REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
January 18, 2022 Milpitas City Council Agenda Page 1
AG END A
TUESDAY, JANUARY 18, 2022
MILPITAS, CA
6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-3122
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3232
City Council meeting is held via teleconference /Zoom webinar only (no physical meeting space).
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.ci.milpitas.ca.gov/youtube
Web Streaming: https://www.ci.milpitas.ca.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application.
Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_cIENQXIOS72UEqRAQSy5Vw After you register a link will be sent to you to join the City Council meeting in order to give your comments.
All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.
All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items
MILPITAS CITY COUNCIL CODE OF CONDUCT
Be respectful and courteous (words, tone, and body language). Model civility.
Avoid surprises.
Praise publicly and criticize privately.
Focus on the issue, not the person.
Refrain from using electronic devices while on the Council dais. Disclose conflicts of interest and affiliations related to agenda items. Separate governing from campaigning.
The Council speaks with one voice after making policy on issues. Respect the line between policy and administration.
Council will hold one another accountable to comply with this Code of Conduct. 1 January 18, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)
ADJOURN TO CLOSED SESSION
(a) DISCUSSION WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Jeannine Seher, Human Resources Director Employee Organization: IAFF
(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Manager
CLOSED SESSION ANNOUNCEMENT (7:00 PM)
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PLEDGE OF ALLEGIANCE
INVOCATION (Vice Mayor Montano)
PRESENTATIONS
PUBLIC FORUM (7:35 PM)
Those in the audience via Zoom are invited to address City Council on any subject not on tonight’s agenda. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.
NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:10 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendars of Meetings for January and February 2022 (Staff Contact:
Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendars of Meetings for January and February 2022.
C2. Approve the City Council Special Meeting Minutes of January 7, 2022 and Special Meeting Minutes of January 11, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001) 2 January 18, 2022 Milpitas City Council Agenda Page 3
Recommendation: Approve the City Council Special Meeting Minutes of January 7, 2022 and Special Meeting Minutes of January 11, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:
Mayor and City Councilmembers, 408-586-3000)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Adopt a Resolution Reviewing and Accepting the Annual Development Impact Fee Annual Report for the Calaveras Boulevard Widening Traffic Impact Fee, the Transit Area Specific Plan (TASP) Impact Fee, and the Storm Drain Fee for the Fiscal Year Ended June 30, 2021 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2021.
C6. Approve and Authorize the City Manager to execute Amendment No. 3 to the Agreement with HdL Software LLC for Business License Tracking Software Services (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Recommendation: Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement with HdL Software LLC for Business License Tracking Software services for a total amount not-to-exceed amount of $110,609.86.
C7. Award Construction Contract IFB No. 22-032 for the Installation of Card Access Control and Monitoring Systems at Fire Stations to Trofholz Technologies for the Not-To-Exceed Amount of $104,324.42 and Authorize the City Manager to Execute the Construction Contract. (Staff Conatct: Tony Ndah, Public Works Director, 408-586-2602) Recommendation: Award construction contract IFB No. 22-032 for the installation of card access control and monitoring systems at Fire Stations to Trofholz Technologies for the not-to-exceed amount of $104,324.42 and authorize the City Manager to execute the construction contract.
C8. Receive Monthly Report for Unhoused Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Recommendation: Receive November 2021 report for unhoused services.
C9. Accept the Resignation of Aysha Mohsin from the Planning Commission (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Accept the resignation of Aysha Mohsin from the Planning Commission; and confirm the noticing of the unscheduled vacancy.
3 January 18, 2022 Milpitas City Council Agenda Page 4
C10. Move to Waive the Second Reading and Adopt Ordinance No. 43.213 Amending Various Sections of Milpitas Municipal Code, Title V, Chapter 100 - Traffic (Staff Contact: Steve Chan, Transportation and Traffic Manager, 408-586-3324, and Jared Hernandez, Chief of Police, 408- 586-2406)
Recommendation: Move to waive the second reading beyond the title and adopt Ordinance No. 43.213 Amending Various Sections of Milpitas Municipal Code, Title V, Chapter 100 - Traffic.
C11. Authorize and Approve Travel to Monterey, CA for City Manager Steve McHarris to Attend the League of California Cities City Managers Annual Conference scheduled for February 2 – 4, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053) Recommendation: Authorize and Approve Travel to Monterey, CA for City Manager Steve McHarris to Attend the League of California Cities City Managers Conference scheduled for February 2 – 4, 2022, for an estimated not-to-exceed amount of $2,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office.
PUBLIC HEARINGS (7:25 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
12. Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, and Environmental Assessment to Allow Development of a 32-Unit Townhome Condominium Subdivision, Comprised of Two Multi-Family Buildings Up to 50 Feet in Height (Three to Four Stories), with Tandem Garages Accessed From a Central Drive Aisle, and Associated Site Improvements on a 1.22-Gross Acre Site Located in the Multi-Family High Density Residential (R3) Zoning District at 2001 Tarob Court, in the Transit Area Specific Plan (TASP) Planning Area (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Recommendation: (1) Conduct a public hearing, receive public comment, and move to close the hearing (2) Consider the consistency memorandums to the Addendum to the Transit Area Specific Plan Environmental Impact Report (TASP EIR) and the exemptions in accordance with CEQA; and (3) Adopt a Resolution approving Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21- 0005, Vesting Tentative Map No. MT21-0001, and Environmental Assessment No. EA21-0002 to allow development of a 32-unit townhome condominium subdivision, comprised of two multi-family buildings up to 50 feet in height (three to four stories), with tandem garages accessed from a central drive aisle, and associated site improvements, subject to the findings and Conditions of Approval.
COMMUNITY DEVELOPMENT (8:00 PM)
13. Receive a Presentation on the Draft Development Review Handbook and Accessory Dwelling Unit (ADU) Toolkit (Staff Contact: Jay Lee, Principal Planner, 408-586-3077) Recommendation: Receive a Presentation on the draft Development Review Handbook and Accessory Dwelling Unit (ADU) Toolkit
14. Milpitas Affordable Housing Ordinance Update (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Recommendation: Following the reading of the title by the City Attorney, move to waive the first reading beyond the title and introduce Ordinance No. 297.1 amending Milpitas Municipal Code Title XII, Chapter 1 (Affordable Housing Ordinance).
4 January 18, 2022 Milpitas City Council Agenda Page 5
REPORTS OF MAYOR & COUNCILMEMBERS (9:30 PM)
15. Per Councilmember Chua, Consider Rescinding the Direction Given to Staff on September 21, 2021, in Relation to the Preliminary Review of Conceptual Plans for a Proposed 206-Unit Multifamily Residential Development Project on a 6.69-Acre Site Located at 1355 California Circle (APN: 22-338-007) (Contact: Councilmember Chua, 408-586-3023) (Staff Will Provide a Brief Presentation)
ADJOURNMENT (10:00 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.ci.milpitas.ca.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.ci.milpitas.ca.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
5 Updated 1/14/22
Milpitas City Council Calendar
January 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
4 ?:00 PM-Closed Session
7:00 PM-City Council
5 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
7:00 PM-Community Advisory
Commission (EC)
6 5:30 PM-Santa Clara VTA Board
of Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (EC)
7 1:00 PM-Special City
Council Meeting – Implicit
Bias Training
8 9 10
4:30 PM-Economic Development
and Trade Commission (KD)
6:00PM-Online Community
Meeting – Planning Department
11 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
6:00 PM- Special City Council
Meeting
12 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
13 4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
5:00 PM-Homelessness Task
Force
7:00 PM-Cities Assoc of SCC
(CM)
7:00 PM-Youth Advisory
Commission (EC)
14 *4:30 PM-City Council
Finance Subcommittee
(RT/CM)
15 16 17
MARTIN LUTHER KING JR.
BIRTHDAY
CITY OFFICES CLOSED
18 6:00 PM-Closed Session
7:00 PM-City Council
19 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
20 10:00 AM-VTA Congestion
Management Prog Planning (CM)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
7:00 PM-Public Safety and
Emergency Preparedness
Commission (KD)
21 9:00 AM-Special VTA Board
Workshop Meeting (CM)
22 23 24
5:30 PM-Science, Technology,
and Innovation Commission (RT)
7:00 PM-Arts Commission (RT)
25 5:30 PM-Special City Council
Meeting – Preliminary FY2022-23
Budget Study Session
26 7:00 PM-Planning Commission
27 9:00 AM-Zoning Administrator
Hearing
12:00 PM-SCC Library Joint
Powers Authority Board Mtg (EC)
4:00 PM-Silicon Valley Regional
Interoperability Authority
(SVRIA) (KD)
28 4:00 PM-City/School
Collaborative Subcom
(RT/CM)
29 30 31
7:00 PM-Library and Education
Advisory Commission (EC)
*Finance Subcommittee will only meet as needed
December 2021
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
February 2022
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
6 Created 1/11/22
Milpitas City Council Calendar
February 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 ?:00 PM-Closed Session
7:00 PM-City Council
2 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
3 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
4 5
6 7
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
8 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
9 7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
7:00 PM-Planning Commission
10 4:00 PM-Treatment Plant
Advisory Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
5:00 PM-Homelessness Task
Force
7:00 PM-Youth Advisory
Commission (EC)
7:00 PM-Cities Assoc of SCC
(CM)
11 *4:30 PM-City Council Finance
Subcommittee (RT/CM)
12 13 14
4:30 PM-Economic Development
and Trade Commission (KD)
15 ?:00 PM-Closed Session
7:00 PM-City Council
16 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
17 18 19
20 21
PRESIDENT’S DAY
CITY HALL CLOSED
22 1:30 PM-Senior Advisory
Commission (EC)
23 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (AP)
7:00 PM-Planning Commission
24 25 26
27 28
*Finance Subcommittee will only meet as needed
January 2022
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
March 2022
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
7 SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
January 07, 2022 Milpitas City Council Agenda Page 1
FRIDAY, JANUARY 7, 2022
MILPITAS, CA
1:00 PM
The City Council of the City of Milpitas convened on the Special Council Meeting day of January 7, 2022, via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the Special City Council meeting to order at 1:00 PM. Roll Call was taken by City Clerk Wood.
PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
PUBLIC FORUM
Those in the audience via Zoom may address City Council on any subject not on the agenda. Those interested in speaking may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.
There were no speakers under Public Forum.
ANNOUNCEMENTS
Mayor Tran asked the City Manager to explore finding an outside COVID testing service.
Councilmember Dominguez commented on the testing, thanked city staff for working with the County to provide testing services, and requested support to direct the City Manager to add to the Emergency Operation Center (EOC) the ability to buy and distribute masks to the community.
Councilmember Chua requested that staff share a flyer on social media to inform the community about the COVID testing in Milpitas.
Vice Mayor Montano commented on reinstating the ordinance mandating masks.
ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Diaz asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest.
READING OF THE CITY COUNCIL CODE OF CONDUCT
City Attorney Diaz read aloud the City Council Code of Conduct. 8 January 7, 2022 Milpitas City Council Agenda Page 2
APPROVAL OF AGENDA
Motion: to approve the January 7, Special Meeting Agenda.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
AGENDA ITEMS
1. Implicit Bias Training and Diversity & Inclusion Training CPS HR Consulting Instructor Jenine Jenkins conducted the training session.
Council received the training on implicit bias and diversity & inclusion.
ADJOURNMENT
Mayor Tran adjourned the meeting at 4:28 PM.
Draft meeting minutes submitted by City Clerk, Wendy Wood 9 SPECIAL MEETING MINUTES OF THE
MILPITAS CITY COUNCIL
January 11, 2022 Milpitas City Council Agenda Page 1
TUESDAY, JANUARY 11, 2022
MILPITAS, CA
6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
The City Council of the City of Milpitas convened on the Special Council Meeting day of January 11, 2022, via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the Special City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Wood.
PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez (arrived at approximately 6:08 PM, and Phan
ABSENT: None
ADJOURN TO CLOSED SESSION
(a) PUBLIC EMPLOYMENT
Pursuant to California Government Code Section 54957
Position: City Attorney (Receive an update on the City Attorney recruitment and provide direction.) CLOSED SESSION ANNOUNCEMENT:
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
City Attorney Diaz stated there was no reportable action.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
INVOCATION
The Invocation was led by Vice Mayor Montano.
PRESENTATIONS
There were no presentations.
PUBLIC FORUM
Those in the audience via Zoom are invited to address City Council on any subject not on tonight’s agenda. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.
There were no speakers under Public Forum.
10 January 11, 2022 Milpitas City Council Agenda Page 2
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.
Mayor Tran requested that staff post the Council meeting Zoom link on social media to provide more access for the community.
City Manager McHarris announced that the COVID testing is currently offered at the Milpitas Sports Center, on the first and third Friday of the month from 9:00 a.m. to 4:30 p.m.; and at the Milpitas Community Center on Mondays and Thursdays from 10:00 a.m. to 6:00 p.m. The Community Center will be adding a new testing day on Tuesdays beginning January 25.
Mayor Tran spoke about the Planet Fitness grand opening, thanked the City Council for attending the Diversity Training Friday, January 7 and commented on the rise in COVID numbers and testing.
Councilmember Phan recognized staff for their work at the testing sites and encouraged the community to utilize the testing services and get vaccinated and boosted.
Councilmember Dominguez expressed her appreciation towards City staff for all their work over the past months and encouraged individuals to work from home and get vaccinated and boosted.
Councilmember Chua thanked the City Manager and Public Information Officer for preparing a flyer to inform the community about the COVID testing in Milpitas and thanked Councilmember Dominguez for the birthday gift.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Diaz asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Diaz asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
City Attorney Diaz read aloud the City Council Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the January 11, 2022, Special Meeting Agenda.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
Vice Mayor Montano asked to remove item C7.
11 January 11, 2022 Milpitas City Council Agenda Page 3 Councilmember Chua requested to have the dollar amount of the fiscal impact for an item listed in the summary on the agenda.
Mayor Tran asked to remove item C4.
Motion: to approve the modified Consent Calendar, with the removal of items C4 and C7.
Motion/Second: Mayor Tran / Councilmember Phan
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
C1. Receive the City Council Calendars of Meetings for January 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the City Council Calendars of Meetings for January 2022.
C2. Approve the City Council Special Meeting Minutes of December 14, 2021 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Approved the City Council Special Meeting Minutes of December 14, 2021.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
C4. Adopt a Resolution Granting Acceptance of the Street Resurfacing 2021 Project, Project No. 4283 & 4298, Authorizing the City Engineer to file a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty Period (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
This item was removed from Consent.
C5. Approve and Authorize the City Manager to Execute Amendment No. 1 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority (VTA) for the State Route 237 Near Term Improvements Project (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Approved and authorized the City Manager to execute Amendment No. 1 to the Funding Agreement between the City of Milpitas and the Santa Clara Valley Transportation Authority (VTA) for the State Route 237 Near Term Improvements Project.
C6. Motion to Reconfirm Findings and Determinations Under Resolution No. 9105 and Assembly Bill 361 for the Continuation of Virtual Meetings (Staff Contact: Christopher J. Diaz, City Attorney, 408-586-3040)
Moved to reconfirm findings and determinations under Resolution No. 9105 and Assembly Bill 361 for the continuation of virtual meetings.
12 January 11, 2022 Milpitas City Council Agenda Page 4 C7. Approve proposed City Council Procedures and Protocols Handbook (Staff Contacts: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Christopher Diaz, City Attorney, 408-586- 3041)
This item was removed from Consent.
C8. Approve Amendment No. 1 to Cost Share Agreement between the Milpitas Unified School District and the City of Milpitas for the McCandless Park and Mattos Elementary School Joint Use Areas (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408- 586-3409
Approved Amendment No.1 to Cost Share Agreement between the Milpitas Unified School District and the City of Milpitas for the McCandless Park and Mattos Elementary School Joint Use Areas.
C9. Consider Recommendations from Mayor Tran for Appointments to City Commissions (Contact: Mayor Tran, 408- 586-3029)
Received Mayor Tran’s recommendations and approve the appointments to City Commissions as follows:
Art Commission
1. Appoint Jamie Hekkelman to serve as Alternate No. 1 with a short-term to expire in October 2024.
2. Appoint Christine Lee to serve as a student non-voting member.
Community Advisory Commission
1. Reappoint Jinky Peralta to serve as a Commissioner with a term to in expire in January 2025.
2. Reappoint Jose Rosario to serve as a Commissioner with a term to in expire in January 2025.
Economic Development and Trade Commission
1. Appoint Ha Phan to serve as Alternate No. 1 with a short-term to expire in April 2024.
2. Appoint Stephan Huang to serve as a student non-voting member.
Energy and Environmental Sustainability Commission
1. Appoint Vikash Venkataramana to serve as a Commissioner with a short-term to expire in October 2024.
Parks, Recreation, and Cultural Resources Commission
1. Appoint Baljit Gill to serve as a Commissioner with a short-term to expire in June 2022.
2. Appoint Allen Roy Thomas to serve as Alternate No. 2 for a short-term to expire in June 2023.
Planning Commission
1. Appoint Sonia Medina-Ashby to serve as a Commissioner with a short-term to expire in December 2022.
Public Safety & Emergency Preparedness Commission
1. Appoint Rudaba Nazir Khan to serve as a Commissioner with a short-term to expire in June 2022. 13 January 11, 2022 Milpitas City Council Agenda Page 5 Science, Technology & Innovation Commission
1. Reappoint Commissioner Anh Bao to serve as a Commissioner with a term to expire in January 2025.
2. Reappoint Commissioner Ratan Choudhury to serve as a Commissioner with a term to expire in January 2025.
3. Reappoint Commissioner Keven Le to serve as a Commissioner with a term to expire in January 2025.
Senior Advisory Commission
1. Reappoint Commissioner Melba Holliday to serve as a Commissioner with a term to expire in December 2024.
2. Reappoint Commissioner Nona Tolentino to serve as Alternate No. 1 with a short-term to expire in December 2023.
3. Reappoint Commissioner Barbara Jo Navarro to serve as Alternate No. 2 with a term to expire in December 2024.
Veteran Commission
1. Reappoint Commissioner William Devereux to serve as a Commissioner with a term to expire in January 2025.
2. Reappoint Commissioner Liliana Ramos to serve as a Commissioner with a term to expire in January 2025.
3. Reappoint Commissioner Bruce Choy to serve as a Commissioner with a term to expire in January 2025.
4. Reappoint Commissioner Victorino Monzon to serve as a Commissioner with a term to expire in January 2025.
5. Move Commissioner Puneet Sandhu from Alternate No. 2 to the vacant Commissioner seat with a term to expire in January 2025.
Youth Commission
1. Appoint Srinand Mudunuri to serve as Alternate No. 2 with a short-term to expire in September 2022.
Measure F Oversight Committee
Appoint Conrad Schapira to serve as a committee member with a short-term to expire in March 2023.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
10. Introduce Ordinance No. 43.213 Amending Various Sections of Milpitas Municipal Code, Title V, Chapter 100 - Traffic (Staff Contacts: Steve Chan, Transportation and Traffic Manager, 408-586- 3324, and Jared Hernandez, Chief of Police 408-586-2406) Transportation and Traffic Manager Chan presented the staff report.
City Attorney Diaz read the title of Ordinance 43.213 “An Ordinance of the City Council of the City of Milpitas Amending Various Sections of Title V, Chapter 100 (“Traffic”) Of The Milpitas Municipal Code.” Motion: to move to waive the reading beyond the title and introduce Ordinance No. 43.213 amending various sections of Milpitas Municipal Code, Title V, Chapter 100 – Traffic. 14 January 11, 2022 Milpitas City Council Agenda Page 6 Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
LEADERSHIP AND SUPPORT SERVICES
11. Review List of Agenda Item Requests from Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on the Items in Group 1; and Provide Additional Clarification to Staff, If Any, on Group 2 Items (Staff Contacts: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Walter C. Rossmann, Deputy City Manager, 408-586-3012) Assistant City Manager Kantak presented the staff report.
Councilmember Chua commented on item CC 49 in group 3 “Consider rescinding direction given on 1355 California Circle project and allow the project application to move forward without being tied to a specific plan” and asked that it be put on the next agenda.
Motion: to remove item CC 49 from the list and agendize it for discussion at the next Council meeting.
Motion/Second: Councilmember Chua / Mayor Tran
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
Council discussed the items and used an electronic voting system to select ten items from Group one to move forward. Council voted a total of eight rounds, with items receiving three or more votes selected to move forward. The results of each voting round are as follows:
Round 1: CC 2 – Building Heights Limits Near the Hillside CC 22 – Park Champions
CC 24 – Roller Skate Summer Program
CC 29 – Donate old Obsolete, Noncompliance Items from the Fire Department to Sister City Dagupan Philippines
Round 2: CC 20 – Murals for Pillars on Main Street
Round 3: CC 31 – Include a Bust of Maria Lemery and a Picture of Albert Vogal Sr. on the Existing Senior Center Thriving Legacy Mural
Round 4: CC 35 – Saturday Senior Center Opening Hours Pilot Round 5: CC 34 – Provide Commissioners Appreciation Gifts Round 6: CC 7 – Outdoor Music Ordinance
Round 7: No items were added in this round
Round 8: CC 4 – Increase the Number of Commission Members from Seven to Nine on the Parks, Recreations and Cultural Resources Commission
The following people spoke under public comment:
1. Voltaire Montemayor
City Clerk Wood read the list of ten items that received three or more votes. 15 January 11, 2022 Milpitas City Council Agenda Page 7 Motion: to approve the 10 selected items by the City Council as follows: CC Items 2, 22, 24, 29, 20, 31, 35, 34, 7, and 4.
Motion/Second: Vice Mayor Montano / Councilmember Dominguez Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
12. Receive an Update on the American Rescue Plan Act, Approve the ARPA Reallocation Recommendation and Approve the Budget Appropriation Modification for Permit Automation Fund (Staff Contacts: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Lauren Lai, Director of Finance, 408-586-3111)
Assistant City Manager Kantak introduced the item and Finance Director Lai presented the staff report.
The following people spoke under public comment:
1. Voltaire Montemayor
Council asked clarifying questions.
Economic Development Director Andrade and Building Safety and Housing Director Goei provided additional information.
Councilmember Chua commented on Community Services for rental and mortgage assistance to lowand moderate-income residence and requested language in the selection process stating that the applicants should have not received state or federal assistance related to rent or mortgage. She also commented on the small business grants, stating that daycare services should not be included in the raffle. She requested the following business types automatically receive grant funding if they apply:
daycare business (approximately 80), fitness/yoga businesses (approximately 20), and the 42 microenterprise businesses that were not selected in the first round and are still eligible.
Economic Development Director Andrade clarified that fitness centers, yoga studios, and martial arts studios are all in the same category.
Finance Director Lai summarized the requests from Councilmember Chua and stated the request for small businesses is to allocate funding for approximately 80 daycare services at $5,000 each for an estimated total of $400,000. The remaining balance would allow the City to assist approximately 200 more businesses with $5,000 grants. From the 200 business grants the City would allocate funding for any of the 42 micro-enterprise businesses that were not selected in the first round and for approximately 20 grants for fitness/yoga studios/martial arts businesses if they applied and were deemed eligible. After the mentioned allocations there would be an estimated total of 140 grants left for all other business types.
Motion to approve the update on the American Rescue Plan Act (ARPA) and Budget Appropriation Modification for Permit Automation Fund, including allocations stated by the Finance Director.
Motion/Second: Vice Mayor Montano / Councilmember Dominguez Motion carried by the following roll call vote:
16 January 11, 2022 Milpitas City Council Agenda Page 8 AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ITEMS PULLED FROM CONSENT CALENDAR
4. Adopt a Resolution Granting Acceptance of the Street Resurfacing 2021 Project, Project No. 4283 & 4298, Authorizing the City Engineer to file a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty Period (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Mayor Tran asked clarifying questions.
Transportation and Traffic Manager Chan provided additional information.
Motion: to adopt Resolution No. 9115 granting acceptance of the Street Resurfacing 2021 Project, Project No. 4283 & 4298, authorizing the City Engineer to file a Notice of Completion, and issuing a notice of final acceptance to the Contractor after the one-year warranty period.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
7. Approve proposed City Council Procedures and Protocols Handbook (Staff Contacts: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Christopher Diaz, City Attorney, 408-586- 3041)
Vice Mayor Montano requested increasing staff hours from four to six hours for Councilmember requests, which do not require prioritization; adding a reference to the censure policy in the Council Code of Conduct section of the Handbook; and disallowing cell phones in closed sessions.
Council discussed the requested changes and was not supportive of changing the number of staff hours for Councilmember requests, which do not require prioritization.
Motion: to approve proposed City Council Procedures and Protocols Handbook with amendments to add a reference to the censure policy in the Council Code of Conduct section of the Handbook and disallow cell phones in closed sessions.
Motion/Second: Vice Mayor Montano / Councilmember Dominguez Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ADJOURNMENT
Mayor Tran adjourned the meeting at 10:44 PM.
Draft meeting minutes submitted by City Clerk, Wendy Wood 17 MILPITAS CITY COUNCIL
AGENDA PREVIEW LIST
February 1, 2022
CLOSED SESSION
INVOCATION (assigned to Councilmember Phan)
PRESENTATION
CONSENT CALENDAR
1. Receive City Council calendar for February 2022 (City Clerk) ,
2. Approve City Council Regular Meeting minutes of January 18, 2022 and Special Meeting minutes of January 25, 2022 (City Clerk)
3. Preview list of items for February 15, 2022 (City Clerk)
4. Councilmember Request List (City Clerk)
5. Approve and Authorize the City Manager to Execute a Funding Agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program; Approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand; Approve a Budget Appropriation of $1,355,916 in Measure B Innovative Transit Service Models Program Funding and Developer Contributions into Project No. 3493; and Adopt a Resolution to Approve and Authorize the City Manager to Execute a Subscription and Services Agreement with RideCo in a Not-to-Exceed Amount of $1,355,916 for Consultant Services Related to Milpitas OnDemand and Making Sole Source Findings and Findings that the Procurement is in the Best Interest of the City (Ned Thomas)
6. Approve and Authorize the City Manager to Execute the Renewal Order for Office 365 Subscription (Daniel Nam)
7. Motion to Reconfirm Findings and Determinations Under Resolution No. 9105 and Assembly Bill 361 for the Continuation of Virtual Meetings (Chris Diaz)
PUBLIC HEARING
COMMUNITY DEVELOPMENT
8. Homelessness Task Force Report (Sharon Goei)
9. 1300 S. Main Street 100% affordable housing – proposed 12- units residential apartment buildings (Ned Thomas)
COMMUNITY SERVICES
PUBLIC SAFETY
LEADERSHIP
18 REPORTS
19 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
2022 OPEN
Request No. Topic Submitted by:
A, F,
CM,
or
CCM
Date
requested or
Rec'd Form
1 Requested staff to look into an ordinance for the
number of people allowed in a house. Montano A 12/7/2021 2 Requested staff check to see if the City has an
ordinance for house numbers Chua A 12/7/2021
3 Requested staff to look at creating a pilot project to accommodate pickleball at Peter Gill
Park and would like a feasibility study with a goal of
making these courts multi-purpose Chua A 11/16/2021
4 Request for the City to make the temporary thirdparty food deliver fee caps permanent and add additional provisions for enforcement Phan A 11/16/2021 5 Staff to look into mural Art on Great Mall Parkway
on the ligh rail pillars Montano A 11/16/2021
NOTE: Deferred and completed items are not listed
STATUS and/or DATE scheduled on
City Council meeting agenda:
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
20 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
6 Look at creating an ordinance for a blanket
business permit that would grandfather and waive
all fees for any business started separate from their
original business if they are creating anything that
is helping save lives during the pandemic.
Dominguez A 11/2/2021
7 Staff to look into County reimbursimburment to the
City for the extra services provided to HomeKey. Chua A 11/2/2021 8 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran A 11/2/2021
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Staff to contact the County an issue
an Email/Information Memorandum
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
21 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
ACTIVE
Topic Submitted by:
A, F,
CM,
or
CCM
Date
requested or
Rec'd Form
9 Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano A 9/7/2021 10 Park Champions Chua A 10/19/2021
11 Requested staff look into donating old, obsolete,
noncompliance items from the Fire Department to
Sister City Dagupan Chua A 8/9/2021
12 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano A 8/5/2021
13 Look into opening up the Senior Center on
Saturdays for half a day Chua A 8/5/2021
14 Look into bringing back a roller rink Montano A 8/5/2021 15 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height limits
near the hillside by January 2022 Tran A 9/21/2021
16 Requested staff look into increasing the number of
Park and Recreation commissioners from seven to
nine. Montano A 10/5/2021
17 Have a picture of Albert Bogel Sr. put up in the
Senior Center Montano A 10/19/2021
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
STATUS and/or DATE scheduled on
City Council meeting agenda:
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
22 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
18 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano A 8/17/2021
19 Requested that the City provide the Commissioners
with an appreciation gifts Chua A 10/19/2021
20 Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction
given to 1355 California Circle and include direction
to allow the project application to move forward
without being tied to a specific plan Chua A 10/19/2021 21 Look into the selection of BMR units in the City and would like to know how the applicants get selected
to be on the below-market-rate units Chua A 10/19/2021
22 Requested the executive staff to look into reflective road markers as an effective way to reduce cars
doing donuts in the street Chua A 10/19/2021
23 Look into how the City can be a resource for small
businesses to help guide them on what to do in
terms of ADA (Americans with Disabilities Act)
requirements due to the quick changes made to
facilities during the pandemic Chua A 8/5/2021
24 Create an “Incentive Corner,” which will be a subpage with links to different freebies, grants, and incentives from the City and the regions, including
the Water District and Silicon Valley Clean Energy Chua A 8/17/2021 25 City to highlight mental health resources on the
website Dominguez A 8/17/2021
Scheduled for Discussion on
1/18/2022
At the 11/12 Transportation
Subcommittee, the Subcimmittee
directed to bring back this request to
Council as part of the 2022-23 budget
process
Staff to issued a Memorandum on
1/11/2022
Staff will implement this item early
2022
Staff will issue an Email
Approved to move forward at the
1/11/2022 Council meeting
SVEDA/SV Joint Venture hosted the
“SV Small Businesses & ADA
Compliance” webinar on 11/3/21.
Several Milpitas business reps, & staff
from Econ. Dev. & Building
participated. Staff met with reps from
CA Comm. on Disability Access to
discuss business education &
outreach.
Approved to move forward at the
1/11/2022 Council meeting
23 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
26 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a
webinar and campaign to help increase the number
of donors Chua A 8/17/2021
27 Requested the City extend the outdoor dining
options through March of next year Phan A 9/21/2021
28 Requested Staff see if there is anything that can be done to address an increase in illegal dumping Phan A 10/5/2021 29 Increase the City's rebate program to match
Valley Water's two dollars rebate increase and look
into expanding the "Lawn Buster" program to more
residents based on
income Chua CCM 6/15/2021
30 ADU workshop in September/October Chua A 6/15/2015
31 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and lowincome residence for necessary safety renovations Tran A 5/4/2021
32 Information showing that the ordinance requiring
developers to provide art features is being followed
and an update on the Art developer fees. Montano A 5/4/2021 Planning Director to provide
information on current outdoor dining
extension
Staff will include the stem cell donor
information in regularly scheduled
wellness event
8/09/2021 Council voted 5-0 to move
this item forward in the winter 2021
Valley Water Rebate Contract
Amendment scheduled for Council
consideration on October 19, 2021;
Contract with "Our City Forest"
scheduled for Council approval in Fall
2021; On December 14, 2021,
Council is scheduled to approve a
contract with "Our City Forest."
Staff will send a memo
Information Memorandum scheduled
to be released in October
8/09/2021 Council voted 5-0 to move
this item forward and modify the
existing Milpitas Assistance program
to include seniors; Staff will bring this
item for funding consideration as part
of the FY 2022-23 budget process
24 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
33 Discussion to reduce the City’s Senior Center
facilities deposit Montano A 5/4/2021
34 Discussion on human trafficking training for City
staff Dominguez A 4/20/2021
35 Requested that the City have mini-libraries in the
low-income areas of the City. Montano A 4/20/2021
36 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua A 4/6/2021
37 Staff to look into creating a rose garden with a
children’s memorial site Montano A 4/6/2021
8/09/2021 Council voted 5-0 to refer
this item as part of the development
of the FY 2022-23 Master Fee
Schedule
8/09/2021 Council voted 3-1-1 to
move this item forward, taff to follow
up with Vice Mayor Montano on
specific vision. Staff met with the Vice
Mayor. The City will continue to
facilitate libraries as needed but will
not take a lead role in funding or
operating them
discussed at 8/09/2021 meeting;
original request was "Discussion on
human trafficking training mandatory
in the hospitality industry" item was
modified to address training for City
staff instead of hospitality industry
and considered at next quarterly
discussion
8/09/2021 Council voted 4-1 to
discuss details with Vice Mayor
Montano and refer this item as part of
the development of the 2023-2027
CIP
At 8/9/2021 Counil meeting, Council
voted that this item may have to come
back for additional discussion
because there may be some legal
considerations.
25 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
38 Staff to look into creating “Welcome to Milpitas”
signs in key areas of in the City Montano A 4/6/2021
39 Staff to provide information to place a measure on
the ballot to change the directly elected Mayor to a
rotational at-large position Tran CCM 3/16/2021
40 Staff to provide information on a landmark policy
for the City of Milpitas Tran A 3/16/2021
41 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan A 2/16/2021
Policy to be sent to Council if existing,
or a new policy to be brought for
Council consideration by December
2021; 8/09/2021 Council voted 5-0 to
move this item forward
To be agendized at a future City
Council meeting, along with
discussion of Mayor and
Councilmember term limits
8/09/2021 Council voted 5-0 to move
this item forward and Council
provided direction tht the signs should
align with the efforts currently
underway with the Metro Plan and
Main Street Gateway Specific Plan
process and work with private
development. Staff was directed to
work with Vice Mayor on additional
clarification. In November, Vice Mayor
Montano noted a preference for a
location on South Main Street.
Agendized for discussion on
3/16/2021, deferred to 4/06/2021; CC
direction for City Attorney to prepare a
report;At the 11/12/2021
Transportation Subcommittee, the
Subcommittee directed to bring back
this request to Council as part of the
FY 2022-23
budget process.
26 MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
42 Amend ordinance to remove affordable housing inlieu fee; status update on this item Chua A 1/0/1900 43 Ordinance to ban vaping in the City Montano A 12/15/2020 44 Review City policy on speed bumps Tran A 12/15/2020
45 Require implicit bias training for City Council,
Commissioners & staff Dominguez A 6/16/2020
46 Consider change in term limits for Mayor +
Councilmembers Montano A 6/16/2020
47 Consider Community Museum and Park on Main
St.
Phan
F 8/20/2019
to Rules 8/23/2019. Moved to
Specific Plan Community
Conversation events.
Presented to Transportation
Subcommittee on 02/12/2021;voted
on 3/16/2021 to revisit this item
Ordinance regarding a ban on use in
certain areas adopted by Council on
6/15/2021. Policy related to access to
products will be brought forward in
Spring 2022
8/4/2020: Voted 3 -2 to pursue;
2/02/2021 to agendize for a future
meeting; 3/16/2021 voted 3-1-1 to
move forward
Agendized on 1/5/21, Received
Council majority vote on
2/2/2021 and 3/16/2021; staff will
bring forward in Winter 2021
approved 8/18/2020; completed on
1/07/2022
27 CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Reviewing and Accepting the Annual Development Impact Fee Annual Report for the Calaveras Boulevard Widening Traffic Impact Fee, the Transit Area Specific Plan (TASP) Impact Fee, and the Storm Drain Fee for the Fiscal Year Ended June 30, 2021
Category: Consent Calendar-Leadership and Support Services Meeting Date: 1/18/2022
Staff Contact: Lauren Lai, 408-586-3111
Recommendation: Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2021.
Background:
California Government Code Section 66000 et seq. (“Mitigation Fee Act”) requires local agencies to provide an accounting of fees charged for development projects. The City has two basic accounting and reporting responsibilities under the Government Code. Section 66001(d) requires that, five years after collecting a development fee subject to this Code section and every five years thereafter, the local agency shall make findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. If the required findings are not made, the unexpended funds shall be refunded to the current property owners.
Five-year findings must:
1. Identify the purpose of the fee;
2. Demonstrate a reasonable relationship between the fee and the purpose for which it was charged;
3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and
4. Designate the approximate dates on which these funding sources can be expected to be deposited into the appropriate account or fund.
When sufficient funds have been collected to complete financing on incomplete public improvements, the local agency has 180 days to identify an approximate date by which the construction of the public improvement will begin or else is required to refund the unexpended fees, including accrued interest, to the current owner of lots or units of the development project.
For Fiscal Year ending on June 30, 2019, the City reported its last Five-Year findings for the remaining unexpended fee proceeds for the Calaveras Blvd Widening Traffic Impact Fee, and Transit Area Specific Plan Impact Fee. The City will need to report the next Five-Year findings report for Fiscal Year ending on June 30, 2024.
The second requirement set forth under Government Code Section 66006(b)(1)* provides that each local agency is required on an annual basis, within 180 days after fiscal year end, for each separate account, to make available to the public the following information:
28 1. Brief description of the type of fee in the account;
2. The amount of the fee;
3. The account’s beginning and ending balance;
4. The amount of fees collected and the interest earned;
5. A description of the improvements on which the funds were expended and the amount expended on each improvement including the percentage of the improvement funded with development fees;
6. An approximate date by which the construction of a public improvement will begin if the local agency determines that sufficient funds have been collected to complete financing on the incomplete improvement;
7. A description of each inter-fund transfer or loan made from the account; and
8. The amount of any refunds or allocations made pursuant to Code Section 66001.
The City deposits impact fees subject to the above disclosure in the Calaveras Boulevard Widening Traffic Impact Fee Fund, Transit Area Specific Plan (TASP) Impact Fee Fund, and Storm Drain Development Fund to track these development related fees. Interest income is allocated to these funds based on their respective monthly cash balances. Expenditures from these funds were in the form of capital improvement projects to either renovate existing facilities or maintain the existing level of service, consistent with the General Plan and approved Capital Improvement Plan, due to increased demand related to the development projects.
Analysis:
Annual reports (included in the agenda packet) summarize the Fiscal Year 2020-2021 fund activity for Calaveras Boulevard Widening Traffic Impact Fee (Exhibit 1); Transit Area Specific Plan (TASP) Impact Fee (Exhibit 2); and Storm Drain Development Fee (Exhibit 3). The reports show the amount of fees collected in fiscal year 2020-2021, interest income, a brief description of the projects funded, the percentage of the projects funded by the development fees, and the beginning and ending balance of the funds. The table below shows the beginning fund balance, revenues received, expenditures and ending fund balance for each impact fee for Fiscal Year 2020-2021. The plan to expend the funds available in ending fund balances for the various fees is outlined in the attached reports. For the TASP Impact Fee, for example, the unexpended fee proceeds will be used to fund necessary infrastructure (e.g.: A community center/recreation facility, a park, Montague Expressway widening) as identified in the Transit Area Development Impact Fee Report, dated February 2014, and the City’s Capital Improvement Program 2020-2025 Final Report.
FY 2020-21 Calaveras Blvd
Widening Traffic
Impact Fee
TASP Impact Storm Drain
Development*
Beginning
Fund Balance
$1,532,187 $48,945,658** $1,677,976
Revenues $139,773 13,900,396 862,307
Expenditures $0 (15,893,407) (2,020,000)
Ending Fund
Balance
$1,671,960 $46,952,647 $520,283
*Annual reporting for the Storm Drain Fee is subject to Government Code Section 66013, however those reporting requirements are substantially similar to the annual reporting requirements under Government code section 66006 and are referred to collectively here for convenience.
**Restated beginning fund balance due to loan to the Piper Montague Infrastructure Plan (PMIP) Fund.
Note that as of Fiscal Year 2019-2020 the Milpitas Business Park Traffic Impact Fee has been fully expended and is no longer being collected.
Policy Alternative:
Not applicable.
Fiscal Impact:
Not applicable.
29 California Environmental Quality Act:
The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3).
Recommendation:
Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2021.
Attachment:
1. Resolution including Annual Reports as Exhibits
30 1 Resolution No. ___
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS REVIEWING AND ACCEPTING
ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE INFORMATION FOR THE CALAVERAS
BOULEVARD WIDENING TRAFFIC IMPACT FEE, THE TRANSIT AREA SPECIFIC PLAN IMPACT FEE AND THE STORM DRAIN FEE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66006 and 66013
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Milpitas (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.) the City Council established, adopted, and imposed a Calaveras Boulevard Traffic Impact Fee, a Transit Area Specific Plan (“TASP”) Impact Fee and a Storm Drain Fee (collectively, the “Fees”); and WHEREAS, the City has deposited all Fees in separate non-commingled funds (“Funds”) established for such a purpose; and
WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual accounting information (“Annual Report”) required by the Mitigation Fee Act related to each of the Fees; and
WHEREAS, the City has mailed notice at least fifteen (15) days prior to this meeting to all interested parties who have requested notice of any meeting relative to the City’s imposition of the Fees and has held a duly noticed, regularly scheduled public meeting at which oral and written testimony was received regarding the Annual Reports at least fifteen (15) days after the City made this information publicly available.
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. In accordance with Government Code Section 66006(b) and Section 66013, the City Council has reviewed and approves the Annual Reports for each of the Fees, which are attached to this Resolution as Exhibits 1-3, and are also placed on file with the City Clerk. The Council, based upon the information contained in the Annual Report and the remaining need for the unexpended funds, finds as follows:
a. That each of the Annual Reports describe the types of Fees contained in each of the Funds, including the amount of the fees, the beginning and ending balance of the Funds, as well as the amount of fees collected, and the interest earned thereon. b. That each of the Annual Reports identifies each public improvement on which the Fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the Fees. c. That there were interfund transfers or loans made from the Funds, as noted. d. That sufficient funds have not been collected to complete the financing of any incomplete public improvement, and that there were no refunds or allocations made of the Fees.
3. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees. 31 2 Resolution No. ___
PASSED AND ADOPTED this __________day of ___________, 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
_______________________________
Christopher J. Diaz, City Attorney
32 3 Resolution No. ___
City of Milpitas
Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2021
Exhibit 1
Calaveras Boulevard Widening Traffic Impact Fee
Description:
In order to implement the goals and objectives of the City of Milpitas General Plan and to mitigate the traffic impacts caused by new development in the City of Milpitas, certain roadways such as Calaveras Boulevard must be widened.
Fee:
The amount of the fee as of June 30, 2021 was as follows:
Area Covered Type of Dwelling Amount
Citywide except TASP to widen
Calaveras Boulevard
Residential 5 or
more units
$257 per dwelling unit
Retail
Development of
1,000 or more
square fee
$1,096 per thousand square
feet
Office
Development of
1,000 or more
square feet
$544 per thousand square feet
Other Uses A focused nexus study will be
required
33 4 Resolution No. ___
Exhibit 1- continued
Calaveras Widening Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year 2020-2021
Fees collected and interest earned:
Revenues
Traffic Fees $ 120,460
Interest 19,313
Total Revenues 139,773
Fees expended on public improvement:
Expenditures 0
Total Expenditures 0
Excess/(deficiency) of revenues over/ 139,773
(under) expenditures
Beginning and ending balance:
Fund Balance, beginning of year (restated) 1,532,187
Fund Balance, end of year $1,671,960
Inter-fund transfer or loan made description:
None
Refunds made from surplus fees and amount of any allocations made:
None
34 5 Resolution No. ___
Exhibit 2
Annual Report for the Transit Area Specific Plan (TASP) Impact Fee Fiscal Year ended June 30, 2021
Description:
Based on Resolution No. 8344 Exhibit A Transit Area Development Impact Fee Update Report prepared by Economic & Planning Systems, Inc., dated February 2014, the purpose of the Transit Area Specific Plan Impact fee is to fund the planning and development (as described in the Report) of an approximately 437-acre area in the southern portion of the City near the Great Mall shopping center to support more residents and workers with appropriately scaled utilities, parks, community facilities, and roadways.
Fee:
The amount of the fee as of June 30, 2021 was as follows:
Type of Dwelling Amount
Residential $42,657 per unit
Retail $27.91 per square foot
Office $47.96 per square foot
35 6 Resolution No. ___
Exhibit 2- Continued
Transit Area Specific Plan (TASP) Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year 2020-2021
Fees collected and interest earned:
Revenues:
TASP Impact Fees $ 13,065,471
Interest 834,925
Total Revenues 13,900,396
Fees expended on public improvement (See table for % of cost funded with fees):
Expenditures:
1. CP 2006 - Transit Area Specific Plan Update (DB44) 676,250
2. CP 2008 - Montague Ped. Overcrossing at
Piper Dr. (DB7) 750,000
3. CP 2016 - S. Milpitas Blvd. Veh. Bridge at Penitencia 1,375,000
4. CP 2017 - TASP On-Street Parking Program (192,319)*
5. CP 2019 - (Rmb) TASP Recycled Water Distribution (599,609)*
6. CP 2023 - Trade Zone/Montague Park - Central 600,000
7. CP 4281 - TASP Underground Utility District (DB10) (366,806)*
8. Tarob Land Purchase 11,094,141
9. Senior Lifestyles 702,251
10. TASP Plan Administration Expense 4,129
11. Interest on Inter fund Loan for Sewer System (DB15) 37,041
12. Loan to the Piper Montague Infrastructure Plan (PMIP) Fund 1,813,329
Total Expenditures 15,893,407
Excess (deficiency) of revenues over
(under) expenditures (1,993,011)
Beginning and ending balance:
Fund Balance, beginning of year 48,945,658**
Fund Balance, end of year $46,952,647
*Capital Improvement Project returned funds back to the TASP fund. **Restated beginning fund balance due to loan to the Piper Montague Infrastructure Plan (PMIP) Fund. 36 7 Resolution No. ___
CIP/Item
Number and Title
Project Description % of the project
funded with
development fees
Construction
Commencement
Date
CP 2006 - Transit
Area Specific Plan
Update (DB44)
The Transit Area Specific Plan (TASP) was approved in
2008. There have been minor amendments to TASP focused
primarily on individual properties, but no comprehensive evaluation of the plan and the effectiveness of its
implementation has been made. Approximately 95% of the
housing planned and cleared under CEQA for the area have been entitled or constructed. Approximately 50% of retail uses and none of the office have been developed. An
evaluation of development projects proposed, entitled, or constructed; processes and regulations for development; changes to the land use diagram; and remaining development capacity should be undertaken. This project will include an update to the TASP EIR to provide environmental clearance for additional residential development.
100% 2012
CP 2008 -
Montague Ped.
Overcrossing at
Piper Dr. (DB7)
This project provides for the construction of a pedestrian overcrossing (POC) over Montague Expressway at Piper
Drive. The pedestrian overcrossing is part of the Transit Area Specific Plan (TASP) circulation infrastructure improvement that provides safe and convenient pedestrian circulation between the Milpitas BART station, Great Mall and
surrounding residential developments.
100% 2016
CP 2016 - S.
Milpitas Blvd.
Veh. Bridge at
Penitencia
This project provides for design and construction of a
vehicular bridge over Penitencia Creek at the end of the new S. Milpitas Blvd. Extension. The vehicular bridge is part of the Transit Area Specific Plan (TASP) circulation
infrastructure improvement to provide vehicular, bicycle and pedestrian connectivity between TASP developments,
Milpitas BART station, Great Mall and surrounding
residential developments.
100% Design only.
Construction has
not yet started.
CP 2017 - TASP
On-Street Parking
Program
This project provides for a Transit Area Specific Plan (TASP) area on-street parking program including installation of time limited parking signage within 0.5 mile of Milpitas BART station. The goal of the project is to encourage on-street parking supply turnover around Milpitas BART station so that nearby residents and the public have parking
opportunities to access nearby parks and retail destinations, and discourage BART commuters from occupying on-street
parking for prolong periods of the day.
100% 2019
CP 2019 - (Rmb)
TASP Recycled
Water Distribution
The project provides reimbursement to developers for the construction of recycled water system extension in the Transit Area Specific Plan (TASP) area. This project is the City’s effort to diversify the water supply system and offset the use of potable water with recycled water mainly for irrigation purposes. New mains will be installed along Great Mall
Parkway, East Capitol Avenue, Montague Expressway, South Milpitas Boulevard, McCandless Drive, Sango Court, Tarob Court, and the Piper/Montague subdistrict.
100% 2019
CP 2023 – Trade
Zone/Montague
Park - Central
This project provides for the design and construction of a new 5-acre City park within the Trade Zone/Montague
Subdistrict of the Transit Area Specific Plan area. The park will be adjacent to Expedition Lane, Sango Court, and Tarob Court. Park may include pedestrian paths, benches, trees, 100% N/A
37 8 Resolution No. ___
sports fields, community center, and other passive recreation facilities.
CP 4281 - TASP
Underground
Utility District
(DB10)
This project provides for the creation of new Underground Utility District (UUD) #7 within the City’s Transit Area Specific Plan redevelopment area. The purpose of the
district is to allow Pacific Gas & Electric Company
(PG&E) to underground existing overhead electric, PG&E, Cable TV, and communication utilities. The new district would be administered by the City with the undergrounding design and construction to be completed by PG&E using
the City’s Rule 20A funds. The City has approximately
$5.2M in available PG&E Rule 20A funds for use with this project.
100% 2020
8 Tarob property purchase 100% N/A
9 Senior Lifestyles 100% N/A
10 TASP Plan Administration Expense 100% N/A
11 Interest on interfund loans advanced for the Sewer System (DB15) from General fund.
100% 2015
Inter-fund transfer or loan made description:
In FY’21, the TASP fund paid back the General Fund for $5,000,000. In addition, there is a $1,813,329 loan to the Piper Montague Infrastructure Plan (PMIP) Fund.
Refunds made from surplus fees and amount of any allocations made:
None
38 9 Resolution No. ___
Exhibit 3
Annual Report Storm Drain Fee
Fiscal Year ended June 30, 2021
Description:
Prior to connection or discharge to any storm drain facility from a new development project, developers shall pay City a fee for connection/discharge to the City’s storm drain system (Municipal Code XI-16-16). The purpose of the storm drain fee is to fund facilities necessary to provide storm drain services, and revenues derived from the fee imposed by the City shall be used solely for that purpose.
Fee:
The amount of the fee as of June 30, 2021 was as follows:
Type of Dwelling Parcel Size Per Parcel Fee
Connection Fees
Single-family medium density Equal or smaller than
8,710 square feet $1,100
Single-family low density Between 8,711 and
43,560 square feet $1,916
Single-family Between 1 acre and 4
acres
$3,594
Single-family Between 4 acre and 9
acres
$4,792
Single-family Greater than 9 acres $6,469
Multiple-family $16,771 per acre
Commercial, industrial, institutional,
or mixed use sites $21,562 per acre
Schools with athletic fields $7,187 per acre
Parks $4,792 per park
39 10 Resolution No. ___
Exhibit 3- continued
Storm Drain Development Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year 2020-2021
Fees collected and interest earned:
Revenues:
Connection Fees $664,673
Funding returned from closed project CP 3712 63,087
Storm drain funding returned from project CP 3714 75,000 Interest 59,547
Total Revenues 862,307
Fees expended on public improvement (See table for % of cost funded with fees):
Expenditures:
CP 3715 – Storm Drain System Rehab 17-19 1,025,000
CP 3718 – Storm Supervisory Control & Data Acquisition 850,000 CP 3719 – On-Call Storm Maintenance & Repair Services 145,000 Total Expenditures 2,020,000
Excess (deficiency) of revenues over
(under) expenditures (1,157,693)
Beginning and ending balance:
Fund Balance, beginning of year 1,677,976
Fund Balance, end of year $ 520,283
CIP Number Project Description
% of the project
funded with
development
fees
Construction
commencement
Date
Status
Of
Project
CP 3712 –
Minor Storm
Drain
Projects 2016
The Minor Storm Drain Project 2016 involves the
ongoing analysis and implementation of various
minor modifications and improvements to the
existing storm drain systems.
100% 2016 Closed
CP 3714 -
Flap Gate
Replacement
This project provides assessment and replaces
and/or installs check valve assemblies at creek
outfalls. 100% 2017 In Process
CP 3715 -
Storm Drain
System
Rehab 17-19
This project provides for the maintenance of the
City’s storm drain systems due to insufficient
capacity and aging infrastructure. Work will
include maintenance to pumps, electrical and
mechanical systems at pump stations, and
maintenance of City owned creeks and drainage
ditches. Work will be programmed based on the
100% 2018 In Process
40 11 Resolution No. ___
new Storm Drain Master Plan and urban runoff
program requirements.
CP3718 –
Storm
Supervisory
This project provides a real-time data, such as wet
well level and pump operational stat us to utility
systems operators.
100% 2020 In Process
CP3719 –
On-Call
Storm
Maintenance
& Repair
This project provides for on-call repair and
maintenance services at all City storm
infrastructure, assets, and appurtenances. Work
may include, but is not limited to, repair and
replacement of electrical and mechanical systems
(VFD & generators), motors and pumps, pipelines,
aboveground/underground storage tanks, and other
related improvements. All work will be performed
on a priority and funding availability basis.
100%
Repair and
maintenance
services
In Process
Inter-fund transfer or loan made description:
None
Refunds made from surplus fees and amount of any allocations made:
None
41 CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to execute Amendment No. 3 to the Agreement with HdL Software LLC for Business License Tracking Software Services Category: Consent Calendar-Leadership and Support Services Meeting Date: 1/18/2022
Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712 and Chris Schroeder, Purchasing Agent, 408-586-3161
Recommendation: Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement with HdL Software LLC for Business License Tracking Software services for a total amount not-to-exceed amount of $110,609.86
Background:
Title 1- Chapter 3 Section 1.02 of the City of Milpitas Municipal Code establishes the City’s Business License Tax Collector who “…shall have the power to establish rules and regulations consistent with the provisions of the Chapter for the purpose of the administration and enforcement of the provisions of this Chapter.” This function has historically been part of the duties of the Department of Finance’s Accounts Receivable Unit. To assist the City in the tracking and renewal of business licenses, HdL Software LLC has been retained since July 1, 2017.
In 2017, the City modernized its business license software to upgrade to HdL Prime to offer the following enhanced services: online applications, online business registry with a searchable listing of licensed businesses in the City, online customer profiles which allows an owner with multiple businesses, or an individual responsible for reporting for multiple businesses, to keep track of the license status of all businesses from a central profile, and submit renewals for those businesses through a single process and payment transaction, centralized inspection database for scheduling and tracking inspection results), and improved department approval process utilizing a new department central and automated email notifications.
The City’s business licenses track many data points, many of which also are used in the City’s Geographic Information System (GIS) database for a variety of uses by multiple departments. This information has been provided in a rudimentary fashion and the City is now able to upgrade that process.
Analysis:
On August 23, 2017, the City of Milpitas entered into an agreement with HdL Software LLC to provide upgraded business license software and services for the City of Milpitas. At the time, HdL was the current provider for business licenses software and changes to PCI requirements made upgrading the HdL’s Prime software a requirement. The agreement’s first amendment was entered into on January 16, 2018 to approve funding for two additional licenses and provide training for City staff. The second amendment was entered into on June 7, 2019 to make administrative changes to the compensation exhibit to clarify annual payments.
Moving forward this amendment will fund two needed service enhancements, as well as incorporate the annual Consumer Price Index (CPI) adjustment. The first enhancement is an upgrade that creates a nightly data file sent to the City’s information Technology Department for GIS location purposes. This process allows a visual assessment of active Business locations allowing citizens and city staff to make better real time decisions such as; Business Site Suitability, Environmental Inspections, Emergency Contacts and general map and overlay analysis requests. The second enhancement includes software configuration and report development necessary to incorporate the City’s Police Alarm Permit process.
42 Policy Alternatives:
Alternative 1: Do Not approve Amendment No. 3 to the Agreement with HdL Software LLC Pros: Potential cost savings by not authorizing the specified enhancements.
Cons: Staff would lose the benefit of the desired enhancements.
Reason not recommended: Authorizing this amendment will allow for visual assessment of active business locations for staff and residents, and streamline the City’s Police Alarm Permit process.
Fiscal Impact:
There are sufficient funds available in the FY 2021-2022 operating budget of the IT Department to cover the cost of the amendment. Funding for the remaining years of this contract will be subject to annual appropriations. 2017-2021 Initial Contract and Annual Renewal $88,096.24 2021/2022 Amendment No 3 $22,513.62
Total $110,609.86
California Environmental Quality Act:
By the definition provided in the CEQA Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Recommendation:
Approve and authorize the City Manager to execute Amendment No. 3 to the Agreement with HdL Software LLC for Business License Tracking Software services for a total amount not-to-exceed amount of $110,609.86 Attachments:
1. Amendment No. 3 to the Agreement with HdL Software LLC 43 Agreement for Hdl Services
City of Cuty of Milpitas August 23, 2017
AGREEMENT FOR BUSINESS LICENSE SOFTWARE AND SERVICES
Thus Agreement us made and entered mnto as of the2. day of blu? es 2017 (the "Agreement Date"), by and between the CITY OF MILPITAS, a mun1c1pal corporation hereinafter referred to as CITY, and HDL SOFTWARE LLC, a California limited liability company, hereinafter referred to as HDL WHEREAS, CITY desires to enforce ,ts business license ordinance to ensure that all persons and organizations doing business wrthin the City are licensed; and WHEREAS, HDL has the programs, equipment and personnel required to deliver the services referenced herein,
THEREFORE, 1t 1s agreed by CITY and HDL as follows
1. SCOPE OF SERVICES; STANDARD OF CARE; COMPLIANCE WITH LAWS Spec1f1c services to be performed by HDL are as described in Exhibit A. Includes scope, schedule, support, and system requirements
HDL's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordmanly exercised by members of the profession currently practicing under similar condrtions HDL shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including applicable laws protecting the privacy of personal information HDL warrants that the services and the software will materially conform to the spec1ficat1ons and documentation
2. COMPENSATION
City agrees to compensate HDL for services under this Agreement as described in Exhibit B
3. TERM OF AGREEMENT
The term of this Agreement shall commence on the Agreement Date and shall continue for five years unless earlier termination 1s requested The process for termination can be found in Exhibit C
4. GENERAL TERMS AND CONDITIONS
The General Terms and Cond1t1ons for this Agreement are as described in Exhibit C
5. NOTICE
All notices required by this Agreement shall be given to the City and to HDL in writing, by personal delivery or first class mail postage prepaid, addressed as follows· City
t)
HDL HdL SOFTWARE, LLC
160 Via Verde Drive, Suite 150
San Dimas, California 91773
Hdl Software, LLC 1
44 Agreement for HdL Servi ces
City of City of Milpitas August 23, 2017
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf
CITY OFMILPITAS
Svte- v . angehnan
Acting City Manager, City of Milpitas
HDL
Dee
Robert Gray
President, HdL Soft
HdL Software, LLC 2
45 Agreement for Hdl Services
City of City of MiJp1tas August 23, 2017
EXHIBIT A - SCOPE OF SERVICE
HdL Prime Business License Software System - General overview HdL's Prime Business License software 4
th generation licensing platform demonstrates our commitment to advancmng California business licensing, combining the latest technological advancements with best practices gleaned from years of serving in and prov1d1ng services to California local government Hdl Prime 1s built using the latest technologies HTMLS, JAVA, ASP NET, NET 4, WPF, WCF, C#, SQL Server, IIS Based on a fresh technology base, HdL Prime 1s ready to keep pace with the blistering speed of technology improvements In addrton to the hundreds of enhancements Included mn our in1t1al release of Hdl Prime, a small sample of recent enhancements include online appl1cat1ons, onhne business registry (searchable l1st1ng of licensed businesses in the Crty), onlmne customer profiles (allows an owner with multiple businesses, or an 1nd1v1dual responsible for reporting for multiple businesses, to keep track of the license status of all businesses from a central profile, and submit renewals for those businesses through a single process and payment transaction), inspection central (for scheduling and tracking inspection results), and improved department approval process using the new department central and automated email not1ficat1ons
1. Prime Software System
11 City Management Support - HdL will assist the City in evaluating current policies and procedures mn order to enhance operational efficiency This may include suggestions to redesign forms/reports, implement new processes, or adopt new strategies for mmproving communication with the business community and other City departments
12 Data Conversion - HdL will convert the Crty's existing data If Crty rs migrating from Hdl "Classic" Business License, Crty wrll provrde a current backup of the existing Microsoft Access or Microsoft SQL Server HdL database If City 1s converting from another vendor's software, the City agrees to provide its current data in ASCII delrm1ted file format, SQL Server backup, or another format agreed upon between HdL and the City, along with a file layout detailing the content of the file This data will be required a minimum of two times during the conversion process The City understands that the second (and any subsequent) data set must be provided in the same format and layout as the first data set Any incons1stenc1es between the first and second data sets will result in a delayed installation date and add1t1onal charges for conversion 1 3 Implementation
1 3 1 HdL's responsibilities
1 3 11 Project manager - HdL will provide a project manager (PM) to guide the software 1mplementat1on process The primary respons1b1lity for the Hdl PM 1s to ensure successful and timely completion of each step of the software 1mplementat1on schedule The HdL PM will work closely wrth the Crty's designated project manager to define the software implementation schedule, 1dent1fy City needs and configure the software accordingly, validate the data conversion, provide user training, and generally shepherd the City through the software 1mplementat1on process
1 3 1 2 IT support - HdL wll provide a dedicated IT staff member to provide IT support during the software implementation process Thus mndrvdual will provide the necessary instruction and assistance in order to install the software in the City's computing environment, and will provide any needed technical support
1 3 1 3 Training - HdL will provide software training as defined in the agreed upon software Implementation schedule Thus generally consists of two separate training sessions The srze and participants of each tramnmng session will be determined by the HdL PM and the Caty's designated project manager
1 3 1 4 User manual - HdL will provide access to a d1g1tal copy of the software user manual The City may use the manual as needed for internal use by City staff The user manual contains proprietary and confidential information, and as such 1s bound by the confidentiality portion of this agreement The user manual may not in any circumstances be distributed to any th; rd
Hdl Software, LLC 3
46 Agreement for Hdl Services
City of City of Milpitas August 23, 2017
party or any 1nd1v1dual that Is not a current City staff member responsible for using or mamntamnmng the software
1 3 2 City's responsibilities
1 3 2 1 Project manager - The City will designate a staff member to serve as the City's proJect manager (PM) Thus mndvidual must be intimately involved mn the daily business processes which the software will automate, and be empowered to make, or quickly secure from management, decisions required for the implementation of the software The primary responsibility for the Crty PM is to ensure that all Caty responsibilities during the software implementation are met according to the agreed upon software 1mplementat1on schedule The City PM will be instrumental in the successful 1mplementat1on of the software, working closely with the HdL PM to verify data conversion, review and approve reports, establish business rules, and configure all aspects of the software
1 3 2 2 IT support - The City will designate an IT staff member to work with HdL staff throughout the software 1mplementat1on process This 1nd1v1dual must be knowledgeable about the City's computing environment and be authorized to manage the SQL Server database and install and configure software on the network server and workstations The primary respons1bil1ty of the City's IT designee s to provide data to HdL for conversion (uf required), install the SQL Server database, and install the software in the City's computing environment 1 3 3 Schedule -- The default t1mel1ne for complete 1mplementat1on (including Go Live") of the software Is approximately sxty (60) days from the start of 1mplementat1on When the Agreement Is signed by all parties, HdL wll immediately work with the Carty to establish a specific implementation schedule 1 4 Payment Gateway - For online payment functionality HdL's solutions include built in payment gateway services supporting both credit card and eCheck transactions If a different payment gateway Is required, there will be a $5,000 00 development cost to establish the custom payment gateway integration Hdl Is responsible for maintaining PC! DSS compliance of the Payment Gateway Hdl shall manage all payment card (PCI) data securely and in compliance with current PCI DSS, the Agreement and all applicable laws 1 5 Maintenance and Support
1 5 1 Customer Support - HdL will provide customer support by telephone, email, and the web during the term of this Agreement In the United States, no charge support Is available as follows For customer support between the hours of 8 00 a m and 5 00 p m Pacific time, Monday through Friday, email support@hdlcompanies com or call the HdL offices at (909) 861-4335 and ask for software support For technical support before 8 00 a m or after 5 00 p m Pacific time, Monday hrough Friday (or anytime Saturday), email 9ll@hdlcompanies com and an HdL staff member will be paged Please only include your name, agency and contact 1nformat1on in emails to 911@hdlcompanes com You will be contacted as soon as possible 1 5 2 Support Policy Regarding Reports - HdL will assist with mod1ficat1ons to reports as needed during the term of this agreement Typical report mod1ficat1ons require seven (7) to ten {10) business days to complete Very complex reports or reports required in a very short time frame may incur development costs, in which case an estimate will be provided for written approval by the City before the work is begun
1 5 3 Software Upgrades - Except to the extent that upgrades of the software include new modules or features not previously offered as part of the software as of the date hereof, City Is entitled to upgrades of the software within the terms of this Agreement Though rare, add1t1onal costs may apply depending on the extent of the upgrade Potential add1t1onal costs include training, consulting, configuration, or other requested services
1 5 4 Outside Connections to Hdl Database - HdL programs rely on the integrity of the database to operate properly As such, It Is critical that any outside connection to the database be implemented with HdL's full knowledge and participation Only "read only" connections will be established to the HdL database No mod1ficat1ons will be made to the HdL database, including database/table design and data content Any repair work necessary due to violations of the above items will not be covered by the Software Use Fee, and as such will be billable to the client on a time and material basis The City shall contact HdL for instructions rf any added functionality is required, Including reading additional data or writing to the HdL database
HdL Software, LLC 4
47 Agreement for HdL Services
City of City of Milpitas August 23, 2017
16 System Requirements-These system requirements are only applicable 1fthe HdL system will be deployed directly on the City's equipment If the City opts to utilize HdL's hosting services, see the hosting services section for system requirements
1 6 1 On site deployment - The software and database will be installed on the City's network on hardware supplied by the Caty Any specifications provided below indicate minimum requirements lt is the City's respons1bil1ty to ensure that any hardware used to host the software/database or run the client application meets the specifications dictated by the operating system and any software/services hosted by the hardware For example, minimum operating system specrficatons will not be sufficient 1f the file server Is also hosting the City's email system.
1.6.1.1. Application Server Specifications - The appl1cat1on server will host the HdL Prime web service, which serves as the HdL Prime business layer The HdL Prime web service uses the Microsoft Windows Server with 115 platform The following versions are supported MS Windows Server 2008 or later, with 115 v7 0 or later The application server should have at least 200 megabytes of space available
1.6.1.2. Database Server Specifications - The database server will host all application data The database server should be dedicated to server related functions Using a client's PC as the database server in a multi-user environment Is not supported HdL Software systems use the Microsoft SQL Server database platform The following versions are supported MS SQL Server 2008 R2 or later (SQL Express variants also supported) Any server operating system supported by the selected version of SQL Server Is supported as a database server, provided It meets the hardware spec1ficat1ons indicated by both the operating system and the version of SQL Server The database server should have at least 50 gigabytes of space available to allow for the in1t1al database and growth
1 6 1 3 Workstation Specifications - The software will be run on the client workstation HdL Prime Is deployed to the workstation via a click once installer The Crystal Reports and NET 4 x runtImes will also need to be installed on the workstation The following hardware recommendations are based on user feedback regarding performance levels Intel Core 13 or equivalent CPU, 4+GB Memory, 1280x1024 screen resolution, MS Windows 7 /8/10 operating system 1 6 1 4 Network Specifications - The software communicates via web services, and is designed to operate efficiently over the network High-speed local area network connections are always helpful, but Prime will also run without difficulty over slower WAN connections such as Tl or mobile broadband
1 6 1 5 Printer Specifications - The software Is designed to work with laser printers A PCL compliant laser printer Is recommended Each make and model of printer has different drivers and therefore has slightly different results when printing We design forms/reports using HP LaserJet printers
2. Hosting Services - HdL's hosting services offload the maJority of IT concerns to HdL's hosting team, including system upgrades, hardware and software maintenance, database management, and disaster recovery The City will be responsible for mamntamnmng its workstations and a reliable internet connection HdL will handle the rest Website functionality will be hosted using a City specific sub-domain on HdL's special purpose hdlgov com domamn
2 1 System Requirements
211 Workstation Specifications - Workstations will access the software through a remote appl1cat1on session with HdL's hosting service All workstations require 4+GB Memory, 1280xl024 screen resolution, and Microsoft Windows 7/8/10 operating system 2 12 Network Specifications - HdL's hosted service requires reliable, high speed internet connectIvIty High-speed local area network connections are always helpful, but Prime will also run without difficulty over slower WAN connections such as Tl or mobile broadband 2 1 3 Printer Specifications - The software Is designed to work with laser printers A PCL compliant laser printer Is recommended Each make and model of printer has different drivers and therefore has slightly different results when printing We design forms/reports using HP LaserJet printers 22 Agency Data
221 Data Security - HdL will maintain safety and security procedures with respect to its access and maintenance of Agency Data, which provide reasonably appropriate technical and organizational HdL Software, LLC 5
48 Agreement for HdL Services
City of City of Milpitas August 23, 2017
safeguards against accidental or unlawful destruction, loss, alteration or unauthorized disclosure of or access to Agency Data All Agency Data will be stored in a physically and logically secure environment that protects rt from unauthorized access, mod1ficat1on, theft, misuse, and destruction lf a breach of security or confidentiality occurs, and rt requires notification to the Crty's users/customers under any privacy law, then the City shall have sole control over the t1m1ng, content, and method of such not1ficat1on If Hdl or its subcontractor/vendor 1s responsible for the breach, then Hdl shall reimburse the City for its reasonable costs mn provding the notification 2 2 2 Disaster Recovery
2 2 2 1 Agency Data Backups - HdL shall perform regular backups of Agency Data according to HdL's most recently published hosted environment backup policy As of the date of this Agreement the backup policy 1s as follows
2 2 2 11 Cloud System Backup - Hourly incremental backups, with a full backup nightly 2 2 2 1 2 Offsite Backup - Nightly full backups are copied each day from the cloud environment to HdL's offsrte backup
2 2 2 1 3 Retention Policy - Cloud system backups are retained for 30 days Offsrte backups are retained for 1 year
2 2 3 Data Access - Agency data 1s at all times owned by the City, and can be accessed by the City through HdL's built in data export capabilities
3. Payment Processing Services
3 1 Payment Processing - HdL shall provide its Services to support payments remitted to City HdL shall transmit transactions for authorization and settlement through HdL's certified payment processor Funds for transactions processed by HdL hereunder shall be submitted to City's designated bank account as follows (1) no more than two (2) business banking days after all Transactions {other than electronic Check Transactions) that are successfully processed prior to 5 00 p m Eastern time on each business banking day (eg,a Transaction authorized at 2 00 pm Eastern time on Monday will be submitted on Wednesday, a Transaction successfully processed at 8 00 p m Eastern time on Monday will be submitted on Thursday), and (u) no more than five (5) business banking days for all electronic Check Transactions that are successfully processed prior to 5 00 p m Eastern time on each business banking day HdL makes no representation or warranty as to when funds w,11 be made available by Client's bank 3 2 Support - HdL shall provide City with payment processing related customer service as needed City shall timely report any problems encountered with the service HdL shall promptly respond to each report problem based on ,ts seventy, the impact on City's operations and the effect on the service HdL shall either resolve the problem or provide City with the 1nformat1on needed to enable the City to resolve rt 3 3 Transaction Errors - HdL's sole respons1bil1ty for any Transaction error or reversed Transaction ,s to determine whether the result 1nd1cates a problem with Hdl's service and, ,f necessary, reprocess and resubmit the Transaction without add1t1onal charge In the event that a Transaction 1s reversed or refunded to any Customer of City, for any re?on, Hdl may offset such amount against funds remitted to City, or invoice Crty for such amount, at HdL's discretion City shall pay any such invoice within 30 days of receipt
3 4 Electronic Check Authorization - If City elects to accept electronic Checks as a form of payment, the following subsections apply For the purpose of this section, "checks" means checks drawn on accounts held in the U S {"Check{s)")
3 4 1 As part of the 1mplementat1on plan, City shall select nsk management controls governing Check acceptance and assumes sole responsbrlrty for the choice of controls 3 4 2 HdL shall provide confirmation on a submitted ABA number as part of the Service to assist Client with the dec1s1on whether to accept a Check and shall route accepted Checks 3 4 3 City hereby authorizes Hdl to debit the City's financial 1nst1tut1on account in the amount of any returned item that ,s received by HdL
3 5 City Responsibilities
351 Asa condition to its receipt of the Service, City shall execute and deliver any and all applications, agreements, cert1ficat1ons or other documents required by Networks or other third parties whose consent or approval 1s necessary for the processing of Transactions "Network" ,s an entity or association that operates, under a common service mark, a system which permits participants to HdL Software, LLC 6
49 Agreement for Hdl Services
City of City of Milpitas August 23, 2017
authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc, NYCE Corporation, American Express, and Discover 3 5 2 City and Hdl each represents, warrants, and agrees that 1t does and will comply with applicable Laws and regulations and Network rules, regulations or operating gu1del1nes Each party shall notify the other mn writing as soon as possible mn the event a claim is ether threatened or filed against City by any governmental organization having jurisdiction over Crty or a Customer related to the Service Each party shall also notify the other party in writing as soon as possible in the event a clamm 1s either threatened or filed against City or Hdl in connection with this Agreement relating to Transactions or the Services or a fine or other penalty 1s assessed or threatened relating to Transactions or the Services
3 5 3 City and Hdl each represents, warrants and agrees that rt is and will continue to be mn full compliance with all applicable requirements of the Client Information Security Program of VISA, the Site Data Protection Program of MasterCard, and s1m1lar programs of other Networks, and any mod1ficat1ons to such programs that may occur from time to time Each party shall upon request provide the other party with documentation reasonably satisfactory to the requesting party verifying compliance with this Section
3 5 4 City hereby grants HdL the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report City represents and warrants that 1t has the full right and authority to grant these rights
3 6 Fees
3 6 1 If a convenience fee will be charged, the City authorizes Hdl to collect each convenience fee 3 6 2 The fees set forth mn Exhbrt B Payment Schedule do not include expenses, late fees or charges, or taxes, all of which shall be the responsibility of Crty In addition to the charges specified mn Exhibit B Payment Schedule, City shall be responsible for (a) all interchange and network provider fees, (b) all dues, fees, fines and assessments established and owed by City to Visa and/or Mastercard, (c) for all costs and fees associated with changes to ATM protocol caused by City's conversion to the Services, and (d) any increase in postage charges, provided that any increase in charges resulting from (a) through (d) shall not exceed the actual increase incurred by HdL Except Hdl shall pay any fines, fees, assessments, penalties or other charges imposed on the City caused by Hdl's failure (or its vendor/subcontractor's failure) to comply with PCI DSS, applicable laws and/or Network rules 363 HdL reserves the right to revew and adjust all Caty and convenience fee pricing on an annual bas1s in June This adjustment may be consistent with the then most recent EC! adjustment or three percent (3%) whichever 1s greater Items that will be considered in the review of fees may include, but are not limited to regulatory changes, card assoc1at1on rate adjustments, card assoc1at1on category changes, bank/processor dues and assessments, average consumer payment amounts, and card type utilization
3 6 4 City agrees to maintain a depository account with a financial 1nst1tut1on reasonably acceptable to HdL for the payment of amounts payable hereunder, and hereby authorizes HdL to mnrtrate debrt entries to such account for the payment of amounts payable hereunder City agrees to provide HdL with any and all information necessary for HdL to initiate such debit entries via the Automated Clearing House (ACH) system For any amount that is not paid w1th1n thirty (30) days after its due date, City shall pay a late fee equal to the lesser of one and one-half percent (1%) per month of the unpaid amount or the maximum interest rate allowed by law HdL Software, LLC 7
50 Agreement for Hdl Services
Ctty of Ctty of Mlprtas August 23, 2017
EXHIBIT B - COMPENSATION
1. Prime Software System
One Time Project Costs
Included Must use HdL supported gateway, FIS
Global (no charge) Non-supported
gateways require a customzmng charge of
$5,000 00
$3,000 00 Basic Finance File Transfer - Statement of
Work required
ssoo )
$3,000 00 Configuration, Implementation, 1 Report
$3,000 00 Pending Specification Discuss1on
Included ProJect management, 1nstallat1on,
configuration, report design, train ng, etc
Included Up to 30 hours of data conversion work
At Cost At Cost
Included Included Add1t1onal days available at
$2,000 00/day
$19,500 00 Total one-time costs
Recurring Costs
Due at "Go Live" of core Prime System
Renewed annually + CPI
11 Software License Fee - The license fee includes the use of the software by the specified number of users, software user manual In d1g1tal format, and all standard forms and reports Addrtional user licenses are available for $2,000 license fee plus $600 annual software use fee 1 2 Annual Software Use Fee - The software use fee Is billed annually, and provides for ongoing customer support and updates to the software The software use fee shall be adjusted at the beginning of each calendar year by the change in the Consumer Price Index - West Urban (CPI-WU) as reported by the Bureau of Labor Statistics Each CPI adjustment will not be less than two percent (2%) or greater than Ten percent (10%)
1 3 Implementation - The 1mplementat1on fee covers all efforts involved for installation and configuration of the software This includes one session of pre-installation and process evaluation, one session of "go live" training, installation support, design and programming of standard forms and reports, and configuration of the software
1 4 Data Conversion - Data will be converted from the City provided source files Includes one (1) conversion when mgrating from an HdL system, and two (2) conversions when migrating from another vendor's system Add1t1onal conversions of the same source data can be performed, upon request, at a HdL Software, LLC 8
51 Agreement for HdL Services
City of City of Mlprtas August 23, 2017
cost of $500 per conversion The source files must be provided in the same format for all conversions, otherwise custom programming costs will apply in order to accommodate the varying data formats Data conversion includes up to thirty (30) hours of developer time Any work above thirty (30) hours will be charged at the current developer hourly rate
1 5 Travel Expenses - Travel and lodging expenses are billed at cost and apply to all meetings, including process, pre-installation, Installation, training, and support HdL Is dedicated to conserving pubhc funds, and ensures any travel costs are indeed required and reasonable 1 6 Parcel Data - Hdl Prime includes comprehensive land management funct1onal1ty There are three ways to acquire the parcel data
1 6 1 If the City 1s a client for Hdl property tax services, the parcel data will be provided at no cost 1 6 2 If the City 1s not a client for Hdl property tax services, the parcel data may be purchased from HdL
1 6 3 If the City wishes to use any other source of parcel data, HdL can work with the City to create a re-useable import utlrty The development of thus utility will be billed on a time and material basis Once the source data has been reviewed, a statement of work will be provided including a cost estimate
1 7 Customizing Services - The software ts a table-driven system and has been developed to meet almost all of the needs of a City However, should the need occur, Hdl 1s available to provide custom enhancements to the software on a pre-determined time and material basis No work shall be performed without prior written approval of the City project manager 1 8 Payment Schedule - Compensation for the contract amount shall be as follows 1 8 1 One time project costs and the first year Software Use Fee Sixty percent (60%) shall be due and payable within thirty (30) days of the effective date of the Agreement Thirty percent (30%) within sxty (60) days of the effective date of the Agreement Ten percent (10%) w1th1n thirty (30) days of full system delivery or first production use of the system, whichever comes first 1 8 2 Travel Expenses Travel and lodging expenses are billed at cost as they are incurred Travel expenses shall be due and payable within thirty (30) days of the billing date 1 8 3 Annual Software Use Fee The software use fee will be 1nvo1ced each year on the anniversary of sxty (60) days after the effective date of the Agreement, and shall be due and payable within thirty (30) days of the invoice date The software use fee billing cycle can be prorated as needed should the Crty desire an alternative billing cycle
2. Hosting Services - hosting services are billed quarterly in advance Includes software and data hosting and disaster recovery services Hosting fee may be revised with three (3) months advance notice to account for changes mn market costs related to hosting, such as internet bandwidth, power, and related equipment or service costs The base fee provides for three (3) named user connections to the system $250 00/month
$15 00/month/user
3. Payment Processing Services - HdL will provide City with eCheck, credit and debit card payment processing (merchant) services under an Agency Funded Interchange Pass-through pricing model HdL reserves the rght to not accept any payment type mn situations where domg so may be mn volation of the rules and regulations governing that payment type
2 9% +$0 30 per transaction
$0 50 per transaction
Waved
$30 00 per month
$10 00 per event
$25 00 per event
HdL Software, LLC 9
52 Agreement for Hdl Services
Ctty of City of Mtlpttas August 23, 2017
4. Payment
HdL will provide detailed invoices for all work completed City will submit payment to Hdl w1th1n thirty (30) days of recervmng the invoice Provided Crty continues to timely make all undisputed payments, Hdl warrants that during the Term of this Agreement 1t will not withhold services provided hereunder, for any reason, including but not limited to a dispute between the parties arising under this Agreement, except as may be specifically authorized herein
Hdl Software, LLC 10
53 Agreement for HdL Services
City of City of Milpitas August 23, 2017
EXHIBITC
GENERAL TERMS AND CONDITIONS
1 OWNERSHIP OF MATERIALS, AGENCY DATA; CONFIDENTIALITY. 11 Software License HdL hereby provides a license to the City to use HdL's software while the associated service 1s in effect through this Agreement The software shall only be used by the City The City shall not sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software The license granted hereunder shall not imply ownership by City of said software, rights of the City to sell said software, or rights to use said software for the benefits of others This license 1s not transferable City shall not create any derivative work or product based on or derived from the Software or documentation, or modify the Software or documentation without the prior wrtten consent of HdL In the event of a breach of thus provision (And without lim ting HdL's remedies), said mod1ficat1on, derivative work or product based on the Software or documentation 1s hereby deemed assigned to HdL Upon termination, the software license shall expire, all copies of the software shall be removed from the City's computers and network and all d1g1tal copies deleted or otherwise destroyed
1.2. Agency Data HdL acknowledges that the data provided by the City ("Agency Data") durng the course of this Agreement is the property of the City City authorizes HdL to access, import, process and generate reports from the Agency Data wnth ts various proprietary systems No confidential or otherwise sensitive information will be released At the termination of this Agreement the Agency Data shall be made available or returned to the City m a format acceptable to both the City and HdL Hdl shall maintain the confidentiality of the Agency Data and shall not use Agency Data except to perform the services under this Agreement HdL shall collect, process, store, and transfer PersonallyIdentifiable Information ("PII") only 1n a manner that 1s consistent with applicable federal, state and local laws including, but not l1m1ted to, privacy laws applicable to PII Any right of HdL to use the Agency Data as provided herein shall terminate upon termination of this Agreement and Hdl shall destroy all copies of Agency Data HdL's obligation to hold Agency Data confidential shall survive term1nat1on of this Agreement No Agency Data shall be exported to foreign counties, and the data center (including the hosted software, infrastructure and data) will be located and the services shall be performed 1n the United States, and no Agency Data shall be made available to those located outside the United States 1 3 Subcontractors If Hdl utilizes a third-party subcontractor or other vendor to provide the services under this Agreement, Hdl shall ensure that such subcontractor(s) or vendor(s) complies with the terms of this Agreement, and shall be Jointly and severally liable with the subcontractor/vendor for any breach by the subcontractor/vendor 1 4 Hdl Proprietary Information. As used herein, the term "proprietary 1nformat1on" means any information which relates to Hdl's software systems, audit processes or related services, techniques, or general business processes City shall hold mn confidence and shall not disclose to any other party any Hdl proprietary 1nformat1on m connection with this Agreement, or otherwise learned or obtained from the Hdl m connection with this Agreement The obligations mmposed by thus Paragraph shall survive any expiration or termination of thus Agreement The terms of thus section shall not apply to any information that is public 1nformat1on In add1t1on, Hdl expressly understands that City 1s a public agency subJect to the California Public Records Act (Cal Government Code § 6250 et seq ) In the event that City receives a public records request seeking the disclosure of 1nformat1on that Hdl has designated as its "proprietary 1nformat1on", City shall notify Hdl, and Hdl shall be allowed to take any reasonable action to preserve the confidentiality of such information Caty's obligation pursuant to thus section shall only extend to notifying Hdl of the request, and City shall have no obligation to preserve the confidentialrty unless doing so 1s 1n full compliance with the law
2 OPTIONAL SERVICES. Optional services beyond the scope of this Agreement are available at HdL's hourly rates mn effect at the time service rs requested HdL will provide Caty a Statement of Work specifying the scope, timeline, and cost for the requested service Depending on the personnel assigned to perform the work, HdL's standard hourly rates range between $75 00 and $275 00 per hour No optional services shall be performed or compensated unless authorized m writing by City in advance
3 MISCELLANEOUS EXPENSES. HdL will notify the City of any miscellaneous expenses and request authorization to proceed HdL will not be reimbursed for any miscellaneous expenses unless authorized by the City Miscellaneous expenses may include travel, lodging and meal expenses, and other expenses which are above and beyond the ordinary expenses associated with performance of this Agreement
4 PRICING ADJUSTMENTS. All pricing listed mn thus Agreement will be honored during in tial implementation of the services Any additional/optional services needed after services are active will be provided using the pricing currently established at the time the service Is requested
5 LICENSE, PERMITS, FEES AND ASSESSMENTS. HdL shall obtain such licenses, permits, and approvals (collectively the "Permits") as may be required by law for the performance of the services required by this Agreement City shall provide Hdl Software, LLC 11
54 Agreement for Hdl Services
Crty of Crty of Mlprtas August 23, 2017
reasonable assistance to Hdl ,n obtaining such Permits required by the City If City requires payment for such Permits, the associated costs w,11 be included with the next invoice 6 INSURANCE REQUIREMENTS. HdL shall maintain the policies set out below, and in amounts of coverage not less than those md,cated herein and as further specified m Exh1b1t D, attached hereto and incorporated herem by this reference Add1t1onally, where required by City, Hdl shall name the City as an add1t1onal insured and provide a Certificate of Insurance 6 1 Worker's Compensation and Employer's L1ab11ity - In accordance with applicable law 6 2 Comprehensive General Liability - Bodily injury liability m the amount of $1,000,000 for each person in any one accident, and $1,000,000 for injuries sustained by two or more persons m any one accident Property damage liability ,n the amount of $1,000,000 for each accident, and $2,000,000 aggregate for each year of the policy period 63 Comprehensive Automobile Liability - Bodily mnjury liability coverage of $1,000,000 for each accident 6 4 Errors and Omissions - In addition to any other insurance required by thus Agreement, HdL shall provide and mamntamn, during the term of this Agreement, professional liability insurance in the amount of $1,000,000 as evidenced by a Certificate of Insurance
7 TERMINATION. This Agreement, or mndrvdual services provided by this Agreement, may be terminated as follows 7 1 Software -- Software services may be terminated by either party upon written notice at least ninety (90) days prior to the end of the established annual billing cycle Software services are provided on an annual basis No credit w,11 be provided for any unused portion of the annual term, except in the case of a termInat1on by City for breach by Hdl Upon termInat1on, the software license shall expire and (a) City will 1mmed1ately remove the software from computers, servers and network, and destroy or erase all copies of the software and any Proprietary Information and confirm destruction of same by signing and returning to HdL an "Affidavit of Destruction" acceptable to HdL, and (b) upon City's request, HdL will assist, at no cost to the City, in extracting the City data in a format acceptable to both the City and HdL Hdl shall not withhold or refuse the return of City data for any reason 72 Services - Caty may discontinue a service by sending a letter of intent to HdL at least ninety (90) days pror to desired last date of service
73 Caty Termination for Breach Caty may immediately terminate the Software and/or the services, and shall recerve a credit for any unused portion of the annual term of the Software, 1f the foregoing do not conform to the terms of this Agreement or in the case of breach by HdL, which breach 1s not cured mn a reasonable time not to exceed thirty (30) days following written notice from Caty
7 4 Non-Appropriation City's funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and ,s subject to annual appropriations Hdl acknowledges that the City is a municipal corporation and 1s precluded by the California Constitution and other laws from entering into obligations that financial y bmnd future governing bodies Nothing mn this Agreement shall constitute an obligation of future governing bodies to appropriate funds for the purposes of this Agreement The parties agree that the Term 1s contingent upon the appropriation of funds by the City This Agreement will terminate 1mmed1ately 1f funds necessary to continue the Agreement are not appropriated City shall pay Hdl for any services performed mn accordance with this Agreement up to the date of termination 8 INDEPENDENT CONTRACTOR. HdL shal perform the services hereunder as an independent contractor No agent, representative or employee of HdL shall be considered an employee of the City 9 NON-ASSIGNMENT. This Agreement 1s not assignable either in whole or m part by HdL or the City without the written consent of the other party
10 GOVERNING LAW. The laws of the State of California shall govern the rights, obligations, duties and liabi11t1es of the parties to this Agreement and shall also govern the InterpretatIon of this Agreement Venue shall be mn Santa Clara County, California
11 INDEMNIFICATION. HdL shall indemnify and hold harmless City and its officers, officials and employees ("Indemnified Parties") from any liability for damage or claims for personal injury, including death, as well as from claims for breach of confidentiality or property damage, including attorney fees, which may arise out of the performance of the work described herein, caused mn whole or ,n part by any negligent act or omIss1on of Hdl, its officers, agents and employees under this Agreement
12 NON-INFRINGEMENT WARRANTY; INFRINGEMENT INDEMNIFICATION Hdl warrants that the software licensed hereunder does not infringe on any existing property rights of any third party If a third party claims that the software does so infringe, Hdl shall secure for the City the right to continue use of the software, or modify the software so that ,t 1s non-infringing Without limiting the generality of Section 11, HdL shall mndemnfy, defend and hold harmless the Indemnified Parties against any and al clamms and damages (including costs) ansmng out of any legal action al eging that the normal operation, possession or use of the software by the City infringes the patent, copyright, registered design, trademark rights or moral rights of said third party
13 PC! DSS WARRANTY AND INDEMNIFICATION HdL warrants that the Software and/or Payment Processing Services meet PA-DSS (Payment Application Data Security Standard) requirements, and that HdL will deploy and maintain the Software and Payment Processing Services according to PCI DSS (Payment Card Industry Data Security Standard) requirements Without limiting the generality of Section 11, HdL agrees to indemnify, defend and hold the Indemnified Parties harmless from any claims, damages, causes of action, costs and expenses arising out of or related to any breach of the warranty set Hdl Software, LLC 12
55 Agreement for HdL Services
City of City of Milpitas August 23, 2017
forth mn thus paragraph In the event that security vulnerabilities are 1dent1fied on Hdl's software or system, HdL will mmmediately notify Caty and will promptly provide instructions and take all actions necessary to mitigate the risk of that vulnerability being explrnted, including prov1d1ng a security update or patch release HdL Software, LLC 13
56 EXHIBIT D - INSURANCE REQUIREMENTS - GENERAL
Definition:
For purposes of this contract, the following definition applies: City of Milpitas includes the duly elected or appointed officers, agents, employees and volunteers of the City of Milpitas, individually or collectively.
Insurance Required:
No work shall be done under this Contract unless there is in effect insurance required by the Contract and under this section, and such insurance has been approved by the City. nor shall the Contractor allow any subcontractor to commence work on their subcontract until all insurance required of the subcontractor has been so obtained and approved. The Contractor shall maintain or cause to be maintained adequate workers' compensation insurance as required under the laws of the State of California, for all labor employed by the Contractor or by any subcontractor under the Contractor who may come within the protection of such worker's compensation laws of the State of California and shall provide or cause to be provided employer's liability insurance for the benefit of the Contractor's employees.
Minimum Scope of Insurance: (Check Mark Indicates Required) Coverage must be at least as broad as
(X) Insurance Services Office Commercial General Liability coverage ( occurrence Form CG000l).
( ) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).
(X) Workers' Compensaton insurance as required by the State of California and Employer's Liability Insurance.
(X) Professional Liability or Errors & Omissions Liability insurance appropriate to the contractor's profess1on.
() Architects' and Engineers' coverage 1s to be endorsed to Include contractual habl1ty.
Minimum Limits of Insurance:
Contractor must maintain limits no less than:
1. General Liability:
(Including operations.
products and completed
operations,
applicable.)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general as aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 57 3. Workers' Compensation
Employer's Liablity:
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $1,000,000 each occurrence Errors & Omissions $1,000,000 policy aggregate
Liability:
Deductibles and Self-Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Other Insurance Provisions:
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Milpitas, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's msurance (at least as broad as ISO Form CG 20 10 11 85), or as a separate owner's policy. General Liability endorsements for "Scheduled Person or Organization" and "Complete Operations" are required
2. For any claims related to thus project, the Contractor's mnsurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contrbute with 1t.
3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from work performed by the Named Insured for the City. This prov1s1on also apples to the Contractor's Workers" Compensation polcy.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' pnor wntten notice (10 days for non-payment) by certified mail, return receipt requested, has been given to the City. If Contractor's msurer refuses to provide this endorsement, Contractor shall be responsible for providing written notice to the City that coverage will be canceled thirty (30) days after the date of the notice or ten (10) days for non-payment.
Acceptability of Insurers:
58 Insurance is to be placed with licensed insurers admitted to transact business in the State of Cahfomia with a current A.M. Best's rating of no less than A-VIL If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A-X. Exception may be made for the State Compensation Fund when not specifically rated.
Verification of Coverage:
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete. certified copies of all required insurance policies. including endorsements evidencing the coverage required by these specifications.
The Certificate with endorsements and notices shall be mailed to:
City of Milpitas
Attention: Purchasing Division
455 E. Calaveras Boulevard
Milpitas, California 95035-5411
Subcontractors:
Contractors must include all sub-contractors as insureds under its policies or furnish separate certificates and endorsements for each sub-contractor. All coverage for sub-contractors are subject to all of the requirements included in these specifications.
Absence of Insurance:
If the Contractor allows the insurance to lapse, be cancelled, or be reduced below the limits specified in this article, the Contractor shall cause all work in the Project to cease and any delays or expenses caused due to stopping of work and change of insurance shall be considered Contractor's delay and shall not be considered to increase cost to the City or increase time in which the Project shall be completed.
Contractor agrees that if it does not keep the aforesaid insurance in full force and effect. City may immediately terminate this Agreement
59 CITY OF MILPITAS
SOLE SOURCE/BRAND REQUEST
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PROCUREMENT When a request is made for a non-competitive procurement and the specification limits the bidding to one source and/or one brand or trade name, the requesting department must complete the following. Please answer in the space provided, or in an attachment address by specific reference, each question listed below (1-5) in your justification. Be sure to answer each part of each question. Failure to respond fully to any of the questions could result in delay or rejection of your request due to inadequate justification.
1. Using appropriate detail, including brand name and model number, briefly describe the product you wish to procure. In the case of a service use enough detail to clearly describe to someone not familiar with the process what you are procuring.
HdL currently provides the City of Milpitas with its HdL Classic software for business license processing and payments. Due to current PCI requirements for online payments, migration to the HdL Prime system is required.
2. Please check one: Cost: $21,441 51
a) _X SOLE SOURCE: Item is available from one source only.
If it is your assertion that the manufacturer or distributor is the only authorized source in the Bay Area, Northern California; or whatever the claim is, please substantiate that with a letter from the manufacturer or distributor. The letter must be on their stationary, but can be sent via email. Attach a copy to this form. ) SOLE BRAND: Various sources can supply the specified model and brand; competitive bids will be solicited for the requested brand only. Meets form, fit and function - nothing else will do.
c) STANDARDIZATION REQUEST: The Department requires the item to standardize parts, design, quality etc. (This requires further discussion with the Purchasing Agent.)
3. What are the unique performance features of the product/brand requested that are not available in any other product/brand? (For services: What unique qualifications, rights, degrees, certifications, licenses and/or experience does this vendor possess?) HdL currently provides our HdL Classic business licensing software. If we do not migrate to HdL Prime by September 1, we will not be able to take online payments for business licensing anymore. There are other business license software manufacturers in the field, COM 04/08/08
60 $s -.'
but HdL is a leader in that field and we have been'very satisfied with their services. In addition, conversion to another vendor would be a very time intensive and costly process.
Given the September 1 deadline to convert, we do not have sufficient time to use another vendor or undergo an RFP process.
4. What other products/services have been examined and rejected, and why? (Please provide a specific meaningful explanation, one vendor and one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, and telephone number of the company representative who's product you tested.)
There are again other vendors in this field such as MuniServices, full fledged ERP solutions, etc, but none could be installed in the tight timeframe needed.
5. If justification is based on matching and/or intermixing with existing equipment (refer to2.c.), list the quantity, manufacturer, brand, and model of the existing equipment, and why the matching is required not simply preferred.
NIA
I HEREBY CERTIFY THAT:
1. I am an approved department representative, and am aware of the City's requirements for competitive bidding, as well as the criteria for justification for sole source/brand procurements.
2. I have gathered the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.
3. There is validity as to the information contained herein justifying my request for sole source/brand procurement and meeting the City's criteria.
4. A sole source/brand procurement in this case would withstand a possible audit or a vendor's protest.
REQUESTOR
DEPT./DIV. HEAD: 12~
PURCHASING DIVISION USE ONL ./)
APPROVED: lfA_
NOT APPRovf$. -----
DATE: / /
Are687
PURCHASING AGENT:
ATE: 6 Hf
COMMENTS:
COM 04/08/08 61
COMPANIES
Delrverng Revenue, 1340 Valley Vista Drive
Insight and Efficiency Suite 200
To Local Government Diamond Bar, CA 91765
Fax 909.861.7726
888.861.0220
www.hdlcompanies.com
July 13, 2017
Mr Christopher Schroeder C P.M , AP P.
City of Milpitas
Purchasing Agent
455 E Calaveras Blvd
Milpitas, CA 95035-5411
Re Hdl Pnme Business License Software System with Web Module Dear Christopher,
This letter serves as a sole source document for products developed by HdL Software, LLC HdL Prime Business License Software with Web Module was developed by HdL Software, LLC and are distributed solely by Hdl Software, LLC No other vendor develops and d1stnbutes the HdL Prme Business License Software System with Web Module Please call or email 1f I be be of further asstsantce.
Best regards,
- ,7tulll
George Bonnin
Sales and Marketing Manager
gbonrnn@hdlcomparnes com
62 63
64 65
66 67
68 69
AMENDMENT NO. 2 TO THE AGREEMENT
WITH
HDL SOFTWARE, LLC
FOR
BUSINESS LICENSE SOFTWARE
This Am endment No. 2 is entered into this jf t J4kg _, 2019, by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "City") and HdL Software, LLC, a California limited liability company (hereafter referred to as "HdL"). City and HdL are jointly referred to hereinafter as the "Parties." RECITALS:
WHEREAS, on August 23, 2017, the Parties entered into a five-year agreement for Prime Business License software (4" generation) licensing platform (hereinafter the "Master Agreement") to process business license fees for the City on an annual basis; and WHEREAS, the first year costs for the Software include a One-Time Project Cost, Annual Software Use Fee, Two PCI Compliance Gateways, Payment Processing Services Fees, and Hosting Services, which were correctly calculated pursuant to the Master Agreement as $25,088.08 including a credit of $12,185.17 for HdL "Classic" Software which the City used prior to this conversion to the cloud-based 4" generation, all as shown in TABLE 1 below; and
TABLE 1
Original Master Agreement Amount
One-lime Project Cost $ 19,500.00
Annual Software Use Fee $ 13,159.98
2-PCI Compliance Gateways $ 1,250.00
Payment Processing Services $ 363.27
Hosting Services Per Year $ 3,000.00
Sub-Total $ 37,273.25
Credit for HdL "Classic" Software $ (12,185.17)
TOTAL $ 25,088.08
·%#
· wd twalga
WHEREAS, on January 16, 2018, the Parties entered into Amendment No. 1 to the Master Agreement, which incorrectly increased costs by $11,800.00 for two (2) additional user licenses, software use fees and hosting services, and to pay for travel expenses relating to a training session held on October 4, 2017 as the Parties did not prorate the amount for the remaining six months of Year One. The correct amount of the increase should have been $5,396.63, which would have made the correct new increased total amount for Year One $30,484.71 as shown in TABLE 2 below; and
Page1 of3
70 TABLE2
Amendment No. 1
2Additional User License Fees $ 4,000.00
Annual Software Use Fee $ 600.00
Hosting Services Per Year $ 180.00
Travel Expense for Training $ 616.63
I
-
TOTAL $ 5,396.63 No - -------·-- -· ·-·- .
I original Master Agreement Amount $ 25,088.08
[Amendment No. 1Amount $ 5,396.63
I NEW YEAR ONE TOTAL $ 30,484.71
-
WHEREAS, the City processed Purchase Order No. FY17316 for the total costs of Year One of the Hdl Master Agreement and Amendment No. 1 in the incorrect amount of $30,155.44, which was $329.27 short, resulting in an underpayment to HdL. HdL has agreed to waive this underpayment and zero out the City's account balance for Year One; and
WHEREAS, on April 1, 2018, the monthly Payment Processing Services fee was administratively increased by $1.09. This addition brought the total monthly Payment Processing Services fee to $31.09; and
WHEREAS, on August 1, 2018, a Remote User Access License was administratively added to the monthly Hosting fees for an additional $15.00. This addition brought the total monthly Hosting fee to $295.00; and
WHEREAS, on June 21, 2018, the City executed a "Notice of Exercise of Option to Extend Agreement" for Year Two, as set forth in Exhibit C-1 attached hereto and incorporated herein by reference, in the incorrect amount of $15,707.37. The City incorrectly executed the option to extend, as the term of the Master Agreement is five years unless earlier termination is requested. Nevertheless, the correct amount for Year Two should have been $18,735.45 on the Notice of Exercise of Option to Extend Agreement; and WHEREAS, the Parties now desire to amend the Master Agreement in order to clarify the correct first year costs calculated pursuant to the Master Agreement and Amendment No. 1, and make administrative changes to fees set forth in Exhibit B-1 to Amendment No. 1 to the Master Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. The Year One total expense is corrected from Thirty Thousand One Hundred Fifty Five Dollars and Forty Four Cents ($30,155.44) to Thirty Thousand Four Hundred Eighty Four Dollars and Seventy One Cents ($30,484.71}. The City accepts HdL's waiver of the City's underpayment of Three Hundred Twenty Nine Dollars and Twenty Seven Cents ($329.27) for Year One.
2. The correct amount of charges for Year One of Thirty Thousand Four Hundred Eighty Four Dollars and Seventy One Cents ($30,484.71} and Year Two Eighteen Thousand Seven Hundred Thirty Five Dollars and Forty Five Cents ($18,735.45) are now correctly stated in Exhibit B-3, "Compensation," a copy of which is attached hereto and incorporated herein by reference.
71 3. All other provisions of the Agreement not amended by this Amendment No. 2 shall remain in full force and effect.
APPROVED BY:
Senior Accountant
City of Milpitas
A municipal corporation
,'
C(VUA, Jd
Chris Schroeder, Purchasing Agent
ity Attorney
A ~~. ntent_
.. a -
.A )
Walter C. Rossmann
Director of Financial Services
HdL Software, LLC
A California limited liability company
/?Jt}L/'
Signature -r--
Robert Gray
Printed Name
President
Title
6-5-207
Date
72 Hdl? Companies
City of Milpitas
455 E Calaveras Blvd
Milpitas, CA 95035
To whom it may concern:
The City has requested a current pricing grid depicting costs for years 1 and 2, and estimated costs for years 3 through 5 of the City's Agreement with HdL Software for Business License Software, dated August 23, 2017, and incorporating all subsequent service amendments as requested by the City. The requested pricing grid is included with this letter.
Sincerely,
Pres> ident
HdL Software LLC
er"a.g-.mg@ego-met- ," •- poospane. eg 9heat#
- 120 5. State \\.Soflege Blva. · , "--;z
:zru~.8½9,5000 l hd!Gompanies.com I Suite 200 , ,
· , · Brea, Cf/A 9282[ - " ::
• a #
73 Hdl? Companies
EXHIBIT B-3
COMPENSATION -YEAR 1
it.u?-itiitt..a.. .he ,f
.assermrr#allitti. tr
One-Time Project Cost
Annual Software Use Fee
PCI Compliance Charge (1 each)
Payment Processing Services
Hosting Services
iif.'r is
Hosting Services
Annual Software Use Fee
Travel Expenses
License Fee - 2 Additional Users
Mi 9z$ ° its
One-Time $ 19,500.00
One-Time $ 13,159.98
One-Time $ 500.00
Per Month $ 30.00
Per Month $ 250.00
,._
Per Month
One-Time
One-Time
One-Time
$
$
$
$
30.00 600.00
616.63
4,000.00
tiott
7/1/2017
7/1/2017
7/1/2017
7/1/2017
7/1/2017
1/1/2018
1/1/2018
1/1/2018
1/1/2018
PCI Compliance Charge (1 additional) One-Time $ 750.00
Payment Processing Services Per Month $ 1.09 --:..-----~- TOTAL $ 42,669.88
Less Credit for HDL "classic"
toot
$ (12,185.17)
$ 30,484.71
COMPENSATION -YEAR 2
Annual Software Use Fee
(+ Actual CPI of 3.22%)
Payment Processing Services
Hosting & Remote User Access Services
ii is o iall • tr.
One-Time $ 14,822.37
Per Month $ 31.09
Per Month __;, $ 295.00 _;:_,_
TOTAL $ 18,735.45
4/1/2018
4/1/2018
Jata
7/1/2018
7/1/2018
7/1/2018
"pg,eg#. BE8 Si-9490$02eh, e,moose • » • woos 9 woe + #ge 9 $3# pa$%2¢ # --,> - 120 S. State college Blvd; "
. %14-.8%9.5000 I ntilcomi:ian1es.com I Suite 200 -
-· , Brea, CA 92821
es #, # % « # es
74 Hdl? Companies
EXHIBIT B-3 Continued
COMPENSATION -YEAR 3
•.as.a ii
Annual Software Use Fee
(CPIAverage at 3%) 15,267.04
Payment Processing Services Per Month $ 373.08
Hosting & Remote User Access Services Per Month $ 3,540.00 --'-----'----- TOTAL $ 19,180.12
One-Time $ 7/1/2019
7/1/2019
7/1/2019
COMPENSATION -YEAR 4
e as> stil a- . tyew s· .%is i3eaggwserene .--
Annual Software Use Fee
(CPIAverage at 3%)
Payment Processing Services
Hosting & Remote User Access Services
One-Time $
Per Month $
Per Month $
TOTAL $
a tan
15,725.05
373.08
3,540.00
7/1/2019
7/1/2019
7/1/2019
19,638.13
•• vault @ti teit.tts.,
Annual Software Use Fee
(CPIAverage at 3%)
Payment Processing Services
COMPENSATION - YEAR 5
a# @ t as;$? sh s +at.. +ts
One-Time $ 16,196.80 7/1/2019
Per Month $ 373.08 7/1/2019
Hosting & Remote User Access Services Per Month $ 3,540.00 7/1/2019 TOTAL $ 20,109.88
so,f e «so» % as » - wee « %ass.agog tee ig»
- 120 S. State <2:ollege Blva: . ' ',
714.8'79.5000 I hl:llcompanies.com I Suite 200
Brea, CA92821
75 REQUEST FOR SIGNATURES COVER SHEET
Date sent to: co ,[5 [q France Dr ao loll g
Approvals
Walter R
DH'name
j
From (Staff Name)/Ext/Dept. Maltun Garcia/Finance/3164
ref@ cy At5ry (in.at» Finance Director (mnital)
Julie Edmonds-Mares
City Manager {initial)
Date from CMO to staff
---------- V
Contractor/ Vendor Name HdL Software LC ----------------------------------- What is the contract for? Amendment No 2- Correcting Fiscal Calculations Project Name/ Number
Terms of the Contract Start date 923/17 End date 9.22/22 Extension date Is contract subject
to renewal? VYES I !
# of Years Compensation per contract term
NO
Is RFP process
reqwred? YES RFP Issue Date RFP Award Date
/ NO Tota, # o' RFPs received
Initial Contract Amount. $ 49 220 16 Balance from initial contract. $150 00 {IF) Amendment - Amount? (IF) Amendment - Amount?
Total contract amt w/amends
$49 220 16 New bal. amnt incl amends [s 1so oo I
Did the Initial Contract go to
YES i/ NO Council for Approval?
Council meeting date
Did the Amendment/s go to
YES / NO Council for Approval?
Council meeting date
SOURCE OF FUNDING
Operating Budget 300-4237 CIP
specify budget 1terr line specify CIP # I Name
PJ Reimbursement Grant
specify Developer Name I PJ # specify Grant Name
(may still need Budget Appropriation)
Grant Date I I
Other Council mtg date (Grants require prespecify other funding source approval from Council) All info verified by Rachelle
cal I
□
specify CDBG Fiscal Year
Gen□eral W□ater Sewer Equ□ipment Ho□using
T
□
ASP
Fund Fund Fund Fund Fund
Is Budget Appropriation
needed? I I
YES Council meeting date From budget code To budget code v
NO
76 6/5/19
CAO/Chris,
Samantha Chen of BBK and Robert Gray, President of HdL Software, have both reviewed and approved the fmnal draft of Amendment No. 2
Best regards,
Martin Garcia
~o
77
AMENDMENT NO. 3 TO THE AGREEMENT
WITH
HINDERLITER DE LLAMAS & ASSOCIATES (HDL)
FOR
BUSINESS LICENSE SOFTWARE
This Amendment No. 3 is entered into this day of __________________, (“Effective Date” ) by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as “City”) and Hinderliter De Llamas & Associate s (HdL), a California limited liability company (hereafter referred to as “HdL”). City and HdL are jointly referred to hereinafter as the “Parties.”
RECITALS:
WHEREAS, on August 23, 2017, the Parties entered into an Agreement for Business License Software and Services (hereinafter the “Master Agreement”) to process business license fees for the City on an annual basis; and
WHEREAS, on January 16, 2018, the Parties entered into Amendment No. 1 to the Master Agreement, which increased funding by $616.63 for travel expenses relating to a training session held on October 4, 2017, increased funding by $11,800.00 for two (2) additional user licenses, software use fees and hosting services, and deleted EXHIBIT B – COMPENSATION and replaced it with EXHIBIT B–1 COMPENSATION (Updated January 2018); and WHEREAS, on June 7, 2019, the Parties entered into Amendment No. 2 to the Master Agreement correcting the first-year costs to $30,484.71; and correcting Year Two fees to $18,735.45, and added Exhibit B-3; and
WHEREAS the Parties now desire to amend the Master Agreement to expand the functionality of the Prime System to schedule the export of the City’s data for GIS use.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Scope of Service Amended. Section 1 (entitled “Prime Software System”) of Exhibit A (entitled “Scope of Service”) of the Master Agreement is hereby amended to include item 1.2.1 as follows:
“1.2.1 Hdl will create the SQL query to pull the data requested by the City to schedule the export of the City’s data for GIS use by July 1, 2021. City will provide the list of all columns wanted and any filters that should be applied to the data set. The City will set up the export to routinely pull data in a static format.
This data will be stored on HdL servers in a location the City can access.”
2. Year 5 Cost Amendment. Exhibit B-3, as approved by Amendment No. 2, dated June 7, 2019, is hereby amended to add the one-time fee of $2,520 for GIS data export and Alarm Permit reports, and to increase the Software Use Fee by $400.00 for annual maintenance of the SQL query in Year 5. This increase will take effect July 1, 2021 .
Accordingly, Exhibit B-3, Compensation - YEAR 5 table shall be revised to read as follows:
78
COMPENSATION - YEAR 5
I tem U/M P ri ce Da te
One-Tim e P ro je c t Co s t One-Tim e $ 2 ,520.00 7/1 /2021 Annual Software Use Fee One-Time $ 16,453.62 7/1/2021
Hosting & Remote User Access Services 12 Months $ 3,540.00 7/1/2021 TOTAL $ 22,513.62
[SIGNATURES ON FOLLOWING PAGE]
79
AMENDMENT NO. 3 TO THE AGREEMENT
WITH
HDL SOFTWARE, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF MILPITAS
Approved By:
_________________________
Steven G. McHarris, City Manager
_________________________
Date
Approved As To Form:
_________________________
Christopher J. Diaz, City Attorney
Approved:
_________________________
Lauren Lai, CPA, MPA
Finance Director / Risk Manager
Approved As To Content:
________________________
HdL
_________________________
Signature
_________________________
Name
_________________________
Title
_________________________
Date
Daniel Nam, Director of Information
Technology
80 CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Award Construction Contract IFB No. 22-032 for the Installation of Card Access Control and Monitoring Systems at Fire Stations to Trofholz Technologies for the Not-ToExceed Amount of $104,324.42 and Authorize the City Manager to Execute the Construction Contract.
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 1/18/2022
Staff Contact: Tony Ndah, 408-586-2602, Chris Schroeder, 408-586-3161 Recommendation: Award construction contract IFB No. 22-032 for the installation of card access control and monitoring systems at Fire Stations to Trofholz Technologies for the not-to-exceed amount of $104,324.42 and authorize the City Manager to execute the construction contract.
Background:
On June 2, 2020, the City Council approved funding in the FY 2020-2021 Capital Budget for the installation of card access control and alarm monitoring systems (ACAMS) in all fire stations (“Fire Stations”) in the City of Milpitas (“City”). Currently, all Fire Stations use a pushbutton lock system for access. The pushbutton lock system operates only when the correct buttons are pushed in the proper sequence and the turn knob is rotated to unlock the door. These systems are obsolete and do not provide adequate security access and monitoring in line with systems currently installed at other City buildings.
Analysis:
On October 27, 2021, the Purchasing Division released IFB No. 22-032: Card Access Installation at Fire Stations (“IFB No. 22-030”), seeking bids from qualified vendors with demonstrated experience in installing card access control and alarm monitoring systems. The IFB was publicly noticed in accordance with the Uniform Public Construction Cost Accounting Act and the City’s Municipal Code by advertising on the City’s website and emailing companies registered with the City via ProcureNow.com (the City’s eProcurement system). Upon release, 621 firms received the solicitation notification and 25 firms downloaded the IFB documents. The bid specifications called for a Sielox “or equal” system to ensure compatibility with the existing badge system at other City buildings. Per Municipal Code paragraph I-2-3.12 titled “Use of "or equals" in specifications and testing of "equals"”, the City’s reference to a brand name or equal describes a component best meeting the specific operational, design, performance, maintenance, quality, and reliability requirements of the City. A bidder may offer an equivalent ("or equal") in response to a brand name or equal reference.
The Purchasing Division received one (1) bid by the 2:00 p.m. November 30, 2021 deadline in response to the IFB and no “equal” products were submitted. The bid was reviewed for responsiveness, including, among other things, completeness of all required documentation. Based on this review, staff determined that the bid from Trofholz Technologies is the lowest responsible, responsive bidder and recommends the City Council award the IFB No. 22-032 to Trofholz Technologies at the not-to-exceed amount of $104,324.42.
Policy Alternatives:
Alternative 1: Do not award IFB No. 22-032 to Trofholz Technologies, reject the bid and readvertise for bids. 81 Pros: The City may spend less than $104,324.42 for the installation of card access control and alarm monitoring systems at Fire Stations.
Cons: Due to other high priority procurements, there’s insufficient staff capacity to rebid the installation of a card access control and alarm monitoring systems at Fire Stations.
Reason not recommended: The City underwent a competitive “or equals” process to acquire a card access control and alarm monitoring systems at Fire Stations which is compatible to existing systems at other facilities.
Further, by not awarding the contract, the installation of a security access and monitoring system would be further delayed.
Fiscal Impact:
Sufficient funding is available in CIP No. 3461 – Fire Station Security, which has a balance of $200,000.
Funding for CP3461 comes from General Government CIP.
California Environmental Quality Act:
The City Council’s action in awarding the contract is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301 as the installation of card access control and alarm monitoring involves the minor alteration of existing public structures/facilities involving no expansion of existing or former use and will merely involve access and control to the existing buildings.
Recommendation:
Award construction contract IFB No. 22-032 for card access installation at fire stations to Trofholz Technologies for the not-to-exceed amount of $104,324.42 and authorize the City Manager to execute the construction contract.
Attachment
1. Construction contract with Trofholz Technologies for the installation of card access control and alarm monitoring systems at Fire Stations.
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137
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive Monthly Report for Unhoused Services Category: Consent Calendar-Community Development
Meeting Date: 1/18/2022
Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260 Recommendation: Receive November 2021 report for unhoused services.
Background:
On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for homeless outreach, assessment, and street-based case management services with Santa Clara County Office of Supportive Housing. On March 1, 2021, the County’s Homeless Engagement and Access Team (HEAT), via Abode Services, began conducting outreach to engage and provide resources to the City’s unhoused residents.
On December 1, 2020, the City Council directed staff to implement a six-month pilot mobile shower and laundry Dignity on Wheels program with WeHOPE. The nonprofit service provider, WeHOPE, began providing mobile shower and laundry services every Sunday starting March 21, 2021, on the site on Winsor Street, immediately south of the Milpitas Library. On September 7, 2021, the City Council directed staff to continue the mobile shower and laundry program for an additional 12 months.
This report reflects the November 2021 progress for unhoused services.
Analysis:
In November 2021, the HEAT Team continued to collaborate with City staff and County Office of Supportive Housing to conduct outreach throughout the City of Milpitas to engage and provide resources to the City’s unhoused residents. During the month of November, the HEAT Team enrolled 8 clients and completed 8 assessments. Adding to 104 clients enrolled and 107 clients assessed since services began in March, this makes a total of 112 clients enrolled and 115 clients assessed. Since the HEAT Team has been conducting proactive outreach throughout Milpitas, they have been able to locate and connect with unhoused residents both at known and new locations. For the unhoused individuals that did not provide identifying information for the Team to enroll or assess, the Team provided basic needs items and community resources. See Attachment 2 for the HEAT Team November 2021 report.
During the month of November, WeHOPE provided four sessions to the unhoused community, providing a total of 49 showers and 22 loads of laundry, serving 18 individuals. See Attachment 3 for the WeHOPE Dignity on Wheels November 2021 report.
In addition to working closely with the above service providers, City departments continued to collaborate in providing assistance to the unhoused residents as well as addressing the health and safety of the community.
Referrals to the HEAT Team continue to be provided through the City’s internal referral process. This process has reduced internal messaging and maximized the HEAT Team’s ability to quickly respond to requests for assessments and to provide updates to City staff. For a summary of the various activities and services for Milpitas unhoused residents as described above, refer to Attachment 1 for the November 2021 report for unhoused services.
138
Fiscal Impact:
There is no fiscal impact to the City budget other than staff time related to this item.
California Environmental Quality Act:
The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
Recommendation:
Receive November 2021 report for unhoused services.
Attachments:
1. November 2021 report for unhoused services
2. November 2021 HEAT Team report
3. November 2021 WeHOPE Dignity on Wheels report
139
Date
Referred
1 Hillview Bridge Encampment Valley Water 1 11/17/2021 2/26/2021 1 11/17/2021 1 11/17/2021 2 Topaz Street 1 Encampment City N/A
3 Serra Center Encampment Private Property 3/26/2021
4 Ocean Supermarket Encampment Private Property N/A
5 Dixon Road 1 Encampment City 3/25/2021
6 Dixon Road 2 RV Vehicles City 3/25/2021
7 Calaveras Blvd Overpass Encampment City 3/19/2021
8 Dempsey Road 1 Encampment City 3/25/2021
9 Sinclair Frontage Road Encampment Union Pacific Railroad 3/25/2021 10 Yosemite Business Park Encampment Private Property 3/25/2021 11 Gibraltar Court Trailers City 3/25/2021
12 Topaz Street 2 Encampment City 3/25/2021
13 Railroad Court Camp/Trailers City 3/25/2021
14 Abel Plaza Encampment Private Property 3/25/2021
15 S. Main Street Encampment City 3/25/2021
16 S. Abbott Avenue Encampment City (if on street) or County (if on County property) 3/25/2021
17 W. Calaveras Blvd Encampment City 3/25/2021
18 Ethyl Court Camp/Cars City 3/25/2021
19 Hammond Way Cars/Trailers City 3/25/2021 3 11/5/2021, 11/17/2021 3 11/5/2021, 11/17/2021 20 Coyote Creek Trail 1 Encampment Valley Water 3/25/2021 21 Coyote Creek Trail 2 Encampment Valley Water 3/25/2021 22 Coyote Creek Trail 3 Encampment Valley Water 3/25/2021 23 Calaveras Plaza Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 24 Dignity on Wheels Mobile Shower and Laundry Outreach (contact made in non-encampment setting) N/A 2 11/21/2021 N/A 2 11/21/2021 2 11/21/2021 25 Dixon Landing Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 26 Great Mall Outreach (contact made in non-encampment setting) N/A N/A 27 Milpitas Library Outreach (contact made in non-encampment setting) City N/A 28 Main Street Outreach (contact made in non-encampment setting) N/A N/A 29 Other (Street, Panhandle, Vehicle Dweller, or Unidentified Location) Outreach (contact made in non-encampment setting) N/A N/A 30 Dempsey Road 2 Encampment Private Property N/A
31 Serra Center Outreach (contact made in non-encampment setting) N/A N/A 32 E. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 33 Dempsey Road 3 Outreach (contact made in non-encampment setting) Private Property N/A 34 Galaxy Court Outreach (contact made in non-encampment setting) City N/A 35 Ranch Drive Outreach (contact made in non-encampment setting) City 1 11/22/2021 N/A 1 11/22/2021 1 11/22/2021 36 Jacklin Rd Car City N/A
37 Folsom Ct Outreach (contact made in non-encampment setting) City N/A 38 Other (near Extended Stay) Outreach (contact made in non-encampment setting) City 1 11/4/2021 N/A 1 11/4/2021 1 11/4/2021 39 S. Park Victoria Outreach (contact made in non-encampment setting) City N/A 40 O'Toole Elms Park Outreach (contact made in non-encampment setting) City N/A 41 America's Best Value Inn Outreach (contact made in non-encampment setting) Private Property Total 5 8 8
Clients
Assessed Date Assessed
NOVEMBER 2021 REPORT FOR UNHOUSED SERVICES
Clients
Housed
Date
Housed
Outreach Location Type Jurisdiction Notes Unhoused
Count Date Counted Clients Enrolled Date Enrolled
Session Location
Milpitas Library 22
WeHOPE Dignity on Wheels
Mobile Shower and Laundry
Service Dates Number of Sessions Total Unduplicated Individuals Served Showers Provided Loads of Laundry Provided 11/7/2021, 11/14/2021, 11/21/2021, 11/28/2021 4 18 49
140
Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
November 2021 Report
In November, Abode’s HEAT staff continued to focus on locating, identifying, and linking new unhoused individuals into various supportive services and shelter placements, in response to referrals from Milpitas PD and the City of Milpitas. The team was deployed in various regions of the city to assess and refer unhoused participants to the housing community queue for housing eligibility. The team utilized motivational interviewing strategies and effective engagement strategies to foster rapport with the various unhoused communities and provides basic needs items and linkage to appropriate resources.
During November, the Abode HEAT staff continued to coordinate outreach efforts at new locations, as well as, revisiting previous locations to enroll and assess 8 unhoused individuals. The Abode HEAT staff provided basic needs items to all participants who attended the November 21st Dignity on Wheels event.
In total, the HEAT team administered 2 Vi-SPDAT assessments during the event.
In conclusion, the Abode HEAT staff supported all active participants in the program, including newly assessed individuals in accessing available resources conducive for housing acquisition and stabilization in various life domains. In response to the inclement weather conditions, the team also facilitated referrals to prospective shelter placements and interim motel support to medically vulnerable participants.
The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:
Milpitas HEAT Contact, Enrolled, Assessed Clients: November
Outreach Location
Outreach
Contact Enrolled Assessments
Milpitas Outreach- Extended Stay Milpitas 1 1 1
11/4/2021 1 1 1
Milpitas Vehicle Dwellers- Hammond 15 3 3 3
11/5/2021 2 2 2
11/17/2021 1 1 1
Milpitas Encampment- Hillview Bridge 1 1 1
11/17/21 1 1 1
Milpitas Outreach- Dignity on Wheels 2 2 2
11/21/2021 2 2 2
Milpitas Outreach – (Vehicle Dweller) Ranch
Dr. 1 1 1
11/22/21 1 1 1
Grand Total 8 8 8
Milpitas Outreach= Contact made with client in nonencampment setting
141
Milpitas Encampment= Contact made at a location where
a tent and/or other structures are used as shelter
142
City of Milpitas November 2021
12/29/2021
Reporting Period
Total unduplicated individuals served during
reporting period
Total unduplicated individuals served during
contract term Total Field Visits this month
11/1/2021-11/30/2021 18 97 51
Age (for Field Visits)
Session Locations Service Date(s) Hours
Unduplicated
Individuals at
Sessions
Showers
Provided
Loads of
Laundry
Provided
>19 20-29 30-39 40-49 50-59 60-69 70-79 80+ Doesn't Know or Refused
TOTALS FOR MONTH 16 hours 18 49 22 0 0 8 12 12 13 4 0 0 Sundays 11/7/2021
11/14/2021
11/21/2021
11/28/2021
Gender (unduplicated) Ethnicity (for Field Visits) Race (for Field Visits) Male Female Trans Female
(M to F)
Trans Male (F
to M)
Gender NonConformingDoesn't Know
or Refused White Black of African American Asian
American
Indian or
Alaskan Native
Native
Hawaiian or
Other Pacific
Islander
Multiple Races Doesn't Know
or Refused
NonHispanic/NonLatino
Hispanic/Latino Doesn't Know
or Refused
14 4 0 0 0 0 12 2 8 2 0 0 25 10 2 37
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept the Resignation of Aysha Mohsin from the Planning Commission Category: Consent Calendar-Leadership and Support Services Meeting Date: 1/18/2022
Staff Contact: Wendy Wood, City Clerk, 408-586-3001
Recommendation: Accept the resignation of Aysha Mohsin from the Planning Commission; and confirm the noticing of the unscheduled vacancy.
Background:
In accordance with the City of Milpitas Commission By-Laws, any member or alternate member of a Commission who is no longer available to serve must submit a resignation in writing by sending a written communication to the Mayor and the City Clerk, per adopted City Council Resolution No. 7702. The written resignation must then be accepted and confirmed by City Council via action on the consent calendar at a regularly scheduled City Council meeting. Aysha Mohsin submitted her resignation from the Planning Commission on January 7, 2022.
Analysis:
By state law, a Notice of an Unscheduled Vacancy must be posted by the City Clerk to advertise the vacant Commission seat. Final appointment to the board, commission, or committee for the Unscheduled Vacancy shall not be made by the legislative body for at least ten working days after the posting of the notice in the Clerk’s office. The notice of the Unscheduled Vacancy for the Planning Commission was posted on January 7, 2022, in accordance with California Government Code 54974 (a).
Fiscal Impact:
There is no fiscal impact associated with this item.
Recommendation:
Accept the resignation of Aysha Mohsin from Planning Commission and confirm the noticing of the unscheduled vacancy.
Attachments:
1. Letter from Commissioner Aysha Mohsin
144
January 7, 2022
To: Mayor Rich Tran
Re: Letter of Resignation – Planning Commission
Hello Mayor Tran,
I write to you with a heavy heart that unfortunately, I will not be able to take the commission seat this year. My son is unwell, and the doctor has decided to start his treatment starting this month. It will be a lengthy and challenging time for my family, and I will need to be fully dedicated to him. I did not know that any of this would be happening with my son and so I wanted to apologize for any inconvenience this may have caused you. I do not take anything on unless I know I can be fully committed and dedicated – so I would not want to take the seat and let you and the community down. I really appreciate your support for my application for a seat on the planning commission.
As you know, I come from a family that is ready to serve its community. I hope one day I can do the same and serve the City of Milpitas as a commissioner. Until then, please do not hesitate to reach out for help in any matter.
Once again, apologies for the turn of events. Wishing you a prosperous 2022.
Thank you,
Aysha Mohsin
145
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Move to Waive the Second Reading and Adopt Ordinance No. 43.213 Amending Various Sections of Milpitas Municipal Code, Title V, Chapter 100 - Traffic Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 1/18/2022
Staff Contact: Steve Chan, Transportation and Traffic Manager, (408) 586-3324, and Jared Hernandez, Chief of Police (408) 586-2406
Recommendation: Move to waive the second reading beyond the title and adopt Ordinance No. 43.213 Amending Various Sections of Milpitas Municipal Code, Title V, Chapter 100 - Traffic Background:
On January 11, 2022, the City Council voted to introduce Ordinance No. 43.213 to make updates to various sections of Title V, Chapter 100 of the Milpitas Municipal Code. A detailed discussion of the changes proposed by the Ordinance can be found in the staff report heard during the January 11th City Council meeting.
The Ordinance is now ready for its second reading and adoption.
Fiscal Impact
There is no immediate fiscal impact in waiving the second reading and adopting Ordinance No. 43.213.
California Environmental Quality Act:
The introduction and adoption of this Ordinance is not a project subject to the California Environmental Quality Act (CEQA) as it can be seen with certainty that the project does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and is more akin to an administrative activity of the government pursuant to CEQA Guidelines Section 15378.
Recommendation
Move to waive the second reading and adopt Ordinance No. 43.213 Amending Various Sections of Milpitas Municipal Code, Title V, Chapter 100 - Traffic
Attachment
1. Ordinance No. 43.213 for adoption
2. Ordinance No. 43.213 “redline” version
146
1 Ordinance No. _____
REGULAR
NUMBER: 43.213
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING VARIOUS SECTIONS OF TITLE V, CHAPTER 100 (“TRAFFIC”) OF THE MILPITAS
MUNICIPAL CODE
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
________________________________
Christopher J. Diaz, City Attorney
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RECITALS AND FINDINGS:
WHEREAS, the California Vehicle Code (see Veh. Code §§ 21100–21117) authorizes local governments to adopt traffic rules and regulations regarding certain matters, including regulating traffic by means of traffic officers and regulating traffic by means of official traffic control devices; and WHEREAS, the California Vehicle Code (see Veh. Code § 22507) authorizes local governments to regulate parking within their jurisdictions; and
WHEREAS, the City of Milpitas (“City”) regulates traffic and parking upon its streets and sidewalks through Title V, Chapter 100 (Traffic) of the Milpitas Municipal Code (“Traffic Ordinance”); and WHEREAS, the Traffic Ordinance was last updated in 1969; and WHEREAS, the responsibilities assigned by the Traffic Ordinance are inconsistent with current City operations and provisions of the California Vehicle Code; and
WHEREAS, City staff has identified various sections of the Traffic Ordinance requiring corrections, clarifications, updates and modifications and requests that the City Council take action to correct these issues through the adoption of this Ordinance.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
2.02 “Holidays”
Title V, Chapter 100, Section V-100-2.02 “Holidays” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-2.02 – Holidays
Within the meaning of this Chapter, holidays are the following:
A. January 1st
B. February 12th, known as "Lincoln Day"
CB. The third Monday in February
C. March 31st, known as “Cesar Chavez Day”
D. The last Monday in May, known as “Memorial Day”
E. July 4th
F. The first Monday in September, known as “Labor Day”
G. September 9th known as "Admission Day"
H. The second Monday in October known as "Columbus Day" IG. November 11th known as "Veteran's Day"
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JH. Thanksgiving Day
I. The Friday after Thanksgiving Day
J. December 24th
IK. December 25th
SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
2.05 “Official Traffic Control Devices”
Title V, Chapter 100, Section V-100-2.05 “Official Traffic Control Devices” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-2.05 - Official Traffic Control Devices
All signs, signals, markings and devices as authorized in this Chapter and/or the California Vehicle Code or the California Manual of Traffic Control Devices shall be placed or erected consistent with the California Vehicle Code or the California Manual of Traffic Control Devices by authority of a public body or official having jurisdiction for the purposes of promoting safety and efficiency by providing orderly movement of all users on streets, bikeways, and pedestrian paths open to public travel. of regulating, warning or guiding traffic.
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
3.01 “Authority of Police and Fire Department Officials” Title V, Chapter 100, Section V-100-3.01 “Authority of Police and Fire Department Officials” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-3.01 - Authority of Police, and Fire Department Officials and Other Authorized City Officers
3.01-1 There are conferred upon the City Manager those powers and duties necessary for the administration of this Chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such officers and employees of the City as may be required to assist him or her in carrying out the intent and purpose of this Chapter.
3.01-21 It shall be the duty of the officers of the Police Department and/or other such authorized City officers as are assigned by the Chief Police Officer to enforce all street traffic laws of this City and all of the State vehicle laws applicable to street traffic in this City.
3.01-32 Officers of the Police Department and/or such other authorized City officers as are assigned by the Chief Police Officer are hereby authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
3.01-43 Officers of the Fire Department, in the course of their duties when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.01 “General”
Title V, Chapter 100, Section V-100-4.01 “General” of the Milpitas Municipal Code is hereby amended to read as follows:
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4 Ordinance No. _____
V-100-4.01 - General
All acts of the Chief Police Officer City Manager or designee required or authorized by the provisions of this Chapter Section shall be made in accordance with any applicable standards, limitations or rules as may be set forth in this Chapter or amendments thereto or as may be determined by ordinance or resolution of the legislative body of this City.
4.01-1 Reserved. Wherever in this Chapter the Chief Police Officer is required or authorized to determine the need for, or to install and maintain, or to remove, relocate or discontinue use of official traffic control devices, traffic signals, roadway markings, turning movement restrictions, stop signs, parking restrictions or other traffic control signs and markings, such authority for installations may be delegated to the Traffic Engineer by the Chief Police Officer.
SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.02 “Authority to Install Traffic Control Devices”
Title V, Chapter 100, Section V-100-4.02 “Authority to Install Traffic Control Devices” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.02 - Authority to Install Traffic Control Devices
4.02-1 The Chief Police Officer City Manager or designee shall place and maintain or cause to be placed and maintained official traffic control devices when and as required under the traffic ordinances of this City to make effective the provisions of said ordinances.
4.02-2 Whenever the Vehicle Code of this State requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law the City Manager or designee Chief Police Officer is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
4.02-3 The City Manager or designee Chief Police Officer may also place and maintain such additional traffic control devices as he may deem necessary to regulate traffic or to guide or warn traffic upon the basis of traffic engineering principles and traffic investigation.
4.02-4 The City Manager or designee shall maintain schedules of all official traffic control devices in electronic format.
SECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.05 “Installation of Traffic Signals”
Title V, Chapter 100, Section V-100-4.05 “Installation of Traffic Signals” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.05 - Installation of Traffic Signals
4.05-1 The City Manager or designee Chief Police Officer shall install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
4.05-2 The City Manager or designee Chief Police Officer shall ascertain and determine the locations where such signals are required by resort to field observation, traffic counts and other traffic information as may be pertinent 150
5 Ordinance No. _____
and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the Manual of Uniform Traffic Control Devices for streets and highways promulgated by The American Association Streets and Highways Officials and Public Roads Administration.
4.05-3 Whenever the City Manager or designee Chief Police Officer installs and maintains official traffic signals at any intersection, the City Manager or designee shall likewise erect and maintain at such intersection street name signs visible to the principal flow of traffic unless such street name signs have previously been placed and are maintained at any said intersection.
SECTION 8. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.06 “Lane Markings”
Title V, Chapter 100, Section V-100-4.06 “Lane Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.06 - Lane Markings
The City Manager or designee Chief Police Officer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway.
SECTION 9. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.07 “Distinctive Roadway Markings”
Title V, Chapter 100, Section V-100-4.07 “Distinctive Roadway Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.07 - Distinctive Roadway Markings
Whenever the State Department of Public Works determines by resolution and designates a distinctive roadway marking which shall indicate no driving over such marking, the Chief Police Officer City Manager or designee is authorized to designate by such marking those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code.
SECTION 10. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.08 “Authority to Remove, Relocate or Discontinue Traffic Control Devices” Title V, Chapter 100, Section V-100-4.08 “Authority to Remove, Relocate or Discontinue Traffic Control Devices” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.08 - Authority to Remove, Relocate or Discontinue Traffic Control Devices The Chief Police Officer City Manager or designee is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by state law or this Chapter whenever he the City Manager or designee shall determine in any particular case that the conditions which warranted or required the installations no longer exist or obtain.
SECTION 11. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.09 “Traffic Control Devices—Hours of Operation”
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6 Ordinance No. _____
Title V, Chapter 100, Section V-100-4.09 “Traffic Control Devices—Hours of Operation” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.09 - Traffic Control Devices—Hours of Operation The Chief Police Officer City Manager or designee shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this Chapter.
SECTION 12. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.01 “General”
Title V, Chapter 100, Section V-100-5.01 “General” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-5.01 - General
All acts of the Chief Police Officer City Manager or designee required or authorized by the provisions of this Section shall be made in accordance with any applicable standards, limitations or rules as may be set forth in this Chapter or amendments thereto or as may be determined by ordinance or resolution of the legislative body of this cCity.
SECTION 13. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.02 “Authority to Place and Obedience to Turning Markers—Intersections—Multiple lanes” Title V, Chapter 100, Section V-100-5.02 “Authority to Place and Obedience to Turning Markers—Intersections—Multiple lanes” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-5.02 - Authority to Place and Obedience to Turning Markers—Intersections—Multiple lanes
5.02-1 The Chief Police Officer City Manager or designee is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the Chief Police Officer City Manager or designee is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns.
5.02-2 When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.
SECTION 14. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.03 “Authority to Place Restricted Turn Signs”
Title V, Chapter 100, Section V-100-5.03 “Authority to Place Restricted Turn Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-5.03 - Authority to Place Restricted Turn Signs
The City Manager or designee Chief Police Officer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.
SECTION 15. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.05 “Authority to Prohibit Right Turns Against Traffic Stop Signal” Title V, Chapter 100, Section V-100-5.05 “Authority to Prohibit Right Turns Against Traffic Stop Signal” of the Milpitas Municipal Code is hereby amended to read as follows:
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7 Ordinance No. _____
V-100-5.05 - Authority to Prohibit Right Turns Against Traffic Stop Signal The City Manager or designee Chief Police Officer is hereby authorized to determine those intersections within any business or residence district at which drivers of vehicles shall not make a right turn against a red or stop signal and shall erect proper signs giving notice of such prohibition. No driver of a vehicle shall disobey the directions of any such sign.
SECTION 16. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.06 “Specific Turning Movements Prohibited at Specific Places” Title V, Chapter 100, Section V-100-5.06 “Specific Turning Movements Prohibited at Specific Places” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-5.06 - Reserved Specific Turning Movements Prohibited at Specific Places Without limitation to any of the provisions of this Section, the Chief Police Officer is hereby directed to place signs at the following locations described in Section V-100-15.16 prohibiting drivers of vehicles from making the specific turning movements indicated for said locations. When signs are erected as directed, no driver of a vehicle shall disobey the directions of any such signs.
SECTION 17. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
6.01 “The Chief Police Officer to Sign One-Way Streets and Alleys” Title V, Chapter 100, Section V-100-6.01 “The Chief Police Officer to Sign One-Way Streets and Alleys” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-6.01 - The Chief Police Officer to Sign One-Way Streets and Alleys Whenever any ordinance or resolution of this the City Manager designates any one-way street or alley, the Chief Police Officer City Manager or designee shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
SECTION 18. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.01 “The Chief Police Officer to Erect Stop Signs”
Title V, Chapter 100, Section V-100-7.01 “The Chief Police Officer to Erect Stop Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.01 - The Chief Police Officer to Erect Stop Signs Whenever any ordinance or resolution of this the City Manager designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the Chief Police Officer City Manager or designee shall erect and maintain stop signs as follows:
A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in Section 471 of the California Vehicle Code.
SECTION 19. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.02 “Stop at Through Street Or Stop Sign”
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Title V, Chapter 100, Section V-100-7.02 “Stop at Through Street Or Stop Sign” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-7.02 - Reserved Stop at Through Street Or Stop Sign
7.02-1 Those streets and parts of streets described in Subsection V-100-15.02 hereof are hereby declared to be through streets for the purposes of this Section.
7.02-2 The provisions of this Section shall also apply at one or more entrances to the intersections as such entrances and intersections are described in Subsection V-100-15.03 hereof.
7.02-3 The provisions of this Section shall apply at those highway railway grade crossings as described in Subsection V-100-15.04.
SECTION 20. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.04 “Chief Police Officer to Erect Right-of-Way Signs” Title V, Chapter 100, Section V-100-7.04 “Chief Police Officer to Erect Right-of-Way Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.04 - Chief Police Officer to Erect Right-of-Way Signs
7.04-1 Whenever any ordinance or resolution of this the City Manager designates and describes any approach to an intersection of streets or highways (which are not through streets or highways), as one at which yield rightof-way signs shall be erected, the Chief Police Officer City Manager or designee shall erect and maintain at said approach, a Yield Right-of-Way sign.
7.04-2 Every Yield Right-of-Way sign shall conform with and be placed as provided in Section 21402 of the California Vehicle Code and Section 21356 of the Vehicle Code, respectively.
7.04-3 Reserved. Those approaches to an intersection of streets and highways which are not through highways and streets described in Subsection V-100-15.17 hereof are hereby declared to be approaches to an intersection of streets and highways at which a Yield Right-of-Way sign shall be erected.
SECTION 21. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.05 “Entrance Only And Exit Only Signs”
Title V, Chapter 100, Section V-100-7.05 “Entrance Only And Exit Only Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.05 - Entrance Only And Exit Only Signs
7.05-1 Whenever any ordinance or resolution of this the City Manager designates and describes any entrance as "entrance only" and designates and describes any exit as "exit only", the Chief of Police City Manager or designee shall erect and maintain at said entrance and at said exit an "Entrance Only" sign and an "Exit Only" sign.
7.05-2 Reserved. Those entrances and those exits described in Subsection V-100-15.18 hereof are hereby declared to be "Entrance Only" and "Exit Only" approaches and departures, at which "Entrance Only" and "Exit Only" signs shall be erected.
SECTION 22. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.06 “Stop Sign At Intersection of Street and Alley or Private Driveway” 154
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Title V, Chapter 100, Section V-100-7.06 “Stop Sign At Intersection of Street and Alley or Private Driveway” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.06 - Stop Sign At Intersection of Street and Alley or Private Driveway
7.06-1 Whenever any ordinance or resolution of this the City Manager designates and describes the intersection of any public street with any alley or private driveway as one at which a stop sign should be posted, the Chief of Police City Manager or designee shall erect and maintain at the intersection of said public street and alley or private driveway, the stop sign which shall stop traffic upon said public street. The purpose of this Subsection is to provide stop signs upon public streets at the intersection of said streets with alleys or private driveways in such special circumstances where conditions are hazardous to traffic, and a stop sign on said street is necessary for the safety of persons traveling on said street, or upon said alley or private driveway. Nothing herein contained, however, shall be deemed or construed to repeal or amend Subsection V-100-7.03 of this Chapter.
7.06-2 Reserved. Pursuant to the provisions of this Subsection, a stop sign shall be erected at those locations upon public streets described in Subsection V-100-15.19 of this Chapter.
SECTION 23. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
9.01 “Crosswalks”
Title V, Chapter 100, Section V-100-9.01 “Crosswalks” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-9.01 - Crosswalks
9.01-1 The City Council Manager or designee shall establish, designate and direct the Chief Police Officer to maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway. as follows:
9.01-2 Reserved. Crosswalks shall be established at those intersections, and elsewhere other than intersections, as are described in Subsection V-100-15.10 hereof.
SECTION 24. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
9.04 “Pedestrian Walkways”
Title V, Chapter 100, Section V-100-9.04 “Pedestrian Walkways” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-9.04 - Pedestrian Walkways
9.04-1 Whenever ordinance of this the City Manager restricts pedestrian travel to marked or constructed walkways in subways, tubes and tunnels or upon bridges or viaducts, the City Manager or designee Chief Police Officer shall erect appropriate signs giving notice thereof.
9.04-2 When signs have been posted restricting pedestrian travel as herein provided, no person shall stand or walk other than on the designated walkway.
9.04-3 Reserved. Pedestrian traffic shall be restricted in those subways, tubes and tunnels or upon bridges or viaducts, or portions thereof, as described in Subsection V-100-15.23 hereof.
SECTION 25. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.06 “Signs or Markings Indicating Angle Parking”
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Title V, Chapter 100, Section V-100-10.06 “Signs or Markings Indicating Angle Parking” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.06 - Signs or Markings Indicating Angle Parking
10.06-1 Whenever any ordinance of this the City Manager designates and describes any street or portion thereof upon which angle parking shall be permitted, the Chief Police Officer City Manager or designee shall mark or sign such street indicating the angle at which vehicles shall be parked.
10.06-2 When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
10.06-3 Reserved. Angle parking shall be permitted upon those streets and parts of streets described in Subsection V-100-15.05 hereof.
SECTION 26. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.07 “Permit for Loading or Unloading at an Angle to the Curb” Title V, Chapter 100, Section V-100-10.07 “Permit for Loading or Unloading at an Angle to the Curb” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-10.07 - Reserved Permit for Loading or Unloading at an Angle to the Curb The Chief Police Officer is authorized to issue special permits to allow the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property and shall grant to such person the privilege as therein stated and authorized herein, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.
SECTION 27. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.08 “Parking Adjacent to Schools”
Title V, Chapter 100, Section V-100-10.08 “Parking Adjacent to Schools” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.08 - Parking Adjacent to Schools
10.08-1 The City Manager or designee Chief Police Officer is hereby authorized to erect signs indicating no parking upon either side of any street adjacent to or opposite any school property when such parking would, in his opinion, interfere with traffic or create a hazardous condition.
10.08-2 When official signs are erected indicating "no parking" upon either side of a street adjacent to or opposite any school property, or "no parking" upon either side of a street between certain hours on certain days, no persons shall park a vehicle in any such designated place.
SECTION 28. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.09 “Parking Prohibited on Narrow Streets”
Title V, Chapter 100, Section V-100-10.09 “Parking Prohibited on Narrow Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.09 - Parking Prohibited on Narrow Streets
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10.09-1 The City Manager or designee Chief Police Officer is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of the street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet.
10.09-2 When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.
SECTION 29. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.10 “Stopping, Standing or Parking Prohibited—Signs Required” Title V, Chapter 100, Section V-100-10.10 “Stopping, Standing or Parking Prohibited—Signs Required” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.10 - Stopping, Standing or Parking Prohibited—Signs Required The City Manager or designee Chief Police Officer shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle in any of said places.
10.10-1 At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone.
10.10-2 Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop sign, or official electrical flashing device.
10.10-3 At any place where the City Manager or designee Chief Police Officer determines that it is necessary in order to eliminate dangerous traffic hazards.
10.10-4 Reserved. Upon those streets, or portions of streets described in Section V-100-15.11 hereof.
SECTION 30. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.11 “Unlawful Parking—Peddlers, Vendors”
Title V, Chapter 100, Section V-100-10.11 “Unlawful Parking—Peddlers, Vendors” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.11 - Unlawful Parking—Peddlers, Vendors
10.11-1 Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or push-cart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this City, except that such vehicles, wagons or push-carts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at any one place. The provisions of this Subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution.
10.11-2 Deleted by Ord. 43.139.
10.11-3 Deleted by Ord. 43.139.
10.11-4 Deleted by Ord. 43.139.
10.11-5 Reserved. It shall be unlawful to sell, display, solicit or offer for sale, barter or exchange or otherwise peddle or vend any goods, wares or merchandise (including, but not limited to wearing apparel, flowers or foodstuffs) from the sidewalk, curb or street (and whether on foot or from any vehicle, wagon or cart, or otherwise) at any of the following locations within the City of Milpitas:
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.1 Abbott Avenue from Spence Avenue to Calaveras Boulevard .2 Abel Street (Entire)
.3 Calaveras Boulevard/SR-237 from and including the western City Limit to Coyote Creek to and including its intersection with Carnegie Drive
.4 Capitol Avenue from Abel Street to the south City Limits .5 Dixon Landing Road (Entire)
.6 Dixon Road from Milpitas Boulevard to Arizona Avenue .7 Jacklin Road from Milpitas Boulevard to and including Park Victoria Drive .8 Landess Avenue those portions within the City of Milpitas .9 Main Street from Curtis Avenue to south City Limits
. 10McCarthy Boulevard (Entire)
. 11Milpitas Boulevard (Entire)
. 12Montague Expressway (Entire)
. 13Park Victoria Drive from Ayer Street to south City Limits . 14Serra Way (Entire)
10.11-6 Reserved. Application
The provisions of V-100-10.11-5 shall be applicable to any vehicle, wagon or push-cart, to which V-100-10.11-1 applies.
SECTION 31. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.15 “Parking on City Property”
Title V, Chapter 100, Section V-100-10.15 “Parking on City Property” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.15 - Parking on City Property
10.15-1 Whenever the City Council Manager shall determines that the orderly, efficient conduct of the City's business requires that parking or standing of vehicles on City property be prohibited, limited or restricted, the City Council Manager shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted.
10.15-2 When signs authorized by the provisions of this Subsection are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs, and any vehicle parked in violation of such signs may be towed to a public storage garage at the expense of the owner of such vehicle; or the Police Department may, and it is granted authority to, issue a citation in the usual form and manner for any violation of the prohibition, limitation or restriction indicated by such signs or for any violation of the provisions of this Subsection.
10.15-3 No person shall park or stand any vehicle exceeding twenty feet (20′) in length on any City-owned parking lot except for the loading or unloading of materials or passengers as permitted by Section V-100-11.03 of this Chapter.
10.15-4 Reserved. The City Council finds and declares that the orderly, efficient conduct of the City's business requires that parking of vehicles on City property be prohibited, limited or restricted as hereafter provided:
(a)When signs are in place giving notice thereof, and except as authorized by permit as hereafter provided, it shall be unlawful to park a vehicle between the hours of 7:00 a.m. and 6:00 p.m. on any day (except Saturdays, Sundays and official City holidays) at the following locations and in excess of the following periods:
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(1)Within the east wing of the City Hall parking lot (including the area in front of and east of the Community Center) in excess of four (4) hours in any one day (except as authorized by permit); (2)Within the parking areas in front of the main entrance to City Hall in excess of three (3) hours in any one day (except as authorized by permit);
(3)In the parking stalls in front of the Finance Department and the Credit Union on the southerly side of City Hall in excess of thirty (30) minutes in any one day. (b)Permits shall be issued by the City Manager or the Chief of Police. They may be limited as to date and permitted hours. They shall be prominently displayed on the dashboard of the vehicle or, if a sticker, affixed to the rear bumper. They will be issued to all City Councilpersons, to all City vehicles and to all City employees for use on the employee's private vehicle. They may be issued by the City Manager or Chief of Police on a sign-out basis for all persons having business to conduct at City Hall or the Community Center in excess of the allowable parking time. (c)When signs are in place giving notice thereof, it shall be unlawful to park a vehicle between the hours of 10:00 p.m. and 7:00 a.m. on any day in the Milpitas Library Parking Garage.
10.15-5 Reserved. The City Manager shall be empowered to prohibit, limit or restrict parking in any City parking lot (or parts thereof) within the Milpitas Civic Center.
SECTION 32. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.16 “Bicycle Parking Zones”
Title V, Chapter 100, Section V-100-10.16 “Bicycle Parking Zones” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.16 - Bicycle Parking Zones
Whenever the Chief Police Officer City Manager or designee shall determines that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles being operated upon the public streets, or to safeguard life or property, the City Manager or designee is hereby authorized to set aside a space on the street not more than thirty-six feet (36′) in length for the parking of bicycles during such hours of such days as are found by him to be best suited for the accomplishment of the purposes set forth in this Section. When a bicycle parking zone is so established, the Chief Police Officer City Manager or designee shall cause appropriate signs to be posted there at during such hours, giving notice that parking of other vehicles is prohibited. No person shall stop, stand or park any other vehicle in front of such zone while such signs are in place.
SECTION 33. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.01 “Authority to Establish Loading Zones”
Title V, Chapter 100, Section V-100-11.01 “Authority to Establish Loading Zones” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.01 - Authority to Establish Loading Zones
11.01-1 The Chief Police Officer City Manager is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:
(a) At any place in any business district.
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(b) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.
11.01-2 In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.
11.01-3 Deleted by Ord. 43.140.
11.01-4 Deleted by Ord. 43.140.
SECTION 34. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.02 “Curb Markings to Indicate No Stopping and Parking Regulations” Title V, Chapter 100, Section V-100-11.02 “Curb Markings to Indicate No Stopping and Parking Regulations” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.02 - Curb Markings to Indicate No Stopping and Parking Regulations
11.02-1 The Chief of Police City Manager or designee is hereby authorized, subject to the provisions and limitations of this Chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth. (a) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. (b) Yellow shall mean no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than three (3) minutes nor the loading or unloading of materials more than twenty (20) minutes. (c) White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers or depositing mail in an adjacent mailbox which shall not exceed three (3) minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays and except as follows:
(1) When such zone is in front of a hotel or adjacent mailbox the restrictions shall apply at all times.
(2) When such zone is in front of a theater the restrictions shall apply at all times except when such theater is closed.
(d) Green shall mean no standing or parking for longer than twenty (20) minutes at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays. (e) Blue indicates parking limited exclusively to vehicles of physically handicapped persons.
11.02-2 When the Chief of Police City Manager or designee as authorized under this ordinance has caused curb marking to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
SECTION 35. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.07 “Bus Zones to be Established”
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Title V, Chapter 100, Section V-100-11.07 “Bus Zones to be Established” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.07 - Bus Zones to be Established
11.07-1 The Chief Police Officer City Manager or designee is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses of common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein.
11.07-2 The word "bus" as used in this section shall mean any motor bus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.
11.07-3 No bus zone shall exceed 80 feet in length, except that when satisfactory evidence has been presented to the City Manager or designee Chief Police Officer showing the necessity therefor, the City Manager or designee Chief Police Officer may extend bus zones not to exceed a total length of 125 feet.
11.07-4 Bus zones shall normally be established on the far side of an intersection.
11.07-5 No bus zone shall be established opposite and to the right of a safety zone.
11.07-6 The City Manager or designee Chief Police Officer shall paint a red line stencil with white letters "NO STANDING", together with the words "BUS ZONE" upon the top or side of all curbs and places specified as a bus zone.
11.07-7 No person shall stop, stand or park any vehicle except a bus in a bus zone.
11.07-8 Reserved. In addition to such bus zones as may be established by the Chief Police Officer pursuant to authority granted in paragraph 11.07-1 of this Subsection, and without limitation to said authority, those locations and parts of streets described in Subsection V-100-15.14 hereof are hereby declared to be Bus Zones and shall be subject to the directives and limitations set forth in paragraphs 2, 3, 4, 5, 6 and 7 of this Subsection V-100-
11.07. 11.07-9 Reserved. In addition to such bus zones as may be established by the Chief Police Officer pursuant to authority granted in paragraph 1 of this Subsection, and without limitation to said authority, those locations and parts of the streets described in Subsection V-100-15.15 hereof, are hereby declared to be School Bus Zones and shall be subject to the directives and limitations set forth in Subsection V-100-11.07, paragraphs 2, 3, 4, 5, and
6. No person shall stop, stand or park any vehicle except a school bus in a School Bus Zone between the hours of 6:00 a.m. and 6:00 p.m. of any day during which the school adjacent thereto is in session.
SECTION 36. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.08 “Mail deposit zones”
Title V, Chapter 100, Section V-100-11.08 “Mail deposit zones” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.08 - Mail deposit zones
11.08-1 Whenever any ordinance of this the City Manager designates and describes any portion of any street as a mail deposit zone, the Chief Police Officer City Manager or designee shall place a white marking on the curb within said zone in accordance with the provisions of Subsection V-100-11.02 hereof.
11.08-2 Reserved. Those portions of streets described in Subsection V-100-15.13 hereof are hereby declared to be Mail Deposit Zones.
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SECTION 37. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.01 “Parking Time Limited on Certain Enumerated Streets” Title V, Chapter 100, Section V-100-12.01 “Parking Time Limited on Certain Enumerated Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.01 - Parking Time Limited on Certain Enumerated Streets Whenever the City Manager designates and describes any street or portion thereof as time limited parking, the City Manager or designee shall erect and maintain parking restriction signs. When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle on any of the streets or portions thereof enumerated in Subsection V-100-15.06 hereof for a period of time in excess of the time therein indicated between the hours of 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays.
SECTION 38. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.02 “Parking Prohibited at all Times on Certain Streets” Title V, Chapter 100, Section V-100-12.02 “Parking Prohibited at all Times on Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.02 - Parking Prohibited at all Times on Certain Streets Whenever the City Manager designates and describes any street or portion thereof as prohibited parking, the City Manager or designee shall erect and maintain parking restriction signs as follows:
A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in the California Vehicle Code.
When signs are erected giving notice thereof no person shall park a vehicle at any time upon any of the streets described in Subsection V-100-15.07 of this Chapter.
SECTION 39. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.04 “Parking Space Markings”
Title V, Chapter 100, Section V-100-12.04 “Parking Space Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.04 - Parking Space Markings
The Chief Police Officer City Manager or designee is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.
When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.
SECTION 40. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.05 “Truck Routes”
Title V, Chapter 100, Section V-100-12.05 “Truck Routes” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.05 - Truck Routes
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12.05-1 Whenever any ordinance of this the City Manager designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three tons, the Chief Police Officer City Manager or designee is hereby authorized to designate such street or streets by appropriate signs as "Truck Traffic Routes" for the movement of vehicles exceeding a maximum gross weight limit of three tons.
12.05-2 When any such truck traffic route or routes are established and designated by appropriate signs the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other except that nothing in this Section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three tons coming from a "Truck Traffic Route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.
12.05-3 The provisions of this Section shall not apply to (i) passenger buses under the jurisdiction of the Public Utilities Commission, or to (ii) any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.
12.05-4 Reserved. Those streets and parts of streets described in Subsection V-100-15.08 hereof are hereby declared to be truck traffic routes for the movement of vehicles exceeding a maximum gross weight of three tons.
SECTION 41. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.06 “Commercial Vehicles Prohibited From Using Certain Streets” Title V, Chapter 100, Section V-100-12.06 “Commercial Vehicles Prohibited From Using Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.06 - Commercial Vehicles Prohibited From Using Certain Streets.
12.06-1 Whenever any ordinance of this the City Manager designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the Chief Police Officer City Manager or designee shall erect and maintain appropriate signs on those streets affected by such ordinance.
12.06-2 Those streets and parts of streets described in Subsection V-100-15.09 hereof are hereby declared to be streets the use of which is prohibited by any commercial vehicle. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission.
12.06-3 The provisions of this Section shall not apply to house cars or camper-type pickup trucks provided the same are not designated, maintained or classified or required to be licensed as "commercial vehicle" under the provisions of the California Vehicle Code.
SECTION 42. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.07 “Vehicles Exceeding Maximum Gross Weight of 4 Tons Prohibited From Using Certain Streets”
Title V, Chapter 100, Section V-100-12.07 “Vehicles Exceeding Maximum Gross Weight of 4 Tons Prohibited From Using Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.07 - Vehicles Exceeding Maximum Gross Weight of 4 Tons Prohibited From Using Certain Streets
12.07-1 Whenever any ordinance of this the City Manager designates and describes any street or portions thereof as a street the use of which is prohibited by any vehicle exceeding a maximum gross weight limit of 4 tons, the 163
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Chief Police Officer City Manager or designee shall erect and maintain appropriate signs as necessary to adequately provide notice of the prohibition.
12.07-2 Reserved. Those streets and parts of streets designated in Subsection V-100-15.12 hereof are hereby declared to be streets the use of which is prohibited by any vehicles exceeding a maximum gross weight limit of 4 tons.
12.07-3 The provisions of this Section shall not apply to any commercial vehicle having ingress and egress by direct route to and from said restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.
12.07-4 The provisions of this Section shall not apply to (i) passenger buses under the jurisdiction of the Public Utility Commission or to (ii) any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility or (iii) any vehicle owned or operated by a City Department while necessarily in use for construction or repair work or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail.
12.07-5 The provisions of this Section shall not apply to the bridge at Old Alviso-Milpitas Road over Coyote Creek just north of Highway 237 which lies partly in the County of Santa Clara and partly within the City of Milpitas, which shall have a maximum limit of 10 tons.
"The provisions of this Section shall not apply to non-commercial recreational vehicles or trailers, including boat and utility trailers, having ingress and egress by direct route to and from said restricted streets when necessary for the purpose of parking, loading, or unloading said recreational vehicle or trailer on said restricted street." SECTION 43. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.10 “Commercial Vehicle Parking Time Limited on Certain Streets” Title V, Chapter 100, Section V-100-12.10 “Commercial Vehicle Parking Time Limited on Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.10 - Commercial Vehicle Parking Time Limited on Certain Streets When authorized signs are in place giving notice thereof, no person shall stop, stand or park any commercial vehicle between the hours of 9:00 p.m. and 6:00 a.m. of any day on any street or portion thereof as described in Subsection V-100-15.24 hereof except to load or unload materials or passengers to the extent described and within the time limits specified in Subsection V-100-11.03 hereof.
SECTION 44. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.12 “Commercial Vehicle Parking Prohibited on Certain Streets” Title V, Chapter 100, Section V-100-12.12 “Commercial Vehicle Parking Prohibited on Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.12 - Commercial Vehicle Parking Prohibited on Certain Streets When authorized signs are in place giving notice thereof, no person shall stop, stand or park any commercial vehicle at any time of any day on any street or portion thereof as described in Subsection V-100-15.25 hereof except to load or unload materials or passengers to the extent described and within the time limits specified in Subsection V-100-11.03 hereof.
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SECTION 45. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.14 “Parking Time Limited On Certain Streets Except By Permit” Title V, Chapter 100, Section V-100-12.14 “Parking Time Limited On Certain Streets Except By Permit” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.14 - Parking Time Limited On Certain Streets Except By Permit
12.14-1 When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle on any of the streets or portions thereof and during the hours prescribed in Subsection V-100-15.26 or V-100-
15.27.posted on authorized signs.
12.14-2 Any vehicle on which is displayed a valid parking permit, as provided for herein, shall be permitted to be parked on such street without being limited by time restrictions established in Section 12.14-1.
12.14-3 Vehicle permits required under Section 12.14-2 shall be issued by the Police Department in accordance with the provisions of this section and in compliance with such administrative procedures as may be required by the Chief of Police. One permit may be issued for each a vehicle which may otherwise be legally parked, owned, or under the control of, a resident of property adjacent to a street within the restricted parking area.
12.14-4 Permits shall be valid until the vehicle is sold or the permittee ceases to be resident of the restricted parking area; at such time the permit will be void and shall be removed from the vehicle. No permit issued hereunder shall be transferred or sold. Replacement permits for vehicles which are sold will be issued without charge upon surrender of the old permit.
12.14-5 The Chief of Police may issue temporary parking permits. A maximum of two guest permits may be issued for each residence within the restricted parking area, upon application of a resident. Each permit shall state the address to which it is issued.
12.14-6 The provisions of this Section shall not apply to any disabled person or disabled veteran whose vehicle displays either a distinguishing license plate or distinguishing placard issued in accordance with either Section 9105 or 22511.5 of the California Vehicle Code.
SECTION 46. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
14.04 “Regulation of Speed by Traffic Signals”
Title V, Chapter 100, Section V-100-14.04 “Regulation of Speed by Traffic Signals” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-14.04 - Reserved Regulation of Speed by Traffic Signals In accordance with the provisions of Section 4.05, the driver of any vehicle shall obey the instructions of any official traffic-control device located as follows:
.1 Serra Way at Main Street.
.2 Deleted by Ord. 43.119.
.3 Great Mall Parkway-Capitol Avenue at Montague Expressway. .4 Dixon Road at Main Street.
.5 Abel Street at Calaveras Boulevard.
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.6 Serra Way at Calaveras Boulevard.
.7 Deleted by Ord. 43.180.
.8 Park Victoria Drive at Calaveras Boulevard.
.9 Abbott Avenue at Calaveras Boulevard.
.10 Washington Drive at North Main Street.
.11 Montague Expressway at Trade Zone Boulevard/McCandless Drive. .12 Montague Expressway at Milpitas Boulevard.
.13 Park Victoria Drive at Landess Avenue.
.14 Park Victoria Drive at Yosemite Drive.
.15 The intersection of North Abel Street, North Main Street, North Milpitas Boulevard, and Jacklin Road. .16 South Abel Street at Serra Way.
.17 North Abel Street at Marylinn Drive.
.18 Milpitas Boulevard at Calaveras Boulevard.
.19 McCarthy Boulevard at Montague Expressway.
.20 McCarthy Boulevard at Barber Lane.
.21 Hillview Drive at Calaveras Boulevard.
.22 Cedar Way at South Main Street.
.23 Escuela Parkway at Jacklin Road.
.24 Hillview Drive at Jacklin Road.
.25 Dixon Landing Road at California Circle/Route 17 ramp. .26 Montague Expressway at Pecten Court/Alpha Beta driveway. .27 McCarthy Boulevard at Tasman Drive.
.28 North Abel Street at Weller Lane.
.29 Great Mall Parkway at McCandless Drive.
.30 North Milpitas Boulevard at Beresford Court.
.31 South Milpitas Boulevard at Yosemite Drive.
.32 North Milpitas Boulevard at Midwick Drive.
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.33 South Main Street at South Abel Street.
.34 North Abel Street at Redwood Avenue.
.35 South Milpitas Boulevard at Los Coches Street.
.36 Deleted by Ord. 43.164.
.37 California Circle at I-880 off-ramp.
.38 Calaveras Boulevard at Temple Drive.
.39 Yellowstone Avenue at Westridge Drive.
.40 South Abel Street at Capitol Avenue.
.41 South Park Victoria Drive at Yellowstone Avenue.
.42 South Abel Street at Corning Avenue.
.43 Jacklin Road at Arizona Avenue.
.44 Landess Avenue at Dempsey Road.
.45 McCarthy Boulevard at Bellew Drive.
.46 Bellew Drive at Cypress Drive.
.47 Landess at Yellowstone.
.48 South Milpitas at Ames.
.49 Jacklin at Park Victoria.
.50 Dixon Landing at Milmont.
.51 McCarthy Boulevard/Ranch Drive (south).
.52 Yosemite/Dempsey.
.53 Yosemite/Sinclair Frontage.
.54 Landess/Clear Lake.
.55 North Main/Weller.
.56 Jacklin Road at I-680 SB on the off ramps.
.57 Jacklin Road at I-680 NB on the off ramp.
.58 Calaveras Boulevard at Gadsden Drive.
.59 North Milpitas Boulevard at Escuela Parkway.
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.60 South Milpitas Boulevard at Gibraltar Drive.
.61 McCarthy Boulevard at Cottonwood Drive.
.62 South Abel Street at Curtis Avenue.
.63 South Main Street at East Curtis Avenue.
.64 South Main Street at Great Mall Drive (formerly Escort Drive) .65 Great Mall Parkway at Centre Pointe Drive.
.66 Great Mall Parkway at South Abel Street.
.67 Great Mall Parkway at South Main Street.
.68 Tasman Drive at Alder Drive.
.69 Tasman Drive at I-880 Southbound on/off ramps.
.70 Great Mall Parkway at Elmwood Access Road/I-880 Northbound off-ramp. .71 Jacklin Road at Hetch Hetchy Crossing.
.72 Pedestrian crossing at California Circle.
.73 McCarthy Boulevard at Sycamore Drive.
.74 S. Park Victoria Drive at Edsel Drive.
.75 S. Park Victoria Drive at Big Basin Drive.
.76 S. Abel Street at Junipero Drive.
.77 N. Milpitas Boulevard at Sunnyhills Court.
.78 McCarthy Boulevard/Ranch Drive (north).
.79 Ranch Drive/McCarthy Ranch.
SECTION 47. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.01 “One-Way Streets”
Title V, Chapter 100, Section V-100-15.01 “One-Way Streets” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.01 - Reserved One-Way Streets
In accordance with the provisions of Section 6.01 the following streets, alleys, or portions thereof are hereby designated as one-way streets.
.1 The westerly portion of Escuela Parkway is hereby designated as one-way in a southerly direction. 168
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.2 The easterly portion of Escuela Parkway is hereby designated as one-way in a northerly direction. .3 The southerly portion of Carlo Street extending from the intersection of Calaveras Boulevard and Abel Street to Main Street is hereby designated as one-way in an easterly direction.
SECTION 48. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.03 “Stop Intersections”
Title V, Chapter 100, Section V-100-15.03 “Stop Intersections” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.03 - Reserved Stop Intersections
In accordance with the provisions of Section 7.01 and where signs are erected giving notice thereof, drivers of vehicles shall stop at the entrance or entrances to these intersections described as follows:
.1 Deleted by Ord. 43.114.
.2 Entrance of Sinnott Lane upon Main Street.
.3 Entrance of Corning Avenue upon Main Street.
.4 Entrance of roadway from Gates 7 and 8 at Ford Motor Company Plant on Main Street. [Text continues on page 265]
.5 Entrance of Casper upon Spence.
.6 Entrance of Whittier upon Spence.
.7 Entrance of Spence upon Abbott Avenue.
.8 Entrance of Vegas Avenue upon Dixon Road.
.9 Entrance of Rudyard Avenue upon Abbott to include traffic moving both east and west. .10 Entrance of Keniston Avenue upon Abbott Avenue.
.11 Entrance of Marylinn Drive upon Abbott Avenue to include traffic moving both east and west. .12 Entrance of Ashland Drive upon Carnegie Drive to include traffic moving west only. .13 Entrance of Gadsden Drive upon Canton.
.14 Entrance of Roswell upon Canton to include traffic moving both north and south. .15 Entrance of Ames Avenue upon Sinclair Frontage Road. .16 Deleted by Ord. 43.114.
.17 Deleted by Ord. 43.150.
.18 At the intersection of Sylvia Avenue and Abel Street, stopping eastbound traffic on Sylvia Avenue. 169
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.19 At the entrance(s) onto Abel Street from the Elmwood Rehabilitation Center. .20 Deleted by Ord. 43.168.
.21 Deleted by Ord. 43.148.
.22 At the intersection of Conway Street with Dixon Road, stopping southbound traffic turning onto Dixon Road. .23 At the intersection of Gadsden Drive with Calaveras Boulevard, stopping southbound traffic on Gadsden Drive.
.24 At the intersection of Conway Street with Dixon Road, stopping traffic moving in a northerly direction on Conway Street.
.25 At the intersection of Heath Street with Abbott Avenue, stopping all traffic moving upon Heath Street at said intersection with Abbott Avenue.
.26 At the intersection of Smithwood Street with Abbott Avenue, stopping all traffic moving upon Smithwood Street at its intersection with Abbott Avenue.
.27 At the intersection of Piper Drive with Montague Expressway, stopping all traffic moving upon Piper Drive at the intersection with Montague Expressway.
.28 At the intersection of Krismer Street with Marylinn Drive, stopping all traffic moving upon Krismer Street at said intersection with Marylinn Drive.
.29 At the intersection of Barker Street with Marylinn Drive, stopping all traffic moving upon Barker Street at said intersection with Marylinn Drive.
.30 At the intersection of Penitencia Street with Marylynn Drive, stopping all traffic moving northbound upon Penitencia Street at its intersection with Marylinn Drive, and stopping all traffic moving southbound upon Penitencia Street at its intersection with Marylinn Drive. .31 Deleted by Ord. 43.114.
.32 Deleted by Ord. 43.66.
.33 At the intersection of the driveway from the Students Parking Lots at Samuel Ayer High School with Calaveras Boulevard, stopping all traffic moving upon said driveway at its intersection with Calaveras Boulevard. .34 At the intersection of the driveway from the Faculty Parking Lot at Samuel Ayer High School with Calaveras Boulevard., stopping all traffic moving upon said driveway at said intersection with Calaveras Boulevard. .35 Deleted by Ord. 43.148.
.36 At the intersection of Jupiter Drive with Temple Drive, stopping all traffic moving upon Jupiter Drive at its intersection with Temple Drive.
.37 At the intersection of Burley Drive with Temple Drive, stopping all traffic moving east and west upon Burley Drive at its intersection with Temple Drive.
.38 At the intersection of Canton Drive with Temple Drive, stopping all traffic moving east and west upon Canton Drive at its intersection with Temple Drive.
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.39 At the intersection of Wylie Drive with Temple Drive, stopping all traffic westbound on Wylie Drive. .40 At the intersection of Ashland Drive with Roswell Drive, stopping all traffic moving upon Ashland Drive at its intersection with Roswell Drive.
.41 At the intersection of Wilson Way with North Milpitas Boulevard, stopping all traffic moving easterly upon Wilson Way.
.42 Deleted by Ord. 43.109.
.43 At the intersection of Selwyn Drive with Dempsey Road, stopping all traffic moving from Selwyn Drive onto Dempsey Road (Selwyn Drive, a loop street, intersects with Dempsey Road twice; it is the intent hereof to stop traffic entering Dempsey Road at both intersections of Selwyn Drive and Dempsey Road) .44 At the intersection of Shirley Drive with Dempsey Road, stopping all traffic moving from Shirley Drive onto Dempsey Road.
.45 At the intersection of Edsel Drive with Dempsey Road, stopping all traffic moving from Edsel Drive onto Dempsey Road.
.47 At the intersection of Penitencia Street at Abel Street, stopping all traffic moving from Penitencia Street onto Abel Street.
.48 At the intersection of South Abel Street and Curtis Avenue, stopping westbound traffic on Curtis Avenue. .49 At the intersection of South Main Street and East Curtis Avenue, stopping eastbound and westbound traffic on East Curtis Avenue.
.50 At the intersection of Mercury Court and Carnegie Drive, stopping all traffic westbound on Mercury Court and entering Carnegie Drive.
.51 At the intersection of Saturn Court and Carnegie Drive, stopping all traffic westbound on Saturn Court and entering Carnegie Drive.
.52 At the intersection of Temple Drive with Yosemite Drive, stopping all traffic southbound on Temple Drive. .53 At the intersection of Roswell Drive with Yosemite Drive, stopping all traffic southbound on Roswell Drive. .54 At the intersection of Carnegie Drive and Yosemite Drive, stopping all traffic moving southbound on Carnegie Drive.
.55 At the intersection of Freeland Drive and Carnegie Drive, stopping all traffic westbound on Freeland Drive. .56 At the intersection of Edsel Drive and Roswell Drive, stopping westbound traffic on Edsel Drive. .57 At the intersection of Edsel Drive and Roswell Drive, stopping eastbound traffic on Edsel Drive. .58 At the intersection of Edsel Drive and Temple Drive, stopping all traffic moving east on Edsel Drive. .59 At the intersection of Edsel Drive and Temple Drive, stopping all traffic moving east and west on Edsel Drive.
.60 At the intersection of Bixby Drive and Burley Drive, stopping all traffic moving north on Bixby Drive. 171
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.61 At the intersection of Bixby Drive and Burley Drive, stopping all traffic moving south on Bixby Drive. .62 At the intersection of Bixby Drive and Canton drive, stopping all traffic moving north on Bixby Drive. .63 At the intersection of Bixby Drive and Canton Drive, stopping all traffic moving south on Bixby Drive. .64 At the intersection of Bixby Drive and Wylie Drive, stopping all traffic moving north on Bixby Drive. .65 At the intersection of Bixby Drive and Wylie Drive stopping all traffic moving south on Bixby Drive. .66 At the intersection of Boulder Street and Arizona Avenue, stopping all traffic moving west on Boulder Street. .67 At the intersection of Boyd Street and Arizona Avenue, stopping all traffic moving west on Boyd Street. .68 At the intersection of Hazen Street and Arizona Avenue, stopping all traffic moving west on Hazen Street. .69 At the intersection of Coelho Street and Arizona Avenue, stopping all traffic moving east on Coelho Street. .70 At the intersection of Coelho Street and Arizona Avenue, stopping all traffic moving west on Coelho Street. .71 At the intersection of Valmy Street and Arizona Avenue, stopping all traffic moving east on Valmy Street. .72 At the intersection of Valmy Street and Arizona Avenue, stopping all traffic moving west on Valmy Street. .73 At the intersection of Arizona Avenue and Washington Drive, stopping all traffic moving north on Arizona Avenue.
.74 At the intersection of Arizona Avenue and Washington Drive, stopping all traffic moving south on Arizona Avenue.
.75 At the intersection of Fontainbleu Avenue and Washington Drive, stopping all traffic moving north on Fontainbleu Avenue.
.76 At the intersection of Edsel Drive with Carnegie Drive, stopping all traffic moving eastbound and westbound on Edsel Drive.
.77 At the intersection of Cortez Street and Coelho Street, stopping all traffic moving northbound and southbound on Cortez Street.
.78 At the intersection of Dennis Avenue and Lynn Avenue, stopping all eastbound traffic on Dennis Avenue. .79 At the intersection of Dennis Avenue and Lynn Avenue, stopping all westbound traffic on Dennis Avenue. .80 At the intersection of Calaveras Court and Calaveras Boulevard, stopping all traffic entering Calaveras Boulevard from Calaveras Court.
.81 Deleted by Ord. 43.114.
.82 At the intersection of Edsel Drive and Carnegie Drive, stopping all traffic moving northbound on Carnegie Drive.
.83 At the intersection of Edsel Drive and Carnegie Drive, stopping all traffic moving southbound on Carnegie Drive.
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.84 At the intersection of Canton Drive and Carnegie Drive, stopping all traffic moving northbound on Carnegie Drive.
.85 At the intersection of Canton Drive and Carnegie Drive, stopping all traffic moving southbound on Carnegie Drive.
.86 At the intersection of Canton Drive and Park Victoria Drive, stopping all traffic on Canton Drive. .87 Deleted by Ord. 43.193.
.88 Deleted by Ord. 43.193.
.89 At the intersection of Acadia Avenue and Park Victoria Drive, stopping all traffic eastbound on Acadia Avenue.
.90 At the intersection of Shirley Drive with Edsel Drive, stopping all traffic entering the intersection from Shirley Drive.
.91 Deleted by Ord. 43.150.
.92 Deleted by Ord. 43.114.
.93 At the intersection of Mt. Shasta and Park Victoria Drive, stopping all traffic entering the intersection from the east and from the west on Mt. Shasta.
.94 Deleted by Ord. 43.193.
.95 At the intersection of South Park Victoria Drive with Clear Lake Avenue, stopping all westbound traffic entering the intersection from Clear Lake Avenue.
.96 At the intersection of South Park Victoria Drive and Sonoma Drive, stopping all westbound traffic entering the intersection from Sonoma Drive.
.97 At the intersection of South Park Victoria Drive with Portola Drive, stopping all westbound traffic entering the intersection from Portola Drive.
.98 At the intersection of South Park Victoria Drive with Mt. Diablo Avenue, stopping all westbound traffic entering the intersection from Mt. Diablo Avenue.
.99 Deleted by Ord. 43.150.
.100 At the intersection of South Park Victoria Drive with Saratoga Drive, stopping all westbound traffic entering the intersection from Saratoga Drive.
.101 At the intersection of South Park Victoria Drive with Platt Avenue, stopping all westbound and eastbound traffic entering the intersection from Platt Avenue.
.102 At the intersection of South Park Victoria Drive with Olympic Drive, stopping all westbound and eastbound traffic entering the intersection from Olympic Drive.
.103 At the intersection of South Park Victoria with Lassen Avenue, stopping all westbound and eastbound traffic entering the intersection from Lassen Avenue.
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.104 At the intersection of South Park Victoria Drive with Glacier Drive, stopping all westbound and eastbound traffic entering the intersection from Glacier Drive.
.105 At the intersection of Park Grove Drive with No. Park Victoria Drive, stopping all traffic entering No. Park Victoria Drive from Park Grove Drive.
.106 At the intersection of Park Heights Drive with No. Park Victoria Drive, stopping all traffic entering No.
Park Victoria from Park Heights Drive.
.107 At the intersection of Park View Drive with No. Park Victoria Drive, stopping all traffic entering No. Park Victoria Drive from Park View Drive.
.108 At the intersection of Conway Drive with Coelho Street, stopping all traffic entering Coelho Street from Conway Drive.
.109 Deleted by Ord. 43.114.
.110 At the intersection of Canton Drive and Carnegie Drive, stopping all traffic eastbound on Canton Drive. .111 At the intersection of Canton Drive and Carnegie Drive, stopping all traffic westbound on Canton Drive. .112 At the intersection of Adams Avenue with Gadsden Drive, stopping all eastbound and westbound traffic entering the intersection from Adams Avenue.
.113 At the intersection of Perry Street with Edsel Drive, stopping all southbound traffic entering the intersection from Perry Street.
.114 At the intersection of Madalen Drive with Russell Lane, stopping all traffic entering the intersection from Madalen Drive.
.115 Deleted by Ord. 43.68.
.116 Deleted by Ord. 43.120.
.117 At the intersection of Cedar Court with Cedar Way, stopping all traffic entering the intersection from Cedar Court.
.118 At the intersection of Cedar Way with Fallen Leaf Drive, stopping all traffic entering the intersection from Cedar Way.
.119 At the intersection of Greenwood Way at Fallen Leaf Drive, stopping all northbound and southbound traffic entering Fallen Leaf Drive.
.120 At the intersection of Pinewood Way with Fallen Leaf Drive, stopping all northbound and southbound traffic entering the intersection from Pinewood Way.
.121 At the intersection of Starlite Drive and Fallen Leaf Drive, stopping all northbound and southbound traffic entering the intersection from Starlite Drive.
.122 At the intersection of Escuela Parkway with Washington Drive, stopping all northbound traffic entering the intersection from Escuela Parkway.
.123 At the intersection of Sequoia and Yellowstone, stopping all traffic southbound on Sequoia. 174
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.124 At the intersection of Spence and Butler, stopping all westbound traffic on Spence. .125 At the intersection of Spence and Butler, stopping all eastbound traffic on Spence. .126 At the intersection of Butler and Calaveras Boulevard, stopping all southbound traffic on Butler. .127 Deleted by Ord. 43.114.
.128 Deleted by Ord. 43.138.
.129 At the intersection of Valley Way and Abbott, stopping all eastbound traffic on Valley Way. .130 Deleted by Ord. 43.109.
.131 At the intersection of Tahoe Drive and Yellowstone Avenue, stopping all eastbound traffic on Tahoe Drive. .132 At the intersection of Rocky Mountain Avenue and Yellowstone Avenue stopping both eastbound and westbound traffic on Rocky Mountain Avenue.
.133 At the intersection of Butano Drive and Yellowstone Avenue, stopping all eastbound traffic on Butano Drive.
.134 At the intersection of Fallen Leaf with Evergreen Way, stopping eastbound on Evergreen Way. .135 At the intersection of Fallen Leaf with Greentree Way, stopping all east and westbound traffic on Greentree Way.
.136 At the intersection of Fallen Leaf with Lone Tree Way, stopping east and westbound traffic on Lone Tree way.
.137 Deleted by Ord. 43.196.
.138 At the intersection of Moon Court and Capitol Avenue, stopping southbound traffic on Moon Court. .139 At the intersection of Moonbeam Way and Capitol Avenue, stopping northbound traffic on Moonbeam Way.
.140 At the intersection of Fallen Leaf Drive and Capitol Avenue, stopping traffic northbound on Fallen Leaf Drive.
.141 At the intersection of Sun Court at Fallen Leaf Drive, stopping traffic westbound on Sun Court. .142 At the intersection of Polaris Court and Fallen Leaf Drive, stopping traffic westbound on Polaris Court. .143 At the intersection of Woodland Way and Fallen Leaf Drive, stopping traffic eastbound on Woodland Way. .144 At the intersection of Woodland Way and Fallen Leaf Drive, stopping westbound traffic on Woodland Way. .145 At the intersection of the Main parking lot of Levin County Park and Calaveras Blvd., stopping traffic entering onto Calaveras Boulevard.
.146 At the intersection of Evening Star Court and Capitol Avenue, stopping traffic southbound on Evening Star Court.
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.147 At the intersection of Stellar Way and Capitol Avenue, stopping traffic northbound on Stellar Way. .148 At the intersection of Sunrise Way and Capitol Avenue, stopping traffic northbound on Sunrise Way. .149 At the intersection of Stardust Way and Capitol Avenue, stopping traffic northbound on Stardust Way. .150 At the intersection of Moonlight Way and Capitol Avenue, stopping traffic northbound on Moonlight Way. .151 At the intersection of Abbott Avenue and Marylinn Drive, stopping traffic moving northbound and southbound on Abbott Drive.
.152 At the intersection of Park Hill Drive and Ayer Street, stopping traffic southbound on Park Hill Drive. .153 At the intersection of Ayer Street and North Park Victoria Drive, stopping traffic eastbound on Ayer Street. .154 At the intersection of Kennedy Drive and North Park Victoria Drive, stopping traffic eastbound on Kennedy Drive.
.155 At the intersection of Kennedy Drive and North Park Victoria Drive, stopping traffic westbound on Kennedy Drive.
.156 At the intersection of Guerrero Court and North Park Victoria Drive, stopping traffic westbound on Guerrero Court.
.157 At the intersection of Admire Court and North Park Victoria Drive, stopping traffic westbound on Admire Court.
.158 At the intersection of Torres Avenue and North Park Victoria Drive, stopping traffic eastbound on Torres Avenue.
.159 At the intersection of Burdett Way and North Park Victoria Drive, stopping traffic eastbound on Burdett Way.
.160 At the intersection of Traughber Street and North Park Victoria Drive, stopping traffic eastbound on Traughber Street.
.161 At the intersection of Calle Oriente and North Park Victoria Drive, stopping traffic eastbound on Calle Oriente.
.162 At the intersection of Calle Oriente and North Park Victoria Drive, stopping traffic westbound on Calle Oriente.
.163 Deleted by Ord. 43.109.
.164 At the intersection of Petersburg Drive and Piedmont Road, stopping traffic eastbound on Petersburg Drive. .165 At the intersection of Bliss Avenue and Piedmont Road, stopping traffic eastbound on Bliss Avenue. .166 At the intersection of Mesa Verde Drive and Piedmont Road, stopping traffic eastbound on Mesa Verde Drive.
.167 At the intersection of Shiloh Avenue and Piedmont Road, stopping traffic eastbound on Shiloh Avenue. 176
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.168 At the intersection of Seacliff Drive and Piedmont Road, stopping traffic eastbound on Seacliff Drive. .169 At the intersection of Yosemite Drive and Piedmont Road, stopping traffic eastbound on Yosemite Drive. .170 At the intersection of Fallen Leaf Drive and Pinewood Way (Court), stopping all traffic north and southbound on Fallen Leaf Drive.
.171 At the intersection of Starlite Drive and Timber Way, stopping all traffic north and southbound on Starlite Drive.
.172 At the intersection of Timber Way and Starlite Drive, stopping traffic eastbound on Timber Way. .173 Deleted by Ord. 43.66.
.174 At the intersection of Dempsey Road with Park Victoria Drive, stopping traffic eastbound on Dempsey Road.
.175 At the intersection of Dempsey Way and Calaveras Blvd., stopping traffic northbound on Dempsey Way. .176 Deleted by Ord. 43.67.
.177 At the intersection of Butler Street and Spence Avenue, stopping traffic northbound and southbound on Butler Street.
.179 At the intersection of Railroad Avenue and Railroad Court, stopping westbound traffic on Railroad Avenue. .180 At the intersection of Fanyon Street and Kennedy Drive, stopping traffic entering onto Kennedy Drive. .181 At the intersection of Dixon Road and Arizona Street, stopping traffic north and southbound on Arizona Street.
.182 At the intersection of Yosemite Drive and Falcato Drive, stopping traffic entering onto Yosemite Drive. .183 At the intersection of Edsel Drive and Falcato Drive, stopping traffic entering onto Edsel Drive. .184 At the intersection of Dempsey Way and Dempsey Road, stopping traffic entering onto Dempsey Road. .185 At the intersection of Downing Road and Calaveras Blvd., stopping traffic entering onto Calaveras Blvd. .186 Deleted by Ord. 43.109.
.187 Deleted by Ord. 43.99.
.188 At the intersection of the driveway from the Students Parking Lot at the Milpitas High School with Escuela Parkway, stopping all traffic entering onto Escuela Parkway. .189 At the intersection of the driveway from the Students Parking Lot at the Milpitas High School with Arizona Street, stopping all traffic entering onto Arizona Street. .190 At the intersection of Arizona Street and Rose Drive, stopping traffic entering onto Arizona Street. .191 At the intersection of Arizona Street and Garcia Court, stopping traffic entering onto Arizona Street. 177
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.192 At the intersection of Duarte Court and Arizona Street, stopping traffic entering onto Arizona Street. .193 At the intersection of Golden Hill Drive and North Temple Drive, stopping traffic entering onto North Temple Drive.
.194 At the intersection of Old Evans Road and Kennedy Drive, stopping southbound traffic on Old Evans Road. .195 At the intersection of Lynn Avenue and Kennedy Drive, stopping traffic entering onto Kennedy Drive. .196 At the intersection of North Temple Drive and Kennedy Drive, stopping traffic entering onto Kennedy Drive.
.197 At the intersection of North Temple Drive and Dennis Avenue, stopping traffic east and westbound onto North Temple Drive.
.198 Deleted by Ord. 43.117.
.199 At the intersection of View Drive and North Temple Drive, stopping traffic entering onto North Temple Drive.
.200 At the intersection of Arana Court and North Temple Drive, stopping traffic entering onto North Temple Drive.
.201 At the intersection of Fair Hill Drive and North Temple Drive, stopping traffic entering onto North Temple Drive.
.202 At the intersection of North Park Victoria Drive and Kennedy Drive, stopping traffic southbound on Park Victoria Drive.
. 00Deleted by Ord. 43.114.
.204 At the intersection of Berryessa and Marylinn Drive, stopping traffic southbound on Berryessa. .200 At the intersection of Vasona and Marylinn Drive, stopping traffic southbound on Vasona Street. .206 Deleted by Ord. 43.133.
.207 At the intersection of Fallen Leaf Drive at Cedar Way, stopping northbound and southbound traffic on Fallen Leaf Drive.
.208 At the intersection of Adams Avenue and North Temple Drive, stopping eastbound traffic on Adams Avenue.
.209 At the intersection of Yosemite Drive and Sequoia Drive, stopping east and westbound traffic on Yosemite Drive.
.210 At the intersection of Traughber Street at North Park Victoria Drive, stopping westbound traffic on Traughber Street.
.211 At the intersection of Lynn Avenue and Adams Avenue, stopping southbound traffic on Lynn Avenue. .212 At the intersection of Canton Drive and South Temple Drive, stopping northbound and southbound traffic on Temple Drive.
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.213 At the intersection of the southwest Wool Lake parking lot exit at Downing Road, stopping traffic moving from the parking lot exit onto Downing Road.
.214 At the intersection of Greathouse Drive and Conway Street, stopping westbound traffic on Greathouse Drive.
.215 Deleted by Ord. 43.140.
.216 At the intersection of Ethyl Street and Junipero Drive, stopping northbound traffic on Ethyl Street. .217 At the intersection of Ethyl Street and Corning Avenue, stopping southbound traffic on Ethyl Street. .218 At the intersection of Columbus Drive and Russell Lane, stopping northbound traffic on Columbus Drive. .219 At the intersection of Russell Lane and Escuela Parkway, stopping westbound traffic on Russell Lane. .220 At the intersection of Poppy Lane and Calaveras Boulevard, stopping southbound traffic on Poppy Lane. .221 At the intersection of Poppy Lane and Evans Road, stopping eastbound traffic on Poppy Lane. .222 At the intersection of Strawberry Lane and North Temple Drive, stopping westbound traffic on Strawberry Lane.
.223 At the intersection of Canton Drive and Roswell Drive, stopping eastbound and westbound traffic on Canton Drive.
.225 Deleted by Ord. 43.196.
.226 At the intersection of Sunnyhills Drive (private) and Dixon Road, stopping northbound traffic on Sunnyhills Drive.
.227 At the intersection of Lowland Court and Landess Avenue, stopping southbound traffic on Lowland Court. .228 At the intersection of Highland Court and Landess Avenue, stopping southbound traffic on Highland Court. .229 Deleted by Ord. 43.130.
.230 Deleted by Ord. 43.120.
.231 At the intersection of Martil Way and Escuela Parkway, stopping westbound and eastbound traffic on Martil Way.
.232 At the intersection of Corinthia Drive and Escuela Parkway, stopping westbound and eastbound traffic on Corinthia Drive.
.233 At the intersection of Clauser Drive and Escuela Parkway, stopping westbound traffic on Clauser Drive. .234 At the intersection of Parvin Drive and Escuela Parkway, stopping westbound traffic on Parvin Drive. .235 At the intersection of Singley Drive and Escuela Parkway, stopping westbound and eastbound traffic on Singley Drive.
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.236 At the intersection of Tramway Drive and Escuela Parkway, stopping westbound and eastbound traffic on Tramway Drive.
.237 Deleted by Ord. 43.141.
.239 At the intersection of Wrigley Way and Sinclair Frontage Road, stopping eastbound traffic on Wrigley Way.
.240 At the intersection of Vista Way and Yosemite Drive, stopping southbound traffic on Vista Way. .241 Deleted by Ord. 43.114.
.242 Deleted by Ord. 43.164.
.243 Deleted by Ord. 43.164.
.244 Deleted by Ord. 43.109.
.245 Deleted by Ord. 43.133.
.246 At the intersection of Rudyard Drive and Heath Street, stopping westbound traffic on Rudyard Drive. .247 Deleted by Ord. 43.150.
.248 At the intersection of LaCrosse Drive and Canton Drive, stopping northbound and southbound traffic on LaCrosse Drive.
.249 Deleted by Ord. 43.143.
.250 At the intersection of Hillview Drive and Los Coches Street, stopping northbound and southbound traffic on Hillview Drive.
.251 At the intersection of Coyote Street and Redwood Avenue, stopping northbound and southbound traffic on Coyote Street.
.252 At the intersection of Campbell Street and Jacklin Road, stopping southbound traffic on Campbell Street. .253 At the intersection of Hamilton Avenue and Jacklin Road, stopping northbound traffic on Hamilton Avenue. .254 At the intersection of Kevenaire Drive and Hillview Drive, stopping eastbound traffic on Kevenaire Drive. .255 At the intersection of Daniel Court and North Park Victoria Drive, stopping eastbound and westbound traffic on Daniel Court.
.256 At the intersection of Mt. Shasta Avenue and Dempsey Road, stopping westbound traffic on Mt. Shasta Avenue.
.257 At the intersection of Carlsbad Street and Yosemite Drive, stopping northbound traffic on Carlsbad Street. .258 At the intersection of Monmouth Drive and Edsel Drive, stopping southbound traffic on Monmouth Drive. .259 At the intersection of Firethorn Street and North Milpitas Boulevard, stopping westbound traffic on Firethorn Street.
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35 Ordinance No. _____
.260 Deleted by Ord. 43.164.
.261 At the intersection of Minnis Circle and North Milpitas Boulevard, stopping eastbound traffic on Minnis Circle.
.262 At the intersection of Sequoia Drive and Shenandoah Avenue, stopping eastbound and westbound traffic on Shenandoah Avenue.
.263 At the intersection of Sequoia Drive and Big Bend Drive, stopping eastbound and westbound traffic on Big Bend Drive.
.264 At the intersection of Sequoia Drive and Crater Lake Avenue, stopping eastbound and westbound traffic on Crater Lake Avenue.
.265 At the intersection of Sequoia Drive and Everglades Drive, stopping eastbound and westbound traffic on Everglades Drive.
.266 At the intersection of Sequoia Drive and Mt. Rainier Avenue, stopping eastbound traffic on Mt. Rainier Avenue.
.267 At the intersection of Sequoia Drive and Grand Teton Drive, stopping eastbound and westbound traffic on Grand Teton Drive.
.269 Deleted by Ord. 43.164.
.270 At the intersection of Hillview Drive and Russell Lane, stopping eastbound traffic on Russell Lane. .271 At the intersection of Hillview Drive and Horcajo Street, stopping eastbound traffic on Horcajo Street. .272 At the intersection of South Park Victoria Drive and Edsel Drive, stopping northbound and southbound traffic on South Park Victoria Drive.
.273 At the intersection of Falcato Drive and Lacey Drive, stopping westbound traffic on Lacey Drive. .274 At the intersection of North Milpitas Blvd. and Escuela Parkway, stopping northbound and southbound traffic on North Milpitas Blvd.
.275 At the intersection of Escuela Parkway and Hamilton Avenue, stopping traffic entering Escuela Parkway from Hamilton Avenue.
.276 At the intersection of North Milpitas Blvd. and Tramway Drive, stopping westbound traffic on Tramway Drive.
.277 At the intersections of Horcajo Circle and Hillview Drive, stopping westbound traffic on Horcajo Circle. .278 At the intersection of Escuela Parkway and Hamilton Avenue, stopping northbound and southbound traffic on Escuela Pkwy.
.279 At the intersection of Escuela Parkway and Angus Drive, stopping westbound traffic on Augus Drive. .280 At the intersection of South Park Victoria Drive and Canton Drive, stopping northbound and southbound traffic on South Park Victoria Drive.
.281 Deleted by Ord. 43.150.
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36 Ordinance No. _____
.282 At the intersection of Abbott Avenue and Rudyard Drive, stopping northbound and southbound traffic on Abbott Avenue.
.283 Deleted by Ord. 43.141.
.284 At the intersection with Donahe Drive and Escuela Parkway, stopping eastbound traffic on Donahe Drive. .285 At the intersection of Escuela Place and Escuela Parkway, stopping traffic entering Escuela Parkway. .286 At the intersection of Dundee Avenue and Angus Drive, stopping north and southbound traffic on Dundee Avenue.
.287 At the intersection of Santa Rita Drive and Tramway Drive, stopping northbound and southbound traffic on Santa Rita Drive.
.288 At the intersection of Los Pinos Avenue and Santa Rita Drive, stopping eastbound traffic on Los Pinos Avenue.
.289 At the intersection of Aberdeen Way and Los Pinos Avenue, stopping northbound traffic on Aberdeen Way. .290 At the intersection of Wessex Place and North Park Victoria Drive, stopping westbound traffic on Wessex Place.
.291 At the intersection of Carson Way and North Park Victoria Drive, stopping westbound traffic on Carson Way.
.292 At the intersection of London Drive and North Park Victoria Drive, stopping westbound traffic on London Drive.
.293 At the intersection of Wellington Drive and London Drive, stopping southbound traffic on Wellington Drive.
.294 At the intersection of Stirling Drive and North Park Victoria Drive, stopping westbound traffic on Stirling Drive.
.295 At the intersection of Kirkwall Place and North Park Victoria Drive, stopping westbound traffic on Kirkwall Pl.
.296 At the intersection of Sussex Place and North Park Victoria Drive, stopping westbound traffic on Sussex Place.
.297 At the intersection of Devon Drive and North Park Victoria Drive, stopping eastbound traffic on Devon Drive.
.298 At the intersection of Bolton Drive and North Park Victoria Drive, stopping westbound traffic in Bolton Drive.
.299 At the intersection of Hamilton Ave. and Tramway Dr., stopping northbound and southbound traffic on Hamilton Ave.
.300 At the intersection of Creed Street and North Park Victoria Drive, stopping eastbound traffic on Creed Street.
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37 Ordinance No. _____
.301 At the intersection of Nicklaus Avenue and North Park Victoria Drive, stopping northbound traffic on Nicklaus Avenue.
.302 At the intersection of Pacheco Drive and Hillview Drive, stopping eastbound traffic on Pacheco Drive. .303 At the intersection of Las Lomas Drive and Hillview Drive, stopping eastbound traffic on Las Lomas Drive. .304 At the intersection of Alcosta Drive and Hillview Drive, stopping eastbound traffic on Alcosta Drive. .305 At the intersection of Los Positos Drive and Hillview Drive, stopping eastbound traffic on Los Positos Drive.
.306 At the intersection of DeAnza Court and Hillview Drive, stopping eastbound traffic on DeAnza Court. .307 At the intersection of Tramway Drive and Hillview Drive, stopping eastbound traffic on Tramway Drive. .308 At the intersection of Tassasara Drive and Hillview Drive, stopping eastbound traffic on Tassasara Drive. .309 At the intersection of Canada Drive and Hillview Drive, stopping eastbound traffic on Canada Drive. .310 At the intersection of Prada Drive and Kennedy Drive, stopping southbound traffic on Prada Drive. .311 At the intersection of Simas Drive and Kennedy Drive, stopping southbound traffic on Simas Drive. .312 At the intersection of Simas Drive and Stemel Way, stopping northbound traffic on Simas Drive. .313 At the intersection of Quail Drive and Simas Drive, stopping westbound traffic on Quail Drive. .314 Deleted by Ord. 43.133.
.315 At the intersection of Stemel Way and Evans Road, stopping eastbound traffic on Stemel Way. .316 At the intersection of McCarthy Blvd. and Cottonwood Drive, stopping northbound and southbound traffic on McCarthy Blvd.
.317 At the intersection of Cottonwood Drive and McCarthy Blvd., stopping westbound traffic on Cottonwood Drive.
.318 Deleted by Ord. 43.187.
.319 Deleted by Ord. 43.187.
.320 At the intersection of Buckeye Drive and Cottonwood Drive, stopping southbound traffic on Buckeye Drive. .321 At the intersection of Buckeye Drive and Sycamore Drive, stopping northbound traffic on Buckeye Drive. .322 At the intersection of Cottonwood Drive and Barber Lane, stopping eastbound traffic on Cottonwood Drive. .323 At the intersection of Sycamore Drive and Barber Lane, stopping eastbound traffic on Sycamore Drive. .324 At the intersection of El Camino Higuera and N. Park Victoria Dr., stopping southbound traffic on El Camino Higuera.
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38 Ordinance No. _____
.325 At the intersection of Zamora Court and El Camino Higuera, stopping westbound traffic on Zamora Court. .326 At the intersection of Uridias Ranch Road and Piedmont Road, stopping westbound traffic on Uridias Ranch Road.
.327 At the intersection of Aguilar Court and Piedmont Road, stopping westbound traffic on Aguilar Court. .328 At the intersection of Cirolero Street and Escuela Parkway, stopping westbound traffic on Cirolero Street. .329 At the intersection of Manzano Street and Escuela Parkway, stopping westbound traffic on Manzano Street. .330 At the intersection of Midwick Drive and Arizona Avenue, stopping westbound traffic on Midwick Drive. .331 At the intersection of Berrendo Drive and Arizona Avenue, stopping eastbound traffic on Berrendo Drive. .332 At the intersection of Vienna Drive and Arizona Avenue, stopping eastbound traffic on Vienna Drive. .333 Deleted by Ord. 43.141.
.334 At the intersection of Jacklin Court and Jacklin Road, stopping traffic entering onto Jacklin Road. .335 At the intersection of Hanson Court and North Milpitas Boulevard, stopping traffic entering onto North Milpitas Boulevard.
.336 At the intersection of Country Club Drive and North Park Victoria Drive, stopping westbound traffic on Country Club Drive.
.337 At the intersection of Big Bear Court and Mt. Shasta Avenue, stopping northbound and southbound traffic on Big Bear Court.
.338 At the intersection of Matterhorn Court and Mt. Shasta Avenue, stopping northbound and southbound traffic on Matterhorn Court.
.339 At the intersection of Jungfrau Court and Mt. Shasta Avenue, stopping northbound and southbound traffic on Jungfrau Court.
.340 At the intersection of Courtland Avenue and Mt. Shasta Avenue, stopping northbound traffic on Courtland Avenue.
.341 At the intersection of Courtland Court and Mt. Shasta Avenue, stopping southbound traffic on Courtland Court.
.342 At the intersection of Chewpon Avenue and Dempsey Road, stopping westbound traffic on Chewpon Avenue.
.343 Deleted by Ord. 43.117.
.344 Deleted by Ord. 43.143.
.345 At the intersection of Turquoise Street and South Milpitas Boulevard, stopping eastbound traffic on Turquoise Street.
.346 At the intersection of Norwich Avenue and Barker Street, stopping westbound traffic on Norwich Avenue. 184
39 Ordinance No. _____
.347 At the intersection of Vienna Drive and Fontainbleu Avenue, stopping westbound and eastbound traffic on Vienna Drive.
.348 Deleted by Ord. 43.164.
.349 At the intersection of the driveway from the Town Center with Hillview Drive, stopping all traffic entering Hillview Drive.
.350 At the intersection of Barker Street and Rudyard Drive, stopping southbound traffic on Barker Street. .351 At the intersection of Carlo Street and South Main Street, stopping eastbound traffic on Carlo Street. .352 At the intersection of East Carlo Street and North Main Street, stopping westbound traffic on East Carlo Street.
.353 Deleted by Ord. 43.150.
.354 At the intersection of Jacklin Place and Jacklin Road stopping traffic entering on Jacklin Road. .355 At the intersection of Buckeye Court and Buckeye Drive, stopping eastbound traffic on Buckeye Court. .356 At the intersection of Hillview Drive and Yosemite Drive, stopping southbound traffic on Hillview Drive. .357 Deleted by Ord. 43.141.
.358 Deleted by Ord. 43.184.
.359 At the intersection of Gibraltar Court and Gibraltar Drive, stopping southbound traffic on Gibraltar Court. .360 Deleted by Ord. 43.184.
.361 At the intersection of Folsom Drive and North Milpitas Boulevard, stopping eastbound traffic on Folsom Drive.
.362 At the intersection of Paseo Refugio and Hillview Drive, stopping eastbound traffic on Paseo Refugio. .363 At the intersection of Downing Road and Old Calaveras Road, stopping southbound traffic on Downing Road.
.364 At the intersection of Tramway Drive and North Milpitas Boulevard, stopping eastbound traffic on Tramway Drive.
.365 At the intersection of Erie Drive and North Milpitas Boulevard, stopping eastbound traffic on Erie Drive. .366 Deleted by Ord. 43.141.
.367 At the intersection of Cadillac Court and California Circle, stopping northbound traffic on Cadillac Court. .368 At the intersection of Redwood and Abbott Avenues, stopping eastbound and westbound traffic on Redwood Avenue.
.369 At the intersection of Abbott and Redwood Avenues, stopping northbound and southbound traffic on Abbott Avenue.
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40 Ordinance No. _____
.370 Deleted by Ord. 43.164.
.371 At the intersection of Marylinn Drive and Penitencia Street, stopping eastbound and westbound traffic on Marylinn Drive.
.372 At the intersection of Butler Street and Norwich Avenue, stopping northbound traffic on Butler Street. .373 At the intersection of Norwich Avenue and Butler Street, stopping eastbound and westbound traffic on Norwich Avenue.
.374 At the intersection of Kennedy Drive and Evans Road, stopping eastbound traffic on Kennedy Drive. .375 At the intersection of Old Calaveras Road and Evans Road, stopping westbound traffic on Old Calaveras Road.
.376 At the intersection of Capitol Avenue and Centre Pointe Drive stopping eastbound traffic on Centre Pointe Drive.
.377 At the intersection of Bayview Park Drive and Kennedy Drive, stopping southbound traffic on Bayview Park Drive.
.378 At the intersection of Alexander Way and Kennedy Drive, stopping southbound traffic on Alexander Way. .379 At the intersection of Creighton Court and Dempsey Road, stopping westbound traffic on Creighton Court. .380 At the intersection of Richter Court and Dempsey Road, stopping westbound traffic on Richter Court. .381 At the intersection of Michael Street and Evans Road, stopping eastbound traffic on Michael Street. .382 Deleted by Ord. 43.141.
.383 At the intersection of Los Coches Street and Hillview Drive, stopping eastbound and westbound traffic on Los Coches Street.
.384 At the intersection of Magnolia Drive and McCarthy Boulevard, stopping eastbound traffic on Magnolia Drive.
.385 At the intersection of Alder Drive and McCarthy Boulevard, stopping westbound traffic on Alder Drive. .386 At the intersection of Alder Drive and Barber Lane, stopping eastbound traffic on Alder Drive. .387 Deleted by Ord. 43.184.
.388 At the intersection of Sumac Drive and McCarthy Boulevard, stopping eastbound traffic on Sumac Drive. .389 At the intersection of Anacapa Court and Hillview Drive, stopping eastbound traffic on Anacapa Court. .390 At the intersection of Terra Bella Drive and Hillview Drive, stopping eastbound traffic on Terra Bella Drive. .391 At the intersection of Fairview Way and California Circle, stopping northbound traffic on Fairview Way. .392 At the intersection of Fairview Way and Cadillac Court, stopping westbound traffic on Fairview Way. 186
41 Ordinance No. _____
.393 At the intersection of Canterbury Place and North Park Victoria Drive, stopping westbound traffic on Canterbury Place.
.394 At the intersection of Cardiff Place and North Park Victoria Drive, stopping westbound traffic on Cardiff Place.
.395 At the intersection of Jason Drive and North Milpitas Boulevard, stopping westbound traffic on Jason Drive. .396 At the intersection of Homme Way and North Milpitas Boulevard, stopping westbound traffic on Homme Way.
.397 At the intersection of South Main Street and East Carlo Street, stopping northbound traffic on South Main Street.
.398 At the intersection of North Main Street and Carlo Street, stopping southbound traffic on North Main Street. .400 At the intersection of Railroad Avenue and Marylinn Drive, stopping traffic entering onto Marylinn Drive. .401 At the intersection of Calaveras Ridge Drive and Country Club Drive, stopping traffic entering onto Country Club Drive.
.402 At the intersection of Tice Drive and Horcajo Street, stopping traffic on Tice Drive. .403 Deleted by Ord. 43.171.
.404 At the intersection of Midwick Drive and Belbrook Way, stopping northbound and southbound traffic on Belbrook Way.
.405 At the intersection of Yellowstone Avenue/Sequoia Avenue stopping eastbound and westbound traffic on Yellowstone Avenue.
.406 At the intersection of Country Club Drive and Camarillo Court, stopping southbound traffic on Camarillo Court.
.407 At the intersection of Country Club Drive and Cervantez Court, stopping southbound traffic on Cervantez Court.
.408 At the intersection of Piedmont Road and Landess Avenue, stopping all southbound traffic on Piedmont Road.
.409 At the intersection of Arizona Avenue and Midwick Drive, stopping northbound and southbound traffic on Arizona Avenue.
.410 Entrance of City Corporation Yard upon North Milpitas Boulevard. .411 At the intersection of Calaveras Road and Harrison Road, stopping northbound traffic on Harrison Road. .412 Vehicle exiting onto East Curtis Avenue from the easterly gate of the Old Ford Plant. .413 At the intersection of Dixon Road and Arizona Avenue, stopping eastbound and westbound traffic on Dixon Road.
.414 At the intersection of Gordon Street and Kevenaire Drive, stopping southbound traffic on Gordon Street. 187
42 Ordinance No. _____
.415 At the intersection of Dennis Avenue and North Gadsden Drive, stopping eastbound and westbound traffic on Dennis Avenue.
.416 At the intersection of Stemel Way and Prada Drive, stopping westbound traffic on Stemel Way. .417 Vehicles exiting Terrace Gardens onto Beresford Court. .418 Vehicles exiting Beresford Terrace onto Beresford Court. .419 At the intersection of Redwood Avenue and Penitencia Street, stopping the northbound traffic on Penitencia Street.
.420 At the intersection of Edsel Drive and Falcato Drive, stopping eastbound and westbound traffic on Edsel Drive.
.421 At the intersection of Dundee Avenue and Angus Drive, stopping eastbound and westbound traffic on Angus Drive.
.422 At the intersection of Calaveras Road and Piedmont/Evans Road, stopping eastbound and westbound traffic on Calaveras Road.
.423 At the intersection of Conway Street and Manfred Street stopping eastbound and westbound traffic on Manfred Street.
.424 At the intersection of Sepulveda Avenue and Falcato Drive, stopping westbound traffic on Sepulveda Avenue.
SECTION 49. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.04 “Reserved for schedule pursuant to V-100-7.02-3”
Title V, Chapter 100, Section V-100-15.04 “Reserved for schedule pursuant to V-100-7.02-3” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 50. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.05 “Angle Parking on Certain Streets”
Title V, Chapter 100, Section V-100-15.05 “Angle Parking on Certain Streets” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.05 - Reserved Angle Parking on Certain Streets No. Street Segment
.1 Removed by Ord. 43.210
.2 Removed by Ord. 43.210
.3 Barber Lane East Side between Bellew Drive to North End-of-Street .4 Ranch Drive West of North McCarthy Boulevard to East End-of-Street .5 Hammond Way West Side from Curtis Avenue to 1,500-Feet North of Curtis Avenue 188
43 Ordinance No. _____
SECTION 51. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.06 “Parking Time Limited on Certain Enumerated Streets” Title V, Chapter 100, Section V-100-15.06 “Parking Time Limited on Certain Enumerated Streets” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.06 Reserved Parking Time Limited on Certain Enumerated Streets In accordance with provisions of Section 12.01 and when signs are erected giving notice thereof, no person shall stop, stand, or park any vehicle for a period time in excess of the time therein indicated on the streets or portions of streets described as follows:
No. Street Segment Duration Time
.1 Deleted by Ord. 43.81
.2 Deleted by Ord. 43.81
.3 Deleted by Ord. 43.198
.4 Deleted by Ord. 43.207
.5 Milpitas Library Parking Zones in front of the Library Parking Lot Facing the Main Entrance
5-
Minutes
Any
Time
.6 Deleted by Ord. 43.210
.7 Deleted by Ord. 43.210
.8 Deleted by Ord. 43.209
.9 Alvarez Court East Side 4 Hours 7 a.m—9
p.m.
.10 Thompson Street West Side from Great Mall Parkway to Machado Street
3 Hours Any
Time
.11 Thompson Court West Side from Machado Street to North End-of-Street
3 Hours 7 a.m.—
6 p.m.
Everyday
.12 Thompson Court East Side from Machado Street to North End-of-Street
10 Hours
7 a.m.—
6 p.m.
Mon—
Fri
.13 S Hillview Drive East Side from Calaveras Boulevard to Los Coches Street
4 Hours 7 a.m.—
6 p.m.
Mon—
Fri
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44 Ordinance No. _____
.14 Hammond Way West Side from Curtis Avenue to 1,500-
Feet North of Curtis Avenue
10 Hours
7 a.m.—
6 p.m.
Mon—
Fri
.15 Gladding Court Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.16 Piper Drive Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.17 Merry Loop Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.18 Garden Street Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.19 McCandless Drive Great Mall Parkway to Penitenica Creek 4 Hours 7 a.m.— 6 p.m.,
Mon—
Fri
.20 Centre Pointe Drive Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.21 Jubilee Drive Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.22 Expedition Lane Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.23 Momentum Drive Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
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.24 Waston Court Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.25 Pectan Court Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.26 Sango Court Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.27 Tarob Court Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.28 Houret Drive Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
.29 Houret Court Entire 4 Hours 7 a.m.—
6 p.m.,
Mon—
Fri
SECTION 52. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.07 “Reserved for schedule pursuant to V-100-12.02”
Title V, Chapter 100, Section V-100-15.07 “Reserved for schedule pursuant to V-100-12.02” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 53. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.08 “Reserved for schedule pursuant to V-100-12.05-4” Title V, Chapter 100, Section V-100-15.08 “Reserved for schedule pursuant to V-100-12.05-4” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 54. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.09 “Reserved for schedule pursuant to V-100-12.06-2” Title V, Chapter 100, Section V-100-15.09 “Reserved for schedule pursuant to V-100-12.06-2” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 55. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.10 “Crosswalks”
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46 Ordinance No. _____
Title V, Chapter 100, Section V-100-15.10 “Crosswalks” of the Milpitas Municipal Code is hereby deleted and reserved.
The deleted text is shown in strikethrough below:
V-100-15.10 Reserved Crosswalks
In accordance with Section V-100-9.01, crosswalks shall be established at the following places upon the streets within the City of Milpitas:
.1 At the intersection of Carlo Street and Main Street, upon the crosswalk running from the south side of Carlo Street and across Main Street in an east-west direction. .2 At the intersection of Serra Way and Main Street, the crosswalk running from the north side of Serra Way and across Main Street in an east-west direction.
.3 Across Main Street from Milpitas City Hall in an east-west direction. [Text continues on page 279]
.4 Across Corning Avenue at Main Street in a north-south direction. .5 Across Carlo Street at Main Street in a north-south direction. .6 Across Abbott Avenue at Spence Avenue in an east-west direction at the north side of the intersection. .7 Across Spence Avenue at Abbott Avenue in a north-south direction at the east and west sides of the intersection.
.8 Across Abbott Avenue at Rudyard Drive in a north-south direction at the east and west sides of the intersection.
.9 Across Abbott Avenue at Rudyard Drive in an east-west direction at the south side of the intersection. .10 Across Casper at Rudyard Drive in an east-west direction at the south side of the intersection. .11 Across Barker Street at Rudyard Drive in an east-west direction at the north side of the intersection. .12 Across Rudyard Drive at Barker in a north-south direction at the west side of the intersection. .13 Across Roswell Drive at Canton Drive in an east-west direction at the south side of the intersection. .14 Across Canton Drive at Roswell Drive in a north-south direction at the east and west sides of the intersection. .15 Across Roswell Drive at Ashland Drive in an east-west direction at the south side of the intersection. .16 Across Ashland Drive at Roswell Drive in a north-south direction. .17 Across Edsel Drive at Roswell Drive in a north-south direction at the west side of the intersection. .18 Across Roswell Drive at Edsel Drive in an east-west direction at the north side of the intersection. .19 Across Dixon Road at Conway Street in a north-south direction at the west side of the intersection. .20 Across Conway Street at Dixon Road in an east-west direction at the north side of the intersection. .21 At the intersection of Vegas Avenue and Boulder Street upon the crosswalk running from east and west of Vegas Avenue and across Vegas Avenue in an east-west direction. .22 At the intersection of Boulder Street and Arizona Street upon the crosswalk running from the north and south of Boulder Street and across Boulder Street in a north-south direction. .23 At the intersection of Arizona Avenue and Boulder Street upon the crosswalk running from the north curb line of Boulder Street and across Arizona Avenue in an east-west direction. .24 At the intersection of Vegas Avenue and Dixon Road upon the crosswalk running from the east and west of Vegas Avenue and across Vegas Avenue in an east-west direction. .25 At the intersection of Arizona Avenue and Dixon Road upon the crosswalks running from the east and west sides of Arizona Avenue, north and south of Dixon Road running in an east-west direction. 192
47 Ordinance No. _____
.26 At the intersection of Dixon Road and Arizona Avenue upon the crosswalks running from the north and south sides of Dixon Road east and west of Arizona Avenue running in a north-south direction. .27 At the intersection of Cadsden Drive and Canton Drive upon the crosswalks running from the east and west of Gadsden Drive and across Gadsden Drive in an east-west direction. .28 At the intersection of Monmouth Drive and Ashland Drive upon the crosswalks running from the east and west of Monmouth Drive and across Monmouth Drive in an east-west direction. .29 At the intersection of Sylvia Avenue and Abel Street upon the crosswalk running from the north and south of Sylvia Avenue and running across Sylvia Avenue in a north-south direction. .30 At the intersection of Corning Avenue and Abel Street upon the crosswalks running from the north and south sides of Corning Avenue east and west of Abel Street and running in a north-south direction. .31 At the intersection of Abel Street and Corning Avenue upon the crosswalks running from east and west sides of Abel Street, north and south of Corning Avenue and running in an east-west direction. .32 Across Dixon Road in a north-south direction at a point 134 feet east of the east curb line of Vegas Avenue where Dixon Road and Vegas Avenue intersect.
.33 Across Boulder Street in a north-south direction at a point 272 feet east of the west property line of the Joseph Weller Elementary School.
.34 Across Lawton Drive in an east-west direction at the intersection of Lawton Drive and Canton Drive. .35 Across Beacon Drive in an east-west direction at the intersection of Beacon Drive and Canton Drive. .36 Across Carnegie Drive at Calaveras Boulevard in an east-west direction. .37 Across Gadsden Drive in an east-west direction on the north side of the intersection of Gadsden Drive and Calaveras Blvd.
.38 Across Gadsden Drive in an east-west direction on the south side of the intersection of Gadsden Drive and Calaveras Blvd.
.39 Across Calaveras Blvd. in a north-south direction on the east side of the intersection of Calaveras Blvd. and Gadsden Drive.
.40 Across Calaveras Blvd. in a north-south direction on the west side of the intersection of Calaveras Blvd. and Gadsden Drive.
.41 Across Barker Street in an east-west direction on the south side of the intersection of Barker Street with Marylinn Drive.
.42 Across Marylinn Drive in a north-south direction at the west side of the intersection of Marylinn Drive with Barker Street.
.43 Across Jupiter Drive in a north-south direction on the west side of the intersection of Jupiter Drive with South Temple Drive.
.44 Deleted by Ord. 43.66, 10/6/70.
.45 Across Burley Drive in a north-south direction on the east side and on the west side of the intersection of Burley Drive with Temple Drive.
.46 Across Temple Drive in an east-west direction on the north side and on the south side of the intersection of Temple Drive with Burley Drive.
.47 Across Canton Drive in a north-south direction on the east side and on the west side of the intersection of Canton Drive with Temple Drive.
.48 Across Temple Drive in an east-west direction on the north side and on the south side of the intersection of Temple Drive with Canton Drive.
.49 Across Wylie Drive in a north-south direction on the east side of the intersection of Wylie Drive and Temple Drive
193
48 Ordinance No. _____
.50 Across Temple Drive in an east-west direction on the north side and on the south side of the intersection of Temple Drive with Wylie Drive.
.51 Across Abbott Avenue in the east-west direction on the south side of the intersection of Abbott Avenue and Spence Avenue.
.52 Across Main Street in an east-west direction on the south side of the intersection of Main Street with Serra Way.
.53 Across Dennis Avenue in a northerly direction on the east side of the intersection of Dennis Avenue and Fanyon Street.
.54 Across North Park Victoria Drive in a westerly direction on the south side of the intersection of North Park Victoria Drive and Kennedy Drive.
.55 Across Fanyon Street in a westerly direction on the south side of the intersection of Fanyon Street and Kennedy Drive.
.56 Across Ellis Avenue in a northerly direction on the west side of the intersection of Ellis Avenue and Lynn Avenue.
.57 Across Lynn Avenue in a westerly direction on the north side of the intersection of Lynn Avenue and Ellis Avenue.
.58 Across Fanyon Street in a westerly direction at a point 455 feet south of the southerly line of the intersection of Fanyon Street and Kennedy Drive (so as to provide a crosswalk adjacent to the William Burnett School in midblock).
.59 Across North Gadsden Drive in a westerly direction on the north side of the intersection of North Gadsden Drive and Dennis Avenue.
.60 Across Adams Avenue in a northerly direction on the east and west side of the intersection of Adams Avenue and North Gadsden Drive.
.61 Across Dennis Avenue in a northerly direction on the east and west side of the intersection of Dennis Avenue with North Gadsden Drive.
.62 Across Redwood Avenue in a north-south direction on the east side of the intersection of Redwood Avenue and Abbott Avenue.
.63 Across Redwood Avenue in a north-south direction on the west side of the intersection of Redwood Avenue and Abbott Avenue.
.64 Across Abbott Avenue in an east-west direction on the north side of the intersection of Abbott Avenue and Redwood Avenue.
.65 Across Redwood Avenue in a north-south direction on the east side of the intersection of Redwood Avenue and Lexington Street.
.66 Across Penitencia Street at the intersection of Penitencia Street with Redwood Avenue. .67 Across Lexington Street at the intersection of Lexington Street with Redwood Avenue. .68 Across Coyote Street in an east-west direction on the north side of the intersection of Coyote Street and Redwood Avenue.
.69 Across Coyote Street in an east-west direction on the south side of the intersection of Coyote Street and Redwood Avenue.
.70 Deleted by Ordinance 43.109.
.71 Across Uvas Street at the intersection of Uvas Street with Penitencia Street. .72 Deleted by Ordinance 43.141.
.73 Across Vasona Street in an east-west direction on the north side of the intersection of Vasona Street with Adobe Avenue.
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.74 Across Almaden Avenue at the intersection of Almaden Avenue with Vasona Street. .75 Across Marylinn Drive in a north-south direction on the west side of the intersection of Marylinn Drive with Abel Street.
.76 Across Marylinn Drive in a north-south direction on the east side of the intersection of Marylinn Drive with Penitencia Street.
.77 Across Penitencia Street in an east-west direction on the north side of the intersection of Penitencia Street and Marylinn Drive.
.78 Across Penitencia Street in an east-west direction on the south side of the intersection of Penitencia Street and Marylinn Drive.
.79 Across Edsel Drive in a north-south direction on the east side of the intersection of Edsel Drive with Roswell Drive.
.80 Across Carnegie Drive in an east-west direction on the north side of the intersection of Carnegie Drive with Edsel Drive.
.81 Across Carnegie Drive in an east-west direction on the south side of the intersection of Carnegie Drive with Edsel Drive.
.82 Across Carnegie Drive in an east-west direction on the north side of the intersection of Carnegie Drive with Canton Drive.
.83 Across Carnegie Drive in an east-west direction on the south side of the intersection of Carnegie Drive with Canton Drive.
.84 Across Bixby Drive in an east-west direction on the north side of the intersection of Bixby Drive and Burley Drive.
.85 Across Bixby Drive in an east-west direction on the south side of the intersection of Bixby Drive and Burley Drive.
.86 Across Bixby Drive in an east-west direction on the north side of the intersection of Canton Drive and Bixby Drive.
.87 Across Bixby Drive in an east-west direction on the south side of the intersection of Bixby Drive and Canton Drive.
.88 Across Bixby Drive in an east-west direction on the north side of the intersection of Bixby Drive and Wylie Drive.
.89 Across Bixby Drive in an east-west direction on the south side of the intersection of Bixby Drive and Wylie Drive.
.90 Across Bixby Drive in an east-west direction on the north side of the intersection of Bixby Drive and Edsel Drive.
.91 Across Burley Drive in a north-south direction on the east side of the intersection of Burley Drive and Bixby Drive.
.92 Across Burley Drive in a north-south direction on the west side of the intersection of Burley Drive and Bixby Drive.
.93 Across Canton Drive in a north-south direction on the east side of the intersection of Canton Drive with Bixby Drive.
.94 Across Canton Drive in a north-south direction on the west side of the intersection of Canton Drive and Bixby Drive.
.95 Across Wylie Drive in a north-south direction on the east side of the intersection of Wylie Drive and Bixby Drive.
.96 Across Wylie Drive in a north-south direction on the west side of the intersection of Wylie Drive and Bixby Drive.
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.97 Across Temple Drive in a east-west direction at the north side of the intersection of Temple Drive and Edsel Drive.
.98 Across Edsel Drive in a north-south direction on the east side of the intersection of Edsel Drive and Temple Drive.
.99 Across Edsel Drive in a north-south direction on the west side of the intersection of Edsel Drive and Temple Drive.
.100 Across Calaveras Blvd. in a north-south direction on the east side of the intersection of Calaveras Boulevard and Park Victoria Drive.
.101 Across Roswell Drive in an east-west direction on the south side of the intersection of Roswell Drive and Edsel Drive.
.102 Deleted by Ord. 43.67.
.103 Across Carnegie Drive in an east-west direction on the north side of the intersection of Carnegie Drive with Edsel Drive.
.104 Across Carnegie Drive in an east-west direction on the south side of the intersection of Carnegie Drive and Edsel Drive.
.105 Across Edsel Drive in a north-south direction on the east side of the intersection of Edsel Drive and Carnegie Drive.
.106 Across Edsel Drive in a north-south direction on the west side of the intersection of Edsel Drive and Carnegie Drive.
.107 Across Carnegie Drive in an east-west direction at the intersection of Carnegie Drive with Yosemite Drive. .108 Across Yosemite Drive in a north-south direction on the east side of the intersection of Yosemite Drive and Roswell Drive.
.109 Across Yosemite Drive in a north-south direction on the east side of the intersection of Yosemite Drive and South Park Victoria Drive.
.110 Across Monmouth Drive in an east-west direction at the intersection of Monmouth Drive with Edsel Drive. .111 Across Rogers Street in an east-west direction at the intersection of Rogers Street with Coelho Street. .112 Across Coelho Street in a north-south direction on the east side of the intersection of Coelho Street and Cortez Street.
.113 Across Conway Street in an east-west direction on the south side of the intersection of Conway Street and Dixon Road.
.114 Across North Gadsden Drive in an east-west direction on the north side of the intersection of North Gadsden Drive and Adams Avenue.
.115 Across North Gadsden Drive in an east-west direction on the south side of the intersection of North Gadsden Drive and Adams Avenue.
.116 Across Calaveras Court in a north-south direction at the intersection of Calaveras Court with Calaveras Blvd.
.117 Across Canton Drive in a north-south direction at its intersection with South Park Victoria Drive. .118 Across South Park Victoria Drive in an east-west direction on the north side of the intersection of South Park Victoria Drive with Edsel Drive.
.119 Across South Park Victoria Drive in an east-west direction on the south side of the intersection of South Park Victoria Drive with Edsel Drive.
.120 Across Edsel Drive in a north-south direction on the east side of the intersection of Edsel drive with South Park Victoria Drive.
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.121 Across Edsel Drive in a north-south direction on the west side of the intersection of Edsel Drive with South Park Victoria Drive.
.122 Across North Main street, running in an east-west direction at the south side of the intersection of North Main Street with Weller Lane.
.123 Across Casper Street, running in an east-west direction at the intersection of Casper Street with Spence Avenue.
.124 Across Alton Street, running in an east-west direction at the intersection of Alton Street with Spence Avenue.
.125 Across Park Heights Drive, running in a north-south direction at the intersection of Park Heights Drive with North Park Victoria Drive.
.126 Across Park View Drive, running in a north-south direction at the intersection of Park View Drive with North Park Victoria Drive.
.127 Across Park Grove Drive, running in a north-south direction at the intersection of Park Grove Drive with North Park Victoria Drive.
.128 Across Conway Street, running in an east-west direction on the north side of the intersection of Conway Street with Coelho Street.
.129 Across Curtner Drive, running in a north-south direction on the east side of the intersection of Curtner Drive with Roger Street.
.130 Across Coelho Street, running in a north-south direction on the east side of the intersection of Coelho Street with Roger Street.
.131 Across Cortez Street, running in an east-west direction on the north side and the south side of the intersection of Cortez Street with Coelho Street.
.132 Across Arizona Avenue, running in an east-west direction on the north side and the south side of the intersection of Arizona Avenue with Washington Drive.
.133 Across Fontainbleu Avenue, running in an east-west direction on the south side of the intersection of Fontainbleu Avenue with Washington Drive.
.134 Across Canton Drive in a north-south direction on the west side of the intersection of Canton Drive with Carnegie Drive.
.135 Across Perry Street, running in an east-west direction at the intersection of Perry Street and Edsel Drive. .136 Across Abbott Avenue, running in an east-west direction, on the north side of its intersection with Marylinn Drive.
.137 Across Abbott Avenue, running in an east-west direction, on the south side of its intersection with Marylinn Drive.
.138 Across Starlite Drive, running in an east-west direction, on the north side of its intersection with Fallen Leaf Dr.
.139 Across Starlite Drive, running in an east-west direction, on the south side of its intersection with Fallen Leaf Dr.
.140 Across Fallen Leaf Drive, running in a north-south direction, on the west side of its intersection with Starlite Drive.
.141 Across Fallen Leaf Drive, running in a north-south direction, on the east side of its intersection with Starlite Drive.
.142 Across Yellowstone Avenue at Sequoia on the west side of the intersection running from the north-west corner of Yellowstone and Sequoia south to the school property. .143 Across Yellowstone Avenue at Sequoia Drive on the east side of the intersection running from the northeast corner of Yellowstone Avenue and Sequoia Drive south to the school property. 197
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.144 Across Sequoia Drive at Yellowstone Avenue, from the north-west corner and running east to the northeast corner. .145 Across Valley Way in a north-south direction at its intersection with Abbott Avenue. .146 Across Weller Lane at Abel Street, from the north-east corner of Weller Lane and Abel and running south to the south-east corner of Weller Lane and Abel Street. .147 Across Spence Avenue at Butler Street, from the north-west corner and running south to the south-west corner of Spence Avenue and Butler Street.
.148 Across Spence Avenue at Butler Street, from the north-east corner and running south to the south-east corner of Spence Avenue and Butler Street.
.149 Across Butler Street at Spence Avenue, from the south-west corner and running east to the south-east corner of Butler Street and Spence Avenue.
.150 Across Abel Street in an east-west direction at south side of the intersection of Abel Street and Weller Lane. .151 Across So. Park Victoria in an east-west direction on both sides of the intersection of Yosemite Drive at So. Park Victoria Drive.
.152 Across Yellowstone Avenue at its intersection With So. Park Victoria Drive .153 Across Roger Street on the north side of its intersection with Rancho Higuera Road .154 deleted by Ordinance 43.66, 10/6/70
.155 Across Calaveras Blvd., in a north-south direction, from the south-west corner of Calaveras Blvd. and Calaveras Ct., running north across Calaveras Blvd. to Samuel Ayer High School .156 Across Yosemite Drive in a north-south direction, starting from a point on the south side of Yosemite Drive 245 feet east of the west property line of Murphy School and running north across Yosemite Drive (perpendicular to the south curb of Yosemite Dr.) to the north curb of Yosemite Drive .157 Across Sequoia Drive in an east-west direction, starting from the south-east corner of Yosemite Drive and Sequoia Drive and running west to the south-west corner of Yosemite Drive and Sequoia Drive .158 Across Shenandoah Avenue in a north-south direction on both the east and west side of Sequoia Drive .159 Across Big Bend Drive in a north-south direction on both the east and west side of Sequoia Drive .160 Across Crater Lake in a north-south direction on both the east and west side of Sequoia Drive .161 Across Everglades Drive in a north-south direction on both the east and west side of Sequoia Drive .162 Across Mt. Rainier in a north-south direction on the west side of Sequoia Drive .163 Across Grand Teton Drive in a north-south direction on the east and west side of Sequoia Drive. .164 Across Rocky Mountain Avenue in a north-south direction on both east and west side of Yellowstone Avenue.
.165 Across Butano Drive in a north-south direction on the west side of Yellowstone Avenue .166 Across So. Park Victoria Drive at Canton Drive in an east-west direction, from the northeast corner of Canton Drive and South Park Victoria Drive and running west across South Park Victoria Drive .167 Across Starlite Drive at its intersection with Timber Way in an east-west direction opposite the pedestrian entrance to Pinewood Park.
.168 Across Moon Court in an east-west direction on the north side of Capitol Avenue .169 Across Fallen Leaf Drive in an east-west direction on the south side of Capitol Avenue .170 Across Capitol Avenue in a north-south direction from the west side of Fallen Leaf Drive to the west side of Moon Court
.171 Across Fallen Leaf Drive in an east-west direction on the north side of Woodland Way 198
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.172 Across Woodland Way in a north-south direction on the west side of Fallen Leaf Drive .173 Across Woodland Court in a north-south direction on the east side of Fallen Leaf Drive .174 Across Sun Court in a north-south direction on the east side of Fallen Leaf Drive .175 Across Polaris Court in a north-south direction on the east side of Fallen Leaf Drive .176 Across Evergreen Way in a north-south direction on the west side of Fallen Leaf Drive .177 Across Greentree Way in a north-south direction on the west side of Fallen Leaf Drive .178 Across Greentree Way in a north-south direction on the east side of Fallen Leaf Drive .179 Across Lonetree Court in a north-south direction on the west side of Fallen Leaf Drive .180 Across Lonetree Court in a north-south direction on the east side of Fallen Leaf Drive .181 Across Fallen Leaf Drive in an east-west direction on the north side of Cedar Way .182 Across Cedar Way in a north-south direction on the east side of Fallen Leaf Drive .183 Across Cedar Way in a east-west direction on the south side of Cedar Way .184 Across Fallen Leaf Drive in an east-west direction on the north side of Greenwood Way .185 Across Greenwood Way in a north-south direction on the west side of Fallen Leaf Drive .186 Across Greenwood Way in a north-south direction on the east side of Fallen Leaf Drive .187 Across Pinewood Way in an east-west direction on the north side of Fallen Leaf Drive .188 Across Pinewood Court in an east-west direction on the south side of Fallen Leaf Drive .189 Across Blue Spruce Way in an east-west direction on the north side of Fallen Leaf Drive .190 Across Blue Spruce Court in an east-west direction on the south side of Fallen Leaf Drive .191 Across Forest Court in an east-west direction on the south side of Fallen Leaf Drive .192 Across Silvertip Court in a north-south direction on the west side of Blue Spruce Way .193 Across Manzanita Court in a north-south direction on the west side of Blue Spruce Way .194 Across Fir Tree Court in a north-south direction on the west side of Blue Spruce Way .195 Across Blue Spruce Way in an east-west direction on the south side of Timber Way .196 Across Timber Way in a north-south direction on the west side of Starlite Drive .197 Across Evening Star Court in an east-west direction on the north side of Capitol Avenue .198 Across Moonbeam Way in an east-west direction on the south side of Capitol Avenue .199 Across Moonbeam Way in an east-west direction on the north side of Woodland Way .200 Across Stellar Way in an east-west direction on the south side of Capitol Avenue .201 Across Stellar Way in an east-west direction on the north side of Woodland Way .202 Across Capitol Avenue in a north-south direction from the west side of Sunrise Way to a point 88 feet east of the east side of Venus Way
.203 Across Sunrise Way in an east-west direction on the south side of Capitol Avenue .204 Across the intersection of Sunrise Way and Woodland Way in a northeasterly-southwesterly direction from the northeast corner to the southwest corner
.205 Across Greenwood Way in an east-west direction from a point along the east side of Greenwood Way measuring 382 feet along the curbline to Fallen Leaf Drive .206 Across Palmer Street in an east-west direction on the south side of Corning Avenue .207 Across Corning Avenue in a north-south direction on the west side of Palmer Street 199
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.208 Across North Park Victoria Drive in an east-west direction at the entrance to the Samuel Ayer High School Grounds 292 feet north of Park Grove Drive
.209 Across North Park Victoria Drive in an east-west direction on the north side of the intersection of North Park Victoria Drive and Kennedy Drive.
.210 Across Kennedy Drive in a north-south direction on the east side and on the west side of the intersection of Kennedy Drive and North Park Victoria Drive.
.211 Across North Park Victoria Drive in an east-west direction on the north side and on the south side of the intersection of North Park Victoria Drive and Calle Oriente. .212 Across Calle Oriente in a north-south direction on the east side and on the west of the intersection of Calle Oriente and North Park Victoria Drive.
.213 Across Lynn Avenue in an east-west direction at its intersection with Kennedy Drive. .214 Deleted by Ord. 43.67, 1/5/71
.215 Across Landess Avenue in a north-south direction on the east side of South Park Victoria Drive. .216 Across Yosemite Drive in a north-south direction on the east side of the intersection of Yosemite Drive and Sequoia Drive.
.217 Across Tahoe Drive in a north-south direction on the west side of Yellowstone Ave. .218 Across Acadia Avenue in a north-south direction on the west side of South Park Victoria Drive. .219 Across Glacier Drive in a north-south direction on the west side of South Park Victoria Drive. .220 Across Lassen Avenue in a north-south direction on the west side of South Park Victoria Drive. .221 Across Olympic Drive in a north-south direction on the west side of South Park Victoria Drive. .222 Across Platt Avenue in a north-south direction on the west side of South Park Victoria Drive. .223 Across Mattos Drive in an east-west direction on the north side of Edsel Drive. .224 Across Dolores Drive in an east-west direction on the north side of Edsel Drive. .225 Across Ferreira Court in an east-west direction on the north side of Edsel Drive. .226 Across Lacey Drive in a north-south direction on the east side of Falcato Drive. .227 Across Falcato Drive in an east-west direction on the north side of Edsel Drive. .228 Across Edsel Drive in a north-south direction on the east side and on the west side of the intersection of Falcato Drive.
.229 Across Falcato Drive in an east-west direction on the north side of Yosemite Drive. .230 Across Yosemite Drive in a north-south direction on the east side of Falcato Drive. .231 Across Patricia Court in an east-west direction on the north side of Edsel Drive. .232 Across LaBaree Drive in an east-west direction on the south side of Wylie Drive. .233 Across Stulman Drive in an east-west direction on the south side of Wylie Drive. .234 Across Golden Hills Drive in a north-south direction on the east side of North Temple Drive. .235 Across Dennis Avenue in a north-south direction on the east side of North Temple Drive. .236 Across North Temple Drive in an east-west direction on the north side and on the south side of the intersection of Dennis Avenue.
.237 Across View Drive in a north-south direction on the east side of North Temple Drive. .238 Across Arana Court in a north-south direction on the east side of North Temple Drive. .239 Across Fair Hill Drive in a north-south direction on the east side of North Temple Drive. .240 Across North Temple Drive in an east-west direction on the south side of Kennedy Drive. 200
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.241 Across Dennis Avenue in a north-south direction on the east side of Lynn Avenue. .242 Across LaCrosse Drive in an east-west direction on the north side of Wylie Drive. .243 Across LaCrosse Drive in an east-west direction on the north side and on the south side of the intersection of Canton Drive.
.244 Across LaCrosse Drive in an east-west direction on the south side of Burley Drive. .245 Across Guerrero Court in a north-south direction on the east side of North Park Victoria Drive. .246 Across Admire Court in a north-south direction on the east side of North Park Victoria Drive. .247 Across Torres Avenue in a north-south direction on the west side of North Park Victoria Drive. .248 Across Burdett Way in a north-south direction on the west side of North Park Victoria Drive. .249 Across Traughber Street in a north-south direction on the east side and on the west side of the intersection of North Park Victoria Drive.
.250 Across Cestaric Drive in an east-west direction on the north side of Kennedy Drive. .251 Across Printy Avenue in an east-west direction on the north side of Kennedy Drive. .252 Across Wool Drive in an east-west direction on the north side of Kennedy Drive. .253 Across Columbus Drive in an east-west direction on the north side of Russell Lane. .254 Across Madalen Drive in an east-west direction on the north side of Russell Lane. .255 Across Nieves Street in a north-south direction on the east side of Madalen Drive. .256 Across Nieves Street in a north-south direction on the west side of Diel Drive. .257 Across Diel Drive in an east-west direction on the north side of Founders Lane. .258 Across Madalen Drive in a north-south direction on the east side of Columbus Drive. .259 Across Founders Lane in a north-south direction on the east side of Columbus Drive. .260 Across Columbus Circle in an east-west direction on the north side of Founders Lane. .261 Across Founders Lane in a north-south direction on the west side of Diel Drive. .262 Across Ethyl Street in an east-west direction on the north side of Corning Avenue. .263 Across Ethyl Court in a north-south direction on the east side of Ethyl Street. .264 Across Ethyl Street in an east-west direction on the south side of Junipero Drive. .265 Across Junipero Drive in a north-south direction on the west side of South Abel Street. .266 Across Junipero Drive in a north-south direction on the west side of Ethyl Street. .267 Across Sequoia Drive in an east-west direction on the south side of Mt. Rainer Avenue. .268 Across Escuela Parkway in an east-west direction on the north side of Russell Lane. .269 Across Russell Lane in a north-south direction on the east side of Escuela Parkway. .270 Across Columbus Drive in an east-west direction on the south side of Russell Lane. .271 Across Penitencia Street in a north-south direction on the west side of Abel Street. .272 Across Abel Street in an east-west direction on the north side of Penitencia Street. .273 Across Abel Street in an east-west direction on the north side and on the south side of the intersection of Marylinn Drive.
.274 Across Marylinn Drive in a north-south direction on the east side of Abel Street. .275 Across Weller Lane in a north-south direction on the west side of North Main Street. .276 Across Old Calaveras Road in a north-south direction on the west side of Downing Road. 201
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.277 Across Calaveras Road in a north-south direction 40 feet east of the east side of Downing Road. .278 Across Calaveras Road in an east-west direction 415 feet north of the south City limits. .279 Across Downing Road in an east-west direction 770 feet north of the north side of Calaveras Road. .280 Across Milpitas Blvd. in an east-west direction on the north and south sides of the Calaveras Blvd. intersection.
.281 Across Smithwood Street in a north-south direction on the west side of Abbott Avenue. .282 Across Washington Drive in a north-south direction on the west side of Fontainbleu Avenue. .283 Across Greathouse Drive in a north-south direction on the east side of Conway Street. .284 Across Matthews Court in a north-south direction on the east side of Conway Street. .285 Across Woodcock Court in a north-south direction on the east side of Conway Street. .286 Across Taylor Drive in a north-south direction on the east side of Conway Street. .287 Across Conway Street in an east-west direction on the south side of Matthews Court. .288 Across Abel Street in an east-west direction on the north side of Weller Lane. .289 Across Weller Lane in a north-south direction on the east side of Abel Street. .290 Across Escuela Parkway in an east-west direction 675 feet south of the south side of Washington Drive. .291 Across Jacklin Road in a north-south direction on the east side and on the west side of the intersection of Escuela Parkway.
.292 Across Kennedy Drive in a north-south direction on the west side of Fanyon Street. .293 Across South Abel Street in an east-west direction on the north side of Junipero Drive. .294 Across Temple Drive in an east-west direction on the north side and on the south side of the intersection of East Calaveras Blvd.
.295 Across East Calaveras Blvd. in a north-south direction on the east side and on the west side of the intersection of Temple Drive.
.296 Across Escuela Parkway in an east-west direction on the north side and the south side of the intersection of Jacklin Road.
.297 Across Russell Lane in a north-south direction on the west side of the intersection of Columbus Drive. .298 Across Coyote street in an east-west direction 730 feet north of the intersection of Redwood Avenue. .299 Across Hamilton Avenue in an east-west direction on the south side of the intersection of Jacklin Road. .300 Across South Main Street in an east-west direction on the north side of the intersection of Cedar Way. .301 Across Cedar Way in a north-south direction on the west side of the intersection of South Main Street. .302 Across South Abel Street in an east-west direction on the north side and the south side of the intersection of Capitol Avenue.
.303 Across Capitol Avenue in a north-south direction on the east side and the west side of the intersection of South Abel Street.
.304 Across South Park Victoria Drive in an east-west direction on the north side of and south side of the intersection Big Basin Drive.
.305 Across Big Basin Drive in a north-south direction on the east side of South Park Victoria Drive. .306 Across South Park Victoria Drive in an east-west direction on the south side of the intersection of Canton Drive.
.307 Across North Milpitas Blvd. in an east-west direction on the north side and south side of the intersection of Escuela Parkway.
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.308 Across Escuela Parkway in a north-south direction on the east side and west side of the intersection of North Milpitas Blvd.
.309 Across Sycamore Drive in a north-south direction on the east side of the intersection of McCarthy Blvd. .310 Across McCarthy Boulevard in an east-west direction on the north side of the intersection of Sycamore Drive.
.311 Across Cottonwood Drive in a north-south direction on the east side of the intersection of McCarthy Boulevard.
.312 Across McCarthy Boulevard in an east-west direction on the north side of the intersection of Cottonwood Drive.
.313 Across McCarthy Boulevard in an east-west direction on the north side of the intersection of Barber Lane. .314 Across Barber Lane in a north-south direction on the east side of the intersection of McCarthy Boulevard. .315 Across McCarthy Boulevard in an east-west direction on the north side of Montague Expressway. .316 Across Serra Way in a north-south direction on the east side and west side of the intersection of Abel Street. .317 Across Abel Street in an east-west direction on the north side and south side of Serra Way. .318 Across Yosemite Drive in a north-south direction on the west side of the intersection of South Park Victoria Drive.
.319 Across Kennedy Drive in a north-south direction on the east side of the intersection of Simas Drive. .320 Across Jacklin Court in an east-west direction on the north side of Jacklin Road. .321 Across Jacklin Road in a north-south direction on the west side of the intersection of Hillview Drive. .322 Across Hillview Drive in an east-west direction on the south side of the intersection of Jacklin Road. .323 Across South Park Victoria Drive in an east-west direction on the north side and south side of the intersection of Yellowstone Avenue.
.324 Across Abbott Avenue in an east/west direction on the south side of Valley Way. .325 Across Valley Way in a north-south direction on the west side of Abbott Avenue. .326 Across Calaveras Boulevard in a north-south direction on the east and west sides of the Milpitas Boulevard intersection.
.327 Across Calaveras Boulevard in a north-south direction on the east and west sides of the Hillview Drive intersection.
.328 Across Hillview Drive in an east-west direction on the north and south sides of the Calaveras Boulevard intersection.
.329 Across Jacklin Place in an east-west direction on the south side of Jacklin Road. .330 Across Yellowstone Avenue in a north-south direction 730 feet east of the intersection of Park Victoria Drive.
.331 Across Escuela Parkway in an east-west direction on the north side of the intersection of Cirolero Street. .332 Across South Abel Street in an east-west direction on the south side of the driveway to Elmwood Rehabilitation Center.
.333 Across South Main Street in an east-west direction on the south side of Corning Avenue. .334 Across Folsom Drive in a north-south direction on the west side of North Milpitas Boulevard. .335 Across the entrance to Town Center in an east-west direction on the north side of Calaveras Boulevard. .336 Across the entrance to Town Center in a north-south direction on the west side of Hillview Drive. .337 Across North Milpitas Boulevard in an east-west direction on the north side of the northerly driveway to the City Hall parking lot.
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.338 Across South Park Victoria Drive in an east-west direction on the north and south side of Mt. Shasta Avenue.
.339 Across Mt. Shasta Avenue in a north-south direction on the east and west side of South Park Victoria Drive. .340 Across Abbott Avenue in an east-west direction 880 feet north of the intersection of Redwood Avenue. .341 Across Beresford Court in a north-south direction on the west side of North Milpitas Boulevard. .342 Across North Milpitas Boulevard in an east-west direction on the south side of Beresford Court. .343 Across Rudyard Drive in a north-south direction on the east side of Barker Street. .344 Across Buckeye Drive in an east-west direction on the north side of Cottonwood Drive. .345 Across McCarthy Boulevard in an east-west direction on the north side of Tasman Drive. .346 Across McCarthy Boulevard in an east-west direction on the south side of Magnolia Drive. .347 Across Magnolia Drive in a north-south direction on the west side of McCarthy Boulevard. .348 Across McCarthy Boulevard in an east-west direction on the north side of Alder Drive. .349 Across McCarthy Boulevard in an east-west direction on the south side of Sumac Drive. .350 Across Alder Drive in a north-south direction on the east side of McCarthy Boulevard. .351 Across Sumac Drive in a north-south direction on the west side of McCarthy Boulevard. .352 Across Tasman Drive in a north-south direction on the east side of McCarthy Boulevard. .353 Across Tasman Drive in a north-south direction on the west side of Alder Drive. .354 Across Alder Drive in an east-west direction on the north and south sides of Tasman Drive. .355 Across Paseo Refugio in a north-south direction on the west side of Hillview Drive. .356 Across Tramway Drive in a north-south direction on the west side of North Milpitas Boulevard. .357 Across Erie Drive in a north-south direction on the west side of North Milpitas Boulevard. .358 Across Cadillac Court in an east-west direction on the south side of Fairview Way. .359 Across Fairview Way in a north-south direction on the east side of Cadillac Court. .360 Across North Park Victoria Drive in an east-west direction on the south side of Jacklin Road. .361 Across North Park Victoria Drive in an east-west direction on the north side of Jacklin Road. .362 Across McCandless Drive in an east-west direction on the south side of Great Mall Parkway. .363 Across McCandless Drive in an east-west direction on the northerly side of Montague Expressway. .364 Across South Abbott Avenue in an east-west direction on the south side of Calaveras Boulevard. .365 Across South Abbott Avenue in an east-west direction on the north side of Calaveras Boulevard. .366 Across North Milpitas Boulevard in an east-west direction on the north side of Beresford Court. .367 Across the entrance to the Town Center in a north-south direction on the east side of North Milpitas Boulevard.
.368 Across North Abel Street in an east-west direction on the south side of Redwood Avenue. .369 Across Redwood Avenue in a north-south direction on the west side of North Abel Street. .370 Across South Milpitas Boulevard in an east-west direction on the north and south sides of Yosemite Drive. .371 Across Yosemite Drive in a north-south direction on the west side of South Milpitas Boulevard. .372 Across South Main Street in a north-south direction on the east side of the South Main Street/Abel Street intersection.
.373 Across South Abel Street in an east-west direction on the north side of the South Main Street intersection. 204
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.374 Across Midwick Drive in a north-south direction on the east side of North Milpitas Boulevard. .375 Across North Milpitas Boulevard in an east-west direction on the north side of Midwick Drive. .376 Across South Hillview Drive in an east-west direction on the north side of Los Coches Street. .377 Across Yellowstone Avenue in an east-west direction on both north and south side of Westridge Drive. .378 Across Westridge Drive in a north-south direction on both east and west side of Yellowstone Avenue. .379 Across Yellowstone Avenue in an east-west direction on both north and south side of Rocky Mountain Avenue.
.380 Across Landess Avenue in a north-south direction on both east and west side of Yellowstone Avenue. .381 Across Yellowstone Avenue in an east-west direction on the north side of Landess Avenue. .382 Across Arizona Avenue in an east-west direction on the north and south sides of Midwick Drive. .383 Across Midwick Drive in a north-south direction on the west side of Arizona Avenue. .384 Mid-block on Arizona Avenue in an east-west direction just north of the Milpitas High School driveway. .385 Across South Park Victoria Drive in an east-west direction on the north side of Clear Lake Avenue. .386 Across North Milpitas Boulevard in an east-west direction on both north and south sides of Tramway Drive. .387 Across Tramway Drive in a north-south direction on the east side of North Milpitas Boulevard. .388 Across Canterbury Place in a north-south direction on the east side of North Park Victoria Drive. .389 Across Simas Drive in an east/west direction on the north side of Kennedy Drive. .390 Across McCandless Drive in an east-west direction on the north side of McCandless Drive. .391 Across Great Mall Parkway in a north-south direction on the east side of Great Mall Parkway. .393 Across Centre Point Drive in an east-west direction on the west side of Great Mall Parkway. .394 Across Centre Point Drive in an east-west direction on the south side of Great Mall Parkway. .395 Across Great Mall Parkway in a north-south direction on the east side of Centre Point Drive. .396 Across Great Mall Parkway in a north-south direction on the north side of Centre Point Drive. .397 Across Corning Avenue in a north-south direction on the west side of Ethyl Street. .398 Mid-block crosswalk across California Circle in an east-west direction approximately 1,100 feet south of the intersection of the I-880 off-ramp.
.399 Mid-block crosswalk across Jacklin Road in a north-south direction approximately 500 feet west of the intersection of Hillview Drive.
.400 Across Easter Avenue in an north-south direction on both east and west side of Abbott Avenue. .401 Across Walnut Drive in an north-south direction on the east side of Abbott Avenue. .402 Across Elm Avenue in an north-south direction on the east side of Abbott Avenue. .403 Across Willow Avenue in an north-south direction on the east side of Abbott Avenue. .404 Across Chestnut Avenue in an north-south direction on the east side of Abbott Avenue. .405 Across Maple Avenue in an north-south direction on the east side of Abbott Avenue. .406 Across Redwood Avenue in an east-west direction on the south side of Abbott Avenue. .407 Across Calaveras Road in an north-south direction approximately 850′ easterly from the intersection of Downing Road.
.408 Across Dennis Avenue in an north-south direction on the west side of Temple Drive. .409 Across Lynn Avenue in an east-west direction on the north side of Dennis Avenue. 205
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.410 Across Escuela Parkway in a north-south direction on the east side of Higuera Place. .411 Across Yosemite Drive in a north-south direction on the east side of Carnegie Drive.
SECTION 56. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.11 “Stopping, Standing, Parking Prohibited”
Title V, Chapter 100, Section V-100-15.11 “Stopping, Standing, Parking Prohibited” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.11 - Reserved Stopping, Standing, Parking Prohibited In accordance with the provisions of Section 10.10 (but without limitation to the generality of the other provisions of Section 10.10), and when signs are erected or curb markings installed giving notice thereof, no person shall stop, stand or park a vehicle upon any of the streets or portions of streets described as follows:
.1 Deleted by Ord. 43.81.
.2 Deleted by Ord. 43.68.
.3 Deleted by Ord. 43.81.
.4 Commencing on the east side of North Main Street at the northeast corner of the intersection of Main Street and Carlo Street and running northerly along said east side of North Main Street for a distance of 125 feet from the point of beginning.
.5 On the west side of South Main Street commencing at the intersection of Carlo Street and extending south to the intersection of Corning Avenue.
.6 On the east side of South Main Street commencing at the intersection of Carlo Street and extending south to a point opposite the north curb-line of the intersection of Corning Avenue. .7 Along the south curb-line of Dixon Road, starting at the southeast corner of Dixon Road and North Main Street and running 265 feet east along Dixon Road.
.8 Along the north curb-line of Dixon Road, starting at the northeast corner of Dixon Road and North Main Street and running 250 feet east, along Dixon Road.
.9 Along the south curb-line of Dixon Landing Road starting at the southwest corner of Dixon Landing Road and North Milpitas Boulevard and running 728 feet west along Dixon Landing Road. .10 Along the north curb-line of Dixon Landing Road, starting at the northwest corner of Dixon Landing Road and North Milpitas Boulevard and running 850 feet west along Dixon Landing Road. .11 Along the west side of North Main Street, beginning at the southwest corner of Wilson Way and North Main Street and running 170 feet south along North Main Street. .12 Along the north side of Great Mall Parkway commencing at the intersection of Montague Expressway and extending west to the I-880 southbound on/off ramps.
.13 Along the south side of Great Mall Parkway commencing at a point 200 feet east curbline of Montague Expressway and extending west to the intersection of South Main Street. 206
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.14 On the north side of Calaveras Boulevard commencing at a point 80 feet from the curb return on the east side of Park Victoria Drive (at the intersection of Calaveras Boulevard and Park Victoria Drive and continuing in an easterly direction for 185 feet)
.15 Commencing on the east side of Abbott Avenue at the northeast corner of the intersection of Abbott Avenue with Calaveras Boulevard and running northerly for a distance of 450 feet. .16 On the east side of Hammond Way, for a distance of 15 feet on each side of each of the two driveways into the Convoy (Hadley) Trucking Company (the 15 feet shall be computed as follows: commencing at the north curb return of each driveway and running in a northerly direction for 15 feet; commencing at the south curb return of each driveway and running in a southerly direction for 15 feet). .17 On that portion of Calaveras Boulevard, on the north side thereof between Abbott Avenue and Serra Way. .18 On that portion of Calaveras Boulevard, on both sides of Calaveras Boulevard, commencing at the east curbline of Piedmont Road and running easterly along Calaveras Boulevard to a point 500 feet east of the east curbline of Downing Road. .19 On the east side of Dempsey Road for a distance of 690 feet (including driveways) in a southerly direction from the southerly curb return of the intersection of Calaveras Boulevard with Dempsey Road. .20 On the east side of South Main Street commencing at the center line of Corning Avenue and extending southerly to the south property line of 620 South Main Street. .21 Deleted by Ord. 43.192.
.22 On the west side of Fallen Leaf Drive extending north for a distance of 70 feet from the north curb return of Woodland Way.
.23 On the west side of Fallen Leaf Drive extending north for a distance of 70 feet from the curb return on Pinewood Way.
.24 On the east side of South Park Victoria Drive extending for 515 feet south of curb-line of Calaveras Boulevard at its intersection with Park Victoria Drive. .25 On the east side of North Park Victoria Drive extending for 365 feet north of the curb-line of Calaveras Boulevard at its intersection with Park Victoria Drive. .26 On the west side of North Park Victoria Drive extending from the intersection of Calaveras Boulevard north to Ayer Street.
.27 On the west side of South Park Victoria Drive extending for 440 feet south of the curb-line of Calaveras Boulevard at its intersection with Park Victoria Drive. .28 On the north side of Calaveras Boulevard extending from the Sinclair Freeway northbound off-ramp to the intersection of Calaveras Boulevard and Carnegie Drive. .29 On the north side of Calaveras Boulevard extending for 260 feet east of the curb-line of North Park Victoria Drive.
.30 On the east and west sides of Escuela Parkway, and the north and south sides of its connecting streets, commencing at the intersection of Washington Drive and extending south to intersection of North Milpitas Boulevard, excepting therefrom the east side of Escuela Parkway between Cirolero Street and Manzano Street. 207
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.31 On the west side of South Park Victoria Drive commencing at the intersection of Landess Avenue and extending northerly to the intersection of Big Basin Drive. .32 Deleted by Ord. 43.139.
.33 Commencing on the west side of Abbott Avenue at the northwest and running to the southwest corner of the intersection of Abbott Avenue and Spence Avenue.
.34 On the south side of Dixon Road extending from the intersection of Arizona Avenue west to Sunnyhills Drive.
.35 On the north side of Curtis Avenue, commencing at a point 60 feet west of the west curb-line of South Main Street, and running westward for a distance of 86 feet. .36 On the north side of Midwick Drive, extending east for a distance of 190 feet from the east curb-line of North Main Street.
.37 On the north side of Yosemite Drive, commencing at a point 84 feet west of the west curb-line of South Park Victoria Drive and running west for a distance of 69 feet. .38 On the west side of North Main Street and Marylinn Drive, extending north for a distance of 707 feet from the north curb-line of Weller Lane.
.39 On East Carlo Street commencing on the north side of east Carlo Street at the east curb-line of Windsor Street thru and including the east end of East Carlo Street to the south curb-line of Carlo Street. .40 On the east side of North Abel Street commencing at the intersection of Weller Lane and extending north to the southerly K-Mart driveway.
.41 Deleted by Ord. 43.138.
.42 On the west side of North Abel Street commencing at the intersection of Penitencia Street and extending to the intersection of Calaveras Boulevard.
.43 On the north side of Weller Lane extending 172 feet east of the east curb line of Abel Street. .44 On the west side of South Abel Street commencing at the intersection of Serra Way and extending south to the intersection of Capitol Avenue.
.45 Deleted by Ord. 43.91.
.46 Entire curb length of Landess Avenue.
.47 On the east, west and north sides of Highland Court, commencing at the intersection of Landess Avenue on the west side, and commencing at a point 115 feet north of the intersection of Landess Avenue on the east side and running north to the northernmost end of Highland Court. .48 On the east, west and north sides of Lowland Court, commencing at the north curb line of Landess Avenue and running north to its northernmost end.
.49 On the south side of Calaveras Boulevard commencing at the off-ramp from northbound Nimitz Freeway and extending east to the intersection of Serra Way.
.50 Deleted by Ord. 43.106.
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.51 On the west side of Winsor Street, commencing at a point 400 feet south of the south curb line of Weller Lane and extending south for a distance of 80 feet.
.52 On the west side of Sequoia Drive, commencing at a point 50 feet north and extending to 25 feet south of the Sinnott/Rancho Milpitas Schools' driveway.
.53 On the south side of Dixon Landing Road, commencing at a point 50 feet east and extending to 50 feet west of The Friendly Village Mobile Home Park driveway.
.54 On the north side of Dixon Landing Road, commencing at a point 50 feet east and extending to 50 feet west of the Pioneer Mobile Home Park driveway.
.55 On the west side of South Park Victoria Drive, commencing at a point 440 feet south of the south curb line of Calaveras Boulevard and extending south to the south side of Los Coches Creek. .56 On the east side of South Park Victoria Drive, commencing at a point 515 feet south of the south curb line of Calaveras Boulevard and extending south to the intersection of Canton Drive. .57 At the east end of Dixon Road commencing at the east property line of 531 Dixon Road and extending to the east property line of 540 Dixon Road.
.58 At the east end of Manferd Street commencing at the east property line of 2206 Levin Street and extending to the east property line of 458 Manferd Street.
.59 On the west side of Dempsey Road commencing at a point 225 feet north of Piedmont Creek and extending south to the intersection of Landess Avenue.
.60 On the east side of Sinclair Frontage Road commencing at a point 100 feet north of the intersection of Yosemite Drive and extending south to its southernmost end. .61 On the west side of Dempsey Road commencing at Los Coches Creek and extending north to its northernmost end.
.62 On the east side of South Park Victoria Drive commencing at the intersection of Yosemite Drive and extending south to the intersection of Sonoma Drive.
.63 On the east side of South Park Victoria Drive commencing at the intersection of Edsel Drive and extending southerly for a distance of 225 feet.
.64 On the west side of South Park Victoria Drive commencing at Piedmont Creek and extending south to the intersection of Platt Avenue.
.65 Deleted by Ord. 43.87.
.66 On the north side of Calaveras Boulevard commencing at a point 200 feet east and extending to 200 feet west of the intersection of Gadsden Drive.
.67 On the north and south sides of East Calaveras Boulevard extending for a distance of 500 feet from the east curb line of Temple Drive and extending west for a distance of 400 feet from the west curb line of Temple Drive. .68 On the south side of Serra Way commencing at the intersection of Calaveras Boulevard and extending east to Serra Center driveway.
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.69 On the east and west sides of South Milpitas Boulevard commencing at the intersection of Calaveras Boulevard and extending south to the intersection of Yosemite Drive. .70 On the north and south sides of Yosemite Drive commencing at the intersection of South Milpitas Boulevard and extending east to the intersection of South Park Victoria Drive. .71 On the west side of south Main Street commencing at the intersection of Cedar Way and extending north for a distance of 250 feet.
.72 Deleted by Ord. 43.136.
.73 Deleted by Ord. 43.127.
.74 On the east side of North Abel Street commencing at the intersection of Marylinn Drive and extending north for a distance of 80 feet.
.75 On the east side of North Abel Street commencing at the intersection of Marylinn Drive and extending south for a distance of 160 feet.
.76 On the north side of Marylinn Drive commencing at the intersection of North Abel Street and extending east to the intersection of Vasona Street.
.77 On the west side of North Abel Street commencing at the intersection of Marylinn Drive and extending north for a distance of 50 feet.
.78 On the north and south sides of West Calaveras Boulevard commencing at the intersection of Abel Street and extending west to the intersection of Serra Way.
.79 On the north and south sides of Russell Lane commencing at the intersection of Escuela Parkway and extending east to the west property line of 735 Russell Lane on the north side and the west property line of 740 Russell Lane on the south side.
.80 Deleted by Ord. 43.127.
.81 On the north side of Jacklin Road commencing at the end of curb return west of Hillview Drive and extending west for a distance of 135 feet.
.82 On the east side of North Milpitas Boulevard from Calaveras Boulevard north approximately 200 feet to the entrance driveway to Milpitas City Hall.
.83 On the south side of Marylinn Drive commencing at the intersection of North Abel Street and extending east for a distance of 180 feet.
.84 Deleted by Ord. 43.127.
.85 On the south side of Serra Way commencing at the intersection of South Abel Street and extending west to the driveway to Serra Center.
.86 On the north side of Serra Way commencing at the intersection of South Abel Street and extending west for a distance of 160 feet.
.87 On the west side of South Park Victoria Drive, commencing at the south side of Los Coches Creek and extending south for a distance of 200 feet.
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.88 On the east side of South Park Victoria Drive, commencing at the south curb line of Canton Drive and extending south for a distance of 110 feet.
.89 On the east side of South Park Victoria Drive, commencing at the south curb line of Sonoma Drive and extending south to the intersection of Clear Lake Avenue. .90 On the east side of South Abel Street commencing at the intersection of Serra Way and extending south for a distance of 570 feet.
.91 On the east and west sides of South Abel Street commencing at the intersection of Serra Way and extending north to the intersection of Calaveras Boulevard.
.92 On the east and west sides of South Abel Street commencing at the intersection of Capitol Avenue and extending south to the intersection of South Main Street. .93 On the east and west sides of South Main Street commencing at the intersection of Capitol Avenue and extending south to the intersection of South Abel Street. .94 On the east side of Hillview Drive commencing at a point 85 feet north of the centerline of Tassasara Drive and extending south to a point 299 feet south of Pacheco Drive. .95 On the east and west sides of McCarthy Boulevard commencing at the intersection of Montague Expressway and extending to the north end.
.96 Along the west side of Barber Lane commencing at a point 360 feet south of the intersection of Bellew Drive and extending southerly to the intersection of McCarthy Boulevard. .97 On the east and west sides of Buckeye Drive commencing at the intersection of Cottonwood Drive and extending to the intersection of Sycamore Drive.
.98 On the north and south sides of Cottonwood Drive commencing at the intersection of McCarthy Boulevard and extending to the intersection of Barber Lane.
.99 On the north and south sides of Sycamore Drive commencing at the intersection of McCarthy Boulevard and extending to the intersection of Barber Lane.
.100 On the east and west sides of Milmont Drive commencing at the intersection of Dixon Landing Road and extending north to the City limit.
.101 On the west side of South Main Street commencing at a point 532 feet from the north curb line of Cedar Way extending north to the intersection of South Abel Street. .102 On the west side of South Milpitas Boulevard commencing at the intersection of Montague Expressway and extending north for a distance of 75 feet.
.103 On the east side of South Milpitas Boulevard commencing at the intersection of Montague Expressway and extending north for a distance of 1,425 feet.
.104 On the west side of North Milpitas Boulevard commencing at the intersection of Calaveras Boulevard and extending north for a distance of 370 feet.
.105 On the west side of South Main Street commencing at the intersection of Montague Expressway and extending north to the intersection of Cedar Way.
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.106 On the east and west sides of Hillview Drive commencing at the intersection of Calaveras Boulevard and extending south for a distance of 250 feet.
.107 On the east side of Hillview Drive commencing at the intersection of Calaveras Boulevard and extending north for a distance of 980 feet.
.108 On the west side of Hillview Drive commencing at the intersection of Calaveras Boulevard and extending to the intersection of Paseo Refugio.
.109 On the north side of Calaveras Boulevard commencing at the end of curb return west of Hillview Drive and extending west for a distance of 50 feet.
.110 On the north side of Calaveras Boulevard commencing at the end of curb return east of Hillview Drive and extending east for a distance of 50 feet.
.111 On the south side of Calaveras Boulevard commencing at the end of curb return west of Hillview Drive and extending west for a distance of 50 feet.
.112 On the south side of Calaveras Boulevard commencing at the end of curb return east of Hillview Drive and extending east for a distance of 50 feet.
.113 On the north side of Calaveras Boulevard commencing at the east side of the driveway to the faculty and library parking lot at the Milpitas Branch Junior College and extending for a distance of 100 feet. .114 On the east side of North Abel Street commencing at the intersection of Calaveras Boulevard and extending to the intersection of Weller Lane.
.115 On the north side of Jacklin Road commencing at the east curb line of Escuela Parkway and extending east for a distance of 300 feet.
.116 On the west side of North Abel Street commencing at the end of curb return north of Penitencia Street extending north for a distance of 62 feet.
.117 On the east side of Dempsey Road commencing at the end of curb return north of Yosemite Drive extending north for a distance of 70 feet.
.118 On the west side of South Park Victoria Drive commencing at a point 96 feet from the north curb line of Yellowstone and extending southerly for a distance of 230 feet. .119 On the north side of Dixon Road commencing at the end of curb return west of Arizona Avenue extending west for a distance of 30 feet.
.120 On the north side of Dixon Road commencing at the end of curb return east of Arizona Avenue extending east for a distance of 45 feet.
.121 On the south side of Dixon Road commencing at the end of curb return east of Arizona Avenue extending east for a distance of 45 feet.
.122 On the north side of Marylinn Drive commencing at the end of curb return east of Penitencia Street extending east for a distance of 50 feet.
.123 On the west side of Penitencia Street commencing at the end of curb return north of Marylinn Drive extending north for a distance of 12 feet.
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.124 On the east side of Penitencia Street commencing at the end of curb return north of Marylinn Drive extending north for a distance of 20 feet.
.125 On the east side of Penitencia Street commencing at the end of curb return south of Marylinn Drive extending south for a distance of 25 feet.
.126 On the north side of Yosemite Drive commencing at the west side of the crosswalk to Murphy School extending east for a distance of 55 feet.
.127 On the east side of Butler Street commencing at the intersection of Calaveras Boulevard extending north to a point 25 feet north of the end of curb return.
.128 On the south side of Jacklin Road commencing at the intersection of North Milpitas Boulevard extending east to the intersection of Jacklin Place.
.129 On the north side of Jacklin Road commencing at the intersection of North Milpitas Boulevard extending east for a distance of 250 feet.
.130 On the north side of Jacklin Court commencing at the end of curb return north of Jacklin Road extending west for a distance of 150 feet.
.131 On the south side of Jacklin Court commencing at the end of curb return north of Jacklin Road extending west for a distance of 150 feet.
.132 Deleted by 43.198.
.133 On the east side of Dempsey Road commencing at the end of curb return south of Yosemite Drive, extending south for a distance of 60 feet.
.134 On the west side of Penitencia Street commencing at the end of curb return south of Marylinn Drive extending south for a distance of 25 feet.
.135 On the north and south sides of Marylinn Drive commencing at the intersection of Barker Street and extending east to the intersection of Penitencia Street. .136 On the south side of Cedar Way commencing at the end of curb return at South Main Street extending west for a distance of 32 feet.
.137 On the north and south sides of Buckeye Court commencing at the intersection of Buckeye Drive and extending west to the end of Buckeye Court.
.138 On the south side of Paseo Refugio commencing at the west curb line of Hillview Drive and extending westerly for a distance of 520 feet.
.139 Deleted by Ord. 43.169.
.140 Deleted by Ord. 43.169.
.141 On the east and west sides of Hillview Drive commencing at the end of curb returns south of Los Coches Street and extending south for a distance of 200 feet.
.142 On the east side of South Milpitas Boulevard commencing at a point 1,425 feet north of Montague Expressway and extending north to the intersection of Yosemite Drive. 213
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.143 On the west side of South Milpitas Boulevard commencing at the intersection of Yosemite Drive and extending south to a point 585 feet south of the centerline of Gibraltar Drive. .144 On the north and south sides of Yosemite Drive commencing at the intersection of South Milpitas Boulevard and extending to the intersection of Gibraltar Court.
.145 On the east and west sides of Gibraltar Drive commencing at the intersection of Gibraltar Court and extending southerly to the intersection of South Milpitas Boulevard. .146 Deleted by Ord. 43.173.
.147 On both sides of Hillview Drive commencing at the intersection of Jacklin Road and extending south to Tularcitos Creek.
.148 On the south side of West Curtis Avenue commencing at the centerline of South Main Street and extending west for a distance of 275 feet.
.149 On the east and west sides of North Milpitas Boulevard commencing at the intersection of Jacklin Road and extending north to the intersection of Dixon Road.
.150 On the west side of North Milpitas Boulevard, commencing at the end of curb return south of Beresford Court and extending south for a distance of 80 feet.
.151 On the south side of Dixon Landing Road commencing at the intersection of California Circle and extending east to the Southern Pacific Railroad right-of-way.
.152 On both sides of California Circle commencing at the intersection of Dixon Landing Road and extending to the easterly end of California Circle.
.153 On the north and south sides of Beresford Court commencing at the intersection of North Milpitas Boulevard and extending westerly to the beginning of the cul-de-sac bulb. .154 On the north side of Jacklin Road commencing at the intersection of Hillview Drive and extending east to the I-680 interchange.
.155 On the west side of Evans Road commencing at the end of curb return north of Kennedy Drive and extending north for a distance of 120 feet.
.156 On the east and west sides of North Milpitas Boulevard commencing at the intersection of Dixon Road and extending north to the north City limits.
.157 On the east side of North Milpitas Boulevard commencing at the northerly end of the southerly driveway from City Hall and extending north for a distance of 20 feet. .158 Deleted by Ord. 43.164.
.159 On the west side of North Park Victoria Drive from the intersection of London Drive to the intersection of Carson Way.
.160 On the north side of Curtis Avenue commencing at a point 20 feet east of the middle driveway at Lockheed warehouse and extending west to a point 20 feet west of the driveway. .161 On the south side of Jacklin Road commencing at the intersection of Hillview Drive and extending east for a distance of 100 feet.
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.162 On the northerly side of Montague Expressway commencing at the intersection of Trade Zone Boulevard and extending to the west City Limits.
.163 On both sides of Montague Expressway commencing at the intersection of Trade Zone Boulevard and extending to the I-680 interchange.
.164 On the north side of Trade Zone Boulevard commencing at the end of curb return east of Montague Expressway and extending east for a distance of 100 feet. .165 On both sides of Tasman Drive commencing at the intersection of McCarthy Boulevard and extending to the intersection of Alder Drive.
.166 On both sides of Alder Drive commencing at the intersection of McCarthy Boulevard and extending to the intersection of Barber Lane.
.167 On both sides of Magnolia Drive commencing at the intersection of McCarthy Boulevard and extending to the intersection of Sumac Drive.
.168 On both sides of Sumac Drive commencing at the intersection of Magnolia Drive and extending to the intersection of McCarthy Boulevard.
.169 On the north side of Ames Avenue commencing at the east end of the driveway to Great Western Chemical Company, and extending east for a distance of 25 feet.
.170 On the east side of South Main Street commencing at the end of curb return north of Montague Expressway, and extending north for a distance of 240 feet.
.171 On the east side of South Main Street commencing at the end of curb return south of the intersection of Main Street and Abel Street, and extending south for a distance of 260 feet. .172 On the east side of South Main Street commencing at the intersection of Capitol Avenue and extending to the intersection of Curtis Avenue.
.173 On the west side of South Main Street commencing at the intersection of Capitol Avenue and extending north for a distance of 250 feet.
.174 On both sides of South Abbott Avenue commencing at the intersection of Calaveras Boulevard and extending to the south end.
.175 On both sides of Cadillac Court commencing at the intersection of California Circle and extending to the south end.
.176 On both sides of Fairview Way commencing at the intersection of California Circle and extending to the intersection of Cadillac Court.
.177 On both sides of North Park Victoria Drive commencing at the intersection of Jacklin Road and extending south to a point 130 feet south of the end of curb return south of Daniel Court. .178 On the east side of North Main Street commencing at the south end of the southerly driveway to the parking lot of 160 North Main Street and extending south for a distance of 85 feet. .179 On the south side of Jacklin Road commencing at the end of curb return west of North Park Victoria Drive and extending west for a distance of 430 feet.
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.180 On the west side of Evans Road commencing at the end of curb return north of Kennedy Drive and extending north for a distance of 200 feet.
.181 On the east side of South Park Victoria Drive commencing at the intersection of Landess Avenue and extending north to the intersection of Clear Lake Avenue. .182 On the north side of Capitol Avenue commencing at the easterly City limit and extending west to the Western Pacific Railroad.
.183 On the south side of Jacklin Road commencing at the end of curb return east of North Park Victoria Drive and extending east for a distance of 280 feet.
.184 On both sides of McCandless Drive, commencing at the intersection of Montague Expressway and extending to the intersection of Capitol Avenue.
.185 On both sides of Serra Way commencing at the intersection of South Main Street and extending to the intersection of South Abel Street.
.186 Deleted by Ord. 43.143.
.187 On the east side of North Abel Street commencing at a point 330 feet south of the centerline of Redwood Avenue and extending north for a distance of 500 feet.
.188 Deleted by Ord. 43.143.
.189 Deleted by Ord. 43.143.
.190 On the south side of Redwood Avenue commencing at the end of the curb return west of North Abel Street and extending west for a distance of 56 feet.
.191 On the west side of South Main Street commencing at the north corner of the Fire Station No. 1 driveway and extending north for a distance of 25 feet.
.192 On the westerly side of Pecten Court, commencing at the end of the curb return at Montague Expressway, extending southerly around a curve, then continuing easterly for 23 feet making a total of 234 feet. .193 On the easterly side of Pecten Court, commencing at a point 70 feet south of the end of the curb return at Montague Expressway and extending southerly around a curve, then continuing easterly for 7 feet, making a total of 84 feet.
.194 On the west side of North Abel Street commencing at the end of curb return south of Redwood Avenue and extending south for a distance of 150 feet.
.195 Deleted by Ord. 43.152.
.196 On South Abel Street, extending 3 feet north from the northerly corner of the post office employees' driveway.
.197 Along the north side of Calaveras Boulevard between the off-ramp of Interstate Route 680 to Hillview Drive.
.198 On the north side of Yosemite Drive commencing at the end of the curb return east of Roswell Drive and extending east for a distance of 16 feet.
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.199 On the east side of Hillview Drive beginning at a point directly opposite from the south curb line of the Container Corporation driveway and extending north for a distance of 115 feet. .200 Entire curb length of Hillview Court.
.201 On both sides of Yellowstone Avenue commencing at the end of the curb return north of Westridge Drive and extending north for a distance of 240 feet.
.202 On both sides of Yellowstone Avenue commencing at the end of the curb return south of Westridge Drive and extending south for a distance of 350 feet.
.203 On both sides of Westridge Drive commencing at the end of the curb return east of Yellowstone Avenue and extending east for a distance of 50 feet.
.204 On the north side of Paseo Refugio commencing at the end of the curb return east of Hillview Drive and extending west for a distance of 490 feet.
.205 On the south side of East Curtis Avenue near the east gate of the Old Ford Plant and extending 100 feet away from the west end of the easterly driveway.
.206 On the north side of Jacklin Road commencing at the end of the curb return east of Arizona Avenue and extending east for a distance of 80 feet.
.207 On the north side of Jacklin Road commencing at the end of the curb return west of Escuela Parkway and extending west for a distance of 80 feet.
.208 Commencing on the east side of Abbott Avenue at the southeast corner of the intersection of Abbott Avenue with Spence Avenue and running southerly for a distance of 200 feet. .209 On the west side of North Main Street commencing at the end of the curb return north of the Calaveras Boulevard off-ramp and extending northerly for a distance of 67 feet. .210 Along the south side of Jacklin Court commencing at the intersection of Jacklin Court/Oregon Way and extending west for a distance of 150 feet.
.211 Along the west side of North Park Victoria Drive commencing at the intersection of Jacklin Road and extending north to the intersection of Fox Hollow Court. .212 On the west side of Yellowstone Avenue commencing at the end of the curb return north of Landess Avenue and extending north for a distance of 100 feet.
.213 On the east side of Yellowstone Avenue commencing at the end of the curb return north of Landess Avenue and extending north for a distance of 100 feet.
.214 On the west side of Fallen Leaf Drive commencing at the end of the curb return north of Greenwood Way and extending north for a distance of 50 feet.
.215 On the north end of Greenwood Way commencing at the end of the curb return west of Fallen Leaf Drive and extending west for a distance of 50 feet.
.216 On the west side of Sinclair Frontage Road commencing at the intersection of Los Coches Street and extending south to Yosemite Drive.
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72 Ordinance No. _____
.217 On the northerly side of Landess Avenue commencing at the end of the curb return east of Montara Drive and extending easterly for a distance of 140 feet.
.218 On the east side of Capitol Avenue commencing at the end curb return south of Montague Expressway and extending southerly for a distance of 380 feet.
.219 On the southerly side of Dixon Landing Road commencing between the railroad and a point 473 feet easterly.
.220 On the easterly side of Sinclair Frontage Road commencing at the end of the curb return north of Ames Avenue and continuing southerly for a distance of 90 feet. .221 On the easterly side of Sinclair Frontage Road commencing at a point 150 feet north of the end of the curb return north of Ames Avenue and continuing northerly for a distance of 80 feet. .222 On the easterly side of Sinclair Frontage Road commencing at a point 820 feet north of the end of curb return north of Ames Avenue and continuing northerly for a distance of 86 feet. .223 On the northerly side of Los Coches Street commencing at the easterly side of the driveway of 375 Los Coches Street and extending easterly for a distance of 140 feet. .224 Along the east side of Barber Lane commencing at the intersection of McCarthy Boulevard and extending northerly for a distance of approximately 7,513 feet.
.225 Deleted by Ord. 43.191.
.226 On the northerly side of Ames Avenue commencing at the end of the curb return east of South Milpitas Boulevard and extending east for a distance of 130 feet. .227 On the easterly side of Vista Way commencing at the end of the curb return south of Wrigley Way and extending south for a distance of 400 feet.
.228 On the south side of Los Coches Street commencing at the end of the curb return east of South Milpitas Boulevard and extending easterly for a distance of 120 feet. .229 On both sides of Downing Road commencing at the intersections of Calaveras Road and Old Calaveras Road.
.230 On both sides of Old Calaveras Road commencing at the intersections of Downing Road and extending westerly to the City Limit.
.231 Along the northerly side of Dixon Landing Road commencing at the end of the curb return west of Milmont Drive and extending westerly for a distance of 590 feet. .232 Along the westerly side of Barber Court commencing at the end of the curb return north of Bellew Drive and extending northerly to the center of the cul-de-sac. .233 On the east side of South Park Victoria Drive commencing at the intersection of Edsel Drive and extending northerly for a distance of 190 feet.
.234 On the west side of South Park Victoria Drive commencing at the intersection of Edsel Drive and extending northerly for a distance of 220 feet.
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73 Ordinance No. _____
.235 On the west side of South Park Victoria Drive commencing at the intersection of Edsel Drive and extending southerly for a distance of 225 feet.
SECTION 57. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.12 “Vehicles in Excess of Certain Gross Weight Limits Prohibited” Title V, Chapter 100, Section V-100-15.12 “Vehicles in Excess of Certain Gross Weight Limits Prohibited” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.12 Reserved Vehicles in Excess of Certain Gross Weight Limits Prohibited In accordance with the provisions of Section 12.07 of this Chapter, and where signs are erected giving notice thereof at all entrances to the highway or parts thereof affected, all streets and parts of streets in the City of Milpitas (now or hereafter existing) are hereby declared to be streets, the use of which is prohibited by any vehicle exceeding a maximum gross weight limit of four (4) tons, with the following specific exceptions:
No. Street Segment
.1 Deleted by Ord. 43.210
.2 Weller Lane Entire Segment
.3 Deleted by Ord. 43.210
.4 Deleted by Ord. 43.210
.5 Deleted by Ord. 43.210
.6 Ames Avenue Entire Segment
.7 Deleted by Ord. 43.210
.8 Piper Drive Entire Segment
.9 Landess
Avenue
Entire Segment
.15 Hammond Way Entire Segment
.16 Deleted by Ord. 43.146
.17 Piedmont Road Entire Segment
.18 Abbott Avenue Spence Avenue and Calaveras Boulevard .19 South Milpitas
Boulevard
Montague Expressway and Calaveras Boulevard
.20 Los Coches
Street
Entire Segment
.21 Hillview Drive Calaveras Boulevard Yosemite Drive
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74 Ordinance No. _____
.22 Sinclair
Frontage Road
Entire Segment
.23 Yosemite Drive West of Dempsey Road
.24 Vista Way Entire Segment
.25 Wrigley Way Entire Segment
.26 Watson Court Entire Segment
.27 Pecten Court Entire Segment
.28 Gladding Court Entire Segment
.29 Deleted by Ord. 43.210
.30 Sango Court Entire Segment
.31 Houret Drive Entire Segment
.32 Tarob Court Entire Segment
.33 Milmont Drive Dixon Landing Road and Northern City Limits .34 Railroad
Avenue
Entire Segment
.35 Deleted by Ord. 43.210
.36 McCarthy
Boulevard
Entire Segment
.37 Barber Lane Entire Segment
.38 Buckeye Drive Entire Segment
.39 Cottonwood
Drive
Entire Segment
.40 Sycamore Drive Entire Segment
.41 Turquoise
Street
Entire Segment
.42 Topaz Street Entire Segment
.43 Buckeye Court Entire Segment
.44 Gibraltar Drive Entire Segment
.45 Gibraltar Court Entire Segment
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.46 California
Circle
Entire Segment
.47 Deleted by Ord. 43.210
.48 Trade Zone
Boulevard
That portion within the City Limits
.49 Centre Point
Drive
Entire Segment
.50 Tasman Drive Entire Segment
.51 Alder Drive Entire Segment
.52 Magnolia Drive Entire Segment
.53 Sumac Drive Entire Segment
.54 Abbott Avenue South of Calaveras Boulevard
.55 Fairview Way Entire Segment
.56 Cadillac Court Entire Segment
.57 Lundy Place That portion within the City Limits
.58 McCandless
Drive
Entire Segment
.59 Deleted by Ord. 43.210
.60 Dempsey Way Entire Segment
.61 N Abel Street Weller Lane and Calaveras Boulevard
.62 S Abel Street Great Mall Parkway and S Main Street
.63 N Main Street Railroad Avenue and Weller Lane
.64 S Main Street Curtis Avenue and S Abel Street
.65 Curtis Avenue S Main Street to Easterly End-of-Street .66 Great Mall
Parkway
Tasman Drive to Capitol Avenue
.67 Capitol Avenue Great Mall Parkway to Southerly City Limits .68 Dempsey Road Yosemite Drive to Montague Expressway
SECTION 58. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.13 “Mail Deposit Zones”
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Title V, Chapter 100, Section V-100-15.13 “Mail Deposit Zones” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.13 - Reserved Mail Deposit Zones
In accordance with Section 11.08, the following portions of streets are hereby designated and described as mail deposit zones:
.1 Deleted by Ord. 43.81.
.2 Deleted by Ord. 43.102.
SECTION 59. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.14 “Bus Zones”
Title V, Chapter 100, Section V-100-15.14 “Bus Zones” of the Milpitas Municipal Code is hereby deleted and reserved.
The deleted text is shown in strikethrough below:
V-100-15.14 - Reserved Bus Zones
In accordance with the provisions of Section 11.07, the following are designated as "Bus Zones" and shall be subject to the directives and limitations set forth in Section 11.07, Subsections (1), (2), (3), (4), (5), (6) and (7):
.1 On the east side of Main Street from a point 242 feet south of the south curb return of Calaveras Boulevard to a point 316 feet south of the south curb return on Calaveras Boulevard. .2 On the west side of Main St. from a point 242 feet south of the south curb return on Carlo St. to a point 302 feet south of the south curb return of Carlo St.
SECTION 60. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.16 “Specific turning movements prohibited at specific areas” Title V, Chapter 100, Section V-100-15.16 “Specific turning movements prohibited at specific areas” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.16. Reserved Specific turning movements prohibited at specific areas In accordance with the provisions of Section 5.06 and when signs are erected giving notice thereof, drivers of vehicles shall obey the directions of any such sign located as hereafter described:
No. Street Location Time
.1 S Abbott Avenue Brentwood Market Parking Lot Any
Time
.2 Deleted by Ord. 43.146
.3 N Milpitas Boulevard Beresford Square Shopping Center Parking Lot 7 a.m.— 7 p.m.
Everyday
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.4 Deleted by Ord. 43.210
.5 Jacklin Road Westbound Jacklin Road at Hillview Drive 7 a.m.— 8 a.m.
Mon—
Fri
.6 Jacklin Road Westbound Jacklin Road at Campbell Street 7 a.m.— 8 a.m.
Mon-Fri
.7 N Abel Street Southbound N Abel Street at Redwood Avenue (Carpools OK)
6 a.m.—
9 a.m.
Mon—
Fri
.8 N Abel Street Southbound N Abel Street at Marilynn Drive (Carpools OK)
6 a.m.—
9 a.m.
Mon—
Fri
.9 N Abel Street Southbound N Abel Street at Penitencia Street (Carpools OK)
6 a.m.—
9 a.m.
Mon—
Fri
SECTION 61. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.17 “Approaches to Intersections at Which Yield-Right-of-Way Signs Shall be Erected” Title V, Chapter 100, Section V-100-15.17 “Approaches to Intersections at Which Yield-Right-of-Way Signs Shall be Erected” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.17 - Reserved Approaches to Intersections at Which Yield-Right-of-Way Signs Shall be Erected In accordance with the provisions of Section 7.04 and when signs are erected giving notice thereof, drivers of vehicles shall yield the right-of-way at the approach to an intersection of streets and highways as listed below:
.1 Deleted by Ord. 43.194.
.2 On Jupiter Court on the eastbound approach and on the westbound approach to Gadsden Drive, causing traffic moving easterly or westerly on Jupiter Court to yield the right-of-way to traffic on Gadsden Drive. .3 On Rudyard Drive on the eastbound approach and the westbound approach to Smithwood Street, causing traffic moving easterly or westerly on Rudyard Drive to yield the right-of-way to traffic on Smithwood Street. .4 On Easter Avenue on the eastbound approach and the westbound approach to Abbott Avenue, causing traffic moving easterly or westerly on Easter Avenue to yield the right-of-way to traffic on Abbott Avenue. .5 On Perry Street, on the northbound approach to Canton Drive, causing traffic moving northbound on Perry Street to yield the right-of-way to traffic on Canton Drive.
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78 Ordinance No. _____
.6 On Rodrigues Avenue, on the northbound approach to Canton Drive, causing traffic moving northbound on Rodrigues Avenue to yield the right-of-way to traffic on Canton Drive. .7 On Landess Avenue at its westbound approach to Capitol Avenue, causing traffic making a turning movement from Landess Avenue to Capitol Avenue to yield the right-of-way to traffic on Capitol Avenue. .8 At the intersection of Landess Avenue with Capitol Avenue, causing traffic making a southbound turning movement from Landess Avenue to yield the right-of-way to traffic on Capitol Avenue. .9 At the intersection of Walnut Drive with Abbott Avenue, causing traffic entering Abbott Avenue from Walnut Drive to yield the right-of-way to traffic on Abbott Avenue. .10 At the intersection of Elm Avenue with Abbott Avenue, causing traffic entering the intersection from Elm Avenue to yield the right-of-way to traffic on Abbott Avenue.
.11 At the intersection of Willow Avenue with Abbott Avenue, causing traffic entering the intersection from Willow Avenue to yield the right-of-way to traffic on Abbott Avenue. .12 At the intersection of Chestnut Avenue with Abbott Avenue, causing traffic entering the intersection from Chestnut Avenue to yield the right-of-way to traffic on Abbott Avenue. .13 At the intersection of Maple Avenue with Abbott Avenue, causing traffic entering the intersection of Maple Avenue to yield the right-of-way to traffic on Abbott Avenue. .14 Deleted by Ord. 43.106.
.15 Deleted by Ord. 43.106.
.16 Deleted by Ord. 43.106.
.17 Deleted by Ord. 43.106.
.18 Deleted by Ord. 43.106.
.19 Deleted by Ord. 43.106.
.20 At the intersection of Stellar Way and Woodland Way, requiring traffic on Stellar Way to yield the right-of-way to traffic on Woodland Way.
.21 At the intersection of Moonbeam Way and Woodland Way requiring traffic on Moonbeam Way to yield right-ofway to traffic on Woodland Way. .22 At the intersection of Cestaric Drive and Kennedy Drive, requiring traffic southbound on Cestaric Drive to yield to traffic on Kennedy Drive.
.23 At the intersection of Printy Avenue and Kennedy Drive, requiring traffic southbound on Printy Avenue to yield to traffic on Kennedy Drive.
.24 At the intersection of Galaxy Court with Starlite Drive, requiring traffic eastbound on Galaxy Court to yield to traffic on Starlite Drive.
.25 At the intersection of Starlite Court with Starlite Drive, requiring traffic eastbound on Starlite Court to yield to traffic on Starlite Drive.
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79 Ordinance No. _____
.26 At the intersection of Gibbons Court with Starlite Drive, requiring traffic eastbound on Gibbons Court to yield to traffic on Starlite Drive.
.27 At the intersection of Live Oak Court with Starlite Drive, requiring traffic eastbound on Live Oak Court to yield to traffic on Starlite Drive.
.28 At the intersection of Marylinn Drive and Heath Street requiring traffic westbound on Marylinn Drive to yield to traffic on Heath Street.
.29 At the intersection of Hammond Way and Curtis Avenue requiring traffic southbound on Hammond Way to yield to traffic on Curtis Avenue.
.30 At the intersection of Blue Spruce Drive and Blue Spruce Court with Fallen Leaf Drive requiring traffic northbound and southbound on Blue Spruce Drive and Blue Spruce Court to yield to traffic on Fallen Leaf Drive. .31 At the intersection of Landess Avenue and South Park Victoria Drive requiring traffic westbound on Landess Avenue in the far right hand lane turning north onto South Park Victoria Drive to yield to traffic on South Park Victoria Drive.
.32 At the intersection of Capitol Avenue and Starlite Drive, requiring traffic entering Starlite drive from Capitol Avenue to yield the right-of-way to traffic on Starlite Drive. .33 Deleted by Ord. 43.86.
.34 Deleted by Ord. 43.113.
.35 At the intersection of Elm Avenue at Heath Street, causing traffic entering Heath Street from Elm Avenue to yield the right-of-way to traffic on Heath Street.
.36 At the intersection of Chestnut Avenue at Heath Street, causing traffic entering Heath Street from Chestnut Avenue to yield to traffic on Heath Street.
.37 At the intersection of Smithwood Street at Marylinn Drive, causing traffic entering Marylinn Drive from Smithwood Street to yield the right-of-way to traffic on Marylinn Drive. .38 At the intersection of Patricia Court at Edsel Drive, causing traffic entering Edsel Drive from Patricia Court to yield the right-of-way to traffic on Edsel Drive.
.39 At the intersection of LaBaree at Edsel Drive, causing traffic entering Edsel Drive from LaBaree to yield the rightof-way to traffic on Edsel Drive. .40 At the intersection of Stulman at Edsel Drive, causing traffic entering Edsel Drive from Stulman to yield the rightof-way to traffic on Edsel Drive. .41 At the intersection of Bixby Drive at Edsel Drive, causing traffic entering Edsel Drive from Bixby Drive to yield the right-of-way to traffic on Edsel Drive.
.42 At the intersection of Park Grove Drive and Park Hill Drive, causing traffic entering Park Hill Drive from Park Grove Drive to yield the right-of-way to traffic on Park Hill Drive. .43 Deleted by Ord. 43.166.
.44 At the intersection of Dennis Avenue and Fanyon Street, causing traffic entering Fanyon Street from Dennis Avenue to yield the right-of-way to traffic on Fanyon Street. 225
80 Ordinance No. _____
.45 At the intersection of Ellis Avenue at Lynn Avenue, causing traffic entering Lynn Avenue from Ellis Avenue to yield the right-of-way to traffic on Lynn Avenue.
.46 At the intersection of Freeland Drive at Edsel Drive, causing traffic entering Edsel Drive from Freeland Drive to yield the right-of-way to traffic on Edsel Drive.
.47 Deleted by Ord. 43.102.
.48 At the intersection of Mattos Drive and Edsel Drive, causing traffic entering Edsel Drive from Mattos Drive to yield the right-of-way on Edsel Drive.
.49 At the intersection of Dolores Drive at Edsel Drive, causing traffic entering Edsel Drive from Dolores Drive to yield the right-of-way to traffic on Edsel Drive.
.50 At the intersection of Carl Avenue and Lynn Avenue, causing traffic entering Lynn Avenue from Carl Avenue to yield the right-of-way to traffic on Lynn Avenue.
.51 At the intersection of Braly Avenue at Lynn Avenue, causing traffic entering Lynn Avenue from Braly Avenue to yield the right-of-way to traffic on Lynn Avenue.
.52 At the intersection of Ferreira Court at Edsel Drive, causing traffic entering Edsel Drive from Ferreira Court to yield the right-of-way to traffic on Edsel Drive.
.53 At the intersection of Holly Court at Edsel Drive, causing traffic entering Edsel Drive from Holly Court to yield the right-of-way to traffic on Edsel Drive.
.54 At the intersection of Lomer Court at Edsel Drive, causing traffic entering Edsel Drive from Lomer Court to yield the right-of-way to traffic on Edsel Drive.
.55 At the intersection of Bryce Court at Yosemite Drive, causing traffic entering Yosemite drive from Bryce Court to yield the right-of-way to traffic on Yosemite Drive. .56 At the intersection of Zion Court at Yosemite Drive, causing traffic entering Yosemite Drive from Zion Court to yield the right-of-way to traffic on Yosemite Drive.
.57 At the intersection of Solar Court at Canton Drive, causing traffic entering Canton Drive from Solar Court to yield the right-of-way to traffic on Canton Drive.
.58 At the intersection of Beacon Drive at Canton Drive, causing traffic entering Canton Drive from Beacon Drive to yield the right-of-way to traffic on Canton Drive.
.59 At the intersection of Lawton Drive at Canton Drive, causing traffic entering Canton Drive from Lawton Drive to yield the right-of-way to traffic on Canton Drive.
.60 At the intersection of Uvas Street at Penitencia Street, causing traffic entering Penitencia Street from Uvas Street to yield the right-of-way to traffic on Penitencia Street. .61 At the intersection of Taylor Drive at Conway Street, causing traffic entering Conway Street from Taylor Drive to yield the right-of-way to traffic on Conway Street.
.62 At the intersection of Nieves Street at Diel Drive, causing traffic entering Diel Drive from Nieves Street to yield the right-of-way to traffic on Diel Drive.
.63 At the intersection of Nieves Street at Madalen Drive, causing traffic entering Madalen Drive from Nieves Street to yield the right-of-way to traffic on Madalen Drive.
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81 Ordinance No. _____
.64 Deleted by Ord. 43.109.
.65 At the intersection of San Petra Court and Junipero Drive, causing traffic entering Junipero Drive from San Petra Court to yield the right-of-way to traffic on Junipero Drive. .66 At the intersection of San Miguel Court and Junipero Drive, causing traffic entering Junipero Drive from San Miguel Court to yield the right-of-way to traffic on Junipero Drive. .67 At the intersection of Ethyl Court and Ethyl Street, causing traffic entering Ethyl Street from Ethyl Court to yield the right-of-way to traffic on Ethyl Street.
.68 At the intersection of Kizer Drive and Columbus Drive, causing traffic entering Columbus Drive from Kizer Drive to yield the right-of-way to traffic on Columbus Drive. .69 At the intersection of Rivera Drive and Columbus Drive, causing traffic entering Columbus Drive from Rivera Drive to yield the right-of-way to traffic on Columbus Drive. .70 At the intersection of Heflin Drive and Columbus Drive, causing traffic entering Columbus Drive from Heflin Drive to yield the right-of-way to traffic on Columbus Drive. .71 At the intersection of the entrance ramp for eastbound traffic on Calaveras Boulevard from Carlo Street and Calaveras Boulevard, causing traffic entering Calaveras Boulevard from the on ramp to yield the right-of-way to traffic on Calaveras Blvd.
.72 Deleted by Ord. 43.140.
.73 At the intersection of Laguna Drive and Pescadero Street, causing traffic entering Pescadero Street from Laguna Drive to yield the right-of-way to traffic on Pescadero Street. .74 At the intersection of La Honda Drive and Pescadero Street, causing traffic entering Pescadero Street from La Honda Drive to yield the right-of-way to traffic on Pescadero Street. .75 At the intersection of Pescadero Court and Pescadero Street, causing traffic entering Pescadero Street from Pescadero Court to yield the right-of-way to traffic on Pescadero Street. .76 and .77 not used (see Ord. 43.102).
.78 Deleted by Ord. 43.121.
.79 At the intersection of Tarob Court and Lundy Place, causing traffic entering Lundy Place from Tarob Court to yield the right-of-way to traffic on Lundy Place.
.80 Deleted by Ord. 43.131.
.81 At the intersection of Big Basin Drive and Clear Lake Avenue, causing traffic entering Clear Lake Avenue from Big Basin Drive to yield the right-of-way to traffic on Clear Lake Avenue. .82 At the intersection of Glasgow Court and Dundee Avenue, causing traffic entering Dundee Avenue from Glasgow Court to yield the right-of-way to traffic on Dundee Avenue. .83 At the intersection of Aberdeen Way and Santa Rita Drive, causing traffic entering Santa Rita Drive from Aberdeen Way to yield the right-of-way to traffic on Santa Rita Drive. .84 At the intersection of Shetland Court and Santa Rita Drive, causing traffic entering Santa Rita Drive from Shetland Court to yield the right-of-way to traffic on Santa Rita Drive. 227
82 Ordinance No. _____
.85 At the intersection of Via Baja Dr. and Singley Dr., causing traffic entering Singley Dr. from Via Baja Dr. to yield right-of-way to traffic on Singley Dr.
.86 At the intersection of Sark Ct. and Hamilton Ave., causing traffic entering Hamilton Avenue from Sark Court to yield the right-of-way to traffic on Hamilton Ave.
.87 At the intersection of Donahe Dr. and Tramway Dr., causing traffic entering Tramway Dr. from Donahe Dr. to yield right-of-way to traffic on Tramway Dr.
.88 At the intersection of Watson Court and Montague Expwy., causing traffic entering Montague Expwy. from Watson Ct. to yield the right-of-way to traffic on Montague Expwy. .89 At the intersection of Gladding Ct. and Montague Expwy., causing traffic entering Montague Expwy. from Gladding Ct. to yield the right-of-way to traffic on Montague Expwy. .90 At the intersection of Houret Ct. and Montague Expwy., causing traffic entering Montague Expwy. from Houret Ct. to yield the right-of-way to traffic on Montague Expwy. .91 At the intersection of Sango Ct. and Montague Expwy., causing traffic entering Montague Expwy. from Sango Ct. to yield the right-of-way to traffic on Montague Expwy. .92 Deleted by Ord. 43.151.
.93 At the intersection of Bayview Park Drive and Old Evans Road, causing traffic entering Old Evans Road from Bayview Park Drive to yield the right-of-way to traffic on Old Evans Road. .94 At the intersection of Alexander Way and Old Evans Road, causing traffic entering Old Evans Road from Alexander Way to yield the right-of-way to traffic on Old Evans Road. .95 At the intersection of Wylie Drive and Falcato Drive causing traffic entering Falcato Drive from Wylie Drive to yield the right-of-way to traffic on Falcato Drive.
.96 At the intersection of Heflin Street and Tice Drive causing traffic entering Tice Drive from Heflin Street to yield the right-of-way to traffic on Tice Drive.
.97 At the intersection of Manferd Street and Arizona Avenue causing traffic entering Arizona Avenue from Manferd Street to yield the right-of-way to traffic on Arizona Avenue. .98 At the intersection of North Main Street and Railroad Avenue causing northbound right turning traffic on North Main Street entering Railroad Avenue to yield the right-of-way to traffic on Railroad Avenue. .99 At the intersection of westbound Jacklin Road and the I-680 northbound on-ramp causing right-turning Jacklin Road traffic to yield the right-of-way to northbound traffic on the on-ramp. .100 At the intersection of Campbell Street and Kevenaire Drive causing traffic entering Kevenaire Drive from Campbell Street to yield the right-of-way to traffic on Kevenaire Drive. .101 At the intersection of Serpa Drive and Old Evans Road, causing traffic entering Old Evans Road from Serpa Drive to yield the right-of-way to traffic on Old Evans Road. .102 At the intersection of Rudyard Drive and Casper Street causing traffic entering Casper Street from Rudyard Drive to yield the right-of-way to traffic on Casper Street.
.103 At the intersection of Michael Street and Michael Court causing traffic entering Michael Court from Michael Street to yield the right-of-way to traffic on Michael Court. 228
83 Ordinance No. _____
.104 At the intersection of Pedro Avenue and Falcato Drive causing traffic entering Falcato Drive to yield the rightof-way to traffic on Falcato Drive. .105 At the intersection of Sepulveda Avenue and Falcato Drive causing traffic entering Falcato Drive to yield the right-of-way to traffic on Falcato Drive.
.106 At the intersection of Bolton Drive and Stratford Drive causing traffic entering Bolton Drive to yield the rightof-way to traffic on Bolton Drive.
SECTION 62. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.18 “ Entrances and Exits at which Signs Shall Be Erected” Title V, Chapter 100, Section V-100-15.18 “ Entrances and Exits at which Signs Shall Be Erected” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.18 - Reserved Entrances and Exits at which Signs Shall Be Erected In accordance with the provisions of Section 7.05 and when signs are erected giving notice thereof, drivers of vehicles shall use the following approaches or departures for entrance only or exit only, as the case may be:
.1 Entrance only on the east driveway of the Ayer High School Student Parking Lot. .2 Exit only on the west driveway of the Ayer High School Student Parking Lot. .3 Entrance only on the west driveway of the Milpitas High School Student/Faculty Parking Lot at Arizona Avenue.
SECTION 63. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.19 “ Places at Which Stop Signs Shall Be Erected”
Title V, Chapter 100, Section V-100-15.19 “Places at Which Stop Signs Shall Be Erected” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.19 - Reserved Places at Which Stop Signs Shall Be Erected In accordance with the provisions of Section 7.06 and where signs are erected giving notice thereof, drivers of vehicles shall stop at the entrance or entrances to these intersections described as follows:
.1 At the intersection of Pioneer Park with Dixon Road, stopping all traffic moving southerly from Pioneer Park. .2 At the intersection of Mobilodge with North Main Street, stopping all traffic moving easterly from Mobilodge. .3 At the intersection of the exit from the Conmat Cement Plant onto Capitol Avenue, stopping all traffic entering Capitol Avenue from the exit of the Conmat Cement Plant. .4 At Rancho Higuera Road at its intersection with Roger Street, stopping all traffic entering the intersection from Rancho Higuera Road.
.5 At the intersection of Serra Center parking lot with Serra Way, stopping northbound traffic onto Serra Way. .6 At the entrance of Serra Center parking lot with Abel Street, stopping eastbound traffic onto Abel Street. 229
84 Ordinance No. _____
.7 At the intersection of the private driveway of Cook Paint and Varnish Company and Dempsey Road, stopping all eastbound traffic entering Dempsey Road from the private driveway. .8 Deleted by Ord. 43.113.
.9 Deleted by Ord. 43.133.
.10 At the intersection of the driveway from the Oak Creek Pump Station with McCarthy Boulevard, stopping eastbound traffic entering McCarthy Boulevard.
.11 At the intersection of the driveway on the west side of McCarthy Boulevard located opposite Cottonwood Drive, stopping eastbound traffic entering McCarthy Boulevard. .12 At the intersection of the driveway on the west side of South Park Victoria Drive located opposite Big Basin Drive, stopping traffic entering onto South Park Victoria Drive. .13 At the intersection of the northerly driveway from City Hall parking lot stopping traffic entering onto N.
Milpitas Boulevard
.14 At the intersection of the driveway from Beresford Square stopping traffic entering onto N. Milpitas Boulevard
.15 At the driveway from Beresford Square parking lot stopping northbound traffic entering onto Beresford Court.
.16 At the driveway from Beresford Square north parking lot stopping southbound traffic entering onto Beresford Court.
.17 At the driveway from the "Swensen" quarry stopping traffic entering onto Calaveras Road. .18 At the driveway from Aberfeldy Way stopping westbound traffic entering onto Dempsey Road. .19 At the driveway from Methven Lane stopping westbound traffic entering onto Dempsey Road. .20 At the driveway from the Beverly Heritage Hotel stopping northbound traffic entering onto Barber Lane. .21 At the driveway from the Tularcitos Golf Course parking lot, stopping traffic entering onto Country Club Drive.
.22 At the first driveway on the south side of Dixon Road, east of N. Milpitas Blvd., exiting the driveway to Dixon Road.
.23 At the intersection of Horizon Drive, private street, with Los Coches Street, stopping all northbound traffic onto Los Coches Street.
SECTION 64. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.20 “Streets or Portions Thereof From Which Vehicles Can Be Removed” Title V, Chapter 100, Section V-100-15.20 “Streets or Portions Thereof From Which Vehicles Can Be Removed” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.20 - Reserved Streets or Portions Thereof From Which Vehicles Can Be Removed 230
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When signs are in place giving notice thereof, vehicles illegally parked or left standing upon the following streets or portions thereof may be removed therefrom and stored in accordance with the provisions of Section 12.09 of this Chapter:
.1 On the west side of South Main Street commencing at the intersection of Carlo Street and extending south to the intersection of Corning Avenue.
.2 On the east side of South Main Street commencing at a point 80 feet south of the south curb line of Serra Way and extending northerly to the intersection of Carlo Street. .3 On the north side of Montague Expressway commencing at the Sinclair Freeway (I-680) and extending west to the intersection of South Milpitas Boulevard
.4 On the east side of South Abel Street commencing at a point 134 feet south of the southerly driveway at 540 South Abel Street and extending south to the intersection of Capitol Avenue.
SECTION 65. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.21 “Private Roads Open for Public Use”
Title V, Chapter 100, Section V-100-15.21 “Private Roads Open for Public Use” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-15.21 - Private Roads Open for Public Use
A. Findings
Pursuant to the provisions of Section 21107.5 of the California Vehicle Code, the City Council may from time to time, by resolution, of the City of Milpitas finds and declares that there roads described in Subsection 1 of this Section are privately owned and maintained roads within the City generally held open for use of the public for purposes of vehicular traffic which so connect with highways that the public cannot determine that such roads are not highways. Upon enactment of such a resolution, the provisions of the California Vehicle Code shall apply to the privately owned and maintained roads unless the owner of the road erects a notice of a size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet to the effect that the road is privately owned and maintained and that it is not subject to public traffic regulations or control.
B. Applicability
Pursuant to the provisions of this section and of this Chapter and of said Section 21107.5 of the California Vehicle Code and of this Chapter shall be applicable to the roads described as follows:
.1 Deleted by Ord. 43.102.
SECTION 66. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.22 “Parking Prohibited Adjacent to Schools”
Title V, Chapter 100, Section V-100-15.22 “Parking Prohibited Adjacent to Schools” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.22 - Reserved Parking Prohibited Adjacent to Schools Without limitation to the generality of the provisions of paragraphs 10.08-1 and 10.08-2 and when authorized signs are placed giving notice thereof, no person shall park a vehicle at any of the following designated locations on any of the following designated streets adjacent to the following school properties between the hours of 6:00 a.m. and 6:00 p.m. of any day except Saturdays, Sundays, or school holidays. 231
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.1 On the east side of Abbott Avenue from the intersection of Abbott Avenue and Rudyard Drive, running southerly on Abbott Avenue for a distance of 282 feet.
.2 On the south side of Rudyard Drive from the intersection of Abbott Avenue to the intersection of Barker Street.
.3 On Roswell Drive from on the north property line of the Alexander Rose Elementary School, running southerly for a distance of 198 feet.
.4 On Boulder Street from the west property line of the Joseph Weller Elementary School, running easterly for a distance of 390 feet.
.5 On Redwood Avenue in front of the Curtner Elementary school and between the employees' and visitors' parking areas, extending 366 feet east of the west driveway of the visitors' parking area. .6 On the south side of Yosemite Drive, commencing at the west property line of the Murphy Elementary School and running easterly for a distance of 325 feet.
.7 On Edsel Drive in front of the Robert Randall Elementary School extending easterly for a distance of 680 feet from the south curb-line of Edsel Drive at its intersection with Park Victoria Drive along the south side of Edsel Drive.
.8 On Yellowstone Avenue on the south side thereof, for a distance of 100 feet to the east of the south-east corner of the intersection of Yellowstone Avenue and Sequoia Drive and for a distance of 100 feet to the west of the south-west corner of the intersection of Yellowstone Avenue and Sequoia Drive. .9 On the east side of Fanyon Street for a distance of 475 feet (including driveways) in a southerly direction from the southerly curb return of the intersection of Fanyon Street with Kennedy Drive. .10 On the west side of Fallen Leaf Drive from the north property line of the Zanker School running south to Greenwood Way.
.11 On the northeast side of Greenwood Way from Fallen Leaf Drive running north to the north property line of the Zanker School adjoining the Pinewood Park.
.12 On the west side of Yellowstone Avenue commencing at a point approximately 645 feet north of Tahoe Drive and running north for 199 feet in front of the front walkway to the Sinnott Elementary School. .13 On the north side of Rudyard Drive from the intersection of Barker Street to the intersection of Abbott Avenue.
.14 On the south side of Yosemite Drive, commencing at the east property line of the Murphy Elementary School and running westerly for a distance of 110 feet.
SECTION 67. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.23 “Pedestrian Walkways”
Title V, Chapter 100, Section V-100-15.23 “Pedestrian Walkways” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.23 - Reserved Pedestrian Walkways
Where signs are in place giving notice thereof, pedestrian traffic shall be restricted at the locations thereafter set forth. No pedestrian shall walk on any sidewalk or other place at said locations except as hereafter provided:
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.1 On Calaveras Boulevard between Abel Street and the roadway intersecting with Calaveras Boulevard on the west side of Milpitas City Hall and the approaches to and the exits from Calaveras Boulevard with Main Street and Carlo Street, pedestrian traffic shall be restricted to that sidewalk constructed for pedestrian traffic on the north side of Calaveras Boulevard and those sidewalks and walkways connecting it from Main Street and Abel Street.
.2 On North Abel Street between Redwood Avenue and North Milpitas Boulevard, pedestrian traffic shall be restricted to the sidewalk constructed for pedestrian traffic on the northwest side of the North Abel Street overpass.
.3 On East Calaveras Boulevard between Park Victoria Drive and Calaveras Court, pedestrian traffic shall be restricted to the constructed sidewalks on the north and on the south sides of East Calaveras Boulevard and any marked pedestrian crosswalks provided within this ordinance.
SECTION 68. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.24 “Commercial Vehicle Parking Time Limited on Certain Streets” Title V, Chapter 100, Section V-100-15.24 “Commercial Vehicle Parking Time Limited on Certain Streets” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.24 - Reserved Commercial Vehicle Parking Time Limited on Certain Streets In accordance with the provisions of Section 12.10 and when signs are erected giving notice thereof, no person shall stop, stand or park any commercial vehicle between the hours of 9:00 p.m. and 6:00 a.m. of any day on the streets or portions of streets described as follows:
.1 Abel Street
.2 Main Street
.3 Railroad Avenue
.4 Hammond Way
.5 Milpitas Boulevard
.6 Hillview Drive, south of Calaveras Boulevard
.7 Sinclair Frontage Road
.8 Evans Road
.9 Piedmont Road
.10 Piper Drive
.11 Gladding Court
.12 Winsor Street
.13 Along the northerly side of Dixon Landing Road commencing between the railroad and a point 480 feet easterly.
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.14 Jacklin Road
.15 Weller Lane
.16 Calaveras Boulevard
.17 Carlo Street
.18 Delete. (Industrial Way was abandoned.)
.19 Serra Way
.20 Corning Avenue (between Main and Abel)
.21 Curtis Avenue
.22 Capitol Avenue
.23 Trimble Road
.24 Deleted by Ord. 43.152.
.25 Montague Expressway
.26 Yosemite Drive (west of Park Victoria)
.27 Ames Avenue
.28 Sunnyhills Court
.29 Minnis Circle
.30 Los Coches Street
.31 Dempsey Road
.32 Wrigley Way
.33 Vista Way
.34 Wilson Way
.35 Turquoise Street
.36 Topaz Street.
.37 Along the north side of Landess Avenue between Montara Drive and Piedmont Road.
SECTION 69. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.25 “Commercial Vehicle Parking Prohibited on Certain Streets” Title V, Chapter 100, Section V-100-15.25 “Commercial Vehicle Parking Prohibited on Certain Streets” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
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V-100-15.25 - Commercial Vehicle Parking Prohibited on Certain Streets Reserved In accordance with the provisions of Section 12.12 and when signs are erected giving notice thereof, no person shall stop, stand or park any commercial vehicle at any time of any day on the streets or portions of streets described as follows:
.1 On the north and south sides of Calaveras Boulevard between Piedmont Road and the Sinclair Freeway (I680). .2 Deleted by Ord. 43.136.
.3 On the east side of Dempsey Road commencing at the intersection of Yosemite Drive and extending north to Los Coches Creek.
.4 On the east side of South Main Street commencing at a point 240 feet north of Montague Expressway and extending to a point 260 feet south of the end of curb return south of the intersection of Main Street and Abel Street.
.5 On the west side of Evans Road commencing at the intersection of Calaveras Boulevard, and extending north for a distance of 425 feet.
.6 On the east and west side of Railroad Avenue between Railroad Court to the south end. .7 On the west side of Dempsey Road commencing at Los Coches Street and extending south for a distance of approximately one thousand nine hundred eighty (1,980) feet. .8 Entire curb length of Railroad Court.
.9 Deleted by Ord. 43.165.
.10 On the north side of Ames Avenue commencing at a point 356 feet east of the east curbline of South Milpitas Boulevard and extending easterly for a distance of 670 feet. .11 On the south side of Ames Avenue commencing at a point 350 feet east of the east curbline of South Milpitas Boulevard and extending easterly for a distance of 500 feet. .12 On the south side of Ames Avenue commencing at a point 1,025 feet east of the east curbline of South Milpitas Boulevard and extending easterly for a distance of 305 feet. .13 On the south side of Ames Avenue commencing at a point 1,420 feet east of the east curbline of South Milpitas Boulevard and extending easterly for a distance of 320 feet. .14 On the west side of Topaz Street commencing at the end curb return north of Turquoise Street and extending northerly for a distance of 700 feet.
.15 On the east side of Sinclair Frontage Road between Yosemite Drive and Los Coches Street. .16 On the south side of Weller Lane between N. Main Street and Winsor Street. .17 On the west side of Winsor Street commencing at the intersection of Weller Lane and extending south for a distance of 500 feet.
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SECTION 70. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.26 “Vehicle Parking Time Limited on Certain Streets Except by Permit” Title V, Chapter 100, Section V-100-15.26 “Vehicle Parking Time Limited on Certain Streets Except by Permit” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.26 - Vehicle Parking Time Limited on Certain Streets Except by Permit Reserved In accordance with the provisions of Section 12.14, no person shall stand, stop or park any vehicle between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday excluding holidays on the streets or portions thereof described as follows, except by permit.
.1 On the east side of Escuela Parkway between Cirolero Street and Manzano Street. .2 On Higuera Place.
.3 On the north and south sides of Manzano Street commencing at the intersection of Escuela Parkway and extending east to the intersection of Cirolero Street.
.4 On north and south sides of Cirolero Street commencing at the intersection of Escuela Parkway and extending east to the intersection of Manzano Street.
.5 On the north and south sides of Russell Lane commencing at the west property line of 735 Russell Lane on the north side and at the west property line of 740 Russell Lane on the south side and extending east to the intersection of Hillview Drive.
.6 On Columbus Drive.
.7 On the north and south sides of Kizer Street commencing at the intersection of Columbus Drive and extending east to the intersection of Tice Drive.
.8 Entire curb length of Sandalwood Court.
.9 On the east and west sides of Madalen Drive commencing at the intersection of Russel Lane and extending north to the intersection of Columbus Drive.
.10 On the north and south sides of Nieves Street commencing at the intersection of Madalen Drive and extending east to the intersection of Hillview Drive.
.11 On Columbus Circle.
.12 On Founders Lane.
.13 On Nieves Court.
.14 On Rivera Street.
.15 On Heflin Street.
.16 On Horcajo Street between Columbus Drive to Tice Drive. .17 On Gordon Street.
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.18 On Altamont Drive.
.19 On Kevenaire Drive beginning from the east side of Campbell Street extending the west end of the cul-desac. .20 On Duarte Court.
.21 On Garcia Court.
.22 On Pashote Court.
.23 On Arizona Avenue between Calera Creek and Washington Drive. .24 On Rose Drive.
.25 On Vienna Drive between Fontainbleu Avenue and Arizona Avenue. .26 On Knollview Drive.
.27 On Beaumere Way.
.28 On Midwick Drive between Fontainbleu Avenue and Arizona Avenue. .29 On Berrendo Drive.
SECTION 71. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.27 “ Vehicle Parking Time on Certain Streets Except by Permit” Title V, Chapter 100, Section V-100-15.27 “Vehicle Parking Time on Certain Streets Except by Permit” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-15.27 - Vehicle Parking Time on Certain Streets Except by Permit Reserved In accordance with the provisions of Section 12.14, no person shall stand, stop, or park any vehicle between the hours of 3:00 p.m. and 10:00 p.m. Monday through Friday, and 9:00 a.m. and 10:00 p.m. Saturday; from February 1 through July 31, on the streets or portions thereof described as follows, except by permit. .1 On the east and west sides of Fanyon Street commencing at the intersection of Adams Avenue and extending north for a distance of approximately one thousand two hundred forty (1,240) feet. .2 On the north and south sides of Dennis Avenue between Fanyon Street and Gadsden Drive.
SECTION 72. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.04-3
Title V, Chapter 100, Section V-100-16.04-3 of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-16.04-3
Reserved. Upon receipt of a report of a lost or stolen license plate, the Chief of Police shall cause the missing license to be cancelled and shall issue a new license plate upon payment of the fee of One Dollar ($1.00). 237
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SECTION 73. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.09 “Inspection of Bicycles”
Title V, Chapter 100, Section V-100-16.09 “Inspection of Bicycles” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-16.09 - Reserved Inspection of Bicycles
The Chief of Police or an officer assigned such responsibility shall inspect each bicycle before it is licensed and shall be empowered to deny a license or license transfer for any bicycle which he determines is in unsafe mechanical condition as prescribed by this Chapter or applicable provisions of the California Vehicle Code.
SECTION 74. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.10 “Attachment of License Plates”
Title V, Chapter 100, Section V-100-16.10 “Attachment of License Plates” of the Milpitas Municipal Code is hereby deleted and reserved. The deleted text is shown in strikethrough below:
V-100-16.10 - Reserved Attachment of License Plates
V-100-16.10-1
The Chief of Police or an officer assigned such duty, shall cause any license plate issued by the City to be firmly attached to the bicycle for which it is issued in such position as to be plainly visible.
V-100-16.10-2
No person shall remove, destroy, mutilate or alter a license plate from said bicycle during the period for which it is issued, provided, however, that upon the destruction or dismantlement of a bicycle, the license plate shall be removed and returned to the Police Department and provided further that upon any transfer involving the issuance of a new license, the old license shall be removed and returned to the Police Department.
SECTION 75. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.16-1 “Bicycle Lanes, Routes and Paths Established”
Title V, Chapter 100, Section V-100-16.16-1 “Bicycle Lanes, Routes and Paths Established” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-16.16-1 - Bicycle Lanes, Routes and Paths Established The City Council (by resolution or motion) City Manager may establish bicycle lanes and routes along designated streets or portions of streets and may. The City Council may (by resolution or motion) establish bicycle paths in the interest of providing recreation and developing open space programs. Any person operating a bicycle along a bicycle route shall be subject to all of the rights and duties applicable to the operators of motor vehicles generally along the streets or portions of streets so designated, such designation being intended only to inform the operators of bicycles that such streets or portions of streets afford an expeditious route of travel by bicycle, and to alert the operators of motor vehicles of the likelihood of a higher incidence of bicycle traffic where the roadway is so marked.
SECTION 76. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.16-2 “Bicycle Lanes, Routes and Paths Signs and Markings” Title V, Chapter 100, Section V-100-16.16-2 “Bicycle Lanes, Routes and Paths Signs and Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-16.16-2 - Bicycle Lanes, Routes and Paths Signs and Markings 238
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The City Traffic Engineer Manager or designee shall designate bicycle lanes, routes and paths by the placement of appropriate signs and roadway markings.
SECTION 77. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 78. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California. 239
REGULAR
NUMBER: 43.213
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING VARIOUS SECTIONS OF TITLE V, CHAPTER 100 (“TRAFFIC”) OF THE MILPITAS
MUNICIPAL CODE
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
________________________________
Christopher J. Diaz, City Attorney
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RECITALS AND FINDINGS:
WHEREAS, the California Vehicle Code (see Veh. Code §§ 21100–21117) authorizes local governments to adopt traffic rules and regulations regarding certain matters, including regulating traffic by means of traffic officers and regulating traffic by means of official traffic control devices; and WHEREAS, the California Vehicle Code (see Veh. Code § 22507) authorizes local governments to regulate parking within their jurisdictions; and
WHEREAS, the City of Milpitas (“City”) regulates traffic and parking upon its streets and sidewalks through Title V, Chapter 100 (Traffic) of the Milpitas Municipal Code (“Traffic Ordinance”); and WHEREAS, the Traffic Ordinance was last updated in 1969; and WHEREAS, the responsibilities assigned by the Traffic Ordinance are inconsistent with current City operations and provisions of the California Vehicle Code; and
WHEREAS, City staff has identified various sections of the Traffic Ordinance requiring corrections, clarifications, updates and modifications and requests that the City Council take action to correct these issues through the adoption of this Ordinance.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
2.02 “Holidays”
Title V, Chapter 100, Section V-100-2.02 “Holidays” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-2.02 – Holidays
Within the meaning of this Chapter, holidays are the following:
A. January 1st
B. The third Monday in February
C. March 31st, known as “Cesar Chavez Day”
D. The last Monday in May, known as “Memorial Day”
E. July 4th
F. The first Monday in September, known as “Labor Day”
G. November 11th known as "Veteran's Day"
H. Thanksgiving Day
I. The Friday after Thanksgiving Day
J. December 24th
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K. December 25th
SECTION 3. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
2.05 “Official Traffic Control Devices”
Title V, Chapter 100, Section V-100-2.05 “Official Traffic Control Devices” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-2.05 - Official Traffic Control Devices
All signs, signals, markings and devices as authorized in this Chapter and/or the California Vehicle Code or the California Manual of Traffic Control Devices shall be placed or erected consistent with the California Vehicle Code or the California Manual of Traffic Control Devices by authority of a public body or official having jurisdiction for the purposes of promoting safety and efficiency by providing orderly movement of all users on streets, bikeways, and pedestrian paths open to public travel.
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
3.01 “Authority of Police and Fire Department Officials” Title V, Chapter 100, Section V-100-3.01 “Authority of Police and Fire Department Officials” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-3.01 - Authority of Police, Fire Department Officials and Other Authorized City Officers
3.01-1 There are conferred upon the City Manager those powers and duties necessary for the administration of this Chapter. In addition, there is also conferred upon the City Manager the authority and power to designate such officers and employees of the City as may be required to assist him or her in carrying out the intent and purpose of this Chapter.
3.01-2 It shall be the duty of the officers of the Police Department and/or other authorized City officers to enforce all street traffic laws of this City and all of the State vehicle laws applicable to street traffic in this City.
3.01-3 Officers of the Police Department and/or other authorized City officers are hereby authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws, provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
3.01-4 Officers of the Fire Department, in the course of their duties at the scene of a fire, may direct or assist the police in directing traffic.
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.01 “General”
Title V, Chapter 100, Section V-100-4.01 “General” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.01 - General
All acts of the City Manager or designee required or authorized by the provisions of this Section shall be made in accordance with any applicable standards, limitations or rules as may be set forth in this Chapter or amendments thereto or as may be determined by ordinance or resolution of the legislative body of this City.
4.01-1 Reserved.
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SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.02 “Authority to Install Traffic Control Devices”
Title V, Chapter 100, Section V-100-4.02 “Authority to Install Traffic Control Devices” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.02 - Authority to Install Traffic Control Devices
4.02-1 The City Manager or designee shall place and maintain or cause to be placed and maintained official traffic control devices when and as required under the traffic ordinances of this City to make effective the provisions of said ordinances.
4.02-2 Whenever the Vehicle Code of this State requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law the City Manager or designee is hereby authorized to install the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
4.02-3 The City Manager or designee may also place and maintain such additional traffic control devices as he may deem necessary to regulate traffic or to guide or warn traffic upon the basis of traffic engineering principles and traffic investigation.
4.02-4 The City Manager or designee shall maintain schedules of all official traffic control devices in electronic format.
SECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.05 “Installation of Traffic Signals”
Title V, Chapter 100, Section V-100-4.05 “Installation of Traffic Signals” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.05 - Installation of Traffic Signals
4.05-1 The City Manager or designee shall install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
4.05-2 The City Manager or designee shall ascertain and determine the locations where such signals are required by resort to field observation, traffic counts and other traffic information as may be pertinent and his determinations therefrom shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the Manual of Uniform Traffic Control Devices for streets and highways promulgated by The American Association Streets and Highways Officials and Public Roads Administration.
4.05-3 Whenever the City Manager or designee installs and maintains official traffic signals at any intersection, the City Manager or designee shall likewise erect and maintain at such intersection street name signs visible to the principal flow of traffic unless such street name signs have previously been placed and are maintained at any said intersection.
SECTION 8. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.06 “Lane Markings”
Title V, Chapter 100, Section V-100-4.06 “Lane Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
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V-100-4.06 - Lane Markings
The City Manager or designee is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway.
SECTION 9. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.07 “Distinctive Roadway Markings”
Title V, Chapter 100, Section V-100-4.07 “Distinctive Roadway Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.07 - Distinctive Roadway Markings
Whenever the State Department of Public Works determines by resolution and designates a distinctive roadway marking which shall indicate no driving over such marking, the City Manager or designee is authorized to designate by such marking those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Public Works pursuant to provisions of the Vehicle Code.
SECTION 10. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.08 “Authority to Remove, Relocate or Discontinue Traffic Control Devices” Title V, Chapter 100, Section V-100-4.08 “Authority to Remove, Relocate or Discontinue Traffic Control Devices” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.08 - Authority to Remove, Relocate or Discontinue Traffic Control Devices The City Manager or designee is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by state law or this Chapter whenever the City Manager or designee shall determine in any particular case that the conditions which warranted or required the installations no longer exist or obtain.
SECTION 11. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
4.09 “Traffic Control Devices—Hours of Operation”
Title V, Chapter 100, Section V-100-4.09 “Traffic Control Devices—Hours of Operation” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-4.09 - Traffic Control Devices—Hours of Operation The City Manager or designee shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this Chapter.
SECTION 12. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.01 “General”
Title V, Chapter 100, Section V-100-5.01 “General” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-5.01 - General
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All acts of the City Manager or designee required or authorized by the provisions of this Section shall be made in accordance with any applicable standards, limitations or rules as may be set forth in this Chapter or amendments thereto or as may be determined by ordinance or resolution of the legislative body of this City.
SECTION 13. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.02 “Authority to Place and Obedience to Turning Markers—Intersections—Multiple lanes” Title V, Chapter 100, Section V-100-5.02 “Authority to Place and Obedience to Turning Markers—Intersections—Multiple lanes” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-5.02 - Authority to Place and Obedience to Turning Markers—Intersections—Multiple lanes
5.02-1 The City Manager or designee is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and the City Manager or designee is authorized to allocate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns.
5.02-2 When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.
SECTION 14. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.03 “Authority to Place Restricted Turn Signs”
Title V, Chapter 100, Section V-100-5.03 “Authority to Place Restricted Turn Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-5.03 - Authority to Place Restricted Turn Signs
The City Manager or designee is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.
SECTION 15. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.05 “Authority to Prohibit Right Turns Against Traffic Stop Signal” Title V, Chapter 100, Section V-100-5.05 “Authority to Prohibit Right Turns Against Traffic Stop Signal” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-5.05 - Authority to Prohibit Right Turns Against Traffic Stop Signal The City Manager or designee is hereby authorized to determine those intersections within any business or residence district at which drivers of vehicles shall not make a right turn against a red or stop signal and shall erect proper signs giving notice of such prohibition. No driver of a vehicle shall disobey the directions of any such sign.
SECTION 16. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
5.06 “Specific Turning Movements Prohibited at Specific Places” Title V, Chapter 100, Section V-100-5.06 “Specific Turning Movements Prohibited at Specific Places” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 17. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
6.01 “The Chief Police Officer to Sign One-Way Streets and Alleys” 245
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Title V, Chapter 100, Section V-100-6.01 “The Chief Police Officer to Sign One-Way Streets and Alleys” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-6.01 - One-Way Streets and Alleys
Whenever the City Manager designates any one-way street or alley, the City Manager or designee shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place.
Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
SECTION 18. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.01 “The Chief Police Officer to Erect Stop Signs”
Title V, Chapter 100, Section V-100-7.01 “The Chief Police Officer to Erect Stop Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.01 - Stop Signs
Whenever the City Manager designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the City Manager or designee shall erect and maintain stop signs as follows:
A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in the California Vehicle Code.
SECTION 19. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.02 “Stop at Through Street Or Stop Sign”
Title V, Chapter 100, Section V-100-7.02 “Stop at Through Street Or Stop Sign” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 20. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.04 “Chief Police Officer to Erect Right-of-Way Signs” Title V, Chapter 100, Section V-100-7.04 “Chief Police Officer to Erect Right-of-Way Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.04 - Right-of-Way Signs
7.04-1 Whenever the City Manager designates and describes any approach to an intersection of streets or highways (which are not through streets or highways), as one at which yield right-of-way signs shall be erected, the City Manager or designee shall erect and maintain at said approach, a Yield Right-of-Way sign.
7.04-2 Every Yield Right-of-Way sign shall conform with and be placed as provided in the California Vehicle Code.
7.04-3 Reserved.
SECTION 21. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.05 “Entrance Only And Exit Only Signs”
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Title V, Chapter 100, Section V-100-7.05 “Entrance Only And Exit Only Signs” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.05 - Entrance Only And Exit Only Signs
7.05-1 Whenever the City Manager designates and describes any entrance as "entrance only" and designates and describes any exit as "exit only", the City Manager or designee shall erect and maintain at said entrance and at said exit an "Entrance Only" sign and an "Exit Only" sign.
7.05-2 Reserved.
SECTION 22. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
7.06 “Stop Sign At Intersection of Street and Alley or Private Driveway” Title V, Chapter 100, Section V-100-7.06 “Stop Sign At Intersection of Street and Alley or Private Driveway” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-7.06 - Stop Sign At Intersection of Street and Alley or Private Driveway
7.06-1 Whenever the City Manager designates and describes the intersection of any public street with any alley or private driveway as one at which a stop sign should be posted, the City Manager or designee shall erect and maintain at the intersection of said public street and alley or private driveway, the stop sign which shall stop traffic upon said public street. The purpose of this Subsection is to provide stop signs upon public streets at the intersection of said streets with alleys or private driveways in such special circumstances where conditions are hazardous to traffic, and a stop sign on said street is necessary for the safety of persons traveling on said street, or upon said alley or private driveway. Nothing herein contained, however, shall be deemed or construed to repeal or amend Subsection V-100-7.03 of this Chapter.
7.06-2 Reserved.
SECTION 23. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
9.01 “Crosswalks”
Title V, Chapter 100, Section V-100-9.01 “Crosswalks” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-9.01 - Crosswalks
9.01-1 the City Manager or designee shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway.
9.01-2 Reserved.
SECTION 24. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
9.04 “Pedestrian Walkways”
Title V, Chapter 100, Section V-100-9.04 “Pedestrian Walkways” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-9.04 - Pedestrian Walkways
9.04-1 Whenever the City Manager restricts pedestrian travel to marked or constructed walkways in subways, tubes and tunnels or upon bridges or viaducts, the City Manager or designee shall erect appropriate signs giving notice thereof.
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9.04-2 When signs have been posted restricting pedestrian travel as herein provided, no person shall stand or walk other than on the designated walkway.
9.04-3 Reserved.
SECTION 25. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.06 “Signs or Markings Indicating Angle Parking”
Title V, Chapter 100, Section V-100-10.06 “Signs or Markings Indicating Angle Parking” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.06 - Signs or Markings Indicating Angle Parking
10.06-1 Whenever the City Manager designates and describes any street or portion thereof upon which angle parking shall be permitted, the City Manager or designee shall mark or sign such street indicating the angle at which vehicles shall be parked.
10.06-2 When signs or markings are in place indicating angle parking as herein provided, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
10.06-3 Reserved.
SECTION 26. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.07 “Permit for Loading or Unloading at an Angle to the Curb” Title V, Chapter 100, Section V-100-10.07 “Permit for Loading or Unloading at an Angle to the Curb” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 27. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.08 “Parking Adjacent to Schools”
Title V, Chapter 100, Section V-100-10.08 “Parking Adjacent to Schools” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.08 - Parking Adjacent to Schools
10.08-1 The City Manager or designee is hereby authorized to erect signs indicating no parking upon either side of any street adjacent to or opposite any school property when such parking would, in his opinion, interfere with traffic or create a hazardous condition.
10.08-2 When official signs are erected indicating "no parking" upon either side of a street adjacent to or opposite any school property, or "no parking" upon either side of a street between certain hours on certain days, no persons shall park a vehicle in any such designated place.
SECTION 28. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.09 “Parking Prohibited on Narrow Streets”
Title V, Chapter 100, Section V-100-10.09 “Parking Prohibited on Narrow Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.09 - Parking Prohibited on Narrow Streets
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10.09-1 The City Manager or designee is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of the street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet.
10.09-2 When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.
SECTION 29. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.10 “Stopping, Standing or Parking Prohibited—Signs Required” Title V, Chapter 100, Section V-100-10.10 “Stopping, Standing or Parking Prohibited—Signs Required” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.10 - Stopping, Standing or Parking Prohibited—Signs Required The City Manager or designee shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle in any of said places.
10.10-1 At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone.
10.10-2 Within twenty-five (25) feet of the approach to any traffic signal, boulevard stop sign, or official electrical flashing device.
10.10-3 At any place where the City Manager or designee determines that it is necessary in order to eliminate dangerous traffic hazards.
10.10-4 Reserved.
SECTION 30. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.11 “Unlawful Parking—Peddlers, Vendors”
Title V, Chapter 100, Section V-100-10.11 “Unlawful Parking—Peddlers, Vendors” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.11 - Unlawful Parking—Peddlers, Vendors
10.11-1 Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or push-cart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this City, except that such vehicles, wagons or push-carts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at any one place. The provisions of this Subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution.
10.11-2 Deleted by Ord. 43.139.
10.11-3 Deleted by Ord. 43.139.
10.11-4 Deleted by Ord. 43.139.
10.11-5 Reserved.
10.11-6 Reserved.
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SECTION 31. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.15 “Parking on City Property”
Title V, Chapter 100, Section V-100-10.15 “Parking on City Property” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.15 - Parking on City Property
10.15-1 Whenever the City Manager determines that the orderly, efficient conduct of the City's business requires that parking or standing of vehicles on City property be prohibited, limited or restricted, the City Manager shall have the power and authority to order signs to be erected or posted indicating that the parking of vehicles is thus prohibited, limited or restricted.
10.15-2 When signs authorized by the provisions of this Subsection are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs, and any vehicle parked in violation of such signs may be towed to a public storage garage at the expense of the owner of such vehicle; or the Police Department may, and it is granted authority to, issue a citation in the usual form and manner for any violation of the prohibition, limitation or restriction indicated by such signs or for any violation of the provisions of this Subsection.
10.15-3 No person shall park or stand any vehicle exceeding twenty feet (20′) in length on any City-owned parking lot except for the loading or unloading of materials or passengers as permitted by Section V-100-11.03 of this Chapter.
10.15-4 Reserved.
10.15-5 Reserved.
SECTION 32. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
10.16 “Bicycle Parking Zones”
Title V, Chapter 100, Section V-100-10.16 “Bicycle Parking Zones” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.16 - Bicycle Parking Zones
Whenever the City Manager or designee determines that the establishment of a bicycle parking zone is reasonably necessary or desirable for the regulation of traffic or to provide facilities for the temporary parking of bicycles being operated upon the public streets, or to safeguard life or property, the City Manager or designee is hereby authorized to set aside a space on the street not more than thirty-six feet (36′) in length for the parking of bicycles during such hours of such days as are found by him to be best suited for the accomplishment of the purposes set forth in this Section. When a bicycle parking zone is so established, the City Manager or designee shall cause appropriate signs to be posted there at during such hours, giving notice that parking of other vehicles is prohibited.
No person shall stop, stand or park any other vehicle in front of such zone while such signs are in place.
SECTION 33. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.01 “Authority to Establish Loading Zones”
Title V, Chapter 100, Section V-100-11.01 “Authority to Establish Loading Zones” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.01 - Authority to Establish Loading Zones
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11.01-1 The City Manager is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:
(a) At any place in any business district.
(b) Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.
11.01-2 In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.
11.01-3 Deleted by Ord. 43.140.
11.01-4 Deleted by Ord. 43.140.
SECTION 34. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.02 “Curb Markings to Indicate No Stopping and Parking Regulations” Title V, Chapter 100, Section V-100-11.02 “Curb Markings to Indicate No Stopping and Parking Regulations” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.02 - Curb Markings to Indicate No Stopping and Parking Regulations
11.02-1 The City Manager or designee is hereby authorized, subject to the provisions and limitations of this Chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth. (a) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. (b) Yellow shall mean no stopping, standing or parking at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays for any purpose other than the loading or unloading of passengers or materials, provided that the loading or unloading of passengers shall not consume more than three (3) minutes nor the loading or unloading of materials more than twenty (20) minutes. (c) White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers or depositing mail in an adjacent mailbox which shall not exceed three (3) minutes and such restrictions shall apply between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays and except as follows:
(1) When such zone is in front of a hotel or adjacent mailbox the restrictions shall apply at all times.
(2) When such zone is in front of a theater the restrictions shall apply at all times except when such theater is closed.
(d) Green shall mean no standing or parking for longer than twenty (20) minutes at any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays. (e) Blue indicates parking limited exclusively to vehicles of physically handicapped persons.
11.02-2 When the City Manager or designee as authorized under this ordinance has caused curb marking to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb marking in violation of any of the provisions of this section.
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SECTION 35. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.07 “Bus Zones to be Established”
Title V, Chapter 100, Section V-100-11.07 “Bus Zones to be Established” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.07 - Bus Zones
11.07-1 The City Manager or designee is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses of common carriers of passengers and to determine the location thereof subject to the directives and limitations set forth herein.
11.07-2 The word "bus" as used in this section shall mean any motor bus, motor coach, trackless trolley coach, or passenger stage used as a common carrier of passengers.
11.07-3 No bus zone shall exceed 80 feet in length, except that when satisfactory evidence has been presented to the City Manager or designee showing the necessity therefor, the City Manager or designee may extend bus zones not to exceed a total length of 125 feet.
11.07-4 Bus zones shall normally be established on the far side of an intersection.
11.07-5 No bus zone shall be established opposite and to the right of a safety zone.
11.07-6 The City Manager or designee shall paint a red line stencil with white letters "NO STANDING", together with the words "BUS ZONE" upon the top or side of all curbs and places specified as a bus zone.
11.07-7 No person shall stop, stand or park any vehicle except a bus in a bus zone.
11.07-8 Reserved.
11.07-9 Reserved.
SECTION 36. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
11.08 “Mail deposit zones”
Title V, Chapter 100, Section V-100-11.08 “Mail deposit zones” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-11.08 - Mail deposit zones
11.08-1 Whenever the City Manager designates and describes any portion of any street as a mail deposit zone, the City Manager or designee shall place a white marking on the curb within said zone in accordance with the provisions of Subsection V-100-11.02 hereof.
11.08-2 Reserved.
SECTION 37. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.01 “Parking Time Limited on Certain Enumerated Streets” Title V, Chapter 100, Section V-100-12.01 “Parking Time Limited on Certain Enumerated Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.01 - Parking Time Limited
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Whenever the City Manager designates and describes any street or portion thereof as time limited parking, the City Manager or designee shall erect and maintain parking restriction signs.
SECTION 38. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.02 “Parking Prohibited at all Times on Certain Streets” Title V, Chapter 100, Section V-100-12.02 “Parking Prohibited at all Times on Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.02 - Parking Prohibited at all Times
Whenever the City Manager designates and describes any street or portion thereof as prohibited parking, the City Manager or designee shall erect and maintain parking restriction signs as follows:
A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required and at any railroad grade crossing so designated. Every such sign shall conform with and shall be placed as provided in the California Vehicle Code.
SECTION 39. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.04 “Parking Space Markings”
Title V, Chapter 100, Section V-100-12.04 “Parking Space Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.04 - Parking Space Markings
The City Manager or designee is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted.
When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.
SECTION 40. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.05 “Truck Routes”
Title V, Chapter 100, Section V-100-12.05 “Truck Routes” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.05 - Truck Routes
12.05-1 Whenever the City Manager designates and describes any street or portion thereof as a street the use of which is permitted by any vehicle exceeding a maximum gross weight limit of three tons, the City Manager or designee is hereby authorized to designate such street or streets by appropriate signs as "Truck Traffic Routes" for the movement of vehicles exceeding a maximum gross weight limit of three tons.
12.05-2 When any such truck traffic route or routes are established and designated by appropriate signs the operator of any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other except that nothing in this Section shall prohibit the operator of any vehicle exceeding a maximum gross weight of three tons coming from a "Truck Traffic Route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor. 253
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12.05-3 The provisions of this Section shall not apply to (i) passenger buses under the jurisdiction of the Public Utilities Commission, or to (ii) any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility.
12.05-4 Reserved.
SECTION 41. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.06 “Commercial Vehicles Prohibited From Using Certain Streets” Title V, Chapter 100, Section V-100-12.06 “Commercial Vehicles Prohibited From Using Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.06 - Commercial Vehicles Prohibited From Using Certain Streets
12.06-1 Whenever the City Manager designates and describes any street or portion thereof as a street the use of which is prohibited by any commercial vehicle, the City Manager or designee shall erect and maintain appropriate signs on those streets affected by such ordinance.
12.06-2 The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission.
12.06-3 The provisions of this Section shall not apply to house cars or camper-type pickup trucks provided the same are not designated, maintained or classified or required to be licensed as "commercial vehicle" under the provisions of the California Vehicle Code.
SECTION 42. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.07 “Vehicles Exceeding Maximum Gross Weight of 4 Tons Prohibited From Using Certain Streets”
Title V, Chapter 100, Section V-100-12.07 “Vehicles Exceeding Maximum Gross Weight of 4 Tons Prohibited From Using Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.07 - Vehicles Exceeding Maximum Gross Weight of 4 Tons Prohibited From Using Certain Streets
12.07-1 Whenever the City Manager designates and describes any street or portions thereof as a street the use of which is prohibited by any vehicle exceeding a maximum gross weight limit of 4 tons, the City Manager or designee shall erect and maintain appropriate signs as necessary to adequately provide notice of the prohibition.
12.07-2 Reserved.
12.07-3 The provisions of this Section shall not apply to any commercial vehicle having ingress and egress by direct route to and from said restricted streets when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained therefor.
12.07-4 The provisions of this Section shall not apply to (i) passenger buses under the jurisdiction of the Public Utility Commission or to (ii) any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility or (iii) any vehicle owned or operated by a City Department while necessarily in use for construction or repair work or any vehicle owned by the United States while in use for the collection, transportation or delivery of United States mail. 254
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12.07-5 The provisions of this Section shall not apply to the bridge at Old Alviso-Milpitas Road over Coyote Creek just north of Highway 237 which lies partly in the County of Santa Clara and partly within the City of Milpitas, which shall have a maximum limit of 10 tons.
"The provisions of this Section shall not apply to non-commercial recreational vehicles or trailers, including boat and utility trailers, having ingress and egress by direct route to and from said restricted streets when necessary for the purpose of parking, loading, or unloading said recreational vehicle or trailer on said restricted street." SECTION 43. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.10 “Commercial Vehicle Parking Time Limited on Certain Streets” Title V, Chapter 100, Section V-100-12.10 “Commercial Vehicle Parking Time Limited on Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.10 - Commercial Vehicle Parking Time Limited
When authorized signs are in place giving notice thereof, no person shall stop, stand or park any commercial vehicle between the hours of 9:00 p.m. and 6:00 a.m. of any day on any street or portion thereof except to load or unload materials or passengers to the extent described and within the time limits specified in Subsection V100-11.03 hereof.
SECTION 44. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.12 “Commercial Vehicle Parking Prohibited on Certain Streets” Title V, Chapter 100, Section V-100-12.12 “Commercial Vehicle Parking Prohibited on Certain Streets” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.12 - Commercial Vehicle Parking Prohibited on Certain Streets When authorized signs are in place giving notice thereof, no person shall stop, stand or park any commercial vehicle at any time of any day on any street or portion thereof except to load or unload materials or passengers to the extent described and within the time limits specified in Subsection V-100-11.03 hereof.
SECTION 45. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
12.14 “Parking Time Limited On Certain Streets Except By Permit” Title V, Chapter 100, Section V-100-12.14 “Parking Time Limited On Certain Streets Except By Permit” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-12.14 - Parking Time Limited On Certain Streets Except By Permit
12.14-1 When authorized signs are in place giving notice thereof, no person shall stop, stand, or park any vehicle on any of the streets or portions thereof and during the hours posted on authorized signs.
12.14-2 Any vehicle on which is displayed a valid parking permit, as provided for herein, shall be permitted to be parked on such street without being limited by time restrictions established in Section 12.14-1.
12.14-3 Vehicle permits required under Section 12.14-2 shall be issued by the Police Department in accordance with the provisions of this section and in compliance with such administrative procedures as may be required by the Chief of Police. One permit may be issued for a vehicle which may otherwise be legally parked, owned, or under the control of, a resident of property adjacent to a street within the restricted parking area.
12.14-4 Permits shall be valid until the vehicle is sold or the permittee ceases to be resident of the restricted parking area; at such time the permit will be void and shall be removed from the vehicle. No permit issued 255
16 Ordinance No. _____
hereunder shall be transferred or sold. Replacement permits for vehicles which are sold will be issued without charge upon surrender of the old permit.
12.14-5 The Chief of Police may issue temporary parking permits.
12.14-6 The provisions of this Section shall not apply to any disabled person or disabled veteran whose vehicle displays either a distinguishing license plate or distinguishing placard issued in accordance with the California Vehicle Code.
SECTION 46. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
14.04 “Regulation of Speed by Traffic Signals”
Title V, Chapter 100, Section V-100-14.04 “Regulation of Speed by Traffic Signals” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 47. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.01 “One-Way Streets”
Title V, Chapter 100, Section V-100-15.01 “One-Way Streets” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 48. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.03 “Stop Intersections”
Title V, Chapter 100, Section V-100-15.03 “Stop Intersections” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 49. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.04 “Reserved for schedule pursuant to V-100-7.02-3”
Title V, Chapter 100, Section V-100-15.04 “Reserved for schedule pursuant to V-100-7.02-3” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 50. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.05 “Angle Parking on Certain Streets”
Title V, Chapter 100, Section V-100-15.05 “Angle Parking on Certain Streets” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 51. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.06 “Parking Time Limited on Certain Enumerated Streets” Title V, Chapter 100, Section V-100-15.06 “Parking Time Limited on Certain Enumerated Streets” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 52. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.07 “Reserved for schedule pursuant to V-100-12.02”
Title V, Chapter 100, Section V-100-15.07 “Reserved for schedule pursuant to V-100-12.02” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 53. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.08 “Reserved for schedule pursuant to V-100-12.05-4” 256
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Title V, Chapter 100, Section V-100-15.08 “Reserved for schedule pursuant to V-100-12.05-4” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 54. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.09 “Reserved for schedule pursuant to V-100-12.06-2” Title V, Chapter 100, Section V-100-15.09 “Reserved for schedule pursuant to V-100-12.06-2” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 55. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.10 “Crosswalks”
Title V, Chapter 100, Section V-100-15.10 “Crosswalks” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 56. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.11 “Stopping, Standing, Parking Prohibited”
Title V, Chapter 100, Section V-100-15.11 “Stopping, Standing, Parking Prohibited” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 57. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.12 “Vehicles in Excess of Certain Gross Weight Limits Prohibited” Title V, Chapter 100, Section V-100-15.12 “Vehicles in Excess of Certain Gross Weight Limits Prohibited” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 58. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.13 “Mail Deposit Zones”
Title V, Chapter 100, Section V-100-15.13 “Mail Deposit Zones” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 59. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.14 “Bus Zones”
Title V, Chapter 100, Section V-100-15.14 “Bus Zones” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 60. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.16 “Specific turning movements prohibited at specific areas” Title V, Chapter 100, Section V-100-15.16 “Specific turning movements prohibited at specific areas” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 61. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.17 “Approaches to Intersections at Which Yield-Right-of-Way Signs Shall be Erected” Title V, Chapter 100, Section V-100-15.17 “Approaches to Intersections at Which Yield-Right-of-Way Signs Shall be Erected” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 62. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.18 “ Entrances and Exits at which Signs Shall Be Erected” 257
18 Ordinance No. _____
Title V, Chapter 100, Section V-100-15.18 “ Entrances and Exits at which Signs Shall Be Erected” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 63. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.19 “ Places at Which Stop Signs Shall Be Erected”
Title V, Chapter 100, Section V-100-15.19 “Places at Which Stop Signs Shall Be Erected” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 64. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.20 “Streets or Portions Thereof From Which Vehicles Can Be Removed” Title V, Chapter 100, Section V-100-15.20 “Streets or Portions Thereof From Which Vehicles Can Be Removed” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 65. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.21 “Private Roads Open for Public Use”
Title V, Chapter 100, Section V-100-15.21 “Private Roads Open for Public Use” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-15.21 - Private Roads Open for Public Use
Pursuant to the provisions of Section 21107.5 of the California Vehicle Code, the City Council may from time to time, by resolution, find and declare that there are privately owned and maintained roads within the City generally held open for use of the public for purposes of vehicular traffic which so connect with highways that the public cannot determine that such roads are not highways. Upon enactment of such a resolution, the provisions of the California Vehicle Code shall apply to the privately owned and maintained roads unless the owner of the road erects a notice of a size, shape, and color as to be readily legible during daylight hours from a distance of 100 feet to the effect that the road is privately owned and maintained and that it is not subject to public traffic regulations or control.
SECTION 66. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.22 “Parking Prohibited Adjacent to Schools”
Title V, Chapter 100, Section V-100-15.22 “Parking Prohibited Adjacent to Schools” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 67. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.23 “Pedestrian Walkways”
Title V, Chapter 100, Section V-100-15.23 “Pedestrian Walkways” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 68. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.24 “Commercial Vehicle Parking Time Limited on Certain Streets” Title V, Chapter 100, Section V-100-15.24 “Commercial Vehicle Parking Time Limited on Certain Streets” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 69. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.25 “Commercial Vehicle Parking Prohibited on Certain Streets” Title V, Chapter 100, Section V-100-15.25 “Commercial Vehicle Parking Prohibited on Certain Streets” of the Milpitas Municipal Code is hereby deleted and reserved.
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SECTION 70. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.26 “Vehicle Parking Time Limited on Certain Streets Except by Permit” Title V, Chapter 100, Section V-100-15.26 “Vehicle Parking Time Limited on Certain Streets Except by Permit” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 71. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
15.27 “ Vehicle Parking Time on Certain Streets Except by Permit” Title V, Chapter 100, Section V-100-15.27 “Vehicle Parking Time on Certain Streets Except by Permit” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 72. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.04-3
Title V, Chapter 100, Section V-100-16.04-3 of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 73. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.09 “Inspection of Bicycles”
Title V, Chapter 100, Section V-100-16.09 “Inspection of Bicycles” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 74. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.10 “Attachment of License Plates”
Title V, Chapter 100, Section V-100-16.10 “Attachment of License Plates” of the Milpitas Municipal Code is hereby deleted and reserved.
SECTION 75. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.16-1 “Bicycle Lanes, Routes and Paths Established”
Title V, Chapter 100, Section V-100-16.16-1 “Bicycle Lanes, Routes and Paths Established” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-16.16-1 - Bicycle Lanes, Routes and Paths Established The City Manager may establish bicycle lanes and routes along designated streets or portions of streets and may establish bicycle paths in the interest of providing recreation and developing open space programs. Any person operating a bicycle along a bicycle route shall be subject to all of the rights and duties applicable to the operators of motor vehicles generally along the streets or portions of streets so designated, such designation being intended only to inform the operators of bicycles that such streets or portions of streets afford an expeditious route of travel by bicycle, and to alert the operators of motor vehicles of the likelihood of a higher incidence of bicycle traffic where the roadway is so marked.
SECTION 76. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 100, SECTION V-100-
16.16-2 “Bicycle Lanes, Routes and Paths Signs and Markings” Title V, Chapter 100, Section V-100-16.16-2 “Bicycle Lanes, Routes and Paths Signs and Markings” of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-16.16-2 - Bicycle Lanes, Routes and Paths Signs and Markings 259
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The City Manager or designee shall designate bicycle lanes, routes and paths by the placement of appropriate signs and roadway markings.
SECTION 77. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 78. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California. 260
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize and Approve Travel to Monterey, CA for City Manager Steve McHarris to Attend the League of California Cities City Managers Annual Conference scheduled for February 2 – 4, 2022
Category: Consent Calendar-Leadership and Support Services Meeting Date: 1/18/2022
Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 Recommendation: Authorize and Approve Travel to Monterey, CA for City Manager Steve McHarris to Attend the League of California Cities City Managers Conference scheduled for February 2 – 4, 2022, for an estimated not-to-exceed amount of $2,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office.
Background:
The League of California Cities holds its City Managers Conference each year in select California city. This popular conference is scheduled for February 2 - 4, 2022, and is designed for city managers and assistant city managers. This conference provides city officials with the essential information and updates needed to effectively run their cities. It affords the City Manager the rare opportunity to connect and openly exchange ideas with other city officials.
The in-person attendance will be contingent on the public health safety guidance in effect at the time of the conference. The preliminary program is included in this report.
Analysis:
The City of Milpitas Travel and Expense Policy requires all travel for the elected officials and City Manager be approved by City Council. Council approval of this request will allow City Manager McHarris to exchange ideas with city officials from other cities and to bring back information from other cities to share with his Executive Leadership Team.
Policy Alternative:
Not applicable
Fiscal Impact:
The estimated expenses for the conference in Monterey are $1,700 (registration, and hotel).
To date, the City Manager’s Office allocation of $14,000 for Conferences / Trainings has been sparsely used due to the webinar platform of past conferences because of health and safety reasons brought about by the pandemic. Various agencies have just recently started to offer full in-person conferences.
California Environmental Quality Act:
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA. 261
Recommendation:
Authorize and Approve travel to Monterey, CA for City Manager Steve McHarris to attend the League of California Cities City Managers Conference scheduled for February 2 – 4, 2022, for an estimated not-toexceed amount of $2,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office.
Attachment:
1. Draft 2022 City Managers Conference Schedule
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Schedule
Wednesday, February 2
Registration Open
10:30 a.m.-5:30 p.m.
Lunch On Your Own
11:30 a.m.-1:15 p.m.
Opening General Session
1:30-3:15 p.m.
Opening Remarks
John Gillison, City Manager, Rancho Cucamonga, President, City Managers Department Department Awards
Keynote: The Social Psychology of Negotiations
From working with the city council and other department heads at your city to life outside of your career, there are a broad array of negotiation skills needed to get solutions accepted and implemented. Through using a simulated negotiation exercise, you will be introduced to a “toolbox” of negotiation skills based on social psychological principles that will help you more effectively navigate relationships, problem solve, and achieve mutually beneficial solutions.
Takeaways from the session will include how to get people to open up to share information, the difference between good and bad questions, and how to build trust and influence through language and non-verbal cues. You will also understand how to plan and prepare for negotiation including making an opening offer/proposal, how to negotiate using packages, making effective concessions, and how to successfully conclude a negotiation. Finally, discover how to create value in a negotiation to make sure both sides walk away satisfied.
Speaker: Holly Schroth, Ph.D., Senior Lecturer, Management of Organizations, Distinguished Teaching Fellow, Haas School of Business, University of California, Berkeley Break
3:15 -3:30 p.m.
Straight, No Chaser
3:30-5:00 p.m.
Listen in on city managers share their experiences during the recent past, the widespread challenges that surfaced, and what they did about it. Then, participate in collective learning with your colleagues by sharing your own experiences.
Speakers:
Reva Feldman, Senior Advisor, Avenu Insights & Analytics/ Hagerty Consulting Thaddeus McCormack, City Manager, Lakewood
ATTACHMENT 1
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Rene Mendez, City Manager, Gonzales
Kimberley Summers, City Manager, Murrieta
Kurt Wilson, Executive Director, Western Riverside Council of Governments League Partner Hosted Welcome Networking Reception
5:00-6:30 p.m.
After the first day’s activities, enjoy celebrating retirees, networking with your colleagues, and some light hors d’oeuvres.
************************************************************************************************************************* Thursday, February 3
Breakfast Buffet Open
7:45-9:00 a.m.
Concurrent Sessions
9:00-10:15 a.m.
Creating a Culture of Equity
There is high interest from both city staff and the community to advance equity in city government. As city managers and department heads responsible for leading this work, how do we harness this energy to create a culture of equity for our organizations? What are the challenges we’re facing and the successes we’ve experienced? Learn city strategies to approach equity and get the opportunity to share your own city’s experiences.
Make Your City Attorney Your Best Friend
When issues get tense in your city, having a solid relationship with your city attorney can make a significant difference. You may not always see eye-to-eye, but understanding the key elements of building that relationship, and maintaining when undertaking a difficult issue, will help smooth the process and light the way to win-win solutions.
Speakers:
Dave Fleishman, City Attorney, Pismo Beach
Jim Lewis, City Manager, Pismo Beach
Show Me the Recovery! Updates on Fees, Assessments, and Financing Districts Discover the importance of utilizing a variety of revenue tools, in both recovery mode as well as for longterm fiscal sustainability in a changing economy. The panel will address revenue options and the importance of public engagement as a fundamental effort. Updates via recent case law and legislative changes affecting cities across California will be provided. Select case studies statewide will be reviewed, including tales of challenges and successes in the city of Rancho Cucamonga. The topic of fiscal sustainability is a constant challenge for cities across the state, and perhaps more than ever as we emerge from the COVID pandemic. Attendees will leave the session with actionable information that can be applied to their city.
Moderator:
John Gillison, City Manager, Rancho Cucamonga
Speakers:
Michael Colantuono, Managing Shareholder, Colantuono, Highsmith & Whatley, PC Tim Seufert, Managing Director, NBS
Danielle Wood, Director, NBS
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Visit with Sponsors Coffee Break
10:15-10:45 a.m.
Concurrent Sessions
10:45 a.m.-12:00 p.m.
Creating a Strong Partnership with CalOES
Emergencies move fast and have devasting physical and economic impacts on communities. One way to prepare your city is to have a strong relationship with the Governor’s Office of Emergency Services (CalOES). This relationship can help cities understand the short and long-term funding and program opportunities available to your city from the state. Learn about the programs that CalOES administers and take-away tips on how to build stronger relationships and support each other. Understand how the wide variety of programs offered by the state can benefit your city and can mitigate the impacts of an emergency. Proactively learn how to partner with CalOES on these programs and ask questions about how to best operationalize disaster preparedness and cost recovery in your city.
Speaker:
Ryan Buras, Deputy Director, California Governor's Office of Emergency Services Think Outside the Building: Innovating Your Future
Knowing that innovation is critical isn’t enough. “Getting it” is one thing. “Getting it done” is quite another. When your city thinks of itself as a community builder, quality of life advocate, and service provider, then it starts to behave differently. And that’s where innovation surfaces because to innovate is to implement change that creates a new dimension of performance. In this session, practical strategies and proven techniques are presented to (re)set the tone of a dynamic, always-on, learning culture that’s essential to unleash creativity and lead to faster, better innovation.
Moderator:
Armine Chaparyan, City Manager, South Pasadena
Speaker:
Patrick Ibarra, Co-Founder and Partner, The Mejorando Group Prohousing Programs: Demonstrating Statewide Leadership While Meeting Local Goals Many cities throughout California are experiencing dramatically increased Regional Housing Needs Allocation (RHNA) numbers, economic inequities, and homelessness. Now, a state program seeks to support local governments by creating a framework to help local agencies document prohousing policies and gain additional preference for competitive grant programs. Join us to learn best practices and lessons learned from cities that are leading the charge and get your burning questions answered.
Moderator:
Karalee Browne, Assistant Executive Director, Institute for Local Government Speakers:
Matthew Burris, Deputy City Manager, Rancho Cucamonga
Danielle Foster, Housing Policy Manager, Sacramento
Networking Luncheon
12:00-1:15 p.m.
Afternoon General Session
1:15-2:45 p.m.
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Opening Remarks
Eric Figueroa, City Manager, Martinez, First Vice President, City Managers Department ICMA/Cal-ICMA President Remarks and Award
Troy Brown, City Manager (ICMA-CM), Moorpark
Dominic Lazzaretto, City Manager, Arcadia
Combatting Disinformation on Social Media: From Politically Motivated to Factually Inaccurate Social media tools empower governments to quickly inform and mobilize residents in support of community events and initiatives. They are also tools that enable rapid sharing of disinformation across residents that range from the politically motivated designed to manipulate, to the factually inaccurate that need only be coherently corrected. This presentation encompasses the design of policies and practices, and digs deeply into derailing disinformation viral messaging that originates from diverse sources, some legitimate and some disingenuous.
Speakers:
Thomas Bryer, Professor, University of Central Florida
Sarah Stoeckel, Councilmember, City of Titusville, Florida Visit with Sponsors Coffee Break
2:45-3:15 p.m.
Concurrent Sessions
3:15-4:45 p.m.
Diverse Workforce Development: Tips for Success and Pitfalls to Avoid Explore tips for increasing diversity on your team. How do you move from just saying you want to increase diversity and inclusion, to actually seeing your staff at all levels of your organization and leadership reflect the diversity of the region you serve? This session will provide stories, tips, and tricks (and pitfalls to avoid) from colleagues who have been successful in doing so.
Speaker:
Lydia Romero, City Manager, Lemon Grove
Defending Institutions: Promoting Civic Debate and Rejecting Personal Attacks In 2020, a protest outside the home of Sacramento City Manager Howard Chan threatened the very institution of democracy, moving the public debate forum from its rightful place in Council Chambers and the ballot box to the personal domicile of a civic leader. When events like this happen, how can city leaders and administrators protect themselves and their families while fostering greater community trust? Do existing channels for public debate suffice, or are more outlets needed to make the public feel heard – particularly in the age of digitization?
Moderator:
Ken Striplin, City Manager, Santa Clarita
Speakers:
Troy Brown, City Manager (ICMA-CM), Moorpark
Howard Chan, City Manager, Sacramento
Combating Disinformation on Social Media: The Workshop
A continuation of the afternoon General Session. Given a set of interactive scenarios, participants will develop and use a toolkit of technological, relational and communication solutions to combat 266
disinformation. Next, learn how to apply principles of civil discourse that neither disparages residents who are spreading disinformation nor legitimizes viewpoints that are damaging to the community. Finally, create a plan to enable a rapid response team that bridges government and community to promote both correct information and civility across individuals who disagree with each other.
Speakers:
Thomas Bryer, Professor, University of Central Florida
Sarah Stoeckel, Sarah Stoeckel, Council Member, City of Titusville, Florida Presidential Networking Reception
5:00-6:00 p.m.
Evening on Your Own
6:00 p.m.
************************************************************************************************************************* Friday, February 4
Breakfast Buffet Open
7:45-9:00 a.m.
Concurrent Sessions
9:00-10:15 a.m.
Navigating and Delivering for Multi-Generational City Councils A new generation of elected leaders is joining city councils, bringing new perspectives and policies to the dais. They also have different experiences with government and may be interacting with a city manager for the first time. Plus, their fresher viewpoints may clash with more seasoned councilmembers. Learn firsthand from fellow city managers how they navigate these varying views and how it can affect decision making.
A Tale of Four Cities: Partnerships and Programs for the Unhoused Hear from four city managers as they discuss programs and partnerships that are addressing homelessness.
Moderator:
Helene Schneider, Regional Coordinator, U.S. Interagency Council on Homelessness Speakers:
Damien Arrula, City Manager, Placentia
Oliver Chi, City Manager, Huntington Beach
Alma K. Martinez, City Manager, El Monte
Robert Nisbet, City Manager, Half Moon Bay
Benefits and Risks of the New Hybrid Workplace Model
As we move beyond the COVID-19 crisis, some cities are back to pre-pandemic norms while others have adopted new hybrid work models. Will hybrid work fundamentally change the way local government operates? Hear from city managers about their experiences with different remote work models in varying organization sizes, and best practices for work in the post-COVID world. Speakers will consider the impacts of a hybrid workplace on labor negotiations, equity concerns, tax-related issues, accessibility, citywide versus department-specific remote work policies, and the implications of the state government’s decision to permanently change the way they work.
Moderator:
Justin Hess, City Manager, Burbank
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Speakers:
Armine Chaparyan, City Manager, South Pasadena
Lisa Goldman, City Manager, Burlingame
Karen Pinkos, City Manager, El Cerrito
Coffee Break
10:15-10:30 a.m.
Closing Session
10:30-11:45 a.m.
Opening Remarks
Justin Hess, City Manager, Burbank, Second Vice President, City Managers Department CCMF Remarks
California State and Local Economic and Fiscal Outlook
California has one of the largest and most diverse economies in the world California has been an epicenter of innovation, entertainment, agriculture and tourism in America for over a century. A combination of things, mostly stemming from the COVID-19 pandemic continues to cause economic disruption and uncertainty.
Municipal revenues are affected in turn – but uniquely. This panel of leading experts will analyze economic and financial trends and discuss the year ahead for California its cities.
Adjourn
11:45 a.m.
*Schedule subject to change
268
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, and Environmental Assessment to allow development of a 32-unit townhome condominium subdivision, comprised of two multi-family buildings up to 50 feet in height (three to four stories), with tandem garages accessed from a central drive aisle, and associated site improvements on a 1.22-gross acre site located in the Multi-Family High Density Residential (R3) Zoning District at 2001 Tarob Court, in the Transit Area Specific Plan (TASP) planning area.
Category: Public Hearings-Community Development
Meeting Date: 1/18/2022
Staff Contact: Ned Thomas, Planning Director, 408-586-3273 Recommendation: 1) Conduct a public hearing, receive public comment, and move to close the hearing. 2) Consider the consistency memorandums to the Addendum to the Transit Area Specific Plan Environmental Impact Report (TASP EIR) and the exemptions in accordance with CEQA.
3) Adopt a Resolution approving Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21-0005, Vesting Tentative Map No. MT21-0001, and Environmental Assessment No. EA21-0002 to allow development of a 32-unit townhome condominium subdivision, comprised of two multi-family buildings up to 50 feet in height (three to four stories), with tandem garages accessed from a central drive aisle, and associated site improvements, subject to the findings and Conditions of Approval.
Background:
In June 2008, the City of Milpitas adopted the Transit Area Specific Plan (TASP) to facilitate the transformation of older industrial properties surrounding the future Milpitas Transit Center into high intensity, transit-oriented, mixed-use neighborhoods. The Project site is located within the Trade Zone/Montague Sub-District of the TASP.
This sub-district is located east of Montague Expressway and south of Capitol Avenue, extending to the city limits on Trade Zone Boulevard and Lundy Place. On the Tarob Court side of the sub-district, the TASP envisions a moderate-to-high density residential area, with ample green space in the form of a large park and trails along Penitencia Creek. The Capitol Avenue and Montague Expressway portions of the sub-district are to be lined by mid-rise and high-rise mixed-use buildings that buffer the adjacent residential uses from noise and traffic.
On November 2, 2018, The True Life Companies (TTLC) submitted an application for a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, and Environmental Assessment to develop a 40-unit condominium residential project at the project site. The Planning Commission recommended the City Council approve the above applications on July 31, 2019. On August 20, 2019, the City Council adopted Resolution No. 8899, approving the development application.
In March 2020, the City initiated an update to the TASP and rebranded this effort as the Milpitas Metro Specific Plan. The updated Plan will shape the continued transformation of neighborhoods surrounding the Milpitas Transit Center, which opened in June 2020, to create a vibrant transit-oriented community with a mix of housing, retail, entertainment, and employment uses and a safe and attractive network of parks and trails. Future 269 development within the Tarob Court area is a primary component of the Milpitas Metro Specific Plan, with a vision for higher-density mixed-use development based on a future direct connection to the Milpitas Transit Center via an extension of South Milpitas Blvd into the neighborhood.
On March 24, 2021, TTLC submitted a new preliminary application pursuant to California Senate Bill 330 (SB 330) for a 32-unit townhome subdivision at the project site. On April 30, 2021, TTLC submitted a formal application for the revised townhome project, which is at the lower end of the density range for residential development in the R3-TOD zoning district.
On October 27, 2021, the Planning Commission reviewed the proposed Project and held a public hearing to receive public comment. Prior to the public hearing, staff received one comment letter, submitted by John Doll, a Milpitas resident, critiquing the proposed color scheme for buildings within the project. The Planning Commission received no other public comments during the public hearing.
The Planning Commission approved staff’s recommendation for approval of the Project and forwarded the item to the City Council. The final vote was six “Ayes” votes and one absence (Chair Tao).
California Senate Bill 330 (Housing Crisis Act)
As noted above, TTLC submitted the proposed project pursuant to California Senate Bill 330 (SB 330), the Housing Crisis Act of 2019. This law went into effect on January 1, 2020 and declared a statewide housing emergency through January 1, 2030. The Housing Crisis Act allows an applicant to submit a preliminary application for any housing development project, as defined in Government Code Section 65589.5(h)(2). A housing development project includes the following: residential units only; mixed-use development consisting of residential and non-residential uses with at least two-thirds of the square footage of the project designated for residential use; transitional housing or supportive housing.
Under SB 330, eligible housing development projects are eligible for enhanced streamlining and vesting opportunities through a process initiated by the filing of a preliminary application. Once the preliminary application is deemed complete by the local jurisdiction, the housing development project is subject only to the ordinances, policies, and standards adopted and in effect at the time the preliminary application was submitted. In addition, housing development projects that meet all applicable objective general plan and zoning standards may only be subject to a total of five public hearings, including continuances and most appeal hearings.
Once a preliminary application is deemed complete, a complete project application must be submitted and accepted by the Planning Department within 180 days of submission of the preliminary application. The project must also commence construction within 30 months after the date of final approval. The preliminary application from TTLC met the qualifications for streamlined review by the City under SB 330, and they submitted a formal application on April 30, 2021.
Project Description:
The Project site at 2001 Tarob Court is currently occupied by a 16,200-square foot light industrial office building.
The site was originally developed in the 1980s as part of the Tarob Court industrial park.
The Project includes a total of 32 townhome units, comprised of two multi-family buildings up to 50 feet in height, with tandem garages accessed from a central aisle. The scope of work includes associated landscaping and open space, parking and circulation, and infrastructure improvements.
The 32 townhome condominium units consist of four two-bedroom units and 28 three-bedroom units. The units will range in size from 1,854 to 2,354 square feet and all units will have a tandem two-car garage. The Project also provides nine guest parking spaces, ten public bicycle parking spaces, two electric vehicle charging spaces, and two ADA parking spaces. The Project will gain ingress and egress from both Tarob Court and Lundy Place via both existing driveway curb cuts.
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Five of the 32 units, or fifteen percent (15%) of the base units, will be affordable to moderate-income households in conformance with the City’s Affordable Housing Ordinance. By providing the required on-site affordable units, the Project is also eligible for certain waivers under the affordability provisions of the State Density Bonus Law (Gov. Code § 65915 et seq.) even though the Project is not asking for an increase in units or density. Specifically, Government Code Section 65915(p)(5) permits eligible housing projects under the State Density Bonus Law to provide onsite parking through tandem parking or uncovered parking. The analysis section of this staff report includes a full discussion of the State Density Bonus provisions related to this Project.
Location and Context:
The Project is located on a 1.22-acre site on the west side of Tarob Court, as shown in Figure 1 below.
Figure 1: 2001 Tarob Ct. (Aerial Image)
The property located within the Transit Area Specific Plan (Milpitas Metro Specific Plan) area and zoned R3 Multi-Family High Density Residential with a Transit-Oriented Development (-TOD) overlay. Table 1 summarizes the Project site’s General Plan land use designation, zoning, and surrounding uses. Figure 2 shows the proposed location and surrounding zoning.
Project Site
N
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Table 1: Surrounding Zoning and Land Uses
General Plan Zoning Existing Uses
Subject Site Milpitas Metro Specific
Plan (MMSP)
Multi-family
High-Density
Residential (R3-TOD)
Vacant Light
Industrial
West Milpitas Metro Specific
Plan (MMSP)
Multi-family
High-Density
Residential (R3-TOD)
Light Industrial
East Milpitas Metro Specific
Plan (MMSP)
Multi-family
High-Density
Residential (R3-TOD)
Future MultiFamily Residential
North Milpitas Metro Specific
Plan (MMSP)
Multi-family
High-Density
Residential (R3-TOD)
Light Industrial
South City of San Jose City of San Jose Light Industrial Figure 2: 2001 Tarob Ct. (Zoning Map)
Analysis:
The proposed Project requires approval of three entitlements and the environmental assessment, as follows:
1. Site Development Permit SD21-0004: To allow of two multi-family buildings, ranging from three to four stories in height, with up to 32 residential units on the 1.22-acre site; and
2. Conditional Use Permit UP21-0005: To allow the condominium use; and
3. Vesting Tentative Map MT21-0001: To establish 32 residential condominium spaces and related common areas and to record site easements; and
4. Environmental Assessment EA21-0002: To review and verify an exemption from further environmental review under CEQA.
Project Site
R3-TOD
Park-Open Space
N
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Staff reviewed the entitlement applications listed above and found them to be in compliance with the policies, standards, and processes outlined in the City of Milpitas 2040 General Plan, Transit Area Specific Plan (Milpitas Metro Specific Plan), Zoning Ordinance, Milpitas Municipal Code (MMC), and the State Density Bonus Law. The remainder of this agenda report provides specific details regarding each of the requested entitlements.
General Plan Conformance
The General Plan designation for the project site is Milpitas Metro Specific Plan (MMSP), but since the City Council has not formally adopted the MMSP, the TASP development standards currently apply. The intent of both the MMSP and TASP standards is to facilitate development of higher intensity, mixed-use neighborhoods near the Milpitas Transit Center and to encourage walking, biking, and the use of alternative modes of transportation.
As proposed, the Project is consistent with the goals, policies, and standards in the City’s General Plan, as set forth in Table 2 below.
Table 2: General Plan Consistency
Policy Conformance
Policy LU 1-4: Continue to provide for a
variety of housing types and densities that
meet the needs of individuals and families
and offers residents of all income levels, age
groups and special needs sufficient housing
opportunities and choices for locating in
Milpitas.
Consistent. The Project provides an additional housing type to meet the needs of various families and residents of all income levels. The Project, as proposed, consists of 32 townhome residential units, ranging from two to three
bedrooms. Five of the residential units will be reserved for moderate-income households. The City would prefer to see higher density development at this location.
Policy LU 5-1: Require new development
and redevelopment to be compatible,
complementary and, where appropriate, well
integrated with existing residential areas.
Integrate new large-scale development
projects into the fabric of the existing
community rather than allowing projects to be
insular and self-contained, walled off, or
physically divided from surrounding uses.
Improve connectivity between neighborhoods
and services with new development. Tie
circulation systems and open spaces into
existing streets and open spaces. Reduce
unnecessary barriers and improve
connections between neighborhoods and
services by retrofitting existing development
over time as area improvements or
redevelopment occurs.
Consistent. The Project, as proposed, is well integrated with the existing residential developments along Lundy Place and Tarob Court, as the project has a similar architectural style, building height, multi-family product, and site layout.
Additionally, the project will gain ingress and egress from both Tarob Court and Lundy Place via existing driveway curb cuts, and as a result, the Project will blend seamlessly into the fabric of the existing community. The Project will also be compatible and complementary to future high-density
residential development planned for other parcels on Tarob Court which are currently developed with light industrial uses but are zoned for redevelopment as similar high-density residential uses.
Policy LU 5-3: Ensure new development is
consistent with specific height limits
established within the City’s Zoning
Ordinance as applied through the zoning
district for all properties within the City.
Consistent. The Project meets the height standards by
proposing two three to four-story buildings, up to 50 feet in height, in a zoning district that allows a maximum height of 75 feet.
Transit Area / Metro Milpitas Specific Plan Conformance 273 The TASP/MMSP land use designation for the project site is High Density, Transit-Oriented Residential. This designation provides for medium-density residential uses within the Trade Zone/Montague Sub-District. As shown in Table 3 below, the Project is consistent with applicable TASP/MMSP land use policies.
Table 3: TASP/MMSP Consistency
Policy Conformance
Policy 3.4: Provide a variety of housing types for
different types of households, different income
levels, different age groups, and different lifestyles.
Consistent. The proposed Project will provide various
housing types, including two and three-bedroom units for sale at market-rate and five of the 32 units will be for sale to moderate-income individuals or households,
consistent with the City’s goal of providing housing for various households and income levels. The City would
prefer to see higher density development at this location.
Policy 3.17: New streets shall be located as
generally shown on the Street System Map,
Figure 3-2 within the TASP
Consistent. A portion of the Project’s TASP fees will
contribute to the new Tarob Court configuration,
designed to replace the cul-de-sac with a local street and connection to Sango Court.
Policy 3.2: Affordable housing units should be
provided with new housing developments.
Determine affordable unit requirements on a
project-by project basis, considering the size of
the project, the location of the site, and the mix of
affordable units in the Midtown Area. Allow
housing developments of 12 units or less to pay a
fee in lieu of providing affordable units.
Consistent. The Project conforms to the City’s
Affordable Housing Ordinance and will designate five out of the 32 units, or fifteen percent (15%) of the base
number of units, for moderate-income level individuals or households.
Policy 3.3: Affordable housing should be
integrated into all residential projects.
Consistent. The Project will designate five residential units for sale to moderate-income individuals or
households and the units will be dispersed throughout
the project site.
Zoning Conformance
The zoning designation for the project site is Multiple-Family High Density Residential (R3) with a TransitOriented Development (-TOD) Overlay. As demonstrated in Tables 4 and 5 below, the Project is consistent with the development standards for the R3-TOD Zoning District and TASP/MMSP area. The affordability provisions of the State Density Bonus Law allow the project to deviate from certain standards. A detailed discussion of the State Density Bonus Law and a summary of the deviations are provided later in this report. 274
Table 4: Development Standards for the R3-TOD Zoning District R3-TOD Standard Conformance
Density 21-40 dwelling unit/gross acre Compliant: 25 du/acre MXD3 Standard Conformance
Setbacks Compliant
Front (min / max) 8-15 ft. from the back of sidewalk 15 ft.
Right (South) Side 15 ft. / 20 ft. for over three stories when abutting residential
26 ft.
Left (North) Side 15 ft. / 20 ft. for over three stories when abutting residential
43 ft
Rear 15 ft. / 20 ft. for over three stories when
abutting residential
20 ft.
Building Height Up to 75 ft. Compliant: 49 ft, 11 in.
Private Open Space An average of 200 SF of usable open
space shall be provided for each
dwelling unit. Balconies, porches, or
roof decks may be considered usable
open space when properly developed
for work, play or outdoor living areas.
At least thirty (30) percent of required
open space shall be contiguous to and
provide for private usable open space
of the individual dwelling unit.
200 x 32 = 6,400 SF = 0.15 acres
Each dwelling unit shall be provided
with private open space as follows:
- Balconies and porches (above
ground level): minimum 60 SF;
or
- Patios (at ground level):
minimum one hundred square
feet.
Compliant:
Private recreational area: 0.14 acres
Private open space (balconies) =
1784 SF/building = 1784 x 2 = 3,568 SF = 0.08
acres
Total private open space = 0.22 acres = 299.5
SF/unit
Private balconies provided for every unit
Landscaping A minimum of twenty-five percent
(25%) of the total lot area shall be
landscaped or recreational open
space, exclusive of parking and
vehicular traffic area.
25% x 1.22 = 0.31 acres
Compliant: 0.46 acres (37.7%)
In addition, projects located in the TASP/MMSP area must comply with the additional development and design standards outlined in Table 5 below.
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Table 5: Additional Development Standards Applicable in the TASP/MMSP Standard Conformance
Projections into
Required Yards
Porches, stairs, balconies, bay
windows, and awnings may project
up to six feet into setback.
Compliant: None proposed.
Building Orientation
and Entrances
Building must face the street; and
primary building entrances must be
oriented toward the street.
Compliant: Buildings face Tarob Court,
which is the project’s primary street
frontage.
Vehicle Parking Two to Three Bedrooms: 1.6 covered
(min), two (2) covered (max).
Compliant: 64 tandem spaces in 32
garages (two/unit)
Bicycle Parking One space per four housing units,
exempting those with private
garages; on-street guest racks
equivalent to five percent (5%) of
parking requirement.
Compliant: 10 public spaces provided
plus Project has 32 private garages.
Parking Structure and
Parking Lot Location
Parking must be located so that it is
not visible from the street.
Compliant: 32 private garage entrances
face interior drive aisle.
Parking Access and
Curb Cuts
Maximum two curb cuts per lot per
street frontage
Compliant: One curb cut along each
street frontage.
Tandem Parking May be allowed with a Conditional
Use Permit pursuant to MMC Section
53; maximum 50% of parking
required for residential uses may be
tandem parking in projects with
private individual garages.
Compliant (Under Gov. Code, §
65915(p)(5) under State Density Bonus
Law): All residential unit parking is tandem
(64 spaces).
Park Acreage
Requirements
0.03 acres (after payment of
TASP/MMSP fee)
Compliant: 0.14 acres proposed, which
includes private recreation areas along the
southern end of the site
Subdivision Ordinance
The Project’s form, content and dedications of the proposed tract map are consistent with the provisions in Title XI, Chapter 1, Section 4 of the City’s Municipal Code, as set forth in the Resolution. Vesting Tentative Maps require approval by the City Council.
Architectural Design
The Project’s design concept arranges two multi-family buildings, three to four stories in height, that mirror one another across a central drive aisle. The arrangement preserves ground floor open space and creates a 26-foot wide drive aisle between the buildings. The Project’s contemporary architectural design uses stucco, siding, stone tile veneer, and a variety of metal details. Variations in the building colors, materials and planes and protruding balconies provide architectural interest and avoid a boxy appearance.
The building massing is broken up through an alternating painted color blocking treatment of dark green (SW “Dried Thyme”), light grey (SW “Natural Choice”), and steel blue (SW “Needlepoint Navy”). At the ground level, stone tile veneer and metal awnings frame the entry to the units. The garage doors are face the interior drive aisle, while the grand raised entrances face Tarob Court to enhance the public realm of Tarob Court’s streetscape. The ground level entrances and private open space areas on the southern end of the property also offers residents the opportunity for out-of-doors leisure, as well as community engagement. 276
The Project has a similar architectural style to the Parkside project and visually relates to the previously approved three-story townhouses across Tarob Court. Moreover, the Project conforms to the Transit Area design guidelines, which require orientation of the building to the street, well-articulated exterior walls with consistent style and materials, muted colors for primary building walls with richer accent colors and integrated parking.
Figure 3 is a perspective view of the north and west building elevations.
Figure 3: Proposed Project Looking Southeast from Tarob Court Landscaping (including Tree Removal and Replacement)
The Project includes removal of 34 existing trees, including 21 protected trees, from the project site. Pursuant to MMC Title X, Chapter 2 (Tree Maintenance and Protection), the Project will plant two replacement trees for every protected tree that is removed, or 128 new trees planted on the site. Tree species include Chinese Pistache, Magnolias, Lavender Crape Myrtle, and Crabapple. New perimeter landscaping will include various shrubs (Australian Fuchsia, Candy Stripe Bamboo, Fortnight Lily, Lavender, New Zealand Flax), grasses (Reed Grass, Deer Grass, Fountain Grass) and groundcovers (Peach Drift, California Fuchsia, Pink Groundcover Rose) as demonstrated in Figure 4. Vines will also be welded on a wire mesh fence on the southern end of the site.
Figure 4: Landscape Plan
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Parkland and Open Space Requirements
TASP requires all new residential developments to provide 3.5 acres of parkland for every 1,000 persons or payment of fees-in-lieu, as required per MMC Section XI-10-6.04 (G) (Park and Open Space Requirements for Residential Uses). Based on the proposed 32 units at the site, the Project would be required to provide 0.28 acres of parkland, or the equivalent to approximately $777,472.82 in in-lieu fees.
All projects in the TASP are required to pay a Transit Area Development Impact Fee (TADIF), and portion of the TADIF is used for public park and recreation facilities within the TASP area. By paying the TADIF, the applicant receives a credit of $690,061.12, equivalent to 0.25 acres of parkland. The applicant is obligated to either provide an additional 0.03 acres of public or private recreational space or pay an additional $87,411.70.
To satisfy this requirement, the applicant proposes to provide 0.12 acres of on-site private recreation space.
Each individual unit has a private balcony, totaling 3,568 square feet. The private recreation areas also include a bench, mailbox station, concrete paving and various landscaping, as shown on Sheet L002 of the Project plans (See Attachment 6: Project Plans). By designing these elements into the project, the parkland requirement is met without additional fees. Table 6 outlines this information.
Table 6: Summary of Adherence to Parkland Requirements
2001 Tarob Court Unit Count 32 units
2001 Tarob Court Population Estimate 80 persons
TASP Parkland Requirement 3.5 acres/1,000 people or
equivalent fees-in-lieu
Total Parkland Acreage or In-lieu Fee Required 0.28 acres / $777,472.82 Amount include in Payment of TASP Fees (Acreage/Dollars) 0.25 acres / $690,061.12 Remaining Parkland Acreage or In-lieu Fee Required 0.03 acres / $87,441.70 Private Recreation/Open Space Included in the Project 0.12 acres Balance of Parkland Acreage or In-lieu Fees Due 0.00 acres / $0 Affordable Housing Ordinance
Pursuant to MMC Section XII-1-3.00, all new residential development projects of ten units or more designed and intended for permanent occupancy are required to construct fifteen percent (15%) of the total number of dwelling units within the development as affordable units, unless subject to an exception set forth in XI-1-4.00.
All exceptions require City Council approval.
The Project will reserve five units (or fifteen percent (15%)) as affordable to moderate income households. The Project has been conditioned to execute an agreement imposing appropriate ownership controls on the affordable units.
State Density Bonus Law
To encourage the production of affordable housing, the State Density Bonus Law (Gov. Code § 65915 et seq.) allows developers to receive a density bonus of up to a 50% increase for most projects, depending on the amount of affordable housing provided, and an 80% increase in density for projects that are 100% affordable. The Density Bonus is a state mandate, and any developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. The City’s local Density Bonus Ordinance (MMC Section XI-10-54.15 (F)) mirrors the State requirements.
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By providing the required on-site affordable units pursuant to MMC Section XII-I-3.00, the Project is eligible to receive certain waivers under the affordability provisions of the State Density Bonus Law. While the Project is not requesting additional density, it is entitled to up to one concession, unlimited waivers of development standards, and parking standard reductions.
Parking Requirements
Under the TASP, a minimum of 51 and a maximum of 64 resident parking spaces are required for the proposed project, based on bedroom count (TASP Table 5-3: Minimum Parking Requirements). The applicant proposes to provide 64 resident spaces, the maximum required. Parking for residents would primarily be provided in individual tandem parking garages oriented towards the internal drive aisle. As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5) permits all onsite parking to be provided through tandem parking or uncovered parking.
The Project also requires ten guest parking spaces, and the applicant proposes to provide nine spaces. Under Government Code Section 65915(p)(1) and MMC Section XI-10-54.15(F)(5), the applicant may request reduced parking standards for the entire development. The reduced parking standards are inclusive of guest parking and handicapped parking and may be tandem or uncovered. The nine guest spaces will be provided as follows:
Seven (7) along the private driveway;
One (1) ADA guest spot along the private driveway; and One (1) electric vehicle charging spot along the private driveway.
To maintain a consistent streetscape along Tarob Court, the Project will be required to install decorative concrete paving to identify all on-street parking spaces. Table 7 demonstrates the Project's compliance with the parking standards for the R3-TOD Zoning District:
Table 7: Parking Requirements
Number of
Units
Number of
Bedrooms/Unit
Min/Max Ratio
Permitted/Unit
Min/Max No.
of Spaces
Req’d/Allowed
Spaces
Provided Conforms (Y/N)
32 2-3 1.6/2.0 per unit 51/64 64 Y
Guest --
20% of total
spaces
required
10 9
Permitted under State Density
Bonus Law
Total: 61 73 Y
Bicycle Parking – For residential uses within the TASP, one space of long-term bicycle parking per every four housing units is required, exempting units with a private garage. As the Project has 32 private garages, no longterm bicycle parking spaces are required.
For guests, the TASP requires short-term bicycle parking spaces equivalent to five percent (5%) of the total automobile spaces required. This equates to three (3) short-term bicycle spaces for guests, and the Project will provide ten bicycle spaces in compliance with the requirement.
Traffic and Access
Access to the Project site is provided by a driveway located at the northern corner off Tarob Court and at the southern corner off Lundy Place. The driveways provide access to an internal twenty-six (26)-foot access drive lane and fire lane, which includes a fire engine/garbage truck remote control gate along the southern corner of the site. There are 32 private residential garages along the central drive aisle. Nine guest parking spaces will 279
be located along the access drive lane, including one accessible parking space and one electric vehicle parking space. All traffic and access data has been reviewed by Transportation and Fire and is compliant with all applicable requirements.
Development Fees
The Project is subject to the following fees, payable at the time of building permit issuance:
TASP Impact Fee
The TASP/MMSP Impact fee is currently set at $44,009/unit for residential uses for Fiscal Year 2021-2022.
Based on approval for development of 32 units, the estimated Transit Area Specific Plan Development Impact Fee for this project is $1,408,288 ($44,009/unit x 32 units). This fee is automatically adjusted each fiscal year in conjunction with the City’s annual budget process. The proposed Project will pay the fee at the issuance of building permits.
Parkland Impact Fee
TASP requires all new development to provide 3.5 acres of parkland for every 1,000 persons or payment of feesin-lieu. Per the parkland section, above, the project has satisfied this requirement. See Table 6 for more information.
Public Art Fee
The Project will comply with the City’s Public Art Requirements for Private Development, as set forth in Milpitas Municipal Code Section XI-10-14. This fee is currently set at one-half of one percent of building development costs. The proposed Project will pay the fee based on the construction valuation at the building permit issuance Findings for Vesting Tentative Map, Site Development Permit and Conditional Use Permit A finding is a statement of fact relating to the information that the City Council has considered in making a decision. Findings shall identify the rationale behind the decision to take a certain action.
Vesting Tentative Map (Section XI-1-20.01)
To approve the Major Vesting Tentative Subdivision Map, the following findings must be made pursuant to Milpitas Municipal Code Section XI-1-20.01:
1. The tentative subdivision map is consistent with the General Plan.
The General Plan designation for the project site is Milpitas Metro Specific Plan (MMSP), but since the City Council has not formally adopted the MMSP, the TASP development standards currently apply. The intent of both the MMSP and TASP standards is to facilitate development of higher intensity, mixed-use neighborhoods near the Milpitas Transit Center and to encourage walking, biking, and the use of alternative modes of transportation.
The TASP designates this project site as High Density, Transit Oriented Residential (HD-TOR). The intent of this designation is to provide high-density housing at a density range of 21-40 dwelling units/acre. As this Project proposes 25 dwelling units/acre, it is consistent with both the intended land use of the General Plan and the relevant density requirement. The Project site was not identified as a potential site for yielding affordable housing units in the City’s Housing Element, as the site was zoned for industrial uses prior to October 2017. Therefore, there is no net loss of affordable housing units.
Further, the tentative subdivision map is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2.
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2. None of the conditions identified in California Government Code Section 66474 exist, to wit:
A. That the proposed map is not consistent with applicable general and specific plans as specified in Government Code Section 65451.
As set forth in Finding 1 above, the map proposes the development of the site into 32 residential condominium units at a density of 25 dwelling units/acre. The General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan land use designation applicable to the site (Milpitas Metro Specific Plan (MMSP), and High Density, Transit-Oriented Residential (HD-TOR)) permits residential development at densities of 21 to 40 dwelling units/acre. The map is therefore consistent with the General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan.
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
The design and improvement of the subdivision is consistent with the density range of 21-40 dwelling units per acre as permitted by the General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan. The proposed density is 25 dwelling units per acre. The proposed Project is also consistent with the Milpitas Metro Specific Plan/Transit Area Specific Plan development standards, including height (maximum of 50 feet proposed, where 75 feet is the maximum allowed), number of vehicular parking spaces (64 vehicular spaces proposed, where a maximum of 64 is allowed), bicycle parking (10 spaces proposed, where 3 are required), building orientation (proposed buildings will face streets, where requirement provides building must face streets).
C. That the site is not physically suitable for the type of development.
The site is surrounded by property designated for high density, transit-oriented residential development under the City’s General Plan and zoned for this type of development under the Milpitas Metro Specific Plan/Transit Area Specific Plan. In addition, this site is suitable for the higher density development based on the location, physical attributes, and proposed infrastructure improvements.
D. That the site is not physically suitable for the proposed density of development.
The City Council, through adoption of Resolution No. 8702, has determined that the site is physically suitable for development at the proposed density of 25 dwelling units per acre, insomuch as it has amended the applicable general plan land use designation to High Density, Transit Oriented Residential (HD-TOR), and subsequently Milpitas Metro Specific Plan (MMSP), which currently allows densities of 21-40 dwelling units per acre. The site is also flat and has direct access to adjacent streets (Tarob Court and Lundy Place) to accommodate the proposed density of the development.
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The Project, including the subdivision and its associated improvements, has been subjected to environmental review under CEQA through the preparation of an Environmental Assessment/Categorical Exemption/Peer Review Memos (Attachments 2 and 3). The memo did not find that the Project would be likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project is also located in an urbanized area and previously developed as an industrial building, and therefore, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
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F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
The Project, including the subdivision and its associated improvements, has been subjected to environmental review under CEQA through the preparation of an Environmental Assessment/Categorical Exemption/Peer Review Memorandums (Attachment 2). The memorandums did not find that the design of the subdivision or type of improvements is likely to cause serious public health problems.
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Upon review of the subdivision map, it has been determined that the design of the subdivision or the type of improvements will not conflict with any easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The subdivision does not involve the vacation of easements; however, the existing right-of-way will be abandoned and portions of the area will be retained for a Public Services Utility Easement (PSUE).
Site Development Permit (Section XI-10-57.03 (F))
To approve the Site Development Permit, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.03(F):
1. The layout of the site and design of the proposed buildings, structures, and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.
The Project’s site design is consistent with the MMSP/TASP development standards for the Trade Zone/Montague Sub-district. The project consists of 32 condominium units and associated site amenities on a 1.22-acre site. The building’s contemporary architectural design visually relates to and is compatible with the adjacent townhome projects along Tarob Court. The Project also features exterior horizontal blue and green-hued siding. The Project has a strong sense of identity, achieving compatibility and aesthetic harmony with surrounding developments.
2. The project is consistent with the Milpitas Zoning Ordinance.
The Project site is zoned R3 (Multiple-Family, High Density Residential with a Transit Oriented Development (-TOD) Overlay). Residential uses are permitted in the zoning district. As demonstrated in Tables 4, 5 and 7, the Project substantially conforms to the zoning district and meets the intent for this type of project envisioned in this area.
The Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to reduced parking requirements. The requested deviations will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
3. The project is consistent with the Milpitas General Plan.
The proposed Project and associated use are consistent with the Milpitas General Plan, as demonstrated and outlined in Table 2.
4. The project is consistent with the Transit Area Specific Plan.
The proposed Project is consistent with the applicable policies and design guidelines of the TASP/MMSP, as demonstrated and outlined in Tables 3 and 5. As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to reduced 282
parking requirements. The requested deviations will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
Conditional Use Permit (Section XI-10-57.04(F))
To approve the Conditional Use Permit, the following findings must be made pursuant to Milpitas Municipal Code Section XI-10-57.04(F):
1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety and general welfare.
The Project will not be detrimental or injurious to property or improvements in the vicinity, nor to the health, safety or general welfare. The Project is consistent with other high density residential projects within the TASP. The condominium Project creates housing opportunities and increases the diversity of housing types in the TASP area
2. The project is consistent with the Milpitas Zoning Ordinance.
The Project is consistent with the Zoning Ordinance, as the condominium use is conditionally permitted per MMC Table XI-10-4.02-1. The Project substantially conforms to most of the development standards set forth by the Zoning Ordinance, as discussed in the Zoning Ordinance consistency discussion set out in support of issuing a Site Development Permit.
Moreover, the Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to reduced parking requirements. The requested deviations will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
3. The project is consistent with the Milpitas General Plan.
See General Plan consistency discussion set out above in support of issuing the Vesting Tentative Map.
4. The project is consistent with the Transit Area Specific Plan.
See Transit Area Specific Plan consistency set out above in support of issuing the Site Development Permit.
Density Bonus (Section XI-10.54.15(D), (F))
1. Determination of Maximum Allowable Densities. The maximum allowable base density specified in the General Plan, including any other permitted increases to density.
Based on 15% affordability, with 5 units (15%) reserved for moderate-income households, the proposed Project is eligible for a 5% density bonus. The maximum allowable density in the R3-TOD Zoning District is 40 du/ac, which would yield 42 units on the subject 1.22-acre parcel. The proposed 32-unit development is less than the allowable 5% density bonus. Under the State Density Bonus Law, the applicant is entitled to receive the 5% density bonus as a matter of right.
2. Unit Type and Location. All affordable units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-affordable units in the project, and shall be comparable with the non-affordable units in terms of appearance, materials and finished quality. The Planning Commission may recommend to the City Council and/or Housing Authority modifying the requirements as to unit size or type, if it is found that such a modification would better serve the affordable housing need of Milpitas.
This standard is satisfied, as the Project proposes five units to be reserved for moderate-income households. These five three-bedroom units will be dispersed throughout the two multi-family buildings. 283
3. Agreement. Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder's Office the City's Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements.
The agreement shall be approved by the Milpitas City Attorney prior to recordation.
The Project will be conditioned to execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property.
4. Retaining Affordability. A developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for thirty (30) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. If the City does not grant at least one (1) additional concession or incentive, in addition to a density bonus as specified in Section XI-10-54.15(E), Density Bonus Conditions, of this Chapter, the developer shall agree to, and the City shall ensure continued affordability for a minimum of ten (10) years of all lower or very low-income housing units receiving a density bonus.
The designated affordable units will be required to remain in place for a minimum of 50 years as stated in the Conditions of Approval and will require a Regulatory Agreement to be recorded over the Project site.
5. Affordable Rents. Those units targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income. Those units targeted for very low-income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income.
This finding does not apply to the Project. The Project provides five for-sale units, or fifteen percent of the 32 units, to moderate-income households.
6. Relation to State. Density bonus requirements not specified in these regulations shall be governed by the State Density Bonus Law, Government Code Section 65915, et seq.
Any density bonus requirements not specified in the City’s Municipal Code shall be governed by the State Density Bonus Law, Government Code Section 65915, et seq.
Waivers and Modifications of Development Standards
Pursuant to MMC Section XI-10.54.15(F)(6), the City must grant waivers of development standards if the applicant demonstrates the waiver is necessary to make the affordable housing units economically feasible and can only deny such waiver request if the City makes the findings specified in MMC Section XI-10.54.15(F)(3):
a. The concession is not required in order to provide for affordable housing costs as defined in State Health and Safety Section 50052.2 or for rents for the affordable units pursuant to Section XI-10-54.15(D)(5), Standards, of Chapter 10 (Zoning) of the Milpitas Municipal Code. b. The concession would have a specific adverse impact as defined in State Government Code Section 65589.5(d) (2) upon the public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
If findings cannot be made, the proposed waivers must be granted, based on the requirements of the City’s Municipal Code and California Government Code Sections 65915.
The proposed deviations for this project (one less guest parking space and tandem parking in all residential garages) would result in actual and identifiable cost savings, and these savings are necessary to provide the level of affordability proposed. Further, none of the deviations would result in any specific, adverse impacts to 284
public health, safety, the physical environment, or historical resources, so the City has no justification to deny the requested waivers.
Policy Alternatives:
Alternative 1: Deny the applicant’s request for a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, and Environmental Assessment.
Pros: Denial of the proposed Project would allow the site to be developed with a different project that meets the City’s minimum parking and open space standards without the need for deviations from development standards.
A higher density project with adequate parking would generate more impact fees to pay for needed infrastructure.
Cons: Denial of the proposed Project would deprive the City of a housing project and the opportunity to further support affordable housing needs within the region, including the City’s Regional Housing Needs Allocation (RHNA). Denial of the Project would also be contrary to the goals and objectives of the State Density Bonus Law and applicable sections of the Milpitas Municipal Code, as well as Senate Bill 330.
Reason not recommended: The City Council has expressed strong support for the development of inclusionary housing. The Project meets most of the City’s development regulations and complies with the affordability provisions of the State Density Bonus Law for the deviations requested by the applicant.
Fiscal Impact:
If approved, the applicant will pay the standard TADIF fee, which equals to $1,461,802.94 ($1,408,288 + 3.8% Permit Automation Fee). The applicant will be required to pay all building permit fees. The applicant will also pay the Public Art In-lieu fee set at one-half of one percent of building development costs.
California Environmental Quality Act:
This Project is located within the area evaluated as part of the Transit Area Specific Plan Environmental Impact Report (TASP-EIR) (SCH#2006032091) certified by the City Council on June 3, 2008. An earlier environmental assessment (EA19-0002) for a higher density version of the Project was conducted by LSA, on behalf of the City, in accordance with the California Environmental Quality Act (CEQA), as amended, and state and local guidelines implementing CEQA. The environmental assessment conducted by LSA concluded that none of the circumstances necessitating preparation of a subsequent or supplemental EIR are associated with the Project.
The environmental assessment conducted by LSA also concluded that an Addendum to the TASP EIR was the appropriate document to address these modifications rather than a subsequent or supplemental EIR. The Addendum fully addressed all potential impacts associated with this project, and no material changes have been made to the project that would alter the conclusions of the Addendum. The analysis contained in the Environmental Checklist confirmed that the modified project was within the scope of the TASP-EIR and would have no new or more severe significant effects and no new mitigation measures were required.
As a part of this Project application, the applicant submitted a peer reviewed memorandum, dated April 28, 2021, conducted by First Carbon Solutions. The memorandum confirms that the proposed Project is still within the scope of the TASP EIR and will have no new significant or more severe impacts beyond those identified in the 2019 Environmental Checklist and the TASP EIR.
The City conducted an environmental assessment (in the form of a memorandum, dated August 4, 2021) for the proposed Project. LSA prepared a peer review memorandum on behalf of the City. The memorandum found that the Consistency Analysis generally meets the requirements of CEQA and employs sound methods and analysis to develop its conclusions. The proposed Project is still within the scope of the TASP FEIR and the subsequently prepared Categorical Exemptions prepared for a previous version of the Project in 2019 and would not have any new significant or more severe environmental impacts beyond those that have been previously identified. Both memorandums acknowledging the entitlements and consistency with CEQA are attached as Attachments 2 and 3 to the Resolution.
As a separate and independent basis, the Project is exempt from further CEQA review pursuant to CEQA Guidelines Section 15183, which applies to projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. As a 285
separate and independent basis, the Project is also exempt from further CEQA review pursuant to CEQA Guidelines Section 15182, because the Project is a residential project that is consistent with the Transit Area Specific Plan. Lastly, the Project is also exempt from further environmental review pursuant to CEQA Guidelines Section 15168, as the Project is within the scope of the TASP program EIR. Moreover, the Project complies with the City’s existing zoning, specific plan, community plan, and general plan. Therefore, no further environmental review is required.
Recommendation:
1. Conduct a public hearing, receive public comment, and move to close the hearing;
2. Consider the consistency memorandums to the Addendum to the Transit Area Specific Plan Environmental Impact Report (TASP EIR) and the exemptions in accordance with CEQA; and
3. Adopt a Resolution approving Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21- 0005, Vesting Tentative Map No. MT21-0001, and Environmental Assessment No. EA21-0002 to allow the development of a 32-unit townhome condominium subdivision, comprised of two multi-family buildings up to 50 feet in height (three to four stories), with tandem garages accessed from a central drive aisle, and associated site improvements, subject to the findings and Conditions of Approval.
Attachments:
: 1. City Council Resolution
2. Addendum to the Transit Area Specific Plan Environmental Impact Report
3. Consistency Memorandums by First Carbon Solutions, TJKM, and LAS
4. Planning Commission Staff report (dated October 27, 2021)
5. Planning Commission Meeting Minutes for October 27, 2021
6. Project Plans
7. Applicant Response to CEQA Memorandums
8. Public Comment Correspondence
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1 Resolution No. ___
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD21-0004, CONDITIONAL USE PERMIT NO. UP21-0005, VESTING TENTATIVE MAP NO. MT21-0001, AND ENVIRONMENTAL ASSESSMENT NO. EA21-0002 TO ALLOW DEVELOPMENT OF A 32-UNIT TOWNHOME SUBDIVISION COMPRISED OF TWO MULTI-FAMILY BUILDINGS, UP TO 50 FEET IN HEIGHT (THREE TO FOUR STORIES), WITH TANDEM GARAGES ACCESSED FROM A CENTRAL DRIVE AISLE, AND ASSOCIATED SITE IMPROVEMENTS ON A 1.22- GROSS ACRE SITE LOCATED IN THE MULTI-FAMILY HIGH DENSITY RESIDENTIAL (R3) ZONING DISTRICT AT 2001 TAROB COURT AND MAKING FINDINGS OF CEQA EXEMPTION WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.) (collectively, “CEQA”), the City of Milpitas is the lead agency for the proposed project described below; and WHEREAS, on June 3, 2008, the City Council of the City of Milpitas certified an Environmental Impact Report (“EIR”) prepared to analyze the environmental impacts associated with the proposed Transit Area Specific Plan (the “TASP EIR,” State Clearinghouse No. 2006032091), and subsequently adopted the Transit Area Specific Plan (the “TASP”); and WHEREAS, the TASP EIR reviewed the potential environmental impacts associated with the implementation of the TASP, which envisioned the development of 7,109 dwelling units, 287,075 square feet of retail space, 993,843 square feet of office and industrial park space, and 350 hotel rooms; and WHEREAS, 2001 Tarob Court is located within the TASP planning area; specifically, within the Trade Zone/Montague subdistrict of the TASP; and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an EIR has been certified has been adopted, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code § 21166 and State CEQA Guidelines § 15162 require additional environmental review; and
WHEREAS, on March 24, 2021, The True Life Companies (the “Applicant”) submitted a preliminary application to the City of Milpitas, invoking California Senate Bill 330 (SB 330), for the approvals necessary to develop a 32-unit condominium residential project at 2001 Tarob Court; and WHEREAS, on April 30, 2021, the Applicant submitted a formal application for the project (the “Project”). The Project consists of and requires:
a. Site Development Permit (SD21-0004) to allow the development of two multi-family buildings, ranging from three to four stories in height, with up to 32 residential units on a 1.22-acre site; and b. Conditional Use Permit (UP21-0005) to allow the condominium use; and c. Vesting Tentative Map (MT21-0001) to establish 32 residential condominium spaces and related common areas and to record site easements; and
d. Environmental Assessment (EA21-0002) to review and verify an exemption from further environmental review under CEQA.
WHEREAS, the Planning Department completed Environmental Assessment No. EA21-0002 for the Project in accordance with CEQA and recommends that the City Council determine this Project is covered under the program of activities identified in the Transit Area Specific Plan EIR, SCH#2006032091, certified by the City Council on June 3, 2008, 287
2 Resolution No. ___
based on the CEQA findings included in this Resolution (the “Addendum” and “Memorandums,” true and correct copies of which are attached hereto and incorporated herein as Exhibits 2 and 3); and WHEREAS, per 14 C.C.R (CEQA Guidelines) Section 15164(b), the Addendum demonstrated and concluded that none of the circumstances necessitating preparation of a supplemental or subsequent EIR, as specified in CEQA Guidelines Sections 15162 or 15163, are present in that: (a) no substantial changes are proposed in the Project which will require major revisions of the TASP EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) no substantial changes have occurred with respect to the circumstances under which the Project is being undertaken which will require major revisions in the TASP EIR due to new or substantially more severe significant effects; and (c) no new information of substantial importance, as defined in CEQA Guidelines Section 15162, which was not known and could not have been known at the time the TASP EIR was certified has become available; and
WHEREAS, on August 20, 2019, the City Council approved the Addendum to the TASP EIR; and WHEREAS, the City Council hereby adopts the Memorandums and makes and accepts as its own the findings set forth in Exhibits 2 and 3 attached hereto; and
WHEREAS, as separate and independent bases, the City Council hereby finds and determines that the Project is exempt from further CEQA review pursuant to (1) CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning; (2) CEQA Guidelines Section 15182 (Projects Pursuant to a Specific Plan); and (3) CEQA Guidelines Section 15168 (Program EIR); and
WHEREAS, the Planning Commission is an advisory body to the City Council pursuant to Milpitas Municipal Code Section XI-10-64.03 (Consideration of Concurrent Applications), where, as here, due to the application for a vesting tentative map pursuant to Milpitas Municipal Code Section XI-1-20.01, the City Council is the highest review authority for the Project, and, accordingly, all review by other bodies with approval authority over the application shall be in the form of a recommendation to the City Council; and
WHEREAS, on October 27, 2021, the Planning Commission held a duly-noticed public hearing, during which meeting the Planning Commission considered the Environmental Assessment No. EA21-0002, as well as the requested Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21-0005, and Vesting Tentative Map No. MT21-0001 for 2001 Tarob Court, heard a presentation from staff, and had the opportunity hear from members of the public; and WHEREAS, by adoption of Resolution No. 21-022, the Planning Commission recommended the City Council approve Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21-0005, Vesting Tentative Map No.
MT21-0001, and Environmental Assessment No. EA21-0002 for 2001 Tarob Court; and WHEREAS, the documents and other materials which constitute the record of proceedings upon which the City Council bases the findings contained within this Resolution are available and may be reviewed at Milpitas City Hall, located at 455 E. Calaveras Boulevard, Milpitas, California 95035; and WHEREAS, on January 18, 2022, the City Council held a duly-noticed public hearing, during which meeting the City Council considered the Environmental Assessment No. EA21-0002, as well as the requested Site Development Permit No. SD21-0004 and Vesting Tentative Map No. MT21-0001 for 2001 Tarob Court, heard a presentation from staff, and had the opportunity hear from members of the public; and
WHEREAS, the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence before it as a whole; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
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SECTION 1. Recitals
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 incorporated herein by reference.
SECTION 2. California Environmental Quality Act Findings The proposed Project is covered under the scope of activities approved under the TASP EIR, SCH#2006032091, which was certified by the Milpitas City Council on June 3, 2008. The EIR included a program of activities including construction of up to 7,109 residential units within the TASP area. The proposed 32 residential units fall within this scope of development activity contemplated in the TASP EIR. An earlier environmental assessment for a higher density version of the Project was prepared by LSA Associates. The environmental assessment confirmed that the earlier version of the Project was within the scope of the TASP EIR. The analysis found that the earlier Project was consistent with the TASP EIR and confirmed that the earlier Project was within the scope of development density considered under the TASP EIR.
As part of this Project, a subsequent peer review memorandum (Exhibit 3 to the Resolution), prepared by First Carbon Solutions, confirmed that the Project is still within the scope of the TASP EIR and will have no new significant or more severe impacts beyond those identified in the 2019 Environmental Checklist and TASP EIR. LSA prepared a subsequent environmental assessment, in the form of a memorandum (Exhibit 3 to the Resolution), and found that the Consistency Analysis generally meets the requirements of CEQA. The Project is still within the scope of the TASP FEIR and the subsequently prepared Categorical Exemptions prepared for the previous version of the Project in 2019 and would not have any new significant or more severe environmental impacts beyond those that have been previously identified. Policies and/or mitigation measures required of projects covered under the TASP EIR are included as Conditions of Approval. Pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15168, 15182, and 15183, the Project is exempt from further review under CEQA.
SECTION 3. Vesting Tentative Map Findings (Section XI-1-20.01) The City Council makes the following findings based on the evidence in the administrative record in support of Vesting Tentative Map No. MT21-0001:
A. The tentative subdivision map is consistent with the General Plan.
The General Plan designation for the Project site is Milpitas Metro Specific Plan (MMSP), but since the City Council has not formally adopted the MMSP, the TASP development standards currently apply. The intent of both the MMSP and TASP standards is to facilitate development of higher intensity, mixed-use neighborhoods near the Milpitas Transit Center and to encourage walking, biking, and the use of alternative modes of transportation.
The TASP designates this project site as High Density, Transit Oriented Residential (HD-TOR). The intent of this designation is to provide high-density housing at a density range of 21-40 dwelling units/acre. As this Project proposes 25 dwelling units/acre, it is consistent with both the intended land use of the General Plan and the relevant density requirement. The Project site was not identified as a potential site for yielding affordable housing units in the City’s Housing Element, as the site was zoned for industrial uses prior to October 2017. Therefore, there is no net loss of affordable housing units.
Further, the tentative subdivision map is consistent with the Milpitas General Plan, as demonstrated and outlined in Table 1 below.
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Table 1: General Plan Consistency
Policy Conformance
Policy LU 1-4: Continue to provide for a variety
of housing types and densities that meet the needs
of individuals and families and offers residents of
all income levels, age groups and special needs
sufficient housing opportunities and choices for
locating in Milpitas.
Consistent. The Project provides an additional
housing type to meet the needs of various families
and residents of all income levels. The Project, as
proposed, consists of 32 townhome residential
units, ranging from two to three bedrooms. Five of
the residential units will be made affordable to
moderate-income households. The City would
prefer to see higher density development at this
location.
Policy LU 5-1: Require new development and
redevelopment to be compatible, complementary
and, where appropriate, well integrated with
existing residential areas. Integrate new largescale development projects into the fabric of the existing community rather than allowing projects
to be insular and self-contained, walled off, or
physically divided from surrounding uses.
Improve connectivity between neighborhoods and
services with new development. Tie circulation
systems and open spaces into existing streets and
open spaces. Reduce unnecessary barriers and
improve connections between neighborhoods and
services by retrofitting existing development over
time as area improvements or redevelopment
occurs.
Consistent. The Project, as proposed, is well
integrated with the existing residential
developments along Lundy Place and Tarob Court,
as the Project has a similar architectural style,
building height, multi-family product, and site
layout. Additionally, the Project will gain ingress
and egress from both Tarob Court and Lundy Place
via existing driveway curb cuts, and as a result, the
Project will blend seamlessly into the fabric of the
existing community. The project will also be
compatible and complementary to future highdensity residential development planned for other parcels on Tarob Court which are currently
developed with light industrial uses but are zoned
for redevelopment as similar high-density
residential uses.
Policy LU 5-3: Ensure new development is
consistent with specific height limits established
within the City’s Zoning Ordinance as applied
through the zoning district for all properties
within the City.
Consistent. The Project meets the height standards
by proposing two three to four-story buildings, up
to 50 feet in height, in a zoning district that allows
a maximum height of 75 feet.
B. None of the conditions identified in California Government Code Section 66474 exist, to wit:
1. That the proposed map is not consistent with applicable general and specific plans as specified in Government Code Section 65451.
As set forth in Section 3(A) above, the map proposes the development of the site into 32 residential condominium units at a density of 25 dwelling units/acre. The General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan land use designation applicable to the site (Milpitas Metro Specific Plan (MMSP), and High Density, Transit-Oriented Residential (HD-TOR)) permits residential development at densities of 21 to 40 dwelling units/acre. The map is therefore consistent with the General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan.
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
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The design and improvement of the subdivision is consistent with the density range of 21-40 dwelling units per acre as permitted by the General Plan and Milpitas Metro Specific Plan/Transit Area Specific Plan. The proposed density is 25 dwelling units per acre. The proposed project is also consistent with the Milpitas Metro Specific Plan/Transit Area Specific Plan development standards, including height (maximum of 50 feet proposed, where 75 feet is the maximum allowed), number of vehicular parking spaces (64 vehicular spaces proposed, where a maximum of 64 is allowed), bicycle parking (10 spaces proposed, where 3 are required), building orientation (proposed buildings will face streets, where requirement provides building must face streets).
3. That the site is not physically suitable for the type of development.
The site is surrounded by property designated for high density, transit-oriented residential development under the City’s General Plan and zoned for this type of development under the Milpitas Metro Specific Plan/Transit Area Specific Plan. In addition, this site is suitable for the higher density development based on the location, physical attributes, and proposed infrastructure improvements.
4. That the site is not physically suitable for the proposed density of development.
The City Council, through adoption of Resolution No. 8702, has determined that the site is physically suitable for development at the proposed density of 25 dwelling units per acre, insomuch as it has amended the applicable general plan land use designation to High Density, Transit Oriented Residential (HD-TOR), and subsequently Milpitas Metro Specific Plan (MMSP), which currently allows densities of 21-40 dwelling units per acre. The site is also flat and has direct access to adjacent streets (Tarob Court and Lundy Place) to accommodate the proposed density of the development.
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The Project, including the subdivision and its associated improvements, has been subjected to environmental review under CEQA through the preparation of an Environmental Assessment/Categorical Exemption/Peer Review Memorandums (Exhibits 2 and 3 to the Resolution). The Memorandums did not find that the Project would be likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Project is also located in an urbanized area and previously developed as an industrial building, and therefore, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
The Project, including the subdivision and its associated improvements, has been subjected to environmental review under CEQA through the preparation of an Environmental Assessment/Categorical Exemption/Peer Review Memorandums (Exhibits 2 and 3 to the Resolution). The Memorandums did not find that the design of the subdivision or type of improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Upon review of the subdivision map, it has been determined that the design of the subdivision or the type of improvements will not conflict with any easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The subdivision does not involve the vacation of easements; however, the existing right-of-way will be abandoned and portions of the area will be retained for a Public Services Utility Easement (PSUE).
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SECTION 4. Site Development Permit Findings (Section XI-10-57.03(F)(1)) The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD21-0004:
A. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.
The Project’s site design is consistent with the MMSP/TASP development standards for the Trade Zone/Montague Sub-district. The Project consists of 32 condominium units and associated site amenities on a 1.22-acre site. The building’s contemporary architectural design visually relates to and is compatible with the adjacent townhome projects along Tarob Court. The Project also features exterior horizontal blue and green-hued siding. The Project has a strong sense of identity, achieving compatibility and aesthetic harmony with surrounding developments.
B. The Project is consistent with the Milpitas Zoning Ordinance.
The Project site is zoned R3 (Multiple-Family, High Density Residential with a Transit Oriented Development (- TOD) Overlay). Residential uses are permitted in the zoning district. The proposed residential uses are permitted in the zoning district.
The Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to reduced parking requirements. The requested deviations will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard. As demonstrated in the Table 2, the Project substantially conforms to the zoning district and meets the intent for this type of project envisioned in this area.
Table 2:
Summary of TASP R3-TOD Development Standards
Standard
(R3-TOD) Requirement Proposed Compliance (Y/N)
Density 21-40 du/ac 25 du/ac Y
Setbacks
Front
(min/max)
Side
Rear
8 foot-15 foot (max.) from back of
sidewalk
15 foot (min.), 20 foot over three
stories when abutting residential
15 foot (min.), 20 foot over three
stories when abutting residential
15 feet
26 – 47 feet
20-28 feet
Y
Height Up to 75 feet 49-feet-11-inches Y
Private Open
Space
An average of 200 SF of usable open
space shall be provided for each
dwelling unit. Balconies, porches, or
roof decks may be considered usable
Private recreational area: 0.14 acres Y
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open space when properly developed
for work, play or outdoor living areas.
At least thirty (30) percent of required
open space shall be contiguous to and
provide for private usable open space of
the individual dwelling unit.
200 x 32 = 6,400 SF = 0.15 acres
Each dwelling unit shall be provided
with private open space as follows:
- Balconies and porches (above
ground level): minimum 60
SF; or
Patios (at ground level): minimum one
hundred square feet.
Private open space (balconies) = 1784
SF/building = 1784 x 2 = 3,568 SF =
0.08 acres
Total private open space = 0.22 acres =
299.5 SF/unit
Private balconies provided for every
unit
Y
Landscaping
A minimum of twenty-five percent
(25%) of the total lot area shall be
landscaped or recreational open space,
exclusive of parking and vehicular
traffic area.
25% x 1.22 = 0.31 acres
0.46 acres (37.7%) Y
Projections
into Required
Yards
Porches, stairs, balconies, bay
windows, and awning may project up to
six feet into required setbacks.
None Y
Building
Orientation
and
Entrances
Building must face the street; and
primary building entrances must be
oriented toward the street.
Buildings face Tarob Court, which is the
project’s primary street frontage.
Y
Vehicle
Parking
Two to Three Bedrooms: 1.6 covered
(min), two (2) covered (max)
Guest: 20% of the total spaces required
= 10
64 tandem spaces in 32 garages (2 per
unit)
9 guest spaces
This is permitted under
Gov. Code, §
65915(p)(1) under State
Density Bonus Law
Bicycle
Parking
One space per four housing units,
exempting those with private garages;
on-street guest racks equivalent to five
percent (5%) of parking requirement.
10 public spaces provided plus project
has 32 private garages
Y
Parking
Structure and
Parking Lot
Location
Parking must be located so that it is not
visible from the street.
32 private garage entrances face interior
drive aisle
Y
Parking
Access and
Curb Cuts
Maximum two curb cuts per lot per
street frontage
One curb cut along each street frontage Y
Tandem
Parking
May be allowed with a Conditional Use
Permit pursuant to MMC Section 53,
Off-Street Parking Regulations of
All residential unit parking is tandem
(64 spaces).
This is permitted under
Gov. Code, §
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City’s Zoning Ordinance; maximum of
fifty percent (50%) of parking required
for residential uses may be tandem
parking in projects with private
individual garages.
65915(p)(5) under State
Density Bonus Law
Park Acreage
Requirements
0.03 acres (after payment of
TASP/MMSP fee)
0.12 acres proposed, which includes
private recreation areas along the
southern end of the site
Y
C. The Project is consistent with the Milpitas General Plan.
The Project is consistent with the Milpitas General Plan in that the project, as proposed and conditioned, conforms to the density and land use envisioned by the Plan. In addition, see the general plan consistency findings set forth in Section 3 above in support of issuance of the Vesting Tentative Map. .
D. The Project is consistent with the Transit Area Specific Plan.
The proposed Project is consistent with the applicable policies and design guidelines of the TASP/MMSP, as demonstrated and outlined in Tables 2 and 3. As the Project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to reduced parking requirements. The requested deviations will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
Table 3: TASP/MMSP Consistency
Policy Conformance
Policy 3.4: Provide a variety of housing types for
different types of households, different income levels, different age groups, and different lifestyles.
Consistent. The proposed project will provide various
housing types, including two and three-bedroom units
for sale at market-rate and five of the 32 units will be for sale to moderate-income individuals or
households, consistent with the City’s goal of
providing housing for various households and income
levels. The City would prefer to see higher density
development at this location.
Policy 3.17: New streets shall be located as generally
shown on the Street System Map, Figure 3-2 within the
TASP
Consistent. A portion of the project’s TASP fees will
contribute to the new Tarob Court configuration,
designed to replace the cul-de-sac with a local street
and connection to Sango Court.
Policy 3.2: Affordable housing units should be
provided with new housing developments. Determine
affordable unit requirements on a project-by project
basis, considering the size of the project, the location of the site, and the mix of affordable units in the
Midtown Area. Allow housing developments of 12 units
or less to pay a fee in lieu of providing affordable units.
Consistent. The project conforms to the City’s
Affordable Housing Ordinance and will designate five
out of the 32 units, or fifteen percent (15%) of the
base number of units, for moderate-income level
individuals or households.
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Policy Conformance
Policy 3.3: Affordable housing should be integrated
into all residential projects.
Consistent. The project will designate five residential units for sale to moderate-income individuals or
households and the units will be dispersed throughout
the project site.
SECTION 5. Conditional Use Permit Findings (Section XI-10-57.04(F)) The City Council makes the following findings based on the evidence in the public record in support of Conditional Use Permit No. UP21-0005:
A. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety and general welfare.
The Project will not be detrimental or injurious to property or improvements in the vicinity, nor to the health, safety or general welfare. The project is consistent with other high density residential projects within the TASP. The condominium project creates housing opportunities and increases the diversity of housing types in the TASP area.
B. The Project is consistent with the Milpitas Zoning Ordinance.
The Project is consistent with the Zoning Ordinance, as the condominium use is conditionally permitted per MMC Table XI-10-4.02-1. The project substantially conforms to most of the development standards set forth by the Zoning Ordinance, as discussed in the Zoning Ordinance consistency discussion set out in support of issuing a Site Development Permit.
Moreover, the Project also conforms to MMC Section XI-10-54.015 (Density Bonus for Affordable Housing Developments) and XI-10-57.05 (Density Bonus Permits). As the project is an eligible housing project under the State Density Bonus Law, Government Code Section 65915(p)(5), the Project is entitled to reduced parking requirements. The requested deviations will support the development of affordable housing units on a site where it would not otherwise be possible through a strict application of the specified standard.
C. The Project is consistent with the Milpitas General Plan.
As stated in the Site Development Permit discussion above, the Project implements the range of uses and the density of development set forth in the Milpitas General Plan.
D. The Project is consistent with the Transit Area Specific Plan.
As stated in the Site Development Permit discussion above, the Project implements the range of uses, the density of development and the development standards as set forth in the TASP.
SECTION 6: Density Bonus (Section XI-10-54.15(D), (F))
The City Council hereby finds that the Project complies with the requirements necessary to qualify for the requested deviations under the State Density Bonus Law and Milpitas Municipal Code Section XI-10-54.15, and, as such, the City Council hereby makes the following findings based on the evidence in the public record:
1. Determination of Maximum Allowable Densities. The maximum allowable base density specified in the General Plan, including any other permitted increases to density.
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Based on 15% affordability, with 5 units (15%) reserved for moderate-income households, the proposed Project is eligible for a 5% density bonus. The maximum allowable density in the R3-TOD Zoning District is 40 du/ac, which would yield 42 units on the subject 1.22-acre parcel. The proposed 32-unit development is less than the allowable 5% density bonus.
Under the State Density Bonus Law, the applicant is entitled to receive the 5% density bonus as a matter of right.
2. Unit Type and Location. All affordable units shall be reasonably dispersed throughout the project, shall contain on average the same number of bedrooms as the non-affordable units in the project, and shall be comparable with the nonaffordable units in terms of appearance, materials and finished quality. The Planning Commission may recommend to the City Council and/or Housing Authority modifying the requirements as to unit size or type, if it is found that such a modification would better serve the affordable housing need of Milpitas.
This standard is satisfied, as the Project proposes five units to be reserved for moderate-income households. These five three-bedroom units will be dispersed throughout the two multi-family buildings.
3. Agreement. Prior to final building inspection and occupancy for a project containing affordable units, the applicant shall execute and record at the Santa Clara County Recorder's Office the City's Agreement Imposing Restrictions on Real Property, which Agreement shall explain the affordability requirements. The agreement shall be approved by the Milpitas City Attorney prior to recordation.
The Project will be conditioned to execute and record at the Santa Clara County Recorder’s Office the City’s Agreement Imposing Restrictions on Real Property.
4. Retaining Affordability. A developer shall agree to, and the City shall insure continued affordability of, all lower- or very low-income density bonus units for thirty (30) years or a longer period of time, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. If the City does not grant at least one (1) additional concession or incentive, in addition to a density bonus as specified in Section XI-10-54.15(E), Density Bonus Conditions, of this Chapter, the developer shall agree to, and the City shall ensure continued affordability for a minimum of ten (10) years of all lower or very low-income housing units receiving a density bonus.
The designated affordable units will be required to remain for a minimum of 50 years as stated in the Conditions of Approval and will require a Regulatory Agreement to be recorded over the Project site.
5. Affordable Rents. Those units targeted for lower-income households, as defined in Section 50079.5 of the Health and Safety Code shall be affordable at a rent that does not exceed thirty (30%) of sixty (60%) percent of the Santa Clara County median income. Those units targeted for very low-income households, as defined in Section 50105 of the Health and Safety Code, shall be affordable at a rent that does not exceed thirty (30%) of fifty (50%) percent of County median income.
This finding does not apply to the Project. The Project provides five for-sale units, or fifteen percent of the 32 units, to moderate-income households.
6. Relation to State. Density bonus requirements not specified in these regulations shall be governed by the State Density Bonus Law, Government Code Section 65915, et seq.
Any density bonus requirements not specified in the City’s Municipal Code shall be governed by the State Density Bonus Law, Government Code Section 65915, et seq.
Waivers and Modifications of Development Standards
In accordance with Government Code Section 65915 and MMC Section XI-10.54.15(F)(6), the City must grant waivers of development standards if the applicant demonstrates the waiver is necessary to make the affordable housing units economically feasible and can only deny such waiver request if the City makes the findings specified in MMC Section XI10.54.15(F)(3) based on substantial evidence:
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a. The concession is not required in order to provide for affordable housing costs as defined in State Health and Safety Section 50052.2 or for rents for the affordable units pursuant to Section XI-10- 54.15(D)(5), Standards, of Chapter 10 (Zoning) of the Milpitas Municipal Code.
b. The concession would have a specific adverse impact as defined in State Government Code Section 65589.5(d) (2) upon the public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
If findings cannot be made, the requested waivers must be granted, based on the requirements of the Municipal Code and California Government Code Section 65915.
The City does not have substantial evidence to demonstrate that the proposed modifications to the development standards as described in the Table 2 above would fail to result in actual and identifiable cost savings, and/or that these savings are unnecessary to provide the level of affordability proposed. Moreover, the City has no substantial evidence that any of the requested concessions or waivers would result in any specific, adverse impacts to public health, safety, the physical environment, or historical resources. Accordingly, the City Council hereby approves such requested waivers.
SECTION 7. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.
SECTION 8. City Council Approval
The City Council hereby approves Site Development Permit No. SD21-0004, Conditional Use Permit No. UP21- 0005, Vesting Tentative Map No. MT21-0001, and Environmental Assessment No. EA21-0002, based on the above findings and subject to the Conditions of Approval attached hereto and incorporated herein as Exhibit 1.
PASSED AND ADOPTED this 18th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
___________________________
Wendy Wood, City Clerk
APPROVED:
Rich Tran, Mayor
APPROVED AS TO FORM:
Christopher J. Diaz, City Attorney
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EXHIBIT ‘1’
CONDITIONS OF APPROVAL
2001 TAROB COURT RESIDENTIAL DEVELOPMENT
SITE DEVELOPMENT PERMIT NO. SD21-0004
CONDITIONAL USE PERMIT NO. UP21-0005
VESTING TENTATIVE MAP NO. MT21-0001
ENVIRONMENTAL ASSESSMENT NO. EA21-0002
GENERAL CONDITIONS
1. General Compliance: The Permittee and owner, including all successors in interest (collectively "Permittee") shall comply with each and every condition set forth in this Permit. This SITE DEVELOPMENT PERMIT SD21-0004, CONDITIONAL USE PERMIT UP21-0005, VESTING TENTATIVE MAP MT21-0001, and ENVIRONMENTAL ASSESSMENT EA21-0002 and associated permits noted above (collectively "Permit") shall have no force or effect and no building permit shall be issued unless and until all things required by the belowenumerated precedent conditions have been performed or caused to be performed.
2. Effective Date: Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the City Council approved this Permit.
3. Acceptance of Permit: Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.
4. Modifications to project. Any deviation from the approved site plan, floor plans, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, the Permittee shall be required to apply for review and obtain approval of the Planning Commission, in accordance with the Zoning Ordinance. (P)
5. Conditions of Approval. As part of the issuance of building permits, the Permittee shall include within the first four pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the Project. (P)
6. Written Response to Conditions. The Permittee shall provide a written response to the Conditions of Approval indicating how each condition has been addressed with the building permit application submittal. (ALL)
7. Permit Expiration: Pursuant to Section XI-10-64-06 of the Milpitas Municipal Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-
64.06(B) of the Milpitas Municipal Code, an activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or 298
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c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner. (ALL)
8. Time Extension: Pursuant to Section XI-10-64.07 of the Milpitas Municipal Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)
9. Project Job Account: If at the time of application for building permit there is a project job account balance due to the City for recovery of review fees or consultant time, including City Attorney time, the review of permits will not be initiated until the balance is paid in full. (P/E).
10. Notice: Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the Permittee may file a protest has begun under California Government Code Section 66020(d)(1). (ALL)
11. Cost and Approval: Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. (ALL)
12. Conditions: Each and every condition set forth in this Exhibit shall apply to the Project and continue to apply to the Project so long as the Project is operating under the permits and approvals in this Resolution. (ALL)
13. Compliance with Laws: The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state and federal laws, rules, regulations, guidelines, requirements and policies. (CAO/P/E/B)
14. Indemnification: The project applicant, and its heirs, successors, and assigns, shall indemnify, defend with counsel of the City’s reasonable choosing, and hold harmless City and its City Council, its boards and commissions, officials, officers, employees, and agents (the “Indemnified Parties”) from and against any third party claim, action, or proceeding against City and/or the Indemnified Parties to attack, review, set aside, void, or annul the City’s approval of the Project, including adoption of Site Development Permit No. SD21-0004 and Vesting Tentative Map MT21-0001, and including any environmental determination made therefore. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, reasonable attorneys' fees, and other reasonable expenses incurred in connection with such claim, action, causes of action, suit or proceeding. The applicant shall pay to the City upon demand or, as applicable, on a monthly basis to counsel of City’s reasonable choosing, amounts owed pursuant to the indemnification requirements prescribed in this condition, provided each such demand or monthly payment request includes reasonably detailed back-up documentation, including invoices and/or receipts, as applicable, for all amounts to be paid. Notwithstanding the foregoing, City shall have the right to redact invoices and/or receipts as necessary to preserve attorney-client privilege. City shall promptly notify the project applicant of any claim, action, or proceeding and shall engage in reasonable efforts to cooperate in the defense. If City fails to so promptly notify the project applicant, or if City fails to engage in reasonable efforts to cooperate in the defense, then the project applicant’s indemnification obligations as set forth in this condition of approval shall thereafter terminate. The project applicant shall not be required to pay or perform any settlement unless the settlement is approved by the project applicant. (CA)