A. Overview of Fiscal Analysis The fiscal analysis compares the potential impact of future development under the proposed land use changes in the HOD on the City’s fiscal revenues and expenditures. As further described below, the fiscal analysis evaluates the projected fiscal impacts of alternative development scenarios for a typical existing site in the NCMU zone and provides insights into how different land use policies could affect the City’s fiscal situation. The General Fund is the City’s primary fiscal fund where municipal revenues are deposited and where costs for key public services are reflected. The General Fund provides all or a significant proportion of funding for public services such as police, fire, public works, and economic development, among others. The fiscal analysis utilizes the City’s most recently adopted General Fund budget for Fiscal Year 2022/23 (FY 2022/23) as the basis for the City’s fiscal revenues and costs. In FY 2022/23, the City’s balanced budget for the General Fund is approximately $117 million. The primary sources of revenues to the General Fund are property taxes and sales taxes as shown in the pie chart below. Figure 2 Distribution of FY 2022/23 General Fund Revenues City of Milpitas The fiscal analysis also relies on the fiscal data and findings presented in a recent study, Milpitas Fiscal Benefits of Employment Lands Study, performed for the City’s Office of Economic Development Department by Economic & Planning Systems (EPS). The EPS fiscal study was performed to evaluate various policies and help guide the implementation of the City’s Innovation District, which is located within the Milpitas Metro Specific Plan (MMSP).
Property tax, $42.6
Sales Tax, $33.8
TOT, $8.3
Other Taxes, $1.1
Franchise Fees, $5.4
License, Permits, and Fines, $11.5
Other Revenues, $14.7
Note: Other Revenues include charges for services and services provided to other funds. 323
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B. Sales Tax Revenues from Housing Opportunity Districts Existing commercial properties within the Housing Opportunity Districts contain retail development that generates sales tax to the City. According to the City’s FY 2022/23 Budget, the General Fund received about $34 million in revenues from sales tax, which consists of a one percent (1%) tax that is annually allocated to cities by the State of California and an additional local sales tax measure of 0.25%, Measure F which was authorized by local voters and will sunset in 2028. Based on an analysis of confidential sales tax data provided by the City’s Finance Department and HdL Companies for 2022, the Town Center zone within the Housing Opportunity Districts generated about 3% of the City’s sales tax revenues, but this zone is not likely to have properties that will transition to housing in the future. The NCMU zones generated about 6% of the City’s sales tax revenues. Only a small number of underutilized and vacant properties within the NCMU zones are likely to be redeveloped as housing or mixed use development. Figure 3 Proportion of Citywide Sales Tax Generated by Housing Opportunity Districts in 2022 City of Milpitas
3%6%
91%
Town Center Zone(Unlikely to Transition toHousing in Near Term)NCMU Zones Remainder of the City
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C. Typical HOD Development Opportunity The fiscal analysis is performed for a representative development opportunity that might occur in the Housing Opportunity Districts in the near term. The potential fiscal impact is analyzed by evaluating alternative development scenarios for a typical property in the NCMU zone because several properties within this area are currently underutilized and have vacant commercial space. The fiscal analysis evaluates what could occur if a typical property were to be redeveloped to include housing. Based on an analysis of acreage, land use, building, and assessed value data for parcels within the NCMU zone that was performed in collaboration with Raimi + Associates, the typical parcel size for an underutilized property is about 2.5 acres or 110,000 square feet of land. The fiscal analysis projects and compares the potential changes in City revenues and costs from this typical site as it is currently developed (Existing Development) with what might occur under three alternative redevelopment scenarios based on the proposed zoning changes: • Scenario NCMU 1 -Residential and Minimum 0.25 Commercial FAR o Redevelopment of larger neighborhood commercial centers would provide a minimum of 0.25 FAR of new or rehabilitated neighborhood-serving retail and commercial services. o Future mixed use development would consist of 195 residential units and 27,500 square feet of retail space. • Scenario NCMU 2 - Residential and Minimum 0.1 Commercial FAR o Parcels fronting major streets would provide a minimum 0.10 FAR of neighborhood-serving retail and commercial services. o Future mixed use development would consist of 195 residential units and 11,000 square feet of retail space. • Scenario NCMU 3 -Residential and No Minimum Commercial FAR o Some areas of the NCMU zone would allow residential development that does not include any commercial space within the building. o Future development would consist of 195 residential units and no retail space. As noted earlier, properties in the TC zone were not analyzed because they are not likely to transition in the near term given the large amount of occupied commercial, retail space. 325
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D. Service Population for Typical HOD Development Opportunity The City delivers services to residents and employees who work at local businesses, which is referred to as the service population. Existing and future residents may require City services and are also key contributors to the City’s fiscal revenues and local economy, as they spend money in local businesses. According to the California Department of Finance, the City of Milpitas is currently estimated to have a citywide population of about 81,000 residents. Local businesses are estimated to provide about 43,000 jobs within the City based on US Census OnTheMap data. The service population is estimated based on the sum of 100% of residents, as residents may need services throughout the entire year, plus 40.9% percent of employees, reflecting the fact that employees only work part of the time in the City and some employees live and work in the City. (The 40.9% adjustment is based on an analysis presented in the Milpitas Fiscal Benefits of Employment Lands Study.) Based on this calculation, the City’s current service population is about 98,600. Consistent with the analysis in the Milpitas Fiscal Benefits of Employment Lands Study, fiscal revenues for several of the City’s budget items and its fiscal costs are calculated by dividing the respective budget revenue or cost line item by the service population to estimate future revenues or costs per person served. Table 1 presents the existing service population for the typical NCMU site of 2.5 acres and future service population under the three scenarios and calculates the growth in service population. This analysis conservatively assumes that both existing and new development would have the same intensity of retail employees, 350 square feet per employee based on data from the MMSP. Table 1 Existing and Future Service Population Fiscal Analysis of Typical HOD Development Opportunity
Assumption
Existing
Development NCMU 1NCMU 2NCMU 3
Proposed New Development
Residential
Total (units) SeeTable 1 N/A 195 195 195
Occupied (units) 5.0%Vacancy Rate N/A 185 185 185
Retail (GSF) SeeTable 1 33,00027,50011,000 0
Estimated Populationa
Residents 2.7residents per unit N/A 500 500 500
Retail Employees 350SF/employee 94 79 31 0
Estimated Service Populationequals total resident population and38 532 513 500
40.9%of employee population
Growth in Service Populationb equals difference between existingN/A 494 475 462 and new development
Existing Citywide Service Populationb (Resident + 40.9% of Employee 98,639 Percent Growth from Development Population) 0.50%0.48%0.47% a. Resident population is based on the General Fund fiscal impact analysis in the Milpitas Fiscal Benefits of Employment Lands Study.
Retail employment factor per square foot is from the Metro Specific Plan Supplemental EIR. b. Growth in service population represents the increase from the existing retail development onsite. Existing citywide service population is based on recent estimates for population and employment from the California Department of Finance and US Census Bureau.
Source: City of Milpitas, California Department of Finance (DOF), US Census Bureau On the Map, Economic and Planning Systems (EPS). 326
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D. Fiscal Impact for Typical HOD Development Opportunity The fiscal analysis compares the potential change in General Fund revenues and costs from future development under the proposed land use changes in the HOD. 1. Fiscal Revenues As described earlier, property taxes and sales taxes generate the largest share of revenues to the City of Milpitas, but the City also receives revenues from licenses, permits, fines, franchise taxes, as well as other taxes and revenues. The fiscal analysis projects revenues from all major revenue sources to the City. a. Property Taxes Based on an analysis of Santa Clara County assessor data, the average assessed value for properties in the NCMU zone is about $228 per square foot of building area. Thus, a typical NCMU site with about 33,000 square feet of existing development would have an existing assessed value of about $7.5 million. Property taxes are calculated based on assessed value multiplied by the 1% basic property tax rate according to Proposition 13, and the City’s average property tax share is 16.2% of the basic 1%.1 Thus, existing development is estimated to currently generate about $12,000 per year in property taxes. New residential development of 195 dwelling units would significantly increase the assessed value of a typical property, which would increase potential property tax revenues to the City. Although retail development on the site would decrease under each of the alternative development scenarios, the net increase in assessed value is projected to increase annual property tax revenues to the City by about $200,000 to $220,000 per year, as shown in Table 2 at the end of this memorandum. b. Sales Tax As new mixed use development occurs and attracts new retail tenants, retail sales per square foot will likely increase from these new retailers. In addition, new residents will frequent local businesses and buy taxable products in Milpitas that will generate “point of sale” tax revenues, and they will also purchase products online that will increase the City’s share of the countywide pool of sales and use taxes.2 Sales taxes revenues generated by on-site retail establishments are anticipated to decrease as the amount of commercial development is reduced on the typical NCMU site. As shown below in Table 2, the fiscal analysis projects an overall decline in sales tax revenues under the two alternative redevelopment scenarios (NCMU 2 and NCMU 3) that would significantly reduce the amount of onsite retail. c. Other Tax and Revenue Sources The City’s General Fund would also receive other revenues from new development. The fiscal analysis divides the citywide FY 2022/23 General Fund revenues for each of the other tax and revenue sources by the citywide service population to estimate the General Fund revenue per person served. (See Table 1 for the estimate of current citywide service population.) 1 The distribution of the basic one percent of property taxes to the City and other taxing entities is based on the property tax distribution for the Tax Rate Area (TRA) where the property is located. This fiscal analysis uses the Citywide share of 16.2% as indicated in the Milpitas Fiscal Benefits of Employment Lands Study. The General Fund would also receive additional revenues from the growth in property taxes in lieu of vehicle license fee (PTIVLF) revenues, which would be based on the growth in assessed valuation from new development. This analysis conservatively omits this potential revenue growth. 2 Under current California State Board of Equalization (BOE) regulations, a substantial portion of local use tax collections are allocated through a countywide pool to the local jurisdictions in the county where the property is put to its first functional use. The state and county pools now constitute over 15% of local sales and use tax revenues. 327
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This revenue factor is then multiplied by the service population associated with each development scenario. The projected growth in these revenues is based on the change in service population associated with each development scenario, as these revenues are anticipated to increase as development occurs. Total fiscal revenues generated from new development is then calculated based on adding the incremental growth in fiscal revenues to what is currently generated from the property. 2. Fiscal Costs The City’s General Fund would need to serve future residents and employees. As indicated in the Milpitas Fiscal Benefits of Employment Lands Study, the City’s average General Fund service cost is about $650 per person served. The fiscal analysis multiplies this cost factor by the service population associated with each development scenario. The projected growth in General Fund costs is based on the change in service population associated with each development scenario. Total fiscal costs from new development is then calculated by adding the incremental growth in fiscal costs to what it currently costs the General Fund to provide services to existing development on the property. 3. Fiscal Impact Projected total General Fund revenues from new development is anticipated to exceed the total fiscal costs of providing services to future residents and employees for each of the development scenarios. This analysis indicates that new infill mixed use and residential development is likely to have a positive fiscal impact on the City of Milpitas. Table 2 Comparison of Total Fiscal Revenues and Costs from Typical HOD Development Opportunity In FY 2022/23 Constant Dollars
Existing Total Impact From New Development
Development NCMU 1 NCMU 2 NCMU 3
General Fund Revenuea
Property Tax $12,000$233,000$219,000$210,000
Sales and Use Taxes $44,000 $74,000 $43,000 $22,000
License, Permits, and Finesb $4,000 $62,000 $59,000 $58,000 Franchise Taxb $2,000 $29,000 $28,000 $28,000
Other Taxesb $0 $5,000 $5,000 $5,000
Other Revenuesb $3,000 $39,000 $38,000 $37,000
Other Taxes $65,000$442,000$392,000$360,000
General Fund Costc $25,000$346,000$334,000$325,000
Net Fiscal Impact $40,000 $96,000 $58,000 $35,000
Net Fiscal Impact as Percent of City Budget0.034% 0.082% 0.049% 0.030% Note: Dollar figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding. a. The supporting fiscal analysis was prepared in collaboration with City of Milpitas staff and Raimi + Associates. b. The total revenue to the General Fund is $117,476,970 per the City's FY 2022/23 Adopted Budget. Consistent with typical fiscal analysis and based on a review of the City's budget, these revenues are projected to increase based on the growth in service population from new development. "Other Taxes" consist of Real Estate Transfer Tax, Business License Tax, and Motor Vehicle In-Lieu. "Other Revenues" consist of "Operating Transfers In" to the General Fund from various funds, such as the Sewer Fund. c. The General Fund cost estimate is based on the fiscal cost analysis in the Milpitas Fiscal Benefits of Employment Lands Study.
Source: City of Milpitas, Santa Clara County, HdL Companies, EPS, Seifel Consulting. 328
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider the Authorization of the Final Application for the $301,516.00 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and associated Land Protection for Delano Manongs Park (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 10/17/2023
Recommendation: Authorize the Final Application for the $301,516.00 Land and Water Conservation Fund (LWCF) Grant from the State Department of Parks and Recreation and associated Land Protection for Delano Manongs Park which places the entire Delano Manongs Park in the LWCF boundary map of protected open space, in perpetuity.
BACKGROUND:
The California Department of Parks and Recreation Office of Grants and Local Services (OGAL) strives to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service. The Land and Water Conservation Fund (LWCF) was established by Congress in 1964 to fulfill a bipartisan commitment to safeguard natural areas, water resources and cultural heritage, and to provide recreation opportunities to all Americans. The fund helps strengthen communities, preserve history and protect the national endowment of lands and waters. On August 4, 2020, the Great American Outdoors Act (GAOA) was signed into law, authorizing $900 million annually in permanent funding for LWCF.
LWCF grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians.
Staff submitted the grant application and have been working with LWCF grant staff on follow-up questions and information as is normal to the process. The Milpitas grant application is near finalized and LWCF grant staff have asked the City of Milpitas to confirm their acceptance of the grant rules regarding LWCF open space preservation. The LWCF grant application states that the grant project area and surrounding park acreage must be placed under LWCF protection in perpetuity, therefore no other uses, aside from parks and open space would be allowed at the project site.
On June 6, 2023, the Milpitas City Council approved adopting a resolution approving the submittal of an application for Land and Water Conservation Grant Funds from the State Department of Parks and Recreation.
ANALYSIS:
Per the OGAL LWCF (Program), eligible projects must be direct project costs for recreational purposes, either park acquisition or development, and can only have only have one location. Grantees must use the grant funds for the development of outdoor recreation features, supplementing planned project expenditures. The Program has a match requirement of a minimum of 50% of the total project cost. Projects serving disadvantaged communities including persons with disabilities are weighted more favorably in the grant approval process.
Considering the Program project eligibility and matching requirement, staff applied for a grant project that would complete the Delano Manongs Park Dog Park, a 7,200 square foot section in the 4-acre park. Staff submitted an initial grant application on May 31st, prior to the June 1st deadline. Completion of the Delano Manongs Park Dog Park will allow for the completion of all recreation features at the park. 329
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Per the OGAL LWCF Program, if awarded the grant, Delano Manongs Park would be placed in the LWCF boundary map of protected open space, in perpetuity.
Existing Delano Manongs Park Restrictions
Santa Clara County All Inclusive Playground Grant
The Delano Manongs Park project is the recipient of a Santa Clara County All-Inclusive Playground Grant (AIPG) for approximately $780,000, helping to build all the playground areas and most bench seating areas in the park. The 2018 agreement between the County and City for the AIPG, required that the City commit to the use of the property for the all-inclusive playgrounds for 20 years.
Milpitas Measure K Parkland Rezoning Voter Approval Requirement In 2016, Measure K was passed by Milpitas residents. This Measure prohibits the rezoning of parkland in Milpitas in two ways:
1) any construction of any residential, commercial or industrial buildings or structures on any land designated on the General Plan Land Use Map as "Parks and Open Space (POS)" unless the proposed construction is first approved by a two-thirds vote of the voters of Milpitas at a general or special municipal election; and
2) Prohibit any land designated on the General Plan Land Use Map as "Parks and Open Space" from being redesignated for any other land use unless the proposed redesignation of that land is first approved by a two- thirds vote of the voters of Milpitas at a general or special municipal election.
Delano Manongs Park is designated in the General Plan Land Use Map as parks and open space.
Due to existing parks and open space restrictions, staff is recommending City Council authorize the Final Application for the $301,516.00 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and associated Land Protection for Delano Manongs Park.
POLICY ALTERNATIVE(S):
Alternative 1: Do not Authorize the Final Application for the $301,516.00 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and associated Land Protection for Delano Manongs Park
Pros: Delano Manongs Park will not be under restriction of the State of California Land Water Conservation Department.
Cons: The City will not receive #301,516.00 for the completion of the Delano Manongs dog par.
Reason for Not Recommending: There is no plan to use Delano Manongs Park for any purpose other than parkland at any time in the future.
FISCAL IMPACT:
There is no fiscal impact with the adoption of the authorization of the submitting the grant application. Should the grant be awarded to the City, staff will bring back to the City council a report to request acceptance of the grant and the necessary budget appropriation. Sufficient funding for this project is included as part of Project 5102 in the Adopted Capital Improvement Program.
California Environmental Quality Act (CEQA):
The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.
RECOMMENDATION: 330
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Authorize the Final Application for the $301,516.00 Land and Water Conservation Fund (LWCF) Grant from the State Department of Parks and Recreation and associated Land Protection for Delano Manongs Park which places the entire Delano Manongs Park in the LWCF boundary map of protected open space, in perpetuity.
Attachment(s):
None
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Introduce Ordinance 196.12, an Ordinance of the City Council of the City of Milpitas Amending Section 4.05 of Chapter 9 (“Parks”) of Title V (“Public Health, Safety, and Welfare”) of the Milpitas Municipal Code and Introduce Ordinance 196.13 an Ordinance of the City Council of the City of Milpitas Adding Section 2.13 to Chapter 9 (“Parks”) of Title V (“Public Health, Safety, And Welfare”) of the Milpitas Municipal Code and Amending Section 4.00 of Chapter 9 (“Parks”) of Title V (“Public Health, Safety, And Welfare”) of the Milpitas Municipal Code (Staff Contact: Michael Mutalipassi, City Attorney, 408- 858-3040)
Category: Leadership and Support Services
Meeting Date: 10/17/2023
Recommendation: (a) Following the City Attorney’s reading aloud the titles, move to waive the reading beyond the title and introduce Ordinance 196.12.
(b) Decline to introduce Ordinance 196.13.
BACKGROUND:
Peter T. Gill Memorial Park is an 8.16-acre park located at Paseo Refugio Road and Santa Rita Drive. It includes a lighted ball diamond, 3 tennis courts 2 handball courts (with one used primarily for pickleball), a basketball court, 4 barbeques, 8 tables, playground equipment, restrooms, and parking for 20 vehicles.
Residents can reserve two picnic areas within Gill Park for events. Gill Park serves as the beginning of the Hetch Hetchy trail. In 1996 and 1997, the Milpitas Skate Park was located in Gill Park.
Prior to November 2006, Gill Park was subject to the same noise regulations as any other park in the City which, as indicated in Section V-9-4.05 of the Milpitas Municipal Code, allows for the use of loudspeakers in parks with an appropriate City permit. In October of 2006, residents of Milpitas presented the City Council with a petition not to issue permits for amplified sound in Gill Park. Homeowners around Gill Park indicated that they believed the noise at Gill Park was so excessive that it created a public nuisance and infringed on the homeowners’ rights to quiet enjoyment of their property. On October 17, 2006, the City Council acted by introducing an ordinance amending Milpitas Municipal Code title V, chapter 9, section 4.05 regarding amplified noise in parks (“Ordinance 196.8”). The express purpose of Ordinance 196.8 is to prohibit the City Manager from issuing permits for amplified sound in Gill Park. In order to do this, Ordinance 196.8 added the language “The issuance of a written permit from the City Manager or his authorized agent for the use of any loudspeaker or other noise-amplifying device referred to in Section V-9-4.00 shall not apply to Gill Park.” Milpitas Municipal Code (“MMC”) section V-9-4.05. The Council unanimously adopted Ordinance 196.7 on November 17, 2006.
Every other park in the City of Milpitas is allowed to have loudspeakers with an appropriate City permit.
On August 29, 2023, the Milpitas Police Department received a call regarding amplified music at Gill Park. The officer reviewed MMC section V-9-4.05 and determined that it is vague and ambiguous in a manner that renders it unenforceable. The language added by Ordinance 196.8 can be reasonably interpreted in a manner as excluding Gill Park from the permit process thereby either allowing amplified sound in Gill Park without a permit or disallowing amplified sound in Gill Park entirely. Ordinances may be deemed void as a result of vagueness in accordance with the Due Process Clauses of the U.S. Constitution.
On September 19, 2023 the question of the ambiguous language was brought before the City Council. The Council directed that staff bring back an ordinance that corrects the ambiguity set forth in the Municipal Code.
Council requested that the regulation allow for respectful use of the park that considers both the needs of the 332
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users of the park and the community surrounding the park so that both groups will be able to enjoy the park more respectfully.
ANALYSIS:
Staff recommends the adoption of Ordinance 196.12 amending section 4.05 of chapter 9 of title V of the municipal code to delete the ambiguous language adopted in Ordinance 196.8. This deletion will effectively conform the use of amplified sound in Gill Park with the use of amplified sound in other parks in Milpitas.
Generally, the use of amplified sound in Gill Park will be prohibited. However, if a user wishes to use amplified sound in Gill Park, then the user must apply for a permit through the City Manager or his designee. The issuance of that permit can be reasonably restricted by time, place, and manner. No permit will issue if the City Manager or his designee determines that the requested use of amplified sound will pose a disruption to the community surrounding the park. In this way, the City will be able to evaluate the requested uses on a case by case basis and ensure that a balance is struck between the respectful use of the park and the needs of the surrounding community.
POLICY ALTERNATIVE(S):
Alternative 1: Adopt Ordinance 196.12 to prohibit the use of amplified sound in Gill Park except by permit.
Pros: Gill Park will have the same rules as all other parks. The users of the reserved picnic areas in Gill Park will have the same opportunity with regard to obtaining a permit for amplified sound as users of other parks.
The use of amplified sound can be evaluated on a case by case basis to strike a balance between the respectful use of the park and the needs of the surrounding community.
Cons: The Council will not be addressing the issues brought to it in 2006 by residents of homes adjacent to Gill Park.
Alternative 2: Adopt Ordinance 196.12 to remove the ambiguous language from the code and adopt Ordinance 196.13 to create an outright prohibition on the use of amplified sound in Gill Park.
Pros: This appears to be the original intent of the City Council when it adopted the ordinance in 2006 and addresses the issues brought forward at that time.
Cons: Gill Park will have different rules than all other parks. The use of the picnic areas in Gill Park will be less desirable for event planners as they will not be able to obtain an amplified sound permit. This will not align with the direction provided by the Council to balance the needs of respectful use of the park with the needs of the surrounding community.
Alternative 3: Do not take action to amend Ordinance 196.9.
Pros: Staff will not expend additional time preparing an amendment.
Cons: MMC section V-9-4.05 as it pertains to Gill Park will be void as a result of vagueness. No prohibition on amplified sound in Gill Park will be enforceable.
FISCAL IMPACT:
There is a de minimis fiscal impact associated with the adoption of a clarifying amendment. Public works will have to update the sign in Gill Park to conform with the Council’s adopted policy.
California Environmental Quality Act (CEQA):
The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub.
Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378.
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RECOMMENDATION:
(a) Following the City Attorney’s reading aloud the titles, move to waive the reading beyond the title and introduce Ordinance 196.12.
(b) Decline to introduce Ordinance 196.13.
Attachment(s):
1. Ordinance 196.12, An Ordinance of the City Council of the City of Milpitas Amending Section 4.05 of Chapter 9 (“Parks”) of Title V (“Public Health, Safety, and Welfare”) of the Milpitas Municipal Code
2. Ordinance 196.13, An Ordinance of the City Council of the City of Milpitas Adding Section 2.13 to Chapter 9 (“Parks”) of Title V (“Public Health, Safety, And Welfare”) of the Milpitas Municipal Code and Amending Section 4.00 of Chapter 9 (“Parks”) Of Title V (“Public Health, Safety, And Welfare”) of the Milpitas Municipal Code
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Ordinance No. ___
1 REGULAR
NUMBER: 196.12
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING SECTION 4.05 OF CHAPTER 9 (“PARKS”) OF TITLE V (“PUBLIC HEALTH, SAFETY, AND WELFARE”) 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:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmon Montano, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney
BE IT ORDAINED BY THE CITY OF MILPITAS AS FOLLOWS:
WHEREAS, it is the priority of the City Council of the City of Milpitas to continue to provide parks and amenities for people of all ages and abilities to enjoy higher levels of physical and mental health; and
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Ordinance No. ___
2 WHEREAS, it is the priority of the City Council of the City of Milpitas to promote a sustainable community and protect the natural environment; and WHEREAS, on November 7, 2006, the City Council of the City of Milpitas adopted ordinance number 196.8 amending section V-9-4.05 of the Milpitas Municipal Code to add “The issuance of a written permit from the City Manager or his authorized agent for the use of any loudspeaker or other noise-amplifying device referred to in Section V-9-4.00 shall not apply to Gill Park.”, and
WHEREAS, the language added to section V-9-4.05 is vague such that it does not give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, and WHEREAS, in order to avoid problems with constitutional due process, the City Council wishes to amend section V-9-4.05 of the Milpitas Municipal Code to remove the vague clause.
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: That Section 4.05 of Chapter 9 (“PARKS”) To Title V (“Public Health, Safety, and Welfare”) of the Milpitas Municipal Code is amended to read as follows:
V-9-4.05 – Use of Loudspeakers
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Ordinance No. ___
3 The use of any loudspeaker or other noise-amplifying device. The issuance of a written permit from the City Manager or his authorized agent for the use of any loudspeaker or other noise-amplifying device referred to in Section V-9-4.00 shall not apply to Gill Park.
SECTION 3. 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.
SECTIN 4. 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.
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Ordinance No. ___
1 REGULAR
NUMBER: 196.13
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING SECTION 2.13 TO CHAPTER 9 (“PARKS”) OF TITLE V (“PUBLIC HEALTH, SAFETY, AND WELFARE”) OF THE MILPITAS MUNICIPAL CODE AND AMENDIN G SECTION 4.00 OF CHAPTER 9 (“PARKS”) OF TITLE V (“PUBLIC HEALTH, SAFETY, AND WELFARE”) OF THE MILPITAS
MUNICIPAL CODE
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting o f ____________________, 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:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmon Montano, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney
BE IT ORDAINED BY THE CITY OF MILPITAS AS FOLLOWS:
WHEREAS, it is the priority of the City Council of the City of Milpitas to continue to provide parks and amenities for people of all ages and abilities to enjoy higher levels of physical and mental health; and
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Item # 18.
Ordinance No. ___
2 WHEREAS, it is the priority of the City Council of the City of Milpitas to promote a sustainable community and protect the natural environment; and WHEREAS, on November 7, 2006, the City Council of the City of Milpitas adopted ordinance number 196.8 amending section V-9-4.05 of the Milpitas Municipal Code with the intention of banning amplified sound in Gill Park at all times by adding “The issuance of a written permit from the City Manager or his authorized agent for the use of any loudspeaker or other noise-amplifying device referred to in Section V-9-4.00 shall not apply to Gill Park.” to that section, and
WHEREAS, the language added to section V-9-4.05 is vague such that it does not give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, and WHEREAS, in order to avoid problems with constitutional due process, the City Council amended section V-9-4.05 of the Milpitas Municipal Code to remove the vague clause.
WHEREAS, in order to enact the prohibition on amplified sound in Gill Park as intended by the City Council in 2006, the City Council adds section V-9-2.13 and amends section V-9-
4.00 of the Milpitas Municipal Code to prohibit amplified sound in Gill Park.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR A CTION: 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.
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Item # 18.
Ordinance No. ___
3 SECTION 2 AMENDMENT OF MILPITAS MUNICIPAL CODE: That Section 2.13 is added to Chapter 9 (“PARKS”) To Title V (“Public Health, Safety, and Welfare”) of the Milpitas Municipal Code is amended to read as follows:
V-9-2.13 – Prohibition on Loudspeakers in Gill Park
The use of any loudspeaker or other noise-amplifying device in Gill Park is prohibited at all times. No permit may be issued for the use of a loudspeaker or other noise-amplifying device in Gill Park.
SECTION 3 AMENDMENT OF MILPITAS MUNICIPAL CODE: That Section 4.00 of Chapter 9 (“PARKS”) To Title V (“Public Health, Safety, and Welfare”) of the Milpitas Municipal Code is amended to read as follows:
V-9-4.00
Unless a written permit is first obtained from the City Manager or his authorized agent, and subject to such conditions as may be imposed in connection therewith, it shall be unlawful for any person, firm or corporation to do any of the following acts within any park in the City of Milpitas. No permit shall issue for any activity expressly prohibited in section 2 or section 3 of this Chapter.
SECTION 4. 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.
SECTIN 5. 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.
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Item # 18.