City Council
Regular MeetingMorgan Hill, CA · July 15, 2015
Minutes
City of Morgan Hill
Meeting Minutes
City Council
Steve Tate ~ Mayor
Rich Constantine ~ Mayor Pro Tem
Gordon Siebert ~ Council Member
Marilyn Librers ~ Council Member
Larry Carr ~ Council Member
5:30 PM Council Chamber
Wednesday, July 15, 2015
17555 Peak Avenue
Morgan Hill, CA 95037
Special City Council Meeting Agenda
5:30 p.m.
CALL TO ORDER
Mayor Tate called the Special / Regular City Council Meeting to order.
ROLL CALL ATTENDANCE
Present: 4- Mayor Pro Tem Carr, Council Member Constantine, Council Member Siebert,
Mayor Tate
Absent: 1- Librers
DECLARATION OF POSTING OF AGENDA
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ECONOMIC DEVELOPMENT WORKSHOP
City Manager Rymer introduced some key points on this item and called on Economic
Development Manager Ramirez to conduct the Workshop.
Mayor Tate opened Public Comment at 6:25 p.m.
John Horner was called to speak
Evelyn was called to speak
Renee Spring was called to speak
Robert Airoldi was called to speak
David was called to speak
Hearing no further request to speak, the public comment was closed.
Meeting went into Recess
Meeting Reconvened
15-447 Workshop Presentation and Supplements
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Regular Meeting Agenda
7:00 p.m.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CITY COUNCIL REPORTS
Council Member Siebert
Council Member Siebert spoke on the City's budget and recommended that we all go
and read items that are of interest to us.
CITY MANAGER'S REPORT
City Manager Rymer recognized our new, promoted and recently retired teammates. He
spoke on our Downtown Placemaking Projects that are underway and thanked the
community for their support and asked for patience as we move forward. He thanked
our businesses and encouraged our community to continuing to patronize downtown
while all the construction is going. He stated that we will be ending the Monterey Road
one lane trial period and will be formulating the final report for and will be bringing it to
Council in August. He concluded by speaking on the evenings supplements and
presentations.
15-446 Quarterly Employee Recognitions
New Teammates:
Dat Nguyen- Assistant Finance Director
Tanya Carothers- Environmental Programs Coordinator
Shawn Hobbs- Electrician
Victor Vasquez- Utility Worker I
Promotions:
Stephanie Vegh- (YMCA) Member Relations Director
Jessica Redfield- (YMCA) Health and Wellness Director
Kolby Rousseu- (YMCA) Wellness Coordinator
Retirements:
Ernie Wilson- Maintenance Worker I
CITY ATTORNEY’S REPORT
City Attorney Gurza had no report.
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OTHER REPORTS
Mayor Tate announced that he met with the last interviewee for the planning
commission and recommended that he come and interview with the entire Council at
the August 5th meeting.
PRESENTATIONS
15-445 YAC Presentation - Asset # 7 Community Values Youth
RECOGNITIONS
Sue Koepp-Baker
PROCLAMATIONS
PUBLIC COMMENT
Mayor Tate opened public comment at 7:22 p.m.
Doug Muirhead was called to speak
Joseph Carillo was called to speak
Hearing no further request to speak, the public comment was closed
ADOPTION OF AGENDA
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, adopting
the agenda as presented. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
CONSENT CALENDAR:
Approval of the Consent Calendar
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert
approving Consent Calendar items 1 through 5 and 7 through12. The motion passed by the following
vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
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1 15-380 ACCEPT MAST STREET WATER MAIN INSTALLATION PROJECT
1. Adopt Resolution accepting as complete the Mast Street Water Main Installation Project in the final
amount of $697,762.05;
2. Authorize the Public Works Director to sign the attached Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.
2 15-399 ACCEPTANCE OF BOYS RANCH WELL #3A PUMP STATION
PROJECT
3 15-421 ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS FOR
VINTAGE VINEYARD ESTATES - TRACT NO. 10178
4 15-408 APPROVE PROFESSIONAL SERVICES AGREEMENT TO PROVIDE
DESIGN SERVICES FOR THE EAST DUNNE AVENUE WATER MAIN
PROJECT
5 15-190 AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN WEST HILLS COMMUNITY
CHURCH AND THE CITY OF MORGAN HILL FOR FACILITY USE AS
A BACKUP EMERGENCY OPERATIONS CENTER AND FOR
STORAGE OF EMERGENCY RESPONSE SUPPLIES
6 15-277 AWARD ANNUAL TREE MAINTENANCE CONTRACT
Item Pulled for discussion
Doug Muirhead was called to speak
Project Manager Eulo Presented the Staff report
Action: On a motion by Council Member Constantine and seconded by Mayor Pro Tem Carr, adopting
resolution awarding a contract to West Coast Arborists, Inc. for up to $600,000 ($150,000 annually for a
Four-Year Period) Subject to Future Annual Budget Appropriations by the City Council, and authorizing
the City Manager to extend the Agreement for a period of up to one year at a cost not to exceed 105% of
the Original Approved Annual Amount Subject to Budget Appropriations by the City Council. The motion
passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 0
7 15-409 AWARD 2015 SEWER POINT REPAIR AND LINING PROJECT
8 15-403 CHANGE ORDER FOR THE 2014 AND 2015 PARKING LOT SEAL
COAT PROJECT - PHASE 2
9 15-419 FINAL MAP APPROVAL FOR CAMPOLI NORTH PHASE 2 - TRACT
NO. 10318
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City Council Meeting Minutes July 15, 2015
10 15-420 FINAL MAP APPROVAL FOR SOLERA RANCH - TRACT NO. 10290
11 15-404 MASTER AGREEMENTS FOR CONTRACT PLANNING AND
ENVIRONMENTAL REVIEW SERVICES
12 15-393 REVISED INVESTMENT POLICY
PUBLIC HEARINGS:
13 15-040 AUTHORIZATION FOR THE CITY TO UTILIZE THE CALIFORNIA
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
Action: On a motion by Council Member Constantine and seconded by Mayor Pro Tem Carr, Adopting
resolution electing for the City to become subject to the Uniform Public Construction Cost Accounting
Act. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
Action: On a motion by Council Member Constantine and seconded by Mayor Pro Tem Carr, Waiving the
first and second reading of the Ordinance adding Chapter 3.60 of the Municipal Code. The motion passed
by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
Mayor Tate opened the public hearing at 7:38 p.m. Hearing no request to speak, the
public hearing was closed.
Action: On a motion by Council Member Constantine and seconded by Mayor Pro Tem Carr, Introducing
Ordinance by title new Chapter 3.60 of the Municipal Code - Procurement Procedures for Public Projects.
The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
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14 15-395 DEVELOPMENT AGREEMENT DA-15-04: SECRETARIAT - QUAIL
MEADOWS
Mayor Tate opened the public hearing at 7:43 p.m. Hearing no request to speak, the
public hearing was closed.
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Constantine, Waiving the
first and second reading of the Development Agreement Ordinance DA-15-04. The motion passed by the
following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Constantine, Introducing
the Development Agreement Ordinance DA-15-04. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
15 15-426 CITY OF MORGAN HILL LANDSCAPE ASSESSMENT DISTRICT
NUMBER 1 RESOLUTION ORDERING ANNUAL ASSESSMENTS AND
RELATED ACTIONS
Mayor Tate opened the public hearing at 7:49p.m.
Charles Clark was called to speak
Robert Wolford was called to speak
Hearing no further request to speak, the public hearing was closed.
Council Member Constantine request that we continue this item to the next meeting in
order to get a better picture
Action: On a motion by Council Member Siebert and seconded by Mayor Pro Tem Carr, Adopting
resolution confirming Fiscal Year 15/16 annual assessments and ordering the levy of assessments for the
District with Council's recommended changes. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
OTHER BUSINESS:
16 15-392 MAY 2015 FINANCIAL AND INVESTMENT REPORT
Assistant Finance Director Nguyen presented the staff report
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City Council Meeting Minutes July 15, 2015
17 15-427 PURCHASE OF BALLFIELD PROPERTY
Program Administrator Eulo presented the staff report
.
Mayor Tate opened public comment at 8:13 p.m.
Gordon Jacoby was called to speak
Julie Hutcheson was called to speak
Hearing no further request to speak the public comment was closed.
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Adopting
resolution Re-appropriating $5,283,601 of Park Impact Funds (Fund 301) from FY 14/15 to FY 15/16 and
Authorizing the City Manager to execute all documents, agreements and payments relating to the
purchase of the Ballfield Property. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
18 15-442 APPROVAL OF AMENDED AND RESTATED EMPLOYMENT
AGREEMENT FOR CITY ATTORNEY
Meeting went into Recess
Meeting Reconvened
Mayor Tate presented the staff report
.
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, Adopting
resolution approving Amended and Restated Employment Agreement for City Attorney, Ms. Renee Gurza,
and authorizing Mayor to execute said Employment Agreement. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
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19 15-424 HA&A HOTEL MARKET STUDY - PHASE I
Economic Development Manager Ramirez presented the staff report and introduced
consultant Hans Detlefsen who went over the study
.
Mayor Tate Opened Public Comment at 9:05 p.m.
Satish Narayan was called to speak
Gary Hansen was called to speak
Karen Mendez was called to speak
David Dworkin was called to speak
Asit Panwala was called to speak
Ashis Roy was called to speak
Joseph Carillo was called to speak
Hearing no further request to speak, the public comment was closed.
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20 15-418 CITY ACTION IN RESPONSE TO REFERENDUM ON ZA-14-26:
LIGHTPOST-RIVERPARK HOSPITALITY
Community Development Director Crabtree presented the staff report.
Mayor Tate opened public comment at 9:40 p.m.
Randy Toch was called to speak
Satish Narayan was called to speak
Gary Hansen was called to speak
Andrew Faber was called to speak
Asit Panwala was called to speak
Hearing no further request to speak, public comment was closed.
Action: On a motion by Mayor Pro Tem Carr and seconded by Mayor Tate, to discontinue processing of
the Referendum action because it would result in a zoning designation of the subject property (ML-Light
Industrial) that is inconsistent with City's General Plan designation of the site, Commercial. The motion
passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
21 15-430 TRANSITION PLAN RECOMMENDATIONS FOR TERMINATION OF
CONTRACT WITH NEIGHBORHOOD HOUSING SERVICES OF
SILICON VALLEY(NHSSV) FOR ADMINISTRATION OF THE CITY OF
MORGAN HILL BELOW MARKET RATE (BMR) HOUSING PROGRAM
Assistant City Manager for Community Development Little presented the staff report
Mayor Tate opened public comment at 10:20p.m.
Matt Huerta was called to speak
Hearing no further request to speak, the public comment was closed.
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Adopting
resolution approving Authorizing the City Manager to execute the First amendment of the agreement with
Nyanda & Associates, increasing the agreement from $24,000 to $272,000 and Approving budget
scorecard, authorizing $216,596 from the Housing Fund 255. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
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PUBLIC HEARINGS:
15-425 ACTIONS RELATED TO AN AGRICULTURAL LANDS
PRESERVATION PROGRAM, A SPORTS/RECREATION/LEISURE
ZONING DISTRICT AND OTHER RELATED MATTERS PERTAINING
TO THE SOUTHEAST QUADRANT PRE-ZONING AND URBAN
SERVICE AREA EXPANSION (FILES ZA-14-11, ZA-14-09, USA-08-01,
USA-08-02, USA-08-04, USA-08-05, USA-14-02, ZA-08-01, ZA-08-02,
ZA-08-04, ZA-14-10 AND ZA-14-12)
Meeting went into Recess
Meeting Reconvened
Action: On a motion by Council Member Constantine and seconded by Mayor Pro Tem Carr, extending
the meeting to 11:45 p.m. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 1 - Librers
Community Development Director Crabtree presented the staff report
.
Mayor Tate opened public hearing at 11:06 pm
David Puliafico was called to speak
Andy Pashby was called to speak
Doug Muirhead was called to speak
Gordon Jacoby was called to speak
Julie Hutcheson was called to speak
Hearing no further request to speak, the Public Hearing was closed.
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Waving the first
and second reading of Ordinance to amend the Zoning Code to implement the Agricultural Lands
Preservation Program (Zoning Amendment ZA14-11). The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Mayor Tate,
Introducing the Ordinance by title
. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
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Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Waiving the first
and second reading of the Ordinance to amend the Zoning Code to establish a Sports/Recreation/Leisure
Zoning District (Zoning Amendment ZA14-09). The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert,
Introducing the Ordinance by title
. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Mayor Tate,
adopting resolution expressing approval of an extension to the Urban Service Area Boundary in the
City’s Southeast Quadrant as proposed through Urban Service Area Amendment USA-08-01,
Tennant-Roman Catholic Bishop of San Jose; USA-08-02, Fisher-Granum Partners; USA-08-04,
Tennant-Puliafico; USA-08-05, Condit-Craiker, and USA-14-02, Tennant/SEQ to allow for the annexation of
the properties into the City of Morgan Hill. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, adopting
resolution to apply to the Local Agency Formation Commission of Santa Clara County (LAFCO) for an
amendment to the City’s Urban Service Area (USA) boundary, as proposed, to include approximately 215
acres in the City’s Southeast Quadrant area. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Waiving the first
and second reading of the Ordinance pre-zoning certain real properties to the Public Facilities/Planned
Unit Development zoning district as proposed through Zoning Amendment ZA-08-01, Tennant-Roman
Catholic Bishop of San Jose, to allow the development of a private high school (South County Catholic
High School) on approximately 38-acre site. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Introducing the
Ordinance by title. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
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Action: On a motion by Mayor Pro Tem Carr and seconded by Mayor Tate, Waiving the first and second
reading Ordinance pre-zoning certain properties to Sports/Recreation/Leisure (Sub-district B) as
proposed through Zoning Amendment ZA-08-02 - Fisher-Granum Partners, to allow future development of
sports, recreation and leisure uses on approximately 26-acre site. The motion passed by the following
vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Mayor Tate, Introducing the Ordinance by
title. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Mayor Tate, Waiving the first and second
reading of the Ordinance pre-zoning certain properties to Sports/Recreation/Leisure (Sub-district A) as
proposed through Zoning Amendment ZA-14-12, Tennant-Puliafico, to allow future development of
sports, recreation and leisure uses on approximately 38-acre site. The motion passed by the following
vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Mayor Tate, Introducing the Ordinance by
title. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Waiving the first
and second reading of the Ordinance pre-zoning certain properties to Sports/Recreation/Leisure
(Sub-district B) as proposed through Zoning Amendment, ZA-08-04, Condit-Craiker, to allow future
development of sports, recreation and leisure uses on approximately 4-acre site. The motion passed by
the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Introducing the
Ordinance by title. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
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Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Waiving the first
and second reading of the Ordinance pre-zoning certain properties to Sports/Recreation/Leisure
(Sub-district A as to parcels 817-16-014, 817-18-001 and 817-18-002 and Sub-district B as to parcels
817-13-011, 817-13-037, 817-14-011, 817-14-012, 817-14-014, 817-14-017, 817-14-019, and 817-16-001) as
proposed through Zoning Amendment, ZA-14-10, Tennant/SEQ, to allow future development of sports,
recreation and leisure uses for an area approximately 109 acres. The motion passed by the following
vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Introducing the
Ordinance by title. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Direct staff to
proceed with the process to identify a third-party entity to administer implementation of the Citywide
Agricultural Lands Preservation Program. The motion passed by the following vote:
Ayes: 3 - Carr, Siebert, Tate
Noes: 1 - Constantine
Absent: 1 - Librers
OTHER BUSINESS:
23 15-438 MORGAN HILL 2035: RDCS UPDATE WORKING GROUP
PROGRESS REPORT - MEETING #5
Mayor Tate opened public comment at 11:46 p.m. Hearing no request to speak, the
public comment was closed.
FUTURE COUNCIL INITIATED AGENDA ITEMS:
None
ADJOURNMENT
There being no further business, Mayor Tate adjourned the meeting at 11:46 p.m.
MINUTES PREPARED BY:
Angie Garcia, Minutes Clerk
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City Council Meeting Minutes July 15, 2015
NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to
an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at
17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main
Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the
notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue
that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers, and
deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the
speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium
and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the
public, you may do so by during the public comment portion of the meeting following the same procedure
described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City
Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council
who may plan an item on the agenda for a future City Council. Should your comments require Council action, your
request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your
item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act)
Government Code §54950
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice
is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in
court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described
in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these
matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any
matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil
Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408)
779-7259, (408) 779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov.
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a
disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's
Office at (408)779-7259, (408)779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. Requests must be
made as early as possible and at least two-full business days before the start fo the meeting.
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City Council Meeting Minutes July 15, 2015
City Council’s Priorities, Goals, and Strategies
2015
2015 Commitment
For 2015, the City Council is committed to remaining focused on existing planning efforts, projects, and initiatives
with an eye towards completing what has already been started.
Ongoing Priorities
The City Council is committed to providing high quality and sustainable services to the entire Morgan Hill
community. Fundamental to the City Council’s success are the ongoing priorities of:
- Enhancing public safety
- Protecting the environment
- Maintaining fiscal responsibility
- Supporting youth
- Fostering an organizational culture
- Preserving and cultivating public trust
2015 Focus Areas
In addition to the City Council’s priorities, eleven specific focus areas were recognized by the Council that require
significant resources in 2015.
- Stimulate economic development to increase jobs and expand the City's tax base
- Actively participate in regional issues for the benefit of Morgan Hill
- Develop an infrastructure funding and advocacy plan
- Evaluate, develop, and implement short and long term strategies to address the
environmental and financial impacts of drought conditions
- Continue our General Plan Update, Morgan Hill 2035, including updating and
incorporating the Residential Development Control System (RDCS)
- Advance revitalization of our downtown by completing our significant public
investment
- Implement Southeast Quadrant agricultural preservation and land use plans that
satisfy the Council’s goals by working cooperatively with landowners, public
agencies, and other stakeholders
- Develop a plan for ongoing and comprehensive support of senior services
- Advance regional transportation decisions that are consistent with the Council’s
position to best serve Morgan Hill by working with regional and state organizations
- Measure the effectiveness of community engagement efforts
- Facilitate maintaining and enhancing the provision of medical services in Morgan Hill
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Agenda
Special - Regular Meeting Agenda
City Council
Steve Tate ~ Mayor
Larry Carr ~ Mayor Pro Tem
Gordon Siebert ~ Council Member
Marilyn Librers ~ Council Member
Rich Constantine ~ Council Member
Wednesday, July 15, 2015 Council Chamber
5:30 PM 17555 Peak Avenue
Morgan Hill, CA 95037
Special City Council Meeting Agenda
5:30 p.m.
A Special Meeting of the City Council is called at 5:30 p.m. for the purpose of
conducting a workshop.
CALL TO ORDER
(Mayor Tate)
ROLL CALL ATTENDANCE
(Minutes Clerk Garcia)
DECLARATION OF POSTING OF AGENDA
Per Government Code 54954.2
(Minutes Clerk Garcia)
ECONOMIC DEVELOPMENT WORKSHOP
The purpose of the workshop is to have a comprehensive discussion on the City's
current ant future economic development focus areas and actions.
15-447 Workshop Presentation and Supplements
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City Council Special - Regular Meeting July 15, 2015
Agenda
Regular Meeting Agenda
7:00 p.m.
The City Council has adopted a policy that regular meetings shall not continue beyond 11:00
p.m. unless extended by a majority of the City Council.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CITY COUNCIL REPORTS
Council Member Siebert
CITY MANAGER'S REPORT
CITY ATTORNEY’S REPORT
OTHER REPORTS
PRESENTATIONS
15-445 YAC Presentation - Asset # 7 Community Values Youth
RECOGNITIONS
Sue Koepp-Baker
15-446 Quarterly Employee Recognitions
New Teammates:
Dat Nguyen- Assistant Finance Director
Tanya Carothers- Environmental Programs Coordinator
Shawn Hobbs- Electrician
Victor Vasquez- Utility Worker I
Promotions:
Stephanie Vegh- (YMCA) Member Relations Director
Jessica Redfield- (YMCA) Health and Wellness Director
Kolby Rousseu- (YMCA) Wellness Coordinator
Retirements:
Ernie Wilson- Maintenance Worker I
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City Council Special - Regular Meeting July 15, 2015
Agenda
PROCLAMATIONS
Proclaiming the month of July as Parks and Recreation Month
PUBLIC COMMENT
Members of the public are entitled to address the City Council concerning any item
within the Morgan Hill City Council’s subject matter jurisdiction. Public comments
are limited to no more than three minutes. Except for certain specific exceptions,
the City Council is prohibited from discussing or taking action on any item not
appearing on the posted agenda. (See additional noticing at the end of this
agenda)
ADOPTION OF AGENDA
CONSENT CALENDAR:
Items appearing on the Consent Calendar are considered routine and may be
approved by one motion. Pursuant to City Council Policies and Procedures (CP
97-01), any member of the Council or public may request to have an item removed
from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
1 15-380 ACCEPT MAST STREET WATER MAIN INSTALLATION
PROJECT
Recommendation: 1. Adopt Resolution accepting as complete the Mast Street
Water Main Installation Project in the final amount of
$697,762.05;
2. Authorize the Public Works Director to sign the attached
Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the
County Recorder's Office.
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Agenda
2 15-399 ACCEPTANCE OF BOYS RANCH WELL #3A PUMP STATION
PROJECT
Recommendation: 1. Adopt the attached Resolution accepting as complete the
Boys Ranch Well #3A Pump Station Project in the final amount
of $268,450;
2. Authorize the Public Works Director to sign the attached
Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the
County Recorder's Office.
3 15-421 ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS
FOR VINTAGE VINEYARD ESTATES - TRACT NO. 10178
Recommendation: Adopt Resolution:
1. Accepting the subdivision public improvements for Vintage
Vineyard Estates - Tract 10178.
2. Directing the City Clerk to file a Notice of Completion with the
Recorder of Santa Clara County.
4 15-408 APPROVE PROFESSIONAL SERVICES AGREEMENT TO
PROVIDE DESIGN SERVICES FOR THE EAST DUNNE
AVENUE WATER MAIN PROJECT
Recommendation: Adopt resolution approving the following actions;
1. Approve professional services agreement with HydroScience
Engineers, Inc. to provide design services for the East Dunne
Avenue Water Main in an amount not to exceed $149,912.
2. Authorize the City Manager to execute and administer the
professional services agreement.
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Agenda
5 15-190 AUTHORIZE THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN WEST
HILLS COMMUNITY CHURCH AND THE CITY OF MORGAN
HILL FOR FACILITY USE AS A BACKUP EMERGENCY
OPERATIONS CENTER AND FOR STORAGE OF
EMERGENCY RESPONSE SUPPLIES
Recommendation: Adopt Resolution authorizing the City Manager to execute a
Memorandum of Understanding (MOU) between the City of
Morgan Hill and West Hills Community Church for use as a
backup Emergency Operations Center and storage of
emergency response supplies.
6 15-277 AWARD ANNUAL TREE MAINTENANCE CONTRACT
Recommendation: Adopt a Resolution approving the following actions:
1. Award a contract to West Coast Arborists, Inc. for up to
$600,000 ($150,000 annually for a Four-Year Period) Subject to
Future Annual Budget Appropriations by the City Council; and
2. Authorize the City Manager to extend the Agreement for a
period of up to one year at a cost not to exceed 105% of the
Original Approved Annual Amount Subject to Budget
Appropriations by the City Council
7 15-409 AWARD 2015 SEWER POINT REPAIR AND LINING
PROJECT
Recommendation: Adopt resolution to:
1. Approve project plans and specifications;
2. Award contract to Pacific Underground Construction, Inc. for
the construction of the 2015 Sewer Point Repair and Lining
Project in the amount of $91,904;
3. Authorize expenditure of construction contingency funds not
to exceed $9,191;
4. Authorize the City Manager to execute the Contract with
Pacific Underground Construction for the 2015 Sewer Point
Repair and Lining Project; and
5. Re-appropriate $101,095 from Fiscal Year 2014-2015 to
Fiscal Year 2015-2016.
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Agenda
8 15-403 CHANGE ORDER FOR THE 2014 AND 2015 PARKING LOT
SEAL COAT PROJECT - PHASE 2
Recommendation: Adopt resolution approving a change order for the parking lot
seal coat project.
9 15-419 FINAL MAP APPROVAL FOR CAMPOLI NORTH PHASE 2 -
TRACT NO. 10318
Recommendation: Adopt Resolution approving the following actions:
1. Approve Final Map;
2. Authorize the City Manager to execute a Stormwater
Best-Management-Practices (BMP) Operation and Maintenance
Agreement pending review and approval by the City Attorney;
and
3. Authorize the recordation of the Final Map and Stormwater
BMP Operations and Maintenance Agreement.
10 15-420 FINAL MAP APPROVAL FOR SOLERA RANCH - TRACT NO.
10290
Recommendation: Adopt Resolution approving the following actions:
1. Approve Final Map;
2. Authorize the City Manager to execute the Subdivision
Improvement Agreement with City Ventures Homebuilding, LLC;
3. Authorize the City Manager to execute a Stormwater
Best-Management-Practices (BMP) Operation and Maintenance
Agreement pending review and approval by the City Attorney;
and
4. Authorize the recordation of the Final Map, the Subdivision
Improvement Agreement, and the Stormwater BMP Operations
and Maintenance Agreement.
11 15-404 MASTER AGREEMENTS FOR CONTRACT PLANNING AND
ENVIRONMENTAL REVIEW SERVICES
Recommendation: Adoption of a resolution authorizing the City Manager to
negotiate, execute and subsequently administer the attached
master agreements with Geier and Geier, the Metropolitan
Group, PMC, and Raney Planning Services in the amount of
$250,000 each, for contract planning and environmental review
services.
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Agenda
12 15-393 REVISED INVESTMENT POLICY
Recommendation: Adopt a resolution approving revisions to City Council Policy
94-04, the City's Investment Policy.
PUBLIC HEARINGS:
13 15-040 AUTHORIZATION FOR THE CITY TO UTILIZE THE
CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT
Recommendation: 1) Adopt resolution electing for the City to become subject to the
Uniform Public Construction Cost Accounting Act;
2) Waive the first and second reading of the Ordinance adding
Chapter 3.60 of the Municipal Code; and
3) Introduce by title new Chapter 3.60 of the Municipal Code -
Procurement Procedures for Public Projects.
Estimated Time: 5 Minutes
14 15-395 DEVELOPMENT AGREEMENT DA-15-04: SECRETARIAT -
QUAIL MEADOWS
Recommendation: 1. Open and Close the Public Hearing;
2. Waive the first and second reading of the Development
Agreement Ordinance DA-15-04; and
3. Introduce the Development Agreement Ordinance DA-15-04
Estimated Time: 10 Minutes
15 15-426 CITY OF MORGAN HILL LANDSCAPE ASSESSMENT
DISTRICT NUMBER 1 RESOLUTION ORDERING ANNUAL
ASSESSMENTS AND RELATED ACTIONS
Recommendation: 1) Open and close the Public Hearing; and
2) Adopt resolution confirming Fiscal Year 15/16 annual
assessments and ordering the levy of assessments for the
District.
Estimated Time: 10 Minutes
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Agenda
OTHER BUSINESS:
16 15-392 MAY 2015 FINANCIAL AND INVESTMENT REPORT
Recommendation: Accept and file report.
Estimated Time: 5 Minutes
17 15-427 PURCHASE OF BALLFIELD PROPERTY
Recommendation: Adopt resolution approving the following actions:
1. Re-appropriating $5,283,601 of Park Impact Funds (Fund
301) from FY 14/15 to FY 15/16; and
2. Authorizing the City Manager to execute all documents,
agreements and payments relating to the purchase of the
Ballfield Property.
Estimated Time: 5 Minutes
18 15-442 APPROVAL OF AMENDED AND RESTATED EMPLOYMENT
AGREEMENT FOR CITY ATTORNEY
Recommendation: Adoption of resolution approving Amended and Restated
Employment Agreement for City Attorney, Ms. Renee Gurza,
and authorizing Mayor to execute said Employment Agreement
Estimated Time: 5 Minutes
19 15-424 HA&A HOTEL MARKET STUDY - PHASE I
Recommendation: Accept HA&A Hotel Market Study - Phase I.
Estimated Time: 60 Minutes
City of Morgan Hill Page 8 Printed on 7/15/2015
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Agenda
20 15-418 CITY ACTION IN RESPONSE TO REFERENDUM ON
ZA-14-26: LIGHTPOST-RIVERPARK HOSPITALITY
Recommendation: In response to a Referendum of City Council's rezoning action
on ZA-14-26: Lightpost-Riverpark Hospitality (Ordinance No.
2131), Discontinue processing of the Referendum action
because it would result in a zoning designation of the subject
property (ML-Light Industrial) that is inconsistent with City's
General Plan designation of the site, Commercial.
OR, the City Council could decide to:
1. Submit Ordinance No. 2131 related to Rezoning ZA-14-26:
Lightpost-Riverpark Hospitality to a vote of the electorate of the
City of Morgan Hill at a general or special election; or
2. Direct staff to prepare a Repeal of Ordinance No. 2131
related to Rezoning ZA-14-26: Lightpost-Riverpark Hospitality
by either:
a. Prepare an alternative rezoning of the subject property to the
HC Highway Commercial zoning designation that is consistent
with the General Plan commercial designation; or
b. Initiate a General Plan Amendment to change the General
Plan land use designation for the site back to industrial from
commercial so that ML: Light Industrial zoning designation
would be consistent with the General Plan.
Estimated Time: 60 Minutes
21 15-430 TRANSITION PLAN RECOMMENDATIONS FOR
TERMINATION OF CONTRACT WITH NEIGHBORHOOD
HOUSING SERVICES OF SILICON VALLEY(NHSSV) FOR
ADMINISTRATION OF THE CITY OF MORGAN HILL BELOW
MARKET RATE (BMR) HOUSING PROGRAM
Recommendation: Adopt resolution approving the following actions:
1. Authorize the City Manager to execute the First amendment
of the agreement with Nyanda & Associates, increasing the
agreement from $24,000 to $272,000; and
2. Approve budget scorecard, authorizing $216,596 from the
Housing Fund 255.
Estimated Time: 10 Minutes
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Agenda
PUBLIC HEARINGS:
22 15-425 ACTIONS RELATED TO AN AGRICULTURAL LANDS
PRESERVATION PROGRAM, A
SPORTS/RECREATION/LEISURE ZONING DISTRICT AND
OTHER RELATED MATTERS PERTAINING TO THE
SOUTHEAST QUADRANT PRE-ZONING AND URBAN
SERVICE AREA EXPANSION (FILES ZA-14-11, ZA-14-09,
USA-08-01, USA-08-02, USA-08-04, USA-08-05, USA-14-02,
ZA-08-01, ZA-08-02, ZA-08-04, ZA-14-10 AND ZA-14-12)
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Agenda
Recommendation: 1) In connection with an Ordinance to amend the Zoning Code
to implement the Agricultural Lands Preservation Program
(Zoning Amendment ZA14-11):
a. Waive the first and second reading of the Ordinance; and
b. Introduce the Ordinance by title;
2) In connection with an Ordinance to amend the Zoning Code
to establish a Sports/Recreation/Leisure Zoning District (Zoning
Amendment ZA14-09):
a. Waive the first and second reading of the Ordinance; and
b. Introduce the Ordinance by title; and
3) Adoption of a resolution expressing approval of an extension
to the Urban Service Area Boundary in the City's Southeast
Quadrant as proposed through Urban Service Area Amendment
USA-08-01, Tennant-Roman Catholic Bishop of San Jose;
USA-08-02, Fisher-Granum Partners; USA-08-04,
Tennant-Puliafico; USA-08-05, Condit-Craiker, and USA-14-02,
Tennant/SEQ to allow for the annexation of the properties into
the City of Morgan Hill;
4) Adoption of a resolution to apply to the Local Agency
Formation Commission of Santa Clara County (LAFCO) for an
amendment to the City's Urban Service Area (USA) boundary,
as proposed, to include approximately 215 acres in the City's
Southeast Quadrant area;
5) In connection with an Ordinance pre-zoning certain real
properties to the Public Facilities/Planned Unit Development
zoning district as proposed through Zoning Amendment
ZA-08-01, Tennant-Roman Catholic Bishop of San Jose, to
allow the development of a private high school (South County
Catholic High School) on approximately 38-acre site:
a. Waive the first and second reading of the Ordinance; and
b. Introduce the Ordinance by title;
6) In connection with an Ordinance pre-zoning certain
properties to Sports/Recreation/Leisure (Sub-district B) as
proposed through Zoning Amendment ZA-08-02 -
Fisher-Granum Partners, to allow future development of sports,
recreation and leisure uses on approximately 26-acre site:
a. Waive the first and second reading of the Ordinance; and
b. Introduce the Ordinance by title;
7) In connection with an Ordinance pre-zoning certain
properties to Sports/Recreation/Leisure (Sub-district A) as
proposed through Zoning Amendment ZA-14-12,
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City Council Special - Regular Meeting July 15, 2015
Agenda
Tennant-Puliafico, to allow future development of sports,
recreation and leisure uses on approximately 38-acre site:
a. Waive the first and second reading of the Ordinance; and
b. Introduce the Ordinance by title;
8) In connection with an Ordinance pre-zoning certain
properties to Sports/Recreation/Leisure (Sub-district B) as
proposed through Zoning Amendment, ZA-08-04,
Condit-Craiker, to allow future development of sports, recreation
and leisure uses on approximately 4-acre site:
a. Waive the first and second reading of the Ordinance; and
b. Introduce the Ordinance by title;
9) In connection with an Ordinance pre-zoning certain
properties to Sports/Recreation/Leisure (Sub-district A as to
parcels 817-16-014, 817-18-001 and 817-18-002 and
Sub-district B as to parcels 817-13-011, 817-13-037,
817-14-011, 817-14-012, 817-14-014, 817-14-017, 817-14-019,
and 817-16-001) as proposed through Zoning Amendment,
ZA-14-10, Tennant/SEQ, to allow future development of sports,
recreation and leisure uses for an area approximately 109
acres:
a. Waive the first and second reading of the Ordinance; and
b. Introduce the Ordinance by title; and
10) Direct staff to proceed with the process to identify a
third-party entity to administer implementation of the Citywide
Agricultural Lands Preservation Program.
Estimated Time: 60 Minutes
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City Council Special - Regular Meeting July 15, 2015
Agenda
OTHER BUSINESS:
23 15-438 MORGAN HILL 2035: RDCS UPDATE WORKING GROUP
PROGRESS REPORT - MEETING #5
Recommendation: 1. Receive progress report; and
2. Provide input.
Estimated Time: 20 Minutes
FUTURE COUNCIL INITIATED AGENDA ITEMS:
Note: in accordance with Government Code Section 54954.2(a), there shall be no
discussion, debate and/or action taken on any request other than providing direction to
staff to place the matter of business on a future agenda.
ADJOURNMENT
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City Council Special - Regular Meeting July 15, 2015
Agenda
NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to
an open meeting, will be made available for public inspection at the City Clerk ’s Counter at City Hall located at
17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main
Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in
the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any
issue that is on this agenda, please complete a speaker request card located in the foyer of the Council
Chambers, and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your
name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to
the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest
to the public, you may do so by during the public comment portion of the meeting following the same procedure
described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City
Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council
who may plan an item on the agenda for a future City Council. Should your comments require Council action,
your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until
your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown
Act) Government Code §54950
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice
is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in
court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described
in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these
matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any
matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil
Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408)
779-7259, (408) 779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov.
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a
disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's
Office at (408)779-7259, (408)779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. Requests must be
made as early as possible and at least two-full business days before the start fo the meeting.
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City Council Special - Regular Meeting July 15, 2015
Agenda
City Council’s Priorities, Goals, and Strategies
2015
2015 Commitment
For 2015, the City Council is committed to remaining focused on existing planning efforts, projects, and initiatives
with an eye towards completing what has already been started.
Ongoing Priorities
The City Council is committed to providing high quality and sustainable services to the entire Morgan Hill
community. Fundamental to the City Council’s success are the ongoing priorities of:
- Enhancing public safety
- Protecting the environment
- Maintaining fiscal responsibility
- Supporting youth
- Fostering an organizational culture
- Preserving and cultivating public trust
2015 Focus Areas
In addition to the City Council’s priorities, eleven specific focus areas were recognized by the Council that require
significant resources in 2015.
- Stimulate economic development to increase jobs and expand the City's tax base
- Actively participate in regional issues for the benefit of Morgan Hill
- Develop an infrastructure funding and advocacy plan
- Evaluate, develop, and implement short and long term strategies to address the
environmental and financial impacts of drought conditions
- Continue our General Plan Update, Morgan Hill 2035, including updating and
incorporating the Residential Development Control System (RDCS)
- Advance revitalization of our downtown by completing our significant public
investment
- Implement Southeast Quadrant agricultural preservation and land use plans that
satisfy the Council’s goals by working cooperatively with landowners, public
agencies, and other stakeholders
- Develop a plan for ongoing and comprehensive support of senior services
- Advance regional transportation decisions that are consistent with the Council’s
position to best serve Morgan Hill by working with regional and state organizations
- Measure the effectiveness of community engagement efforts
- Facilitate maintaining and enhancing the provision of medical services in Morgan Hill
City of Morgan Hill Page 15 Printed on 7/15/2015
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