City Council
Regular MeetingMorgan Hill, CA · September 2, 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
7:00 PM Council Chamber
Wednesday, September 2, 2015
17555 Peak Avenue
Morgan Hill, CA 95037
CALL TO ORDER
Present: 5- Council Member Carr, Mayor Pro Tem Constantine, Council Member Librers,
Council Member Siebert, Mayor Tate
Absent: 0
ROLL CALL ATTENDANCE
DECLARATION OF POSTING OF AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CITY COUNCIL REPORTS
Council Member Librers shared that she and Mayor Tate recently hosted a luncheon for
our student visitors from our Sister City of Mizuho Town Japan. She also shared that
she, Mayor Tate, and City Attorney Gurza attended a seminar about email privacy and
learned that there is no such thing as a private email. She also represented the City at
the 40th anniversary of Vietnam refugees who came to America right before the
communist took over in Vietnam 40 years ago. She concluded by speaking about a
luncheon and a proclamation given by the City of San Jose celebrating women's right to
vote and also women in politics.
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City Council Meeting Minutes September 2, 2015
CITY MANAGER'S REPORT
City Manager Rymer recognized Elaine Collins for her outstanding customer service
with the RDCS application process by assisting 15 applicants get their submittals in
yesterday. He shared a couple opportunities for the community to get involved. On
September 12th, CERT will hold a sandbag filling day at the Corporation Yard located
on Edes Ct. Another opportunity for the community to get involved is the Coastal
cleanup day which will be held on September 19th.
He continued by thanking our community, specifically our downtown business for
working through the construction with all of us. The parking garage will have its final
major-pour next week, the easterly section on 3rd street is complete and re-opened,
and we are now starting work on the westerly section.
He concluded by speaking to the evenings supplements and presentations.
CITY ATTORNEY’S REPORT
City Attorney Gurza had no reports.
OTHER REPORTS
Mayor Tate clarified that the British Car show will be held on September 12th and 13th.
He announced that the next Coffee with Mayor will be held on Saturday, October 3rd
from 10:00 am to 11:30 am and will include the Assistant City Manager for Community
Development, Leslie Little and Public Works Director, Karl Bjarke.
PUBLIC COMMENT
Mayor Tate opened public comment, hearing no request to speak, public comment was
closed.
ADOPTION OF AGENDA
Action: On a motion by Council Member Constantine and seconded by Council Member Carr, adopting
the agenda. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Librers, Tate
Noes: 0
Absent: 1 - Siebert
CONSENT CALENDAR:
Approval of the Consent Calendar
Action: On a motion by Council Member Librers and seconded by Council Member Constantine
approving the Consent Calendar. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Librers, Tate
Noes: 0
Absent: 1 - Siebert
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1 15-507 ACCEPTANCE OF DOG PARK GATE AND FENCING PROJECT
2 15-508 ACCEPTANCE OF 2014-2015 PARKING LOT SEAL COAT PROJECT
3 15-516 ADOPT ORDINANCE 2159, NEW SERIES AN ORDINANCE OF THE
CITY OF MORGAN HILL AMENDING SECTIONS, 13.04.330
(WASTING OF WATER) AND 13.04.390 (ENFORCEMENT) OF
CHAPTER 13.04 (WATER SYSTEM) OF TITLE 13 (PUBLIC
SERVICES), AMENDING REGULATIONS PROHIBITING
NONESSENTIAL USE OF POTABLE WATER
4 15-517 ADOPT ORDINANCE 2160, NEW SERIES AN ORDINANCE OF THE
CITY OF MORGAN HILL AMENDING THE ZONING DESIGNATION OF
A 18.2 ACRE PARCEL LOCATED EAST OF HIGHWAY 101 AND ON
THE NORTH SIDE OF SAN PEDRO AVENUE BETWEEN MURPHY
AVENUE AND CONDIT ROAD (ASSESSOR PARCEL NUMBERS
817-12-006 AND 817-12-009) FROM CG GENERAL COMMERCIAL TO
R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
5 15-518 ADOPT ORDINANCE 2161, NEW SERIES AN ORDINANCE OF THE
CITY OF MORGAN HILL AMENDING THE DEVELOPMENT
AGREEMENT FOR APPLICATION DAA-09-05B:
COCHRANE-BORELLO INCORPORATING 15, FISCAL YEAR 2016-17
ALLOCATIONS (APN 728-34-008)
6 15-523 ADOPTION OF RESOLUTION TO AMEND PROFESSIONAL
SERVICES AGREEMENT TO PROVIDE TESTING SERVICES FOR
PUBLIC WORKS PROJECTS
7 15-542 AGREEMENT WITH SAN FRANCISCO SUPER BOWL 50 HOST
COMMITTEE
8 15-531 AWARD OF HARDING AVENUE SEWER TRUNK LINE PROJECT
9 15-532 CITY SPONSORHIP OF MORGAN HILL COMMUNITY
FOUNDATION’S PHILANTHROPY DAY EVENT AT THE COMMUNITY
AND CULTURAL CENTER
10 15-496 CONTINUANCE AND THIRD AMENDMENT TO AGREEMENT WITH
INNOVATIVE CLAIM SOLUTIONS, INC. TO PROVIDE THIRD PARTY
CLAIMS ADMINISTRATION FOR WORKERS’ COMPENSATION
11 15-524 FOURTH AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT TO PROVIDE INSPECTION SERVICES FOR PUBLIC
WORKS PROJECTS
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12 15-539 PARCEL MAP APPROVAL FOR BUTTERFIELD RETIREMENT
APPARTMENTS
13 15-553 PROFESSIONAL SERVICES CONTRACT WITH KEYSER MARSTON
ASSOCIATES FOR AFFORDABLE HOUSING IN-LIEU FEE AND NEW
CONSTRUCTION CONSTRAINT ASSESSMENT
14 15-533 REPORT OF EMERGENCY PURCHASE OF UNINTERRUPTABLE
POWER SUPPLY AND DOOR LATCH HARDWARE FOR THE POLICE
FACILITY
15 15-494 RESCIND AWARD OF EL TORO FIRE STATION KITCHEN REMODEL
PROJECT, REJECT ALL BIDS AND RE-BID PROJECT
16 15-545 RESOLUTION URGING THE STATE OF CALIFORNIA TO PROVIDE
NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL
TRANSPORTATION INFRASTUCTURE
17 15-529 REVISED COUNCIL POLICY NAMING OF CITY FACILITIES
18 15-546 SECOND AMENDMENT TO AGREEMENT FOR ADMINISTRATIVE
SERVICES TO SANTA CLARA VALLEY HABITAT AGENCY (CLERK
SERVICES AND INFORMATION SERVICES)
19 15-434 SETTLEMENT AND RELEASE OF FUTURE CLAIMS WITH SOUTH
COUNTY HOUSING CORPORATION AND AFFILIATES FOR
CERTAIN OUTSTANDING HOUSING MATTERS
20 15-549 UPDATE ON INCLUSIVE PLAYGROUND STATUS
Item pulled from consent fromt he public
Ronald Locicero was called to speak
Action: On a motion by Council Member Carr accepting update on the progress towards development of
an inclusive playground at Community Park. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Librers, Tate
Noes: 0
Absent: 1 - Siebert
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OTHER BUSINESS:
21 15-472 DISPOSITION AND DEVELOPMENT AGREEMENT WITH MONTEREY
& THIRD STREET ASSOCIATES, LLC
Principal Planner and Economic Development Manager Ramirez presented the staff
report.
Ken Rodriguez continued the presentation.
Action: On a motion by Council Member Carr and seconded by Council Member Constantine, Adopting
resolution 15-214 approving the Disposition and Development Agreement between the City of Morgan Hill
and Monterey & Third Street Associates, LLC. and delegating authority to the City Manager to execute
and administer the Agreement. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
22 15-536 JUNE 2015 FINANCIAL AND INVESTMENT REPORT
Assistant City Manager for Administrative Services Murphy presented the staff report.
Action: On a motion by Council Member Carr and seconded by Council Member Siebert, Accepting and
filing report. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
23 15-544 EAH FIRST AMENDMENT TO LOAN AGREEMENT FOR
DEVELOPMENT OF SCATTERED SITE HOUSING PROJECT
Housing Manager Garcia presented the staff report. Mayor
Tate opened public comment, hearing no request to speak, public comment was closed.
Action: On a motion by Council Member Carr and seconded by Council Member Constantine, adopting
resolution 15-215 Authorizing the City Manager to execute a First Amendment to the EAH Affordable
Housing Loan Agreement, and related financing documents to increase the loan from $3,622,000 to
$4,500,000 for the purpose of constructing the Morgan Hill Family multi-site affordable housing
development; and authorizing the City Manager to execute and administer a sale/transfer or financing
agreement to facilitate the City's contribution of the third site, Villa Ciolino "Parcel B", to EAH Housing.
The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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24 15-550 COUNCIL MEMBER MARILYN LIBRERS TRAVEL IN CONNECTION
WITH THE SILICON VALLEY MAYORS’ CHINA TRIP
Mayor Tate opened public comment. Hearing no request to speak, the public comment
was closed.
Action: On a motion by Council Member Siebert and seconded by Council Member Carr, adopting
resolution 15-216 authorizing Council Member Marilyn Librers to attend the Silicon Valley Mayors' China
Trip from September 19, 2015 through September 27, 2015 and authorizing the reimbursement of related
incidental expenses form the City Council budget in the General Fund in an amount not to exceed $2,000
and in accordance with applicable City policies and procedures. The motion passed by the following
vote:
Ayes: 4 - Carr, Constantine, Siebert, Tate
Noes: 0
Absent: 0
Recused: 1 - Librers
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PUBLIC HEARINGS:
25 15-520 URBAN SERVICE AREA ADJUSTMENT USA-05-02, ZONING
AMENDMENT ZA-11-13 AND MEMORANDUM OF UNDERSTANDING:
EDMUNDSON-OAK MEADOW PLAZA: A REQUEST TO EXPAND THE
URBAN SERVICES AREA BOUNDARY TO INCLUDE
APPROXIMATELY 20 ACRES AND TO ANNEX AND TO PRE-ZONE
THE APPROXIMATELY 52-ACRE PROPERTY TO ALLOW THE
FUTURE DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON THE
20 ACRE PORTION. THE PROJECT INCLUDES A MEMORANDUM
OF UNDERSTANDING (MOU). THE PROJECT, IDENTIFIED BY
ASSESSOR PARCEL NUMBERS 767-15-026, 767-19-028, 767-19-020,
AND 767-19-024 IS LOCATED NORTH OF WEST EDMUNDSON
AVENUE AND WEST OF SUNSET AVENUE
Community Development Director Crabtree presented the staff report
Mayor Tate opened the public hearing
Barton Hechtman spoke in favor
Bill McClintock spoke in favor
Sean Parent spoke in opposition
Alex Dininno spoke in opposition
Angelo Starink spoke in opposition
Aleks Vranicis spoke in opposition
Wayne Perrier spoke in opposition
Vern Delgatty spoke in favor
Jeff Pedersen spoke in opposition
Kevin Pfeil spoke in opposition
Paul Sperry spoke in opposition
Joy Thompson spoke in opposition
Kristy Sermersheim spoke in opposition Hearing
no further request to speak, the public hearing was closed
Action: On a motion by Council Member Constantine and seconded by Council Member Librers, adopting
resolution to approve the Memorandum of Understanding between the City and Applicant;
. The motion failed by the following vote:
Ayes: 2 - Constantine, Librers
Noes: 3 - Carr, Siebert, Tate
Absent: 0
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26 15-526 URBAN SERVICE AREA, USA 14-01/DEVELOPMENT AGREEMENT
DA-15-11: WATSONVILLE-HORDNESS: REQUESTS FOR APPROVAL
OF AN AMENDMENT TO THE CITY OF MORGAN HILL’S URBAN
SERVICE AREA BOUNDARY TO INCLUDE TWO VACANT PARCELS
TOTALING 11.06 ACRES, LOCATED ON THE SOUTH SIDE OF
WATSONVILLE ROAD IMMEDIATELY ADJACENT TO THE WEST
SIDE OF THE MUSHROOM FACILITY LOCATED AT 15440
WATSONVILLE RD. ALSO REQUESTED IS APPROVAL OF A
DEVELOPMENT AGREEMENT TO SECURE PUBLIC BENEFIT
COMMITMENT MADE WITH THE APPROVAL OF URBAN SERVICES
AREA BOUNDARY APPLICATION USA-96-01 AND CONSIDERATION
OF URBAN SERVICES AREA BOUNDARY APPLICATION USA-14-01.
THE SPECIFIC COMMITMENT IS FULL HALF-STREET
IMPROVEMENTS ALONG THE WATSONVILLE ROAD FRONTAGE
OF ASSESSOR PARCEL NUMBERS 779-04-052, 067, 075 AND 076,
WHICH ARE LOCATED IN THE SOUTHWEST QUADRANT OF THE
INTERSECTION OF WATSONVILLE ROAD AND MONTEREY ROAD
(ROYAL OAK ENTERPRISES, OWNER). CEQA: A MITIGATED
NEGATIVE DECLARATION HAS BEEN ADOPTED ON DECEMBER 7,
2011, FOR THE PROJECT AS PART OF AN EARLIER RELATED
APPLICATION REQUEST
Senior Planner Linder presented the staff report.
Mayor Tate opened teh Public Hearing
Barton Hechtman spoke in favor
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, adopting
resolution 15-217 approving Urban Service Area Amendment USA 14-01: Watsonville-Hordness;
. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Carr and seconded by Council Member Siebert, waiving first and
second reading of ordinance 2162 approving project Development Agreement, DA 15-11:
Watsonville-Hordness
. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Carr and seconded by Council Member Siebert, introducing
ordinance. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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27 15-538 USA-15-01: MONTEREY-CITY OF MORGAN HILL: A REQUEST TO
ADD 11 PARCELS (POSSIBLY 4 ADDITIONAL PARCELS DENOTED
WITH AN "*") INTO THE MORGAN HILL URBAN SERVICE AREA
(USA) BOUNDARY. SEVEN (7) OF THE 15 PARCELS ARE
CURRENTLY LOCATED WITHIN THE CITY LIMITS, BUT OUTSIDE
OF THE USA. THE PROPERTIES, IDENTIFIED BY ASSESSOR
PARCEL NUMBERS 779-04-005, -030, -072, -074, -073, -032, -033,
-010, -011*, -012*, -013*, -058*, -015, -016, AND -061 WHICH
INCLUDE THE OAKWOOD COUNTRY SCHOOL AND MORGAN HILL
BIBLE CHURCH, ARE GENERALLY LOCATED SOUTHEAST OF THE
INTERSECTION OF MONTEREY AND WATSONVILLE ROADS;
(JESSIE C. GARIBALDI TRUSTEE; JANIS ROSS TRUSTEE; KYUNG
SUH TRUSTEE; ULRICH WINGENS TRUSTEE; NMHCS; LORETTA C.
AND JAMES L. WILSON, TRUSTEE; PARVIZ EBADYPOUR
TRUSTEE; FRANK HUNT TRUSTEE ET AL., WILLIAM C. SLAGLE
JR., TORIBIO AND LUZ VALDIVIA, RODNEY L. BRAUGHTON
TRUSTEE, BAY AREA CHRYSANTHEMUM GROWERS
ASSOCIATION; MORAGAN HILL BIBLE CHURCH OF MORGAN HILL,
OWNERS). CEQA: MITIGATED NEGATIVE DECLARATION ADOPTED
DECEMBER 7, 2011.
Community Development Director Crabtree presented the staff repor
Mayor Tate opened the public hearing
Rod Braughton was called to speak and shared that he would be strongly opposed to
having his property annexed into the City
Marc Rauser was called to speak and spoke in favor
Public Hearing closed
Meeting went into Recess
Meeting Reconvened
Action: On a motion by Council Member Siebert and seconded by Council Member Constantine, adopting
resolution 15-218 approving Urban Service Area Amendment USA-15-01 including the 4 residential
parcels as recommended by the planning commission including language that the proposed cell tower
height not exceed City standards. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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28 15-537 ZA-15-12: BUTTERFIELD-MWEST: A ZONING AMENDMENT
APPLICATION REQUESTING APPROVAL TO REZONE THE
PROPERTY FROM AN INDUSTRIAL PLANNED UNIT DEVELOPMENT
TO THE R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT TO
SUPPORT THE FUTURE DEVELOPMENT OF MULTI-FAMILY
RESIDENTIAL UNITS. THE PROJECT SITE, IDENTIFIED BY
ASSESSOR PARCEL NUMBERS 726-25-061; -066, -067, -078, AND
-079 ARE LOCATED ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF JARVIS DRIVE AND MONTEREY HIGHWAY;
MWEST PROPCO XXIII, LLc; S.Z. AND MARY A. JAFRI, OWNERS.
CEQA: AN ENVIRONMENTAL IMPACT REPORT (EIR) HAS BEEN
PREVIOUSLY PREPARED.
Community Development Director Crabtree presented the staff report.
Public Hearing opened
Kerry Williams, applicant was called to speak and spoke in favor
Chantal Mailloux was called to speak and spoke in opposition
Rosemary Thompson was called to speak and spoke in opposition
Scott Unger was called to speak and spoke in opposition
Eugene Davis was called to speak and shared his concerns
Chad Froman, applicant was called to speak and spoke in favor
Tamsen Plume was called to speak and spoke in favor
hearing no further request to speak the public hearing was closed
Action: On a motion by Council Member Constantine and seconded by Council Member Carr, extending
the meeting until midnight. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Constantine, Waiving the
first and second reading of the Zoning Amendment Ordinance for ZA-15-12
. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Mayor Council Member Carr and seconded by Council Member Constantine,
Intreducing Zoning Amendment Ordinance 2163
. The motion passed by the following vote:
Ayes: 4 - Carr, Constantine, Librers, Siebert
Noes: 1 - Tate
Absent: 0
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29 15-540 CONSIDERATION OF AN ORDINANCE (ZA-15-10) OF THE CITY OF
MORGAN HILL ADDING A NEW CHAPTER 18.29 (STANDARDS FOR
MEDIUM DENSITY RESIDENTIAL DEVELOPMENT) TO TITLE 18
(ZONING) OF THE MORGAN HILL MUNICIPAL CODE, AND MAKING
RELATED AMENDMENTS TO SECTION 18.12.070 OF CHAPTER
18.12, SECTION 18.14.050 OF CHAPTER 18.14, SECTION 18.16.050
OF CHAPTER 18.16, ALL OF TITLE 18, AND AMENDING SECTION
17.34.060 (PRIVATE STREETS) AND ADDING A NEW SECTION
17.34.070 (ALLEYS) TO CHAPTER 17.34 (STANDARDS FOR
RESIDENTIAL AND PRIVATE STREETS) OF TITLE 17
(SUBDIVISIONS) OF THE MUNICIPAL CODE. CONSIDERATION OF
GENERAL PLAN TEXT AMENDMENT (GPA-15-01) TO THE
COMMUNITY DEVELOPMENT CHAPTER OF THE 2001 CITY OF
MORGAN HILL GENERAL PLAN TO AMEND THE DEFINITION OF
DENSITY AND AMEND TABLE 2 ON PAGE 16 OF THE GENERAL
PLAN
Senior Planner Paolini presented the report.
Mayor Tate opened the public hearing
Kerry Williams was called to speak and spoke in favor
Hearing no further request to speak the public hearing was closed
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, waiving
the first and second reading of the ordinance. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert,
introduciong Ordinance 2164 approving Zoning Amendment ZA-15-10
. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Siebert and seconded by Council Member Constantine, adopting
resolution 15-219 amending the General Plan text for GPA-15-01. The motion passed by the following
vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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OTHER BUSINESS:
30 15-522 ORDINANCE CLARIFYING THAT THE PROVISIONS OF SECTION
10.40.210 OF THE MORGAN HILL MUNICIPAL CODE APPLY TO
PUBLIC STREETS IN RESIDENTIAL AREAS
Mayor Tate opened public comment. Hearing no request to speak, public comment was
closed.
Action: On a motion by Council Member Siebert and seconded by Council Member Constantine, waiving
the first and second reading of ordinance
amending Morgan Hill Municipal Code Section 10.40.210. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Siebert and seconded by Council Member Constantine,
introducing Ordinance 2165 amending Morgan Hill Municipal Code Section 10.40.210 by title. The motion
passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
31 15-543 MORGAN HILL 2035: RDCS UPDATE WORKING GROUP
PROGRESS REPORT - MEETING #8
Community Development Director Crabtree presented the staff report.
Mayor Tate opened public comment. Hearing no request to speak the public comment
was closed.
32 15-483 MORGAN HILL 2035: NEW GENERAL PLAN POLICIES
Item was tabled to a future meeting
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PUBLIC HEARINGS:
33 15-525 DEVELOPMENT AGREEMENT APPLICATION DA 15-02:
CHURCH-PRESIDIO: A REQUEST FOR THE APPROVAL OF A
DEVELOPMENT AGREEMENT FOR A 12-UNIT SINGLE FAMILY
ATTACHED PROJECT PROPOSED ON A 1.66-ACRE PARCEL
LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION
OF SAN PEDRO AVENUE AND CHURCH STREET IN THE R-2
3,500/PD ZONING DISTRICT. THE PROJECT SITE IS IDENTIFIED BY
ASSESSOR PARCEL NUMBER 871-01-001 (PRESIDIO MANA
MONTEREY, OWNER). CEQA: A MITIGATED NEGATIVE
DECLARATION PREVIOUSLY ADOPTED.
Community Development Director Crabtree presented the staff report
Mayor Tate opened public comment
Bill McClintock was called to speak and made himself available to answer questions
Hearing no further request to speak, the public hearing closed
Action: On a motion by Council Member Siebert and seconded by Council Member Carr, waiving the first
and second reading of ordinance 2166 approving project Development Agreement DA 15-02:
Church-Presidio. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Siebert and seconded by Council Member Carr, introducing
ordinance 2166. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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City Council Meeting Minutes September 2, 2015
34 15-528 ZONING AMENDMENT, ZA-14-17, DEVELOPMENT AGREEMENT,
DA-14-06: COCHRANE - STANDARD PACIFIC: A ZONING
AMENDMENT, PRECISE DEVELOPMENT PLAN AND
DEVELOPMENT AGREEMENT FOR TWO PARCELS TOTALING
APPROXIMATELY 40 ACRES. THE ZONING WOULD BE AMENDED
FROM R-1-7,000 AND R-1-9,000 TO R-1-7,000 PD PLANNED
DEVELOPMENT AND R-1-9,000 PD PLANNED DEVELOPMENT
CONSISTENT WITH THE ADOPTED GENERAL PLAN. THE
PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF
COCHRANE ROAD AND MISSION VIEW BOULEVARD CEQA:
MITIGATED NEGATIVE DECLARATION ADOPTED
Senior Planner Paolini presented the staff report
Mayor Tate opened the public hearing
Ross Doyle was called to speak
Hearing no further reques to speak, the
public hearing was closed
Action: On a motion by Council Member Carr and seconded by Council Member Constantine, waiving the
first and second reading of Zoning Amendment
Ordinance 2167. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Carr and seconded by Council Member Constantine, introducing
Ordinance 2167 approving Zoning Amendment ZA-14-17. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Carr and seconded by Council Member Constantine, waiving the
first and second reading for the Development Agreement Ordinance 2168 with the changes to the
Housing needs and lot layout and orientation sections
. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Carr and seconded by Council Member Constantine, Introducing
Ordinance 2168 approving Development Agreement DA-14-06. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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City Council Meeting Minutes September 2, 2015
35 15-530 ZONING AMENDMENT, ZA-14-20, DEVELOPMENT AGREEMENT,
DA-14-09: COCHRANE - MONTEREY - KB GIPPETTI: A ZONING
AMENDMENT, PRECISE DEVELOPMENT PLAN AND
DEVELOPMENT AGREEMENT FOR ONE PARCEL TOTALING
APPROXIMATELY 4.37 ACRES. THE ZONING WOULD BE AMENDED
FROM CL-R LIGHT COMMERCIAL/RESIDENTIAL DISTRICT TO R-3
PD MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT
CONSISTENT WITH THE ADOPTED GENERAL PLAN. THE
PROPERTY IS LOCATED ON THE EAST SIDE OF MONTEREY ROAD
BETWEEN 17960 MONTEREY ROAD AND 18060 MONTEREY ROAD.
CEQA: AMENDMENT TO EIR PREPARED FOR THE FALL 2014
GENERAL PLAN AMENDMENT
Senior Planner Paolini presented the staff report.
Mayor Tate opened the public hearing
Michelle Fisk was called to speak and made herself available to answer any questions
Hearing no further request to speak the
public hearing was closed
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, Waiving
the first and second reading of the Zoning Amendment Ordinance 2169
. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert
introducing Ordinance 2169 approving Zoning Amendment ZA-14-20. The motion passed by the following
vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert waiving
the first and second reading of the Development Agreement ordinance 2170
. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Action: On a motion by Council Member Constantine and seconded by Council Member Siebert,
introducing Ordinance 2170 approving Development Agreement DA-14-09. The motion passed by the
following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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City Council Meeting Minutes September 2, 2015
FUTURE COUNCIL INITIATED AGENDA ITEMS:
Mayor Tate requests and item on the naming of aquatics center
Council Member Carr asked about a time frame to begin discussing Monterey Road and
traffic and speed control.
ADJOURNMENT
There being no further business, Mayor Tate adjourned the meeting.
MINUTES PREPARED BY:
Michelle Wilson, Deputy City Clerk
City of Morgan Hill Page 16 Printed on 12/18/2015
City Council Meeting Minutes September 2, 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.
City of Morgan Hill Page 17 Printed on 12/18/2015
City Council Meeting Minutes September 2, 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
City of Morgan Hill Page 18 Printed on 12/18/2015
Agenda
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, September 2, 2015 Council Chamber
7:00 PM 17555 Peak Avenue
Morgan Hill, CA 95037
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.
CALL TO ORDER
(Mayor Tate)
ROLL CALL ATTENDANCE
(Deputy City Clerk Wilson)
DECLARATION OF POSTING OF AGENDA
Per Government Code 54954.2
(Deputy City Clerk Wilson)
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CITY COUNCIL REPORTS
Council Member Librers
CITY MANAGER'S REPORT
CITY ATTORNEY’S REPORT
City of Morgan Hill Page 1 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
OTHER REPORTS
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
Item # Report #
1 15-507 ACCEPTANCE OF DOG PARK GATE AND FENCING
PROJECT
Recommendation: Adopt a resolution approving the following actions:
1. Accept the Dog Park Gate and Fencing Project in the final
amount of $14,911; and
2. Direct the City Clerk to file the attached Notice of Completion
with the County of Santa Clara's Recorder's Office
Item # Report #
2 15-508 ACCEPTANCE OF 2014-2015 PARKING LOT SEAL COAT
PROJECT
Recommendation: Adopt resolution approving the following actions:
1. Accept the 2014-2015 Parking Lot Seal Coat Project-Phase
2; and
2. Direct the City Clerk to file the attached Notice of Completion
with the County of Santa Clara's Recorder's Office.
City of Morgan Hill Page 2 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
3 15-516 ADOPT ORDINANCE 2159, NEW SERIES AN ORDINANCE
OF THE CITY OF MORGAN HILL AMENDING SECTIONS,
13.04.330 (WASTING OF WATER) AND 13.04.390
(ENFORCEMENT) OF CHAPTER 13.04 (WATER SYSTEM)
OF TITLE 13 (PUBLIC SERVICES), AMENDING
REGULATIONS PROHIBITING NONESSENTIAL USE OF
POTABLE WATER
Recommendation: Waive the reading, Adopt Ordinance No. 2159 New Series, and
Declare that said title, which appears on the Agenda, shall be
determined to have been read by Title and further reading
waived.
Item # Report #
4 15-517 ADOPT ORDINANCE 2160, NEW SERIES AN ORDINANCE
OF THE CITY OF MORGAN HILL AMENDING THE ZONING
DESIGNATION OF A 18.2 ACRE PARCEL LOCATED EAST
OF HIGHWAY 101 AND ON THE NORTH SIDE OF SAN
PEDRO AVENUE BETWEEN MURPHY AVENUE AND
CONDIT ROAD (ASSESSOR PARCEL NUMBERS 817-12-006
AND 817-12-009) FROM CG GENERAL COMMERCIAL TO
R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Recommendation: Waive the reading, Adopt Ordinance No. 2160 New Series, and
Declare that said title, which appears on the Agenda, shall be
determined to have been read by Title and further reading
waived.
Item # Report #
5 15-518 ADOPT ORDINANCE 2161, NEW SERIES AN ORDINANCE
OF THE CITY OF MORGAN HILL AMENDING THE
DEVELOPMENT AGREEMENT FOR APPLICATION
DAA-09-05B: COCHRANE-BORELLO INCORPORATING 15,
FISCAL YEAR 2016-17 ALLOCATIONS (APN 728-34-008)
Recommendation: Waive the reading, Adopt Ordinance No. 2161 New Series, and
Declare that said title, which appears on the Agenda, shall be
determined to have been read by Title and further reading
waived.
City of Morgan Hill Page 3 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
6 15-523 ADOPTION OF RESOLUTION TO AMEND PROFESSIONAL
SERVICES AGREEMENT TO PROVIDE TESTING SERVICES
FOR PUBLIC WORKS PROJECTS
Recommendation: Adopt resolution approving and authorizing the City Manager to
execute the first amendment to a professional services
agreement with RMA group in an amount of an additional
$50,000 to provide testing services on an as-needed basis for
public works projects.
Item # Report #
7 15-542 AGREEMENT WITH SAN FRANCISCO SUPER BOWL 50
HOST COMMITTEE
Recommendation: Adopt resolution authorizing the City Manager to enter into an
agreement with the San Francisco Super Bowl 50 Host
Committee to participate in the Super Communities Program.
Item # Report #
8 15-531 AWARD OF HARDING AVENUE SEWER TRUNK LINE
PROJECT
Recommendation: Adopt resolution to:
1. Approve an appropriation of $364,030 from the
Un-appropriated Sewer Impact Funds (Fund 641) to Project
308C15;
2. Approve Project Plans and Specifications;
3. Award Contract to Mountain Cascade, Inc. for the
Construction of the Harding Avenue Sewer Trunk Line Project in
the Amount of $1,777,300;
4. Authorize Expenditure of Construction Contingency Funds
Not to Exceed $177,730; and
5. Authorize the City Manager to Execute the Contract with
Mountain Cascade, Inc. for the Harding Avenue Sewer Trunk
Line Project.
City of Morgan Hill Page 4 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
9 15-532 CITY SPONSORHIP OF MORGAN HILL COMMUNITY
FOUNDATION’S PHILANTHROPY DAY EVENT AT THE
COMMUNITY AND CULTURAL CENTER
Recommendation: Adopt a resolution authorizing the City Manager to waive the
rental fee for the use of the Community and Cultural Center
facility for the Morgan Hill Community Foundation's Philanthropy
Day Event on November 13, 2015.
Item # Report #
10 15-496 CONTINUANCE AND THIRD AMENDMENT TO AGREEMENT
WITH INNOVATIVE CLAIM SOLUTIONS, INC. TO PROVIDE
THIRD PARTY CLAIMS ADMINISTRATION FOR WORKERS’
COMPENSATION
Recommendation: Adopt Resolution authorizing the City Manager to execute and
subsequently administer a Continuance and Third Amendment
to Agreement with Innovative Claim Solutions, Inc to provide
third party claims administration for workers' compensation in an
amount not to exceed $169,912 in the aggregate.
Item # Report #
11 15-524 FOURTH AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT TO PROVIDE INSPECTION SERVICES FOR
PUBLIC WORKS PROJECTS
Recommendation: Adopt a resolution approving and authorizing the City Manager
to execute the fourth amendment to a professional services
agreement with CSG Consultants, Inc. in an amount of an
additional $100,000 to provide inspection services on an
as-needed basis.
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City Council Regular Meeting Agenda September 2, 2015
Item # Report #
12 15-539 PARCEL MAP APPROVAL FOR BUTTERFIELD
RETIREMENT APPARTMENTS
Recommendation: Adopt Resolution approving the following actions:
1. Approve Parcel Map authorizing the abandonment of the
unused portion of a public street easement;
2. Authorize City Clerk to sign the Parcel Map authorizing
abandonment of the unused portion of a public street easement.
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 Parcel Map and Stormwater
BMP Operations and Maintenance Agreement.
Item # Report #
13 15-553 PROFESSIONAL SERVICES CONTRACT WITH KEYSER
MARSTON ASSOCIATES FOR AFFORDABLE HOUSING
IN-LIEU FEE AND NEW CONSTRUCTION CONSTRAINT
ASSESSMENT
Recommendation: Adopt resolution approving a not-to-exceed $32,000 contract
with Keyser Marston Associates for the review of the affordable
housing in-lieu fee and new construction constraint assessment
and authorizing the City Manager to execute and administer the
contract in accordance with its terms.
Item # Report #
14 15-533 REPORT OF EMERGENCY PURCHASE OF
UNINTERRUPTABLE POWER SUPPLY AND DOOR LATCH
HARDWARE FOR THE POLICE FACILITY
Recommendation: 1. Accept report regarding emergency purchase of an
Uninterruptable Power Supply (UPS) and door latch hardware
for the Police Facility, as provided for under Morgan Hill
Municipal Code Section 3.04.160 regarding emergency
purchases; and
2. Adopt resolution approving an amendment to City's annual
budget to appropriate $55,276 in City's General Fund (Fund
010) for Police Support Services for this emergency purchase.
City of Morgan Hill Page 6 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
15 15-494 RESCIND AWARD OF EL TORO FIRE STATION KITCHEN
REMODEL PROJECT, REJECT ALL BIDS AND RE-BID
PROJECT
Recommendation: 1. Adopt Resolution Rescinding Resolution 15-146 awarding the
contract to Santa Clara Valley Construction for the El Toro Fire
Station Kitchen Remodel project;
2. Reject all bids and direct staff to re-bid the El Toro Fire
Station Kitchen Remodel project.
Item # Report #
16 15-545 RESOLUTION URGING THE STATE OF CALIFORNIA TO
PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND
LOCAL TRANSPORTATION INFRASTUCTURE
Recommendation: Adopt resolution urging the State of California to provide new
sustainable funding for state and local transportation
infrastructure.
Item # Report #
17 15-529 REVISED COUNCIL POLICY NAMING OF CITY FACILITIES
Recommendation: Adopt a resolution approving revisions to Council Policy 04-02,
Naming of City Facilities, to define the type of elected office
served.
Item # Report #
18 15-546 SECOND AMENDMENT TO AGREEMENT FOR
ADMINISTRATIVE SERVICES TO SANTA CLARA VALLEY
HABITAT AGENCY (CLERK SERVICES AND INFORMATION
SERVICES)
Recommendation: Adopt resolution to approve a Second Amendment to
Agreement for Administrative Services to Santa Clara Valley
Habitat Agency to revise the scope of services provided by the
City Clerk and City's Information Services Division.
City of Morgan Hill Page 7 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
19 15-434 SETTLEMENT AND RELEASE OF FUTURE CLAIMS WITH
SOUTH COUNTY HOUSING CORPORATION AND
AFFILIATES FOR CERTAIN OUTSTANDING HOUSING
MATTERS
Recommendation: Adopt resolution directing and authorizing the City Manager to
take actions needed, including the execution of agreements, to
effect the following proposed transactions:
1. Accept Villa Ciolino Parcel B ($366,359) as consideration for
termination of Villa Ciolino Parcel "B" outstanding loan $179,062
and outstanding Madrone Plaza loan $140,412, collectively
$319,475, and
2. Accept two payments $252,822 and $42,582, collectively
$295,404 from Crest Avenue Associates as Consideration for
Viale Loan ($364,384) and Madrone Plaza Unsecured
Deficiency Note ($214,465) recorded 12/19/12 with the sale of
Madrone Parcel #3.
Item # Report #
20 15-549 UPDATE ON INCLUSIVE PLAYGROUND STATUS
Recommendation: Receive update on the progress towards development of an
inclusive playground at Community Park.
OTHER BUSINESS:
Item # Report #
21 15-472 DISPOSITION AND DEVELOPMENT AGREEMENT WITH
MONTEREY & THIRD STREET ASSOCIATES, LLC
Recommendation: Adopt resolution approving the Disposition and Development
Agreement between the City of Morgan Hill and Monterey &
Third Street Associates, LLC. and delegating authority to the
City Manager to execute and administer the Agreement.
Estimated Time: 15 Minutes
Item # Report #
22 15-536 JUNE 2015 FINANCIAL AND INVESTMENT REPORT
Recommendation: Accept and file report.
Estimated Time: 5 Minutes
City of Morgan Hill Page 8 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
23 15-544 EAH FIRST AMENDMENT TO LOAN AGREEMENT FOR
DEVELOPMENT OF SCATTERED SITE HOUSING PROJECT
Recommendation: Adopt resolution:
1. Authorizing the City Manager to execute a First Amendment
to the EAH Affordable Housing Loan Agreement, and related
financing documents to increase the loan from $3,622,000 to
$4,500,000 for the purpose of constructing the Morgan Hill
Family multi-site affordable housing development; and
2. Authorizing the City Manager to execute and administer a
sale/transfer or financing agreement to facilitate the City's
contribution of the third site, Villa Ciolino "Parcel B", to EAH
Housing.
Estimated Time: 5 Minutes
Item # Report #
24 15-550 COUNCIL MEMBER MARILYN LIBRERS TRAVEL IN
CONNECTION WITH THE SILICON VALLEY MAYORS’
CHINA TRIP
Recommendation: Adopt resolution authorizing Council Member Marilyn Librers to
attend the Silicon Valley Mayors' China Trip from September 19,
2015 through September 27, 2015 and authorizing the
reimbursement of related incidental expenses form the City
Council budget in the General Fund in an amount not to exceed
$2,000 and in accordance with applicable City policies and
procedures.
Estimated Time: 5 Minutes
City of Morgan Hill Page 9 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
PUBLIC HEARINGS:
Item # Report #
25 15-520 URBAN SERVICE AREA ADJUSTMENT USA-05-02, ZONING
AMENDMENT ZA-11-13 AND MEMORANDUM OF
UNDERSTANDING: EDMUNDSON-OAK MEADOW PLAZA: A
REQUEST TO EXPAND THE URBAN SERVICES AREA
BOUNDARY TO INCLUDE APPROXIMATELY 20 ACRES AND
TO ANNEX AND TO PRE-ZONE THE APPROXIMATELY
52-ACRE PROPERTY TO ALLOW THE FUTURE
DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON THE
20 ACRE PORTION. THE PROJECT INCLUDES A
MEMORANDUM OF UNDERSTANDING (MOU). THE
PROJECT, IDENTIFIED BY ASSESSOR PARCEL NUMBERS
767-15-026, 767-19-028, 767-19-020, AND 767-19-024 IS
LOCATED NORTH OF WEST EDMUNDSON AVENUE AND
WEST OF SUNSET AVENUE
Recommendation: 1. Open and Close public hearing;
2. Adopt resolution to approve the Memorandum of
Understanding between the City and Applicant;
3. Adopt resolution to approve the Urban Service Area
Adjustment USA-05-02;
4. Waive the first and second reading of the Zoning Amendment
Ordinance ZA-11-13; and
5. Introduce the Zoning Amendment Ordinance ZA-11-13
Estimated Time: 60 Minutes
City of Morgan Hill Page 10 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
26 15-526 URBAN SERVICE AREA, USA 14-01/DEVELOPMENT
AGREEMENT DA-15-11: WATSONVILLE-HORDNESS:
REQUESTS FOR APPROVAL OF AN AMENDMENT TO THE
CITY OF MORGAN HILL’S URBAN SERVICE AREA
BOUNDARY TO INCLUDE TWO VACANT PARCELS
TOTALING 11.06 ACRES, LOCATED ON THE SOUTH SIDE
OF WATSONVILLE ROAD IMMEDIATELY ADJACENT TO
THE WEST SIDE OF THE MUSHROOM FACILITY LOCATED
AT 15440 WATSONVILLE RD. ALSO REQUESTED IS
APPROVAL OF A DEVELOPMENT AGREEMENT TO
SECURE PUBLIC BENEFIT COMMITMENT MADE WITH THE
APPROVAL OF URBAN SERVICES AREA BOUNDARY
APPLICATION USA-96-01 AND CONSIDERATION OF
URBAN SERVICES AREA BOUNDARY APPLICATION
USA-14-01. THE SPECIFIC COMMITMENT IS FULL
HALF-STREET IMPROVEMENTS ALONG THE
WATSONVILLE ROAD FRONTAGE OF ASSESSOR PARCEL
NUMBERS 779-04-052, 067, 075 AND 076, WHICH ARE
LOCATED IN THE SOUTHWEST QUADRANT OF THE
INTERSECTION OF WATSONVILLE ROAD AND MONTEREY
ROAD (ROYAL OAK ENTERPRISES, OWNER). CEQA: A
MITIGATED NEGATIVE DECLARATION HAS BEEN
ADOPTED ON DECEMBER 7, 2011, FOR THE PROJECT AS
PART OF AN EARLIER RELATED APPLICATION REQUEST
Recommendation: 1. Open/close public hearing;
2. Adopt resolution approving Urban Service Area Amendment
USA 14-01: Watsonville-Hordness;
3. Waive first and second reading of ordinance approving
project Development Agreement, DA 15-11:
Watsonville-Hordness; and
4. Introduce ordinance.
Estimated Time: 20 minutes
City of Morgan Hill Page 11 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
27 15-538 USA-15-01: MONTEREY-CITY OF MORGAN HILL: A
REQUEST TO ADD 11 PARCELS (POSSIBLY 4 ADDITIONAL
PARCELS DENOTED WITH AN "*") INTO THE MORGAN
HILL URBAN SERVICE AREA (USA) BOUNDARY. SEVEN (7)
OF THE 15 PARCELS ARE CURRENTLY LOCATED WITHIN
THE CITY LIMITS, BUT OUTSIDE OF THE USA. THE
PROPERTIES, IDENTIFIED BY ASSESSOR PARCEL
NUMBERS 779-04-005, -030, -072, -074, -073, -032, -033,
-010, -011*, -012*, -013*, -058*, -015, -016, AND -061 WHICH
INCLUDE THE OAKWOOD COUNTRY SCHOOL AND
MORGAN HILL BIBLE CHURCH, ARE GENERALLY
LOCATED SOUTHEAST OF THE INTERSECTION OF
MONTEREY AND WATSONVILLE ROADS; (JESSIE C.
GARIBALDI TRUSTEE; JANIS ROSS TRUSTEE; KYUNG
SUH TRUSTEE; ULRICH WINGENS TRUSTEE; NMHCS;
LORETTA C. AND JAMES L. WILSON, TRUSTEE; PARVIZ
EBADYPOUR TRUSTEE; FRANK HUNT TRUSTEE ET AL.,
WILLIAM C. SLAGLE JR., TORIBIO AND LUZ VALDIVIA,
RODNEY L. BRAUGHTON TRUSTEE, BAY AREA
CHRYSANTHEMUM GROWERS ASSOCIATION; MORAGAN
HILL BIBLE CHURCH OF MORGAN HILL, OWNERS). CEQA:
MITIGATED NEGATIVE DECLARATION ADOPTED
DECEMBER 7, 2011.
Recommendation: 1. Open/Close Public Hearing
2. Adopt resolution approving Urban Service Area Amendment
USA-15-01
Estimated Time: 30 Minutes
City of Morgan Hill Page 12 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
28 15-537 ZA-15-12: BUTTERFIELD-MWEST: A ZONING AMENDMENT
APPLICATION REQUESTING APPROVAL TO REZONE THE
PROPERTY FROM AN INDUSTRIAL PLANNED UNIT
DEVELOPMENT TO THE R-3 MEDIUM DENSITY
RESIDENTIAL DISTRICT TO SUPPORT THE FUTURE
DEVELOPMENT OF MULTI-FAMILY RESIDENTIAL UNITS.
THE PROJECT SITE, IDENTIFIED BY ASSESSOR PARCEL
NUMBERS 726-25-061; -066, -067, -078, AND -079 ARE
LOCATED ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF JARVIS DRIVE AND MONTEREY
HIGHWAY; MWEST PROPCO XXIII, LLc; S.Z. AND MARY A.
JAFRI, OWNERS. CEQA: AN ENVIRONMENTAL IMPACT
REPORT (EIR) HAS BEEN PREVIOUSLY PREPARED.
Recommendation: 1. Open/Close Public Hearing;
2. Waive the first and second reading of the Zoning Amendment
Ordinance for ZA-15-12; and
3. Introduce Zoning Amendment Ordinance.
4. Confirm "master plan" (concept plan) goal
Estimated Time: 20 Minutes
City of Morgan Hill Page 13 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
29 15-540 CONSIDERATION OF AN ORDINANCE (ZA-15-10) OF THE
CITY OF MORGAN HILL ADDING A NEW CHAPTER 18.29
(STANDARDS FOR MEDIUM DENSITY RESIDENTIAL
DEVELOPMENT) TO TITLE 18 (ZONING) OF THE MORGAN
HILL MUNICIPAL CODE, AND MAKING RELATED
AMENDMENTS TO SECTION 18.12.070 OF CHAPTER 18.12,
SECTION 18.14.050 OF CHAPTER 18.14, SECTION 18.16.050
OF CHAPTER 18.16, ALL OF TITLE 18, AND AMENDING
SECTION 17.34.060 (PRIVATE STREETS) AND ADDING A
NEW SECTION 17.34.070 (ALLEYS) TO CHAPTER 17.34
(STANDARDS FOR RESIDENTIAL AND PRIVATE STREETS)
OF TITLE 17 (SUBDIVISIONS) OF THE MUNICIPAL CODE.
CONSIDERATION OF GENERAL PLAN TEXT AMENDMENT
(GPA-15-01) TO THE COMMUNITY DEVELOPMENT
CHAPTER OF THE 2001 CITY OF MORGAN HILL GENERAL
PLAN TO AMEND THE DEFINITION OF DENSITY AND
AMEND TABLE 2 ON PAGE 16 OF THE GENERAL PLAN
Recommendation: 1. Open/Close Public Hearing;
2. Waive the first and second reading of the Ordinance;
3. Introduce Ordinance approving Zoning Amendment ZA-15-
10; and
4. Adopt resolution amending the General Plan text for GPA-15-
01
Estimated Time: 30 Minutes
OTHER BUSINESS:
Item # Report #
30 15-522 ORDINANCE CLARIFYING THAT THE PROVISIONS OF
SECTION 10.40.210 OF THE MORGAN HILL MUNICIPAL
CODE APPLY TO PUBLIC STREETS IN RESIDENTIAL
AREAS
Recommendation: 1. Open/Close Public Hearing;
2. Waive the first and second reading of the Ordinance
amending Morgan Hill Municipal Code Section 10.40.210; and
3. Introduce an Ordinance amending Morgan Hill Municipal
Code Section 10.40.210 by title.
Estimated Time: 5 Minutes
City of Morgan Hill Page 14 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
31 15-543 MORGAN HILL 2035: RDCS UPDATE WORKING GROUP
PROGRESS REPORT - MEETING #8
Recommendation: 1. Receive progress report; and
2. Provide input.
Estimated Time: 15 Minutes
Item # Report #
32 15-483 MORGAN HILL 2035: NEW GENERAL PLAN POLICIES
Recommendation: Provide input on proposed General Plan policy additions
Estimated Time: 30 Minutes
PUBLIC HEARINGS:
Item # Report #
33 15-525 DEVELOPMENT AGREEMENT APPLICATION DA 15-02:
CHURCH-PRESIDIO: A REQUEST FOR THE APPROVAL OF
A DEVELOPMENT AGREEMENT FOR A 12-UNIT SINGLE
FAMILY ATTACHED PROJECT PROPOSED ON A 1.66-ACRE
PARCEL LOCATED ON THE NORTHWEST CORNER OF THE
INTERSECTION OF SAN PEDRO AVENUE AND CHURCH
STREET IN THE R-2 3,500/PD ZONING DISTRICT. THE
PROJECT SITE IS IDENTIFIED BY ASSESSOR PARCEL
NUMBER 871-01-001 (PRESIDIO MANA MONTEREY,
OWNER). CEQA: A MITIGATED NEGATIVE DECLARATION
PREVIOUSLY ADOPTED.
Recommendation: 1. Open/close public hearing;
2. Waive first and second reading of ordinance approving
project Development Agreement DA 15-02: Church-Presidio;
and
3. Introduce ordinance.
Estimated Time: 10 minutes
City of Morgan Hill Page 15 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
34 15-528 ZONING AMENDMENT, ZA-14-17, DEVELOPMENT
AGREEMENT, DA-14-06: COCHRANE - STANDARD
PACIFIC: A ZONING AMENDMENT, PRECISE
DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT
FOR TWO PARCELS TOTALING APPROXIMATELY 40
ACRES. THE ZONING WOULD BE AMENDED FROM
R-1-7,000 AND R-1-9,000 TO R-1-7,000 PD PLANNED
DEVELOPMENT AND R-1-9,000 PD PLANNED
DEVELOPMENT CONSISTENT WITH THE ADOPTED
GENERAL PLAN. THE PROPERTY IS LOCATED ON THE
NORTHEAST CORNER OF COCHRANE ROAD AND
MISSION VIEW BOULEVARD CEQA: MITIGATED NEGATIVE
DECLARATION ADOPTED
Recommendation: 1. Open/Close Public Hearing;
2. Waive the first and second reading of the Zoning Amendment
Ordinance;
3. Introduce Ordinance approving Zoning Amendment
ZA-14-17;
4. Waive the first and second reading of the Development
Agreement Ordinance; and
5. Introduce Ordinance approving Development Agreement
DA-14-06.
Estimated Time: 15 Minutes
City of Morgan Hill Page 16 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 2015
Item # Report #
35 15-530 ZONING AMENDMENT, ZA-14-20, DEVELOPMENT
AGREEMENT, DA-14-09: COCHRANE - MONTEREY - KB
GIPPETTI: A ZONING AMENDMENT, PRECISE
DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT
FOR ONE PARCEL TOTALING APPROXIMATELY 4.37
ACRES. THE ZONING WOULD BE AMENDED FROM CL-R
LIGHT COMMERCIAL/RESIDENTIAL DISTRICT TO R-3 PD
MEDIUM DENSITY RESIDENTIAL PLANNED
DEVELOPMENT CONSISTENT WITH THE ADOPTED
GENERAL PLAN. THE PROPERTY IS LOCATED ON THE
EAST SIDE OF MONTEREY ROAD BETWEEN 17960
MONTEREY ROAD AND 18060 MONTEREY ROAD. CEQA:
AMENDMENT TO EIR PREPARED FOR THE FALL 2014
GENERAL PLAN AMENDMENT
Recommendation: 1. Open/Close Public Hearing;
2. Waive the first and second reading of the Zoning Amendment
Ordinance;
3. Introduce Ordinance approving Zoning Amendment
ZA-14-20;
4. Waive the first and second reading of the Development
Agreement Ordinance; and
5. Introduce Ordinance approving Development Agreement
DA-14-09.
Estimated Time: 15 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
City of Morgan Hill Page 17 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 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.
City of Morgan Hill Page 18 Printed on 9/2/2015
City Council Regular Meeting Agenda September 2, 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
City of Morgan Hill Page 19 Printed on 9/2/2015
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