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City Council

Regular Meeting

Morgan Hill, CA · September 2, 2015

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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. City of Morgan Hill Page 1 Printed on 12/18/2015 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 City of Morgan Hill Page 2 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 3 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 4 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 5 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 6 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 7 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 8 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 9 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 10 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 11 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 12 Printed on 12/18/2015 City Council Meeting Minutes September 2, 2015 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 City of Morgan Hill Page 13 Printed on 12/18/2015 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 City of Morgan Hill Page 14 Printed on 12/18/2015 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 City of Morgan Hill Page 15 Printed on 12/18/2015 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. City of Morgan Hill Page 5 Printed on 9/2/2015 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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