City Council
Regular MeetingMorgan Hill, CA · October 7, 2015
Minutes
City of Morgan Hill
Meeting Minutes
City Council
Steve Tate ~ Mayor
Rich Constantine ~ Mayor Pro Tem
Gordon Siebert ~ Council Member
Marilyn Librers ~ Council Member
Larry Carr ~ Council Member
5:30 PM Council Chamber
Wednesday, October 7, 2015
17555 Peak Avenue
Morgan Hill, CA 95037
SPECIAL CITY COUNCIL MEETING
(5:30 CITY COUNCIL/PLANNING COMMISSION WORKSHOP / 7:00 P.M.
REGULAR MEETING)
5:30 P.M.
CALL TO ORDER
ROLL CALL ATTENDANCE
Present: 5- Council Member Carr, Mayor Pro Tem Constantine, Council Member Librers,
Council Member Siebert, Mayor Tate
Absent: 0
DECLARATION OF POSTING OF AGENDA
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City Council Meeting Minutes October 7, 2015
JOINT PLANNING COMMISSION/CITY COUNCIL WORKSHOP
1 15-623 MORGAN HILL 2035: RDCS UPDATE CITY COUNCIL/PLANNING
COMMISSION STUDY SESSION
Review, discuss, and provide feedback on the Working Draft of the Residential Development Control
System (RDCS) Update.
REGULAR CITY COUNCIL MEETING
7:00 P.M.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CITY COUNCIL REPORTS
Council Member Carr spoke about the Valley Transportation Authority's VTP 2040 Long
Range Plan and Envision Silicon Valley. The plan is moving on the the board level and
may become the basis a tax measure in 2016 that we should all be looking at and
paying attention to. He also spoke about two items that were discussed at the South
County Regional Wastewater Authority meeting which were: 1. The opportunity to put
solar on the plant site to help out with the energy cost of that plant which is very
expensive and 2. How we might be able to get what is called a scalping plant to have
recycled water in Morgan Hill and use recycled water for appropriate uses in Morgan
Hill, working with the Water District on how we may be able to accomplish that.
CITY MANAGER'S REPORT
City Manager Rymer recognized Captain Jerry Neumyer for being one of the fist officers
in a number of years to go through the FBI National Academy in Quantico. He
continued to encourage everyone to visit our downtown during this time of construction.
He announced the Downtown Association's Brew Crawl this weekend and invited
everyone to the kickoff for the 2016 Women's Open which will happen at the Pop-Up
Park at 4:00 p.m. and it is a celebration of the events coming to South County. he
continued by announcing the 9th annual Get Fit Event at the Centennial Recreation
Center at 9:00 am. He concluded by speaking on the evening's supplements.
CITY ATTORNEY’S REPORT
No report.
OTHER REPORTS
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City Council Meeting Minutes October 7, 2015
PRESENTATIONS
15-660 Highway 101 Ramp Metering
David Kobayashi, VTA - Lester Lee, Caltrans - Kevin Chen - MTC
PROCLAMATIONS
15-662 Proclaiming the week of October 4-10, 2015 as Fire Prevention Week
Proclaiming October 9, 2015 as "Live Oak Champions / Coach Darrel Guthrie Day"
PUBLIC COMMENT
Mayor Tate opened public comment
Joseph Carrillo was called to speak
Hearing no further request to speak, the public hearing was closed.
ADOPTION OF AGENDA
On a motion by Council Member Constantine and seconded by Council Member Siebert, adopting the
agenda. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
CONSENT CALENDAR:
Action: On a motion by Council Member Siebert and seconded by Council Member Carr, approving
consent calendar items 2-14 and 17-20. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
2 15-622 2015 HOMELESS CENSUS AND SURVEY POINT IN TIME (PIT)
COUNT
3 15-619 ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS FOR
CONNEMARA PHASE 1 - TRACT 10185
4 15-604 ACCEPTANCE OF CENTENNIAL RECREATION CENTER (CRC)
DOMESTIC HOT WATER SOFTENER PROJECT
5 15-611 ACCEPTANCE OF THE 2014 PAVEMENT RESURFACING PROJECT
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City Council Meeting Minutes October 7, 2015
6 15-625 ADOPT ORDINANCE 2162 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORGAN HILL APPROVING A DEVELOPMENT
AGREEMENT FOR APPLICATION DA-15-11:
WATSONVILLE-HORDNESS (APNs 779-04-052, 067, 075 & 076)
7 15-626 ADOPT ORDINANCE 2163 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING THE ZONING DESIGNATION OF AN
APPROXIMATELY 19.5 ACRE PORTION OF AN APPROXIMATELY 31
ACRE SITE LOCATED ON THE SOUTH SIDE OF JARVIS DRIVE
BETWEEN MONTEREY ROAD AND BUTTERFILED BOULEVARD
(ASSESSOR PARCEL NUMBERS 726-25-061; -066, -067, -078, AND
-079) FROM INDUSTRIAL PLANNED UNIT DEVELOPMENT TO R-3
MEDIUM DENSITY RESIDENTIAL DISTRICT
8 15-627 ADOPT ORDINANCE 2164 AN ORDINANCE 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 SAID 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, ALL RELATED to
SETTING FORTH DEVELOPMENT STANDARDS AND
REGULATIONS FOR MEDIUM DENSITY RESIDENTIAL
DEVELOPMENT AND UPDATING RELATED REGULATIONS
PERTAINING TO PRIVATE STREETS AND ALLEYS
9 15-629 ADOPT ORDINANCE 2165 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING SECTION 10.40.210 OF CHAPTER 10.40
OF TITLE 10 OF THE MORGAN HILL MUNICIPAL CODE TO CLARIFY
THAT THE PROVISIONS OF THE SECTION APPLY TO THE
PARKING OF OVERSIZED VEHICLES ON RESIDENTIAL STREETS
10 15-631 ADOPT ORDINANCE 2166 AN ORDINANCE OF THE CITY OF
MORGAN HILL APPROVING A DEVELOPMENT AGREEMENT FOR
APPLICATION DA-15-02: SAN PEDRO-PRESIDIO (APN 817-01-001)
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11 15-632 ADOPT ORDINANCE 2167 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING THE ZONING DESIGNATION OF AN
APPROXIMATE 40-ACRE SITE FROM R1-9,000 AND R1-7,000 TO
R1-9,000(PD) AND R1-7000(PD) AND ADOPT A PRECISE
DEVELOPMENT PLAN FOR A 135-UNIT RESIDENTIAL
DEVELOPMENT ON A 40-ACRE SITE LOCATED ON THE NORTH
SIDE OF COCHRANE ROAD, EAST OF MISSION VIEW BOULEVARD
(APN 726-36-013 & 726-36-014)
12 15-633 ADOPT ORDINANCE 2168 AN ORDINANCE OF THE CITY OF
MORGAN HILL APPROVING A DEVELOPMENT AGREEMENT FOR
APPLICATION DA-14-06: COCHRANE - STANDARD PACIFIC
(STANDARD PACIFIC CORP - NORTHERN CALIFORNIA) (APNs
728-36-013 and 728-36-014)
13 15-635 ADOPT ORDINANCE 2169 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING THE ZONING DESIGNATION OF AN
APPROXIMATE 4.37-ACRE SITE FROM CL-R TO R3 (PD) AND
ADOPT A PRECISE DEVELOPMENT PLAN FOR A 58-UNIT
RESIDENTIAL DEVELOPMENT ON A 4.37-ACRE SITE LOCATED ON
THE EAST SIDE OF MONTEREY ROAD NORTH OF WRIGHT
AVENUE (APN 726-25-004)
14 15-634 ADOPT ORDINANCE 2170 AN ORDINANCE OF THE CITY OF
MORGAN HILL APPROVING A DEVELOPMENT AGREEMENT
APPLICATION DA-14-09: MONTEREY - KB GIPPETTI (KB HOME)
(APN 726-25-004)
15 15-637 ADOPT ORDINANCE 2171 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING SECTION 2.08.040 OF CHAPTER 2.08 OF
TITLE 2 OF THE MORGAN HILL MUNICIPAL CODE TO MODIFY THE
POWERS AND DUTIES OF THE CITY MANAGER
City Attorney Gurza presented the staff report
On a motion by Council Member Siebert and Seconded by Council Member Librers Waiving the reading,
adopting Ordinance No. 2171 New Series, and declaring that said title, which appears on the agenda,
shall be determined to have been read by title and further reading waived. The motion passed by the
following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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16 15-642 ADOPT ORDINANCE 2172 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING CHAPTER 3.04 (PURCHASING) OF TITLE
3 (REVENUE AND FINANCE) OF THE MORGAN HILL MUNICIPAL
CODE SETTING FORTH PROVISIONS GOVERNING THE
PURCHASE OF GOODS AND SERVICES
On a motion by Council Member Siebert and seconded by Council Member Librers, waiving the reading,
adopting Ordinance No. 2172 New Series, and declaring that said title, which appears on the agenda,
shall be determined to have been read by title and further reading waived. The motion passed by the
following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
17 15-612 AUTHORIZE APPROVAL OF FISCAL YEAR 2015-16 SCHOOL
RESOURCE OFFICER AGREEMENT WITH MORGAN HILL UNIFIED
SCHOOL DISTRICT
18 15-615 AWARD MONTEREY ROAD SEWER VAULT COATING PROJECT
19 15-638 CONSULTANT AGREEMENT WITH ZUCKER SYSTEMS FOR
REVIEW OF DEVELOPMENT SERVICES FUNCTION
20 15-618 SUPPLEMENTAL AGREEMENT WITH UNION PACIFIC RAILROAD
FOR TILTON AVENUE/UPRR PEDESTRIAN SAFETY
IMPROVEMENTS
OTHER BUSINESS:
27 15-641 ELECTION AND INITIATIVE PETITION COST
Deputy City Clerk Wilson presented the staff report.
Direction provided to staff, no action taken.
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PUBLIC HEARINGS:
21 15-616 2015 WEED AND BRUSH ABATEMENT PROGRAM ASSESSMENT
REPORT - ADDITIONAL PROGRAM CHARGES
Program Administrator Eulo presented the staff report.
Mayor Tate opened the public hearing
Mo Cumry
Hearing no further request to speak, the public hearing was closed.
On a motion by Council Member Siebert and seconded by Council Member Librers adopting resolution
15-236 ordering the final report on the 2015 Weed and Brush Abatement Program Assessment Report -
program charges be transmitted to the Santa Clara County Assessor's Office and that liens be posted
against the properties on the Report.
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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City Council Meeting Minutes October 7, 2015
22 15-617 ZONING AMENDMENT ZA-15-13, DEVELOPMENT AGREEMENT
DA-15-12, AND SITE REVIEW APPLICATION SR-15-18: EAST
THIRD-CITY VENTURES. APPLICATIONS REQUESTING ADOPTION
OF A PLANNED DEVELOPMENT ZONING DISTRICT
INCORPORATING A PRECISE DEVELOPMENT PLAN, ADOPTION
OF A DEVELOPMENT AGREEMENT, AND APPROVAL OF DESIGN
REVIEW, ALL FOR A MIXED-USE DEVELOPMENT CONSISTING OF
APPROXIMATELY 5,800 SQUARE FEET OF COMMERCIAL SPACE
AND 29 TOWNHOUSE STYLE CONDOMINIUM UNITS PROPOSED
ON A 1.07 ACRE SITE LOCATED ON THE NORTHWEST CORNER
OF THE INTERSECTION OF EAST THIRD STREET AND DEPOT
STREET
Council Member Carr recused himself and exited the dais
Senior Planner Linder presented the staff report
Mayor Tate opened public the public hearing
Phill Curr was called to speak
Hearing no further request to speak the public hearing was closed.
On a motion by Council Member Constantine and seconded by Council Member Siebert, waiving the first
and second reading of Ordinance 2173 establishing a Planned Development Zoning District incorporating
a Precise Development Plan. The motion passed by the following vote:
Ayes: 4 - Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Recused: 1 - Carr
On a motion by Council Member Constantine and seconded by Council Member Siebert, introducing
Ordinance 2173. The motion passed by the following vote:
Ayes: 4 - Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Recused: 1 - Carr
On a motion by Council Member Constantine and seconded by Council Member Siebert, waive the first
and second reading of Ordinance 2174 approving the Development Agreement. The motion passed by the
following vote:
Ayes: 4 - Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Abstain: 1 - Carr
On a motion by Council Member Constantine and seconded by Council Member Siebert, introducing
Ordinance 2174. The motion passed by the following vote:
Ayes: 4 - Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Abstain: 1 - Carr
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City Council Meeting Minutes October 7, 2015
On a motion by Council Member Constantine and seconded by Council Member Siebert, adopting
resolution 15-240 approving a Site Review Design Permit. The motion passed by the following vote:
Ayes: 4 - Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
Abstain: 1 - Carr
OTHER BUSINESS:
23 15-554 MASTER LEASE AGREEMENT WITH 3RD STREET GARAGE
RETAIL, LLC, ("MASTER TENANT") AND THE CITY OF MORGAN
HILL ("LANDLORD") FOR THE LEASING AND MANAGEMENT OF
THE DOWNTOWN GARAGE RETAIL SHELL, THE GARAGE JOINT
TRASH ENCLOSURE, AND THE GARAGE PUBLIC PLAZA
Assistant City Manger for Community Development Little presented the staff report
Mayor Tate opened public comment. Hearing no request to speak the public comment
was closed.
On a motion by Council Member Constantine and seconded by Council Member Siebert adopting
resolution 15-237 approving the Master Lease Agreement between the City of Morgan Hill and Monterey &
Third Street Associates, LLC for the Garage Retail Shell, joint trash enclosure, garage public plaza and
delegating authority to the City Manager to execute and administer the Agreement. The motion passed by
the following vote:
24 15-515 ESTABLISH IMPACT FEE DEFERRAL PROGRAM FOR MICRO
RESIDENTIAL RENTAL PROJECTS
Chief of Police Swing presented the staff report
Mayor Tate opened public comment
Ron Castle was called to speak
Hearing no further request to speak the public comment was closed.
On a motion by Council Member Constantine and seconded by Council Member Carr, adopting resolution
15-238 establishing an impact fee deferral program for micro residential rental projects (six units or less),
authorizing the City Manager to implement the Micro Residential Impact Fee Deferral Program consistent
with the approved Program parameters, including preparation and negotiation of related Program
documents, together with approval of certain Program documents when authorized under the Program
parameters approved by Council and adopting resolution 15-239 authorizing the use of one or more
impact fee funds other than the sewer impact fee fund to finance the deferral of sewer funds under the
new Program for micro residential projects. The motion passed by the following vote:
Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate
Noes: 0
Absent: 0
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25 15-636 CITY COUNCIL INPUT REGARDING PROPOSED CELLULAR
ANTENNA INSTALLATION AT MORGAN HILL BIBLE CHURCH
Community Development Director Crabtree presented the staff report.
Mayor Tate opened public comment
Laura Z was called to speak
Dan O was called to speak
Mark Rauscher
Hearing no further request to speak, public comment was closed.
No action taken.
Provide input regarding design options for a proposed cellular antenna installation at the Morgan Hill
Bible Church.
26 15-624 MORGAN HILL 2035: NEW GENERAL PLAN POLICIES
Senior Planner Baty and Community Development Director Crabtree presented the staff
report
No action taken
Provide input on proposed General Plan policy additions
FUTURE COUNCIL INITIATED AGENDA ITEMS:
Council Member Constantine requested a to bring a policy for council consideration
regarding the modification of the powers of the City Manager.
Council Member Siebert asked for an item on cost of publishing statements for petitions
Council Member Librers asked us to check if the City can charge for verifying
signatures.
ADJOURNMENT
There being no further business Mayor Tate adjourned the meeting
MINUTES PREPARED BY:
Michelle Wilson, Deputy City Clerk
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City Council Meeting Minutes October 7, 2015
NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to
an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at
17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main
Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the
notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue
that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers, and
deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the
speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium
and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the
public, you may do so by during the public comment portion of the meeting following the same procedure
described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City
Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council
who may plan an item on the agenda for a future City Council. Should your comments require Council action, your
request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your
item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act)
Government Code §54950
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice
is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in
court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described
in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these
matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any
matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil
Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408)
779-7259, (408) 779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov.
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a
disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's
Office at (408)779-7259, (408)779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. Requests must be
made as early as possible and at least two-full business days before the start fo the meeting.
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City Council Meeting Minutes October 7, 2015
City Council’s Priorities, Goals, and Strategies
2015
2015 Commitment
For 2015, the City Council is committed to remaining focused on existing planning efforts, projects, and initiatives
with an eye towards completing what has already been started.
Ongoing Priorities
The City Council is committed to providing high quality and sustainable services to the entire Morgan Hill
community. Fundamental to the City Council’s success are the ongoing priorities of:
- Enhancing public safety
- Protecting the environment
- Maintaining fiscal responsibility
- Supporting youth
- Fostering an organizational culture
- Preserving and cultivating public trust
2015 Focus Areas
In addition to the City Council’s priorities, eleven specific focus areas were recognized by the Council that require
significant resources in 2015.
- Stimulate economic development to increase jobs and expand the City's tax base
- Actively participate in regional issues for the benefit of Morgan Hill
- Develop an infrastructure funding and advocacy plan
- Evaluate, develop, and implement short and long term strategies to address the
environmental and financial impacts of drought conditions
- Continue our General Plan Update, Morgan Hill 2035, including updating and
incorporating the Residential Development Control System (RDCS)
- Advance revitalization of our downtown by completing our significant public
investment
- Implement Southeast Quadrant agricultural preservation and land use plans that
satisfy the Council’s goals by working cooperatively with landowners, public
agencies, and other stakeholders
- Develop a plan for ongoing and comprehensive support of senior services
- Advance regional transportation decisions that are consistent with the Council’s
position to best serve Morgan Hill by working with regional and state organizations
- Measure the effectiveness of community engagement efforts
- Facilitate maintaining and enhancing the provision of medical services in Morgan Hill
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Agenda
Special - Regular Meeting Agenda
City Council
Steve Tate ~ Mayor
Larry Carr ~ Mayor Pro Tem
Gordon Siebert ~ Council Member
Marilyn Librers ~ Council Member
Rich Constantine ~ Council Member
Wednesday, October 7, 2015 Council Chamber
5:30 PM 17555 Peak Avenue
Morgan Hill, CA 95037
SPECIAL CITY COUNCIL MEETING
(5:30 CITY COUNCIL/PLANNING COMMISSION WORKSHOP / 7:00 P.M.
REGULAR MEETING)
5:30 P.M.
A Special meeting of the City Council is called for the
purpose of conducting a workshop.
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)
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City Council Special - Regular Meeting October 7, 2015
Agenda
JOINT PLANNING COMMISSION/CITY COUNCIL WORKSHOP
Item # Report #
1 15-623 MORGAN HILL 2035: RDCS UPDATE CITY
COUNCIL/PLANNING COMMISSION STUDY SESSION
Recommendation: Review, discuss, and provide feedback on the Working Draft of
the Residential Development Control System (RDCS) Update.
Estimated Time: 90 Minutes
REGULAR CITY COUNCIL MEETING
7:00 P.M.
The City Council has adopted a policy that regular meetings shall not continue beyond 11:00
p.m. unless extended by a majority of the City Council.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CITY COUNCIL REPORTS
Council Member Carr
CITY MANAGER'S REPORT
CITY ATTORNEY’S REPORT
OTHER REPORTS
PRESENTATIONS
Item # Report #
15-660 Highway 101 Ramp Metering
David Kobayashi, VTA - Lester Lee, Caltrans - Kevin Chen -
MTC
PROCLAMATIONS
Item # Report #
15-662 Proclaiming the week of October 4-10, 2015 as Fire
Prevention Week
Proclaiming October 9, 2015 as "Live Oak Champions / Coach Darrel Guthrie Day"
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City Council Special - Regular Meeting October 7, 2015
Agenda
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 #
2 15-622 2015 HOMELESS CENSUS AND SURVEY POINT IN TIME
(PIT) COUNT
Recommendation: Accept the 2015 Homeless Census and Survey Point-In-Time
Count Report.
Item # Report #
3 15-619 ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS
FOR CONNEMARA PHASE 1 - TRACT 10185
Recommendation: Adopt Resolution:
1. Accepting the subdivision public improvements for
Connemara Phase 1 - Tract 10185; and
2. Directing the City Clerk to file a Notice of Completion with the
Recorder of Santa Clara County.
Item # Report #
4 15-604 ACCEPTANCE OF CENTENNIAL RECREATION CENTER
(CRC) DOMESTIC HOT WATER SOFTENER PROJECT
Recommendation: Adopt resolution approving the following actions:
1. Accept the Centennial Recreation Center (CRC) Domestic
Hot Water Softener Project; and
2. Direct the City Clerk to file the attached Notice of Completion
with the County of Santa Clara's Recorder's Office.
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City Council Special - Regular Meeting October 7, 2015
Agenda
Item # Report #
5 15-611 ACCEPTANCE OF THE 2014 PAVEMENT RESURFACING
PROJECT
Recommendation: Adopt resolution approving the following actions:
1. Accept the 2014 Pavement Resurfacing Project; 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 #
6 15-625 ADOPT ORDINANCE 2162 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF MORGAN HILL APPROVING A
DEVELOPMENT AGREEMENT FOR APPLICATION
DA-15-11: WATSONVILLE-HORDNESS (APNs 779-04-052,
067, 075 & 076)
Recommendation: Waive the reading, Adopt Ordinance No. 2162 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 #
7 15-626 ADOPT ORDINANCE 2163 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING THE ZONING DESIGNATION OF
AN APPROXIMATELY 19.5 ACRE PORTION OF AN
APPROXIMATELY 31 ACRE SITE LOCATED ON THE SOUTH
SIDE OF JARVIS DRIVE BETWEEN MONTEREY ROAD AND
BUTTERFILED BOULEVARD (ASSESSOR PARCEL
NUMBERS 726-25-061; -066, -067, -078, AND -079) FROM
INDUSTRIAL PLANNED UNIT DEVELOPMENT TO R-3
MEDIUM DENSITY RESIDENTIAL DISTRICT
Recommendation: Waive the reading, Adopt Ordinance No. 2163 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.
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City Council Special - Regular Meeting October 7, 2015
Agenda
Item # Report #
8 15-627 ADOPT ORDINANCE 2164 AN ORDINANCE 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 SAID 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, ALL RELATED to SETTING FORTH
DEVELOPMENT STANDARDS AND REGULATIONS FOR
MEDIUM DENSITY RESIDENTIAL DEVELOPMENT AND
UPDATING RELATED REGULATIONS PERTAINING TO
PRIVATE STREETS AND ALLEYS
Recommendation: Waive the reading, Adopt Ordinance No. 2164 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 #
9 15-629 ADOPT ORDINANCE 2165 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING SECTION 10.40.210 OF
CHAPTER 10.40 OF TITLE 10 OF THE MORGAN HILL
MUNICIPAL CODE TO CLARIFY THAT THE PROVISIONS OF
THE SECTION APPLY TO THE PARKING OF OVERSIZED
VEHICLES ON RESIDENTIAL STREETS
Recommendation: Waive the reading, Adopt Ordinance No. 2165 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.
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City Council Special - Regular Meeting October 7, 2015
Agenda
Item # Report #
10 15-631 ADOPT ORDINANCE 2166 AN ORDINANCE OF THE CITY OF
MORGAN HILL APPROVING A DEVELOPMENT
AGREEMENT FOR APPLICATION DA-15-02: SAN
PEDRO-PRESIDIO (APN 817-01-001)
Recommendation: Waive the reading, Adopt Ordinance No. 2166 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 #
11 15-632 ADOPT ORDINANCE 2167 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING THE ZONING DESIGNATION OF
AN APPROXIMATE 40-ACRE SITE FROM R1-9,000 AND
R1-7,000 TO R1-9,000(PD) AND R1-7000(PD) AND ADOPT A
PRECISE DEVELOPMENT PLAN FOR A 135-UNIT
RESIDENTIAL DEVELOPMENT ON A 40-ACRE SITE
LOCATED ON THE NORTH SIDE OF COCHRANE ROAD,
EAST OF MISSION VIEW BOULEVARD (APN 726-36-013 &
726-36-014)
Recommendation: Waive the reading, Adopt Ordinance No. 2167 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 #
12 15-633 ADOPT ORDINANCE 2168 AN ORDINANCE OF THE CITY OF
MORGAN HILL APPROVING A DEVELOPMENT
AGREEMENT FOR APPLICATION DA-14-06: COCHRANE -
STANDARD PACIFIC (STANDARD PACIFIC CORP -
NORTHERN CALIFORNIA) (APNs 728-36-013 and
728-36-014)
Recommendation: Waive the reading, Adopt Ordinance No. 2168 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.
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Agenda
Item # Report #
13 15-635 ADOPT ORDINANCE 2169 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING THE ZONING DESIGNATION OF
AN APPROXIMATE 4.37-ACRE SITE FROM CL-R TO R3 (PD)
AND ADOPT A PRECISE DEVELOPMENT PLAN FOR A
58-UNIT RESIDENTIAL DEVELOPMENT ON A 4.37-ACRE
SITE LOCATED ON THE EAST SIDE OF MONTEREY ROAD
NORTH OF WRIGHT AVENUE (APN 726-25-004)
Recommendation: Waive the reading, Adopt Ordinance No. 2169 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 #
14 15-634 ADOPT ORDINANCE 2170 AN ORDINANCE OF THE CITY OF
MORGAN HILL APPROVING A DEVELOPMENT
AGREEMENT APPLICATION DA-14-09: MONTEREY - KB
GIPPETTI (KB HOME) (APN 726-25-004)
Recommendation: Waive the reading, Adopt Ordinance No. 2170 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 #
15 15-637 ADOPT ORDINANCE 2171 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING SECTION 2.08.040 OF CHAPTER
2.08 OF TITLE 2 OF THE MORGAN HILL MUNICIPAL CODE
TO MODIFY THE POWERS AND DUTIES OF THE CITY
MANAGER
Recommendation: Waive the reading, Adopt Ordinance No. 2171 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.
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City Council Special - Regular Meeting October 7, 2015
Agenda
Item # Report #
16 15-642 ADOPT ORDINANCE 2172 AN ORDINANCE OF THE CITY OF
MORGAN HILL AMENDING CHAPTER 3.04 (PURCHASING)
OF TITLE 3 (REVENUE AND FINANCE) OF THE MORGAN
HILL MUNICIPAL CODE SETTING FORTH PROVISIONS
GOVERNING THE PURCHASE OF GOODS AND SERVICES
Recommendation: Waive the reading, Adopt Ordinance No. 2172 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 #
17 15-612 AUTHORIZE APPROVAL OF FISCAL YEAR 2015-16
SCHOOL RESOURCE OFFICER AGREEMENT WITH
MORGAN HILL UNIFIED SCHOOL DISTRICT
Recommendation: Adopt resolution authorizing the City Manager to execute an
agreement with the Morgan Hill Unified School District to
provide School Resource Officer services for Fiscal Year
2015-16.
Item # Report #
18 15-615 AWARD MONTEREY ROAD SEWER VAULT COATING
PROJECT
Recommendation: Adopt Resolution approving the following actions:
1. Approve project plans and specifications;
2. Award contract to Ellison Environmental, Inc. d.b.a. Fluid
Resource Management for the Monterey Road Sewer Vault
Coating Project in the amount of $31,775.15;
3. Authorize expenditure of construction contingency funds not
to exceed $3,200; and
4. Authorize the City Manager to execute and administer that
certain construction contract with Ellison Environmental, Inc.
d.b.a. Fluid Resource Management.
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City Council Special - Regular Meeting October 7, 2015
Agenda
Item # Report #
19 15-638 CONSULTANT AGREEMENT WITH ZUCKER SYSTEMS FOR
REVIEW OF DEVELOPMENT SERVICES FUNCTION
Recommendation: Adopt resolution approving and authorizing the City Manager to
execute a Consultant Agreement to conduct an organizational
review of the City's development services function not to exceed
amount of $40,000.
Item # Report #
20 15-618 SUPPLEMENTAL AGREEMENT WITH UNION PACIFIC
RAILROAD FOR TILTON AVENUE/UPRR PEDESTRIAN
SAFETY IMPROVEMENTS
Recommendation: Adopt resolution authorizing the City Manager to execute a
supplemental agreement with Union Pacific Railroad for Tilton
Avenue/UPRR Pedestrian Safety Improvements.
PUBLIC HEARINGS:
Item # Report #
21 15-616 2015 WEED AND BRUSH ABATEMENT PROGRAM
ASSESSMENT REPORT - ADDITIONAL PROGRAM
CHARGES
Recommendation: 1. Open/Close Public Hearing; and
2. Adopt Resolution Ordering the Final Report on the 2015
Weed and Brush Abatement Program Assessment Report -
Program Charges be transmitted to the Santa Clara County
Assessor's Office and that Liens be Posted Against the
Properties on the Report.
Estimated Time: 15 Minutes
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City Council Special - Regular Meeting October 7, 2015
Agenda
Item # Report #
22 15-617 ZONING AMENDMENT ZA-15-13, DEVELOPMENT
AGREEMENT DA-15-12, AND SITE REVIEW APPLICATION
SR-15-18: EAST THIRD-CITY VENTURES. APPLICATIONS
REQUESTING ADOPTION OF A PLANNED DEVELOPMENT
ZONING DISTRICT INCORPORATING A PRECISE
DEVELOPMENT PLAN, ADOPTION OF A DEVELOPMENT
AGREEMENT, AND APPROVAL OF DESIGN REVIEW, ALL
FOR A MIXED-USE DEVELOPMENT CONSISTING OF
APPROXIMATELY 5,800 SQUARE FEET OF COMMERCIAL
SPACE AND 29 TOWNHOUSE STYLE CONDOMINIUM
UNITS PROPOSED ON A 1.07 ACRE SITE LOCATED ON
THE NORTHWEST CORNER OF THE INTERSECTION OF
EAST THIRD STREET AND DEPOT STREET
Recommendation: 1. Open/close Public Hearing;
2. Waive the First and Second Reading of an Ordinance
establishing a Planned Development Zoning District
incorporating a Precise Development Plan;
3. Introduce the Ordinance;
4. Waive the First and Second Reading of Ordinance approving
the Development Agreement;
5. Introduce Ordinance; and
6. Adopt resolution approving a Site Review Design Permit
Estimated Time: 50 Minutes
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City Council Special - Regular Meeting October 7, 2015
Agenda
OTHER BUSINESS:
Item # Report #
23 15-554 MASTER LEASE AGREEMENT WITH 3RD STREET GARAGE
RETAIL, LLC, ("MASTER TENANT") AND THE CITY OF
MORGAN HILL ("LANDLORD") FOR THE LEASING AND
MANAGEMENT OF THE DOWNTOWN GARAGE RETAIL
SHELL, THE GARAGE JOINT TRASH ENCLOSURE, AND
THE GARAGE PUBLIC PLAZA
Recommendation: Adopt resolution approving the Master Lease Agreement
between the City of Morgan Hill ("Landlord") and 3rd Street
Garage Retail, LLC ("Master Tenant") for the Garage Retail
Shell, joint trash enclosure, garage public plaza and delegating
authority to the City Manager to execute and administer the
Agreement.
Estimated Time: 15 Minutes
Item # Report #
24 15-515 ESTABLISH IMPACT FEE DEFERRAL PROGRAM FOR
MICRO RESIDENTIAL RENTAL PROJECTS
Recommendation: Adopt resolution to:
1. Establish an impact fee deferral program for micro residential
rental projects (six units or less);
2. Authorize the City Manager to implement the Micro
Residential Impact Fee Deferral Program consistent with the
approved Program parameters, including preparation and
negotiation of related Program documents, together with
approval of certain Program documents when authorized under
the Program parameters approved by Council; and
3. Adopt resolution authorizing the use of one or more impact
fee funds other than the sewer impact fee fund to finance the
deferral of sewer funds under the new Program for micro
residential projects.
Estimated Time: 10 Minutes
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City Council Special - Regular Meeting October 7, 2015
Agenda
Item # Report #
25 15-636 CITY COUNCIL INPUT REGARDING PROPOSED CELLULAR
ANTENNA INSTALLATION AT MORGAN HILL BIBLE
CHURCH
Recommendation: Provide input regarding design options for a proposed cellular
antenna installation at the Morgan Hill Bible Church.
Estimated Time: 20 Minutes
Item # Report #
26 15-624 MORGAN HILL 2035: NEW GENERAL PLAN POLICIES
Recommendation: Provide input on proposed General Plan policy additions
Estimated Time: 30 Minutes
Item # Report #
27 15-641 ELECTION AND INITIATIVE PETITION COST
Recommendation: Provide direction to staff regarding:
1. Requiring candidates for elective office for a Municipal
Election to pay a fee for the filing of papers and candidate
statements;
2. Requiring candidates for elective office to pay a fee when
filing their nomination papers; and
3. Requiring the proponents of an initiative petition to pay a fee
for the filing of a notice of intent to circulate an initiative petition.
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
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City Council Special - Regular Meeting October 7, 2015
Agenda
NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to
an open meeting, will be made available for public inspection at the City Clerk ’s Counter at City Hall located at
17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main
Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in
the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any
issue that is on this agenda, please complete a speaker request card located in the foyer of the Council
Chambers, and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your
name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to
the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest
to the public, you may do so by during the public comment portion of the meeting following the same procedure
described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City
Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council
who may plan an item on the agenda for a future City Council. Should your comments require Council action,
your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until
your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown
Act) Government Code §54950
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice
is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in
court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described
in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these
matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any
matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil
Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408)
779-7259, (408) 779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov.
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a
disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's
Office at (408)779-7259, (408)779-3117 (fax) or by email michelle.wilson@morganhill.ca.gov. Requests must be
made as early as possible and at least two-full business days before the start fo the meeting.
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City Council Special - Regular Meeting October 7, 2015
Agenda
City Council’s Priorities, Goals, and Strategies
2015
2015 Commitment
For 2015, the City Council is committed to remaining focused on existing planning efforts, projects, and initiatives
with an eye towards completing what has already been started.
Ongoing Priorities
The City Council is committed to providing high quality and sustainable services to the entire Morgan Hill
community. Fundamental to the City Council’s success are the ongoing priorities of:
- Enhancing public safety
- Protecting the environment
- Maintaining fiscal responsibility
- Supporting youth
- Fostering an organizational culture
- Preserving and cultivating public trust
2015 Focus Areas
In addition to the City Council’s priorities, eleven specific focus areas were recognized by the Council that require
significant resources in 2015.
- Stimulate economic development to increase jobs and expand the City's tax base
- Actively participate in regional issues for the benefit of Morgan Hill
- Develop an infrastructure funding and advocacy plan
- Evaluate, develop, and implement short and long term strategies to address the
environmental and financial impacts of drought conditions
- Continue our General Plan Update, Morgan Hill 2035, including updating and
incorporating the Residential Development Control System (RDCS)
- Advance revitalization of our downtown by completing our significant public
investment
- Implement Southeast Quadrant agricultural preservation and land use plans that
satisfy the Council’s goals by working cooperatively with landowners, public
agencies, and other stakeholders
- Develop a plan for ongoing and comprehensive support of senior services
- Advance regional transportation decisions that are consistent with the Council’s
position to best serve Morgan Hill by working with regional and state organizations
- Measure the effectiveness of community engagement efforts
- Facilitate maintaining and enhancing the provision of medical services in Morgan Hill
City of Morgan Hill Page 14 Printed on 10/8/2015
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