City Council

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, December 2, 2015 17555 Peak Avenue Morgan Hill, CA 95037 CALL TO ORDER The meeting was called to order at 7:00 p.m. 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 Deputy City Clerk Wilson declared the posting of the agenda. SILENT INVOCATION PLEDGE OF ALLEGIANCE CITY COUNCIL REPORTS CITY MANAGER'S REPORT Acting City Manager David Swing spoke to the evening supplemental items. He announced that next Tuesday, Morgan Hill is proud to host its first Shop with a Cop Program. He acknowledeged Management and Talent Exchange Program participant Kurt Luenberger for his outstanding work on the Minimum Wage project and the Prop 218 project. City of Morgan Hill Page 1 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 CITY ATTORNEY’S REPORT Interim City Attorney Baum shared that he is pleased to be here and is happy to assist. OTHER REPORTS None. ADOPTION OF AGENDA Action: On a motion by Council Member Librers and seconded by Mayor Pro Tem Carr, adopting the agenda moving items 11 and 12 to follow item 9. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 PUBLIC COMMENT The public comment for items not on the agenda was opened at 7:07 p.m. Ava Geddes asked the City Council to reconsider their decision to delay participating in the Santa Clara County low cost spay/nueter program until next year. She asked that the City participate now at a nominal level of financial support for this first year to address South County's animal overpopulation problem. Lesley Miles requested that item 26 from the November 18, 2015 City Council meeting be agendized because she has additional information that she feels would be helpful for the Coucnil to hear. The public comment was closed at 7:11 p.m. CONSENT CALENDAR: Approval of the Consent Calendar Action: On a motion by Council Member Siebert and seconded by Mayor Pro Tem Carr approving the Consent Calendar items 1 through 5. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 1 15-829 ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS FOR DIAMOND CREEK PHASE 1 - TRACT 10174 2 15-827 ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS FOR MISSION RANCH PHASE 13 - TRACT 10222 City of Morgan Hill Page 2 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 3 15-828 ADOPT ORDINANCE 2179, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL AMENDING CHAPTER 3.24 (TRANSIENT OCCUPANCY TAX) OF TITLE 3 (REVENUE AND FINANCE) OF THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL CLARIFYING THE RECORDS THAT MUST BE KEPT BY OPERATORS AND ADDING THE CITY'S AUTHORITY TO AUDIT TRANSIENT OCCUPANCY TAX RECORDS FOR COMPLIANCE WITH THIS CHAPTER 4 15-696 AGREEMENT WITH PETDATA INC. FOR ANIMAL LICENSING SERVICES 5 15-817 APPROVE CHANGE ORDER FOR THE 2015 SEWER POINT REPAIR AND LINING PROJECT 6 15-709 APPROVE SERVICE AGREEMENT FOR DESIGN PROFESSIONALS WITH JOHN K. KING CONSULTING LAND SURVEYOR TO PROVIDE MAP CHECKING SERVICES Item pulled for discussion. Action: On a motion by Council Member Siebert and seconded by Mayor Pro Tem Carr, directing the City Manager to solicit proposals for this professional service. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 7 15-821 CRC CONCESSIONS AGREEMENT Item pulled for discussion. Recreation Manager Calubaquib presented the report. Action: On a motion by Council Member Siebert and seconded by Council Member Constantine, adopting resolution 15-289 approving the Concessionaire License Agreement for the operation of a concession food and beverage station at the Centennial Recreation Center and authorizing the City Manager to execute all documents and agreements.. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 City of Morgan Hill Page 3 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 8 15-755 SOUTH COUNTY YOUTH TASK FORCE MEMORANDUM OF UNDERSTANDING Item pulled for discussion. Police Sergeant Guerrero presented the staff report. Action: On a motion by Council Member Siebert and seconded by Council Member Librers, adopting resolution 15-290 authorizing the City Manager to execute the Memorandum of Understanding with the City of Gilroy for the South County Youth Task Force through Fiscal Year 17/18. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 OTHER BUSINESS: 9 15-799 SELECTION OF CITY COUNCIL MAYOR PRO TEMPORE Action: On a motion by Mayor Tate and seconded by Mayor Pro Tem Carr, adopting resolution 15-291 selecting Council Member Constantine to serve as Mayor Pro Tempore per City Council Policy. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 PUBLIC HEARINGS: 11 15-820 DEVELOPMENT AGREEMENT AMENDMENT DAA-12-05A: E. MAIN - CALLE SIENA Council Member Constantine excused himself from the dais. Community Development Director Crabtree presented the report. The public hearing was opened at 7:25 p.m. Rocke Garcia was called to speak and thanked the Council. The public hearing was closed at 7:27 p.m. Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Librers, waiving the first and second reading of the ordinance 2180. The motion passed by the following vote: Ayes: 4 - Carr, Librers, Siebert, Tate Noes: 0 Absent: 0 Recused: 1 - Constantine Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Librers, introducing the ordinance 2180 per staff and Planning Commission recommendation, a Development Agreement Amendment Ordinance to allow a six (6) month extension of the Obtain Building Permit and Commence Construction dates. The motion passed by the following vote: Ayes: 4 - Carr, Librers, Siebert, Tate Noes: 0 Absent: 0 Recused: 1 - Constantine City of Morgan Hill Page 4 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 12 15-822 DEVELOPMENT AGREEMENT AMENDMENT DAA-13-11A: DEL MONTE - GIOVANNI Mayor Tate excused himself from the dais. Community Development Director Crabtree presented the report. The public hearing was opened at 7:34 p.m. Bill McClintock shared that the final map is very close to be recorded. The public hearing closed at 7:35 p.m. Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, waiving the first and second reading of ordinance 2181. The motion passed by the following vote: Ayes: 4 - Carr, Constantine, Librers, Siebert Noes: 0 Absent: 0 Recused: 1 - Tate Action: On a motion by Council Member Librers and seconded by Council Member Siebert, introducing ordinance 2181 per staff and Planning Commission recommendation, a Development Agreement Amendment Ordinance to allow a three (3) month extension of the Obtain Building Permit and a six month Commence Construction dates. pull permits by December 31, 2015. The motion passed by the following vote: Ayes: 4 - Carr, Constantine, Librers, Siebert Noes: 0 Absent: 0 Recused: 1 - Tate City of Morgan Hill Page 5 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 OTHER BUSINESS: 10 15-826 WATER AND WASTEWATER RATE ANALYSIS AND PROPOSITION 218 NOTICE 1. Receive Staff report on Zone Charges and options for implementation; 2. Accept a 2015 Draft Water and Wastewater Rate Study; 3. Provide direction to staff on the inclusion of water and wastewater zonal charges a. Should the City implement zonal charges? b. If so, what costs are to be included in the zonal charge? -Electricity -Infrastructure replacement c. If so, what methodology should the City use to collect the zonal charge? -Volumetric -Volumetric and fixed 4. Adopt resolution 15-292 in connection with the consideration of implementation of new Water Rates to: a. Set January 20, 2016 as a date for a Public Hearing, and b. Authorize the Mailing of Proposition 218 Notices; and 5. Adopt resolution in connection with the consideration of implementation of new Wastewater Rates to: a. Set January 20, 2016 as a date for a Public Hearing, and b. Authorize the Mailing of Proposition 218 Notices. Public Works Director Bjarke presented the report along with Dat Nguyen, Kurt Luenberger, Sydney Oam, and Mario Iglesias. Mayor Tate called a recess at 8:00 p.m. The meeting was reconvened at 8:12 p.m. The public comment was opened at 8:26 p.m. Carl McCaw was called to speak, he expressed his concerns with the zones. David Stoltz was called to speak, he expressed his concerns with the rate structures. Philip Bogosian was called to speak, he spoke on behalf of the Jackson Oaks residents and shared their concerns with the zonal charges. Visoth Chhiap was called to speak, he expressed his opposition to the zonal rate charges. Karen Anderson was called to speak, she expressed her opposition to the zonal rate charges. Terry Mahurin was called to speak, he feels that the process is moving to quickly and asked that their be one rate rather than zonal charges. Cliff Jolly was called to speak, he expressed his concerns with the zonal charges. Dan Vigil was called to speak, he expressed his concerns the ability of lower income residents to pay the increased water rates. Brian Faircloth was called to speak, he expressed his concerns with the Prop 218 time frame and suggested a unified rate. Sherry Purser was called to speak, she urged the Council to move forward with option C. Mark Bell was called to speak, he feels that the process is moving to quickly. The public comment was closed at 8:55 p.m. Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Constantine, directing staff for the water rate increases; the Council wished to consider a rate increase based on the electric costs only and that there be only one additional surcharge based 50% on fixed costs and 50% on usage cost rather than various zones. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 City of Morgan Hill Page 6 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 Action: On a motion by Council Member Siebert and seconded by Council Member Constantine, directing staff for wastewater rate increases have one flat-rate surcharge for all lift stations users of $8.46 per month from $6.16 per month which includes both replacement and electricity costs. 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 Librers, accepting the 2015 Draft Water and Wastewater Rate Study, excluding the recommendations from the consultants for the variety of zonal charges. 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 15-293 in connection with the consideration of implementation of new Water Rates to: a. Set January 20, 2016 as a date for a Public Hearing, and b. Authorize the Mailing of Proposition 218 Notices; c. Authorize the Mayor to execute a revised resolution incorporating the changes made; and a dopting resolution in connection with the consideration of implementation of new Wastewater Rates to: a. Set January 20, 2016 as a date for a Public Hearing, and b. Authorize the Mailing of Proposition 218 Notices.. The motion passed by the following vote: Ayes: 5 - Carr, Constantine, Librers, Siebert, Tate Noes: 0 Absent: 0 City of Morgan Hill Page 7 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 PUBLIC HEARINGS: 13 15-806 ZONING AMENDMENT ZA 14-25 AND SITE REVIEW SR 14-18: EAST THIRD - SUNSWEET; A REQUEST FOR APPROVAL OF A ZONING AMENDMENT FOR A PLANNED DEVELOPMENT OVERLAY INCLUDING A PRECISE DEVELOPMENT PLAN, AND SITE REVIEW APPROVAL OF SITE, ARCHITECTURAL AND LANDSCAPE PLANS FOR A PROPOSED 43-UNIT MULTI-FAMILY DEVELOPMENT WITH APPROXIMATELY 6,600 SQUARE FEET OF COMMERCIAL SPACE AT A 1.65 ACRE SITE LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST THIRD STREET AND DEPOT STREET Senior Planner Linder presented the staff report. The public comment was opened at 10:11 p.m. Rocke Garcia was called to speak, he shared the details of the proposed project. Bill McClintock was called to speak and spoke to the below grade parking. The public comment was closed at 10:25 p.m. Council expressed that they would like an application that can obtain a grading permit so that the project can obtain a LOMAR F. Action: On a motion by Council Member Constantine and seconded by Mayor Tate, extending the meeting until 11:05 p.m.. 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, extending the meeting until 11:15 p.m. 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 denying application due to it being non-compliant with the downtown specific plan, the municipal code, and the general plan . The motion passed by the following vote: Ayes: 4 - Carr, Constantine, Siebert, Tate Noes: 1 - Librers Absent: 0 City of Morgan Hill Page 8 Printed on 2/11/2016 City Council Meeting Minutes December 2, 2015 FUTURE COUNCIL INITIATED AGENDA ITEMS: Council requested a workshop to explore the downtown specific plan. ADJOURNMENT The meeting was adjourned at 11:10 p.m. MINUTES PREPARED BY: Michelle Wilson, Deputy City Clerk City of Morgan Hill Page 9 Printed on 2/11/2016 City Council Meeting Minutes December 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 10 Printed on 2/11/2016