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 5:45 PM Council Chamber Wednesday, June 15, 2016 17555 Peak Avenue Morgan Hill, CA 95037 SPECIAL MEETING 5:45 P.M. A Special Meeting of the City Council is called at 5:45 p.m. for the purpose of conducting a Housing Workshop. CALL TO ORDER The special meeting was called to order at 5:50 p.m. ROLL CALL ATTENDANCE Present: 4- Mayor Pro Tem Constantine, Council Member Librers, Council Member Siebert, Mayor Tate Absent: 1- Council Member Carr DECLARATION OF POSTING OF AGENDA Deputy City Clerk Michelle Wilson declared the posting of the agenda. City of Morgan Hill Page 1 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 STUDY SESSION: 1 16-441 HOUSING WORKSHOP - PART 2 REGULAR MEETING 7:00 P.M. Mayor Tate convened the regular meeting at 7:05 p.m. SILENT INVOCATION PLEDGE OF ALLEGIANCE CITY COUNCIL REPORTS Mayor Tate shared that he and Council Member Carr have been working on the proposed transportation measure through the VTA and are looking at ways that it can better serve south county. Last week he attended the Cities Association meeting where they discussed the minimum wage. CITY MANAGER'S REPORT City Manager Steve Rymer recognized Steve Golden in our Planning Department for meeting our core values of team work, meeting challenges, innovation, customer services, and professional development through his work implementing the City's new Trackit permitting software. He announced that next Thursday, June 23rd starting at 5:00 p.m. the business community, Downtown Association, Chamber of Commerce and the City will celebrate the completion of our public investments in our downtown. We will have a very family oriented event with a variety of activities. He suggested that item 5 be pulled from the agenda. He concluded by speaking to the evening's supplements and presentations. CITY ATTORNEY’S REPORT Interim City Attorney Gary Baum reported out regarding three matters that were settled in closed session. In regards to a BMR lawsuit, the City received $200,000. The City is very actively pursuing any BMR homeowner who inappropriately refinances their home. The City also pursued both the bank and the investor who purchased the home. There was a worker's compensation settlement for $19,665 for Captain Neumayer and $28,852 for Officer Alanis. Interim City Attorney Baum shared that he is very proud to have been able to serve the City of Morgan Hill. He expressed his gratitude and shared that this is by far the best City Council he has worked with. OTHER REPORTS None. City of Morgan Hill Page 2 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 PRESENTATIONS 16-454 YAC PRESENTATION - ASSET # 10 - SAFETY PUBLIC COMMENT Mayor Tate opened the public comment at 7:18 p.m. Hearing no requests to speak, the public comment was closed. ADOPTION OF AGENDA Action: On a motion by Council Member Librers and seconded by Mayor Pro Tem Constantine, Adopting the agenda with the removal of item 5. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr CONSENT CALENDAR: Approval of the Consent Calendar On a motion by Council Member Librers and seconded by Mayor Pro Tem Constantine, approving consent calendar items 2 through 4, 6 though 12, and 15 through 19. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr 2 16-418 ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR GALVAN PARK PLAYGROUND UPGRADE PROJECT 3 16-420 ADOPT ORDINANCE 2204, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL ADDING A NEW CHAPTER 15.23 (BELOW MARKET RATE (BMR) PROGRAM ADMINISTRATION) TO TITLE 15 (HOUSING CODE) OF THE MORGAN HILL MUNICIPAL CODE, ADDING 15.23.10 PURPOSE, 15.23.20 DEFINITIONS, 15.23.30 APPLICABILITY, 15.23.40 DUTIES OF PROGRAM ADMINISTRATOR, 15.23.50 OCCUPANCY AND SALE RESTRICTIONS, 15.23.60 AFFORDABLE HOUSING AGREEMENT, 15.23.70 APPROVED PROGRAM PARTICIPANTS AND VENDORS, 15.23.80 DEFAULT, FORECLOSURE, LOSS OF UNIT, 15.23.90 ANNUAL REPORT, AND 15.23.95 ENFORCEMENT City of Morgan Hill Page 3 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 4 16-421 ADOPT ORDINANCE 2205, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL AMENDING CHAPTER 12.23 (RESTRICTIONS ON REMOVAL OF SIGNIFICANT TREES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACE) OF THE MORGAN HILL MUNICIPAL CODE TO ADD SEPARATE SPECIFIC PROVISIONS FOR THE REMOVAL AND REPLACEMENT OF STREET TREES 6 16-399 AMENDMENT TO THE 911 EMS SERVICE PROVIDER AGREEMENT 7 16-412 APPROVE THE MAY 18, 2016 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 8 16-409 APPROVE THE MAY 20, 2016 SPECIAL CITY COUNCIL BUDGET WORKSHOP MEETING MINUTES 9 16-439 APPROVE THE MAY 25, 2016 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 10 16-440 APPROVE THE JUNE 1, 2016 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 11 16-408 AWARD EAST DUNNE AVENUE WATER MAIN PROJECT 12 16-423 AWARD MONTEREY ROAD SANITARY SEWER MANHOLE INSTALLATION PROJECT 15 16-424 MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA VALLEY WATER DISTRICT FOR FY 2016/2017 16 16-378 SECOND AMENDMENT TO CSG CONSULTANTS, INC. AGREEMENT FOR PROGRAM MANAGEMENT SERVICES 17 16-415 SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA VALLEY WATER DISTRICT FOR FY 2015/2016 18 16-425 SIXTH SEMI-ANNUAL REPORT ON POST-ISSUANCE COMPLIANCE FOR TAX ADVANTAGED BONDS 19 16-388 VALLEYCREST (NOW BRIGHTVIEW LANDSCAPE SERVICES, INC.) CONTRACT SECOND AMENDMENT City of Morgan Hill Page 4 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 13 16-416 AWARD OF LANDSCAPING MAINTENANCE AGREEMENTS Item pulled for discussion at the request of the Council. Program Administrator Anthony Eulo presented the staff report. Mayor Tate opened the public comment at 7:25 p.m. Hearing no requests to speak, the public comment was closed. Action: On a motion by Mayor Pro Tem Constantine and seconded by Mayor Tate, adopting resolution approving and authorizing the City Manager to execute maintenance agreements for landscape maintenance services waiving the 80% requirement for area 5. The motion failed by the following vote: Ayes: 2 - Constantine, Tate Noes: 2 - Librers, Siebert Absent: 1 - Carr Action: On a motion by Council Member Siebert and seconded by Council Member Librers, adopting resolution approving and authorizing the City Manager to execute maintenance agreements for landscape maintenance services awarding groups 2 and 5 to Mike Davis with an 18 month term and awarding group 4 to Brightview with the waiver of the 80% requirement based on the facts within the staff report for groups 2 and 5. The motion failed by the following vote: Ayes: 2 - Librers, Siebert Noes: 2 - Constantine, Tate Absent: 1 - Carr Action: On a motion by Mayor Pro Tem Constantine and seconded by Mayor Tate, adopting resolution 16-099 approving and authorizing the City Manager to execute maintenance agreements for landscape maintenance services for groups 2 and 4. The motion passed by the following vote: Ayes: 3 - Constantine, Librers, Tate Noes: 1 - Siebert Absent: 1 - Carr 14 16-410 FISCAL YEAR 2016/17 COMMISSION WORK PLANS Item pulled for discussion at the request of the Council. Action: On a motion by Council Member Siebert and seconded by Mayor Pro Tem Constantine, approving the proposed Parks and Recreation Commission FY 2016/17 Work Plan and the proposed Library, Culture and Arts Commission FY 2016/17 Work Plan and directing the Library, Culture, and Arts Commission to augment the following sections of their Work Plan: work with Friends of Library on library development and coordinate on library expansion with a special focus on youth technology. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr City of Morgan Hill Page 5 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 OTHER BUSINESS: 20 16-422 ADOPT THE FISCAL YEARS 2016-17 AND 2017-18 OPERATING BUDGET, FISCAL YEARS 2016-17 THROUGH 2021-22 CAPITAL IMPROVEMENT PROGRAM BUDGET, AND FISCAL YEAR 2016-17 APPROPRIATIONS LIMIT Assistant City Manager for Administrative Services Christina Turner presented the staff report. Mayor Tate opened the public comment at 8:03 p.m. Hearing no requests to speak, the public comment was closed. Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Siebert, adopting resolution 16-104 adopting the fiscal years 2016-17 and 2017-18 Recommended Operating Budget, fiscal Years 2016-17 through 2021-22 recommended Capital Improvement Program (CIP) budget, and appropriations limit for fiscal year 2016-17. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr 21 16-352 ADOPT THE MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES RESOLUTION AND CORRESPONDING SALARY SCHEDULES Assistant City Manager for Administrative Services Christina Turner presented the staff report. Mayor Tate opened the public comment at 8:10 p.m. Hearing no requests to speak, the public comment was closed. Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Librers, adopting the management, professional, and confidential employees resolution 16-105 and corresponding salary schedules effective July 2016. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr City of Morgan Hill Page 6 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 22 16-438 AMENDMENT OF CITY WATER SUPPLY SHORTAGE STATUS The meeting went into recess at 8:12 p.m. The meeting was reconvened at 8:19 p.m. Program Administrator Anthony Eulo presented the staff report. The public comment was opened at 8:25 p.m. Hearing no requests to speak, the public comment was closed Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Librers, adopting resolution 16-106 ending Level 2 Water Supply Shortage Condition and declaring Level 1 Water Supply Shortage Condition. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr PUBLIC HEARINGS: 23 16-407 CITY OF MORGAN HILL LANDSCAPE ASSESSMENT DISTRICT NUMBER 1 RESOLUTION ORDERING ANNUAL ASSESSMENTS AND RELATED ACTIONS Community Services Director Chris Ghione presented the staff report. The public hearing was opened at 8:33 p.m. Hearing no requests to speak, the public hearing was closed. Action: On a motion by Council Member Siebert and seconded by Mayor Pro Tem Constantine, adopting resolution 16-107 confirming Fiscal Year 16/17 annual assessments and ordering the levy of assessments for the District. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr City of Morgan Hill Page 7 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 24 16-405 ZONING AMENDMENT, ZAA-13-10: DEPOT - WESTON: ASSESSOR PARCEL NUMBER(S) 726-14-059 AND 060, ARE LOCATED ON THE EAST SIDE OF DEPOT STREET, SOUTH OF MAIN AVENUE AND NORTH OF SECOND STREET (GRANARY LLC, OWNER). CEQA: CONSISTENT WITH THE CERTIFIED DOWNTOWN SPECIFIC PLAN MASTER EIR Senior Planner Terry Linder presented the staff report. The public hearing was opened at 8:45 p.m. Hearing no requests to speak, the public hearing was closed. Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Librers, waiving the first and second reading of Ordinance 2206 approving an amendment to Ordinance No. 2091 which established a residential Planned Development for Barley Place, replacing precise development and reducing the project size to 0.67 acres and 16 dwelling units. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Librers, introducing Ordinance 2206. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Siebert, waiving First and Second Reading of Ordinance 2207 Approving a Planned Development and Precise Development Plan for the Granary District Retail Buildings. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr Action: On a motion by Mayor Pro Tem Constantine and seconded by Council Member Siebert, introducing Ordinance 2207. The motion passed by the following vote: Ayes: 4 - Constantine, Librers, Siebert, Tate Noes: 0 Absent: 1 - Carr City of Morgan Hill Page 8 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 FUTURE COUNCIL INITIATED AGENDA ITEMS: Council Member Siebert asked for a follow up on policy questions posed by the Planning Commission during the review of the CIP. Council Member Siebert asked for a discussion regarding the cost and time commitment to perform an organization wide compensation study. Mayor Tate asked for a demonstration of the new Trakit permitting software. ADJOURNMENT The meeting was adjourned at 8:48 p.m. in honor of San Jose Police Officer Michael Katherman. MINUTES PREPARED BY: Michelle Wilson, Deputy City Clerk City of Morgan Hill Page 9 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 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 meeting. 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 of the meeting. City of Morgan Hill Page 10 Printed on 7/21/2016 City Council Meeting Minutes June 15, 2016 City Council’s Priorities, Goals, and Strategies 2016 2016 Commitment The City Council is committed to engaging the community and being responsible stewards of public resources. Ongoing Priorities The City Council is committed to providing high quality and sustainable services for 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 a positive organizational culture - Preserving and cultivating public trust 2016 Focus Areas In addition to the City Council’s priorities, five specific focus areas were recognized by the Council that will require significant resources in 2016. - Planning Our Community - Developing Our Community - Enhancing Our Services - Improving Our Communication - Participating In Regional Initiatives City of Morgan Hill Page 11 Printed on 7/21/2016