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 17555 Peak Avenue Morgan Hill, CA 95037 Wednesday, December 16, 2015 Amended Agenda AMENDED AGENDA CALL TO ORDER 7:00 p.m. ROLL CALL ATTENDANCE Council Member Carr, Mayor Pro Tem Constantine, Council Member Librers, Council Member Siebert, Mayor Tate Present: 5 - 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 Page 1City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes CITY MANAGER'S REPORT City Manager Steve Rymer spoke regarding the Holiday furlough in which City offices will be closed December 24th through January 3rd. The offices will re-open on Monday January 4th. He spoke regarding the Morgan Hill Loves SB50 event this Saturday at the Outdoor Sports Center at 4:00 p.m. He recognized the Peak Performance Award Winners, the new City teammates and the teammates that were recognized for their years of service to the organization and community. He concluded by speaking to the evenings presentations and supplements. CITY ATTORNEY’S REPORT Interim City Attorney Gary Baum had no reports. OTHER REPORTS Council Member Constantine recognized the Peak Performance Award winners and all City teammates for their outstanding teamwork. PUBLIC COMMENT The public comment was opened at 7:23. p.m. Richard Vanella was called to speak and requested that two items be added to future agendas: that a redress regarding 40 trees that were removed in the Solara Ranch Division and the removal of height limitations of buildings within the City be discussed. The public comment was closed at 7:25 p.m. PRESENTATIONS 15-897 YAC PRESENTATION- ASSET #1 - FAMILY SUPPORT 15-896 PEAK PERFORMANCE AWARD WINNERS Challenge Teamwork Professional Growth Customer Service Innovation Thx 26x/yr Pathfinder Page 2City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes Fist Bump Employees of the Year ADOPTION OF AGENDA Adopt the agenda as posted. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 CONSENT CALENDAR: Approval of the Consent Calendar Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert approving Consent Calendar item 1 through 4 and 7 through 28. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 1 15-848 2015-16 AVOID THE 13 DUI CAMPAIGN MEMORANDUM OF UNDERSTANDING 2 15-854 2016 HAZARDOUS VEGETATION PROGRAM 3 15-861 AB 1600 DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR 2014-15 4 15-866 ADDENDUM TO PARTNERSHIP OPERATING AGREEMENT WITH THE YMCA OF SILICON VALLEY Page 3City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes 5 15-868 ADOPT ORDINANCE 2180, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR THE 12-UNIT CALLE SIENA PROJECT LOCATED ON THE NORTHERLY SIDE OF EAST MAIN AVENUE, APPROXIMATELY 420 FEET EASTERLY OF GRAND PRIX WAY (APN: 726-20-053) Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Waive the reading, Adopt Ordinance No. 2180 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.. The motion passed by the following vote: Ayes: Carr, Librers, Siebert, Tate4 - Noes: 0 Absent: 0 Recused: Constantine1 - 6 15-869 ADOPT ORDINANCE 2181, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR THE DEL MONTE - GIOVANNI PROJECT LOCATED ON THE EAST SIDE OF DEL MONTE AVENUE, 600 FEET NORTH OF WRIGHT AVENUE. THE AMENDMENT EXTENDS THE OBTAIN BUILDING PERMIT DATE THREE MONTHS AND THE COMMENCEMENT OF CONSTRUCTION DATE SIX MONTHS FOR THE SIX FISCAL YEAR 2014-2015 BUILDING ALLOCATIONS Action: On a motion by Mayor Pro Tem Carr and seconded by Council Member Siebert, Waive the reading, Adopt Ordinance No. 2181 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.. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert4 - Noes: 0 Absent: 0 Recused: Tate1 - 7 15-873 AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA VALLEY WATER DISTRICT 8 15-859 APPROVAL OF TRACTOR AND FLAIL MOWER PURCHASE 9 15-871 APPROVE AMENDMENT TO MOU WITH SOUTH SANTA CLARA COUNTY FIRE DISTRICT FOR FEMA GRANT AND AUTHORIZE PURCHASE FOR TWO SCBA FILL STATIONS 10 15-846 APPROVE RIGHT OF WAY AND SLOPE EASEMENT DEDICATIONS TO THE COUNTY OF SANTA CLARA FOR THE DEWITT AVENUE S-CURVE REALIGNMENT PROJECT Page 4City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes 11 15-710 APPROVE SECOND AMENDMENT TO THE SERVICE AGREEMENT FOR DESIGN PROFESSIONALS WITH HARRIS & ASSOCIATES FOR DEVELOPMENT REVIEW SERVICES 12 15-879 APPROVE THE AUGUST 5, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 13 15-880 APPROVE THE SEPTEMBER 2, 2015 REGULAR CITY COUNCIL MEETING MINUTES 14 15-881 APPROVE THE SEPTEMBER 16, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 15 15-882 APPROVE THE OCTOBER 7, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 16 15-883 APPROVE THE OCTOBER 9, 2015 SPECIAL CITY COUNCIL MEETING MINUTES 17 15-884 APPROVE THE OCTOBER 21, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 18 15-885 APPROVE THE NOVEMBER 4, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 19 15-819 AWARD A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. TO PROVIDE INSPECTION SERVICES FOR PUBLIC WORKS AND BUILDING PROJECTS 20 15-863 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2015 21 15-875 CREATE FLEXIBLY STAFFED CLASSIFICATION SERIES 22 15-824 DOMESTIC VIOLENCE RESPONSE TEAM GRANT FUNDS FROM COMMUNITY SOLUTIONS 23 15-874 FIFTH SEMI-ANNUAL REPORT ON POST-ISSUANCE COMPLIANCE PROCEDURES FOR TAX ADVANTAGED BONDS 24 15-790 FOLLOW UP REPORT ON COMMUNITY AND CULTURAL CENTER ENERGY EFFICIENCY PROJECT 25 15-584 LICENSE AGREEMENT WITH GEORGE CHIALA FARMS 26 15-864 OCTOBER 2015 FINANCIAL AND INVESTMENT REPORT Page 5City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes 27 15-865 PART-TIME TEMPORARY AND SEASONAL EMPLOYEES RESOLUTION AND CALIFORNIA MINIMUM WAGE 28 15-818 UPDATE TO CITY COUNCIL POLICIES AND PROCEDURES 94-11 ENTITLED “RESPONSIBILITY OF CITY COUNCIL DURING LOCAL EMERGENCY” PUBLIC HEARINGS: 29 15-853 IMPLEMENTATION OF A COMMUNITY CHOICE ENERGY PROGRAM Council Member Carr excused himself from the dais. Interim City Attorney Gary Baum announced that Council Member Carr has recused himself in order to avoid the appearance of a conflict of interest.He also announced that he represents the cities of Cupertino, Mountain View and Sunnyvale but not on this item. Program Administrator Anthony Eulo presented the report. The public comment was opened at 7:58 p.m. Doug Muirhead was called to speak and encouraged the City to delay its decision to allow for more community engagement. The public comment was closed at 8:00 p.m. The Mayor called a recess at 8:06 p.m. The meeting was reconvened at 8:14 p.m. Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, Accept the Silicon Valley Community Choice Energy Technical Study Draft Report. The motion passed by the following vote: Ayes: Constantine, Librers, Siebert, Tate4 - Noes: 0 Absent: 0 Abstain: Carr1 - Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, Waive the first and second reading of ordinance 2182 . The motion passed by the following vote: Ayes: Constantine, Librers, Siebert, Tate4 - Noes: 0 Absent: 0 Abstain: Carr1 - Action: On a motion by Council Member Constantine and seconded by Council Member Librers, Introduce ordinance 2182 authorizing the implementation of a community choice aggregation program and the City's participation in the Silicon Valley Clean Energy Authority. . The motion passed by the following vote: Ayes: Constantine, Librers, Siebert, Tate4 - Noes: 0 Absent: 0 Page 6City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes Abstain: Carr1 - Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, Adopt resolution 15-308 with the following actions: a. Approving the "Joint Powers Agreement Establishing the Silicon Valley Clean Energy Authority," b. Finding that the proposed actions are exempt from the California Environmental Quality Act, and c. Appropriating up to $150,000 in recoverable seed funds in the FY 15/16 Environmental Programs budget.. The motion passed by the following vote: Ayes: Constantine, Librers, Siebert, Tate4 - Noes: 0 Absent: 0 Abstain: Carr1 - Action: On a motion by Council Member Siebert and seconded by Council Member Constantine, Appoint Mayor Tate to serve as a Director of the Authority.. The motion passed by the following vote: Ayes: Constantine, Librers, Siebert, Tate4 - Noes: 0 Absent: 0 Abstain: Carr1 - Meeting went into Recess Meeting Reconvened Action: On a motion by Council Member Constantine and seconded by Council Member Librers, Appoint the City Manager or his designee to serve as an alternate Director.. The motion passed by the following vote: Ayes: Constantine, Librers, Siebert, Tate4 - Noes: 0 Absent: 0 Abstain: Carr1 - Page 7City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes OTHER BUSINESS: 30 15-872 PROVIDE DIRECTION TO STAFF ON INCLUDING ITEM ZA-14-13: PEAK-AMAS ON A FUTURE CITY COUNCIL MEETING AGENDA FOR RECONSIDERATION: A ZONING AMENDMENT TO CHANGE THE CURRENT ZONING FROM R-3(C) CONDITIONAL TO R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT AND CLARIFY COUNCIL DIRECTION FOR FUTURE REQUESTS TO RECONSIDER Mayor Tate provided background on the item. Council Member Siebert requested that the item be agendized for a future meeting as a member of the prevailing side. The public comment was opened at 8:17 p.m. Kathy Diefenbach shared that she does not understand why the item is being reagendized. The public comment was closed at 8:18 p.m. 31 15-852 LOCATION FOR “NEVER FORGOTTEN” THE TARA ALISH ROMERO SCULPTURE Community Services Supervisor Jennie Tucker presented the report. The public comment was opened at 8:24 p.m. Joseph Romero was called to speak and shared that he would prefer to have the memorial placed at the Community and Cultural Center. The public comment was closed at 8:25 p.m. Action: On a motion by Council Member Constantine and seconded by Mayor Tate, 1) Approve the Morgan Hill Civic Center Demonstration Garden as the permanent location for "Never Forgotten" the Tara Alish Romero Sculpture; and 2) Adopt resolution 15-309 authorizing the City Manager to execute and administer documents necessary to accept the donation of the Sculpture.. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Page 8City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes 32 15-830 SPAY AND NEUTER PROGRAM Police Captain Shane Palsgrove presented the report. The public comment was opened at 8:38 p.m. Ava Geddes was called to speak and encouraged the City to participate in the Spay and Neuter Program. Sarah Kelly was called to speak and spoke in support of the program and encouraged the City to participate in the program. The public comment was closed at 8:45 p.m. Action: On a motion by Council Member Constantine and seconded by Council Member Librers, 1. Accept report, and 2. Provide direction the City Manager to contribute $1,500 from the General Fund for the remainder of fiscal year 2015/16 and have it added as a line item to the 2016/17 budget. . The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Tate4 - Noes: Siebert1 - Absent: 0 33 15-870 CITYWIDE MINIMUM WAGE COMMUNITY ENGAGEMENT PROCESS REPORT Human Resources Manager Michelle Katsuyoshi and Management and Talent Exchange Participant Kurt Luenberger presented the report. The public comment was opened at 9:19 p.m. Jessica Lynam was called to speak and spoke on behalf of the Morgan Hill members of the California Restaurant Association and spoke in support of staff's recommended actions. The public comment was closed at 9:20 p.m. Action: On a motion by Council Member Constantine and seconded by Mayor Pro Tem Carr, Receive report on community outreach and engagement regarding minimum wage considerations. . The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Action: On a motion by Council Member Librers and seconded by Mayor Pro Tem Carr, Direct staff to return to Council with the results of San Jose's minimum wage study.. The motion passed by the following vote: Ayes: Carr, Librers, Siebert, Tate4 - Noes: Constantine1 - Absent: 0 This Staff Report was directed. Page 9City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes 34 15-858 AMENDMENT TO MEDICAL MARIJUANA ORDINANCES Police Captain Jerry Neumayer presented the report. The public comment was opened at 9:42 p.m. Doug Muirhead was called to speak and spoke in opposition to staff's recommended actions. The public comment was closed at 9:44 p.m. Action: On a motion by Council Member Siebert and seconded by Council Member Constantine, 1. Waive the first and second reading of ordinance 2183 ; and 2. Introduce Ordinance Amending Chapter 9.16 and Section 18.02.075 of Morgan Hill Municipal Code Imposing a Ban on Marijuana Cultivation, Delivery, and Dispensaries.. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Meeting went into Recess Meeting Reconvened Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, Introduce Ordinance 2183 Amending Chapter 9.16 and Section 18.02.075 of Morgan Hill Municipal Code Imposing a Ban on Marijuana Cultivation, Delivery, and Dispensaries.. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 PUBLIC HEARINGS: The Mayor called a recess at 9:52 p.m. The meeting was reconvened at 9:58 p.m. 35 15-844 AP 15-07- APPEAL OF THE PLANNING COMMISSION'S EVALUATION OF RESIDENTIAL DEVELOPMENT CONTROL SYSTEM (RDCS) APPLICATION MC-15-12 (JARVIS-MWEST) -PROPOSED DEVELOPMENT WOULD BE 374 RENTAL UNITS AT FULL BUILD-OUT. THE PROPERTIES, IDENTIFIED BY ASSESOR PARCEL NUMBER(S) 726-25-078, 726-25-079, 726-25-066 AND 726-25-067, ARE LOCATED AT THE NORTHEAST CORNER OF JARVIS DRIVE AND MONTEREY ROAD (MWEST PROPCO., APPLICANT). Senior Planner Gina Paolini presented the report. The public comment was opened at 10:04 p.m. Kerry Williams and Paul Anderson was called to speak and poke on behalf of the project. The public comment was closed at 10:20 p.m. Action: On a motion by Council Member Siebert and seconded by Council Member Librers, Extend the meeting to 11:30 p.m.. The motion passed by the following vote: Page 10City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Action: On a motion by Council Member Constantine and seconded by Council Member Siebert, Adopt resolution 15-310 denying the appeal.. The motion passed by the following vote: Ayes: Carr, Constantine, Librers, Siebert, Tate5 - Noes: 0 Absent: 0 Page 11City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes OTHER BUSINESS: 36 15-850 MORGAN HILL 2035: ZONING CODE UPDATE The public comment was opened at 11:20 p.m. Hearing no requests to speak, the public comment was closed. Review, discuss, and provide feedback on the approach, schedule, and recommended outline for the Morgan Hill Zoning Code Update. FUTURE COUNCIL INITIATED AGENDA ITEMS: Mayor Tate asked that the City Manager research the missing trees in the Solara Ranch development and the removal of building height restrictions. Community Development Director Andrew Crabtree clarified the issues. Council Member Siebert asked the City Manager for a recap of last year's City Council Initiated Future Business Items. ADJOURNMENT The meeting was at 11:25 p.m. MINUTES PREPARED BY: Michelle Wilson, Deputy City Clerk Page 12City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes 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. Page 13City of Morgan Hill Printed on 3/25/2016

December 16, 2015City Council Meeting Minutes 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 Page 14City of Morgan Hill Printed on 3/25/2016

City Council Regular Meeting Agenda Steve Tate ~ Mayor Rich Constantine ~ Mayor Pro Tem Gordon Siebert ~ Council Member Marilyn Librers ~ Council Member Larry Carr ~ Council Member Council Chamber 17555 Peak Avenue Morgan Hill, CA 95037 Wednesday, December 16, 2015 7:00 PM AMENDED AGENDA AMENDED AGENDA Please note that Item 29 has been amended. 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 Page 1City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda Council Member Carr CITY MANAGER'S REPORT CITY ATTORNEY’S REPORT 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) PRESENTATIONS YAC PRESENTATION- ASSET #1 - FAMILY SUPPORT15-897 Item # Report # YAC PresentationAttachments: PEAK PERFORMANCE AWARD WINNERS15-896 Item # Report # Peak Performance PP 12.16.2015Attachments: Challenge John Amos Page 2City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda Teamwork Lisa Rick Sergio Jauregui Debbie Vasquez Nick Calubaquib Thannia Delacroche Sandra Diner Fred Gomez Caitlin Kozacek Chiquy Mejia Jessica Redfield (YMCA) Shima Thompson (YMCA) Stephanie Vegh (YMCA) Kolby Rousseu (YMCA) Ashley Munday (YMCA) Mark Burke (YMCA) Sandra Madriles (YMCA) Prisma Renteria (YMCA) Leo Khooshabeh (YMCA) Professional Growth Jerry Neumayer Customer Service Isabel Arevalo Nancy Jett Innovation Edith Ramirez Dale Dapp Mark Rauscher Tony Haro Juan Zamora Rudy Zamarron Sergio Marquez Frank Alvarez Ismael Montes Daniel Johnson Thx 26x/yr Pat Heikens Page 3City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda Pathfinder Rebecca Garcia Fist Bump Julie Behzad Mike Fumagalli Employees of the Year Maureen Tobin Harjot Sangha 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 2015-16 AVOID THE 13 DUI CAMPAIGN MEMORANDUM OF UNDERSTANDING 15-8481 Item # Report # 12-16-15 AVOID Resolution wtih Budget.docx 030 Avoid the 13 MOU.pdf AVOID 2015 16 MOU.pdf Attachments: 2016 HAZARDOUS VEGETATION PROGRAM15-8542 Item # Report # Initial Resolution - Hazardous Vegetation ProgramAttachments: AB 1600 DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR 2014-15 15-8613 Item # Report # Attachment A Development Impact Fee Report FY 2014-15Attachments: Page 4City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda ADDENDUM TO PARTNERSHIP OPERATING AGREEMENT WITH THE YMCA OF SILICON VALLEY 15-8664 Item # Report # CRC Addendum 2 Resolution Second Addendum CRC Addendum Exhibit A Attachments: ADOPT ORDINANCE 2180, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR THE 12-UNIT CALLE SIENA PROJECT LOCATED ON THE NORTHERLY SIDE OF EAST MAIN AVENUE, APPROXIMATELY 420 FEET EASTERLY OF GRAND PRIX WAY (APN: 726-20-053) 15-8685 Item # Report # 2180 DAA-12-05A E. Main Calle Siena 2180 Exhibit A 32 Handout from Public.pdf Attachments: ADOPT ORDINANCE 2181, NEW SERIES, AN ORDINANCE OF THE CITY OF MORGAN HILL APPROVING AN AMENDED DEVELOPMENT AGREEMENT FOR THE DEL MONTE - GIOVANNI PROJECT LOCATED ON THE EAST SIDE OF DEL MONTE AVENUE, 600 FEET NORTH OF WRIGHT AVENUE. THE AMENDMENT EXTENDS THE OBTAIN BUILDING PERMIT DATE THREE MONTHS AND THE COMMENCEMENT OF CONSTRUCTION DATE SIX MONTHS FOR THE SIX FISCAL YEAR 2014-2015 BUILDING ALLOCATIONS 15-8696 Item # Report # 2181 DAA-13-11A Del Monte GiovanniAttachments: AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA VALLEY WATER DISTRICT 15-8737 Item # Report # Resolution Increasing MOU Appropriation 033 SCVWD MOU Exhibit B - MOU Amendment Attachments: Page 5City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda APPROVAL OF TRACTOR AND FLAIL MOWER PURCHASE15-8598 Item # Report # RESO_Tractor 2015 Tractor Flail Bid - RDO Salinas Attachments: APPROVE AMENDMENT TO MOU WITH SOUTH SANTA CLARA COUNTY FIRE DISTRICT FOR FEMA GRANT AND AUTHORIZE PURCHASE FOR TWO SCBA FILL STATIONS 15-8719 Item # Report # GrantReso_12-16-15 draft Document - 11-12-2015-85 First Amendment to Telecommunications and Other Equipment MOU Attachments: APPROVE RIGHT OF WAY AND SLOPE EASEMENT DEDICATIONS TO THE COUNTY OF SANTA CLARA FOR THE DEWITT AVENUE S-CURVE REALIGNMENT PROJECT 15-84610 Item # Report # Resolution-Dewitt S-curve Dedication Exhibit A to Resolution Project Location Map Attachments: APPROVE SECOND AMENDMENT TO THE SERVICE AGREEMENT FOR DESIGN PROFESSIONALS WITH HARRIS & ASSOCIATES FOR DEVELOPMENT REVIEW SERVICES 15-71011 Item # Report # Resolution Harris Associates - 2nd Amendment Resolution Exhibit A Resolution Exhibit B Attachment to Resolution Exhibit B 11 Supplement 1 Attachments: APPROVE THE AUGUST 5, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 15-87912 Item # Report # 08-05-15 Special-Regular Meeting MinutesAttachments: Page 6City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda APPROVE THE SEPTEMBER 2, 2015 REGULAR CITY COUNCIL MEETING MINUTES 15-88013 Item # Report # 09-02-15 regular meeting minutesAttachments: APPROVE THE SEPTEMBER 16, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 15-88114 Item # Report # 09-16-15 Special-Regular Meeting MinutesAttachments: APPROVE THE OCTOBER 7, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 15-88215 Item # Report # 10-07-15 Special-Regular City Council Meeting MinutesAttachments: APPROVE THE OCTOBER 9, 2015 SPECIAL CITY COUNCIL MEETING MINUTES 15-88316 Item # Report # 10-09-15 Special Meeting MinutesAttachments: APPROVE THE OCTOBER 21, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 15-88417 Item # Report # 10-21-15 Special-Regular Meeting MinutesAttachments: APPROVE THE NOVEMBER 4, 2015 SPECIAL/REGULAR CITY COUNCIL MEETING MINUTES 15-88518 Item # Report # 11-04-15 Special-Regular Meeting MinutesAttachments: AWARD A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. TO PROVIDE INSPECTION SERVICES FOR PUBLIC WORKS AND BUILDING PROJECTS 15-81919 Item # Report # Resolution for Inspection Services CSG 12-16-15 Service Agreement with CSG Consultants 12-16-15 - CSG Signed Only 035 CSG Consultant Engineering.pdf 036 CSG Building.pdf 19 Supplement 1 Attachments: Page 7City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2015 15-86320 Item # Report # CREATE FLEXIBLY STAFFED CLASSIFICATION SERIES15-87521 Item # Report # Flexibly Staffed Classification ResolutionAttachments: DOMESTIC VIOLENCE RESPONSE TEAM GRANT FUNDS FROM COMMUNITY SOLUTIONS 15-82422 Item # Report # DVRTGrantRenewal resolution Community Solutions_DVRT_Executed 10-14 FY16_Award_Letter_CalOES_DVRT Attachments: FIFTH SEMI-ANNUAL REPORT ON POST-ISSUANCE COMPLIANCE PROCEDURES FOR TAX ADVANTAGED BONDS 15-87423 Item # Report # FOLLOW UP REPORT ON COMMUNITY AND CULTURAL CENTER ENERGY EFFICIENCY PROJECT 15-79024 Item # Report # Carbon Lighthosue MHCC M&V SummaryAttachments: LICENSE AGREEMENT WITH GEORGE CHIALA FARMS15-58425 Item # Report # GC Farms Resolution chiala lease Attachments: OCTOBER 2015 FINANCIAL AND INVESTMENT REPORT15-86426 Item # Report # October 2015 Financial Statement Analysis October 2015 Financial and Investment Reports Attachments: PART-TIME TEMPORARY AND SEASONAL EMPLOYEES RESOLUTION AND CALIFORNIA MINIMUM WAGE 15-86527 Item # Report # Part-Time Temp Salary and Delegation for CM ResoAttachments: Page 8City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda UPDATE TO CITY COUNCIL POLICIES AND PROCEDURES 94-11 ENTITLED “RESPONSIBILITY OF CITY COUNCIL DURING LOCAL EMERGENCY” 15-81828 Item # Report # Local Emergency Policy for CC Reso CP-94-11 RESPONSIBILITY OF CITY COUNCIL DURING CITY DISASTER-EMERGENCY update (2)_Policy Attachments: Page 9City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda PUBLIC HEARINGS: IMPLEMENTATION OF A COMMUNITY CHOICE ENERGY PROGRAM 15-85329 Item # Report # Estimated Time: 10 Minutes FINAL DRAFT SVCCE Technical Study_112515 CCA Ordinance Ordinance Resolution Exhibit A Budget Scorecard.pdf Exhibit B JPA Agreement 29 Supplement 1 29 Supplement 2 29 Presentation Attachments: OTHER BUSINESS: PROVIDE DIRECTION TO STAFF ON INCLUDING ITEM ZA-14-13: PEAK-AMAS ON A FUTURE CITY COUNCIL MEETING AGENDA FOR RECONSIDERATION: A ZONING AMENDMENT TO CHANGE THE CURRENT ZONING FROM R-3(C) CONDITIONAL TO R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT AND CLARIFY COUNCIL DIRECTION FOR FUTURE REQUESTS TO RECONSIDER 15-87230 Item # Report # Estimated Time: 5 Minutes CP-96-01.pdf 11/18/15 Staff Report Attachments: Page 10City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda LOCATION FOR “NEVER FORGOTTEN” THE TARA ALISH ROMERO SCULPTURE 15-85231 Item # Report # Estimated Time: 10 Minutes Never Forgoten Public Art Reso Image of Never Forgotten Proposed Location for Never Forgotten Attachment 4 Attachment 5 31 Presentation Attachments: SPAY AND NEUTER PROGRAM15-83032 Item # Report # Estimated Time: 10 Minutes 32 and 33 Supplement 32 Presentation Attachments: CITYWIDE MINIMUM WAGE COMMUNITY ENGAGEMENT PROCESS REPORT 15-87033 Item # Report # Estimated Time: 20 minutes Cities Assoc Subcomittee on Minimum Wage Report 06.07.15 Minimum Wage Community Forum 12.01.15 Minimum Wage Business Forum 12.01.15 Minimum Wage Survey Results 32 and 33 Supplement Attachments: AMENDMENT TO MEDICAL MARIJUANA ORDINANCES15-85834 Item # Report # Estimated Time: 10 Minutes MJ Cultivation MJ Delivery Services Doc Med MJ Cultivation, Delivery, and Dispensary Ban_v2 34 Presentation Attachments: Page 11City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda PUBLIC HEARINGS: AP 15-07- APPEAL OF THE PLANNING COMMISSION'S EVALUATION OF RESIDENTIAL DEVELOPMENT CONTROL SYSTEM (RDCS) APPLICATION MC-15-12 (JARVIS-MWEST) -PROPOSED DEVELOPMENT WOULD BE 374 RENTAL UNITS AT FULL BUILD-OUT. THE PROPERTIES, IDENTIFIED BY ASSESOR PARCEL NUMBER(S) 726-25-078, 726-25-079, 726-25-066 AND 726-25-067, ARE LOCATED AT THE NORTHEAST CORNER OF JARVIS DRIVE AND MONTEREY ROAD (MWEST PROPCO., APPLICANT). 15-84435 Item # Report # Estimated Time: 45 Minutes CC Resolution 12-16-15 MWest Notice of Appeal Letter to City Clerk 11_30_15 PC Reso. 15-66 MC-15-12-Jarvis-MWest (Final) Project Plans PC Staff Report-Oct. 27, 2015 PC Staff Report-Nov. 10, 2015 MWest Appeal Letter to City Council on RDCS Score (12 04 15) v2 (3) Jarvis-MWest RDCS Comments Adjustments and Final Score 35 Supplement 1 35 Supplement 2 35 Presentation Attachments: OTHER BUSINESS: MORGAN HILL 2035: ZONING CODE UPDATE15-85036 Item # Report # Estimated Time: 20 Minutes Annotated Zoning Code Outline Memo Zoning Code Update Outline 36 Presentation Attachments: FUTURE COUNCIL INITIATED AGENDA ITEMS: Page 12City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting Agenda 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 Page 13City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting 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. Page 14City of Morgan Hill Printed on 12/18/2015

December 16, 2015City Council Regular Meeting 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. AP 15-07- APPEAL OF THE PLANNING COMMISSION'S EVALUATION OF RESIDENTIAL DEVELOPMENT CONTROL SYSTEM (RDCS) APPLICATION MC-15-12 (JARVIS-MWEST) -PROPOSED DEVELOPMENT WOULD BE 374 RENTAL UNITS AT FULL BUILD-OUT. THE PROPERTIES, IDENTIFIED BY ASSESOR PARCEL NUMBER(S) 726-25-078, 726-25-079, 726-25-066 AND 726-25-067, ARE LOCATED AT THE NORTHEAST CORNER OF JARVIS DRIVE AND MONTEREY ROAD (MWEST PROPCO., APPLICANT). Page 15City of Morgan Hill Printed on 12/18/2015