Agenda packet — Morgan Hill City Council, February 15, 2023 (part 11 of 11)

City of Morgan Hill Page 2
The Gates Project November 2022
have a significant adverse effect on the environment. On the basis of that study, the City makes the following determination:
• Although the project, as proposed, could have had a significant effect on the environment, there will not be a significant effect in this case because mitigation measures will be included in the project, and, therefore, this MITIGATED NEGATIVE DECLARATION has been prepared.

III. MITIGATION AND AVOIDANCE MEASURES
A. Biological Resources
Burrowing Owl
IV-1(a). Consistent with Condition 15 of the Santa Clara Valley Habitat Plan, prior to any ground disturbance related to covered activities, a qualified biologist shall conduct preconstruction surveys in all suitable habitat areas as identified during habitat surveys. The purpose of the preconstruction surveys is to document the presence or absence of burrowing owls on the project site, particularly in areas within 250 feet of construction activity.

To maximize the likelihood of detecting owls, the preconstruction survey shall last a minimum of three hours. The survey shall begin 1 hour before sunrise and continue until 2 hours after sunrise (3 hours total) or begin 2 hours before sunset and continue until 1 hour after sunset. Additional time may be required for large project sites. A minimum of two surveys shall be conducted (if owls are detected on the first survey, a second survey is not needed). All owls observed shall be counted and their location shall be mapped.

Surveys shall conclude less than 2 calendar days prior to construction. Therefore, the project proponent must begin surveys less than 4 days prior to construction (2 days of surveying plus up to 2 days between surveys and construction). To avoid last minute changes in schedule or contracting that may occur if burrowing owls are found, the project proponent may also conduct a preliminary survey up to 14 days before construction. This preliminary survey may count as the first of the two required surveys as long as the second survey concludes less than 2 calendar days in advance of construction. All survey results shall be submitted to the City of Morgan Hill Development Services Department prior to the start of construction. If burrowing owls are not identified, further action is not required.

IV-1(b). Should burrowing owls be found on the site during the breeding season (February 1 through August 31), exclusion zones, with a 250-foot radius from occupied burrows, shall be established. All development-related activities shall occur outside of the exclusion area until the young have fledged. Establishment of the exclusion area shall be determined by a qualified biologist to the satisfaction of the City of Morgan Hill Development Services Department.

IV-1(c). If pre-construction surveys are conducted during the non-breeding season (September 1 through January 31) and burrowing owls are observed on the site, the project proponent shall establish a 250-foot non-disturbance buffer around occupied burrows as determined by a qualified biologist. Construction activities outside of the 250-foot buffer shall be allowed. Construction activities within the non-disturbance buffer shall be allowed if the following criteria are met in order to prevent owls from abandoning important overwintering sites:

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City of Morgan Hill Page 3
The Gates Project November 2022
• A qualified biologist monitors the owls for at least three days prior to construction to determine baseline foraging behavior (i.e., behavior without construction).
• The same qualified biologist monitors the owls during construction and finds no change in owl foraging behavior in response to construction activities. • If any change in owl foraging behavior occurs as a result of construction activities, such activities shall cease within the 250-foot buffer. • If the owls are gone for at least one week, the project proponent may request approval from the Habitat Agency that a qualified biologist excavate usable burrows to prevent owls from reoccupying the site. After all usable burrows are excavated, the buffer zone shall be removed, and construction may continue. Monitoring shall continue as described above for the non-breeding season as long as the burrow remains active.

Passive relocation of owls shall not be permitted unless the positive growth trend described in Section 5.4.6 of the SCVHP is achieved and all passive relocation measures identified in the SCVHP are implemented. The project applicant may choose to obtain an exception that would allow for passive relocation, in which case an application shall be submitted to the Habitat Agency along with a passive relocation plan in accordance with Section 6.6.1, Condition 15, Exceptions to Passive Relocation Prohibition, of the SCVHP. The Habitat Agency shall have the final authority to grant or deny the requested exception.

Nesting Migratory Birds and Raptors
IV-2. If construction is proposed during breeding season (February 1 to August 31), a preconstruction nesting survey for raptors and other protected migratory birds shall be conducted by a qualified biologist, consistent with conditions set forth by the SCVHP, and submitted to the City of Morgan Hill Development Services Department for review no more than 14 days prior to the start of construction. Pre-construction surveys during the non-breeding season (September 1 to January 31) are not necessary for birds, including roosting raptors, as they are expected to abandon their roosts during construction. If these species are deemed absent from the area, no further mitigation is required, and construction may occur within 14 days following the survey during the early nesting season (February to May) and within 30 days following the survey during the late nesting season (June to August).

If nesting migratory birds or raptors are detected on or adjacent to the site during the survey, a suitable construction-free buffer shall be established around all active nests. The precise dimension of the buffer (250-foot minimum for certain raptors) shall be determined by the qualified biologist at that time and may vary depending on location, topography, type of construction activity, and species. The buffer areas shall be enclosed with temporary fencing, and construction equipment and workers shall not enter the enclosed setback areas. Buffers shall remain in place for the duration of the breeding season or until it has been confirmed by a qualified biologist that all chicks have fledged and are independent of their parents.

Swainson’s Hawk and White-Tailed Kite
IV-3. If construction activities occur between February 1 and August 31, the applicant shall conduct surveys for Swainson’s hawk and white-tailed kite in accordance with the Swainson’s Hawk Technical Advisory Committee 2000 guidelines (SHTAC 2000), or current guidance. Surveys shall cover a minimum of a 0.5-mile radius around the construction area. If nesting Swainson’s hawks or white-tailed kites are detected, a

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The Gates Project November 2022
no-disturbance buffer shall be established as determined by the qualified biologist but shall not be less than 500 feet. Buffers shall be maintained until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest or parental care for survival.

If potential nesting trees are to be removed during construction activities, removal shall take place outside of Swainson’s hawk and white-tailed kite nesting season and CDFW will develop a plan to replace known nest trees at a ratio of 3:1. Potential nest trees shall include those trees with current (at the time of the surveys) or documented historic use by Swainson’s hawk or white-tailed kites for nesting. If replacement planting is implemented, monitoring shall be conducted annually for 5 years to assess the mitigation’s effectiveness. The performance standard for the mitigation will be 65% survival of all replacement plantings.

Tricolored Blackbird
IV-4. Consistent with Condition 17 of the Santa Clara Valley Habitat Plan, prior to any ground disturbance related to covered activities, a qualified biologist shall investigate whether the nearby Butterfield Retention Basin has been occupied by nesting tricolored blackbirds within the past 5 years. This shall include checking the California Natural Diversity Database, contacting local experts, and conducting a preconstruction survey in all accessible areas identified as supporting potential tricolored blackbird nesting habitat. The survey shall document the current, and to the extent possible, historical presence or absence of nesting colonies of tricolored blackbird. Surveys shall conclude no more than two calendar days prior to construction. If a tricolored blackbird nesting colony is present or has been within the past 5 years, a 250-foot buffer shall be applied from the outer edge of all hydrophytic vegetation associated with the site and the site plus buffer shall be avoided. The Wildlife Agencies shall be notified immediately of nest locations. All survey results shall be submitted to the City of Morgan Hill Development Services Department prior to the start of construction. If current or recent tricolored blackbird nesting colonies are not identified, further action is not required.

If construction takes place during the breeding season when an active colony is present, a qualified biologist shall monitor construction to ensure that the 250-foot buffer zone is enforced. If monitoring indicates that construction outside of the buffer is affecting a breeding colony, the buffer shall be increased if space allows (e.g., move staging areas farther away). If space does not allow, construction shall cease until the colony abandons the site or until the end of the breeding season, whichever occurs first. The biological monitor shall also conduct training of construction personnel on the avoidance procedures, buffer zones, and protocols in the event that tricolored blackbirds fly into an active construction zone (i.e., outside the buffer zone).

IV-5. Prior to initiation of grading, excavation, or other construction activities, the applicant shall obtain permit authorization, as determined by USACE, to fill waters of the U.S. under Section 404 of the federal Clean Water Act (Section 404 Permit) from USACE. The Section 404 Permit application shall include an assessment of directly impacted, avoided, and preserved acreages of waters of the U.S. Mitigation measures may be developed as part of the Section 404 Permit to ensure the avoidance and minimize impacts to waters of the U.S. Final mitigation requirements shall be developed in consultation with USACE. A copy of the Section 404 Permit issued for the project shall be submitted to the City’s Development Services Department prior to commencement of grading, excavation, or other construction activities.

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City of Morgan Hill Page 5
The Gates Project November 2022
IV-6. Prior to initiation of grading, excavation or other construction activities, the project applicant shall submit to the San Francisco Bay Regional Water Quality Control Board an application for Clean Water Act Section 401 Water Quality Certification and/or Waste Discharge Requirements for Projects Involving Discharge of Dredged and/or Fill Material to Waters of the State. The project applicant shall be responsible for conducting all project activities in accordance with the permit provisions outlined in the applicable permit. A copy of the Water Quality Certification or waiver issued for the project shall be submitted to the City’s Development Services Department prior to commencement of grading, excavation, or other construction activities.

IV-7. Prior to the commencement of construction, the project applicant shall pay all applicable fees to the SCVHP to address permanent impacts to the project site and the 0.52-acre of onsite wetlands. In addition, the project shall comply with standards set forth by Condition No. 3 and Condition No. 12 of the SCVHP. Proof of payment of applicable fees shall be submitted and reviewed by the City’s Development Services Department.

IV-8. The project applicant shall obtain a tree removal permit prior to the removal of any Ordinance Sized Trees as defined by the City. The project applicant shall mitigate for the removal of the Ordinance Sized Trees located within the project site, as identified in the Arborist Report prepared for the proposed project, by providing an on-site replacement planting at a minimum 1:1 ratio with 15-gallon minimum size trees.

For the Ordinance Sized Trees to be preserved as part of the project, pursuant to the Arborist Report prepared for the proposed project by Monarch Consulting Arborists, the project applicant shall implement Tree Preservation Recommendations, including, but not limited to, the following:
• Include tree identification numbers, protection fence locations, and preservation and guidelines on all the project plans, or alternatively create a separate plan sheet that includes all tree protection measures labeled “T-1 Tree Protection Plan;”
• Place a protection fence around the trees to be retained at a radius of eight times the diameter at breast height (DBH);
• Install temporary irrigation or soaker hoses in the Tree Protection Zones (TPZs);
• Monitor watering times or amounts to ensure adequate soil saturation; • All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management:

Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices;
• Implement all general tree protection guidelines included in Appendix D of the Arborist Report, including recommendations for arborist assistance while working under trees, trenching, or excavation within a tree’s drip line or designated TPZ/Critical Root Zone (CRZ);
• Provide a copy of the Arborist Report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect; and

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City of Morgan Hill Page 6
The Gates Project November 2022
• Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.

The above measures shall be included in the notes on construction drawings, subject to review and approval by the City of Morgan Hill Development Services Department, prior to initiation of construction.

IV-9. Prior to issuance of a grading permit for the proposed project the owner or designee shall pay the Santa Clara Valley Habitat Plan per-acre fee in effect for the appropriate fee zone of the project site, as determined by the Santa Clara Valley Habitat Agency, in compliance with Section 18.132.050 of the Morgan Hill Municipal Code.

B. Geology and Soils
VII-1. All grading and foundation plans for the development shall be designed by a Civil and Structural Engineer and reviewed and approved by City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of grading and building permits to ensure that all geotechnical recommendations specified in the Geotechnical Investigation prepared for the proposed project by Terrasearch, inc., in reference to additional consultation, observation and testing services provided by Quantum Geotechnical, inc., are properly incorporated and utilized in the project design.

VII-2 Prior to the issuance of grading permits, the project applicant shall ensure recommendations pertaining to undocumented fill are incorporated into all grading and building plans designed by a Civil and Structural Engineer and reviewed and approved by City Engineer, Chief Building Official, and a qualified Geotechnical Engineer in accordance with recommendations specified in the Geotechnical Investigation prepared by Terrasearch, inc.

C. Greenhouse Gas Emissions
VIII-1. The following requirements shall be noted on project improvement plans, subject to review and approval by the Morgan Hill Development Services Department:
• The proposed project shall be designed such that the project is built allelectric, and natural gas infrastructure shall be prohibited on-site, including in the non-residential development; and
• A minimum of four commercial use electric vehicle (EV) capable parking spaces shall be included on-site, consistent with the Tier 2 CALGreen standards.

D. Hazards and Hazardous Materials
IX-1. Prior to commencement of construction activities associated with the project site, the project applicant shall implement the recommendations included in the Additional Arsenic Assessment prepared by Stantec Consulting Services, Inc. for the proposed project, including the excavation and disposal of the on-site soils specified in the Assessment (i.e., associated with HA-1, HA-2, HA-3), and the collection of confirmation soil samples to be analyzed by a state-certified hazardous waste

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The Gates Project November 2022
testing laboratory for arsenic, to confirm removal of the arsenic to the proposed cleanup level of 11.0 mg/kg. Verification of proper excavation, disposal, and confirmation testing shall be submitted to the Santa Clara County Department of Environmental Health (SCCDEH) and Morgan Hill Development Services Department.

IX-2 Prior to commencement of construction activities, the project applicant shall hire a licensed contractor to conduct additional testing of the 35-gallon unlabeled steel cylinder with an undifferentiable liquid to confirm the contents within. In the event that hazardous materials are found within the cylinder, the project applicant shall dispose of the materials and cylinder in accordance with applicable USEPA methods.

The results of the testing, as well as verification of proper disposal, shall be submitted to the Morgan Hill Development Services Department.

E. Hydrology and Water Quality
X-1. Finished building pad elevations shall be a minimum of one foot above the 100-year floodplain line, in accordance with Section 15.80.160 of the Morgan Hill Municipal Code, and shall be shown on project Improvement Plans prior to their approval. The final pad elevation shall be certified by a California registered civil engineer or licensed land surveyor and submitted to the City Engineer. This certification shall be done prior to construction of the foundation or at the completion of final grading, whichever comes first. No building construction is allowed until the certification has been received by the City Engineer and approved by the floodplain manager.

Benchmark elevation and location shall be shown on the Improvement Plans to the satisfaction of the Morgan Hill Development Services Department.

F. Noise
XIII-1. Noise-generating construction activities associated with the proposed project shall only occur within the hours identified in Municipal Code Section 8.28.040(D). The above language shall be included on final project improvement plans prior to issuance of a grading permit by the City of Morgan Hill Development Services Department.

XIII-2. To the maximum extent practical, the following measures shall be implemented during project construction:
• All noise-producing project equipment and vehicles using internalcombustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition;
• All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, State, or local agency shall comply with such regulations while in the course of project construction; • Electrically powered equipment shall be used instead of pneumatic or internal-combustion-powered equipment, where feasible;
• Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receptors; • Project area and site access road speed limits shall be established and enforced during the construction period; and

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The Gates Project November 2022
• Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.

The above requirements shall be included via notation on project grading plans, subject to review and approval by the Development Services Department prior to issuance of a grading permit.

III. FINDING
The City of Morgan Hill hereby finds that the proposed project could have a significant effect on the environment; however, there would not be a significant effect in this case because mitigation measures summarized above and described in the initial study will reduce the impacts to a less-than-significant level. ______________________
Jennifer Carman, Development Services Director Date

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MITIGATION MONITORING AND REPORTING PROGRAM

THE GATES PROJECT

MORGAN HILL, CALIFORNIA
Prepared for the:

Community Development Department
17575 Peak Avenue
Morgan Hill, CA 95037
408.778.6480
Prepared by:

Raney Planning & Management, Inc.
1501 Sports Drive, Suite A
Sacramento, CA 95834
December 2022

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THE GATES PROJECT 1 DECEMBER 2022

MITIGATION MONITORING AND REPORTING PROGRAM

INTRODUCTION
The City of Morgan Hill, as Lead Agency under the California Environmental Quality Act (CEQA) and State CEQA Guidelines, has prepared the Final Mitigated Negative Declaration (MND) for The Gates Project (proposed project). When a lead agency makes findings on significant effects identified in an MND, it must also adopt a program for reporting or monitoring mitigation measures that were adopted or made conditions of project approval (Public Resources Code [PRC] Section 21081.6[a]; State CEQA Guidelines Sections 15091[d], 15097).

This document represents the mitigation monitoring and reporting program (MMRP) prepared by the City of Morgan Hill for the proposed project. This MMRP includes all measures required to reduce potentially significant environmental impacts to a less-than-significant level. In addition, the MMRP identifies the timing of implementation; the agency responsible for implementing the mitigation; and the agency responsible for monitoring the mitigation. The mitigation measures, timing, and responsibility are summarized in Table 1, and the full text of the mitigation measures follows. The implementation and monitoring of the mitigation measures, in conjunction with the implementation of the City’s Standard Measures required for such projects, will ensure the reduction of potentially significant environmental effects to less-than-significant levels.

This MMRP has been prepared by the City of Morgan Hill, with technical assistance from Raney Planning & Management, Inc., an environmental consulting firm. Questions should be directed to Gina Paolini, Principal Planner, at the City of Morgan Hill.

Contact Information:

City of Morgan Hill
Community Development Department
17575 Peak Avenue
Morgan Hill, CA 95037
408.778.6480

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 2 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation Prior to Construction
BIO-1 (IV-1[a]): Consistent with Condition 15 of the
Santa Clara Valley Habitat Plan, prior to any ground
disturbance related to covered activities, a qualified
biologist shall conduct preconstruction surveys in all
suitable habitat areas as identified during habitat
surveys. The purpose of the preconstruction surveys is
to document the presence or absence of burrowing
owls on the project site, particularly in areas within 250 feet of construction activity.

To maximize the likelihood of detecting owls, the
preconstruction survey shall last a minimum of three
hours. The survey shall begin 1 hour before sunrise and continue until 2 hours after sunrise (3 hours total) or begin 2 hours before sunset and continue until 1 hour
after sunset. Additional time may be required for large project sites. A minimum of two surveys shall be
conducted (if owls are detected on the first survey, a
second survey is not needed). All owls observed shall
be counted and their location shall be mapped.

Surveys shall conclude less than 2 calendar days prior
to construction. Therefore, the project proponent must
begin surveys less than 4 days prior to construction (2 days of surveying plus up to 2 days between surveys
and construction). To avoid last minute changes in
schedule or contracting that may occur if burrowing
owls are found, the project proponent may also
conduct a preliminary survey up to 14 days before
construction. This preliminary survey may count as the
first of the two required surveys as long as the second survey concludes less than 2 calendar days in advance
of construction. All survey results shall be submitted
to the City of Morgan Hill Development Services
Project Applicant with a
Qualified Biologist
City of Morgan Hill
Development Services
Department
Prior to any ground disturbance related
to SCVHP covered activities.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 3 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation Department prior to the start of construction. If
burrowing owls are not identified, further action is not required.

BIO-2 (IV-1[b]): Should burrowing owls be found on
the site during the breeding season (February 1 through August 31), exclusion zones, with a 250-foot radius
from occupied burrows, shall be established. All
development-related activities shall occur outside of
the exclusion area until the young have fledged.

Establishment of the exclusion area shall be
determined by a qualified biologist to the satisfaction of the City of Morgan Hill Development Services
Department.

Project Applicant with
Construction Contractor
and a Qualified Biologist
City of Morgan Hill
Development Services
Department
If pre-construction surveys are
conducted during the breeding season
(February 1 through August 31) and
burrowing owls are observed on the
site.

BIO-3 (IV-1[c]): If pre-construction surveys are
conducted during the non-breeding season (September
1 through January 31) and burrowing owls are
observed on the site, the project proponent shall
establish a 250-foot non-disturbance buffer around
occupied burrows as determined by a qualified
biologist. Construction activities outside of the 250-
foot buffer shall be allowed. Construction activities
within the non-disturbance buffer shall be allowed if
the following criteria are met in order to prevent owls from abandoning important overwintering sites:
• A qualified biologist monitors the owls for at
least three days prior to construction to
determine baseline foraging behavior (i.e.,
behavior without construction).
• The same qualified biologist monitors the
owls during construction and finds no change
in owl foraging behavior in response to
construction activities.
• If any change in owl foraging behavior occurs
as a result of construction activities, such
Project Applicant with
Construction Contractor
and a Qualified Biologist
City of Morgan Hill
Development Services
Department
If pre-construction surveys are
conducted during the non-breeding
season (September 1 through January
31) and burrowing owls are observed on
the site.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 4 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation activities shall cease within the 250-foot
buffer.
• If the owls are gone for at least one week, the
project proponent may request approval from
the Habitat Agency that a qualified biologist
excavate usable burrows to prevent owls from
reoccupying the site. After all usable burrows
are excavated, the buffer zone shall be
removed, and construction may continue.

Monitoring shall continue as described above
for the non-breeding season as long as the
burrow remains active.

The project applicant may choose to obtain an
exception that would allow for passive relocation, in
which case an application shall be submitted to the
Habitat Agency along with a passive relocation plan in
accordance with Section 6.6.1, Condition 15,
Exceptions to Passive Relocation Prohibition, of the
SCVHP. The Habitat Agency shall have the final
authority to grant or deny the requested exception.

BIO-4 (IV-2): If construction is proposed during
breeding season (February 1 to August 31), a preconstruction nesting survey for raptors and other protected migratory birds shall be conducted by a
qualified biologist, consistent with conditions set forth by the SCVHP, and submitted to the City of Morgan
Hill Development Services Department for review no
more than 14 days prior to the start of construction.

Pre-construction surveys during the non-breeding
season (September 1 to January 31) are not necessary
for birds, including roosting raptors, as they are
Project Applicant with
Construction Contractor
and a Qualified Biologist
City of Morgan Hill
Development Services
Department
Prior to the start of construction, if
construction is proposed during the
breeding season (February 1 to August
31).

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 5 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation expected to abandon their roosts during construction.

If these species are deemed absent from the area, no
further mitigation is required, and construction may
occur within 14 days following the survey during the
early nesting season (February to May) and within 30
days following the survey during the late nesting
season (June to August).

If nesting migratory birds or raptors are detected on or adjacent to the site during the survey, a suitable
construction-free buffer shall be established around all active nests. The precise dimension of the buffer (250- foot minimum for certain raptors) shall be determined
by the qualified biologist at that time and may vary
depending on location, topography, type of
construction activity, and species. The buffer areas
shall be enclosed with temporary fencing, and
construction equipment and workers shall not enter the
enclosed setback areas. Buffers shall remain in place
for the duration of the breeding season or until it has been confirmed by a qualified biologist that all chicks have fledged and are independent of their parents.

BIO-5 (IV-3): If construction activities occur between
February 1 and August 31, the applicant shall conduct
surveys for Swainson’s hawk and white-tailed kite in
accordance with the Swainson’s Hawk Technical
Advisory Committee 2000 guidelines (SHTAC 2000),
or current guidance. Surveys shall cover a minimum of
a 0.5-mile radius around the construction area. If
nesting Swainson’s hawks or white-tailed kites are
detected, a no-disturbance buffer shall be established
as determined by the qualified biologist but shall not
be less than 500 feet. Buffers shall be maintained until a qualified biologist has determined that the young
have fledged and are no longer reliant upon the nest or parental care for survival.

Project Applicant with
Construction Contractor
and a Qualified Biologist
City of Morgan Hill
Development Services
Department
Prior to the start of construction, if
construction activities occur between
February 1 and August 31.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 6 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation If potential nesting trees are to be removed during
construction activities, removal shall take place
outside of Swainson’s hawk and white-tailed kite
nesting season and CDFW will develop a plan to
replace known nest trees at a ratio of 3:1. Potential nest trees shall include those trees with current (at the time of the surveys) or documented historic use by
Swainson’s hawk or white-tailed kites for nesting. If
replacement planting is implemented, monitoring shall
be conducted annually for 5 years to assess the
mitigation’s effectiveness. The performance standard
for the mitigation will be 65% survival of all
replacement plantings.

BIO-6 (IV-4): Consistent with Condition 17 of the
Santa Clara Valley Habitat Plan, prior to any ground
disturbance related to covered activities, a qualified
biologist shall investigate whether the nearby existing detention basin, located southeast of the project site, has been occupied by nesting tricolored blackbirds
within the past 5 years. This shall include checking the California Natural Diversity Database, contacting local experts, and conducting a preconstruction survey in all accessible areas identified as supporting potential
tricolored blackbird nesting habitat. The survey shall
document the current, and to the extent possible,
historical presence or absence of nesting colonies of
tricolored blackbird. Surveys shall conclude no more
than two calendar days prior to construction. If a
tricolored blackbird nesting colony is present or has
been within the past 5 years, a 250-foot buffer shall be applied from the outer edge of all hydrophytic
vegetation associated with the site and the site plus
buffer shall be avoided. The Wildlife Agencies shall be notified immediately of nest locations. All survey
results shall be submitted to the City of Morgan Hill
Project Applicant with
Construction Contractor
and a Qualified Biologist
City of Morgan Hill
Development Services
Department
Prior to any ground disturbance related
to SCVHP covered activities.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 7 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation Development Services Department prior to the start of
construction. If current or recent tricolored blackbird nesting colonies are not identified, further action is not required.

If construction takes place during the breeding season
when an active colony is present, a qualified biologist shall monitor construction to ensure that the 250-foot
buffer zone is enforced. If monitoring indicates that
construction outside of the buffer is affecting a
breeding colony, the buffer shall be increased if space allows (e.g., move staging areas farther away). If space does not allow, construction shall cease until the
colony abandons the site or until the end of the
breeding season, whichever occurs first. The biological monitor shall also conduct training of construction
personnel on the avoidance procedures, buffer zones,
and protocols in the event that tricolored blackbirds fly into an active construction zone (i.e., outside the buffer zone).

BIO-7 (IV-5): Prior to initiation of grading,
excavation, or other construction activities, the
applicant shall obtain permit authorization, as
determined by USACE, to fill waters of the U.S. under
Section 404 of the federal Clean Water Act (Section
404 Permit) from USACE. The Section 404 Permit
application shall include an assessment of directly
impacted, avoided, and preserved acreages of waters of
the U.S. Mitigation measures may be developed as part
of the Section 404 Permit to ensure the avoidance and
minimize impacts to waters of the U.S. Final
mitigation requirements shall be developed in
consultation with USACE. A copy of the Section 404
Permit issued for the project shall be submitted to the City’s Development Services Department prior to
Project Applicant City of Morgan Hill
Development Services
Department
USACE
Prior to initiation of grading,
excavation, or other construction
activities.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 8 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation commencement of grading, excavation, or other
construction activities.

BIO-8 (IV-6): Prior to initiation of grading,
excavation or other construction activities, the project applicant shall submit to the San Francisco Bay
Regional Water Quality Control Board an application
for Clean Water Act Section 401 Water Quality
Certification and/or Waste Discharge Requirements
for Projects Involving Discharge of Dredged and/or
Fill Material to Waters of the State. The project
applicant shall be responsible for conducting all
project activities in accordance with the permit
provisions outlined in the applicable permit. A copy of the Water Quality Certification or waiver issued for the project shall be submitted to the City’s Development
Services Department prior to commencement of
grading, excavation, or other construction activities.

Project Applicant with
Construction Contractor
City of Morgan Hill
Development Services
Department

SFBRWQCB
Prior to initiation of grading,
excavation, or other construction
activities.

BIO-9 (IV-7): Prior to the commencement of
construction, the project applicant shall pay all
applicable fees to the SCVHP to address permanent
impacts to the project site and the 0.52-acre of onsite wetlands. In addition, the project shall comply with
standards set forth by Condition No. 3 and Condition
No. 12 of the SCVHP. Proof of payment of applicable
fees shall be submitted and reviewed by the City’s
Development Services Department.

Project Applicant City of Morgan Hill
Development Services
Department
Prior to the commencement of
construction.

BIO-10 (IV-8): The project applicant shall obtain a
tree removal permit prior to the removal of any
Ordinance Sized Trees as defined by the City. The
project applicant shall mitigate for the removal of the Ordinance Sized Trees located within the project site,
as identified in the Arborist Report prepared for the
proposed project, by providing an on-site replacement
planting at a minimum 1:1 ratio with 15-gallon
minimum size trees.

Project Applicant with
Construction Contractor
City of Morgan Hill
Development Services
Department
Prior to the removal of any Ordinance
Sized Trees.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 9 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation For the Ordinance Sized Trees to be preserved as part
of the project, pursuant to the Arborist Report prepared for the proposed project by Monarch Consulting
Arborists, the project applicant shall implement Tree
Preservation Recommendations, including, but not
limited to, the following:
• Include tree identification numbers,
protection fence locations, and preservation
and guidelines on all the project plans, or
alternatively create a separate plan sheet that
includes all tree protection measures labeled
“T-1 Tree Protection Plan;”
• Place a protection fence around the trees to be
retained at a radius of eight times the diameter
at breast height (DBH);
• Install temporary irrigation or soaker hoses in
the Tree Protection Zones (TPZs);
• Monitor watering times or amounts to ensure
adequate soil saturation;
• All tree maintenance and care shall be
performed by a qualified arborist with a C61/D-49 California Contractors License. Tree maintenance and care shall be specified in
writing according to American National
Standard for Tree Care Operations: Tree,
Shrub and Other Woody Plant Management:

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 10 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation trees, trenching, or excavation within a tree’s
drip line or designated TPZ/Critical Root
Zone (CRZ);
• Provide a copy of the Arborist Report to all
contractors and project managers, including
the architect, civil engineer, and landscape
designer or architect; and
• Arrange a pre-construction meeting with the
project arborist or landscape architect to
verify tree protection is in place, with the
correct materials, and at the proper distances.

The above measures shall be included in the notes on
construction drawings, subject to review and approval
by the City of Morgan Hill Development Services
Department, prior to initiation of construction.

BIO-11 (IV-9): Prior to issuance of a grading permit
for the proposed project the owner or designee shall
pay the Santa Clara Valley Habitat Plan per-acre fee in effect for the appropriate fee zone of the project site, as determined by the Santa Clara Valley Habitat
Agency, in compliance with Section 18.132.050 of the
Morgan Hill Municipal Code.

Project Applicant City of Morgan Hill
Development Services
Department
Prior to the issuance of grading permits.

GEO-1 (VII-1): All grading and foundation plans for
the development shall be designed by a Civil and
Structural Engineer and reviewed and approved by
City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of grading and
building permits to ensure that all geotechnical
recommendations specified in the Geotechnical
Investigation prepared for the proposed project by
Terrasearch, inc., in reference to additional
consultation, observation and testing services provided by Quantum Geotechnical, inc., are properly
incorporated and utilized in the project design.

Project Applicant with a
Civil and Structural
Engineer
City of Morgan Hill
Development Services
Department
City Engineer
Chief Building Official
Qualified Geotechnical
Engineer
Prior to the issuance of grading and
building permits.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 11 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation GEO-2 (VII-2): Prior to the issuance of grading
permits, the project applicant shall ensure
recommendations pertaining to undocumented fill are
incorporated into all grading and building plans
designed by a Civil and Structural Engineer and
reviewed and approved by City Engineer, Chief
Building Official, and a qualified Geotechnical
Engineer in accordance with recommendations
specified in the Geotechnical Investigation prepared by Terrasearch, inc.

GHG-1 (VIII-1): The following requirements shall be
noted on project improvement plans, subject to review
and approval by the Morgan Hill Development
Services Department:
• The proposed project shall be designed such
that the project is built all-electric, and natural
gas infrastructure shall be prohibited on-site,
including in the non-residential development;
and
• A minimum of four commercial use electric
vehicle (EV) capable parking spaces shall be
included on-site, consistent with the Tier 2
CALGreen standards.

Project Applicant City of Morgan Hill
Development Services
Department
Prior to project improvement plan
approval.

HAZ-1 (IX-1): Prior to commencement of
construction activities associated with the project site, the project applicant shall implement the
recommendations included in the Additional Arsenic
Assessment prepared by Stantec Consulting Services,
Inc. for the proposed project, including the excavation and disposal of the on-site soils specified in the
Assessment (i.e., associated with HA-1, HA-2, HA-3),
and the collection of confirmation soil samples to be
analyzed by a state-certified hazardous waste testing
laboratory for arsenic, to confirm removal of the
arsenic to the proposed cleanup level of 11.0 mg/kg.

Project Applicant with
Construction Contractor
City of Morgan Hill
Development Services
Department
Prior to commencement of construction
activities.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 12 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation Verification of proper excavation, disposal, and
confirmation testing shall be submitted to the Morgan
Hill Development Services Department.

HAZ-2 (IX-2): Prior to commencement of
construction activities, the project applicant shall hire a licensed contractor to conduct additional testing of
the 35-gallon unlabeled steel cylinder with an
undifferentiable liquid to confirm the contents within.

In the event that hazardous materials are found within
the cylinder, the project applicant shall dispose of the materials and cylinder in accordance with applicable
USEPA methods. The results of the testing, as well as
verification of proper disposal, shall be submitted to
the Morgan Hill Development Services Department.

Project Applicant with
Licensed Contractor
City of Morgan Hill
Development Services
Department
Prior to commencement of construction
activities.

HYD-1 (X-1): Finished building pad elevations shall
be a minimum of one foot above the 100-year
floodplain line, in accordance with Section 15.80.160
of the Morgan Hill Municipal Code, and shall be
shown on project Improvement Plans prior to their
approval. The final pad elevation shall be certified by a California registered civil engineer or licensed land surveyor and submitted to the City Engineer. This
certification shall be done prior to construction of the foundation or at the completion of final grading,
whichever comes first. No building construction is
allowed until the certification has been received by the City Engineer and approved by the floodplain
manager. Benchmark elevation and location shall be
shown on the Improvement Plans to the satisfaction of
the Morgan Hill Development Services Department.

Project Applicant with
California Registered
Civil Engineer or
Licensed Land Surveyor
City of Morgan Hill
Development Services
Department
City Engineer
Floodplain Manager
Prior to project improvement plan
approval; and prior to construction of
the foundation or at the completion of
final grading, whichever comes first.

During Construction
NOI-1 (XIII-1): Noise-generating construction
activities associated with the proposed project shall
only occur within the hours identified in Municipal
Code Section 8.28.040(D). The above language shall
Project Applicant with
Construction Contractor
City of Morgan Hill
Development Services
Department
Prior to approval of improvement
plans, issuance of a grading permit,
and during construction activities.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 13 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation be included on final project improvement plans prior
to issuance of a grading permit by the City of Morgan
Hill Development Services Department.

NOI-2 (XIII-2): To the maximum extent practical, the
following measures shall be implemented during
project construction:
• All noise-producing project equipment and
vehicles using internal-combustion engines
shall be equipped with manufacturersrecommended mufflers and be maintained in good working condition;
• All mobile or fixed noise-producing
equipment used on the project site that are
regulated for noise output by a federal, State,
or local agency shall comply with such
regulations while in the course of project
construction;
• Electrically powered equipment shall be used
instead of pneumatic or internal-combustionpowered equipment, where feasible; • Material stockpiles and mobile equipment
staging, parking, and maintenance areas shall
be located as far as practicable from noisesensitive receptors; • Project area and site access road speed limits
shall be established and enforced during the
construction period; and
• Nearby residences shall be notified of
construction schedules so that arrangements
can be made, if desired, to limit their exposure
to short-term increases in ambient noise
levels.

The above requirements shall be included via notation
on project grading plans, subject to review and
Project Applicant with
Construction Contractor
City of Morgan Hill
Development Services
Department
Prior to issuance of a grading permit
and during construction activities.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 14 DECEMBER 2022
TABLE 1. MITIGATION MONITORING AND REPORTING PROGRAM – SUMMARY OF MITIGATION MEASURES Mitigation Measure Implementation
Responsibility Monitoring Responsibility1 Timing of Implementation approval by the Development Services Department
prior to issuance of a grading permit.
1 The City of Morgan Hill may hire a qualified contractor to conduct mitigation monitoring.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 15 DECEMBER 2022

BIOLOGICAL RESOURCES
The project’s construction-related activities could have potentially significant effects on burrowing owl, Swainson’s hawk, white-tailed kite, tricolored blackbird, and other nesting migratory birds and raptors protected by the Migratory Bird Treaty Act (MBTA). In addition, without compliance with Clean Water Act permit requirements and Santa Clara Valley Habitat Plan (SCVHP) Conditions, the project could have a substantial adverse effect on on-site wetlands. Furthermore, the project would require appropriate protection measures during construction for trees identified for preservation, as well as replacement trees in accordance with the City’s Tree Protection Ordinance. Finally, without compliance with applicable SCVHP conditions and payment of fees, the proposed project could conflict with the SCVHP.

Implementation of the following measures would reduce the potentially significant impacts to less-thansignificant levels.

MM BIO-1: Consistent with Condition 15 of the Santa Clara Valley Habitat Plan, prior to any ground disturbance related to covered activities, a qualified biologist shall conduct preconstruction surveys in all suitable habitat areas as identified during habitat surveys. The purpose of the preconstruction surveys is to document the presence or absence of burrowing owls on the project site, particularly in areas within 250 feet of construction activity.

If burrowing owls are not identified, further action is not required.

MM BIO-2: Should burrowing owls be found on the site during the breeding season (February 1 through August 31), exclusion zones, with a 250-foot radius from occupied burrows, shall be established. All development-related activities shall occur outside of the exclusion area until the young have fledged. Establishment of the exclusion area shall be determined by a qualified biologist to the satisfaction of the City of Morgan Hill Development Services Department.

MM BIO-3: If pre-construction surveys are conducted during the non-breeding season (September 1 through January 31) and burrowing owls are observed on the site, the project proponent shall establish a 250-foot non-disturbance buffer around occupied burrows as determined by a qualified biologist. Construction activities outside of the 250-foot buffer shall be allowed. Construction activities within the

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 16 DECEMBER 2022
non-disturbance buffer shall be allowed if the following criteria are met in order to prevent owls from abandoning important overwintering sites:
• A qualified biologist monitors the owls for at least three days prior to construction to determine baseline foraging behavior (i.e., behavior without construction).
• The same qualified biologist monitors the owls during construction and finds no change in owl foraging behavior in response to construction activities.
• If any change in owl foraging behavior occurs as a result of construction activities, such activities shall cease within the 250-foot buffer. • If the owls are gone for at least one week, the project proponent may request approval from the Habitat Agency that a qualified biologist excavate usable burrows to prevent owls from reoccupying the site. After all usable burrows are excavated, the buffer zone shall be removed, and construction may continue. Monitoring shall continue as described above for the non-breeding season as long as the burrow remains active.

MM BIO-4 If construction is proposed during breeding season (February 1 to August 31), a pre-construction nesting survey for raptors and other protected migratory birds shall be conducted by a qualified biologist, consistent with conditions set forth by the SCVHP, and submitted to the City of Morgan Hill Development Services Department for review no more than 14 days prior to the start of construction. Preconstruction surveys during the non-breeding season (September 1 to January 31) are not necessary for birds, including roosting raptors, as they are expected to abandon their roosts during construction. If these species are deemed absent from the area, no further mitigation is required, and construction may occur within 14 days following the survey during the early nesting season (February to May) and within 30 days following the survey during the late nesting season (June to August).

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 17 DECEMBER 2022
MM BIO-5 If construction activities occur between February 1 and August 31, the applicant shall conduct surveys for Swainson’s hawk and white-tailed kite in accordance with the Swainson’s Hawk Technical Advisory Committee 2000 guidelines (SHTAC 2000), or current guidance. Surveys shall cover a minimum of a 0.5-mile radius around the construction area. If nesting Swainson’s hawks or white-tailed kites are detected, a no-disturbance buffer shall be established as determined by the qualified biologist but shall not be less than 500 feet. Buffers shall be maintained until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest or parental care for survival.

Potential nest trees shall include those trees with current (at the time of the surveys) or documented historic use by Swainson’s hawk or white-tailed kites for nesting.

If replacement planting is implemented, monitoring shall be conducted annually for 5 years to assess the mitigation’s effectiveness. The performance standard for the mitigation will be 65% survival of all replacement plantings.

MM BIO-6 Consistent with Condition 17 of the Santa Clara Valley Habitat Plan, prior to any ground disturbance related to covered activities, a qualified biologist shall investigate whether the nearby existing detention basin, located southeast of the project site, has been occupied by nesting tricolored blackbirds within the past 5 years. This shall include checking the California Natural Diversity Database, contacting local experts, and conducting a preconstruction survey in all accessible areas identified as supporting potential tricolored blackbird nesting habitat. The survey shall document the current, and to the extent possible, historical presence or absence of nesting colonies of tricolored blackbird. Surveys shall conclude no more than two calendar days prior to construction. If a tricolored blackbird nesting colony is present or has been within the past 5 years, a 250-foot buffer shall be applied from the outer edge of all hydrophytic vegetation associated with the site and the site plus buffer shall be avoided. The Wildlife Agencies shall be notified immediately of nest locations. All survey results shall be submitted to the City of Morgan Hill Development Services Department prior to the start of construction.

If current or recent tricolored blackbird nesting colonies are not identified, further action is not required.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 18 DECEMBER 2022
MM BIO-7 Prior to initiation of grading, excavation, or other construction activities, the applicant shall obtain permit authorization, as determined by USACE, to fill waters of the U.S. under Section 404 of the federal Clean Water Act (Section 404 Permit) from USACE. The Section 404 Permit application shall include an assessment of directly impacted, avoided, and preserved acreages of waters of the U.S. Mitigation measures may be developed as part of the Section 404 Permit to ensure the avoidance and minimize impacts to waters of the U.S.. Final mitigation requirements shall be developed in consultation with USACE. A copy of the Section 404 Permit issued for the project shall be submitted to the City’s Development Services Department prior to commencement of grading, excavation, or other construction activities.

MM BIO-8 Prior to initiation of grading, excavation or other construction activities, the project applicant shall submit to the San Francisco Bay Regional Water Quality Control Board an application for Clean Water Act Section 401 Water Quality Certification and/or Waste Discharge Requirements for Projects Involving Discharge of Dredged and/or Fill Material to Waters of the State. The project applicant shall be responsible for conducting all project activities in accordance with the permit provisions outlined in the applicable permit. A copy of the Water Quality Certification or waiver issued for the project shall be submitted to the City’s Development Services Department prior to commencement of grading, excavation, or other construction activities.

MM BIO-9 Prior to the commencement of construction, the project applicant shall pay all applicable fees to the SCVHP to address permanent impacts to the project site and the 0.52-acre of onsite wetlands. In addition, the project shall comply with standards set forth by Condition No. 3 and Condition No. 12 of the SCVHP. Proof of payment of applicable fees shall be submitted and reviewed by the City’s Development Services Department.

MM BIO-10 The project applicant shall obtain a tree removal permit prior to the removal of any Ordinance Sized Trees as defined by the City. The project applicant shall mitigate for the removal of the Ordinance Sized Trees located within the project site, as identified in the Arborist Report prepared for the proposed project, by providing an on-site replacement planting at a minimum 1:1 ratio with 15-gallon minimum size trees.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 19 DECEMBER 2022
• Install temporary irrigation or soaker hoses in the Tree Protection Zones (TPZs);
• Monitor watering times or amounts to ensure adequate soil saturation; • All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices;
• Implement all general tree protection guidelines included in Appendix D of the Arborist Report, including recommendations for arborist assistance while working under trees, trenching, or excavation within a tree’s drip line or designated TPZ/Critical Root Zone (CRZ);
• Provide a copy of the Arborist Report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect; and
• Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.

MM BIO-11 Prior to issuance of a grading permit for the proposed project the owner or designee shall pay the Santa Clara Valley Habitat Plan per-acre fee in effect for the appropriate fee zone of the project site, as determined by the Santa Clara Valley Habitat Agency, in compliance with Section 18.132.050 of the Morgan Hill Municipal Code.

GEOLOGY AND SOILS
Inclusion of project-specific recommendations regarding the removal and replacement of undocumented fill soils within the project site included in the Geotechnical Investigation prepared for the proposed project would be necessary to ensure that substantial impacts related to geology and soils do not occur.

Implementation of the following measure would reduce the potentially significant impact to a less-thansignificant level.

MM GEO-1: All grading and foundation plans for the development shall be designed by a Civil and Structural Engineer and reviewed and approved by City Engineer, Chief Building Official, and a qualified Geotechnical Engineer prior to issuance of grading and building permits to ensure that all geotechnical recommendations specified in the Geotechnical Investigation prepared for the proposed project by Terrasearch, inc., in reference to additional consultation, observation and testing services provided by Quantum Geotechnical, inc., are properly incorporated and utilized in the project design.

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 20 DECEMBER 2022
MM GEO-2 Prior to the issuance of grading permits, the project applicant shall ensure recommendations pertaining to undocumented fill are incorporated into all grading and building plans designed by a Civil and Structural Engineer and reviewed and approved by City Engineer, Chief Building Official, and a qualified Geotechnical Engineer in accordance with recommendations specified in the Geotechnical Investigation prepared by Terrasearch, inc.

GREENHOUSE GAS EMISSIONS
In order to be consistent with the Bay Area Air Quality Management District (BAAQMD) thresholds of significance, the proposed project would be required to include all electric appliances and plumbing, and comply with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 standards. Implementation of the following measure would ensure project compliance, thus, reducing the potentially significant impact to a less-than-significant level.

MM GHG-1: The following requirements shall be noted on project improvement plans, subject to review and approval by the Morgan Hill Development Services Department:
• The proposed project shall be designed such that the project is built allelectric, and natural gas infrastructure shall be prohibited on-site, including in the non-residential development; and
• A minimum of four commercial use electric vehicle (EV) capable parking spaces shall be included on-site, consistent with the Tier 2 CALGreen standards.

HAZARDS AND HAZARDOUS MATERIALS
Contaminants of concern (COCs) have been identified within on-site soils. In addition, potential recognized environmental conditions (RECs) and COCs have been identified associated with two propane tanks and an open, approximately 35-gallon unlabeled steel cylinder with unidentifiable liquid in the southern portion of the project site. As such, the proposed project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials in the environment associated with the aforementioned conditions. Implementation of the following measures would reduce such potentially significant impacts to less-than-significant levels.

MM HAZ-1: Prior to commencement of construction activities associated with the project site, the project applicant shall implement the recommendations included in the Additional Arsenic Assessment prepared by Stantec Consulting Services, Inc. for the proposed project, including the excavation and disposal of the on-site soils specified in the Assessment (i.e., associated with HA-1, HA-2, HA-3), and the collection of confirmation soil samples to be analyzed by a state-certified hazardous waste testing laboratory for arsenic, to confirm removal of the arsenic to the proposed cleanup level of 11.0 mg/kg. Verification of proper excavation, disposal, and confirmation testing shall be submitted to the Morgan Hill Development Services Department.

MM HAZ-2: Prior to commencement of construction activities, the project applicant shall hire a licensed contractor to conduct additional testing of the 35-gallon unlabeled steel

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 21 DECEMBER 2022
cylinder with an undifferentiable liquid to confirm the contents within. In the event that hazardous materials are found within the cylinder, the project applicant shall dispose of the materials and cylinder in accordance with applicable USEPA methods. The results of the testing, as well as verification of proper disposal, shall be submitted to the Morgan Hill Development Services Department.

HYDROLOGY AND WATER QUALITY
The project site is located within a Special Flood Hazard Area (SFHA) and a Letter of Map Revision (LOMR) has not been approved for the project site. Thus, the potential exists that the project could alter the existing drainage pattern of the site or area in a manner which would impede or redirect flood flows.

Implementation of the following measure would reduce the potentially significant impact to a less-thansignificant level.

MM HYD-1: Finished building pad elevations shall be a minimum of one foot above the 100- year floodplain line, in accordance with Section 15.80.160 of the Morgan Hill Municipal Code, and shall be shown on project Improvement Plans prior to their approval. The final pad elevation shall be certified by a California registered civil engineer or licensed land surveyor and submitted to the City Engineer. This certification shall be done prior to construction of the foundation or at the completion of final grading, whichever comes first. No building construction is allowed until the certification has been received by the City Engineer and approved by the floodplain manager. Benchmark elevation and location shall be shown on the Improvement Plans to the satisfaction of the Morgan Hill Development Services Department.

NOISE
The proposed project would result in a temporary increase in ambient noise levels that could conflict with City standards in the project vicinity during construction. Implementation of the following measures would reduce such potentially significant impacts to less-than-significant levels.

MM NOI-1: Noise-generating construction activities associated with the proposed project shall only occur within the hours identified in Municipal Code Section 8.28.040(D). The above language shall be included on final project improvement plans prior to issuance of a grading permit by the City of Morgan Hill Development Services Department.

MM NOI-2: To the maximum extent practical, the following measures shall be implemented during project construction:
• All noise-producing project equipment and vehicles using internalcombustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition;
• All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, State, or local agency shall comply with such regulations while in the course of project construction;

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CITY OF MORGAN HILL MITIGATION MONITORING AND

REPORTING PROGRAM
THE GATES PROJECT 22 DECEMBER 2022
• Electrically powered equipment shall be used instead of pneumatic or internal-combustion-powered equipment, where feasible;
• Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noisesensitive receptors; • Project area and site access road speed limits shall be established and enforced during the construction period; and
• Nearby residences shall be notified of construction schedules so that arrangements can be made, if desired, to limit their exposure to short-term increases in ambient noise levels.

The above requirements shall be included via notation on project grading plans, subject to review and approval by the Development Services Department prior to issuance of a grading permit.

FINDING
The City of Morgan Hill Development Services Director hereby finds that the proposed project could have a significant effect on the environment; however, there would not be a significant effect in this case because mitigation measures summarized above and described in the MND are included in the project.

Jennifer Carman
Development Services Director
Date: ______________________

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From: D. Muirhead
To: PC Public Comment
Subject: comment Morgan Hill Planning Commission 12/13 #3 The Gates Date: Tuesday, December 13, 2022 9:31:29 AM
Hello Morgan Hill Planning Commission,
A comment for your December 13 meeting agenda Item #3 The Gates.

I support this project. However, in my opinion, you have been overly generous in your findings of consistency with the City General Plan, especially with respect to encouraging and enabling walking and bicycling, You are supported by your IS/MND descriptions of Pedestrian, Bicycle, and Transit Facilities which imply adequacy which I dispute.

I will comment on the following topics in order of importance to me. - Pedestrian and Bicycle Facilities
- Transit Facilities
- Public Benefit diminished by ancient PD
- Irrelevant citing of South End of Monterey Corridor
[Pedestrian and Bicycle Facilities]
The IS/MND claims bike/ped/transit facilities exist near the project.

Missing is a map of existing and planned facilities which would have made obvious the circuitous route required to go south for pedestrians and the narrow shoulder not a "bike lane" under the UPPR bridge.

For pedestrians, there is no exit from the south end of the project due to blockage by the UPPR bridge overpass and fencing blocking access to Old Monterey. To go south, one goes north to Cochrane, crosses Monterey going east, then goes south from Cochrane to the "signalized intersection of Monterey Road and Old Monterey Road ... providing a connection between sidewalks on both sides of Monterey Road." Crossing west at that intersection now gives one use of sidewalks to go to Downtown or over to Llagas to go west to Hale.

Anyone who actually walks in our City would not agree that this "would provide for improved pedestrian connectivity in the project area." For bicyclists, the IS/MND claims the existing bike lane along the Monterey Road frontage would be retained. That "bike lane" turns into a 3-foot wide shoulder in order to cross under the UPPR bridge. That narrow shoulder has multiple storm drain grates which can block with debris and standing water during stormy weather.
[Transit Facilities]
The IS/MND claims the project site is served by VTA bus routes that run along Monterey Road, Cochrane Road and Hale Avenue.

The bus stops for Express Route 568 are said to be approximately 1,000 feet walking distance from the project site. The 568 does

Page 1550 of 1628 ends

not operate on weekends.

The bus stops for Frequent Route 68 are said to be approximately

0.8-mile walking distance from the project site on Hale at Llagas.

Plus wait times at two signalized intersections.

The bus stops for Local Route 87 are said to be approximately 1,000 feet walking distance from the project site. The 87 is a limited start-of-school/end-of-school/no-midday service and does not operate on weekends.
[Public Benefit diminished by ancient PD]
Staff notes that there was no substantial public benefit requirement in 2002 when the PD was established and goes on to say that their interpretation of the Zoning Ordinance does not require a substantial public benefit. To have a PD sit on a shelf for 20 years and be allowed to evade current public policy as expressed in the Muni Code is more than disappointing.
[Irrelevant citing of South End of Monterey Corridor]
Under PROJECT ANALYSIS AND FINDINGS General Plan Land Use Consistency:

Policy CNF-15.4 Commercial Uses Along Monterey Road north of Watsonville Road. Encourage commercial development and concentrate community shopping uses along Monterey Road north of Watsonville Road, but discourage commercial activities south of Watsonville Road.

Consistent: The conceptual plan provides for five commercial flex units, that would allow for additional commercial uses to be established in the area along Monterey Road.

The Monterey Corridor has a North End (Tilton-Main), the Downtown, and a South End (Dunne-Tennant). This project does nothing to help us develop the South End of the Monterey Corridor.

Thank you for your consideration. If you really want to support those of us who would like to travel without using a car, you need to be more rigorous in describing our Pedestrian, Bicycle, and Transit Facilities.

WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

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General Plan and Zoning Amendment
GPA2021-0005 and ZA2021-0005
Monterey – City Ventures (The Gates)
February 15, 2023

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Project Site and Location
Location: Southwest quadrant of
Monterey Road and Cochrane
Road
Site Area: 3.82 acres
General Plan: Commercial
Zoning: General
Commercial/Planned Development
Monterey – City Ventures (The Gates)
1 Site

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Project History
May 1, 2002 – City Council approved Ord.
1549
• “Gateway Center” PD includes

1. APN 764-10-014: Arco gas station,
AM/PM mini mart, and car wash

2. APN 764-10-014: Multi-tenant
commercial building (hair salon;
Starbucks with drive through)

3. APN 764-10-013: Project parcel
(undeveloped)

4. APN 764-10-015: Project parcel
(undeveloped)
• Project parcels designed for multi-tenant
commercial retail and office building.

Monterey – City Ventures (The Gates)
2

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3 General Plan Amendment
Existing: Commercial
Proposed: Mixed Use Flex
Density: 7-24 du/ac
Monterey – City Ventures (The Gates)
Zoning Amendment
Existing: General Commercial
(CG)/Planned Development (PD)
Proposed: Mixed-Use Flex (MU-F)

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4 Proposed Project
• 5 commercial units
• 600-1,400 sf
• 49 townhome-style condominiums
• 3 to 4 bedrooms
• 1,400-2,300 sf units
Monterey – City Ventures (The Gates)

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Policy Considerations

1. Does the proposed General Plan Amendment meet the intent of the General Plan goals and policies?

2. Can the findings for approval of a Zoning Map Amendment be made?

3. Does removal of subject properties from the existing PD require a public benefit?
Monterey – City Ventures (The Gates)
5

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Consistency with General Plan
Goal CNF-2 An Improved, Orderly, and Efficient Pattern of Urban Development.

Policy CNF-2.1 Orderly Development. Promote the orderly development of the City, with concentric growth and infill
of existing developed areas.

Goal CNF-10 A Variety of Housing Types and Densities Available to All Residents
Policy CNF-10.3 Adequate Supply of Multi-Family Housing. Provide for an adequate supply of multi-family housing, located convenient to shopping, services, and transportation routes.

Policy CNF-10.6 Density Near Infrastructure. Encourage higher residential densities at locations where convenient access and adequate infrastructure is readily available.

Monterey – City Ventures (The Gates)
6

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Consistency with General Plan
Goal CNF-13 Mixed Use Flex Developments That Include a Variety of Uses and Forms to Foster a Dynamic Urban Environment
Policy CNF-13.1 Mixed Use Flex Development. Encourage a mix of uses, either vertically or horizontally, to allow residents and employees to meet daily needs without the use of the private automobile.

Policy CNF-13.2 Density Feathering. Encourage the feathering of land use densities and intensities from high to low along Monterey Road with higher intensity land uses located adjacent to Downtown.

Policy CNF-15.4 Commercial Uses Along Monterey Road North of Watsonville Road. Encourage commercial development and concentrate community shopping uses along Monterey Road north of Watsonville Road but discourage commercial activities south of Watsonville Road.

Goal CNF-19 Distinct, Attractive, Inviting, and Improved Gateways to the Community.

Monterey – City Ventures (The Gates)
7

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Consistency with General Plan
Goal ED-6 A Mix of Uses Along Monterey Corridor That Supports the Downtown and Encourages Walking and Biking.

Policy ED-6.1 Monterey Corridor Non-Residential Development. Encourage non-residential development along Monterey Corridor that supports Downtown’s role as the cultural and activity center of Morgan Hill.

Policy ED-6.2 Monterey Corridor Residential Development. Support the development of housing along Monterey Corridor to foster a vibrant urban environment that enables residents the option of walking and biking to their daily needs.

Policy NRE-15.6 Residential Near Transit. Encourage higher density residential and mixed-use development adjacent to commercial centers and transit corridors – the land along or within walking distance of a street served by transit.

Monterey – City Ventures (The Gates)
8

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Monterey – City Ventures (The Gates)
9 Consistency with Zoning Standards

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Substantial Public Benefit
• PD Amendment is required to remove project parcels
from PD
• No new PD master plan is being formed
• No public benefit in 2002 during formation of
“Gateway Center” PD
• No loss of benefits to the City
Monterey – City Ventures (The Gates)
10

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General Plan Amendment Findings
Does the proposed General Plan Land Use Designation Amendment meet the letter and intent of the general plan goals and policies? Monterey – City Ventures (The Gates)
11

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Zoning Amendment Findings

1. The proposed amendment is consistent with the general plan and any applicable specific plan.

2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan, and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

Monterey – City Ventures (The Gates)
12

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California Environmental Quality Act (CEQA)
An Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) was prepared for the project.

Areas of concern:
• Biological resources
• Geology and soils
• Hydrology and water quality
• Noise
• Greenhouse gas emissions
• Hazards and hazardous materials
A letter dated Dec. 12, 2022 was received from the Santa Clara Valley Water District (SCVWD).
• Minor corrections recommended to the IS/MND.
• An errata and updated version of the MMRP has been prepared.

Monterey – City Ventures (The Gates)
13

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Recommendations

1. Open/close the public hearing;

2. Adopt a Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project;

3. Adopt a Resolution approving an amendment to the General Plan land use designation;

4. Waive the first and second reading of the Zoning Amendment Ordinance; and

5. Introduce the Zoning Amendment Ordinance.

Monterey – City Ventures (The Gates)
14

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Questions?
15

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6 CITY COUNCIL STAFF REPORT
MEETING DATE: February 15, 2023
PREPARED BY:

Nichole Martin, Community Services Coordinator
APPROVED BY: City Manager
ADOPT RESOLUTION APPROVING COMMENCEMENT OF 2023

HAZARDOUS VEGETATION ABATEMENT PROGRAM

RECOMMENDATION(S)

1. Open/Close public hearing; and

2. Adopt Resolution A authorizing Santa Clara County to commence hazardous vegetation abatement activities on the attached list; and

3. Adopt Resolution B authorizing Santa Clara County to commence hazardous vegetation abatement activities for the remaining parcel.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment
REPORT NARRATIVE:

POLICY CONSIDERATIONS:

On December 7, 2022, the City Council adopted Resolution 22-058 declaring hazardous vegetation growing in the City of Morgan Hill to be a public nuisance. The Resolution further established February 15, 2023 as the date for a public hearing on properties proposed for inclusion in the 2023 Hazardous Vegetation Program (Program). Program notices (Attachment 1) have been mailed to property owners in Morgan Hill whose properties have been identified as having, or potentially having, a problem with hazardous vegetation. In addition, notices of this public hearing have been published in the newspaper per Government Code Section 39566. The purpose of this hearing is to allow property owners to object to having their property in the 2023 Hazardous Vegetation Management Program, have the City Council consider these objections, and/or provide general public comment regarding the program. The list of properties in the Program has been posted at City Hall for over ten days prior to this public hearing.

The City controls the growth of hazardous vegetation under the authority set out in Chapter 8.20 of the Morgan Hill Municipal Code and in Government Code Sections

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6 39560 and following. The City has a contract with the Santa Clara County Consumer and Environmental Protection Agency (Agency) which provides for abatement of the property if the property owner does not maintain the property as required. If the work is completed by the Agency's contractor, costs for the work are assessed to the property owner. Properties on the Hazardous Vegetation Program List have been inspected by Agency staff and have been found to have unsafe vegetation during the growing season. Once a property is added to the Program, it remains on the program for a minimum of three years.

COMMUNITY ENGAGEMENT:

Empower
The hazardous vegetation abatement program relies on a full range of community engagement approaches. Much of it begins when the County Program or City Fire Department informs a property owner that a hazardous situation has been observed on their property. As noted in the attached packet mailed to the property owners, each property owner is given several months during which they may consult and work together with Program staff to understand the situation and the needed remedies.

Ultimately, each property owner is invited and empowered to remedy the situation themselves in order to minimize their program charges while maintaining public safety.

In addition, many of the properties on the original list are placed on the list as a result of a complaint from a community member about a hazardous situation.

ALTERNATIVE ACTIONS:

The Council can choose to adopt the resolutions as presented or to exclude any of the properties on the list. In addition, the Council can choose to delay action on the resolution. Delaying action could ultimately provide the affected property owners with less notice and time to plan for abating their hazardous vegetation.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council adopted the annual resolution in December. This hearing and the abatement schedule are consistent with the actions taken by the Council for over a decade.

FISCAL AND RESOURCE IMPACT:

The Hazardous Vegetation Program is user fee supported. The per-lot assessment includes costs for doing the weed and brush control work plus overhead County costs to administer the program. The City does not retain any revenue for this activity. In addition to charges for failed inspections and actual abatement work, an annual inspection fee of $92 is charged to all property owners in the Program. These fees are communicated to the property owners when they are annually notified about the Program. The actual total charge per parcel will vary based on whether or not the property owner abated their own weeds and whether or not they did so before the County’s inspection, after the May 1 deadline. The County returns the actual proposed assessment list to the City in the summer for the assessment of program charges. Per the approach adopted by the Council, the program charges are discussed at a local prehearing with City staff and then imposed via an administrative hearing held by the

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6 County’s Hearing Officer.

Item (Current County Fee)
Annual Inspection and Administration ($92 annually)
Noncompliant Fee charged to properties not in compliance by the May 1 deadline ($519)
Abatement Administration Fee charged to properties requiring County abatement (Contractor costs + $891)
As the County has found that its revenues in the past were not always adequate to support the program, the Board of Supervisors has adopted a fee schedule designed to achieve full cost recovery and has shifted ultimate fiscal responsibility to participating jurisdictions. If the County determines that program-wide revenues in a given year were insufficient to cover program-wide costs, the jurisdictions participating in the Program will be billed for their prorata share of the shortfall.

Administering this Program is an activity in the Public Services Department work program and budget.

CEQA (California Environmental Quality Act):

Categorical Exemption
These activities are categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations, Title 21, Section 15304(i) (Minor Alterations to Land - Fuel Management Activities).

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Sample

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(over)
TRA 04
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 7, 2022, pursuant to the provisions of Section

8.20.030 of the Morgan Hill Municipal Code, the City Council of said City passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section 8.20.010, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

NOTICE IS FURTHER GIVEN that property owners shall without delay, remove all such weeds from their property, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the City authorities, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of said City to be held in the Council Chambers of the City of Morgan Hill located at 17555 Peak Avenue, Morgan Hill, California, on Wednesday, February 15, 2023, at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.

The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.

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(over)
TRA 04

MORGAN HILL WEED ABATEMENT PROGRAM SCHEDULE
February 15, 2023 Public hearing to consider objections to Abatement List.

May 1, 2023 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.

July/August 2023 Assessment Hearing date to be scheduled by City Council. 2023 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $92.00 per parcel.

Please be advised that the property owner of any parcel found to be non-compliant on or after the March 1st deadline will be charged a processing fee of $519.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.

Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $891.00 per parcel. 2023 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $412.39 $165.79 $578.18
12,501sq.ft.- 43,560sq.ft. $412.39 $165.79 $578.18
Larger than 1 Acre $299.56 $146.30 $445.86 (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.

B) HANDWORK $5.57 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $7.11 PER 1,000 SF
MOWING 12 Foot Mower $7.11 PER 1,000 SF
D) LOADER WORK $170.40 PER HOUR
E) DUMP TRUCK $157.29 PER HOUR
F) BRUSH WORK $5.32 PER 100 SF
G) DEBRIS REMOVAL $58.52 PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.

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MINIMUM FIRE SAFETY STANDARDS (MFSS)
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program

1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
[email protected]

1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.

2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.

3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.

4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.

5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.

6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.

7. Keep vegetation cleared from under the eaves of houses.

8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.

9. Clear leaves, pine needles and debris from roof and gutters.

The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.

Trees:

African Sumac
California Pepper
Shrubs:

Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:

Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)

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The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.

The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.

This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.

Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.

Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.

Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.

Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.

Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.

Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.

Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.

These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.

These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weedeating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.

More FAQ:

Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.

Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.

Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.

Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season.

Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.

Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.

You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.

Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.

Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL INSTRUCTING THE SANTA CLARA

COUNTY CONSUMER AND ENVIRONMENTAL

PROTECTION AGENCY TO ABATE NUISANCES ARISING

OUT OF HAZARDOUS VEGETATION GROWING UPON

LOTS OR IN FRONT OF PROPERTY IN THE CITY OF
MORGAN HILL AS REQUIRED BY TITLE 8, CHAPTER

8.20 OF THE MORGAN HILL MUNICIPAL CODE
WHEREAS, pursuant to Title 8, Chapter 8.20 of the Morgan Hill Municipal Code, the City Council hereto adopted Resolution No. 22-058 declaring hazardous vegetation growing in the City of Morgan Hill to constitute a public nuisance; and WHEREAS, a Public Hearing was held pursuant to Resolution No. 22-058 and Chapter

8.20 of the Morgan Hill Municipal Code in that time and manner required by law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morgan Hill authorizes as follows:

1. That the Santa Clara County Consumer and Environmental Protection Agency (Agency) is hereby ordered to abate the nuisance or cause the same to be abated by having the vegetation destroyed by cutting, discing or any other method as may be determined by the Agency for the properties on the attached list excluding the properties struck out.

2. That any property owner shall have the right to destroy or remove at his or her expense prior to removal of said vegetation by the Agency.

3. That the Agency shall keep an account of the cost of removing said vegetation and document such account in a report and assessment list, and file the same with the City Clerk. Such report shall refer to each separate lot or parcel of land, together with the expense of removal of hazardous vegetation therefrom.

PASSED AND ADOPTED by the City Council of Morgan Hill on this 15 th day of
February 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
________________________ ______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution No. XX-XXX

Page 2 of 2 ends

 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. XX-XXX, adopted by the City Council at its meeting held on February 15, 2023.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ _______________________________ Michelle Bigelow, City Clerk

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EXHIBIT A
APN Owner Owner Address Zip Code
0 S MONTEREY RD 725-01-018 LUCKYSHING LLC 950 3RD ST S SAN JOSE CA 95112-5839 0 726-02-012 WU, MEI-TSU K 1441 HUNTINGTON DR STE 226 SOUTH PASADENA CA 91030 NO SITUS 726-02-016 HARMONYHUNG LLC 179 CUESTA DE LOS GATOS WY LOS GATOS CA 95032-0000 17364 WALNUT GROVE DR 726-07-021 DELUKE COMPANY LTD 535 ARRASTADERO RD PALO ALTO CA 94306 17361 SAINT ARCHER WY 726-07-090 WALNUT MORGAN HILL LLC c/o SiliconSage Builders LLC Attn: Sanjeev Acharya 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 17365 SAINT ARCHER WY 726-07-091 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 17369 SAINT ARCHER WY 726-07-092 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 17373 SAINT ARCHER WY 726-07-093 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 17378 SAINT ARCHER WY 726-07-094 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 920 DIANA AV 726-07-095 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 17376 WALNUT GROVE DR 726-07-096 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HINDIYEH OMAR JR ET AL 2038 MURDELL LN LIVERMORE CA 94550 3105 OAK LEAF CT 729-04-014 LYON, JOHN W AND BONITA E TRUSTEE 3105 OAK LEAF CT MORGAN HILL CA 95037-6702 17180 OAK LEAF DR 729-05-004 KELSEY, REBECCA L AND LEONARD J 17180 OAK LEAF DR MORGAN HILL CA 95037-6621 2935 BENT OAK LN 729-07-009 BREHL, BLAKE R 2935 BENT OAK LN MORGAN HILL CA 95037-6706 3440 OAKWOOD CT 729-16-016 ROGERS, THOMAS S ET AL 3440 OAKWOOD CT MORGAN HILL CA 95037-6923 0 OAKWOOD CT 729-16-021 MILLER, CLAYTON K AND ANNA M 'PO BOX 93 GILROY CA 95021-0093 3590 OAKWOOD CT 729-17-001 WOLLASTON, DEBRA L TRUSTEE 3590 OAKWOOD CT MORGAN HILL CA 95037-6921 0 OAK CANYON DR 729-17-004 VASQUEZ, JORGE AND LOPEZ, ANGELICA 16375 OAK CANYON DR MORGAN HILL CA 95037-6813 16315 OAK CANYON DR 729-17-010 CROISETTIER, RAMANAKUMARI M AND FRAISSL, HEINZ G 16315 OAK CANYON DR MORGAN HILL CA 95037-6813 16280 OAK CANYON DR 729-17-015 SHERMAN HOUSE ASSOCS 15600 OAKRIDGE CT MORGAN HILL CA 95037 3795 OAK CANYON LN 729-17-021 GOLDBERG, LAWRENCE S AND ANNETTE M 3795 OAK CANYON LN MORGAN HILL CA 95037-6814 16335 JACKSON OAKS DR 729-18-015 MARIN, THERESA J TRUSTEE 1005 SUMMERVIEW DR SAN JOSE CA 95132-2951 16460 JACKSON OAKS DR 729-18-031 HALVORSEN, JAN T TRUSTEE 16460 JACKSON OAKS DR MORGAN HILL CA 95037-6902 16645 JACKSON OAKS DR 729-19-024 KHAN, MOHAMED AND FARHAT 16645 JACKSON OAKS DR MORGAN HILL CA 95037-6930 15905 OAKRIDGE RD 729-22-028 SHAH, JAY AND SUNDARAM, AYSWARYA 1335 WINDEMERE CT WEST SACRAMENTO CA 95605-1900 15860 JACKSON OAKS DR 729-24-018 CHAVOSH, MEHRDAD AND EBRAHIMI, MARYAM TRUSTEE & ET AL 15860 JACKSON OAKS DR MORGAN HILL CA 95037-6825 0 DUNNE AV 729-26-002 UNGER, EUGENE C AND ROSE A TRUSTEE 134 VISTA DEL CAMPO LOS GATOS CA 95030-6313 17064 SHADY LANE DR 729-29-017 HANSON, BRYAN F AND MIKEAL K 111 LOCUST AV HOLLISTER CA 95023-3536 0 COPPER HILL DR 729-30-001 RAISSI, SASSAN 17045 COPPER HILL DR MORGAN HILL CA 95037-6502 17245 QUAIL CT 729-35-005 CASTRO, IRENE ET AL 2723 KEPPLER CT SAN JOSE CA 95148-3411 17246 W QUAIL CT 729-35-007 WINSTEAD, DONALD D ET AL 3337 LUCIA DR W PHOENIX AZ 85083-5885 17451 HOLIDAY DR 729-38-028 SMITH, DIANA L ET AL 17451 HOLIDAY DR MORGAN HILL CA 95037-6512 17460 LAKE VIEW DR 729-41-019 BACH, JOSEPH AND LANAE 453 HOPE HULL CT GREEN COVE SPRINGS FL 32043-9500 17770 HOLIDAY DR 729-44-025 BROWN, DARYL SCOTT AND NAJAFI, MARYAM 17770 HOLIDAY DR MORGAN HILL CA 95037-6305 2220 ROLLING HILLS DR 764-03-002 HARTOGS, DIRK H AND KEILERS, LINDA E 2220 ROLLING HILLS DR MORGAN HILL CA 95037-9438 2180 ROLLING HILLS DR 764-03-004 HEISER, CHRISTOPHER J AND BRIGITTE P 2180 ROLLING HILLS DR MORGAN HILL CA 95037-9438 2023 WEED ABATEMENT PROGRAM

COMMENCEMENT REPORT

CITY OF MORGAN HILL
Situs City/State

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2130 GREENWOOD AV 764-03-005 GRIKO, YURI 2130 GREENWOOD AV MORGAN HILL CA 95037-9439 0 BLACK OAK CT 764-03-017 TULLY, SUSAN S AND TULLY 2008 SURV TR, 7151 VIA ROMERA SAN JOSE CA 95139-1158 2055 ROCKY RIDGE RD 764-03-023 WIECZOREK, MARISSA ET AL 1547 PRINCETON DR SAN JOSE CA 95118 0 ROCKY RIDGE RD 764-03-024 VELIQUETTE, JEFF D AND SALLY A 2138 GREENWOOD AV MORGAN HILL CA 95037 17915 WOODLAND AV 764-03-034 AVELAR, ANTONIO M TRUSTEE & ET AL 1212 EL CAMINO REAL 101 SANTA CLARA CA 95050 17625 WOODLAND CT 764-03-040 CARDINAL, MARC ANDRE AND KENIA 17625 WOODLAND CT MORGAN HILL CA 95037-9444 17610 WOODLAND AV 764-03-043 BELLI, KAREN M 17610 WOODLAND AV MORGAN HILL CA 95037-9140 280 TILTON AV 764-09-004 LI, WEIWEI AND ZHANG, WEI 135 RIVIERA DR APT.143 LOS GATOS CA 95032 0 MONTEREY RD 764-09-013 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 0 764-10-003 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 0 MONTEREY RD 764-10-006 HABIB, MOHAMMAD 825 BURNETT AV MORGAN HILL CA 95037-9023 18625 MONTEREY RD 764-10-008 BW MORGAN HILL LLC 2175 FRANCISCO BLVD EAST STE G SAN RAFAEL CA 94901 18545 MONTEREY RD 764-10-013 TRINH, OANH OANH NGUYEN ET AL 1717 MESSINA DR SAN JOSE CA 95132 18565 MONTEREY RD 764-10-015 TRINH, OANH OANH NGUYEN ET AL 1717 MESSINA DR SAN JOSE CA 95132 18755 OLD MONTEREY RD 764-24-061 18755 OLD MONTEREY LLC 5655 SILVER CREEK VALLEY RD 305 SAN JOSE CA 95138 0 VIA LOMA 764-27-003 CHILDS, JOHN WILLIAM AND DEBBIE LEE 363 B VIA LOMA MORGAN HILL CA 95037-3024 18580 MURPHY SPRINGS CT 764-27-027 BERGIN, RUSSELL K AND NOREEN G TRUSTEE 18580 MURPHY SPRINGS CT MORGAN HILL CA 95037-3063 18560 MURPHY SPRINGS CT 764-27-028 DISANTO, MICHAEL A AND DASALLA-DISANTO, MADELEINE E 18560 MURPHY SPRINGS CT MORGAN HILL CA 95037-0000 650 SPARHAWK DR 764-31-036 RAUSCHNOT, MICHAEL J AND JULIA F TRUSTEE 'PO BOX 668 MORGAN HILL CA 95038 640 SPARHAWK DR 764-31-037 ENDERSON, EDWARD F TRUSTEE 'PO BOX 313 MORGAN HILL CA 95038 17996 HILLWOOD LN 764-32-044 CRONK, JON E AND DIANE D 17996 HILLWOOD LN MORGAN HILL CA 95037-3529 0 TRUMPP CT 764-35-059 TRUMPP, WALTER C TRUSTEE 1540 INDUSTRIAL AV SAN JOSE CA 95112-2714 600 CLAREMONT DR 764-36-026 YOKOI YOSHIE TRUSTEE & ET AL 600 CLAREMONT DR MORGAN HILL CA 95037 430 CLAREMONT DR 764-36-059 MAHSENI ALIREZA M AND ZEINALI ATOOSA 2544 WESTGATE AVE SAN JOSE CA 95125 17635 PEAK AV 764-36-060 MAHSENI ALIREZA M AND ZEINALI ATOOSA 2544 WESTGATE AVE SAN JOSE CA 95125 17605 JOHN TELFER DR 764-38-005 SELLERS GREGORY S AND SUZANNE E 17605 JOHN TELFER DR MORGAN HILL CA 95037 JOHN TELFER DR 764-38-010 KADAKIA RENTALS LLC 3325 ARIEL JOSHUA CT SAN JOSE CA 95135 17695 JOHN TELFER DR 764-38-013 TORSTENSSON GUSTAV P AND HUNT ELIZABETH 37 ROOSEVELT CIR PALO ALTO CA 94306 18320 SHADOWBROOK WY 764-41-006 BRIGGS, WILLIAM G TRUSTEE & ET AL 16467 CARLSON DR MORGAN HILL CA 95037-9656 18285 SHADOWBROOK WY 764-41-015 SKEEN, JOHN A TRUSTEE & ET AL 1725 SHADY HOLLOW DR MORGAN HILL CA 95037 18275 SHADOWBROOK WY 764-41-016 NELSEN, KAREN TRUSTEE 1575 STERLING OAKS CT MORGAN HILL CA 95037-9671 18605 CASTLE HILL DR 764-43-001 DOHERTY, SEAN AND SUSAN M 991 LUNDY LN LOS ALTOS CA 94024-5934 1715 JASPER HIGHLANDS DR 764-44-010 DINAN, STEPHEN J AND JANICE K 1715 JASPER HIGHLANDS DR MORGAN HILL CA 95037-9165 1815 JASPER HIGHLANDS DR 764-44-012 NAJAFI, SAEED AND CHESTERFIELD, KATHLEEN M 1815 JASPER HIGHLANDS DR MORGAN HILL CA 95037-9166 1725 SHADY HOLLOW DR 764-44-018 SKEEN, JOHN A AND BARBARA I TRUSTEE 1725 SHADY HOLLOW DR MORGAN HILL CA 95037-9161 18425 CASTLE RIDGE DR 764-45-002 BUCHANAN, NANCY C TRUSTEE 18425 CASTLE RIDGE DR MORGAN HILL CA 95037-9458 18470 CASTLE HILL DR 764-45-007 GLENROCK BUILDERS INC 'P.O. BOX 1179 MORGAN HILL CA 95038 18630 CASTLE HILL DR 764-45-014 MOROZUMI, PIUS A AND SHARON L 18630 CASTLE HILL DR MORGAN HILL CA 95037-9452 18580 CASTLE HILL DR 764-45-021 GLENROCK BUILDERS INC 'P.O. BOX 1179 MORGAN HILL CA 95038 18530 CASTLE HILL DR 764-45-023 WANG, WEIHONG AND SZE, JOEY KAN YING 18530 CASTLE HILL DR MORGAN HILL CA 95037-9169 0 CASTLE HILL DR 764-45-030 GLENROCK BUILDERS INC 14500 SYCAMORE DR MORGAN HILL CA 95037-0000 0 CASTLE HILL DR 764-45-031 GLENROCK BUILDERS INC 'P.O. BOX 1179 MORGAN HILL CA 95038 18303 LLAGAS CT 764-53-005 MELLOW, CATHY 18303 LLAGAS CT MORGAN HILL CA 95037-0000 NO SITUS 767-01-052 GARCIA, W ROCKE AND GLENDA 14500 SYCAMORE DR MORGAN HILL CA 95037 450 W DUNNE AV 767-02-008 WESTON MILES, MADELINE 450 DUNNE AV W MORGAN HILL CA 95037-0000 0 DEL MONTE AV 767-03-005 RICHTER, GAYLE H TRUSTEE & ET AL 'P O BOX 784 MORGAN HILL CA 95038 0 DUNNE AV 767-03-046 BETPOLICE, FARIDEH TRUSTEE 21515 HAWTHORNE BL STE 1085 TORRANCE CA 90503 0 767-05-001 PACIFIC GAS AND ELECTRIC CO ATT: Nguyen Chau 111 ALMADEN BLVD SAN JOSE CA 95115 17205 MONTEREY RD 767-08-006 MANASSERO, VIRGINIA P TRUSTEE 507 SAN MIGUEL AV SALINAS CA 93901 50 4TH ST 767-08-012 TONUS, VIRGINIA R TRUSTEE & ET AL 1654 SUNNYSLOPE RD HOLLISTER CA 95023 40 W 5TH ST 767-08-028 GUTIERREZ, GERALDINE P TRUSTEE 40 5TH ST W MORGAN HILL CA 95037-4510 16815 MONTEREY RD 767-10-004 HE, ANTHAN WEICHUAN AND HUANG, SALLY XUEMING 16815 MONTEREY RD MORGAN HILL CA 95037-5118 16805 MONTEREY RD 767-10-046 HE, 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OH 43015 965 SAN PEDRO AV 817-11-073 965 PEDRO GROVE LLC 1457 EDGEWOOD DR PALO ALTO CA 94301-3118

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16375 CONDIT RD 817-13-021 NG, BETTY TRUSTEE & ET AL 1835 FRANKLIN APT 903 SAN FRANCISCO CA 94109-3457 1075 A CONDIT AV 817-13-022 NG, BETTY TRUSTEE & ET AL 1835 FRANKLIN APT 903 SAN FRANCISCO CA 94109-3457 16275 CONDIT RD 817-13-024 HSU FAMILY LP ET AL 1401 GRAYWOOD DR SAN JOSE CA 95129-4778 0 HILL RD 817-20-031 LEWIS MORGAN HILL LLC 0 POBOX 5368 SAN JOSE CA 95150 16015 CAPUTO DR 817-29-027 MORGAN HILL CAR WASH INC 5542 MONTEREY RD #217 SAN JOSE CA 95138 0 BARRETT AV 817-30-080 SANDHU, ATAM PARKASH SINGH 1800 SILVERWINGS CT MORGAN HILL CA 95037-9308 16290 RAILROAD AV 817-32-057 LEVEL 10 CONSTRUCTION LP 1050 ENTERPRISE WY STE 250 SUNNYVALE CA 94089-0000 2250 FOUNTAIN OAKS DR 817-48-079 MOORE, DAVID W AND BETH R 2250 FOUNTAIN OAKS DR MORGAN HILL CA 95037-3818 380 SAN PEDRO AV 817-58-014 FIRMENDER, WILLIAM M AND VILLANUEVA, EIMEE L 'P.O. BOX 2374 MORGAN HILL CA 95038 310 SAN PEDRO AV 817-58-020 DITRI, LUCIA TRUSTEE ESTATE OF 21846 HYANNISPORT DR CUPERTINO CA 95014-4014 470 SAN PEDRO AV 817-59-068 AHMADI, RAHMATOLLAH AND SHIVA 3629 BERCAW LN SAN JOSE CA 95124-2831 16680 NINA LN 817-60-024 BUTTERICK TIMOTHY W AND CECELIA ANN TRUSTEE 16680 NINA LN MORGAN HILL CA 95037 2785 TORO VISTA CT 817-70-007 HARRISON, ROBERT AND ANDERSON, MICHELLE L 2785 TORO VISTA CT MORGAN HILL CA 95037-0000 16990 MURPHY AV 817-78-004 COPEMAN, MICHAEL 0 MURPHY AV MORGAN HILL CA 95037-7028 16915 BRUT LN 817-78-005 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 1301 BODEGA WY 817-78-006 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 1311 BODEGA WY 817-78-007 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 1321 BODEGA WY 817-78-008 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 1331 BODEGA WY 817-78-009 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 16910 BRUT LN 817-78-010 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 16930 BRUT LN 817-78-011 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 16945 BURGANDY LN 817-78-012 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 16925 BURGANDY LN 817-78-013 COPEMAN, MICHAEL TRUSTEE 0 MURPHY AV MORGAN HILL CA 95037-7028 1341 BODEGA WY 817-78-014 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 16900 BURGANDY LN 817-78-015 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 16920 BURGANDY LN 817-78-016 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 16940 BURGANDY LN 817-78-017 NORDSTROM CAL HOMESLLC 16890 MONTEREY ST MORGAN HILL CA 95037 14900 MONTEREY RD 825-06-016 CHANG, SANDY TRUSTEE 105 CROW CANYON DR FOLSOM CA 95630

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL INSTRUCTING THE SANTA CLARA

COUNTY CONSUMER AND ENVIRONMENTAL

PROTECTION AGENCY TO ABATE NUISANCES ARISING

OUT OF HAZARDOUS VEGETATION GROWING UPON

LOTS OR IN FRONT OF PROPERTY IN THE CITY OF
MORGAN HILL AS REQUIRED BY TITLE 8, CHAPTER

8.20 of the Morgan Hill Municipal Code in that time and manner required by law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morgan Hill authorizes as follows:

1. That the Santa Clara County Consumer and Environmental Protection Agency (Agency) is hereby ordered to abate the nuisance or cause the same to be abated by having the vegetation destroyed by cutting, discing or any other method as may be determined by the Agency for the following property: APN: 728-02-003, 2275B East Dunne Avenue, Morgan Hill.

2. That any property owner shall have the right to destroy or remove at his or her expense prior to removal of said vegetation by the Agency.

PASSED AND ADOPTED by the City Council of Morgan Hill on this 15 th day of
February 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
________________________ ______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution No. XX-XXX

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WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ _______________________________ Michelle Bigelow, City Clerk

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Councilmember Librers is conflicted on Resolution B only.

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7 CITY COUNCIL STAFF REPORT
MEETING DATE: February 15, 2023
PREPARED BY:

Michelle Bigelow, City Clerk
APPROVED BY: City Manager
INTRODUCE AMENDMENT TO TITLE 2, SECTION 2.04.010 OF THE

MORGAN HILL MUNICIPAL CODE ESTABLISHING REGULAR

MEETING DATES FOR THE CITY COUNCIL AND TO CITY COUNCIL
POLICIES (CP) 06-02 AND 98-02 CHANGING THE DATE OF THE GOAL

SETTING WORKSHOP

RECOMMENDATION(S)

1. Waive the first and second readings of the Ordinance;

2. Introduce the Ordinance; and

3. Approve amended City Council Policies 06-02 City Council Meeting Schedule and 98-02 Time Established for Public Hearings.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
Affordable Housing and Homelessness
Community Outreach, Engagement, and Messaging
Economic Development
Transportation
REPORT NARRATIVE:

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7 At the City Council Goal Setting Workshop on Friday, January 27, 2023, the City Council discussed the City Council's regular meeting schedule and meeting start time.

They directed staff to come back with a staff report to change the meeting start time to 6:00 p.m. and to change the recurring date of the Annual Goal Setting Workshop to the first Friday and Saturday of February beginning in 2024.

COMMUNITY ENGAGEMENT:

This report serves to inform the community of the proposed changes to the City Council Meeting Schedule.

ALTERNATIVE ACTIONS:

The City Council could choose not to take action to introduce the ordinance changing the meeting start time to 6:00 p.m. and/or they could choose to propose another set of dates for the Goal Setting Workshop.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Not applicable.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with this action.

CEQA (California Environmental Quality Act):

Not a Project. Administrative activities of governments that do not result in direct physical changes in the environment do not qualify as a project for purposes of CEQA.

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CITY OF MORGAN HILL

CITY COUNCIL POLICIES AND PROCEDURES
CP-06-02
SUBJECT: CITY COUNCIL MEETING SCHEDULE
EFFECTIVE DATE: March 22, 2006, Revised November 20, 2013, Revised October 21, 2015; Revised November 17, 2021April 1, 2023 ORIGINATING DEPT: City Clerk
The City Council has ordained that regular meetings are to be held on the first, third, and fourth Wednesdays of every month at 67:00 p.m. In the event of a legal holiday occurring on a regular City Council meeting day, the meeting(s) will be canceled. Should the Mayor and City Manager determine that the third meeting of the month is not necessary, they shall have the authority to cancel the meeting.

The City Council desires to take official legislative recesses, at various times, to accommodate community and civic commitments, vacations, and the City’s operations schedule. As such, the following meeting schedule will apply for the months of January, July, September, October, November and December of every year:
• For the month of January, should the City furlough its employees the last week in December, the first meeting in January shall be canceled.
• The Council will hold its annual Goal Setting retreat the last first Friday and Saturday of the monthFebruary.
• The Council will hold its annual Budget Workshop during the month of May. • For the month of July, all meetings are to be canceled for summer recess. • For the months of September and October, regular meetings will be held on the first, third, and fourth Wednesdays, beginning at 76:00 p.m.; unless the meeting date falls on Rosh Hashanah or Yom Kippur. In which case, said meeting will be canceled. • For the month of November, regular meetings will be held on the first, third, and fourth Wednesdays, beginning at 76:00 p.m.; unless the Wednesday meeting date falls the day before the Thanksgiving Holiday. In which case, said meeting will be canceled. • For the month of December, regular meetings will be held on the first, third, and fourth Wednesdays, beginning at 67:00 p.m.; unless the Wednesday meeting date(s) fall on the Christmas Holiday and/or during the Holiday furlough. In which case, said meeting(s) will be canceled.

The City Council shall have the ability to adjust and/or add other meeting dates, as deemed appropriate.

This policy shall remain in effect until modified by the City Council respectively.

APPROVED:
__________________________________
RICH CONSTANTEMARK TURNER, Mayor

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CITY OF MORGAN HILL

The City Council shall have the ability to adjust and/or add other meeting dates, as deemed appropriate.

This policy shall remain in effect until modified by the City Council respectively.

APPROVED:
__________________________________
RICH CONSTANTEMARK TURNER, Mayor

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CITY OF MORGAN HILL

CITY COUNCIL POLICIES AND PROCEDURES
CP-98-02
SUBJECT: TIME ESTABLISHED FOR CITY COUNCIL PUBLIC

HEARINGS
DATE: MAY 6, 1998
EFFECTIVE DATE: February 23, 2005, REVIEWED June 27, 2007 April 1, 2023
ORIGINATING DEPT: City Manager
______________________________________________________________________________ It is the policy of the City of Morgan Hill that:

Public Hearings at City Council Meetings will be set for no earlier than 76:00 p.m.

The Council shall follow the established agenda order as described in the City Council Rules of Procedures for the Conduct of Meetings and set public hearings no earlier than 76:00 p.m.

This policy shall remain in effect until modified by the City Council.

APPROVED:
_____________________________

STEVE TATEMARK TURNER,
MAYORMayor

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8 CITY COUNCIL STAFF REPORT
MEETING DATE: February 15, 2023
PREPARED BY:

Christina Turner, City Manager
APPROVED BY: City Manager

REVIEW THE PROCESS FOR FUTURE COUNCIL INITIATED AGENDA
ITEMS INCLUDED IN CITY COUNCIL POLICY (CP) 97-01 AND REVIEW

AND PROVIDE DIRECTION ON FIVE PREVIOUSLY REQUESTED
FUTURE AGENDA ITEMS; 1. LOCAL LAW ENFORCEMENT AGENCIES
SUMMIT ON CUT-THROUGH TRAFFIC, 2. UNCLAIMED FUNDS GOING INTO COMMUNITY FUND RATHER THAN GENERAL FUND, 3. CITY

COUNCIL HAVING A VOICE IN THE RECRUITMENT OF BOARD OF
DIRECTORS FOR THE CITY'S PARTNER COMMUNITY GROUPS, 4.

LANDSCAPE REQUIREMENTS FOR DEVELOPMENTS ALONG THE

FREEWAY AND MAJOR ARTERIES TO INCLUDE MORE TREES, AND

5. LOCAL WORKFORCE PROJECT LABOR AGREEMENTS

RECOMMENDATION(S)

1. Review the process for addressing Future Council Initiated Agenda Items included in Council Policy CP 97-01; and

2. Continue the discussion on five Future Council Initiated Agenda Items discussed at the Goal Setting Workshop to determine if the majority of the City Council wants the following items agendized at a future meeting for discussion:

1. Holding a summit of law enforcement agencies regarding cut-through traffic;

2. Exploring if unclaimed funds can go into a community fund rather than the City's General Fund;

3. Discussion regarding the recruitment of Board of Directors for the City's partner community groups;

4. Review of landscaping requirements on developments along the freeway and major arteries to include more trees; and

5. Discussion on Local Workforce Project Labor Agreements.

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8 Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
Affordable Housing and Homelessness
Community Outreach, Engagement, and Messaging
Economic Development
Transportation
REPORT NARRATIVE:

BACKGROUND:

At the Friday, January 27, 2023, City Council Goal Setting Workshop, the Council discussed how Future Council Initiated Agenda Items were added to the agenda.

Council reviewed five Future Council Initiated Agenda Items that were not already part of staff’s workplan and conducted a straw poll vote to determine if the majority of the City Council wanted the items agendized at a future meeting for discussion. These five items were included in the Future Council Initiated Agenda Items listing presented at the Goal Setting workshop and marked as “TBD,” as they were not already part of the Strategic Priorities Workplan. Following the vote, a discussion took place, indicating the need for clarification on the process. The team is looking for direction from the City Council on the five items brought forward at the Goal Setting Workshop and confirmation of the process for Future Council Initiated Agenda Items moving forward.

CURRENT PROCESS:

Regarding how Future Council Initiated Agenda Items are handled, the team has reviewed City Council Policy CP 97-01 and does not recommend changes to the policy.

Section 4 of City Council Policy 97-01 (Attachment 1) currently reads:
“4.2 Placement of items on the agenda: The Mayor, City Manager, or City Attorney may place items on the agenda. Members of the City Council may request items to be added to an upcoming City Council agenda by requesting an item during the “Future Council Initiated Agenda Items” Section of the agenda. A City Council verbal report will then be placed on an upcoming agenda for Council discussion and consideration.” The current practice is for staff to determine if a Future Council Initiated Agenda Item is already on the Strategic Priorities Workplan or if it is a new item. If already on the Workplan, then it gets added to the Future Agenda Items list and follows the timeline of the Workplan. If it is a new item that requires policy direction, then it is placed on an upcoming agenda or at a Goal Setting Workshop to determine if the majority of the City Council wants the item agendized at a future meeting for discussion. If the item does not require policy direction nor does it require a public hearing, then staff will satisfy the request via a memo to City Council.

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8 RECOMMENDED UPDATED PROCESS:

Staff recommends the following process moving forward:

When a Future Council Initiated Agenda Item is requested, the Council Member making the request will send the City Manager a brief summary outlining the request and any relevant background. If the requested item is not included in the current Strategic Priorities Workplan, the team will bring forward the item at a future Council Meeting within 30-45 days of the request via a brief staff report, including the brief summary provided by the requesting Council Member. At that meeting, the City Council will review the request and determine if the majority of the City Council wants the items agendized at a future meeting for discussion.

FUTURE COUNCIL INITIATED AGENDA ITEMS FOR COUNCIL CONSIDERATION:

At the January 27, 2023 Goal Setting, five Future Council Initiated Agenda Items were brought forward to the City Council to determine if the majority of the City Council wants the items agendized at a future meeting for discussion.

The voting results were as follows:

1. Holding a summit of law enforcement agencies regarding cut-through traffic - Vote 4-1 YES

2. Exploring if unclaimed funds can go into a community fund rather than the City’s General Fund - Vote 2-3 NO

3. Discussion regarding the recruitment of Board of Directors for the City’s partner community groups - Vote 2-3 NO

4. Review of landscaping requirements on developments along the freeways and major arteries to include more trees - Vote 4-0 YES (Borgioli neutral)

5. Discussion on Local Workforce Project Labor Agreements - Vote 2-3 NO.

Staff requests direction from the City Council as to whether the straw count holds or the City Council wants to do a re-vote to determine whether the majority of the City Council wants the items agendized at a future meeting for discussion.

See Attachment 2 for the newly formatted and updated Future Council Initiated Agenda Items listing, which includes new items from the January 25, 2023, City Council meeting.

COMMUNITY ENGAGEMENT:

The Future Council Initiated Agenda Items discussed were included in January 27, 2023, City Council Annual Goal Setting Workshop - Day 1 agenda. City Council began a discussion about the process at the workshop, and this staff report serves to further involve the public in the discussion.

ALTERNATIVE ACTIONS:

The City Council could provide alternative direction on the process for addressing Future Council Initiated Agenda Items.

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8 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

At the Friday, January 27, 2023, City Council Goal Setting Workshop, the Council discussed the process for Future Council Initiated Agenda Items.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with this action.

CEQA (California Environmental Quality Act):

Not a Project. Administrative activities of governments that do not result in direct physical changes in the environment do not qualify as a project for purposes of CEQA.

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CITY OF MORGAN HILL

CITY COUNCIL POLICIES AND PROCEDURES
CP-97-01
SUBJECT: RULES FOR THE CONDUCT OF CITY COUNCIL

MEETINGS, PLACEMENT OF ITEMS ON THE AGENDA,

AND MATTERS TO BE RECONSIDERED
EFFECTIVE DATE: May 7, 1997
REVISED DATE(S): July 25, 2018, February 5, 2020, February 17, 2021 ORIGINATING DEPARTMENT: CITY MANAGER
SECTION 1 - SCOPE

1.1 These rules shall establish the procedures for the conduct of all meetings of the City Council of the City of Morgan Hill. The purpose of these rules is to provide procedures consistent with the Ralph M. Brown Act, establish procedures which will be convenient for the public, be fair to all members of the City Council, and contribute to the orderly conduct of City business.

SECTION 2 - MEETINGS

2.1 Open to Public: All meetings of the City Council, whether regular or special, shall be open to the public, unless a closed session is scheduled as authorized by law.

2.2 Regular Meetings: The City Council shall conduct its regular meetings at the time and place established by ordinance, if specified in the ordinance or resolution.

2.3 Review Status of Agenda at 10:00 p.m.: The City Council may review the agenda at 10:00 p.m. to determine if it will be able to conclude its business by 11:00 p.m. If, at 11:00 p.m., the City Council has not concluded its business, before continuing the meeting it shall review and discussthe status of the remaining agenda items and determine by majority vote whether to continue any remaining items to a future regular or special meeting, adjourn the meeting to another date and time, or extend the meeting beyond 11:00 p.m. as needed.

2.4 Special Meetings/Workshops: A special meeting and/or workshop may be called at any time by the Mayor or Presiding Officer of the City Council or by three members of the City Council. Written notice of any such meeting must specify the purpose of the meeting.

Notice of the meeting must be made in accordance with the law.

2.5 Closed Sessions: The City Council may hold closed sessions during a regular or special meeting, or at any time authorized by law, to consider or hear any matter which is authorized by law. At times, Closed Sessions may have to be held in an order different than presented due to the timeliness of the matter, to save the City money when an outside attorney has been retained or due to the need for extra time to discuss and deliberate an important closed session item. Closed session items may be continued to the conclusion of the agenda.

DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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2.6 Quorum: Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three Council members appear at a regular meeting, the Mayor, Mayor Pro Tempore in the absence of the Mayor, any member of the City Council, or in the absence of all Council members, the City Clerk or Deputy City Clerk shall adjourn the meeting to a stated day and hour.

2.7 Adjourned Meetings: The City Council may adjourn any regular, adjourned regular,special, or adjourned special meeting to a time and place specified in the order of adjournment and permitted by law.

SECTION 3 - POSTING NOTICE AND AGENDA

3.1 Posting of Notice and Agenda: For every regular or special meeting, the City Clerk or other authorized person, shall post a notice of the meeting specifying the time and place at which the meeting will be held and an agenda containing a brief description of all items of businessto be discussed at the meeting. The notice and agenda may be combined in a single document.
a. Posting for Regular Meetings: For any regular meeting of the City Council, the notice and agenda shall be posted no later than seventy-two (72) hours prior to the time set for the meeting consistent with all Brown Act requirements. b. Posting for Special Meetings: For any special meetings of the City Council, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set for the meeting consistent with all Brown Act requirements.

3.2 Location of Posting: The notice and agenda shall be posted on the City’s website and in a place to which the public has unrestricted access during at least normal business hours and where the notice and agenda are not likely to be removed or obscured by other posted materials.

3.3 Availability of the Agenda to the Public: The agenda for any regular orspecial meeting shall be made available to the public as soon as is practical after delivery to the members of the City Council.

SECTION 4 - AGENDA CONTENTS

4.1 Description of Matters: All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description of the item and the proposed action to be considered should be set forth as clearly as practical so that members of the public will know the nature of the action under review and consideration.

4.2 Placement of items on the agenda: The Mayor, City Manager, or City Attorney may place items on the agenda. Members of the City Council may request items to be added to an upcoming City Council agenda by requesting an item during the "Future Council Initiated Agenda Items" Section of the agenda. A City Council verbal report will then be placed on an upcoming agenda for Council discussion and consideration.

DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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4.3 Limitation to Act on Only Items on the Agenda: No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:
a. Upon a majority determination that an "emergency situation" (as defined by State Law) exists; and
b. Upon a determination by a 4/5 vote of the City Council that there is a need to take immediate action and that the need to take the action came to the attention of City officials subsequent to posting of the agenda.

4.4 Change in Order of Business: The Mayor or Presiding Officer may decide to take matters listed on the agenda out of the prescribed order unless a majority of members present object to this variation.

4.5 City Council Reports: On an alternating basis, at each Regular City Council meeting, with a time limit of three minutes, a Council Member has the opportunity to share with the Council and community any pertinent updates or information in regard to their appointments to outside agencies, upcoming events, or relevant City business. These are non-action items.

4.6 City Manager Report: These are updates on current City activities, reports on issues raised at previous Council meetings, or recognitions. These are non-action items.

4.7 City Attorney Report: These are updates on current City activities, reports on issues raised at previous Council meetings, or reportable actions of the City Council in Closed Sessions and/or current litigation. These are non-action items.

4.8 Other Reports: These are pertinent updates or information on upcoming activities or events relevant to City business with a time limit of one minute. These are non-action items.

4.9 Public Comment for items not on the agenda: This refers to those matters not scheduled on the agenda where a member of the public wants to address a matter of importance to the City Council. Since the matter is not on the agenda, no action by Council can be taken. If a member of Council so desires, the matter can be placed on the agenda of a future Council meeting for review and consideration.

4.10 Consent Calendar: These are items of a routine or generally uncontested nature. Any member of the Council or member of the public may request to have an item pulled from the consent calendar and acted on individually by the Council. Items pulled will be discussed after action is taken on the balance of the consent calendar. The Mayor shall decide if the items are heard before or after moving on to public hearing and other business items.

4.11 Public Hearings: These are matters that are duly noticed and published in a newspaper of general circulation and where required by law, written notice is given to the affected residents who have the opportunity to speak in favor or against a matter or ask questions about the matter.

4.12 Other Business: These are other matters of City business which are not appropriately placed on the consent calendar and do not require published notices and require Council action and DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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direction.

4.13 Future Business: These are items that members of the City Council wish to discuss to potentially take action on or have placed on future agendas.

SECTION 5. ORDER OF BUSINESS

5.1 The order of business at meetings of the City Council shall be as follows:
a. CALL TO ORDER
b. ROLL CALL ATTENDANCE
c. DECLARATION OF POSTING AGENDA
d. WORKSHOP (if needed; 5:00-6:00 p.m., or as deemed appropriate) e. CLOSED SESSION (if needed; 6:00-7:00 p.m., or as deemed appropriate) f. SILENT INVOCATION
g. PLEDGE OF ALLEGIANCE
h. PRESENTATIONS
i. PROCLAMATIONS
j. RECOGNITIONS
k. CITY COUNCIL REPORTS
l. CITY MANAGER’S REPORT
m. CITY ATTORNEY’S REPORT
n. OTHER REPORTS
o. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
p. ADOPTION OF AGENDA
q. CONSENT CALENDAR
r. PUBLIC HEARINGS
s. OTHER BUSINESS
t. FUTURE COUNCIL INITIATED AGENDA ITEMS
u. CLOSED SESSION
v. ADJOURNMENT
DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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SECTION 6. PUBLIC COMMENT

6.1 Public Comment: Persons present at meetings of the City Council may comment on individual items on the agenda at the time the items are scheduled to be heard. In addition, comments may be offered on items not on the agenda under that portion of the agenda. In accordance with State law, matters not scheduled on the agenda cannot be acted upon by the City Council, but items raised by the public during public comment may be referred to a future City Council agenda at the request of the Mayor or City Council.

6.2 Limitations: The public comment period may be 3 minutes for items on the agenda or items not listed on the agenda. Speakers are called in the order the speaker cards are submitted.

Project applicants or appellants will be allowed more than the designated 3 minutes in accordance with City Council Policy 03-01. Consistent with this policy, the Mayor or Presiding Officer may recall an applicant or appellant to address questions after the public comment is heard. In addition, applicants will be given time at the end of the public hearing to address any questions or comments.

The Mayor or Presiding Officer may allow speakers who wish to speak under public comment for items not on the agenda to concede a portion of their time, specifically, one speaker may concede a portion of their time to one other speaker. For all other business items, the Mayor or Presiding Officer may allow speakers more time and/or allow speakers to concede a portion of their time to a designated speaker of a group, specifically up to two speakers may concede their time to one speaker, unless a majority of the City Council objects. Speakers that wish to designate a group speaker shall notify the City Clerk before discussion on the item begins. Additionally, any speaker that concedes their time must be present at that City Council meeting. Speaker who would like to share documents or presentations may do so by submitting said document to the City Clerk by noon on the day of the City Council Meeting. Speaker may not share videos or presentations with videos embedded within them.

6.3 Procedure: To address the City Council, each speaker is requested to fill out a Speaker Card and turn it in to the City Clerk before discussion on the agenda item begins. The speaker is requested to provide their name, contact information, and the subject(s) upon which the speaker wishes to address the City Council. Speakers who do not wish to provide their name should provide an alternative designation so that they can be called to speak by the City Clerk.

SECTION 7. PROCEDURES FOR THE CONDUCT OF MEETINGS

7.1 Role of the Mayor/Presiding Officer:
a. The Presiding Officer of the CityCouncil, who shall be the Mayor or in the Mayor's absence shall be the Mayor Pro Tempore, or in their absence any other designated member of the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Council DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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Members and between the Council, staff, and public.
b. Communication with Council Members:

1. Council Members should request the floor from the Presiding Officer before speaking.

2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker.

3. During both questions and discussion, when one Council Member has the floor, they are limited to 5 minutes. After each Council Member that wishes to speak has done so, a Council Member may speak again for up to 5 minutes.

4. With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member. The Council Member being questioned may or may not respond while the floor is still held by the Council Member asking the question. The reply shall be limited to the question asked. c. The Mayor or Presiding Officer may declare that an item within the meeting will be conducted in “workshop” format, which means that the procedures described in section 7.1B do not strictly apply. This is to allow for a more open discussion without strict formalities. The Mayor or Presiding Officer may end the workshop format for the item at his/her discretion.
d. Communication with Members of the Public Addressing the Council

1. The Mayor or Presiding Officer shall open the floor for public testimony as appropriate.

2. After a witness or subject matter expert has addressed the City Council during public comment, Council members may only ask questions of witnesses or subject matter experts. Such questions should be directed to the person through the Presiding Officer unless the Presiding Officer grants the Council Member permission to directly question the person.

3. Staff members, through the City Manager, shall be a resource to the City Council to answer questions arising during discussions between Council Members and between Council Members and members of the public.

Communications in this regard shall be through the Presiding Officer.

4. Members of the public shall direct their questions and comments through the Presiding Officer.

7.2 Rules of Order: The City Council adopts no specific rules of order except those listed herein. The City Council shall refer to The Standard Code of Parliamentary Procedure by Alice Sturgis (McGraw Hill) as a guide for the conduct of meetings. The Sturgis guideline regarding not requiring seconds for governmental bodies' motions, resolutions or ordinances is not adopted as the rule in the City. The Mayor or Presiding Officer has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting. These latter rules will be followed unless objected to by a majority DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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of the City Council members present.

7.3 Motions: The Mayor or any member of the City Council may bring a matter of business on the agenda before the Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for full debate offering the first opportunity to debate to the moving party and, thereafter, to any Council Member recognized by the Mayor or Presiding Officer. Debate shall be closed upon consent of a majority of the Council.

7.4 Reconsideration: Immediately after a vote on a matter, any member of the City Council may request to have his/her vote changed on a matter before the Council moves on to the next item. Such a request will be granted by the Mayor or Presiding Officer unless a majority of the Council objects.

A matter may be reconsidered by the City Council if a member on the prevailing side of the vote requests reconsideration. Such a motion may be made at a meeting where such action is taken or at a subsequent meeting of the Council, however, nothing in this policy precludes the majority of members of the City Council from requesting reconsideration of any item.

7.5 Debate:
a. The discussions and deliberations at meetings of the City Council are to secure the informed judgement of Council members on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate.

Debate is regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.
b. Obtaining the Floor for Debate:

As soon as a debatable motion has been stated to the Council by the Mayor or Presiding Officer, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor or Presiding Officer. A member who has been recognized is entitled to be heard so long as he/she observes the rules of debate.
c. Speaking More Than Once:

To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Council member has already spoken and other members wish to speak, the latter members should be recognized in preference to the member who has already spoken.

However, if no other members seek recognition, the Mayor or Presiding Officer may recognize the member who has already spoken.
d. Relevancy of Debate:

All discussion must be relevant to the motion before the City Council. A member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. The Mayor or Presiding Officer should then direct the DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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speaker to limit discussion to the question before the City Council.

A motion-its nature or consequences-may be attacked vigorously. But it is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor or Presiding Officer instantly to stop any member who engages in personal attacks. It is the motion, not its proposer, that is the subject of debate. Meetings must discuss measures and ideas, not people.

Arguments, for or against a measure, should be stated as concisely as possible.

Debate must be fundamentally impersonal. All discussion is addressed to the Mayor or Presiding Officer and must never be directed to any individual. e. Mayor’s Duties During Debate:

The Mayor or Presiding Officer has the responsibility of controlling and expediting debate. A Council member who has been recognized to speak on a question has a right to the undivided attention of the Council.

It is the duty of the Mayor or Presiding Officer to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

SECTION 8. DECORUM

8.1 Council Members: Members of the City Council value and recognize the importance of the trust invested to them by the public to accomplish the business of the City. Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the City Council.

8.2 City Employees: Members of City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Council Members and members of the public.

8.3 Public: Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council.

8.4 Noise in the Chambers: Noise emanating from the audience within the Council Chambers or lobby area, which disrupts City Council meetings, shall not be permitted.

8.5 Sergeant-at-Arms: The Chief of Police, or his/her designated representative shall be exofficio Sergeant-at-Arms of the City Council.

SECTION 9. VIOLATIONS OF PROCEDURES

9.1 Nothing in these policies and procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.

DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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City Council Policy 97-01
Rules for the Conduct of City Council Meetings

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This policy shall remain in effect until modified by the City Council.

APPROVED:
_______________________________

RICH CONSTANTINE, MAYOR
DocuSign Envelope ID: B603A63C-5727-408A-96B9-0638DE3DC3D8

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Meeting
Date
Council
Member Request Teammate
Estimated
Completion
1/25/23 Borgioli discussion regarding BMR sales and seniors Garcia Summer 2023 1/25/23 Borgioli
discuss forming a working group on Senate
bills Ramirez Spring 2023
1/25/23 Spring
reviewing a commercial preservation
program Mahood Summer 2023
12/7/22 McKay
requested review of the donation and gift
policies Nguyen April 2023
11/16/22
Martinez
Beltran
discussion on Local Workforce Project
Labor Agreements TBD
11/16/22 Borgioli
requested a SB330 committee and to
collaborate with other cities Ramirez Spring 2023
11/2/22
Martinez
Beltran
address and discuss the comment from the
Carpenters Union on project TBD
9/28/22 McKay
requested holding a summit of law
enforcement agencies regarding cutthrough traffic TBD
9/28/22
Martinez
Beltran
requested an item to see if unclaimed
funds can go into a community fund rather
than the City's funds TBD
9/28/22
Martinez
Beltran
discussion regarding the recruitment of
Board of Directors for the City's partner
community groups TBD
8/3/22
Martinez
Beltran
requested a session to discuss standards
for safety regarding crosswalks, stop signs,
etc. Ghione
Transportation
Master Plan
Update
Winter 2023
6/15/22 McKay
requested a speed study to reduce the
speed limit through Downtown to 15 MPH Ghione
Transportation
Master Plan
Update
Winter 2023
6/15/22 Borgioli requested wordsmithing of Vision Zero Ghione Transportation
Master Plan
Update
Winter 2023
4/6/22
Martinez
Beltran
Discussion of Funding for Monterey Road
Specific Plan Carman Summer 2023
3/16/22
Martinez
Beltran
requested that the commercial workplan
be moved up and requested staff identify
which commercial sites can be identified
for industrial use Mahood March 2023
Future Council Initiatied Items
TBD = City Council to determine at Goal Setting if future agenda item

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2/16/22 Borgioli noise ordinance for Downtown Larkin/Ramirez Summer 2023 1/19/22 McKay discuss the community parklet Mahood/Ramirez March 2023 10/20/21 McKay
Look into what it would take to complete
the bicycle trails network in the short term Ghione
Transportation
Master Plan
Update
Winter 2023
10/6/21 McKay
elevate discussion around how we
complete bicycle path connections Ghione
Transportation
Master Plan
Update
Winter 2023
5/19/21 Borgioli
requested one or both of the senators for
SB 330, SB35, and SB 9 attend a town hall
to answer questions and provide
information to our community Ramirez
Legislative
Roundtable
Spring 2023
4/21/21 McKay
review of landscaping requirements on
developments along freeways and major
arteries to include more trees TBD
10/23/19 Spring
conversation about how our City will look
in the future as a "Smart City" Ramirez/Ghione Summer 2023 10/2/19 Spring
Follow up on CCC Parking Enforcement
(will coordinate with Lumber Yard
Development Project) Ghione Spring 2023

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9 CITY COUNCIL STAFF REPORT
MEETING DATE: February 15, 2023
PREPARED BY:

Dat Nguyen, Finance Director
APPROVED BY: City Manager
RECEIVE MONTHLY BUDGET UPDATE; DECEMBER 2022 FINANCIAL
AND INVESTMENT REPORTS; AND THE CITY MANAGER AUTHORITY
REPORT

RECOMMENDATION(S)
Accept and file report.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Preserving and Cultivating Public Trust
2022-2023 Strategic Priorities
Fiscal Sustainability
Community Outreach, Engagement, and Messaging
REPORT NARRATIVE:

As part of the City Council’s expectation to maintain a high level of transparency and to be responsible stewards of public funds, staff is providing this monthly budget update, along with the December 2022 financial and investment reports.

December 2022 Financial Report
The Revenue and Expense Summary through December 2022 is included on the first page of the monthly financial report. Overall, General Fund revenues total $15.9 million or about 32% of the budget as some of the major revenue categories are received later in the fiscal year. Expenditures, including encumbrances, amounted to $29.7 million or 52% of the budget, compared to prior year to date expenditures, including encumbrances, of $24.1 million. This represents an increase of $5.6 million in total year to date expenditures, including encumbrances, compared to the prior year to date.

Excluding the encumbrances, year to date expenditures increased by about $3.6 million mainly due to new programs launched this year, such as Innovative Transit and County Solid Waste Program, gradual recovery in Recreation Services, as well as additional staffing programed in the current year along with better staff recruitment and retention efforts citywide.

Budget Update
At the recent meeting with the City's sales tax consultant in January 2023, HdL upped

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9 the City's current fiscal year sales tax revenue estimate to $12.5 million, an increase of approximately $0.5 million from the prior estimate. Even though consumers are enduring a high cost of goods and less savings to spend, consumers are being more selective about what to buy, but they have not stopped spending entirely. New car sales continue to be strong, plus high fuel prices pumping up the service station receipts.

Recreation Services revenues continue to recover from the pandemic and are on target with budget. For water revenue, Morgan Hill residents consumed about 15% less water through December compared to the prior three-year average. As such, the 15% revenue stabilization water rate has been implemented.

City Manager’s Authority Report
Pursuant to the City Council Policy 18-05 – Report on delegation of authority to City Manager, Page 20 of Attachment lists the contracts and or agreements between $25,000 to $60,000, or the limit of the California Uniform Public Construction Cost Accounting Act (CUPCCAA), entered into by the City Manager since the last report from October 6, 2022 through January 26, 2023.

COMMUNITY ENGAGEMENT:

Inform
Finance staff prepares these financial reports to inform City officials, the Council, the community, and various lenders and stakeholders about the financial health of the organization, which assists each one of the interested parties in making sound financial and investment decisions.

ALTERNATIVE ACTIONS:

No alternative action is recommended, as this is a monthly financial report on City transactions which have already occurred.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council receives and files the financial and investment report for each month.

At the September 16, 2015 meeting, City Council recommended monthly financial and investment reports be agendized under the Consent Agenda, and quarterly financial and investment reports be presented to City Council as an “Other Business” item.

Beginning in FY 2020-21, budget reports are presented to the Council monthly.

FISCAL AND RESOURCE IMPACT:

The preparation of the report is a part of the Finance workplan.

CEQA (California Environmental Quality Act):

Not a Project
This report is not a project, as defined in Section 15378 of the State CEQA Guidelines.

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

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FINANCE DIVISION

CITY OF MORGAN HILL
December 31, 2022 - 50% of Year Complete
Prepared by:

Monthly Financial and Investment Reports

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CITY OF MORGAN HILL, CALIFORNIA
FINANCIAL STATEMENT ANALYSIS - FISCAL YEAR 2022-23
FOR THE MONTH ENDED DECEMBER 2022 – 50% OF YEAR COMPLETE  General Fund Revenues through December totaled $15.9 million, or about 32% of the budgeted revenues as some of the major revenue categories such as property tax are received later in the fiscal year. With respect to the property tax revenue forecast, the County estimates the City will receive approximately $17.5 million in property tax revenue for the current fiscal year, slightly more than budget of $17.4 million. As for sales tax, HdL, the City's sales tax consultant raised the City's current fiscal year sales tax revenue estimate to $12.5 million, an increase of approximately $0.5 million from the prior estimate in its most recent projection.

The chart below shows historical General Fund revenues by major revenue category from FY18-19 through FY21-22 Actual, FY22-23 Budget, and YTD as of December 31, 2022.

General Fund expenditures and encumbrances as of December 31, 2022 totaled $29.7 million, of which approximately $3.3 million is attributable to outstanding encumbrances, compared to prior year to date expenditures, including encumbrances, of $24.1 million. This represents an increase of $5.6 million in total year to date expenditures, including encumbrances, compared to the prior year to date. Excluding the encumbrances, year to date expenditures increased by about $3.6 million mainly due to new programs launched this year, such as Innovative Transit and County Solid Waste Program, gradual recovery in Recreation Services, as well as additional staffing programed in the current year along with better staff recruitment and retention efforts citywide.  Community Services - The Community Services Department’s recreation operations, as reflected in the schedule presented on page 7 of the Monthly Financial and Investments Reports, shows a negative impact to the General Fund of approximately $1.5 million as of December 31, 2022. Recreation Services revenues continue to recover from the pandemic and on target with budget. $12.8 $14.5 $16.0 $16.7 $17.4
$10.7 $15.9 $9.7 $11.0 $12.9 $12.4 $5.1 $4.6 $4.4
$5.9 $5.4 $9.9 $8.3 $5.7
$7.5 $8.9 $4.9 $3.6
$9.7
$9.1 $6.4
0 10
20 30
40 50
60 FY18‐19 FY19‐20 FY20‐21 FY21‐22 Budget
FY22‐23
YTD
FY22‐23
Millions ($)
Historical GF Revenues
Property Tax Sales Tax Franchise and Hotel Taxes Service Charges Other

Page 1 of 20 ends

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CITY OF MORGAN HILL, CALIFORNIA
FINANCIAL STATEMENT ANALYSIS - FISCAL YEAR 2022-23
FOR THE MONTH ENDED DECEMBER 2022 – 50% OF YEAR COMPLETE Due to longstanding governmental accounting and budgeting convention, the City’s recreation operations are not charged for indirect costs (known in Morgan Hill as “General Fund Administration”) from the central services departments of City Attorney, City Manager, and Administrative Services.

The City’s other governmental funds, such as Development Services, and the proprietary funds, such as Water and Wastewater, and the Information Services Fund, are assessed such charges through the City’s indirect cost allocation plan, prepared in compliance with the guidelines set forth in the Code of Federal Regulations Title 2, Chapter II, Part 200 (formerly OMB Circular No. A-87), which mandates certain calculation and cost allocation practices that must be followed in order to qualify for Federal grant funding, but which also represent best practice for non-grant funded City operations like utilities and information services.
 Development Services Fund – Revenues through December totaled $3.5 million compared to prior year to date amount of approximately $2 million, partially due to a result of the fees increase approved by the City Council on January 19, 2022. Expenditures, including encumbrances, totaled $3.0 million.  Debt Service Funds – Expenditures through December totaled $0.6 million. The debt service for the first half of the year includes both interest and principal, while the second half of the year will include interest only. Debt service payments were all scheduled when the bonds were issued and are budgeted for in the months delineated in the underlying bond documents. The General Fund’s portion of the annual debt service payments is approximately $200,000, less than one percent of the General Fund’s budgeted revenues.
($2.5)
($2.0)
($1.5)
($1.0)
($0.5)
$0.0
$0.5
FY13‐14 FY14‐15 FY15‐16 FY16‐17 FY17‐18 FY18‐19 FY19‐20 FY20‐21 FY21‐22 FY22‐23 Budget
Millions (S)
Historical Net GF Impact

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CITY OF MORGAN HILL, CALIFORNIA
FINANCIAL STATEMENT ANALYSIS - FISCAL YEAR 2022-23
FOR THE MONTH ENDED DECEMBER 2022 – 50% OF YEAR COMPLETE  Wastewater Operations – Revenues from Sewer Operations through December totaled $6.5 million.

Expenditures and outstanding encumbrances totaled $8.2 million or 50% of the budget. The table below shows historical Sewer Operations revenues and expenditures from FY18-19 through FY21-22 Actual, FY22-23 Budget, and YTD as of December 31, 2022.
(amount in millions) FY18‐19 FY19‐20 FY20‐21 FY21‐22
Budget
FY22‐23
YTD
FY22‐23
Revenues 11.4               11.9       13.3               14.9           14.8                6.5 Expenditures              11.4      12.3 13.3               14.8           16.3                8.2 Operating Margin    ‐       (0.4)              ‐ 0.1      (1.5)                         (1.7) Operating Margin
without Encumbrances    0.4        (0.1)                ‐ 0.1       (1.5)                           (1.5) Water Operations – Water Operations includes Utility Billing, Water Conservation, and Water Operations. Revenues from Water Operations through December totaled $8.3 million. Water Operations expenditures, including outstanding encumbrances, totaled $8.6 million. The table below shows Water Operations revenues and expenditures from FY18-19 through FY21-22 Actual, FY22-23 Budget, and YTD as of December 31, 2022.
(amount in millions) FY18‐19 FY19‐20 FY20‐21 FY21‐22
Budget
FY22‐23
YTD
FY22‐23
Revenues 14.2          15.3           16.5 16.0                   17.6 8.3 Expenditures         14.3 16.4           16.5 15.2                   17.6 8.6 Operating Margin          (0.1)   (1.1)             ‐        0.8    ‐             (0.3) Operating Margin
without Encumbrances           0.8    (0.1)              ‐         0.8 ‐    0.5  Investments – Two securities were purchased. Total interest earnings received on investments were $66,000 during the month.

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% OF ACTUAL PLUS % OF

FUND NAME ACTUAL BUDGET ENCUMBRANCES BUDGET
General 15,947,474 $ 32% $ 29,745,005 52%
Development Services 3,515,676 57% 2,989,396 49%
Housing Successor Agency 254,100 109% 828,100 72%
Sewer Operations 6,489,662 44% 8,224,428 50%
Sewer Other 7,743,128 32% 10,206,252 18%
Water Operations 8,297,522 47% 8,567,608 49%
Water Other 2,755,680 45% 938,127 14%
Other Special Revenues * 2,127,712 42% 3,201,960 38%
Capital Projects & Streets 12,022,167 52% 23,048,286 43% Debt Service 340,893 50% 551,650 81%
Internal Service 5,310,629 46% 6,309,605 46%
TOTAL FOR ALL FUNDS 64,804,643 $ 40% $ 94,610,417 40%
* Includes all Special Revenue Funds except Development Services Fund, Street Funds, and RDA and Housing Successor Agencies.

REVENUES EXPENSES
0% 20% 40% 60% 80% 100% 120%
General
Development Services
Housing Successor Agency
Sewer Operations
Sewer Other
Water Operations
Water Other
Other Special Revenues *
Capital Projects & Streets
Debt Service
Internal Service
Morgan Hill YTD Revenue & Expense Summary
December 31, 2022 - 50% of Year Complete
Revenues to Budget Expenses to Budget
50%

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% OF PRIOR YEAR % CHANGE FROM

REVENUE CATEGORY BUDGET ACTUAL BUDGET TO DATE PRIOR YEAR Property Tax 17,383,705 $ 2,694,903 $ 16% 2,432,846 $ 11% Sales Tax 12,395,413 4,458,146 36% 4,082,934 9%
Franchise Tax 2,760,000 523,586 19% 524,979 0%
Hotel Tax 2,600,000 1,149,936 44% 991,469 16%
Licenses 223,975 150,063 67% 156,417 -4%
Other Agencies 1,304,130 403,408 31% 200,908 101%
Service Charges 8,942,658 4,496,551 50% 3,683,692 22%
Interest/Other 1,756,151 657,641 37% 706,259 -7%
Transfers In 3,145,538 1,413,239 45% 1,457,928 -3%
TOTAL REVENUES 50,511,570 $ 15,947,474 $ 32% 14,237,431 $ 12% 0% 10% 20% 30% 40% 50% 60% 70% 80%
Property Tax
Sales Tax
Franchise Tax
Hotel Tax
Licenses
Other Agencies
Service Charges
Interest/Other
Transfers In
Total Revenues
Percent of Actual to Budget
Morgan Hill YTD General Fund Revenues
December 31, 2022 - 50% of Year Complete
50%

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ACTUAL PLUS PRIOR YTD PLUS % CHANGE FROM
EXPENDITURE CATEGORY BUDGET ENCUMBRANCES % OF BUDGET ENCUMBRANCES PRIOR YEAR Administration $ 6,720,240 $ 3,328,071 50% 2, $ 558,692 30% Community Services 16,221,529 8,560,791 53% 6, 490,524 32% Police 21,908,484 10,360,731 47% 9, 199,599 13%
Fire 8,653,847 4,451,755 51% 3, 741,052 19%
Transfers Out 3,687,315 3,043,657 83% 2, 135,566 43%
TOTAL EXPENDITURES $ 57,191,414 $ 29,745,005 52% 24, $ 125,432 23% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Administration
Community
Services
Police
Fire
Transfers Out
Total Expenditures
Percent of Actual to Budget
Morgan Hill YTD General Fund Expenditures
December 31, 2022 - 50% of Year Complete
50%

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City of Morgan Hill
Recreation Report - Fiscal Year 2022-23
For the Month Ended December 31, 2022
50% of Year Complete
% of
Budget December 2022 YTD Budget
Revenues
Membership Services & Rec Programs 5,136,869 $ 356,235 $ 2,552,173 $ Facility Rentals 819,459 125,225 526,512
Community Services 127,498 22,868 36,998
Transfers in 75,000 6,250 37,500
Total Revenues 6,158,826 $ 510,578 $ 3,153,183 $ 51%
Less: Expenditures
Membership & Program Services 6,772,195 $ 724,015 $ 3,115,590 $ Facility Rentals 546,870 54,332 253,296
Community Services 644,107 63,843 275,927
Total Expenditures 7,963,173 $ 842,189 $ 3,644,812 $ 46% Net Impact without encumbrances (1,804,347) $ (331,611) $ (491,629) $ Encumbrances - - 1,044,837
Net Impact with encumbrances (1,804,347) $ (331,611) $ (1,536,467) $

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The chart below shows cash balances by fund type reconciled to City's financial system:

City of Morgan Hill
Monthly Investment Report ‐ December 31, 2022
The following are the snapshots of City's investment portfolio as of December 31, 2022. The first chart shows the portfolio composition by investment type:

LAIF ‐ $20.6M
12% CA Class ‐ $8.0M
5%
Treasury Notes ‐
$22.1M
13%
Money Market ‐
<$0.1M
<1%
Treasury Bill ‐ $7.4M
4%
Federal Agency
Issues ‐ $107.0M
62%
Bond Reserves/Trust ‐
$7.4M
4%
Cash & Other
Deposits ‐ $0.2M
<1%
Investment Portfolio Composition ‐ $172.7 Million
LAIF ‐ $20.6M
CA Class ‐ $8.0M
Treasury Notes ‐ $22.1M
Money Market ‐ <$0.1M
Treasury Bill ‐ $7.4M
Federal Agency Issues ‐
$107.0M
Bond Reserves/Trust ‐
$7.4M
Cash & Other Deposits ‐
$0.2M
General Fund,
$23.9M Community
Development, $2.2M
Housing Successor
Agency/ CDBG, $4.5M
Water ‐ Operations,
$4.3M
Water Other, $20.2M
Sewer ‐ Operations,
$1.1M
Sewer Other,
$47.1M
Other Special
Revenue, $8.6M
Streets and Capital
Projects (except
RDA), $37.0M
Debt Service , $0.1M
Internal Service,
$21.8M
Agency Funds
(assessment
dists./refundable
deposits), $1.9M
Cash Balances by Fund Type
$172.7 Million

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The following chart illustrates a yield comparison by month among the City's portfolio, LAIF and 2‐Year US Treasury:

The chart below illustrates monthly average days to maturity of the City's portfolio along with the weighted average yield for the past two years:

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%

5.00%
Dec‐20
Jan‐21
Feb‐21
Mar‐21
Apr‐21
May‐21
Jun‐21
Jul‐21
Aug‐21
Sep‐21
Oct‐21
Nov‐21
Dec‐21
Jan‐22
Feb‐22
Mar‐22
Apr‐22
May‐22
Jun‐22
Jul‐22
Aug‐22
Sep‐22
Oct‐22
Nov‐22
Dec‐22
Yield Portfolio vs. Benchmarks
LAIF City 2 Yr US‐Treasury

0.00%

0.20%

0.40%

0.60%

0.80%

1.00%

1.20%

1.40%

1.60%

1.80%

2.00%
0 100
200
300
400
500
600
700
800
900
Dec‐20
Jan‐21
Feb‐21
Mar‐21
Apr‐21
May‐21
Jun‐21
Jul‐21
Aug‐21
Sep‐21
Oct‐21
Nov‐21
Dec‐21
Jan‐22
Feb‐22
Mar‐22
Apr‐22
May‐22
Jun‐22
Jul‐22
Aug‐22
Sep‐22
Oct‐22
Nov‐22
Dec‐22
Days Yield
Portfolio Yield and Maturity Trends
Avg Days to Maturity Yield

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City of Morgan Hill
Investment Portfolio Detail
As of December 31, 2022
Investment Settlement Cost Book % of Market YTM Next Call Date of Type CUSIP Date Value Value Portfolio Value at Cost Date Maturity L A I F $ 20,619,365 $ 20,619,365 11.94% $ 20,235,623 2.17% California C L A S S 8,045,337 8,045,337 4.66% $ 8,045,337 4.19% City Managed
Treasury Bill 912796XY0 8/17/2022 2,423,428 $ $ 2,452,517 1.42% $ 2,432,575 3.22% 8/10/2023 8/10/2023 Treasury Bill 912796YA1 8/18/2022 4,925,304 4,980,710 2.88% 4,975,150 3.04% 2/16/2023 2/16/2023 Treasury Note 912828Q29 4/30/2018 4,246,875 4,487,316 2.60% 4,468,365 2.73% 3/31/2023 3/31/2023 Treasury Note 91282CCZ2 10/8/2021 1,987,656 1,990,705 1.15% 1,775,860 1.00% 9/30/2026 9/30/2026 Treasury Note 91282CDR9 1/4/2022 1,999,141 1,999,568 1.16% 1,922,520 0.77% 12/31/2023 12/31/2023 Treasury Note 91282CDR9 1/19/2022 1,989,688 1,994,706 1.15% 1,922,520 1.02% 12/31/2023 12/31/2023 Treasury Note 91282CDV0 2/11/2022 1,977,969 1,987,866 1.15% 1,918,980 1.44% 1/31/2024 1/31/2024 Treasury Note 9128286R6 3/28/2022 1,996,320 1,997,659 1.16% 1,936,560 2.34% 4/30/2024 4/30/2024 Treasury Note 912828S35 4/12/2022 1,985,703 1,994,172 1.15% 1,968,520 1.97% 06/30/2023 6/30/2023 Treasury Note 912828U24 6/13/2022 1,904,688 1,916,543 1.11% 1,849,140 3.16% 11/15/2026 11/15/2026 Treasury Note 912828ZP8 8/17/2022 2,446,680 2,473,438 1.43% 2,458,800 3.04% 5/15/2023 5/15/2023 Treasury Note 91282CAW1 11/17/2022 1,246,984 1,253,411 0.73% 1,250,028 4.49% 11/15/2023 11/15/2023 FFCB Bond 3133ELVX9 4/8/2020 2,000,000 2,000,000 1.16% 1,899,620 0.88% 4/8/2023 4/8/2024 FFCB Bond 3133ELC28 5/27/2020 2,000,000 2,000,000 1.16% 1,827,100 0.73% 5/27/2023 5/27/2025 FHLMC Bond 3134GVYN2 6/3/2020 2,000,000 2,000,000 1.16% 1,857,060 0.60% 6/3/2023 12/3/2024 FHLMC Bond 3134GWZG4 10/20/2020 2,000,000 2,000,000 1.16% 1,796,580 0.60% 4/20/2023 10/20/2025 FHLMC Bond 3134GW3X2 10/27/2020 2,000,000 2,000,000 1.16% 1,790,180 0.63% 4/27/2023 10/27/2025 FHLMC Bond 3134GW6E1 11/2/2020 2,000,000 2,000,000 1.16% 1,926,860 0.32% 5/2/2023 11/2/2023 FFCB Bond 3133EMFR8 11/3/2020 2,000,000 2,000,000 1.16% 1,789,900 0.54% 5/3/2023 11/3/2025 FNMA Bond 3135GA4P3 11/18/2020 2,000,000 2,000,000 1.16% 1,793,520 0.65% 5/18/2023 11/18/2025 FHLMC Bond 3134GXEJ9 11/24/2020 2,000,000 2,000,000 1.16% 1,792,040 0.64% 5/24/2023 11/24/2025 FFCB Bond 3133EMHF2 11/24/2020 1,000,000 1,000,000 0.58% 894,130 0.60% 5/24/2023 11/24/2025 FHLMC Bond 3134GXCS1 11/25/2020 3,000,000 3,000,000 1.74% 2,685,210 0.63% 5/25/2023 11/25/2025 FHLMC Bond 3134GXFA7 11/30/2020 2,000,000 2,000,000 1.16% 1,792,280 0.65% 5/26/2023 11/26/2025 FFCB Bond 3133EMLC4 12/22/2020 2,000,000 2,000,000 1.16% 1,778,660 0.47% 6/22/2023 12/22/2025 FHLB Bond 3130AKQ74 1/22/2021 2,000,000 2,000,000 1.16% 1,779,420 0.63% 1/22/2023 1/22/2026 FNMA Bond 3135G06R9 1/28/2021 2,000,000 2,000,000 1.16% 1,776,860 0.55% 1/28/2023 1/28/2026 FHLB Bond 3130AKRN8 1/28/2021 2,000,000 2,000,000 1.16% 1,782,460 0.65% 1/28/2023 1/28/2026 FHLB Bond 3130ALCV4 2/24/2021 2,000,000 2,000,000 1.16% 1,780,880 0.75% 2/24/2023 2/24/2026 FHLB Bond 3130ALDB7 2/25/2021 2,000,000 2,000,000 1.16% 1,775,660 0.66% 2/25/2023 2/25/2026 FHLB Bond 3130AKZ25 2/26/2021 2,000,000 2,000,000 1.16% 1,774,920 0.65% 2/26/2023 2/26/2026 FHLB Bond 3130ALGS7 3/10/2021 2,000,000 2,000,000 1.16% 1,784,640 0.85% 3/10/2023 3/10/2026 FHLB Bond 3130ALEP5 3/16/2021 2,000,000 2,000,000 1.16% 1,774,920 0.70% 3/16/2023 3/16/2026 FHLB Bond 3130ALDN1 3/16/2021 2,000,000 2,000,000 1.16% 1,780,760 0.80% 3/16/2023 3/16/2026 FHLB Bond 3130AMNH1 6/9/2021 2,000,000 2,000,000 1.16% 1,784,220 1.08% 6/9/2023 6/9/2026 FHLB Bond 3130AMYJ5 6/30/2021 2,000,000 2,000,000 1.16% 1,782,360 1.00% 6/30/2023 6/30/2026 FHLB Bond 3130AMYP1 7/15/2021 3,000,000 3,000,000 1.74% 2,673,720 1.13% 1/15/2023 7/15/2026 FHLB Bond 3130AMYS5 7/15/2021 2,000,000 2,000,000 1.16% 1,819,900 0.85% 1/15/2023 7/15/2025 FHLB Bond 3130ANJC5 8/26/2021 2,000,000 2,000,000 1.16% 1,755,420 0.80% 2/26/2023 8/26/2026 FHLB Bond 3130ANLW8 8/26/2021 3,000,000 3,000,000 1.74% 2,652,660 1.00% 2/26/2023 8/26/2026 FHLB Bond 3130ANLZ1 8/26/2021 2,000,000 2,000,000 1.16% 1,762,000 0.90% 2/26/2023 8/26/2026 FHLB Bond 3130A8XY4 9/13/2021 2,103,340 2,076,442 1.20% 1,836,560 0.82% 3/11/2023 9/11/2026 FFCB Bond 3133EM4X7 9/28/2021 1,982,960 1,987,292 1.15% 1,766,060 0.98% 3/10/2023 9/10/2026 FHLB Bond 3130APCH6 9/29/2021 3,000,000 3,000,000 1.74% 2,646,210 1.13% 3/29/2023 9/29/2026 FHLB Bond 3130ANZE3 9/30/2021 2,000,000 2,000,000 1.16% 1,756,540 0.88% 3/30/2023 9/30/2026 FHLB Bond 3130AP6N0 9/30/2021 3,000,000 3,000,000 1.74% 2,650,230 1.05% 3/30/2023 9/30/2026 FHLB Bond 3130AP6M2 9/30/2021 3,000,000 3,000,000 1.74% 2,647,230 1.02% 3/30/2023 9/30/2026 FHLB Bond 3130APCG8 10/19/2021 2,000,000 2,000,000 1.16% 1,760,700 1.00% 4/19/2023 10/19/2026 FHLB Bond 3130APNX9 11/18/2021 2,000,000 2,000,000 1.16% 1,777,300 1.30% 5/18/2023 11/18/2026 FHLB Bond 3130AQFL2 12/29/2021 2,000,000 2,000,000 1.16% 1,915,940 0.75% 6/29/2023 12/29/2023 FHLB Bond 3130AQHU0 1/19/2022 2,000,000 2,000,000 1.16% 1,813,100 1.74% 1/19/2023 1/19/2027 FHLB Bond 3130AQKT9 1/25/2022 2,000,000 2,000,000 1.16% 1,862,560 1.51% 1/25/2023 7/25/2025 FHLB Bond 3130AR4F5 3/10/2022 2,000,000 2,000,000 1.16% 1,895,000 3.48% 3/10/2023 3/10/2027 FHLB Bond 3130ARH20 3/30/2022 3,000,000 3,000,000 1.74% 2,982,660 1.62% 3/30/2023 3/30/2023 FHLMC Bond 3137EAES4 5/3/2022 1,954,860 1,980,873 1.15% 1,958,720 2.25% 6/26/2023 6/26/2023 FHLB Bond 3130ASB65 5/27/2022 3,000,000 3,000,000 1.74% 2,989,560 1.88% 2/23/2023 2/23/2023 FHLMC Bond 3134GXUZ5 6/15/2022 2,000,000 2,000,000 1.16% 1,924,420 3.28% 6/15/2023 12/15/2025 FHLB Bond 3130ASPE3 7/28/2022 2,000,000 2,000,000 1.16% 1,936,300 4.30% 1/28/2023 7/28/2027 FNMA Bond 3135GACZ2 11/25/2022 2,000,000 2,000,000 1.16% 2,003,140 5.40% 5/25/2023 11/25/2024 FHLMC Bond 3134GY4B5 11/28/2022 2,000,000 2,000,000 1.16% 1,996,880 5.00% 5/26/2023 8/26/2024 FFCB Bond 313312MF4 12/19/2022 1,930,440 1,933,443 1.12% 1,934,820 4.65% 9/27/2023 9/27/2023 FHLMC Bond 3134GYC26 12/29/2022 2,000,000 2,000,000 1.16% 2,000,880 4.80% 6/29/2023 12/29/2027 Sub Total/Average $ 136,102,035 $ 136,506,658 79.03% $ 126,797,768 1.61% Money Market $ 37,463 $ 37,463 0.02% $ 37,463 4.17% Total City Managed/Average $ 164,804,199 $ 165,208,823 90.99% $ 155,116,191 1.81% Bond Reserve Accounts ‐ Held By Trustees $ 548,059 $ 548,059 0.32% $ 548,059 Cash/Deposits $ 185,620 $ 185,620 0.11% $ 185,620 PARS and CALPERS CERBT Trust $ 6,787,404 $ 6,787,404 3.93% $ 7,000,623 GRAND TOTAL/AVERAGE $ 172,325,282 $ 172,729,906 100% $ 162,850,492

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CITY OF MORGAN HILL CASH AND INVESTMENT REPORT
FOR THE MONTH OF DECEMBER 31, 2022
FOR THE FISCAL YEAR OF 2022-23
Invested Book Value % of Market
in Fund Yield End of Month Total Value
Investments
State Treasurer LAIF - City All Funds Pooled 2.17% 14,261,781 $ 8.26% 13,996,359 $ 2015 Wastewater Rev Bonds - CIP Wastewater Fund 2.17% 6,357,584 3.68% 6,239,264 California CLASS All Funds Pooled 4.19% 8,045,337 4.66% 8,045,337 Federal Issues All Funds Pooled 1.51% 106,978,049 61.93% 99,168,778 US Treasury Notes All Funds Pooled 2.05% 22,095,382 12.79% 20,221,265 US Treasury Bills All Funds Pooled 3.10% 7,433,227 4.30% 7,407,725 Dreyfus Treas Cash Management Acct All Funds Pooled 4.17% 37,463 0.02% 37,463 SUBTOTAL $ 165,208,823 95.65% 155,116,191 $
Bond Reserve Accounts - held by trustees
Zions Bank - Civic Center/Library Facility
Blackrock Liq Fund Debt Service 3.80% 311 0.00% 311
Zions Bank - MH Police Facility Lease Revenue Bonds
Blackrock Liq Fund Debt Service 3.80% 395 0.00% 395
BNY - RDA Bonds
Dreyfus Cash Mgmt 521 Agency Fund 0.00% 23,240 0.01% 23,240 Zions Bank - MH Ranch 2015
Blackrock Liq Funds Fed Fund -DI -2015 Agency Fund 3.80% 258,419 0.15% 258,419 Zions Bank - Madrone Bus Park Taxable/ Tax Exempt 2015
Blackrock Liquidity Temp Fund-2015 Agency Fund 3.80% 0.15% 265,694 265,694 SUBTOTAL 548,059 0.32% 548,059
Other Cash/Deposits
General Checking All Funds 139,620 0.08% 139,620
Workers' Comp Administrators Workers' Comp 30,000 0.02% 30,000 Petty Cash & Emergency Cash General Fund 16,000 0.01% 16,000 CALPERS CERBT - OPEB Trust 4,487,404 2.60% 4,613,798
PARS - PENSION Trust 2,300,000 1.33% 2,386,825
SUBTOTAL 6,973,024 4.04% 7,186,242
Total Cash and Investments $ 172,729,906 100.00% $ 162,850,492

CASH ACTIVITY SUMMARY
FY 2022-23
07/1/22 Change in 12/30/2022
Fund Type Balance Cash Balance Balance
General Fund 26,535,041 $ (2,671,888) $ 23,863,153 $
Community Development 1,919,696 282,218 2,201,915
Housing Successor Agency/ CDBG 4,670,910 (201,230) 4,469,680 Water - Operations 2,980,708 1,321,968 4,302,677
Water Other 18,208,344 1,974,796 20,183,140
Sewer - Operations 1,663,439 (593,943) 1,069,496
Sewer Other 50,357,493 (3,269,579) 47,087,914
Other Special Revenue 8,482,063 157,179 8,639,242
Streets and Capital Projects (except RDA) 38,126,094 (1,077,874) 37,048,221 Debt Service 339,861 (210,429) 129,432
Internal Service 21,185,083 618,751 21,803,834
Agency Funds (assessment dists./refundable deposits) 9,072,901 (7,141,698) 1,931,203 Total $ 183,541,633 $ (10,811,728) $ 172,729,906
Note: See Investment Porfolio Detail for maturities of "Investments." Market values are obtained from the City's investment brokers' monthly reports.

I certify the information on the investment reports has been reconciled to the general ledger and bank statements and that there are sufficient funds to meet the expenditure requirements of the City for the next six months. The portfolio is in compliance with the City of Morgan Hill investment policy and all State laws and regulations.

Prepared by: ____________________________________ Approved by:

Gina Nazareno, Senior Accountant
Reviewed by: ____________________________________
Dat Nguyen, Finance Director Caitlin Jachimowicz, Treasurer

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City of Morgan Hill
Year to Date Revenues - Fiscal Year 2022-23
For The Month Ended December 31, 2022
50% of Year Complete

CURRENT INCR (DECR)
ADOPTED AMENDED YTD % PRIOR FROM PRIOR %

BUDGET BUDGET ACTUAL OF BUDGET YTD YTD CHANGE
010 GENERAL FUND
TAXES
Property Tax - Secured/Unsecured $ 14,753,873 14,753,873 $ 2,558,679 17% $ 2,392,326 $ 166,354 7% Property Tax - RPTTF Residual Distribution 2,429,832 2,429,832 n/a - - n/a - Property Tax - Supplemental Roll 200,000 200,000 136,224 68% 40,520 95,704 236% Sales Tax 11,950,308 11,950,308 4,341,707 36% 3,928,016 413,691 11% Public Safety Sales Tax 445,105 445,105 116,439 26% 154,918 (38,479) -25% Transient Occupancy Taxes 2,600,000 2,600,000 1,149,936 44% 991,469 158,467 16% Franchise (Refuse ,Cable ,PG&E) 2,760,000 2,760,000 523,586 19% 524,979 (1,393) 0% Property Transfer Tax 500,000 500,000 172,990 35% 330,958 (157,968) -48% TOTAL TAXES 35,639,118 35,639,118 8,999,560 25% 8,363,185 636,375 8%

LICENSES/PERMITS
Business License 170,000 170,000 126,775 75% 152,787 (26,011) -17% Other Permits 53,975 53,975 43% 3,630 23,288 19,658 542% TOTAL LICENSES/PERMITS 223,975 223,975 150,063 67% 156,417 (6,353) -4%

FINES AND PENALTIES
Parking Enforcement 2,932 2,932 2,774 95% 1,423 1,350 95% Bails & Fines 46,480 46,480 17,622 38% 18,542 (921) -5% Administrative Citations 20,000 20,000 6,685 33% - 6,685 0% TOTAL FINES AND PENALTIES 69,412 69,412 27,080 39% 19,966 7,115 36%

OTHER AGENCIES
Motor Vehicle in-Lieu 40,000 40,000 n/a - - n/a -
Other Revenue - Other Agencies 1,304,130 1,304,130 31% 200,908 403,408 202,500 101% TOTAL OTHER AGENCIES 1,344,130 1,344,130 403,408 30% 200,908 202,500 101%

CHARGES CURRENT SERVICES
Police False Alarm Charge 32,280 32,280 14,231 44% 14,255 0% (24) Business License Application Review 53,000 53,000 18,923 36% 21,753 (2,830) -13% Membership Services & Rec Programs 5,136,869 5,136,869 2,552,173 50% 2,093,019 459,153 22% Facility Rentals 819,459 819,459 526,512 64% 261,251 265,261 102% Community Services 127,498 127,498 36,998 29% 98,322 (61,324) -62% General Administration Overhead 1,775,408 1,775,408 887,704 50% 916,152 (28,448) -3% Other Charges Current Services 998,144 998,144 46% 278,940 460,010 181,070 65% TOTAL CURRENT SERVICES 8,942,658 8,942,658 4,496,551 50% 3,683,692 812,859 22%

OTHER REVENUE
Use of money/property 774,829 774,829 325,402 42% 215,668 109,735 51% Other Revenues 371,910 371,910 36% 139,667 132,169 (7,498) -5% TOTAL OTHER REVENUE 1,146,739 1,146,739 457,571 40% 355,335 102,236 29%

TRANSFERS IN
One Time Transfer 180,000 180,000 90,000 50% 52,500 37,500 71% Public Safety Facilities Fund 50,000 50,000 25,000 50% 49,992 (24,992) -50% Supplemental Law Enforcement Fund 100,000 100,000 n/a - 50,000 (50,000) -100% Countywide Solid Waste 355,000 355,000 177,500 50% 325,000 (147,500) -45% Streets 904,438 904,438 342,687 38% 260,778 81,909 31%
Park Maintenance 650,000 650,000 325,002 50% 325,002 n/a - Sewer Operations 375,000 375,000 187,500 50% 178,578 8,922 5% Water Operations 375,000 375,000 187,500 50% 178,578 8,922 5% Open Space 81,100 81,100 40,550 50% - 40,550 n/a
Park Development 75,000 75,000 37,500 50% 37,500 n/a -
TOTAL TRANSFERS IN 3,145,538 3,145,538 1,413,239 45% 1,457,928 (44,689) -3% TOTAL GENERAL FUND 50,511,570 50,511,570 15,947,474 32% 14,237,431 1,710,043 12%

SPECIAL REVENUE FUNDS
202 STREET MAINTENANCE
Gas Tax 2105 - 2107.5 909,478 909,478 342,687 38% 260,523 82,164 32% Interest / Other Revenue/Other Charges 5 58 8 1,342 2313% 255 1,087 427% 202 STREET MAINTENANCE 909,536 909,536 344,029 38% 260,778 83,251 32%

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City of Morgan Hill
Year to Date Revenues - Fiscal Year 2022-23
For The Month Ended December 31, 2022
50% of Year Complete

CURRENT INCR (DECR)
ADOPTED AMENDED YTD % PRIOR FROM PRIOR %

BUDGET BUDGET ACTUAL OF BUDGET YTD YTD CHANGE

SPECIAL REVENUE FUNDS
205 SUPPLEMENTAL LAW ENFORCEMENT FUND
Interest Income 1,438 1,438 1,446 101% 448 223% 998
Police Grant/SLEF/JAG 100,000 100,000 90,271 90% 86,285 3,986 5% 205 SUPPLEMENTAL LAW ENFORCEMENT FUND 101,438 101,438 91,717 90% 86,732 4,985 6% 206 DEVELOPMENT SERVICES
Building Fees 3,433,600 3,433,600 2,052,248 60% 1,246,143 806,105 65% Planning Fees 1,259,167 1,259,167 404,839 32% 385,253 19,586 5% Engineering Fees 1,142,289 1,142,289 853,225 75% 317,780 535,445 168% Other Revenue/Current Charges 346,181 346,181 59% 96,587 205,364 108,777 113% 206 DEVELOPMENT SERVICES 6,181,237 6,181,237 3,515,676 57% 2,045,763 1,469,913 72% 207 LONG RANGE PLANNING 995,882 995,882 536,264 54% 317,110 219,154 69% 215 and 216 HCD BLOCK GRANT
Interest Income/Other Revenue 244 244 338 138% 133 205 154% 215 and 216 HCD BLOCK GRANT 244 244 338 138% 133 205 154% 225 ASSET SEIZURE 979 979 537 55% 290 247 85%
229 LIGHTING AND LANDSCAPE 199,916 199,916 792 0% 425 367 86% 230 COMMUNITY FACILITIES DISTRICT 37,591 37,591 548 1% 255 294 115% 232 ENVIRONMENTAL PROGRAMS 553,277 553,277 269,488 49% 253,883 15,605 6% 234 MOBILE HOME PARK RENT STAB. 441 441 3,892 883% 7,946 (4,054) -51% 236 HOUSING MITIGATION 1,575,835 1,575,835 415,623 26% 824,369 (408,746) -50% 240 EMPLOYEE ASSISTANCE 20,673 20,673 3,997 19% 6,215 (2,218) -36% 246 COUNTYWIDE SOLID WASTE 1,628,603 1,628,603 803,802 49% 699,112 104,690 15% 247 ENVIRONMENT REMEDIATION 1,023 1,023 714 70% 276 438 159% 255 HOUSING SUCCESSOR AGENCY 233,641 233,641 254,100 109% 277,419 (23,320) -8% 260 PUBLIC ART 501 501 n/a - 1,100 (1,100) -100%
TOTAL SPECIAL REVENUE FUNDS 12,440,818 12,440,818 6,241,517 50% 4,782,283 1,459,233 31%

CAPITAL PROJECTS FUNDS
301 PARK DEVELOPMENT 1,369,271 1,369,271 1,636,253 119% 5,834,951 (4,198,697) -72% 302 PARK MAINTENANCE 60,773 60,773 502,166 826% 407,870 94,296 23% 303 LOCAL DRAINAGE 374,484 374,484 900,452 240% 502,561 397,891 79% 304 LOCAL DRAINAGE/NON AB1600 29,166 29,166 110,661 379% 86,198 24,463 28% 306 AGRICULTURE & OPEN SPACE PRESERVATION 5,058 5,058 47,538 940% 117,445 (69,907) -60% 308 STREET CIP 4,702,650 4,702,650 2,348,100 50% 2,919,403 (571,304) -20% 309 TRAFFIC IMPACT 5,019,799 5,019,799 3,522,956 70% 5,923,718 (2,400,762) -41% 315 PUBLIC SAFETY FACILITIES IMPACT 6,221,575 6,221,575 77,304 1% 114,209 (36,906) -32% 346 PUBLIC FACILITIES NON-AB1600 1,165,537 1,165,537 375,870 32% 35,205 340,665 968% 347 PUBLIC FACILITIES IMPACT 138,168 138,168 22,412 16% 26,025 (3,613) -14% 348 LIBRARY 480,582 480,582 60,505 13% 118,417 (57,912) -49% 350 UNDERGROUNDING 29,592 29,592 8,706 29% 364,969 (356,264) -98% 355 SCHOOL PEDESTRIAN/TRAFFIC SAFETY 482,291 482,291 208,672 43% 29,720 178,952 602% 360 COMMUNITY/REC IMPACT FUND 1,335,488 1,335,488 313,630 23% 136,091 177,539 130% 375 QUIMBY FEE 653,451 653,451 1,542,915 236% - 1,542,915 n/a TOTAL CAPITAL PROJECTS FUNDS 22,067,885 22,067,885 11,678,138 53% 16,616,782 (4,938,644) -30%

DEBT SERVICE FUNDS
420 CIVIC CENTER DEBT 292,184 292,184 147,137 50% 152,887 (5,750) -4% 441 POLICE FACILITY BOND 387,490 387,490 193,755 50% 192,222 1,534 1% TOTAL DEBT SERVICE FUNDS 679,674 679,674 340,893 50% 345,108 (4,216) -1%

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City of Morgan Hill
Year to Date Revenues - Fiscal Year 2022-23
For The Month Ended December 31, 2022
50% of Year Complete

CURRENT INCR (DECR)
ADOPTED AMENDED YTD % PRIOR FROM PRIOR %

BUDGET BUDGET ACTUAL OF BUDGET YTD YTD CHANGE

ENTERPRISE FUNDS
640 SEWER OPERATION
Sewer Service Fees 14,400,000 14,400,000 6,248,799 43% 6,001,164 247,636 4% Interest Income/Transfers 38,548 38,548 15,844 41% 4,391 11,453 261% Other Revenue/Current Charges 319,809 319,809 225,019 70% 168,940 56,078 33% 640 SEWER OPERATION 14,758,357 14,758,357 6,489,662 44% 6,174,495 315,167 5% 641 SEWER EXPANSION
Interest Income 64,455 64,455 120,533 187% 48,389 72,144 149% Development Impact Fee 4,336,657 4,336,657 489,322 11% 1,589,692 (1,100,370) -69% Transfer From-643 (Sewer Replacement) 13,310,782 13,310,782 3,748,942 28% 3,748,942 - n/a 641 SEWER EXPANSION 17,711,894 17,711,894 4,358,797 25% 1,638,081 2,720,716 166% 642 SEWER RATE STABILIZATION 50,000 50,000 39,742 79% 80,536 (40,794) -51% 643 SEWER-CAPITAL PROJECT 6,710,456 6,710,456 3,344,590 50% 2,352,284 992,306 42% TOTAL SEWER FUNDS 39,230,707 39,230,707 14,232,791 36% 10,245,396 3,987,395 39% 650 WATER OPERATION
Water Sales 16,400,000 16,400,000 7,538,635 46% 6,476,259 1,062,376 16% Meter Install & Service 50,000 50,000 62,982 126% 33,199 29,783 90% Transfers-In / Interest Income 580,372 580,372 296,404 51% 58,712 237,692 405% Other Revenue/Current Charges 614,770 614,770 399,502 65% 635,658 (236,156) -37% 650 WATER OPERATION 17,645,142 17,645,142 8,297,522 47% 7,203,828 1,093,694 15% 651 WATER EXPANSION
Interest Income/Other Revenue/Transfer 21,044 21,044 15,282 73% 6,990 8,292 119% Development Impact Fee 918,214 918,214 136,412 15% 276,467 (140,055) -51% 651 WATER EXPANSION 939,258 939,258 151,694 16% 283,457 (131,763) -46% 652 WATER RATE STABILIZATION - - 16,989 n/a 68,983 (51,994) -75% 653 WATER CAPITAL PROJECT 5,128,809 5,128,809 2,586,996 50% 2,534,854 52,143 2% TOTAL WATER FUNDS 23,713,209 23,713,209 11,053,202 47% 10,091,123 962,080 10% TOTAL ENTERPRISE FUNDS 62,943,916 62,943,916 25,285,993 40% 20,336,519 4,949,474 24%

INTERNAL SERVICE FUNDS
730 INFORMATION SYSTEMS 2,233,768 2,233,768 1,120,107 50% 1,125,157 (5,050) 0% 740 BUILDING MAINTENANCE 1,655,704 1,655,704 827,873 50% 565,385 262,488 46% 741 BUILDING REPLACEMENT 836,114 836,114 425,100 51% 350,842 74,258 21% 745 CIP ADMINISTRATION 1,977,307 1,977,307 536,618 27% 562,733 (26,115) -5% 760 UNEMPLOYMENT INSURANCE 2,317 2,317 1,571 68% 669 903 135% 770 WORKERS COMPENSATION 719,150 719,150 441,117 61% 382,530 58,587 15% 790 EQUIPMENT REPLACEMENT 1,259,595 1,259,595 561,111 45% 566,651 (5,540) -1% 791EMPLOYEE BENEFITS 813,718 813,718 405,102 50% 304,391 100,710 33% 795 GENERAL LIABILITY INSURANCE 1,981,019 1,981,019 992,030 50% 859,660 132,371 15% TOTAL INTERNAL SERVICE FUNDS 11,478,692 11,478,692 5,310,629 46% 4,718,017 592,612 13% TOTAL FOR ALL FUNDS 160,122,555 $ 160,122,555 $ 64,804,643 $ 40% 61,036,140 $ 3,768,503 $ 6%

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City of Morgan Hill
Year to Date Expenses - Fiscal Year 2022-23
For the Month Ended December 31, 2022
50% of Year Complete

CURRENT

FUND MONTH PERCENT OF
NO. FUND/ACTIVITY ACTUAL AMENDED YTD OUTSTANDING TOTAL TOTAL TO PRIOR

EXPENSES BUDGET EXPENSES ENCUMBRANCE ALLOCATED BUDGET YTD 010 GENERAL FUND
I. ADMINISTRATION
CITY COUNCIL 47,973 $ 430,915 $ 234,340 $ - $ 234,340 $ 54% 181,975 $ CITY ATTORNEY 78,933 1,081,769 389,636 163,979 553,615 51% 348,170 CITY MANAGER 56,716 854,800 309,449 14,140 323,589 38% 314,532 HUMAN RESOURCES 80,449 847,361 414,067 - 414,067 49% 343,327

COUNCIL SVCS & RECORDS MGMT
Council Svcs & Records Mgmt 48,475 595,414 268,251 3,200 271,451 46% 310,192 Elections 3,930 357,836 9,750 - 3 9,750 % 11,904
COUNCIL SVCS & RECORDS MGMT 52,406 953,250 278,000 3,200 281,200 29% 322,095 FINANCE 163,949 2,552,145 859,123 662,137 1,521,260 60% 784,283 TOTAL ADMINISTRATION 480,425 6,720,240 2,484,615 843,456 3,328,071 50% 2,294,383 II. COMMUNITY SERVICES
Membership Services & Rec. Programs 724,015 6,772,195 3,115,590 951,154 4,066,743 60% 2,582,909 Recreation Facility Rentals 54,332 546,870 253,296 35,125 288,421 53% 266,653 Innovative Transit 52,881 887,471 194,155 652,141 846,296 95% - Community Services 63,843 644,107 275,927 58,559 334,486 52% 235,672 Park Maintenance 123,464 1,495,918 617,805 57,566 675,371 45% 528,018 Environmental Services 22,652 390,733 111,061 - 111,061 28% 104,637 Countywide Solid Waste Program 38,346 354,416 176,248 - 176,248 50% 79,614 Street Maintenance 180,636 2,710,389 1,025,550 219,149 1,244,699 46% 1,062,124 Downtown Maintenance 14,451 325,886 87,467 24,381 111,849 34% 139,329 Cable Television 1,631 74,758 9,004 - 9,004 12% 16,435
COMMUNITY SERVICES 1,276,252 14,202,742 5,866,103 1,998,074 7,864,177 55% 5,015,391 CODE COMPLIANCE 16,796 319,550 85,386 - 85,386 27% 87,007 INFRASTRUCTURE PLANNING & CONGESTION MGMT 491,888 33,722 155,820 8,031 163,851 33% 147,923 ECONOMIC DEVELOPMENT PROGRAMS 64,585 1,207,348 403,160 44,217 447,377 37% 370,513 TOTAL COMMUNITY SERVICES 1,391,355 16,221,529 6,510,469 2,050,322 8,560,791 53% 5,620,834 III. PUBLIC SAFETY
POLICE
PD Administration 129,027 1,676,697 782,697 38,311 821,009 49% 844,585 Field Operations 1,004,391 10,591,376 5,007,658 24,703 5,032,361 48% 4,494,855 Support Services 240,046 3,389,174 1,382,014 - 1,382,014 41% 1,296,148 Emergency Services/Haz Mat 21,408 234,368 103,041 - 103,041 44% 96,279 Special Operations 399,250 3,900,732 2,006,419 - 2,006,419 51% 1,365,639 Dispatch Services 224,089 2,116,137 1,015,886 1,015,886 - 48% 881,958 POLICE 2,018,211 21,908,484 10,297,716 63,015 10,360,731 47% 8,979,464 FIRE 620,831 8,653,847 4,082,231 369,524 4,451,755 51% 3,739,327 TOTAL PUBLIC SAFETY 2,639,041 30,562,331 14,379,947 432,539 14,812,486 48% 12,718,791 IV. TRANSFERS
Other 2,507,276 3,687,315 3,043,657 3,043,657 - 83% 2,135,566 TOTAL TRANSFERS 2,507,276 3,687,315 3,043,657 3,043,657 - 83% 2,135,566 TOTAL GENERAL FUND 7,018,097 57,191,414 26,418,688 3,326,316 29,745,005 52% 22,769,574

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City of Morgan Hill
Year to Date Expenses - Fiscal Year 2022-23
For the Month Ended December 31, 2022
50% of Year Complete

CURRENT

FUND MONTH PERCENT OF
NO. FUND/ACTIVITY ACTUAL AMENDED YTD OUTSTANDING TOTAL TOTAL TO PRIOR

EXPENSES BUDGET EXPENSES ENCUMBRANCE ALLOCATED BUDGET YTD

SPECIAL REVENUE FUNDS
202 STREET MAINTENANCE 420 909,478 345,207 - 345,207 38% 262,944 205 PUBLIC SAFETY/SUPP.LAW 104 101,252 626 - 626 1% 53,624 206 DEVELOPMENT SERVICES FUND
Planning 179,569 1,772,972 796,181 983 797,163 45% 999,022 Building 211,834 2,452,139 1,049,748 68,044 1,117,792 46% 1,054,611 Engineering 167,347 1,907,855 803,145 271,295 1,074,440 56% 742,429 206 DEVELOPMENT SERVICES FUND 558,749 6,132,966 2,649,074 340,322 2,989,396 49% 2,796,062 207 LONG RANGE PLANNING 109,105 936,040 441,511 26,065 467,576 50% 305,220 215/216 CDBG 7 81 40 - 50% 40 2,748
225 ASSET SEIZURE 63 759 380 - 50% 380 14,232
229 LIGHTING AND LANDSCAPE 22,461 224,538 94,705 17,646 112,351 50% 74,665 230 COMMUNITY FACILITIES DISTRICT 4,282 39,852 17,582 - 17,582 44% 12,064 232 ENVIRONMENT PROGRAMS 65,040 525,533 244,524 15,755 260,279 50% 196,590 234 MOBILE HOME PARK 73 881 440 - 50% 440 222
236 HOUSING MITIGATION 76,839 1,900,261 395,814 176,928 572,741 30% 338,637 240 EMPLOYEE ASSISTANCE 77 20,919 4,390 - 4,390 21% 8,016 246 COUNTYWIDE SOLID WASTE PROGRAM 229,886 1,842,223 738,290 1,009,272 1,747,562 95% 509,751 255 HOUSING SUCCESSOR AGENCY 149,840 1,143,490 644,767 183,333 828,100 72% 559,099 260 PUBLIC ART - 17,000 17,993 - 17,993 106% 3,993
TOTAL SPECIAL REVENUE FUNDS 1,216,948 13,795,273 5,595,343 1,769,321 7,364,663 53% 5,137,867

CAPITAL PROJECT FUNDS
301 PARK DEVELOPMENT 43,898 2,961,569 680,608 207,780 888,388 30% 3,793,933 302 PARK MAINTENANCE 59,142 664,980 331,357 - 331,357 50% 338,919 303 LOCAL DRAINAGE 9,725 11,167,922 745,863 1,037,694 1,783,557 16% 30,100 304 LOCAL DRAIN. NON-AB1600 24,569 279,113 43,251 35,741 78,992 28% 1,440 306 AGRICULTURE & OPEN SPACE PRESERVATIO 275,854 10,488 62,927 - 62,927 23% 5,398,012 308 STREET CIP 659,427 8,318,556 6,298,861 1,352,244 7,651,105 92% 2,852,947 309 TRAFFIC IMPACT 1,683,730 9,301,872 3,661,004 5,376,890 9,037,894 97% 6,208,028 315 PUBLIC SAFETY FACILITIES IMPACT 87,621 10,050,626 371,457 525,864 897,321 9% 119,188 346 PUBLIC FAC.NON AB1600 371 3,413,224 22,872 466 23,339 1% 85,563 347 PUBLIC FACILITIES IMPACT 2,429 279,154 14,577 - 14,577 5% 13,662 348 LIBRARY IMPACT 18,576 222,916 111,458 - 111,458 50% 109,854 350 UNDERGROUNDING 95 1,194,704 571 - 571 0% 570
355 SCHOOL PEDESTRIAN & TRAFFIC SAFETY 28,477 443,838 36,964 1,350 38,314 9% 1,117,430 360 COMM/REC CENTER IMPACT 10,697 2,326,276 587,400 843,286 1,430,686 62% 192,787 375 QUIMBY FEE 2,229 1,564,865 74,254 278,342 352,596 23% 105 TOTAL CAPITAL PROJECTS FUNDS 2,641,474 52,465,468 13,043,423 9,659,657 22,703,079 43% 20,262,538

DEBT SERVICE FUNDS
420 CIVIC CENTER DEBT 262 292,184 235,073 - 235,073 80% 232,942 441 POLICE FACILITY BOND DEBT 347 387,490 316,576 - 316,576 82% 312,271 TOTAL DEBT SERVICE FUNDS 609 679,674 551,650 551,650 - 81% 545,213

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City of Morgan Hill
Year to Date Expenses - Fiscal Year 2022-23
For the Month Ended December 31, 2022
50% of Year Complete

CURRENT

FUND MONTH PERCENT OF
NO. FUND/ACTIVITY ACTUAL AMENDED YTD OUTSTANDING TOTAL TOTAL TO PRIOR

EXPENSES BUDGET EXPENSES ENCUMBRANCE ALLOCATED BUDGET YTD

ENTERPRISE FUNDS
SEWER
640 SEWER OPERATIONS 3,628,242 16,300,411 8,018,018 206,410 8,224,428 50% 6,501,653 641 SEWER CAPITAL EXPANSION 82,859 32,172,615 2,355,605 910,164 3,265,770 10% 257,477 642 SEWER RATE STABILIZATION 151 1,818 909 - 909 50% 570 643 SEWER-CAPITAL PROJECTS 1,783,715 23,759,295 6,376,329 563,244 6,939,573 29% 4,735,312 TOTAL SEWER FUND(S) 5,494,968 72,234,139 16,750,861 1,679,818 18,430,679 26% 11,495,013 WATER
Water Operations 1,518,090 16,045,940 7,237,468 677,789 7,915,258 49% 6,692,394 Utility Billing 91,645 1,147,979 443,329 55,120 498,449 43% 438,687 Water Conservation 24,366 439,985 122,363 31,539 153,902 35% 55,911 650 WATER OPERATIONS 1,634,100 17,633,904 7,803,160 764,448 8,567,608 49% 7,186,991 651 WATER CAPITAL EXPANSION 58,616 893,125 357,801 22,395 380,195 43% 402,470 652 WATER RATE STABILIZATION 113 1,362 681 - 50% 681 186 653 WATER-CAPITAL PROJECTS 1,291 5,617,611 282,248 275,004 557,251 10% 519,627 TOTAL WATER FUND(S) 1,694,121 24,146,001 8,443,889 1,061,847 9,505,736 39% 8,109,273 TOTAL ENTERPRISE FUNDS 7,189,088 96,380,140 25,194,751 2,741,665 27,936,415 29% 19,604,286

INTERNAL SERVICE FUNDS
730 INFORMATION SYSTEMS 197,397 2,619,930 1,056,420 102,215 1,158,635 44% 882,780 740 BUILDING MAINTENANCE 117,849 1,668,218 617,871 134,963 752,834 45% 517,777 741 BUILDING REPLACEMENT - 1,836,451 68,526 32,975 101,501 6% 56,043 745 CIP ADMINISTRATION 189,212 1,982,153 911,694 11,470 923,164 47% 840,983 760 UNEMPLOYMENT - 15,000 10,642 - 10,642 71% 3,846
770 WORKERS COMPENSATION 11,721 1,106,358 616,263 - 616,263 56% 672,350 790 EQUIPMENT REPLACEMENT - 1,805,964 326,065 304,632 630,697 35% 160,115 791 EMPLOYEE BENEFITS FUND 233,266 700,000 423,040 - 423,040 60% 358,434 795 GEN. LIABILITY INSURANCE 12,043 1,893,436 1,688,179 4,650 1,692,829 89% 1,483,072 TOTAL INTERNAL SERVICE FUNDS 761,488 13,627,510 5,718,701 590,904 6,309,605 46% 4,975,399 REPORT TOTAL $ 18,827,705 $ 234,139,480 $ 76,522,555 $ 18,087,862 $ 94,610,417 40% 73,294,876 $

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City of Morgan Hill
Fund Activity Summary - Fiscal Year 2022-23 For The Month Ended December 31, 2022 50% of Year Complete Beginning Year to-Date
Fund Fund Balance YTD % of YTD % of Deficit or
No. Fund 07-01-22 Actual Budget Actual Budget Carryover Reserved1 Unreserved 010 GENERAL FUND 30,325,888 $ 15, $ 32% 26, 947,474 $ 418,688 46% (10, $ 471,214) $ 3,326,316 $ 16,528,357 TOTAL GENERAL FUND $ 30,325,888 $ 15,947,474 32% $ 26,418,688 46% $ (10,471,214) $ 3,326,316 $ 16,528,357 202 STREET MAINTENANCE 63,915 $ 344,029 38% $ 345,207 43% $ (1,178) $ - $ 62,737 205 PUBLIC SAFETY/SUPPL. LAW 251,291 91,717 90% 42% 91,091 626 - 342,382 206 DEVELOPMENT SERVICES (495,437) 3,515,676 57% 2,649,074 43% 866,602 340,322 30,843207 LONG RANGE PLANNING 1,197,975 536,264 54% 441,511 47% 94,753 26,065 1,266,663 215 / 216 CDBG 29,812 338 138% 50% 40 297 - 30,109
225 ASSET SEIZURE 101,644 55% 537 50% 380 157 - 101,801 229 LIGHTING AND LANDSCAPE 190,530 792 0% 94,705 42% (93,912) 17,646 78,971 230 COMMUNITY FACILITIES DISTRICT 132,368 548 1% 17,582 44% (17,034) - 115,334 232 ENVIRONMENTAL PROGRAMS 236,258 269,488 49% 244,524 47% 24,964 15,755 245,467 234 MOBILE HOME PK RENT STAB. 69,992 3,892 883% 50% 440 3,452 - 73,444 235 SENIOR HOUSING 236,079 n/a - n/a - - - 236,079
236 HOUSING MITIGATION 5,879,386 415,623 26% 395,814 21% 19,809 176,928 5,722,268 240 EMPLOYEE ASSISTANCE 61,964 3,997 19% 4,390 21% (393) - 61,571 246 COUNTYWIDE SOLID WASTE 129,862 803,802 70% 738,290 40% 65,511 1,009,272 (813,898)247 ENVIRONMENT REMEDIATION 139,118 70% 714 n/a - 714 - 139,832 255 HOUSING SUCCESSOR AGENCY 3,091,721 254,100 109% 644,767 56% (390,667) 183,333 2,517,721 260 PUBLIC ART 67,129 n/a 17,993 - 106% (17,993) - 49,136TOTAL SPECIAL REVENUE FUNDS $ 11,383,607 $ 6,241,517 50% $ 5,595,343 41% $ 646,174 $ 1,769,321 $ 10,260,460 301 PARK DEV. IMPACT FUND $ (822,989) $ 1,636,253 119% 680,608 $ 23% $ 955,645 $ 207,780 $ (75,124) 302 PARK MAINTENANCE 2,567,344 502,166 826% 331,357 50% 170,810 - 2,738,154 303 LOCAL DRAINAGE 11,596,359 900,452 240% 745,863 7% 154,589 1,037,694 10,713,254 304 LOCAL DRAINAGE/NON-AB1600 1,374,682 110,661 379% 43,251 15% 67,409 35,741 1,406,351 306 AGRICULTURE AND OPEN SPACE PRESERVA 47,538 589,238 940% 62,927 23% (15,389) - 573,849 308 STREET CIP 5,741,205 2, 50% 6, 348,100 298,861 76% (3,950,761) 1,352,244 438,200 309 TRAFFIC IMPACT FUND 1,187,038 3,522,956 70% 3,661,004 39% (138,048) 5,376,890 (4,327,900) 315 PUBLIC SAFETY FACILITIES IMPACT 3,221,824 77,304 1% 371,457 4% (294,153) 525,864 2,401,807 346 PUBLIC FACILITIES NON-AB1600 2,878,803 375,870 32% 22,872 1% 352,998 466 3,231,335347 PUBLIC FACILITIES IMPACT FUND 1,017,051 22,412 16% 14,577 5% 7,835 - 1,024,886348 LIBRARY IMPACT FUND 1,444,583 60,505 13% 111,458 50% (50,953) - 1,393,630 350 UNDERGROUNDING 1,600,648 8,706 29% 571 0% 8,135 - 1,608,783355 SCHOOL PEDESTRIAN/TRAFFIC SFTY (46,063) 208,672 43% 36,964 8% 171,708 1,350 124,295 360 COMM/REC CTR IMPACT FUND 1,295,025 313,630 23% 587,400 25% (273,770) 843,286 177,969 375 QUIMBY FEE 839,370 1,542,915 236% 74,254 5% 1,468,661 278,342 2,029,689 TOTAL CAPITAL PROJECT FUNDS $ 34,484,118 $ 11,678,138 53% $ 13,043,423 25% $ (1,365,285) $ 9,659,657 $ 23,459,177 420 CIVIC CENTER DEBT $ 173,445 $ 147,137 50% $ 235,073 80% (87, $ 936) $ 311 $ 85,198 441 POLICE FACILITY BOND DEBT 166,744 193,755 50% 316,576 82% (122,821) 395 43,528 TOTAL DEBT SERVICE FUNDS $ 340,189 $ 340,893 50% $ 551,650 81% $ (210,757) $ 705 $ 128,726 Revenues Expenses Ending Fund Balance

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SUMMARY BY FUND TYPE
GENERAL FUND GROUP 30,325,888 $ $ 15,947,474 32% 26, $ 418,688 46% (10, $ 471,214) $ 3,326,316 $ 16,528,357 SPECIAL REVENUE GROUP 11,383,607 6,241,517 50% 5,595,343 41% 646,174 1,769,321 10,260,460 DEBT SERVICE GROUP 340,189 340,893 50% 551,650 81% (210,757) 705 128,726 CAPITAL PROJECTS GROUP 34,484,118 11,678,138 53% 13,043,423 25% (1,365,285) 9,659,657 23,459,177 ENTERPRISE GROUP 70,619,108 25,285,993 40% 25,194,751 26% 91,242 2,741,665 67,968,686 INTERNAL SERVICE GROUP 13,694,197 5,310,629 46% 5,718,701 42% (408,072) 620,904 12,665,221 TOTAL ALL GROUPS $ 160,847,107 $ 64,804,643 40% 76, $ 522,555 33% (11, $ 717,912) $ 18,118,567 $ 131,010,627 For Enterprise Funds: Unrestricted fund balance = Fund balance net of fixed assets and long-term liabilities. *Unreserved fund balance includes bond proceeds reserved for projects listed in bond documents. 1 Amount restricted for encumbrances, fixed asset replacement, long-term receivables, and bond reserves.

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City Manager's Signature Authority
Contracts and Agreements Between $25,000 to $60,000 Entered Since 10/6/2022 to 1/26/2023 Vendor Name Desription of Service Begin Date End Date Department Amount Biggs Cardosa Associates,
Inc Bridge Inspection Program 10/8/2022 6/30/2023 CSD $57,000 Healthier Kids Foundation
Healthier Kids Foundation
programming 10/21/2022 6/30/2023 CSD $25,000
NBS Government Finance
Group DBA NBS
1972 Act Landscape Maintenance Dist
Administration Services or LAD no 1 11/15/2022 6/30/2025 CSD $29,250 Abbe + Associates, LLC.

CSWS Food Recovery Program
Guidance Document and Funding
Mechanism 11/18/2022 6/30/2023 CSD $48,165
Cal-West Lighting and Signal
Maintenance, Inc.

Monterey Rd and Spring Ave Traffic
Signal Phase Modifications 11/28/2022 1/31/2023 CSD $26,615 Carbonic Service, Inc.

CO2 and Tank Rental Service
Agreement 1/18/2023 12/31/2024 CSD $60,000
Arrow Acoustics, Inc.

CRC Aerobics Studio 2 Acoustical
Panels Projects 10/26/2022 11/26/2022 CSD $29,794
Cadence Team, Inc.

City Hall and Council Chambers Wifi
Refresh 11/2/2022 6/30/2023 IT $36,882
Saviano Company, Inc.

Community Park Tennis Court
Resurfacing Project 11/28/2022 5/31/2023 CSD $45,000
Hannah-Brunetti
Community Park Pickleball Court
Design 11/29/2022 12/31/2023 CSD $35,000
Golden Bay Construction Hale Avenue Extension Project 11/22/2022 12/25/2022 CSD $54,890 H.Y. Floor Gameline and
Painting, Inc.

CRC Gym Floor Refinish and Repair
Project 1/18/2023 4/27/2023 CSD 59, 673

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Morgan Hill City CouncilFebruary 15, 2023

Morgan Hill City Council
February 15, 2023