Morgan Hill City Council
September 6, 2023

Special/Regular Meeting Agenda
City Council
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, September 6, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

AMENDED AGENDA - TELECONFERENCE INFORMATION ADDED

TELECONFERENCE
Council Member Yvonne Martinez Beltran will be participating in the City Council meeting via teleconference as follows:

Hotel Pacific
300 Pacific Street
Monterey, Ca 93940
The public may attend the City Council meeting and will have the opportunity for public comment from the Monterey teleconference location.

Morgan Hill City Council meetings are held in person, with the option for the public to attend in person or by teleconference/video conference. Information on how the public may observe and participate in the meeting is located below.

MEETING PARTICIPATION AND PUBLIC COMMENT
City Council meetings will be live-streamed on Channel 17, the City’s website, and the City’s Facebook page.

Those members of the community who would like to participate in the meetings remotely may do so by joining virtually at: https://bit.ly/MHCityCouncilMeeting or by

September 6, 2023
2 calling (669) 900-9128, then enter the webinar id: 873 3200 8380#. Public comment may be provided in the following ways:
• Provide public comment in person
• Join the City Council meeting virtually via the link above. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF

ZOOM TO BE UNMUTED)
• Join virtually by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
• Public comment in writing may be submitted via email to [email protected] or by mail to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037. Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) for your comments to be submitted to the members of the City Council with sufficient time to review the comments. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting. Public comments submitted to the City Clerk after 12:00 p.m. the day of the meeting will be provided to the City Council as time allows.

Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City’s website, so do not include any personal information you do not want to be posted on the web.

SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.

SPECIAL MEETING
5:00 pm Closed Session

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION

September 6, 2023
3 CONFERENCE WITH LABOR NEGOTIATORS
Authority: Pursuant Government Code Section 54957.6
City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Dat Nguyen, Finance Director; Edith Ramirez, Assistant City Manager, Development Services
Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #21-050

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to § 54956.9(b): (one case) Claim of DeNova Homes re" Builder's Remedy

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION

REGULAR MEETING
6:00 pm

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

RECOGNITIONS
The City of Morgan Hill recognizes Ryder Kirk and Rohan Wilmot for earning the honored Eagle Scout Award.

The City of Morgan Hill recognizes the Friends of Morgan Hill Senior Center for their outstanding dedication to the Morgan Hill Senior Center.

PROCLAMATIONS
Proclaiming the month of September as National Emergency Preparedness Month Proclaiming the month of September as National Hispanic and Latinex Heritage Month Proclaiming the month of September as Suicide Prevention Awareness Month Proclaiming the month of September as Childhood Cancer Awareness Month

September 6, 2023
4 CITY COUNCIL REPORTS
Mayor Turner

CITY MANAGER'S REPORT
New Hire, Promoted, and Retired Employee Recognitions

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

1. ACCEPT $30,000 DONATION FROM THE FRIENDS OF MORGAN HILL

SENIOR CENTER
Recommendation:

1. Accept a $30,000 donation from the Friends of the Morgan Hill Senior Center to support services at the Centennial Recreation Senior Center; and

2. Authorize the City Manager to execute any agreements necessary for donation acceptance.

September 6, 2023
5 2. ACCEPT THE GRANT FUNDING FROM CALIFORNIA HIGHWAY PATROL'S

CANNABIS TAX FUND GRANT PROGRAM FOR DUI SATURATION

PATROLS AND THE PURCHASING OF EQUIPMENT
Recommendation:

1. Accept the grant funding from the California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program (CTFGP) and adopt a resolution to amend the City’s Fiscal Year 2023-24 General Fund budget, accepting grant funding of $10,144, and appropriating $10,144, and;

2. Authorize the City Manager to execute the California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program’s (CTFGP) agreement.

3. ACCEPT MORGAN HILL RECTANGULAR RAPID FLASHING BEACON (RRFB) AND HIGH INTENSITY ACTIVATED CROSSWALK BEACON (HAWK) PROJECT IN THE AMOUNT OF $729,046
Recommendation:

1. Accept as complete the Morgan Hill Rectangular Rapid Flashing Beacon (RRFB) and High Intensity Activated Crosswalk Beacon (HAWK) Project;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

4. ADOPT ORDINANCE 2348, NEW SERIES, ESTABLISHING CHAPTER 18.29 (MONTEREY CORRIDOR FORM-BASED CODE) OF TITLE 18 (ZONING) OF

THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL AND

ESTABLISHING THE MONTEREY CORRIDOR FORM-BASED CODE

REGULATING PLAN IMPLEMENTING A FORM-BASED CODE ALONG THE

MONTEREY ROAD CORRIDOR CREATING A VIBRANT MIXED-USE

CORRIDOR THAT ENCOURAGES WALKING AND BIKING AS ENVISIONED WITHIN THE CITY OF MORGAN HILL 2035 GENERAL PLAN
Recommendation:

Waive the reading, adopt Ordinance No. 2348, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

5. ADOPT RESOLUTION AMENDING FISCAL YEAR (FY) 2023-24

COUNTYWIDE SOLID WASTE BUDGET FOR ADMINISTRATIVE SERVICES Recommendation:

Adopt resolution appropriating an additional $95,680 to the City's FY 2023-24 budget in the Countywide Solid Waste Administration Fund (246) and the General Fund (010).

September 6, 2023
6 6. APPROVE CONSULTANT AGREEMENT WITH LUHDORFF AND

SCALMANINI FOR TWO TEST WELLS
Recommendation:

1. Approve Consultant Agreement for Design Professionals with Luhdorff and Scalmanini Consulting Engineers for a total not to exceed contract amount of $347,100; and

2. Authorize the City Manager to execute and administer the Consultant Agreement for Design Professionals with Luhdorff and Scalmanini Consulting Engineers.

7. APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH DUKE'S

ROOT CONTROL
Recommendation:

Approve and authorize the City Manager to execute a second amendment to the agreement with Duke’s Root Control for additional root control treatment for a total agreement not to exceed amount of $99,185.

8. APPROVE OBJECTIVE DEVELOPMENT STANDARD WAIVERS FOR THE EDES-ALCINI: AFFORDABLE HOUSING PROJECT AT EDES COURT AND

MONTEREY ROAD
Recommendation:

Adopt Resolution approving the request for waivers for the Edes-Alcini project.

9. APPROVE THE PURCHASE OF A FIRE APPARATUS FOR THE THIRD FIRE

STATION
Recommendation:

1. Approve the purchase of a fire apparatus for the third fire station with Burton's Fire Inc. in the amount of $949,080 plus a 5% contingency; and

2. Authorize the City Manager to executive and administer the purchase agreement; and

3. Approve a budget amendment to move the approved funding from FY 2024-25 to FY 2023-24; and

4. Authorize an interfund loan to Public Safety Facilities Impact Fund (315) of $1.0 million from Local Drainage Impact Fund (303).

10. APPROVE THE AUGUST 23, 2023 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the August 23, 2023 City Council Meeting Minutes.

11. APPROVE THE CONSULTANT AGREEMENT WITH CIVICPLUS, LLC FOR

CIVICREC ENTERPRISE RECREATION SOFTWARE

September 6, 2023
7 Recommendation:

1. Approve the consultant agreement with CivicPlus, LLC in the amount of $472,886 for CivicRec enterprise recreation software; and

2. Adopt a resolution amending the FY 2023-24 General Fund (Fund 010) Budget to appropriate an additional $108,942; and

3. Authorize the City Manager to execute and administer the consultant agreement with CivicPlus, LLC.

12. AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

GRANITE GOVERNMENT SOLUTIONS FOR CONSOLIDATED

TELECOMMUNICATION SERVICES
Recommendation:

1. Authorize the City Manager to enter into an agreement with Granite Government Solutions for consolidated telecommunication services; and

2. Authorize the City Manager to execute and administer the consultant agreement with Granite Government Solutions.

13. AWARD SMART IRRIGATION CONTROLLER SYSTEM CONTRACT TO MEDALLION LANDSCAPE MANAGEMENT, INC.

Recommendation:

1. Award contract to Medallion Landscape Management, Inc. in the amount of $435,398 for the supply, installation and programming of a Citywide Smart Irrigation Controller System with a 5% contingency not to exceed $21,770;

2. Authorize the City Manager to execute and administer that certain contract with Medallion Landscape Management, Inc; and

3. Adopt a resolution amending the FY 2023-24 Budget appropriating $457,168, including $228,584 from the Water Operations Fund (650) and $228,584 from the General Fund (010).

PUBLIC HEARINGS

14. ADOPT A CITYWIDE VEHICLE-MILES-TRAVELED (VMT) POLICY

INCLUSIVE OF ESTABLISHING VMT AS THE APPROPRIATE METRIC FOR

EVALUATING TRANSPORTATION-RELATED IMPACTS UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND

ESTABLISHING VMT SCREENING CRITERIA, VMT THRESHOLDS OF

SIGNIFICANCE, AND TRANSPORTATION DEMAND MANAGEMENT (TDM)

STRATEGIES
Recommendation:

September 6, 2023
8 1. Open/close public hearing; and

2. Adopt Resolution adopting Screening Criteria and Thresholds of Significance regarding the City's implementation of State Senate Bill 743 (SB 743) transition from Level-of-Service (LOS) to Vehicle-Miles-Traveled (VMT) as the metric for transportation analysis under the California Environmental Quality Act (CEQA) for development projects.

15. ADOPT RESOLUTION AMENDING AND RESTATING THE CITY OF

MORGAN HILL'S STATEWIDE COMMUNITY INFASTRUCTURE PROGRAM ("SCIP")
Recommendation:

1. Open and Close Public Hearing; and

2. Adopt amended and restated resolution

OTHER BUSINESS

16. APPROVE CONDITIONAL FUNDING FOR THE MAGNOLIAS AFFORDABLE

HOUSING DEVELOPMENT BY FIRST COMMUNITY HOUSING AND EDEN

HOUSING (FCH-EDEN) FROM DESIGNATED HOUSING FUNDS
Recommendation:

Approve conditional funding for the FCH-Eden Housing Project, “The Magnolias,” in the amount of $600,000, contingent on FCH-Eden’s ability to obtain the remaining gap funds, and subject to an agreement negotiated by the City Attorney.

17. PROVIDE DIRECTION REGARDING CITY COUNCIL TERM LIMITS Recommendation:

Provide direction to staff regarding the drafting of an ordinance creating term limits that would be submitted to the voters in November 2024.

18. APPROVE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL

CHAMBER AND CONFERENCE ROOMS
Recommendation:

Approve City Council Policy, "Code of Conduct for Public Meetings in the Council Chamber and Conference Rooms"

19. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL

INITIATED AGENDA ITEMS
Recommendation:

Determine if the majority of the City Council want the following items agendized at a future meeting for discussion:

September 6, 2023
9 1. Consider prohibiting pedestrians on median islands; and

2. Consider restoring the use of natural gas in new construction.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.

ADJOURNMENT

September 6, 2023
10 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.

Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.

Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.

Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.

For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.

September 6, 2023
11

560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 Holland & Knight LLP | www.hklaw.com
Daniel R. Golub
415-743-6900
[email protected]
August 18, 2023
Jennifer Carman, Director
Development Services Department
City of Morgan Hill
17575 Peak Ave.

Morgan Hill, CA 95037
VIA EMAIL ([email protected])
Dear Ms. Carman:

Holland & Knight represents DeNova Homes, Inc. (the “Applicant”) with respect to the Monterey-Butterfield Project (the “Project”). Our West Coast Land Use and Environmental Group focuses particularly on enforcing California’s recently reformed housing laws, including the Housing Accountability Act (the “HAA”).1
As you know, the Applicant submitted a preliminary application for the Project pursuant to the Housing Crisis Act of 2019 (“SB 330”) on July 13, 2023 (the “Preliminary Application”). On August 11, 2023, the Applicant received a letter from the City of Morgan Hill (the “City”), purporting to respond to the Preliminary Application. We write in response to that letter.

We were very surprised to read the City take the position that it will refuse to recognize the applicability of the “Builder’s Remedy,” and to refuse to allow a much-needed 20% lower income affordable housing project to proceed. As set forth below, such action would clearly violate the HAA and subject the City to substantial liability. We hope the City will reconsider its course of action and instead work collaboratively with the Applicant to process a Project that will contribute very significantly to the region’s desperate need for housing opportunities.

As a preliminary matter, the City’s letter states that the Preliminary Application “has been initially reviewed and will not be able to be processed due to inconsistencies with the General Plan and Zoning Ordinance.” To be clear, a city is neither required to process a Preliminary Application, nor authorized by statute to determine that a Preliminary Application cannot be processed. Rather, SB 330 provides that an applicant “shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought 1 Gov. Code § 65589.5.

and upon payment of the permit processing fee[.]”2 The Preliminary Application provided the information called for by SB 330 (the City’s letter does not and cannot dispute this) and the Applicant tendered payment of the relevant fees (as the City’s letter acknowledges). As such, the Applicant is now deemed to have submitted the Preliminary Application for purposes of SB 330 and the HAA as a matter of law. No response from the City is necessary, nor does the City’s purported refusal to “process” the Preliminary Application have any legal effect.

The HAA provides that “a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted.”3 The date of that submittal, as discussed above, is July 13, 2023. As of July 13, 2023, the City had not adopted a housing element that substantially complies with Article 10.6 of the Government Code.4 That state of affairs precludes the City from disapproving any “housing development project for very low, low-, or moderate income households” (such as the Project) under Subdivision (d)(5) of the HAA. The HAA is clear that “inconsistencies with the General Plan and Zoning Ordinance” – which are identified in the City’s letter as the reasons City will refuse to approve the Project – are simply unavailable as a basis for disapproving a Project when a city has not adopted a Housing Element in substantial compliance with the law.5 To the extent the City’s letter is indicating that the City will refuse to process – or otherwise disapprove – the forthcoming formal application for the Project, any such action would inarguably violate the HAA, and would authorize the Applicant as well as others to bring a cause of action against the City to remedy that violation. As HCD has succinctly put it, on at least one Notice of Violation issued to a City for exactly the same conduct: “the Builder’s Remedy applies, and the City’s denial of the Project application based on inconsistency with zoning and land use designation is a violation of the HAA.”6
In any litigation, the City would bear the
burden of demonstrating that its conduct complied with the HAA, 7 the HAA would be
interpreted and applied to provide “the fullest possible weight to the interest of, and the approval and provision of, housing,”8
and a reviewing court would adopt a non-deferential “rigorous independent review ... in order to prevent the City from circumventing what was intended to be a strict limitation on its authority.” California Renters Legal Advocacy & Education Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 844 (citations omitted). If liable, City would be 2 Gov. Code § 65941.1 (emphasis added).
3 Gov. Code § 65589.5(o)(1).
4 See HCD, “Housing Element Review and Compliance Report” (https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-open-data-tools/housing-element-review-and-compliance-report). 5 Gov. Code § 65589.5(d).
6 HCD, “City of La Cañada Flintridge Denial of 600 Foothill Boulevard Housing Project – Notice of Violation” (June 8, 2023) (https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/la-canada-flintridgenov-060823.pdf). 7 Gov. Code § 65589.6.
8 Gov. Code § 65589.5(a)(2)(L).

subject to significant liability in the form of, inter alia, mandamus relief, attorneys’ fees, and potentially applicable fees and penalties, in a minimum amount of $10,000 per housing unit.9 Given the Project’s 323 proposed units, this works out to a minimum fine of $3,230,000. This $3,230,000 minimum fine may be further based on several factors including “any prior violations of [the HAA].”10 On this point we are compelled to mention that the City has violated the HAA in the past. See MWest Propco XXIII LLC v. City of Morgan Hill (Super. Ct. Santa Clara County, Sep. 25, 2018, No. 18-CV-333676). Finally, should the Court find that the City “acted in bad faith when it disapproved” the Project, it is statutorily obligated to “multiply the fine … by a factor of five.”11 Here, bad faith “includes, but is not limited to, an action that is frivolous or otherwise entirely without merit.”12 As explained further below, the City’s whollyunexplained position that “[w]e do not believe the City is subject to Builder’s Remedy” is entirely without merit. For reference, a minimum fine of $3,230,000, multiplied by a factor of five, would total $16,150,000.

The City’s letter says that “[w]e do not believe the City is subject to Builder’s Remedy.” There is no reasoning provided to support this assertion, nor is any reasoning apparent. While the letter states that “the City adopted the sixth-cycle Housing Element on January 25, 2023[,]” the letter declines to mention that the Housing Element City adopted in January was rejected by the California Department of Housing and Community Development (“HCD”) on April 3, 2023, who confirmed that the January 25, 2023 Housing Element did not substantially comply with Housing Element Law.13
To be clear, this rejection was not a close call. HCD denoted six pages of inconsistencies with Housing Element Law in its rejection letter. These include, but are not limited to:
• Failure to affirmatively further fair housing:
o Failure to analyze racially concentrated areas of affluence; o Failure to provide a complete analysis regarding persons experiencing homelessness;
o Failure to provide an analysis of the housing element site inventory in connection with the City’s independent obligation to affirmatively further fair housing; o Failure to include meaningful programs and actions to promote housing mobility; and
9 Gov. Code § 65589.5(k)(1)(B).
10 Gov. Code § 65589.5(k)(1)(B).
11 Gov. Code § 65589.5(l) (emphasis added).
12 Gov. Code § 65589.5(l).
13 HCD, “City of Morgan Hill’s 6th Cycle Adopted Housing Element” (Apr. 3, 2023) (https://www.morganhill.ca.gov/DocumentCenter/View/43884/sclMorganHillAdoptedOut040323).

o Failure to provide local data and knowledge needed to analyze current fair housing conditions.
• Failure to analyze special housing needs:
o Failure to analyze availability and gaps in resources with respect to Extremely Low Income Households; and
o Failure to analyze gaps in addressing the needs of special needs households and to identify specific programs to address those gaps.
• Failure to analyze governmental constraints on housing:
o Failure to add a program committing to adopting reduced parking requirements for smaller bedroom units;
o Failure to discuss local processing and permitting procedures, including the Permit Streamlining Act and the California Environmental Quality Act; o Failure to include a program committing to reduce off-site improvement requirements;
o Failure to include a program to remove constraints regarding reasonable accommodations for persons with disabilities; and
o Failure to include a program removing constraints regarding group homes. • Failure to analyze existing assisted housing developments:
o Failure to include an assessment of conversion risk and related analysis. • Failure to include programs needed to implement the policies of the Housing Element:
o Failure to ensure that programs provide specificity in implementation, including required steps and timelines.
• Failure to identify actions to make sites available during the planning period:
o Failure to include programs with actions to facilitate development of pipeline projects.
• Failure to adopt programs for preservation of assisted housing:
o Failure to include programs with specific and proactive actions to preserve at-risk units.14
To date, the City has not responded to these findings, nor has it amended its Housing Element to address a single one of these issues.
14 HCD, “City of Morgan Hill’s 6th Cycle Adopted Housing Element” (Apr. 3, 2023) (https://www.morganhill.ca.gov/DocumentCenter/View/43884/sclMorganHillAdoptedOut040323).

HCD’s determinations regarding certification are not merely advisory. Statutory law assigns responsibility for certification of Housing Element compliance to HCD alone.15 Indeed, the City’s own Housing Element Update website acknowledges that HCD is the arbiter of substantial compliance: “The Housing Element must be updated every eight years, must address statutory requirements regarding its content, and is subject to mandatory review and certification by the California Housing and Community Development Department (HCD).”16 Moreover, although Housing Element law does establish a procedure for jurisdictions to dispute HCD’s findings,17 the City did not follow this procedure. Instead, the City simply received confirmation from HCD that its Housing Element was inadequate for myriad reasons, and did nothing to address those findings. On that record, there can be no argument that the City’s housing element substantially complies with Article 10.6 of the Government Code in the face of HCD’s contrary determination.

Finally, as has been repeatedly confirmed by HCD:

The submittal of a complete preliminary application pursuant to Government Code section 65941.1 vests the right to develop a housing development project in accordance with the ordinances, policies, and standards in effect when a preliminary application is submitted. (Gov. Code § 65589.5, subd. (o)(1).)
Therefore, if the submittal occurs at a time when the jurisdiction does not have a compliant housing element, any potential benefits afforded to the applicant as a result of the jurisdiction’s noncompliant status would remain throughout the entitlement process even if the jurisdiction subsequently achieves compliance during the entitlement process.18
Thus, the City cannot sidestep this issue by subsequently bringing itself into compliance with Article 10.6 of the Government Code. Although this seems unlikely in view of the City’s apparent decision to do nothing to address the numerous issues HCD identified more than four months ago, we note it for completeness.

Technical assistance by the Association of Bay Area Governments recognizes the applicability of the Builder’s Remedy,
19 and courts have also already begun to recognize its applicability, as well 15 Gov. Code § 65585(d) (“In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.”) (emphasis added); see also City of La Cañada Flintridge 600 Foothill Boulevard – Letter of Technical Assistance” (March 22, 2023) (https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/la-canada-flintridge-ta-032223.pdf) (In other words, a local jurisdiction does not have the authority to determine that its adopted element is in substantial compliance but may provide reasoning why HCD should make a finding of substantial compliance”). 16 City of Morgan Hill, “Housing Element Update” (https://www.morganhill.ca.gov/2063/Housing-ElementUpdate). 17 Gov. Code § 65585(f).
18 HCD, “3030 Nebraska Avenue, Santa Monica – Letter of Technical Assistance” (Oct. 5, 2022) (https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/santa-monica-TA-100522.pdf). 19 Association of Bay Area Governments, “The ‘Builder’s Remedy’ and Housing Elements” (July 18, 2023) (https://abag.ca.gov/tools-resources/digital-library/builders-remedy-and-housing-elementspdf) ("[i]f a locality has

as HCD’s primary role in Housing Element Law compliance. See, e.g., Californians for Homeownership, Inc. v. City of La Cañada Flintridge (Super. Ct. L.A. County, July 11, 2023, No. 23-STCP-00699), at 25 (addressing respondent’s refusal to process a builder’s remedy application; petitioners’ “concern about the City’s future compliance with the builder’s remedy is real.”); see also Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 243 (judicial deference to HCD on Housing Element Law compliance issues). We hope the City will recognize its applicability as well.

Although the Applicant must expressly reserve its rights to enforce the law, we should be clear that the Applicant would much prefer to avoid litigation and to instead work collaboratively with City officials to design and build an affordable housing project that meets the requirements of the law as well any legitimate concerns City officials may have about the Project’s design. The fact that the City must ultimately approve the Project does not mean the City is without authority to work with the Applicant to establish appropriate conditions on the Project, as long as those conditions do not impair the Applicant’s ability to feasibly deliver the affordable housing the Project is designed to provide. Our firm is working collaboratively with several other jurisdictions where Builder’s Remedy applications are being processed, because those localities recognize that for the limited time that a city remains out of Housing Element compliance, the HAA forbids disapproval of lower-income housing. By contrast, we are aware of very few jurisdictions taking the position that they will fight the applicability of this important provision of state housing law. We strongly urge Morgan Hill not to be one of them.

Consistent with the law, the Applicant will submit a formal application for the Project pursuant to Government Code Section 65941.1(d)(1). When that occurs, we urge the City to process the application in accordance with its legal obligations under the HAA. We look forward to working cooperatively with the City with respect to the Project.

Please do not hesitate to contact us with any questions you may have.

Very truly yours,
Daniel R. Golub
William Sterling
West Coast Land Use & Environmental Law Practice Group
Holland & Knight LLP
cc: Donald Larkin, Morgan Hill City Attorney ([email protected]) not adopted a housing element in substantial compliance with state law, developers may propose eligible housing development projects that do not comply with either the zoning or the general plan”).

Alex Fisch, Special Assistant Attorney General for Housing Policy ([email protected])
Shannan West, Housing Accountability Unit Chief, Department of Housing & Community Development ([email protected])
David Zisser, Assistant Deputy Director, Department of Housing & Community Development ([email protected])

1 CITY COUNCIL STAFF REPORT
MEETING DATE: September 6, 2023
PREPARED BY:

Jennie Tucker, Recreation Manager
APPROVED BY: City Manager
ACCEPT $30,000 DONATION FROM THE FRIENDS OF MORGAN HILL

SENIOR CENTER

RECOMMENDATION(S)

1. Accept a $30,000 donation from the Friends of the Morgan Hill Senior Center to support services at the Centennial Recreation Senior Center; and

2. Authorize the City Manager to execute any agreements necessary for donation acceptance.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

Over the past several years, the Friends of the Morgan Hill Senior Center has supported operations at the Centennial Recreation Senior Center through annual financial donations to the City. The donations are used to offset costs for the Senior Center. The donation typically includes support for staffing and program costs at the Senior Center and allows a higher level of service than what would be provided by City funds alone.

Previous donations have supported specific programs such as senior transportation and helped the Senior Center reopen after the COVID pandemic.

The Friends of the Morgan Hill Senior Center was established in 2011 with the primary purpose of raising funds to support Senior Center operations. "Friends", a group of more than 40 community volunteers, host the ongoing Tuesday night Bingo at the Community and Cultural Center as its primary fundraising activity. Bingo was not able to be held for two years during the pandemic, but was able to start back in March 2022.

1 This year, the Friends of the Morgan Hill Senior Center presented the City a donation of $30,000 to help fund operations at the Senior Center. The Friends are also donating $20,000 to the Mt. Madonna YMCA to assist with the nutrition program also held at the Senior Center.

When the City took on the management of the Senior Center in 2015, the Friends estimated that funding of $20,000 per year would be available to support the City's operation of the Center. The donations have been at that level or higher every year except FY 2020-21. Financial sustainability continues to be a focus area of the Senior Center in partnership with the Friends.

COMMUNITY ENGAGEMENT:

None.

The Friends shared the open application period with City staff and provided City staff with a deadline to apply for funds. The City continues to recognize the Friends' contributions at the Senior Center and publicly when receiving donations.

ALTERNATIVE ACTIONS:

The City Council could choose not to accept the donation.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council has accepted annual donations from the Friends with the exception of FY 2020-21.

FISCAL AND RESOURCE IMPACT:

The $30,000 will be accepted into the General Fund and will directly offset costs associated with operating the Senior Center. The current fiscal year budgeted donation for the Morgan Hill Senior Center is $30,000.

CEQA (California Environmental Quality Act):

Not a Project
Since the resulting activity is an administrative program that will not result in a change to the physical environment, this action is not a project under the California Environmental Quality Act.

2 CITY COUNCIL STAFF REPORT
MEETING DATE: September 6, 2023
PREPARED BY:

Ray Ramos, Administrative Sergeant
APPROVED BY: City Manager

ACCEPT THE GRANT FUNDING FROM CALIFORNIA HIGHWAY

PATROL'S CANNABIS TAX FUND GRANT PROGRAM FOR DUI

SATURATION PATROLS AND THE PURCHASING OF EQUIPMENT

RECOMMENDATION(S)

1. Accept the grant funding from the California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program (CTFGP) and adopt a resolution to amend the City’s Fiscal Year 2023-24 General Fund budget, accepting grant funding of $10,144, and appropriating $10,144, and;

2. Authorize the City Manager to execute the California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program’s (CTFGP) agreement.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2022-2023 Strategic Priorities
Fiscal Sustainability
Transportation
Guiding Documents
Economic Blueprint
Public Safety Master Plan
Vision Zero
REPORT NARRATIVE:

The Morgan Hill Police Department (MHPD) is committed to maintaining safe roadways for our community and proactively locating motorists in our City that are Driving Under the Influence (DUI).

On February 16, 2023, MHPD applied for a grant to assist in our continued efforts to reduce the number of impaired drivers. MHPD sought funding for three saturation patrols, four Alco-Sensor VXL Preliminary Alcohol Screening (P.A.S.) devices with thermal printers, 500 Alco-Sensor VXL mouthpieces, Alco-Sensor VXL Accelerator

2 software and associated taxes for the equipment. The saturation patrols have proven to be an effective method of identifying and stopping impaired drivers from our City’s roadways. The P.A.S. devices are a key component in our evidence gathering process in determining blood alcohol levels.

MHPD was conditionally approved for $10,144 through California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program (CTFGP) on June 7, 2023. The purpose of the grant funding is to help our agency reduce and mitigate the impact of impaired driving in our community.

The official Grant Agreement for signature is forthcoming. In order to execute the Grant Agreement, CHP is requesting documentation from the City of Morgan Hill authorizing MHPD to receive the requested funding. The Agreement is a one-time funding request with no reoccurring costs. MHPD requests the City Council to authorize entrance into this Grant Agreement.

COMMUNITY ENGAGEMENT:

This staff report will serve as the instrument to inform the community of the Agreement between the City of Morgan Hill and CHP’S CTFGP.

ALTERNATIVE ACTIONS:

The City Council could choose not to accept the grant funding, which would result in no additional funding for saturation patrols or equipment upgrades.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council has accepted grant funding from the Selective Traffic Enforcement Program (STEP) grants through the Office of Traffic Safety (OTS).

Below is the grant cycles and the amount awarded to MHPD from OTS. 10/1/2007 to 9/30/2008 - $9,536
10/1/2009 to 9/30/2010 - $13,131
10/1/2010 to 9/30/2011 - $18,895
10/1/2012 to 9/30/2013 - $24,750
10/1/2013 to 9/30/2014 - $36,800
10/1/2018 to 9/30/2019 - $43,000
FISCAL AND RESOURCE IMPACT:

Recognize $10,144 as revenue towards California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program (CTFGP) (010.37516). Appropriate $10,144 in Field Operations, Other Supplies (010.3210.42248) for the cost associated with the three saturation patrols, four Alco-Sensor VXL Preliminary Alcohol Screening (P.A.S.) devices with thermal printers, 500 Alco-Sensor VXL mouthpieces, Alco-Sensor VXL Accelerator software and associated taxes for the equipment. A Budget Scorecard is attached.

Below is a matrix outlining the proposed budget requested from CHP’S CTFGP.

2 California Highway Patrol Cannabis Tax Fund Grant Program Labor Cost: Saturation
Patrols
2 Officers
1 Corporal
$1,750.00
Total for 3
Officers
4 Alco-Sensor VXL universal screener with
thermal printer $7,000.00
500 mouthpieces $140.00
Equipment Cost Alco-Sensor Software $395.00
Taxes $858.86
Total requested:
$10,143.86
CEQA (California Environmental Quality Act):

Not a Project - Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.

State of California -- Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-3330
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 7, 2023
File No.: 060.15426.14597.066.2023.06004
Corporal John Kuhlen
Morgan Hill Police Department
16200 Vineyard Boulevard
Morgan Hill, CA 95037
Dear Corporal Kuhlen:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Morgan Hill Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $10,143.86. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORGAN HILL APPROVING AN AMENDMENT TO THE
CITY’S FISCAL YEAR 23-24 BUDGET ACCEPTING A
GRANT PAYMENT OF $10,144 FROM CALIFORNIA HIGHWAY
PATROL’S CANNABIS TAX FUND GRANT PROGRAM AND
APPROPRIATING $10,144 FOR THE PURCHASE OF FOUR

ALCO-SENSOR VXL PRELIMINAY ALCOHOL SCREENING

EQUIPMENT AND THREE DUI SATURATION PATORLS
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting the purchase described in, and that is the subject of, this Resolution are set forth in detail in that certain City Council Staff Report entitled “Accept the Grant Funding From California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program (CTFGP)” submitted for City Council consideration at its meeting of September 06, 2023, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 23-24, as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which meeting the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the activities allowed under this Resolution do not constitute a project under the provisions of California Environmental Quality Act of 1970; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:

City of Morgan Hill
Resolution No. 23-xxx

a. That the City is in support of the payment for the purchase of three saturation patrols, four Alco-Sensor VXL Preliminary Alcohol Screening (P.A.S.) devices with thermal printers, 500 Alco-Sensor VXL mouthpieces, Alco-Sensor VXL Accelerator software and associated taxes for the equipment; and
b. That the City’s previously adopted Fiscal Year 23-24 Budget, as the same has been amended to date, is hereby further amended in accordance with and as reflected on Exhibit A attached hereto and incorporated herein by this reference; and
c. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 23-24 Budget of the City; and d. That the City Manager is hereby delegated authority to and is authorized to take all other ministerial actions that may be necessary or appropriate to implement the provisions of this Resolution.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 6th day of September 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
➢ 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.XXXX , adopted by the City Council at the meeting held on September 06, 2023.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 23-xxx

EXHIBIT A

AGENDA BUDGET SCORECARD
FISCAL YEAR 2023-2024
ADJUSTMENT # 007
FUND: 010 General Fund
FUNCTION: 020 Public Safety
DEPARTMENT: 020 Police
DIVISION: 3210 PD - Field Patrol
OBJECT: 42248 Contract Services
AGENDA DATE: 09/06/23
AGENDA ITEM TITLE:
07/01/23 06/30/24

UN-AUDITED PROJECTED

BEGINNING AMENDED ENDING

FUND ESTIMATED APPROPRI- FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 32,301,306 53,338,814 58,725,546 26,914,574

CUMULATIVE REVISIONS PRIOR - - - -

TO RECOMMENDED ACTION
RECOMMENDED ACTION 10,144 10,144 -
RESULT OF RECOMMENDED ACTION 32,301,306 53,348,958 58,735,690 26,914,574 California Highway Patrol's Cannabis Tax Fund Grant

3 CITY COUNCIL STAFF REPORT
MEETING DATE: September 6, 2023
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager

ACCEPT MORGAN HILL RECTANGULAR RAPID FLASHING BEACON
(RRFB) AND HIGH INTENSITY ACTIVATED CROSSWALK BEACON
(HAWK) PROJECT IN THE AMOUNT OF $729,046

RECOMMENDATION(S)

1. Accept as complete the Morgan Hill Rectangular Rapid Flashing Beacon (RRFB) and High Intensity Activated Crosswalk Beacon (HAWK) Project;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Supporting our Youth, Seniors, and Entire Community
2022-2023 Strategic Priorities
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

On August 3, 2022, the Morgan Hill Rectangular Rapid Flashing Beacon (RRFB) and High Intensity Activated Crosswalk Beacon (HAWK) Project was awarded to Golden Bay Construction, Inc. in the amount of $665,989 with an authorized contingency of $66,599. The project resulted in the installation of RRFB Beacon at three locations (two on LaCrosse Drive and one on Middle Avenue/West Little Llagas Creek Trail).

Additionally, a HAWK beacon was installed at the intersection of Watsonville Road and the West Little Llagas Creek Trail. Further enhancements included concrete flatwork, striping, electrical, and other miscellaneous work (Attachment 1 - Vicinity Map).

Due to RRFB and HAWK equipment delays, work on the project did not commence until

3 April 2023. Once the equipment was delivered, the project moved quickly and was substantially completed by July 2023. The completion of this project has allowed the West Little Llagas Creek Trail from Watsonville Road to the north side of Silvera Lake to be opened for Public Use.

Three change orders were authorized in the amount of $63,057 due to unforeseen conditions and additional work (Attachment 2). The final construction contract cost with Golden Bay Construction, Inc. is $729,046. Staff recommends accepting this project as it is complete in accordance with the plans and specifications. By accepting this project, the City Clerk will file a Notice of Completion for this project (Attachment 3).

This project received grants from Valley Water, Santa Clara Valley Open Space Authority, and the State of California Habitat Conservation Fund (HCF) Program. Staff will submit all necessary paperwork to the grantors pending project acceptance by City Council for a reimbursement of up to $526,000.

COMMUNITY ENGAGEMENT:

Inform
Prior to and during construction, the City provided provided weekly project updates on social media and the City website. A ribbon cutting was held on August 5, 2023 to provide additional information about the project and its opening.

ALTERNATIVE ACTIONS:

Accepting the project in accordance with the contract documents is a required process and enables the City to release any retained funds owed to the contractor per California Public Contract Code Section 7107.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

West Little Llagas Creek Trail Project
City Council approved the West Little Llagas Creek Trail as a project in the City's approved Capital Improvement Program. Furthermore, this is a project that has been supported by the City Council through the approval of the 2017 Master Bikeways, Trails, Parks, Facilities, and Recreation Master Plan.

September 27, 2017 - Grant Application to the State of California Habitat Conservation Fund (HCF) Program.

October 4, 2017 - Grant Application to Valley Water.

December 6, 2017 - Grant Application to the Santa Clara Valley Open Space Authority July 17, 2019 - Approved Design Agreement for West Little Llagas Creek Trail Project.

September 15, 2020 - Parks and Recreation Commission approved West Little Llagas Creek Trail and Valley Water cost share.

3 April 5, 2022 - Library, Cultural and Arts Commission reviewed and recommended to the City Council that the Steelhead Trout Sculpture proposed by Evelyn Davis be approved.

May 4, 2022 - City Council Approved Sculpture Agreement with Evelyn Davis for Sculpture at West Little Llagas Creek Trail Project.

June 1, 2022 - City Council Authorized the City Manager to Execute Maintenance Agreements with the County of Santa Clara for Traffic Safety Improvements at Middle Avenue at the West Little Llagas Creek Trail, Watsonville Road at the West Little Llagas Creek Trail, and DeWitt Avenue/Spring Avenue Intersection.

August 3, 2022 - City Council awarded Morgan Hill Rectangular Rapid Flashing Beacon (RRFB) and High Intensity Activated Crosswalk Beacon (HAWK) Project.

FISCAL AND RESOURCE IMPACT:

The final contract amount for the Morgan Hill Rectangular Rapid Flashing Beacon (RRFB) and High Intensity Activated Crosswalk Beacon (HAWK) Project is $729,046.

The project was awarded to Golden Bay Construction, Inc. in the amount of $665,989 with an authorized contingency of $66,599 (total of $732,588). This project is funded under the West Little Llagas Creek Trail Project (#117001) and Bike, Pedestrian, and Traffic Safety Project (#520023). The remaining funds of $3,542 will be returned to Project #520023.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance, or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities. Minor Alterations to Land, under this section, covers minor public or private alterations to the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees for forestry or agricultural purposes, including the creation of bicycle lanes on existing right-of-way.

Engineering and Utilities Department
±
CIP Engineering Division
Document path: G:\R-14\PROJ\Maribel\GIS\Morgan Hill RRFB HAWK Morgan Hill RRFB and
HAWK Project
Santa Clara County, Santa Cruz County, Maxar
LA CROSSE DR. (NORTH) RRFB
LA CROSSE DR. (SOUTH) RRFB
WATSONVILLE RD. HAWK
0 480 960 1,920 2,880 3,840
Feet
W. MIDDLE AVE.

RRFB

CIP Contract Acceptance
Funding Closeout Statement
Project: Morgan Hill Rectangular Rapid Flashing Beacon and High Intensity Activated Crosswalk Beacon (HAWK) Project Project No: 118020
Date of Project
Award: 3-Aug-22 Project AwardAmount:

Funding Source:

Contingency
Authorized:

Date of Project
Acceptance: 6-Sep-23 Total Authorized:

Actual Base
Contract Spent:

Change Orders
Description Date
Council Approval
Reqd? (Y/N)
C.O. #1: Fence Changes 19-Apr-23 N
C.O. #2: Additonal Electrical Work 21-Jun-23 N
C.O. #3 Misc. Project Adds 10-Aug-23 N
Total C.O.:

Additional Appropriations
Source Amount Date
None
Total Construction
Amount (Base
Contract plus
CO's):

Construction Fund Balance: $3,541.57

$665,989
$66,599
$732,588
$665,989
$23,400.00
$14,049.43
$25,608.00
$63,057.43
$729,046.43
swalk Beacon (HAWK) Project

<Project Title> 2020 Form NOTICE OF COMPLETION
<Project Number> Page 1
Recording Requested By:

The City of ___________
When Recorded Mail To:
_____________________ <name, title>
_____________________ <street address>
_____________________ <city, state and zip>

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Morgan Hill (“City”)

3. City’s address is 17575 Peak Avenue Morgan Hill, CA 95037

4. The nature of City’s interest in the Project is:

XX Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows:

Installation of Rectangular Rapid Flashing Beacon at LaCrosse Drive (2 locations), Middle Avenue/West Little Llagas Creek Trail, and High Intensity Activated Crosswalk Beacon at Watsonville Road/West Little Llagas Creek Trail

6. The name of the original Contractor for the Project is: Golden Bay Construction, Inc.

7. The Project was accepted as complete on: September 6, 2023

8. The Project is located at: LaCrosse Drive (2 locations), Watsonville Road/West Little Llagas Creek Trail, Middle Avenue/West Little Llagas Creek Trail Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Name and Title

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 920

4 CITY COUNCIL STAFF REPORT
MEETING DATE: September 6, 2023
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE 2348, NEW SERIES, ESTABLISHING CHAPTER

18.29 (MONTEREY CORRIDOR FORM-BASED CODE) OF TITLE 18
(ZONING) OF THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL

AND ESTABLISHING THE MONTEREY CORRIDOR FORM-BASED

CODE REGULATING PLAN IMPLEMENTING A FORM-BASED CODE

ALONG THE MONTEREY ROAD CORRIDOR CREATING A VIBRANT

MIXED-USE CORRIDOR THAT ENCOURAGES WALKING AND BIKING
AS ENVISIONED WITHIN THE CITY OF MORGAN HILL 2035 GENERAL PLAN

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2348, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Affordable Housing and Homelessness
Economic Development
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

On August 23, 2023, the City Council introduced Ordinance No. 2348, New Series, by the following roll call votes: AYES: Borgioli, Librers, Martinez Beltran, Spring, Turner; NOES: None; ABSTAIN: None; ABSENT: None.

Ordinance No. 2348 establishes Chapter 18.29 (Monterey Corridor Form-Based Code)

4 of Title 18 (Zoning Code) to create a vibrant mixed-use corridor that encourages walking and biking north and south of Downtown, from approximately Main Avenue north to Burnett Avenue and from approximately Dunne Avenue south to Rome Avenue. The Monterey Corridor Form-Based Code (FBC) will serve as the backbone, and reduce the cost, for a future Monterey Corridor Specific Plan that includes a Downtown Specific Plan update. The FBC establishes development standards that are objective and implement the community vision, emphasizing pedestrian-oriented building form and streamlined housing development with an appropriate mix of uses.

COMMUNITY ENGAGEMENT:

Inform/Engage
The Planning Commission held the first workshop regarding the FBC on September 8, 2020, in which LWC provided a presentation on ‘What is a Form-Based Code’, as well as the proposed boundary for the FBC. The Commission also reviewed, discussed, and provided feedback on the FBC Impediments and Recommendations Memo. The memo provided an overview of state legislation and form-based codes, highlighted policy direction related to form-based codes, assessed relevant standards in the existing Zoning Code, evaluated impediments to achieving the vision and objectives of the General Plan, and presented recommendations for the most effective form-based code approach.

A second Planning Commission workshop was held on April 13, 2021, in which LWC presented the Public Review Draft FBC, discussed FBC principles, and gathered input.

The workshop was intended as an opportunity for the Community and Planning Commission to learn more about the project and review and comment on the Public Review Draft FBC.

A hybrid community meeting regarding the Monterey Corridor Form-Based Code was held on July 19, 2023, to update residents, property owners, and developers on the most recent version of the draft Form-Based Code.

In addition, City Staff presented the Monterey Corridor Form-Based Code at the Chamber of Commerce Economic Development Committee meeting on August 10, 2023.

A 10-day public hearing notice was published in the Friday, June 30, 2023, edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notices were also provided in the City's 411 and the City's website:
https://www.morganhill.ca.gov/2060/Monterey-Corridor---Form-Base-Code. On July 25, 2023, the Planning Commission held a public hearing regarding the proposed ordinance.

ALTERNATIVE ACTIONS:

Not Applicable.

4 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On March 4, 2020, the City Council approved a Consultant Agreement with LWC to prepare the Monterey Corridor Form-Based Code (FBC).

On July 25, 2023, the Planning Commission considered and recommended the City Council approve the Monterey Corridor Form-Based Code on a vote of 6-0, with one member absent.

FISCAL AND RESOURCE IMPACT:

This item is included in the current adopted budget (FY22-23 and FY23-24) and is part of the Long Range Planning workplan and is funded through the Long Range Planning Fund (207). In addition, Long Range Planning secured grant funding through the 2019 Planning Grants Program from the State of California, Department of Housing and Community Development in the amount of $160,000 for the preparation and development of a form-based code for the Monterey Road Corridor.

CEQA (California Environmental Quality Act):

Exempt
This Form-Based Code is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed project is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed project will not result in any direct impact upon the physical environment. Any development that occurs in the future subject to such standards will undergo an independent analysis per the requirements of CEQA. The Environmental Impact Report (EIR) for the Morgan Hill 2035 General Plan, which envisioned the transformation of the Monterey Corridor north and south of Downtown into a vibrant mixed-use corridor, was prepared in accordance with CEQA and certified by the Morgan Hill City Council on July 27, 2016 (SCH#2015022074).

ORDINANCE NO. 2348, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
ESTABLISHING CHAPTER 18.29 (MONTEREY
CORRIDOR FORM-BASED CODE) WITHIN TITLE 18
(ZONING) OF THE MUNICIPAL CODE OF THE CITY

OF MORGAN HILL AND ESTABLISHING THE

MONTEREY CORRIDOR FORM-BASED CODE

REGULATING PLAN IMPLEMENTING A FORM-BASED

CODE ALONG THE MONTEREY ROAD CORRIDOR

CREATING A VIBRANT MIXED-USE CORRIDOR THAT

ENCOURAGES WALKING AND BIKING AS ENVISIONED
WITHIN THE CITY OF MORGAN HILL 2035 GENERAL
PLAN

THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:

Section 1. The City Council incorporates by reference the findings contained in Planning Commission Resolution No. 23-06 which support approving the Zoning Text Amendments and Zoning Map to the Morgan Hill Municipal Code.

Section 2. The City of Morgan Hill Zoning Map is hereby amended to rezone properties located within the Monterey Corridor Form-Based Code plan area, referred to as the “Monterey Corridor Form-Based Code Regulating Plan”, as provided herein and as indicated in Exhibit “A”. The plan area generally encompasses the Monterey Road corridor north and south of Downtown, from approximately Main Avenue north to Burnett Avenue and from approximately Dunne Avenue south to Rome Avenue. This initiative involves updating the former zoning designations to new zoning districts of Neighborhood Form-Based (FB-N), Corridor Form-Based (FB-C), and Urban General Form-Based (FB-UG).

Section 3. Title 18 (Zoning) of the Morgan Hill Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to establish Chapter 18.29 (Monterey Corridor Form-Based Code) as shown within attached Exhibit “B”, introduced herewith and as specifically shown in this Ordinance.

Section 4. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 5. Effective Date; Posting. This Ordinance shall take effect on the 31st day after adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:

MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATE OF THE CITY CLERK 

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 Ordinance No. 2348, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 6th day of September 2023.

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

DATE:

MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Ordinance No. 2348, New Series

1 0 0.25 0.5 0.75 1 Miles
Neighborhood Form-Based (FB-N) Zoning District
Corridor Form-Based (FB-C) Zoning District
Urban General Form-Based (FB-UG) Zoning District
Monterey Corridor Form-Based Code Regulating Plan
Public Review Draft
Form-Based Code Boundary
Legend
City of Morgan Hill
Ordinance No. 2348, New Series

Exhibit A

Monterey Corridor
Form-Based Code
City of Morgan Hill
City Council | August 2023
Prepared by: Lisa Wise Consulting, LWC
City of Morgan Hill
Ordinance No. 2348, New Series

Exhibit B

This page intentionally left blank.
2 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-i Contents

18.29.010 Introduction 29-1

18.29.010.A Purpose of the Form-Based Code 29-1

18.29.010.B Organization of the Form-Based Code 29-2

18.29.010.C How to Use the Form-Based Code 29-3

18.29.020 Purpose and Applicability of the Form-Based Code 29-5

18.29.020.A Title 29-5

18.29.020.B Purpose 29-5

18.29.020.C Applicability 29-5

18.29.030 Form-Based Zoning Districts 29-7

18.29.030.A Purpose and Intent 29-7

18.29.030.B Overview of Form-Based Zoning Districts 29-7

18.29.030.C Neighborhood Form-Based (FB-N) Zoning District 29-8

18.29.030.D Corridor Form-Based (FB-C) Zoning District 29-10

18.29.030.E Urban General Form-Based (FB-UG) Zoning District 29-12

18.29.040 Building Type Standards 29-15

18.29.040.A Purpose and Intent 29-15

18.29.040.B Applicability 29-15

18.29.040.C House 29-16

18.29.040.D Accessory Dwelling Unit 29-17

18.29.040.E Duplex/Duet 29-18

18.29.040.F Multiplex Small 29-19

18.29.040.G Multiplex Large 29-20

18.29.040.H Bungalow Court 29-21

18.29.040.I Townhouse 29-22

18.29.040.J Courtyard Building 29-23

18.29.040.K Main Street Building 29-24

18.29.040.L Liner Building 29-25
City of Morgan Hill
Ordinance No. 2348, New Series

29-ii | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050 Frontage Type Standards 29-27

18.29.050.A Purpose and Intent 29-27

18.29.050.B Applicability 29-27

18.29.050.C Forecourt 29-28

18.29.050.D Front Yard 29-29

18.29.050.E Porch, Engaged 29-30

18.29.050.F Porch, Projecting 29-31

18.29.050.G Shopfront 29-32

18.29.050.H Stoop 29-33

18.29.050.I Terrace 29-34

18.29.060 Civic Space Standards 29-35

18.29.060.A Purpose and Intent 29-35

18.29.060.B Applicability 29-35

18.29.060.C Passage 29-36

18.29.060.D Pocket Park/Plaza 29-37

18.29.060.E Plaza 29-38

18.29.070 Land Use Standards 29-39

18.29.070.A Purpose and Applicability 29-39

18.29.070.B Permitted Land Uses 29-39

18.29.070.C Specific Use Standards 29-42

18.29.080 Standards Supplemental to Form-Based Zoning Districts 29-43

18.29.080.A Purpose and Applicability 29-43

18.29.080.B Landscaping Standards 29-43

18.29.080.C Outdoor Lighting Standards 29-43

18.29.080.C Outdoor Lighting Standards 29-44

18.29.080.D Open Space Standards 29-44

18.29.080.E Parking and Loading Standards 29-44

18.29.080.F Sign Standards 29-45

18.29.090 Permits and Administration for Form-Based Zoning Districts 29-55

18.29.090.A Administrative Responsibility 29-55

18.29.090.B Common Permit Requirements 29-55
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-iii

18.29.090.C Specific Permit Requirements 29-55

18.29.090.D Sign Permit Requirements 29-55

18.29.090.E Appeals 29-55

18.29.090.F Zoning Code Amendments 29-55

18.29.090.G Development Agreements 29-55

18.29.090.H Reasonable Accommodations 29-55

18.29.090.I Enforcement 29-55

18.29.100 Definitions for Form-Based Zoning Districts 29-57

18.29.100.A “A” Terms 29-57

18.29.100.B “B” Terms 29-58

18.29.100.C “C” Terms 29-59

18.29.100.D “D” Terms 29-60

18.29.100.E “E” Terms 29-60

18.29.100.F “F” Terms 29-60

18.29.100.G “G” Terms 29-60

18.29.100.H “H” Terms 29-60

18.29.100.I “I” Terms 29-61

18.29.100.J “J” Terms 29-61

18.29.100.K “K” Terms 29-61

18.29.100.L “L” Terms 29-61

18.29.100.M “M” Terms. 29-61

18.29.100.N “N” Terms. 29-62

18.29.100.O “O” Terms. 29-62

18.29.100.P “P” Terms. 29-62

18.29.100.Q “Q” Terms. 29-62

18.29.100.R “R” Terms. 29-63

18.29.100.S “S” Terms. 29-63

18.29.100.T “T” Terms. 29-64

18.29.100.U “U” Terms. 29-64

18.29.100.V “V” Terms. 29-64

18.29.100.W “W” Terms. 29-64

18.29.100.X “X” Terms. 29-64

18.29.100.Y “Y” Terms. 29-64

18.29.100.Z “Z” Terms. 29-64
City of Morgan Hill
Ordinance No. 2348, New Series

This page intentionally left blank.
29-iv | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-1

18.29.010 Introduction
Subsections:

18.29.010.A Purpose of the Form-Based Code

18.29.010.B Organization of the Form-Based Code

18.29.010.C How to Use the Form-Based Code

18.29.010.A Purpose of the Form-Based Code
The Form-Based Code (FBC) represents a paradigm shift in the way that the built environment is regulated. The formal short definition of a Form-Based Code is as follows:
“A form-based code is a land development regulation that fosters predictable built results and a highquality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law.

A form-based code offers a powerful alternative to conventional zoning regulation.” – Form-Based Codes Institute
Unlike conventional, use-based codes, FBCs utilize the intended form and character of a neighborhood, rather than use as the organizing framework of the code. Morgan Hill will join cities and counties across the country that are now utilizing FBCs to shift their “main streets” and commercial corridors into vibrant, mixed-use areas where residents can live, work, and play within close walking distance.

For the Monterey Corridor (Corridor), the FBC establishes development standards that are objective and implement the community vision, emphasizing pedestrian-oriented building form and streamlined housing development with an appropriate mix of uses. The FBC is designed with a user-friendly organizational structure, where City staff and community members can easily navigate and recognize the standards and requirements that apply to the applicable development site.

Regulations and standards in a FBC are presented graphically in simple diagrams and photographs as well as supplemental text. These standards are keyed to a plan (i.e., a Regulating Plan) that functions like a zoning map, assigning an appropriate form and scale through the application of form-based zones to specific lots. While FBCs focus on an intended physical form, they also regulate use by allowing a mix of appropriate land uses chosen to ensure compatibility among different contexts and the intended physical form of the area. The standards ultimately shape the relationship between building facades and the public realm (i.e., the public and private space between buildings), the form and mass of buildings in relation to one another, and the scale and type of blocks.

City of Morgan Hill
Ordinance No. 2348, New Series

29-2 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.010.B Organization of the Form-Based Code
The following advisory text is intended to give a brief overview of the overall structure of Chapter 18.29 (Form-Based Zoning Districts).

1. Section 18.29.010: Introduction. This Section introduces the FBC, describes its components, and provides an illustrative explanation of how to use and apply the FBC to a typical development review application.

2. Section 18.29.020: Purpose and Applicability of the Form-Based Code. This Section provides the general purpose and intent of the form-based zoning districts and standards, as well as the applicability of the FBC.

3. Section 18.29.030: Form-Based Zoning Districts. This Section establishes the applicability of the form-based zoning districts, an overview of the zoning districts, and the specific purpose statements and development standards associated with each zoning district.

4. Section 18.29.040: Building Type Standards. This Section establishes the purpose and intent of the building type standards, the applicability of the standards, a description of each building type, and objective standards associated with each type.

5. Section 18.29.050: Frontage Type Standards. This Section establishes the purpose and intent of the frontage type standards, the applicability of the standards, a description of each frontage type, and objective standards associated with each type.

6. Section 18.29.060: Civic Space Standards. This Section establishes the purpose and intent of the civic space standards, the applicability of the standards, a description of each civic space type, and objective standards associated with each type.

7. Section 18.29.070: Land Use Standards. This Section establishes the land uses permitted in each form-based zoning district and any applicable specific use standards.

8. Section 18.29.080: Standards Supplemental to Form-Based Zoning Districts. This Section provides any additional standards or requirements necessary to implement walkable areas, including additional standards for landscaping, outdoor lighting, open space, signs, and a cross-reference to parking and loading standards (See Chapter 18.72, Parking and Loading).

9. Section 18.29.090: Permits and Administration for Form-Based Zoning Districts. This Section establishes any additional or unique provisions necessary to administer the FBC.

10. Section 18.29.100: Definitions for Form-Based Zoning Districts. This Section provides any additional or unique definitions necessary to understand the standards and requirements of the FBC.

City of Morgan Hill
Ordinance No. 2348, New Series

Select the building type(s) from
the types allowed in the zoning
district
Select the civic space type(s), if
applicable, from the types allowed
in the zoning district, and apply the
standards to the building/site
Comply with the
standards specific to your use and
supplemental standards, if applicable
Comply with the standards in
the zoning district
See Sec. 18.29.030 Form-Based Zoning Districts
See Sec. 18.29.040 Building Type Standards

APPROVED
Submit
Engineering Plans
and/or Building
Permit Application
(or any other
applicable plans/
permits)
Reapply and submit
revised application
and fee
Find the Form-Based Zoning
District for your parcel See Regulating Plan

NOT APPROVED
1 2
4 5
6 7 7
Select the frontage type(s) from
the types allowed in the zoning
district
See Sec. 18.29.030 Form-Based Zoning Districts
See Sec. 18.29.050 Frontage Type Standards
3 See Sec. 18.29.030 Form-Based Zoning Districts
See Sec. 18.29.060 Civic Space Standards
See Sec. 18.29.070 Land Use Standards
See Sec. 18.29.080 Standards Supplemental to
Form-Based Zoning Districts
See Sec. 18.29.030 Form-Based Zoning Districts
Step
Reference
Figure 18.29-1 How to Use the Form-Based Code
August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-3

18.29.010.C How to Use the Form-Based Code
City of Morgan Hill
Ordinance No. 2348, New Series

This page intentionally left blank.
29-4 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-5

18.29.020 Purpose and Applicability of the Form-Based Code Subsections:

18.29.020.A Title

18.29.020.B Purpose

18.29.020.C Applicability

18.29.020.A Title
Chapter 18.29 (Form-Based Zoning Districts) of the Morgan Hill Municipal Code shall be known and may be cited as the Form-Based Code. Within this Chapter, it may also be known as the “FBC.”

18.29.020.B Purpose
The purpose of the FBC is to implement the General Plan, specifically the General Plan’s vision for the Corridor as a “vibrant mixed-use corridor that encourages walking and biking,” through standards for neighborhood design, building form, and land use. The specific purpose and intent of each zoning district is established in Section 18.29.030 (FormBased Zoning Districts).

18.29.020.C Applicability

1. This Chapter applies to all new uses and projects on land delineated in the Form-Based Code Regulating Plan map. This area may be known and referred to as the “FBC Area.”

2. If any provision within this Chapter conflicts with another chapter of the Zoning Code, the FBC shall control.

3. Where the FBC is silent or does not provide an explicit provision, the Zoning Code shall apply.

4. Any requirement of state law will supersede any provision of this Chapter.

City of Morgan Hill
Ordinance No. 2348, New Series

This page intentionally left blank.
29-6 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-7

18.29.030 Form-Based Zoning Districts
Subsections:

18.29.030.A Purpose and Intent

18.29.030.B Overview of Form-Based Zoning Districts

18.29.030.C Neighborhood Form-Based (FB-N) Zoning District

18.29.030.D Corridor Form-Based (FB-C) Zoning District

18.29.030.E Urban General Form-Based (FB-UG) Zoning District

18.29.030.A Purpose and Intent

1. General. The purpose of the form-based zoning districts is to provide for active, vibrant, and walkable destinations and neighborhoods in Morgan Hill with a diversity of residential and commercial land uses. The form-based zoning districts support a range of housing products, pedestrian-friendly public realm, and vertical and horizontal mixed-use projects. The diversity of pedestrian-friendly development, land uses, and general level of activity in the form-based zoning districts is intended to support a range or transportation choices, including walking, biking, and transit.

2. Specific. For specific intent statements, see each form-based zoning district established in this Section.

18.29.030.B Overview of Form-Based Zoning Districts
Table 18.29-1 provides an overview of each form-based zoning district.

Table 18.29-1 Summary Table of Form-Based Zoning Districts Zoning
District
Neighborhood Form-Based (FB-N) Corridor Form-Based (FB-C) Urban General Form-Based (FB-UG) Desired
Form
Medium setbacks Buildings placed at or near ROW Small to large setbacks Neighborhood character Mixed-use, walkable character Mixed-use, walkable urban character Heights up to 35 ft. Heights up to 45 ft. Heights up to 55 ft.

Compatible with neighborhood context Diverse mix of building frontages Diverse mix of building frontages General
Use
Residential with both detached and
attached dwellings that offer a variety of
housing options in a range of densities
close to neighborhood-serving commercial
uses.

Primarily ground floor commercial or
service uses with a mix of commercial,
residential, service, and/or office uses on
upper stories.

Primarily business-oriented with a variety
of supporting uses, including high-intensity
residential projects.

Intent A variety of housing opportunities that are
accessible to range of income levels in a
walkable environment with neighborhoodserving retail and services.

Variable intensities of infill and
redevelopment with a mix of walkable
uses, such as retail, service, and
commercial, that are sensitive to the scale
and character of the area.

Mixed-use commercial and residential
hubs with a variety of uses and clustered
job opportunity centers. Accessible
corridors and streets with internal block
patterns and an improved pedestrian
experience transitioning from an autocentric environment to a walkable environment.

Subsection 18.29.030.C 18.29.030.D 18.29.030.E
City of Morgan Hill
Ordinance No. 2348, New Series

29-8 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.030.C Neighborhood Form-Based (FB-N) Zoning District Note: image is illustrative, not regulatory.

1. Intent
The purpose of the Neighborhood Form-Based (FB-N) zoning district is to accommodate a variety of housing opportunities that are accessible to a range of income levels in a walkable environment with neighborhood-serving retail and services.

2. Lot Requirements
Dimension Standard
a. Area 5,000 s.f. min.
b. Width 50 ft. min.
c. Depth 100 ft. min.

3. Building Placement
a. Building Setback
(i). Front 5 ft. min., 15 ft. max.
(ii). Interior Side 5 ft. min.
(iii). Street Side 5 ft. min., 15 ft. max.
(iv). Rear 15 ft. min.
b. Build-to-Zone
(i). Front 70% min. within setback range
(ii). Street Side 30% min. within setback range

4. Permitted Building Types
House
Accessory Dwelling Unit
Duplex/Duet
Multiplex Small
Bungalow Court
Townhouse
A
B
D
C
Key for Diagrams
Lot Line Building Setback Line
Principal Building
B
Accessory Building
E
F
Front
C
B
Street Side
D
F
E
A
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-9 K
J L
I
Front
Alley
Street Side
Building Form/Height
G
H

5. Building Form
a. Projections
(i). Front 5 ft. max.
(ii). Interior Side 3 ft. max.
(iii). Street Side 5 ft. max.
(iv). Rear 3 ft. max.
b. Height Limit
35 ft. max. 1
c. Building Coverage
75% max.

Note:

1. 40 ft. allowed for vertical mixed-use.

6. Permitted Frontage Types
Front Yard
Porch, Engaged
Porch, Projecting
Stoop

7. Parking Placement
Setback Standard
a. Front 30 ft. min.
b. Interior Side 5 ft min.
c. Street Side 10 ft min.
d. Rear 0 ft min.

8. Permitted Civic Space Types
Passage
Pocket Park/Plaza

9. Supplemental Standards
a. See Section 18.29.040 (Building Type Standards) for building type standards.
b. See Section 18.29.050 (Frontage Type Standards) for frontage type standards.
c. See Section 18.29.060 (Civic Space Standards) for civic space type standards.
d. See Section 18.29.080 (Standards Supplemental to FormBased Zoning Districts) for supplemental standards. e. See Section 18.56.020 (Height Exceptions) for allowed projections above height limits.
f. See Chapter 18.84 (Accessory Dwelling Units) for accessory dwelling unit standards.
g. See Section 18.92.130 (Residential Transition Standards) for residential transition standards.
h. See Chapter 18.44 (Accessory Structures and Uses) for standards for accessory structures.

Key for Diagrams
Lot Line Building Setback Line
Parking Area
H
G
K
J
L
I
City of Morgan Hill
Ordinance No. 2348, New Series

29-10 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Front
Street Side
B
D

18.29.030.D Corridor Form-Based (FB-C) Zoning District
Note: image is illustrative, not regulatory.

1. Intent
The purpose of the Corridor Form-Based (FB-C) zoning district is to accommodate variable intensities of infill and redevelopment with a mix of walkable uses, such as retail, service, and commercial, that are sensitive to the scale and character of the area.

2. Lot Requirements
Dimension Standard
a. Area 6,000 s.f. min.
b. Width 60 ft. min.
c. Depth 100 ft. min.

3. Building Placement
a. Building Setback
(i). Front 0 ft. min., 15 ft. max.
(ii). Interior Side 0 ft. min.
(iii). Street Side 0 ft. min., 15 ft. max.
(iv). Rear 10 ft. min.
b. Build-to-Zone
(i). Front 80% min. within setback range
(ii). Street Side 40% min. within setback range

4. Permitted Building Types
Accessory Dwelling Unit
Duplex/Duet
Multiplex Small
Multiplex Large
Townhouse
Courtyard Building
Main Street Building
Liner Building
A
B
D
C
Key for Diagrams
Lot Line Building Setback Line
Principal Building
B
Accessory Building
E
F
A
F
E
Rear
C
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-11 Front
Alley
Street Side
J
L
J
K
M L

5. Building Form
a. Projections
(i). Front 5 ft. max.
(ii). Interior Side 3 ft. max.
(iii). Street Side 5 ft. max.
(iv). Rear 3 ft. max.
b. Height Limit
45 ft. max.
c. Upper Story Stepback
8 ft. min. required for third story or higher
d. Building Coverage
75% max.

6. Permitted Frontage Types
Forecourt
Porch, Engaged
Porch, Projecting
Shopfront
Stoop
Terrace

7. Parking Placement
Setback Standard
a. Front 40 ft. min.
b. Interior Side 0 ft min.
c. Street Side 10 ft min.
d. Rear 0 ft min.

8. Permitted Civic Space Types
Passage
Pocket Park/Plaza
Plaza

9. Supplemental Standards
a. See Section 18.29.040 (Building Type Standards) for building type standards.
b. See Section 18.29.050 (Frontage Type Standards) for frontage type standards.
c. See Section 18.29.060 (Civic Space Standards) for civic space type standards.
d. See Section 18.29.080 (Standards Supplemental to FormBased Zoning Districts) for supplemental standards. e. See Section 18.56.020 (Height Exceptions) for allowed projections above height limits.
f. See Chapter 18.84 (Accessory Dwelling Units) for accessory dwelling unit standards.
g. See Section 18.92.130 (Residential Transition Standards) for residential transition standards.
h. See Chapter 18.44 (Accessory Structures and Uses) for standards for accessory structures.

Key for Diagrams
Lot Line Building Setback Line
Parking Area
H
G K
J
L
M
I
H
I
G
City of Morgan Hill
Ordinance No. 2348, New Series

29-12 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Front
Street Side
B
D

18.29.030.E Urban General Form-Based (FB-UG) Zoning District Note: image is illustrative, not regulatory.

1. Intent
The purpose of the Urban General Form-Based (FB-UG) zoning district is to accommodate mixed-use commercial and residential hubs with a variety of uses, clustered job opportunity centers, and vehicular accessible corridors with internal block patterns and an improved pedestrian experience transitioning from an auto-centric environment to a walkable environment.

2. Lot Requirements
Dimension Standard
a. Area 10,000 s.f. min.
b. Width 100 ft. min.
c. Depth 100 ft. min.

3. Building Placement
a. Building Setback
(i). Front 5 ft. min., 25 ft. max.
(ii). Interior Side 0 ft. min.
(iii). Street Side 0 ft. min., 25 ft. max.
(iv). Rear 20 ft. min.
b. Build-to-Zone
(i). Front 65% min. within setback range
(ii). Street Side 25% min. within setback range

4. Permitted Building Types
Accessory Dwelling Unit
Multiplex Large
Courtyard Building
Main Street Building
Liner Building
A
B
D
C
Key for Diagrams
Lot Line Building Setback Line
Principal Building
B
Accessory Building
E
F
A
E
F
C
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-13 H
Front
Alley
Street Side
J
L
J
K
M L

5. Building Form
a. Projections
(i). Front 5 ft. max.
(ii). Interior Side 3 ft. max.
(iii). Street Side 5 ft. max.
(iv). Rear 3 ft. max.
b. Height Limit
55 ft. max.
c. Ground Floor Ceiling Height
14 ft. min. 18 ft. max.
d. Upper Story Stepback
8 ft. min. required for third story or higher
e. Building Coverage
80% max.

6. Permitted Frontage Types
Forecourt
Shopfront
Stoop
Terrace

7. Parking Placement
Setback Standard
a. Front 40 ft. min.
b. Interior Side 0 ft min.
c. Street Side 10 ft min.
d. Rear 0 ft min.

8. Permitted Civic Space Types
Passage
Pocket Park/Plaza
Plaza

9. Supplemental Standards
a. See Section 18.29.040 (Building Type Standards) for building type standards.
b. See Section 18.29.050 (Frontage Type Standards) for frontage type standards.
c. See Section 18.29.060 (Civic Space Standards) for civic space type standards.
d. See Section 18.29.080 (Standards Supplemental to FormBased Zoning Districts) for supplemental standards. e. See Section 18.56.020 (Height Exceptions) for allowed projections above height limits.
f. See Chapter 18.84 (Accessory Dwelling Units) for accessory dwelling unit standards.
g. See Section 18.92.130 (Residential Transition Standards) for residential transition standards.
h. See Chapter 18.44 (Accessory Structures and Uses) for standards for accessory structures.

Key for Diagrams
Lot Line Building Setback Line
Parking Area
H
G K
J
L
M
J
J
G
I
I
City of Morgan Hill
Ordinance No. 2348, New Series

This page intentionally left blank.
29-14 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-15

18.29.040 Building Type Standards
Subsections:

18.29.040.A Purpose and Intent

18.29.040.B Applicability

18.29.040.C House

18.29.040.D Accessory Dwelling Unit

18.29.040.E Duplex/Duet

18.29.040.F Multiplex Small

18.29.040.G Multiplex Large

18.29.040.H Bungalow Court

18.29.040.I Townhouse

18.29.040.J Courtyard Building

18.29.040.K Main Street Building

18.29.040.L Liner Building

18.29.040.A Purpose and Intent
The purpose of this Section is to establish standards for all building types within the form-based zoning districts.

The standards in this Section supplement the standards in Section 18.29.030 (Form-Based Zoning Districts) and are intended to provide a range of housing and development options that reinforce the character and scale of Morgan Hill’s history and small-town development pattern.

18.29.040.B Applicability

1. This Section applies to all proposed projects within the form-based zoning districts. All new projects in the formbased zoning districts must apply at least one of the building types in this Section and be consistent with the identified building type standards and the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)). The building types support a variety of uses, as allowed in the zoning district (e.g., the “house” building type may include residential uses, eating and drinking uses, professional offices, or others if allowed in the zoning district) (see Section 18.29.070 (Land Use Standards)).

2. Building types not indicated as “permitted” in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)) are not permitted in the zoning district.

3. If an applicant proposes multiple principal buildings on a single lot, the proposal must include potential lot lines in order to determine compliance with this Section.

4. The development of transportation, communications, and/or infrastructure facilities is exempt from this Section.

City of Morgan Hill
Ordinance No. 2348, New Series

29-16 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Key for Diagram
Lot Line Frontage
Primary Building Type Accessory Building
B
A
D
C
E
Front
Street Side

18.29.040.C House
Note: image is illustrative, not regulatory.

1. Description
A detached building with 1 unit, shallow setbacks, a rear yard, and located within a low intensity walkable neighborhood.

2. Building Size and Massing
a. Height

2.5 stories max.
b. Main Body
Width 45 ft. max.

Depth 45 ft. max.
c. Secondary Wing
Width 20 ft. max.

Depth 20 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Private Open Space (per unit)
Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

A
B
C
D
E
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-17 Key for Diagram
Lot Line
Accessory Building Type Primary Building
B
A
Front

18.29.040.D Accessory Dwelling Unit
Note: image is illustrative, not regulatory.

1. Description
An accessory structure usually located at the rear of a lot that provides a unit; may be located above the garage.

2. Building Size and Massing
a. Height
2 stories max.
b. Main Body
Width 36 ft. max.

Depth 30 ft. max.

3. Pedestrian Access
Primary Entrance Street Side Setback, Alley, or
Internal to Lot

4. Miscellaneous
Accessory dwelling units are permitted consistent with Section 18.29.070 (Land Use Standards) and Chapter 18.84 (Accessory Dwelling Units).

A
B
C
City of Morgan Hill
Ordinance No. 2348, New Series

29-18 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type Accessory Building
B
A
D
C
E
Front
Street Side

18.29.040.E Duplex/Duet

1. Description
A detached building consisting of 2 side-by-side or stacked units with shallow setbacks. For side-by-side units, both face the street with separate entrances; for stacked units, both are accessible via a single entrance or separate entrances that face the street. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing
a. Height
35 ft. max.
b. Main Body
Width 48 ft. max.

Depth 40 ft. max.
c. Secondary Wing
Width 20 ft. max.

Depth 24 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Private Open Space (per unit)
Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

A
B
C
D
E
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-19 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
B
A
D
C
E
Front
Street Side

18.29.040.F Multiplex Small

1. Description
A detached building that consists of 3 to 6 side-by-side and/or stacked units, with one shared entry or individual entries along the front. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing
a. Height
35 ft. max.
b. Main Body 1
Width 45 ft. max.

Depth 45 ft. max.
c. Secondary Wing
Width 20 ft. max.

Depth 30 ft. max.

Note:

1. May be exempt from the build-to-zone requirement established in the form-based zoning district if the maximum width and depth preclude the ability to meet the percentage required.

3. Pedestrian Access
Primary Entrance Front Setback

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D
E
City of Morgan Hill
Ordinance No. 2348, New Series

29-20 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
B
A
D
C
E
Street Side

18.29.040.G Multiplex Large

1. Description
A detached building that consists of 7 to 12 side-by-side and/or stacked units, usually with one shared entry. This type is scaled to fit within medium intensity walkable neighborhoods.

2. Building Size and Massing
a. Height
45 ft. max.
b. Main Body
Width 60 ft. max.

Depth 60 ft. max.
c. Secondary Wing
Width 24 ft. max.

Depth 40 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D
E
Front
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-21 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
A
A
A
B
B
B
A
A
A
B
B
B
A
B
C
C
C C
C
C
C
D
E
F
Front
Street Side

18.29.040.H Bungalow Court

1. Description
A group of detached buildings (3 to 9 separate units) arranged to define a shared courtyard that is generally perpendicular to the street. The shared courtyard is common open space and replaces the need for private rear yards. This type is scaled to fit within low and medium intensity walkable neighborhoods.

2. Building Size and Massing 1
a. Height

1.5 stories max.
b. Main Body 1
Width 32 ft. max.

Depth 24 ft. max.

Note:

1. May be exempt from the build-to-zone requirement established in the form-based zoning district if the maximum width and depth preclude the ability to meet the percentage required.

3. Pedestrian Access
Primary Entrance Shared Courtyard
Shared Courtyard Accessible from Front Setback/Street
Pedestrian connections shall link all buildings to the shared courtyard, parking area(s), and public right-of-way.

4. Common Open Space/Courtyard
Width 20 ft. min.

Depth 3-4 units: 75 ft. min.; 5-9 units: 90 ft. min.

Private open space is not required.

A
B
C
D
E
F
City of Morgan Hill
Ordinance No. 2348, New Series

29-22 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Key for Diagram
Lot Line Frontage
Primary Building Type Accessory Building
Note: image is illustrative, not regulatory.

B

A A A A
D
C

E E E E
Front
Street Side

18.29.040.I Townhouse

1. Description
An attached building that consists of 3 to 10 units placed side-by-side with individual entries along the front. This type has a rear yard and is located within medium and high intensity walkable neighborhoods, or on or near a neighborhood main street.

2. Building Size and Massing
a. Height

3.5 stories max.
b. Main Body
Width 18 ft. min.; 36 ft. max. (per unit)
Depth 50 ft. max.
c. Secondary Wing
Width 14 ft. max.

Depth 25 ft. max.

3. Pedestrian Access
Primary Entrance Front Setback

4. Private Open Space (per unit)
Private open space is required per Subsection 18.29.080.D (Open Space Standards). Common open space is not required.

A
B
C
D
E
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-23 Key for Diagram
Lot Line Frontage
Primary Building Type
B
A
C C
C
D
E
F
Note: image is illustrative, not regulatory.

Front
Street Side

18.29.040.J Courtyard Building

1. Description
A building comprised of multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared courtyard is common open space and replaces the need for private rear yards. This type is frequently integrated into medium and high intensity walkable neighborhoods and can be applied in non-residential contexts.

2. Building Size and Massing
a. Height
45 ft. max.
b. Main Body
Width 100 ft. max.

Depth 100 ft. max.

3. Pedestrian Access
Primary Entrance Shared Courtyard and/or Front
Setback/Street
Shared Courtyard Front Setback/Street

4. Common Open Space/Courtyard
Width 20 ft. min.; 50 ft. max.

Depth 20 ft. min.; 100 ft. max.

Private open space is not required.

A
B
C
D
E
F
City of Morgan Hill
Ordinance No. 2348, New Series

29-24 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
B
A

D C C C C
D
D
Front
Street Side

18.29.040.K Main Street Building

1. Description
An attached building intended to provide a vertical mix of uses with ground floor retail, office, or service uses with individual entries, and upper floor office, service, or residential uses with one or more shared entries. This type is the primary component of main street building form.

2. Building Size and Massing
a. Height
55 ft. max.
b. Main Body
Width 200 ft. max.

Depth 120 ft. max.

3. Pedestrian Access
Primary Entrance, Ground
Floor Spaces/Units
Front Setback/Street
Primary Entrance, Upper
Floor Spaces/Units
Front Setback, Street Side
Setback, Street, or Alley

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-25 Note: image is illustrative, not regulatory.

Key for Diagram
Lot Line Frontage
Primary Building Type
A

G F F F F
G
G
Front
Street Side
B C
E
D

18.29.040.L Liner Building

1. Description
A building in which the interior building is wrapped or lined by an exterior building. The interior building is usually a parking structure or large retail/ entertainment space while the exterior building is intended for retail, service, office, or residential space. This type is a component of main street building form.

2. Building Size and Massing
a. Height
55 ft. max.
b. Exterior Building
Length 400 ft. max.

Width 300 ft. max.

Depth 50 ft. max.
b. Interior Building
Width 180 ft. max.

Depth 230 ft. max.

3. Pedestrian Access
Primary Entrance, Ground
Floor Spaces/Units
Front Setback/Street
Primary Entrance, Upper
Floor Spaces/Units
Front Setback, Street Side
Setback, Street, or Alley

4. Common Open Space
Common open space is required per Subsection 18.29.080.D (Open Space Standards). Private open space is not required.

A
B
C
D
E
F
G
City of Morgan Hill
Ordinance No. 2348, New Series

This page intentionally left blank.
29-26 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-27

18.29.050 Frontage Type Standards
Subsections:

18.29.050.A Purpose and Intent

18.29.050.B Applicability

18.29.050.C Forecourt

18.29.050.D Front Yard

18.29.050.E Porch, Engaged

18.29.050.F Porch, Projecting

18.29.050.G Shopfront

18.29.050.H Stoop

18.29.050.I Terrace

18.29.050.A Purpose and Intent
The purpose of this Section is to establish standards for all frontage types within the form-based zoning districts.

Private frontages are the components of a building that provide an important transition and relationship between the public realm and private development. The standards in this Section supplement the standards in Section 18.29.030 (Form-Based Zoning Districts) and are intended to ensure that development reinforces the character and scale of Morgan Hill’s history and small-town development pattern.

18.29.050.B Applicability

1. This Section applies to all proposed projects within the form-based zoning districts. The standards in this Section must be considered in combination with the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)).

2. Frontage types not indicated as “permitted” in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)) are not permitted in the zoning district.

3. Every new project and/or structure in the form-based zoning districts must provide at least one frontage type for each street frontage.

4. The development of transportation, communications, and/or infrastructure facilities is exempt from this Section.

City of Morgan Hill
Ordinance No. 2348, New Series

29-28 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.C Forecourt
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is at or near the right-of-way and a portion (usually the central portion) is set back, creating a courtyard space. The space is commonly used as an entry court, shared garden area, or additional shopping or restaurant seating area.

2. Size
Width 15 ft. min.

Depth 15 ft. min.

Ratio, Width-to-Height 2:1 max.

Transparency, Ground
Floor
70% min.

Transparency, Upper
Floors
30% min.

3. Miscellaneous
May be used in conjunction with another permitted frontage type (e.g., shopfront).

A
B
Key for Diagrams
Lot Line Setback Line
Grade Building
A
B
B
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-29

18.29.050.D Front Yard
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building has a landscaped area between the building and the right-of-way providing separation from the street. The front yard is visually continuous with adjacent yards and supports landscape in conjunction with other private frontages.

2. Size
Width 12 ft. min.

Depth 10 ft. min.

Height, Fences or Walls 1 3 ft max.

3. Miscellaneous
Must be used in conjunction with another permitted frontage type (e.g., porch).

Must be landscaped to the property line.

Note:

1. Fences or walls must comply with Chapter 18.52 (Fences and Walls).

A
B
Key for Diagrams
Lot Line Setback Line
Grade Building
B
B
A
City of Morgan Hill
Ordinance No. 2348, New Series

29-30 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.E Porch, Engaged
Key for Diagrams
Lot Line Setback Line
Grade Building
C
D
B
A B
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is set back from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-ofway. The engaged porch has two adjacent sides attached to the building while the other two sides are open.

2. Size
Width 50% min., 80% max. of building
width
Depth 5 ft. min.

Height, Clear 8 ft. min., 14 ft. max.

Finish Level Above
Sidewalk

1.5 ft. min., 6 ft. max.

3. Miscellaneous
Must be open on two sides and have a roof.

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damagee Prevention).

A
B
C
D
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-31

18.29.050.F Porch, Projecting
Key for Diagrams
Lot Line Setback Line
Grade Building
C
D
B
A B
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is set back from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-ofway. The projecting porch is open on three sides and projects in front of the primary building wall.

2. Size
Width 70% min. of building width
Depth 5 ft. min.

Height, Clear 8 ft. min., 14 ft. max.

Finish Level Above
Sidewalk

1.5 ft. min., 6 ft. max.

3. Miscellaneous
Must be open on three sides and have a roof.

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damagee Prevention).

A
B
C
D
City of Morgan Hill
Ordinance No. 2348, New Series

29-32 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.G Shopfront
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is placed at or near the right-of-way with an at-grade entrance along the sidewalk. The shopfront is generally intended for retail or service uses and has substantial glazing at the ground floor level.

2. Size
Entry Recess 5 ft. max.

Transparency, Ground Floor 75% min.

3. Projection 1
Depth 4 ft. min.

Setback from Curb 2 ft. min.

Height 8 ft. min.

4. Miscellaneous
May be used in conjunction with another permitted frontage type (e.g., terrace).

Note:

1. May project over the sidewalk subject to approval of an Encroachment Permit.

A
B
C
D
Key for Diagrams
Lot Line Setback Line
Grade Building
A
B
C
D
A
C
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-33

18.29.050.H Stoop
Key for Diagrams
Lot Line Setback Line
Grade Building
B
C
A B
Note: image is illustrative, not regulatory.

1. Description
The main facade of the building is near the right-of-way and the stoop engages the sidewalk. The stoop is elevated above the sidewalk, and the entrance is usually an exterior stair and landing.

2. Size
Width 4 ft. min., 8 ft. max.

Depth 4 ft. min., 8 ft. max.

Finish Level Above Sidewalk 1 1.5 ft. min., 3 ft. max.

3. Miscellaneous
Stairs may be perpendicular or parallel to the building facade.

Entry doors must be covered or recessed.

Gates are not permitted.

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

A
B
C
City of Morgan Hill
Ordinance No. 2348, New Series

29-34 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.050.I Terrace

1. Description
The main facade of the building has an elevated terrace that projects outward and engages the sidewalk with frequent stairs. The terrace allows at-grade access to all ground floor uses due to natural grade constraints or by artificially elevating the terrace floor. The terrace acts as a buffer from the sidewalk and may be landscaped to provide additional privacy.

Building activities are slightly separated from the adjacent sidewalk by the terrace finish level, and the depth of the terrace provides space for outdoor seating, private yards, or any other appropriate uses.

2. Size
Length 120 ft. max
Depth 8 ft. min.

Finish Level Above Sidewalk 1 1.5 ft. min., 5 ft. max.

Distance Between Stairs 25 ft. max.

Wall Setback from Right-of-Way 5 ft. min

3. Miscellaneous
May be used in conjunction with another permitted frontage type (e.g., shopfront).

Reasonable accommodation must be provided consistent with Chapter

18.118 (Reasonable Accommodations).

Note:

1. May be increased by max. 50% to meet the base flood elevation plus 1-foot consistent with Chapter 15.80 (Flood Damage Prevention).

A
B
C
D
E
Key for Diagrams
Lot Line Setback Line
Grade Building
C
E
A
B
D
E
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-35

18.29.060 Civic Space Standards
Subsections:

18.29.060.A Purpose and Intent

18.29.060.B Applicability

18.29.060.C Passage

18.29.060.D Pocket Park/Plaza

18.29.060.E Plaza

18.29.060.A Purpose and Intent
The purpose of this Section is to establish standards for all civic space types within the form-based zoning districts.

The standards in this Section are intended to ensure that publicly accessible civic space is provided to reinforce walkable environments within Morgan Hill.

18.29.060.B Applicability

1. The standards in this Section apply to all projects within the form-based zoning districts that meet the following criteria.
a. All residential projects including 20 or more units must provide one civic space type. b. All non-residential or mixed-use projects including two or more structures, or over 10,000 square feet of building space must provide one civic space type.
c. All projects greater than two acres in total site area must provide a passage and pocket park, or a plaza.

2. The standards in this Section must be considered in combination with the standards in the applicable zoning district (see Section 18.29.030 (Form-Based Zoning Districts)).

3. Civic space types not indicated as “permitted” in the applicable zoning district (see Section 18.29.030 (FormBased Zoning Districts)) are not permitted in the zoning district.

City of Morgan Hill
Ordinance No. 2348, New Series

29-36 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.060.C Passage
Note: image is illustrative, not regulatory.

1. Description
An informal or formal gathering space that serves as a pedestrian connector between other gathering places, streets, and/or parking areas. Passages are hardscaped and located near the middle of a block, providing a pedestrian connection through a block. Passages may be linear or L-shaped. Passages provide additional frontage opportunities for retail and/or residential uses along edges.

2. Size
Width 15 ft. min
Length 30 ft. min.

3. Miscellaneous
Access Must access the public right-of-way and/or
internal alleys or sidewalks on 2 sides.

Required Amenities Seating, potted plants, planters: Min. 1 each per 250 s.f.

City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-37

18.29.060.D Pocket Park/Plaza
Note: image is illustrative, not regulatory.

1. Description
A small-scale landscaped or hardscaped open space designed to provide opportunities for neighborhood gathering and/or passive recreation, generally for those who live within walking distance. Pocket parks/plazas are usually accessible from the public right-of-way, but clearly delineated as a separate space.

2. Size
Area 500 s.f. min., 0.25 ac. max.

Width 20 ft. min.

Length 20 ft. min.

3. Miscellaneous
Frontage Must have building frontages on at least 2
sides
Required Amenities Seating, potted plants, planters: Min. 1 each per 250 s.f.

Bicycle Parking: Min. 4 short-term spaces
City of Morgan Hill
Ordinance No. 2348, New Series

29-38 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.060.E Plaza
Note: image is illustrative, not regulatory.

1. Description
A space available for civic purposes and commercial activities intended to add to the activity and vibrancy of streets and neighborhoods. Plazas are formal spaces with interior green spaces and defined edges made primarily of hardscape materials.

2. Size
Area 0.25 ac. min.; 0.5 ac. max.

Width 60 ft. min.

Length 60 ft. min.

3. Miscellaneous
Frontage Must have building frontages on at least 2
sides
Required Amenities Seating, potted plants, planters: Min. 1 each per 250 s.f.

Bicycle Parking: Min. 6 short-term spaces
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-39

18.29.070 Land Use Standards
Subsections:

18.29.070.A Purpose and Applicability

18.29.070.B Permitted Land Uses

18.29.070.C Specific Use Standards

18.29.070.A Purpose and Applicability

1. This Section establishes the land uses permitted in each form-based zoning district and any specific use standards necessary to implement walkable areas. Where appropriate, land uses may cross-reference to applicable standards in Chapter 18.92 (Supplemental Standards).

2. Land uses are defined in Chapter 18.124 (Land Use Definitions). If a land use requires a distinct and different definition in the form-based zoning districts, the definition established in Section 18.29.100 (Definitions for FormBased Zoning Districts) applies.

18.29.070.B Permitted Land Uses

1. Table 18.29-2 (Permitted Land Uses in the Form-Based Zoning Districts), identifies the land uses permitted in the form-based zoning districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Code or other applicable regulations. a. “P” designates uses permitted by right in the zoning district and is not subject to discretionary review and approval.
b. “A” designates uses that are permitted after review and approval of an Administrative Use Permit. c. “C” designates uses that are permitted after review and approval of a Conditional Use Permit. d. “-“ designates uses that are not permitted.

2. A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

City of Morgan Hill
Ordinance No. 2348, New Series

29-40 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-2 Permitted Land Uses in the Form-Based Zoning Districts Land Use Permit Required by Zone Additional Regulations FB-N FB-C FB-UG Residential Uses
Accessory Dwelling Unit (ADU) P P P See Chapter 18.84
Duplex/Duet P P P See Subsection 18.29.100.D
Group Housing P P P
Live/Work Unit P P P
Mixed-Use Residential P P P
Multi-Family Dwellings P P P See Subsection 18.29.070.C.3 Nursing Homes and Long-Term Care C C C
Residential Care Facilities P P P
Residential Care Facilities, Small P P P
Senior Housing, Independent Living P P P
Single-Family Attached Dwelling P P P
Single-Family Detached Dwelling P - -
Public and Quasi-Public Uses
College and Trade Schools C P P
Community Assembly C C C
Cultural Institutions A A A
Day Care Centers C C C
Emergency Shelters C C C See Section 18.92.050
Government Offices A A A
Home Day Care, Large P P P
Home Day Care, Small P P P
Hospitals - C C
Instructional Services A P P
Medical Offices and Clinics A P P
Park and Recreational Facilities P P P
Public Safety Facilities C C C
Schools, Public and Private C C C
Social Services C C C
Commercial Uses
Veterinarian Clinics and Hospitals C C C
Banks and Financial Institutions P P P
Business Support Services P P P
Cinemas and Theaters A A P
Commercial Recreation, Indoor
≤ 15,000 sq. ft. A P P
> 15,000 sq. ft. A A A
P = Permitted Use
A = Administrative Use Permit required (See Section 18.108.020 (Administrative Use Permits)) C = Conditional Use Permit required (See Section 18.108.030 (Conditional Use Permits)) T = Temporary Use Permit required (See Chapter 18.108.090 (Temporary Use Permits)) - = Use not permitted
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-41 Table 18.29-2 Permitted Land Uses in the Form-Based Zoning Districts Land Use Permit Required by Zone Additional Regulations FB-N FB-C FB-UG Drive- Through Facilities - C C See Subsection 18.29.070.C.2 Eating and Drinking Uses
Bars and Nightclubs - C C
Restaurant, Fast Food C P P
Restaurant, Sit Down P P P
Tasting Rooms A P P
Farmers Markets A A A
Lodging Facilities
Bed and Breakfast P P P
Hotels and Motels C C C
Personal Services A P P
Professional Offices A P P
Retail
Convenience Market A P P See Section 18.92.030
General Retail A P P
Vehicle-Related Uses
Fuel and Service Station - - C
Vehicle Rentals - - C
Vehicle Washing - - C
Industrial Uses
Food and Beverage Production
< 5,000 sq. ft. 1 - P P
5,000 sq. ft. to 10,000 sq. ft. 1 - C C
Transportation, Communication, and Utility Uses
Parking Lots or Structures 2 C C C
Recycling Facilities
Reverse Vending Machines - C C
Transportation Terminals - - -
Wireless Communication Facilities See Chapter 18.96
Other Uses
Accessory Use(s) See Chapter 18.44
Home Occupations See Section 18.92.060
Temporary Use(s) See Section 18.92.150
Urban Agriculture
Community Garden A A A
Home Gardens P P P
Urban Farm C C C
Notes:

1. On-site wholesale or retail sales required.

2. When proposed as a primary use.

City of Morgan Hill
Ordinance No. 2348, New Series

29-42 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.070.C Specific Use Standards

1. Purpose and Applicability
a. This Subsection provides site planning, development, and operating standards for certain land uses where permitted in compliance with Subsection 18.29.070.B (Permitted Land Uses) if necessary to meet the intent of the form-based zoning districts.
b. This Subsection applies to all land uses and development within the form-based zoning districts. If a land use is not specified below, the standards in Chapter 18.92 (Supplemental Standards) apply. If a land use is specified below, the standards in this Subsection supersede any requirements in Chapter 18.92 unless otherwise described below. If a conflict exists between a provision in this Subsection and any other chapter of the Code, the most restrictive provision applies.
c. Parking for all land uses shall comply with Subsection 18.29.080.E (Parking and Loading Standards). d. Signage for all land uses shall comply with Subsection 18.29.080.F (Sign Standards).

2. Drive-Through Facilities
a. Design Objectives. A drive-through facility shall only be permitted if the Planning Commission determines that the design and operation will accommodate pedestrian connections, avoid congestion, and excessive pavement.
b. Location Limitations.
(i) A drive-through facility shall only be located along a building facade away from a street frontage. (ii) The drive aisle shall not be located between the property line and front of building. (iii) The stacking area shall not be located adjacent and parallel to streets or public rights-of-way. c. Visual Buffer. The drive aisle shall be screened from streets or public rights-of-way with landscaping or walls and berms.
d. Drive-Through Lane Capacity. See Subsection 18.92.040.B. e. Drive-Through Lane Separation. See Subsection 18.92.040.C. f. Pedestrian Access. See Subsection 18.92.040.D.
g. Drive-Through Lane Setback from Intersection. See Subsection 18.92.040.E.

3. Multi-Family Dwellings. Walkways in multi-family dwelling developments shall be provided to connect units to recreational and other internal facilities as well as the other residential units and nearby public streets.

City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-43

18.29.080 Standards Supplemental to Form-Based Zoning Districts Subsections:

18.29.080.A Purpose and Applicability

18.29.080.B Landscaping Standards

18.29.080.C Outdoor Lighting Standards

18.29.080.D Open Space Standards

18.29.080.E Parking and Loading Standards

18.29.080.F Sign Standards

18.29.080.A Purpose and Applicability
This Section provides standards that are supplemental to the regulations of each form-based zoning district, and are specific to particular aspects of development, such as landscaping, parking, outdoor lighting, and signage. These standards are intended to promote projects that complement the character of Morgan Hill while meeting the intent of the form-based zoning districts.

18.29.080.B Landscaping Standards

1. This Subsection provides standards that complement infill development, walkable areas, and built environments that frame the public right-of-way with parking located to the side and rear of structures. Unless otherwise described below, Chapter 18.64 (Landscaping) shall apply.

2. This Subsection applies to the following:
a. Structures that are located 10 feet or fewer from the back of sidewalk; or b. Structures that are located on the property line.

3. Public amenities (e.g., seating), structural shade elements, public art, or potted plants are required in the available space between the back of sidewalk and the structure.

4. Alternative paving materials (e.g., permeable paving, porous concrete, brick pavers) are permitted in areas between the back of sidewalk and the structure.

5. The Director may accept alternative design solutions consistent with Section 18.29.060 (Civic Space Standards).

City of Morgan Hill
Ordinance No. 2348, New Series

29-44 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.080.C Outdoor Lighting Standards

1. Exterior lighting and parking lot lighting shall be provided, erected and maintained so any light is a fully-shielded light fixture and will not cast direct light or glare upon adjacent properties or public rights-of-way.

2. A parking area with six or more parking spaces shall include outdoor lighting that provides a minimum illumination of 1.0 foot-candles over the entire parking area.

3. All outdoor lighting along walkways, open space and recreation areas shall be pedestrian-scaled, fully shielded fixtures with a minimum illumination of 1.0 foot-candles.

4. The following types of outdoor lighting are prohibited:
a. Unshielded Light Fixtures.
b. Search lights, laser lights, or similar high intensity light, except as necessary for official emergency services. c. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination.
d. Lighting that results in glare to motor vehicles on public rights-of-way.

18.29.080.D Open Space Standards

1. Applicability. Common and private open space is required for the building types specified in Section 18.29.040 (Building Type Standards). Standards and requirements for each type of open space are established below.

2. Common Open Space. All building types subject to common open space requirements must comply with the following provisions, unless otherwise indicated in Section 18.29.040 (Building Type Standards). a. Minimum Area: 15 percent of the site. The area requirement may be met by providing a civic space type (see Section 18.29.060 (Civic Space Standards)), roof terrace, or roof garden, as approved by the Planning Commission.
b. Minimum Horizontal Dimension: 15 feet.
c. Usability. Common open space shall be accessible to all on-site residents. If the area requirement is met using a civic space type, the open space shall be publicly accessible.

3. Private Open Space. All building types subject to private open space requirements must comply with the following provisions.
a. Minimum Area: 100 square feet per unit. The area requirement may be met by providing a patio, deck, balcony, roof terrace, or other similar space.
b. Minimum Horizontal Dimension: 12 feet.

18.29.080.E Parking and Loading Standards
Parking and Loading Standards are provided in Chapter 18.72 (Parking and Loading) in the Zoning Code.

City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-45

18.29.080.F Sign Standards

1. Purpose. This Subsection establishes standards related to the type, size, height, placement, number, and design of signs in the form-based zoning districts. The standards are intended to promote well-designed signs that reflect the intent of the form-based zoning districts.

2. Signs Allowed Subject to a Sign Permit. All sign types in this Subsection are permitted in the form-based zoning districts, subject to a sign permit, except as provided in Subsection 18.29.080.F.3.

3. Signs Allowed Without a Sign Permit. Window signs are allowed without a sign permit consistent with the standards in this Subsection. See Section 18.88.040 (Signs Allowed Without Permits) for all sign types that do not require a permit.

4. Prohibited Signs. All signs prohibited in Section 18.88.050 (Prohibited Signs) are prohibited in the form-based zoning districts with the exception of painted wall signs, which are permitted in all form-based zoning districts.

5. General Sign Standards. Standards for each allowed permanent sign type are provided in tables with a supporting illustration of each sign type. All permanent signs must comply with the standards for sign area, height, number, type, and other requirements provided in these tables. a. Sign Area for Permanent Building-Mounted Signs
(i) Aggregate sign area of all building-mounted signs shall be limited to a maximum of 1.25 square feet per linear foot of building frontage along Monterey Road and a maximum of 1 square foot per linear foot of building frontage along other streets.
(ii) See Section 18.88.080.B.3 (Sites with Multiple Frontages) for sign standards regarding buildings with more than one frontage on a public street, excluding alleys. b. Monument Signs. See Table 18.29-8 (Monument Signs) for free-standing sign standards. c. Font Types per Sign. Signs shall be limited to a maximum of two letter styles or font types. d. Illumination
(i) Signs may be internally or externally illuminated except where specifically prohibited. Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign text, registered trademark, or logo.
(ii) The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties. e. Materials and Design
(i) Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof materials.
(ii) The size of letters and graphics shall be proportional to the overall sign area. (iii) Signs shall employ the use of simple and symmetrical sign shapes.

6. Standards for Specific Sign Types. The sign standards in this Subsection supersede the standards in Section

18.88.100 (Standards for Specific Sign Types).

7. Adjustments to Sign Standards. See Section 18.88.070 (Adjustment to Sign Standards).

8. Master Sign Program. See Section 18.88.110 (Master Sign Program).

9. Temporary Signs. See Section 18.88.120 (Temporary Signs).

10. Nonconforming Signs. See Section 18.88.130 (Nonconforming Signs).

11. Violations and Enforcement. See Section 18.88.140 (Violations and Enforcement).

City of Morgan Hill
Ordinance No. 2348, New Series

29-46 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-4 Awning Signs
C
D
B
E
A
Standards Requirements
Sign Type Awning
Max. Area 2/3 of awning valance area and 15% of awning face, or 25 s.f. overall, whichever is less A Max. Projection from Building Wall 4 ft.; May project into public right-of-way with permit approval B Min. Vertical Clearance 8 ft. C
Min. Horizontal Clearance 2 ft. from street or drive aisle curb D Placement May only be mounted on the wall area below the second floor E Illumination Illumination from below the awning or non-illuminated Materials Plastic or vinyl material is not permitted
C
A
D
B
E
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-47 Table 18.29-5 Blade Signs
Standards Requirements
Sign Type Blade
Max. Number 1 per tenant space
Max. Area 12 s.f. A
Min. Vertical Clearance 8 ft. B
Projection May project into public right-of-way with permit approval Placement If mounted below the underside of a walkway or overhead structure, must not extend beyond the edge of the structure on which it is located; Must be mounted perpendicular to the building face or corner of the building
Illumination Internal or external illumination
A
B
A
B
City of Morgan Hill
Ordinance No. 2348, New Series

29-48 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-6 Canopy Signs
A
C
D
E B
Standards Requirements
Sign Type Canopy
Max. Number 1 per tenant space
Max. Area 1 s.f. per linear foot of canopy width A
Max. Height 20 ft. B
Max. Width No greater than 60% of the width of the canopy on which it is displayed C Min. Horizontal Clearance 2 ft. from street or drive aisle curb D Min. Vertical Clearance 8 ft. E
Projection May project into public right-of-way with permit approval Placement Must be placed above the doors and windows of the ground floor of a building Illumination Internal illumination
City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-49 Table 18.29-7 Marquee Signs
A
C
D
B
Standards Requirements
Sign Type Marquee
Max. Number 1 per building A
Max. Height 35 ft.

Use Restrictions Limited to theaters, auditoriums, and indoor amusement/entertainment facilities Max. Projection from
Building Wall
12 ft.; May project into public right-of-way with permit approval B Min. Vertical Clearance 8 ft. C
Placement Shall be affixed to a building wall directly above the primary public entrance of the use D Illumination Internal, direct illumination, or chase lights only City of Morgan Hill
Ordinance No. 2348, New Series

29-50 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-8 Monument Signs
A
B
Standards Requirements
Sign Type Monument
Max. Number 1 per street frontage or 1 per vehicle access point from street Max. Height 8 ft. A
Max. Area 0.5 s.f. per linear foot of property street frontage up to 50 s.f. B Max. Base Width The monument sign’s base must be at least 60% of the width of the sign.

Setbacks 6 ft. min. from vehicle access ways and 3 ft. min. from property lines Illumination Internal or external illumination
Min. Separation Shall be separated a min. of 75 ft. from monument signs on abutting properties and 100 ft. from monument signs on the same property
Landscaping Base area shall be located in an irrigated landscaped planting area City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-51 Table 18.29-9 Projecting Signs
A
B
C
Standards Requirements
Sign Type Projecting
Max. Number 1 per tenant space
Max. Area 24 s.f. A
Max. Projection from
Building Wall
6 ft.; May project into public right-of-way with permit approval B Min. Vertical Clearance 8 ft. C
Min. Horizontal Clearance 2 ft. from street or drive aisle curb Landscaping Internal illumination
City of Morgan Hill
Ordinance No. 2348, New Series

29-52 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-10 Suspended Signs
A
B
C
Standards Requirements
Sign Type Suspended
Max. Number 1 per tenant space
Max. Area 5 s.f. A
Max. Projection from
Building Wall
No greater than the structure to which it is attached; May project into public right-of-way with permit approval
Min. Horizontal Clearance 2 ft. from street or drive aisle curb B Min. Vertical Clearance 8 ft. C
Illumination Internal or external illumination
Placement Shall be suspended below a ground-level awning, canopy, or ceiling of an arcade City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-53 Table 18.29-11 Wall Signs
A B
Standards Requirements
Sign Type Wall
Max. Number 1 per building frontage for single-tenant buildings and 1 per tenant space for multi-tenant buildings Max. Height Not to exceed the top of the parapet of the building wall to which it is attached A Max. Area See Subsection 18.29.040.F.5.a B
Max. Projection from
Building Wall
10 in.

Illumination Internal or external illumination
Placement Shall be attached to the building wall of the use associated with the sign; for multi-tenant buildings, shall be affixed to the portion of the wall where the business is located City of Morgan Hill
Ordinance No. 2348, New Series

29-54 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Table 18.29-12 Window Signs
A
Standards Requirements
Sign Type Window
Max. Area of Permanent
Sign
25% of window to which it is attached; Painted window signs and perforated vinyl signs are included in the 25% calculation
Illumination Non-illuminated, neon, or single- or two-color LED A Placement Permitted on windows on the ground floor and second story only City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-55

18.29.090 Permits and Administration for Form-Based Zoning Districts Subsections:

18.29.090.A Administrative Responsibility

18.29.090.B Common Permit Requirements

18.29.090.C Specific Permit Requirements

18.29.090.D Sign Permit Requirements

18.29.090.E Appeals

18.29.090.F Zoning Code Amendments

18.29.090.G Development Agreements

18.29.090.H Reasonable Accommodations

18.29.090.I Enforcement

18.29.090.A Administrative Responsibility
For all provisions related to administrative responsibility, see Chapter 18.100 (Administrative Responsibility).

18.29.090.B Common Permit Requirements
For all common permit requirements, see Chapter 18.104 (Common Permit Requirements).

18.29.090.C Specific Permit Requirements
For all common permit requirements, see Chapter 18.108 (Specific Permit Requirements).

18.29.090.D Sign Permit Requirements
For all sign permit requirements, see Section 18.88.030 (Required Permits) of Chapter 18.88 (Signs).

18.29.090.E Appeals
For all procedures related to appeals, see Chapter 18.112 (Appeals).

18.29.090.F Zoning Code Amendments
For all procedures related to Zoning Code Amendments, see Chapter 18.114 (Zoning Code Amendments).

18.29.090.G Development Agreements
For all procedures related to Development Agreements, see Chapter 18.116 (Development Agreements).

18.29.090.H Reasonable Accommodations
For all procedures related to reasonable accommodations, see Chapter 18.118 (Reasonable Accommodations).

18.29.090.I Enforcement
For procedures enforcement, see Chapter 18.120 (Enforcement).

City of Morgan Hill
Ordinance No. 2348, New Series

This page intentionally left blank.
29-56 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-57

18.29.100 Definitions for Form-Based Zoning Districts
Subsections:

18.29.100.A “A” Terms

18.29.100.B “B” Terms

18.29.100.C “C” Terms

18.29.100.D “D” Terms

18.29.100.E “E” Terms

18.29.100.F “F” Terms

18.29.100.G “G” Terms

18.29.100.H “H” Terms

18.29.100.I “I” Terms

18.29.100.J “J” Terms

18.29.100.K “K” Terms

18.29.100.L “L” Terms

18.29.100.M “M” Terms

18.29.100.N “N” Terms

18.29.100.O “O” Terms

18.29.100.P “P” Terms

18.29.100.Q “Q” Terms

18.29.100.R “R” Terms

18.29.100.S “S” Terms

18.29.100.T “T” Terms

18.29.100.U “U” Terms

18.29.100.V “V” Terms

18.29.100.W “W” Terms

18.29.100.X “X” Terms

18.29.100.Y “Y” Terms

18.29.100.Z “Z” Terms

18.29.100.A “A” Terms

1. Active Ground Floor. A street frontage that allows for active visual engagement between the people outside of a structure and the use, activities, or people, located in the structure’s ground floor. In an active ground floor, the front facade of buildings and the main entrance face and open towards the right-of-way along which pedestrian access is provided.

2. Affordable Units. Units that are made available for rent at a price below the Fair Market Rent value, as recorded and updated from time to time by the City based on the U.S. Department of Housing and Urban Development data.

City of Morgan Hill
Ordinance No. 2348, New Series

29-58 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023 Figure 18.29-2 Build-to-Zone

1. Architectural Feature. An architectural element, which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure, including but not limited to the kind, color, and texture of building materials, and style and type of windows, doors, lights, porches, and signs.

18.29.100.B “B” Terms

1. Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing the architectural form of the edge of the block.

2. Bungalow Court. A group of detached buildings (ranging from three to nine separate units) arranged to define a shared courtyard that is generally perpendicular to the street. The shared courtyard is common open space and replaces the need for private rear yards. This type is scaled to fit within low and medium intensity walkable neighborhoods.

3. Build-to-Zone. The linear street frontage between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel in which a building must occupy for the established percentage of the street frontage.

4. Building Entrance. The place of pedestrian ingress and egress to a building most frequently used by the public.

5. Building Form. The overall shape and dimensions of a building.

City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-59 Figure 18.29-3 Secondary Wing

6. Building, Main Body. The primary massing of a building.

7. Building, Secondary Wing. A part of a building or structure that is physically attached to the building or structure, but is secondary and incidental in terms of form and massing.

8. Building Type. A structure defined by a combination of its configuration, placement on a lot, and function.

18.29.100.C “C” Terms

1. Ceiling Height, Ground Floor. The height from the finished floor to the finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.

2. Civic. A term defining not-for-profit organizations that are dedicated to arts, culture, education, recreation, government, transit, and public parking facilities.

3. Corner Entry. A pedestrian entrance located on the corner of a building.

4. Courtyard. An unroofed area that is completely or partially enclosed by walls or buildings and often shared by multiple residential units or commercial spaces.

5. Courtyard Building. A building comprised of multiple attached and/or stacked units, accessed from one or more shared courtyards. The shared courtyard is common open space and replaces the need for private rear yards.

This type is often integrated into medium and high intensity walkable neighborhoods and can be applied in nonresidential contexts.

6. Covered Parking. A portion of a parking area in which a shade structure(s) has been installed to provide shade for parked vehicles.

City of Morgan Hill
Ordinance No. 2348, New Series

29-60 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.100.D “D” Terms

1. Depth, Ground Floor Space. The distance from the street-facing facade to the rear interior wall of the groundfloor space available for a permitted use.

2. Development Services Director. The Development Services Director of the City of Morgan Hill or their designee, including Community Development Director. The Development Services Director is appointed by the City Manager.

3. Direct Illumination. Illumination resulting from light emitted directly from a bulb or light fixture, and not light diffused through translucent signs or reflected from other surfaces such as the ground or building face.

4. Distance Between Entries. The horizontal distance measured parallel to the facade between entrances to a building or buildings.

5. Duplex/Duet. A detached building consisting of two side-by-side or stacked units with shallow setbacks. For side-by-side units, both face the street with separate entrances; for stacked units, both are accessible via a single entrance or separate entrances that face the street. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

18.29.100.E “E” Terms

1. Entry. An opening, such as a door, passage, or gate, that allows access to a building.

18.29.100.F “F” Terms

1. Facade, Primary. The exterior wall of a building facing a primary street.

2. Facade, Secondary. The exterior wall of a building facing a secondary street or side street.

3. Finish Level, Ground Floor. The height difference between the finished floor on the ground floor and the adjacent public sidewalk.

4. Footprint. The outline of the area of ground covered by the foundations of a building or structure.

5. Forecourt. The main facade of the building is at or near the right-of-way and a portion (usually the central portion) is set back, creating a courtyard space. The space may be used as an entry court, shared garden area, or additional shopping or restaurant seating area.

6. Frontage. A strip of land abutting a thoroughfare, civic space, or other public right-of-way. a. Frontage Private. The area between the building facade and the shared lot line between the public right-ofway and the lot. b. Frontage Public. The area between the curb of the vehicular lanes and the edge of the right-of-way.

7. Frontage Line. The lot line(s) of a lot fronting a thoroughfare or other public way, or a civic space.

8. Front Yard. The main facade of the building has a large, landscaped area between the building and the right-ofway providing a separation from the street. The front yard is visually continuous with adjacent yards and supports a landscape in conjunction with other private frontages.

18.29.100.G “G” Terms

1. Ground Floor. The floor of a building located nearest to the level of the ground around the building.

18.29.100.H “H” Terms

1. House. A detached building with one dwelling unit, shallow setbacks, a rear yard, and located within a low intensity walkable neighborhood.

City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-61

18.29.100.I “I” Terms

1. Illumination, External. Illumination resulting from the face of the sign reflecting light from an external light source intentionally directed upon it.

2. Illumination, Internal. A form of sign illumination that includes cabinet signs, single-color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.

18.29.100.J “J” Terms
No specialized terms beginning with the letter “J” are currently defined.

18.29.100.K “K” Terms
No specialized terms beginning with the letter “K” are currently defined.

18.29.100.L “L” Terms

1. LED (Light Emitting Diode). A semiconductor diode that emits light when a voltage is applied to it.

2. Light Fixture. A complete lighting assembly (including the lamp, housing, reflectors, lenses, and shields), less the support assembly (pole or mounting bracket). Includes luminous tubes, lamps or similar devices that are permanently installed or portable and used for illumination, decoration, or advertisement.

3. Light Fixture, Fully Shielded. A light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below a horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded. To be fully shielded these fixtures must be closed on top and mounted so that the bottom opening is horizontal.

4. Light Fixture, Unshielded. A light fixture that is not fully shielded or partially shielded. Even though the lamp in these fixtures is shielded from direct view when viewed from the side or above, reflective surfaces and/or lens covers are directly visible from the side.

5. Liner Building. An attached building with two main components: an interior building and an exterior building to conceal the interior building from the street on the front and street side. The interior building is usually a parking structure or large retail/entertainment space and the exterior building is intended for retail, service, office, or residential space. This type is a component of main street building form.

18.29.100.M “M” Terms.

1. Main Street Building. An attached building intended to provide a vertical mix of uses with ground floor retail, office, or service uses with individual entries, and upper floor office, service, or residential uses with one or more shared entries. This type is the primary component of main street building form.

2. Multiplex Large. A detached building that consists of seven to twelve side-by-side and/or stacked units, with one shared entry. This type is scaled to fit within medium intensity walkable neighborhoods.

3. Multiplex Small. A detached building that consists of three to six side-by-side and/or stacked units, with one shared entry or individual entries along the front. This type has the appearance of a house and is scaled to fit within low and medium intensity walkable neighborhoods.

City of Morgan Hill
Ordinance No. 2348, New Series

29-62 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.100.N “N” Terms.

No specialized terms beginning with the letter “N” are currently defined.

18.29.100.O “O” Terms.

1. Open Space, Common. A portion of a site that is designated and intended for the use or enjoyment of the residents or owners of the development and/or the overall community. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the individuals using the space.

2. Open Space, Private. A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

18.29.100.P “P” Terms.

1. Parking Driveway Width. The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.

2. Passage. An informal or formal gathering space that serves as a pedestrian connector between other gathering places, streets, and/or parking areas. Passages are usually hardscaped and located near the middle of a block, providing a pedestrian connection through a block. Passages may be linear or L-shaped. Passages provide additional frontage opportunities for retail and/or residential uses along edges.

3. Pocket Park/Plaza. A small-scale landscaped or hardscaped open space designed to provide opportunities for neighborhood gathering and/or passive recreation, generally for those who live within walking distance. Pocket parks/plazas are accessible from the public right-of-way, but clearly delineated as a separate space.

4. Plaza. A space available for civic purposes and commercial activities intended to add to the activity and vibrancy of streets and neighborhoods. Plazas are formal spaces with interior green spaces and defined edges made primarily of hardscape materials.

5. Porch, Engaged. The main facade of the building is setback from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-of-way. The engaged porch has two adjacent sides attached to the building while the other two sides are open.

6. Porch, Projecting. The main facade of the building is setback from the right-of-way and a porch is attached providing access to the building. The porch provides necessary physical separation for the private lot from the public right-of-way. The projecting porch is open on three sides and projects in front of the primary building wall.

7. Projection. Any architectural feature, structure, or structural element, such as an gallery, fence, garden wall, porch, stoop, balcony, bay window, or terrace, that breaks the plane of a horizontal regulatory limit extending into the facade zone or a setback.

8. Public Realm. The physical and social domain of the public that is held in common either by their physical presence or by visual association. This includes, but is not limited to plazas, squares, parks, thoroughfares, public frontages, private frontages, civic buildings, and civic spaces.

18.29.100.Q “Q” Terms.

No specialized terms beginning with the letter “Q” are currently defined.

City of Morgan Hill
Ordinance No. 2348, New Series

August 2023 | Public Hearing Draft City of Morgan Hill Monterey Corridor Form-Based Code | 29-63

18.29.100.R “R” Terms.

1. Recessed Entry. An entrance to a building that is set back from the facade of the building.

2. Recreation, Active. Recreational pursuits usually performed with others and often requiring equipment which require physical alteration to the area in which they are performed. Such areas are intensively used, and include but are not limited to playgrounds, sport courts, baseball/softball and other field sports, and swimming pools.

3. Recreation, Passive. Recreational pursuits involving existing natural resources which can be carried out with little alteration or disruption to the area in which they are performed. This includes, but is not limited to, such activities as walking, hiking, bicycling, bird and animal watching, and picnicking.

4. Regulating Plan. The map of an area designating the locations of form-based zoning districts. A regulating plan may be incorporated into the City’s official Zoning Map.

5. Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation for public use for pedestrian and vehicular movement occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other public utility or facility.

18.29.100.S “S” Terms.

1. Shopfront. The main facade of the building is placed at or near the right-of-way with an at-grade entrance along the sidewalk. The shopfront is generally intended for retail or service uses and has substantial glazing at the ground floor level.

2. Sidewalk. The portion of a right-of-way that is paved and intended exclusively for pedestrian use, and often installed between the curb and adjacent property lines.

3. Sign, Awning. A roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum or a similar material, which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements.

4. Sign, Blade. A permanent sign mounted either to the wall of a building by means of a bracket or attached to the underside of the lintel, arch, or other overhead structure above a porch or walkway and which is typically hung perpendicular to the wall of the building.

5. Sign, Canopy. A sign painted on, printed on, or otherwise attached flat against the surface of a canopy.

6. Sign, Marquee. A permanent sign structure placed over the entrance to a building and typically used for a theater or other entertainment use.

7. Sign, Monument. A permanent, freestanding sign with a solid base that is at least 60 percent the width of the sign face.

8. Sign, Projecting. A permanent sign that is attached to and extends perpendicular from the wall of a building.

9. Sign, Suspended. A permanent sign attached to or suspended from the underside of an arcade, canopy, or marquee and oriented to pedestrian traffic.

10. Sign, Wall. A permanent sign affixed to or erected against the wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of the wall or fascia to which it is affixed or erected.

11. Sign, Window. A permanent or temporary sign posted, painted, placed, or affixed in or on a window, or otherwise exposed to public view through a window.

12. Stoop. The main facade of the building is near the right-of-way and the stoop engages the sidewalk. The stoop is elevated above the sidewalk to ensure privacy within the building. The entrance is usually an exterior stair and landing.

13. Street Frontage. See the definition for “Frontage Line.” City of Morgan Hill
Ordinance No. 2348, New Series

29-64 | City of Morgan Hill Monterey Corridor Form-Based Code Public Hearing Draft | August 2023

18.29.100.T “T” Terms.

1. Tandem Parking. A parking space deep enough to allow two cars to park one behind the other.

2. Terrace. The main facade of the building has an elevated terrace that projects outward and engages the sidewalk with frequent stairs. The terrace allows at-grade access to all ground floor uses due to natural grade constraints or by artificially elevating the terrace floor. The terrace acts as a buffer from the sidewalk and may be landscaped to provide additional privacy. Building activities are slightly separated from the adjacent sidewalk by the terrace finish level, and the depth of the terrace provides space for outdoor seating, private yards, or any other appropriate uses.

3. Townhouse. An attached building that consists of three to ten units placed side-by-side with individual entries along the front. This type has a rear yard and is located within medium and high intensity walkable neighborhoods, or on or near a neighborhood main street.

4. Transparency. The area of a building frontage/facade that must contain transparent glass in order to improve building/tenant visibility and complement walkable environments.

18.29.100.U “U” Terms.

1. Unit. A discrete portion of a building.

2. Upper Floor. A floor in a building containing habitable space that is located above the ground floor.

18.29.100.V “V” Terms.

1. Valance. The vertical front face of an awning, parallel to the face of the building to which it is mounted.

18.29.100.W “W” Terms.

1. Walkway. A paved way located on one or more lots used for pedestrians and for the exclusive use of the lot owner(s), their guests, and invitees.

18.29.100.X “X” Terms.

No specialized terms beginning with the letter “X” are currently defined.

18.29.100.Y “Y” Terms.

No specialized terms beginning with the letter “Y” are currently defined.

18.29.100.Z “Z” Terms.

No specialized terms beginning with the letter “Z” are currently defined.

City of Morgan Hill
Ordinance No. 2348, New Series

5 CITY COUNCIL STAFF REPORT
MEETING DATE: September 6, 2023
PREPARED BY:

Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager
ADOPT RESOLUTION AMENDING FISCAL YEAR (FY) 2023-24

COUNTYWIDE SOLID WASTE BUDGET FOR ADMINISTRATIVE

SERVICES

RECOMMENDATION(S)
Adopt resolution appropriating an additional $95,680 to the City's FY 2023-24 budget in the Countywide Solid Waste Administration Fund (246) and the General Fund (010).

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to adopt a resolution appropriating an additional $95,680 to the City’s Countywide Solid Waste Program budget (Attachment 1).

In July 2021, City of Morgan Hill staff began providing Technical Advisory Committee (TAC) Administrator and Contracting Agent services for administering the work of the Recycling and Waste Reduction Commission (RWRC) Countywide Solid Waste Program. The County has retained the role of Fiscal Agent for these programs and is the entity authorized and responsible for collecting County solid waste fees as well as managing and reporting to the State on various Countywide solid waste planning efforts.

When the Countywide Solid Waste Program budget was established for FY 2023-24, it was estimated that $376,674 would cover costs associated with City fulfillment of TAC Administrator and Contracting Agent services. However, the RWRC approved a budget for FY 2023-24 that totaled $417,265 which is $40,591 over the City's budgeted amount.

This was followed by approval of a budget amendment for $55,089 to cover costs associated with an increase in staffing resources, conferences and/or trainings, mileage, computer hardware, and general program supplies and services. The budget amendment was proposed to enable the City of Morgan Hill to operate as the

5 Administrator and Contractor with sufficient dedicated staffing, continued education in solid waste and the Brown Act, and supplies and services as warranted for a program of this scope and scale. The total approved FY 2023-24 RWRC budget for Countywide Solid Waste Services Administration and Contracting with the approved budget amendment is $472,354.

Currently, the City's adopted budget for fulfillment of TAC Administrator and Contracting Agent services is $376,674. Appropriation of an additional $95,680 to the City's Countywide Solid Waste Program budget would increase funds to match the amount approved by the RWRC, bringing the City budget total to $472,354 for FY 2023-24 ($376,674 original adopted City budget + $40,591 to match RWRC adopted budget + $55,089 budget amendment = $472,354).

Summary Table: 2023-24 RWRC and City Budgets for TAC
Administrator and Contracting Agent Roles
ADOPTED RWRC Budget: TAC Contracting
Agent + TAC Administrator
$417,265
AMENDED RWRC Budget: TAC Contracting
Agent + TAC Administrator
+ Additional Budget for additional staff
support, trainings, etc.
$472,354
Total Approved RWRC Budget
Adjustment
$55,089
ADOPTED City Budget: TAC Contracting
Agent + TAC Administrator
$376,674
PROPOSED City Amended Budget: TAC
Contracting Agent + TAC Administrator
+ $40,591 to match ADOPTED RWRC
budget
+ $55,089 to match AMENDED RWRC
budget
$472,354
Total Proposed City Budget Adjustment $95,680
Staff recommends that the Council adopt the attached resolution (Attachment 1) appropriating $95,680 of additional funds to the City’s Countywide Solid Waste Program Administration and Contracting Agent budget to cover costs associated with the program that were not included in the original budget.

COMMUNITY ENGAGEMENT:

Not Applicable
The subject of this staff report is entirely administrative in nature and does not impact services directly provided to the Morgan Hill community. Given this, no community engagement was conducted prior to this meeting.

ALTERNATIVE ACTIONS:

The City Council could decline approval of the Resolution appropriating an additional

5 $95,680 to the City’s Countywide Solid Waste Program budget. This would leave the City unable to fully cover costs for TAC Administrator and Contracting Agent services being provided through the Countywide Solid Waste Program.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City has not previously amended the FY 2023-24 budget that supports services for fulfillment of the Countywide Solid Waste Program Administrator and Contracting Agent roles.

FISCAL AND RESOURCE IMPACT:

As described above, there is currently $376,674 in the Countywide Solid Waste Services Program budget (010.5815) for fulfillment of the Administrator and Contracting Agent roles. The appropriation of additional funds in the amount of $95,680 to this budget will allow the City to fully cover services being provided as part of the Countywide Solid Waste Program. The additional $95,680 will be appropriated to 010.5815 via the attached resolution and budget scorecard.This increase in expense is completely offset by the increase in revenue and results in no impact to the General Fund.

As Fiscal Agent, the County is the entity authorized and responsible for collecting County solid waste fees as well as revenues from other sources (e.g. grant funds, jurisdiction contributions, etc.). The City sends a Fund Transfer Request quarterly to the County to cover costs related to the City’s role as TAC Administrator and Contracting Agent as well as all contract costs. The City’s Fund Transfer Requests will be adjusted to cover the costs associated with the requested increased appropriation and there will be no net impact on the General Fund.

CEQA (California Environmental Quality Act):

Not a Project
The activities associated with this item are administrative activities that will not result in direct changes to the physical environment.

RESOLUTION NO. 23-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING AN AMENDMENT TO
THE CITY’S FISCAL YEAR 2023-2024 BUDGET IN THE

COUNTYWIDE SOLID WASTE ADMINISTRATIVE
SERVICES FUND (FUND NO. 246) AND THE GENERAL
FUND (FUND NO. 010), TO APPROPRIATE $95,680 TO

EACH FUND, THEREFOR
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting this Resolution are set forth in detail in that certain City Council Staff Report entitled “Adopt Resolution Amending 2023/24 Countywide Solid Waste Budget For Administrative Services” submitted for City Council consideration at its meeting of September 6, 2023, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 2023-2024 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the City’s previously adopted Fiscal Year 2023-2024 Budget, as the same has been amended to date, is hereby further amended in accordance with and as

City of Morgan Hill
Resolution No. 23-_____

reflected on Exhibit A attached hereto and incorporated herein by this reference; and
b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2023-2024 Budget of City.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 6th day of September 2023 by the following vote:

AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED: ATTEST:
___________________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
 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. 23-_____ adopted by the City Council at the meeting held on the 6th day of September 2023.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 23-_____

EXHIBIT A

AGENDA BUDGET SCORECARD
FISCAL YEAR 2023-2024
ADJUSTMENT # 008
FUND: 010 General Fund
FUNCTION: 40 Public Services
DEPARTMENT: 40 Public Services
DIVISION: 5815 County Solid Waste Program
OBJECT: 41100 Salaries
AGENDA DATE: 09/06/23
AGENDA ITEM TITLE:
07/01/23 06/30/24

UN-AUDITED PROJECTED

BEGINNING AMENDED ENDING

FUND ESTIMATED APPROPRI- FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 32,301,306 53,338,814 58,725,546 26,914,574 CUMULATIVE REVISIONS PRIOR - 10,144 10,144 -

TO RECOMMENDED ACTION
RECOMMENDED ACTION 95,680 95,680 -
RESULT OF RECOMMENDED ACTION 32,301,306 53,444,638 58,831,370 26,914,574 FY 23-24 Countywide Solid Waste Program

City of Morgan Hill
Resolution No. 23-_____

AGENDA BUDGET SCORECARD
FISCAL YEAR 2023-2024
ADJUSTMENT # 009
FUND: 246 Countywide Solid Waste Administration
FUNCTION: 40 Public Services
DEPARTMENT: 40 Public Services
DIVISION: 5820 County Solid Waste Program
OBJECT: 49210 TRANSFER OUT-010 (GENERAL FUND)
AGENDA DATE: 09/06/23
AGENDA ITEM TITLE:
07/01/23 06/30/24

UN-AUDITED PROJECTED

BEGINNING AMENDED ENDING

FUND ESTIMATED APPROPRI- FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 276,974 1,398,223 1,397,763 277,434
CUMULATIVE REVISIONS PRIOR - 203,182 203,182 -

TO RECOMMENDED ACTION
RECOMMENDED ACTION 95,680 95,680 -
RESULT OF RECOMMENDED ACTION 276,974 1,697,085 1,696,625 277,434 FY 23-24 Countywide Solid Waste Program

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

David Gittleson, Associate Engineer
APPROVED BY: City Manager

APPROVE CONSULTANT AGREEMENT WITH LUHDORFF AND

SCALMANINI FOR TWO TEST WELLS

RECOMMENDATION(S)

1. Approve Consultant Agreement for Design Professionals with Luhdorff and Scalmanini Consulting Engineers for a total not to exceed contract amount of $347,100; and

2. Authorize the City Manager to execute and administer the Consultant Agreement for Design Professionals with Luhdorff and Scalmanini Consulting Engineers.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Water System Master Plan
REPORT NARRATIVE:

On December 15, 2021, the City Council adopted the 2021 Water System Master Plan.

Utility master plans are the City’s blueprint for building-out infrastructure to meet the community’s needs now and as the City grows. In the case of the 2021 Water System Master Plan (WSMP), the growth horizon is build-out year of 2038. In addition to identifying future infrastructure, the Water System Master Plan also identifies existing system deficiencies to allow the City to plan for the resources necessary for both maintaining the existing systems and to build out the future infrastructure.

The City's 2021 Water System Master Plan calls for 3 new wells to be built by the year 2025. Following the construction of these three wells, the City will also need to construct a new well to meet future supply demands in the years 2030, 2035 and 2038. On May 24, 2022, Luhdorff and Scalmanini prepared a New Well Siting Recommendation

6 Report for the City which identified key locations for potential municipal well sites based upon the hydrogeology of the Morgan Hill area. The six key areas are as follow: Area 1 is between Serene Drive and Highway 101 north of Main Avenue, Area 2 is near Eagle View Drive and the Coyote Creek Trailhead, Area 3 is near Burnett Avenue and Highway 101, Area 4 is near Depaul Drive south of Cochrane Road, Area 5 is near Juliann Way, Area 6 is near Walnut Grove Drive north of West Dunne Avenue. Two other possible areas include areas near San Pedro and Barrett Avenues, both east of Hwy 101.

Staff is currently investigating two potential sites for new wells based on available land.

One is located on a city-owned parcel on Eagle View Drive (Area 2). The other potential site is owned by the County and located at the end of Laurel Drive (Area 1), (see project location maps). The County is currently researching the process to dedicate this old roadway to the City. Should the City move forward with these two sites, test wells first need to be drilled to confirm water quality and volume output of the aquifer before constructing a larger municipal well.

Staff requested proposals from qualified firms in mid 2022. Two proposals were received by Hydroscience Engineers and Luhdorff and Scalmani in December 2022 and then both proposals were updated in July 2023. The scope of work includes drilling two test wells, analyzing the data, testing the water quality, estimating volume output, and preparing preliminary well designs. The consultant proposals were reviewed and scored by engineering and maintenance staff. Luhdorff and Scalmanini were chosen for this work due to their extensive well drilling experience within the Morgan Hill area. Most recently, Luhdorff and Scalmanini designed and provided construction support for the Boys Ranch Well #2A, Jackson Well #3, and East Main Avenue Well #3. These wells went online in August 2020, May 2001, and April 2022, respectively.

New municipal wells are a vital component to the City’s water distribution system.

Therefore, staff recommends that Luhdorff and Scalmanini be awarded the test wells contract to determine if these two potential sites are suitable for constructing permanent municipal wells. If the test well(s) provide favorable results, a larger municipal well will be constructed at the site, which will include a building, piping, pump system, electrical system, fencing and landscaping. If the wells demonstrate low production or poor water quality, the test well(s) will be abandoned and new location(s) will be identified.

COMMUNITY ENGAGEMENT:

Staff will provide monthly updates on the City's website and will provide weekly information through Nextdoor and the City’s email subscriber list.

ALTERNATIVE ACTIONS:

None. Test wells are necessary in order to determine the depth of clean drinking water available at the proposed well site prior to constructing a larger capacity and more expensive well for municipal use.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

6 On December 15, 2021, the City Council adopted the 2021 Water System Master Plan.

FISCAL AND RESOURCE IMPACT:

Fiscal:

If approved, the Professional Service Agreement with Luhdorff and Scalmanini could provide two new municipal water wells for the City. The not to exceed maximum contract amount is $347,100. There is sufficient funding for this action in the current Capital Improvement Budget, in project #601000 – Water Wells, from the Water Impact Fund (651).

Resource:

Significant time is not required of staff for this work. This work is mostly performed by a consultant and a drilling contractor. Minor oversight will be required during the drilling due to the close proximity to residential properties.

CEQA (California Environmental Quality Act):

Categorical Exemption
New construction or conversion of small structures (CEQA Guidelines Section 15303d).

1 Updated May 2023

CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS
Luhdorff and Scalmanini Consulting Engineers
THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Luhdorff and Scalmanini Consulting Engineers a California corporation ("CONSULTANT") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on _____________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until Septemper 1, 2024 at which time CONSULTANT’S services shall be completed.

The City Manager is authorized to extend the term of this Agreement for a maximum period of one year.

Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by CONSULTANT shall be to drill two (2) test wells and analyize whether the well sites are suitable for further development into municipal wells as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $347,100.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Three Hundred Forty Seven Thousand One Hundred dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.

4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such

2 Updated May 2023
termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify CONSULTANT of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT’S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY'S City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT’S equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY'S City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT’S sole risk.

7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY.

7.1. Insurance Types and Amounts.

7.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

3 Updated May 2023

7.1.2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.3. Workers’ Compensation Insurance and Employer’s Liability. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If CONSULTANT is selfinsured, CONSULTANT shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

7.1.4. Pollution (Environmental) Liability. If the performance of CONSULTANT’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.5. Professional Liability.

7.1.5.1. If the performance of CONSULTANT’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if CONSULTANT maintains a claims-made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement.

7.1.5.2. If the performance of CONSULTANT’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers,

4 Updated May 2023
hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of CONSULTANT’S work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

7.2.1. General Liability and pollution liability (when pollution liability applies).

7.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

7.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

7.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20

01. 7.2.2. Workers Compensation.

If the performance of CONSULTANT’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M.

Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’S

5 Updated May 2023
agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

8. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

9. Compliance with Law.

9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

6 Updated May 2023
Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision, or order.

CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.

11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of CONSULTANT is as follows:

Luhdorff and Scalmanini
500 First Street
Woodland, CA 95695
(530) 661-0109

7 Updated May 2023
Address of CITY is as follows:

Devlopment Services Center
David Gittleson, P.E.

City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes, and regulations of the federal, state, and local government.

15. Consultant's Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

16. Maintenance of Records.

16.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then CONSULTANT shall retain said records until such action is resolved.

16.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

18. Time of Essence. Time is of the essence in the performance of this Agreement.

19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be

8 Updated May 2023
void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.

20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.

21. Defense and Indemnification.

21.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.

21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

21.3. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct of the CITY.

21.4. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by CONSULTANT.

21.5. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’S failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

9 Updated May 2023

21.6. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

22. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified, or provisions waived, only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

25. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

26. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

27. ☐ Data Sharing. This Agreement requires access by CONSULTANT to CITY’S Geographic Information System (GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.

28. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.
[Signatures on Next Page]

July 10, 2023
File No. 21‐2‐120
Mr. David Gittleson
City of Morgan Hill
Engineering and Utilities
17575 Peak Avenue
Morgan Hill, CA 95037
Subject: Work Plan and Cost Estimate for the Investigation and Design Services for New Domestic Supply Wells – City of Morgan Hill

Dear Mr. Gittleson,
Luhdorff and Scalmanini, Consulting Engineers (LSCE) has prepared this detailed work plan and budget to provide the City of Morgan Hill (City) with site‐specific hydrogeologic investigation services including borehole drilling, nested monitoring well installation, and well design services for two new water supply production wells to be constructed within the City.

Our work plan and budget are based on our current understanding of City’s project goals and objectives and our experience working on similar projects in the City and throughout California.

We appreciate the opportunity to provide you with this scope and budget and would be pleased to respond If you have any questions regarding our work plan or budget.

Sincerely,

LUHDORFF AND SCALMANINI

CONSULTING ENGINEERS
Charlie Jenkins, P.G.         Scott Lewis, P.G.

Project Geologist         Senior Principal Geologist
Attachments: Sub‐Contractor Bid Item Payment Sheet – Test Hole Monitoring Well Installation 2021‐2022 Schedule of Fees for Engineering and Field Services

Mr. David Gittleson
July 2023

The Scope of Work outlined below includes the tasks required to investigate and evaluate the potential of two sites within the City for the installation of new wells to augment the City’s current groundwater supply well network. If the sites are determined to be favorable for new wells, LSCE will prepare new well designs. The proposed work plan detailed below was developed based on our understanding of the City’s needs and our experience with projects of similar size and scope.

SCOPE OF WORK
The Scope of Work is outlined in the following tasks:

Task 1 – Project Coordination, Meetings, and Administration Task 2 – Site Specific Investigations
Task 3 – Monitoring Well Sampling
Task 1 – Project Coordination, Meetings, and Administration Task 1.1 – Project Kickoff
LSCE’s work on the project will begin with a kickoff meeting with City staff and key LSCE team members to discuss the various aspects of the project. Items such as contact information, chain of command, the City’s project expectations, respective roles and responsibilities, schedule, design preferences and parameters, and site constraints shall be discussed at the kick‐off meeting.

Task 1.2 - Project Coordination, Meetings, and Administration Key LSCE team members will attend regular design meetings with the City to discuss various aspects of the project. For each meeting, LSCE will prepare and distribute meeting agendas, minutes, and action item summaries. LSCE will also provide frequent updates via email or telephone throughout the project as needed. This task also provides for project management and administrative activities such as: (a) contractual arrangements, (b) ongoing examination regarding adherence to scope, budget, and schedule, (c) coordination of staff resources (d) internal review of work products, (e) management of subcontractors, (f) billing review, and (g) scoping and budgeting.

Task 2 – Site Specific Investigations
Task 2 includes site specific investigations that will include exploratory drilling to characterize subsurface materials, identify potential aquifer units, collection of water samples for analysis, collection of lithologic and geophysical data to be used to design a production well(s), and to estimate potential well yield.  It is LSCE’s understanding that the City hasselected two sitesforsite specific investigations.  One site islocated at the Centennial Recreation Center, while the other is located at Galvin Park.

Task 2.1 Test Hole and Monitoring Well Evaluation
Task 2.1 will include test hole drilling and monitoring well installation at each of the two sites mentioned above. A test hole will be drilled at each site to collect lithologic samples for analysis and to conduct down hole geophysicalsurveysthat will be used evaluate subsurface materials and to design the new production well(s). Based on the results of test hole drilling, LSCE willrecommend converting the test holesto multiple completion monitoring well that will allow for the collection of zone‐specific water levels and water quality samples. The preliminary test hole depth will be based on the information collected during the hydrogeologic investigation conducted previously and is assumed to be 375 feet for the purposes of

Mr. David Gittleson
July 2023

project cost estimate. LSCE will provide subcontracted test hole drilling services from a licensed drilling contractor and will oversee the work to ensure that it is performed in accordance with our stringent specifications and high expectations.

LSCE will provide documentation and sampling services during the drilling process including a drilling log, geological samples at a minimum of 10‐foot intervals, geophysical (electric) logs, and grain size distribution analysis. If the nature, depth, and thickness of aquifer materials from the test holes are favorable in terms of potential water supply, LSCE will recommend converting each of the test holes to a multiple completion monitoring well. A typical monitoring well may include up to three, 2‐inch diameter polyvinyl chloride (PVC) piezometers, completed in different zones. The screen section(s) of each piezometer will be isolated from one another using intermediate bentonite seals allowing for discrete water level measurements and water quality sampling. LSCE will oversee the construction and development of the monitoring wells. After development of the monitoring wells, LSCE will mobilize equipment to collect water samples from each piezometer and submit the samples to a state certified laboratory for a modified Title 22 Drinking Water analysis and other constituents of concern in the area.

If the results of the test hole investigation are not favorable for the construction of a drinking watersupply well, and after discussions with the City, the test hole(s) will be abandoned in compliance with all State and local standards.

LSCE will compare the lithology encountered during drilling, geophysical logs, and zonal water quality to that of existing City wells and other wells (production and monitoring) in the vicinity of the project area.

The performance of existing City wells and other wells completed by LSCE will be used to estimate the yield of wells constructed at each site. Based on favorable results from the test hole and monitoring well phases, LSCE will prepare preliminary production well designs.

Task 2.2 Investigation Summary and Preliminary Well Designs LSCE will prepare and deliver to the City an Investigation Summary and Preliminary Well Design Report that will summarize the findings of the site assessment and site characterization work performed at each site as part of Tasks 2.1. The report will include:
 A summary of all field activities associated with test hole drilling, monitoring well construction and development, and water quality testing
 A lithologic log based upon interpretation of collected lithologic samples and geophysical logs  Geophysical logs
 Grain size distribution charts of selected formation samples  Monitoring well as‐built diagrams
 Daily inspection sheets
 A summary of water quality results and analytical reports  Copies of all project permits
 Copy of Well Completion Reports
LSCE will prepare site specific preliminary production well designs based on data gathered during test hole and monitoring well evaluation and our experience in the area. The principal design elements to achieve a hydraulically efficient and sand‐free well include:
 Borehole and casing depths and diameters
 Casing material type(s)
 Screen placements
 Screen type and material

Mr. David Gittleson
July 2023

 Casing and screen wall thickness
 Gravel pack gradation
 Screen slot size
 Seal depths
 Accessory pipe depth, material, and
diameter
The report will include drafted preliminary well design profiles. The design elements of the wells and yield estimation will be discussed in the report. An engineer’s estimate for the construction and testing of the wells will be included in the reports. LSCE will meet with the City to discuss the results and findings of the test hole/monitoring well investigation and new well design recommendations. LSCE will incorporate the City’s design comments into the final well design(s).

Task 3– Monitoring Well Sampling
Task 3 includes sampling of the newly installed monitoring wells ( up to six individual piezometers). LSCE will provide technicians and equipment to purge and sample each piezometer.   LSCE will deliver the samples to a California state certified laboratory for water quality analysis which will include a Title 22 Drinking Water analysis.  The results of the water quality laboratory analysis will be tabulated in a water quality summary spreadsheet for reference.

COST ESTIMATE
The estimated budget to complete the Scope of Work described herein is based on our current understanding of the project and the effort that would be reasonably expected for a project of this size and scope. The attached worksheet summarizes the estimated costs per Task.

Table 1. Budget Estimate
Task Engineering
Services Cost
Outside Services
Cost
Task 1:  Project Coordination, Meetings, and Administration $9,800 Task 2:  Site Specific Investigations   $60,100 $243,600 Task 3:  Monitoring Well Sampling $10,100 $23,500
Totals $80,000 $267,100
Grand Total $347,100
LSCE proposesto perform the work described in this proposal for a sum of $347,100. LSCE will bill monthly for labor and materials, only as incurred, in accordance with LSCE’s 2021‐2022 Schedule of Fees (attached).  Prevailing wage rates shall be paid to all LSCE and subcontractor personnel for applicable work.

In the event that the City directs LSCE to deviate from the proposed scope of work, or as dictated by unforeseen conditions or events, LSCE will provide notification of any potential changes in the estimated cost to complete the work. LSCE will not proceed with any work that deviates from the approved scope and budget until approval to proceed is granted by the City.

500 FIRST STREET • WOODLAND, CA 95695
Professional*
Senior Principal ............................................................................................ $235/hr.

Principal Professional................................................................................... $230/hr.

Supervising Professional .............................................................................. $220/hr.

Senior Professional ...................................................................................... $175 to 200/hr.

Project Professional ..................................................................................... $155 to 175/hr.

Staff Professional ......................................................................................... $140 to 155/hr.

Technical
Engineering Inspector..................................................................................$140/hr.

ACAD Drafting/GIS .......................................................................................$140/hr.

Engineering Assistant...................................................................................$115 to 140/hr.

Scientist........................................................................................................$115 to 140/hr.

Technician......................................................................................................... $115 to 140/hr.

Clerical Support
Word Processing, Clerical.............................................................................$90/hr.

Digital Communications Specialist...............................................................$90/hr.

Project Admin/Accounting Assistant ...........................................................$90/hr.

Vehicle Use $0.58/mi.

Subsistence Cost Plus 15%
Groundwater Sampling Equipment (Includes Operator) $170.00/hr Copies $0.20 ea.

Professional or Technical Testimony 200% of Regular Rates Technical Overtime (if required) 150% of Regular Rates
Outside Services/Rentals Cost Plus 15%
Services by Associate Firms Cost Plus 15%
* Engineer, Geologist, Hydrogeologist, and Hydrologist
2021-2022 SCHEDULE OF FEES

ENGINEERING AND RELATED FIELD SERVICES

13 Updated May 2023

EXHIBIT C

SCHEDULE OF PERFORMANCE
All work shall be completed by September 1, 2024

G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
TEST WELL #1

PROJECT LOCATION O
310 0 310 620 930 155
Feet
Test Well
Location
Mission View Dr
Rising Sun Dr
White Moon Dr
Eagle
View
Dr
Morning Star Dr

G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
TEST WELL #2

PROJECT LOCATION O
310 0 310 620 930 155
Feet
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Jarvis
Dr
Laurel Rd
US 101
Morning
Star
Dr
Test Well
Location
Serene Dr

7 CITY COUNCIL STAFF REPORT
MEETING DATE: September 6, 2023
PREPARED BY:

Inga Alonzo, Management Analyst
APPROVED BY: City Manager

APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH

DUKE'S ROOT CONTROL

RECOMMENDATION(S)
Approve and authorize the City Manager to execute a second amendment to the agreement with Duke’s Root Control for additional root control treatment for a total agreement not to exceed amount of $99,185.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Wastewater System Master Plan
REPORT NARRATIVE:

The City’s sewer pipes are videotaped on a regular basis via CCTV cameras which help staff determine areas that require tree root treatments to avoid compromise of the City’s sewer infrastructure.

In July 2021, staff did a formal, competitive Request for Proposals (RFP) to acquire a contractor to provide all labor, materials, equipment, travel, and associated costs to perform chemical root removal in areas of the City where it was needed. The RFP was advertised in the Morgan Hill Times and was posted to the City’s website. There are very few known contractors that do this very specialized work, and the City of Morgan Hill, in particular, has very restrictive compliance measures for root control under the River Watch settlement agreement. That being said, we received one proposal from Duke’s Root Control. Duke’s Root Control met all of the qualifications and experience requirements for the scope of work for this project and were contracted to do the work in the amount of $48,380.

The contractor guarantee on the original treatment is two years. The extended

7 guarantee will cover three additional years if a repeat application is carried out within 6 months of the expiration of the first two-year guarantee. The repeat application amount is 5% more than the original application at a cost of $50,805. Staff is recommending the agreement be amended to conduct the repeat application.

COMMUNITY ENGAGEMENT:

Not Applicable
Since maintenance of the City’s wastewater infrastructure is a regular operational function of the City, no efforts were made to inform the community about this proposed project.

ALTERNATIVE ACTIONS:

City Council could ask that this work be formally solicited again but that is not recommended because there are very few contractors that do this specialized work and it is unlikely to result in a lower cost to the City. The Council could decide not to amend the agreement for the additional root treatment but that is not recommended as staff believes the additional treatment is necessary and will extend the guarantee for three additional years.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The original agreement and the first amendment to the agreement were within the City Manager's authority and therefore did not require the approval of the City Council.

FISCAL AND RESOURCE IMPACT:

The funds for these services are budgeted in sewer operations contractual services (Fund 640).

CEQA (California Environmental Quality Act):

Categorical Exemption
The planned maintenance and management of existing City infrastructure falls within the CEQA categorical exemption of Class 1, Existing Facilities.

1 SECOND AMENDMENT TO AGREEMENT
DUKE’S ROOT CONTROL, INC.

This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and DUKE’S ROOT CONTROL, INC., a New York Corporation ("SERVICE PROVIDER"), duly authorized to do business in California and will remain so during the term of this Agreement, hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Second Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and SERVICE PROVIDER entered into that “Maintenance Service Agreement” made as of October 4, 2021, for services for a maximum compensation of Forty-one Thousand Three Hundred Twenty-Two Dollars ( $41,322.00) (“MAINTENANCE SERVICE AGREEMENT”).

3. The CITY and SERVICE PROVIDER entered into a “First Amendment to Agreement” made as of February 3, 2022, under which the maximum compensation under the MAINTENANCE SERVICE AGREEMENT, as amended, was increased to Forty-Eight Thousand Three Hundred-Eighty Dollars ($48,380.00). The MAINTENANCE SERVICE AGREEMENT and the First Amendment thereto are attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 2 shall be amended and replaced in its entirety by the following:
"2. Term of Agreement. This Agreement shall be effective and cover services rendered from October 4, 2021, until September 30, 2024. The City Manager is authorized to extend the term of this agreement for a maximum of two one-year extensions. Any such extension shall be in writing and signed by both parties to this Agreement.”
B. Paragraph 4.1 shall be amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed NINETY-NINE THOUSAND ONE HUNDRED EIGHTY-FIVE DOLLARS ($99,185.00) and shall be billed based on the rate and basis set forth in Exhibit B and Revised Exhibit B dated January 12, 2022, and Revised Exhibit B dated October 1, 2023. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for each subsequent extended one-year term exceed 105% of the maximum compensation

COMPANY NAME: DUKE'S ROOT CONTROL, INC

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
Dated October 1, 2023
Sanitary Sewer Chemical Root Control Services
Sewer line chemical root control, including all labor, materials, equipment, travel, and associated costs, shall be paid for at the unit price per linear foot of each size pipe. Unit prices are to be computed per linear foot manhole-to-manhole.

PIPE SIZE ESTIMATED FOOTAGE TOTAL PRICE
6inch

UNIT PRICE PER LINEAR
FOOT
S 2.08
18,104 $37,656.32
8inch S 2.08 3,668 $7,629.44
10inch $2.28 2,031 $4,630.68
12inch $2.49 357 $888.93
lSinch* S6.05 0 $0
18inch* $8.69 0 $0
21inch* S 10.67 0 $0
24inch* S 13.78 0 $0
* For future pricing Sum Total Price (in $50,805.37
reference only. Please fill in figures)
unit price per linear foot
only on the items in red.
17

DocuSign Envelope ID: FC52828A-8FB4-442B-8D6D-41 0CEEA04194

FIRST AMENDMENT TO MAINTENANCE SERVICE AGREEMENT
DUKE'S ROOT CONTROL, INC.

This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on 2/3/2022 (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and DUKE'S ROOT CONTROL, INC., a New York Corporation ("SERVICE PROVIDER'?, duly authorized to do business In California and will remain so during the term of this Agreement.

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered Into based upon the authority of the City Manager pursuant to Chapter 3.04 of the Morgan Hill Municipal Code.

2. The CITY and SERVICE PROVIDER entered Into that "Maintenance Service Agreemenr made as of October 4, 2021, for services for a maximum compensation of Forty-One Thousand Three Hundred Twenty-Two and no/100 doUars ($41,322.00) ("MAINTENANCE SERVICE AGREEMENT1. The MAINTENANCE SERVICE AGREEMENT is attached as Exhibit "1" to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit n1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 4.1 shall be amended and replaced In its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed FORTY-EIGHT THOUSAND THREE HUNDRED-EIGHTY AND NO/100 DOLLARS ($48,380.00) and shall be billed based on the rate and basis set forth in Exhibit "B" dated January 12, 2022. ff the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that In no event shall such maximum compensation allowed for each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the Immediately preceding prior year of service." Ill
Signature on the Next Page
1 EXHIBIT 1

DocuSign Envelope ID: FC52828A-8FB4-442B-8O6D-410CEEA04194

2. Conflicts. In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the MAINTENANCE SERVICE AGREEMENT, the terms of this First Amendment to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST:

Date:

APPROVED AS TO FORM:
�dzalikfa, City Attorney
Date: 2/1/2022
2 CITY OF MORGAN HILL
�-•;·�·�, OLViSntM, tW"\A,Lll'
.. !ll!al.J:.5,iJi�aoer.., City Manager
Date: 2/3/202,:,

BRADEN BOYKO -VICE PRESIDENT
Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Title: RICHELLE OWENS - SECRET ARY
Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

DocuSig� Envelop� ID: FC52828A-8FB4-442B:
8D6D-410CEEA04194
EXHIBIT 1

MAINTENANCE SERVICE AGREEMENT
DUKE'S ROOT CONTROL, INC.

THIS AGREEMENT is entered into and becomes effective on l0/41 2021 (Effective Date), by
and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Duke's Root Control, Inc. a New York corporation ("SERVICE PROVIDER") hereinafter referred to collectively as "Parties.'' In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the authority of the City Manager pursuant to Chapter 3.04 of the Morgan Hill Municipal Code.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until September 30,2023 at which time SERVICE PROVIDER'S services shall be completed, The City Manage.r is a.uthorized to extend the term of this Agreement for a maximum of three one.year extensions, Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be Sanitary Sewer Root Control Services as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $41,322.00. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed Forty-One Thousand, ThreeHundred Twenty-Two dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree. to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the immediately preceding prior year of service.

4.2. Billing. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Paymeht will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY's judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Termination. CITY or SERVICE PROVJDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or Jess under urgent circumstances. Upon such termination, 1 Updated: January 2021

DocuSign Envelope ID: FC52828A-8FB4-442B-8D6D-41 0CEEA04194 .._.._.._,.._....,,::,,4 ._, 1 • ..,,..,...,_ �-• ._,_._ I __ ...,..., ,_"T,...,--.._...,_,...,-,,..,....,...,-...,._ JY.._. ... • _._.._ p SERVICE PROVIDER shall submit to CITY an itemized statement of �ervices performed for which compensation has not been paid. CITY m;:Jy require SERVICE PROVIDER, to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additional compensation to SERVICE PROVIDER. The City Manager is authorized to terminate this Agreement. in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstand.ing anything conta:ined in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for pqyments.

5.2. Temporary Suspension of Services. CITY'S need for services may be suspended due to unforeseeable or unavoidable circumstances beyond its control. Such circumstances include, but are not limited to, earthquake, fire, explosion, flood or other natural catastrophe; governmental legislation, condemnation, acts, orders, or regulation; war or acts of terrorism; strikes or labor difficulties; and quarantine, eprdemic, or pandemic. CITY shall provide a 5- days' written noUce or less under urgent circumstances to temporarily suspend services at specific CITY facilities. CITY teserves the right to request which CITY facilities are to be serviced or not serviced due to unforeseeable or unavoidable circumstances; and the level of service at each CITY facility. Upon suspension, SERVICE PROVIDER shall submit to CIIY an itemized statement of services performed for which compensation has not been paid up to the date of the suspension. No further payments will be made for services provided after the date of the suspension. CITY shall provide 5 days' written notice when the circumstances for the suspension of specific facilities' services are removed for SERVICE PROVIDER to commer1ce providing services.

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training. education, and expertise to accomplish these services. Services shall be performed by SERV1CE PROVIDER ln accordance with professional practices in a manner consistent with a level of care, com�etence and skill exercised by qualified members of SERVICE PROVIDER'S profession. By delivery of completed work, SERVICE PROVIDER certifies that the wotk <;onforms to the requirements of this Agreement and aJI applicable federal, state qnd local laws. SERVICE PROVIDER shall perform all work anp services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance,'' attached hereto and ·incorporated herein by this reference. The City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term .of this Agreement. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER's equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER's sole risk.

7. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this A_greement, if SERVICE PROVIDER needs to use any material or chemical cohsidered to be a hazardous material under any federal, state or 'local law, regulation or policy, SERVICE PROVIDER agrees to fully and timely abide by and comply with all laws, regulations and policies pertaining to the use, transport, removal, handling, disposal or other activity related to any and all such materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipate� it may need to use to 2 Updated: January 2021

DocuSign Envelope ID: FC52828A-8FB4-442B-8D6D-410CEEA04194 _. ............. ,.::, .. -"·-·-r--- ·-· ---· ---- - . ·- . ._. .... ...... .... ..... _ . .., ___ . .., ... _. provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

8. Insurance Requirements. SERVICE PROVIDER shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of SERVICE PROVIDER, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or "umbrella" policies, provided each such policy complies with the requirements set forth herein.

Any deductibles or self-insured retentions must be declared 10 ahd approved by City. SERVICE PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days' notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the ihterests of CITY.
8 .1. Insurance Types and Amounts.

8.1.1. Commercial General Liability {CGL). SERVICE PROVIDER shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's compined insurahce policies (including any excess or ''umbrella" policies), whichever is greater.

8.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or .occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" policies), whichever ls greater.

8.1.3. Workers' Compensation Insurance ·and Employer's Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1.,000,000.00) for any one accident or occurrence, c;>r (ii) the maximum amount of such insurance av�ilable to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or aumbrella'; policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

8.1.4. Pollution (Environmental) Liability. If the performance of SERVICE PROVIDE R's work or service under this Agreement involves hazardous materials., contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER'S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement. Coverage shall be provided for both work performed on site, as well as during the transport of hazardous 3 Updaled: January 2021

DocuSign Envelope ID: FC52828A-8FB4-442B-8D6D-410CEEA04194 ...,..,.....,,..,. . ..,,�•• _,,,.._.,,...f".., . ..,._ .., __ , �.--.,:,,- _,-..-.., ._...,..,, � l ,..,,v-'"'.-... ,._. __ , •...,...,..._I materials. Such coverage shall be in the mihimum amount of: (i) one million dollars ($1,000, 000 . 00) for any one ai:cident or occurrence, or (ii) the ma>;imum amount of such insurance availabie to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or ''umbrella'' policies). whichever is greater.

8.1.5. Professional Liability.

8.1.5.1. If the performance of SERVICE PROVIDER's work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), SERVICE PROVIDER shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies {including any excess or "umbrella" policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to CITY for at least five (5) years after the completion of work performed under this Agreement.

8.1.5.2. If the performance of SERVICE PROVIDER's work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer pn;,grammers, software designers, hardware engineers, or other systems consultants), SERVICE PROVIDER shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: {i) one million dollars ($1,000,000.00) each claim, or {ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" policies.), whichever is greater.

8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER's work or service under this Agreemeht involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

8.2.1. General liability and pollution liability (when pollution liability applies).

8.2.1.1. The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds;

8.2.1.2. The insurer waives the right of subrogation against the City of Morgan Hill and CITY's elected or appointed officials, boards, agencies, officers, agents1 employees, and volunteers; and,

8.2.1.3. Insurance shall be primary non-contributing.
4 Updated: January 2021

DocuSign Envelope ID: FC52828A-8FB4-442B-8D6D-410CEEA04194 LJOCU�191 I Cl IVt:IU..,C 1u. ULC' DLvo-r:. ..... D....,JUM""M-:1 .... V .. "1.L I 04.C.I-, .;)UC.'

8.2.2. Workers Compensation.

If the performance of SERVICE PROVIDER'S work or service under this Agreement involves access to or activity oh any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER'S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the OITY's elected or appointed officials, boards, agencies, officers, agents. employees, and volunteers.

8.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer rnust have a current A.M. Best's financial strength rating of "A" or better and a financial size rating of "VII" or better.

8.4. Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action.

SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject lo SERVICE PROVIDER's agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A 11material change'' is a change that results in non-compliance with any insurance requirements in this section 8. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Mahagement
17575 Peak Avenue
Morgan Hill, CA 95037

9. Non•Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

10. Compliance with Law.

10.1. SERVICE PROVIDER and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, .mediGal condition, or ancestry, in any activity pursuant to this Agreement.

10.2. Without limiting the provis1
ions of Section 10.1 above, each worker performing work under this Agreement shall be paid at a rate not less than the preva'iling wage as defined in Sections 1771 and 1774 of the labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite. Pursuant tQ Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage 5 Updated: January 2021

rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

10.3. DIR Registration. CITY will not accept a Bid Proposal from or enter into a contract with a SERVICE PROVIDER, without first receiving proof to the satisfaction of CITY that SERVICE PROVIDER and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exception$. Under Labor Code section 1771.4, this Agreement is subject to compliance monitoring and enforcemeht by the California Department of Industrial Relations.

10.4. Compliance with Wage and Hour Laws: SERVICE PROVIDER, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Gode.

Final Judgments, Decisions, and Orders: For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the t1me to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the Calffornia Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against SERVICE PROVIDER and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, SERVICE PROVIDER AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING- IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS

AGREEMENT - THAT SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. SERVICE PROVIDER FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH - OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY -ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions Dur1ng Term of Contract: 1f al any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or ordeffinding that SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable Wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER shc!II inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order.

SERVICE PROVIDER and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five (5) days of satisfying the final judgment, decision or order. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City's Right to Withhold Payment: Where SERVICE PROVIDER or any subcontractor it employs to perform wor.k under this Agreement has been found 1n violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to Withholc:l payment to SERVICE PROVIDER . until such judgment, decision or order has been satisfied in full.
6 Updated: January 2021

DocuSign Envelope ID: FC52828A-8FB4-442B-8D6D-41 0CEEA04194 -~---v ·-· •·- -, - - ---� ----- . .- -- ·- - -- -- -- -- Material Breach: failure to comply wJth any part of th)s Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

11. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of ClTY.

12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER'S services under this Agl'.eement are deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.

13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

14. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of rnailing, or upon date of personal delivery.

Address of SERVICE PROVIDER is as follows:

Utilities Division
Duke's Root Control, Inc.
1020 Hiawatha Boulevard West
Syracuse, New York 13204
Address of CITY is as follows:
with a copy to:

City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

15. Licenses1 Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan- Hill Business License, all permits and licenses to the extent r�quired by ordinances, codes and regulations of the federal 1 state and local government.

16. Service Provider's Proposal. If applicable, this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

Ill
Ill
7 Updated: January 2021

DocuSig� Envelope ID: FC52828A-8FB4-442B-8D6D-41 0CEEA04194

17. Maintenance of Records.

17.1. Maintenance. SERVICE PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement il� penqlng at the end of the 3-year period, then SERVICE PROVIDER shall retain said records until such action is resolyed.

17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions., and activities of SERVICE PROVIDER and its subcontractors related to services under this Agreement Pursuant to Government Code Section 8546.7, if this Agreement involves fhe expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of CITY or as part of any audit of CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

17.3. Ownership of Work Product. All documents or other information developed or recelved by SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY.

SERVICE PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

18. Familiarity with Work. By executing this Agreement, SERVICE PROVIDER represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the. work under this Agreement.

Should SERVICE PROVIDER discover any conditions materially differing from those inherent in the work or as represented by CITY
, it shall immediately inform CITY and shall not proceed, except at SERVICE PROVIDER'S risk, until written instructions are received from CITY.

19. Time of Essence. Time is of the essence in the performance of this Agreement.

20.. No Assignment. Neither this Agreement nor any portion shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY's option, shall terminate this Agreement effective as of the date of such attempted assignment.

21. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agl'eement, the prevailing party shall be entitled to an �!Ward of its reasonable attorney fees, costs and expenses incurred.

22. Defense and Indemnification.

22.1. Defense and Indemnification. SERVICE PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and 'hold harmless CITY, ·its elected or appointed officials, boards, agencies, officers, ager.ts, employees, and voluhteers ("INDEMNITEES") from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability fot bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations 8 Updated: January 2021

DocuSig� Envelope ID: FC52828A-8FB4-442B-8D6D-41 0CEEA04194 contained in this Agreement by SERVICE PROVIDER, and/or its agents, officers, employees, subcontractors, or independent �ontractors ("CLAIM"),

22.2. Exceptions. SERVICE PROVIDER is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of CITY.

22.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitatton upon the amount of indemnification or defense to be provided by SERVICE PROVIDER.

22.4. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER's failure to pay CITY promptly any indemnification arising under this Section (22) and any amount due CITY from SERVICE PROVIDER arising from SERVICE PROVIDER's failure either to (i) pay taxes on amounts received pursuant to this Agr�ement or (ii) comply with applicable workers' compensation laws.

22.5; Interpretation. This Section shall constitute an agreement or contract of indemn\ty, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

23.. Entire Agreement: Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and SERVICE PROVIDER. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

24. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara.

Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

25. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted Jointly by the Parties, and no· rule of construction or interpretation shall apply agains1 any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code ,§ 1654, the provisions of whi�h are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable. the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

27. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally. 9 Updated: January 2021

DocuSig� Envelope ID: FC52828A-8FB4-442B-8D6D-41 0CEEA04194

28. Authorit\f to Eltecute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. tN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURl:S ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER. ty City Clerk
Michelle Bigelow
Print Name
Date: 10/6/2021
APPROVED AS TO FORM:

Donald A. Larkin
Print Name
Date: 9/29/2021
827327
Contractor's License Number(s) (if applicable)
Expiration Date(s) __ 1_1_13_01....;2_02_1 ____ _
Seal:

CITY OF MORGAN HILL
wSR89fildlt.J
;.::"
two.u...

Christina J. Turner
Print Name
Date: 10/4/2021
Duke's Root Control, Inc.

By:
ellkU« �ns. ""\Ip o+ F1mn,ce,.

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: �/I(_., .bf
100000;3539
Contractor's DIR Registration Number(s) (if applicable) E>(piration Date(s) _....;6;,;...13 __ 0..;;12...;;.0....;.22 _____ _ 10 Updated: January 2021

DocuSign Envelope ID: FC52828A-8FB4-442B-8O6D-41 0CEEA04194 -• -� - -.., -• ·r -- ----. - - --· • · •• ·- --· ---· · ---•

EXHIBIT A

SCOPE OF SERVICES
The Scope of Work includes providing all labor, materials, equipment, travel, and associated costs to perlorm root foaming In sanitary sewers shown on the attached maps (Attachment A).

Contractor Responsibilities
A. Provide appropriate and responsible traffic control devices during application of root foaming.

B. If manhole entry is required, contractor must comply with all applicable confined space entry requirements.

C. Remove from the site all discharge resulting from the root foaming applications and properly dispose of the discharge. Contractor shall comply with all federal, state and local regulations regarding disposal of herbicides and hazardous wastes.

0. Compile records for each line segment in which root control chemicals are applied.

E. Furnish product and service guarantee documentation to-the City.

F. If awarded the contract, the Contractor, if it does not already have one, warrants and hereby agrees to obtain a City of Morgan Hill business license prior ,to the issuance of the Notice to Proceed. The Contractor further agree.s that the license will be kept current throughout the term of the contract.

G. The Contractor shall provide a money-back guarantee on all work specified herein as set fQrth below.

H. The Contractor is responsible for all property damage and for all cleanup and restoration associated with any chemical spill.

I. The Contractor shall return upon request throughout the life of the guarantee to perform retreatment of sewer lines in accordance with guarantee requirements.

J. The Contractor shall comply with all Federal, State and Local Laws with special attention to those laws that pertain to the handling, transportation, and use of any hazardous materials, and disposal of all pesticide containers.

K. Contractor shall comply with the City's Sanitary Sewer Management Plan (SSMP) Section

14.4 as set forth below.

L. Contractor shall comply with the River Watch Settlement agreement as set forth below.

M. Contractor is responsible for Certification of Payment of Prevailing Wages.

Special Requirements
A. The Contractor warrants that it has a valid California license for work to be perlormed.

8. All contractors shall have a minimum level of pesticide application experience and employ a State Certified pesticide applicator on the job site at all times and must provide proof of certification and training by the herbicide manufacturer.

C. Only certified crews shalt be used for application of the herbicide systems of control herein described.

D. C-ontractor must be licensed by the state to apply "restricted use" chemicals in sewer lines.

E. Contractor shall provide Pollution Liability Insurance; in addition to all other insurance.

F. Contractor shall submit with the Proposal package illustrative brochures or technical data, including a Material Safety Data Sheet (MSOS), and a specimen label of the product to be used for sewer root control.
12 Updaled: January 2021

DocuSign Envelope ID: FC52828A-8FB4-4428-8D6D-410CEEA04194 ...................... �., -1• .. --.... ,.. ......... ___ ,, __ ...,.., -- ................. -··· , � ... , ... ..,_ ,..,_, -· . "½..

Contractor Experience
The Contractor shall be licensed as a pesticide application business with the California Department of Pesticide Regulation.

All work shall be ·performed by Certified Pesticide Applicators licensed with the California Department of Pesticide Regulation. Certified Pesticide Applicators shall have a mir"!imum of one year experience in performing the type of work specified and shall each have personally performed a minimum of 100,000 linear feet of treatments as a Certified Pesticide Applicator. A minimum of two Certified Pesticide Applicators that are registered with the California Department of Pesticide Regulation are required.

Compliance with Laws
The Contractor is directed to ensure compliance with all Federal, State and Local ordinances pertaining to the type of work specified herein. Particular attention shall- be paid to those laws and ordinances relating to transportation of material {DOT). the application of sewer root control herbicides (US EPA), and traffic safety regulations. The Contractor's Federal DOT number and material EPA registration number must be submitted to the City.

Compliance with City' Sanitary Sewer Mastet Plan
Contractor shall comply with the City's Sanitary Sewer Management Plan (SSMP) Section 14.4 which states that all construction contractors working on City sewer facilities wiU be required to develop a project specific Overflow Emergency Response Plan (OERP), will provide project personnel with training regarding the content of the contractor's OERP and their role in the event of an SSO, and to follow that OERP in the event that they cause or observe a Sanitary Sewer Overflow (SSO).

Emergency response procedures shal,I be discussed at project preconstruction meetings, regular project meetings and after any contractor involved incidents.

Compliance with City's Riverwatch Settlement Agreement
Contractor shall comply with the City's Riverwatch settlement agreement Section 2.4.a which states chemical root control chemicals shall be approved and/or recommended by the Federal Environmental Protection Agency or Regional Water Quality Control Board. All application shall comp'ly with the recommendations of the manufacturer of the chemical and as required by CalOSHA. The contractor shall develop methods for the application of root control agents that lessen the incident of these agents escaping the collection system and keeping the public informed.

These methods shall include:

I. Blocking the line upstream and down-stream of the area of application; ii. Using root control agents that have a half-ljfe of sixty (60) days or less and the breakdown products are non-toxic to aquatic plants or animal's;
iii. Developing and implementing best management practices to preclude the escape of the root cQntrol agent from the sewer line;
iv. Recordkeeping that includes identifying the PACP rating in the section being treated; a map identifying locations where treatment occurs; the chemical(s) used, including the MSDS sheets; and the amounts applied;
v. Not applying any root control agent to any sewer line that has a known PACP rating of 4 or 5 unless the contractor can ensu.re that none of the root controJ agent will escape the sewer line thr.ough any line defect;
13 Updated: January 2021

DocuSig� Envelo�e ID: FC52828A-8FB4-442B-8D6D-41 0CEEA04194 vi. Not knowingly applying any root control agent in any location where groundwater can be. contaminated via infiltration or exfiltration.

Composition of the Chemical Root Control Material
The chemical root control agent shall be registered with the EPA and the California Department of Pesticide Regulation, prior to the proposal package submission, and shall be labeled for use in sewers to control . tree roots. The chem;ical Root control agent shall contain an �ctive ingredient for controlling sewer r<>ots and deterring their re•growth. There shall also be a surfactant system to deliver the active ingredient (herbicide) to the target root tissue.

A. Active ingredient:

1. Shall be a Category "E'' compound, the most favorable rating attainable on the U.S. EPA's chronic exposure toxicological rating scale,

2. Shall not be considered a carcinogen, teratogen, mutagen, or oncogene, based on laboratory testing.

3. Shall not be on the California Proposition 65 List of Chemicals Known to Cause Cancer.

4. Shall be non•volatile in order to minimize exposure to collections system workers, treatment plant operators and homeowners through inhalation.

5. Products containing the active ingredient(s) metam-sodium or copper sulfate are not allowed_

6. Shall not be a precursor to NDMA (n-nitrosodimethylamine), a priority pollutant.

B. Surfactant system:

1. Shall produce a dense, small bubble, clinging foam, which sustains its shape for a minimum of one hour.

2. Shall enhance the penetration of herbicide into root masses.

3. Shall contain an Alkylpolygluc.oside (formulations of vegetable oil and carbohydrate from agricultural products).

Manner of Application
All work shall be performed according to label instructions and in accordance with the best recommended practice for conditions present in the line under treatment. All applications shalt be done by foaming or other methods as provided on the product label.

In addition, material application will also be sufficient to penetrate up the services lateral to at least five (5) feet. the foam shall be generated through the use of air injection equipment or sprayed with sewer cleaning equipment. ' Foam shaU be pumped or sprayed into the sewer under pressure in accordance with the manufacturer's guidelines for the material Foam quality shall be sufficient to penetrate "Wye" connections and effectively treat large diameter pipe. stormwater Pollution Control
The Contractor shall exercise every reasonable precaution to prevent the discharge of any materfal which is not solely stormwater (i.e., rain) to the storm drain system. Non-allowable discharges include, but are not limited to, eroded soil from stockpiles or disturbed earth on.site, concrete and concrete washout water, saw cut slurry, fuel, oil, and other vehicle fluids, solid wastes, and chemicals. The Contractor will be responsible for tt,e complete cleanup of all material that is discharged from ,the project. Should the Contractor fail to promptly and effectively clean up such 14 \Jpdated: January 2021