Morgan Hill City Council
November 15, 2023

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
33 Section 9.21 Emergency Waiver Provision
Section 9.22 In the event of circumstances beyond the control of City such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, the provisions of this MOU which restrict City’s ability to respond to these emergencies shall be suspended for the duration of such emergency.

After the emergency is over, Association shall have the right to meet with City regarding the impact of the suspension of these provisions in the MOU on employees.

Section 9.23 Preferred Vacation Sign-up and Shift Selection Section 9.24 The sign-up period for preferred vacation shall occur following the first shift selection of the calendar year. There will be one (1) sign-up period for the Patrol Division and one (1) sign-up for the Special Operations Division.
(a) Each employee may sign up for only one (1) preferred vacation period of thirty-four to forty-six(34- 46) hours or more. The preferred vacation sign up may not to exceed two (2) consecutive weeks of preferred vacation per calendar year, unless specifically authorized by the employee’s supervisor and the Division Captain for up to two (2) additional consecutive weeks. (a)(b) The employee may request additional time off through the chain of command for special occasions to include but not limited to reservations for cruises, planes, weddings, etc. The Division Captain may approve additional non-revocable time off after considering department wide staffing availability. Employees must utilize accrued vacation prior to utilizing accrued compensatory time off for preferred vacation. Employees may not request more than two (2) Division Captain exceptions during the calendar year.
• The language in section (b) is meant to be a pilot program and reviewed yearly during this contract evaluating reasons for denial, operational impacts, and number or requests. (b)(c) A maximum of two (2) employees assigned to the Patrol Division may request preferred vacation during the same week, provided the employee with the least seniority must select a patrol shift slot with different days off from the senior employee for the shift rotation period during which the vacation will occur. One (1) employee assigned to Special Operations may take preferred vacation at the same time. There will be two separate vacation sign- up forms one for each division. If the employee assigned to Special Operations is projected to return to the Patrol Division during their forecasted preferred vacation, the employee must sign up under the Patrol Division sign-ups. (c)(d) One (1) Multi ServiceOfficer(MSO) assigned to the Patrol divisionmay request preferred vacation at any given time. Preferred vacation sign-ups for MSOs will be based on seniority amongst the MSOs. (d)(e) Preferred vacations which are in compliance with subsections A, B and C above will be approved and posted, following the sign-up period.
(e)(f) An employee who fails to request a preferred vacation or who does not take a preferred vacation which has been approved shall lose any right to a preferred vacation until the next sign-up period. (f)(g)Every employee shall be included in the sign-up for the preferred vacation schedule.

Section 9.25 The sign-up period for shift selection begins at least forty-five (45) days prior to the next shift rotation. Employees shall select shifts for a six (6) month period, beginning the start of the first pay period in January and June. The approved schedule will be posted at least twenty (20) days prior to the date the

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
34 schedule is to become effective.
(a) The Field Operations Division Captain may elect to administratively assign an employee to a specific shift for the good of the Department. Examples may include, but are not limited to, long-term personnel shortage or career enhancement of probationary employees.

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
35 (b) The Patrol Captain may assign probationary employees to a specific watch based on need of the employee and operational necessity during period.

Section 9.26 Sign-up Procedures (Sworn ClassificationsAll Employees) Section 9.27 At least forty five (45) days prior to the end of shift, every employee assigned to the Patrol Division, or who has been issued an order assigning them to the Patrol Division, will be assigned a sign-up due date and time in one (1) hour segments for purposes of selecting their desired shift. The bid process will take place during normal business hours (8:00a.m. – 5p.m.) Monday through Friday. Preferred vacation will be bid after the completion of the shift bid and cover the same period of time.

Qualification to Bid
All personnel are considered qualified to bid if the following conditions are met:

1. Must be a full duty worker and off training by shift change. For those classified as a modified worker (personnel with any type of work restriction or on any type of leave of absence), the Captain must receive notice and/or medical clearance, if applicable, three business days before the shift bids are distributed. The Captain will ensure that any employees on leave are notified of this requirement with ample notice. Once the shifts are posted, the Captain must be notified immediately of any changes to an employee’s full duty work status that occurs before the time of the actual bid.

2. Those on a FMLA leave of absence at shift change who have a scheduled return date of two months or less

3. Those not on a 4850 leave of absence

4. Other leave of absences will be reviewed on a case by case basis

5. Exceptions to this policy will be reviewed by the Captain on a case by case basis Section 9.28 Each affected employee is solely responsible for preferred vacation or shift selection sign- up on their assigned date and time. The employee may sign-up using one (1) of five (5) methods:
(a) The employee may come to the Police Station and physically sign-up for an available vacation or shift slot; or
(b) The employee may phone the on-duty Watch CommanderAdministrative Sergeant and verbally select an available vacation or shift slot. If the Watch CommanderAdministrative Sergeant is not in the office, the employee is responsible for leaving the Watch CommanderAdministrative Sergeant a return phone number where the employee can be contacted at the Watch Commander’sAdministrative Sergeant’s earliest convenience; or (c) The employee may leave a message for the Watch CommanderAdministrative Sergeant in advance of the assigned sign-up date, listing desired shift selection(s) and a phone number where the employee can be reached on the sign-up date and time in order to resolve any conflicts; or (d) The employee may designate another employee in writing and in advance of the sign-up period to make a selection on his/her behalf; or
(e) The employee may notify the Watch CommanderAdministrative Sergeant in advance that no selection is desired.

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
36 Section 9.29 If an employee fails to sign-up within their assigned date and time, that employee will be passed until such a time that the employee makes contact with the Watch CommanderAdministrative Sergeant either by phone or in person. The employee will then be able to select any remaining shift that is still available. If no request is made, or if a request conflicts with other previous sign-ups, vacations will be approved on a firstcome/first-serve basis and shifts will be administratively assigned.

Section 9.30 Sign-ups will be on the employee’s own time if the assigned sign-up date and time falls outside of regular work time.

Section 9.31 At least three (3) weeks prior to the beginning of the sign-up period for either a preferred vacation orshiftselection, every affected MSO assigned to the Patrol Division, or who has been issued an order assigning them to the Patrol Division, will be assigned a sign-up due date for shift selection. (a) Each affected MSO is solely responsible for preferred vacation or shift selection sign- up on their assigned date. They may be done using one (1) of four (4) methods:
(i) Coming to the station and physically sign-up for an available vacation orshift slot;

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
37 (ii) Phoning the Watch CommanderAdministrative Sergeant and verbally selecting an available vacation or shift slot. If the Watch CommanderAdministrative Sergeant is not in the office, the MSO is responsible for leaving the Watch CommanderAdministrative Sergeant a return phone, or pager number where the MSO can be contacted at the Watch Commander'sAdministrative Sergeant’s earliest convenience;
(iii) Leaving a message for the Watch CommanderAdministrative Sergeant, in advance of the assigned sign- up date, listing desired shift selection(s) and a phone number where the MSO can be reached on the sign-up date in order to resolve any conflicts; or (iv) Notifying the Watch CommanderAdministrative Sergeant in advance that no selection is desired.

Section 9.32 If an MSO fails to sign-up on the assigned date, that MSO forfeits his/her seniority benefit and his/her name will be placed in a pool at the bottom of the list. When the assigned dates have been passed, a preferred vacation or shiftselection schedule will be posted. MSOs listed in the pool will have until the end of the sign-up period to submit a request of available slots. For preferred vacations, this period will end on March 1st of each year. For patrolshift selection, this period will end twenty (20) days before the next shift rotation.

Requests from MSOs in the pool will be granted on an as-available basis in seniority order. If no request is made or if a request conflicts with other previous sign- ups, vacations will be approved on a first-come/firstserve basis and shifts will be administratively assigned.

Section 9.33 Sign-ups will be on the MSO’s own time if the assigned sign-up date falls outside of regular work time.

Section 9.34 Department Seniority
Section 9.35 Department wide seniority shall be used to determine the schedule for vacation selection and seniority within a classification is used for shift selection within Department Divisions. If a conflict between these two (2) methods of establishing seniority arises in the process of shift selection, seniority within a classification shall prevail.

Section 9.36 Facial Hair
Section 9.37 Employees will be allowed to grow facial hair. Facial hair shall be maintained in accordance with Department Policy Section 1044, which is incorporated herein by this reference.

Section 9.38 Vehicles
Section 9.39 In accordance with Department guidelines, Detective Vehicles, specifically Special Operations Sergeant, Special Operations Corporal, Person Crimes Detective, Property Crimes Detective, Specialized Enforcement Team Detectives, Countywide Task Force Detectives, Traffic Motorcycles, and Canine Vehicles will be available for employees to utilize on a take home basis, provided that the employee lives no more than thirty (30) mile radius driving time from the Police Station. Employees are provided these vehicles to be available on an on-call basis. Due to operational needs, employees may be required, by their supervisor, to leave their take home vehicle at work.

Section 9.40 Practice Firearms Training
(a) If requested, the Department will provide up to fifty (50) rounds of ammunition each month to employees who wish to conduct firearms practice. Employees shall obtain their allocation of ammunition from the Range Master with the understanding that the employee has exhausted rounds provided previously.

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
38 (b) Individual practice must occur off duty on the employee’s own time. (c) Practice must occur at an approved range.
(d) All practice must conform with the Department Policy Manual.

Article X. COMPLAINT/GRIEVANCE PROCEDURE
Section 10.01 A "Complaint" is an allegation or charge against a party that a wrong has been committed. The "Complaint Procedure" is the orderly process by which a determination is made as to whether or not a wrong has been committed. Each of the following steps is to take no more than five (5) working days to complete before the complaint proceeds to the next step.

Section 10.02 Step 1: The employee should review any Complaint with his/her supervisor. The supervisor is required to review every Complaint and attempt to settle it as quickly and fairly as possible.

Section 10.03 Step 2: If the action taken by the employee’s supervisor is not satisfactory to the employee, the employee has the privilege of taking the Complaint to successive levels of supervision as determined by the chart of administrative organization, up to and including the Chief, which can be found in the Policy Manual.

Section 10.04 Step 3: If the Complaint is against the immediate supervisor, the employee may proceed directly to the next higher level.

Section 10.05 Step 4: If the Complaint is not resolved in Step 2 or Step 3, the employee may take the complaint to the Assistant City Manager for Administrative Services. The decision of the Assistant City Manager for Administrative Services will be final.

Section 10.06 If the Complaint involves an issue which could fall under the Grievance Procedure, as outlined in this MOU, the time requirements for the Grievance are waived while the issue is attempted to be resolved via this Complaint Procedure. The time limits involved in the Grievance Procedure will be followed once the Complaint Procedure has been exhausted and the Complaint comes under the guide lines as outlined in the Grievance Procedure.

Section 10.07 Definition of a Grievance
Section 10.08 A "Grievance" is s any dispute involving the interpretation, application, or alleged violation of this MOU, City’s Personnel Rules where the provision in dispute is within the scope of representation or State or Federal Law.

Section 10.09 The Association Officers may move a Grievance with an alleged specific violation of State or Federal Law to City by a written certified majority vote.

Section 10.10 Should any dispute concern an agreement, rule, or action which prescribes a separate appeal procedure, that dispute shall be excluded from the Grievance Procedure defined below.

Section 10.11 Grievance Procedure
Section 10.12 Step 1. An employee who has a Grievance shall bring it to the attention of his/her immediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. The

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
39 immediate supervisor must give the employee a decision within five (5) working days of the date it is raised.

Section 10.13 Step 2. If the employee and his/her immediate supervisor are unable to resolve the Grievance within five (5) working days of the date it is raised with the immediate supervisor or if the employee is dissatisfied with the decision of the immediate supervisor the employee shall have the right tosubmit a Grievance to the Chief within seven (7) working days from the date of the immediate supervisor’s decision.

The Grievance shall contain the following information:
(a) The name of the grievant;
(b) The grievant’s department and specific work site;
(c) The name of the grievant’simmediate supervisor;
(d) A statement of the nature of the grievance including the date and place of occurrence; (e) The specific provision, policy or procedure alleged to have been violated; (f) The remedies sought by the grievant; and
(g) The name of an employee designated by the grievant to represent him or her in the processing of the grievance.

The Chief shall respond to the Grievance in writing seven (7) working days from the date of its receipt.

Section 10.14 Step 3. If the employee is dissatisfied with the decision of the Chief, he or she may submit the Grievance to the City Manager within ten (10) working days from receipt of the Chief’s response. The City Manager or his/her designated representative shall respond to the Grievance, in writing, within the ten (10) working days of its receipt. Within this period, the City Manager, at his/her discretion, may conduct an informal hearing involving the parties to the dispute.

Section 10.15 Step 4. If the employee is dissatisfied with the decision of the City Manager, he or she may submit the Grievance to the Employee Relations Panel, as provided in Section 10.11 of this MOU. Notice of such appeal must be filed in writing by the employee with the City Manager within fifteen (15) working days of receipt of the City Manager's decision.

Section 10.16 Employee Relations Panel
Section 10.17 The Employee Relations Panel ("Panel")shall consist of three (3) membersselected as follows:
(a) A City representative selected by the City Manager; and (b) An employee representative selected by the grievant, provided, however, that the participation of the employee representative shall not be a potential recipient of the grievance settlement; and (c) A representative of the California State Mediation and Conciliation Service, or an individual acceptable to both the City Manager and the grievant or, an individual chosen by the parties who is knowledgeable in public sector labor relations. This person may be chosen from any source

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
40 reasonably likely to produce such an individual, including, but not limited to a labor organization or management organization. The person selected shall serve as Chairperson. (i) The Chairperson shall serve without compensation unless it can be demonstrated that the individual was obliged to use accrued leave benefits or leave without pay to serve on the Panel.

Where provided, compensation paid shall be shared by City and the grievant or Association. (ii) The Panelshall be constituted and hear the Grievance within thirty (30) working daysfrom the filing of the appeal with the City Manager. The Panel’s decision shall be rendered within fifteen (15) working days from the conclusion of the Panel hearing ("Hearing"). The majority decision of the Panel shall be final and binding, subject only to ratification by City's City Council if said decision mandates a capital expenditure or significant, unbudgeted expenditures. In those instances, the ruling shall be submitted to City's City Council for action, which may include modification or reversal.

Section 10.18 The conduct of the Hearing shall be governed by the following ground rules:
(a) The Hearings shall be convened during regular established City hours to the extent feasible. The grievant and City employees serving on the Panel or whose participation in the Hearing is required by the Panel shall not suffer loss of wages for time devoted to this purpose. If the Hearing takes place during time other than the City employee’s regularly scheduled work period, no compensation shall be provided.
(b) The Hearing shall be conducted in an expeditious manner. The Chairperson has final authority to the rule on procedural matters or on other points affecting the length and conduct of the Hearing. Legal counsel, court reporters, and briefs shall only be utilized upon agreement between City and the grievant and shall not serve to delay the Panel’s decision beyond the prescribed time limit, except by mutual agreement.
(c) The Panelshall be committed to resolving the grievance in an objective, timely, and equitable fashion and shall not permit either party to engage in any presentation or line of argument which detracts from this purpose. The Panel shall not accept evidence not presented in Step 3 of this procedure. (d) No Hearing shall be convened unless both parties have stipulated, in writing, to the issue or issues to be heard by the Panel.

Section 10.19 General Conditions
Section 10.20 Any time limit set forth in 10.11 or 10.16 of Article X of this MOU may be extended by written agreement between City and grievant or Association. (a) Failure on the part of the grievant or their Association representative to comply with the time limits of this Grievance Procedure or any extensions thereto shall constitute a withdrawal of the Grievance without further recourse for re-submittal. Failure on the part of City to comply with prescribed time limits or extensions thereto shall result in the Grievance being moved to the next step of the Procedure.
(b) The grievant shall be entitled to have a representative of his/her own choosing, except as provided in 10.11- 10.18 of Article X of this MOU, present at any grievance meeting with City.

POA, Morgan Hill MOU December 246, 20231 – December 31, 20253
41 (c) A representative of Association shall be entitled to be present at any hearing held in conjunction with Step 3 and Step 4 of this Grievance Procedure.
(d) The City Manager or his/her designated representative shall serve as the central repository for all grievance records.

Article XI. RATIFICATION/FUTURE MEETINGS
Section 11.01 This MOU shall be effective December 246, 20231 following ratification by Association's Membership and approval by City's City Council.

11.02 Unless mutually agreed otherwise by City and Association, Association shall provide City with its written requests on terms within the scope of representation for the period beginning including January 1, 20254 no later than two (2) weeks prior to the start of negotiations. City and Association shall begin to meet and confer on or before August 1, 20253 and endeavor to complete negotiations on a successor MOU by the end of November 20253.

FOR THE CITY OF MORGAN HILL FOR MORGAN HILL POLICE OFFICERS' ASSOCIATION Christina Turner
City Manager
Date Sean Bayard
POA President
Date
Michael Horta Date Sam Huezo Date
Human Resources Director POA Sergeant of Arms
Dat Nguyen Date Sergio Pires Date
Finance Director POA Negotiator
Edith Ramirez Date Sean Farrell Date
Assistant City Manager POA Negotiator
Donald Larkin Date Ryan Warren Date
City Attorney POA Vice President

Effective pay period December 24, 2023
%
Increase
POSITION A Monthly A Hourly B Monthly B Hourly C Monthly C Hourly D Monthly D Hourly E Monthly E Hourly F Monthly F Hourly

5.00% Police
Sergeant $11,878.66 $68.53 $12,472.59 $71.96 $13,096.22 $75.56 $13,751.03 $79.33 $14,438.59 $83.30 $15,160.51 $87.46

5.00% Police
Corporal $10,722.86 $61.86 $11,259.00 $64.96 $11,821.95 $68.20 $12,413.05 $71.61 $13,033.70 $75.19 $13,685.38 $78.95

5.00% Police Officer $9,962.71 $57.48 $10,460.85 $60.35 $10,983.89 $63.37 $11,533.09 $66.54 $12,109.74 $69.86 $12,715.23 $73.36

5.00%
Multi-Service
Officer $7,530.12 $43.44 $7,906.63 $45.62 $8,301.96 $47.90 $8,717.06 $50.29 $9,152.91 $52.81 $9,610.56 $55.45 Effective pay period December 22, 2024
%
Increase
POSITION A Monthly A Hourly B Monthly B Hourly C Monthly C Hourly D Monthly D Hourly E Monthly E Hourly F Monthly F Hourly

5.00% Police
Sergeant $12,472.59 $71.96 $13,096.22 $75.56 $13,751.03 $79.33 $14,438.59 $83.30 $15,160.51 $87.46 $15,918.54 $91.84

5.00% Police
Corporal $11,259.00 $64.96 $11,821.95 $68.20 $12,413.05 $71.61 $13,033.70 $75.19 $13,685.38 $78.95 $14,369.65 $82.90

5.00% Police Officer $10,460.85 $60.35 $10,983.89 $63.37 $11,533.09 $66.54 $12,109.74 $69.86 $12,715.23 $73.36 $13,350.99 $77.02

5.00%
Multi-Service
Officer $7,906.63 $45.62 $8,301.96 $47.90 $8,717.06 $50.29 $9,152.91 $52.81 $9,610.56 $55.45 $10,091.08 $58.22 City of Morgan Hill Salary Schedule
Morgan Hill Police Officers' Association

MEMORANDUM OF UNDERSTANDING
Community Service Officers' Association
December 246, 20231 – December 31,

20253

CSOA

MEMORANDUM OF UNDERSTANDING
December 246, 20231 – December 31, 20253

TABLE OF CONTENTS
Article I. TERM ...............................................................................................................................1 Article II. REPRESENTATION .........................................................................................................1 Section 2.03 Regular Part-Time Employees.........................................................................................1 Section 2.04 Meet & Confer Process...................................................................................................1 Section 2.05 Maintenance of Membership .........................................................................................2 Section 2.06 Membership Dues...........................................................................................................2 Section 2.07 Use of City Equipment ....................................................................................................3 Article III. EMPLOYEE COMMITMENT ............................................................................................4 Article IV. MANAGEMENT RIGHTS.................................................................................................4 Article V. DEFINITIONS .................................................................................................................5 Section 5.02 Comprehensive MOU......................................................................................................5 Article VI. SALARIES, WAGES & PAID BENEFITS..............................................................................6 Section 6.04 Holiday Pay......................................................................................................................6 Section 6.05 Other Pay ........................................................................................................................6 Section 6.06 Out of Class Pay ..............................................................................................................7 Section 6.07 Higher Class Assignment Pay ..........................................................................................7 Section 6.08 Breaks and Meal Periods ................................................................................................8 Section 6.09 Bilingual Pay....................................................................................................................8 Section 6.10 Training Pay.....................................................................................................................9 Section 6.11 Shift Differential..............................................................................................................9 Section 6.12 Court Pay.........................................................................................................................9 Article VII. HOURS OF WORK AND OVERTIME............................................................................... 10 Section 7.01 Hours of Work...............................................................................................................10

Section 7.02 Overtime .......................................................................................................................11 Section 7.03 Temporary or Alternate Work Schedule.......................................................................12 Section 7.04 Shifts .............................................................................................................................12 Article VIII. HEALTH BENEFITS.................................................................................................... 13 Section 8.02 Employee Assistance Program......................................................................................14 Section 8.03 Retirement Medical ......................................................................................................14 Section 8.05 Long Term Medical Care Program ................................................................................14 Section 8.06 Short Term Disability Program......................................................................................14 Section 8.07 Long Term Disability Program.......................................................................................14 Section 8.08 Life Insurance................................................................................................................15 Section 8.09 Hepatitis-B Shots...........................................................................................................15 Article IX. UNIFORMS.................................................................................................................. 15 Section 9.01 Uniform Allowance .......................................................................................................15 Section 9.02 Replacement Schedule .................................................................................................16 Article X. WATCH SWAP............................................................................................................. 16 Article XI. EDUCATION AND TUITION BENEFITS ........................................................................... 17 Section 11.01 Education Incentive Pay Program.................................................................................17 Section 11.02 Employees Previously on Longevity..............................................................................18 Section 11.03 Tuition Reimbursement ................................................................................................18 Article XII. TYPES OF LEAVE.......................................................................................................... 18 Section 12.01 Sick Leave Accrual .........................................................................................................18 Section 12.02 Extended Leave Policy...................................................................................................19 Section 12.03 Bereavement Leave ......................................................................................................19 Section 12.04 Release Time.................................................................................................................19 Section 12.05 Vacation and Compensatory Time Off Accrual.............................................................20 Article XIII. VACATION/TIME OFF REQUESTS.............................................................................. 21

Section 13.01 Preferred Vacation for Public Safety Dispatchers.........................................................21 Section 13.03 Other Requests for Vacation/Compensatory Time Off.................................................22 Article XIV. MISCELLANEOUS BENEFITS ...................................................................................... 22 Section 14.01 Pension..........................................................................................................................23 Section 14.02 IRS 125 Program............................................................................................................23 Article XV. MISC POLICIES AND PROCEDURES ............................................................................... 23 Section 15.01 Work Stoppage, Any Job Action, Slowdown.................................................................23 Section 15.02 Light Duty Determination..............................................................................................23 Section 15.03 Substance Abuse Policy.................................................................................................24 Section 15.04 Layoff Procedure...........................................................................................................24 Article XVI. GRIEVANCE PROCEDURE.......................................................................................... 26 Section 16.02 Informal and Formal Grievances...................................................................................26 Section 16.03 Employee Relations Panel.............................................................................................27 Section 16.04 General Conditions .......................................................................................................28 Article XVII. RATIFICATION.......................................................................................................... 28 EXHIBIT A and B .............................................................................................................................. 30

CSOA December 246, 20231 – December 31, 20253 Page 1
This Memorandum of Understanding (“MOU”) has been executed by representatives of the MORGAN HILL CITY COUNCIL ("City") and representatives of the COMMUNITY SERVICE OFFICERS' ASSOCIATION ("Association").

Article I. TERM
The term of this MOU shall be from December 246, 20231 through December 31, 20253.

Article II. REPRESENTATION
Section 2.01 Association is a recognized employee organization within the meaning of City’s EmployerEmployee Relations Resolution No. 4955.

Section 2.02 Association represents all regular classified service full and part-time City employees in the classifications of Police Records Specialist, Senior Police Records Specialist Supervisor, Property/Evidence Technician, Public Safety Dispatcher, Public Safety Dispatch Supervisor, and Animal Services Officer (ASO), and Community Service Officer.

Section 2.03 Regular Part-Time Employees
Regular part-time employees in the classificationsrepresented by Association who work at least twenty (20) hours per week shall receive insurance, educational incentive, tuition reimbursement, and paid leave benefits provided for in this MOU on a pro-rated basis as follows:
(a) Part-time benefits (whether fifty percent (50%) orseventy five percent (75%) are assigned by City to employees who work in part-time positions when the regular position is authorized by City Council and those authorized benefits are the only benefits available to the individual filling the position.
(b) At full staffing levels, part-time employees who work additional hours are not eligible for additional benefits beyond what has been authorized by City Council. (c) In the event that a part-time employee is assigned and actually works additional hours filling a vacancy in a regular position, the employee will be eligible to receive additional benefits as set forth by City’s Temporary Employees Policy.
(d) Any additional benefits will begin at the start of the assignment and continue to accrue until the employee is reassigned back to his/her regular part-time hours.

Section 2.04 Meet & Confer Process
(a) Association is the only employee organization which is entitled to meet and confer with City on behalf of represented employees as outlined in Item 2.02 above.

CSOA December 246, 20231 – December 31, 20253 Page 2
(b) Representatives of City and Association have met and conferred, pursuant to the provisions of the Meyers-Milias-Brown Act and Resolution No. 4955, for the purpose of reaching agreement concerning all matters within the scope of representation for City employees in Association during the term of this MOU.
(c) An agreement has been reached.
(d) Association agrees that it will not attempt to meet and confer on any items within the scope of representation, as defined by the Meyers-Milias-Brown Act and City Resolution No. 4955, during the term of the MOU except as provided in the MOU.
(e) No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto, unless made and executed in writing by all parties hereto, and, if required, approved and implemented by City and Association.

Section 2.05 Maintenance of Membership
(a) Each employee who, on December 26, 2021, is a member in good standing of Association shall thereafter, as a condition of employment, maintain such membership for the duration of this MOU, to the extent of paying the periodic dues uniformly required by Association as a condition of retaining membership.
(b) No employee who is not a member of Association shall be required to become a member of Association as a condition of employment. Any such employee who becomes a member of Association shall maintain such membership for the duration of this MOU. (c) Any employee who, on December 26, 2021, was a member of Association and any employee who subsequently becomes a member may, during the period beginning Nov 30, 2023 through December 31, 2023, resign such membership and thereafter shall not be required to be a member of Association as a condition of employment.

Section 2.06 Membership Dues
(a) Payroll deductions for the periodic membership dues, initiation fees and general assessments of the Association shall be made by the City on behalf of the Association from the paycheck of each employee whom the Association certifies has affirmatively consented to such dues deduction.

The City shallremit the deducted membership duesto the officer(s) of the Association designated in writing by the Association. By December 1st each year, the Association shall inform the City of the amount of the bi-weekly dues to be deducted for the following calendar year, and also notify the City of any changes to the amount of Association dues during a calendar year.

CSOA December 246, 20231 – December 31, 20253 Page 3
(b) The Association will maintain individual employee authorizations for payroll deductions, signed by the individual from whose wagesthe deduction isto be made. The City shall rely upon written notification from the Association for any employee requests to cancel, initiate or change payroll deductionsfor dues. The Association will obtain and maintain voluntary written authorization for dues deductions. Dues deductions shall automatically renew unless written notice is provided by the Association.
(c) Deduction notification will be provided to the City’s Payroll Division. Change, cancellation and deduction requests received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.
(d) The Association shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any threatened or actual claims, demands, lawsuits, or any other action arising from the operation of this Section 2.03 and from the use of such monies by the Association.

Section 2.07 Use of City Equipment
(a) Elected officers and members of Association may be granted limited privileges to utilize City owned equipment within the police facility as follows:
(b) Elected officers of Association may utilize the Police Department (“Department”) E-Mail system to post official notices to its membership or conduct necessary official business that cannot be conveniently conducted in another fashion. Likewise, members may utilize this system to reply to notices or other necessary business.
(c) Elected officers of Association or their designates may utilize City telephones within the police facility to conduct official Association business for local calls only. All long distance or message unit calls must be made collect or with the use of a private phone credit card. (d) Elected officers of Association or their designates may utilize City copy machines within the police facility to reproduce notices to its membership, other official correspondence using Association stationery, and copies of the MOU for distribution to its membership. Reproducing multiple copies of large documents or large quantities (more than twenty five (25) copies) of short documents may only be allowed with permission of the Chief of Police. (e) Official business shall be defined as notifying members of Association meetings, Association activities, or other official communications such as preparing election ballots, correspondence, etc. Not included in official business are items such as actually voting on Association issues, lobbying or campaigning with respect to Association issues, expressing personal or political

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views, making statements which are injurious to individuals or the police organization, or other similar transmissions.
(f) The Chief or his/her designate shall monitor these privileges during the term of this MOU. Should the Chief or his/her designate detect an abuse of these privileges, he/she shall notify Association's Executive Board and allow Association to be heard. If additional abuses are detected after having placed Association on notice, the Chief, or his/her designate, may unconditionally revoke these privileges.

Article III. EMPLOYEE COMMITMENT
Section 3.01 In consideration of the fair and reasonable provisions of this MOU, employees represented by Association, through their elected representatives, do hereby make the following pledges to City:
(a) Employees shall make every effort to minimize City costs on an on-going basis by encouraging optimum amount of work production from each of its members. (b) Employees shall cooperate in every reasonable way to properly maintain and protect City property, equipment, and facilities.
(c) Employeesshall adhere to all City Rules and Regulations. Specific attention shall be given to those regulations dealing with sick leave, time off, coffee breaks and punctuality. Every effort shall be made to maintain a good public image for each and all City employees. Thisisto be accomplished by maintaining good work habits and keeping busy at productive work during regular working hours.
(d) Employees shall use and follow safe working procedures in their day-to-day work routines. Each employee shall point out to his/her fellow workers any observed or unsafe condition or work procedure. Any observed unsafe condition or situation shall be immediately reported by employees to their supervisor. The intent is to protect fellow workers from any unnecessary injury and any potential liability for City.

Section 3.02 Employees shall make a special and continuing effort to maintain good and constructive relations with the general public, fellow employees, and City officials. Every effort will be made to be considerate and understanding of the other person’s point of view, misunderstanding, or problem.

Section 3.03 Association shall assume a leadership role in carrying out the above pledges.

Article IV. MANAGEMENT RIGHTS
Section 4.01 The rights of City, as exercised by City Council and City administration, include, but are not limited to:

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(a) The exclusive right to determine the mission of its constituent departments, commissions, and boards,
(b) Set standards of service, determine the procedures and standards of selection for employment, (c) Direct its employees,
(d) Take disciplinary action,
(e) Relieve its employeesfrom duty because of lack of work or other legitimate reasons, (f) Maintain the efficiency of governmental operations, (g) Determine the methods, means, and personnel by which government operations are to be conducted,
(h) Determine the content of job classifications, subject to any requirement to meet and confer or under current state law,
(i) Require that employees work overtime, and
(j) Exercise complete control and discretion over its organization and the technology of performing its work, except that any agreement between City and Association evidenced by a MOU pursuant Government Code § 3500 et.seq. shall take precedence over any of the above enumerated employee and management rights and that such MOU will be honored in good faith during the life of this MOU, subject to City’s rights to determine when an emergency exists and to take all necessary action to carry out its mission in emergencies. (k) Nothing in this Article VII shall be construed to limit, amend, decrease, revoke, or otherwise modify the rights vested in City by any law regulating, authorizing, or empowering City to act or refrain from acting.

Article V. DEFINITIONS
(a) The terms “Salaries”, “Wages,” or “Salary and Wages” shall mean the gross monthly base pay prior to any deductions.
(b) The term "Personnel Rules” as used in this MOU means those regulations titled City of Morgan Hill Personnel Rules, enacted as Resolution No. 6150, and thereafter and hereafter amended.

Copies are available from Human Resources.

Section 5.02 Comprehensive MOU
Section 5.03 During the term of this MOU, City intends to develop a more comprehensive MOU including the addition and/or modification of many items asfound in the current Personnel Rules. It is

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understood City will meet and confer with Association regarding any proposed changes at the time these items are ready to be included in the MOU.

Section 5.04 In the event a conflict in interpretation between the Personnel Rules, as included by reference, and similar sections as contained in this MOU, the language in the MOU will be used for interpretation.

Article VI. SALARIES, WAGES & PAID BENEFITS
Section 6.01 The Salaries and Wages paid by the City to all employees represented by the Association will be in accordance with the job classificationsthey hold with pay rates to be increased by four percent (4%) effective the pay period including December 246, 20231. (Exhibit A).

Section 6.02 The Salaries and Wages paid by the City to all employees represented by the Association will be in accordance with the job classificationsthey hold with pay rates to be increased by two and one halffour percent (42.5%) effective the pay period including January 1, 2023December 22, 2024. (Exhibit B).

Section 6.04 Holiday Pay
(a) Holiday Pay shall be six and one half percent (6.5%) of an employee’s base hourly salary for those employees with the classification of Public Safety Dispatcher. With the exception of the classifications of Public Safety Dispatcher who receive Holiday Pay, City will observe the following holidays: New Year’s Day, Martin Luther King Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas Eve and Christmas Day.
(b) Employees not eligible to receive holiday pay will receive one (1) half (.5) day holiday to be used during the City furlough period. City will maintain minimum staffing levels on these days and the Chief or his/her designee will determine which half (.5) day the employee may take off. (c) Each employee not eligible to receive Holiday Pay will receive two (2) floating holidays each fiscal year to be used during the fiscal year and to be approved by the Chief or his/her designee.

Section 6.05 Other Pay
(a) Full-time employees called back to work outside their regular work shift shall be compensated for a minimum of two (2) hours at time and one half (1.5) of their regular pay rate. Part-time employees called back to work outside their regular work shift shall be compensated for a minimum of two (2) hours at their regular pay rate.

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Section 6.06 Out of Class Pay
(a) Whenever an employee is temporarily assigned by their supervisor to work in a higher classification and assumes the full range of the duties of the higher classification for a period of more than one hundred twenty (120) hours, the employee shall be entitled to Out- of- Class Pay on the one hundred twenty first (121st ) hour of assignment if:
(i) the assignment is for a limited duration,
(ii) will not and does not exceed 960 hours in a fiscal year and (iii) is to a position in a higher class that is vacant during recruitment for a permanent employee (i.e. does not include a vacancy due to an employee on leave). Out of Class Pay shall be at the pay step in the higher class closest to but no less than five percent (5.0%) higher than the employee’s base pay and is intended to be PERSable compensation under Government Code section 20480. To qualify as Out- of -Class Pay rather than Higher Class Assignment Pay (see section 6.09), the assignment must be approved by the Department Head’s designee and the Human Resources Division.
(b) Having once satisfied the one hundred twenty (120) hour qualifying requirement, any subsequent qualifying Out of Class assignment to the same higher classification during the employee’s employment with the City shall be compensated at the pay step in the higher classification closest to but not less than five percent (5.0%) higher than the employee’s base pay beginning with the first hour of that reassignment.
(c) Once an employee has worked Out of Class for three hundred twenty (320) hours in a fiscal year, any subsequent Out of Class hours worked in the same higher classification during that fiscal year will result in the employee being paid seven and a half percent (7.5%) Out of Class pay for each hour worked over 320
(d) Hours worked in a Higher-Class Assignment under Section 6.07 shall qualify as hours worked toward qualifying for Out of Class pay under this Section 6.06.

Section 6.07 Higher Class Assignment Pay
(a) A supervisor may assign in writing an employee to work in a higher class and receive “Higher Class Assignment Pay” if the employee will assume the full range of duties of the higher classification for more than one hundred twenty (120) hours and does not qualify for Out of Class Pay. The employee will be eligible for Higher Class Assignment Pay starting with the one hundred twenty first (121st) hour of the assignment at the pay step in the higher class closest to but no less than

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five percent (5.0%) higher than the employee’s base pay. Higher Class Assignment Pay is not PERSable compensation under Government Code section 20480. (b) Having once satisfied the one hundred twenty (120) hour qualifying requirement, any subsequent qualifying Higher-Class Assignment to the same higher classification during the employee’s employment with the City shall be compensated at the pay step in the higher class closest to but no less than five percent (5.0%) higher than the employee’s base pay beginning with the first hour of that reassignment.
(c) Once an employee has worked in a Higher Class Assignment for three hundred twenty (320) hours in a fiscal year, any subsequent Higher Class Assignment hours worked in the same higher classification during that fiscal year willresult in the employee being paid seven and a half percent (7.5%) Higher Class Assignment Pay for each hour worked over 320. (d) Hours worked in an Out of Class Assignment under Section 6.06 shall qualify as hours worked toward qualifying for Higher Class Assignment Pay under Section 6.07.

Section 6.08 Breaks and Meal Periods
(a) Except in the case of emergencies, employees shall receive a meal period after four (4) hours of time worked. Employees working less than a twelve (12) hour shift shall be entitled to two (2) fifteen (15) minute breaks and one (1) thirty (30) minute meal period during the shift. The thirty (30) minute meal period for Public Safety Dispatchers and ASOs shall be a paid meal period, during which time they shall be available for duty. Public Safety Dispatchers are required to request coverage from the appropriate supervisor twice per shift for their fifteen (15) minute breaks. Employees may be entitled to three (3) fifteen (15) minute breaks when working a twelve (12) hourshift. Employees not receiving paid meal periods may request to take the fifteen (15) minute breaks in conjunction with the thirty (30) meal period, workload permitting, at the discretion of the supervisor. (b) Any employee required to work more than sixteen (16) hours within a twenty four (24) hour period shall be entitled to an eight (8) hour rest period prior to returning to work. If any portion of the eight (8) hour rest period occurs during the employee’s regular scheduled work hours, the employee shall receive normal compensation for that time. This section shall not apply in the case of emergencies.

Section 6.09 Bilingual Pay
(a) Association employees identified by the Chief or his/her designee to use Spanish, or American Sign Language and other languages based on need in according to their work and who are certified shall receive the following compensationa monthly stipend of five hundred dollars ($500).:

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(i) Employees hired prior to June 30, 2013 shall receive five percent (5%) of their base salary. On July 1, 2013, that amount will be calculated and converted to a fixed amount or one hundred and fifty dollars ($150.00), whichever is greater.
(ii) Should there be subsequent adjustments to base salaries, the amount determined on July 1, 2013 shall remain the fixed in perpetuity.
(iii) Employees hired on or after July 1, 2013 shall receive a monthly stipend of two hundred dollars ($200.00).
(b) The certification process shall be completed by a provider contracted by Human Resources or a three (3) person panel established by Human Resources to determine conversational competence. Employees shall be subject to recertification effective on or after December 24, 2023 and every two (2) years unless the certification is waived by City. (c) An eligible employee may request to be tested for bilingual certification at any time.

Section 6.10 Training Pay
(a) Individuals in the classification of Public Safety Dispatcher who are assigned to train new employeesin that classification shall receive additional compensation of five percent (5%) of base pay during the hours that a Public Safety Dispatcher is training a new Public Safety Dispatcher.

Section 6.11 Shift Differential
(a) A five percent (5%) solo shift differential will be paid to the Public Safety Dispatcher classification during the hours that a Public Safety Dispatcher is working alone. Solo Public Safety Dispatcher is defined as Public Safety Dispatchers who are not working with another employee who has been signed-off to work independently in the Communications Center.

Section 6.12 Court Pay
(a) Court Pay is paid at a four (4) hour minimum at the employee’s overtime hourly rate. Such pay is recognized as any court assignment worked which is not contiguous with a regular shift. (b) The minimum an employee can receive for a court appearance cannot cause the employee to receive a rate of pay which overlaps into their regular shift. The time between the start of the court appearance and the start of the scheduled shift shall be paid as governed under the City’s overtime policy and the employee will be required to report to work. The same overlap rule appliesfor a court appearance which begins within thirty (30) minutestime of the end of a regular shift.
(c) Employees shall be compensated for travel time. Travel time is any time in excess of the time the employee spends going to and from a court appearance. If the sum of the travel time and the

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court appearance does not exceed the four (4) hour minimum paid for court appearances or if the time overlaps into the employee’s regular shift, no additional overtime compensation will be paid. Normal commute is defined as the time necessary for an employee to travel from their residence to the Morgan Hill Police Department based on the distance, prevailing commuter speeds, and congestion. Employees are not required to drive a City vehicle to court, but may be provided a City vehicle for out of County travel, if available. Employees will be reimbursed at the current IRS rate for use of their personal vehicle when making in-County or out-of-County court appearances.
(d) Except as provided herein, employees receiving overtime Court Pay shall not receive reimbursement for meals nor will they receive Overtime Pay for court meal recesses. Employees held over through a court lunch recess, but then released from court immediately following the recess, shall receive overtime pay for the lunch recess, not to exceed one (1) hour. (e) Only one (1) four (4) hour minimum compensation for an off duty court appearance will be paid per day. If additional off duty court appearances are required beyond the time covered by the four (4) hour minimum, the employee shall be paid at the overtime rate for actual hours worked as governed by the City’s overtime policy.
(f) In the event that employees are assigned by the Police Chief or his/her designee to remain on call for the purposes of courtstandby, the employeesshall receive one quarter (1/4) straight time pay for every hour on standby with a two (2) hour minimum and an eight (8) hour maximum per court day.
(g) As referred to in this MOU, court standby is defined as time in which the off duty activity of an employee covered by this MOU is restricted due to the inevitability of the employee having to respond to court within the succeeding twenty four (24) hours. (h) The Police Chief or his/her designee shall be responsible for informing appropriate court officials of the above stated court standby procedure and any conflicts resulting from the procedure.

Article VII. HOURS OF WORK AND OVERTIME
Section 7.01 Hours of Work
(a) For the purposes of calculating overtime, compensatory time off ("CTO"), and defining payroll periods, the established work week is 12.01 a.m. Sunday morning to 12:00 midnight the following Saturday night.
(b) The work day, for pay purposes, shall be a twenty four (24) hour period commencing with the beginning of the employee’s regularly scheduled shift.
(c) Alternative work schedules for Association employees may be approved pursuant to City’s Alternate Works Schedules Policy. For employees in the full-time classification of Public Safety

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Dispatcher, the normal work schedule shall be forty (40) hours . Regular part-time employees shall work half of the weekly full-time schedule as defined for their classification. Should the normal work schedule need to be modified in terms of days orshift hours by the Chief to facilitate the needs of City, such modification in normal work schedules will be discussed with Association representatives as to methods for changing or rotating assignments prior to any change. The affected employee shall be notified at least fourteen (14) full working days prior to any change.

Section 7.02 Overtime
(a) The Chief retains the right to make any special exceptions to the above schedules. If at any time it becomes evident to the Chief that the most efficient use of staffing to meet the workload demands of the community is not being met, the Chief reserves the right to modify work schedules on a temporary or permanent basis. City will attempt to give the affected employee as much notice as possible, but at least three (3) full working days notice prior to the effective date of any schedule change, except in cases of emergencies. (b) Overtime/CTO is defined as one and a half (1.5) times an employee’s total hourly salary.

Overtime/CTO is paid in fifteen (15) minute increments for time exceeding seven and a half (7.5) minutes more than the employee’s normal work shift, provided the employee has worked an eight (8) hour or more work shift or any work time in excess of the forty (40) hour work week, unless additional hours are worked as a result of a shift change. (b)(c) Employees working more than twelve (12) hours consecutive shall receive double time for hours worked beginning on the thirteenth (13th) hour of work. (c)(d) Allsuch timemust be approved in advance by the employee’ssupervisor orthe Chief. Time spent on paid sick leave, disability leave, vacation leave, military leave, CTO, or other authorized paid leave shall be deemed time worked for the purposes of this MOU. (d)(e) The priority of overtime selection for both the Public Safety Dispatcher classification and the Public Safety Dispatcher Supervisor classification shall be:
(i) Temporary (“Temp”) employees (either working in a non-budgeted position or working on an hourly basis with no benefits).
(ii) Regular Part-time employees
(iii) Regular Full-time employees
(e)(f)Employees will have the option of receiving either paid overtime or CTO. The CTO accrual limit shall be one hundred sixty (160) hours.
(f)(g)During emergency situations that require Emergency Operation Center (“EOC”) activation (floods, earthquakes, severe storms, etc.), City reserves the right to require that all overtime be compensated in pay and not CTO.

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(g)(a) Employees may elect to contribute via payroll deduction to the City’s deferred compensation plans. Employees’ contributions can be a lump sum contribution or a percentage of base wages.

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Employees must submit a completed deferred compensation enrollment/change form to the Human Resources Office for changesin their deferred compensation contributions. Changesshall be effective the second full pay period following receipt by Human Resources of the applicable deferred compensation enrollment/change form.

Section 7.03 Temporary or Alternate Work Schedule
(a) For those employees classified as Public Safety classification, a temporary alternate work schedule may be invoked based upon staffing vacancies and needs of the City. (b) Prior to invoking a temporary work schedule, all Public Safety Dispatchers shall be given the opportunity to review alternatives and provide input with respect to a preferred schedule. (c) While a mutually agreeable schedule is the goal, the Chief, upon approval of the City Manager, shall have the final authority to make the determination of the actual temporary work schedule to be implemented.
(d) Temporary work schedules may be non-traditional in form, such as a twelve (12) hour work day with more than two (2) days off each calendar week. However, all hours worked in excess of forty (40) hours per week shall be compensated at the current overtime rate (either with paid overtime or CTO). Hours worked forty (40) hours or less shall be compensated at the employee’s normal straight time hourly rate.
(e) Upon mutual agreement of City, the Chief and employees in the classification of Public Safety Dispatcher, the recommended fourteen day (14) notice prior to implementation of a temporary alternate work schedule may be waived.
(f) If Association wishes to meet and confer regarding the termination and/or possible continuation of the temporary alternate work schedule at the time City is considering reverting back to the normal schedule, City agrees to meet and confer to discuss Association’s concerns prior to reverting back to the normal work schedule.

Section 7.04 Shifts
(a) During the first six months of the contract term, the parties agree to meet and confer regarding a transition to 12-hour shifts, and reducing or eliminating solo time. The parties will further meet and confer regarding night shift differential pay during this six month period. (b) Regular shiftsfor employees in the classification of Public Safety Dispatcher shall be as follows:
(i) Shift A: any shift beginning 5AM to 10AM
(ii) Shift B: any shift beginning 11AM to 4PM
(iii) Shift C: any shift beginning 5PM to 9PM

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Qualification to Bid
Dispatchers are considered qualified to bid if the following conditions are met:

1. Must be a full duty worker and off training by shift change. For those classified as a modified worker (personnel with any type of work restriction or on any type of leave of absence), the Support Services Manager must receive notice and/or medical clearance, if applicable, three business days before the shift bids are distributed. The Support Services Manager will ensure that any employees on leave are notified of this requirement with ample notice. Once the shifts are posted, the Support Services Manager must be notified immediately of any changes to an employee’s full duty work status that occurs before the time of the actual bid.

2. Dispatchers on a leave of absence at shift change who have a scheduled return date of two months or less
(c)(a)Shift selection for those full-time employees in the classification of Public Safety Dispatcher shall be by seniority as follows:
(i) Public Safety Dispatchersshall select two (2) shifts. Each shift shall be for a six (6) month period, beginning the second pay period of January and July, respectively. (ii) In October, the Police Support Services Manager shall publish a blank schedule indicating the available shifts to be selected for the following calendar year. At least twenty (20) days prior to becoming effective, the approved schedule shall be posted. (iii) For the purpose of Public Safety Dispatcher shift selection, seniority is based on date of hire as a regular employee in the Public Safety Dispatcher job classification. Seniority shall take precedence in resolving scheduling selections.
(d)(b) Public Safety Dispatchers shall not be required to rotate shifts during the term of this MOU. (e)(c)The Police Support Services Manager, or designee, may elect to administratively assign a Public Safety Dispatcher to a specific shift for the good of the organization. Examples may include, but are not limited to, long-term personnel shortage, career enhancement of probationary employee, or special assignments.
(f)(d) In the event a shift becomes available outside of the normal bidding process (vacancy), the Support Services Manager may either administratively assign or post shifts for bidding. (i)If posted for bidding, any qualified dispatcher may petition to rotate to the newly vacated shift.

In the case of multiple petitions, the dispatcher with the most seniority will be selected. (ii) Any dispatcher who changes shifts shall retain approved time off. The department bears no responsibility for shift trades.
(g)(e)
Article VIII. HEALTH BENEFITS
Section 8.01 City will contribute to the premiums of the City’s medical, dental, and vision health plans as follows:
(a) For employees with family coverage, up to $2,215593.49/month in 20242 and up to

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$2,723.16326/month in 20253.
(b) For Employees with employee plus one coverage, up to $1,7852,089.51/month in 20242 and up to
(c)(b) $1,8742,193.99/month in 20253.
(d)(c) For employees with employee only coverage, up to $983.43840/month in 20242 and up to $8821,032.60/month in 20253.
(e)(d) Employees not using the entire benefit amount shall be entitled to use one hundred percent (100%) of the surplus amount for optional benefits or for participating in medical reimbursement or dependent care expense accounts. If employees do not use their one hundred percent (100%) surplus for optional benefits, it will be added to their salary as taxable income. (f)(e) Employees who wa annually provide proof of alternative coverage may waive enrollment in City medical, dental and vision insurance programs and receive a taxable cash in lieu payment of $715 a month. Amounts received as cash in lieu shall be included in the employee’s overtime rate only so long as, and to the extent, required by law. (f) Effective in December 31, 2021, the amounts the City is obligated to contribute shall be

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converted to the identical flat dollar amounts and the formulaic approach used to determine the City’s contribution obligations in 2019, 2020 and 2021 shall be null and void and no longer in effect for subsequent plan years. Effective starting in December 2021, employees enrolled in the employee only category shall no longer be eligible to use any surplus amounts in excess of their premium amounts. Any change to these flat dollar City contribution obligations in years after 2021 shall occur only via negotiated agreement of the City and CSOA. The deductions are effective the first paycheck in December.

Section 8.02 Employee Assistance Program
(a) City agrees to provide, at its expense, one hundred percent (100%) of the premium cost per employee for enrollment in the Employee Assistance Program as presently constituted.

Section 8.03 Retirement Medical
(a) All employees shall have the option of continuing their current medical insurance at the employee’s own cost after retirement. This option can continue as long as there is no lapse in coverage and so long as the employee pays the monthly premium to the California Public Employees Retirement System ("CalPERS") or to the Finance Department as per their billing requirements. The minimum employer contribution for calendar year 2022 will be $149 per month. The calendar year 2023 rate has not been determined.

Section 8.04 The CalPERS Health Benefits Program shall remain in effect for the term of this MOU.

Section 8.05 Long Term Medical Care Program
(a) City agrees to provide, at its expense, one hundred percent (100%) of the premium cost per employee for enrollment in the basic Long Term Medical Care Program.

Section 8.06 Short Term Disability Program
(a) For the term of this MOU, City will maintain a short term disability program for all employees represented by Association. The coverage for the short term disability program will be sixty six and two thirds percent (66-2/3%) of salary up to a maximum of nine hundred eighty three dollars ($983.00) per week with duration of eight (8) weeks and the elimination period of eight (8) days.

The employee must be totally disabled to qualify for benefits. Per program requirements, maternity benefits are included in the short-term disability coverage. City will continue to pay one hundred percent (100%) of the costs involved with this program.

Section 8.07 Long Term Disability Program
(a) For the term of this MOU, City will maintain a long term disability program for all employees represented by Association. The amount of monthly coverage for the long term disability will be sixty six and two thirds percent (66-2/3%) of the first six thousand dollars ($6,000.00), or a maximum benefit paid of four thousand dollars ($4,000.00) per month, of the employee’s monthly earningsreduced by any deductive benefits. The maximum benefit period isto age sixty

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five (65) or twelve (12) months, whichever is longer. The elimination period is sixty (60) days of total disability. Employees may be eligible for some benefits for partial disability as outlined in the plan documents. City will continue to pay one hundred percent (100%) of the costs involved with this program.

Section 8.08 Life Insurance
(a) For the term of this MOU, City will maintain a life insurance program for each employee represented by Association in the amount of one hundred thousand dollars ($100,000.00). This amount decreases when the employee reaches agessixty five (65),seventy (70), and seventy five (75). This amount will be paid to the employee’s beneficiary upon the death of the employee as outlined in the program documents. The City will continue to pay one hundred percent (100%) of the cost involved with this program. The City will provide the ability for employees to buy additional life insurance through the flexible benefits program.

Section 8.09 Hepatitis-B Shots
(a) City agreesto provide Hepatitis-B shotsfor represented employees. (b) If the employee selects a medical plan which provides this benefit, employees in these classifications must get the shots through their medical plan. (c) If not covered by their group medical plan, employees wishing to receive the Hepatitis-B shots must submit a written request to the Human Resources Office. The Human Resources Office will contact the medical office currently being used for City medical examinations to set up the first appointment.
(d) Charges for Hepatitis-B shotsfor these employees pursuant to 6.47B above will be paid by City.

Section 8.10 Deferred Compensation
(a) City shall contribute two percent (2%) of an employee’s base salary to a 457 Deferred Compensation plan per pay period. Employees may elect to contribute via payroll deduction to the City’s deferred compensation plans. Employees’ contributions can be lump sum contributions or a percentage of base wages. Employees must submit a completed deferred compensation enrollment/change form to the Human Resources Office for changes in their deferred compensation contributions. Changes shall be effective the second full pay period following receipt by Human Resources of the applicable deferred compensation enrollment/change form.
plans. Employees’ contributions can be a lump sum contribution or a percentage of base wages.

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Employees must submit a completed deferred compensation enrollment/change form to the Human Resources Office for changesin their deferred compensation contributions. Changesshall be effective the second full pay period following receipt by Human Resources of the applicable deferred compensation enrollment/change form.

Article IX. UNIFORMS
Section 9.01 Uniform Allowance
(a) The City shall pay an annual uniform allowance to employees in the Police Records Specialist, Senior Records Specialist Supervisor, Animal Services Officer, Property/Evidence Technician, Public Safety Dispatcher Supervisor, and Public Safety Dispatcher and Community Service Officer , classifications of eight hundred ten dollars ($810.00) and to employees in the Animal Services Officer classification of one thousand one hundred sixty dollars ($1,160.00) payable in one payment on or about July 1st. The City will pay a one-time allowance of eight hundred ten dollars ($810.00) (one thousand one hundred sixty dollars ($1,160.00) for Animal Services Officer) at the time of hiring for the purposes of purchasing the necessary uniforms. If personnel are assigned to a special assignment, City agrees to provide necessary uniforms. CSO’s assigned to specialized units will have their initial set of Class B uniforms purchased by the department. m Regular part-time employees shall receive one half of the uniform allowance amounts listed herein, including the one-time allowance upon hire. Regular part-time employees regularly working three (3) or more days per week will receive the full uniform

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allowance.

Section 9.02 Replacement Schedule
(a) City shall pay for the replacement of uniforms damaged due to the performance of job duties on a prorated basis, based on the age of the uniform and upon recommendation of the Chief or his/her designee. The useful life of uniform itemsfor the purpose of thissection shall be assumed as follows:
(i) Uniform shirts/pants - Two (2) years
(ii) Uniform jackets - Five (5) years
(iii) Uniform hats (Animal Services Officer) - Five (5) years (b) If available, employees shall provide receipts establishing the date of purchase. Authorized personal property such as watches, glasses, etc. damaged due to the performance of job duties shall be replaced up to a seventy five dollar ($75.00) (one hundred twenty five dollar ($125.00) for prescription glasses) limit upon the recommendation of the Chief or his/her designee.

However, no reimbursement shall be made for personal property which the employee is using on a voluntary basis in lieu of an item which has been provided by City.

Section 9.03 City shall provide safety equipment that meets Department standards as outlined in the Police Department Policy Manual.
(a) City will continue to provide pepperspray training and equipment for employees assigned to field duties.
(b) Newly hired uniformed personnel, at time of hire, will have their safety equipment including (where applicable) gun, baton, handcuffs, flashlight, rain gear, leather, and related equipment furnished by City as per Department specifications. City will repair or replace existing safety equipment owned by personnel hired before July 1, 1997 as they are damaged, worn out, or as Department specifications change, not to exceed the cost of City provided safety equipment. (c) City shall provide a Threat Level III protective vest, including shock plate, to all Animal Services Officers. City shall replace a vest after it has been in service for five (5) years, has been compromised, or is otherwise unserviceable per industry standards. Animal Services Officers in an assignment that requires them to wear a uniform must wear the City issued protective vest at all times. Animal Services Officers in a non-uniform assignment are not required to wear a vest at all times while on duty, but shall maintain the vest in an accessible location and should wear the vest when engaged in planned, high risk events.

Article X. WATCH SWAP
A “Watch Swap” is a voluntary agreement between two (2) employees to trade a specific and equal number of work shifts. When one employee agrees to work for another, the second employee must

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reciprocate by working an equal amount of time for the first employee. When a trade is agreed upon and reciprocated, both involved employees will have accounted for two thousand eighty (2080) base work hours per year.

Section 10.01 Employees may negotiate Watch Swaps among their peers provided that:
(a) The involved employees complete the Watch Swap Request at the bottom of the overtime form at least one (1) working day prior to the swap,
(b) The Supervisor for the affected shift approvesthe request, and (c) The trade is among employees of a same job classification. (d) The regularly scheduled employee shall code his/her time sheet as if he/she had worked. (e) The reverse portion of the Watch Swap may occur at any time at the employee’s discretion provided that the steps listed above are also followed for the reverse portion of the Watch Swap.

The reverse portion of the Watch Swap is the sole responsibility of the two involved employees.

No employee shall have any recourse with the Department for failure to pay back a shift or for working in excess of eighty (80) hours per pay period without overtime in which a Watch Swap was negotiated.
(f) Watch Swaps are intended to be a convenience for the regularly scheduled employee and it is the sole responsibility of the regularly scheduled employee to ensure that his/her replacement reports to work. If, for any reason, the replacement employee fails to appear for duty, the regularly scheduled employee will be ordered back to work or, if that is not possible, will be considered to have taken the day off without pay. Since Watch Swaps are usually the result of inadequate staffing to allow the employee to take time off by other means, the regularly scheduled employee may not account for the missing time by use of sick leave, CTO, or the like. (g) The supervisor shall not approve a Watch Swap for the purposes of allowing the regularly scheduled employee to work an overtime assignment the same day. The supervisor may disapprove Watch Swap requests due to operational needs. Examples may include days on which there are planned special events that require maximum available staffing, etc. (h) The Chief may evaluate this processfrom time to time and may suspend this processif it becomes apparent that employees are failing to honor Watch Swap commitments.

Article XI. EDUCATION AND TUITION BENEFITS
Section 11.01 Education Incentive Pay Program
(a) All employees who have completed their original probationary period shall have the option of participating in the Education Inventive Pay (“EIP”) Program. (b) Rates of pay for the EIP Program shall be:

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a. Five percent (5%) - Intermediate P.O.S.T. Dispatch Certificate and/ or A.A. or A.S. Degree. b. Seven-and one-half percent (7.5%)- Advanced P.O.S.T. Dispatch Certificate and/ or B.A. or B.S.

Degree.

Section 11.02 Employees Previously on Longevity
A. Effective October 1, 1989, City’s Longevity Pay Program will be placed entirely with a special EIP program for only those employees still on the Longevity Pay Program as of that date. The terms of this special program will be as follows:

1. All eligible employeesshall be converted to the special EIP program at the same pay asthey enjoyed under the Longevity Pay Program. No employee will be allowed to begin receiving longevity pay who is not already receiving such pay prior to October 1, 1989. This special educational incentive program assumes that these employees will continue to re-qualify under theCity’s existing EIP program guidelines for continued receipt of EIP.

2. An employee previously on the longevity pay program may use this special EIP program or they may convert at any time they choose to the regular EIP program outlined in this article. This is a one-way conversion. Once an employee elects the regular EIP program, he/she may not return to this special EIP program.

3. Employees covered under the previous longevity program may advance on their anniversary date to the various pay levels of five percent (5%) after ten (10) years service, seven and one half percent (7.5%) after fifteen (15) years of service, and ten percent (10%) after twenty (20) years of service.

Section 11.03 Tuition Reimbursement
(a) City shall provide a tuition reimbursement program of up to one thousand five hundred dollars ($1,500.00) per fiscal year (July 1 through June 30) for the cost of books and tuition for classes beneficial to the employee’s career development. All classes must be approved in advance by the Chief. Reimbursement will take place upon a successful completion or passing of the course.

Article XII. TYPES OF LEAVE
Section 12.01 Sick Leave Accrual
(a) Sick Leave credit shall be accumulated on the basis of eight (8) hours per month. The employee’s accumulated sick leave is unlimited.
(b) City will pay twenty five percent (25%) of unused sick leave at the end of each calendar year. This payment will be based on semi-annual calculations, made on June 1 and December 1 of each year. The balance of sick leave will be added to the employee’s accumulated sick leave. (c) The twenty five percent (25%) payout will not be calculated or paid to any employee absent from

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work on a work related injury which is being covered by workers' compensation. (d) Upon retirement, one hundred percent (100%) of the employee’s unused sick leave balance will be credited to the employee’s retirement eligibility. This amount would then be converted into time in service and added to the employee’sretirement eligibility. (Reference - City contract with CalPERS, Section 20862.8).
(e) Employees shall be allowed to utilize two (2) complete shifts of personal leave per fiscal year chargeable to sick leave. Use of these two (2) personal leave days cannot be unreasonably denied ,provided no more than two shifts will need to be covered. Employees shall be credited with personal leave hours, however, only two (2) shifts of personal leave days may be taken and any remaining hours will not carry over into the next fiscal year.

Section 12.02 Extended Leave Policy
(a) In the event an employee is absent from work for illness or injury, unless notified otherwise, prior to the end of the affected pay period, the time off will be coded and deducted from accumulated sick leave, accumulated comp time, and accumulated vacation time, in that order. If a determination is subsequently made by City that the injury wasjob related all sick leave, CTO, and vacation time used to cover the leave will be credited back to the employee in an amount upto the workers' compensation determination. The amount of compensation from City may needto be offset by payments received from workers' compensation. At no time shall the employee receive compensation and workers' compensation payment in excess of their normal pay. Employees with non-sufficient time off credited to them will be coded on payroll as absent without pay.

Section 12.03 Bereavement Leave
(a) Employees shall, per occurrence, be allowed time off in the event of a death in their immediate family, father, mother, brother, sister,spouse, natural or legally adopted child, stepchild, in-laws, grandparents, and grandchildren. Up to three (3) days of such leave shall beallowed where the death and service are within the state of California and up to five (5) days where the death or service is outside the state. Usage of this leave shall not be charged against the employee’s sick leave or vacation. An additional two (2) days of leave may be taken at the same time and deducted from the employee’s accumulated sick leave. This leave will not affect the twenty five percent (25%) cash out of sick leave for the same calendar year.

Section 12.04 Release Time
(a) City shall provide release time for any one (1) Association officer of the employee’s choosing for grievance procedures only.
(b) City shall provide release time for three (3) Association employeesfor attendance at formal meet and confer sessions.

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(c) Employees requesting release time shall make the request to their supervisor at least five (5) business days prior to the time requested (Monday through Friday).

Section 12.05 Vacation and Compensatory Time Off Accrual as follows:
(a) Eighty (80) hours per year from the date of hire through the second (2nd) year of employment. (b) Eighty eight (88) hours vacation during the third (3rd) year of employment. (c) One hundred four (104) hours vacation during the fourth (4th) year of employment. (d) One hundred twelve (112) hours vacation during the fifth (5th) year of employment. (e) One hundred twenty (120) hours vacation during the sixth (6th) year of employment. (f) One hundred twenty eight (128) hours vacation during the seventh (7th) year of employment. (g) One hundred thirty six (136) hours vacation during the eighth (8th) year of employment. (h) One hundred forty four (144) hours vacation during the ninth (9th) year of employment. (i) One hundred fifty two (152) hours vacation during the tenth (10th) year of employment. (j) One hundred sixty (160) hours vacation after the tenth (10th) year of service. (k) Maximum accumulation of vacation shall be no more than that earned for two (2) years. This vacation accumulation maximum shall be enforceable on June 30th of each year. Employees may exceed the maximum prior to June 30th.
(l) Any employee who has more than two (2) years annual accrual on the books on July 1st shall have their vacation accrual subsequently reduced until vacation usage drops the maximum accrual below two (2) years accrual maximum.
(m) City guarantees that during the term of the contract that no employee will lose vacation accrued if the employee follows Departmental guidelines for requesting time off. (n) An employee may submit an Irrevocable Cash-Out Declaration Form to cash out up to eighty (80) hours of accrued vacation and/or comp time in the following calendar year. To be effective, the Form must be received by payroll no later than December 1st of the year prior to the calendar year in which the employee wishesto cash-out vacation and/or comp time. It is understood that an employee using vacation or comp time shall always use vacation or comp time earned in prior years first before using vacation or comp time earned in the current year. (i) The employee shall specify the pay period in the following calendar year in which the employee wishes the cash-out to occur. If no pay period is specified, the City shall process and pay the cash-out request in the pay period including November 1st. Employees are responsible for ensuring a sufficient balance of available accrued vacation and/or comp time on the date of the

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requested cash-out. Accrued comp time shall be cashed out first and then accrued vacation once an accrued comp balance is exhausted. If there is an insufficient balance, the maximum available up to eighty (80) hours will be cashed out.
(o) As part of the City’s open enrollment packet each year, the City will provide all employees with a copy of the Irrevocable Cash-Out Declaration form and a reminder of the deadline forsubmission of the Form.

Article XIII. VACATION/TIME OFF REQUESTS
Section 13.01 Preferred Vacation for Public Safety Dispatchers (a) All Public Safety Dispatchers may submit a request once a year for consideration of approval of an annual preferred/secondary vacation. All vacation sign-ups will be completed in order of seniority. The preferred vacation request sign-up shall begin immediately after the completion of shift selection, for vacation time during the next calendar year. (b) Employees may not use vacation hours exceeding their annual vacation accruals (maximum 160 hours) based on years of service for their preferred vacation bids. Preferred vacation must be requested in increments of forty (40) hours. Employees should be mindful of their irrevocable cash-out and how that will impact their individual leave balances. It is the employee’s responsibility to ensure they have adequate time in their leave banks at the time of the vacation. (c) Each Public Safety Dispatcher will have forty-eight (48) hours in order to sign-up for preferred vacation. Once the dispatcher’s bid has been made, the forty-eight (48) hour period for the next most senior dispatcher will begin.
(d) Only one (1) Public Safety Dispatcher at a time may be on vacation time off unless it does not adversely affect staffing.
(e) Vacation sign up shall not exceed four (4) consecutive weeks unless specifically authorized by the Support Services Manager.
(f) Once all Preferred Vacation sign ups have been completed, a secondary sign-up will be posted, displaying only the remaining available time slots. The second vacation bid is for situations where a dispatcher may elect to split their time and would like to make a second selection for another time that is not consecutive to the first selection.
(g) Vacation bids are not considered finalized until the Dispatch Supervisor authorizes the submission, which will be completed within twenty-four (24) hours of selection. (h) A Public Safety Dispatcher who fails to request a preferred vacation or who does not take a preferred vacation which has been approved shall lose any right to a preferred vacation until the next sign-up period.

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(i) All Public Safety Dispatchersshall be included in the sign-up for the preferred vacation schedule.

Section 13.02 A schedule of approved preferred vacation requests will be posted by December 15th.

Section 13.03 Other Requests for Vacation/Compensatory Time Off (a) Requests may be submitted at any time within one (1) year of the date to be taken off. Requests that are not initially approved may be resubmitted within four (4) months or less of the start date for the time off request for consideration of approval. The Department shall review these requests and either approve or disapprove them within five (5) business days from the date submitted. Once approved, the vacation/CTO will be posted on the vacation schedule. (b) The Department will review requests for vacation/CTO other than preferred vacation with the intent of granting time off whenever practical, based on operational efficiency. (c) If a vacation/CTO request has been approved more than fourteen (14) days prior to the start of the time off, the Public Safety Dispatcher Supervisor will post a voluntary overtime sign up to fill any vacancies on the schedule created by the approved time off. (d) If unfilled vacancies exist seven (7) days prior to the commencement of the approved time off, the Public Safety Dispatcher Supervisor will assign employees based on worked overtime hours.

If there is an equal number of hours worked determination will be made using reverse seniority to work overtime to cover the unfilled vacancies which result from the approved time off. (e) Any employee assigned an overtime shift to fill a vacancy is responsible for that shift - not the employee whom normally would work that shift but was granted time off.

Article XIV. MISCELLANEOUS BENEFITS
Section 14.01 Pension
(a) For employees hired on or before January 1, 2013 and “Classic Employees” as defined in Government Code section 7522.02(c) of the Public Employees Pension Reform Act (“PEPRA”), hired on or after January 1, 2013, City agreesto continue its miscellaneous contract with CalPERS for all applicable retirement benefitsin effect on July 1, 2007 which will provide the single highest year and the “2.5% @ 55" basic retirement formula.
(b) For employees that are considered “New Members,” as defined in Government Code section 7522.04(f) of PEPRA, hired on or after January 1, 2013, the miscellaneous contract will provide for the three (3) highest years compensation average and the “2.0% @ 62” retirement formula. (c) Beginning with CalPERS rates effective July 1, 2014, City and Association agree to split future rate increases at a fifty/fifty (50/50) ratio. For example, in FY 13-14, City’s miscellaneous contribution rate was sixteen point thirty eight percent (16.38%). On July 1, 2014, City’s rate increased to seventeen point thirty percent (17.30%) and thus Association members will contribute fifty

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percent (50%) of the increase (17.30% - 16.38% = .92% * 50% = .46%). This methodology will be used in subsequent years should CalPERS increase the miscellaneous contribution rate. (d) City will continue to offer the CalPERS “2.5% @ 55” retirement program for “Classic Employees.” The retirement plan shall continue all present options for “Classic Employees” including Credit for Unused Sick Leave (Government Code § 20965), the Fourth Level of 1959 Survivor Benefit (Government Code § 21574), Two Years Additional Service Credit (Government Code § 20903), and the One-Year Final Compensation (Government Code § 20042). The employee’s base salary includes the eight percent (8%) CalPERS employee contribution and will be deducted from the employee’s gross earnings pursuant to IRS § 414 (h)(2). Two dollars ($2.00) per month will be deducted from employees’ paychecks pursuant to the 1959 Survivor Benefit (ninety three cents ($0.93) per pay period). Any provision above may not conflict with the terms and conditions in Government Code § 7522.02(c).
(e) Effective July 1, 2022 Union Members will share the employer’s CalPERS contribution rate at

6.12%. The employee’s contribution towards employer’s share of pension cost will be capped at

6.12%. The City and Union members agree to split any rate decreases below the FY 2022-23 employer’s CalPERS contribution rate of 28.77% at a 50/50 ratio.

Section 14.02 IRS 125 Program
(a) City shall maintain in effect the Section IRS-125 Reimbursement.

Article XV. MISC POLICIES AND PROCEDURES
Section 15.01 Work Stoppage, Any Job Action, Slowdown
(a) During the life of this MOU, no work stoppage, strikes, or picketing shall be caused or sanctioned by Association and no lockouts shall be made by City.
(b) In the event that any employee covered by this MOU, individually or collectively, violates the provisions of this MOU and Association fails to exercise good faith in halting the work interruption, Association and the employees involved shall be deemed in violation of this Article X and City shall be entitled to seek all remedies available to it under applicable law.

Section 15.02 Light Duty Determination
(a) In the event an employee is injured and off the job for ten (10) working days or more and may be able to return to work but not able to perform all their normal job duty assignments, a temporary light duty assignment may be made by City. To be eligible for such a modified assignment, City may require the employee to provide the Human Resources Office with a medicalstatement from his/her treating physician that clearly statesthe medical limitations and abilities of the employee.

City may require a second or third doctor’s determination at City's expense. All light duty work requestsshall be coordinated through the Human Resources Office. The Human Resources Office

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will notify the employee of their light duty assignment status. (b) An employee receiving such a light duty determination could be reassigned to another assignment or other reduced work schedule up to a forty (40) hour work week upon the determination of the Chief. Once the employee is certified by their treating physician or a City doctor as no longerin need of light duty,they will be reassigned to their normal work assignment.

Section 15.03 Substance Abuse Policy
(a) City’s Substance Abuse Policy shall continue in effect for the term of this MOU.

Section 15.04 Layoff Procedure
Section 15.05 The City Council may abolish any position in the Classified Service due to lack of funds, work, or need.

Section 15.06 The layoff of employees resulting from the elimination of positions shall be governed by the following procedure:
(a) Layoffs shall be made from within the affected job classification in reverse order of total time in that classification, including any period of probation, paid leave or active military leave. Except as regards to military leave, no service credits shall be earned during any leave of absence without pay in excess of thirty (30) days. Where time in class is equal between two or more affected employees, the order of layoff shall be determined by the following means, in order:
(i) placement on the eligibility list at time of hire in the class with the highest ranking employee(s) being determined to have more time in service, if the list or reasonable evidence of the list is available,
(ii) total service time in the Classified Service,
(iii) if neither (i) or (ii) above breaks the tie(s), seniority will be determined by an appropriate random means of selection (lottery, coin flip, etc.).
(b) The order of layoff in the affected classification or classifications shall be:
(i) Temporary employees.
(ii) Probationary employees.
(iii) Regular employees.
(c) The treatment of personnel employed by means of state or federal grant monies shall be in accordance with regulations for retention as established by the grantor. In the absence of such regulations, the type of position (Classified or Exempt) shall govern treatment of such personnel. (d) Probationary and regular employees in the Classified Service who are scheduled to be laid off

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shall receive at least a twenty one (21) days written notice to this effect. (e) In lieu of layoff, an employee may elect transfer or demotion to a vacant position in the Classified Service which City intends to fill and for which the employee is qualified. Such actions shall be governed by the terms of Section 10 of the Personnel Rules and in no event shall result in an employee being placed in a classification carrying a higher maximum rate of pay. If two (2) or more employees have requested transfer or demotion to the same vacant position and City has determined they are both qualified to fill it, the more senior employee shall receive preference.

For purposes of this section, total time in the Classified Service shall be utilized in determining seniority.
(f) Within ten (10) days from the date layoff notices are issued, an employee who would otherwise be laid off may elect to displace an employee in a classification carrying a lower or the same maximum rate of pay provided, however, that the displacing employee must have held regular status in such classification and have greater time in the classification and directly related higher classifications combined than the employee being displaced. For example, related classifications would mean Police Officer/Police Sergeant, etc.
(g) A probationary or regular employee displaced in accordance with this Section 10.09 shall, in turn, be provided the same notice and bumping privilege as set forth in this Section 10.09. (h) Regular and probationary personnel laid off in accordance with this MOU shall, unless they request otherwise, be placed on a reemployment list as provided by Personnel Rule 10.12. If an employee is reemployed from such a list, all service credits and sick leave accrued to the date of layoffshall be restored. In no event, however,shall City be required to restore creditsfor vacation and sick leave paid out at the time of layoff.
(i) At the time of layoff, the employee’s name shall be removed from all promotional eligible lists, but, at the employee’s request, shall be retained on open-competitive lists subject to the provisions of Personnel Rule 10. If the employee is reemployed prior to the expiration of a promotional list, they shall be reinstated to the list. (j) Prior to the effective date of layoff, the Police Chief or the Police Support Services Manager shall furnish the City Manager with a final evaluation of the employee’s performance.

Section 15.07 City and Association acknowledge that the prospect of contracting police services functions to another public agency may potentially be considered during the term of this MOU.

Therefore, should the City Council decide to contract out police services to another agency during the term of this MOU, City will meet and confer with Association regarding the impact of such contracting out and, during the negotiations for a contract with the contracting agency, make a good faith effort to negotiate to transfer represented employees to employment with the contracting agency, provided that such transfer and the implementation thereof are consistent with the public policy goals established by the City Council in the contracting out of out the police services.

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Article XVI. GRIEVANCE PROCEDURE
Section 16.01 The following grievance procedure will be in effect:
(a) A grievance is defined as any dispute involving the interpretation, application or alleged violation of:
(i) A current MOU between City and Association, or
(ii) The City’s Personnel Rules where the provision in dispute is within the scope of representation. (b) Should any dispute concern an agreement, rule or action which prescribes a separate appeal procedure, that dispute shall be excluded from the procedure contained herein.

Section 16.02 Informal and Formal Grievances
(a) Step 1. An employee who has a grievance shall bring it to the attention of his/her immediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. If the employee and the immediate supervisor are unable to resolve the grievance within five (5) working days of the date it is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance which shall contain the following information:
(i) The name of the grievant,
(ii) The grievant’s department and specific work site,
(iii) The name of the grievant’s immediate supervisor,
(iv) A statement of the nature of the grievance, including the date and place of occurrence, (v) The specific provision, policy, or procedure alleged to have been violated, (vi) The remedies sought by the grievant, and
(vii) The name of the individual or organization, if any, designated by the grievant to represent him/her in the processing of the grievance. However, in no event, shall an employee organization other than the one which formally representsthe position occupied by thegrievant be designated as the grievant’s representative.
(b) Step 2. An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance to the Chief within seven (7) working days from the date of the immediate supervisor’s decision. The Chief shall respond to the grievance in writing within seven (7) working days from the date of its receipt.
(c) Step 3. If the employee is dissatisfied with the decision of the Chief in Step 2, he/she may submit the grievance to the City Manager within ten (10) working days from receipt of the Chief’s response. The City Manager or his/her designated representative shall respond to the grievance

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in writing within ten (10) working days of its receipt. Within this period the City Manager, or his/her designate, at his/her discretion, may conduct an informal hearing involving the partiesto the dispute.
(d) Step 4. If the employee is dissatisfied with the decision of the City Manager, or his/her designate, he/she may submit the grievance to an Employee Relations Panel as provided in Section 11.09, listed below. Notice of such appeal must be filed in writing by the employee with the City Manager within fifteen (15) working days of receipt of that the City Manager, or his/her designee’s decision.

Section 16.03 Employee Relations Panel
(a) The Employee Relations Panel ("Panel") shall consist of three (3) membersselected asfollows:
(i) A City Management official selected by the City Manager, (ii) A City employee selected by the grievant, provided, however, that the participation of the employee so selected shall not constitute a conflict of interest norsubject that employee to any recriminations as a result of his/her participation, and (iii) A representative of the California State Mediation and Conciliation Service or an individual, other than a State Representative, chosen by the parties knowledgeable in public sector labor relations from any source reasonably likely to produce such an individual, including, but not limited to, a labor organization or management organization. This person shall serve as Chairperson.
(b) The Chairperson shall serve without compensation unless it can be demonstrated that the individual was obliged to use accrued leave benefits or leave without pay to serve on the Panel.

Where provided compensation, the compensation shall be shared by City and the grievant or his/her employee organization.
(c) The Panel shall be constituted and hear the grievance within thirty (30) working days from the filing of the appeal with the City Manager. The Panel’s decision shall be rendered within fifteen (15) working days from the conclusion of the hearing.
(d) The majority decision of the Panel shall be final and binding, subject only to ratification by the City Council if the decision mandates a capital expenditure or significant, unbudgeted expenditures. In those instances the ruling shall be submitted to the City Council for action which may include modification or reversal.
(e) The conduct of the Panel’s hearing shall be governed by the following ground rules:
(i) All hearings shall be convened during regular established City hours to the extent feasible. The grievant and City employees serving on the Panel, or whose participation in the hearing is required by the Panel, shall not suffer loss of wages for time devoted to this purpose. No

CSOA December 236, 20231 – December 31, 20253 Page 31
compensation shall be provided for hearing convened during times other than the employee’s regularly scheduled work period.
(ii) All hearings shall be conducted in an expeditious manner, with the Chairperson retaining final authority to the rule on procedural matters or on other points affecting the length and conduct of the hearing. Legal counsel, court reporters and briefs shall only be utilized upon agreement between City and the grievant and shall not serve to delay the Panel’s decision beyond the prescribed time limit, except by mutual agreement.
(iii) The Panel shall be committed to resolving the grievance in an objective, timely and equitable fashion and shall not permit either party to engage in any presentation or line of an argument which detracts from this purpose. Moreover, the Panel shall not accept evidence not presented in Step 3.
(iv) No hearing shall be convened unless both parties have stipulated in writing to the issue or issues to be heard by the Panel.

Section 16.04 General Conditions
(a) Any time limit set forth above of this procedure may by extended by written agreement between City and the grievant or Association.
(b) Failure on the part of the grievant or their designated representative to comply with the time limits of this procedure or any extension thereto shall constitute a withdrawal of the grievance without further recourse to re-submittal under this procedure. Failure on the part of City to comply with prescribed time limits or extension thereto shall result in the grievance being moved to the next step of the procedure.
(c) The grievant shall be entitled to have a representative of his/her own choosing, except as provided above, present at any grievance meeting with City. (d) A representative of Association which represents the grievant’s position shall be entitled to be present at any hearing held in conjunction with Step 3 and Step 4 of Section 16.02. (e) The City Manager or his/her designated representative shall serve as the central repository for all grievance records.

Article XVII. RATIFICATION
Section 17.01 This MOU shall become effective December 236, 20231. (a) Unless mutually agreed otherwise by City and Association, Association shall provide City with its written requests on terms within the scope of representation for the period beginning January 1December 23, 20234 between August 1 and August 31, 20253. City and Association shall begin to meet and confer on or before September 1, 20253, unless mutually agreed otherwise.

FOR THE CITY OF MORGAN HILL FOR MORGAN HILL COMMUITY SERVICE OFFICERS’ ASSOCIATION
Christina Turner
City Manager
Date Nicole Yates
CSOA President
Date
Donald Larkin
City Attorney
Date Idalia Echegoyen-Young
CSOA Vice President
Date
Michael Horta Date Kodi De La Torre Date
Human Resources Director CSOA Negotiator
Dat Nguyen Date
Finance Director
Edith Ramirez Date
Assistant City Manager

Effective 12/24/2023
4% Increase for All Classifications
Position A Monthly A Hourly B Monthly B Hourly C Monthly C Hourly D Monthly D Hourly E Monthly E Hourly F Monthly F Hourly Animal Services Officer $ 5,511.88 $ 31.80 $ 5,787.48 $ 33.39 $ 6,076.85 $ 35.06 $ 6,380.69 $ 36.81 $ 6,699.73 $ 38.65 $ 7,034.72 $ 40.58 Community Services Officer $ 6,531.73 $ 37.68 $ 6,858.32 $ 39.57 $ 7,201.24 $ 41.55 $ 7,561.30 $ 43.62 $ 7,939.36 $ 45.80 $ 8,336.33 $ 48.09 Police Records Specialist $ 5,960.56 $ 34.39 $ 6,258.59 $ 36.11 $ 6,571.52 $ 37.91 $ 6,900.10 $ 39.81 $ 7,245.10 $ 41.80 $ 7,607.36 $ 43.89 Property/Evidence Tech $ 6,602.98 $ 38.09 $ 6,933.13 $ 40.00 $ 7,279.79 $ 42.00 $ 7,643.78 $ 44.10 $ 8,025.96 $ 46.30 $ 8,427.26 $ 48.62 Public Safety Dispatcher $ 7,932.88 $ 45.77 $ 8,329.52 $ 48.05 $ 8,746.00 $ 50.46 $ 9,183.30 $ 52.98 $ 9,642.46 $ 55.63 $ 10,124.59 $ 58.41 PSD Supervisor $ 9,394.53 $ 54.20 $ 9,864.25 $ 56.91 $ 10,357.46 $ 59.75 $ 10,875.34 $ 62.74 $ 11,419.11 $ 65.88 $ 11,990.06 $ 69.17 Records Specialist Supervisor $ 7,059.35 $ 40.73 $ 7,412.32 $ 42.76 $ 7,782.93 $ 44.90 $ 8,172.08 $ 47.15 $ 8,580.68 $ 49.50 $ 9,009.72 $ 51.98 Effective 12/22/2024
4% Increase for All Classifications
Position A Monthly A Hourly B Monthly B Hourly C Monthly C Hourly D Monthly D Hourly E Monthly E Hourly F Monthly F Hourly Animal Services Officer $ 5,732.36 $ 33.07 $ 6,018.98 $ 34.72 $ 6,319.93 $ 36.46 $ 6,635.92 $ 38.28 $ 6,967.72 $ 40.20 $ 7,316.10 $ 42.21 Community Services Officer $ 6,793.00 $ 39.19 $ 7,132.65 $ 41.15 $ 7,489.29 $ 43.21 $ 7,863.75 $ 45.37 $ 8,256.94 $ 47.64 $ 8,669.78 $ 50.02 Police Records Specialist $ 6,198.99 $ 35.76 $ 6,508.93 $ 37.55 $ 6,834.38 $ 39.43 $ 7,176.10 $ 41.40 $ 7,534.91 $ 43.47 $ 7,911.65 $ 45.64 Property/Evidence Tech $ 6,867.10 $ 39.62 $ 7,210.46 $ 41.60 $ 7,570.98 $ 43.68 $ 7,949.53 $ 45.86 $ 8,347.00 $ 48.16 $ 8,764.35 $ 50.56 Public Safety Dispatcher $ 8,250.19 $ 47.60 $ 8,662.70 $ 49.98 $ 9,095.84 $ 52.48 $ 9,550.63 $ 55.10 $ 10,028.16 $ 57.85 $ 10,529.57 $ 60.75 PSD Supervisor $ 9,770.31 $ 56.37 $ 10,258.82 $ 59.19 $ 10,771.76 $ 62.14 $ 11,310.35 $ 65.25 $ 11,875.87 $ 68.51 $ 12,469.66 $ 71.94 Records Specialist Supervisor $ 7,341.72 $ 42.36 $ 7,708.81 $ 44.47 $ 8,094.25 $ 46.70 $ 8,498.96 $ 49.03 $ 8,923.91 $ 51.48 $ 9,370.11 $ 54.06 Sunday, December 22, 2024

EXHIBIT A

COMMUNITY SERVICE OFFICERS ASSOCIATION SALARY SCHEDULES Sunday, December 24, 2023

EXHIBIT B

COMMUNITY SERVICE OFFICERS ASSOCIATION SALARY SCHEDULES

RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL ADJUSTING THE SALARY

SCHEDULE FOR MANAGEMENT, PROFESSIONAL, AND

CONFIDENTIAL EMPLOYEES (THIS RESOLUTION
RESCINDS RESOLUTION NO. 221-025009)
WHEREAS, the City Manager has presented to the City Council of the City of Morgan Hill a recommended set of salary ranges and benefits for the Management, Professional, and Confidential employees; and
WHEREAS, the City Council of the City of Morgan Hill has reviewed said recommendations;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morgan Hill as follows:

SECTION 1 - SALARY RANGES
A. Effective December 2624, 20231, base salaries for Groups 1-A, 1-B, 1-C, and 1-D, increase by 54%. See SalarySchedule attached as Exhibit A.

B. Effective the pay period including January 1December 22, 20243, base salaries for Groups 1- A, 1-B, 1-C, and 1-D, increase by 52%, or 2.5% if San Francisco Bay Area CPI for Urban Wage Earners and Clerical Workers for the twelve month period ending June 30 is higher than 2%.

See Salary Schedule attached as Exhibit B and Exhibit C.

C. Groups 1-A, 1-B, 1-C, and 1-D base salary ranges include the employee PERS contribution which is deducted frompayroll (See SECTION 3, E-H.)
SECTION 2-ESTABLISHMENT OF COMPENSATION AND JOB DESCRIPTIONS FOR GROUPS 1-A, 1-B, 1-C, and 1-D
A. The City Manager will establish the monthly compensation for the classifications in Group 1-A.

In order to attract high quality executive managers, foster job security within a professional climate, and provide the flexibility to remain competitive within the area job market, the City Manager has authority to enter into individual employment agreements with each executive manager; provided that the terms of the employment agreement do not exceed the total compensation permitted by this Resolution.

Employees listed in Group 1-A may receive a severance allowance as provided for in an individual employment agreement when they are separated in good standing from employment; provided that such separation is not for cause, or for reasons listed in Government Code 19572, or for any employee who voluntarily resigns from City service for personal reasons.

City of Morgan Hill
Resolution No. 23-
XXX Page 2 of 11

1. The City Manager shall establish an allowance amount, not to exceed six months’ salary, which is determined to be in the best interest of the city for the following executive classifications of the Group 1-A:

Assistant City Manager for Administrative Services*
Assistant City Manager for Development Services
Chief of Police
Public Services Director
*Currently Unfunded Position

2. The City Manager shall establish an allowance amount, not to exceed three months’ salary, which is determined to be in the best interest of the City for the remaining classifications of the Group 1-A.

3. This severance allowance is in addition to any unused vacation or administrative leave pay unused at the time ofseparation.

B. Each Department Director will recommend to the City Manager the proposed monthly salary to be paid to each of the employees whose classification appears in Group 1-B, 1-C, and 1-D.

Upon approval of the City Manager, the monthly salary will be set within the prescribed range for each classification. The City Manager has the authority to increase the monthly compensation for employees in Group 1-B, 1-C, and 1-D, by a maximum of 10% within the prescribed range each fiscal year based on each individual employee's performance.

C. The City will contribute 2% of an employee’s base salary to a City-sponsored IRS 457 deferred compensation program of the employee's choice per pay period at the time of hire, an additional one percent (1%) after 5 years of service and an additional one percent (1%) after 10 years of service. (ICMA or Empower).

D. When it is proposed by the Personnel Officer that a new classification be created or an existing classification be changed, the City Manager shall submit justification for approval of that action to the City Council and if that action is approved, the City Manager will have the authority to approve new and revised job descriptions.

SECTION 3 - CONTRIBUTIONS TO THE CalPERS RETIREMENT SYSTEM, GROUPS 1-A, 1-B, 1-C, and 1-D
A. For "Classic Members" as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA) and in theCalPERS retirementsystem:

1. Non-Safety (miscellaneous) employees listed in Groups 1-A, 1-B, 1-C, and 1-D will receive CalPERS retirement benefits under the 2.5% at age 55 plan.

City of Morgan Hill
Resolution No. 23-
XXX Page 3 of 11

2. Safety (sworn) employees listed in Groups 1-A and 1-B, will receive CalPERS retirement benefits under the 3% at age 50 plan.

B. For "NewMembers" as defined by PEPRA and in the CalPERS retirement system:

1. Non-Safety (miscellaneous) employees listed in Groups 1-A, 1-B, 1-C, and 1-D will receive CalPERS retirement benefits under the 2.0% at 62 plan.

2. Safety (sworn) employees listed in Groups 1-A and 1-B will receive CalPERS retirement benefits under the 2.7% at age 57 plan.

C. CalPERS defines a "NewMember" as:

1. A new hire who is brought into CalPERS membership for the first time on or after January 1,2013, and who has no prior membership in any other California public retirement system.

2. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system.

3. A member who established CalPERS membership prior to January 1, 2013, and who is hired by a different CalPERS employer after January 1, 2013, after a break in service of greaterthan sixmonths.

4. CalPERS refers to all members that do not fit the definition of a "new member" as a "classic member.”
D. Non-Safety (miscellaneous) employees: Beginning with CalPERS rates effective July 1, 2013, the City and Non-Safety (miscellaneous) Management, Professional, and Confidential employees agreed to split future employer rate increases at a 50/50 ratio. This methodology will be used in subsequent years should CalPERS increase the Miscellaneous contribution rates.

E. The Miscellaneous “Classic Members” shall contribute, in addition to the “Classic Members” rate of

8.0%, an additional 5.165% towards the “Classic Members”CalPERS contribution rate for FY 2021-

22. The total “Classic Members” employee contribution obligation shall be 13.165%.

F. The Miscellaneous “New Members” shall contribute, in addition to the “New Members” rate of

7.0%, an additional 5.165% towards the “New Members” CalPERS contribution rate for FY 2020-

21. The total “New Members” employee contribution obligation shall be 12.165%.

G. Effective July 1, 2022 miscellaneous employees will share the employer’s CalPERS contribution rate at 6.12%. The employee’s contribution towards employer’s share of pension cost will be capped at 6.12%. The City and employees agree to split any rate decreases below the FY 2022-23 employer’s CalPERS contribution rate of 28.77% at a 50/50 ratio.

City of Morgan Hill
Resolution No. 23-XXX

H. Effective pay period beginning June 26, 2022 (or as soon as administratively possible with CalPERS after June 26, 2022), all miscellaneous members (Classic and PEPRA) in the Management, Professional, and Confidential Employees Resolution shall share the employer’s CalPERS contribution rate at 6.12%.

I. Safety (sworn) PEPRA employees: Beginning with CalPERS rates effective July 1, 2013, at which time the City’s employer contribution PEPRA rate was 11.5%, the City and Association agreed that, beginning with CalPERS PEPRA rates effective July 1, 2013, safety (sworn) PEPRA employees would not pay less than 11.50% and would split future increases to the City’s employer PEPRA contribution rates, including both the normal cost and any unfunded actuarial liability at a 50/50 ratio. For example, the City’s employer CalPERS safety PEPRA obligation was 12.114% in FY 16-17 with the PEPRA employees’ obligation was at 11.50%.

Therefore, City paid half of the 0.614% increase over the base year City’s employer PEPRA cost of 11.50% (equal to 0.307%) and safety PEPRA employees paid the other half (also equal to 0.307%). This methodology has been used in each year subsequent to FY 2016-17 and will be used in future years should CalPERS increase the City’s employer Safety PEPRA contribution rates. The Safety PEPRA employees CalPERS contributions rate for 2021-22 shall be 14.709% (13.00% employee + 1.709% of the employer share). Effective July 1, 2023, Safety (sworn) PEPRA employees will share the employer’s CalPERS contribution rate at 1.02%.

Effective July 1, 2024, Safety (sworn) PEPRA employees will share the employer’s CalPERS contribution rate at 1.607%.

J. Safety (sworn) Classic employees: Beginning December 30, 2018, the City and Safety (sworn) Management, Professional, and Confidential employees agreed, Safety (sworn) Classic employees shall share the employer’s CalPERS contribution rate at 6.12%.in addition to employee CalPERS rate of 9.0%, a 6.12% towards the employer’s share of pension costs (i.e. the total safety (Sworn) employee contribution for FY 2019-20 shall be 15.12% (9.00% employee + 6.12% of the employer share). The total employee contribution shall remain at

15.12% for the Safety (sworn) classic employees during the term of the Morgan Hill Police Officers’ Association Memorandum of Understanding (MOU), which is December 30, 2018 – December 31, 2021.

SECTION 4 - HEALTH CARE CONTRIBUTIONS AND IRS 125 PLAN, GROUPS 1-A, 1-B, 1 -C, and 1-D
A. The City will contribute to the City’s medical and dental plans as follows:

1. For employees with family coverage, up to $2,178574.54/month in 20242 and up to $2,309703.27/month in 20253.

2. For employees with employee plus one coverage, up to $1,662982.32/month in 20242 and up to $1,7622,062.86/month in 20253.

3. For employees with employee only coverage, up to $831982.32/month in 20242 and up to $8811,031.44/month in 20253.

4. Employees enrolling in City health but not using the maximum amount available from

City of Morgan Hill
Resolution No. 23-XXX

the City for their premium category (employee only, employee + 1, employee + family) shall not be entitled to the surplus. Employees enrolling in plans whose cost exceeds the maximum amount available from the City for their premium category shall have the difference deducted on a pre-tax basis from their paycheck.

5. Employees who waive medical coverage and annually provide proof of alternate medical coverage shall be entitled to a taxable health in lieu payment of six hundred ten dollars ($610) per month.

6. If an employee waives medical and elects dental coverage, the employee will receive the taxable health in lieu payment of six hundred ten dollars ($610) per month but will pay the appropriate dental premium.

B. The City will continue to provide coverage under the Concern Employee Assistance Program.

C. The City will continue to offer an IRS Section 125 program.

SECTION 5 - GENERAL BENEFIT PROVISIONS, GROUPS 1-A, 1-B, 1-C, AND 1-D The City will comply with the requirements of the City Personnel Rules and Regulations and the Fair Labor Standards Act governing the use of taking and reporting time off work for management employees.

A. Holidays

1. The City will grant the following paid holidays to employees:

New Year's Day
Martin Luther King, Jr. Day
President's Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
One-half (1/2) day holiday to be used during the furlough period or on the last workday before the holiday.

Two floating holidays which must be used during the fiscal year.

2. Holidays are paid at a rate of eight hours of time off; employees on alternate work schedules must use additional leave balances to receive full pay on a holiday.

City of Morgan Hill
Resolution No. 23-XXX

3. With the approval of the employee's supervisor, employees may "float" holidays to another day within the same fiscal year provided they work on the holiday.

B. Sick Leave Accrual

1. Sick Leave credit for employees will be accumulated on the basis of eight hours of sick leave per month (96 hours per year).

2. The City will, at the end of each calendar year, pay each employee twenty-five percent of the unused sick leave earned that year unless the employee requests not to receive such a payment.

3. The balance of the unused sick leave will then be accumulated on an unlimited basis.

4. Upon retirement, 100% of the employee's unused sick leave balance will be credited to the employee's retirement eligibility. This amount would then be converted into time in service and added to the employee's retirement eligibility. (Reference - City contract with CalPERS, Section 20862.8)

5. Each employee may take 16 hours of personal leave time during the fiscal year which is charged against the current year's sick leave accrual.

6. The City Manager may negotiate establishing a leave "bank" with new employees at time of hire.

C. VacationLeaveAccrual

1. Each employee will be credited vacation on the basis of 120 hours per year for the first five years of City service. After five years of service, vacation will be credited on the basis of 160 hours per year.

2. The maximum accumulation of vacation will be no more than that earned for two three years annual accrual effective December 31, 2024 and two years annual accrual effective June 30, 2025.

3. Additional vacation accrual will not be provided until the employee's vacation balance drops below the maximum accrual limit as of June 30January 1, 2025 and July 1, 2025 in any given year.

4. The City Manager may negotiate vacation accrual rates and/or establish a leave "bank" with new employees at time of hire.

D. Administrative Leave, Groups 1-A, 1-B, and 1-C

1. Employees listed in Groups 1-A, 1-B, and 1-C receive and may use up to 72 hours of

City of Morgan Hill
Resolution No. 23-XXX

administrative leave with pay per fiscal year.

2. Administrative leave time for employees in Groups 1-A, 1-B, and 1-C will be available for one additional year if not used in the fiscal year that it was initially available. If, however, the administrative leave time that was carried over to the following fiscal year is not used during the second year, it will be lost at the end of the second fiscal year. In effect, the maximum amount of administrative leave time that may be available to an employee at any given time is 144 hours.

3. Effective July 1, 2016, new employees who are hired during any month other than July, will initially receive prorated administrative leave hours of six (6) hours per month depending on date of hire and the hours will be banked at time of hire (i.e. employees hired in the month of August would receive 66 hours of administrative leave because they will be working a total of eleven (11) months in the fiscal year). All regular, full-time employees will receive 72 hours of administrative leave each fiscal year following their hire date. Part-time employees have prorated benefits and their total administrative leave hours will be prorated based on their position allocation.

E. Leave Cash Out
Employees listed in Groups 1-A, 1-B, 1-C and 1-D may cash out up to 120 hours of accrued vacation, administrative leave, or a combination of the two, per calendar year.

Employees must make an irrevocable election by December 1 of each year for the following calendar year stating their intent to cash out and the eligible number of hours.

If employees do not request payment of the elected cash amount by November 1 of each year, Payroll will automatically cash out the amount designated by the employee on or after the pay period including November 1st.

F. Bereavement Leave
Management, Professional, and Confidential employees shall, per occurrence, be granted Bereavement Leave when a death occurs in the employee's or spouse's immediate family. For the purpose of this section, "immediate family" is defined as father, mother, brother, sister, spouse, natural or legally adopted child, step-child, in-laws, grandparents, and grandchildren.

Up to three (3) days of bereavement leave shall be granted when the death and service are within the State of California and up to five (5) days when the death or service is outside the State. Bereavement Leave usage shall not be charged against the employee's Sick Leave or Vacation Time. Employees may also use up to two (2) additional days of Sick Leave to supplement their allotted Bereavement Leave if other circumstances require absence during this time, subject to the approval of the employee’s supervisor and deducted from the employee’s other leave banks.

Special circumstances beyond this definition may be considered on a case-by-case basis and must be approved by the City Manager. This leave will not affect the twenty-five percent cash out of sick leave for the same calendar year.

City of Morgan Hill
Resolution No. 23-XXX

G. Professional Development
It shall be the philosophy of the City to encourage employees to attend classes, seminars, conferences, etc. which will enable the employee to develop professionally. Such attendance must be approved by the Department Director or the City Manager. The City may request employees who complete such a course to report or train other employees in the skills they have attained.

1. Tuition Reimbursement Program
Employees are eligible to receive tuition reimbursement of up to $3,000 per fiscal year for the cost of books and tuition for classes or courses beneficial to the employee's career development. All classes must be approved in advance by the Department Director or City Manager. Reimbursement will take place upon a successful completion or passing of the course.

2. Membership Dues
For employees listed in Groups 1-A and 1-B, the City shall provide a personal membership dues reimbursement of up to $1,200 per fiscal year for costs associated with joining and participating in Morgan Hill community service organizations such as Rotary or Kiwanis. Reimbursement of membership dues for community service organizations requires the prior approval by the Department Director or the City Manager.

H. Life and Disability Insurance
The City shall pay the premiums for short-term disability, long-term disability, and life insurance plans.

1. Life insurance levels shall be asfollowsfor the employees listed in Section 1:

Group 1-A $250,000
Group 1-B $150,000
Group 1-C $100,000
Group 1-D $100,000
This amount decreases when the employee reaches age 65, 70, and 75. The Life Insurance benefit will be paid to the employee’s beneficiary upon the death of the employee as outlined in the program documents.

2. Short-term disability coverage for employees shall be at the maximum rate of $1,384 per week based on 66⅔% of the actual weekly salary after aneight-day elimination period.

3. Long-term disability coverage for employees shall be at the maximum rate of $6,000 per month based on 66⅔% of the actual monthly salary after a 60-day elimination period.

I. RetirementMedicalPlan

City of Morgan Hill
Resolution No. 23-XXX

Upon retirement, employees may continue enrollment in themedical insurance plans provided by CalPERS without an interruption of coverage. Such enrollment will be contingent upon the employee meeting the requirements ofthe medical plans provided by CalPERS and paying the monthly premium to CalPERS at the employee's expense. It will be the employee's responsibility to make sure the insurance premium is paid to CalPERS before the due date.

Failure to do so will result in the employee being terminated from their medical coverage.

J. Special Assignment Pay
Special Assignment Pay may be granted to employees who have assumed, for an extended period, significant additional responsibilities outside their current classification. The request for special assignment shall describe the assignment, justify why it is to be performed by the designated employee, and give a specific duration for completion of the assignment with a start and end date. Special assignment pay is up to 10% above the employee’s normal pay rate. The special assignment and related compensation may be revoked at any time at the discretion of the Department Director, or the City Manager or designee. Special Assignment Pay will be requested in advance by the Department Director and authorized by the City Manager or designee, and then processed by the Human Resources Division. Special Assignment Pay shall be discontinued on the date originally identified for completion of the assignment, unless an extension of specific duration is approved by the City Manager or designee prior to the end of the original assignment end date. This pay will not be considered additional compensation as defined by the California Public Employees’ Retirement Systems (CalPERS).

K. Employee Uniform Allowance
Safety employees in Groups 1-Aand 1-B will be eligible for the following uniform allowance:

Chief of Police and Police Captain: $1,400
Police SupportServicesManager: $810
L. Work Schedule
The City Manager will establish the standard work schedule for employees. Based on the needs of the City, the City Manager may at his/her discretion, change the work schedules of employees at any time.

M. Auto Allowance
The City Manager may establish amonthly allowance forselected employees listed in Groups 1-A and 1-B who use their personal vehicles on City business. Based on the needs of the City, the City Manager may, at his/her discretion, change the auto allowance of employees at any time. The current monthly allowance range is $225 - $325.

N. Cell Phone Allowance
The City Manager may establish a monthly allowance for selected employees who use their personal cell phones on City business. Based on the needs of the City, the City Manager may, at his/her discretion, change the cell phone allowance of employees at any time. The current monthly allowance is established in Administrative Policy III019.

City of Morgan Hill
Resolution No. 23-XXX

O. Bilingual Pay
Employees identified by the City Manager/Department Head to use another language in their work and who are certified by the process described below shall receive the following compensation:
a. Employees shall receive a monthly stipend of $150.
b. The Certification process shall be completed by a provided contractor by Human Resources or a 3 person panel (established by Human Resources) to determine conversational competence. Employees shall be subject to recertification every 2 years unless waived by City.
c. An eligible employee may request to be tested for bilingual certification at any time and the test shall occur within a reasonable amount of time.

SECTION 6 -EFFECTIVE DATE
This resolution shall be effective December 26, 2021. Compensation shall be made available to only those employees covered by this section who are still employed as a Management, Professional, or Confidential employee with the City as of the effective date of this agreement.

As of the effective date of this Resolution, Resolution No. 21-025 shall be superseded and rescinded.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 157
th day of November 20231 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
____________________________ ___________________________ RICH CONSTANTINEMARK TURNER, Mayor
Michelle Bigelow, City Clerk

City of Morgan Hill
Resolution No. 23-XXX

 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-XXX, adopted by the City Council at the meeting held on November 157, 20231.

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

DATE: _____________________ ___________________________________ Michelle Bigelow, City Clerk

Job Classification
Bottom of Range
Monthly
Top of Range
Monthly
Group 1-A: Executive Management
Assistant City Manager for Administrative Services $18,011 $23,666 Assistant City Manager for Development Services $18,011 $23,666 Chief of Police $18,011 $23,666
Public Services Director $18,011 $23,666
Community Services Director * $15,885 $20,918
Development Services Director $15,885 $20,918
Economic Development Director $15,885 $20,918
Engineering and Utilities Director * $15,885 $20,918
Finance Director $15,885 $20,918
Housing Director $15,885 $20,918
Human Resources Director $15,885 $20,918
Communications and Engagement Director* $13,708 $18,013 Information Technology Director $13,708 $18,013
Group 1-B: Middle Management
Police Captain $14,678 $19,285
Assistant City Attorney $13,708 $18,013
Assistant Finance Director* $13,708 $18,013
Building Official $13,708 $18,013
City Clerk/Public Information Officer $13,708 $18,013
Deputy Director for Engineering $13,708 $18,013
Deputy Director for Utilities Services $13,708 $18,013
Housing Manager* $13,708 $18,013
Planning Manager * $13,708 $18,013
Program Administrator $13,708 $18,013
Assistant to the City Manager * $12,844 $16,848
Building Manager $12,118 $15,895
Economic Development Manager* $12,118 $15,895
Environmental Services Administrator $12,118 $15,895
Maintenance Manager $12,118 $15,895
Principal Planner $12,118 $15,895
Recreation Manager $12,118 $15,895
Senior Civil Engineer $12,118 $15,895
Senior Project Manager $12,118 $15,895
Budget Manager $11,206 $14,738
Communications and Engagement Manager * $11,206 $14,738 Community Services Manager * $11,206 $14,738
Environmental Services Manager $11,206 $14,738
Information Services Manager * $11,206 $14,738
Maintenance Manager $11,206 $14,738
Police Support Services Manager $11,206 $14,738
Public Services Administrative Manager $11,206 $14,738
Recreation Manager $11,206 $14,738
Supervising Civil Engineer $11,206 $14,738
Utility Systems Manager $11,206 $14,738
Accounting Manager * $10,431 $13,710
Financial and Policy Analyst * $10,431 $13,710
Police Administrative Manager $10,431 $13,710
Public Services Administrative Manager $10,431 $13,710
Senior Planner $10,431 $13,710
Senior Recreation Supervisor $9,921 $12,660
Community Services Supervisor $9,449 $12,057
Council Services and Records Manager * $9,449 $12,057
Deputy City Attorney * $9,449 $12,057
Economic Development Coordinator $9,449 $12,057
Emergency Services Coordinator $9,449 $12,057
GIS / Land Use Data Administrator $9,449 $12,057
Maintenance Services Coordinator $9,449 $12,057
Older Adult Services Supervisor $9,449 $12,057
Programmer Analyst $9,449 $12,057
Senior Human Resources Analyst $9,449 $12,057
Risk Management Analyst (.50 FTE) $4,505 $5,910
Group 1-C: Confidential Exempt
Administrative Analyst $9,007 $11,819
Legal Specialist $8,104 $10,663
Group 1-D: Confidential Non-Exempt
Accounting Technician $7,388 $9,429
Human Resources Technician $7,185 $9,429
Human Resources Assistant * $5,627 $7,361
Exhibit A Effective: December 24, 2023 * Currently Unfunded Positions

Job Classification
Bottom of Range
Monthly
Top of Range
Monthly
Group 1-A: Executive Management
Assistant City Manager for Administrative Services $18,912 $24,849 Assistant City Manager for Development Services $18,912 $24,849 Chief of Police $18,912 $24,849
Public Services Director $18,912 $24,849
Community Services Director * $16,680 $21,964
Development Services Director $16,680 $21,964
Economic Development Director $16,680 $21,964
Engineering and Utilities Director * $16,680 $21,964
Finance Director $16,680 $21,964
Housing Director $16,680 $21,964
Human Resources Director $16,680 $21,964
Communications and Engagement Director* $14,393 $18,913 Information Technology Director $14,393 $18,913
Group 1-B: Middle Management
Police Captain $15,412 $20,250
Assistant City Attorney $14,393 $18,913
Assistant Finance Director* $14,393 $18,913
Building Official $14,393 $18,913
City Clerk/Public Information Officer $14,393 $18,913
Deputy Director for Engineering $14,393 $18,913
Deputy Director for Utilities Services $14,393 $18,913
Housing Manager* $14,393 $18,913
Planning Manager * $14,393 $18,913
Program Administrator $14,393 $18,913
Assistant to the City Manager * $13,486 $17,691
Building Manager $12,724 $16,690
Economic Development Manager* $12,724 $16,690
Environmental Services Administrator $12,724 $16,690
Maintenance Manager $12,724 $16,690
Principal Planner $12,724 $16,690
Recreation Manager $12,724 $16,690
Senior Civil Engineer $12,724 $16,690
Senior Project Manager $12,724 $16,690
Budget Manager $11,766 $15,475
Communications and Engagement Manager * $11,766 $15,475 Community Services Manager * $11,766 $15,475
Environmental Services Manager $11,766 $15,475
Information Services Manager * $11,766 $15,475
Maintenance Manager $11,766 $15,475
Police Support Services Manager $11,766 $15,475
Public Services Administrative Manager $11,766 $15,475
Recreation Manager $11,766 $15,475
Supervising Civil Engineer $11,766 $15,475
Utility Systems Manager $11,766 $15,475
Accounting Manager * $10,952 $14,395
Financial and Policy Analyst * $10,952 $14,395
Police Administrative Manager $10,952 $14,395
Public Services Administrative Manager $10,952 $14,395
Senior Planner $10,952 $14,395
Senior Recreation Supervisor $10,418 $13,293
Community Services Supervisor $9,921 $12,660
Council Services and Records Manager * $9,921 $12,660
Deputy City Attorney * $9,921 $12,660
Economic Development Coordinator $9,921 $12,660
Emergency Services Coordinator $9,921 $12,660
GIS / Land Use Data Administrator $9,921 $12,660
Maintenance Services Coordinator $9,921 $12,660
Older Adult Services Supervisor $9,921 $12,660
Programmer Analyst $9,921 $12,660
Senior Human Resources Analyst $9,921 $12,660
Risk Management Analyst (.50 FTE) $4,730 $6,206
Group 1-C: Confidential Exempt
Administrative Analyst $9,457 $12,410
Legal Specialist $8,509 $11,196
Group 1-D: Confidential Non-Exempt
Accounting Technician $7,757 $9,900
Human Resources Technician $7,544 $9,900
Human Resources Assistant * $5,908 $7,729
Exhibit B Effective: December 22, 2024 * Currently Unfunded Positions

CITY OF MORGAN HILL

PART-TIME TEMPORARY AND SEASONAL EMPLOYEES SALARY SCHEDULE Salaries effective the pay period including January 1, 20243 CLASSIFICATIONS Bottom Step
Hourly
Top Step
Hourly

INTERNS
High School Work Experience Student $16.00 $20.00
Intern – College/Grad School $18.00 $35.00
High School/College Work Experience Student $15.50 $25.00

POLICE DEPARTMENT
Graffiti Abatement Worker $15.50 $17.00
Level I Reserve Police Officer Hourly rate for Step A Police Officer Level II Reserve Police Officer 90% of hourly rate for Step A Police Officer Per Diem Dispatcher Hourly rate for Public Safety Dispatcher Police Cadet – High School $15.5016.00 $186.00
Police Cadet –College (Fresh/Soph) $186.00 $1820.00
Police Cadet – College (Jr./Senior) $1820.00 $2125.00
Police Officer Trainee 90% of monthly rate for Step A Police Officer Reserve Officer Trainee $15.5016.00

TEMPORARY AND SEASONAL
Administrative Specialist $22.00 $35.00
Building Coordinator $2022.00 $27.00
Clerical Assistant $19.00 $26.00
Communications Technician $15.50 $32.00
Deck Coordinator $2224.00 $32.00
Environmental Services Specialist $20.00 $35.00
Facility Maintenance Assistant $20.00 $35.00
Fire Plans Examiner/Inspector $35.50 $45.00
GIS Analyst $30.00 $40.00
Government Access Technician $20.00 $30.00
Lifeguard $16.7517.50 $25.00
Lifeguard - Lead $2022.00 $28.00
Maintenance Worker Assistant $18.00 $285.00
Recreation Instructor $15.7516.50 $52.50
$52.50 Recreation Leader $16.5017.00 $25.00
Recreation Specialist $182722.00 $35.00
Retired Annuitant $20.00 $100.00115.00

City of Morgan Hill
Resolution No.

Senior Recreation Leader $1920.00 $26.00
Special Projects Coordinator $18.00 $50.00
Swim Instructor $16.5018.00 $26.00
Swim Instructor - Lead $2022.00 $27.00
Welcome Desk Coordinator $2022.00 $27.00
Welcome Desk Representative $16.5017.00 $25.00
Other Part-Time Temporary or Seasonal positions may be tied to the Salary Schedule forthe Bargaining Units which are not listed above. The above list only includes those part-time and temporary positions which are frequently used or are not contained on a bargaining unit salary schedule.

As of: July 1, 2021
Job Classification Bottom of Range Monthly Top of Range Monthly Annual Maximum Elected Officials
Mayor - $834 $10,008
Council Members - $313 $3,756
City Treasurer - $200 $2,400
Appointed by the City Council
City Manager - $21,414 $256,966
City Attorney - $21,289 $255,473
As of: July 1, 2021
Ammended December 15, 2021
Job Classification Bottom of Range Monthly Top of Range Monthly Annual Maximum Elected Officials
Mayor - $834 $10,008
Council Members - $313 $3,756
City Treasurer - $200 $2,400
Appointed by the City Council
City Manager - $24,197 $290,367
City Attorney - $22,780 $273,356
Compensation for elected officials per City Ordinance No. 1780 and Council Resolution No. 5235

CITY OF MORGAN HILL

ELECTED OFFICIALS AND COUNCIL APPOINTED/UNREPRESENTED/EXEMPT EMPLOYEES

SALARY SCHEDULE

Job Classification Bottom of Range Monthly Top of Range Monthly Annual Maximum Elected Officials
Mayor - $834 $10,008
Council Members - $313 $3,756
City Treasurer - $200 $2,400
Appointed by the City Council
City Manager - $26,036 $312,435
City Attorney - $24,511 $294,131
Compensation for elected officials per City Ordinance No. 1780 and Council Resolution No. 5235

CITY OF MORGAN HILL

ELECTED OFFICIALS AND COUNCIL APPOINTED/UNREPRESENTED/EXEMPT EMPLOYEES

SALARY SCHEDULE
As of: July 1, 2022

Job Classification Bottom of Range Monthly Top of Range Monthly Annual Maximum Elected Officials
Mayor - $834 $10,008
Council Members - $313 $3,756
City Treasurer - $200 $2,400
Appointed by the City Council
City Manager - $26,635 $319,621
City Attorney - $25,075 $300,896
Compensation for elected officials per City Ordinance No. 1780 and Council Resolution No. 5235

CITY OF MORGAN HILL

ELECTED OFFICIALS AND COUNCIL APPOINTED/UNREPRESENTED/EXEMPT EMPLOYEES

SALARY SCHEDULE
As of: July 1, 2023

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

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager

APPROVE SECOND AMENDMENT TO MISSION LINEN SUPPLY

SERVICE AGREEMENT

RECOMMENDATION(S)

1. Approve the Second Amendment to the Service Agreement with Mission Linen Supply for a fourth year of services for $20,000, for a total contract amount of $80,000; and

2. Authorize the City Manager to execute and administer one additional one-year extension of the Service Agreement subject to future budget appropriations.

COUNCIL PRIORITIES, GOALS & STRATEGIES
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to consider a Second Amendment to the City's Service Agreement with Mission Linen Supply for mat, linen, and towel rental services provided to the City's Police Department. The City has contracted with Mission Linen Supply since March 2020 to provide weekly or semimonthly (every two weeks) mat, linen, and towel services to the City's Police Department. The current agreement expires on December 31, 2023.

In October 2019, the City released a Request for Proposals (RFP) for mat, linen, and towel services at the Centennial Recreation Center (CRC), Community and Cultural Center (CCC), Corporation Yard, and Police Department. Two proposals were received:
one from Mission Linen Supply and one from Unifirst Corporation. Both proposals were incomplete. The UniFirst Corporation proposal did not include pricing for towels, which are required by the Police Department. At the time of the RFP, Mission Linen Supply was the City's mat, linen, and towel provider, but did not complete the required responses to the narrative questions in the proposal, and therefore, it was deemed incomplete.

7 In the best interest of the City, both proposals were rejected per the RFP process. Per the City's purchasing policy in Municipal Code Section 3.04.250, if proposals are rejected in the best interest of the City, the City Manager may thereupon direct that proposals be solicited, or that other purchasing methods be utilized as set forth in the purchasing code. As a result, staff negotiated with UniFirst Corporation to provide mats and linens to the Centennial Recreation Center (CRC), Community and Cultural Center (CCC), and the Corporation Yard because the pricing was lower than Mission Linen Supply's. Secondly, staff negotiated with Mission Linen Supply to provide mats, linens, and towels to the Police Department as towel service is required by the Police Department.

The original amount of Mission Linen Supply's Service Agreement was $40,000 for two years. A First Amendment was executed for an additional $20,000 for the third year of service increasing the agreement amount to $60,000. With the approval of this proposed Second Amendment, the total amount of the agreement would be increased by an additional $20,000 for the fourth year of service, increasing the total amount of the agreement to $80,000.

COMMUNITY ENGAGEMENT:

Not Applicable
Since mat, linen and towel services are a regular and expected City service, no specific engagement activities were conducted to inform the community about this proposed contract amendment.

ALTERNATIVE ACTIONS:

The City Council could decline to approve the Second Amendment, and instead direct staff to proceed with a request for proposals (RFP) for mat, linen, and towel services for the Police Department. Since Mission Linen Supply's service agreement expires on December 31, 2023, the City Council could authorize an extension of the contract to allow staff time to conduct an RFP process, and have a new agreement in place by mid 2024. This is not recommended as maintenance staff continues to be satisfied with Mission Linen Supply's service and does not believe that an RFP would result in improved pricing.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council has previously not taken action on this contract as the original amount of the contract was below the $60,000 threshold requiring City Council approval.

FISCAL AND RESOURCE IMPACT:

This contract is budgeted and will be funded by the Police Department's Maintenance budget (Fund 740-Police Dept. Maintenance Services). The Second Amendment would add $20,000 for the fourth year of service to the agreement for a total service agreement amount of $80,000.

7 CEQA (California Environmental Quality Act):

Not Applicable
This action being considered does not constitute a "project," within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect change in the environment.

1 SECOND AMENDMENT TO AGREEMENT

MISSION LINEN SUPPLY
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 MISSION LINEN SUPPLY, a California Corporation ("SERVICE PROVIDER"), 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 “Service Agreement” made as of March 20, 2020, for services for a maximum compensation of Forty Thousand Dollars ($40,000.00) (“SERVICE AGREEMENT”).

3. The CITY and SERVICE PROVIDER entered into a “First Amendment to Agreement” made as of September 8, 2022, under which the maximum compensation under the SERVICE AGREEMENT, as amended, was increased to Sixty Thousand Dollars ($60,000.00) and the term was extended. The 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 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 March 20, 2020, until December 31, 2024. 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."
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 EIGHTY THOUSAND DOLLARS ($80,000.00) 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 the extended term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for the immediately preceding prior year of service.”

2 2. 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.

3. Conflicts. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the SERVICE AGREEMENT or any earlier amendment, the terms of this Second 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: CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Christina Turner, City Manager Date: Date:

APPROVED AS TO FORM: MISSION LINEN SUPPLY
Donald Larkin, City Attorney By:

Date: Title:

Date:

Print Name and Title of Signer.

If Corporate: Chairman, President,
or Vice President
By:

Title:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer, or
Assistant Treasurer

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708B78

FIRST AMENDMENT TO AGREEMENT

MISSION LINEN SUPPLY
This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on 9/8/2022 (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and MISSION LINEN SUPPLY, a California Corporation ("SERVICE PROVIDER").

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 HIii Municipal Code.

2. The CITY and SERVICE PROVIDER entered Into that "Service Agreement" made as of March 20, 2020, for services for a maximum compensation of Forty-Thousand Dollars ($40,000.00) ("SERVICE AGREEMENr). The SERVICE AGREEMENT is attached as Exhibit a1" to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the 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 March 20, 2020, until December 31, 2023. The City Manager is authorized to extend the term of this Agreement, provided the compensation does not exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code. 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 SIXTY-THOUSAND AND NO DOLLARS ($60,000.00) 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 for up to one year 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 the extended term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the initial term of this Agreement."
1 EXHIBIT 1

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708878 C. Paragraph 5.1 shall be added as following:

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 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 payments.

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 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.

Date: 9/8/2022
atd��1City Attorney
Date: 9/7/2022
2 CITY OF MORGAN HILL
���"-"" W'lSOM "stinacsT�er, :tww.r
City Manager
Date: 9/8/2022
By:

Title:

Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Date:�: J .s I J.c,__-,_
By:

Title: Too� Mane H50 , C .Ea
Date:

Pri Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
(� / ,._ s 1 '),, i) J.-).__

DocuSign Envelope ID: 387 A7D9C-A67C-4188-AD55-167 A70708B78 EXHIBIT 1

SERVICE AGREEMENT
Mission Unen Supply
THIS AGREEMENT is entered into and becomes effective on �\ ic\ "Z-0 (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Mission Linen Supply. a California corporation (•SERVICE PROVIDER1 hereinafter referred to collectively as •parties: In consideration of the promises and the mutual oovenants 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 December 31, 2022 at which time SERVICE PROVIDER'S sQf'ViCes 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. Seppa of Serylca. The services to be performed by SERVICE PROVIDER shall be Mats and Linen Services as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $40,000.00. Total compensation to SERVICE PROVIDER under this Agreement during its Initial term &et forth in Section 2 above shall not exceed Forty Thousand dollar& and shall be billed based on the rate and basis set forth in Exhibit 8. If the City Manager extends the term of this Agreement for up to one year 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 CONSUL TANT during that extended tenn period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount In a \Nl'ltlng signed by both Parties to this Agreement and provided further that In no event shall such maximum compensation allowed for the extended tenn exceed 105% of the maximum compensation allowed to be paid to CONSULTANT for one year of service during the Initial tenn of this Agreement.

4.2. Billjng. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and Itemized descrtptlons of all services perfonned and expensa& incurred (if sooh 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 CllY addressed to the department head or project manager identified below In Section 14 Notices. Payment 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 expe11$8s (if so provided in Exhibit 8) 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 lncun-ed 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 PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, Updated
1 July 2019

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708B78 SERVICE PROVIDER lhaU submit to CllY an itemized sf81emant of services perfonned for which compensatiOn ha not been pakl. CITY may requi'e SERVICE PROVIDER to complete certain work product addftlonal
or documents
compenaallon
and SERVICE PROVIDER shall delver to CITY ell documenl& in Is pPSaeaion without to SERVICE PROVIDER. l1te CITY Manager of CITY Is authorized to terminate lhla AGREEMENT, In wl1ale or In part, on behalf of CITY.

8. Perfonnance of Work. SERVICE PROVIDER represent, tha.t tis quaflfild 1,/ virtue Of experience. training, education, and e.icpertise to accomplish 1heea �-8ervicas ahaU ba perfonned by SERVICE work,
and

PROVIDER
skllmceiclsed
SSMCE
fn 8CCOldaneewifh
PROVlDER c:ertlffel
byqualifild membera
pror.slonll
that
ct1heSERVICE
1ha work
practices in a
conforms

PROVIDER'S
manneraonslstentwllh
1D the requlrementS of this AgJaement and
pofealan.
a level
By delivery of
ofcara. cornpel8nce
complatad
all
applcaibla federal, 9ta1e and local laws. SERVICE PROVIDER ahall perform al work and services undec' this Agreement
hereto
In conformancawttfl1tl•tlmellChedUleeetforlhon echlbttC. "Schadl,leof Performanca,•atblched and fncorpOiated hetein by 1his � CfTY's Cily lftanager is aulhorlzed on behalf of CITY to modify the tlmeltames Nt forth on the Schedule of Perl'omlanoe wHNn the f8fm of 111a Agreement. If

SERVICE

SERVICE
PROVIDER cle,ff91 to leave or store lff/ of SERVICE PROVIOER'sequlpmentat a CITY sftewhlla PROVIDER Is performing wal1c or NrVice pursuant to 1hfs AQraament. SERVICE PROVIDER wil first obtain the cxmaent of CITY's City M..wger. or his/her delagll(e. to do so, and any auch ltorage shall occur only in the manner end location allowed by such CITY official and entif8ly at SERVICE PROVIOER's isolarlak.

7. Hazardous Materiats. Without limltlng 8lff other NiqUlremant ar obleallon of SERVICE PROVIDER under
hazardou&
this Agreement; If SERVICE PROVIDER needs to \II& 8ny matarial or cllemical ClOlllldered to be a to fuDy and
mateiial
1fmely abide by
under any
and
federal.
comply wflh
slate or
ell laws,
local ·1aw.
regulatlons and pOliciea ragu1alfon or policy,
pertaining

SERVICE
to the

PROVIDER
uee, transport.
agrees
commenoament Gf WOik or services under
removal, banding, dtaposal or other actfvly relatad to llf'f and al 8UCh matl9llala or chemicals. Prior to this� SERVICE PROVJDER shall provide CITY wilh •
complete ht of the hazmdoul materials SERVICE PROVIOEft l'1NIIIOffllbly anllc1pates l may need to use to provldathe
quantities ·111ereot.
aeNIDes of
if requested by

SERVICE PROVIDER
CITY.
under this Agn,ement, 1DgethetWilh lhe reasonably anticlpat8d cover
coverage

8. the
ln,urance
activities
required
Requirements.
by
of
thls
SSMCE
sectiOn

PROVIDER,
in

SERVICE
the form of certlfieales and endaraernentl. The
inolUding

PROVIDER
11s subcontr8clors.
ahaD procure and l"owtde
requlrad
proof of the
in&urance
insUrance
must
_
employees
_,.
and agents. relating to
or arising from the performance of aoy work or service under this Agl8emMt. and must reme in full bee and effect at an timee dumg1ha.perJod covered bY this Agreemarit. The coverages may be ananged under a alngle pollcy for h full 11mfta requlfflt or by• comblndon of u.ndel'lylng paQclu with the bale.a pravlded by ac•a or-utnbrela• pollclN. provided .aoh audl poll'cy compD• wftllthe requlNtnenta eet rarth helaln. SERVICE PROVIDER flM'ther 1111dal9tancla ltlat111e CRY 188■'"8 the right fD modify the lnlluranoe 111qulrementa Ht l'ol'th herein, wllh tlibty CaG) dqJi nOltce pl'O'Vldad to SERVICE PROVtDER. at any ......... necessary to prollct the rn1a .... of Iha CITY. s.1. tnsunms,Jvm IQdAmounta.

8.1.1. CqmmerdalGenatf f 1pljily lCGU. SERVICE PROVIDER lllaU maintain CGL agatnet ctaine and labtutlas for personal Injury, death, or propertr damage providing protedion In 1he mlnimlffll amount or: (i) one mllllon dolans (S1 ,000,000.00) combined u,gte lim!t fOr any one acctdent or oc=nence, or (i) the maxtmum amount of 81.ICh InllUl'8flC& available to SERVICE PROVlDER under SERVICE PROVIDER'• combined Insurance Policies (fncludlng any excasa or-Umbfe1ta• po11r:1es), whlohtMr is gr98tar. t.lpcllladJlkf20III
2

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708878

8.1.2. Automablle Liablily. SERVICE PROVIDERshatt maintain Aulamoblle Uabltly coverfng all owned. nan-owned and hired automobllei
8U1a1110b11es.
(If SERVICE �OVIDER ·does not own
then SERVICE PROVIDER shd maintain HlredlNon-ownect Automobile Liability) against claims and Rablltles for peI11a11al
)Jl'OVidtlg prot8Ctian
Injury, dealt, or property damage
In 1he minimum amount of: (I) one mlllDn dollars
combNd
($1,000,000.00}
slnale llml for any one accident« occuminoe. or (I) the maximum amount of
c:ambrned 1naunmoe
such fnllnnae avallable to
pallclea (
SERVICE PROVIDER &Bider SERVICE PROVIDER'8
lnckldtng any 8X08l8 or "Umbrella. pollcfee), Whichever isg188l8r.

8.1.3. Wprkera' CamD8fHllpn lnsuram;e apd Emptayen Uabilily. SERVICE PROVIDER amaunt ot.
lhal malnlMI Wortcera Compm...UOn coveraga, • raqund by law, tn h mnlmum (I) one mfllon dollars ($1,000,000.00) for any one aocldent or occurrence, SERVICE or(i)Ule.mmcimum amountof ludl insurance11V1111ableto SERVICE PROVIDER under PROVIDER'& combnld lnswance policlal fll'ICIUding any exoesa or "umlnW palcles)

SERVICE PROVIDER
, which4Mlr ii greater. 'If SERVICE PROVIDER Is self..fnsuted, shall provide 11B C8rtiflcale of PenniRlun to Self-lnllure. duly aulhorbd 1,/flle Deparllilenlof Industrial Relaliorw.
8-1.4. Potlutior; {Enyitpnmentan Liability_ If the petbmanca of SERVICE PROVIDER'S WOiie dfsposal
or service under this Agreetnent lnvalvH hazardous mMBriala, c:ontaffltnllle soil , andfor a ri8k Of accidental n9leal8 of fuel ol, chemlcala ar other toxic gaw or hazan:loull materials. SERVICE PROVIDER shal PfflCLl'8 and malnlaln Polutlon anwonmental
Liabllily covering Iha confndot's liablllly for bodly WWY, propelty damage and damage raaulting from pollution and ralated alaanup eosfa alsfng aut o1 lhewarkoraeiVicesto beparformed underthl1Agraement.. Coveraaeatlall be provided far bolh 1IIGlk pe(formed on alte, •• wet1 aa durqa tr. transport of hazardous materials.

Such coverage shall be In the mlnfmum amount of. (i) ana mHon doUals ($1.000,000.00) for any one accident or OCCUffllnCe. or fnl the maximum amount of such tnsumnce evallable to SERVICE PROVIDER under SERVICE PROYIDER's combined inlurance poHc:iell fll'lduding any exa,sa or •umtxe11a• pollcles) , whlahevef
iaa-eallr.

8.1.5. Pmr-,lonal Lfablily.

Agraen
B.1.5.1. If the performance of SERVICE PROvtDER's work or serv1ae undllf thlll iant: lrwolvea professional and/or technical� (ma1J111(N lnelude, but are not lmft8d to, an:hhds. engineers. land survayot8, and appralse,s) PROVIDER .... ptOC&n and maintain either a Clalma made oroa:unenc:e , SERVICE
Errara aid
Omission llabfllr NUn1nC11 In the minimum amount or: (I) one rnlion dOtlllfa ($1,000,000.00) each dalm, or (ii) the maximum amount of IIICh ins1nnce available to

SERVICE
(lndudlng
PROVIDER under SERVICE PROVIDER'• combined � pollclas
any ltXCIS8 or "umbnlW pofldes), whichlwer is glllllar. Fln'lher, If SSMCE written CMdlnCB' of
PROVIDER maintains a clalmtMnacle poll�. SERVICE PROVIDER lhaR pn,vide completion
sueh fnsuranoa to the CITY - at INlt fiVe (5) � aftar Iha �work paformed under thls Agreement.

8.1.5.2. If the performence of SERVICE PROYIDER's 'MJl1c or ll8rVk:e under 1tis Agreement relates to lnfDnnatlon Technoklgy or ralaled aervlcea (examples Include. but ant not�to coq,ut8r pmgnlfflffl81'8, aoftwlodellgnln, hnwlllll englnan, or GChar' ayltems oonsultant.). SERVICE PROVIDER shal procure and maintain a Upclllell.,.,:l!Ot.
3

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708878 8l8lch, in the
clairna made Emn and Omi1dan &abllly fnl� Including Cyber Liabilily and Data ninlrnum amow-ct ot. (I) one mllion daln ($1,000.000.00) each claim, under
or (B) 1ha

SERVICE
maxinlum
PROVIDER's
amount of 8UCh Insurance avallabla to SERVICE
comblnad lnlurance palcies (incJuding

PROVIDER
any eXC1A or
•wnbralla" polldea), whichever Is graater.

8.1.8. Sexual Abuse/Mplestatjon Liability CSMLI; tf thlt pe,fonnance of SERVICE

SERVICE
PROVIDER• work ot service under this Agreement lnvolvel contact wi1t1 mna, lnllnnCe In the
PROVIDER shall proctft and maidail Sexual AblJN and Mo1eSta1on minimum amount of: (J) two hundred thousand doln ('200,000.00) each clam. or (I) tha maxinun amount of u:tl lnsU1ance .,..,._ fD SERVICE excaaaar�
PROVIDER under SERVICE PROVIDER'a combned fnaurance l)OliCies Ch:ludlna any polldaa), whlchcvet•a,.......

8.2. Enftrllm!nla.
lilted for each paOcy
Sl:RVICE PROVIDER ehaD pmvlde ptaof of 1he follow1ng endorNment&, forwlllch endorlementll are required.• oulllned bakM:

8.2.1. General uabllity and poUution fiabillty {when poQution llabflity applies).

8.2.1.1. oftfcer9.11Qe1118.

The City
emplc,,w,
of Mcqan Hill. ltB elactad QI' appalnlad � bDards, aganaea. and volunteers are named• 9ddlional lnluAlds;
a.2.1.2. lhe ln8ll'8f' walva the right of IUbrogat1on agalnll Iha City of Morgan Hil and the crrra etacl8d or appalnlad afflclala, boanf1. 8Q8nCiN. officel's, agenlll. employeaa, and volunlNrl; and.

8.2. 1,3. (naurance lhall be pgnary non-oonblbuti�-

8.2.2. Wcngm Cqmpengllon.
accea to or adiVlty on ar,y prapelty
ff the pafDnnanoe of CONSULTANT'S wark or aavfoa Underthll Aglaamn Involves or pnimlalB owned ar OCCUplad by lhe CITY,
Including, bUt not llmfled to, OONSULTANT'S preaanaa during alta vllla and rnaalings. then inarer waiVes the right fl subrogation lgainst the City of Morgan- H■ and the CllY"1 elected or •ppmlld ofllCialg, board8, agenc:iall, Gfflcn. ael!f'IIS, employee■, and volunlaara.

8.3. Qullllficatlon of lnsur:m. Al imnnnce naqufred ptnUantto 1h18 .Agreement must be issued �
bulinesl
a company licensed and admitted. or ollerwl9a legally 8Ulhorizad fo cany ad Insurance annglh rating
in U.State dCllllrornla, and aad,-lnaullll' must have a c:unntA.M. Basfs lnandal �•A• or better and a flnandal 8ize rating of "VII• or baler.

8.4. c..tlffcatp.. SERVICE PROVIDER lflallfumfllh CITY of Margan Hillwllh mpies of aU Pot1Ciea or Oll1llcalls • autlinad
MJjec:lto1heSERVICE
herein, whedw new or rnodffled, pron,1111, upon receipt. No PolicY PROVIOER'eqreementWlhlhe CITY ehal beoanoeled otmalel1aly renewal
chaliged
C81tfflcat91�
except after thirty (30) � nDtlGlt by 1he fnlurwl' to CITY. Certfflcalel, fncludfng may be malad � ID ,1mmrnt0roomaobll1-ca,p or delivered
to the Certilica Harder address provided herein
UpdlillldJl!ly2019
4

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708B78 Cerlfflcate Holder addras&:

City af Morgan HDI
Attn: Risk Management
17675 Peak Avenue
Morgan HiD. CA 95037
e. Non-Liability ot Qffklals aqd Employees of me cny. No officlal or employw of CITY shall be personally llable for any default ar Uabllity under 1hls Agreement.

10. �plfance with Law.

10.1. Wilh
SERVICE PROVIDER and 11s
an applfceble laws, crdinanGas,
afficn,
admlnlslrative
employeel,
ragulalfons.
agents. and •ubcontnlctors
and� requiremenls
�an comply
in
carrying out 1helr obllgalons under thts Agreement. SERVICE PROVIDER and lls officers, ,employees. agents. and aubcontractars covanant theNl 81111 be no disclimlnatlon baled upon ffl8l1fal
race, aolar.
dlsabilky,
ereed, religlon. gander, martal status. aga, aexuaJ orten1a1Jon. nallOnal GrigB1, phyek:al dlsabllty. medJcat oandillQn, or aasby, Jn any activity punwant to this Agreement.

10.2. Campliance with Wege and Hour Laws:
employs
SERVICE PROVIDER, and eny aubc:o111b&1ur it
IDmmplel& WOf1{ undarttis Agraamant, &hall comply with all applicable flldaral, a1a1a and lacal wage and hour laws. ApprlCllble laws may fndude. but.,. natflmited to, the Fedaral Fair LalJor standards Act and the Callfomla Labor Code. dedsion,
Final JUdQtnelds. Dectslona. and Ciders: For purpoaee of this Sedlon. a "final judgment. appaal has expired. Relevant
or order" _,. to one tbr whk:h alf appeals have bean exhaualad or the time to Oepattrnent of Labor, tha Calif'Dmla
Investigatory
Divi8lon of
govammenl
Labor Standanls
agenc:les fncfude: the federal
Enra� or any olhar
go,iamme11lal entity or dlVlslon tasked wfth the Investigation and anlarcement or wage and houtlaws.

Prior Judgments against SERVICE PROVIDER and/or Its suboal dnlc:tin; BY SIGNING THIS AGREEMENT, SERVICE PROVIDER AFFIRMS THAT rr HAS Dlsct.OSB> ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY

GOVERNMENT AGENCY FINDING-IN THE FIVE (S) YEARS PRIORTO EXECUTING THIS AGREEMENT - THAT SERVICE PROVIDER OR ITS SUBC0NTRACTOR(S) HAS Vl�TEDANY APPUCABI E WAGE AND HOUR LAWS. SERVICE PROVIDER FURTHER

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

AgtaeMent. a court
Judgments or Dec16ione During Term of ConCraat If at any time during Iha tam ol 1hla or i(WeStigatory gcwemment aganc:y ll8uea e flnaJ judgment, declalon or orderflndlng1hatSERVICE PROVIDER oranyaubcontraatoritemplgysl'Opetfalmwortt Lllder this AQnN,ment haa viotatad
teams fA
any applicable wage and hour IIIW. or SERVICE PROVIDER
aUCh a Judgment, deelslon, or order that was not prevloualJ dllClosecl. SERVICE

PROVIDER
decillon or
shall infarm the Cly AtlDrney, no mora than fltlNn (1$) dayl after the Judgment order becomaa final or of leamtng of the final Judgment. dliciliora or order.

Judgment.

SERVICE PROVIDER
clacfllcm,
and Ha subcontractors.eheJI promptly allafy and camplyWlh any sum or Old•, and ehall provide the City Atramey wl1h docunentaly evidence Updtillll.MJ20'II
5

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708B78 of compliance with the final judJmert. dec:ision or order within five (6) c:taye of Ntillying the final Judgment, decision or order. CllY J'8l8IV8S the J1ght to require SERVICE PROVIDER to entEr Into an agreement with CITY n,garding the manner In which any IUCh final Judgment. decision, or orcf• wlll be utisfied.

City's Righl m Withhold Payment VVhet8 SERVICE PROVIDER or any subcantrada' It "99
eq,lays to perform work undar1ha �ent has been found in wlo!ation of any applicable CITY rasarves the right tD withhold payment to
and hour laW bY • final judgment, dqcision or order of a COi.it or government �.

SERVICE PROVIDER ootil such Jucfgmert.
declllon or Di'der" has beet, '8Hsfied in ful.

Mlllerial Breach: Failure to comply wlh any part of this Sec:tion constilutel a material bleach. of thitl Aglaement. Such breach may ww • • basis for kmledlate termination of Uris AgnMM'1181'1t andfar any o1Mr remecles avaUable under this Ag18$11N111t andfor law.

Notice to Cly Related to W8ge Theft Pnwentton: NOlioe pnwldad to the City Al1Dmey as Peak Avenue.
raquinld under th._ Section shall be 8ddra8sed tQ: City Anomey, Cly of Margan 1-111, 17575 Morgan HII, 'CA 85037. The Notk:e provisions of this Section 819 eeperalefi'Om any other' notice provlalOnS 1n thlB Aglll8fflef1l and, accordqly, a,ty nolce Pfl)V1ded to the above address ..Usfies 1he nollce requlrementa In this Section.

11. Independent Contractor. SERVICE PROVIDER Is an independent contractor and not an agent or employee of CITY.

CITY or prepared In

12. Conftdenflalltv. All dala, documents, or other lnf'onna1k:K1 recetNd by SERVICE PROVIDER from conflmtntlalandshallnot.becfl8CloaedtoanythirdpartybySERVICEPROVIDERWithoutpriorwrittenconsent connection. wlh SERVICE PROVIDER'S S8fViceS under thia Agreement 8111 deemed 1,/CITY.
or appearance of

13. ponflk;t of
contllct
lnbpqat
of lnlianfll
and BM9dlnp.

In performance

SERVICE
of thla

PROVIDER
Agreement
lhaU at all timet avoid conflict of intermt
adcheS.
14, Notlgf. l'he89 AN naUces lhal be J)8nlOnlllly de1iVered ar mailed, via first clBSS md to ttle belaW listed edd..-llhall be LISed fDr delvery of sarvrce of process. Natlcea shall b8 eff'edlWI fiYe (') days after data of malling, or upon dala of pet80fl81 daf'lvery.

Address of SERVICE. PROVIDER is as followe:

Mlsslcm unen suppiy
319 Karn Streat
Salnae, CA 83905-2508
Address of crrv is as follows:

Maintenance Coaninator
en, d Morgan HNI
17576 Peak Avenue
Margan HIii. CA 95037
wi1h a �PY to:

CilyClerk
Ctty of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Updllad.llq2011
8

DocuSign Envelope ID: 387A7O9C-A67C-4188-AD55-167A70708B78 Ucense,

15. Ucepses,
all permits
Permits
and Uc:enaaa
and F
to Iha extant.required by
ees. SERVICE PROVIDER lhall
ordinances.
obtain
codas and
a Cly
ragulatlanaofthefederal,
of Morgai, HIB Business
stafeand

18. CO
local
NBU1..JANTI
gcNernllld.

Pn,aq.al. If appllcable.1hls Agreementshal fndude CONSULTANrS proposal or bid which 1l tnco.pu1:alad herell. In 1he event of 111Y fnconslstenCY � the terms ti 1he proposal and this Agreement, thls Aareem_ent shall govem.

17. Maintenance of Records.

17.1. Malnla.AlnQI. '8CDJ'da that may be l8qUlrad by federal, .....

SERVICE PROVIDER shall prepare, tnainlain, and presava al repo,18 and 88MGW provided llfld9r" this Agreemanl
and CITY JUies end ordinances nllafsd ta
SERVICE PROVIDER shall matn181n recoi ds for a
period
clun. nagalfatlan.
of at least 3 ;eat$ after reaipl ufflnal � undar thia Ag.....-.nt. ff 81ri lltlgation, audltemepUon, or other actron relatmg ro 11118 AgNernent • pending at the end of1he a■,ear' pestod, then SERVICE PROVIDER8hall retain said record8 untl ludl adlon lallt90Mtd.

17.2. A:1qs lg and A1dt of Raconls. The CITY ahall hlM 111a l1ght to examine, manitor and aUdit sllbcDntr8o(Dr9 ndated to aervices
al l8COrd8. doCuments. condlfans. and actlvfflas of 1he SERVICE PROVIDER and Is SecliOn 8546.7.
under this Agreerntnt. Pur8u8nt to Govanment Code
if this Agreement ntOlves the axpendilWe of public fund8 in exwa of $10,000, the Parties to this Agreement may be aubject. at the req11811 of the cnv ar • part of
connected Wllh the per(onnance of this .AQraement for a any ■Udit of the Cfl"Y. 1D the examlftation and audl of the State period
Auditor pel'lalning ID mat11n
Df Una yea,s after fi1aJ
payment undartheAgn!llfflllnt

17.3. Qwnenihip of Wolle Ploducl Al doCumant8 or olhar infonna6orl developed or l8ceiV9d by SERVICE PROVIDER forwarkperfarmed undarthltAal8lr'lllht shal be the praperty of CITY. tennlnalfon of this Agreement.

SERVICE PROVJDER lhel provide C1TY with copiaS af these ilams upon demand or upon

18. Famlllarlty with Work. By executing thiS A(pemant. SERVICE PROVIDER represents that (1) I has
conditions
fnvestlg'ated the wortc to be
1here;
pe1formec1; (2) ft has tnvedgated the Ila of the work and 111 aware ol aQ Should SERVICE
and

PROVJDER
(3) l undanltanda the dlfflculllas
dilcover any condlllDnS matal'illY
and realrlc.ilo•
differing
of the 1NDrk
from 1tlDl8 fnherenl
lfflder 1hl& Agn,ement.

In the work or
PROVIDER'S risk.
as l"eJHWllnlad by
unll
CITY.
wrllBn
it lhalt lmmedlataly
'1slnlctions are received
lnfann CITY
from QTY.

Ind ahd nat procaad, exaapt at SERVICE

19. nma ¢ fUrn. Time ls Df "8 eaanm In Iha parfarmarw;e.ofttuAt;teement

20. Na Asaianment. NeftherlhflAgraement nor any portion shall be assigned by SERVICE PROVIDER.

WithoutpriorwrtttenconsentofCITY.Anyatl8mptadassfgnmentnot1rrstapprovedbyCfTYBhallbavoldand, at CITY's option, shall twmJnate 1111s Agreement etfecUve ai Of the dala of such 8lt8mpmd aaslgnment. the

21. pnwallng
Attpmn
party shall
fw. In
taeentltlad
8'Yf legal action,
to an award
ilspumor
ofla reaan
arbibatioft
... attorney
arisfng out of or relating to
fees, coeta and.,,..,._
lhit AQreament.
1nc:unec1.

Upclltlld .U,2011
1

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708878

22. Pef•w ,nc1 •ftfllmnfflcttlon.

22.1. Qelense and lndamnjficallon. SERVICE PROVIDER 8hall, to the fullest extent pemitled by ofllcera.
law, indemnify� defllnd and hokf hannless crrv. 11s eleatsd ar appolrdad offlclalt, bOlfdl, agenc1ea, Uabili1les,
••
expenses,
�- and voklnteera (9INOEMNITEES1 from and against any and al clalma, pertain to,
damage or pnonal lnjc.ly, a,d
Dena. or darnag•
including
fA any
reasanabfa
natl.Ira.
8ttDmeyl
including
1 fees
liability
and IDIP!ININI,
for baclly
that 811ae
Injury, property
out rA,
contained In this
subcantraclons.
or ntlal8 to
Agreement
the perfonnance of
by SERVICE
this Agreement

PROVIDER,
or the
and/or
failure
Jta agents, offlcara,
to mmpfy With any employees.obligallans
or Independent conllact&JfS ,a.Atl/i1.

22.2. Expeptlp[W_ SERVICE PROVIDER ii not recp ad 10 indemnity INDEMNJ1EES IIQIINtllabllly for
from ttJe aole nagllgenae or wWul
boclly Injury, propert,v damage or
mf8conduct
paraona,
of ltle
Injury,
CITY.
or any °"1or rau, clllmelQe or axpente arising
Agreementepplytoall

22.3. Nat linit8d by irJNip,e.
a..AIMsdeged
'The
against an
lndemnlty, dafenae end hold harmma provitions of this
defense to be provided by SERVICE PROVIDER policles-ara appllcable. Policy lmlts do not act• INDEMNITEEw
a lmllatfon upon
regardless
the arn!Ult
afwhelherany
of indemnification
l111urance
or

22... Right tp OfHl CITY ahall have the rtghtto otr.- against any campanaalion due SERVICE

SERVICE
PROVIDER ll1da" Ills Agreemenl any amount due CITY from SERVICE PROVIDER as a rMUft of (22) end any amoimt u CITY fn,m
PROVIDER's fallut& to pay CllY

SERVICE
prompdy any

PROVIDER
lndemnltlcati0n
adsing from
adslng

SERVICE
under
PROVIDER'$
this Sec:llon
fallure either 1D (1) pay 1BxN on amowtlS received purauant to this Agreement or (II) comply with applcable wortcars' comperrsa!lon laws.

22.s. !ntawetatlOQ- This Section atlll GOf1l8lutll an ag,:eement or canrract of indemnity, and
incorporating
agreed lhal the
the intfhlNetatlons
obllgatlon of 1he
under

SERVICE
Callfomfa

PROVIDER
Civil Code Secdcr1
to indemnify
2778.
the
It to exprenly unclerltood
INDEMNITEE shal be
of
81 lllS
broad
AgNemenl
and lnclulwe 119 pennltlDd by 1he laws of the Stat. of Callfomle and lhall survive termtna1ion .A;rNmelll

23. Entire Agreement; Modification; Conflicting Provisions. This Aglallll'lant constitutes the entlnt between the Parties and supersedes any pnMQUs a;rNfflellfs, oral or wrlllen. Thfl Agreement may be modified or provisions waived only by a subaequant mutual Wl1tlen qraementexecuted by CITY and

SERVICE
provlllon
PROVIDER. If the provlalong contamed Jn the main � of this Agi88i'l'lanl conftlct with l/lfl/ govern and
c;antained
control
In 1111 exNblt to thla Agr8elmnt. lie provisions of1he main body af thla Agreema,t 8hal aver q pravtalon contained� an exhibit to this Agreement.

24. Slalll of C8lfomla. ll,la
gqyemlng bM and YIDMI-This Agraemld llhal b& construed In accadanae wllh the lawa of the Agreement wa ararecl lnlo and la to I» parfonnad In tbe Co\dy of Santa Clara.

Any action or dispute artelng ouf of lhla � 1hal only be brought in Santa Clara County.

JolntlY

25. by
lnt.rprebdlon.
the Parties, and
This
no
Agreement nda Of oonstruclion is a ftlgCJliaf.ed
ar lnterpletatb,
docUmctnt and
lhaU
shal be daemtd1o
apply agalnlt any par1lcular Party
tl8V8 been drafted
CaUfornla ClvlJ
based on a con19ntlan that ttMI AQteemant was draftld by one of the Pa1118 Including, but not lmit8d to, and fnterprated
Code
In a naub'8I
§ 1864,
manner.
the provisions ofwtdch are hereby wafVed. This AQraemant lhaU be construed �Jlif2011
8

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708B78

26. Preservation of Agreement 1f any tenn. pn,vfslan, covenant. or concflion af 1hl& Agreement 1a held by a court of competent juriadlcllan ID be lnvaJld or lft!llfalmable. the rest of the Agreement lhal remat in 1'11 fon:e and etreet and shell In no way be atredad or invalidated.

27. Binding Agreement. N�hl pn:,vlslDna of Saation 2D ebove. lht.Agrllarnent ehal bind any and al 111C<H1ma in Interest, legal repraantauvea andlor Dlharpennltted U11gnaa1 ortruutwa11 of SERVICE PROVIDER in the aama manner as if tltoee succ•IDfS kl trea• legal ,epruenfalfVlla a- Olhar permllmd assfgnees or 1r8111feletll had ernred fntD this AgNell18nt originally.

H
II
fSignehns on Mtxt PaQ9]

DocuSign Envelope ID: 387A7D9C-A67C-4188-AD55-167A70708878

28. reprasant
AUIIJorllY 1£ Emde Thole indlvldua who are llgnt1g thil Agraen•ll on behalf Of entities and warrant that they are, respec:llvaly, duly autharized to sign an behalf of the entities and to bind the entitles fully to each and d of the obllgatlona set forth In this Agreematt.

IN WITNE88 THEREOF, thela Partlel have mcecutad thia Agnlernent on the day and year ahown below.

CORPORATIONS:

AS SET FOR1H IN CA. CORP. CODE I 313, TIM> SIGNATURES ARE REQUIRED FOR CAUFORNA (1)
(2) SECRETARY.

CHAIRPERSON

ASSISTANT
OFnfE BOARD,

SECRETARY,
PRESIDENT.

CHIEF
OR
FINANCW..

VICE PR!SIDENT;

OFFICER
6m,
OR ASSISTANT TREASURER.

ATTEST:
,)._1Qf? Ctty Clerk/Deputy c· Ps-# erk
Michele Bigelow
Print Name
Date: oll()lw
APPROVED AS TO FORM:
'1": Donald A. lJU1dn
i£!:'Attorney
t1�
PrlntName
Date: _J.,...__--�--...... o_o_a_o __ _
arr�� ClyM
Chrlaflna J. Twner
PrtntName
Date: 3h-o/?.O?. 0
�
-::r-'- � . Prestdt!.ll.f
Prfnt Name and TIie of SGner.

If Corpotala: Chairman, President or
Vica Plaldttnt
0-. et By:<(J
Data:

ToJ"�.._s;: CF o
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EXHIBIT A

OP SERVICES
Tlllescea,e Of wvialt fncludes pravldlng floor mat and linen ,ent,1 NlflCN fOr the tlle City of Morgan HIil Police Depa,llllent kat9d at 18200 Vineyard BoUlenrd,. llafgan Hin, CA 86037.

The Servlea Provider will have contplla respaMlblllty for provlclng all labor and materllf9 for clellvery, placement, IWIICMII• pick-up and daanlng NMCN at 1118 Marpn HUI Pol1ce Depadment.

The Cllf will not be NSponalble fQr rolUng up mm In preparation for plet-up. The Stmce PnMdel' shall hawa complebt rNponsl.blllty for prapedy clellntng and maintaining tlle malStothe lewl d•lrecl by Iba City. TN18, rips. at.alna, flap or olhef' UflllllllllY cllaracllNlslfca will not be IIGCeplabft.

The lnlthll ...,_of.service (Ii of mm, ffnens and flequency ataervlm) are ID bedetennlned llllth the D9parlmant.Aftertlle
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EXHIBITC

SCHEDULE OF PERFORMANCE
The frequency af service will be weekly or samt-manthly (tWfce • month) as determined by the Maintenance Manager, Maintenance Coordinator or their Daalgnee at the City of Morgan HUI Police Department.
13 Updated J�r 2019

City Council
Meeting Minutes
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, November 1, 2023 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

CALL TO ORDER
Mayor Turner called the City Council meeting to order at 6:00 p.m.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner ABSENT Marilyn Librers

DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PROCLAMATIONS
Proclaiming the month of November as Native American Heritage Month.

November 1, 2023
2 CITY COUNCIL REPORTS
Council Member Martinez Beltran attended the Penninsula Division Mental Health forum led by State Assemblymember Gail Pellerin. She shared that they encouraged cities to use the 988 number and to share that with the community. On October 9, 2023 they had the first Penninsula Division Executive Committee meeting with the League of CA Cities. She mentioned that speeding has been an issue for residents in the Cochrane area. A group of residents got together to make a video that could win the City a radar sign. On October 28, 2023, a Dia de los Muertos event took place at the Community and Cultural Center. She mentioned it was a big success. She also thanked the Economic Development team for the Kidz Fest and Safe Trick or Treat. It was a fantastic event. She stated that she serves as a SVCE Legislative Chair. They have been working closely with some of the legislative energy champions in Sacramento and were sure to get a voice at the table regarding several amendments.

November 1, 2023
3 CITY MANAGER'S REPORT
City Manager Christina Turner announced that Counci Member Borgioli and the team nominated one of our teammates for a very prestigious award. She introduced the immediate Past President of the City Clerk's Association of California, Melissa Thurman, to present the Pat Hammers Spirit Award to Michelle Bigelow. She announced that the website refresh project is complete and now live. The site's navigation has improved to be more user-friendly for the community. The site is available in Spanish by clicking at the top of the page. She spoke about "I Belong Morgan Hill", which is a part of the City's Diversity, Equity and Inclusion efforts. This is a community outreach effort that includes a community survey and a series of listening sessions. You can visit our DEI website for more information regarding the listening sessions. She announced that we are working to develop our first comprehensive Transportation Masterplan. Community meetings will start on November 8, 2023 at 7:00 p.m. at the Community and Cultural Center and the Spanish meeting will be on November 16, 2023 at 7:00 p.m. at the Council Chambers building. There will be a Day fo the Dead celebration on Saturday, November 4, 2023 at 3:00 p.m. at the Magical Bridge Playground. It will include face painting, balloon animals, art projects, a talent show, and a parade at 4:30 p.m. This is a free event open to all abilities and ages. She announced our new Morgan Hill Fire Chief Baraka Carter and welcomed him to Morgan Hill.

CITY ATTORNEY'S REPORT
No report.

OTHER REPORTS
Mayor Turner congratulated Chief Carter and welcomed him to Morgan Hill. He also congratulated Michelle Bigelow on her award. He mentioned that the Saturday Kidz Fest and Safe Tick or Treat event was great. He attended a mobility partnership meeting in Hollister. He announced that the roundabout at Hwy 25 and 152 will be closed from Friday, November 10, 2023 through Sunday, November 12, 2023 and will reopen on Monday, November 13, 2023 at 5:00 a.m. He sits on the Santa Clara County Library District Committee. He thanked the Friends of the Morgan Hill Library for continuing to support our branch and recently contributing $2,500 in donations. He announced that the Bay Area Panthers will continue to be headquartered in Morgan Hill and play at the SAP center. There is an event on Saturday, November 4, 2023 called the Mayor's Challenge. There will be a football clinic for grades 3 - 8. Mayor Mahan and Mayor Turner will participate in a challenge. On Tuesday, November 14, 2023 there will be a photo unveiling at the Community Recreation Center at 6:00 pm.

PUBLIC COMMENT
Public comment opened at 6:21 p.m.

Babita Kumari was called to speak.

There being no further requests to speak, public comment closed.

November 1, 2023
4 Public Comment Supplement

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed
MOVER: Mayor Pro Tem Spring
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner
NAYS: None
ABSTAIN: None
ABSENT: Council Member Librers

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.

MOTION:

Approving consent calendar items 1 through 6.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner
NAYS: None
ABSTAIN: None
ABSENT: Council Member Librers

1. ACCEPT GRANT FROM THE SILICON VALLEY COMMUNITY FOUNDATION (SVCF) ON BEHALF OF DESTINATION HOME
Recommendation:

Accept a $13,000 Grant from the Silicon Valley Community Foundation on behalf of Destination Home to support a public awareness campaign promoting the

November 1, 2023
5 needs and opportunities of Morgan Hill residents regarding jobs, housing, and a sense of belonging.

2. ACCEPT GRANT FUNDING FROM CALIFORNIA STATE OFFICE OF TRAFFIC SAFETY,

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FOR DUI

ENFORCEMENT, EDUCATION & EQUIPMENT
Recommendation:

1. Authorize the City Manager to execute an Agreement with the California State Office of Traffic Safety accepting grant funds from the Selective Traffic Enforcement Program in the amount of $60,000, and

2. Amend the FY 2023-24 budget to recognize grant revenue and appropriate $60,000 in grant fund expenditures.

3. APPROVE AN AMENDMENT TO AGREEMENT WITH AKEL ENGINEERING

GROUP FOR ON-CALL WATER AND WASTEWATER SERVICES
Recommendation:

Approve and authorize the City Manager to execute an amendment to the agreement with Akel Engineering Group to increase the not-to-exceed amount from $150,000 to $300,000.

4. APPROVE SECOND AMENDMENT TO BATTALION ONE FIRE PROTECTION

MAINTENANCE SERVICE AGREEMENT FOR FIRE PROTECTION

SPRINKLER INSPECTIONS, TESTING, MAINTENANCE AND REPAIR

SERVICES AT CITY FACILITIES
Recommendation:

1. Approve the Second Amendment to the maintenance service agreement with Battalion One Fire Protection, Inc. for an additional year of services for $22,049, for a total contract amount of $82,228 including the addition of the El Toro and Dunne Hill Fire Stations to the scope of work; and

2. Authorize the City Manager to execute and administer two additional oneyear extensions of the maintenance service agreement.

5. APPROVE THE SEPTEMBER 27, 2023 MID-YEAR GOAL REVIEW
WORKSHOP MINUTES AND THE OCTOBER 4, 2023 CITY COUNCIL

MEETING MINUTES
Recommendation:

Approve Minutes.

6. APPROVE REFINANCING FOR ROYAL COURT ASSOCIATES (EDEN

November 1, 2023
6 HOUSING) AFFORDABLE HOUSING PROJECT
Recommendation:

1. Authorize the City Manager to approve the re-subordination of an existing City loan in the principal amount of $2,650,000 for Royal Court Associates, L.P., a 55-unit EDEN Housing Affordable Housing Apartment Community, subject to an agreement negotiated by the City Attorney; and

2. Authorize the City Manager to accept a payment of $50,000 towards the accrued interest of the existing City Loan.

PUBLIC HEARINGS

7. INTRODUCE ORDINANCE TO RENEW THE MORGAN HILL TOURISM

BUSINESS IMPROVEMENT DISTRICT (MHTBID)
Recommendation:

1. Open and close public hearing;

2. Waive the first and second reading of the ordinance; and

3. Introduce ordinance to renew the Morgan Hill Tourism Improvement District (MHTBID).

Economic Development Director Matt Mahood and Executive Director of Visit Morgan Hill Krista Rupp provided a presentation and report.

The public hearing opened at 6:51 p.m. The following people were called to speak:

Nick Gaich
Gene Guglielmo
There being no further requests to speak, the public hearing closed.

MOTION:

Waiving the first and second reading of the ordinance.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner
NAYS: None
ABSTAIN: None
ABSENT: Council Member Librers

November 1, 2023
7 MOTION:

Introducing the ordinance.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner
NAYS: None
ABSTAIN: None
ABSENT: Council Member Librers
The meeting recessed at 6:57 p.m. and reconvened at 7:03 p.m.

OTHER BUSINESS

8. RECEIVE MONTHLY BUDGET UPDATE; SEPTEMBER 2023 FINANCIAL AND INVESTMENT REPORTS; AND CITY MANAGER AUTHORITY REPORT
Recommendation:

Accept and file report.

Finance Director Dat Nguyen provided a report and presentation.

Public comment opened at 7:19 p.m. There being no requests to speak, public comment closed.

Report accepted.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Members Martinez Beltran and Spring requested a discussion on public comment.

CLOSED SESSION
City Attorney Donald Larkin announced the closed session item.

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

November 1, 2023
8 OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 7:20 p.m. There being no requests to speak, public comment closed.

The meeting adjourned to closed session at 7:20 p.m.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 7:38 p.m.

Minutes Prepared by:

Michelle Bigelow, City Clerk

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

Michelle Bigelow, City Clerk
APPROVED BY: City Manager
APPROVE THE 2024 CITY COUNCIL MEETING SCHEDULE

RECOMMENDATION(S)
Review, discuss, if needed, amend, and approve the 2024 City Council meeting schedule.

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

The City Council has adopted City Council Policy CP-06-02 regarding its meeting schedule. The team requests that the City Council review its meeting schedule through the beginning of February 2025 (see attached). The following meetings are proposed to be canceled or scheduled:

1. January 3rd regular meeting of the City Council canceled per Council Policy CP06-02. (Cancel)

2. January 24th regular meeting of the City Council canceled to allow the Mayor and Council Members to attend the CalCities New Mayor and Council Conference. (Cancel)

9 3. February 2nd at 9:00 a.m. and February 3rd at 9:00 a.m. Special City Council Goal Setting Workshop. (Schedule)

4. July 3rd, July 17th, and July 24th regular meetings of the City Council canceled pursuant to Council Policy CP-06-02 (Cancel)

5. August 7th regular meeting of the City Council canceled pursuant to extend the summer break. (Cancel)

6. October 2nd regular meeting of the City Council canceled in observance of Rosh Hashanah. (Cancel)

7. October 16th regular meeting of the City Council canceled to allow the City Council and staff to attend the Cal Cities Annual Conference. (Cancel)

8. November 27th regular meeting of the City Council canceled pursuant to Council Policy CP-06-02. (Cancel)

9. December 25th regular meeting of the City Council canceled pursuant to Council Policy CP-06-02. (Cancel)

10. January 1, 2025 regular meeting of the City Council canceled per Council Policy CP-06-02. (Cancel)

11. February 7, 2025 at 9:00 a.m. and February 8, 2025 at 9:00 a.m. Special City Council Goal Setting Workshop. (Schedule)
Given the above information, the City Council may wish to retain, adjust, and/or cancel regularly scheduled meetings.

COMMUNITY ENGAGEMENT:

This report serves to inform the public of the 2024 City Council meeting schedule.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council reviews the meeting schedule annually.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with this action.

CEQA (California Environmental Quality Act):

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

CITY OF MORGAN HILL

CITY COUNCIL POLICIES AND PROCEDURES
CP-06-02
SUBJECT: CITY COUNCIL MEETING SCHEDULE
EFFECTIVE DATE: April 1, 2023
ORIGINATING DEPT: City Clerk
The City Council has ordained that regular meetings are to be held on the first, third, and fourth Wednesdays of every month at 6:00 p.m. In the event of a legal holiday occurring on a regular City Council meeting day, the meeting(s) will be canceled. Should the Mayor and City Manager determine that the third meeting of the month is not necessary, they shall have the authority to cancel the meeting.

The City Council desires to take official legislative recesses, at various times, to accommodate community and civic commitments, vacations, and the City’s operations schedule. As such, the following meeting schedule will apply for the months of January, July, September, October, November and December of every year:
 For the month of January, should the City furlough its employees the last week in December, the first meeting in January shall be canceled.
 The Council will hold its annual Goal Setting retreat the first Friday and Saturday of February.  The Council will hold its annual Budget Workshop during the month of May.  For the month of July, all meetings are to be canceled for summer recess.  For the months of September and October, regular meetings will be held on the first, third, and fourth Wednesdays, beginning at 6:00 p.m.; unless the meeting date falls on Rosh Hashanah or Yom Kippur. In which case, said meeting will be canceled.
 For the month of November, regular meetings will be held on the first, third, and fourth Wednesdays, beginning at 6:00 p.m.; unless the Wednesday meeting date falls the day before the Thanksgiving Holiday. In which case, said meeting will be canceled.
 For the month of December, regular meetings will be held on the first, third, and fourth Wednesdays, beginning at 6:00 p.m.; unless the Wednesday meeting date(s) fall on the Christmas Holiday and/or during the Holiday furlough. In which case, said meeting(s) will be canceled.

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

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

APPROVED:
__________________________________
MARK TURNER, Mayor
DocuSign Envelope ID: 544A56F9-D8BB-452F-856E-07F5FC45A241

DRAFT 2024 City Council
Meeting Schedule

Meeting Date Type of Meeting Notes
1/3/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
1/17/2024
Wednesday
Regular CC
01/24/2024
Wednesday
Regular CC Canceled
New Mayor and Council Conference
02/02/2024
Friday
Special CC Goal Setting Workshop – Day 1
9:00 am – 5:00 pm
02/03/2024
Saturday
Continued from
02/02/2024
Goal Setting Workshop – Day 2
9:00 am – 5:00 pm
02/07/2024
Wednesday
Regular CC
02/21/2024
Wednesday
Regular CC
02/28/2024
Wednesday
Regular CC
03/06/2024
Wednesday
Regular CC
03/20/2024
Wednesday
Regular CC
03/27/2024
Wednesday
Regular CC
04/03/2024
Wednesday
Regular CC
04/17/2024
Wednesday
Regular CC
04/24/2024
Wednesday
Regular CC
05/01/2024
Wednesday
Regular CC
05/15/2024
Wednesday
Regular CC
5/22/2024
Wednesday
Regular CC Budget Workshop
5:00 pm
06/05/2024
Wednesday
Regular CC
06/19/2024
Wednesday
Regular CC

DRAFT 2024 City Council
Meeting Schedule

Meeting Date Type of Meeting Notes
06/26/2024
Wednesday
Regular CC
07/03/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
07/17/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
07/24/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
08/07/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
08/21/2024
Wednesday
Regular CC
08/28/2024
Wednesday
Regular CC Mid-Year Goal Review Workshop
5:00 pm
09/04/2024
Wednesday
Regular CC
09/18/2024
Wednesday
Regular CC
09/25/2024
Wednesday
Regular CC
10/02/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
Rosh Hashanah
10/16/2024
Wednesday
Regular CC Canceled
Cal Cities Annual Conference
10/23/2024
Wednesday
Regular CC
11/06/2024
Wednesday
Regular CC
11/20/2024
Wednesday
Regular CC
11/27/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
12/04/2024
Wednesday
Regular CC
12/18/2024
Wednesday
Regular CC
12/25/2024
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)

DRAFT 2024 City Council
Meeting Schedule

Meeting Date Type of Meeting Notes
1/1/2025
Wednesday
Regular CC Canceled per Council Policy
(CP 06-02)
1/15/2025
Wednesday
Regular CC
1/22/2025
Wednesday
Regular CC
02/05/2025 Regular CC
02/07/2025
Friday
Special CC Goal Setting Workshop – Day 1
9:00 am – 5:00 pm
02/08/2025
Saturday
Continued from
02/07/2025
Continued Goal Setting Workshop – Day 2
9:00 am – 5:00 pm

10 CITY COUNCIL STAFF REPORT
MEETING DATE: November 15, 2023
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
RECEIVE REPORT REGARDING UPCOMING 2024 COMMISSION

VACANCIES PER MADDY ACT

RECOMMENDATION(S)
Receive report.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Community Outreach, Engagement, and Messaging
REPORT NARRATIVE:

Government Code Section 54972 (Maddy Act) requires that before December 31st of each year, the City Council cause to be prepared a list of appointments to all ongoing boards, commissions, and committees that the City Council appoints. The list includes which terms will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

Chapter 2.22.010 - Master Provisions for Boards and Commissions of the Municipal Code established the following commissions: Planning Commission (PC); Parks and Recreation Commission (PRC); and the Library, Culture, and Arts Commission (LCAC).

Chapter 2.22.010, Section B, states that: “Unless otherwise set forth, all members of boards, commissions and committees shall be residents of the city and shall continue to be residents of the city during their terms of office. Notwithstanding the foregoing, individuals who reside within the Morgan Hill Unified School District boundary and who do not otherwise reside in any city other than Morgan Hill may be appointed to boards, commissions and committees provided that no more than thirty percent of the members of any board, commission or committee shall be non-Morgan Hill residents.” The Library, Culture and Arts Commissioners and Parks & Recreation Commissioners

10 with terms due to expire in 2024 are highlighted in the attached “Local Appointment List.” The LCAC will have four (4) members with terms due to expire on April 1, 2024.

The PRC will have three (3) members with terms due to expire on April 1, 2024. No terms for the Planning Commission will expire in the 2024 calendar year.

COMMUNITY ENGAGEMENT:

This report serves to inform the public of the upcoming board, commission, and committee vacancies.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Per Resolution No. 7082, adopted by the City Council on December 17, 2014, this report is being presented as an informational item. The City Clerk’s Office will post the “Local Appointment List” in accordance with Government Code Section 54972.

FISCAL AND RESOURCE IMPACT:

The time necessary to prepare this report is accommodated in the Administrative Services Budget.

CEQA (California Environmental Quality Act):

Not a Project. This is an administrative activity that will not result in direct or indirect physical changes in the environment.

4/12/2019 Morgan Hill, CA Code of Ordinances
Chapter 2.22 - MASTER PROVISIONS FOR BOARDS AND COMMISSIONS* Sections:

2.22.01 O - Establishment of boards and commissions.

A. There are established within the city the following boards and commissions:

1. Planning commission;

2. Parks and recreation commission;

3. Library, culture and arts commission; and

4. Disaster council.

B. Unless otherwise set forth, all members of boards, commissions and committees shall be residents of the city and shall continue to be residents of the city during their terms of office.

Notwithstanding the foregoing, individuals who reside within the Morgan Hill Unified School District boundary and who do not otherwise reside in any city other than Morgan Hill may be appointed to boards, commissions and committees provided that no more than thirty percent of the members of any board, commission or committee shall be non-Morgan Hill residents.

C. Members shall be appointed by the mayor subject to approval of a majority vote of the city council and may be removed without cause by vote of any three members of the city council.

D. The appointment terms of members may be extended, at the discretion of the city council, until such time as a successor member may be appointed and take office.

E. Vacancies in the commission occurring other than by expiration of term shall be filled for the unexpired term in the same manner as original appointments.

F. The members of the commission shall organize the commission and shall elect from its members a chair and vice-chair and such other officers as may be necessary in accordance with adopted city council policy.
(Ord. 1778 N.S. § 2 (part), 2006)
(Ord. No 1930 N.S., § 2, 4-22-2009; Ord. No. 1935 N.S., § 1, 6-3-2009)

2.22.030 - Clerk and secretary.

The city clerk or designate shall also act as clerk for each of the boards and commissions and shall have authority to sign any official notices and also to certify any resolution of the commissions or boards. The city council may appoint a person not a member of the commission or board to act as secretary of the 1/3

4/12/2019 Morgan Hill, CA Code of Ordinances
commission or board. The secretary shall keep a record of all proceedings of said board or commission, its resolutions, its findings and actions, which records shall be a public record and kept with the city clerk in the City Hall building.
(Ord. 1778 N.S. § 2 (part), 2006)

2.22.040 - Rules of procedure.

A. The chair shall preside at all meetings of the board or commission. The vice chair shall assume the duties of the chair in the absence of or in case of inability of the chair.

B. A majority of the members of the commission or board shall constitute a quorum for the transaction of business.

C. Unless otherwise specified herein, each board or commission may adopt its own rules and regulations for the transaction of its business. Such rules shall be subject to approval of the city council before becoming effective.
(Ord. 1778 N.S. § 2 (part), 2006)

2.22.050 - Rules of attendance.

If any member is absent from three of any six consecutive regular board or commission meetings, unless such absence is with the permission of the chair, or vice chair in absence of the chair, expressed in the official minutes, the member's seat shall be deemed vacated. The city manager shall so notify the city council and the council shall take action to fill the seat within a reasonable period of time. (Ord. 1778 N.S. § 2 (part), 2006)

2.22.060 - Meetings.

Unless otherwise specified, the commission shall hold regular meetings once every two months at a designated time and place which shall be fixed and determined by the commission and entered upon in its minutes. Special meetings of the commission may be called at any time by the chair or by a majority of the members of the board upon notice being given to all members of the board and to all news media at least twenty-four hours in advance of the meetings, as required by the laws of the state of California. (Ord. 1778 N.S. § 2 (part), 2006)
(Ord. No. 1930 N.S., § 3, 4-22-2009)

2.22.070 - Compensation.
2/3

4/12/2019 Morgan Hill, CA Code of Ordinances
Members of the boards and commissions shall serve without compensation but may receive reimbursement for actual and necessary expenditures made or incurred in the performance of their prescribed duties in accordance with state law and the Municipal Code and policies of the city of Morgan Hill.
(Ord. 1778 N.S. § 2 (part), 2006)

2.22.080 - Effect.

Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the city council or city officers as defined by the laws of the state of California or by this Municipal Code. Except as otherwise set forth in Chapter 2.36, the city council declares that the public interest and convenience require the appointment of the boards and commissions established pursuant to Section 2.22.010 to act purely in an advisory capacity to the city council.
(Ord. 1778 N.S. § 2 (part), 2006)
3/3

Chapter 2.32 - PARKS AND RECREATION COMMISSION*
Sections:

2.32.010 - Created.

There is established a new commission which is entitled the "Morgan Hill parks and recreation commission" to serve in an advisory capacity to the city council. (Ord. 1778 N.S. § 4 (part), 2006)

2.32.020 - Membership—Terms of office.

The commission shall consist of seven members. Members shall not be officials or employees of the city nor be paid members of any organization receiving financial support from the city. Notwithstanding any language to the contrary, the mayor and city council may appoint a Morgan Hill Unified School District official as a member of the commission.

For the first seven members appointed, the terms of three of the members shall expire on May 1, 1999, and the terms of four of the members shall expire on May 1, 2000. All new full term appointments after April 1, 2006 shall be for a period of four years. (Ord. 1778 N.S. § 4 (part), 2006)

2.32.030 - Powers and duties.

The powers and functions of the commission shall be as follows, provided that nothing in this Chapter 2.32 shall be construed to give the commission power or duty to supervise or administer any public buildings, public parks, streets or other public property or programs:

A. To hold hearings on matters pertaining to planning and development of parks, trails, recreation programs for all segments of the population, bicycle facilities, and capital expenditures related to parks, trails, recreational facilities, and bicycle facilities; B. To facilitate coordination of the efficient and effective use of recreation facilities by other public, private, and non-profit groups and organizations to city residents; C. To consider, formulate and propose fiscally prudent programs, activities, resources, plans and development designed to provide for, regulate, and direct the future growth and development of the parks facilities and recreation programming for the people of the city; D. To make investigations and reports for future acquisition of park sites; E. To review opportunities for joint use of recreation/parks, and storm retention/detention; F. To act on behalf of the city and function as the City of Morgan Hill Bicycle and Trails Advisory Committee;
G. To conduct such other hearings as are necessary and in accordance with its own rules and regulations for the transaction of its business, or rules for conduct; and H. To report its decisions and recommendations relating to the above matters, in writing to the city council.
(Ord. 1778 N.S. § 4 (part), 2006)
(Ord. No. 1930 N.S., § 4, 4-22-2009)

4/12/2019 Morgan Hill, CA Code of Ordinances
Chapter 2.36 - PLANNING COMMISSION*
Sections:

2.36.01 O - Created-Statutory authority.

The planning commission is established pursuant to the authority contained in Chapter 3 of Title VII of the California Government Code, entitled "Local Planning, " as existing or hereafter amended. Reference shall be made to said Chapter 3 for interpretation of this chapter. (Ord. 811 N.S. § 1 (11-3-1), 1987)

2.36.020 - Membership-Terms of office-Vacancies.

A. The city planning commission shall consist of seven members. Members of the planning commission shall serve the following terms:

1. In the year 1998, three members shall be appointed to serve terms ending June 1, 2001;

2. The four members who were appointed in 1996 shall serve terms ending June 1, 1999;

3. Thereafter, all terms shall be for four years and shall expire on June 1st. (Ord. 1778 N.S. § 5, 2006: Ord. 1407 N.S. § 2, 1998; Ord. 1083 N.S. § 1, 1992; Ord. 811 N.S. § 1 (11-3-2), 1987)

2.36.030 - Meetings.

The commission shall hold regular meetings at least twice a month or as otherwise deemed necessary by the commission. All meetings of the commission shall be held in the city council chambers at City Hall or other location designated by minute order of the city council or at a location deemed necessary or appropriate by the planning commission.
(Ord. 1197 N.S. § 1 (part), 1994: Ord. 811 N.S. § 1 (11-3-3), 1987)

2.36.040 - Powers and duties.

The planning commission shall have the powers and shall perform all the duties conferred and imposed upon city planning commissions by the applicable provisions of Chapter 3 of Title VII of the Government Code of the state and, in addition, the planning commission shall:

A. Perform all the functions assigned to the commission by the subdivision and zoning ordinances (Titles 17 and 18 of this code) of the city, and all general laws of the state of California;
B. Serve as an advisory body to the city council on matters related to city growth and 1/2

4/12/2019 Morgan Hill, CA Code of Ordinances
development and on such other matters as may be requested by the council; C. Promote public interest in and understanding of the subdivision and zoning ordinances of the city, and also of all master plans and other official plans and regulations pertaining to planning which have been approved officially by the city council; D. Review and advise the city council on all proposed amendments to Title 17, Subdivisions, and Title 18, Planning and Land Use Regulations; E. Approve or disapprove application for designation of cultural resources and historic districts pursuant to Chapter 18.75 of this code, or as amended; F. Approve or disapprove permits sought to remove or demolish a cultural resource, cultural resource site or historic district pursuant to Chapter 18.75 of this code, or as amended.
(Ord. 1111 N.S. §§ 2, 3, 1992; Ord. 899 N.S. § 18, 1989; Ord. 811 N.S. § 1 (11-3-4), 1987) 2/2

Chapter 2.68 - LIBRARY, CULTURE AND ARTS COMMISSION
Sections:

2.68.010 - Created.

There is established a new commission which is entitled the "library, culture and arts commission" to serve in an advisory capacity to the city council.
(Ord. 1778 N.S. § 9 (part), 2006: Ord. 1374 N.S. § 1 (part), 1998)

2.68.020 - Membership—Terms of office.

The commission shall consist of seven members. Members shall not be officials or employees of the city, county library employees nor paid members of any organization receiving financial support from the city for library and art services.
(Ord. 1778 N.S. § 9 (part), 2006: Ord. 1559 N.S. § 1, 2002: Ord. 1407 N.S. § 5, 1998; Ord. 1382 N.S. § 1, 1998; Ord. 1374 N.S. § 1 (part), 1998)

2.68.030 - Powers and duties.

The powers and functions of the commission shall be as follows:

A. To act in an advisory capacity to the city council in all matters pertaining to library, culture and arts in the community;
B. To serve as a liaison between the city and the Santa Clara County library; C. To consult with private community groups supportive of library, culture and art programs and serve as a liaison between such groups and the city;
D. To provide advice and recommendations regarding the adequacy of existing library facilities and operations;
E. To look for opportunities for participation of artists and performers in city-sponsored activities, and ways to encourage community involvement in the arts; F. To work cooperatively with city boards and commissions and other public and private organizations in creating and promoting art and cultural programs and activities within the city; G. To coordinate and strengthen existing organizations in the arts and develop cooperation with regional organizations;
H. To make recommendations to the city council regarding the funding of community art projects, including the search for private and public grants, and regarding the disbursement of revenues consistent with the needs of the community;
I. To review and make recommendations to the city council upon all works of art to be acquired by the city, either by purchase, gift or otherwise, and exterior works of art installed in the city on public property;
J. To recommend to the city council the adoption of such ordinances or policies as it may deem necessary for the administration and preservation of the arts and cultural development of the city;
K. To perform such other tasks as may be expressly requested of it by the city council;

L. To conduct such other hearings as are necessary and in accordance with its own rules and regulations for the transaction of its business, or rules for conduct; and M. To report its decisions and recommendations relating to the above matters, in writing to the city council.
(Ord. 1778 N.S. § 9 (part), 2006: Ord. 1374 N.S. § 1 (part), 1998)

17555 PEAK AVENUE MORGAN HILL CALIFORNIA 95037
[email protected]
POSTED ON November 16, 2023 PER MADDY ACT

LOCAL APPOINTMENTS LIST
Unless otherwise set forth, all members of boards, commissions and committees shall be residents of the city and shall continue to be residents of the city during their terms of office. Notwithstanding the foregoing, individuals who reside within the Morgan Hill Unified School District boundary and who do not otherwise reside in any city other than Morgan Hill may be appointed to boards, commissions and committees provided that no more than thirty percent of the members of any board, commission or committee shall be non-Morgan Hill residents.

LIBRARY, CULTURE & ARTS COMMISSION (Four Year Term)
Meets monthly to serve as a liaison with the County Library, advise the City Council and City staff on culture and art related projects and programming, and support efforts to initiate art and cultural events in the community.

Date Appointed Name Term Expires
July 22, 2020 Emily Borchers April 1, 2026
June 6, 2018 Poonam Chabra April 1, 2024
July 22, 2020 Patrice Lyn April 1, 2026
March 20, 2019 Suman Ganapathy April 1, 2024
May 3, 2017 Katie Khera April 1, 2024
May 4, 2022 Cindy Blanton April 1, 2026
April 21, 2021 Amanda Santiago April 1, 2024
PARKS & RECREATION COMMISSION (Four Year Term)
Meets monthly to make recommendations regarding the planning and development of parks, cultural facilities and recreation programs.

Date Appointed Name Term Expires
May 4, 2022 Harpreet Vittal April 1, 2026
February 15, 2023 Julie Lucido April 1, 2026
May 4, 2022 Shweta Maniar April 1, 2026
February 17, 2016 Richard Scott April 1, 2024
July 22, 2020 David Lovato April 1, 2024
May 4, 1998 Craig C. van Keulen April 1, 2026
July 22, 2020 John Moniz April 1, 2024
PLANNING COMMISSION (Four Year Term)
Meets twice monthly to advise on matters related to City growth and development.

Date Appointed Name Term Expires
July 15, 2015 Liam Downey June 1, 2027
May 3, 2017 Mohammad Habib June 1, 2025
August 3, 2022 James Wilson June 1, 2025
April 17, 2019 Malisha Kumar June 1, 2025
January 28, 1989 Joseph Mueller June 1, 2027
March 2, 2022 Paul Lake June 1, 2027
April 25, 2007 Wayne Tanda June 1, 2027
Note: Yellow Highlighted Commissioners have terms expiring in 2024

RESOLUTION NO. 7082

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORGAN HILL, ACCEPTING THE CITY CLERK'S REPORT
ON UPCOMING 2015 COMMISSION VACANCIES, DIRECTING
THE CITY CLERK TO PREPARE A "LOCAL APPOINTMENT
LIST" OF ALL ONGOING BOARDS, COMMISSIONS AND

COMMITTEES APPOINTED BY THE CITY COUNCIL, AND

THAT THE LIST OF APPOINTMENTS TO BE POSTED
ACCORDING TO LAW PRIOR TO DECEMBER 31, 2014 AND
PRIOR TO EVERY DECEMBER 31, THEREAFTER
WHEREAS, the "Maddy Act" was enacted to maximize public awareness of local appointments made by the City Council; and
WHEREAS, the Maddy Act takes into consideration a vast and largely untapped reservoir of talent which exits among the citizenry that all too frequently are not aware of the opportunities for participation on local regulatory and advisory boards and commissions; and WHEREAS, in accordance with Government Code Sections 54972, the City Council shall cause to be prepared a list of appointments (Local Appointment List) of all ongoing boards, commissions and committees that are appointed by the City Council; and WHEREAS, the "Local Appointment List" is to include the terms due to expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1 . Pursuant to Government Code 54972, the City Council directs the City Clerk to prepare the "Local Appointment List" to include all the information required by law.

SECTION 2 . That the City Clerk, or his /her designee, is directed to post the "Local Appointment List" according to law prior to December 31, 2014 and every December 31 thereafter.

SECTION 3 . That the City Clerk shall forward to the City Council the "Local Appointment List," as an informational report.

SECTION 4. That City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

City of Morgan Hill
Resolution No. 7082

PASSED AND ADOPTED by the City Council of the of the City of Morgan Hill at a Regular Meeting held on the 17 day of December 2014 by the following vote:

AYES: COUNCIL MEMBERS: Larry Carr, Rich Constantine, Marilyn Librers, Gordon Siebert, Steve Tate
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ATTEST:

IRMA TORRE,Z STEMTTATE, Mayor
City Clerk
CERTIFICATION cz
1, Irma Torrez, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 7082, adopted by the City Council at the meeting held on December 17, 2014.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL. 7 DATE:

IRM.kORREZ, City Perk

City of Morgan Hill
Resolution No. 7082

CITY OF MORGAN HILL
17575 PEAK AVENUE MORGAN HILL CALIFORNIA 95037
eneral a nioreanhill ca eov
POSTED ON 2014 PER MADDY ACT

LOCAL APPOINTMENTS LIST
Unless otherwise set forth, all members of boards, commissions and committees shall be residents of the city and shall continue to be residents of the city during their terms of office. Notwithstanding the foregoing, individuals who reside within the Morgan Hill Unified School District boundary and who do not otherwise reside in any city other than Morgan Hill may be appointed to boards, commissions and committees provided that no more than thirty percent ofthe members of any board, commission or committee shall be non- Morgan Hill residents LIBRARY, CULTURE & ARTS COMMISSION Two Year Term)
Serves as liaison with the County Library and meets monthly to advise on the adequacy of library services.

Date Appointed Name Term Expires
January 13, 2011 Susan Brazelton April 1, 2015
May 16, 2012 Loren Burks - Winzeler. April 1, 2016
September 17, 2014 Cecilia Clark April 1, 2015
April 16, 2014 Judith Cowan April 1, 2016
April 16, 2014 Bill Haskell April 1, 2016
April 25, 2007 Tim Hennessey April 1, 2015
April 16, 2014 Paul Lake April 1, 2016
PARKS & RECREATION COMMISSION Four Year Term)
Meets monthly to make recommendations regarding the planning and development of parks, cultural facilities and recreation programs.

Date Appointed Name Term Expires
November 7, 2007 Martin Cheek April 1, 2016
April 16, 2014 LaRene Green April 1, 2018
May 16, 2012 Matthew Kelly April 1, 2016
April 26, 2006 Kimberly Leiser April 1, 2018
October 2, 2013 Ronald Locicero April 1, 2018
April 16, 2014 Mary Seehafer April 1, 2016
May 4, 1998 Craig C. van Keulen April 1, 2018
School District Liaison Bob Benevento N/A
Lx -Officio Member:

PLANNING COMMISSION Four Year Terra)
Meets twice monthly to advise on matters related to City growth and development.

Date Appointed Name Term Expires
May 18, 2011 John Kim KcKay June 1, 2017
February 9, 2005 Susan Koepp -Baker June 1,2015
February 5, 2014 Zenon Komarcyzk June 1, 2015
January 28, 1989 Joseph Mueller June 1, 2015
September 1, 2014 Michael Orosco June 1, 2017
May 16, 2012 Rene Angelo Spring June 1, 2017
April 25, 2007 Wayne Tanda June 1, 2015

11 CITY COUNCIL STAFF REPORT
MEETING DATE: November 15, 2023
PREPARED BY:

Jennifer Carman, Development Services Director
APPROVED BY: City Manager

AFFIRM OR MODIFY PLANNING COMMISSION APPROVAL OF A

CONDITIONAL USE PERMIT AND DESIGN PERMIT TO ALLOW AN
APPROXIMATELY 5,000 SQUARE FOOT DRIVE-THROUGH
RESTAURANT (CHICK-FIL-A) ON A 1.82 ACRE SITE AT SUTTER AND

COCHRANE

RECOMMENDATION(S)

1. Open/close public hearing; and

2. Adopt a resolution affirming the decision of the Planning Commission to adopt Resolution No. 23-08 approving the Conditional Use Permit and Resolution No. 23-09 approving the Design Permit.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Preserving and Cultivating Public Trust
2022-2023 Strategic Priorities
Fiscal Sustainability
Economic Development
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Background
On September 26, 2023, the Planning Commission conducted a public hearing and voted 5-1-0-1 (Commissioner Tanda opposed, Commissioner Lake absent) to approve a Conditional Use Permit (File No. UP2022-0007) and a Design Permit (File No.

SR2022-0004) to allow an approximately 5,000-square-foot drive-through restaurant (Chick-fil-A) on the southwest corner of Cochrane Road and Sutter Blvd. The plans, Staff Report, and approved resolutions including findings and the conditions of approval are attached.

11 City Council Review
On October 6, 2023, Councilmember Rene Spring initiated a call for review of the Planning Commission's decision to approve the subject applications in accordance with Section 18.112.040 (Calls for Review), in which the City Council may call for the review of any decision of the Community Development Director or Planning Commission within 10 days of the decision. The Planning Commission's decision is suspended until the City Council renders a final decision.

The council may take the following actions as part of the review:

1. Affirm the Planning Commission's decision to approve the project.

2. Reverse the action of the Planning Commission.

3. Adopt additional conditions of approval that may address issues or concerns.

Within sixty days of the initial public hearing on the call for review, the City Council shall render its decision on the matter, unless it is continued for good cause. If the City Council is unable to reach a decision on the matter under review, the decision of the Planning Commission shall remain in effect.

Planning Commission Actions
Public Testimony
The Planning Commission received public testimony and discussed the project at its September 26, 2023 Planning Commission meeting. The applicant's representatives (including a Civil Engineer and Land Use Attorney) spoke in support of the project.

Joanne Conca, the owner of the neighboring office building at 18525 Sutter Blvd. expressed concerns regarding the potential for vehicles driving through her property to access the proposed drive-through. She also discussed the ongoing negotiations with Chick-fil-A and that authorization was still needed to construct improvements, including a sidewalk and landscaping within the easement on their property. She also raised issues with maintenance and liability responsibility within the shared easement. An attorney representing the applicant acknowledged Ms. Conca's concerns and expressed confidence that any outstanding issues could be resolved.

The Planning Commission's discussion of the item at the September 26, 2023 meeting is summarized as follows:
a. Sutter Blvd. Median - As recommended by the City Engineer, the Design Permit conditions require a new median island to be constructed at the Sutter Blvd./Cochrane Plaza intersection that restricts left turns and through movements. The Commission had questions as to whether the traffic safety benefits of the proposed median would outweigh the inconvenience as a result of motorists needing to find alternative routes for entering/exiting Cochrane Plaza. Scott Creer, the City Engineer, and Robert Del Rio from Hexagon Transportation Consultants reiterated the safety benefits of reducing potential conflicting traffic movements at the intersection and indicated that motorists would be able to find alternatives to using this intersection.

11 b. Concerns of neighboring office building property owner - In response to the concerns of Joanne Conca regarding the potential for vehicles from Jarvis Road to drive through her property, Commissioners suggested that she could install bollards, signage, or other traffic calming measures to discourage vehicles from using her property. The applicant expressed a willingness to further discuss the installation of traffic calming measures. A request to include additional conditions/guidance (including bollards, signage) in the Conditional Use Permit was not accepted by the maker of the motion to approve the resolution.
c. Ingress/Egress Easement - In response to the concerns of Joanne Conca regarding the maintenance and liability responsibility within the easement, the City Attorney indicated that the City does not have a role in the interpretation of the easement language with respect to these issues. Commissioners concurred that these were matters to be resolved between the two parties. The Commission expressed support for the Design Permit condition requiring written confirmation from the owner of the underlying property allowing the construction of the improvements within the easement before the City's issuance of Building Permits (Page 14, Resolution No. 23-09).

COMMUNITY ENGAGEMENT:

The proposed project was publicly noticed (mailing to property owners within 300 feet of the project and newpaper legal noticing) for the minimum 10-day period. A sign was also posted on the site regarding the pending project. Refer to the attached Planning Commission Staff Report for additional information. A public notice was published in the newspaper and a mailing to property owners was sent out for this Call for Review public hearing.

ALTERNATIVE ACTIONS:

The City Council could decide to reverse the Planning Commission’s decision to approve the project and deny the Conditional Use Permit and/or Design Permit.

Alternatively, the City Council could adopt additional conditions of approval that may address issues or concerns.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Planning Commission conducted a public hearing and voted 5-1-0-1 (Commissioner Tanda opposed, Commissioner Lake absent) to approve a Conditional Use Permit (File No. UP2022-0007) and a Design Permit (File No. SR2022-0004) to allow an approximately 5,000-square-foot drive-through restaurant (Chick-fil-A) on the southwest corner of Cochrane Road and Sutter Blvd.

FISCAL AND RESOURCE IMPACT:

The City Development Review functions are cost recovery, with fees collected from applicants to cover the cost of services. These fees have been collected from the applicant.

11 CEQA (California Environmental Quality Act):

An Initial Study was prepared that supports a determination that the proposed project qualifies for an exemption under CEQA Guidelines Section 15332, Class 32 for infill developments that meet the following criteria:

1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

2. The proposed development is within the city limits on a project site of no more than five acres substantially surrounded by urban uses.

3. The project site has no value as habitat for endangered, rare, or threatened species.

4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

5. The site can be adequately served by all required utilities and public services.

Item
Attachment
RESOLUTION NO. 23-_

A RESOLUTION AFFIRMING THE DECISION OF THE
PLANNING COMMISSION TO ADOPT RESOLUTION NO. 23-
08 APPROVING THE CONDITIONAL USE PERMIT
AND RESOLUTION NO. 23-09 APPROVING THE DESIGN
PERMIT FOR AN APPROXIMATELY 5,000 SQUARE FOOT
DRIVE-THROUGH RESTAURANT (CHICK-FIL-A) ON A 1.82
ACRE SITE AT SUTTER AND COCHRANE.

WHEREAS, on December 7, 2022 applications were submitted by 4G Development on behalf of Chick-fil-a for the request of a Conditional Use Permit and a Design Permit to allow an approximately 5,000 square foot drive-through restaurant including the demolition of the existing building; and
WHEREAS, pursuant to the Morgan Hill Municipal Code Section 18.136.050.A, the Director of Development Services determined the projects exempt from the California Environmental Quality Act (CEQA) as it meets the criteria for the Infill Development Project Exemption (Guidelines Section 15332); and
WHEREAS, testimony was received at the duly noticed public hearing, along with exhibits and drawings and other materials on August 22, 2023; and
WHEREAS, the public hearing, was continued to the Planning Commission meeting on September 26, 2023; and
WHEREAS, testimony was received at the duly noticed public hearing, along with exhibits and drawings and other materials on September 26, 2023; and the Planning Commission voted 5-1-0- 1 (Commissioner Tanda opposed, Commissioner Lake absent) to adopt Resolution No. 23-08 approving a Conditional Use Permit and 5-1-0-1 (Commissioner Tanda opposed, Commissioner Lake absent) to adopt Resolution No. 23-09 approving a Design Permit; and WHEREAS, the City Council, called for a review of the Planning Commission’s decision to approve the applications to the City Council pursuant to Morgan Hill Municipal Code 18.112.040 Calls for review, thus suspending the Planning Commission actions until the City Council renders a final decision: and
WHEREAS, on November 15, 2023 the Morgan Hill City Council conducted a hearing on the applications, provided all interested parties and opportunity to be heard, and received, reviewed and considered all testimony and other evidence provided regarding the subject of this review by the City Council.

NOW, THEREFORE, THE MORGAN HILL CITY COUNCIL DOES RESOLVE AS FOLLOWS:

City of Morgan Hill
Resolution No. 23-__

SECTION 1. The Projects approved pursuant hereto are exempt from the California Environmental Quality Act (CEQA) as the environmental checklist provides substantial evidence that the proposed project can be considered exempt from the California Environmental Quality Act on the basis that it meets the criteria for the Infill Development Project Exemption (Guidelines Section 15332) and does not meet any of the exceptions for exemptions (Guidelines Section 15300.2).

SECTION 2. As indicated in Planning Commission Resolutions No. 23-08 and No. 23-09, adopted on September 26, 2023, the Conditional Use Permit and Design Permit have been found consistent with the Findings of approval contained in Section

18.108.030 and 18.108.140 of the Zoning Code
SECTION 3. The approved project shall be conducted in a manner consistent with the Conditions of Approval attached as Exhibit A to Planning Commission Resolution No. 23-08 and Exhibit A to Planning Commission Resolution No. 23-

09. SECTION 4. The City Council hereby affirms the Planning Commission’s adoption of Resolution No. 23-08 and Resolution No. 23-09, approving a Conditional Use Permit and a Design Permit subject to the conditions set forth in the resolution hereto and incorporated herein this reference. Any expansion, intensification, or changes to the use approved under this conditional use permit deemed major by the Development Services Director shall be permitted only upon amendment of this Conditional Use Permit or approval of a separate Conditional Use Permit application. Minor deviations to the Design Permit may be approved by the Development Services Director when consistent with the overall intent of the project.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 15th day of November 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

City of Morgan Hill
Resolution No. 23-__

 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.23-00_ adopted by the City Council at the meeting held on ____________, 2023.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

From: Donnell Thomas <[email protected]>
Sent: Wednesday, October 25, 2023 12:08 AM
To: CityClerk <[email protected]>
Subject: [EXTERNAL] Update on Chick-fil-A
Dear City of Morgan Hill,
I am wri:ng to express my views and concerns regarding the construc:on of the new Chick-fil-A restaurant at the corner of Cochran and Su<er, par:cularly in rela:on to the neighboring building. As a resident and supporter of economic development in our community, I believe that progress should not be hindered by the parking lot issue next-door.

My primary concern is whether a resolu:on has been reached regarding the parking lot to the neighboring building. While it is important to respect the needs and concerns of all par:es involved, I strongly believe that this ma<er should not impede the progress of Chick-fil-A in demolishing the old restaurant and construc:ng a new one for Morgan Hill.

Chick-fil-A will be a valued part of our community, providing both jobs and a popular dining op:on for residents. The prospect of a new and improved establishment is exci:ng, and it would contribute to the growth and vibrancy of our city.

I urge the City to consider the greater benefit to our community and work diligently to facilitate a solu:on that allows Chick-fil-A to proceed with their plans. It is my opinion that the poten:al economic and social advantages of the new restaurant outweigh the concerns related to the neighboring building’s parking lot. The business that Chick-fil-A will be bringing into our community would be a posi:ve value to the neighbor, which will probably bring her more business.

I would appreciate any updates or informa:on on the current status of this issue and any ac:ons taken by the City to ensure a posi:ve outcome. I believe in the importance of open communica:on and collabora:on for the be<erment of our community.

Thank you for your a<en:on to this ma<er.

Sincerely,
Donnell Thomas
17631 Calle Mazatan, Apt. 2
Morgan Hill, CA 95037
(408) 318-2715

From: Bernard Mulligan <[email protected]>
Sent: Wednesday, November 1, 2023 11:44:34 AM
To: Mark Turner <[email protected]>
Subject: [EXTERNAL] Chick-fil-A
Hi Mark,
I’m in favor of supporting the above restaurant. Thanks. I hope to see you at the Philanthropy Night event
Sent from my iPhone
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

From: JAMES REALINI <[email protected]>
Sent: Wednesday, November 1, 2023 12:03:09 PM
To: Mark Turner <[email protected]>
Subject: [EXTERNAL] Chick-fil-a to Morgan Hill
Please support bringing Chick-Fil-A to Morgan Hill.

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

From: DANEAN SMITH <[email protected]>
Sent: Wednesday, November 1, 2023 2:00 PM
To: Rene Spring <[email protected]>
Cc: Yvonne Martinez Beltran <[email protected]> Subject: [EXTERNAL] Please APPROVE a Chick-fil-A in Morgan Hill

PLEASE, PLEASE, PLEASE
Support the APPROVAL of a Chick-fil-A in Morgan Hill. We really need one here, it‘s crazy there’s not one in south county until you get to Salinas.

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

4 PLANNING COMMISSION STAFF REPORT
MEETING DATE: September 26, 2023
PREPARED BY:

Rich Buikema, Contract Planner
APPROVED BY: Jennifer Carman
UP2022-0007/SR2022-0024 SUTTER-CHICK-FIL-A CONDITIONAL USE PERMIT AND DESIGN PERMIT FOR AN APPROXIMATELY 5,000 SQUARE FOOT RESTAURANT WITH DRIVETHROUGH ON A 1.82 ACRE SITE.

RECOMMENDATION(S)

1. Open/close public hearing; and

2. Adopt a Resolution approving a Conditional Use Permit for an approximately 5,000 square foot restaurant with a drive-through.

3. Adopt a Resolution approving a Design Permit for an approximately 5,000 square foot restaurant with a drive-through

LOCATION MAP/PROJECT INFORMATION:

1. Location: Southwest corner of Sutter Blvd. and Cochrane Road (APN 726-32-002, 726-32-022)

2. Site Area: 1.82 acres

4 3. General Plan: Commercial

4. Zoning: PUD - CG (Morgan Hill Ranch Business Park)

5. Request: Request for a Conditional Use Permit and Design Permit to construct an approximately 5,000 square foot drive-through restaurant (Chick-fil-a) on the site of an existing 6,900 square foot sitdown restaurant proposed for demolition.

BACKGROUND:

A Conditional Use Permit and Design Permit is requested to construct an approximately 5,000 square-foot drive-through restaurant on a 1.63-acre property presently developed with a vacant 6,900 square foot restaurant building (formerly Marie Callender's & Forbes Grill). The existing building is proposed to be demolished (photo below).

The project includes an additional approximately .19-acre area for landscaping and sidewalk

4 improvements within an existing ingress/egress easement on the adjoining property to the south at 18525 Sutter Blvd for a total project area of 1.82 acres.

Drive-through uses may be conditionally allowed in the CG General Commercial district (as referenced in the Morgan Hill Ranch Business Park (PUD) Attachment 4), with the approval of a Conditional Use Permit by the Planning Commission. A Design Permit is proposed concurrently that will ensure that the proposed use and site design are compatible with their surroundings. The Development Services Director elevated the Design Permit to the Planning Commission for review and final decision.

PROJECT DESCRIPTION:

Site Description
The site is on the southwesterly corner of Cochrane Road and Sutter Blvd and was originally developed in 1990 with a 6,000 square foot sit-down restaurant and an associated surface parking lot that is currently vacant. The site does not have direct street access to either Sutter Blvd or Cochrane Road. Access from Sutter Blvd is taken through an existing 60’ wide easement on the adjacent parcel to the south that is also utilized for access by the Evergreen Village Commercial Center. There is an existing Landscape and Public Service Easement across the entire project frontage that is 40 feet wide on the Cochrane Road frontage and 20' on the Sutter Blvd. frontage that must remain free of buildings. The existing Morgan Hill Ranch sign structure is proposed to remain.

Surrounding Uses
General Plan
Land Use
Zoning Existing Use
North Industrial Il - Light Industrial Office (Cochrane Business Ranch)
South Commercial PUD (Morgan Hill Business
Park)
Office
East General Commercial PUD (Morgan Hill Business
Park)
Retail (Cochrane Plaza)
West Commercial PD (Evergreen Village) Commercial/Retail (Evergreen Village)
Surrounding existing land uses include commercial and light industrial uses to the north, and a business park to the northwest, across Cochrane Road; a shopping center to the east, across Sutter Boulevard; medical offices to the southeast; and the 20-acre Evergreen Village Commercial Center to the west (Attachment 13).

Existing drive-through uses in the Evergreen Village Commercial Center include a Starbucks and a 7/11 Gas Station/Convenience Store with a Car Wash. The Design Permit has been approved for a Taco Bell but building permits are still pending. A hotel (Holiday Inn Express) has been approved on the portion of the Evergreen Village directly adjacent to the proposed site that has not yet obtained Building Permits.

A Conditional Use Permit and Design Permit are currently pending for a Raising Cane's drivethrough restaurant in the Evergreen Village Commerical Center on the southeast corner of Cochrane Road and Butterfield Blvd. The PD requires a conditional use permit for any additional drive-through uses above three - Raising Cane's would be the fourth drive-through use in the Evergreen Village Commercial Center.

4 Other drive-through restaurants in the area include McDonald's in the Cochrane Plaza Shopping Center on the southwest corner of Cochrane Road and Madrone Parkway and an In-N-Out Burger on the northeast corner.

Operations
As described in the Project Description/Statement of Operations (Attachment 3), the proposed Chick-fil-a restaurant would operate from 6 a.m. to 10 p.m., Monday through Saturday, and would be closed on Sundays. The restaurant would include a meal fulfillment area, dining area, kitchen, team member room, office, and restrooms. Customers would either order inside the restaurant building, online, or from their vehicles using the dual drive-thru lane. The restaurant will have approximately 75 seats, indoors and an outdoor patio area with approximately 25 seats.

Site Plan and Circulation
As indicated on the site plan (attachment 15), the main restaurant building is proposed to be set back 112' feet from the Cochrane Road right-of-way and 56' from the Sutter Blvd right-of-way.

Canopy structures are proposed on the front and side of the building over the ordering and pickup portions of the drive-through lanes that are setback 60' from Cochrane Road and 20' from Sutter Blvd. The building is setback 75' (canopy 50') from the interior property line. A pergola is proposed over the outdoor dining area on the south side of the building.

The large setbacks are due to the existing Landscape/Public Service easement and the development standards of the Morgan Hill Ranch Business Park (Attachment 2). As shown in the plans, the setback areas will be used for landscaping, stormwater treatment/detention, and flood control measures. A low wall is proposed along the outside edge of the drive-through lane to screen the visibility of the drive-thru lane from the street.

Primary access to the project site would be provided from a 35-foot-wide driveway in the southern corner of the project site, which would connect to the existing easement north of the medical office and allow vehicles to both enter and exit the project site. A second 22-foot-wide entrance-only driveway would be provided from Cochrane Road, at the northwest corner of the site. According to the Traffic Operation Analysis, providing egress from the Cochrane Road driveway was not recommended due to the following:
• Adequate outbound access from the project site onto eastbound Cochrane Road would be provided via Sutter Boulevard and Skipper Lane.
• Outbound vehicles would turn onto a right-turn-only lane along Cochrane Road and would need to merge into the adjacent travel lane to continue eastbound along Cochrane Road. • An existing bike lane merges with the right-turn lane at the location of the proposed driveway.

The northwest driveway would connect to a one-way internal roadway before merging into the main parking area. The two proposed drive-through lanes will have a capacity of 48 vehicles. Each lane would have a maximum queue capacity of 24 vehicles per lane, assuming 20 feet per car and full utilization of each lane. During normal operations, customers would merge into a single lane as they proceed past the ordering area; during periods of higher operational tempo, customers would remain in a two-lane configuration as employees would deliver food to customers in the outside lane.

The use of the existing ingress/egress easement for the purposes of accessing the proposed project is in dispute as indicated in the attached correspondence from Joanne Conca (property owner 18525 Sutter Blvd.) and Basil S. Shiber an attorney representing Chick-fil-A, Inc. (Attachments 10 & 11).

4 As this is a civil issue between the two parties, the City is not taking a position on this matter and is proceeding with the processing of these applications. Access to the site from Sutter Boulevard will be required as a condition of approval, prior to issuing Building Permits.

PROJECT ANALYSIS AND FINDINGS:

ANALYSIS
The proposed project was analyzed with respect to conformance with: 1) Morgan Hill 2035 General Plan; 2) Zoning Ordinance; and 3) California Environmental Quality Act :

1. Morgan Hill 2035 General Plan
The proposed project is consistent with the Commercial General Plan land use designation that is primarily located along arterial roadways west of Highway 101 and along the eastern freeway frontage. This designation is intended to allow a wide range of retail businesses, administrative and executive office uses, and professional services, either in stand-alone buildings or as part of shopping centers.

The proposed project aligns with the following General Plan Goals and Policies that are relevant to the proposed Use Permit.

Policy CNF- 4.9 Orderly Growth
Urban growth should occur in an orderly and contiguous pattern, within the designated Urban Service Area, encouraging infill of vacant urban land.

The proposed project is infill development within the City's Urban Service area that is served by existing roads, infrastructure and services.

Policy CNF-8.1 Require all development to feature high quality design that enhances the visual character of Morgan Hill.

The redevelopment of the existing restaurant will enhance the project site with a new restaurant building and updated landscaping that is complementary to the surrounding commercial development.

Policy ED–2.2. Economic Development to Manage Fiscal Impacts. Encourage economic development that addresses community needs and minimizes negative impacts on services, including impacts on water, stormwater, and wastewater.

The City of Morgan Hill will benefit from increased tax revenue generated by a Chick-fil-A restaurant.

This revenue can be used to fund public services and infrastructure projects that contribute to economic development. A Chick-Fil-A has very little impact on local water, stormwater or wastewater.

GOAL ED-7 Thriving stores, restaurants, and shopping centers that meet local resident shopping needs and also attract regional shoppers and tourists.

Policy ED 7.1 Shopping Center and Other Commercial Development. Support the development of retail facilities to meet local demand and regional market opportunities, including the overlap between visitor and resident serving uses, by encouraging retail goods and services that serve both market segments.

Chick-fil-A restaurants can attract customers from nearby areas, leading to increased foot traffic in shopping centers or commercial districts. This can indirectly benefit other local businesses by

4 exposing them to potential customers.

Policy ED 7.2 Regional Retail Facilities. Support the development of regional retail facilities that are visible and accessible from the City’s freeway exits, to provide easy access by local residents as well as shoppers traveling from outside the City.

Chick-Fil-A is a well-known, sought-after brand that has been expanding in neighboring cities. If approved, this location will provide Morgan Hill residents with improved access to a restaurant that has demonstrated a regional draw.

Policy ED – 7.3 Commercial Center Revitalization and Reuse. Support actions and projects that facilitate the revitalization of existing shopping centers and, when appropriate, reuse them.

The proposed site for the new Chick-Fil-A restaurant has been vacant since 2021. As time goes by, the sight is likely to become more blighted and subject to vandalism. Revitalization of this site will significantly improve the vitality and aesthetics of the existing site.

Chick-fil-A restaurants can attract customers from nearby areas, leading to increased foot traffic in shopping centers or commercial districts. This can indirectly benefit other local businesses by exposing them to potential customers.

Policy TR-3.4 Level of Service Standards. The Level of Service (LOS) policy and design criteria for roadway improvements, use a Tiered LOS Standard.

According to the City of Morgan Hill level of service guidelines, development is said to create a significant adverse effect on traffic conditions at a signalized intersection if for either peak hour:

1. The level of service at the intersection degrades from an acceptable level (LOS D or LOS E as identified above) under no project conditions to an unacceptable level (LOS E or F) under project conditions, or

2. The level of service at the intersection is an unacceptable level (LOS E or F as identified above) under no project conditions and the addition of project trips causes the average critical delay to increase by four (4) or more seconds and the volume-to-capacity ratio (V/C) to increase by 0.01.

Project Trip Generation
As indicated in the Trip Generation and Operations Analysis (Attachment 6), the trip generation rates were determined utilizing vehicular counts at three existing Chick-fil-A restaurants (Pittsburg (CA), Milpitas, and Daly City) that have two drive-through lanes and are of comparable square footage to the proposed project. The project is estimated to generate 911 primary vehicle trips per day, with 51 primary vehicle trips (26 inbound and 25 outbound) in the AM peak hour and 100 primary vehicle trips (52 inbound and 48 outbound) in the PM peak hour. This assumes that 50% of vehicles will be pass-by trips which are trips made by drivers who already pass-by the site enroute to another destination. Including the pass-by trips, the project is estimated to produce 1,822 daily vehicle trips with 101 AM peak-hour trips (52 inbound and 49 outbound) and 201 PM peak-hour trips (101 inbound and 97 outbound) before any reductions. Because the existing commercial building on the project site is currently vacant, no trip credits were applied for the existing commercial space.

The Trip Generation and Operations Analysis indicates that the studied intersections currently operate at an acceptable LOS D or better conditions under existing conditions and that the project is consistent with the General Plan Level of Service Policy as the addition of project traffic would not result in the degradation of the studied intersections to an unacceptable level of service (LOS E or F) during the AM and PM peak hours under existing plus project conditions.

4 Off-site Improvements
The Trip Generation and Operations Analysis also indicated that operations could be improved at the Sutter Boulevard and Cochrane Plaza intersection by restricting left-turns and through movements from each of the driveways at the intersection (east and west legs) by closing the median gap along Sutter Boulevard.

As indicated below, a median could be constructed to maintain left turns from Sutter Boulevard to each of the driveways. The median gap closure would restrict turn movements from the Sutter Boulevard driveway to right-turns only and require project trips that are bound for northbound Sutter Boulevard and Cochrane Road to utilize Skipper Lane through the adjacent Evergreen Village center rather than Sutter Boulevard. This improvement is included as a condition of approval of the Design Permit.

2. Zoning Ordinance and Morgan Hill Business Park Planned Development The site is designated for General Commercial use within the Morgan Hill Ranch Business Park Planned Unit Development zoning district (Ordinance #979, adopted June 1990) (Attachment 7).

The zoning references the allowed uses of the GC general commercial district as amended which would correspond to the current General Commercial (GC) Zoning district. Drive-through uses are conditional uses in the General Commercial (GC) district and require a Conditional Use Permit.

Development standards for the General Commercial designation shall be the same as those established for the Non-Manufacturing Business designation of the Morgan Hill Business Park. The proposal is consistent with all provisions in the Zoning Code and the MHRBP Planned Development as demonstrated in the consistency tables provided below.

4 Standard Requirement
(MHBD PUD)
Proposed Consistent
Setbacks
Front (Cochrane Rd.) 40' 112' (Bldg.)
60' (Canopy)
Yes
Front (Sutter Blvd) 30' 56' Yes
Interior Side 0 75' (Bldg.)
50' (Canopy)
Yes
Max. Height 50' 23'-5" Yes
Bldg. Coverage 50% 7.1% Yes
Parking 1 per 60 feet of public
accommodation (1,998
sq. ft.) plus one space
for every 250 sq. ft.
gross floor area
remaining (3,030 sq. ft)
(5,028 sq. ft. total)
46 stalls required
46 stalls provided Yes
Additionally, drive-through facilities are subject to the supplemental standards contained in Chapter

18.92.040. As discussed in the Trip Generation and Operations Analysis (Attachment 6), the proposed project exceeds the minimum requirements for a drive-through use below:

1. Drive-through lanes for fast food restaurants shall have a capacity for at least eight vehicles, at 20 feet per vehicle.

The project has a capacity of 48 vehicles, which exceeds this requirement.

2. The drive-through lanes are separate from the drive aisles, serving the project’s surface parking lot.

The proposed drive-through lanes are separated from the parking lot and would not interfere with the ingress and egress of vehicles to/from the project site.

3. Pedestrian access routes shall not cross a drive-through lane within the minimum stacking space distance (8 vehicles).

As shown on the site plan, pedestrian access routes will be located across the drive-through exits (past the drive-through window) and across both lanes, approximately 17 car lengths back from the drive-through exits. Thus, the location of the proposed pedestrian access routes would meet minimum requirements.

4. Vehicular entrance or exit to a drive-through establishment shall be setback from the nearest public street intersection.

The proposed Cochrane Road driveway entrance-only would be located approximately 190 feet east of an existing right-in/right-out only driveway and 190 feet west of Sutter Boulevard. This meets the

4 required separation of at least 115 feet for roadways with a posted speed limit of 45 mph without a median opening. The existing Sutter Boulevard driveway is located approximately 340 feet south of Cochrane Road and 340 feet north of Jarvis Drive. This meets the required separation of at least 150 feet for roadways with a posted speed limit of 35 mph with a median opening.

According to the Traffic Operation Analysis, vehicle queues were observed at three Chick-fil-A restaurants with two drive-through lanes during the weekday AM and PM peak-hours, as well as the Saturday lunchtime period, to confirm that the proposed drive-through storage would meet demand.

The maximum queue observed during weekdays was a total of 29 vehicles across two drive-through lanes during the PM peak-hour, while the maximum queue observed during the Saturday lunchtime period was 38 vehicles. Thus, the proposed drive-through with a total capacity of up to 52 vehicles is expected to have adequate capacity to accommodate expected queues during peak periods and not expected to spill over onto Sutter Boulevard or Cochrane Road. However, it is recommended ChickFil-A develop a queue management plan that can be implemented during high demand periods to prevent the potential for the drive-through queues to inhibit circulation within the project parking lot and block access to adjacent properties. The preparation of a queue management plan is recommended by staff as a condition of approval of the Conditional Use Permit.

Noise
The proposed project is required to comply with the noise limitations in Municipal Code Section

18.76.090, which limits noise as measured at the lot line adjacent to commercial uses to 65 dBA. As discussed in the Initial Study, and as documented in the Environmental Noise & Vibration Assessment (Appendix C) (Attachment 8), operations associated with the proposed project would generate noise associated with parking lot movements, drive-through operations (vehicle passages and amplified menu speaker board), on-site vehicle circulation, outdoor patio noise (patrons conversing), delivery truck circulation and delivery activities, and non-transportation sources, such as landscaping, maintenance, and heating ventilation and air conditioning (HVAC) equipment.

As indicated in the Noise assessment, none of the foregoing noise generation sources would substantially increase noise levels from what currently exists in the project area . As such, the project will not expose persons to or generate noise levels that would exceed applicable noise criteria in the Morgan Hill General Plan or Morgan Hill Municipal Code.

3. Conditional Use Permit Findings
In reviewing the application for a Conditional Use Permit, the Planning Commission shall consider the following:

1. The proposed use is allowed in the applicable district.

Drive-through facilities are identified as a “Conditional Use” in the CG General Commercial Zoning District as referenced in the Morgan Hill Ranch Business Park Planned Unit Development Zoning

2. The proposed use is consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by the City Council.

The proposed use is considered a commercial use that is consistent with the Commercial General Plan designation on the site. As previously indicated, the project is consistent with the CG zoning on the property. The proposed site plan conforms with the Development Standards of the Morgan Hill Business Park Planned Unit Development zoning district and the Design Review Handbook for commercial uses.

3. The site is suitable and adequate for the proposed use.

The site is appropriately zoned and of adequate size to accommodate the proposed use. The project

4 as proposed conforms with the supplemental standards for drive-through facilities in MHMC Chapter

18.92.040 including drive-through lane capacity and intersection separation requirements.

4. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the property.

The proposed restaurant is located within a primarily commercial area and is similar in size, design and operating characteristics with similar existing and planned drive-through uses within the adjacent Evergreen Village Commercial Center and in the Cochrane Plaza to the east on Cochrane Road.

A Noise analysis was performed to demonstrate that the office use on the adjoining property to the south on Sutter Blvd. would not be impacted by noise from the new restaurant operations.

5. The proposed use will not be detrimental to the public health, safety, and welfare of persons residing or working in the surrounding areas.

The project's operations would not adversely affect public health, safety, or welfare as it conforms with the applicable Zoning code, Morgan Hill Business Ranch development standards, and Municipal code performance standards for drive-through uses. A Noise analysis was performed to demonstrate that the surrounding uses would not be impacted by noise from the new restaurant operations. The project will comply with stormwater and building code requirements.

6. The proposed use would not have a substantial adverse effect in traffic circulation and on the planned capacity of the street system.

An intersection level of service analysis was performed in conjunction with the attached Trip Generation and Operations Analysis that shows that intersections in the vicinity currently operate at an acceptable LOS D or better conditions under existing conditions, and the addition of project traffic would not result in the degradation of the study intersections’ levels of service during the AM and PM peak hours under existing plus project conditions. The planned median closure on Sutter Blvd will also improve traffic operations.

7. The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

The proposed project is a redevelopment of an existing restaurant site and is located within a developed area that is adequately served by existing or planned services and infrastructure.

4. Design Permit
A Design Permit is a discretionary action that enables the City to ensure that proposed development has high quality design consistent with the General Plan and any other applicable specific plan or area plan adopted by the City Council. The Design Permit process is also intended to ensure that new development and uses are compatible with their surroundings and minimize negative impacts on neighboring properties.

The Design Permit does not consider or permit the use of a building – it considers the design of the building and the site the building is located upon.

In accordance with Section 18.108.040.B (Reviewing Authority), the Community Development Director (Development Services Director) is the reviewing body to act on all Design Permit applications unless the Director finds that project to be significant. However, the Director may refer any Design Permit application to the Planning Commission for review and final decision. When

4 considering the Design Permit, the City shall evaluate applications to ensure that they satisfy the following criteria: conform to the policies of the General Plan, and any applicable specific plan, and are consistent with any other policies or guidelines the City Council may have adopted.

To approve a Design Permit, the reviewing authority shall make the following findings:

1. The proposed project is consistent with the General Plan and any applicable specific plan, area plan, or other design policies and regulations adopted by the City Council.

The site has a Commercial General Plan designation in the Morgan Hill 2035 General Plan. The General Plan specifies a maximum floor area ratio of 0.60 percent The proposed commercial development of the site is consistent with General Plan policies that encourage additional job opportunities for residents.

Policy CNF-8.1 High Quality Design. Require all development to feature high-quality design that enhances the visual character of Morgan Hill.

The proposed building is a unique design (Attachment 12) that is appropriate for this prominent location. The building design utilizes a variety of materials using stucco, glass, steel, and wood composite panels on all sides to create visual interest, lessen the mass of the building, and add visual appeal in accordance with the Morgan Hill Architectural Review Handbook. Landscaping is designed to complement the building design, providing additional visual interest and screening.

Policy CNF-8.4 Architectural Quality. Optimize architectural quality by encouraging the use of quality materials, particularly accents and authentic detailing, such as balconies and window trims.

The proposed development features an architectural style that is compatible with the surrounding developments, including the adjacent Evergreen Village shopping center and Morgan Hill Business Ranch.

Policy CNF-8.5 Building Façade. On all sides of buildings, require the incorporation of quality architectural design elements for all building facades and stepping back upper floors in order to reduce bulk and mass and to break up monotonous wall lines.

Quality materials and elements are included on all four sides of the building. Building façade articulation is included to break up monotonous wall lines.

Policy CNF-8.7 Design Sensitivity. Ensure that new development is sensitive to the character of adjacent structures and the immediate neighborhood.

The proposed architecture complements the adjacent commercial development. The proposed design is in keeping with that of the new development in the adjacent Evergreen Village Center including the proposed hotel on the adjacent property.

2. The proposed project substantially complies with all applicable design standards and guidelines contained in the Design Review Handbook.

The proposed project substantially complies with all applicable design standards and guidelines contained in the Design Review Handbook including;
• Architectural Elements to break up long horizontal rooflines. • Roof lines that screen roof-mounted equipment
• Consistent design with surrounding development and character

4 • Does not utilize "chain' architecture
• Screening of drive-through lanes

3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

An initial study was prepared that supports a determination that the proposed project qualifies for an exemption under CEQA Guidelines Section 15332, Class 32 for infill developments.

4. The proposed project development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

The project's operations would not adversely affect public health, safety, or welfare as it conforms with the applicable Zoning code and Morgan Hill Business Ranch development standards and Municipal code performance standards for drive-through uses. A Noise analysis was performed to demonstrate that the surrounding uses would not be impacted by noise from the new restaurant operations. The project will comply with stormwater and building code requirements.

5. The proposed project complies with all Design Review criteria in subsection H. of Section

18.108.040 of the municipal code.

The project as proposed complies with all criteria in subsection H of Section 18.108.040 (Design Review Criteria) of the Morgan Hill Municipal Code.

1. Community Character. The proposed development is compatible with and preserves the character and distinctive sense of place for Morgan Hill. The building design utilizes a variety of materials using stucco, glass, steel, and wood composite panels on all sides to create visual interest, lessen the mass of the building, and add visual appeal in accordance with the Morgan Hill Architectural Review Handbook. Landscaping is designed to complement the building design providing additional visual interest and screening.

2. Neighborhood Compatibility. The proposed development incorporates appropriate height, massing and intensity compatible with adjacent buildings. The project height, massing and intensity is consistent and compatible with the adjacent properties.

3. Pedestrian Environment. The proposed development incorporates sidewalks, connections to public ways and an outdoor dining to support an active public realm and an inviting pedestrian environment.

4. Privacy. The proposed development locates buildings and building entrances, windows and doors with an adequate buffer including landscaping for privacy from adjacent properties and for project occupants.

5. Safety. The proposed development promotes safety and minimizes opportunities for crime by locating main entrances visible from adjacent main roads.

6. Massing and Scale. The proposed development architecture complements and respects the neighboring structures. Large volumes are divided into small components with varying wall planes, material, color, and vertical articulation. Building sizes and scale are comparable with other buildings in the MHRBP.

7. Architectural Style. The proposed development features an architectural style that is compatible with the surrounding developments and natural features with a design that is original.