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12 CITY COUNCIL STAFF REPORT
MEETING DATE: November 15, 2023
PREPARED BY:
Jennifer Carman, Development Services Director
APPROVED BY: City Manager
ADOPT AMENDMENT TO THE MORGAN HILL MUNICIPAL CODE TO
CREATE A VEHICLE SALES OVERLAY ZONE (-VS) AT COCHRANE
AND US 101
RECOMMENDATION(S)
1. Open/close public hearing;
2. Waive first and second reading of the Ordinance Amendment; and
3. Introduce Ordinance Amendment
COUNCIL PRIORITIES, GOALS & STRATEGIES
2022-2023 Strategic Priorities
Fiscal Sustainability
Economic Development
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
An ordinance is being proposed that would establish Section 18.30.070 (Vehicle Sales Overlay Zone (-VS)) of Chapter 18.30 (Overlay Zones and Combining Districts) of the Zoning Code to allow vehicle-related uses as well as other compatible uses in different parts of the City that can support such a use. The initial applicability of the -VS overlay zone applies to the three parcels at the corner of Cochrane Road, Hwy 101 and DePaul Drive as shown on the zoning map extending approximately 1,800 feet south of Cochrane Road between Hwy 101 and DePaul Drive, comprising approximately 27.89 acres. The Planning Commission held a public hearing regarding the proposed draft Ordinance on October 24, 2023 and continued the item until November 14, 2023. This report will be updated with the Planning Commission recommendation prior to the November 15, 2023 City Council meeting.
Complete details of the proposed amendments are provided in the draft Ordinance (Attachment 1) and in the Planning Commission staff report. If the proposed Ordinance is approved, the Code Amendment becomes effective 30 days following the adoption of
12 the Ordinance by the City Council.
Pursuant to Section 18.114.060 (Findings for Approval), the City Council may approve a zoning code amendment only if all of the following findings are made:
a. The proposed amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860. b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
c. The proposed amendment is internally consistent with other applicable provisions of the zoning code.
The proposed amendments are consistent with the above findings as the amendments implement the General Plan and the 2017 Morgan Hill Economic Blueprint, do not propose any new uses that were not analyzed in the Morgan Hill 2035 Environmental Impact Report, and are internally consistent with other applicable provisions of the zoning code.
PLANNING COMMISSION ACTION:
The Planning Commission heard the item on October 24, 2023 and continued the item for further discussion. The item is scheduled to be heard at the November 14, 2023 Planning Commission meeting. Due to time constraints, the Planning Commission's feedback and recommendation will be provided to the City Council via a supplement prior to the November 15th Council meeting.
BACKGROUND:
The General Fund supports most of the City's major services, including police, fire, recreation, street maintenance, municipal governance, and administrative services. The two largest contributors to the General Fund are Property Tax and Sales Tax. Property Tax collections make up 35% of the General Fund while Sales Tax collections make up 25% of the General Fund. Within the Sales Tax number, the Autos and Transportation tax group accounts for about 25% of the Sales Tax collected, the most of any tax group.
Sales Tax generating retail is one of the four key industries identified in the City's 2017 Economic Blueprint that support the City's long term economic sustainability. In recognition of the substantial reliance on sales tax to support the basic City services, in 2002 the City adopted and implemented the Auto Dealer Incentive Program and made the recruitment and expansion of new auto dealers a priority in the Economic Development work plan. Since that time, the City Council has successfully utilized the Auto Dealer Incentive Program's incentives to help attract and/or support the expansion of three auto dealers in the City. An auto dealership can generate enough sales tax on an annual basis to support the salaries of two and one-half police officers. The only other use that could generate more tax revenue for the City per acre is an upper midscale hotel.
In addition to generating sales tax, retail provides retail goods and amenities for the
12 community, generates jobs and fosters place making. Retail requires careful planning, land use flexibility, and a proactive approach to secure adequate market share and capitalize on market trends. The City’s Economic Development team invests significant time, energy, and resources working with local property owners, potential developers, and potential users to identify opportunities for new commercial and retail investment that will support the continued growth and sustainability of Morgan Hill's General Fund.
Auto dealers, and similar businesses, locate in high visibility locations, typically either freeway facing or immediately adjacent to the freeway. And while some of this available freeway facing land in the City of Morgan Hill is designated for commercial use in the General Plan, the specific uses related to an auto dealership are currently not permitted on commercial land zoned Administrative Office (CO). Although Administrative Office (CO) zoning supports the future development of professional, general commercial, and medical office, the existing CO zoning district provides very limited flexibility and very little opportunity to generate significant sales tax revenue.
While the City's 2002 Auto Dealer Incentive Program identified a revenue sharing incentive program to support the high costs of Greenfield development and also identified preferred auto dealer sites, the City never updated the zoning code to make the sites easier for future development. This work has been done on a case by case basis based on market demand.
In May and June 2023, City staff brought forward a proposal to amend Section
18.24.020 (Land Use Regulations) of Chapter 18.24 (Commercial Zoning Districts) of the Zoning Code to allow vehicle-related uses as well as other compatible uses within the Administrative Office (CO) zoning district consistent with the Commercial (C) General Plan land use designation. The zoning amendments were approved by the Planning Commission on May 9, 2023. The City Council approved the amendments at the first reading on June 21, 2023 with the direction to return to City Council with Design Guidelines for Vehicle Sales uses. On August 23, 2023, the proposed zoning amendments were returned for a second reading and approval. The Vehicle Sales Use Design Guidelines were organized as a later item on the agenda. The proposed zoning amendments were not approved during the second reading and the Design Guidelines item was not presented and deferred to a later meeting. City Council directed staff to return with a new proposal for Vehicle Sales uses based on feedback provided by the City Council and the community.
To address community feedback, City staff returned to the Planning Commission on October 24, 2023 with a new proposal to create a Vehicle Sales (-VS) overlay zone to allow vehicle sales in different parts of the City on parcels that can support such a use.
The initial applicability of the -VS overlay zone applies to the three parcels at the corner of Cochrane Road, Hwy 101 and DePaul Drive as shown on the zoning map extending approximately 1,800 feet south of Cochrane Road between Hwy 101 and DePaul Drive, comprising approximately 27.89 acres. City staff is proposing that the overlay zone also incorporates design guidelines to address specific design elements for future dealerships that align with design goals in the General Plan. The overlay zone allows all 27.89 acres to be considered for vehicle sales regardless of the base zoning but sets
12 a percentage of the overall acreage where vehicle sales would be permitted by right.
The original proposal brought forward to Planning Commission was 80% of the overlay or 22.31 acres.
The Planning Commission continued the item for further discussion. The item is scheduled to be heard at the November 14, 2023 Planning Commission meeting. Due to time constraints, the Planning Commission's feedback and recommendation will be provided to the City Council via a supplement prior to the November 15th Council meeting.
Design Guidelines
At the June 21, 2023 City Council meeting, staff was directed to develop design guidelines for auto-related uses to address the concerns expressed by members of the public and city council. To assist with the development of the guidelines, the City engaged the services of Frank Fuller of Urban Design Studio to review best practices across the architectural design community and to help create design guidelines that articulate good design elements based on current vehicle sales models. With the creation of -VS overlay zone at Cochrane and Highway 101, City staff will actively pursue multiple auto dealers at this site. However, the City has the opportunity to guide how the site design and general appearance of these uses will look and feel to surrounding properties and the public. While individual businesses often have OEM (Original Equipment Manufacturer) standards for building design, the unification of individual site design standards can help bring different uses together in a cohesive pattern that complements one another. Through Design Guidelines, the City also has the ability to prohibit undesirable features of typical dealerships seen throughout the Bay Area.
The proposed Design Guidelines (attached) are intended to be applied to new vehicle dealerships in addition to the existing regulations and guidelines as contained in the Morgan Hill Municipal Code and Architectural Review Handbook. Vehicle dealerships located within an existing PD are not subject to the proposed Design Guidelines. The proposed Design Guidelines are organized to address public and City Council concerns in the following areas: Site, Building, Landscaping, Parking, Lighting and Signage.
The proposed guidelines encourage sites and buildings to be clean, high quality, subtle, and sophisticated. They encourage buildings and showrooms to orientate towards the street and utilize 360-degree architecture. They encourage the integration of service areas and general operations into the building design to minimize unsightly public rightof-way facing views.
The proposed guidelines discourage large, uninterrupted swaths of parked cars, light pollution, impacts on adjacent properties, and undesirable features.
City staff will have the ability to review and address design features and elements during the Design Review and entitlement process. Lastly, Design Guidelines are just one of the tools that can be used to influence how auto dealerships develop. In most cases, an auto dealership developer will require financial incentives such as a fee
12 freeze agreement, a fee financing agreement, and/or a sales tax sharing agreement in order to make the project financially feasible. These incentives can be used to help shape the project in a way that is compatible with the surrounding neighborhoods and the Morgan Hill community.
SB330
On October 11, 2023, Trammell Crow and High Street Northern California Development, Inc. submitted an SB330 Preliminary Application using the Builder's Remedy for 151 housing units across 13.83 acres within the Administrative Office (CO) zoned property within the proposed -VS area. The SB330 preliminary application locks regulations and fees at the time of application and provides for 180 days for the applicant to file a final Design Review application. Builder’s Remedy does not exempt applications from environmental review. Upon submission of a final Design Review application that conforms to SB330 requirements, an environmental review process will start parallel to application processing.
While the timing of the SB330 application creates some uncertainty as to the future use of the properties in question, City staff believe that the best path forward to protect the property from future housing development is to increase the flexibility of the commercial uses on the property, which includes the proposed overlay proposal.
PROJECT DESCRIPTION:
The City proposes establishing Section 18.30.070 (Vehicle Sales Overlay Zone (-VS)) of Chapter 18.30 (Overlay Zones and Combining Districts) of the Zoning Code to allow vehicle-related uses as well as other compatible uses in different parts of the City that can support such a use.
PROJECT ANALYSIS AND FINDINGS:
The proposed project was analyzed with respect to conformance with: 1) Morgan Hill 2035 General Plan; 2) Zoning Ordinance Findings and 3) California Environmental Quality Act:
1. General Plan Land Use Consistency
The proposed zoning amendment is consistent with the General Plan as the amendments implement the General Plan and the 2017 Morgan Hill Economic Blueprint.
2. Zoning Ordinance Findings
The purpose of the Zoning Code is to implement the General Plan and to protect public health, safety, and welfare. The City may approve a Zoning Amendment only if the following findings are made:
a. The proposed amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
Consistent:
The proposed text amendments are consistent with the General Plan as the amendments implement the General Plan and the 2017 Morgan Hill Economic
12 Blueprint.
b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
Consistent:
The proposed overlay district implements the General Plan and the 2017 Morgan Hill Economic Blueprint and does not propose any new uses that were not analyzed in the Morgan Hill 2035 Environmental Impact Report, and, therefore, will not be detrimental to the City.
c. The proposed amendment is internally consistent with other applicable provisions of the zoning code.
Consistent:
The proposed revisions will implement the General Plan and the 2017 Morgan Hill Economic Blueprint, and, therefore, are internally consistent with the overall zoning code.
3. California Environmental Quality Act
An Addendum to the Morgan Hill 2035 General Plan Final Environmental Impact Report (EIR) was prepared to address the impact of establishing the zoning amendment in accordance with CEQA Guidelines Section 15164. Individual projects will be subject to individual CEQA analysis.
CONCLUSION:
The proposed Zoning Code amendments will further support Morgan Hill's 2017 Economic Blueprint in the area of Retail development and provide additional land use flexibility that is critical to the City’s future economic vitality and sustainability. The Zoning Code amendment only removes a potential barrier to entry. Any actual project would be required to go through the City's entitlement process. Therefore, staff recommends the City Council adopt the Ordinance approving the Zoning Amendment.
COMMUNITY ENGAGEMENT:
Inform/Engage
A 10-day public hearing notice for the November 15, 2023 City Council meeting was published on Friday, November 3, 2023 in the edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notices were also provided on the City’s 411, City’s website, and via social media.
A 10-day public hearing notice for the October 24, 2023 Planning Commission meeting was published on Friday, October 13, 2023 in the edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notices were also provided on the City’s 411, City’s website, and via social media.
On October 12, 2023, the City's Economic Development team provided an update to the Morgan Hill Chamber of Commerce's Economic Development Committee that the City will be bringing forward a proposed Vehicle Sales Zoning Overlay (-VS) with Design
12 Guidelines (for the property bounded by Cochrane on the north, De Paul on the East, Hwy101 on the West and approximately 1,800 feet from Cochrane Rd to the South) for consideration at the October 24, 2023 Planning Commission and the November 15 City Council meeting.
On August 8, 2023, staff held a public workshop with the Planning Commission to review draft design guidelines and receive additional input.
On Monday, July 31, 2023, City staff held a meeting with community stakeholders who had previously expressed an interest in the CO Zoning Text Amendment and the location of auto/vehicle dealers on the Trammell Crow North 30 property to hear their concerns and gather feedback to be included in the design guidelines.
A 10-Day public hearing notice for the June 21, 2023 City Council meeting was published in the Friday, June 9, 2023 edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. Notices were also provided on the City’s 411, City’s website, and via social media.
The City's Economic Development team presented the proposed Zoning Code Text Amendment to the Morgan Hill Chamber of Commerce's Economic Development Committee on May 11, 2023 and conducted a Neighborhood meeting on June 15, 2023.
The neighborhood meeting was promoted in the City's 411.
On May 9, 2023, the Planning Commission held a public hearing regarding the proposed ordinance amendments in which a 10-day public hearing notice was published in the Friday, April 21, 2023 edition of the Morgan Hill Times.
ALTERNATIVE ACTIONS:
The City Council can decide not to adopt the proposed ordinance amendment or can make modifications.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On August 23, 2023, the City Council voted against a second reading of Ordinance No. 2347 New Series, by the following roll call vote: AYES: Borgioli, Turner; NOES: Librers, Martinez Beltran, Spring; ABSTAIN: None; ABSENT: None.
On June 21, 2023, the City Council introduced Ordinance No. 2347 New Series, by the following roll call vote: AYES: Borgioli, Librers, Turner; NOES: Martinez Beltran, Spring; ABSTAIN: None; ABSENT: None.
On May 9, 2023, the Planning Commission recommended approval of the Zoning Code Text Amendment on a vote of 4-1 with two members absent.
In January 2023, the City Council reaffirmed the Economic Development department's strategic priorities to include the attraction and recruitment of hotels and auto dealers.
12 On June 6, 2018, the City Council adopted Ordinance No. 2277 N.S., a comprehensive update of Title 18 – Zoning of the City of Morgan Hill Municipal Code. The update included an amendment to the City’s official zoning map consistent with the Morgan Hill 2035 General Plan.
In April 2017, the City Council unanimously adopted the 2017 Morgan Hill Economic Blueprint that identified Retail as a key strategy for long-term economic sustainability.
In 2002, 2003, 2013, 2014, and 2017, the City created and utilized the Auto Incentive program to attract and expand new auto dealers and vehicle sales to the City of Morgan Hill.
FISCAL AND RESOURCE IMPACT:
The City currently has only three (3) branded auto dealerships, but they make up approximately 25% of the City’s sales tax revenue. Sales tax revenue is an important source of General Fund revenue that the Council has the discretion to allocate and fund essential City services, including police, fire, street, parks, recreation, etc.
As the cost to maintain City services continues to outpace the City's anticipated revenue growth, it is important that the City focuses on economic development strategies that maintain and increase the City’s tax base. Amending the City’s municipal code to create a -VS overlay zone at Cochrane and US 101 to allow vehicle sales related uses for approximately 29 acres doesn’t guarantee more auto dealerships, but it gives the City and the Economic Development Team increased flexibility to pursue and attract high sales tax generating businesses to City.
CEQA (California Environmental Quality Act):
There are no new significant environmental impacts or previously identified significant impacts associated with the Project. Therefore, the City determined that an Addendum to the Morgan Hill 2035 General Plan Final Environmental Impact Report (EIR) is the appropriate California Environmental Quality Act (CEQA) document to address project modifications in accordance with CEQA Guidelines Section 15164. CEQA Guidelines Section 15164(c) provides that an addendum need not be circulated for public review.
ORDINANCE NO. xxxx, NEW SERIES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL ADDING SECTION 18.30.070
(VEHICLE SALES OVERLAY ZONE (-VS)) OF CHAPTER
18.30 (OVERLAY ZONES AND COMBINING DISTRICTS)
OF TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF
THE CITY OF MORGAN HILL ESTABLISHING THE
VEHICLE SALES OVERLAY ZONE (-VS) TO ALLOW
VEHICLE- RELATED USES AND OTHER COMPATIBLE
USES IN DIFFERENT PARTS OF THE CITY THAT CAN
SUPPORT SUCH A USE
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:
Section 1. Section 18.30.070 (Vehicle Sales Overlay Zone (-VS)) of Chapter 18.30 (Overlay Zones and Combining Districts) of Title 18 (Zoning) is hereby established to read as follows:
18.30.070 Vehicle Sales Overlay Zone (-VS).
A. Purpose of Vehicle Sales Overlay Zone. The purpose of the Vehicle Sales (-VS) overlay zone is to allow vehicle sales in different parts of the City on parcels that can support such a use.
This overlay zone also incorporates specific design elements for future dealerships that align with design goals in the General Plan.
B. Applicability. The -VS overlay zone applies to parcels at the corner of Cochrane Road, Hwy 101 and DePaul Drive as shown on the zoning map extending approximately 1,800 feet south of Cochrane Road between Hwy 101 and DePaul Drive comprising of approximately 27.89 acres.
C. Land Use Regulations. In addition to the uses allowed pursuant to the underlying base zoning district, the following uses are also allowed:
1. Allow “Restaurants, Fast Food” as a permitted use.
2. Allow “Restaurants, Sit-Down” as a permitted use.
3. Allow “Tasting Rooms” as a permitted use.
4. Allow “Convenience Market with Fuel and Service Station” as a conditional use.
5. Allow “General Retail” as a permitted use.
6. Allow “Fuel and Service Stations” as a conditional use.
7. Allow “Vehicle Rentals” as a permitted use.
8. Allow “Vehicle Repair and Maintenance, Minor” as a permitted use when associated with an on-site or off-site automotive manufacturer.
City of Morgan Hill
Ordinance No. xxxx, New Series
9. Allow “Vehicle Sales and Leasing” as a permitted use.
10. Allow “Vehicle Washing” as a conditional use.
D. Development Standards. The development standards that apply in the -VS overlay zone shall be the same as the underlying base zone with the exception of the following:
1. Vehicle Sale uses cannot utilize more than eighty (80) percent of the total acreage available within the overlay zone, preserving 20 percent of the total acreage for nonvehicle sales uses.
E. Design Guidelines for the Vehicle Sales (-VS) Overlay Zone. Vehicle Rentals, Vehicle Repair and Maintenance, Vehicle Sales and Leasing, and Vehicle Washing uses shall substantially comply with the following design standards and shall be reviewed through a design permit as required by Section 18.108.040 (Design Permit):
1. Site Design
a. Site frontages of highways and public streets should minimize the number of visible vehicles in exterior display areas.
b. Showrooms are encouraged over exterior vehicle display areas that front onto a public street. Interior vehicle display should be limited to ground level and second floor only.
c. To enhance the visual prominence of the dealership building, interior vehicle showrooms should be located on the front portion of the site and oriented towards the street.
d. To reduce visual presence of vehicle maintenance areas, vehicle service entrances and service bays should be integrated within the design of the main building, when possible, be less prominent than the main building, and screened from public right-of-way vantage points.
e. For contiguous dealerships, dealerships should be designed to provide cohesive vehicular and pedestrian access and connectivity between dealerships and other adjacent uses for ease of customer accessibility.
f. Onsite circulation should include efficient space to support vehicular deliveries and auto service access to reduce overflow to off-site parking. g. To improve the visual aesthetics of contiguous dealerships, large expanses of exterior vehicle display and storage areas should be divided into smaller areas with landscaping. h. Vehicle exterior display areas, which are elevated above grade (i.e., display pedestals of any type), and exterior display areas with automated movement are prohibited unless specifically approved within the design permit for the site. i. Outdoor amenities, including seating, tables, and covered areas with shade, are encouraged.
City of Morgan Hill
Ordinance No. xxxx, New Series
j. Accessory structures, including charging stations for electric vehicles, should be consistent with the overall design of the dealership, especially for contiguous dealerships.
2. Building Design
a. A compatible architectural design is encouraged for contiguous dealerships in order to create a visually unified and attractive environment. b. Dealership buildings should have high quality architectural designs with recessed windows and entries that include large display windows. c. All sides of a building that are visible from public right-of-way vantage points should have a consistent architectural quality, design, and use of materials. When adjacent to the freeway or between two streets, buildings should consider two frontages or 360-degree architectural design.
d. Parked and stored vehicles in a building should be screened from view except in ground or second level showrooms.
e. Service bay entrances should be designed to minimize sight lines into the interior of service bays and parts departments.
f. Accessory and ancillary structures should be architecturally compatible with the overall design of the dealership.
3. Landscaping
a. Landscape buffers should be incorporated along frontages of highways and public streets.
b. Large stormwater retention and treatment basins should be located away from public streets, when possible.
c. Accent paving such as stamped concrete or pavers is encouraged at main entrances.
d. For contiguous dealerships, landscaping, screening walls, and fences should be complementary amongst dealerships.
4. Parking
a. Customer and employee parking and storage of vehicles for dealerships should be accommodated within the boundaries of each dealership and not on public or private streets.
b. Structured parking is encouraged. Vehicle parking and storage within structures or on the roofs of buildings should not be visible from ground level vantage points.
5. Lighting
a. Parking areas should have lighting capable of providing adequate illumination for security and safety.
b. Lighting should be energy-efficient and have brightness and color necessary for the use of the on-site vehicles and structures, as well as for the needs of pedestrians. c. Lighting levels of interior and exterior vehicle display areas should be minimized after normal business hours.
d. Lighting levels need to be in conformance with the City of Morgan Hill performance standards.
e. Lighting should have fixtures that shield direct light from visibility from
City of Morgan Hill
Ordinance No. xxxx, New Series
neighboring properties and from public streets.
f. Lighting sources should not have motion, such as search lights that are aimed at the sky.
g. Building illumination and architectural lighting should be indirect in character (light sources should be minimally visible). Indirect wall lighting or “wall washing”, exterior overhead down lighting, or interior indirect illumination that spills outside the building is encouraged. Architectural lighting should articulate and animate building design and provide functional lighting for the safety and clarity of pedestrian movement.
Section 2. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.
Section 3. Effective Date; Posting. This ordinance shall become effective on the 31st day after adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.
THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE DAY OF , 20 , AND WAS FINALLY ADOPTED
AT A MEETING OF THE CITY COUNCIL HELD ON THE DAY OF ,
2023 AND SAID ORDINANCE WAS DULY PASSES AND ADOPTED IN ACCORDANCE WITH LAW 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
CERTIFICATE OF THE CITY CLERK
I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. xxxx, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the_______ day of ______2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
13 CITY COUNCIL STAFF REPORT
MEETING DATE: November 15, 2023
PREPARED BY:
Chris Ghione, Public Services Director
APPROVED BY: City Manager
RECEIVE UPDATE AND PROVIDE INPUT ON THE TRANSPORTATION
MASTER PLAN
RECOMMENDATION(S)
1. Receive an update on the Transportation Master Plan; and
2. Provide input to the project team.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Enhancing Diversity and Inclusiveness
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Climate Action Plan
Communications, Outreach, and Engagement Plan
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
In June 2023, the City contracted with Hexagon Transportation Consultants for creation of the City’s first comprehensive Transportation Master Plan. The Plan is intended to provide numerous components, including traffic counts, future traffic modeling, updated speed survey to set speed limits, review of existing transportation infrastructure, specific review and analysis of bike and pedestrian infrastructure, development of transportation priorities for the City, creation of a capital improvement program, and numerous other components. The project has commenced and the purpose of this item is to take initial feedback from the Council on priorities and issues to be addressed through the Plan.
The initial components of the Plan are intended to gather existing data, collect current
13 condition data, and engage with the community to understand community priorities.
Known issues the Plan will review and address include: Traffic Congestion & Speeding, Regional Cut-Through Traffic, Biking & Walking Safety, Closing of Pedestrian and Bikeways Gaps, Identifying Transit Needs and Gaps, Prioritize Multi-Modal Inter-City Travel, and Alignment of City Transportation Policies (LOS/VMT/Multi-Modal Travel).
The project is anticipated to take approximately 18 months to complete. Some elements will come to the Council earlier, one of which is the updated speed survey. The current project schedule is available as Attachment 1. Currently, a significant portion of the activity is focused on community engagement and gathering public input. A stakeholders group of approximately 25 members has been formed. This group will meet 5-6 times to review key components and provide in depth review and feedback to the Project Team. The City has also conducted its first Community Meeting on November 8 and will hold a Spanish Community Meeting on Thursday, November 16. A community survey is also currently out and available in English and Spanish on the City website at: https://www.morganhill.ca.gov/2423/39365/Transportation-Master-PlanUpdate.
Following the presentation, it is recommended that the Council provide feedback on transportation priorities they recommend are addressed in the Plan, as well as the projects the Council expects to be reviewed through the Plan.
COMMUNITY ENGAGEMENT:
Involve
The development of the Transportation Master Plan will require significant community outreach and will include a variety of public meetings as well as the development and participation of a stakeholders group for those with an even higher level of interest. The Plan will have multiple review points by advisory commissions and the City Council to ensure there is significant opportunity for engagement as well as direction by the Council.
ALTERNATIVE ACTIONS:
The purpose of the item is to engage the Council and receive feedback. There is no formal action required.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City Council authorized the City Manager to execute an agreement with Hexagon Transportation Consultant on June 7, 2023.
FISCAL AND RESOURCE IMPACT:
There is no fiscal impact associated with this specific item. Ultimately, implementing the Plan will require significant fiscal resources. Development of funding plans and mechanisms associated with the priorities and projects outlined in the Plan will be required.
13 CEQA (California Environmental Quality Act):
Not a Project
Continuing administrative activities and feasibility or planning studies for possible future actions that the agency has not approved, adopted, or funded are not considered projects for environmental review under CEQA. Use of a consultant to develop a draft plan for environmental review will be required in the future.
Estimated Project Schedule
Month
Week 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 Review of Existing Conditions and Challenges
A) Kick-off Meeting
B) Work Scope, Fee, Schedule Refinement
C) Interview City Representatives (x3)
D) Progress Review Meetings and Project Management
2 Data Collection and Community Engagement
A) Vehicular/Speed Data Collection
a) Traffic Counts
b) Speed Limit Inventory and Surveys
c) Year 2035 Traffic Projections
d) Existing Transportation System Data
e) Regional Cut-Through Data
f) VTA Countywide TDF Model Refinement
B) Bike/Ped/Transit Data Collection
g) Review of Collision Data
h) Collection of Public Transit Data
C) Community Engagment
i) Public Outreach Framework Development
j) Community Online Surveys
k) Community Meetings/Workshops
l) Stakeholder Meetings
3 Speed Survey and Recommendations for Speed Limits
A) Speed Survey and Recommendations for Speed Limits
4 Data Analysis and Findings
A) Community Outreach
B) Barriers to Pedestrian and Bicycle/Complete Street/Vision Zero C) Regional Cut-Through Traffic
D) Intersection and Roadway Level of Service Analysis
E) Transportation Improvement Effects on VMT
F) Comparison of Congestion in Other Adjacent Communities G Transportation System Goals and Policies
5 Transportation Master Plan Documents
B) Capital Improvement Program
C) Non-Capital Improvement Policies
6 Traffic Impact Fee Study
A) Traffic Fee Nexus Study
B) Traffic Fee Schedule
Public Meetings
Parks & Recreation Commission
Planning Commission
City Council
Estimated Duration
Coordination Meetings (Consultant team and City)
Small Group Meetings
Stakeholder Meeting
Community Meeting
Public meetings
Online Survey Duration
Draft Memo/Drawing/Report Deliverables
Final Memo/Drawing/Report Deliverables
Component Jul, 23 Aug, 23 Sept, 23 Oct, 23 Nov, 23 Dec, 23 Jan, 24 Feb, 24 Mar, 24 April, 24 May, 24 Jun, 24 July, 24 Aug, 24 Sep, 24 Oct, 24 Nov, 24 Dec, 24 A) Traffic Analysis and Technical Components for General Plan Update/Future Planning
1st Community Survey
(Community priorities)
2nd Community Survey
(Recommendations and
draft policies)
Planning, Engineering, Transit
Decision on VTA model
Refine draft policies based on
community/stakeholder input,
council, CIP etc.)
14 CITY COUNCIL STAFF REPORT
MEETING DATE: November 15, 2023
PREPARED BY:
Justin Burks, Development Services Intern
APPROVED BY: City Manager
PROVIDE DIRECTION REGARDING POTENTIAL MUNICIPAL CODE
TEXT AMENDMENTS TO THE CITY OF MORGAN HILL’S AMUSEMENT
& ENTERTAINMENT AND NOISE ORDINANCES
RECOMMENDATION(S)
Provide Strategic Direction for amending the identified chapters of the Municipal Code.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Fiscal Sustainability
Economic Development
Guiding Documents
Economic Blueprint
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
Policy Considerations:
Should the City allow music and other live entertainment in commercial, industrial, and mixed-use districts during daytime hours without requiring an entertainment permit? Should the City update its noise ordinance to focus on minimizing noise-related nuisances?
Background:
The City regulates noise in various ways. In addition to provisions that regulate specific noise types and sources, the City has several general noise regulations. The current noise ordinance, which regulates "loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use" was adopted in 1972 (see Chapter 8.28 of the Municipal Code). Limited substantive amendments to this
14 chapter and related sections were made in 1994 and 1998. Noise associated with entertainment and other specific uses are regulated under the following:
• Amusement and Entertainment Premises (Chapter 5.28), which governs the permit processes for business establishments to offer live entertainment (Live Entertainment Permits);
• Events on Public Property (Chapter 12.16), which governs the permit process for special events on public property, open space, and similar areas to hold meetings, assemblies, parades, and other community events (Special Event Permits); and
• Zoning Ordinance (Title 18), which implements the General Plan to protect public health, safety, and welfare.
The process for the public to clearly understand what types of noise-producing community activities are allowed, when they are allowed, and which permits to pursue in order to hold certain activities in the community can be unclear. This existing regulatory framework is not supportive of the existing City policy identified in the Downtown Specific Plan, Sustainable Morgan Hill, and the Morgan Hill Economic Blueprint, which collectively promote strengthening the Downtown, attracting tourism, and marketing Morgan Hill as a lively community with entertainment offerings.
Noise Issues:
Modernizing and clarifying how noise is regulated in Morgan Hill will create a path forward for smaller scale, local arts and entertainment events to thrive in commercial spaces and will protect the health and safety of its residents from the most common nuisances. According to the Morgan Hill 2035 General Plan, Highway 101, railroad activity, and traffic on major streets are major noise sources, while commercial and industrial noise sources contribute relatively very little noise.
Since 2020, the City has received nearly 370 noise-related complaints regarding loud individuals and vehicles, construction, animals, and music. Thirty (30) % (111) were related to or located in the parking garage and 37% (135) were related directly or indirectly to music in residential areas. Only 11% (39) were related to music from businesses.
On average, there are eight Live Entertainment Permits approved for businesses annually. Though there is a high concentration of noise complaints and Live Entertainment Permits Downtown (Attachment 1), they are not implicitly connected— that is, noise complaints do not significantly arise from businesses providing live entertainment and vice versa.
Current Conditions:
The existing noise regulations rely on definitions of unlawful behavior, general prohibitions of unlawful noise, criteria that may conflict with other Municipal Code chapters, and decibel limits. An A-weighted decibel (dBA) is a logarithmic measure based on the relative amplitude of a sound wherein a 10-dB increase is perceived as a
14 doubling of loudness weighted toward sounds most sensitive to the human ear. Zoning regulations that address noise (Title 18 of the Municipal Code) limit decibels by property types (between 60 and 70 dBA), however the Noise ordinance (Chapter 8.28 of the Municipal Code) relies on other criteria without referring to the decibel limits of Title 18.
Furthermore, decibel limits require significant time, equipment, and training to measure accurately. The current use of dBA as guidance to regulate noise is not very practical as much of the ambient noise violates the current thresholds and makes it difficult for the City to enforce it.
To determine best practices and concepts to modernize how noise is regulated locally, City staff analyzed over 30 ordinances from approximately 20 municipalities. This comparative analysis included predominately San Francisco Bay Area municipalities, out-of-state municipal ordinances, and an Environmental Protection Agency (EPA) model noise ordinance. Staff conducted interviews with a subset of external Subject Matter Experts (SMEs) from peer agencies and a national nonprofit that specializes in noise regulations, the Noise Pollution Clearinghouse.
According to the Noise Pollution Clearinghouse, the most frequently used regulatory tools out of 500 municipalities they analyzed are: nuisances to a person of ordinary sensibilities (89%), time-of-day rules (82%), and plainly audible criteria (65%), followed by decibel-based limits (57%). Decibel limits are more common in cities with populations of 100,000 or more, and are becoming less common overall—with plainly audible and distance rules becoming more common.
Best Practices:
To encourage a culture of live entertainment that promotes increased business activation and tourism, City staff explored how to improve the existing regulations in order to provide more clarity, and equity while supporting both the community and businesses. City staff conducted research to identify best practices including:
modernizing regulations, providing clarity of how noise regulations and policies interact with one another, improving noise-related permitting processes, strengthening enforcement, and supporting small businesses.
Additionally, a better defined regulatory network supports City staff with explaining and enforcing regulations. Finally, a refresh of existing regulations could support live entertainment uses which support tourism. Based on community outreach and feedback and coupled with the best practices analysis, staff proposes the following approach:
NOISE
A. Use distance over decibel limits for enforcement
B. Define nuisances and types of noise
C. Clarify criteria for unlawful behavior
D. Clarity exception criteria
ENTERTAINMENT
A. Modernize definitions
14 B. Clarify permit processes and types of violations
C. In commercial, and mixed-use zoning districts:
1. Permit entertainment by right during regular business hours
2. Clarify rules and requirements for entertainment after 10 pm These proposed concepts would help strengthen the ability of City staff to enforce potential noise-ordinance violations. These concepts support clearer rules for the public to understand what type of entertainment and activities are allowed, how much noise can be produced, when noise can be at a certain level, and how far away noise can legally be heard by others in the community. Although these concepts support economic development goals to create a lively Downtown with entertainment offerings, they will also improve how City staff can enforce and respond to noise complaints and noise related nuisances throughout the City.
Through successful collaboration and consideration of various stakeholder interests, modernizing noise regulations can bring this vision to all commercial, industrial, and mixed-use areas of the City. Through modernized noise regulations, the City will build a stronger economic and social foundation for years to come.
COMMUNITY ENGAGEMENT:
Inform and Involve
Proposed concepts and overarching goals for modernizing noise regulations were presented to the Chamber of Commerce’s Economic Development Committee on October 12, 2023; to the Downtown Association on October 19th; and to the Downtown Improvement District and Downtown Property Business meetings on November 7th. A Community Town Hall to receive community input on the proposed concepts and goals was held on October 23rd, which was advertised in the Morgan Hill 411.
ALTERNATIVE ACTIONS:
The City Council could choose not to provide input or to not modernize the identified ordinances, thereby the Municipal Code will remain as-is which will impede economic activity brought by arts and entertainment in mixed use, commercial, and industrial zoning districts.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On June 6, 2018, the City Council adopted Ordinance No. 2277 N.S., a comprehensive update of Title 18 Zoning of the City of Morgan Hill Municipal Code. The update 2035 General Plan.
FISCAL AND RESOURCE IMPACT:
Staff regularly seek input from the Community and City Council. The outcomes of this work will enhance, correct, and/or refine the Municipal Code. Therefore, the cost is borne and work is accommodated within the respective division’s annual workplan and budget.
14 CEQA (California Environmental Quality Act):
Not a Project
Noise and
Entertainment
November 15, 2023 Page 744 of 817
Noise Issues in Morgan Hill
• Roosters
• Trains
• Vehicles & Motorcycles
• Downtown Garage
• Entertainment
2 • House Parties
• Landscape Equipment
• Garbage Trucks
Measuring Noise
Current dBA limits:
60 in residential
65 in commercial
70 in industrial
What governs
noise?
• Noise Ordinance dates back to 1972
• 4 municipal code chapters & 2 permit processes
• Dated regulations at times unclear or conflicting
NOISE
Ordinance Created
NOISE
Construction Rules Extended
to Saturdays
AMUSEMENT AND
ENTERTAINMENT
Ordinance Created
NOISE
Construction Rules
Temporary Adjusted
SPECIAL EVENTS
Ordinance Created
NOISE; AMUSEMENT AND
ENTERTAINMENT
Slight clarifications to
unlawful activity
NOISE
Construction Rules Adjusted
NOISE; AMUSEMENT AND
ENTERTAINMENT
Ordinances Modernized
(Proposed)
1972 1977 1982 1987 1992 1997 2002 2007 2012 2017 2022
Vision for Entertainment
5 “…downtown is a unique commercial district
known as a location for specialty retail,
boutique stores and services, and for arts,
cultural, and entertainment activities.”
General Plan
“Strengthening Downtown as the gathering
place, a connecting force, the social and
activity heart…”
Downtown
Specific Plan’s
Vision Statement
“Continue to create a lively downtown with
entertainment offerings.”
Morgan Hill
Economic
Blueprint
Opportunity
6 Modernize
Regulations Provide Clarity Improve Process
Strengthen
Enforcement
Support Small
Businesses
Create
Experiences
Enhance Arts
and Culture
Create lively
commercial
spaces
Promote
Tourism
Research and Outreach
• Findings:
• Decibel-based regulations
are becoming less common
• Cities are using “plainly
audible” from a distance
• Time of day influences rules
• Environment influences
what is considered a
nuisance
• Community is supportive of
entertainment
✓ Analyzed over 30 ordinances
from over 20 municipalities
✓ Stakeholder engagement
with businesses and subject
matter experts
✓ Five community and
business meetings
Proposed Concepts
• Encourage daytime entertainment and limit permits to
entertainment after 10 PM
• Modernize definitions
• Clarify & streamline permitting process
• Consider using distance over decibel limits for
enforcement
To improve clarity and equity, the City can:
Proposed Concepts
NOISE
• Use distance over decibel limits for enforcement
• Define nuisances and types of noise
• Clarify criteria for unlawful behavior
• Clarity exception criteria
Based on community outreach and feedback and coupled with the best practices analysis, staff proposes the following approach:
Proposed Concepts
ENTERTAINMENT
• Modernize definitions
• Clarify permit processes and types of violations
• In commercial, and mixed-use zoning districts:
• Permit entertainment by right during regular business hours • Clarify rules and requirements for entertainment after 10 pm Based on community outreach and feedback and coupled with the best practices analysis, staff proposes the following approach:
Questions
• Should the City allow music and other live entertainment in commercial, industrial, and mixed-use districts during daytime hours without requiring an entertainment permit?
• Should the City update its noise ordinance to focus on minimizing noise-related nuisances?
15 CITY COUNCIL STAFF REPORT
MEETING DATE: November 15, 2023
PREPARED BY:
Chris Ghione, Public Services Director
APPROVED BY: City Manager
DIRECT THE CITY MANAGER TO NEGOTIATE AGRO-TOURISM USE
ON CITY-OWNED AGRICULTURAL PROPERTY WITH TERRA AMICO,
INC.
RECOMMENDATION(S)
Authorize the City Manager to negotiate an agreement for agro-tourism development on City-owned property located at the southeast corner of Highway 101 and Tennant Avenue with Terra Amico, Inc.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
Economic Development
REPORT NARRATIVE:
In July 2015, the City Council authorized the purchase of 25.8 acres for a future baseball/softball field facility (Ball Field Property). The property is located south of the intersection of Condit Road and Tennant Avenue, adjacent to Highway 101. The property is within the unincorporated County. The purchase was made to “land bank” the property until a time when the City would have funding to develop the property. At the time of purchase of the property, it was believed that future annexation would bring the properties within the City limits, but it was also understood that if the properties were not annexed that they could be developed by the City in the County.
In 2016, the property was part of the annexation request made to the Santa Clara County Local Area Formation Commission (LAFCO). The annexation was denied by LAFCO. Several entities, including the County of Santa Clara and the Santa Clara Valley Open Space Authority have noted preferences for continued use of the site for agriculture. Under intergovernmental immunity, the City could attempt to develop the property in conformance with its own land use designations and permitting process.
However, in February 2019, the City Council directed City staff to look at the opportunity to find an alternate, more suitable recreation site that could allow the existing site to
15 continue to be used for agriculture. This alternative site was identified in 2021 and the City Council approved purchase of 19.58 acres located on Monterey Road just south of Butterfield Boulevard.
With the acquisition of the new site, the former Ball Field Property was transferred to the City's Agricultural and Open Space Preservation Fund. Long term future action by the City Council and other entities will be needed to permanently preserve the former Ball Field Property for agriculture through an easement or other means. This long term easement and transfer is difficult at this time due to the original seller of the property still holding some interest in 3.6 acres on the northern end of the former Ball Field Property through a buyback option.
In 2022, the City has received interest from multiple parties that expressed a desire to use the City owned property for more active agricultural purposes. Due to this interest, the City issued an "Invitation for Letters of Interest for Agricultural Farming Businesses to Lease City-Owned Agricultural Land" in February. The City received two letters of interest, one from ABC Tree Farms and one from LBJ Farms. City staff met with both interested parties and after meeting, it was determined that both businesses would be potential partners at the site. City staff prepared a report for the City Council recommending partnership with both organizations, however, prior to the Council meeting, the City received notice that the organizations were not willing to work together. At the same time, the City also received interest from other parties on use of the property. Due to these issues, the City did not move forward with proposals and began preparation of full Request for Proposals.
In June 2023, the City released a full Request for Proposals with the purpose to explore interest from private agricultural business operators for use of the City property for a mid- to long-term lease or property use arrangement. The guiding criteria for the property use was noted as:
• General agricultural use that continues to use the property productively. • Use supports agrotourism and economic development for the region and the City of Morgan Hill.
• Opportunity to develop a portion of the site with agrivoltaics. • Generation of lease revenue for the City of Morgan Hill. • Safe use of the site from a traffic and public safety perspective. • Use is allowed under existing Santa Clara County Zoning.
The City received two proposals, from Terra Amico (Attachment 2) and ABC Tree Farm (Attachment 3). The proposals were reviewed and interviews were conducted with both organizations. A five member panel that included the City's Senior Planner, Assistant City Manager for Development Services, Public Services Administrative Manager, Public Services Director, and a representative of Silicon Valley Clean Energy reviewed and rated the proposals. Both organizations provided strong cases for the uses.
However, raters scored the proposal from Terra Amico higher. The following table outlines the scores.
15 Criteria
ABC
Tree
Farm
Terra
Amico
Provides for general agricultural
use that continues to use the
property productively. 8.4 14.4
Use supports agrotourism and
economic development for the
region and the City of Morgan
Hill. 10.5 15
Allows for opportunity to
develop a portion of the site
with agrivoltaics. 6.3 11.1
Safe use of the site from a traffic
and public safety perspective.
Use is allowed under existing
Santa Clara County Zoning. 9.9 10.5
Demonstrated professional
quality work with similar
projects and past experience
and references. Experience of
personnel/sub-consultants. 22.5 18
Direct Revenue to the City of
Morgan Hill 13.8 5.4
Total Score 71.4 74.4
Moving forward with either proposal will require time and work on behalf of the proposer to navigate the County zoning regulations and permitting. Both organizations understand this and express a willingness to do this within their proposals. ABC Tree Farm provides a stronger opportunity for revenue in the near term. However, City staff believe the concepts and plans provided by Terra Amico best align with the agricultural preservation and agro-tourism goals of the City, provide the most complete proposal, and provide the best opportunity for the City.
Should the Council approve moving forward, the City staff would negotiate an agreement for the potential development and lease of the site. It is anticipated that a formal agreement will come back to the Council for review in the first half of 2024.
COMMUNITY ENGAGEMENT:
Inform
The general public was not involved in the development of the issuance of the RFP. City staff also provided the RFP directly to those expressing interest in agro tourism in the
15 area through past communications and processes. The notice informing interested parties of the RFP was placed on the City's website.
ALTERNATIVE ACTIONS:
The City Council could choose not to move forward with negotiations with Terra Amico and direct staff to negotiate with the ABC Tree Farm.The Council could also choose to not move forward with negotiations with either proposer.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
July 15, 2015 – The City Council authorized the purchase of the Ball Field Site.
February 6, 2019 – The City Council provided direction on development of the Ball Field Site.
August 4, 2021 - The City Council approved the purchase of new park land and the transfer of the existing Ball Field site to the Agriculture and Open Space Fund.
FISCAL AND RESOURCE IMPACT:
Potential future revenue of $13,000 per year may be attainable through a future lease of the City-owned property. The City currently receives approximately $6,000 annually in direct revenue from the lease of the property for basic agricultural use, so an increase of $7,000 annually may be possible. No anticipated costs to the City are anticipated.
Supporting this effort is within the Public Services Department's planned activities.
CEQA (California Environmental Quality Act):
Not a Project
Administrative activities and feasibility or planning studies for possible future actions that the agency has not approved, adopted, or funded are not considered projects for environmental review under CEQA. Approving this action will allow a due diligence period to determine the level of review necessary to meet CEQA requirements.
5/30/22 $(
Public Services Department City Owned Agricultural Land 1 1
Tennant Avenue
City of Morgan Hill Request for Proposals
Agricultural Farming Businesses to Lease CityOwned Agricultural Land August 11, 2023
Agricultural Institute of Marin — The Center for Food & Agriculture (for illustrative purposes only) | Multistudio + April Philips Design Works
2 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land About Our Team
Fattoria Public Market will be a year-round indoor Farmers Market and Regional Food Hub, allowing farmers, ranchers and other local food producers to have a permanent
location to distribute their goods directly to consumers and institutional buyers. By selling directly in a controlled and shared environment, agricultural producers thrive and as consumers, we connect with our local food producers to create secure, healthy food systems. As an added benefit, we preserve the rich agricultural history of Santa Clara County for future generations.
Organization Information
Organization Name
Fattoria Public Market
Contact
Joe Raineri
Phone
408-209-7667
Email
[email protected]
Organization Details
Terra Amico Corporation and its subsidiaries have been in business for more than 15 years, currently operating as a California C Corporation. The corporation has never been involved in litigation and is currently managed by Joe Raineri as CEO, Lisa Raineri as COO, and Trevor Raineri as Program and Marketing Director. Presently Terra Amico Corporation has a crew of 15 people. If the City of Morgan Hill awards this contract to our proposal, we plan to form a new entity, most likely a California C Corporation. As a new entity, Fattoria Public Market will be led by Joe and Lisa Raineri as Principals and the appointed Board of Directors, and will fill positions as appropriate based on stage and funding.
Collaboration Team Members
• Joe Raineri, Terra Amico Corporation, CEO
• Lisa Raineri, Terra Amico Corporation, COO
• Lauren Maass, Multistudio, Principal-in-Charge
• Teresa Jan, Multistudio, Director of Climate Positive Design • Graham Smith, Multistudio, Planning
• Amanda Harper, Multistudio, Brand Experience
• Patricia Algara, BASE Landscape Architecture, Principal-inCharge • Dan Rubins, Fehr and Peers, Traffic Engineering Consultant • Nahum Goldberg, NG Associates, Food Services Consultant • Josiah Cain, Sherwood Design Engineers, Civil Engineering • Brian Turner, CMTA, MEP Engineering
• City of Morgan Hill
• County of Santa Clara
• Julie Morris, Santa Clara County Ag Liaison
• TBD, Structural Engineering and Acoustic Consultant
Advisory Board
• Richard Furtado, Founder and Partner, South Bay
Construction
• Debbie Furtado, Designer, Owner of Horse Thief Vineyards, Partner in South Bay Construction.
• Steve Borkenhagen, Founding Partner and Former Market Manager, San Pedro Square Market
• Zack Andrade, Founder and President, Spinaca Farms
• Tim Herlihy, Founder and President, Creative
Manufacturing Solutions
• Jen and Sam Thorp, Founders, Owners, Farmers, Spade and Plow Organics
• Jess Brown, Executive Director, Santa Clara County Farm Bureau
3 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land
1. Description of Development
Proposal
This proposal is for the development of a Public Market and Regional Food Hub on the 25.6 acres of property at the intersection of Hwy 101 and Tennant Avenue. The working name is Fattoria Public Market, referring to “farm”.
Fattoria Public Market will be a year-round indoor farmer’s market and food hub, purposely designed to allow local
agricultural producers the opportunity to sell their goods directly to both institutional and individual consumers at their peak of freshness. The marketplace will alleviate the burden that farmers, ranchers and other agricultural producers face when struggling to sell their goods at pop-up roadside stands and weekly parking lot farmers markets. By selling directly to consumers in a predictable environment, farmers can
increase their income, economically thrive and allow the South County’s agricultural history to continue into the future.
Regional food hubs have been identified by the USDA as a feasible model to advance local agriculture and agricultural start up endeavors. Fattoria Public Market will also include a food hub that provides cold and dry storage, production facilities, packing and distribution, and cooperative marketing services. These collaborative services will make it easier for farmers to gain entry into new and additional markets with high barriers to entry for them individually.
Fattoria Public Market will also be a gathering place for the community and will serve as an enhanced tourist destination within Morgan Hill. The Market will include an event facility for local public and private events, farm education programs to teach the public about the rich agricultural history of Santa Clara County, an operating farm and gardens on site, demonstration gardens, a plant nursery, winery and beer gardens, a Greenhouse Tasting Room serving local food within hours of harvest, and a food truck venue.
Fattoria Public Market will serve as a year-round destination for foodies of all ages to come together in a one of a kind space designed to unite the agricultural producers of our region with the local consumers that they serve. Its presence will support local agriculture, agritourism, and the arts while connecting South Santa Clara, San Benito, and Monterey
County producers to the Bay Area markets.
Why here in South Santa Clara County/
Morgan Hill?
Increased agricultural infrastructure in our community means:
• Improved efficiency and sustainability of the local food system and increased food availability.
• Increased access to healthy foods, especially fresh produce (fruits and vegetables), in underserved communities;
• Increased support for the continued viability of agriculture; • Increased focus on agritourism, creation of new jobs locally and development of new economic opportunities
• Opportunity for partnership with Silicon Valley Clean Energy for Agrivoltaics demonstration and usage
• Preservation of valuable farmlands
• Revenue Generation for Morgan Hill
Credit: DeDAKKAS
4 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land What is a Food Hub?
The USDA defines a food hub as a “business or organization that actively manages the aggregation, distribution, and marketing of course-identified food products primarily from local and regional producers to strengthen their ability to satisfy wholesale, retail, and institutional demand.” Agricultural infrastructure commonly is defined to encompass aggregation, packing, processing, storage, marketing and distribution capacity and facilities, including “food hubs.” The Food Hub is an extension of the core retail component of the Fattoria Public Market, extending the reach from individual retail consumers to industrial buyers.
What problems can it solve?
The challenge for Small-Medium Sized Agricultural Producers:
Limited Distribution and Marketing Capacity — Producers often don’t have the available capital or access to facilities to store, process, and distribute their products. Furthermore, due to limited staff or lack of experience, they are not always able to devote the attention necessary to develop successful business relationships with key wholesale buyers or have the resources to develop an effective marketing strategy by themselves.
The challenge for Institutional Buyers:
Logistics — Wholesale buyers often find it too costly to purchase products directly from numerous farms and prefer to reduce transaction costs by buying product from distributors.
Consequently, regional food hubs have emerged as an effective way to overcome these infrastructural and market barriers. For those smaller and mid-sized producers who wish to scale up their operations or diversify their market channels, food hubs offer a combination of production, distribution, and marketing services that allows them to gain entry into new and additional markets that would be difficult or impossible to access on their own. For larger producers, food hubs can provide the product-differentiation strategies and marketing services to ensure the best possible price in the market place.
Moreover, for wholesalers, distributors, retailers, and food service buyers who would like to purchase larger volumes of locally and regionally grown products, food hubs lower the procurement costs by providing a single point of purchase for consistent and reliable supplies of source-identified products from local and regional producers.
Regional food hubs are key mechanisms for creating large, consistent, reliable supplies of mostly locally or regionally produced foods. At the core of food hubs is a business management team that actively coordinates supply chain logistics. Food hubs work on the supply side with producers in areas such as sustainable production practices, production planning, season extension, packaging, branding, certification, and food safety—all of which is done to enable these producers to access wholesale customers, such as buyers for food service institutions and retail stores. Simultaneously, food hubs also work on the demand side by coordinating efforts with other distributors, processors, wholesale buyers, and even consumers to ensure they can meet the growing market demand for sourceidentified, sustainably produced, locally or regionally grown products. 4 Credit: Plaça del Mercat de Figueres Page 763 of 817
5 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land Regional food hubs are increasing market access for local and regional producers. Institutional food buyers face
difficulty finding small and medium sized local producers who can provide a consistent supply of product. These hubs complement and add considerable value to the current food distribution system.
Regional food hubs are having significant economic, social, and environmental impacts within their communities. In
addition to core operational facilities, the Fattoria Public Market food hub can provide training and assistance in areas such as sustainable production, season extension, postharvest handling, branding, certification and food safety.
Public markets increase agritourism opportunities for all members of the community including hotels, restaurants, wineries, and travel and leisure activities. Agritourism is becoming increasingly popular in large and small communities across the country – and for good reason. Today’s travelers have become bored with mundane and predictable tourist
trap activities; instead, today’s travelers crave adventurous, immersive, and valuable experiences. Agri-tourism provides the unique opportunity of mutual benefit between both the community’s visitors and the local farms and businesses that help establish these location’s character and history. Through agri-tourism, cities and farms are able to teach the rich history of local agriculture through operations and leave a lasting impression upon curious visitors wanting to truly experience and connect with their food, drink, flora, and fauna.
Fattoria Public Market will be designed and constructed as a model for regenerative agriculture, architecture and building construction. The development seeks to demonstrate opportunities for zero waste local food infrastructure and regenerative agriculture that operates without the use
of fossil fuels by utilizing both bio-based practices and technological solutions to limit our extraction of natural resources such as energy and water. Energy efficiency will be achieved through bio-climatic architecture and design, rooftop solar, agrivoltaics, and wind energy; On-site water management including permeable surfaces, bioswales and
rainwater harvesting will be deployed for recharging the aquifer and reducing water use. Water efficiency including waterless urinals, composting toilets, low flow fixtures, drips, drip irrigation, and greywater treatment will be implemented.
Composting, waste management stations, and biodigester will be incorporated to turn compost and manure into nutrients, and back in the soil as a demonstration of regenerative farming. The diverse crops, pollinator gardens, farm animals, and bee farming altogether provide a rich biodiverse habitat for sustainable farming, education, and agricultural tourism.
Our Vision for Fattoria Public Market
The following programming elements for the Fattoria Public Market create a synergy that is not only engaging and
invites participation, but also educational and demonstrates sustainable living. The spaces, both interior and exterior, support adjacency of activities and encourages gathering of community agricultural and hospitality businesses.
• Main Building houses both the Indoor Public Market and the Regional Food Hub. The Indoor Public Market would
allow the community to have access to local, year-round agricultural products on a consistent basis. The space
would accommodate year-round producers that meet
the requirements of County Health Regulations (e.g. fish mongers, butchers). The Regional Food Hub encompassing
cold storage, dry storage, co-packing and collaborative services including packing, distribution and marketing. It also includes commercial kitchen for food processing and catering/food truck use.
• Outdoor Canopy for seasonal producers. These spaces
would allow seasonal agricultural producers an opportunity to market their products efficiently without the burden of attending parking lot farmers markets and pop-up roadside stands.
• Post and beam Indoor Event Facility and Outdoor Event Facility available for use by individuals, corporate and government entities, and large-scale public events,
workshops, retreat and celebration.
• Farm to Fork Demonstration and Tasting Venue – Farm to Fork- serving seasonal dishes featuring locally grown food that is prepared and served by local chefs within hours of being harvested.
• Outdoor Piazza will be centrally flanked by the Main
Building, Outdoor Canopy, Indoor Event Facility, and
Farm to Fork Tasting Venue. The design intent is for all indoor programming to easily expand into the Piazza to
accommodate outdoor gathering and seating. The Piazza
will host outdoor performances and varying gathering sizes while highlighting views of the farm.
• Wine and Beer Garden – allowing local winemakers and
brewers to collaborate on tastings and events.
• Co-op Farm onsite including livestock, composting,
demonstration farms, bee sanctuary, fungi lab, and gardens, and plant nursery. 3rd Party container vertical farming may also be incorporated on-site. Landscape berm might be provided along the highway to provide noise buffer.
6 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land
2. Estimated Timeline of
Development and Operations
Design, Documentation, and Entitlements: 1-1/2 to 2 Years The master planning/ conceptual design phases through permitting may follow the timelines below and will include approvals from different Authorities Having Jurisdiction (AHJ’s). As the proposed property is not within Morgan Hill city limits and considered part of County of Santa Clara, reviews and approvals will bridge between city and county agencies. The following list is assumed but not limited to:
• Local Fire Department
• County Health Department
• City and County zoning, planning and building review agencies • Wet and Dry Utility Companies
• Public Right-Of-Way and Traffic Engineer AHJ
See the forthcoming section on County Zoning and Permitting for additional information. *It is assumed that planning approval may run concurrently with design development and construction document phases. If planning approval is required prior to drawing documentation, this may add an additional 6 months to the process.
Construction Administration: 1 Year
2023 2024 2025 2026 SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
JULAUGSEP
NEGOTIATE DETAILS AND FINALIZE CONTRACT WITH CITY OF MH
MASTER PLANNING/CONCEPT DESIGN
ENTITLEMENTS/DISCRETIONARY APPROVALS
DESIGN DEVELOPMENT *
CONSTRUCTION DOCUMENTS
BUDGET/COST ESTIMATING
BIDDING/CONTRACTING
PERMITTING (FAST TRACK PROCESS FOR AG USAGE)
CONSTRUCTION
FUNDRAISING
OPENING
7 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land
3. Anticipated Use Levels, Target
Markets, and Preliminary Vehicle
Access Planning
Target Markets
• Consumers — Individual consumer, including local residents and tourists, wanting to purchase fresh, local agricultural products, learn about agricultural practices or eat and drink at an inspiring venue.
• Institutional Buyers — Industrial buyers including schools, hospitals and restaurants looking to purchase a wide array of fresh local agricultural products at wholesale pricing.
Day to Day Operations
The major uses of the property are proposed as follows:
• Year-Round Indoor Farmers Market
• Food Hub for local farmers, ranchers, and other food
producers
• Event “Barn” with indoor and outdoor event spaces
• Nursery for vegetable starter plants and other native and drought tolerant species
• Wine and Beer Garden for local winemakers and brewers • Operating farm surrounding the improvements including demonstration gardens.
• Educational programming with local public and private school districts focused on climate smart agriculture and regenerative farming in practice
• Special Events such as cooking demonstrations, cooking classes, gardening classes, seasonal pumpkin patch, “Live” Christmas tree farm, school field trips, and food truck experiences.
• Annual Community Harvest Festival highlighting the grape harvest and the South County Wine Trail. This family
friendly festival can help fill the void from other Morgan Hill festivals that have been recently suspended.
Site Access and Circulation Reviews
Fehr & Peers will assist the development team by providing multimodal site access and circulation recommendations
early in the process to minimize site design changes later in the environmental review process. We will participate in two site plan review cycles. With each review cycle we will help the development team refine the multimodal access and circulation of the project and assist on any traffic-related planning approval. We will focus on the following:
• Pedestrian access and circulation including street-oriented entrances, pathways to transit, driveway treatments, and pathways to parking.
• Bicycle access and circulation including routes to bike parking.
• Vehicle access and circulation including street and
driveway locations and permitted driveway turn
movements.
• Emergency and service vehicle access.
• On-street and off-street loading areas for transportation network companies, taxis, shuttles, trucks, and waste
management/garbage truck access.
• Location of car-share parking (if any).
Credit: Xiafu Farmers’ Market
8 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land
4. Detailed Description of
Understanding of County Zoning
and Permitting
The County policies have identified this area for agricultural and resources preservation designating the site as appropriate for “Agricultural Medium Scale” land uses, designation within the “Scenic Roads Combining District,” and zoned “Agriculture Preservation.” To implement the land use and policies desired by the county, the proposed development plan aligns with the land use intent, zoning purpose, use regulations, and development standards for the A-20ac-sr zoning category of Santa Clara County. The intent is to create a mixed-use, sustainable, agriculture-based destination to demonstrate best practices through the creation of a Public Market and Food Hub.
A use permit will be required for the Event Structure and the Farm to Fork Tasting Venue to ensure that use of these elements can be supported by the site and to account for their environmental impacts. The Event Structure will be used for a variety of activities from educational to entertainment programming for people visiting the site and bringing people to the site. The Farm to Fork Tasting Venue will engage people in the preparation of local, site food resources through a test kitchen and on-site food offerings. Application will be made to the Santa Clara County Planning Commission for approval of the use permits as part of the entitlement process prior to development of the site.
All components described in this proposal are permitted under current zoning but may be subject to use permits and architectural site approval. Preliminary meetings have been held with key stakeholders in Santa Clara County who support this proposal and are supportive of its development on this parcel.
Permitted Uses:
• Food Hubs for local farmers and ranchers
• Operating Farm on site
• Demonstration Gardens
• Seed Starting and Plant Nursery
• Year-Round Indoor Farmers Market allowing farmers to sell directly to consumers
• Educational Programs and Field trips for educating
children and adults about the history of agriculture in the area as well as the future of farming
• Beer Garden and Wine Garden for local brewers and
vintners to sell direct to consumers.
• Greenhouse Tasting Room
Credit: Getty Salad Garden
9 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land
5. Incorporation of Solar Agriculture
Component (Agrivoltaics)
One of the guiding principles of Fattoria Public Market is to educate the community, farmers and our policy makers about farming practices that are climate smart.
Agrivoltaics is a new form of solar energy for agricultural systems that can be demonstrated on-site. We have had
discussions with Tony Eulo at Silicon Valley Clean Energy and indicated a willingness to work with SVCE on an area dedicated to demonstration of an agrivoltaics system as part of the Climate Smart Agriculture program at Fattoria Public Market.
Some of the benefits of Agrivoltaics include:
• Farmers benefit from utilizing farmland to grow crops as well as produce energy
• Agrivoltaics protect certain plants and soils from the harmful effects of direct sun exposure all day, making them yield more, and by keeping the soil cooler they require less water.
Credit: Dennis Schroeder / NREL Page 768 of 817
10 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land
6. Lease Payment and/or Desired
Financial Agreement with the City
It is our understanding that the City of Morgan Hill will continue with the existing organic farm lease on a month to month basis with existing tenant until such time as we have secured all necessary approvals and permits from Santa Clara County and commence construction.
At the start of construction and development Fattoria Public Market, lease payments would be made to the City of Morgan Hill at the rate of $13,000 per year. (Based on $500/acre per ag land value.)
Fattoria Public Market opens to the public and is operating at a net profit, the City of Morgan Hill will be paid an additional 10% of net revenue from operations. (e.g. Net Revenue in 2026 is $500,000, the City of Morgan Hill would receive an additional $50,000)
Lessee to have an exclusive option to purchase the property anytime during the lease term at the unimproved Agricultural Land Value at the time option is exercised.
Lease term to be 15 years.
Credit: Chef Josh Sutcliff at Profound Microfarm
Credit: Restaurante Shiro Peralada
11 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land
7. References and Past Work
San Pedro Square Market
Tom McEnery, Steve Borkenhagen
Food hall with a mix of boutique food eateries
and beer, wine and cocktails. Terra Amico
was the primary designer/builder of furniture,
fixtures, and millwork. Salvaged and repurposed
historic elements from project site.
San Jose, California
Reference
Steve Borkenhagen, Partner and Market Manager
[email protected] | 408.813.5984
Relevant Program Elements
Food Hall; Public Market; Eateries; Bars
Terra Amico Corporation
Terra Amico is more than just a furniture company – it’s a family. Founded in 2010 by certified green builder Joe, and his wife Lisa, Terra Amico revolves around the idea of long term sustainability. It aims to create unique, stylish, and functional furniture for all spaces and needs.
Terra Amico is now one of the largest custom wood and steel furniture/fixture/millwork manufacturers in the state of California.
The company has artfully handcrafted custom furnishings for thousands of clients. From homes, to restaurants, to offices, hotels and retail stores, Terra Amico furniture is present at many locations across the country and even the world.
We are a team of almost 30 people, who are passionate about what we do, and thankful for the opportunity to do what we love.
In addition to fabricating unique statement pieces of furniture, we are proud to be teaching the art of woodworking to the next generation. All of our children have worked with us, as well as most of their friends. We are fortunate to be able to see our passion for creating and fabricating handed down as the torch is passed to the next generation.
12 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land State Street Market
Bon Appetit, Los Altos Community Investments
Designed and fabricated furniture, millwork, fixtures, planters, and displays.
Los Altos, California
Reference
Robert Hindman, Managing Director Los Altos
Community Investments
[email protected] |
408.841.6366
Relevant Program Elements
Food Hall
Google, Inc., eBay, Paypal, Pinterest, Amazon
One Workplace, Pivot Interiors, InsideSource
Designed and fabricated furniture, millwork, fixtures, displays, office furnishings, barn doors, and various creative projects including “adult” playgrounds, dog parks and RV themed workspaces.
Nationwide
Reference
Mark Bulman, Account Executive, One Workplace
[email protected] | 408.667.4586
Relevant Program Elements
Creatively Enhanced Workspace; Corporate Cafes;
Collaborative Work Areas
Bay Area Bars and Restaurants
Orchard City Kitchen, Paper Plane, Luna Mexican Kitchen, Sushi Confidential, Palmerinos
Designed and fabricated furniture, millwork, fixtures, displays, lighting Northern California
Reference
Randy Musterer, Founder and CEO, Sushi
Confidential
[email protected] | 408.761.7341
Relevant Program Elements
Restaurants; Bars
13 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land Multistudio
Multistudio has been in business for 49 years,evolving from an architecture firm to a multidisciplinary practice that also includes brand experience, city design, education design, and interiors. Our team consists of members of different backgrounds, disciplines, and practice areas to help insure that the spaces we design connect with the people they are intended for. Our process is highly collaborative and investigative. We immerse ourselves in specifics of the site and seek to uncover the unique challenges and opportunities as we aspire to establish a strong source of pride and identity for the city of Morgan Hill. We enter into this opportunity with the intention of creating an experience that improves the community’s relationship to their local food system, stokes urban vitality and promotes people’s health, happiness, and well-being.
The depth of our expertise in the hospitality sector helps us conceive spaces, such as the one proposed, that all visitors find welcoming, easy to navigate, and memorable. We aim to develop a compelling brand idea that can be expressed holistically over a connected system of interrelated touchpoints. These touchpoints may include physical environments, graphics and interiors, amenities and activities, digital platforms, entertainment and educational programs. Ultimately we are charged with orchestrating and enhancing a dynamic and cohesive experience that resonates with audiences and reinforces the regenerative food hub mission.
Master Plan of The Center for Food and Agriculture
Marin Institute of Agriculture
A zero-waste farmers market and educational space dedicated to healthier food culture. The Center will foster deeper connections between our community and their favorite farmers’ market, and advance the collective efforts for better food, a cleaner climate, and economic justice for a part of the renewed food system.
Marin, California
6,820 sqft (4.7 acre site)
Reference
Andy Naja-Riese, CEO, Agricultural Institute of
Marin
[email protected] | 415.472.6100
Relevant Program Elements
Visitor Center; Demo Kitchen; Workshop Meeting
Rooms; PV Canopy; Plaza; Education Farm Garden;
Greenhouse; Climate Garden; Learning Yurt;
Farmer’s Market; Restroom Stations; Cold Storage
Yosemite Valley
Aramark
Working with Aramark, we redesigned the concession spaces to maximize the enjoyment of nature; improve circulation to move visitors from entry to eating more efficiently; and celebrate the history of the park and unique story of each destination.
Yosemite National Park
18,000 sqft (Degnan’s); 22,000 sqft
(Base Camp); 17,800 sqft (Curry Village)
Reference
Bob Concienne, Vice President of Operations,
Aramark
[email protected] | 720.255.9548
Relevant Program Elements
Eateries
14 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land The American Royal
American Royal
The new complex is envisioned as an innovative hub for agricultural education and events that combines diverse programs, including 5,000- seat and 3,500-seat arenas, an outdoor arena, exposition barns, a museum, an exhibition hall, and outdoor festival space to host a range of industry events, rodeos, and horse shows, as well as an education and welcome center for food and agricultural education.
Kansas City, Kansas
1,000,000 sqft
Reference
Peter Lacy, President, Lacy & Company
[email protected] | 816.531.7000
Relevant Program Elements
Auditorium, Barns, Educational Exhibits, Kids
Programming, Bar, Cafe, Outdoor Plaza with Event
Space, Festival Grounds
BASE Landscape Architecture
BASE Landscape Architecture is an optimistic and insatiably curious team with a portfolio that spans multiple sectors and typologies, including education and play, parks and gardens, residential, and public spaces. BASE is a Woman & Minority-Owned Business Enterprise (WMBE) and a Local Business Enterprise (LBE) in San Francisco, with another office in beautiful Portland, Oregon.
Treasure Island Job Corps Farm
Treasure Island Job Corps
The one acre Treasure Island Community Farm was designed with a strong focus on educational and highly productive agricultural programs. Patricia Algara, along with Willow Rosenthal of City Sliker Farms, and Architecture for Humanity consulted with the Job Corps center to develop a farm plan that included the farm site design and a planting plan of specific crops that had been researched and tested as the best producing crops for this area. The plan also included methods to integrate green construction of the planting beds and various structures (chicken coop, greenhouse, farm stand, etc.) that the students could perform themselves
Treasure Island, California
1 acre site
Reference
Corey Block, Farm Coordinator, Treasure Island Job
Corps
[email protected] | 415.217.7999
Relevant Program Elements
Farm, Gardens, Greenhouse, Farm Stand
1 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land — Conceptual Site Plan
8. Conceptual Site Plan
18 24
23 19
17 22 16
20 15
14 8
10 11
4 3
9 1
2 12
13 5
7 21
25 26
Tennant Ave
Murphy Ave
S Valley Frwy
N
Fisher Ave
123456789
10 11
12 13
14 15
16 17
18 19
20 21
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26 Pedestrian Entry Plaza with Wind Turbine Tree
Indoor Public Market & Regional Food Hub
Outdoor Canopy
Piazza
Event Facility
Farm to Fork Tasting Venue
Nursery
Wine & Beer Garden
Bike Parking
Guest Parking
Rideshare Pick up / Drop off Point
Support Parking & Delivery
Waste Management
Domestic Animals: goats, chicken, & cows
Climate Educational Garden
Soil Lab + Biodigester
Compost
Co-op Farm
Fungi Lab
Fruit Trees Garden
Pollinator Shelters & Garden
Acoustic Orchard Berm
Cistern
Agrivoltaics
Pedestrian Gateway
Potential MoGo Stop
6
2 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land — Conceptual Site Plan
1. Pedestrian Entry
Plaza with Wind
Turbine Tree
2. Indoor Public
Market & Regional
Food Hub
3. Outdoor Canopy
4. Piazza
5. Event Facility
1 2
3 4 5
Credit: New World Wind
Credit: Östermalms Food Hall
Credit: Harbour Market Vodice Credit: Puerto Protal’s Farmers Market Credit: The Barn at Botley Hill by Haley Bray Photography
3 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land — Conceptual Site Plan
6. Farm to Fork
Tasting Venue
8. Wine & Beer
Garden
14. Domestic
Animals: goats,
chicken, and, cows
15. Climate
Educational Garden
16. Soil Lab +
Biodigester
14 15 16
Credit: Goat Feeding / Freepik.com
Credit: Agricultural Institutute of Marin — The Center for Food & Agriculture (for illustrative purposes only) | Multistudio + April Philips Design Works
Credit: BASE Landscape Architecture
Credit: Kony V Design Atlanta Beer Garden
6 Credit: DeDAKKAS
8
4 City of Morgan Hill RFP for Agricultural Farming Businesses to Lease City-Owned Agricultural Land — Conceptual Site Plan
17. Compost
18. Co-op Farm
19. Fungi Lab
21. Pollinator
Shelters & Garden
24. Agrivoltaics
19 21 24
Credit: Jacks Solar Farm by Werner Slocum NREL
Credit: BASE Landscape Architecture
Credit: BASE Landscape Architecture
17 18
Credit: Hirzel Farms Credit: reNature. agroforestry
USE PROPOSAL
FOR
City of Morgan Hill
LOCATED AT
Hwy 101 and Tenant Ave.
Morgan Hill, CA
APN 817-14-004, 817-14-005 and 817-14-009
FROM
ABC Tree Farms, LLC
2464 El Camino Real #934
Santa Clara, CA 95051
[email protected]
Holly: 707-775-1520
Jerry: 503-975-8733
www.abctreefarms.com
Jerome R. Klima Jr., Sole Member
Holly Prinz, Director of Operations
Primary Contact
Jerome R. Klima Jr.
ABC Tree Farms, LLC
PMB 367 at 25 NW 23rd Place, Ste. 6
Portland, OR 97210
[email protected]
5039758733 Cell Number
Description and Development Proposal
Proposed Uses, Periods of Operations, Staffing, and Maintenance Plan ABC Tree Farms, LLC proposes to use the subject property for seasonal agricultural uses in conjunction with Agritainment. Uses are to include a seasonal fruit stand in conjunction with a seasonal U-cut flower farm and spring sunflower maze. A Halloween Pumpkin Patch and a U-cut Christmas tree farm. ABC proposes growing no spray and organically grown (I do not believe we can do certified organic on this site because of prior herbicide and pesticide use) fruits vegetable and berries on site to supply the fruit stand. Further information on each of these uses follows.
Halloween Pumpkin Patch: ABC Tree Farms proposes operating a Seasonal Pumpkin Patch.
Proposed days of operation are August 15, annually through November 10, annually for the Pumpkin/Halloween Sales, which will include set up and tear down of the operation. Hours of operation will be Seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 10:00 AM and remain open until 10:00 PM.
The area will be as diagrammed in the attached Potential Halloween/Pumpkin Patch Plot Plan.
Based on my conversation with the Santa Clara County Planning Department the entitlements of the property that currently exist allow, in addition to agricultural uses, a choose and cut Christmas tree farm as well as a corn maze and agriculturally based entertainment in conjunction with a Pumpkin Patch. It will not allow additional entertainment such as inflatable rides and games. These uses will be allowed upon application and approval of a Conditional Use Permit for them. ABC Tree Farms, LLC with the approval of the City of Morgan Hill first obtained intends to submit an application for a Conditional Use Permit to the County of Santa Clara for additional Agritainment uses on this site.
The City of Morgan Hill will be consulted ahead of submission for the Conditional Use Permit and any submission will have to be approved in writing by the City of Morgan Hill prior to submission.
Until we receive approval of the Conditional Use Permit from the County of Santa Clara operations for the Halloween Season will be limited to the following (with landlord approval), a pumpkin patch, a hay and straw maze, photo areas, petting zoo, pony rides and tractor rides. All necessary permits and approvals will be acquired from the County of Santa Clara. Garbage and chemical toilets will be provided on the site by United Site Services and 7 Day Box. We will have no hazardous chemicals on our site. Once we receive approval of our Conditional Use Permit from the County of Santa Clara we are requesting the use of a 100’ x 140’ tent, (6) 20’ x 25’ Game Tents, and (12) 20’ x 20’ canopies which are all made of Fire Retardant material. Tent permits will be filed with the City Fire Department. We propose having approximately 20 inflatable amusements including bounce houses, obstacle courses and slides for children ages 2-12 that meet all California state requirements along with a super slide and pony rides. Inflatables are tied down using 1"x36" double head steel stakes made by Hogan Tent Stakes that go into the ground 30 inches (see attached picture). Each stake has the capability of holding down 2000 lbs. The tie down consists of a minimum 3/8" polypropylene rope with a minimum breaking strength of 2430 lbs. The rope is tied to stake and all tie downs located on the inflatable. Tie downs are double stitched on all inflatables. A picture of the inflatable tie down is attached and the approximate number of tie downs per inflatable below. Small Jumpers (20x20) generally have 6-10 tie downs. Medium Size Jumpers or 3N1's generally have 8-12 tie downs and 40x60 Slides have 20 tie downs.
We are requesting that 3 trailers be allowed on site during these seasonal sales events for use as on site security by our managers. Parking is as diagrammed on the site plan. Proposed staffing will be
2-10 employees on site depending on time and day of week. Items that will be sold will be pumpkins, gourds, squash, corn, Halloween items and décor. Anticipated attendance over the course of 30 days is approximately 2500 people. Security would be provided on weekends and peak business times.
Weed abatement will be provided prior to occupancy and maintained throughout the lease period.
All trash will be cleaned from the site daily and placed in debris containers on site. All leftover hay and pumpkins will be removed from site and mulched and used for soil enhancement.
Christmas Tree Choose and cut : Proposed days of operation are November 10 through December 30, annually for Christmas tree sales which includes lot set up and tear down periods. Hours of operation will be seven days a week from Thanksgiving to Christmas Eve, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 9:00 AM and remain open until 9:00 PM.
The area will be as diagrammed in the attached Potential Christmas Tree Plot Plan. All necessary permits and approvals will be acquired from the County of Santa Clara. Garbage and chemical toilets will be provided on the site by United Site Services and 7 Day Box. We will have no hazardous chemicals on our site. We are requesting the use of a 100’ x 140’ tent which is made of Fire Retardant material. Tent permits will be filed with the Contra Costa County Fire Department. We are requesting that 3 trailers be allowed on site for use as security for our managers. Parking is as diagrammed on the site plan. Proposed staffing will be 2-10 employees on site depending on time and day of week.
Weed abatement will be provided prior to occupancy and maintained throughout lease period. All trash will be cleaned from the site daily and placed in debris containers on site. All leftover trees will be removed from site and mulched and used for soil enhancement. The site will be thoroughly cleaned and inspected at the end of the season and returned to its original condition from the start of the lease.
Items that will be sold will be Christmas trees, wreaths and garlands and assorted Christmas Holiday Items. Anticipated attendance over the course of the 30 day period is approximately 1500 families.
Farmstand and General Agricultural Use:
We intend to use the site to operate a farmstand compliant with and as allowed in the Santa Clara County Code and to use parts of the property to continue with agricultural uses to grow crops that are complimentary to our sales operations. Included in this component of the use would be a summer flower maze and U Pick flower area as well as row crops and berries to be sold from the fruit stand.
Crops will be no spray whenever possible and we intend to use organic and low till or no till methods in our crop production as much as possible.
Throughout all operations the property will be cleaned and maintained on a daily basis.
Estimated Timeline of Development and Operations
We anticipate beginning the uses allowed and entitled to the property currently immediately upon approval of being the winning applicant if we are the winning applicant. We will begin the Conditional Use Permit approval process immediately upon being accepted the winning bidder if we are the winning bidder but we expect that to be an eighteen month to two year process. It will
take six months to one year to get an environmental Impact report and then the application will have to be docketed by the County and we will hopefully get approved for our intended uses. We are familiar with this process and have received numerous Conditional Use Permits in the past for other projects. We are requesting to have a one year delay after we receive approval for the project to pay a rental increase and have the rental increase occur the year after we get the approval for the Conditional Use Permit because we have no idea what time of the year we may receive the approval and we may not have the ability to utilize the approval on the calendar year we receive it.
Anticipated Use Levels and Target Markets
Target markets for the fruit market is generally a local market with a slight draw from Highway 101 of outside the area customers that are driving by. The large number of existing fruit stands in the area may limit the success of the fruit stand sales as there is already extensive competition. The age group of the fruit stand customer includes the entire demographic of the population. The target market for the U pick flower maze and Halloween and Christmas events will draw customers from within 100 miles of the location and includes all demographics but concentrates on extended families with children.
Anticipated use levels for the site using the current entitlements allowed for the peak Agritainment period over the course of the 30 day period is approximately 1500 family visits each for Halloween and Christmas. But this could increase if the requested Conditional Uses are granted by the County of Santa Clara to an anticipated 4500 family visits per season.
Preliminary Vehicle Access Planning
For access to the fruit stand we will request an easement be allowed from the County of Santa Clara that allows access to the property from Tennant Rd. Currently it appears that the property is being accessed from the adjacent property along Tennant Rd. and it may be necessary to purchase a temporary or seasonal right of way from the adjacent property owner.
For Agritainment events we anticipate accessing the site through the public right of way on Fisher Avenue. Traffic would be directed by signs from Tennant Rd. to Murphy Rd. and then along Fisher Rd where at the end of Fisher Rd. we anticipate installing a graveled parking area on the property.
The proposed graveled parking areas will be installed using fabric so that it can be removed in the future if necessary without damaging the agricultural value of the site.
Detailed Description of County Zoning and Permitting
We have spoken with the County of Santa Clara on several occasions regarding this property and have had a County Planner specifically assigned to review the code regarding the property and the project we are proposing. Current entitlements would include agricultural uses such as growing Christmas trees, fruit and vegetables as well as a corn or sunflower maze and limited Agritainment that is agriculturally related only. We are allowed to operate a modest fruit stand on the property with the current entitlements and plan on doing so in conjunction with growing crops on the property while we obtain a Conditional Use Permit. Obtaining permits for the full scope of the
project will require an environmental impact report and applying and being approved for a Conditional Use Permit. We are aware from the definition of the RFP that we will be responsible to pay for this. We estimate the timeline needed to obtain approval for this from the County to be eighteen months to two years.
Incorporation of Solar Agriculture Component
My understanding of Agrivoltics from Wikipedia is the definition that follows:
Agrivoltaics, agrophotovoltaics, agrisolar, or dual-use solar is the simultaneous use of areas of land for both solar panels and agriculture Because solar panels and crops must share the sunlight, the design of agrivoltaic facilities may require trading off such objectives as optimizing crop yield, crop quality, and energy production. In some cases crop yield increases due to the shade of the solar panels mitigating some of the stress on plants caused by high temperatures and UV damage.[3] The technique was originally conceived by Adolf Goetzberger and Armin Zastrow in 1981,[4] Agrivoltaics can refer to different methods of combining crops with solar panels, from conventional solar panels placed on top of crops, to greenhouses made of semi-transparent PV panels.
Definition[edit]
Agrivoltaic practices and the relevant law vary from one country to another. In Europe and Asia, where the concept was first pioneered, the term agrivoltaics is applied to dedicated dual-use technology, generally a system of mounts or cables to raise the solar array some five metres above the ground in order to allow the land to be accessed by farm machinery, or a system where solar paneling is installed on the roofs of greenhouses.
[citation needed]
By 2019, some authors had begun using the term agrivoltaics more broadly, so as to include any agricultural activity among existing conventional solar arrays. As an example, sheep can be grazed among conventional solar panels without any modification. Likewise, some conceive agrivoltaics so broadly as to include the mere installation of solar panels on the roofs of barns or livestock sheds.[2] System designs[edit]
There are three basic types of agrivoltaics that are being actively researched: solar arrays with space between for crops, stilted solar arrays above crops, and greenhouse solar arrays.[1] All three systems have several variables used to maximize solar energy absorbed in both the panels and the crops. The main variable taken into account for agrivoltaic systems is the tilt angle of the solar panels. Other variables taken into account for choosing the location of the agrivoltaic system are the crops chosen, panel heights, solar irradiance and climate of the area.[1] The most conventional systems install fixed solar panels on agricultural greenhouses, [5] above open
fields crops or between open fields crops. It is possible to optimize the installation by modifying the density of solar panels or the inclination of the panels.[6] Vertical systems[edit]
Vertically mounted agrivoltaic systems with bifacial photovoltaic modules systems have been developed. Most agricultural fences can be used for vertical agrivoltaics.[7] Overall, at least one PV module between posts is acceptable for most fences for $0.035/kWh for racking on existing fencing in the U.S.; although the yield for a vertical PV is only 76% facing south, the racking cost savings enable fence-retrofit agrivoltaics to often produce lower levelized cost electricity. [7] For fence PV, microinverters
had better performance when the cross-over fence length was under 30 m or when the system was small, whereas string inverters were a better selection for longer fences.[8] Simulation results show that the row distance between bifacial photovoltaic module structures significantly affects the photosynthetically active radiation distribution.[9] Next2Sun has commercialized vertical agrivoltaic
systems in Europe.[10] Open-source vertical wood-based PV racking has been designed for farms[11] that is (i) constructed from locally accessible (domestic) renewable and sustainable materials, (ii) able to be made with hand tools by the average farmer on site, (iii) possesses a 25-year lifetime to match PV warranties, and (iv) is structurally sound, following Canadian building codes to weather high wind speeds and heavy snow loads. The results showed that the capital cost of the racking system is less expensive than the commercial equivalent and all of the previous wood-based rack designs, at a single unit retail cost of CAD 0.21.[11]
Integrated systems[edit]
A standalone solar panel integrated system using a hydrogel can work as an atmospheric water generator, pulling in water vapor (usually at night) to produce fresh water to irrigate crops which can be enclosed beneath the panel (alternatively it can cool the panel).[12][13] We will cooperate with the City of Margan Hill’s desire to install solar components on the property wherever it is mutually beneficial. Although we do not currently intend to install greenhouses on the property that may change in the future and we would be open to a dynamic agrivoltaic installation as well. Definitely, the parking area would be an excellent place to install solar facilities although the installation would not be Agrivoltaic as defined above it would be nice to have the shade component for our customers.
Desired Financial Agreement with the City
Proposed Rental Rate: We are proposing a payment rate of $22,000 per year while uses are limited to the entitled agricultural uses not requiring a Conditional Use permit. Afterwards the rate will increase to $46,000.00 per year one year after a Conditional Use Permit is acquired with Santa Clara County allowing the requested and mutually agreed upon Agritainment uses. We prefer a long term lease on the property and are open to negotiation with the City of Morgan Hill as to term. Acquiring the Conditional Use Permit will take a one year minimum period and we will have to invest in an environmental impact report and numerous county fees.
Proposed Size of Leased Area: 25.6 acres
Proposed Lease Term: Lease term is proposed for year round use with a minimum term of ten years with two additional five year options. We are agreeable to a longer lease term if available and in the event that only a short term lease is available we would be willing to chane our offer to reflect the fact we might not obtain the proposed Conditional Use Permit.
References and Past Work
Company Background and Relevant Experience
ABC Tree Farms, LLC has been operating retail Christmas Tree Sales Sites and Halloween Pumpkin Sales Sites, Summer Fun Zones, Fruit Stands and Farmer Markets for over 40 years. On any given year, ABC Tree Farms operates 18-24 retail locations in the San Francisco Bay Area and in Southern California. We operate a clean, professional, first class operation. In addition ABC Tree Farms is also a grower and wholesale supplier of Pumpkins, Christmas Trees and nursery items.
In the past and currently we lease properties from a wide range of Shopping Center Owners and landowners, including Contra Costa County Airports Division, City of Antioch, City of Santa Clara, County of Santa Clara Roads and Airports, Samtrans, Santa Clara Valley Transportation Authority, Eastridge Mall, Fremont Hub Shopping Center, Capital Square Shopping Center, Bayfair Shopping Center, Outlets of San Clemente, NewPark Mall, Southland Mall, Westfield Shoppingtown Oakridge, Westfield Shoppingtown Plaza Bonita, Plaza Camino Real Shopping Center, University Plaza Shopping Center, Westgate Shopping Center, Century Theaters, Property Development Associates (Safeway), CVS Pharmacy, State of California, East Bay Regional Parks District, City of Lake Elsinore as well as numerous individual property owners.
We are currently listed as a sole member LLC of which Jerome R Klima Jr is the sole member and we are licensed to operate in three states including California, Oregon and Washington.
There is currently a lawsuit filed against ABC Tree Farms, LLC and Jerome R. Klima Jr by Pamela Noisette Hosley. The incident occurred when Ms. Noisette Hosley, who worked at the time for United Construction Services and was accessing the toilets in the ABC Tree Farms, LLC storage yard in Winchester California, had to pass through a preliminary gate prior to opening the gate to the ABC Tree Farms, LLC storage. The property this preliminary gate was located on was being leased by Always Rollin Corrals and Ms. Noisette-Hosley claims to have been bit by a dog belonging to the owner of Always Rollin Corrals, Daniel Winter. This incident occurred before she entered the property being leased by ABC Tree Farms, LLC and did not occur inside the area being leased by ABC Tree Farms, LLC. However we are named as a party to the lawsuit because she was entering the area to service our temporary toilets. I have turned this over to my insurance company and they are taking care of it. My understanding is that we have no direct involvement in the case and should be released from any liability. There are no other lawsuits that I am aware of in the last five years.
We have a better business Bureau rating of A+ with no complaints filed.
Please feel free to visit our website at http://www.abctreefarms.com to view photos and more detailed information on our other locations.
Conceptual Site Plans
Please see attached conceptual site plans and photos. Please note that these site plans are conceptual only because until we make application for the CUP and receive the conditions of use we are uncertain exactly how we will be allowed to utilize the property. Further any plans we submit as well as any uses we are entitled to under the current zoning of the property will first have to be approved as an agreed use by the City of Morgan Hill. Once approved we will make application to the County of Santa Clara. Any improvements we are proposing will be temporary and easily removable such as a tent for the Fruit Stand area. These improvements although temporary will first have to be approved by the City of Morgan Hill, then the County of Santa Clara and then passed by the County Building Department and the County Fire Department. All components of this plan will be fully compliant with all of the governing bodies overseeing the use of the property before they will be open for public use. I have attached a conceptual photo of the tent for the fruit stand but these plans are fluid depending upon the input of the governing bodies so that we receive full staff support and approval for our proposed project.
COVID-19 Protocols
Due to COVID-19, we are aware that we must follow any city, county or state ordinances that are in place at the time we are open to the public. We will be prepared to enforce masks, practice social distancing and to monitor the traffic in and out of the lot if required. We always have hand washing stations and hand sanitizer on site as well.
Proposed Conceptual Site Plan For Seasonal Agricultural Sales Under Current Entitlements
Proposed Conceptual Site Plan For Seasonal Agricultural Sales After Conditional Use Permit is Obtained
Conceptual Drawing of Tent to be Used for a Fruit Stand
16 CITY COUNCIL STAFF REPORT
MEETING DATE: November 15, 2023
PREPARED BY:
Christina Turner, City Manager
APPROVED BY: City Manager
PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL
INITIATED AGENDA ITEMS
RECOMMENDATION(S)
Determine if the majority of the City Council wants the following items agendized at a future meeting for discussion:
1. Consider providing more lead time for posting City Council agendas;
2. Consider a discussion on the Agricultural Mitigation Policy 18.152.050 - Mitigation ratio;
3. Consider a discussion on potential funding mechanisms for public art;
4. Consider revisiting City Council Policy 21-02, City Council Funding Requests; and
5. Consider a discussion on options for providing public comment and the transparency of remote meeting participants.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Community Outreach, Engagement, and Messaging
REPORT NARRATIVE:
Section 4.2 of City Council Policy 97-01 (Attachment 1) allows members of the City Council to request items be added to an upcoming City Council agenda by requesting an item during the “Future Council Initiated Agenda Items” section of the agenda. A City Council report will then be placed on an upcoming agenda for Council discussion and consideration.
Below are brief descriptions of several items proposed for Council consideration.
16 1. Consider providing more lead time for posting City Council agendas (requested by Council Member Martinez Beltran, attachment 2) In accordance with the Ralph M. Brown Act, Government Code 54954.2, the legislative body of the local agency shall post the City Council agenda at least 72 hours (Sunday 6:00 p.m.) before a regular Wednesday at 6:00 p.m. meeting. Current practice for the City of Morgan Hill has been to post City Council agendas the Friday before the Council meeting.
A Council Member has requested City Council meeting agendas be posted with more lead time in order to allow more time to prepare and inform the community.
Staff is seeking direction from City Council on whether they would like to agendize this item for a formal discussion on creating a policy to post agendas with a designated amount of lead time outside of the Brown Act requirement.
The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 4 hours.
2. Consider revisiting Agricultural Mitigation Policy 18.152.050 - Mitigation ratio (requested by Council Member Martinez Beltran, attachment 3) The City's Agricultural Lands Preservation Program supports the permanent preservation of open space/agriculture. The program sets forth mitigation to address the conversion of agricultural lands within the city limits and identifies policies and procedures for preserving viable agricultural lands and creating a greenbelt along the southern edge of the City’s sphere of influence boundary. The Mitigation Ratio states "a minimum of one acre of agricultural land (1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a non-agricultural use." In 2020, the State reevaluated the farmland-type designations, which resulted in a further reduction of prime farmland in the City and the City's sphere of influence.
A City Council discussion on the Agricultural Lands Preservation Program - Mitigation Ratio, was requested to reconsider directing mitigation funds to a local urban forestry plan as part of the City's Climate Action Plan and Agricultural Plan.
Staff is seeking direction from City Council on whether they would like to agendize this item for a formal discussion on the mitigation ratio.
The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 20 hours.
3. Consider a discussion on funding mechanisms for Public Art Funding (requested by Mayor Turner, attachment 4)
The City of Morgan Hill established art goals in the Morgan Hill 2035 General Plan and
16 Downtown Specific Plan to enhance the visibility of art and elevate creative culture. The City currently has an extensive art program guided by the Library Culture and Arts Commission. However, this program is completely opportunistic in nature and does not have any dedicated funding source that contributes to the City’s Art Fund. Therefore, there is no discretionary funding to support the installation and maintenance of art in public spaces or in private development.
Mayor Turner requested the City Council have a discussion on options for public art funding sources and staff is seeking direction from City Council on whether they would like to agendize this item.
The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 10 hours.
4. Consider revisiting City Council Policy 21-02, City Council Funding Requests (requested by Mayor Turner, attachment 4, and Council Member Borgioli, attachment 5)
In 2021, the Council adopted City Council Funding Requests Policy 21-02 (attachment 6) to establish a process for community organizations to request funding to support fee waivers, event sponsorship, and other funding requests from the City Council. The policy is intended to allow the City Council to fully evaluate all funding requests at one time along with budget appropriation.
On October 4, 2023, a funding request was brought to the City Council and the discussion identified the need to revisit CP-21-02 and consider revising policy timelines and terms. Both City Council Member Borgioli and Mayor Turner formally requested the Policy be revisited.
Staff is seeking direction from City Council on whether they would like to agendize this item and consider revisions.
The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 2 hours.
5. Consider a discussion on options for providing public comment and the transparency of remote meeting participants (requested by Council Member Martinez Beltran, attachment 7)
At the October 4, 2023 City Council meeting, hateful and hostile comments were made by people participating by Zoom for public comment. This occurred in Morgan Hill and throughout the nation. The state’s Brown Act, which governs public access to government meetings, only requires cities to offer the public a chance to comment at public sessions in person. Since the pandemic, many cities have continued to allow the public to comment by Zoom or phone. However, a growing number of cities in the Bay Area, including Morgan Hill, have moved to prohibit remote or telephone comments because of the increasing incidents of antisemitic callers.
16 A City Council discussion on public comments via Zoom and displaying the names of all Zoom participants during the meetings was requested by Council Member Martinez Beltran and staff is seeking direction from City Council on whether they would like to agendize this item.
The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 4 hours.
COMMUNITY ENGAGEMENT:
This report seeks direction from the City Council on whether or not to further agendize these topics for Council consideration.
ALTERNATIVE ACTIONS:
Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
At several City Council meetings, Council Members directed staff to bring back these topics for Council consideration.
FISCAL AND RESOURCE IMPACT:
There is no fiscal impact associated with seeking direction from the Council on these items.
CEQA (California Environmental Quality Act):
Not a Project.
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
From: Yvonne Martinez Beltran
To: Christina Turner
Cc: Michelle Bigelow; Edith Ramirez; Donald Larkin
Subject: Written Request Agendas be posted with more time and not before weekend Date: Wednesday, September 27, 2023 2:38:33 PM
Importance: High
6/7/2023 Martinez Beltran longer time for agendas
Over the past 5 years, there have been numerous requests from the public regarding our agendas at meetings, workshops and public comment and new Council Members requesting the Council Meeting Agendas be posted with more time before Council Meetings and not before the weekend. These requests have included suggesting not posting before the weekend. We often know that items are coming on a certain date, have deadlines to meet for items or have to inform applicants to be in attendance. Specifically, we had a request recently at a public comment again and therefore, it warrants the Council discussing the topic.
In Community,
Yvonne Martínez Beltrán
Councilwoman
City of Morgan Hill
From: Yvonne Martinez Beltran
To: Christina Turner
Cc: Jennifer Carman; Donald Larkin; Edith Ramirez
Subject: Written Request for Future Agenda item to revisit Ag Mitigation policy 18.152.050 - Mitigation ratio.
Date: Wednesday, September 27, 2023 2:38:25 PM
Importance: High
Recently, a draft EIR found a project to have significant impacts converting acres of prime farmland. Our agricultural mitigation policy calls for a minimum of one acre of agricultural land (1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a non-agricultural use but does not specify where the mitigation shall occur, within Morgan Hill or otherwise or what type of mitigation it should be.
Morgan Hill has lost orchards and tree canopy and is poised to lose more due to continuing development, and learning of a recent grant to all Santa Clara jurisdictions to implement an urban forestry plan, as well as other grants that may be able to work in tandem to restore some of those trees lost. I would like to reconsider directing mitigation to a local urban forestry plan as part of our climate action plan and our agricultural plan. This could be a City or downtown orchard paying tribute to our agricultural past while also serving to further our city beautification and uniqueness for local residents and visitors to enjoy, while restoring some of the tree canopy Morgan Hill has lost.
Therefore, I am requesting we have a Council discussion revisiting our agricultural mitigation policy 18.152.050 - Mitigation ratio.
In Community,
Yvonne Martínez Beltrán
Councilwoman
City of Morgan Hill
From: Hilary Holeman
To: Hilary Holeman
Subject: FW: Future Agenda Items
Date: Friday, November 3, 2023 11:38:13 AM
From: Mark Turner <[email protected]>
Sent: Thursday, October 5, 2023 10:45 AM
To: Christina Turner <[email protected]> Subject: Future Agenda Items
Hi Christina,
Here are the paragraphs for the two items brought up last night under Future Agenda Items. I don’t have my notes with me and I don’t recall the policy number for the non-profit item.
Public Art Funding
Public art is an important part of a community’s character. There are many public art projects we could commission, however, there is no funding to initiate them. An ongoing funding stream for public art is necessary if a community plans to be serious about art.
The benefits are numerous. Implementing a contractor fee based revenue stream dedicated to public art would provide the funding necessary for ongoing art projects to be realized.
Review Policy CP 21-02
In order to avoid subjective conversations around the funding of non-profit events that fail to meet certain criteria in the policy, the council should review and edit the policy as needed so that deadlines and other criteria are clearly defined, providing city staff the ability to determine if a request rises to the level of council review and approval.
Thanks so much,
Mark
Get Outlook for iOS
From: Gino Borgioli <[email protected]>
Sent: Wednesday, October 11, 2023 2:32 PM
To: Christina Turner <[email protected]> Subject: Funding policy
Christina
Below are several screen shots of the Funding Policy, I’ve highlighted the areas of concern and emphasis especially of Policy guidelines related to the March deadline date spelled out throughout the document, this is very clear and not ambiguous.
Number 5 spells out that staff ‘shall’ not accept applications beyond the March timeframe. I feel it is a tremendous waste of time on ‘staff’ time to entertain any applications beyond the March deadline, period.
In number 2 below it again states applications are due annually, again very clear…..
In the Policy Number 1 below, it states that the organization ‘must’ be a non profit, I do not believe that an organization that goes out and finds a non profit and tries to go under their non profit status is a sincere organization for our community.
IF staff e entertains any non profit, their non profit documentation should be provided with the application.
In the case of the recent requests, if the soccer non profit agreed to bring the ‘non’ non profit into their organization, then staff should ask for the non profits partner agreement in addition to placing the ‘non’ non profit under their status. I believe that the insurance company would have a problem with doing such a partner agreement. In addition, is this legal in the eyes of the IRS? Question, did staff ask for the partner agreement and insurance document stating acceptance of this group? In the policy number 1 below, it clearly states the issue of non profits, if the organization is not a nonprofit, no further action should be entertained.
In. Item ‘C’ below, I would question why the expenses are so far away from the revenue, unless theirs overwhelming reasons, this is not a value add both for the organization nor the city as this poses some jeopardy as to accepting other organizations of the same nature.
The last several document below after C just highlights the non profit question and the legitimacy to IRS standards.
Finally, the section that states a CC member can bring forward an item after the March timeframe should be completely removed from this policy. Causing enormous extra work for staff and the council is not conducive to our organization, using a CC members influence in this manner I believe is bordering ethical concerns. So item 6 B and C should be eliminated.
Sent from my iPad
CITY OF MORGAN HILL
CITY COUNCIL POLICIES AND PROCEDURES
CP-21-02
SUBJECT: CITY COUNCIL FUNDING REQUESTS
EFFECTIVE DATE: NOVEMBER 3, 2021
REVISED DATE: NA
ORIGINATING DEPARTMENT: COMMUNITY SERVICES DEPARTMENT
Purpose
The purpose of this policy is to establish a process for community organizations to request funding to support fee waivers, event sponsorship, and other funding requests from the City Council. The policy is intended to allow the City Council to fully evaluate all funding requests at one time along with budget appropriation.
Policy
1. Applicant Criteria
a. The organization requesting funding must be a nonprofit. b. The program, event, or activity provides a direct benefit to the Morgan Hill community.
c. Programs in alignment with the City Council’s Goals and Priorities shall be given priority. City Council priorities are established by the City Council in January of each year.
d. Each organization must submit an inclusivity statement describing how the organization and/or the proposed activity is inclusive of the entire community. e. Existing programs and events may be given priority.
2. Application Availability and Deadline
a. Applications for the next Fiscal Year (July-June) will be available on the City’s website annually in February.
b. Completed applications will be due annually in March.
3. Review and Approval Process
a. Applications will be reviewed by the City staff.
b. Funding applications and details will be included annually in the Budget Development or Mid-Cycle Budget Review process.
c. The City Manager will make recommendations on funding to the City Council based on established Council priorities and funding constraints. d. The City Council shall award and include final funding within the Budget.
4. Reporting Requirements
DocuSign Envelope ID: 87764CAC-F5F2-4AC2-921C-27D9BF34420E
a. Within thirty days following the conclusion of the funded activity, the organization must submit a report to the City reporting out pertinent information related to the activity. For ongoing activities, an annual report must be submitted by July 30 for the prior fiscal year. b. The report shall include a record of the use of City funds and statistics and information that provides details on the activity’s impact to the community.
5. Late Requests
a. Requests received after the deadline shall not be accepted by City staff.
6. Council Member Initiated Event and Fee Waiver Requests a. A member of the City Council may request a fee waiver or funding be provided for an event by applying with the above application process by the March deadline. b. All Council Member initiated requests occurring after the March deadline must be provided to the City Manager 90 days in advance of the event to allow sufficient time to bring to City Council for approval.
c. The City Staff shall prepare a report for the City Council for approval of any Council Member initiated requests.
This policy shall remain in effect until modified by the City Council.
APPROVED:
_______________________________
RICH CONSTANTINE, MAYOR
DocuSign Envelope ID: 87764CAC-F5F2-4AC2-921C-27D9BF34420E
From: Yvonne Martinez Beltran <[email protected]> Sent: Tuesday, October 24, 2023 11:17 AM
To: Christina Turner <[email protected]> Cc: Shane Palsgrove <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]> Subject: Requests for public comment & Council meeting attendees Thank you!
I am separating out two items please for follow up and to understand a date when it will be addressed please.
1) Discussion on public comment- this should happen at our next meeting Nov 1 even if it is not fully developed and there are items to address before moving forward. 2) I am requesting to see all of the names of participants on zoom during the meetings and have them displayed so our meetings are transparent as to who is participating moving forward. We have invested heavily in upgrading our technical capabilities and need to stay on top of technology to maximize public engagement and transparency. I’ve asked about this since COVID started in 2020 and it’s been nearly 3 years of refining these solutions.
Thank you for all you do!
In Community,
Yvonne Martínez Beltrán (pronouns: she/her/hers)
Councilwoman
City of Morgan Hill
17575 Peak Avenue, Morgan Hill, CA 95037
[email protected]
morganhill.ca.gov | facebook | twitter
From: Christina Turner
To: Hilary Holeman
Cc: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Zoom City Council Meetings
Date: Tuesday, November 7, 2023 4:44:24 AM
-----Original Message-----
From: Robert Benich <[email protected]>
Sent: Friday, October 27, 2023 8:04 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Marty Cheek <[email protected]> Cc: Christina Turner <[email protected]> Subject: [EXTERNAL] Zoom City Council Meetings
To Honorable Morgan Hill City Council:
I wish to have my input noted that ZOOM access for public meetings should only be to observe and listen to the proceedings. This should be no different than watching the meetings on Public Access TV. ZOOM participants must not be allowed to make comments. Public comments should only be made in person at the meetings.
Robert Benich
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: Mike Tangney
To: CityCouncil; CityCouncil
Subject: [EXTERNAL] Public comment access for seniors and disabled.
Date: Wednesday, October 25, 2023 10:33:10 AM
To Whom it may concern,
It is unfortunate that to my understanding, the city has decided to eliminate remote public comment at meetings. It is so frustrating when a few ill mannered individuals disrupt established processes.
There are several options available such as time delay and pre-authentication that I hope you will explore.
Attending and following meetings in person is not possible for many due to disabilities. Even relatively common problems like hearing loss and poor vision make participation in live meetings difficult. At the last meeting I attended, I found the volume of the sound system too low and the text size of the closed captions too small to easily follow.
I hope you can adjust the ban on remote comment to allow seniors and those with disabilities to continue access to remote comment. San Francisco had done this. As I’m sure you are aware, a few individuals and law firms have made a career out of suing businesses over the Americans with Disabilities Act. I don’t expect it will take long for someone to test these new restrictions.
“Seniors and people with disabilities can still use the phone-in comment option under the changes approved Tuesday.”
ap23073839703039.jpg
San Francisco, Union City officials to restrict or
ban remote public comments at meetings after
racist remarks
cbsnews.com
Thanks,
Mike Tangney
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.