Morgan Hill City Council
September 3, 2025

TAC MEMORANDUM OF AGREEMENT
5/6/13
In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all Countywide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep Countywide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as Countywide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of desjgnated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.

C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent" or both, the proposed costs to perform each function shall be separately specified.

The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs; the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues.

Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.

D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests. 14

TAC MEMORANDUM OF AGREEMENT
E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in .Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the Countywide Funds received and expended by the Contracting Agent. In such event, the Contracting Agent shall cooperate fo1lly, and in a timely manner, with persons performing the audit.

F. Evaluation of the Contracting Agent. Each year, the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the .

Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent.

XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commissionapproved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq., but may provide such services under separate contract with any PARTY or PARTIES.

XII. OTHER AGREEMENTS OF THE PARTIES
5/6/13
A. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever 15

TAC MEMORANDUM OF AGREEMENT
occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.

8. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14. The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.

C. Counterparts. This Agreement may be executed and delivered in any number of copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.

D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended (Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, inciuding, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.

E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI.

Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in . connection with or arising from any work, authority or jurisdiction delegated to such 5/6/13 16

TAC MEMORANDUM OF AGREEMENT
516/13
PARTY under this Agreement.

F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including, but not limited to, the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES. :<' f ;f\ . / ! i/ ! t ~
G. Amendments. This Agreement may be amended by·unan1nfo'uswritten L ', l agreement of the PARTIES. AU PARTIES agree to -~r!r:ig~~flY··Proposed ai'liendments to this Agreement to their Council or Board, as applitable'/ witf1ln three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015.

The IC may recommend amendments on a more frequent basis if desired.

H. Venue. In the event that suit shall be brought by any PARTY to this Agreement, the PARTIES agree that venue shall be exclusively vested in the state courts of the C?u~ty of Santa Clara, or. w~ere othe~is~ jie,f{i~f 1~~{V,~t~~fti1J~]~nited States District Court, Northern D1stnct of Callforn1a,\~slltil~;C?,. ,., i~flfi{~f8'i:1s~m i!Jrito 'tu .?. ic,aivisquZ
I. Attachments. Attachments 1 through 5 are attached.hereto and'lffc'orporated herein by this reference. · _________ · ·
17

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

APPROVED AS T~ORM:~
By: PRES-+, __ ---j:---+---'J"i'I----- By: ld1ud{ I~ o/5J;?t}13 Deputy County Counsel

KEN YEAGER
Signed and certified that a copy of this - ·
document has been delivered by elldronic: - or other means to the Presfdent. Board of ~
-_ -. '/ _ -n!'l _ega®Ol, - I . _ _ _ - - -
BoarrtofSupe~
5/6/13 18

TAG MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
Chair, Board of Supervisors

CITY OF CAMPBELL
Date: July 17, 2013
By{$.£~
Title: city MeE.a.g€lr

CITY OF -------
Date: ----------
By: __________ _
Name: --------- Title: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date: ------------
By: __________ _
APPROVED AS TO FORM:

By:~
Name · William ~ Selig.xnann
Title: City Attorney
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT

CITY OF CAMPBELL
Date: ---...,...-'------
By: _________ ~--
Name: Mark Linder
Title: City ManagE:)r

CITY OF CUPERTINO
Date: . ! /:;g/13
By: {!a.1;.JJ.t{Jju!tJ1rd WJ
Name: David Brandt //
Title: City Manager

CITY OF GILROY
Date: ----------
By: _________ ---,--__
Name: Thomas Haglund
Title: City Administrator

CITY OF LOS ALTOS
Date:_. __________ _
By: _________ _
Name: Marcia Somers
Title: City Manager

TOWN OF LOS ALTOS HILLS
Date: ----------
By: ______ - __ _
Name: Gari Cahill
Title: City Manager
5/6/13
APPROVED AS TO FORM:

By:_~---------
Name:
---.,--,.---- Ti tie: City Attorney
AP;;; AS~ORM: . - . I ay. 1,4 . N~nie:e{Kta<i41!df (ti1tle: City Attorney APPROVED AS TO FORM:

By_: __________ _
Name:· ·-------- Title: City Attorney
APPROVED AS TO FORM:

By: ____ - _____ _
Name: ----------- Tit I e: ---------
APPROVED AS TO FORM:

By: __________ __,
·Name: -------- Title: Town Attorney
19

TAC MEMORANDUMOFAGREEMENT
CITY OF ·CAMPBELL
Date: --"---------
l3y:_~,__---,.....,,...,.-------,-
N~me; M~r:~ L.incl.ir
Title: city M~n~g•r

CITY OF CUPERTINO
Date: ----------
B.y:,---,--________ ____
N~rnl3J Pijvir::t etandt
Title: City Manager
C!TY OF C31LRQY
·~·=== By, . .

Na.rn~= Toorrr~~ Hl9!!Jnd.

Title: City Acfrninistrator
CITY OF LOS At TOS
Date: _________ _
By:-. ---------- Name: Marcia somers
Title: City Manager . .

TOWN OF LOS ALTOS HILLS
Date: ----------
By: _________ _
Name: C~rl Cahlll
Title: City Manager
5/6/13
APPRO\/EO AS TO FORM:
fly: __________ _
· ~@r86itfAttottrey
APPROVED AS TO FORM:
fty: __ __,.,.,_--------'- Nanie: · Tltie: ·_c_it_y-Att--., o-,'t-ne_y ___ _ APPROVEO ASTO "J;ORM:
13y: c/~/f.~-
Name: /... 1 NO e
Title; City Attorney
ATTEST:

A ~ c;,tlJ--Lc)(V
City Cleric
APPROVED AS TO f=.'ORM:
av:_-_________ _ Name: -----~-- 1 it I e:
---------,.

APPROV!=D AS TO FORM:

By: __________ _
Name:

Ti tie: Town -------- Attorney
19

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors
c1TY oF Los- A,,&(os
Date: ~-q --( ~
By:/1~~
Name:£/~~~
Title: tny ~-
CITY OF _____ _
Date: ----------
By: _________ _
Name: -------- Tit I e: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATIEST:

Date: -----------
By: _________ _
APPROVED AS TO FORM:

By:-t-7"-"--="':::~~-=>t-+-=------.c=-.=----
N ame :.....:·~~~~~=:,_,i_-
Title:_~~=A--.L...l..!<~~~;.+-
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors

CITY OF LOS ALTOS HILLS
Date: lObl.f J 20/3
By: Cal2~~~
Name : carica.IT1
Title: city Manag:er

CITY OF -------
Date: ----------
By: __________ _
Name: -------- Tit I e: ---------
516113
By: __________ _
Deputy County Counsel
ATTEST:

Date: ___________ _
By: __ ,--________ _
APPROVED AS TO FORM:

By.~,=:::. =::::,-· -- Name : Steve Mattas
Title: city Attorney
APPROVED AS To· FORM:

By: ____ --'-------
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
By: __________ _
Chair, Board of Supervisors
CITY OF ______ _
Date: ----------
By: _________ _
Name: -------- Ti tie: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date:. ___________ _
By: _________ _
APPROVED AS TO FORM:

APPROVED AS TO FORM:

By:. __________ _
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT
Title: City Manager

TOWN OF LOS GATOS
Date: ----------
By: __________ _
Name: Greg Larson
Title: Town Manager

CITY OF MILPITAS

CITY OF MONTE SERENO
Name: Brian Leventhal
Title: City Manager
CITY OF MORGAN HILL ·
Date: ----------
By: __________ _
Name: Steve Rymer
Title: City Manager
(
5/6/13
Title: Town Attorney
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: Town Attorney
APPROVED AS TO FORM:

APPROVED AS TO FORM: I
Name: --------
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: City Attorney
20

' r

TAC MEMORANDUM OF AGREEMENT

TOWN OF LOS GATOS
Date: ----------
By:_--,-_______ _
Name: ~reg Larson
Title: Town Manager'

CITY QF MILPITAS
Date~ ----------
By:---------- Narne:Tom Williams
Tjtle: City Manager
CITY OF MONTE SERENO .

Da.~ N~;:.~~~ By· .

Titlez City Mailc:1ger
CITY QF MORGAN Hll!.L
Date: ------------ :By:~ ________ _..;.. __
Name: Steve Rymer
Title: City Manager
.S/6/13.

APPROVED AS TO FORM:
ay: __________ _
Name: ____ ...;.;.... __ _
iitle: Town Attom.eyAPPROVED AS TO .FORM:

By: _ ___._ ______ ~ _ ___.__
N~me :. Mic::fl~~I J, Ogaz
Title: City Attorney
APPROVEDAS Td·FORM:

By:. c:,--."'8 ...... .f'~
N,~rne·:Kj rsteo Powell
Title: City Attorney
APPROVEO:AS TO FORM:

By:·_. ----------
Name·:
,---------. Title: City Attorney
20

TAO.MEMO.RANDUM·OF.AGREEMENT
TQW"f Q_F LQS '~ATOS
bate: ----------
By: _________ ..;___
N~m~r .(lr~g L~rsqn
Title} Town· Mana,ger
CJTY OF MllPITAS
Dat~:. "-----------
. B.y:_=,---------
Na.rne:·tiim ;WJ11iam$:

Title: ·Qjty IYl~ti~g~r
CITY QF MONTE $ERl=NO
Date:~. ________ _
By; ___ __,..-,-,-----___,
Name:: Brian Leventhal
Title; CiW Ma.n.a.g~_i'
CITY OF MORGAN HIL.L
Date: ·10/, £ 3
'{ ..

By:~~ Name::·~~
Title-: City Manager
5/6/13
APPROVED As TO PO.RM:
ay~------cc-=-------=--- Name: Titl~;- ,.-o-w_n_JA-. tt-o-rh_e_y ___ _ APPROVE[} AS TO FORM:

By:.,----,--'-------,---~
N~me· ·~. _ Mi_c,h~eJ.J 1 Qg~z
Title: City Attorney
APPROVED AS TO F,iQRM:
·.By: .N<' .. -,-.... -. --~--c-------
f~!~: ---------
::,p~lE: .
.fwName : tz.ell\ M
Title: City Attorney
12e.56\uf\Of\ ~o·. ee,t,;38
iO

TAC MEMORANDUM OF AGREEMENT

CITY OF MOUNTAIN VIEW
Date: '1,LV-13
By:~~~
Name:· DanieH.ich ,
Title: City Manager ·

CITY OF PALO AL TO
Date: ----------
By: __________ _
Name: James Keene
Title: City Manager

CITY OF SAN JOSE
Date: --------------
By: __________ _
Name: Norberto Duenas
Title: Deputy City Manager

CITY OF SANTA CLARA
· Oi;ite: ----------
By: _________ ~
Name: Julio J. Fuentes
Title: City Manager

CITY OF SARATOGA
Date: ----------
By: __________ _
Name: Dave Anderson
Title: City Manager
5/6/13
APPROVED AS TO FO~
By:._~..K.U.L..::...:...:....-=:J-£><;___ ___ _ Nam" : annie L Q1Jinn Title: ity Attorney · .

APPROVED AS TO FORM:
- Name: _______ _
Title: City Attorney
APPROVED AS TO FORM:

By:~----------
Name: Rosa Tsongtaatarii
Title: Senior Depvty. City Attorney
APPROVED AS TO FORM:

By:~----------
Name: Rich.c1rd E. Nosky, Jr.

Title: City Attorney ·
APPROVED AS TO FORM:

By:_. -----------
Name: Richard Taylor
Title: City Attorney
21

-- TAC MEMORANDUM ()F AGREEMENT
- CITY OFMOUNTAINVll~W- -
- - -
Da_te:-'-_ --'--------"-------'--- APPROVED ASTO FORM:

By:_-__________ ---• By: __ -'---"----'---'----'------
Name: Daniel -H. Rich Name : Jannie L. Quinn __
- Title: · City rv1anager . _ Title: City Attor~ey _ •

CITY OF PALO AL TO
APP
- . E3y:'-· ~~::....,;_::.....:::~::j:.;_.,,....;.;..,~.....:...._.;......_ .. ~~me: • .ti\. _
• -t'Ofitle: Cjty Attorney

CITY OF SAN JOSE - -
Date: ----------
By:_·----------~
Name: Norberto Duenas
Title: DE!pyty City Manager _
. CITY OF SANTA CLARA
Date: - ·-- ----------
-• By: __ ~--~----- Name: Julio J. Fuentes
Title: City Manager - - - -

CITY OF SARATOGA
' -
Date:_· -'-"-'--'--'-------,--~--------'-~
By:_•-----,---,------~-~-
Name: : Dave Anderson_
Title: · City Manager -
5/6/13 -
-APPROVEDASTO FORM:
-. By:~----,-----,-----
-. Name : Ro.sa Tso·ngtaatarii
_ Title:Sen_iorDeputy City-Attorney
APPROVED AS TO FORM:
--By: _____ ---,--~--- . · Name: Richard E. Nosky, Jr.
- _·title: City Attorney _
_ APPROVED AS TO FORM;
_- By:~---'--~----~--
Name: Richard Taylor
Title: City Attprriey
21 i"'
r
. -

TAC MEMORANDUM OFAGREEMENT

CITY OF MOUNTAIN VIEW
D.ate: ---~-----~
By:____,-.--,----,-....,,....,,-,------
Name: OanielH. Ilion
Title; Oity Manager
. CITY OF PALO ALTO
a.Y:_· ----;----.------- .Namer James Keene
Title: bity Mshager

CITYOF SAN JOSE
CiTYQF SANTA CLARA
By: ...... ·~----------- Name: .Jullo J. Fuente:s
Title: City Manager -..,.
5/6/f3
APPROVEI\lAS TO FORM:
13·, .Y, . . N;;:ime : JannJe '.l...c 'Quinn
Title: City Aftt,ir!'leY
ARPHQV~P.A$TO'fQRM:

B_y:_. -------------
Name: _______ ..,__
Title: CifyAttorney
APPRGVEP AS TQ FORM:

By:_. --------,-..,..--,,-,---,- . Name:Ri¢harci E. No$l<Y, Jr..

Title: CityArtqmE:IY ''•
APPROVED AS TO FORM:

By:_---,--......-------~ Ni:iroe:: Richarp Taylor ·
l'itlEf GJtY, Att9mey

.............. >··· ......... < ..·.··•·• >< ..................... · .. . • ____ rAc MEMORANDUM oi= AGREEMENT --

CITY OF MOUNTAIN VIEW---
By: __ ~--~------'---
Name:: Daniell-I. Rich :
- Title: C City Manager _
-CITY OF PALO AL TO · -
- Date:> ;-,.,.,.....--,--,---------,--:-,-:----------,-------,--,--- By: __ ~~-~~----
-Name: James Keene
•=_Title: ::City Manager

CITY OF SAN JOSE
_ Date:_ ............. -----------'------
By:_-_----'-------.--~--~--
Name: Norberto Duenas
Title:· Deputy City Manager
CITY OF SAl~TA CLARA _
-CITY OF ·sARATOGA
D~te: -~~..,......-~-----
By;----'-'--~--------~~---
Name: Dave Anderson
Title: City Manager
5i6II3
. . .. .. . .

APPROVED AS T(J FORM: -
By:--,'----~~------
1\lanie : Jc3rmie L. Quinn
Title: Qity Attorney -
. .

APPRov1=0 AS ·-ro FORM::_ -
. 13y:_·----'---------
· Narrie: -- --~---'-------
Jitle: City Attorney -
..
- -APPROVED AS TO FQRM:
--- By:_·---------,------
- - Name : Rosa T songtaatarii
Title: SeniOr DepµW City:Attorney
. . . }
- APPR=oVED AS TO FORM:
,-
'Jr. -
. : . . . ;"
APPROVED AS TO FORM:
.By: __________ _
Name: Richard Taylor
Title: City Attorney
21 . !

TAC MEMORANDUM QFABREEMENT

CITY OF MOUNTAINV'IEVV
Oate:. ___ ,...;.....,.;...;.,..,-;;....;........;......._...-'---'-- By:_1 -....,.........--..,,..,..--------~-
Narne: O~·rt,el H. Rich
Title: City Manager
CITY OF PALO:ALTO
Date:. · .. ,
By: _____________ _
Namet J'ames Keeme
Title:. City Manager
CITY OF SAN JOSE .

Date: __ ----'---"--'-c--'-----
'8y:--'-·. -...,..-..;.,;---.,.,..,.---"'-------'-
Nallie: Norberto IJ'uenas
Title: Depµty City M~·nager

CITY OF SANTACLARA
· Date: ---------------- By:_·-----'-'----------~-- Naoie: .Julio. J. Fuente~:; ·Title: City Manager

CITY OF SARATOGA
D. · 7 ;... 2-r·:- Z.P I ? · · - ate:'--. _______ -.1.;..__ By: 9eJ~
Name:·. Dave Anderson
Title: City Manager
5/6/H .

APPROVEGl.~S::T:0 FQR:i\,k .
··e"· :· .. ~,.:.-._-_,,...._,.___,,..,._.,......,,._-,----- Name : Jannie :L Quinn> . · .

Titre/ City Attt>meY · ·
A.RPR0\/~[Y}t$TO'FORcM:

Bv:•_.· _.....;,.._ _____________ _____
.Name: . .,.,.· ~~-......,..__,...:..--- Title:. City Attorney · By:._' ---,.,,.,.,_-. ............ ....,.............,........-,,,.,.--"- Name ': :~o$a tsongJlaatarlF · · !itle::.$enier. Deputy·City.Att~mE3f
APPROVED AS TO FORM: . ' . . . . .- . ''i
By,:,. . .. . . . .... ····· .. · . Name: 'i!phan:l E. Npsl<y,. Jr, '.'"mtlei:, · City Attome>y • . . . •,. '
APPROV.ED~S TO FORM: •• ., ,. • • ~ 1 ' • • •
=--=:::::----,·
By:, ~ ., <:::.,.

Name: Richard Tay[pr
Tjtle; CityAfforn~y
- --

TAC MEMORANDUM OFAGREEMENT

CITY OF SUNNYVALE
APPROVED AS TO FORM:

By: _ __,__u -+.....-c. -~ _~ _,.._Ll _-_...oi -~---_-_~..,,_-By: J-o,~ ~ rv--== Name Name: Joan A. Borger
Title: . Title: ·
5/6/13 22

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1

INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:

Staff Person
Elizabeth Constantino, Program Manager II
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.

Lisa Rose, Senior Management Analyst
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties.

Clifton Chew, Management Analyst
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.

Zachary DeVine, Management Analyst
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.

Sue Sherrin, Associate Management
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst
Home Composting Education Program
Coordinator
Joanne Chapa, Office Specialist Ill
5/6/13
% FTE Committed
To Administrator
Duties

0.82 FTE

0.87 FTE

0.80 FTE

0.67 FTE

0.98 FTE

1.0 FTE

0.94 FTE
23 % FTE Committed
To County
Unincorporated
Duties

0.18 FTE

0.13 FTE

0.20 FTE

0.33 FTE

0.02 FTE

0.00 FTE

0.06 FTE

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2

SELECTION PROCESS FOR THE ADMINISTRATOR

1.Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services. The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.

2.Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced. Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.

3. Key Employee. A "key employee" includes, but is not limited to, any one of the following:
5/6/13
a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
24

TAC MEMORANDUM OF AGREEMENT
5/6/13
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.). e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's, associations, -etc.).
25

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3

ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET

1.Scope of Work. The proposed Annual Workplan ar:,d Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost therefore, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.

2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees.

3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Adr:pinistrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.

4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs.

5.Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current 5/6/13 26

TAC MEMORANDUM OF AGREEMENT
Contracting Agent, and other potential providers of these services.

6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already encumbered for contracts in progress. The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.) ?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for eac.h. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval. 5/6/13 27

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4

CODE OF ETHICAL CONDUCT

1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.

2. All members shall remain aware that the activities of the TAC are funded by fees. raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.

3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by theTAC or by any program funded by the TAC.
d. A charity, community group or non-govemmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents of the member and the member's spouse.

4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded.

5. Members .shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member's own agency.

6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room.

7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.
516113 28

TAC MEMORANDUM OF AGREEMENT

8. Members s.hall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, · donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.

9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.

10. Members shall not use their membership on the TAC for private gain.

11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
.12. Members shall not seek or accept any contract to provide services to the TAC for a period of at· least six (6) months after termination of their membership on the TAC.

13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.

14.AII members shall participate in a TAC-sponsored Ethics Training bienr:,ially.

15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
5/6/13 29

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5

PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT

TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES./ ,

1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.

2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following: ·
A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.

B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstanc~s change during the year, or if there are other reasons to do so.

C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.

3. In the event the Fiscal Agent is also serving as the Ac;jministrator, the IC shall direct the Fiscal Agent to transfer funds to th_e Contracting Agent for payment of the Administrator. The Contracting Ager:,t shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.

4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of Countywide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.

5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the , Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the , Administrator, the Fiscal Agent and the Contra'cting Agent, as well as carrying out the duties of each.

6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.

7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.

8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred. 5/6/13 30

TAC MEMORANDUM OF AGREEMENT
9: At the end of the fiscal year, the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.

10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of s'uch funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures.
5/6/13 31

County of Santa Clara
Department of Agriculture and Environmental Management
Recycling and Waste Reduction Division
1555 Berger Drive Suite 300
San Jose, CA 95112
(408) 282-3180
Fax ( 408) 282-3188
DATE:

TO:

FROM:

RE:

September 2, 2014
Clerk of the Board
Lisa Rose 1--tJ
Memorandum of Agreement
http://www.ReduceWaste.org
Attached are the original, signed copies of the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee, signed by each Party to the Agreement. Please forward an executed copy to me (electronically) and I will distribute to each of the cities. Please contact me at 408-282-3166 or [email protected] if you have any questions.

Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian County Executive: Jeffrey V. Smith

EXHIBIT B
Composting Education Program Jurisdiction Contributions Fiscal Years 2025-2027
Jurisdiction
2024
Population*
% of Santa Clara
County
Population
FY 25-26
Jurisdiction
Contribution***
FY 26-27
Jurisdiction
Contribution***
Jurisdiction Total for
Term of the MOU
$147,000 **
Cupertino 59,471 3.12% $4,593.45 $4,593.45 $9,186.90
Gilroy 61,033 3.21% $4,714.09 $4,714.09 $9,428.18
Morgan Hill 46,384 2.44% $3,582.61 $3,582.61 $7,165.22
Mountain View 86,535 4.55% $6,683.83 $6,683.83 $13,367.66 Palo Alto 67,973 3.57% $5,250.13 $5,250.13 $10,500.26
San Jose 969,491 50.94% $74,881.95 $74,881.95 $149,763.90 Santa Clara 132,048 6.94% $10,199.18 $10,199.18 $20,398.36 Unincorporated 90,467 4.75% $6,987.53 $6,987.53 $13,975.06 PROGRAM TOTAL 1,513,402 79.52% $116,892.77 $116,892.77 $233,785.54 SCC County Population 1,903,198
****The total MOU amount decreased by 0.01 cent to resolve rounding variance. ***Jurisdictions will provide the full contribution amount for each fiscal year.

COMPOSTING EDUCATION PROGRAM JURISDICTION CONTRIBUTIONS BY POPULATION *Source: State of California, Department of Finance https://dof.ca.gov/forecasting/demographics/estimates/e-4-population-estimates-for-cities-counties-and-thestate-2021-2024-with-2020-census-benchmark/ ** $147,000.00 was the Composting Education Program's initial cost of service to implement a Countywide Program that assumed participation from all 16 jurisdictions within the County. Page 166 of 353

EXHIBIT C

JURISDICTION RESPONSIBILITIES
a) Coordinate with the assigned Program representative to promote Composting Education Program Workshops and/or events via jurisdiction specific communication and outreach channels. b) Assist the Program in securing workshop room locations equipped with adequate infrastructure and materials for hosting Composting Education Program workshops. c) Connect the Program with school contacts to schedule school events. d) Participating jurisdictions shall submit the contribution amount and follow the funding terms outlined in Exhibit C of the MOU.
e) Provide jurisdiction recycling and waste reduction collateral materials for the Program to disseminate during events and workshops.
f) Make good faith efforts to communicate with the Program in a timely manner to ensure successful coordination of workshops and/or events.

Composting Education Program
Fiscal Year 2026 and Fiscal Year 2027 Scope of Work
Updated July 17, 2025
The Composting Education Program (Program) is a vital initiative that directly supports the county’s waste reduction goals by engaging the community in sustainable waste management practices. This scope of work outlines services from University of California Cooperative Extension (UCCE) Santa Clara Composting Education Program for FY 25-26 and FY 26-27 based on the following funding commitments from participating jurisdictions.

For FY 25-26 and FY 26-27, the Compost Education Program will be funded by multijurisdictions through an MOU managed by the City of Morgan Hill. To ensure program continuity and honor commitments for workshops already scheduled and promoted, the University of California Cooperative Extension will continue conducting the program from July 1, 2025, even before the MOU is executed. UCCE will cover program costs during this interim period and will be reimbursed retroactively from the agreement to July 1, 2025, once the MOU is in place. Under the terms of the MOU the Program will receive payment for the entire amount listed below for both fiscal years under this funding schedule.

The Program’s scope of work to provide services Countywide was initially proposed at $147,000, however the total amount for services reflected in the table below is modified to remove the cost contributions from jurisdictions that have opted not to participate in the multijurisdictional Composting Education Program. The updated scope of work and Program cost accounts for services that will only occur in the jurisdictions that participate in the MOU.

Each jurisdiction’s cost contribution amount listed in the table below is based on the percentage of the Santa Clara County population that resides in each participating jurisdiction and the percentage of the jurisdiction population is divided into the initial Countywide Program cost for services at $147,000. The population was exported from the California Department of Finance for 2024.

This MOU’s funding will support 0.5 FTE program coordinator. The program is also supported by UCCE staff including the Organic Waste Management Advisor and Master Gardener Program Coordinator. The UCCE Organic Waste Management Advisor will provide academic oversight ensuring that information disseminated by the Master Composter volunteers is sciencebased. The Advisor will also develop curriculum and training materials for Master Composter Volunteers and contribute to evaluation of the program. The Master Gardener Program Coordinator will oversee training and continuing education for Master Composter volunteers and support the program coordinator in program reporting.

Annual Deliverables for each FY 25-26 and FY 26-27
The following deliverables will be completed each fiscal year during the two-year program period:

Task 1: Educational Outreach and Workshops
1a: Workshop Delivery
● Conduct at least 25 workshops annually (including up to 4 online workshops and 2 workshops in Spanish), approximately split up as follows:
▪ i. South County (Gilroy-Morgan Hill) 2-3 workshops
▪ ii. West Valley (Cupertino) 2-3 workshops
▪ iii. San Jose 8 -12 workshops
▪ iv. North County (Palo Alto, Mountain View) 4 - 6 workshops ▪ v. Central (Santa Clara) 3-6 workshops
● Schedule and promote workshops in participating jurisdictions. ▪ An annual workshop schedule will be created at the beginning of the fiscal year.

COMPOSTING EDUCATION PROGRAM JURISDICTION CONTRIBUTIONS BY POPULATION Jurisdiction
2024
Population
% of Santa
Clara
County
Population
FY 25-26
Jurisdiction
Contribution
FY 26-27
Jurisdiction
Contribution
Jurisdiction Total
for MOU Term
Cupertino 59,471 3.12% $4,593.45 $4,593.45 $9,186.89
Gilroy 61,033 3.21% $4,714.09 $4,714.09 $9,428.18
Morgan Hill 46,384 2.44% $3,582.63 $3,582.63 $7,165.25
Mountain View 86,535 4.55% $6,683.83 $6,683.83 $13,367.65 Palo Alto 67,973 3.57% $5,250.13 $5,250.13 $10,500.25
San Jose 969,491 50.94% $74,881.95 $74,881.95 $149,763.90 Santa Clara 132,048 6.94% $10,199.18 $10,199.18 $20,398.36 Unincorporated 90,467 4.75% $6,987.53 $6,987.53 $13,975.06

PROGRAM
TOTAL $116,892.77 $116,892.77 $233,785.54
SCC County
Population 1,903,198

▪ Workshop educator’s name will be shared with the jurisdiction one week prior to the workshop.
● Request workshop participants complete workshop evaluation and survey after each workshop.
● When possible, we will coordinate workshops with the San Jose Community Composting Network, a partnership between the North Santa Clara Resource Conservation District, Valley Verde, and the San Jose Conservation Corps + Charter School, with the goal of expanding community composting and food waste collection services and providing free compost to urban farmers in underserved communities.
2a: Community Engagement
● Participate in 15 community events across participating jurisdictions ▪ Community events may include:
▪ Plant and Pollinator Day (San Jose)
▪ Eco Fair (Santa Clara)
▪ Pomeroy Community Garden Day (Santa Clara)
▪ Master Gardener Spring Market Garden (San Jose)
▪ Earth Day Events (Cupertino)
▪ Santa Clara County Fair (San Jose)
▪ Martial Cottle Park Harvest Festival (San Jose)
▪ Health and Wellness Resource Fair (Morgan Hill)
● Host 6 Community Composting Workdays open to the public 3a: School Composting Education and Support
● Support at least 10 kindergartens through 12th grade (K-12) school events in participating jurisdictions, by request from schools and UCCE nutrition education programs ● Provide direct outreach to at least 1,500 students or other youth annually, by request from schools and UCCE nutrition education programs
● Support installation of compost systems in up to 5 K-12 schools annually, by request from schools and UCCE nutrition education programs
Task 2: Technical Support and Services
2a. Direct Assistance
● Provide direct technical support to residents and organizations on composting and organic materials management:
▪ Referrals
▪ Online requests at https://cesantaclara.ucanr.edu/Home_Composting_Education/ ▪ Rotline phone number 408 918 4640; callers are directed to online resources reducewaste.org and calls are answered. Information is provided on workshops, bin sales, trash sorting, and composting. Voicemail messages are answered within two business days.

Technical assistance may range from answering simple inquiries, to conducting feasibility studies and designing compost systems.
2b.Resource Distribution
● Facilitate sale of compost bins to workshop attendees and other qualifying customers

▪ Research and if available, provide options of 2 compost bins and 2 worm compost bins for distribution.
● Direct all attendees and education partners to the ReduceWaste hub (reducewaste.org) for countywide information on services, programs, and resources (including HHW, Green Business, TAC, and others)
Task 3: Program Development and Expansion
3a. Regulatory Compliance Outreach
● Provide outreach on SB 1383 requirements, organic waste recycling, food waste reduction, and curbside collection at each workshop specific for each jurisdiction. 3b. Demonstration Site Operation and Enhancement
● Further develop the Community Composting Demonstration Site at Martial Cottle Park for ▪ Compost production demonstrating composting different materials, and the application of traditional and innovative methods and tools
▪ Providing compost to community members or organizations, developing a distribution process
▪ Providing community workdays for residents to gain experience working with various types of composting systems
3c. Master Composter Volunteer Training
Continuing Education for Master Composters, including:
▪ Coordinating expert guest lecturers
▪ Coordinating with waste management experts regionally ▪ Training Master Composter Volunteers to provide value in classes, events, and their communities
▪ Master Composter Initial Training (FY 25-26 only)
Conduct an initial training course to develop new Master Composters every other year
Task 4. Reporting and Documentation
4a. Quarterly Reporting
● Submit quarterly reports and an annual report to TAC containing:
▪ Data on number of workshops and events (including a list of events attended and their locations by City)
▪ Number of people served by each city
▪ Number of online requests and call handled
▪ Website analytics
▪ Social media analytics
▪ Estimates of impact including changes in waste management practices of program participants
4b. Annual Reporting
• Summary of all measurements and assessments collected throughout the year • Compilation of data by city reported quarterly

• Any data collected from longitudinal surveys to assess waste diversion and compost activities
Sheila Barry, County Director, UCCE Santa Clara
(408) 438-8791
[email protected]

City Council
Meeting Minutes
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Soraida Iwanaga - Council Member
Yvonne Martínez Beltrán - Council Member
Miriam Vega - Council Member
Wednesday, August 20, 2025
5:00 p.m. Closed Session
6:00 p.m. Regular Session
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

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

SPECIAL MEETING
5:00 p.m. Closed Session

CALL TO ORDER
Mayor Turner called the City Council meeting to order at 5:00 p.m.

ROLL CALL ATTENDANCE
City Clerk Bigelow called the roll.

PRESENT Mark Turner, Marilyn Librers, Soraida Iwanaga, Yvonne Martinez Beltran, Miriam Vega
ABSENT None
Mayor Pro Tem Martinez Beltran arrived at 6:00 p.m.

August 20, 2025
2 DECLARATION OF POSTING AGENDA
City Clerk Bigelow declared the posting of the agenda.

CLOSED SESSION
City Attorney Larkin announced the closed session items.

CONFERENCE WITH LABOR NEGOTIATORS
Authority: Pursuant to Government Code Section 54957.6
City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Dat Nguyen, Finance Director; Chris Ghione, Assistant City Manager, Public Services
Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #23-051
PUBLIC EMPLOYMENT (§ 54957)
Title: City Attorney
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§ 54956.9) Perry v. City of Morgan Hill, et al. (Santa Clara County Case No. 25-CV-464704 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (§ 54956.9) Berns v. City of Morgan Hill, et al. (Santa Clara County Case No. 25-CV-472644

OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 5:01 p.m. There being no requests to speak, public comment closed.

ADJOURN TO CLOSED SESSION
The meeting adjourned to closed session at 5:01 p.m.

REGULAR MEETING
The regular meeting convened at 6:00 p.m.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

CITY COUNCIL REPORTS
Council Member Vega thanked her students and their parents, who came from Salinas, for attending the meeting that evening. She shared that over the summer, she met with various City staff members to learn more about the City, its departments, and how it operates. She shared that she volunteered by cooking for over eight hours to raise

August 20, 2025
3 funds for a retirement home in Mexico. She attended the grand opening of Grocery Outlet and National Night Out. On a personal level, she took her dog to a dog show and attempted to run a half-marathon.

August 20, 2025
4 CITY MANAGER'S REPORT
City Manager Turner provided the following report:

Join us on Thursday, August 21st at 6:30 PM for a night of fun at the CURA Contemporary, Morgan Hill’s new fine art gallery, for the Content Magazine’s Pickup Party and Awards Ceremony. Content Magazine is a Bay Area print publication focused on showcasing artists, creative entrepreneurs, and organizations that contribute to the unique life and style of Silicon Valley. The evening will include food and drinks, live performances, a Pop-Up Gallery Exhibition, and the Emerging Artists’ Awards Ceremony.

Economic Development - Women in Business Panel Discussion - Join us on Thursday, August 28, from 5:30 p.m. - 8:00 p.m. for the “Women In Business Floral-Side Chat” happening at Luxe Flower Bar in Downtown. Hear from seven inspiring women spanning a variety of industries and gain valuable insights. Whether you're an aspiring entrepreneur or a seasoned professional, this event is sure to provide you with motivation and knowledge to help you succeed. The whole community is encouraged to attend and engage in lively discussion, make new connections, and enjoy the beautiful ambiance of Luxe Flower Bar.

Windmill Estates Mobile Home Park Rent Hearing - Windmill Estates, located on San Pedro Avenue, has filed for a space rent increase. As required, the City will hold a mobile home rent hearing on this request on Thursday, August 28, 2025, at 7:00 p.m. here in Council Chamber, with both in-person and Zoom participation available. Any questions should be directed to the Housing & Economic Mobility Director, John Lang.

Registration Now Open for the Morgan Hill Community Police Academy - The Community Police Academy offers residents an inside look at local law enforcement.

This engaging program is designed to build community partnerships, increase safety awareness, and provide hands-on experience with Morgan Hill Police Department's (MHPD) policies, procedures, and training. Apply online now for the upcoming evening session, which runs weekly from September 3 to November 19. For more details and to apply, visit MHPD's website.

Fall 2025 Program Registration is Open - Fall is just around the corner, and so is the FUN! Dance classes, art, sports programs, and swim lessons—there's something for everyone! Check out the Recreation Activity Guide on the City’s website.

The City is conducting a formal ADA Self-Evaluation to identify and remove barriers to accessibility in our programs, services, activities, and facilities. This evaluation will inform an update of the City’s ADA Transition Plan. If you have ideas or comments on where access for those with disabilities can be improved, there is currently a community survey open and available on the City’s website. The survey is open until September 19th.

August 20, 2025
5 CITY ATTORNEY'S REPORT
City Attorney Larkin shared that the Council met in closed session earlier in the evening and there was no reportable action.

OTHER REPORTS
Mayor Pro Tem Martinez Beltran shared that she attended a Silicon Valley Clean Energy Meeting last week, where they approved 25 purchasing agreements and held a discussion on the budget. She also attended the Valley Transportation Authority Policy Advisory Committee meeting.

Council Member Iwanaga shared that she and her family took a trip to Japan, and while there, they visited our Sister City, Mizuho. The outgoing and incoming mayors of Mizuho sent a few things that are representative of their city as a gift. She shared that she attended National Night Out, and it was a lot of fun to see the community coming out and getting involved. She participated in the Community Health Fundraiser at the Granada Theater.

Council Member Librers attended the ribbon-cuttings for Grocery Outlet, Lawson's Bakery, and Hiram's Boutique. Last Saturday, she spent the day in Campbell at the Youth Climate Seminar. This morning, she attended the South County Youth Task Force Meeting.

Mayor Turner shared that he has been meeting with local farmers, along with the owners of the wine trolley, and is pleased to announce that the farm tours with the wine trolley will start on September 5. He thanked Heather Gallegos and Christina Perez, owners of the wine trolley, for bringing this to fruition. He announced that the South County Pickleball Invitational is getting underway. He attended a Cities Association meeting, where they talked about several pieces of legislation. He shared that he and the City Manager had a meeting with Senator Padilla's office, where they discussed housing, transportation, and a fourth lane on Highway 101. Lastly, he toured Komodo Fire Systems in Morgan Hill, where he was joined by a number of elected officials from throughout the state to learn more about their fire suppression efforts and technology.

PUBLIC COMMENT
Public comment opened at 6:20 p.m. The following people were called to speak:

Kathy Chavez Napoli
Yvonne Smith
Karen Fitch
Jennifer Blalack
Russell Blalack
Marji McMillan
Betty Davis
Maria Aguilar
Kaitlin
Mary Garrett

August 20, 2025
6 Joanne Martinez
Sean Allen
Art Martinez
Joe Baranowski
Carla Torres
John Samorie
Teresa Hernandez
Ron Kirkish
Claudia Blodgett
Harry Robertson
Camille Martinez
Matt Wendt
Susan Mister
There being no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda, moving pulled consent items to the end of the agenda.

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

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

MOTION:

Approving consent calendar items 1 through 3 and 6 through 8 and 11.

RESULT: Passed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: Council Member Vega

August 20, 2025
7 AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

1. ACCEPT THE CALIFORNIA HIGHWAY PATROL CANNABIS TAX GRANT IN THE AMOUNT OF $227,388.

Recommendation:

1. Adopt a Resolution Accepting the California Highway Patrol Cannabis Tax Grant in the amount of $227,388;

2. Authorize the City Manager to execute the California Highway Patrol Cannabis Tax Fund Grant Program agreement; and

3. Adopt a budget amendment resolution for FY 2025-26 to appropriate $227,388 and recognize the corresponding grant revenue.

2. ACCEPT ANNUAL EVALUATION REPORT FOR THE SANTA CLARA

COUNTY MULTI-JURISDICTIONAL PROGRAM FOR PUBLIC INFORMATION (PPI) FOR FY 2024-25 (YEAR 4) RELATING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S NATIONAL FLOOD INSURANCE PROGRAM’S

COMMUNITY RATING SYSTEM PROGRAM
Recommendation:

Accept the Annual Evaluation Report for FY 2024-25 (Year 4) for the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI).

3. ACCEPT MONTEREY ROAD UNDERPASS CONCRETE SPALL AND CRACK

REPAIR PROJECT
Recommendation:

1. Accept as complete, the Monterey Road Underpass Concrete Spall and Crack Repair Project in the final amount of $298,730;

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

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

6. APPROVE CONSULTANT AGREEMENT WITH ENGEO, INC. IN THE AMOUNT OF $750,000 FOR ON-CALL GENERAL COMPACTION TESTING

AND SPECIAL INSPECTION SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROGRAM PROJECTS

August 20, 2025
8 Recommendation:

Approve and authorize the City Manager to execute and administer an agreement to provide on-call general compaction testing and special inspection services for various Capital Improvement Program Projects with Engeo, Inc. in the amount of $750,000 for a three year term.

7. APPROVE THE FY 2025-26 WORK PLANS FOR THE LIBRARY, CULTURE

AND ARTS COMMISSION AND THE PARKS AND RECREATION

COMMISSION
Recommendation:

Review and approve the FY 2025-26 Work Plans for the Library, Culture and Arts Commission and the Parks and Recreation Commission.

8. APPROVE SECOND AMENDMENT TO THE MAINTENANCE SERVICE
AGREEMENT WITH ENVIRONMENTAL SYSTEMS, INC. TO INCREASE THE NOT TO EXCEED AMOUNT BY $2,500,000 FOR A TOTAL AGREEMENT AMOUNT OF $3,762,944 FOR THE REPAIR AND REPLACEMENT OF

SIGNIFICANT CITY HEATING VENTILATION AND COOLING COMPONENTS

WITHIN THE CITY'S BUILDINGS
Recommendation:

1. Approve the Second Amendment to the Maintenance Service Agreement with Environmental Systems, Inc. for $2,500,000, for a total agreement amount of $3,762,944;

2. Authorize the City Manager to execute and administer the Second Amendment to the Maintenance Service Agreement with Environmental Systems, Inc.;

3. Authorize the City Manager to extend the term of the Agreement with Environmental Systems, Inc. for up to an additional one-year term; and

4. Adopt a resolution appropriating $1.4 million in Building Replacement Fund (741).

11. RATIFY CITY POSITIONS ON PENDING LEGISLATION
Recommendation:

1. Ratify the City’s position opposing pending legislation Senate Bill 445 (Wiener) Transportation Projects: Permitting; and

2. Ratify the City's position supporting pending legislation Senate Bill 346 (Durazo) Local agencies: transient occupancy taxes: and short-term rental facilitator.

August 20, 2025
9 PUBLIC HEARINGS

12. CONDUCT TAX AND EQUITY FISCAL RESPONSIBILITY ACT (TEFRA)

HEARING APPROVING ISSUANCE OF REVENUE BONDS FOR MAGNOLIAS APARTMENT PROJECT LOCATED AT 17965 MONTEREY ROAD WITHIN

THE CITY OF MORGAN HILL
Recommendation:

1. Open and close public hearing consistent with the requirements of the Federal Tax and Equity Fiscal Responsibility Act ("TEFRA") and Section 147 (f) of the Internal Revenue Code of 1986, as amended (the “Code”); and

2. Adopt the resolution approving the issuance and re-issuance of bonds by the California Municipal Finance Authority (CMFA), for the acquisition, construction, improvement and equipping of a 66-unit multifamily housing project located on a 1.53-acre parcel situated at 17965 Monterey Road, in the City of Morgan Hill, California (the “City”).

Housing and Economic Mobility Director Lang provided a report.

MOTION:

Hearing the pulled consent calendar items following item 12. Motion failed for lack of a second.

RESULT: Failed
MOVER: Mayor Pro Tem Martinez Beltran
SECONDER: None
AYES: None
NAYS: None
ABSTAIN: None
ABSENT: None
The public hearing opened, with no requests to speak, it closed.

MOTION:

Approving the recommended actions.

RESULT: Passed
MOVER: Council Member Librers
SECONDER: Mayor Pro Tem Martinez Beltran

August 20, 2025
10 AYES: Mayor Turner, Mayor Pro Tem Martinez Beltran, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None

OTHER BUSINESS

13. REMOVE AND REPLACE CURRENT MAYOR PRO TEMPORE
Recommendation:

1. City Council consideration of the Mayor's recommendation to remove Yvonne Martínez Beltrán from her appointed position of Mayor Pro Tempore, pursuant to Council Policy CP-99-01; and

2. Should the motion to remove be approved by a majority vote, the Council shall open the floor to nomination(s) for a new Mayor Pro Tempore; and

3. Select a new Council Member to serve as Mayor Pro Tempore through December 3, 2025.

Mayor Turner provided a report.

Public comment opened at 7:09 p.m. The following people were called to speak:

Sally Casas
Karen Agacki
Donald Price
Gino Borgioli
Kathy Chavez Napoli
Joanne Fierro
Brian Sullivan
Sousan Manteglie
Diana Lockwood
Chris Robell
Laura Nuno
Sean Allen
Carla Torres
Marby Lee
Marji McMillan
Eric Wallace
Armando Benavides
George Panos
Joe Baranowski
Yvonne Smith
Ron Kirkish
Noshaba (Zoom)
Jennifer Higgins (Zoom)

August 20, 2025
11 Raeena Lari (Zoom)
There being no further requests to speak, public comment closed.

MOTION:

Removing Yvonne Martinez Beltran as Mayor Pro Tempore.

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

Appointing Marilyn Librers as Mayor Pro Tempore through 2026.

RESULT: Passed
MOVER: Council Member Vega
SECONDER: Council Member Iwanaga
AYES: Mayor Turner, Council Member Iwanaga, Council Member Librers, Council Member Vega
NAYS: Mayor Pro Tem Martinez Beltran
ABSTAIN: None
ABSENT: None
The meeting recessed at 8:09 p.m. and reconvened at 8:20 p.m.

14. RECEIVE MONTHLY BUDGET UPDATE; PRELIMINARY FY 2024-25 FINANCIAL AND INVESTMENT REPORTS; CITY MANAGER AUTHORITY REPORT; AND ADOPT RESOLUTION AMENDING FY 2024-25 BUDGET Recommendation:

1. Accept and file report; and

2. Adopt resolution amending FY 2024-25 Budget.

Finance Director Nguyen provided a presentation and report.

Public comment opened at 8:29 p.m. There being no requests to speak, public comment closed.

August 20, 2025
12 MOTION:

Approving the recommended actions.

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

15. HOLD MID-YEAR GOAL CHECK-IN
Recommendation:

Receive and review departmental updates, strategic priority workplan status updates, and Sustainable Morgan Hill priorities; and provide any desired changes to the workplan and Sustainable Morgan Hill priorities.

City Manager Turner provided a presentation and report.

Public comment opened at 8:40 p.m. The following people were called to speak:

Doug Muirhead
Joe Baranowski
Kathy Chavez Napoli
There being no further requests to speak, public comment closed.

The City Council provided direction to the City Manager, including holding the Mid-Year Goal Check-In on August 27, 2025.

ITEMS PULLED FOR DISCUSSION

4. ACCEPT GRANT FUNDING IN THE AMOUNT OF $416,500 FROM THE

INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION (ICMA) TO

SUPPORT STAFFING AND PROGRAM EFFORTS RELATED TO ECONOMIC

MOBILITY
Recommendation:

1. Authorize the City Manager to execute an Agreement with the International City/County Management Association (ICMA) accepting grant funds in the amount of $416,500; and

2. Adopt a resolution to amend the City's Fiscal Year (FY) 2025-2026 Adopted Budget, to appropriate $416,500 to the Housing Division to hire

August 20, 2025
13 an Administrative Analyst and provide program funds for the implementation of the City's Economic Mobility initiatives.

Housing and Economic Mobility Director Lang and City Manager Turner answered questions.

Public comment opened at 9:13 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended actions.

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

5. AMEND AFFORDABLE HOUSING AGREEMENT FOR BROOKFIELDROSEWOOD Recommendation:

Approve a Second Amendment to the Affordable Housing Agreement between the City of Morgan Hill and BFH CM Residential LLC authorizing a Housing in Lieu payment of $2,114,510 for the remaining eight Below Market Rate units in the project.

Housing and Economic Development Director Lang and Assistant City Manager Ramirez answered questions.

The Council extended the meeting to 10:15 p.m.

Public comment opened at 9:44 pm. The following people were called to speak:

Joe Baranowski
Armando Benavides
Joe Guerra (Applicant)
There being no further requests to speak, public comment closed.

MOTION:

Directing staff to work with the developer to explore other possible options.

August 20, 2025
14 RESULT: Passed
MOVER: Mayor Pro Tem Librers
SECONDER: Mayor Turner
AYES: Mayor Turner, Mayor Pro Tem Librers, Council Member Iwanaga, Council Member Martinez Beltran, Council Member Vega
NAYS: None
ABSTAIN: None
ABSENT: None
Items 9 and 10 were continued to the August 27, 2025 meeting.

9. APPROVE THE JUNE 18, 2025, JUNE 25, 2025, JULY 7, 2025, and JULY 22, 2025 CITY COUNCIL MEETING MINUTES.

Recommendation:

Approve the June 18, 2025, June 25, 2025, July 7, 2025, and July 22, 2025 City Council meeting minutes.

10. AUTHORIZE AMENDMENT TO JOINT USE AGREEMENT AND ACCEPT

DONATIONS TO ALLOW FOR THE INSTALLATION OF TREES ALONG THE

WEST LITTLE LLAGAS CREEK TRAIL SOUTH OF WATSONVILLE ROAD Recommendation:

1. Authorize the City Manager to execute an amendment to the West Little Llagas Creek Trail Joint Use Agreement with Valley Water to allow for the planting of trees along the trail;

2. Accept a donation of trees from Google valued at $10,000; and

3. Accept a donation from the Rotary Club of Morgan Hill of $25,000 to be used towards irrigation for the new trees.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Mayor Turner requested conversations about pop-up vendors and food carts, bikes, ebikes, and scooters, and Wi-Fi challenges, Frontier, and other providers.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 10:12 p.m.

Minutes Prepared by:

Michelle Bigelow, City Clerk

City Council
Meeting Minutes
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Soraida Iwanaga - Council Member
Yvonne Martínez Beltrán - Council Member
Miriam Vega - Council Member
Wednesday, August 27, 2025
6:00 p.m.

Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

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

ROLL CALL ATTENDANCE
City Clerk Bigelow called the roll.

PRESENT Mark Turner, Marilyn Librers, Soraida Iwanaga, Yvonne Martinez Beltran, Miriam Vega
ABSENT None

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

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT
Public comment opened at 6:04 p.m.

Joe Baranowski was called to speak.

August 27, 2025
2 With no further requests to speak, public comment closed.

OTHER BUSINESS

1. APPROVE THE JUNE 18, 2025, JUNE 25, 2025, JULY 7, 2025, and JULY 22, 2025 CITY COUNCIL MEETING MINUTES.

Recommendation:

Approve the June 18, 2025, June 25, 2025, July 7, 2025, and July 22, 2025 City Council meeting minutes.

City Manager Turner provided a report.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Iwanaga
SECONDER: Mayor Pro Tem Librers
AYES: Mayor Turner, Mayor Pro Tem Librers, Council Member Iwanaga, Council Member Vega
NAYS: Council Member Martinez Beltran
ABSTAIN: None
ABSENT: None
Public comment opened at 6:25 p.m. The following people were called to speak.

Joe Baranowski
Yvonne Smith
With no further requests to speak, public comment closed.

2. AUTHORIZE AMENDMENT TO JOINT USE AGREEMENT AND ACCEPT

DONATIONS TO ALLOW FOR THE INSTALLATION OF TREES ALONG THE

WEST LITTLE LLAGAS CREEK TRAIL SOUTH OF WATSONVILLE ROAD Recommendation:

1. Authorize the City Manager to execute an amendment to the West Little Llagas Creek Trail Joint Use Agreement with Valley Water to allow for the planting of trees along the trail;

2. Accept a donation of trees from Google valued at $10,000; and

3. Accept a donation from the Rotary Club of Morgan Hill of $25,000 to be used towards irrigation for the new trees.

City Manager Turner provided a report.

August 27, 2025
3 Public comment opened at 6:29 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended actions.

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

WORKSHOP

3. CITY COUNCIL MID-YEAR GOAL CHECK-IN
Recommendation:

Receive and review departmental updates, strategic priority workplan status updates, and Sustainable Morgan Hill priorities; and provide any desired changes to the workplan and Sustainable Morgan Hill priorities.

City Manager Turner presented a report and accompanying presentation.

The Mayor and Council asked questions and provided direction.

Public comment opened at 6:48 p.m. With no requests to speak, public comment closed.

No action taken.

Future Business Items
Council Member Martinez Beltran requested a RHNA Dashboard for the City's webpage, information on the business license fee, an update on the Outdoor Sports Center, and an update on the hotel in downtown.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 7:19 p.m.

Minutes Prepared by:

Michelle Bigelow, City Clerk

5 CITY COUNCIL STAFF REPORT
MEETING DATE: September 3, 2025
PREPARED BY:

David Gittleson, Associate Engineer
APPROVED BY: City Manager
AWARD EAGLE VIEW WELL #1 DEVELOPMENT PROJECT
CONTRACT TO ZIM INDUSTRIES, INC. IN THE AMOUNT OF $797,364

RECOMMENDATION(S)

1. Approve the Eagle View Well #1 Development Project plans and specifications;

2. Award contract to Zim Industries, Inc. for the Eagle View Well #1 Development Project in the amount of $797,364; and

3. Authorize expenditures of construction contingency not to exceed $79,736.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Healthy Community
Guiding Documents
Water System Master Plan
REPORT NARRATIVE:

The need for new water wells was identified in the City's 2021 Water Master Plan in order to meet the future water needs of the community, enhance reliability, and provide redundancy. In addition, the Adopted Fiscal Year 2024-25 through 2029-30 Capital Improvement Program includes the construction of four new groundwater wells by the year 2030 under the Capital Improvement Project number WA6001.

On August 28, 2024, City Council approved a professional services agreement with HydroScience Engineers for $429,590 to design the new Eagle View Well #1. The project will be constructed in two phases. Phase 1 includes the drilling of the municipal well, water quality testing and the pumping/volume capacity analysis. This information is critical to sizing the well's pump/motor and piping system for Phase 2. Thus, Phase 2 construction would include the enclosure, electrical, piping, landscaping and all site

5 work for a fully functioning municipal well.

The Plans and Specifications for Phase 1 were completed by HydroScience Engineers in June 2025 and the project was advertised for bidding in July 2025. The bid opening was held on August 13, 2025 and three (3) bids were received and are as listed below:

1. Nor-Cal Pump & Well Drilling, Inc. $795,970* (non-responsive)

2. Zim Industries, Inc. $797,364

3. Pacific Infrastructure $878,670
At the bid opening, Nor-Cal Pump & Drilling was deemed the apparent low bidder.

However, after further review of their bid proposal, Nor-Cal Pump & Drilling does not possess the required Class A-General Engineering Contractor License to bid as the prime contractor. Therefore, the proposal is considered non-responsive. The next lowest bidder was Zim Industries, Inc. at $797,364. The second low bidder's bid amount of $797,364 is approximately 5% lower than the engineer's estimate of $839,000. Zim Industries, Inc., has been in business for 46 years as a contractor and constructed the City's Diana Park Replacement Well back in 2008.

Staff recommends the award of the contract to Zim Industries, Inc. in the amount of $797,364. Due to possible unforeseen conditions, staff is requesting a ten (10) percent construction contingency for the project of $79,736. Due to the complexity of the project and the specialized work involved in drilling a municipal well, HydroScience Engineers will provide construction support, which is currently built into their existing contract.

This project is anticipated to start in late September 2025 and be completed within 6 months. The plans and specifications are available on the City's web page under the Government tab and on the Community Projects site:
https://www.morganhill.ca.gov/1436/Project-Plans-Specifications-and-Bid-Res COMMUNITY ENGAGEMENT:

Inform
Staff will inform the two residents adjacent to the Eagle View Well site prior to drilling the municipal well. The project includes a temporary curtain wall surrounding the well site to reduce noise and dust. Staff will engage with the residents and the neighborhood during the construction process. Staff will also provide weekly project updates through Nextdoor and "The Scoop".

ALTERNATIVE ACTIONS:

The approval of this construction contract will facilitate the City's goal to construct four new wells by 2030. No alternative actions are presented at this time.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

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

On September 6, 2023, the City Council approved an agreement with Luhdorff &

5 Scalmanini to drill two test wells for an amount not to exceed $347,100.

On June 19, 2024, the City Council approved the Fiscal Year 2024-25 through 2029-30 Capital Improvement Program Budget, which includes the construction of four new wells by 2030.

On August 28, 2024, City Council approved a Professional Services Agreement with HydroScience Engineers to design the Eagle View Well #1 for a cost not to exceed $429,590.

FISCAL AND RESOURCE IMPACT:

If approved, the total construction authorization for this project shall be $877,100, which includes a 10% contingency of $79,736. There is sufficient funding for this action in the current Fiscal Year 2024-25 through 2029-30 Capital Improvement Budget, in project #WA6001 – Water Wells, from Water Impact Fund (651) and Water Capital Project Fund (653).

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15303(d) of the CEQA Guidelines (New construction or conversion of small structures), as the subject work involves the construction of a small municipal water facility and related equipment to connect to the City’s water distribution system.

G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
EAGLE VIEW WELL #1

PROJECT LOCATION O
310 0 310 620 930 155
Feet
Well
Location
Mission View Dr
Rising Sun Dr
White Moon Dr
Eagle
View
Dr
Morning Star Dr

6 CITY COUNCIL STAFF REPORT
MEETING DATE: September 3, 2025
PREPARED BY:

Tiffany Brown, Senior Planner
APPROVED BY: City Manager
ZA2024-0001/EA2024-0009: DEWITT-WEST HILLS CHURCH:

REQUEST FOR A PLANNED DEVELOPMENT WITH MASTER PLAN OF
A 5.75-ACRE PARCEL FOR THE REMODEL AND EXPANSION OF AN
EXISTING RELIGIOUS FACILITY. THE PLAN INCLUDES DEMOLITION

OF THE TEMPORARY CLASSROOM FACILITIES AND THE

CONSTRUCTION OF PERMANENT CLASSROOM FACILITIES, AND

THE REMODEL AND EXPANSION OF THE EXISTING SANCTUARY

WITH ASSOCIATED SITE IMPROVEMENTS

RECOMMENDATION(S)

1. Open/Close the public hearing;

2. Adopt a Resolution approving a Negative Declaration for the West Hills Community Church Planned Development with Master Plan;

3. Waive the first and second reading of the ordinance for a Zoning Amendment to create a Planned Development with a Master Plan; and

4. Introduce the ordinance.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The General Plan Health and Community Element, Policy HC-3.4 states to "continue to develop and expand the recreational facilities identified within updates to the Bikeways, Trails, Parks, and Recreation Master Plan". This Planned Development with Master Plan allows for deviations from Zoning Standards if the project, as proposed, allows for

6 superior development that would not otherwise be permitted and the project provides a Substantial Public Benefit that goes above and beyond what is required by the Municipal Code.

The Master Plan identifies a public access trail connection off West Dunne Avenue to the existing Peak Trail through the church site. As part of the substantial public benefit, further described below, West Hills Community Church is proposing to grant a public access easement to the Open Space Authority and City of Morgan Hill to allow for the construction of a new public trail on the church property. This connection would significantly advance the goals of the General Plan and Bikeways, Trails, Parks, and Recreation Master Plan in achieving a new trail connection for the community.

PROJECT HISTORY
West Hills Community Church has been in operation at this location for more than 70 years. A conditional use permit was approved in 1989 that allows for a place of worship with ancillary uses such as Sunday school, counseling, support groups, youth camps, and other related community activities. Subsequent temporary use permits have been issued for modular Sunday school and multipurpose classrooms as described in the West Hills Development Plan attachment.

West Hill Church filed a Conditional Use Permit amendment in early 2017 for an expansion of the church. On June 6, 2018, the City Council adopted a comprehensive Zoning Code update (Ord. No. 2277, n.s.) that removed community assembly uses as a conditionally permitted use within the Open Space (OS) zoning district. The place of worship had been legally established prior to this change; therefore, the code change rendered the use "legal non-conforming". Because the Conditional Use Permit application was not deemed complete prior to the effective date of the Ordinance for the zone change, the application could not be supported, and the applicant withdrew the application.

The applicant subsequently filed for a Preliminary Plan Review for a Planned Development with Master Plan application for the site and received feedback from the Planning Commission on May 25, 2021. The applicant responded to the Planning Commission feedback with their final Planned Development with Master Plan submittal.

This item was heard at the August 12, 2025 Planning Commission hearing where it received a unanimous recommendation for the approval of both the CEQA document (Negative Declaration) and the Planned Development with Master Plan.

PROJECT
The proposed project includes a zoning amendment for a Planned Development with Master Plan to allow for the continued use of a place of worship with ancillary uses such as Sunday school, counseling, support groups, youth camps, and other related community activities consistent with their approved conditional use permit. It will also allow for the remodel and expansion of the existing worship center to add 2,145 square feet (6,648 square feet total), with the removal of 3 temporary modular structures and exterior bathroom facility to be replaced with a new permanent two-story Community Life Center building totaling 12,000 square feet that is designed to complement the

6 remodeled Worship Center. Deviations to the zoning standards are summarized in the table below.

Open Space Zoning
Standard
Existing
Facility
Proposed Master Plan
Building Coverage 5% 5.2% 7.8%
Impervious Surface
Coverage
10% 19% 13.5%
Height Maximum 2-stories or 25-feet up to 25-feet 34-feet (Community Life Center
Only)
The Master Plan required review and agreement of a new access easement with the Open Space Authority. That agreement is attached. If this project is approved, the Church will dedicate an easement through their property for a future public trail. That easement dedication has been agreed upon and is also attached as part of this report.

CONCLUSION
The project, as proposed, will not be detrimental to the public health, safety, or general welfare. It provides a substantial public benefit in addition to enhancing the current facilities and meets the required findings for a planned development application as summarized in the Attached Ordinance.

COMMUNITY ENGAGEMENT:

A project webpage was created on the Morgan Hill website after receipt of the preliminary application. The preliminary application and the Planned Development with associated environmental review was publicly noticed (mailed to property owners within 300 feet of the project site and a newspaper legal notice) for a minimum 10-day period, and public notice site signage was posted at the property location pursuant to the Planning Division requirement. Staff received several public comments that can be accessed by clicking on Public Comments.

ALTERNATIVE ACTIONS:

Council can deny the Planned Development with Master Plan, which would require the church to continue operating out of temporary modular buildings. No public access for a future public trail would be granted.

Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) Federal law known as RLUIPA (Religious Land Use and Institutionalized Persons Act of 2000 (42 USC section 2000cc)) prohibits the City from imposing a land use regulation in a manner that imposes a substantial burden on religious exercise, unless the City demonstrates that the regulation is in furtherance of a compelling government interest as in the least restrictive means of furthering that compelling governmental interest.

RLUIPA is not an exemption from zoning laws. Generally, religious institutions must

6 apply for the same permits, follow the same requirements, and go through the same land use processes as other land use applicants.

Religious exercise is not limited to places of worship; schools, office space, and meeting places for the parish Council and other gatherings related to church services are generally found to be a reasonable extension of a church's religious use of its property.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• Planning Commission approved a conditional use permit in 1989 for the church facility and subsequent approvals for the temporary modular classrooms and restroom buildings.
• Planning Commission reviewed and provided feedback on the Preliminary Application for a Planned Development with Master Plan at their regularly scheduled meeting on May 25, 2021.
• Planning Commission continued the Negative Declaration and Planned Development with Master Plan from July 8, 2025 to August 12, 2025 to allow the applicant more time to prepare for the hearing.
• Planning Commission reviewed the Negative Declaration and Planned Development with Master Plan and approved both unanimously at their regular scheduled meeting on August 12, 2025.

FISCAL AND RESOURCE IMPACT:

None. City development review functions are cost-recovery, with fees collected from applicants to cover the cost of services. These fees have been collected.

CEQA (California Environmental Quality Act):

Project
The City of Morgan Hill, as Lead Agency, prepared an Initial Study and a Negative Declaration for the DeWitt-West Hills Community Church project in compliance with the California Environmental Quality Act, which concluded that the project would not have a substantial impact on the environment.

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL RECOMMENDING APPROVAL OF

THE NEGATIVE DECLARATION PREPARED IN

ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR THE DEWITT –

WEST HILLS COMMUNITY CHURCH PROJECT
(EA2024-0009)
WHEREAS, prior to the recommended adoption of this Resolution, the City of Morgan Hill prepared an Initial Study and a Negative Declaration for the DeWitt – West Hills Community Church project (ZA2024-0001/EA2024-0009) in accordance with the requirements of the California Environmental Quality Act of 1970, as amended (“CEQA”), and state and local guidelines implementing CEQA; and
WHEREAS, the DeWitt – West Hills Community Church Project analyzed under the Initial Study/Negative Declaration consists of the request for a Planned Development Combining District with Master Plan to remodel and expand the existing church facility with associated on site and of site improvements on the 5.75-acre site located on at (APN:779-02-023), and
WHEREAS, the City of Morgan Hill is the lead agency on the Project, the City Council as the decision-making body for the proposed Project; and WHEREAS, the City Council has reviewed, considered, and recommended approval of the Initial Study/Negative Declaration for the Project at their September 3, 2025 meeting; and
WHEREAS, the Initial Study/Negative Declaration for the project is, by this reference, incorporated into this Resolution as if fully set forth herein and attached as Exhibit A; and
WHEREAS, the Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 89.5 of the California Department of Fish and Game Code.

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

SECTION 1: THE CITY COUNCIL does hereby make the following findings:

City of Morgan Hill
Resolution No. ____

(1) It has independently reviewed and analyzed the Initial Study/Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon the Project;
(2) The Initial Study/Negative Declaration prepared for the Project has been completed in compliance with CEQA and consistent with state and local guidelines implementing CEQA; and
(3) The Initial Study/Negative Declaration represents the independent judgment and analysis of the City as lead agency for the Project. The Development Services Director of the Development Services Department at 17575 Peak Avenue, Morgan Hill, California 95037, is the custodian of documents and records of proceedings on which this decision is based.
(4) On the basis of the whole record before it (including the initial study and any comments received), there is no substantial evidence that the project will have a significant effect on the environment.

SECTION 2: THAT THE CITY COUNCIL does hereby approves the Negative Declaration prepared for the Project. The Initial Study/Negative Declaration are: (1) on file in the Development Services Department, Planning Division, located at 17575 Peak Avenue, Morgan Hill CA 95037 and (2) available for inspection by any interested person.

PASSED AND ADOPTED by City Council of the City of Morgan Hill at its meeting held on this 3rd day of September 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
____________________________ ____________________________ MARK TURNER, MAYOR MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Development Services Department
West Hills Community Church Project
Initial Study/Negative Declaration
April 2025
Prepared by
1501 Sports Drive, Suite A,  Sacramento  CA  95834
Office 916.372.6100  Fax 916.419.6108

CITY OF MORGAN HILL
RANEY
PLANNlNG & MANAGEMENT, lNC.

West Hills Community Church Project
Initial Study/Negative Declaration
i
April 2025

TABLE OF CONTENTS
A. PROJECT SUMMARY....................................................................................................1 B. SOURCES ......................................................................................................................2 C. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED..........................................3 D. DETERMINATION...........................................................................................................4 E. INTRODUCTION.............................................................................................................5 F. PROJECT DESCRIPTION ..............................................................................................5 G. ENVIRONMENTAL CHECKLIST..................................................................................15 I. AESTHETICS......................................................................................................16 II. AGRICULTURE AND FORESTRY RESOURCES...............................................17 III. AIR QUALITY......................................................................................................18 IV. BIOLOGICAL RESOURCES. ..............................................................................26 V. CULTURAL RESOURCES..................................................................................31 VI. ENERGY.............................................................................................................34 VII. GEOLOGY AND SOILS. .....................................................................................36 VIII. GREENHOUSE GAS EMISSIONS......................................................................41 IX. HAZARDS AND HAZARDOUS MATERIALS. .....................................................44 X. HYDROLOGY AND WATER QUALITY. ..............................................................46 XI. LAND USE AND PLANNING...............................................................................50 XII. MINERAL RESOURCES.....................................................................................51 XIII. NOISE.................................................................................................................52 XIV. POPULATION AND HOUSING. ..........................................................................57 XV. PUBLIC SERVICES. ...........................................................................................58 XVI. RECREATION.....................................................................................................59 XVII. TRANSPORTATION. ..........................................................................................60 XVIII. TRIBAL CULTURAL RESOURCES.....................................................................63 XIX. UTILITIES AND SERVICE SYSTEMS.................................................................64 XX. WILDFIRE...........................................................................................................66 XXI. MANDATORY FINDINGS OF SIGNIFICANCE...................................................67

FIGURES
Figure 1 Regional Vicinity Location ............................................................................................ 6 Figure 2 Project Site Boundaries................................................................................................ 7 Figure 3 Demolition Site Plan..................................................................................................... 8 Figure 4 Conceptual Site Plan...................................................................................................10 Figure 5 Community Life Center Floor Plan ..............................................................................11 Figure 6 Conceptual Utility Plan ................................................................................................12 Figure 7 Conceptual Stormwater Management Plan .................................................................13 Figure 8 Previously Identified Ordinance Trees.........................................................................29 Figure 9 Landslide Deposit Areas .............................................................................................39 TABLES
Table 1 BAAQMD Thresholds of Significance ...........................................................................19 Table 2 Maximum Construction Emissions (lbs/day) .................................................................21 Table 3 Construction Equipment Noise .....................................................................................53

West Hills Community Church Project
Initial Study/Negative Declaration
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April 2025
Table 4 Effects of Vibration on People and Buildings ................................................................55 Table 5 Vibration Levels for Various Construction Equipment...................................................55

APPENDICES
Appendix A: Air Quality and Greenhouse Gas Modeling Results Appendix B: Biological Evaluation Addendum
Appendix C: Preliminary Hydrology Report

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
A. PROJECT SUMMARY

1. Project Title: West Hills Community Church Project

2. Lead Agency Name and Address: City of Morgan Hill
Development Services Department
Morgan Hill, CA
17575 Peak Avenue
Morgan Hill, CA 95037

3. Contact Person and Phone Number: Tiffany Brown
Senior Planner
(408) 310-4655

4. Project Location: 16695 DeWitt Avenue
Morgan Hill, CA 95037
Assessor’s Parcel Number (APN) 773-09-011

5. Project Sponsor’s Name and Address: Yvonne Sheets
Twelve 22 Ventures
Representing David Frederick,
West Hills Community Church
16695 DeWitt Ave.

Morgan Hill, CA 95037

6. Existing General Plan Designation: Open Space (OS)

7. Existing Zoning Designation: Open Space (OS)

8. Proposed Zoning Designation: Planned Development (PD)

9. Required Approvals from Other Public Agencies: N/A

10. Surrounding Land Uses and Setting:

The approximately 5.75-acre project site is identified by APN 773-09-011 and is located at 16695 DeWitt Avenue in the City of Morgan Hill, California. The site is currently developed with various buildings, including an approximately 4,440-square foot (sf) single-story worship center, three temporary classroom buildings totaling 8,491 sf, and a temporary restroom building, as well as a paved parking lot with 98 parking stalls. Site access is currently provided by a driveway extending from the site southeast to connect to DeWitt Avenue. A concrete pedestrian walkway extends from the project site to the southeast and provides access to a secondary, off-site parking lot (71 stalls). The project site is landscaped with trees and an existing stormwater retention pond is located in the southeast corner of the site. The Morgan Hill 2035 General Plan designates the site as OS and the site is zoned OS.

INITIAL STUDY/NEGATIVE DECLARATION
APRIL 2025

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
The site is surrounded by undeveloped hillside open space to the north, south and west.

The secondary parking lot located east of the project site includes vacant land further east.

Surrounding existing uses include the West Hills Community Church and existing singlefamily residences along DeWitt Avenue to the east, beyond the vacant land.

11. Project Description Summary:

The West Hills Community Church Project (proposed project) would include demolition of the three existing on-site temporary classroom buildings and the portable restroom building, the remodeling of the existing worship center building to add 2,208 sf of building space, and the development of a Community Life Center (CLC) building. The CLC building would include a fellowship hall, classrooms, a toddler room, a disability room, and storage rooms, as well as lobbies and a kitchen. As a result of the proposed project, the overall on-site building square footage would increase by a total of 6,349 sf, from 12,931 sf to approximately 19,280 sf. Primary site access would continue to be provided by the paved road extending to DeWitt Avenue. The proposed project would not modify the existing roadway, but would reconfigure the existing parking lot near the buildings to include a total of 67 stalls. Of the total of 138 parking stalls, three would be compliant with the Americans with Disabilities Act (ADA). The areas surrounding the existing and proposed buildings would also be repaved. Other project improvements would include landscaping, two bioretention basins, and the dedication of an easement for a public trail located north of the existing driveway. The project would require City approval of a Design Permit and a Rezone from OS to PD.

B. SOURCES
The following documents are referenced information sources used within this analysis:

1. Association of Bay Area Governments. Dam Inundation Map Viewer. Available at:
https://fmds.water.ca.gov/webgis/?appid=dam_prototype_v2. Accessed June 2024.

2. Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017.

3. Bay Area Air Quality Management District. CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans. April 2022.

4. BKF Engineers. Preliminary Hydrology Report. March 2024.

5. California Air Resources Board. 2022 Scoping Plan for Achieving Carbon Neutrality.

November 16, 2022.

6. California Department of Conservation. Earthquake Zones of Required Investigation.

Available at: https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed March 2025.

7. California Department of Forestry and Fire Protection. Fire Hazard Severity Zones.

Available at: https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-andmitigation/fire-hazard-severity-zones. Accessed March 2025.

8. California Department of Resources Recycling and Recovery (CalRecycle). Facility/Site Summary Details: Monterey Peninsula Landfill (27-AA-0010). Available at:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2642?siteID=1976.

Accessed March 2025.

9. California Department of Toxic Substances Control. Hazardous Waste and Substances Site List. Available at: https://dtsc.ca.gov/dtscs-cortese-list. Accessed March 2025.

10. California Environmental Protection Agency. GeoTracker. Available at:
https://geotracker.waterboards.ca.gov/search. Accessed December 2024.

West Hills Community Church Project
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April 2025

11. City of Morgan Hill. 2035 General Plan, City of Morgan Hill. Adopted July 2016.

12. City of Morgan Hill. City of Morgan Hill Wildland Urban Interface Map. March 2009.

13. City of Morgan Hill. Emergency Operations Plan. January 11, 2018.

14. City of Morgan Hill. Morgan Hill 2035 Final Environmental Impact Report. Certified July 2016.

15. Department of Toxic Substances Control. EnviroStor. Available at:
https://www.envirostor.dtsc.ca.gov/public/search.asp. Accessed December 2024.

16. Federal Emergency Management Agency. National Flood Hazard Layer FIRMette.

Available at: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b 5529aa9cd. Accessed March 2025.

17. Governor’s Office of Planning and Research. Technical Advisory on Evaluation Transportation Impacts in CEQA. December 2018.

18. Live Oak Associates, Inc. Biological Evaluation Addendum for the West Hills Church Project Site in Morgan Hill. (PN 1624-03). May 7, 2021.

19. Santa Clara County. Comprehensive Land Use Plan, Santa Clara County, South County Airport. Amended November 16, 2016.

20. Santa Clara Valley Habitat Agency. Santa Clara Valley Habitat Agency Geobrowser.

Available at: https://www.scv-habitatagency.org/228/Key-Maps. Accessed March 2025.

21. Santa Clara Valley Transportation Authority. 2021 Congestion Management Program Document. December 2021.

22. State Water Resources Control Board. Active CDO and CAO. Available at:
https://calepa.ca.gov/sitecleanup/corteselist/. Accessed December 2024.

23. U.S. Department of Agriculture, Natural Resources Conservation Service. Web Soil Survey. Available at: https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.

Accessed March 2025.

C. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
On the basis of the following evaluation, all project impacts have been determined to be less than significant, or can be mitigated to a less-than-significant level given required compliance with General Plan policies or mitigation measures included in the General Plan EIR.  Aesthetics  Agriculture and Forest
Resources
 Air Quality
 Biological Resources  Cultural Resources  Energy
 Geology and Soils  Greenhouse Gas Emissions  Hazards and Hazardous Materials  Hydrology and Water
Quality
 Land Use and Planning  Mineral Resources
 Noise  Population and Housing  Public Services
 Recreation  Transportation  Tribal Cultural Resources  Utilities and Service
Systems
 Wildfire  Mandatory Findings of
Significance

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
D. DETERMINATION
On the basis of this initial study:
 I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
 I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared.
 I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
 I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
5/1/2025
Signature Date
Tiffany Brown, Senior Planner City of Morgan Hill__________________ Printed Name For

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
E. INTRODUCTION
This Initial Study/Negative Declaration (IS/ND) identifies and analyzes the potential environmental impacts of the proposed project. The information and analysis presented in this document is organized in accordance with the California Environmental Quality Act (CEQA) checklist in Appendix G of the CEQA Guidelines.

In July 2016, the City of Morgan Hill adopted the 2035 General Plan,1 and certified an associated Environmental Impact Report (EIR) for the updated General Plan.2 The General Plan EIR is a program EIR, prepared pursuant to Section 15168 of the CEQA Guidelines (Title 14, California Code of Regulations [CCR], Sections 15000 et seq.). The General Plan EIR analyzed full implementation of the General Plan and identified measures to mitigate the significant adverse impacts associated with the General Plan to the maximum extent feasible. Consistent with Section 15150 of the CEQA Guidelines, applicable portions of the General Plan and General Plan EIR are incorporated by reference as part of this IS/ND.

F. PROJECT DESCRIPTION
The following provides a description of the project site’s current location and setting, as well as the proposed project components and the discretionary action required for the project.

Project Location, Setting, and Surrounding Land Uses
The project site consists of an approximately 1.8-acre portion of a larger 5.75-acre parcel located at 16695 DeWitt Avenue in the City of Morgan Hill, California (see Figure 1 and Figure 2). The site is identified by APN 773-09-011 and is part of the 10.5-acre West Hills Community Church property. The City’s General Plan designates the site as Open Space (OS) and the site is zoned OS.

The project site is currently developed with various buildings, including an approximately 4,440-sf single-story worship center, three temporary classroom buildings totaling 8,491 sf, and a temporary restroom building, as well as a paved parking lot with 98 parking stalls. Site access is currently provided by a paved road extending from the project site southeast to connect to DeWitt Avenue.

A concrete pedestrian walkway extends from the project site to the southeast and provides access to a secondary, off-site parking lot. The project site is landscaped with trees and an existing stormwater retention pond is located in the southeast corner of the site.

The site is surrounded by undeveloped hillside open space to the north, south and west. As previously discussed, a secondary parking lot with 71 stalls is located east of the project site, with vacant land further east. Surrounding existing uses include the West Hills Community Church and existing single-family residences along DeWitt Avenue to the east, beyond the vacant land.

Project Components
The proposed project would include the demolition of the three existing on-site temporary classroom buildings and the portable restroom building (see Figure 3). The existing worship center building would be remodeled. The remodel would include the addition of 2,145 sf of building space to the existing building, for a new total of 6,648 sf. The remodeled building would include, but not be limited to, a 3,508-sf open floor assembly area, 518-sf stage, 308-sf vestibule, 166-sf kitchenette, two storage rooms, a green room, an audio/visual control room, and crying room.
1 City of Morgan Hill. 2035 General Plan, City of Morgan Hill. Adopted July 2016. 2 City of Morgan Hill. Morgan Hill 2035 Final Environmental Impact Report. Certified July 2016.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Figure 1
Regional Vicinity Location

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Figure 2
Project Site Boundaries
Project
West Hills

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Figure 3
Demolition Site Plan
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West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
The proposed project would also include the development of a 12,000-sf, two-story Community Life Center (CLC) building (see Figure 4). The ground floor of the building would include, but not be limited to, a 2,696-sf fellowship hall, 1,088-sf classroom, a disability room, and storage rooms, as well as a lobby and kitchen (see Figure 5). The second floor would include, but not be limited to, five classrooms ranging from 325 sf to 1,153 sf, a toddler room, a nursery, and a lobby. As a result of the proposed project, the overall on-site building square footage would increase by a total of 6,349 sf from 12,931 sf to 19,280 sf.

The new CLC building would be used on Sunday mornings to host coffee and refreshments between services and occasionally a lunch after the service concludes. The fellowship hall would not be used at the same time as the Sunday morning worship gathering. Rather, the fellowship hall would be used during the week, such as by middle school and high school groups on Wednesday night and for gatherings of 40 to 50 people, including a mother’s group and women’s bible study. The fellowship hall would also be used to host events, such as breakfasts and teas, approximately six to eight times a year. Overall, the project applicant has stated that the proposed CLC building would provide an improved and consolidated facility to support the same types of activities that already occur within the three portable buildings demolished as part of the project.

Primary access to the project site would be provided by an existing driveway that extends east from the project site to connect to DeWitt Avenue. The proposed project does not include modifications to the existing driveway, which would continue to provide ingress and egress service to the reconfigured parking lot. As part of the proposed project, the existing parking lot would be demolished and repaved to increase the lot from 100 parking stalls to 138 stalls. Of the 138 total parking stalls, three would be compliant with the Americans with Disabilities Act (ADA). The areas surrounding the existing and proposed buildings would also be repaved.

Pursuant to Section 18.64.050 of the City’s Municipal Code, landscaping would be provided throughout the site in accordance with the City’s Standard Details for Construction. The proposed landscaping features in the project’s Landscape Plan would include new shrubs, trees, and groundcover elements throughout the site, including within the parking lot. In addition, new landscaped areas would be provided along the length of the site boundaries, and a new open space/playground and lawn area would be located to the south of the new CLC building.

The proposed project would establish new connections to existing water and sewer service infrastructure within the existing driveway and within the project site (see Figure 6). In addition, a fire pump station and water pump would be installed in the northwest corner of the project site.

With respect to stormwater management, the proposed project would install three runoff capture areas, one within each drainage management area (DMA) (see Figure 7). DMAs 1 and 3 would each include new bioretention areas, which would be located in the southeast and southwest corners of the project site. DMA 2 would include a new catch basin located within the reconfigured parking lot. Collected runoff would be routed from the detention basins through a new 48-inch detention pipe to a new dissipator located immediately south of the project site. The dissipator outfall location and the two new bioretention basins located in the southwest and southeast corners would represent the few areas where new site disturbance would occur as part of the proposed project.

Other improvements would include the dedication of an easement for a public trail located north of the existing driveway, which would continue to provide site access. The trail would be constructed by another party in the future.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Figure 4
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West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
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KEYNOTES

KEY PLAN

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Figure 6
Conceptual Utility Plan
!LEGEND

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20 0 20 40

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Figure 7
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1:,"'·ilih·

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
It should be noted that the proposed project would be located primarily within the existing development footprint of the existing worship center, temporary classrooms and restroom building, and parking lot. In addition, the uses of the remodeled building would not change and the new CLC building would provide an improved and consolidated facility to support the church’s existing services and groups. Development of the proposed project would not result in changes to the church’s existing hours of operation and the proposed project is not anticipated to increase the number of attendants.

Requested/Required Entitlements
The proposed project would require the following approvals from the City of Morgan Hill:
• Design Permit. Pursuant to Section 18.108.040 of the City’s Municipal Code, a Design Permit enables the City to ensure that a proposed development exhibits high-quality design consistent with the General Plan. The Design Permit process is also intended to ensure that new development and uses are compatible with their surroundings and minimize negative impacts on neighboring properties.
• Rezone. In February 2016, the City Council adopted Ordinance 2186, which removed church facilities as conditionally permitted uses under the OS zoning district. Because the existing structures are considered legal non-conforming uses pursuant to the OS zoning designation, the proposed project is requesting approval of a Rezone of the project site to Planned Development (PD). The purpose of a PD district is to allow for high-quality development that deviates from standards and regulations applicable to base zoning districts in the City. The PD zone provides landowners with enhanced flexibility to take advantage of unique site characteristics and develop projects that would provide public benefits for residents, employees, and visitors. The church services and various weekday activities would be considered allowed uses under the PD zoning designation.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
G. ENVIRONMENTAL CHECKLIST
The following checklist contains the environmental checklist form presented in Appendix G of the CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A discussion follows each environmental issue identified in the checklist. For this checklist, the following designations are used:

Potentially Significant Impact: An impact that could be significant, and for which no mitigation has been identified. If any potentially significant impacts are identified, an EIR must be prepared.

Less Than Significant with Mitigation Incorporated: An impact that requires mitigation to reduce the impact to a less-than-significant level.

Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA relative to existing standards.

No Impact: The project would not have any impact.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
I. AESTHETICS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista?     b. Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a State scenic highway?
   
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
   
d. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
   
Discussion
a-d. The project site is not located within a scenic vista or State scenic highway, and is located in an urbanized area. Although the proposed project includes a Rezone and demolition of the on-site portable buildings, project development would be consistent with all applicable regulations governing scenic quality. In addition, the proposed project would be located within the existing development footprint and the proposed CLC building would support the same types of activities that already occur within the three portable buildings. As such, light and glare associated with the proposed project would be consistent with existing onsite resources. Therefore, impacts related to aesthetics would be less than significant.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
II. AGRICULTURE AND FORESTRY
RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
   
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?    
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
   
d. Result in the loss of forest land or conversion of forest land to non-forest use?    
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
   
Discussion
a-e. The project site is not designated as Farmland by the State Department of Conservation, is not zoned for agricultural use, and is not under a Williamson Act Contract. In addition, the project site is not zoned as forest land or timberland, and development of the proposed project would not result in the loss or conversion of forest land. Therefore, no impact related to agriculture and forestry resources would occur.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
III. AIR QUALITY.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with or obstruct implementation of the applicable air quality plan?    
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
   
c. Expose sensitive receptors to substantial pollutant
concentrations?    
d. Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
   
Discussion
a,b. The City of Morgan Hill is located in the San Francisco Bay Area Air Basin (SFBAAB), which is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD).

The SFBAAB area is currently designated as a nonattainment area for State and federal ozone, State and federal fine particulate matter 2.5 microns in diameter (PM2.5), and State respirable particulate matter 10 microns in diameter (PM10) ambient air quality standards (AAQS). The SFBAAB is designated attainment or unclassified for all other AAQS. It should be noted that on January 9, 2013, the U.S. Environmental Protection Agency (USEPA) issued a final rule to determine that the Bay Area has attained the 24-hour PM2.5 federal AAQS. Nonetheless, the Bay Area must continue to be designated as nonattainment for the federal PM2.5 AAQS until such time as the BAAQMD submits a redesignation request and a maintenance plan to the USEPA, and the USEPA approves the proposed redesignation. The USEPA has not yet approved a request for redesignation of the SFBAAB; therefore, the SFBAAB remains in nonattainment for 24-hour PM2.5.

In compliance with regulations, due to the nonattainment designations of the area, the BAAQMD periodically prepares and updates air quality plans that provide emission reduction strategies to achieve attainment of the AAQS, including control strategies to reduce air pollutant emissions through regulations, incentive programs, public education, and partnerships with other agencies. The current air quality plans are prepared in cooperation with the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG).

The most recent federal ozone plan is the 2001 Ozone Attainment Plan, which was adopted on October 24, 2001 and approved by the California Air Resources Board (CARB) on November 1, 2001. The plan was submitted to the USEPA on November 30, 2001 for review and approval. The most recent State ozone plan is the 2017 Clean Air Plan, adopted on April 19, 2017. The 2017 Clean Air Plan was developed as a multi-pollutant plan that provides an integrated control strategy to reduce ozone, PM, toxic air contaminants (TACs), and greenhouse gases (GHGs). Although a plan for achieving the State PM10 standard is not required, the BAAQMD has prioritized measures to reduce PM in developing the control strategy for the 2017 Clean Air Plan. The control strategy serves as the backbone of the BAAQMD’s current PM control program.

The aforementioned air quality plans contain mobile source controls, stationary source controls, and transportation control measures to be implemented in the region to attain the State and federal AAQS within the SFBAAB. Adopted BAAQMD rules and regulations, as well as thresholds of significance, have been developed with the intent to ensure

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
continued attainment of AAQS, or to work towards attainment of AAQS for which the area is currently designated nonattainment, consistent with applicable air quality plans. The BAAQMD’s established significance thresholds associated with development projects for emissions of the ozone precursors reactive organic gases (ROG) and oxides of nitrogen (NOx), as well as for PM10 and PM2.5, expressed in pounds per day (lbs/day) and tons per year (tons/yr), are listed in Table 1. By exceeding the BAAQMD’s mass emission thresholds for ROG, NOX, PM10, or PM2.5, a project would be considered to conflict with or obstruct implementation of the BAAQMD’s air quality planning efforts.

Table 1
BAAQMD Thresholds of Significance
Pollutant
Construction Operational
Average Daily
Emissions
(lbs/day)
Average Daily
Emissions
(lbs/day)
Maximum Annual
Emissions
(tons/yr)
ROG 54 54 10
NOx 54 54 10
PM10 (exhaust) 82 82 15
PM2.5 (exhaust) 54 54 10
Source: BAAQMD, CEQA Guidelines, April 2023.

Particulate matter can be split into two categories: fugitive and exhaust. The BAAQMD thresholds of significance for exhaust are presented in Table 1. BAAQMD does not maintain quantitative thresholds for fugitive emissions of PM10 or PM2.5, rather, BAAQMD requires all projects within the district’s jurisdiction to implement Basic Construction Mitigation Measures (BCMMs) related to dust suppression. The BCMMs include the following:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.

7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

8. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.

9. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
In addition to the BCMMs, projects are strongly encouraged to implement enhanced best management practices to control fugitive dust emissions. The enhanced measures are especially important when schools, residential areas, or other sensitive land uses are located near the construction site. BAAQMD recommended enhanced best management practices include the following:

1. Limit the simultaneous occurrence of excavation, grading, and ground-disturbing construction activities.

2. Install wind breaks (e.g., trees, fences) on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity.

3. Plant vegetative ground cover (e.g., fast-germinating native grass seed) in disturbed areas as soon as possible and watered appropriately until vegetation is established.

4. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent.

5. Minimize the amount of excavated material or waste materials stored at the site.

6. Hydroseed or apply non-toxic soil stabilizers to construction areas, including previously graded areas, that are inactive for at least 10 calendar days.

The proposed project’s construction emissions were quantified using the California Emissions Estimator Model (CalEEMod) software version 2022.1.1.29 – a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify air quality emissions, including GHG emissions, from land use projects. The model applies inherent default values for various land uses, including construction data, trip generation rates, vehicle mix, trip length, average speed, etc. However, where project-specific data is available, such data should be input into the model. Accordingly, the proposed project’s modeling assumes the following project- and/or site-specific information:
• Construction would commence in June 2025 and take place over approximately one year;
• Approximately 3,800 cubic yards (CY) of soil would be exported from the site during grading activities; and
• 9,484 sf of building materials would be demolished and hauled from the site.

The proposed project’s estimated emissions associated with construction and operation are provided below. All CalEEMod results are included as Appendix A to this IS/ND.

Construction Emissions
According to the CalEEMod results, the proposed project would result in maximum construction criteria air pollutant emissions as shown in Table 2. As shown in the table, the proposed project’s construction emissions would be below the applicable thresholds of significance. In addition, as discussed above, all projects within the jurisdiction of the BAAQMD are required to implement all BAAQMD BCMMs, which would be required by the City as conditions of approval. The proposed project’s required implementation of the BAAQMD BCMMs listed above for the project’s construction activities would help to further minimize construction-related emissions.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Overall, because construction of the proposed project would not exceed any applicable thresholds of significance, project construction would result in a less-than-significant impact.

Table 2
Maximum Construction Emissions (lbs/day)
Pollutant
Proposed Project
Emissions
Threshold of
Significance
Exceeds
Threshold?
ROG 3.37 54 NO
NOX 31.70 54 NO
PM10* 1.37 82 NO
PM2.5* 1.26 54 NO
Note:
* Denotes emissions from exhaust only. BAAQMD does not have adopted thresholds for fugitive PM emissions.

Source: CalEEMod, January 2025 (see Appendix A).

Operational Emissions
With respect to the proposed project’s operational criteria pollutant emissions, the proposed project would not include a change in operational hours or an increase in attendance or other on-campus activities. Thus, emissions associated with project operation would not be significantly different from the existing conditions. In addition, the proposed CLC building would not use natural gas, as natural gas is prohibited in all new construction pursuant to Chapter 15.63 of the City’s Municipal Code. Overall, the proposed project would not result in any additional impacts related to such beyond current conditions.

Cumulative Emissions
Past, present, and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By nature, air pollution is largely a cumulative impact. A single project is not sufficient in size to, by itself, result in nonattainment of AAQS. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. The thresholds of significance presented in Table 1 represent the levels at which a project’s individual emissions of criteria air pollutants or precursors would result in a cumulatively considerable contribution to the SFBAAB’s existing air quality conditions. If a project exceeds the significance thresholds presented in Table 1, the proposed project’s emissions would be cumulatively considerable, resulting in a significant adverse cumulative air quality impact to the region’s existing air quality conditions. Because the proposed project would not generate criteria pollutant emissions above the applicable thresholds of significance, the project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State AAQS.

Conclusion
As stated previously, the applicable regional air quality plans include the 2001 Ozone Attainment Plan and the 2017 Clean Air Plan. Because construction and operation of the

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
proposed project would not result in emissions of criteria air pollutants in excess of BAAQMD’s thresholds of significance, conflicts with or obstruction of the implementation of the applicable regional air quality plans would not occur. As a result, the project would not result in a cumulatively considerable net increase of a criteria pollutant for which the project region is nonattainment under an applicable federal or State AAQS. Thus, a lessthan-significant impact would occur. c. Some land uses are considered more sensitive to air pollution than others, due to the types of population groups or activities involved. Heightened sensitivity may be caused by health problems, proximity to the emissions source, and/or duration of exposure to air pollutants. Children, pregnant women, the elderly, and those with existing health problems are especially vulnerable to the effects of air pollution. Sensitive receptors are typically defined as facilities where sensitive receptor population groups (i.e., children, the elderly, the acutely ill, and the chronically ill) are likely to be located. Accordingly, land uses that are typically considered to be sensitive receptors include residences, schools, playgrounds, childcare centers, retirement homes, convalescent homes, hospitals, and medical clinics. The nearest existing sensitive receptors to the project site would be the single-family residences fronting DeWitt Avenue, with the closest located approximately 560 feet east of the project site.

The major pollutant concentrations of concern are localized carbon monoxide (CO) emissions and TACs, which are addressed in further detail below.

Localized CO Emissions
Localized concentrations of CO are related to the levels of traffic and congestion along streets and at intersections. High levels of localized CO concentrations are only expected where background levels are high, and traffic volumes and congestion levels are high.

Emissions of CO are of potential concern, as the pollutant is a toxic gas that results from the incomplete combustion of carbon-containing fuels such as gasoline or wood.

In order to provide a conservative indication of whether a project would result in impacts related to localized CO emissions, the BAAQMD has established screening criteria for localized CO emissions. According to BAAQMD, a proposed project would result in a lessthan-significant impact related to localized CO emission concentrations if all of the following conditions are true for the project:
• The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans;
• The project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour; and
• The project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, underpass, etc.).

Considering that the project would be consistent with the existing uses for the site, the project would not conflict with the Santa Clara Valley Transportation Authority (VTA)

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
Congestion Management Program (CMP).3 As described in further detail in Section XVII, Transportation, of this IS/ND, because the proposed project would not result in an increase in vehicle trips beyond existing levels, traffic associated with the proposed development would not increase traffic volumes at an affected intersection to more than 44,000 vehicles per hour. Furthermore, intersections where vertical and/or horizontal mixing is limited due to tunnels, underpasses, or similar features do not exist in the project area. Therefore, based on the BAAQMD’s screening criteria for localized CO emissions, the proposed project would not be expected to result in substantial levels of localized CO at intersections or generate localized concentrations of CO that would exceed standards or cause health hazards.

TAC Emissions
Another category of environmental concern is TACs. The CARB’s Air Quality and Land Use Handbook: A Community Health Perspective (Handbook) provides recommended setback distances for sensitive land uses from major sources of TACs, including, but not limited to, freeways and high traffic roads, distribution centers, rail yards, and gas dispensing facilities (GDFs). The CARB has identified diesel particulate matter (DPM) from engines as a TAC; thus, high volume freeways, stationary diesel engines, and facilities attracting heavy and constant diesel vehicle traffic are identified as having the highest associated health risks from DPM. Health risks associated with TACs are a function of both the concentration of emissions and the duration of exposure, where the higher the concentration and/or the longer the period of time that a sensitive receptor is exposed to pollutant concentrations would correlate to a higher health risk. As noted above, the existing sensitive receptors near the project site include the single-family residences along DeWitt Avenue, approximately 560 feet east of the project site.

The proposed project does not include any operations that would be considered a substantial source of TACs. Accordingly, operations of the proposed project would not expose sensitive receptors to excess concentrations of TACs.

Short-term, construction-related activities would result in the generation of TACs, specifically DPM, from on-road haul trucks and off-road equipment exhaust emissions.

Construction is temporary and occurs over a relatively short duration in comparison to the operational lifetime of the proposed project. Health risks are typically associated with exposure to high concentrations of TACs over extended periods of time (e.g., 30 years or greater), whereas the construction period associated with the proposed project is estimated to be approximately two years and 10 months.

All construction equipment and operation thereof would be regulated by the In-Use OffRoad Diesel Vehicle Regulation, which is intended to help reduce emissions associated with off-road diesel vehicles and equipment, including DPM. Project construction would also be required to comply with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. In addition, only portions of the site would be disturbed at a time throughout the construction period, with operation of construction equipment occurring intermittently throughout the course of a day rather than continuously at any one location on the project site. Operation of construction equipment within portions of the development area would allow for the dispersal of emissions, and would ensure that construction activity is not continuously occurring in the portions of the project site closest to existing receptors. Because construction equipment on-site would 3 Santa Clara Valley Transportation Authority. 2021 Congestion Management Program Document. December 2021.

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not operate for long periods of time and would be used at varying locations within the site, associated emissions of DPM would not occur at the same location (or be evenly spread throughout the entire project site) for long periods of time. Due to the temporary nature of construction and the relatively short duration of potential exposure to associated emissions, the potential for any one sensitive receptor in the area to be exposed to concentrations of pollutants for a substantially extended period of time would be low.

Furthermore, the project applicant would be required to prepare, and include on all site development and grading plans, a management plan detailing strategies for control of noise, dust and vibration, and storage of hazardous materials during construction of the project. Pursuant to Section 18.76.040 (Air Contaminants) of the City’s Municipal Code, the management plan must include all applicable BAAQMD rules and regulations, as well as the City’s standard conditions for construction activity. The City of Morgan Hill Development Services Department would ensure that the BAAQMD’s BCMMs, listed under questions ‘a,b’ above, would be noted on project construction drawings prior to issuance of a building permit or approval of improvement plans.

Conclusion
Based on the above, the proposed project would not expose any sensitive receptors to substantial concentrations of localized CO or TACs associated with construction or operation. Therefore, the proposed project would not result in the exposure of sensitive receptors to substantial pollutant concentrations, and a less-than-significant impact would occur.
d. Emissions of concern include those leading to odors, emission of dust, or emissions considered to constitute air pollutants. Air pollutants have been discussed in questions ‘a’ through ‘c’ above. Therefore, the following discussion focuses on emissions of odors and dust.

According to the BAAQMD CEQA Guidelines, odors are generally regarded as an annoyance rather than a health hazard.4 Manifestations of a person’s reaction to odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache). The presence of an odor impact is dependent on a number of variables including: the nature of the odor source; the frequency of odor generation; the intensity of odor; the distance of odor source to sensitive receptors; wind direction; and sensitivity of the receptor. Due to the subjective nature of odor impacts, the number of variables that can influence the potential for an odor impact, and the variety of odor sources, quantitative analysis to determine the presence of a significant odor impact is difficult. Typical odor-generating land uses include, but are not limited to, wastewater treatment plants, landfills, and composting facilities. The proposed project would not introduce any such land uses and is not located in the vicinity of any such existing or planned land uses.

Construction activities often include diesel-fueled equipment and heavy-duty trucks, which could create odors associated with diesel fumes that may be considered objectionable.

However, construction activities would be temporary, and hours of operation for construction equipment would be prohibited between 8:00 PM and 7:00 AM, Monday through Friday, and between 6:00 PM and 9:00 AM on Saturdays, as required by Morgan Hill Municipal Code Chapter 8.28. Project construction would also be required to comply 4 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2017.

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with all applicable BAAQMD rules and regulations, particularly associated with permitting of air pollutant sources. The aforementioned regulations would help to minimize emissions, including emissions leading to odors. Accordingly, substantial objectionable odors would not be expected to occur during construction activities.

With respect to dust, as noted previously, the proposed project would be required to implement BAAQMD’s BCMMs during project construction. The BCMMs would act to reduce construction-related dust by requiring that haul trucks with loose material are covered, reducing vehicle dirt track-out, and limiting vehicle speeds within the project site, among other methods, which would ensure that construction of the proposed project does not result in substantial emissions of dust. Following project construction, vehicles operating within the project site would be limited to paved areas of the site, and non-paved areas would be landscaped. Thus, project operations would not include sources of dust that could adversely affect a substantial number of people.

For the aforementioned reasons, construction and operation of the proposed project would not result in emissions (such as those leading to odors) adversely affecting a substantial number of people, and a less-than-significant impact would result.

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IV. BIOLOGICAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
   
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the
California Department of Fish and Wildlife or US Fish and Wildlife Service?
   
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
   
d. Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites?
   
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
   
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Conservation Community
Plan, or other approved local, regional, or state habitat conservation plan?
   
Discussion
a. A development project could have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS), if the project’s components result in the “take” of such species. Pursuant to the Federal Endangered Species Act, “take” is defined to include harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting wildlife species or any attempt to engage in such conduct. In addition, raptors (birds of prey), migratory birds, and other avian species are protected under the Migratory Bird Treaty Act (MBTA) of 1918 and California Fish and Game Code (CFGC) Section 3503.5. Furthermore, plant species considered to be rare, threatened, or endangered in California by the California Native Plant Society (CNPS) and CDFW (California Rare Plant Rank [CRPR] 1 and 2) are provided special status under CEQA.

The project site, which is currently developed with a single-story worship center, three temporary classroom buildings, a temporary restroom building, and a paved parking lot, is located within the boundaries of the Santa Clara Valley Habitat Plan (SCVHP). The SCVHP provides take authorization for 18 listed and non-listed species (i.e., covered species). In addition, the SCVHP includes conservation measures to protect the species covered by the SCVHP, as well as a conservation strategy designed to mitigate impacts on covered species and contribute to the recovery of the species in the study area.

Compliance with the SCVHP is discussed under question ‘f’ below.

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The project site contains several trees and more are located along the site’s perimeters.

Pursuant to the Santa Clara Valley Habitat Agency Geobrowser (SCVHA Geobrowser), the project site is designated by the SCVHP as Rural Residential land cover.5 The existing on-site conditions are generally consistent with the Rural Residential land cover type, which is described in the SCVHP as areas with low-density residential development. It should be noted that the Rural Residential area extends to the single-family residences fronting DeWitt Avenue. Typically, species covered by the SCVHP are unlikely to occur within Rural Residential areas.

Additionally, according to the SCVHA Geobrowser, the project site is not located within a designated Wildlife Survey Area and is also located outside of the SCVHP Burrowing Owl Fee Area. The project site is located in a designated Plant Survey Area; however, the project site is currently developed, and the proposed project would largely occur within the existing development footprint. Because the project site is currently developed, suitable habitat for special-status plant species does not occur on-site. Therefore, impacts to special-status plant species are not anticipated to occur. Considering the disturbed nature of the project site and existing development in the project vicinity, the site does not provide habitat value for endangered, rare, or threatened plant or wildlife species.

The dissipator outfall location and the two new bioretention basins located in the southwest and southeast corners of the site would represent areas of new disturbance to on-site annual grassland and coyote brush scrub habitat. Various migratory birds could potentially nest in the existing on-site trees and other vegetation, such as coyote brush scrub; however, as part of the City’s standard conditions of approval, a preconstruction survey for migratory birds would be required.

Based on the above, the proposed project would not result in a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS, and a less-than-significant impact would occur. b,c. Riparian habitats are lands that occur along watercourses and water bodies, with typical examples including streambanks and floodplains, and are distinctly different from surrounding lands due to unique soil and vegetation characteristics strongly influenced by the presence of water. With respect to State or federally protected wetlands, wetlands are generally considered to be areas that are periodically or permanently inundated by surface or groundwater, and support vegetation adapted to life in saturated soil. Geographically and hydrologically isolated wetlands are outside federal jurisdiction, but are regulated by Regional Water Quality Control Board (RWQCB).

Considering the developed nature of the project site, riparian land cover and/or State or federally protected wetlands are not present on-site. Therefore, the project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or the USFWS or have a substantial adverse effect on State or federally protected wetlands through direct removal, filling, hydrological interruption, or other means. Thus, a lessthan-significant impact would occur. 5 Santa Clara Valley Habitat Agency. Santa Clara Valley Habitat Agency Geobrowser. Available at: https://www.scvhabitatagency.org/228/Key-Maps. Accessed March 2025.

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d. Movement corridors or landscape linkages are usually linear habitats that connect two or more habitat patches, providing assumed benefits to wildlife species by reducing inbreeding and increasing the potential for recolonization of habitat patches. The project site is surrounded by undeveloped hillside open space to the north, south and west. A secondary parking lot with 71 stalls is located east of the project site, with vacant land further east and the West Hills Community Church and single-family residences along DeWitt Avenue further beyond that. Due to the developed nature of the area east of the project site, as well as the lack of physical barriers to wildlife movement west of the site, allowing wildlife to maneuver around the site, the proposed project would not interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites. Thus, a less-than-significant impact would occur. e. Morgan Hill Municipal Code Section 12.32.030 requires the approval of a Tree Removal Permit prior to the removal of any Ordinance Sized Tree, defined as a non-indigenous tree with a circumference greater than 40 inches (approximately 12.7-inch diameter) or any indigenous tree with circumference greater than 18 inches (approximately 5.7 inches diameter). An indigenous tree is defined as any tree native to the Morgan Hill region, such as oaks (all types), Sycamore, California Bay, Madrone, or Alder. According to the Morgan Hill Municipal Code, non-indigenous tree species in residential zones and orchards (including individual fruit trees) are not considered Ordinance Sized Trees. In addition, a Tree Removal Permit is required prior to the removal of a Street Tree, defined as a tree of any size within the public street right-of-way (ROW) or publicly accessible private street or within five feet of a publicly accessible sidewalk adjacent to a public or private street in the case of a street without a landscape park strip.

A Biological Evaluation Addendum was prepared by Live Oak Associates, Inc. (Live Oak) for a previous design of the proposed project (see Appendix B).6 Although the project site boundaries have changed since preparation of the Biological Evaluation Addendum, at least one tree identified as subject to the City’s tree ordinance is located within the current project site boundaries (e.g., Tree #31 within Figure 8). Compliance with the City’s tree removal permit process would ensure that impacts related to trees would be less than significant. In addition, the project would include new landscaping, including within the repaved parking lot. Plant selection would be in accordance with Morgan Hill Municipal Code Section 18.64.060, which requires that all landscaping plants and trees shall be categorized as low or very low water use.

Based on the above, the proposed project would not conflict with a local policy or ordinance protecting biological resources, such as a tree preservation policy or ordinance, and a less-than-significant impact would occur.
f. The SCVHP was developed through a partnership between Santa Clara County, the cities of San José, Morgan Hill, and Gilroy, the Santa Clara Valley Water District (SCVWD), the Santa Clara VTA, the USFWS, and the CDFW. The SCVHP is intended to promote the recovery of endangered species and enhance ecological diversity and function, while accommodating planned growth in approximately 500,000 acres of southern Santa Clara County. The SCVHP provides take authorization for 18 listed and non-listed species (i.e., covered species).
6 Live Oak Associates, Inc. Biological Evaluation Addendum for the West Hills Church Project Site in Morgan Hill. (PN 1624-03). May 7, 2021.

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Figure 8
Previously Identified Ordinance Trees
Current Project Site
LEGEND
17 Ordinance Size Tree and Number
"'-./ Limit of Impacts
West Hills Community Church
Potentially Impacted Ordinance Size Trees

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In addition, the SCVHP includes conservation measures to protect the covered species covered by the SCVHP, as well as a conservation strategy designed to mitigate impacts on covered species and contribute to the recovery of the species in the study area.

As noted previously, the SCVHP designates the project site as a Rural Residential developed land cover type. Typically, species covered by the SCVHP are unlikely to occur within such developed areas. In addition, as set forth by Morgan Hill Municipal Code Section 18.132.050, compliance with the SCVHP requires payment of fees according to the Fee Zone designation of the property. The project site is located within Fee Zone B (Agricultural and Valley Floor Lands). Payment of the required fees would further reduce any potential impacts to biological resources and ensure project consistency with the SCVHP.

Based on the above, the proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State Habitat Conservation Plan, and no impact would occur.

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V. CULTURAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?     b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5?
   
c. Disturb any human remains, including those interred
outside of dedicated cemeteries.    
Discussion
a-c. Historical resources are features that are associated with the lives of historically important persons and/or historically significant events, that embody the distinctive characteristics of a type, period, region, or method of construction, or that have yielded, or may be likely to yield, information important to the pre-history or history of the local area, California, or the nation. Examples of typical historical resources include, but are not limited to, buildings, farmsteads, rail lines, bridges, and trash scatters containing objects such as colored glass and ceramics.

To identify any known cultural resources, a records search of the California Historic Resources Information System (CHRIS) was performed by the Northwest Information Center (NWIC) on October 5, 2021. The CHRIS search included a review of cultural resource site records and reports, historic-period maps, and literature for Santa Clara County, as well as other inventories, including the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), the California State Historical Landmarks, California State Points of Historical Interest, and the Office of Historic Preservation (OHP) Built Environment Resources Directory (BERD). The NWIC concluded that the project site has not been included in previous cultural resources studies and does not contain recorded archaeological resources.

The proposed project would include demolition of the existing on-site temporary classroom buildings and the portable restroom building. Generally, properties eligible for listing in the NRHP are at least 50 years old. Cultural resources determined eligible for the NRHP by a federal agency are automatically eligible for the CRHR. The existing modular buildings at the project site were constructed in the 1960s and, therefore, could meet the aforementioned 50-year age requirement. However, the on-site buildings are not associated with any important events or people, nor do the buildings embody any distinctive characteristics of a type, period, or method of construction. Thus, implementation of the proposed project would not result in an adverse change in the significance of a historical resource.

The project site is currently developed and, as such, is unlikely to contain any previously unrecorded cultural resources. However, the proposed project would include minor new ground disturbance related to the proposed utility infrastructure. As noted in the General Plan EIR, archaeological surveys conducted in Morgan Hill have identified numerous prehistoric sites with shell midden components, including human burials. In addition, the CHRIS search concluded that the site has a low to moderate potential for unrecorded archaeological resources to be located on-site. Based on such findings, the potential exists for subsurface historical resources and previously unknown archaeological resources to be found on-site during grading and excavation associated with development

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of the proposed project; however, the potential for discovering unknown resources is limited due to the developed nature of the project site. Nonetheless, in the event that such resources are unearthed, the City’s standard Conditions of Approval related to the protection of historical and archaeological resources would be implemented, consistent with Morgan Hill Municipal Code Section 18.60.090:

A. Status Determination.

1. The city shall consult with the Northwest Information Center to determine if the project is located within or adjacent to a known archaeological site.

2. If the city determines that the project is located within or adjacent to a known archaeological site, the following requirements apply:
a. The project shall obtain a Historical Alteration Permit. b. The project's CEQA review shall consider potentially significant impacts on archaeological resources and identify appropriate mitigation measures to be imposed as conditions of approval in addition to the standard conditions in Subsection B below.
c. The project shall comply with the standard conditions of approval in Subsection B below.

3. If the city determines that the project is not located within or adjacent to a known archaeological site, the applicant may either:
a. Prepare an archaeological survey for the site to identify necessary mitigation measures; or
b. Comply with the standard conditions of approval in Subsection B below.

If the project complies with these standard conditions of approval, the city shall find that potentially significant impacts on archaeological resources are reduced to a less than significant level and that the preparation of an archaeological resources report is not required.

B. Standard Conditions of Approval.

1. Applicability. The conditions of approval in paragraphs 2 and 3 below apply to:
a. All projects located within or adjacent to a known archaeological site; and
b. Projects not located within or adjacent to a known archaeological site which elected to comply with these conditions pursuant to A.3 above.

2. On-Site Archaeologist. An archaeologist shall be present on-site to monitor all ground-disturbing activities. If historical or archaeological artifacts are found during construction, the following protocol shall be followed:
a. Work within thirty feet of the artifacts shall halt immediately. And the archaeologist shall determine if the artifacts qualify as a unique archaeological resource as defined by this chapter.
b. If the archaeologist determines that the artifacts are not a unique archaeological resource, the archaeologist shall submit to the community development director a brief memorandum or letter that describes the artifacts, assesses their significance, and describes of the methods used to determine their significance. Construction may continue upon the Director's approval of the archaeologist's determination.
c. If the archaeologist determines that the artifacts qualify as a unique archaeological resource, the archaeologist shall submit to the community development director an action plan that recommends

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measures to avoid or minimize impacts to the resource. The action plan shall be prepared in conformance with California Public Resources Code 21083.2. Construction may continue only after the director's approval of the action plan.

3. Discovery of Human Remains. If human remains are discovered during construction, the project shall comply with all applicable state and federal laws, including California Health and Safety Code Section 7050.5 and CEQA Guidelines Section 15064.5(e).

Compliance with the City’s standard Conditions of Approval would ensure that construction of the proposed project would have a less-than-significant impact related to historical resources and unique archeological resources, as well as the disturbance of human remains.

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VI. ENERGY.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
   
b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?    
Discussion
a,b. Discussions regarding the proposed project’s potential effects related to energy demand during construction and operations are provided below.

Construction Energy Use
Even during the most intense period of construction, due to the different types of construction activities (e.g., site preparation, grading, building construction), only portions of the project site would be disturbed at a time, with operation of construction equipment occurring at different locations on the project site, rather than a single location. In addition, all construction equipment and operation thereof would be regulated by the CARB In-Use Off-Road Diesel Vehicle Regulation, which imposes limits on idling, requires all vehicles to be reported to CARB, restricts the addition of older vehicles into fleets, and requires fleets to reduce emissions. In addition, as a means of reducing emissions, construction vehicles are required to become cleaner through the use of renewable energy resources.

The In-Use Off-Road Diesel Vehicle Regulation and idling restriction regulations, with which the proposed project must comply, would be consistent with the intention of the 2022 Climate Change Scoping Plan Update (2022 Scoping Plan) prepared by CARB, and the recommended actions included in Appendix D of the 2022 Scoping Plan. Therefore, compliance with the In-Use Off-Road Diesel Vehicle Regulation would help improve fuel efficiency for equipment used in construction of the proposed project.

Based on the above, the temporary increase in energy use occurring during construction of the proposed project would not result in a significant increase in peak or base demands or require additional capacity from local or regional energy supplies. In addition, the proposed project would be required to comply with all applicable regulations related to energy conservation and fuel efficiency, which would help to reduce the temporary increase in demand.

Operational Energy Use
In response to the growing climate crisis, the City has determined that natural gas use in local buildings, which accounts for approximately one-third of the community’s carbon footprint, represents the City’s greatest opportunity to reduce future GHG emissions.

Requiring all new buildings to be constructed without natural gas will dramatically reduce future emissions growth as electricity procured by Silicon Valley Clean Energy is 100 percent carbon free. The City Council adopted Ordinance No. 2306 on November 6, 2019, which prohibits natural gas infrastructure in new buildings.

Energy use associated with operation of the proposed project would be similar to the existing uses, requiring electricity for interior and exterior building lighting, heating, venting, and air conditioning (HVAC), electronic equipment, machinery, appliances, security systems, and more. The proposed project would be subject to all relevant

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provisions of the most recent update of the California Building Standards Code (CBSC), including the Building Energy Efficiency Standards. Adherence to the most recent California Green Building Standards Code (CALGreen Code) and the Building Energy Efficiency Standards would ensure that the proposed structures would consume energy efficiently through the incorporation of such features as door and window interlocks, direct digital controls for HVAC systems, and high efficiency outdoor lighting.

With regard to transportation energy use, the proposed project would comply with all applicable regulations associated with vehicle efficiency and fuel economy. As discussed later in Section XVII, Transportation, of this IS/ND, the proposed project is not anticipated to increase trips beyond the existing number of trips associated with the site.

Conclusion
Based on the above, construction and operation of the proposed project would not result in wasteful, inefficient, or unnecessary consumption of energy resources or conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Thus, a lessthan-significant impact would occur.

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VII. GEOLOGY AND SOILS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i. Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area based on other substantial evidence of a
known fault? Refer to Division of Mines and
Geology Special Publication 42.
   
ii. Strong seismic ground shaking?    
iii. Seismic-related ground failure, including
liquefaction?    
iv. Landslides?    
b. Result in substantial soil erosion or the loss of topsoil?     c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
   
d. Be located on expansive soil, as defined in Table 18-1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
   
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
   
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?    
Discussion
ai-aii. Pursuant to Figure SSI-1 in the Safety, Services, and Infrastructure Element of the City’s General Plan, known faults do not cross the project site. In addition, while the City of Morgan Hill lies within a seismically active region and several faults in the area are considered active, the project site is not within a currently established California Earthquake Hazard Zone for surface fault rupture hazards, including Alquist-Priolo Earthquake Fault Zones.
7 Therefore, the potential for surface rupture due to faulting occurring beneath the site during project operation is considered low.

According to the City’s General Plan EIR, major faults near the City include the Calaveras Fault adjacent to the eastern boundary of the General Plan planning area, the San Andreas Fault approximately five miles southwest of the planning area, and the Sargent Fault approximately three miles west of the planning area. Strong ground shaking could occur at the site during an earthquake along any of the aforementioned faults. However, the proposed project would be subject to applicable regulations within the CBSC and City Municipal Code Chapter 15.08, which regulate the design and construction of foundations, building frames, and other building elements. Proper engineering of the proposed buildings in accordance with the aforementioned standards would ensure that seismicrelated effects do not cause adverse impacts. 7 California Department of Conservation. Earthquake Zones of Required Investigation. Available at:
https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed March 2025.

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Based on the above, the proposed project would not directly or indirectly cause substantial adverse effects involving rupture of a known earthquake fault or strong seismic ground shaking, and a less-than-significant impact would occur. aiii,aiv, The proposed project’s potential effects related to liquefaction, subsidence, landslides, and lateral spreading, and are discussed in detail below.

Liquefaction and Subsidence/Settlement
Liquefaction is the temporary transformation of loose, saturated granular sediments from a solid state to a liquefied state as a result of seismic ground shaking, which commonly causes ground displacement or ground failure to occur. Because saturated soils are a necessary condition for liquefaction, soil layers in areas where the groundwater table is near the surface have higher liquefaction potential than those in which the water table is located at greater depths. Additionally, loose unsaturated sandy soils have the potential to settle during strong seismic shaking. Liquefaction can often result in subsidence, which refers to the gradual settling or sudden sinking of land surface, or settlement, which refers to the vertical movement of soil when a load is applied to the surface.

Cut and fill non-engineered slopes occur throughout the property, including the slopes to the north and south, which are predominantly artificial fill slopes constructed through multiple generations of uncontrolled grading. Artificial fill at the project site contains a mix of materials including loose rubble and may be significantly less dense than the underlying colluviums, residuum, and bedrock. Structural foundations relying on support from the combination of earth materials at the site may experience differential consolidation of the underlying earth materials, potentially leading to settlement beneath foundations, structural deformations, and instability.

However, the City of Morgan Hill would impose a condition of approval requiring the project design team to develop a foundation and grading leading to uniform bearing conditions that would reduce elevated risks from differential settlement beneath the multi-purpose building and auditorium to a less-than-significant level. The proposed project would also be subject to applicable regulations within the CBSC and Morgan Hill Municipal Code Chapter 15.08, which would reduce the potential for seismic-related ground failure, including liquefaction. In addition, the City’s General Plan EIR concluded that, with compliance with applicable General Plan policies, a less-than-significant impact would occur. The proposed project would be required to comply with applicable policies set forth by the General Plan, as well as with regulations and standards established at the State and local levels, and would not change the existing uses associated with the project site.

As such, development of the proposed project would not result in impacts beyond those that were identified in the General Plan EIR, and potential impacts related to liquefaction and subsidence/settlement would be less than significant.

Landslides and Lateral Spreading
Seismically induced landslides are triggered by earthquake ground shaking. The risk of landslide hazard is greatest in areas with steep, unstable slopes. Lateral spreading is horizontal/lateral ground movement of relatively flat-lying soil deposits towards a free face such as an excavation, channel, or open body of water; typically, lateral spreading is associated with liquefaction of one or more subsurface layers near the bottom of the exposed slope.
c.

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Three shallow (less than five feet thick) but distinct landslides have issued from the steep ascending slope to the west of the project site (see Figure 9). However, the potential landslide areas do not encroach upon the project site boundaries and, thus, would not pose a substantial risk to the proposed buildings.

Based on the above, potential impacts related to landslides and lateral spreading would be less than significant.

Conclusion
Based on the above, the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving liquefaction or landslides, and would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Thus, a less-thansignificant impact would occur. b. Development of the project site would cause ground disturbance related to construction activity, including grading and excavation, utility installation, and paving. After grading and excavation and prior to overlaying the disturbed ground surfaces with impervious surfaces and structures, the potential exists for wind and water erosion to occur, which could adversely affect downstream storm drainage facilities.

New development within the City that disturbs one or more acres of land is required to comply with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit and prepare a Storm Water Pollution Prevention Plan (SWPPP) incorporating Best Management Practices (BMPs) to control sedimentation, erosion, and hazardous materials contamination of runoff during construction. The project site is approximately 5.75 acres and, thus, would be subject to such requirements. In addition, pursuant to Morgan Hill Municipal Code Chapter 13.30, the project applicant would be required to submit a sediment and erosion control plan to the City. The sediment and erosion control plan would demonstrate the project’s conformance with City standards related to preventing significant sediment and soil erosion during construction and include the standards and guidelines found in the California Stormwater Quality Association, Stormwater Best Management Practice Handbook.

Additionally, pursuant to Morgan Hill Municipal Code Section 13.30.270, erosion control plans must provide details for BMPs, such as preservation of existing vegetation, hydraulic mulch, and hydroseeding. Incorporation of such BMPs would further ensure substantial adverse effects to downstream storm drainage facilities do not occur as a result of substantial soil erosion or the loss of topsoil. The sediment and erosion control plan would be subject to review and approval by the City Engineer prior to approval of project improvement plans and the issuance of building permits to ensure that the plan complies with City standards.

Based on the above, the proposed project would not result in substantial soil erosion or the loss of topsoil. Thus, a less-than-significant impact would occur.

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Figure 9
Landslide Deposit Areas
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d. Expansive soils increase in volume when they absorb water and have the potential to crack or otherwise compromise the integrity of building foundations. Pursuant to the U.S.

Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey, the project site is underlain with Gilroy clay loam, 30 to 75 percent slopes, Major Land Resource Area (MLRA) 15, which has a rating of “Very limited” for dwellings without basements.8
However, the project site is currently developed and the proposed project would not change the existing uses of the site. In addition, Morgan Hill Municipal Code Section

15.08.090 includes requirements for minimum thickness of concrete floor slabs, as well as required reinforcement with wire mesh or an approved alternative. Finally, as previously discussed, the proposed project would be subject to applicable regulations set forth by the CBSC, which provide standards to protect property and public safety by regulating the design and construction of foundations, building frames, and other building elements.

Given required compliance with the CBSC and the slab and foundation construction standards provided in the Municipal Code, the proposed project would not be subject to substantial risks related to expansive soils.

Based on the above, the proposed project would not create substantial direct or indirect risks to life or property related to being located on expansive soil, as defined in Table 18- 1B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. Thus, a less-than-significant impact would occur. e. The proposed development would connect to existing City-maintained sewer infrastructure and would not include the use of septic tanks. Accordingly, no impact would occur related to soils incapable of adequately supporting the use of septic tanks. f. Paleontological resources or fossils are the remains of prehistoric plant and animal life.

As noted in the General Plan EIR, based on a review of the University of California’s Museum of Paleontology’s (UCMP) fossil locality database conducted for all of Santa Clara County, paleontological resources have not been explicitly identified as being found within Morgan Hill.9
As noted in the City’s General Plan, occurrences of fossil resources are closely tied to the geologic units. The soil types at the project site are not considered unique geologic features and are common within the geographic area of the City. As such, development of the proposed project would not destroy a unique geologic feature. Furthermore, the proposed project would be subject to the City’s standard conditions as discussed in Section V, Cultural Resources, of this IS/ND, which, as noted in the General Plan EIR, would ensure that impacts to paleontological resources are less than significant.

Therefore, the proposed project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature, and a less-than-significant impact would occur.
8 U.S. Department of Agriculture, Natural Resources Conservation Service. Web Soil Survey. Available at:
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed March 2025. 9 City of Morgan Hill. 2035 General Plan, City of Morgan Hill [pg. 4.5-17]. Adopted July 2016.

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VIII. GREENHOUSE GAS EMISSIONS.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
   
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gasses?
   
Discussion
a,b. An individual project’s GHG emissions are at a micro-scale level relative to global emissions and effects to global climate change; however, an individual project could result in a cumulatively considerable incremental contribution to a significant cumulative macroscale impact. As such, impacts related to emissions of GHG are inherently considered cumulative impacts. Because the proposed project would not represent a change in the existing on-site uses, development of the proposed project is not anticipated to cumulatively contribute to increases of GHG emissions during operations.

The common unit of measurement for GHG is expressed in terms of annual metric tons of carbon dioxide (CO2) equivalents (MTCO2e/yr). Based on the modeling conducted for the proposed project, as discussed in Section III, Air Quality, of this IS/ND, the proposed project would result in maximum construction GHG emissions of 208 MTCO2e/yr.

However, construction GHG emissions are a one-time release and are, therefore, not typically expected to generate a significant contribution to global climate change. Neither the City nor BAAQMD has an adopted threshold of significance for construction-related GHG emissions. Accordingly, construction GHG emissions are presented for disclosure and informational purposes only.

In addition, as discussed above, the proposed project would not include a change in operational hours or an increase in attendance or other on-campus activities. Thus, GHG emissions associated with project operation would not be significantly different from the existing conditions, and the proposed project would not result in any additional impacts related to such beyond current conditions.

BAAQMD’s adopted thresholds of significance for GHG emissions are qualitative, and the foregoing information is provided for disclosure purposes only. Potential impacts related to GHG emissions resulting from implementation of the proposed project are considered in comparison with BAAQMD’s adopted thresholds of significance below.

BAAQMD Thresholds of Significance
On April 20, 2022, the BAAQMD Board of Directors held a public meeting and adopted proposed CEQA Thresholds for Evaluating the Significance of Climate Change Impacts from Land Use Projects and Plans. According to the new thresholds of significance, a project must either include specific project design elements (e.g., exclude use of natural gas, achieve a specific reduction in project-generated vehicle miles traveled [VMT] below the regional average) or be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).10
10 Bay Area Air Quality Management District. CEQA Thresholds for Evaluating the Significance of Climate Impacts From Land Use Projects and Plans. April 2022.

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In December of 2021, the City of Morgan Hill adopted a Climate Action Plan (CAP); however, the City’s CAP does not qualify as a local GHG reduction strategy under CEQA Guidelines Section 15183.5(b). Therefore, the City has determined that the BAAQMD thresholds of significance are appropriate for the proposed project, and the following analysis focuses on the new BAAQMD GHG thresholds related to specific project design elements.

According to the BAAQMD’s thresholds of significance, in order to find a less-thansignificant GHG impact, projects must include, at a minimum, the following project design elements:
• The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development);
• The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines;
• The project will achieve a reduction in project-generated VMT below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted SB 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Planning and Research’s Technical Advisory on Evaluating Transportation Impacts in CEQA; and
• The project will achieve compliance with off-street EV requirements in the most recently adopted version of CALGreen Tier 2.

In order to be consistent with the first criterion, the proposed project is required to include all electric appliances and plumbing. As discussed previously, natural gas is prohibited in all new construction within the City, effective March 1, 2020, pursuant to City Ordinance No. 2306. Therefore, the proposed project would comply with the first criterion.

Regarding the second criterion, as discussed in Section VI, Energy, of this IS/ND, the proposed project would comply with all applicable federal, State, and local regulations regarding energy use during both project construction and project operations. Required compliance with applicable standards and regulations would ensure that the building energy use associated with the proposed project would not be wasteful, inefficient, or unnecessary, and, as a result, the project would comply with the second criterion.

With respect to the third criterion, as discussed in Section XVII, Transportation, of this IS/ND, the proposed project is not anticipated to result in a net increase in daily vehicle trips relative to existing conditions. Therefore, based on the recommendations provided in the Governor’s Office of Land Use and Climate Innovation (LCI) Technical Advisory on Evaluating Transportation Impacts in CEQA, VMT associated with the proposed project would be less than significant, and the project would comply with the third criterion.

With respect to the fourth criterion, the proposed project would be subject to the nonresidential requirements set forth in the CALGreen standards. The proposed project would repave the existing parking lot to add 38 parking spaces. Based on the non-residential Tier 2 CALGreen standards, the proposed project would be required to provide on-site EV capable spaces, which have the electric infrastructure necessary to support future installation of EV charging units. Consistency with the CALGreen standards would be

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required as a condition of approval by the City. Therefore, the proposed project would comply with the fourth criterion.

Conclusion
Based on the above, the project would comply with BAAQMD criteria and would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, nor conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Therefore, a less-than-significant impact would occur.

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IX. HAZARDS AND HAZARDOUS
MATERIALS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
   
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the likely release of
hazardous materials into the environment?
   
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
   
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
   
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
   
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
   
g. Expose people or structures, either directly or indirectly, to the risk of loss, injury or death involving wildland fires?     Discussion
a. A significant hazard to the public or the environment could result from the routine transport, use, or disposal of hazardous materials. Operations of the proposed project could involve the use of common household cleaning products, fertilizers, and herbicides on-site, any of which could contain potentially hazardous chemicals. However, such products would be expected to be used in accordance with label instructions. Due to the regulations governing use of such products and the amount that could reasonably be used on the site, routine use of such products would not represent a substantial risk to public health or the environment. Therefore, the proposed project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, and a less-than-significant impact would occur. b,d. The project site is not located on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5, including the Department of Toxic Substances Control’s (DTSC’s) Hazardous Waste and Substances Site List, which is a component of the Cortese List,
11 the State Water Resources Control Board’s (SWRCB) GeoTracker data management system and hazardous materials sites, such as leaking underground storage tank (LUST) sites,12 and DTSC cleanup sites.13 In addition, the project site is not located 11 California Department of Toxic Substances Control. Hazardous Waste and Substances Site List. Available at:
https://dtsc.ca.gov/dtscs-cortese-list. Accessed March 2025. 12 California Environmental Protection Agency. GeoTracker. Available at:
https://geotracker.waterboards.ca.gov/search. Accessed December 2024. 13 Department of Toxic Substances Control. EnviroStor. Available at:
https://www.envirostor.dtsc.ca.gov/public/search.asp. Accessed December 2024.

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on or near any hazardous waste sites identified on the list of active Cease and Desist Orders (CDO) and Cleanup and Abatement Orders (CAO) from the SWRCB.14 Therefore, the proposed project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and a less-than-significant impact would occur.
c. The nearest school to the project site is Mariposas Preschool, located at 16900 Dewitt Avenue, approximately 0.33-mile northeast of the site. As such, the proposed project would not emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school, and no impact would occur. e. The nearest airport to the project site is the San Martin Airport, which is located approximately 4.08 miles to the southeast of the project site. In addition, the project site is not located within the vicinity of a private airstrip. Therefore, the project site is not located within two miles of a public airport or public use airport and, thus, would not result in an airport-related safety hazard for people residing or working in the project area. Overall, no impact would occur.
f. The proposed project would not result in any substantial modifications to the City’s existing roadway system. Access to the project site would be provided by the existing driveway extending east from the project site to DeWitt Avenue. Furthermore, the proposed project is consistent with the site’s existing uses; thus, development of the site and associated effects on emergency evacuation routes has been anticipated by the General Plan and analyzed in the General Plan EIR and the City’s Emergency Operations Plan.15 Based on the above, the proposed project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and a less-than-significant impact would occur.
g. Issues related to wildfire hazards are discussed in Section XX, Wildfire, of this IS/ND. As noted therein, the project site is located within a High Fire Hazard Severity Zone (FHSZ).16 However, the proposed project would not represent a change in the existing on-site uses.

Therefore, the proposed project would not result in an increased exposure of people or structures to the risk of loss, injury or death involving wildland fires, and a less-thansignificant impact would occur. 14 State Water Resources Control Board. Active CDO and CAO. Available at:
https://calepa.ca.gov/sitecleanup/corteselist/. Accessed December 2024. 15 City of Morgan Hill. Emergency Operations Plan. January 11, 2018. 16 California Department of Forestry and Fire Protection. Fire Hazard Severity Zones. Available at:
https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones.

Accessed March 2025.

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X. HYDROLOGY AND WATER
QUALITY.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
   
b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
   
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or offsite;     ii. Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite;
   
iii. Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff; or
   
iv. Impede or redirect flood flows?    
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?    
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management
plan?
   
Discussion
a. The proposed project’s potential to result in water quality impacts during construction and operations is discussed in further detail separately below.

Construction
Project construction activities such as grading and trenching for site improvements would result in the disturbance of on-site soils. The exposed soils have the potential to affect water quality. In addition, spills or leaks from heavy equipment and machinery, staging areas, or building sites also have the potential to enter runoff. Typical pollutants include, but are not limited to, petroleum and heavy metals from equipment and products such as paints, solvents, and cleaning agents, which could contain hazardous constituents.

Sediment from erosion of graded or excavated surface materials, leaks or spills from equipment, or inadvertent releases of building products could result in water quality degradation if runoff containing the sediment or contaminants should enter receiving waters in sufficient quantities. Impacts from construction-related activities would generally be short-term and of limited duration.

Water quality degradation is regulated by the federal NPDES Program, established by the Clean Water Act, which controls and reduces pollutants to water bodies from point and non-point discharges. In California, the NPDES permitting program is administered by the SWRCB through nine RWQCBs. As discussed in Section VII, Geology and Soils, of this IS/ND, the proposed project would be required to comply with the NPDES Construction

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General Permit and prepare a SWPPP incorporating BMPs to control sedimentation, erosion, and hazardous materials contamination of runoff during construction.

The proposed project would also be subject to all regional and local water quality regulations. In order to meet water quality objectives for the region, the City of Morgan Hill implements the Revised Regional Storm Water Management Plan (SWMP) through an extensive program. The SWMP incorporates the efforts of the City of Morgan Hill, the City of Gilroy, and the unincorporated portion of Santa Clara County, within the watershed of the Pajaro River and Monterey Bay, to meet the Phase II Storm Water Permit requirements for small municipal separate storm sewer systems (MS4s). The City requires construction site storm water runoff control and pollution prevention as part of the SWMP, including BMPs for the control of storm water runoff quality during construction.

Based on the above, implementation of the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during construction.

Operation
After project construction, impervious surfaces on the project site could contribute incrementally to the degradation of downstream water quality during storm events. During the dry season, vehicles and other urban activities may release contaminants onto the impervious surfaces, where they would accumulate until the first storm event. During the initial storm event, or first flush, the concentrated pollutants would be transported via stormwater runoff from the site to the stormwater drainage system and eventually a downstream waterway. Typical urban pollutants that would likely be associated with the proposed project include sediment, pesticides, oil and grease, nutrients, metals, bacteria, and trash. In addition, stormwater runoff could cause soil erosion if not properly addressed, which would provide a more lucrative means of transport for pollutants to enter the waterways.

The proposed project would not change the site’s existing uses. Therefore, water quality in the project vicinity due to runoff from the redeveloped project site would not substantially change relative to existing conditions, given the similarities between the existing and proposed uses. In addition, the proposed project would be managed in accordance with Resolution R3-2013-0032 issued by Central Coast RWQCB, which formally adopts postconstruction stormwater management requirements for development projects in the Central Coast Region. On-site stormwater management facilities would include new bioretention areas in the southeast and southwest corners of the project site and a new catch basin within the reconfigured parking lot. Collected runoff would be routed from the detention basins through a new 48-inch detention pipe to a new dissipator located immediately south of the project site.

The proposed project would be required to comply with the design standards set forth in Section 18.140.040 of the City’s Municipal Code. Selection and implementation of BMPs would be required to be to the satisfaction of the City and in accordance with the requirements contained in the most recent versions of the following documents:

1. City of Morgan Hill Stormwater Post Construction Best Management Practices Development Standards for new development and redevelopment;

2. California Storm Water Quality Association Best Management Practice Handbooks;

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3. City of Gilroy, City of Morgan Hill and County of Santa Clara Regional Stormwater Management Plan (SWMP), as approved by the Central Coast Regional Water Quality Control Board; and

4. City of Morgan Hill Hydro-modification Management Plan, as approved by the Central Coast Regional Water Quality Control Board.

The final design of the proposed drainage system would be reviewed and approved by the City of Morgan Hill Engineering Land Development Division, which would ensure that the proposed drainage system complies with the City’s Post Construction Stormwater Pollution Prevention Ordinance with respect to incorporating sufficient permanent stormwater treatment control BMPs. Therefore, water quality standards or waste discharge requirements would not be violated, and water quality would not be degraded as a result of the proposed project operations.

Conclusion
Based on the above discussions, the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during construction or operations. Therefore, a less-thansignificant impact would occur. b,e. Water supply is discussed in Section XIX, Utilities and Service Systems, of this IS/ND.

Groundwater within the Llagas Subbasin is managed by the SCVWD. The 2021 Groundwater Management Plan (GWMP) describes the SCVWD’s comprehensive groundwater management framework. Major recharge facilities within the Llagas Subbasin include the Uvas and Chesbro Reservoirs, Llagas and Uvas Creeks, the Madrone Channel, the San Pedro and Main Avenue groundwater recharge ponds, and the Uvas-Llagas pipeline.

The project site is currently developed and, thus, does not act as a groundwater recharge area. Pursuant to the Preliminary Hydrology Report prepared for the proposed project by BKF Engineers (see Appendix C),17 the proposed project would not create more impervious surfaces than are currently found on-site. The proposed bioretention areas would also allow groundwater recharge. Therefore, given the similarities between the existing and proposed uses, the project site’s recharge capability would not change substantially relative to existing conditions. Overall, the proposed project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project would impede sustainable groundwater management of the basin, nor conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Therefore, a less-than-significant impact would occur.
ci-iii. The project site is currently developed with a single-story worship center, three temporary classroom buildings, a temporary restroom building, and a paved parking lot. The proposed project would not change the site’s existing uses and, thus, the redeveloped site’s drainage pattern would not change substantially relative to existing conditions. As previously discussed, the proposed project would install three runoff capture areas, one within each DMA (see Figure 7). DMAs 1 and 3 would each include new bioretention areas, which would be located in the southeast and southwest corners of the project site.

DMA 2 would include a new catch basin located within the reconfigured parking lot. 17 BKF Engineers. Preliminary Hydrology Report. March 2024.

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Collected runoff would be routed from the detention basins through a new 48-inch detention pipe to a new dissipator located immediately south of the project site. The onsite storm drainage infrastructure would treat and retain 95 percent of the runoff from the project site and would also maintain peak runoff flows such that they do not exceed preproject flows in accordance with the stormwater management requirements adopted by Resolution R3-2013-0032 issued by Central Coast RWQCB.

As discussed above, according to the Preliminary Hydrology Report, the proposed project would not create more impervious surfaces than are currently found on-site. In addition, as shown in Section 1.4 of the Preliminary Hydrology Report, development of the proposed stormwater management system would reduce peak flows from existing conditions. Stormwater would be directed into a series of storm drain pipelines which would lead to the proposed underground bioretention catch basins located in the southeastern and southwestern portions of the project site. Following treatment, stormwater flows would be discharged south of the project site through the proposed wide rock dissipator, which would slow flows and protect the hillside from erosion.

Based on the above, the proposed project would not significantly increase stormwater flows such that the capacity of the City’s existing stormwater drainage system would be exceeded. The final drainage system design for the project would be subject to review and approval by the City of Morgan Hill Engineering Land Development Division, who would confirm that the proposed drainage system for the project is consistent with the City’s Storm Drainage Master Plan and standard stormwater-related conditions of approval.

Therefore, the proposed project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion, siltation, or flooding on- or off-site, create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems, or provide substantial additional sources of polluted runoff. Thus, a less-than-significant impact would occur. civ. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) number 06085C0606H, the project site is located entirely within Zone X, defined as an area that is located outside of the 100-year floodplain. 18 As such, the project
site is not located within a FEMA-designated Special Flood Hazard Area (SFHA).

Therefore, the proposed project would not impede or redirect flood flows or expose people or structures to a significant loss, injury, or death involving flooding, and a less-thansignificant impact would occur. d. The project site is not located near a water body that is susceptible to seiche hazard and the distance to the nearest coastline does not subject the site to tsunami hazards. As indicated on dam failure inundation hazard maps, the project site is located outside of any dam failure inundation hazard zones.19 Therefore, the proposed project would not be exposed to substantial risks related to flooding as a result of the failure of a dam, tsunamis, or seiches and a less-than-significant impact would occur. 18 Federal Emergency Management Agency. National Flood Hazard Layer FIRMette. Available at: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd. Accessed March 2025.
19 Association of Bay Area Governments. Dam Inundation Map Viewer. Available at:
https://fmds.water.ca.gov/webgis/?appid=dam_prototype_v2. Accessed June 2024.

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XI. LAND USE AND PLANNING.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Physically divide an established community?    
b. Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
   
Discussion
a. A project risks dividing an established community if the project would introduce infrastructure or alter land use so as to change the land use conditions in the surrounding community or isolate an existing land use. The proposed project would not change the existing uses. Therefore, the project would not physically divide an established community, and a less-than-significant impact would occur. b. Although the proposed project is requesting a Rezone, implementation of the proposed project would not represent a change in on-site uses. In addition, the proposed project would be generally consistent with applicable Morgan Hill Municipal Code standards and General Plan policies, as well as other applicable policies and regulations adopted for the purpose of avoiding or mitigating environmental effects. Therefore, the proposed project would be consistent with the General Plan and would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, and a less-thansignificant impact would occur.

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XII. MINERAL RESOURCES.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
   
b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
   
Discussion
a,b. The City’s General Plan does not identify any regionally or locally important mineral resources within the City of Morgan Hill. The Santa Clara County General Plan does identify mineral resources of importance; however, the project site is not in proximity to the quarries currently in operation. Consequently, the proposed project would not result in the loss of a known mineral resource that would be of value to the region nor would the project result in the loss of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. Therefore, no impact to mineral resources would occur as a result of the proposed project.

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XIII. NOISE.

Would the project result in:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
   
b. Generation of excessive groundborne vibration or
groundborne noise levels?    
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
   
Discussion
a. The following terms are referenced in the sections below:
• Decibel (dB): A unit of sound energy intensity. An A-weighted decibel (dBA) is a decibel corrected for the variation in frequency response to the typical human ear at commonly encountered noise levels. All references to dB in this analysis are Aweighted unless noted otherwise. • Community Noise Equivalent Level (CNEL): The cumulative noise exposure over a 24-hour period. Weighting factors of +5 and +10 dBA are applied to the evening and nighttime periods, respectively, to account for the greater sensitivity of people to noise during those periods.
• Average, or equivalent, sound level (Leq): The Leq corresponds to a steady-state Aweighted sound level containing the same total energy as a time varying signal over a given time period (usually one hour).
• Day-Night Average Level (Ldn): The average sound level over a 24-hour day, with a +10 decibel weighing applied to noise occurring during nighttime (10:00 PM to 7:00 AM) hours.
• Maximum Sound Level (Lmax): The maximum sound level over a given time-period. • Median Sound Level (L50): The sound level exceeded 50 percent of the time over a given time-period.

Noise-sensitive land uses are generally defined as locations where people reside or where the presence of unwanted sound could adversely affect the primary intended use of the land. Places where people live, sleep, recreate, worship, and study are considered to be sensitive to noise because intrusive noise can be disruptive to such activities. Within the project vicinity, the nearest sensitive receptors are the single-family residences fronting DeWitt Avenue, with the closest located approximately 560 feet east of the project site.

The existing noise environment in the project area is predominantly defined by on-site vehicle noise and traffic on the local roadway network, primarily DeWitt Avenue and the existing driveway.

Project Construction Noise
During project construction, heavy-duty equipment would be used for demolition, grading, excavation, paving, and building construction, which would result in temporary noise level

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increases while in operation. Noise levels would vary depending on the type of equipment used, how the equipment is operated, and how well the equipment is maintained. In addition, noise exposure at any single point outside the project site would vary depending on the proximity of construction activities to that point. Standard construction equipment, such as graders, backhoes, loaders, and haul trucks would be used on-site. Therefore, the project would result in short-term noise level increases in the project vicinity.

Table 3 shows maximum noise levels associated with typical construction equipment.

Based on the table, activities involved in typical construction would generate maximum noise levels up to 85 dB at a distance of 50 feet. As one increases the distance between equipment, or increases separation of areas with simultaneous construction activity, dispersion and distance attenuation reduce the effects of combining separate noise sources. The noise levels from a source decrease due to spherical spreading loss at a rate of approximately six dB per every doubling of distance from the noise source.

Table 3
Construction Equipment Noise
Type of Equipment Maximum Level, dB at 50 feet
Backhoe 78
Compactor 83
Compressor (air) 78
Dozer 82
Dump Truck 76
Excavator 81
Generator 81
Pneumatic Tools 85
Source:Federal Highway Administration, Roadway Construction Noise Model User’s Guide, January 2006.

The nearest noise-sensitive receptors, the single-family residences east of the site fronting DeWitt Avenue, are located over 500 feet away from the project site boundaries. Thus, noise levels generated during project construction would be substantially less due to spherical spreading loss than those shown in Table 3 at the receptor. Although the Morgan Hill Municipal Code does not specify any short-term construction noise level limits, Chapter 8.28 of the Municipal Code prohibits construction activities between 8:00 PM and 7:00 AM, Monday through Friday, and between 6:00 PM and 9:00 AM on Saturdays.

Construction activities may not occur on Sundays or federal holidays. Construction activities related to the proposed project would include the use of sound-dampening equipment such as mufflers, air-inlet silencers, shrouds, shields, or other noise-reducing features where appropriate.

Enforcement of time restrictions specified in the Morgan Hill Noise Ordinance would ensure that the temporary or periodic increase in ambient noise levels in the project vicinity during project construction are reduced to the maximum extent feasible, and a less-thansignificant impact would occur.

Project Operational Noise
Pursuant to General Plan Policy SSI-8.5, noise level increases resulting from traffic associated with new projects are considered significant if: a) the noise level increase is five dBA Ldn or greater, with a future noise level of less than 60 dB Ldn, or b) the noise level increase is three dB Ldn or greater, with a future noise level of 60 dB Ldn or greater. As

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previously discussed, the proposed project would result in similar uses to the existing onsite uses. Therefore, given the similarities between the existing and proposed uses, ambient noise levels at the redeveloped project site would not change substantially relative to existing conditions. Furthermore, as discussed in Section XVII, Transportation, of this IS/ND, the proposed project would not result in a net increase in daily vehicle trips relative to existing conditions. Therefore, traffic-related noise levels generated as part of project operation would not result in a substantial permanent increase in ambient noise levels in the project vicinity in excess of standards established in the Morgan Hill General Plan.

Overall, the project is consistent with the site’s existing uses and would not include changes to operation or population; therefore, noise level increases associated with project operation are not anticipated to occur.

Conclusion
Based on the above, project construction and operation would not result in a substantial temporary or permanent increase in ambient noise levels in the project vicinity in excess of standards established in the Morgan Hill General Plan. Thus, a less-than-significant impact would occur.
b. Similar to noise, vibration involves a source, a transmission path, and a receiver. However, noise is generally considered to be pressure waves transmitted through air, whereas vibration usually consists of the excitation of a structure or surface. As with noise, vibration consists of an amplitude and frequency. A person’s perception to the vibration depends on their individual sensitivity to vibration, as well as the amplitude and frequency of the source and the response of the system which is vibrating.

Vibration is measured in terms of acceleration, velocity, or displacement. A common practice is to monitor vibration in terms of peak particle velocities (PPV) in inches per second (in/sec). Table 4, which was developed by Caltrans, shows the vibration levels that would normally be required to result in damage to structures. As shown in the table, the threshold for architectural damage to structures is 0.20 in/sec PPV, and continuous vibrations of 0.10 in/sec PPV, or greater, would likely cause annoyance to sensitive receptors.

The proposed project would only cause elevated vibration levels during construction, as the proposed project would not involve any uses or operations that would generate substantial groundborne vibration. Although noise and vibration associated with the construction phase of the project would add to the noise environment in the immediate project vicinity, construction activities would be temporary in nature and are anticipated to occur during normal daytime working hours.

The primary vibration-generating activities associated with the proposed project would occur during grading, paving, placement of utilities, and construction of foundations. Table 5 shows the typical vibration levels produced by construction equipment at various distances. The most substantial source of groundborne vibrations associated with project construction would be the use of vibratory compactors. Use of vibratory compactors/rollers could potentially be required during development of the site’s new paved surfaces. The nearest structures to the project site are the single-family residential uses located approximately 560 feet to the east. Based on the vibration levels presented in Table 5, vibration levels generated from on-site project construction activities at the nearest

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structures would be well below the 0.20 in/sec PPV threshold for damage to structures.

Furthermore, construction activities would not result in vibration levels in excess of the

0.10 in/sec PPV threshold for annoyance to the nearest sensitive receptors.

Table 4
Effects of Vibration on People and Buildings
PPV
mm/sec in/sec Human Reaction Effect on Buildings

0.15 to

0.30 0.006 to

0.019
Threshold of perception;
possibility of intrusion
Vibrations unlikely to cause
damage of any type

2.0 0.08 Vibrations readily perceptible
Recommended upper level of the
vibration to which ruins and ancient
monuments should be subjected

2.5 0.10
Level at which continuous
vibrations begin to annoy
people
Virtually no risk of “architectural”
damage to normal buildings

5.0 0.20
Vibrations annoying to people in
buildings (this agrees with the
levels established for people
standing on bridges and
subjected to relative short
periods of vibrations)
Threshold at which there is a risk
of “architectural” damage to normal
dwelling - houses with plastered
walls and ceilings. Special types of
finish such as lining of walls,
flexible ceiling treatment, etc.,
would minimize “architectural”
damage
10 to 15 0.4 to 0.6
Vibrations considered
unpleasant by people subjected
to continuous vibrations and
unacceptable to some people
walking on bridges
Vibrations at a greater level than
normally expected from traffic, but
would cause “architectural”
damage and possibly minor
structural damage
Source: Caltrans. Transportation Related Earthborne Vibrations. TAV-02-01-R9601. February 20, 2002.

Table 5
Vibration Levels for Various Construction Equipment
Type of Equipment PPV at 25 feet (in/sec) PPV at 50 feet (in/sec) Large Bulldozer 0.089 0.029
Loaded Trucks 0.076 0.025
Small Bulldozer 0.003 0.000
Auger/drill Rigs 0.089 0.029
Jackhammer 0.035 0.011
Vibratory Hammer 0.070 0.023
Vibratory Compactor/roller 0.210 0.070
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, May 2006.

Based on the above, project operation and construction would not generate excessive groundborne vibration or groundborne noise levels at the nearest existing sensitive receptors. Therefore, the project would result in a less-than-significant impact. c. The nearest airport to the project site is the San Martin Airport, which is located approximately 4.8 miles southeast of the project site. The project site is located well outside of the Airport Influence Area (AIA) identified in the South County Airport

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Comprehensive Land Use Plan.20 In addition, the project site is not located within the vicinity of a private airstrip. Therefore, the proposed project would not expose people residing or working in the project area to excessive noise levels associated with air traffic, and no impact would occur.
20 Santa Clara County. Comprehensive Land Use Plan, Santa Clara County, South County Airport. Amended November 16, 2016.

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XIV. POPULATION AND HOUSING.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (e.g., through
projects in an undeveloped area or extension of major
infrastructure)?
   
b. Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
   
Discussion
a. Given the nature of the proposed project, the project would not directly or indirectly induce substantial unplanned population growth in the project area, as the proposed worship center and church uses do not constitute major infrastructure. In addition, as previously discussed, the proposed project would not represent a change in the site’s existing uses.

Therefore, the proposed project would not directly or indirectly induce population growth in the City, as worship center and church uses do not generate new residents, nor do they indirectly facilitate to a substantial degree the construction of new residences that could result in population growth.

Based on the above, the proposed project would not induce substantial unplanned population growth in the project area, either directly or indirectly, and no impact would occur.
b. The project site does not contain existing residences. Therefore, the proposed project would not displace substantial numbers of existing people or housing, and no impact would occur.

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XV. PUBLIC SERVICES.

Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for any of the public services:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Fire protection?    
b. Police protection?    
c. Schools?    
d. Parks?    
e. Other Public Facilities?    
Discussion
a-e. The level at which fire protection, law enforcement, educational, recreational, and other public services are provided in the City of Morgan Hill would not change substantially as a result of the proposed project, relative to existing conditions. Furthermore, the proposed project would not directly or indirectly induce population growth in the City, as worship center and church uses do not generate new residents, nor do they indirectly facilitate to a substantial degree the construction of new residences that could result in population growth. As such, new governmental facilities related to public services would not be required.

Based on the above, the proposed project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts. Thus, a less-than-significant impact would occur.

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XVI. RECREATION.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
   
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
   
Discussion
a,b. The City’s Community Services Department oversees the provision and maintenance of parks and recreation amenities and services within the City limits. As discussed above, the proposed project would not directly or indirectly induce population growth in the City.

Therefore, use of the City’s parks and recreation amenities would not substantially increase as a result of the proposed project. Furthermore, the proposed project would be similar to the site’s existing use. As such, the level at which park facilities are used in the City of Morgan Hill would not change substantially as a result of the proposed project.

Based on the above, a less-than-significant impact would occur with regard to recreational resources.

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XVII. TRANSPORTATION.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle, and pedestrian facilities?
   
b. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?    
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
   
d. Result in inadequate emergency access?    
Discussion
a. The law has changed with respect to how transportation-related impacts may be addressed under CEQA. Traditionally, lead agencies used level of service (LOS) to assess the significance of such impacts, with greater levels of congestion considered to be more significant than lesser levels. Enacted as part of SB 743 (2013), PRC Section 21099, subdivision (b)(1), directed LCI to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed CEQA Guidelines addressing “criteria for determining the significance of transportation impacts of projects within transit priority areas. Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.”
Pursuant to SB 743, the Natural Resources Agency promulgated CEQA Guidelines Section 15064.3 in late 2018. It became effective in early 2019. Subdivision (a) of that section provides that “[g]enerally, vehicle miles traveled is the most appropriate measure of transportation impacts. For the purposes of this section, ‘vehicle miles traveled’ refers to the amount and distance of automobile travel attributable to a project. Other relevant considerations may include the effects of the project on transit and non-motorized travel.

Except as provided in subdivision (b)(2) below (regarding roadway capacity), a project’s effect on automobile delay shall not constitute a significant environmental impact.” Please refer to question ‘b’ for a discussion of VMT.

Pedestrian, Bicycle, and Transit Facilities
Pedestrian facilities are provided along the existing driveway connecting DeWitt Avenue and the project site, as well as within the existing development. The proposed project would include connections to the existing sidewalks, maintaining pedestrian access to the project site and nearby land uses. Thus, the proposed project would not conflict with any existing or planned pedestrian facilities and would not substantially change pedestrian access relative to existing conditions. Thus, the proposed project would result in a lessthan-significant impact related to pedestrian facilities.

In the project vicinity, bike lanes are located along the shoulder of DeWitt Avenue. Due to the relatively small size of the proposed project, the project is not expected to generate a significant amount of bicycle trips. Therefore, the demand generated by the proposed project could be accommodated by the existing bicycle facilities in the vicinity of the project site. Thus, the proposed project would not conflict with a program, plan, ordinance, or policy related to the City’s bicycle facilities.

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Bus service in the City of Morgan Hill is provided by the Santa Clara VTA, which operates local bus service with regional connections to destinations north and south of the City. The nearest bus stop to the project site is located approximately 0.61-mile northeast at the intersection of Alkire Avenue/Peak Avenue. In addition, as discussed previously, the proposed project would result in a new worship center, temporary classroom buildings and a restroom building, and a paved parking lot, similar to the site’s existing use. Therefore, transit operations in the project vicinity would not change substantially relative to existing conditions, given the similarities between the existing and proposed uses. Because the proposed project could only slightly increase transit riders, the demands of the proposed project could be accommodated by the existing transit facilities. Thus, the proposed project would result in a less-than-significant impact to existing transit facilities.

Conclusion
Based on the above information, the proposed project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities, and a less-than-significant impact would occur. b. Section 15064.3 of the CEQA Guidelines provides specific considerations for evaluating a project’s transportation impacts. Pursuant to Section 15064.3, analysis of VMT attributable to a project is the most appropriate measure of transportation impacts, with other relevant considerations consisting of the effects of the project on transit and nonmotorized travel. VMT is the total miles of travel by personal motorized vehicles a project is expected to generate in a day. VMT measures the full distance of personal motorized vehicle-trips, with one end within the project site.

According to the Technical Advisory on Evaluating Transportation Impacts in CEQA guidance, as published by LCI, certain projects are presumed to have a less-thansignificant effect on VMT due to project size, project location, or project type. 21 Because
the proposed project would be consistent with the site’s existing land uses and is not anticipated to increase the existing level of trips, the proposed project would not result in VMT greater than the City’s baseline VMT.

Based on the above, the proposed project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3(b), and a less-than-significant impact would occur. c,d. The proposed project does not include changes to existing roadways or the introduction of an incompatible use or any design features that would be considered hazardous.

Access to the project site would be provided by the existing driveway extending from the project site’s eastern boundary to DeWitt Avenue. The project site’s entrance would conform with applicable design standards and requirements contained in the Morgan Hill Municipal Code and the City’s Design Standards and Standard Details for Construction, which would ensure that traffic entering and exiting the site would not pose hazards to traffic in the area. Furthermore, the proposed project’s conformance with standards set forth in the City’s Design Standards and Standard Details for Construction would be subject to approval by the City Engineer, prior to approval of the project’s final improvement plans.
21 Governor’s Office of Planning and Research. Technical Advisory on Evaluation Transportation Impacts in CEQA.

December 2018.

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Based on the above information, the proposed project would not substantially increase hazards due to design features or incompatible uses, and emergency access to the site would be adequate. In addition, because the project site is set back from the surrounding roadways, construction activities would not disrupt the transportation network near the project site. As such, the proposed project would not substantially increase hazards due to a geometric design feature or incompatible uses, nor result in inadequate emergency access. Therefore, a less-than-significant impact would occur.

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XVIII.TRIBAL CULTURAL RESOURCES.

Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is:

Potentially
Significant
Impact
Less-ThanSignificant
with Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k).
   
b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
   
Discussion
a,b. As discussed in Section V, Cultural Resources, of this IS/ND, the proposed project would be required to implement the City’s standard Conditions of Approval related to the protection of historical and archaeological resources consistent with Morgan Hill Municipal Code Section 18.60.090. As part of compliance with the Conditions of Approval, a tribal monitor would be present on-site to monitor all ground-disturbing activities during project construction. In the event that archaeological resources are discovered during the course of construction activities, including tribal cultural resources and suspected Native American remains, the project would be required to comply with further measures to ensure that potential impacts are avoided.

Based on the above, the proposed project is not expected to adversely impact tribal cultural resources. In addition, the project applicant would be required to comply with the City’s standard conditions of approval related to cultural resource discovery, as discussed in Section V, Cultural Resources, of this IS/ND. Therefore, a less-than-significant impact to tribal cultural resources would occur.

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XIX. UTILITIES AND SERVICE
SYSTEMS.

Would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
   
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
   
c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
   
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
   
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
   
Discussion
a-c. The City prohibits the use of natural gas for new construction, and electricity and telecommunications services would be provided by way of existing infrastructure in the project vicinity. Similarly, the proposed buildings would connect to existing water, sewer, and stormwater drainage infrastructure on-site. As discussed throughout this IS/ND, the similarities between the existing and proposed uses would ensure that water consumption and wastewater generation associated with the redeveloped project site would not substantially change relative to existing conditions. Because water consumption rates would not change, adequate water supplies exist to serve the proposed project. Issues related to stormwater infrastructure are discussed in Section X, Hydrology and Water Quality, of this IS/ND. As noted therein, the proposed project would not significantly increase stormwater flows into the City’s existing system.

Furthermore, the proposed project would be subject to the City’s Development Impact Mitigation Fee, in accordance with Morgan Hill Municipal Code Section 3.56.030. The revenues generated through payment of the fee are used by the City to pay for needed upgrades and/or expansions to City facilities, including water and sewer facilities.

Therefore, payment of the City’s Development Impact Mitigation Fee would further serve to reduce the proposed project’s potential impacts on the domestic water and wastewater conveyance and treatment systems.

Based on the above, the proposed project would not require or result in the relocation or construction of new or expanded utility facilities, the construction or relocation of which could cause significant environmental effects. Additionally, the City would have sufficient water supplies to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years, and adequate capacity to serve the project’s

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wastewater services demand in addition to the City’s existing commitments. Therefore, the project would result in a less-than-significant impact. d,e. Recology South Valley provides solid waste and recycling services to the businesses and residents of the cities of Morgan Hill and has contracted with the Monterey Regional Waste Management District to provide solid waste disposal services. Pursuant to the Landfill’s current Solid Waste Facility Permit, the Landfill has a maximum permitted tonnage limit of 3,500 tons per day, a design capacity of 49,700,000 cubic yards, and a remaining capacity of 48,560,000 cubic yards (97 percent).
22 Based on the similarities between the existing and proposed uses, waste generation associated with the redeveloped project site would not substantially change relative to existing site conditions. Therefore, the proposed project would not produce enough solid waste for the landfill to exceed capacity, and sufficient permitted capacity exists at the Monterey Peninsula Landfill to accommodate the proposed project’s incremental increase in solid waste disposal needs. In addition, during project construction, the proposed project would be required to submit a Waste Management Plan to the City detailing on-site sorting of construction debris, as required by CBSC Section 4.408. Implementation of the Waste Management Plan would ensure that the proposed project meets established diversion requirements for reused or recycled construction waste.

Based on the above, the proposed project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. The project would comply with federal, State, and local management and reduction statutes and regulations related to solid waste. Therefore, the project would result in a less-than-significant impact. 22 California Department of Resources Recycling and Recovery (CalRecycle). Facility/Site Summary Details:

Monterey Peninsula Landfill (27-AA-0010). Available at:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2642?siteID=1976. Accessed March 2025.

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XX. WILDFIRE.

If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?    
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
   
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
   
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
   
Discussion
a-d. As discussed in Section IX, Hazards and Hazardous Materials, of this IS/ND, the project site is located in a High FHSZ.23 The project would be required to comply with all applicable requirements of the California Fire Code, as adopted by Morgan Hill Municipal Code Chapter 15.44. In addition, the proposed project would be required to comply with all applicable provisions of the California Health and Safety Code and Title 23 of the CCR.

The proposed project would not conflict with the City’s Emergency Operations Plan.24 As previously discussed, implementation of the proposed project would not result in any substantial modifications to the City’s existing roadway system. The project site is currently graded, and the project area does not include any existing features that would substantially increase fire risk for future visitors. Given that the project site is located within a developed urban area and is situated adjacent to existing roads, water lines, and other utilities, the project would not result in substantial fire risks related to installation or maintenance of such infrastructure. Lastly, as discussed in Section VII, Geology and Soils, and Section X, Hydrology and Water Quality, of this IS/ND, development of the proposed project would not expose people or structures to significant risks related to flooding or landslides.

Based on the above, the proposed project would not expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands, and a less-thansignificant impact would occur. 23 City of Morgan Hill. City of Morgan Hill Wildland Urban Interface Map. March 2009. 24 City of Morgan Hill. Emergency Operations Plan. January 11, 2018.

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
XXI. MANDATORY FINDINGS OF
SIGNIFICANCE.

Potentially
Significant
Impact
Less-ThanSignificant
with
Mitigation
Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
   
b. Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)?
   
c. Does the project have environmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
   
Discussion
a. As discussed in Section IV, Biological Resources, of this IS/ND, the project site has been previously disturbed and does not contain any protected species or known historic or archaeological resources. Thus, implementation of the proposed project is not anticipated to have the potential to result in impacts related to biological or cultural resources.

Nonetheless, in the event that such resources are unearthed, the City’s standard Conditions of Approval would be implemented. The proposed project would also be subject to applicable General Plan policies and Municipal Code standards, as discussed throughout this IS/ND. With compliance with General Plan policies, Municipal Code standards, and application of standard BMPs during construction, development of the proposed project would not result in any of the following: 1) degrade the quality of the environment; 2) substantially reduce or impact the habitat of fish or wildlife species; 3) cause fish or wildlife populations to drop below self-sustaining levels; 4) threaten to eliminate a plant or animal community; 5) reduce the number or restrict the range of a rare or endangered plant or animal; or 6) eliminate important examples of the major periods of California history or prehistory. Therefore, a less-than-significant impact would occur. b. The proposed project, in conjunction with other development within the City of Morgan Hill, could incrementally contribute to cumulative impacts in the area. However, as demonstrated in this IS/ND, all potential environmental impacts that could occur as a result of project implementation would be less than significant with compliance with applicable General Plan policies, Morgan Hill Municipal Code standards, and other applicable local and State regulations. Therefore, when viewed in conjunction with other closely related past, present, or reasonably foreseeable future projects, development of the proposed project would not contribute to cumulative impacts in the City of Morgan Hill, and the project’s contribution to the cumulative impact would be less than significant. c. The project site is currently developed and would be redeveloped in an urbanized and developed area of the City of Morgan Hill. Development of the proposed project would not be expected to result in substantial adverse impacts to human beings, either directly or

West Hills Community Church Project
Initial Study/Negative Declaration

April 2025
indirectly. The potential for substantial environmental effects on human beings is addressed within this IS/ND and all impacts have been identified as less than significant.

As such, a less-than-significant impact would result.

Appendix A
Air Quality and Greenhouse Gas Modeling Results

Appendix B
Biological Evaluation Addendum

Appendix C
Preliminary Hydrology Report

ORDINANCE NO. _____, New Series

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MORGAN HILL APPROVING A ZONING AMENDMENT

FOR A PLANNED DEVELOPMENT WITH MASTER PLAN
(ZA2024-0001) FOR A 5.75-ACRE SITE LOCATED AT
16695 DEWITT AVENUE (APN: 773-09-011)

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

SECTION 1. The proposed amendment is consistent with the General Plan, Zoning Code, and any applicable specific plan or area plan adopted by the City Council.

The project complies with, but is not limited to, General Plan Goal CNF-6 in that the expansion of the West Hills Community Church facility will support the current and future needs of the community. It complies with the intent of the Open Space land-use designation by keeping the expansion of the facility within the current developed footprint, reducing the existing impervious surface coverage and adding more landscaping, and advances the goals of the General Plan Policy HC-3.4 and Bikeways, Trails, Parks and Recreation Master Plan in achieving a new trail connecting for the community.

SECTION 2. The proposed development is superior to the development that could occur under the standards applicable in the existing zoning district.

The proposal is superior in that it allows for investment in the site as the current zoning would not allow the remodel and expansion of the existing church facility. New development and remodels ensure the health and safety of the structures by ensuring that structures meet current building codes. The project will also update the facade of the existing workshop hall and remove temporary modular buildings and structures with new structures that have enhanced architectural features.

SECTION 3. The proposed project will provide a substantial public benefit(s) as defined in the Municipal Code. The public benefit provided shall be of sufficient value as determined by the Planning Commission to justify deviation from the standards of the zoning district that currently applies to the property.

The project incorporates a public access easement over their property to allow for the future construction of a public trail that will advance the goals of the General Plan Policy HC-3.4 and Bikeways, Trails, Parks and Recreation Master Plan in achieving a new trail connection for the community. This easement is required to be recorded within one month of the adoption of this Ordinance.

SECTION 4. The Site for the proposed development is adequate in size and shape to accommodate the proposed land uses.

The site is elevated on the west hills of Morgan Hill and tucked away from immediate neighbors. The Master Plan demonstrates adequate size and shape to accommodate the remodel and expansion of the facility to work on the proposed site. An administrative Design permit will be required for the new buildings. Future additions or modifications deemed to be in substantial conformance by the Development Services Director shall not require an amendment to this Planned Development or Master Plan.

SECTION 5. Adequate transportation facilities, infrastructure, and public services exist or will be provided to serve the proposed development.

The site access will remain with improved on-site circulation. As analyzed within the Initial Study for the project, there is adequate infrastructure and public services to serve the use expansion.

SECTION 6. The proposed development will not have a substantial adverse effect on the surrounding property and will be compatible with the existing and planned land use characteristics of the surrounding area.

An initial study and negative declaration prepared for the project analyzed the master plan development and concluded that the project would not have a substantial adverse effect on site or to surrounding properties. The site has been operating as a place of worship and assembly for over 70-years and plans to continue that use. The new structures as proposed are compatible to the surroundings.

SECTION 7. Findings required for the current approval of a zoning Map amendment can be made such as consistency with the General Plan and that the proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

The project is consistent with but not limited to General Plan Goal CNF-6 and HC-3.4. An initial study was prepared for the project and concluded the project will not be detrimental to the public health and safety. The current site use is for a place of worship and assembly. The project is remodeling and expanding the existing worship center and replacing the temporary modular classroom buildings with one larger permanent structure. As the use remains the same and the total expansion is 6,466 sf and should not conflict with the public interest or convenience.

SECTION 8. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development

will comply with the zoning code and General Plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

The site is suitable in design, location, shape, and size to accommodate the uses allowed in the planned development and master plan as the use will remain and the expansion is for 6,466 square feet on the 5.75-acre site.

SECTION 9. The request was considered by the Planning Commission at its regular meeting of August 12, 2025 where the Planning Commission recommended approval of the Zoning Amendment for a Planned Development with associated Master Plan, ZA2024-0001: DeWitt – West Hills Community Church, and the Planned Development Standards with Master Plan described in Attachment A are by this reference incorporated herein. The City Council accepts the recommendation of the Planning Commission.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON THE 3rd DAY OF SEPTEMBER 2025, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON 17th THE DAY

OF SEPTEMBER, AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH THE LAW BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
_________________________ _______________________________ MICHELLE BIGELOW, City Clerk MARK TURNER, MAYOR