Morgan Hill City Council
March 18, 2026

term of this Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City.

B. Signatures. The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities. ///
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Signatures on the Next Page
DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

C. Conflicts. In the event of a conflict between the terms and provisions of this Fourth Amendment to Agreement and the terms and provisions of the Agreement or any earlier amendment, the terms of this Fourth Amendment to Agreement shall govern and control.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM: COMMUNITY CHRISTIAN
City Attorney By:

Donald A. Larkin
Print Name
Date:

Print Name and Title of Signer.

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

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer,, or
Assistant Treasurer
March 22, 2022 March 22, 2022 Kyle Windsor, Senior Pastor Kyle Windsor, Senior Pastor DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D 8/11/2022
8/12/2022 8/11/2022

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6

THIRD AMENDMENT

TO LEASE AGREEMENT BETWEEN

THE CITY OF MORGAN HILL AND COMMUNITY CHRISTIAN
This THIRD AMENDMENT (Third Amendment) to the LEASE AGREEMENT (" Lease Agreement") between the City of Morgan Hill, a municipal corporation (" City"), and Community Christian, a nonprofit corporation formerly known as First Baptist Church Morgan Hill ("User"), sets forth the respective roles of City and User in regard to use of City facilities and is made and entered into as of ii/a/ zozo , 2020 (" Effective Date"). Throughout this Amendment, City and User are referred to collectively as the " Parties" and individually as a " Party."

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Third Amendment to Lease Agreement is entered into pursuant to the action of City Council taken on February 7, 2018.

2. Parties entered into that Lease Agreement made as of March 12, 2018, for the use of the City facilities described in that Lease Agreement.

3. On March 5, 2018, First Baptist Church of Morgan Hill formally changed its name to Community Christian.

4. Parties entered into a First Amendment to the Lease Agreement made as of December 20, 2018 First Amendment") and entered into a Second Amendment to the Lease Agreement made as of April 25, 2019 (" Second Amendment").

5. The Lease Agreement and the First and Second Amendments thereto are attached as Exhibit 1" to this Agreement and made part of and incorporated herein.

AGREEMENT

1. Amendments. All terms and conditions of the Lease Agreement, as amended, as attached as Exhibit " 1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 1. Term shall be amended and replaced in its entirety by the following:

1. TERM
The term ofthis Agreement is effective from the Effective Date to June 30, 2023 Termination Date"). The term ofthe Agreement maybe extended for up to one additional year by mutual consent ofthe Parties, and City's City Manager is authorized to extend the term ofthis Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City. User understands that City is contemplating the sale of the Premises, which may affectthe renewal term.

EXHIBIT 1
DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6

2. Signatures. The individuals executing this Third Amendment represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities.

3. Conflicts. In the event of a conflict between the terms and provisions of this Third Amendment to Agreement and the terms and provisions of the Agreement or any earlier amendment, the terms of this Third Amendment to Agreement shall govern and control.

IN WITNESS THEREOF, these Parties have executed this Third Amendment on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST:

DDcuSigned by:

I,, 1( 1 644 ( 6"'
CQuterWkiuty City Clerk
Michelle Bigelow
Print Name
Date: 11/ 4/ 2020
APPROVED AS TO FORM:

DocuSigned by:

Donald A. Larkin
Print Name
Date: 10/ 29/ 2020

CITY OF MORGAN HILL
RDocuSigned by:
7{
t" - rwtux
C mama D...

Christina J. Turner
Print Name
Date: 11/ 4/ 2020

COMMUNITY CHRISTIAN
DocuSigned by:

I h, ( Ali ' ir
B WAD...

Kyle Windsor
Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Date: 11/ 12/ 2020
Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 J2- 0,- 19-, a29

SECOND AMENDMENT

TO LEASE AGREEMENT BETWEEN

THE CITY OF MORGAN HILL AND COMMUNITY CHRISTIAN
This SECOND AMENDMENT ( Second Amendment) to the .LEASE AGREEMENT Agreement") between the City of Morgan Hill, a municipal corporation (" City"), and First Baptist Church Morgan Hill doing business as Community Christian, a non- profit corporation User"), sets forth the respective roles of City and User in regard to use of City facilities and is made and entered into as of April 25, 2019 ("" Effective Date"). Throughout this Agreement, City and User are referred to collectively as the " Parties" and individually as a " Party." The City and User entered into that Lease Agreement made as of March 12, 2018, for the use of the City facilities described in that Agreement. The City and User entered into a First Amendment as of December 20, 2018. The lease Agreement and the First Amendment are attached as " Exhibit " 1" to this Second Amendment and made part of and incorporated herein.

1. AMENDMENT:

Now, therefore, for mutual consideration the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, the Parties hereby agree, all terms and conditions of the Agreement, as amended and attached as Exhibit " 1" shall remain in full force and effect, except that the following amendment shall be made as set forth below:

A. Paragraph 1. Tenn shall be amended and replaced in its entirety by the following:

1. TERM
The term ofthis Agreement is effective from the Effective Date to December 31, 2020 Termination Date"). The term ofthe Agreement may be extended for up to three and one- half years by mutual consent of the Parties, and City' s. City Manager is authorized to extend the term ofthis Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City. User understands that City is contemplating the sale ofthe Premises, which may affect the renewal term.

B. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities.

C. CONFLICTS. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the Agreement or any earlier amendment, the terms of this Second Amendment to Agreement shall govern and control.

DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A454389- 3836- 4DC0- 9021- 929599F80AF6 CG
tcw
IN WITNESS ' I'H ERE, OF, these Parties have executed this Firgl Amendment on the day and year shoAlm below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS;
1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT1 AND ( 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTE
City Cler / lerc De ity City C1C
Michelle Wilson
Print dame
Date: fi I I I &I
APPROVED AS TO FORM:

Cfiy Attorney
Donald A Larkin
Print Name
Date:

CITY OFMO., N ILL
City 1\ 4 sager ager
Christina Tumer
PiintNarne
Date:
1 _
a5
Community Christian
By:

Print Xame and Title of Signer.

If Corporate: Chairman, President for
Vice President
By:

Print Name and/ ritle of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
AssistantTreasurer
Date:

DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 FIRST AMENDMENT TO 'TH$E. LEASE AGREEMENT BE'T' WEEN

THE CITY OF MORGAN WILL AND COMM UNITY CHRISTIAN
This FIRST AMENDMENT TO AGREEMENT (" FIRST AMENDMENT") NT is made and entered into as ofthis 2s7 da of 'C ra gNA82Ul8 the EFFECTIVE DATE by and between the CITY OF MORGAN HILL,, a anumcipal .corporation (" CITY") and the FIRST BABTIST CHURCH MORGAN MILL DOING ;BUSINES AS COMMUNITY CHRISTIAN (" USER"), a California non- profit corporation.

ITEC- ITALS
The Parties intend that the following recitals are a substan AMENDMENT: tive part of this FIRST

1. This FIRST AMENDMENT is entered into based upon City of Morgan Hill City Council action taken on Dec eornbac 2•
AGREEMENT" ). CITYand USER entered an Agreement for the lease ofthe E1 Toro Youth Center Building The AGREEMENT is attached as E bit "B" to this FIRST AMENDMENT and incorporated herein by this reference.

AGREEMENT
FOR GOOD AND VALUABLE CONSIDERATION, TIDE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE PARTIES HERETO, THE PARTIES FURTHER MUTUALLY AGREE AS FOLLOWS:

Parties agreeT Amendments: Pursuant to the provisions of Section 9 of the AGREEMENT, :the that all ofthe terms and conditions of the AGREEMENT attached hereto as E ee xhibit
B , shall remain in full force and, effect except that'the parties hereto agree that the following B follows endments shad be made and incorporated into the AGREEMENT, as amended to date, as A. SECTION 1. 2 ofthe AGREEMENT, shall be amended to read in its entirety as follows:

1. 2 Termination of A eemmemt This Agreement may be terminated by either Party hereto for any reason upon thirty (30) days written notice to the other Party. City' s City Manager is authorized to terminate this Agreement on behalf of City. ty t1h2e, C Should the Iease agreement be terminated prior to ten years from the Effective Date tY Shall pay the User up to a maximum of $20,000 for improvements made for by the User during the agreement term. andcificall s t spe y approved in Exhibit A, so long a§ the User has provided the City proof of payment for the improvements and improvements have been should the
in
ement be terminated
with
r sale of

2.6. shall not be required.

Premises to the User.

DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 IN WITNESS WHEREOF, the parties to this. FIRST AAffiNDMENT have executed this AMENDMENT to be effective as of the EFFECTIVE DATE first set forth hereinabove.

ATTEST:

Michelle Wils D p City Clerk
Date --( 2,- I 7A IV
APPROVED AS TO FORM:
n Donald Larkin, City Attorney Date: _% -.: 2o - I k

2. CITY OF MORGAN
Christina Turner, Ci anger
Date: 2.

FIRST BABTIST CHURCH MORGAN HILI:

DBA COMMUNITY CHRISTIAN:

By: -; J
Title: n Dx f , f
Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Dater % ' ra,0,
By:

Title: _ f
Print Name and Title of Signer.

IfCorporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: 4 f ) 8'
DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 Exhibit A
List of Approved Improvements
l'. Replacement ofwindows, window frames, and wail areas associated with windows,.

2. Floor coverings.
3; Structural repairs, including relocating Implacement ofwalls, improvements to ceilings and

4. Other improvements specifically intended to support the capital improvements intended to last for over 14 years, approved in writing by the City' s Community Services Director. 3 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 EXHIBIT " 1"

LEASE AGREEMENT

BETWEEN THE CITU OF MORGAN BILL AND

COMMUNITY CHRISTIAN
This LEASE AGREEMENT (" Agreement") between the City of Morgan Hill, a municipal corporation City"), and First Baptist Church Morgan Hill doing business as Community Christian, a non- profit corporation (" User"), sets forth the respective roles of City and User in regard to use of City facilities and is made and entered into as of 64 A 61,411 1 2011 (" Effective Date"). Throughout this 11 Agreement, City and User are referred to collectively as the " Parties" and individually as a " Party." NOW, THEREFORE, for mutual consideration the receipt and sufficiency of which is hereby acknowledged by the Parties hereto, the Parties hereby agree as follows:

1. TERM
The term of this Agreement is effective from the Effective Date to June 30, 2019 (" Termination Date"), The term of the Agreement may be extended for up to five years by mutual consent of the Parties, and City' s City Manager is authorized to extend the term of this Agreement upon the same other terms and conditions contained herein on the Effective Date on behalf of City. User understands that City is contemplating the sale of the Premises, which may affect the renewal term. 1. 1. Holding Over. If User or any assignee or sublessee thereof continues to occupy the Premises after the term of this Agreement has expired or terminated in any manner and City has not objected thereto, such holding over shall be deemed a month to month agreement terminable on thirty ( 30) days' notice given by either Party (the " Hold -Over Agreement") on the same terms and conditions as provided in this Agreement:

1. 1. 1
Notwithstanding the foregoing, nothing contained in this Agreement shall give User any right to occupy the Premises at any time after expiration of the term of this Agreement or its earlier termination. User acknowledges and agrees that upon such expiration or termination, it shall not be entitled to any relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California ( Paragraphs 7260 et seq.) or pursuant to any other laws or regulations with respect to any relocation of its business or activities upon the expiration of the term of this Agreement, upon its earlier termination, or upon the termination of any holdover tenancy pursuant to this paragraph. User hereby waives and releases to City all rights, if any, to which User may be entitled under said provisions or other law or regulations.

1. 1. 2 If User or any assignee or sublessee thereof shall continue to occupy the Premises after the term of this Agreement has expired or is terminated in any manner and City has objected thereto, then City shall be entitled to reenter the Premises and enforce any other right available to it under the laws of California or the provisions of this Agreement.

1. 2
Termination of Agreement. This Agreement may be terminated by either Party hereto for any reason upon thirty (30) days written notice to the other Party. City' s City Manager is authorized to terminate this Agreement on behalf of City.

2. PROPERTY USE

2. 1. The Premiises. The Parties hereto acknowledge that City is the owner of The EI Toro Youth Center facility located at 17620 Crest Avenue, Morgan Hill, CA 95037 (" Premises"). City desires to DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 use the Premises as a non-profit service center (" Center'!). The Premises Enhibit A. further described in are rt 2- 2.

El Toro YOqh Center Policy. The parties hereto acknowledge that a 2018 Policy Statement Of City' s City Council regarding the use of the El Toro Youth CenterFacility at the Premises states: The purpose ofthe' 131 Toro Building is to enhance the quality Of community life. It is the City' s . intent to provide subsidized space at the facility for non-profit organizations that strive to meet an identifiable, social service, Community need. The El Toro Youth Center Building is not intended to serve as a rental, event, or recreation center that directly competes with existing city services. The City Council anticipates partnering with organization leveraging resources to provide service to ( s) that, recognize the value in the CommunAT Partner organizatiou( s) shall support providing community -wide services And manage the facility in a manner that helps to support the adjacent Crest Street area. The City Council recognizes the fact that the' future need for and use of the facility may need to evolve overtime and intends to formally review the facility's purpose and tenants every five years.' ( the goals set forth by the City Council Policy Statement are collectively referred to herein as, the "Policy".)

2.3. Permitted .Use. City agrees to permit User to use the Premises to provide, services to the. community (" Program"), for the purposes, in the locations and manner, and subject to the terms and conditions described in this Agreement in fulfillment of the Policy. User shall not use or permit the Premises to be used for any other purpose without City' s prior written consent, which consent may be granted or withheld in City' s sole discretion.

2.3. 1 It, is further the Intent of this lease to require the User to provide space to other tenants, as further described herein in this Agreement, who also provide services to the community Subtenants). All subtenants must meet the eligibility criteria established in the El Toro youth Center policy adopted by City' s City Council in February 2018 to be considered for tenancy at the i User managing and allowing non- profit uses for former Friendly Inn tenants Is a specc consideration for the reduced rent proltided for in this Agreement.

2. 3. 2 User shall accommodate use by other non -profits, including Alcoholics Anonymous (AA) and Narcotics Anonymous ( NA).

User shall be allowed to charge NA and AA rent ata level equal to the current use fees paid by those organizations to the User.

Rent for NA shall be $ 280 per month.

Rent for AA shall be $ 300 per month.

2.3. 2. 1 AA and NA shall be provided at least the main conference room or an alternative space for the scheduled meetings currently occurring. Meeting schedule is attached as Attachment 1. Alternate locations to be approved by NA or AA. New meeting times or changes to meeting times to be approved by User,

2. 3.2. 2. AA and NA to be provided 50 square feet of locking storage space within the El Toro Youth Center.

2.3.2.3. User shall be allowed to sublease to other organizations with written approval from the City.

2. 3. 3 City shall be entitled to 20 use hours per year for meetings and programs at the facility during times not in use by User, NA or AA. City may utilize additional hours at established fees to be negotiated by the Parties. 9 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6

2. 3.4 User shall provide to City an annual report on operations. Report to include: o Programs/ activities offered o Program costs for participation o
Financial assistance provided o
Demographic information Including location of youth served (if possible)

2.3. 5 Parking for the El Toro Youth Center is available at the adjacent Gaivan Park public parking lot. Participants in programs offered out of the EI Toro Youth Center shall be allowed to park in thepc
but will not have any priority over general members of the public utilizing the 2:3.6 Compliance with "'No Smoking Lawn" ( 2003 Assembly Bili 846) User shall ensure that the with Premises sectionare7596), in compliance as may with Government Code Title 1, Division 7, Chapter 32 (commencing amended from time to time, and, if necessary,, shall modify the Premises to comply with the law and the regulations promulgated to implement 2003 Assembly Bill 846, as well as Morgan Hill Municipal Code Chapter 8.44.

2. 5: :" As Is" Condition. User accepts the Premises permitted for its use under the Agreement in its present condition, " as is" and subject to (1) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances, and ;other matters of record, (2) all matters discoverable by physical inspection of the Premises orthat would be discovered by an accurate otherwise, The talon of User has notice constructive or survey of the Premises, an
ossess l of the
User or of
whichn g p (
3) all matters known '
Premises shall in itself, co r
constitute by
undertake rations, or ctpr vements to the Pre
t Ci not agreed tc
User that the Premises is in a conditions o for its u City has provided In this Agreement. User specifically acknowledges p specifically rtalte any modifications alterations, oe im
mesas except as s ecific
p Y g . that, except as otherwise may be.

Premises, the i ed herein,. City has made no representations concerning the condition of the expressly p
p Y proved
fitness of the Premises for User' s intended use, or the compliance of the Premises with handicapped person, including, without limitation,
taws; regulations,
s iIth
lines
an federal, ate or local building codes or ordinances
regardingdisabled or bandit g the Americans with Disabilities Act of 1990.

2. 6. Maintenance Repairs and Alterations User shall, at its own cost, keep and maintain the interior and exterior of the Premises including, but not limited to, all fixtures, in good repair and condition. lawful Mi all exterior landscaping, caping, all' windows, the mechanical, plumbirgfre sprinklers, and electrical equipment serving the Premises, and the structure itself in reasonably Useshall good order and condition, excluding normal wear and tear, caused by User. Damage by of rh repaired by User at User' s expense. The standard of maintenance shall be equal to that y office buildings of a similar class in Morgan Hill. Proof of maintenance of systems must alarm be submitted system. to the City quarterly, including but not limited to fire backflow, fire sprinklers, and fire

2.6.1: City Inspections. A minimum of quarterly maintenance inspections of the Premises will be conducted Y the City, er in a mannIf after thirty (30 ler. addresswritten
deficiencies outlined to the inspection reports
om City, User failed to commence and diligently pursue completion of) no
any and all maintenance,
nte, eplacement,
s
and repair which may be required to restore the Premises and any of its fixtures, equipment, and mechanical systems as' a result of the neglect of or loss or damage caused by User or any of 3 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 its officers, employees, agents, invitee or licensees
have the
orw
or otherwise results from User's use ses, then
maintenance,
replacemenf the it, and repair at User' s expense and User but not
l
duty, to perform such,
costs promptly upon City' s written demand. The
City for.such
City shall,
Unless
event, be construed ty,
of maintenance and repair
re
Cit shall in no ev , d as a waiver of User's du to maintain and repair P City' s written approval has been first Y
it as here
ed in each instance, User shall not
alter the point of supply of any utilities in the Premises. User shall indemnify, defend, and hold City against ' g Y ' lure to com ly armless Ci
a ainst all actions claims, and damages b reason of User' s fay p with and perform' the provisions of this section. Within one week of the effiective' date of this agreement an initial tion e conducte condition of the pemises. cConditionslboutl outlined in the initial pepremection
lse and to
ection shall
identify the existing, P not be noted as deficiencies in future inspection, reports written permission ,, Improvements,
ditions or improvements to the Premises P
rations. User may make no without r wr of City. plomust be approved by the City' s Alterations.

Community Service, Community p o written requests foralterations, s Director. The Com, .
q (
Building alteratio s, additions or improvements within 30 days. All required it muni Services Director shall respond t Y q d permit fees
furnished in an repairs or an
pay furnished abor done and materials Permits),are
y permitted alterations additions, or'
1! I
y
responsibility of User. User shall a for a
Premises. Upon User' s completion of any improvements within.the Premises, User shall furnish to City a set of reproducible, finai as built' drawings of any and, all such alterations, additions, or P waives the right to matte repairs at the expense of City or, in lieu thereof, to vacate the Premises, and waives the benefit of the provisions of Paragraph 1941 and ogheeafte Californi Civil Code or anysuccessor statute thereto and an other similar law now

2.6; 3 Liens or Encumbrances.
chatsoever by or through User, l
and clear of any liens or encumbrances of an kind,
any such liens or
encumbrances are filed, User shall not be deemed to be in default if,such liens orencumbrances g option, sq City shall have the right and o tion but not the duty, to pay or otherwise if User fails to da
ave been
film thereof.,
re discharge, stay or
remove of record within forty-five 45 days of the
prevent have waived the execution of any liens or encumbrances. In such event, City shall not be deemed to reimburse City for all sums expend dsin connection with such liens or A reement+ and Usershall City' s right
cumbrances, including
30 days after City' s written demand for y such rpayments, fees, lco a due and payable ten City' s reasonable attorney' s fees and cost f V n 5t5.
e. User not nor permit to
Premises, or arty on anylnuisances or illegal activities the Premises. any waste upon the
Use s User' s Property. Any and all property belonging to or brought onto the Premises by Y employees, la personal property of
the sole .risk of or an of its officers, em to ees agents, invitees, or licensees shall be User. User is herebyadvised and understands that the p p tenants, y ' f User, and any of its y y g Y es no liability for such loss. Subject to Cit sh ht of approval, User may lace and in for either damage or loss and the Cit assumes 1 V' g Pproval YP stall trade fixtures and other personal property use User. User she
operations hereunder and the same shall and remain
Premisess or use in connection with its o
p
of repairing any damage to the Premises or any other improvements of City which for the cost. property It however, be responsible
h are caused by the removal of any such trade fixtures and personal property. Notwithstanding the foregoing, however, if User shall at any time be in default hereunder, then City shall have the benefit of 4 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836-4DC0- 9021- 929599F80AF6 any Statutory liens on User' s property, 16 ' cated in the Premises which are available to City under the laws of the State of California and User shall not remove or permit the removal of'an , y of such property until all amounts secured by such liens have beenI paid and all other defaults
under this Agreement have been cured.

2. 6. 6, City s tight to EntpL, City and its designated agents, siall have the right to enter any andI
all part or spaces on the Premises at any reasonable time for nspection, maintenance, repair attending to emergencies or any other reasonable purpose.

2. 7. Rules and Reaulatlons, User covenants and agrees to observe and comply regulations of Cityincluding all safetysecuritand oationshwiteatwhi now exist or may hereafter bepromulpted from time to time, governing conduct on and operations at the Premises and the use of facilities At theCenter. User further covenants and agrees to observe and comply with any and all valid and applicable requirements of all d , uly-ponstituted''public authorities and with all federal, State,and local statutes, ordinances, and regulations appli cab le to, User, the PremisesorCity; User agrees, to, pay or reimburse City for any fines which may be assessed against City as a result I oft violation by User of any applicable Security regulation at City, which payment shall be made by User within fifteen ( 15) days from receipt of'C!tVs Invoice for such amount.

Documentationshowing that payment of such fine Is User' s responsibility hereunder:

2. Waiver of Damage. User h6rel y expressly waives and releases any cause of action or right of recovery for compensation for any and all loss or damage sustained by reason of any fire, defect, deficiency, or impairments of any of the services in or to the Premises or City, including, but not limited to, 1): electrical power, gap, telephone service, steam, heatin'g, air conditioning, water supply, drainage, or sewage systems2) from wires leading to or inside ofany space or' structu I re, or 3) by, reason of any loss resulting from the failure of any such' system or fa ' Y' is due to the sole negligence or willful misconduct cilit unless such loss or damage conduct Of City or its officers, agents, or employees,

2. 9. End of Term, At the end of the term or upon the earlier termination of this Agreement, User shall deliver to City Possession of the Premises and all of the fixtures and equipment of City in their original condition In all respects, reasonable use and wear excepted. User agrees to reimburse Cit I
y for the cost of
11 any a Iterations", :replacement, repairs or cleaning required to restore the same to such condition provided, however, in the event User has caused any afterations, additions, or improvements to be made to the Premises, including, but not limited, to the addition, relocation, or removal of partitions and doorways ( which such alterations or improvements shall be made at User' s c cost and onlywith the prior express written approval of City in each instance), City may elect, with respect to each such alteration, addition.. or improvement, to accept it as it was at the time it was made or constructed, reasonable use and wear excepted, or to require the same to be restored to its original condition at User' s expense.

Momlis-crominavion. ' User covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that this Agreement is made and accepted upon and subject to the following conditions: there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, gender, sexual orientation, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, "use, occupancy, or enjoyment of the portion of the Premises herein leased nor shall User, or any person claiming under, or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, invitees, permittees, subtenants, or vendees in the portion of the Premises herein leased. 5 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6

2. 11. Hazardous Materials. User shall not keep or maintain any Hazardous Substa Premises without Cit ' s prior written 'approv I nce on or in the al. Uset' shallnot keep or have on the Premises any article or thing, of a :dangerous flammable, or eXplosive character that might unreasonably' increase the danger of fire on the Premises. User shall promptly give -notice to City of any Hazardous Substance dispersal, spill, or Hazardous Substance claim of 'which it is aware. User shall defend, with counsel acceptable to City, indemnify and hold City harmless from any and all claims, costs, damages, pprialtiet, or liabilities ' arising out of the use or release of any Hazardous Substance at, in, or on the, Premises datedfrom the time the User occupied the Premises. The term "' Hazardous Substance' as used in this Agreement shall mean any products, substances, chemical, material, or:waste whose presence, nature, quantity, / or intensity of existence, use, manufatture, dis osal, transportation, spill, release, or effect, either b p y itself ovin combination with other materials expected to be on the Premises, is either (a) potentially injurious to the public health, safety, or welfare, the environmental, or the Premises, ( b) regulated or monitored by any governmental authority; or (c) a basis for liability of City to any governmental agency or third party under anyapplicable statute or common law theory. Hazardous Substance shall include, but is not be limited to, hydrocarbons, MTBE, petroleum, gasoline, crude oil, or any products, by- products, orfractions thereof.

2. 12- 9213es Reserved Rights

2.12. 1 City reserves the right for 'itself and others to utilize and maintain existing utility easements over, under, across and through the Premises and to run water, electrical, telephone, gas, drainage, communications and other lines over, under, acrossi and through the Premises and to grant necessautility easements therefore.

2. 12.2 City reserves the xight (a) to further develop, improve, repair and..alter the Premises and all facilities and buildings as it may see fit, free from any and all liability to User for loss of business or damages of any nature whatsoever to User occasioned: during the making of such improvements, repairs, alterations, and, additions, including, but not limited to, any damages resulting from negligence of City or its employees, agents or contractors, and ( b) to establish such fees and charges for the use of the Premises.

2. 13. Destruction of lPiremises. In the event the Premises are partially destroyed from any cause, City shall have the right to repair the Premises without providing, any alternative space for User. If the repairs cannot be made within one hundre ! d eighty (180) days, this Agreement may be terminated at the option of either Party by written notice given to the other Party. In the event the Premises suffer the destru ction of more than twenty-five percent ( 25%) of the replacement cost or in the event Insurance Proceeds are not sufficient to cover at least ninety percent (90%) of the cost of repairs, City may elect to terminate this Agreement. City shall not be obligated to replace any of the User's personal property which may be damaged or destroyed.

3. FEES AND CHARGES

3. 1. Rent. As consideration for User' s use of Premises pursuant to the terms and conditions of this Agreement, User agrees to Pay to City one hundred dollars ($100,00) per . month on the Effective Dateain in
on the first of the month thereafter "during such time as this Agreement continues to rem.

3. 2
Building Service Charges. User shall pay all Builclinl; Service Charges. " Building Service Char es" shall include charges and fees for utility charges (electricity, water and sewer), trash

1.1 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 collection, if any, Property insurance premiums for the Premises, personal property taxes, reception services operation of community rooms, and cost of on- site personnel employed by the User, if any; to implement maintenance or services. User shall be responsible for obtainingand paying for any other Utilities (including, without limitation, telephone, cable, wireless Internet service) as is necessary for User' s use of the Premises.

4. INSURANCE REQUIREMENTS. Useushall procure and provide proof of the insurance Coverage required by this section in i m of certificates and endorsemehts. The required insurance must cover the activities of Userncluding liability for damage or Injury to the property or person ( including, death) of any User or invitee of User or any other person entering upon or using the Premises, or any structure thereon, or any part thereof, and arising from User's use and occupancy thereof, and must remain in full force and effect at all times during the period covered by this Agreement, The coverages may be arranged under a single policy for the full limits required or by a combination'of underlying policies with the balance provided by excess or ' umbrella" policies, provided each such policy complies with the requirements set forth herein. User further understands that City reserve ' s the right to modify the insurance requirements set fo ' rt herein, with thirty (30) days' notice provided to User, at any time as deemed necessary to protect the interests of City.

4. 1. Insurance t es and Amounts.

4. 1. 1. Commercia[ Gerierall.labikftK199i1 User shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protect'ion, in the minimum amount of.

I) one million dollars ($ 1, 000, 000. 00) for bodily, injury or death to a ny one person for any one accident or occurrence and at least five hundred thousand dollars ($500,0oo.o6) for property damage, or (!I) the maximum amount of such insurance available toUser under User' s combined insurance policies ( including any excess or " umbrella' policies), whichever is greater.

4. 1. 2. Automobile Liability,. User shall maintain Automobile Liability covering all owned, non - owned, and hired automobiles ( if User doesriot own automobiles, then Non- owned Automobile Liability) against claims and liabilities forersonal, Ulinjury, death, or property damage providingprotection in the minimum amount of: (1) one million dollars 1, 000,000.00) for bodily injury ordeath to any one person for any one accident or occurrence and at least five hundred thousand dollars ($ 500, 000. 00) for propert property damage, frl or (H) the maximum amount of suchinsurance available to User under User' s combined insurance policies including any excess or ' umbrella" policies), whichever is greater.

4. 1. 3. Workers' Compensation Insurance and Employer' s Liability, User shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (I) one million dollars ($ 1,000,000.00) for anyone accI ident or occurrence, or (ii) the maximum amount of such insurance available to User under User s combined insurance policies (including any excess or umbrella" I policies), whichever is greater. If User is self-insured, User shall provide its Relations
Certificate of Permission to Self -insure, duly authorized by the Department of Industrial

4. 164. Othe Liability Insurance If the User' s activity outlined in Section 2.3 ( Permitted Use) involves contact with minors, Usershall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (I) one million dollars ($ 1, 000, 000. 00) each claim, or (il) the maximum amount of such Insurance available to User under User combined insurance policies ( including any excess or " umbrella" policies), whichever is greater.

DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF 6

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

4. 2. 1. General Liability,

4. 2. 1, 1, The City of Morgan Hill, Its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as ad I
ditional insureds;

4.2. 1. 2. the insurer waives the right of subrogation against the City of Morgan Hill and the City's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and,

4.2- 1-3. insurance shall be primary non-contributing.

4. 2. 2. Workers Compensation.

The insurer waives the right of subrogation against the CV elected or appointed officials, boards It of Morgan Hill and the City's volunteers. agencies, officers, agents, employees, and

4. 3. Otipallficationo Insurers. All in
required pursuant to this Agreement must be issued by' a company licensed and a ' dmitted ', or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a I
current A.M. Best' s financial strength 'rating of "A" or better and a financial size rating of 'Vill' or better.

4.4. Certificates, User shall furnish City with copies of all policies or certificates as Outlined herein, whether new or modified, promptly upon receipt. NO Policy subject to this Agreement shall be canceled or materially changed except after thirty (30) days' notice by the Insurer to City. Certificates, including renewal certificates, may be mailed electronically to ris]([email protected] or delivered to the Certificateflolder address as follows:

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

5. INDEMNIFICATION
User agrees to indemnify, defend, and hold harmless City, ' its governing board ( includingo without limitation, members of the City Council), officers, employees, and agents, including the Manager in its functional theagent of City, from and against all liabilities, losses, suits, claims, demands, judgments, damages, fines, penalties, -costs, and expenses ( including attorney' s fees and costs), which may be incurred by, charged to, or recovered from any of the foregoing (I) by reason or on account of damage to or destruction of any property of City, damage to any property of, injury toor death of any person resulting from or arising out of the User's use, operation, occupancy, or maintenance of the Premises or any improvements thereto, or the actsor Omissions of User' s officers, agents, employees, contractors subcontractors, invitees, subtenants, or licensees, regardless of where the damage, destruction, injum' or death occurred, unless such liability, loss, suit, claim, demand, judgment, damage, fine, penalty, cost, or expense was caused by City' s sole negligence or willful misconduct, or (ii) arising out of .the failure of User to keep, observe, or perform any of the covenants or agreements in this Agreement to be kept, observed, or performed by User. In carrying out its obligations hereunder, User shall use counsel, reasonably acceptable to City's City Attorney. The provisions of this Paragraph shall survive the 8 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 expiration or earlier termination of the term ofthis Agreement The
q. ACCESS
Premises
during

DISCLOSUK
have
the
not
term
undergone
of this Agreement.
an inspection by
with respect to any acts or
a Certified Access Specialist ( CASp), andI
a disability
accessinSp ection certificate, as described in,subdivision (e) of Section 5'5. 53 of the California Civil Code, has not been issued for the Premises. In accordance with Section 1938 of the California Civil Code, Tenant of the following: " A Certified Access: Specia list (C -ASP) cap inspect the subject premises and determine whether t L
he subject premises comply with all of the applicable construction -related accessibility standards under state Iaw.,Although stat,eiaw does not require a CASp inspection of the subject obta ' premises, the commercial property'owner or lessor 'may not prohibit the lessee or tenant from g a CASp inspection of the subject premises for the occupancy or po I
tential occupancy of the lessee or,tenant, if requested by the lessee or tenant. The parties shall mutua I
Ily agree on the
arrangements for the time and manner of the CASA inspection, the payment of the fee for the CASA. inspection, and the cost of making any, repairs necessary to correct violations of construction -related accessibility standards within the premises." Accordingly, the Parties hereby agree that Tenant shall have the right, but not the obligation, to have a CASp inspect the Premises and determine whether the Premises complies with all of the applicable construction related accessibility standards under state law.

If it is determined that the Premises do not meet all applicable construction -related 'accessibility standards, then Tenant shall promptly make, as soon as reasonably possible, but subject to Section 10 hereof, any repairs necesslary to correct violations of co,nstruction-related accessibility standards identified by such inspection, at Tenant' s sole cost and expense.

7. DEFAULT
in the event that (a) User or any of its officers, employees, agents, Invitees, subtenants "or licensees violates any other term, covenant or condition of this Agreement and such violation continues beyond thirty (30) days after City has given written notice thereof to User, or If the nature of the cure of such term, covenant or condition reasonably requires more than thirty (30) days to remedy, if User does not commence the cure of such term, covenant or condition within such thirty (30) day period and diligently pursues such cure to completion thereafter, ( b) User ceases to use the Premises or to operate its services as set forth in this Agreement beyond ten ppointed itygwritten notice to resume operation, or (c) if a trustee or receiver is atotake possession of substantially all of User's assets located in the Premises or of User's' interest in this Agreement, where possession is not restored to User within thirty (30) days, then in any such event User Will be:in default under this Agreement. On the occurrence of any such default, City may elect to terminate this Agreement (which termination shall only be evidenced by,a:written notice of termination from City to User) and resume possession of the Premises, thereafter using the same for Its own purposes without having to account to User therefore, and User shall immediately return to City all unexpended and unencumbered funds vided to User by City undert,his Agreement.
a. WAIVER
The waiver by either Party of a breach by the other Party of any agreement herein shall not be deemed to be a waiver by that Party of any covenant of this Agreement. Such waiver by either Party shall not constitute a waiver of any future breach by the other Party of the same or other covenants of this Agreement,

9. AMENDMENTS
Amendments to this Agreement may be made by written mutual agreement between the Parties.

DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6

10. AtSIGNMENT A14D SUBLETTING
Except as otherwise provided herein., User may not assign this Agreement or any of the rights granted to it hereunder or sublet the Premises or any portion thereof without the prior written consent of the City. Subtenants El Toro Youthmust Center- meet the eligibility criteria established in the PolicVto be considered for tenancy at the il. SUC ' CESSORS' A?Jll) ASSIGNS.

This lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assig I
ns of , User.
22- DOCUMENT REVIEW
Usthe Program available forainspectonto to . er will, upon reasonable dvance writteCityn notice from City, make books and other documents relating

NOTICES
Any notice or instrument We required Or permitted to be given hereunder shallbe deemed received upon t days afterdeposit in any United States mail depository, first class n
prepaid and addressed to he party for whom intended. ostage For City: City Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Copies to: City Attorney
City of Morgan Hill
17575' Peak, Avenue
Morgan Hill, CA 950,37
For User; Community Christian
305 W. Main Avenue
Morgan Hill, CA 95037
Correspondence other than notices may be given by phone, regular mail, email or facsimile through the Community Services Director or his or her designee,

14. SEVERABIUTV
The partial or total Invalidity of one or moreparts of this Agreement will not affect the intent or validity or remaining parts of this Agreement.

15. JURISDICTION; GOVERNING LAW
Jurisdiction over any disputes arising out of this Agreement shall be vested In the courts of the County of Santa Clara, State of California, and the provisions of this Agreement shall be interpreted under and according to the laws of the State of,Califprnia.

16. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof, and any representation or statements heretofore or contemporaneously made with respect to such subject matter, whether oral or written, are merged herein. 10 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 38364DC0- 9021- 929599F80AF6

17. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

19. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective entities. rrr
11 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 year shown IN WITNESS below. THEREOF, these Parties have executed this Agreement on the day and AS ' SET FORTH IN CA, CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
2) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER,OR ASSISTANT TREASURER, ATTEST.

I y Cie DD City erk
Michelle Wilson
Print Name
Date.

APPROVED AS TO FORM:

Ci Pkfto6mey i
Donald A. Larkin
Priiii -Mame
Date: - 3 - 5- iR
12 CITY OF MOROAftHILL
City
Christina Turner
Print Name
Date: alla&
Community Christian
By:

Ad6- vlolme
PrInt Name and Title of Sign; r.

If Corporate: Chairman, President or
Vice Preside t
Date:

By: jV
Pr nt Name and Title of Signer.

If Corporate: Secretary Assistant
Secretary, Chief Financiai Officer or
Assistant Treasurer
7/
Date: 17 // p_
DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

DocuSign Envelope ID: 8A4543B9- 3836- 4DC0- 9021- 929599F80AF6 EXhibit A
Premises
Premises are located at 17 666 Crest Avenue, Morgan Hill, California 85037 13 DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

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DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D

City of Morgan Hill
Contract Checklist
Date: ______________________________
Project Name: ________________________________________________________________ Contractor’s Name: ____________________________________________________________ Project Manager: ______________________________________________________________ Department: __________________________________________________________________ Contract Term:

Start Date/Executed: __________________________
End Date/Completed: _________________________
Insurance Attached: YES NO
$60,000 or less authorizes City Manager approval
Attach Memo Explaining Services
Provide funding source code _________________________________(ex. 010.2410.42231) $60,000 or more requires City Council approval (Attach approved staff report). $10,000 or less Department Director Approval (attach memo explaining services)

TYPE OF DOCUMENT
Amendment to Agreement – Original Contract # _______________________________ Consultant Services Agreement (Standard)
Maintenance Services Agreement
BMR Resale Agreement
Construction or Public Bid Agreement
Informal Bid Contract
Lease
Subdivision Improvement Agreement
Development Agreement
Other: ___________________________________________
Are counterpart signatures required Yes No
FPPC Required (completed by CA)
_____Yes _____No
Contract #
CONTRACTOR’S INSURANCE
To be completed by the Risk Manager:

Required? ____ Yes ____ No
Reviewed by:

Date:__________________________________
8/11/20El Toro Building Lease Community Christian Chris Ghione Community Services execution 6/30/27 ✔ ✔
✔
✔
✔
DocuSign Envelope ID: B58C3564-7A01-49B1-ABC6-A1C60033A94D no

Certificate Of Completion
Envelope Id: B58C35647A0149B1ABC6A1C60033A94D Status: Completed Subject: Please DocuSign: Community Christian -Fourth Amendment Source Envelope:

Document Pages: 25 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
17575 Peak Ave
Morgan Hill, CA 95037
[email protected]
IP Address: 68.189.124.152
Record Tracking
Status: Original
8/11/2022 4:02:34 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Morgan Hill Location: DocuSign Signer Events Signature Timestamp
Cynthia Hasson
[email protected]
Assistant City Attorney
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 47.153.131.254
Sent: 8/11/2022 4:05:12 PM
Viewed: 8/11/2022 4:06:11 PM
Signed: 8/11/2022 4:11:09 PM
Electronic Record and Signature Disclosure:

Accepted: 8/11/2022 4:06:11 PM
ID: 455d4228-eb82-4c67-9d95-52f086d8dc3b
Christina Turner
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.87.104.195
Sent: 8/11/2022 4:11:11 PM
Viewed: 8/11/2022 7:19:17 PM
Signed: 8/11/2022 7:19:55 PM
Electronic Record and Signature Disclosure:

Accepted: 8/11/2022 7:19:17 PM
ID: 3c5a6356-65a7-40fa-85e6-1e165e40d777
Michelle Bigelow
[email protected]
City Clerk/Public Information Officer
City of Morgan Hill
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 68.189.124.146
Sent: 8/11/2022 7:19:57 PM
Viewed: 8/12/2022 10:47:22 AM
Signed: 8/12/2022 10:47:25 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Chris Ghione
[email protected]
Public Services Director
Security Level: Email, Account Authentication
(None)
Sent: 8/12/2022 10:47:26 AM
Viewed: 8/23/2022 6:11:53 AM
Electronic Record and Signature Disclosure:

Accepted: 8/16/2022 12:12:08 PM
ID: ff07c3a2-613c-483b-929c-79eae910b4fd
Kim Mancera
[email protected]
Municipal Services Assistant
City of Morgan Hill
Security Level: Email, Account Authentication
(None)
Sent: 8/12/2022 10:47:27 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/11/2022 4:05:12 PM
Certified Delivered Security Checked 8/12/2022 10:47:22 AM Signing Complete Security Checked 8/12/2022 10:47:25 AM Completed Security Checked 8/12/2022 10:47:27 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Morgan Hill (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 5/29/2020 4:52:24 PM Parties agreed to: Cynthia Hasson, Christina Turner, Chris Ghione

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Morgan Hill:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Morgan Hill of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Morgan Hill
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email
to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

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6 CITY COUNCIL STAFF REPORT
MEETING DATE: March 18, 2026
PREPARED BY:

Michael Horta, Human Resources Director
APPROVED BY: City Manager

APPOINT ELISA TOLENTINO AS CITY ATTORNEY

RECOMMENDATION(S)
Approve employment agreement, appointing Elisa Tolentino as City Attorney for the City of Morgan Hill.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety and Quality of Life
Protecting the Environment and Preserving Open Space and Agricultural Land Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Strategic Priorities 2026-2027
Fiscal Sustainability
REPORT NARRATIVE:

In August 2025, the City retained Gary Phillips and the firm Bob Murray and Associates to conduct an extensive recruitment process for the position of City Attorney for the City of Morgan Hill. There were numerous applicants and a series of interviews were conducted with the candidates. This included interviews with City Council and members of the Leadership Team. Following background and reference checks, the City Council decided to hire Elisa Tolentino as the City’s next City Attorney.

Ms. Tolentino has a strong background in municipal law and substantial experience. Ms.

Tolentino has practiced law for 19 years. Ms. Tolentino currently services as Chief Deputy City Attorney for the City of San Jose with her primary assignment being a litigation attorney. She has held numerous positions such as Senior Deputy City Attorney, Deputy City Attorney and Associate Deputy City Attorney at the City of San Jose. Prior to the City of San Jose, she was a research Attorney for the Superior Court of California, County of Santa Clara. Ms. Tolentino has expertise in the Public Records Act, the Governments Claims Act, land use and CEQA, labor and employment, constitutional law, and municipal finance.

Ms. Tolentino has agreed to the terms in the attached Employment Agreement, which is recommended for City Council approval. Under this agreement, Ms. Tolentino will start

6 on April 27, 2026 with a salary of $300,000. Below is a summary of the contract terms and the City Attorney also receives the standard benefit package for Department Directors as outlined in the Management Resolution.

Contract Terms
Term of Agreement Reviewed annually, the agreement shall commence on the effective date and
terminate on June 30 of the following year
unless either (1) the term is modified
hereafter by written of the parties, (2) the
Agreement renews automatically in
accordance with the provisions of 4.3
herein.

4.3 At the conclusion of the term of this
Agreement, it shall automatically renew
each year, effective every July 1, unless
terminated by the delivery of an Election of
Non-Renewal by either party no later than
December 30 of the then current term.

Notice of an Election of Non-Renewal shall
be conveyed by written notice of the other
party.

Salary $300,000 annually
Severance 12 month salary and benefits (lump sum)
Car Allowance $6,000 annually
Deferred Compensation – City Contribution $24,500 annually (based on IRS 2026 limit) Cost of Living Increase Annually based on Urban Wage Earner Index
Vacation Accrual 160 hours annually (no maximum accrual limit)
Administration Leave 120 hours annually (no maximum
accumulation)
Sick Leave 96 hours annually
Additional Sick Leave at the time of hire 40 hours
Leave hour cash out Up to 240 hours annually
Holiday Leave 11 holidays, 2 floating holidays, 1 holiday during the furlough period.

Retirement Formula Miscellaneous Classic Member – 2.5% @ 55 COMMUNITY ENGAGEMENT:

N/A
ALTERNATIVE ACTIONS:

6 N/A
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On June 18, 2025, the City Council adopted a resolution approving an exception to the CALPERS 180-day waiting period to hire Donald Larkin as a retired annuitant City Attorney contracted through Burke Williams & Sorensen, LLP.

FISCAL AND RESOURCE IMPACT:

The cost of the agreement will be accommodated within the budget of the City Attorney’s Office.

CEQA (California Environmental Quality Act):

Not a project

1 EMPLOYMENT AGREEMENT BETWEEN

CITY OF MORGAN HILL AND ELISA TOLENTINO

1. Parties: The parties to this agreement ("Agreement") Agreement are the CITY OF MORGAN HILL ("CITY") and ELISA TOLENTINO ("TOLENTINO").

2. Purpose: The purpose of the Agreement is to provide for the employment of TOLENTINO as City Attorney of CITY, as currently provided by Title 2, Chapter 2.09 of the Municipal Code of the City of Morgan Hill.

3. Duties: CITY hereby agrees to employ TOLENTINO to perform the functions and duties of City Attorney for the CITY as specified in the Municipal Code of the City of Morgan Hill, the Job Description, and any other applicable Ordinances, Resolutions or Policies, and to perform such other legally permissible and proper duties and functions as the City council shall from time-to-time assign. TOLENTINO agrees that, to the best of her ability and experience, she will at all times loyally and conscientiously perform all of the duties and obligations required of her either expressly or implicitly by the terms of the Agreement.

TOLENTINO also warrants that she meets the qualification for employment recited in the job description bulletin released by the CITY in connection with the position being assumed by TOLENTINO through this Agreement. TOLENTINO agrees to work Full Time for the CITY and not to engage in any other practice of law except as specifically permitted herein. The term "Full Time" shall not preclude TOLENTINO from working from time-to-time on pro bono legal services. Such work is expressly permitted so long as it does not interfere in any way with her work as City Attorney or present any conflict of interest that creates an adverse consequence for the CITY. Further, working Full Time shall not be construed to preclude occasional teaching, writing or pro bono service performed on TOLENTINO’s time off.

4. Term of Agreement:

4.1 CITY and TOLENTINO agree that employment shall start on April 27, 2026.

4.2 This Agreement shall commence on the Effective Date as defined in Section 17.3 of this Agreement and terminate on June 30, 2027 (the “Termination Date”) unless either (1) the term is modified hereafter by written agreement of the Parties, (2) the Agreement renews automatically in accordance with the provisions of 4.3 herein. TOLENTINO agrees to remain in the exclusive employ of the CITY during the term of the term of the Agreement and neither to accept other employment nor become employed by another employer until the Termination Date, unless the term is modified as provided herein.

4.3 At the conclusion of the term of this Agreement, it shall automatically renew each year, effective every July 1, unless terminated by the delivery of an Election of NonRenewal by either party no later than December 30 of the then current term. Notice of an Election of Non-Renewal shall be conveyed by written notice of the other party.

2 5. Separation from Employment:

5.1 The City Council may terminate the services of TOLENTINO at any time, for any reason or no reason, it being expressly understood and agreed between the parties that TOLENTINO serves as an at-will employee of the City Council.

5.2 Only in the event of termination from employment by the City Council without "Good Cause," as defined below, shall TOLENTINO be entitled to receive compensation consisting of a lump-sum payment of twelve (12) months of base salary and Benefits, as defined below (collectively "Severance Payment"). "Good Cause" shall include, but not be limited to, breach of contract, embezzlement, fraud, disbarment or suspension from any state bar, self-dealing, abandonment of the job, conviction of any felony, conviction of a misdemeanor involving moral turpitude, any illegal act involving personal gain to TOLENTINO, or disability as defined in Paragraph 6, below. No Severance Payment shall be made if the term of the Agreement is complete and the Agreement is not renewed or extended.
"Benefits" shall include all benefits payable to or on behalf of TOLENTINO with the exception of: vacation, management leave, and administrative leave (other than those amounts already earned by TOLENTINO as of the date of separation). Both salary and benefits shall be computed as of the rates in effect as of the date of separation from employment.

The Severance Payment will release CITY from any further obligations under the Agreement, and any claims of any nature that TOLENTINO might have against the CITY by virtue of her employment or termination thereof. Contemporaneously with the delivery of the Severance Payment and in consideration therefore, TOLENTINO agrees to execute and deliver to the CITY a signed document releasing CITY of all claims that TOLENTINO may have against CITY. In return for such Severance Payment, TOLENTINO agrees to be available for consultation and assistance to the Interim City Attorney or any other Council appointee.

If, and only if, TOLENTINO is not terminated for the Good Cause set forth above, TOLENTINO shall be entitled to severance in an amount equal to the difference between the Severance Payment and any amount of CITY insurance disability payments she received in the first year of Disability, defined below in paragraph 6. Such payment shall be made monthly or in a lump sum at the CITY's sole discretion. Such payment shall not exceed the Severance Payment and such payment shall not exceed the difference, in the first year, between the Severance Payment and any amount of CITY Insurance disability payments. Such payment shall be treated as the Severance Payment for all other purposes.

5.3 TOLENTINO may resign at any time from her position with the CITY provided that she gives the CITY thirty (30) days' written notice. Should TOLENTINO not provide the CITY with thirty (30) days' written notice, she shall not be entitled to cash out of any benefits other than as required by law.

3 6. Disability: "Disability" shall be defined as the inability to perform the full range of the duties and essential functions of the employee's position because of sickness, accident, injury, mental incapacity or other health reasons, for a period of four (4) successive weeks beyond exhaustion of all accrued sick leave and exhaustion of all leave available under the Americans with Disabilities Act, the California Fair Employment and Housing Act, the Family Medical Leave Act, the California Family Leave Act and any other statutorily provided leave.

7. Compensation:

7.1 CITY shall pay TOLENTINO the annual salary of Three Hundred Thousand Dollars ($300,000).

7.2 CITY agrees to provide TOLENTINO a car allowance of Five Hundred Dollars ($500) per month.

7.3 CITY agrees to pay TOLENTINO's California State Bar membership dues and expenses reasonably incurred to satisfy her MCLE requirements. All other professional development, conference fees and similar expenses are to be paid out of the City Attorney's Department Budget as provided in Paragraph 11.

7.4 TOLENTINO shall be entitled to the same benefits provided to CITY employees in the range of the "A" group of the City's Management salary resolution to the extent that provision of such benefits are not in conflict or duplicative of the specific benefits set forth in this Agreement.

7.5 TOLENTINO shall be entitled to receive deferred compensation equal to the current 457(b) retirement plans elective deferral limit, not including catch-up contributions. In no event shall the CITY's total contribution exceed the maximum listed herein. Payments shall be made on the same schedule as salary payments.

7.6 TOLENTINO shall receive no annual cost of living adjustment ("COLA") in her base salary during the initial term of this Agreement, i.e. prior to July 1, 2027. Thereafter, except as otherwise provided in this Agreement, on each July 1 (commencing on July 1, 2027) while TOLENTINO is employed under this Agreement, TOLENTINO shall receive a COLA increase in base salary equal to the percentage increase in the San FranciscoOakland/San Jose Urban Wage Earner Index, Base Rate Index for the twelve month period ending on June 30. The City Council in its sole discretion and at a duly noticed public meeting, may grant additional merit increases to TOLENTINO during the term of this Agreement.

8. Performance Goals and Evaluation: The City Council shall review and evaluate the performance of TOLENTINO annually between October 1 and November 30 of each year of her employment starting in the first full year of her employment. These evaluations shall be private and confidential, and the results shall be summarized and discussed in closed session, to the extent permitted by law. Nothing in this provision shall prevent the

4 parties from evaluation of performance at times other than as stated herein. Any delay or other failure to satisfy any or all of the evaluation steps described herein shall not affect the CITY's or TOLENTINO’s rights regarding separation from employment or obligations under this Agreement.

9. Sick Leave, Holidays, Vacation, Leave without Pay, Bereavement Leave, Sick Leave Buy Out and Management Leave: TOLENTINO shall be entitled to accrue, and to have credited to her personal account, vacation at the annual accrual rate of one hundred sixty (160) hours per year based on years of service, with no maximum accumulation limit. Sick leave shall be as provided to department directors. Unless a greater amount is specified in this Agreement, TOLENTINO shall be entitled to holiday, leave without pay, bereavement leave and sick leave buy-out the same as other management employees of the CITY. It is recognized that TOLENTINO must devote a great deal of time outside of normal working hours to the business of CITY. To that end, TOLENTINO is granted total annual administrative leave of one hundred twenty (120) hours per fiscal year with no maximum accumulation. Administrative leave may be taken at TOLENTINO’S discretion. The accrued amount up to the maximum of two hundred forty (240) hours of vacation and/or management leave may be cashed out at TOLENTINO’S option annually.

TOLENTINO shall begin employment with a balance of five (5) days of sick leave (40 hours).

10. Retirement: TOLENTINO shall make periodic payments to CalPERS in an amount commensurate with CITY employees in the range of the “A” group of the CITY’s Management Salary Resolution.

11. Professional Development: The CITY hereby agrees to budget for and to pay membership fees/dues, conference/meeting registrations, and the travel and subsistence expenses of TOLENTINO for professional development and official travel, meetings and occasions adequate to continue the professional development of the City Attorney and to adequately pursue necessary official and other functions of the CITY, including, but not limited to, the Annual Conference of the League of California Cities, and the Spring City Attorneys' Conference. Travel and conference expenses shall be reimbursed for reasonable expenses only, and in accordance with the City's standard policies governing travel and conference expense reimbursement.

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

13. Bonding: CITY shall bear the full cost of any fidelity or other bonds required of TOLENTINO under any law or ordinance.

14. Other Terms and Conditions of Employment:

14.1 The City Council, in conjunction with TOLENTINO, shall fix any other terms and conditions of employment, as it may determine from time-to-time, relating to the

5 performance of TOLENTINO, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement or other applicable law.

14.2 Except as provided herein, all provisions of the CITY's Municipal Code, and regulations and rules of the CITY relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to the City Attorney as they do other employees of the CITY, in addition to said benefits enumerated specifically for the benefit of TOLENTINO, except as to the extent that such rules and regulation are in conflict with this Agreement.

15. No Reduction in Benefits: The City shall not at any time during the term of this Agreement reduce the salary, compensation or financial benefits to TOLENTINO.

16. Notice: Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid. Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial proceedings. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service to the addresses set forth below or as subsequently communicated by one party to the other in writing.

16.1 Notice to TOLENTINO shall be sent to:

ELISA TOLENTINO
City Attorney
17575 Peak Avenue
Morgan Hill, CA 95037

16.2 Notice to CITY shall be sent to:

Mayor
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
And, City Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

17. General Provisions:

17.1 The text herein shall constitute the entire agreement between the parties.

6 17.2 The Agreement shall be binding and inure to the benefit of the heirs at law and executors of TOLENTINO.

17.3 This Agreement shall become effective on the latest date listed below. This Agreement supersedes any other contract or agreement between the CITY and TOLENTINO.

17.4 If any provision, or any portion therefore, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be effective, and shall remain in full force and effect.

17.5 The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

17.6 This Agreement constitutes the entire agreement between the parties and supersedes any previous Agreements, oral or written. This Agreement may be modified or provisions waived only by subsequent mutual written agreement executed by CITY and TOLENTINO.

17.7 In the event that any action is commenced to enforce the terms of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs.

17.8 This Agreement shall be interpreted as though prepared by both parties.

ATTEST: THE CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Mark Turner, Mayor
Date: Date:

ELISA TOLENTINO
Approved as to Form
Donald A. Larkin
Outside Counsel
By: Elisa Tolentino
Title: City Attorney
Date:

7 CITY COUNCIL STAFF REPORT
MEETING DATE: March 18, 2026
PREPARED BY:

Keri Russell, Maintenance Manager
APPROVED BY: City Manager

PROVIDE DIRECTION ON MAKING TEMPORARY DOWNTOWN DOG

PARK PERMANENT

RECOMMENDATION(S)

1. Receive update referred from the Parks and Recreation Commission on Downtown Dog Park trial; and

2. Provide direction on making the temporary Downtown Dog Park permanent.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

Within the Parks and Recreation Commission’s Council approved Work Plan for Fiscal Year 25/26 was an item ”Research opportunities for the creation of additional dog parks in existing or new park spaces”. The intent of the Commission was not to create another large community wide dog park similar to the one at Community Park, but instead to provide smaller off-leash areas in parks within walking distance of residents' homes. In 2021, the Commission proposed a site to the Council at the former Community Garden location. However, at the time the future Butterfield Fire Station footprint was unknown so the Council declined to move forward with a trial dog park and the Commission postponed any trial until the station was developed.

In October 2025, the trial dog park was opened behind the Butterfield Fire Station. The park is approximately 11,000 square feet utilizing temporary fencing, double gate entry, and arbor mulch for ground cover. The cost to implement the trial dog park was minimal as the City already owned temporary fencing, arbor mulch was obtained at no cost and the mulch was spread by volunteers. The trial dog park was advertised on social media, the scoop, the downtown email notification list, and at the Community Park Dog Park.

The Parks and Recreation Commission has been working with staff since October to

7 evaluate the trial. At its February 17 meeting, the Commission conducted its final review and deemed the trial dog park successful. Comments from park users were collected using online forms that were promoted at the park. The positive evaluation was based on comments received from the park users, lack of complaints from nearby residents and businesses, and observations done by the Commission and staff. The Commission has recommended that the City Council consider improving the site to a permanent dog park.

Understanding the City’s fiscal constraints, the Commission and staff have made a significant effort to find opportunities to manage the dog park as inexpensively as possible. For this reason, a proposed permanent park would continue to utilize mulch as the surfacing which will be the least expensive from a capital and maintenance cost perspective. The other options of artificial turf or grass will have much more significant ongoing operation costs. Improvements to a permanent dog park would include permanent fencing, a water service for dog drinking water, and seating area. The water and seating were identified from the trial dog park user feedback.

Estimated Capital costs include the following:
• Permanent fencing/gates/signage - $35,000-$50,000
• Water Service - $25,000
• Seating Area - $2,500
Ongoing maintenance costs would need to be funded within the Park Maintenance Budget. New ongoing annual maintenance costs include the following:
• Water Service - $1,000
• Backflow Testing/Repair - $2,000
• Mutt Mitts/Trash Bags - $500
• Teammate Time - $5,000 (Support volunteers and respond for repairs and issues)
There is an annual landscape maintenance contract cost for the area, but this is already in place and would be paid with or without the dog park. The additional annual maintenance cost would be estimated at $8,500 annually.

Based on the direction provided by Council on this item, the City Manager will incorporate that direction into the upcoming budget process.

COMMUNITY ENGAGEMENT:

A trial dog park website was established along with a QR code for users to provide feedback on the trial dog park. A total of 34 surveys (Attachment 1) were completed and 100% were in support of the dog park. Approximately 81% live in the downtown area and 79% have used the Community Dog Park. Suggested improvements included water for the dogs and seating within the dog park. There was a mix of reactions in the type of

7 surfacing desired with some wanting turf and others in favor of the mulch.

ALTERNATIVE ACTIONS:

The Council could choose not to move forward with a future permanent dog park. If the Council chooses this option, the trial dog park would be fully removed.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 26, 2021 the Commission previously brought forward doing a trial dog park in the downtown area. At the time the new Fire Station footprint had not been established so Council did not approve moving forward.

On February 17, 2026, the Commission made recommendations to the City Council to construct and operate a permanent dog park.

FISCAL AND RESOURCE IMPACT:

There would be between $62,500 and $77,500 in capital costs, which could be included and funded through the Park Impact Fund (301). The capital costs would not impact the City’s General Fund. Ongoing costs of approximately $8,500 annually would necessitate General Fund (010) dollars allocated in the Park Maintenance Budget.

CEQA (California Environmental Quality Act):

Categorical Exemption
The proposed trial dog park is categorically exempt from CEQA pursuant to Section 15301 (Class 1), as it involves a minor alteration of existing park facilities with no significant expansion of use; Section 15303 (Class 3), for the installation of small accessory structures such as fencing and signage; and Section 15304 (Class 4), as it consists of minor alterations to the land surface (mulch) that do not involve the removal of mature trees.

STAGING ENTRY TRIAL DOG PARK
“64)7)

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/4/2025 10:31 Yes Yes
Very excited for this location. I live
right next to it and there are so
many dogs in and around down
town.

I think the biggest issue could end
up being that it isn't large enough.
10/8/2025 8:40 Yes Yes
It's great to have another dog Park,
this one closer to downtown.
10/9/2025 13:59 Yes No Yes Yes
Yes. Anywhere for dogs to be offleash and owners to socialize is good. We need a dozen of these
small parks around town. As far
as improvements: Somewhere to
sit for owners. Didnt notice if
there was water available.

Make it larger! Seating.

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/9/2025 15:49 Yes Yes Yes Yes
I have used it. I like the location
and shade from the trees. We
don't love the mulch - it hides any
poop left behind by owners and is
also a little difficult to walk on.
10/9/2025 20:57 Yes Yes Yes Yes
Its great having one near
downtown. Can you please add a
water fountain or water supply for
dogs?
10/9/2025 21:02 Yes No Yes Yes
I loved it! Thank you for trying out
another space for dogs to play.

Thank you so much again for trying
this!

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/11/2025 11:19 Yes Yes Yes Yes
Yes I have used the dog park. The
location is amazing. It does need
some improvements if and when
made permanent.

Benches/chairs, watter
dispencer/bowl, and some land
scaping (the mulch is a bit
annoying to walk through but it
may be nice to keep if it helps
prevent mud during rainy
seasons, not sure.) Also the gate
is scraping the concrete when
you open the door, that will need
to be improved when a
permenent installation goes in.

It is a perfect location since there
are so many townhomes around
and those dog owners do not
have back yards. Additionally,
there are a lot of people walking
dogs in the downtown area who
will love the park. The area its in
is always available even when
events are going on in downtown
(i.e., mushroom mardigras,
farmer's market, etc.) so there
isn't a point where it will not be
available, moreover it'll be
Not sure if you're planning section
the park to have a small dog area
and big dog area but it would need
to really be thought through. There
is maybe just enough space to do
it but you'll need to make sure the
big dogs still have plenty of room.

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/12/2025 9:15 Yes Yes Yes Yes
I really like having the trial dog
park. It's a perfect location.

Improvement: maybe having a
bench or two

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/14/2025 9:52 Yes Yes No No
We use the area to walk our dog,
but have not used the facility yet.

But I wrote to the city council
with a proposal for Outdoor
Exercise Stations Near the New
Dog Park!! Below is what I wrote
to the city council. I think it would
only add value to the dog park as
a full recreational area!
Dear City Council Members,
I hope this message finds you
well. I'm writing to propose a
community enhancement that
would benefit residents of all ages
and promote healthier lifestyles:
the installation of outdoor
exercise stations near the new dog
park, located behind the fire
department.

This area already has several
features that make it ideal for
such an initiative:
-A circular layout perfect for a
fitness circuit
-Existing rock structures that
could be repurposed for signage or
integrated into exercise stations
-Walkways, shaded trees, and
benches that support rest and
observation
-A central downtown location
where people frequently walk, jog,
and gather
Currently, the space feels
underutilized and lacks
landscaping. By adding fitness
stations, we could transform it

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/16/2025 17:11 Yes Yes Yes Yes
Good location. Everything else
isn't great. No watering station
for dogs. The mulch is a terrible
option for the floor. So many
prickly bark and droppings from
the trees that hurt my dogs paws.

Also it's so difficult to tell where
the dog pooped.

It would be nice to have benches
for owners or hooks on the fence
for leashes
10/18/2025 12:11 Yes No Yes Yes
Yes, but the way it's fenced in is
very poorly designed. We went to
a Offleash drug park in San
Francisco called. Like Esprit.

It has a fence around the
perimeter with two entrances to
allow your dog to run free. The
entrance was not gated.
10/18/2025 17:02 Yes Yes Yes Yes
Great use of under utilized
space, and so great to have a dog
Park within walking distance of
downtown
10/18/2025 19:33 Yes Yes Yes Yes

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/18/2025 19:35 Yes Yes Yes Yes
I like how it's near down town
which is perfect. I would add
some grass instead of the mulch
and add some benches inside.
10/19/2025 10:46 Yes Yes Yes Yes
Yes, we love it. The current
ground cover is fine. It is so nice
to have this space downtown
where so many people have
small backyards.
10/21/2025 19:17 Yes Yes Yes Yes
Yes, we were just there this
weekend, and our dog had a
great time with the other dogs.

The mulch, specifically, is
appreciated.

Definitely keep it. Great addition
to the neighborhood!

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/21/2025 19:57 Yes Yes Yes No
I have used the trial dog park and
I loved it. My dog played with
other dogs with respectful
owners, and she had a blast. Also
I quite prefer the current wood
chips ground over grass, which
gets messy and muddy very
easily. If there's a water spout for
dogs to drink water that would be
great.

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/23/2025 21:34 Yes Yes Yes Yes
We have used the dog park which
is absolutely wonderful and a
great location. With all the high
density housing nearby the dog
park and no yards it is absolutely
delightful to be able to walk my
furry friends to a place where
they can feel like they have a
place to run around a big area. It
is great. I would maybe do
bonfide tan bark or just dirt but
other than that we feel lucky to
have this option.

Please keep this park for our furry
community members in the
downtown area.

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
10/30/2025 18:34 Yes No Yes Yes
Great idea, thank you.

Discovered the new trial park via
The Scoop. I hope it stays. If
permanent it would be a great to
add a water fountain somewhere
in the area, the kind that works
for both dogs and people. We
also enjoyed walking down the
informal path behind the
courthouse toward Dunne.

Seems like this could be easily
developed into a small park. See above, thanks.
11/5/2025 7:47 Yes No Yes Yes
We should have one more at the
Vida park on Sutter. There is a field
all the dogs use already.
11/8/2025 10:07 Yes Yes Yes No

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
11/8/2025 10:12 Yes Yes Yes No
I have used the park. I walk to
downtown daily and enjoy the
fact that I dont need to drive to
the community park. Include
benches at different ends of the
park for owners.

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
11/9/2025 9:28 Yes Yes Yes No
Yes, I've used it and I love it!
We were looking for a dog park
because our apartment complex
doesn't have one, and our dogs
needed a place to run "freely".

The area size is okay since it let's
so see where our dogs are going
(no one else was there but if
there were more dogs and
suddenly they go into a fight or
other emergency, I think it will be
easier to act).

I think the dog park could have a
bench for us to sit while we
watch our furry friends play,
some water station for them, and
maybe some cameras in case
something happens (dog fights,
dog's running out, etc.).

The only thing that worries me is if
the other dog owners will be
responsible too to maintain the
dog park secure, friendly and
clean. An example: if they are
going to pick up after their dogs (if
they are offleash, they might get
distracted and not see where they
did their necessities), if suddenly
a dog attacts another dog and they
need to be responsible, etc.

Other than that, my family and our
two dogs appreciate this new
initiative which we love!

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
11/12/2025 8:42 Yes Yes
I like that it has trees for shade.

I like that it has plenty of mulch
therefor, no mud.

I would like to have access to
water for the dogs.

I would like to have
seating/benches.

I think it's a great addition for all
the new condos in the
neighborhood.

Will this dog park be for small or
large dogs?
11/15/2025 10:12 Yes No Yes Yes
Artificial turf instead of mulch
would be great for rainy seasons.

Also mulch makes dog poo
harder to locate. More lights
would be great
Its great to have a dog park in
downtown. Please make it
permanent!
11/19/2025 17:29 Yes Yes Yes Yes

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
11/24/2025 8:43 Yes Yes Yes No
I have used the park and have
met many new residents along
with their dogs. This is a much
needed park for those of us that
live close to downtown.
11/28/2025 20:15 Yes Yes Yes Yes
Yes. I like the proximity to the
downtown area, providing pet
relief (especially off leash). I
would add a grass section and
benches. The trees should be
enough to provide ample shade.

The dog park is bit small to divide
into a big dog and a small dog
section. Maybe fence off another
area for smaller dogs.

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
12/9/2025 16:49 Yes Yes Yes Yes
I have used the trial dog park and
love how is close in distance to
downtown. I like that it is big
enough for my dog and many like
her to have a good time. I have a
couple of suggestions for
improvement. One being a water
station nearby. Second changing
the ground to either grass or turf.
1/10/2026 9:52 Yes Yes Yes Yes
I've used this space. Our city
needs this service to support pet
owners and the growing amount
of residents close to downtown.

Great idea!! Let's do this. Would
like to have a water source
added.

This space is an inclusionary
addition. It perfectly complements
the playground and farmers
markets and another draw to bring
people downtown.

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
1/10/2026 10:25 Yes Yes Yes Yes
We need better signage. I don't
think a lot of people know this
park exists. You would get more
feed back from community if
more people knew about. Add
signs by playground/farmers
market area
I would wrap the fence around to
include the cement shaded picnic
tables so there's a place to sit or
add seating

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
1/14/2026 19:42 Yes Yes Yes No
I had no idea that there was a
trial run and unfortunately found
the dog park this week in january,
but i love it! The other dog park
being on the opposite side of
town and how crowded it can be
has made me refrain from using it
after taking my dog over a year
ago and we havent been back
since. Its smaller and compact
so my dog feels very comfortable.

Its right in the middle of morgan
hill so a lot more accessible to a
variety of people. the mulch
however, got stuck in my dogs fur
because he is a fluffy dog with
‘hair’ rather than fur. i’d
prefer clover cover or grass, but
would still use the park if the
change wasn’t possible.

Seating inside the park would be
nice for owners who just want to
sit while their dog roams around.

Having water for the dogs would
also be amazing! I adore the
location and size of the new dog
park and i really hope it stays! me
and my dog will definitely be a
frequent goer!

Submission Date
Are you in support of an off
lease dog park behind the new
Butterfield Fire Station?
Do you live
near the
downtown
area?
Do you own a
dog?
Do you
currently use
the
Community
Park Dog
Park?
Have you used the trial dog
park? If yes what do you like
about it? What would you
improve?
Please provide us any other
thoughts on the off leash dog
park.
1/29/2026 13:29 Yes Yes Yes Yes
Love the park location and the
amount of t of space. Would love
to see a garbage can for the
doggie bags and maybe a grassy
spot / leveling out of the ground.

I saw a big root that could be a
tripping hazard and or a spot a
dog hurts themselves on. Keep it:)!
1/31/2026 10:09 Yes Yes Yes Yes
We have used it. I think it is great.

Maybe a grass section would be
nice.

We are thrilled with the idea that
we could have a dog park so close
to downtown.

8 CITY COUNCIL STAFF REPORT
MEETING DATE: March 18, 2026
PREPARED BY:

Nichole Martin, Community Services Coordinator
APPROVED BY: City Manager

PROVIDE DIRECTION REGARDING COMMUNITY FUNDING

REQUESTS

RECOMMENDATION(S)

1. Review applications submitted for FY 2026-27 funding cycle; and

2. Provide staff direction on funding awards to be incorporated within the City’s FY 2026-27 Operating Budget.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
2026-2027 Strategic Priorities
Fiscal Sustainability
Economic Development and Tourism
REPORT NARRATIVE:

Annually, the City Council considers funding requests from local non-profit organizations that host events, programs, or activities that provide direct benefit to the Morgan Hill Community. In November 2021, City Council adopted Council Policy CP-21-02, to establish a process for community organizations to request funding to support fee waivers, event sponsorship, and other funding requests from City Council. The policy is included in Attachment 2.

The funding for these events, programs, and activities is funded via the City Council Budget and fully funded through General Fund discretionary revenue. Council Members have the opportunity to carefully review each application to ensure applications align with the priorities of the Council. A hyperlink to each application is included in Attachment 1.

The City opened the FY 2026-27 Community Funding Request Application process on February 6, 2026, notifying previous recipients and posting details on the City’s website.

8 Applications were due March 2, 2026. A total of 19 applications were received, requesting approximately $458,651 in funding. All applications meet the eligibility criteria established by City Council policy. For the FY 2025-26 budget, City Council allocated $291,086 to support 16 organizations.

Inflationary costs continue to impact some events and are especially impactful on larger events. Moving forward, police expenses will be higher due to double overtime for officers working events per the City’s approved Memorandum of Understanding with the Morgan Hill Police Officers Association. City staff continue to work with event organizers on planning for event safety and security, which is the priority for the City. These cost increases will have the largest impact on the Freedom Fest, Mushroom Festival, and Holiday Lights Parade, although all events are seeing some increases in costs.

Staff is requesting City Council direction as to which funding option(s) to include in the budget. Funding options are outlined below with detail provided in Attachment 1. The City Council may choose to adjust funding levels, utilizing the Council Funding Policy (Attachment 2) as guidance. As the Council reviews the funding options outlined, Council Members are encouraged to consider the City’s current General Fund fiscal constraints, which currently forecast only $180,000 in available funds. Based on the guidance provided by the City Council on this item, the City Manager will include appropriate funding in the proposed FY 2026-27 and FY 2027-28 Operating Budgets.

City staff have outlined the following options for the Council:
• Option 1 includes allocations for events and programs funded in FY 2025-26 at the same levels, with increases to Independence Day Celebrations (Freedom Fest), Morgan Hill Kiwanis (Holiday Lights Parade), and facility fee waivers only events (to coincide with increased City rental fees).
• Option 2 includes allocations for only long-serving historical events that are open to the public without a fee, and does not include funding for any programs. • Option 3 includes allocations only for Independence Day Celebrations' Freedom Fest.
• Option 4 includes allocations for past events only at funding levels from FY 2025- 26, which comes in slightly less than the total for FY 2025-26 as not all organizations funded in the previous year submitted new applications for the upcoming year.
• Option 5 includes full funding for all requests submitted for FY 2026-27 programs and events.
• Option 6 (not included within Attachment 1), provides the Council with an opportunity to provide alternate direction and potentially add or remove funding for specific events within the previous options.

COMMUNITY ENGAGEMENT:

The Community Promotion Funding Request Applications were sent via email to organizations that applied for or received Council support for events, fee waivers/facility use, or for partnership program support. Additionally, the application was posted to the City’s website on the Community Funding and Partners page as well as a Newsflash on

8 the homepage.

ALTERNATIVE ACTIONS:

Alternative options for Council consideration are outlined in Attachment 1.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Annually, the City Council makes decisions to provide funding to support non-profit community events that benefit the entire community. In November 2021, City Council adopted Council Policy (CP-21-02) Council Funding Requests.

FISCAL AND RESOURCE IMPACT:

Community Funding has historically been budgeted within the City Council’s budget, in the General Fund (010). Requests for FY 2026-27 total $458,651. The City Council could choose to award Community Funding at lower levels as outlined in Attachment 1.

Note that funding at more than $180,000 is not in the budget forecast and would require additional expenditures.

CEQA (California Environmental Quality Act):

Council funding ultimately supports events held on public property. The support and permitting of the City to allow these events is categorically exempt under Class 1 Existing facilities, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

Organization Name Event/Program Name Event Date Use of Funds FY25-26 Allocation
FY26-27
Request -
(Option 5,
Full Funding)
Option 1 -
FY25-26
Levels with
Increase to
IDC, Kiwanis
& Fee Waiver
Option 2 -
Long Serving
Historical
Public Events
Only, No
Programs
Option 3 - IDC
Only
Option 4 - Past
Events Only at
FY25-26 Levels
Funding
Type
New
Event
Years
Received
Notes
Chabad Jewish Center Morgan Hill Chanukah
Celebration
12/6/2026 Funds will be used to assist with paying the City fees and permits, the live band, the children’s entertainer (led juggler etc.), crafts, and food at the Morgan Hill Chanukah Celebration planned at the Morgan Hill Community and Cultural Center.
2,500 6,000 2,500 0 0 2,500 Funding No 4+
Healthier Kids Foundation VisionFirst, HearingFirst,
DentalFirst, and My HealthFirst
Programs
July 2026-June
2027
Funding will be used for vision, dental, hearing screenings and My HealthFirst screenings; as well as the care coordination for children who screen out of range to ensure that they receive the care needed.

For example, if a child at Los Pasos Elementary School was screened for vision, hearing, and dental, and screened out of range for vision, his or her parents would receive case management from our care navigation team to ensure the child has health insurance, a vision home, and receives a complete eye exam and/or the vision care they need.
26,000 42,000 26,000 0 0 26,000 Funding No 12+
Independence Day Celebrations,
Inc
Freedom Fest 7/3 and 7/4/2026 Funds will be used for police services, additional security guards, security cameras, water walls, and safety and security compontents of the Patriotic Sing, Family Music Fest, Freedom Run, Car Show, Parade, and Fireworks.
143,000 194,500 194,500 194,500 194,500 143,000 Funding No 10+ Living Above The Influence (LATI) LATI Community Event (Resource Fair)
10/10/2026 LATI is requesting to use the amphetheater area for the Living Under the Influence event at the Morgan Hill Community and Cultural Center.
3,480 3,785 3,785 3,785 0 3,480 Facility Fee
Waiver
No 4+
Morgan Hill Chamber of
Commerce
Friday Night Music Series 6/12-8/8/26, plus
Cultural Event on
5/17/26
Funds will be used to cover fees for the use of the Amphitheater and Madrone Room at the Morgan Hill Community and Cultural Center for the Friday Night Music Series (6/12-8/8) and the Cultural Event (5/17) 25,000 25,260 25,260 25,260 0 25,000 Fee Wavier No 6+
Morgan Hill Community
Foundation
Open Studios 10/24 and
10/25/2026
Funds will be used for the graphic design and full color printing of the brochures for the Open Studios event held in Morgan Hill and Santa Clara County.
1,250 2,700 1,250 0 0 1,250 Funding No 3+
Morgan Hill Community
Foundation
Philanthropy Night Awards Gala 11/14/2026 The funds will be used to cover facility rental expenses for the Morgan Hill Community and Cultural Center. This annual event provides recognition to individuals who have been nominated by their nonprofit organizations for their dedication to, and valuable impacts on, the charitable missions of their organizations for the betterment of the people and quality of life in our local community. 4,528 4,528 4,528 0 0 4,528 Facility Fee
Waiver
No 8+
Morgan Hill Community
Foundation
Feeding Morgan Hill July 2026-June
2027
Funds would be used for food collection bins and labeling 15 bins (2,250), as well as funding for a video (7,500).
0 9,750 0 0 0 0 Funding Yes 0
Morgan Hill Downtown
Association
Safe Trick or Treat 10/31/2026 Fees related to City services and permitting (street closure, portable bathrooms, police/security, candy, posters) for the annual Safe Trick or Treat event.
9,000 9,000 9,000 9,000 0 9,000 Funding No 10+
Morgan Hill Downtown
Association
Holiday Tree 12/1/2026 Funding for the Holiday Tree at the Community and Cultural Center at the corner of Dunne Avenue and Monterey Road.
6,000 6,000 6,000 6,000 0 6,000 Funding No 10+
Morgan Hill Historical Society Founders Dinner 9/18/2026 Funding will be used to cover space rental, caterer, live music, printing and mailing expenses connected with the Founders Dinner event at the Morgan Hill Community and Cultural Center. 2,624 5,000 2,877 0 0 2,624 Funding and
Fee Waiver
No 3+
Morgan Hill Historical Society Film Debut and Reception 7/3/2026 Funding will cover fees for the rental of the playhouse at the Morgan Hill Community and Cultural Center and service/security personnel required by the contract.
504 528 528 0 0 504 Facility Fee
Waiver
No 3+
FY26-27 Community Funding Requests and Funding Options

Organization Name Event/Program Name Event Date Use of Funds FY25-26 Allocation
FY26-27
Request -
(Option 5,
Full Funding)
Option 1 -
FY25-26
Levels with
Increase to
IDC, Kiwanis
& Fee Waiver
Option 2 -
Long Serving
Historical
Public Events
Only, No
Programs
Option 3 - IDC
Only
Option 4 - Past
Events Only at
FY25-26 Levels
Funding
Type
New
Event
Years
Received
Notes
Morgan Hill Kiwanis Holiday Lights Parade 12/5/2026 Funding will be used to pay for expenses incurred in putting on Holiday Lights Parade. Expected expenses include City permit, police and city maintenance charges, road closure plans and expenses, sound system, security expenses and medical support for the Morgan Hill Holiday Lights Parade.
41,000 50,000 50,000 50,000 0 41,000 Funding No 10+
Morgan Hill Mushroom Festival Morgan Hill Mushroom Festival 5/29, 5/30/2027 Funding will be used for facility rental and City services include Police Services for the Morgan Hill Mushroom Festival.
11,500 75,000 12,500 0 0 11,500 Funding and
Fee Waiver
No 2+
Sentinel Soccer Club Grumaza Fiestas Patrias 9/13/2026 Funds will be used to rent the park area, secure the required event insurance, rent a stage and portable restrooms, and retain entertainment - including mariachis, folkloric and Aztec dancers, local musicians, and other performers. Funding will also support event promotion and advertiisng to ensure broad community awareness and participation for hte Fiestas Patrias event. 3,500 4,500 3,500 3,500 0 3,500 Funding No 4+
South Valley Civic Theatre SVCT and Limelight Theater
Productions
July 2026-June
2027
As the resident theaater company at the Morgan Hill Community Playhouse, we are always looking to find ways to improve that facility and our productions in it. One of the most significant expenses of that facility is the use of theatrical lighting. SVCT would like to begin the transition to LED for the instruments we own by deploying the retrofit package. We have over a dozen lights that can be retrofitted at a cost of roughly $750 each. While this will then cost over $9000, we can do these over time. We are requesting a grant of $5000 to begin the transition. We will also work with City staff to explore options for the many lighting instruments owned by the city.
3,000 5,000 3,000 0 0 3,000 Funding No 6+
CARAS Nueva Esperanza - 6th Annual
Morgan Hill Dia De Los Muertos
Altar
10/24/2026 The funding will be used for the venue at the Morgan Hill Community and Cultural Center, deposit for the event, sound equipment such as speakers, entertainment, DJ/band, food, drinks, supplies, dessertt, health permit, posters, advertising, activity supplies, prizes, decorations, flyers, banners
0 3,100 0 0 0 0 Funding and
Fee Waiver
No 2+
CARAS Nueva Esperanza - 7th Annual
Holiday Posada
12/6/2026 The funding will be used for the venue at the Morgan Hill Community and Cultural Center, deposit for the event, sound equipment such as speakers, live entertainment, DJ, mariachi, band, song books, baile folkorico, lights, food for attendees, drinks, desserts, activity supplies, prizes, pinatas, posters, advertising, decorations, flyers, banners
0 5,000 0 0 0 0 Funding and
Fee Waiver
No 2+
Poppy Jasper International Film
Festival
Poppy Jasper International Film
Festival
4/8/27-4/15/27 If awarded, the City of Morgan Hill Community Funding grant of $7,000 will be allocated directly to Morgan Hill-based Festival Week programming and downtown activation. $4,000 toward the facility rental at the Morgan Hill Community and Cultural Center Playhouse and $3,000 toward production and installation of banners in the downtown.
3,700 7,000 4,000 0 0 3,700 Funding and
Fee Waiver
No 3+
286,586 458,651 349,228 292,045 194,500 286,586
FY26-27 Community Funding Requests and Funding Options

CITY OF MORGAN HILL

CITY COUNCIL POLICIES AND PROCEDURES
CP-21-02
SUBJECT: CITY COUNCIL FUNDING REQUESTS
EFFECTIVE DATE: NOVEMBER 3, 2021
REVISED DATE: NA
ORIGINATING DEPARTMENT: COMMUNITY SERVICES DEPARTMENT
Purpose
The purpose of this policy is to establish a process for community organizations to request funding to support fee waivers, event sponsorship, and other funding requests from the City Council. The policy is intended to allow the City Council to fully evaluate all funding requests at one time along with budget appropriation.

Policy

1. Applicant Criteria
a. The organization requesting funding must be a nonprofit. b. The program, event, or activity provides a direct benefit to the Morgan Hill community.
c. Programs in alignment with the City Council’s Goals and Priorities shall be given priority. City Council priorities are established by the City Council in January of each year.
d. Each organization must submit an inclusivity statement describing how the organization and/or the proposed activity is inclusive of the entire community. e. Existing programs and events may be given priority.

2. Application Availability and Deadline
a. Applications for the next Fiscal Year (July-June) will be available on the City’s website annually in February.
b. Completed applications will be due annually in March.

3. Review and Approval Process
a. Applications will be reviewed by the City staff.
b. Funding applications and details will be included annually in the Budget Development or Mid-Cycle Budget Review process.
c. The City Manager will make recommendations on funding to the City Council based on established Council priorities and funding constraints. d. The City Council shall award and include final funding within the Budget.

4. Reporting Requirements
DocuSign Envelope ID: 87764CAC-F5F2-4AC2-921C-27D9BF34420E

a. Within thirty days following the conclusion of the funded activity, the organization must submit a report to the City reporting out pertinent information related to the activity. For ongoing activities, an annual report must be submitted by July 30 for the prior fiscal year. b. The report shall include a record of the use of City funds and statistics and information that provides details on the activity’s impact to the community.

5. Late Requests
a. Requests received after the deadline shall not be accepted by City staff.

6. Council Member Initiated Event and Fee Waiver Requests a. A member of the City Council may request a fee waiver or funding be provided for an event by applying with the above application process by the March deadline. b. All Council Member initiated requests occurring after the March deadline must be provided to the City Manager 90 days in advance of the event to allow sufficient time to bring to City Council for approval.
c. The City Staff shall prepare a report for the City Council for approval of any Council Member initiated requests.

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

APPROVED:
_______________________________

RICH CONSTANTINE, MAYOR
DocuSign Envelope ID: 87764CAC-F5F2-4AC2-921C-27D9BF34420E