Special/Regular City Council
Meeting Agenda
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, April 6, 2022 6:00 PM
Virtual Meeting
Link to join the meeting can be found below
VIRTUAL MEETING GUIDELINES AND PUBLIC COMMENT
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed.
Physical meetings will not be in the City Council Chamber until further notice.
City Council meetings will be live-streamed on Channel 17, on the City’s website, and on the City’s Facebook page. Those members of the community that would like to participate in the meetings remotely may do so by joining the virtual meeting at:
https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#.
Public comment may be provided in the following ways:
Join the virtual City Council meeting via the link above, when public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF ZOOM TO BE
UNMUTED)
Join the virtual meeting by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
Send public comments in writing to the City Clerk at
[email protected]
* Please note that comments made on Facebook are not considered public comment.
SPECIAL/REGULAR MEETING
2 A special meeting of the City Council is called at 6:00 p.m. for the purpose of conducting a closed session.
SPECIAL MEETING
6:00 p.m. Closed Session
CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
CLOSED SESSION
OPPORTUNITY FOR PUBLIC COMMENT
ADJOURN TO CLOSED SESSION
Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation (Govt Code § 54956.9(b)): (One Case) Alleged violation of the California Voting Rights Act and the FAIR MAPS Act.
REGULAR MEETING
7:00 p.m.
RECOGNITIONS
Proclaiming March 20, 2022 as Nowrūz - Persian New Year's Day
PROCLAMATIONS
Proclaiming the week of April 10-16, 2022 as National Telecommunicator's Week Proclaiming April 28, 2022 as a Day of Remembrance of the Victims of the Holocaust Proclaiming the Month of April 2022 as Sexual Assault Awareness Month
CITY COUNCIL REPORTS
Council Member Borgioli
April 6, 2022
April 6, 2022
3 CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment, is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at
[email protected] to receive a response. (See additional noticing at the end of this agenda)
ADOPTION OF AGENDA
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
1. CALL FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
Recommendation:
1. Adopt resolution calling for a General Municipal Election to be held on Tuesday, November 8, 2022 to elect a Mayor, one Council Member from District B, and one Council Member from District D; and
2. Adopt resolution requesting the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters Office - and the Consolidation of the Election.
2. ACCEPT CENTENNIAL RECREATION CENTER EXPANSION PROJECT April 6, 2022
4 Recommendation:
1. Accept as complete the Centennial Recreation Center Expansion Project;
2. Authorize the City Engineer to sign the Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.
3. ADOPT ORDINANCE NO. 2330, NEW SERIES AMENDING TITLE 18, DIVISION I, ZONING CODE SECTION 18.26.020 (LAND USE REGULATIONS) OF CHAPTER 18.26 (INDUSTRIAL ZONING DISTRICTS) TO MODIFY THE
LAND USES PERMITTED IN THE INDUSTRIAL ZONING DISTRICTS
Recommendation:
Waive the reading, adopt Ordinance No. 2330, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.
4. APPROVE PARCEL MAP FOR DAKOTA DUNNE SUBDIVISION (APN: 726- 09-024) AND RELATED SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:
1. Approve the Parcel Map;
2. Authorize the City Manager to execute the Subdivision Improvements Agreement with Michael F. Dunne, Jr. and Jonna Dunne; and
3. Authorize the recordation of the Parcel Map and Subdivision Improvements Agreement.
5. APPROVE AGREEMENT WITH MARK THOMAS AND COMPANY FOR
CONSTRUCTION SUPPORT SERVICES ASSOCIATED WITH VALLEY
WATER'S FLOOD CONTROL PROJECT
Recommendation:
Authorize the City Manager to execute and administer a consultant agreement with Mark Thomas and Company for a not to exceed amount of $246,000 for construction support services for City improvements associated with Valley Water’s flood control project.
6. APPROVE AGREEMENT WITH SANTA CLARA COUNTY FOR WEED
ABATEMENT PROGRAM ADMINISTRATION
Recommendation:
Authorize the City Manager to execute the agreement with Santa Clara County for weed abatement program services.
7. APPROVE INNOVATIVE TRANSIT AGREEMENTS
April 6, 2022
5 Recommendation:
1. Authorize the City Manager to execute and administer a grant agreement for innovative transit funding with the Valley Transportation Authority; and
2. Authorize the City Manager to execute and administer a consultant services agreement with Rideco, Inc. for the provision of transit services within the City of Morgan Hill; and
3. Adopt a budget resolution appropriating $60,000 for Fiscal Year 2021-22 to fund the initiation of the program.
8. APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH WEST
COAST DOOR AND GATE
Recommendation:
1. Approve the Second Amendment to the On-Call Maintenance Service Agreement with West Coast Door and Gate for one additional year of service for $40,000 for a total contract amount of $100,000;
2. Determine that competitive bids upon notice would not likely result in a lower price to the City from a responsible bidder or would cause unnecessary expense or delay under the circumstances per Section 3.04.150 (1) of the Morgan Hill Municipal Code; and
3. Authorize the City Manager to execute and administer the amendment with West Coast Door and Gate.
9. APPROVE FIRST AMENDMENT TO AGREEMENT WITH TESCO CONTROLS, INC. FOR SCADA HARDWARE PURCHASE
Recommendation:
Authorize the City Manager to execute a first amendment to the agreement with Tesco Controls, Inc. for SCADA hardware for a total contract amount of $217,190.
10. APPROVE THE MARCH 16, 2022 CITY COUNCIL MEETING MINUTES Recommendation:
Approve the March 16, 2022 City Council Meeting Minutes.
11. AWARD 2022 PARKING LOT SEAL COAT PROJECT
Recommendation:
1. Award contract to Silicon Valley Paving, Inc. in the amount of $78,148;
2. Authorize the expenditure of contingency funds not to exceed $7,814; and
3. Authorize City Manager to execute and administer that certain construction contract with Silicon Valley Paving, Inc.
April 6, 2022
6 PUBLIC HEARINGS
12. RECONSIDER ACTION TO ADOPT CITY COUNCIL DISTRICT MAP 103 - FROM MARCH 2, 2022 CITY COUNCIL ACTION
Recommendation:
1. Review and discuss whether an alternative map should be adopted in light of a demand to cure a violation of the FAIR MAPS Act; and
2. Determine whether to: a) affirm the adoption of Map 103, or 2) approve an amended resolution identifying an alternative City Council District map.
Estimated Time: 45 Minutes
13. INTRODUCE ORDINANCE APPROVING MILITARY EQUIPMENT POLICIES AS REQUIRED BY AB 481
Recommendation:
1. Waive the first and second reading of the ordinance; and
2. Introduce ordinance approving Morgan Hill Police Department Policies 708-- Armored Rescue Vehicle (ARV MedEvac) and 709--Military Equipment.
Estimated Time: 20 minutes
14. INTRODUCE ORDINANCE UPDATING WATER WASTE ORDINANCE, ADOPT
WATER SHORTAGE RESOLUTION, AND ACCEPT REPORT ON WATER
OFFSET PROGRAM
Recommendation:
1. Waive the first and second reading of the ordinance; and
2. Introduce the ordinance updating the City's water waste provisions to reflect the actions and stages identified in the City's Urban Water Management Plan (UWMP);
3. Adopt resolution declaring a Level 4 Water Supply Shortage; and
4. Accept report on the development of a "water offset" program for new development.
Estimated Time: 30 Minutes
15. CONDUCT TAX AND EQUITY FISCAL RESPONSIBILITY ACT (TEFRA)
HEARING APPROVING ISSUANCE OF BONDS FOR VILLAGE AT MADRONE AFFORDABLE HOUSING APARTMENTS AT 18960 MONTEREY STREET
WITHIN THE CITY OF MORGAN HILL
Recommendation:
April 6, 2022
7 1. Open/close public hearing consistent with the requirements of the Federal Tax and Equity Fiscal Responsibility Act ("TEFRA") and Section 147 (f) of the Internal Revenue Code of 1986, as amended (the “Code”); and
2. Adopt resolution approving the issuance of bonds by the California Municipal Finance Authority (CMFA), for the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 18960 Monterey Street, Morgan Hill, California (the “Project”).
Estimated Time: 15 Minutes
OTHER BUSINESS
16. ACCEPT INITIATIVE PETITION IMPACT REPORT AND ADOPT RESOLUTION
PLACING THE CITIZENS' INITIATIVE AMENDING THE GENERAL PLAN TO
REQUIRE VOTER APPROVAL OF ANY FUTURE MONTEREY ROAD LANE REDUCTION ON THE NOVEMBER 2022 BALLOT
Recommendation:
1. Accept the Initiative Petition Impact Report; and
2. Adopt Resolution placing Initiative Petition Titled: The Citizens' Initiative Amending The General Plan To Require Voter Approval of Any Future Monterey Road Lane Reduction on the November 2022 ballot.
Estimated Time: 45 Minutes
17. RECEIVE WATER RATE STUDY REPORT, ADOPT RESOLUTION
DECLARING INTENT TO IMPLEMENT NEW WATER RATES, COMMENCING PROPOSITION 218 NOTICES, AND SETTING JUNE 1, 2022 AS DATE FOR A
PUBLIC HEARING
Recommendation:
1. Receive Water Rate Study report;
2. Adopt resolution declaring intent to adjust water rates and authorizing the commencement of Proposition 218 noticing; and
3. Set June 1, 2022 as the date for Public Hearing and new water rates adoption.
Estimated Time: 30 Minutes
18. ADOPT THE COMMUNICATIONS, OUTREACH, AND ENGAGEMENT PLAN
AND APPROVE THE RECOMMENDED STAFFING CHANGES
Recommendation:
1. Adopt the Communications, Outreach, and Engagement Plan; and April 6, 2022
8 2. Approve the classifications for City Clerk/Public Information Officer (PIO); Communications and Engagement Coordinator; and updated Multimedia Coordinator.
Estimated Time: 30 Minutes
FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.
ADJOURNMENT
April 6, 2022
9 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful.
When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.
April 6, 2022
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