Morgan Hill City Council
April 20, 2022

Special-Regular Meeting Agenda
City Council
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, April 20, 2022 5:30 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

April 20, 2022
2 A special meeting of the City Council is called at 5:30 p.m. for the purpose of conducting a workshop and a closed session.

SPECIAL MEETING
5:30 p.m. Citywide Transportation Planning Workshop
6:00 p.m. Closed Session

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CITYWIDE TRANSPORTATION PLANNING WORKSHOP
City staff will provide the City Council and Community with an update on the City’s programs related to traffic congestion, traffic safety, and transportation management.

The Council will discuss future transportation needs and the development of a transportation master plan for the City.

Caltrans will have a representative to provide an update on City of Morgan Hill Transportation.

CLOSED SESSION

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION
Conference with Legal Counsel – Existing Litigation
(Government Code § 54956.9) Tate et al., v. City of Morgan Hill, et al.

Santa Clara County Superior Court, Case No. 22CV396857

REGULAR MEETING
7:00 p.m.

RECOGNITIONS
Outgoing Commissioners - Ronald Locicero and Neil Berman

PROCLAMATIONS

April 20, 2022
3 Proclaiming April 22, 2022 as Earth Day
Proclaiming April, 29, 2022 as National Arbor Day

PRESENTATIONS
Youth Action Council (YAC) - Asset #38 Self Esteem

CITY COUNCIL REPORTS
Council Member Borgioli

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. (See additional noticing at the end of this agenda)
Public Comment 1

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

April 20, 2022
4 1. ADOPT RESOLUTION DETERMINING THAT CONDUCTION OF IN-PERSON

MEETINGS WOULD PRESENT A PUBLIC HEALTH RISK AND CONTINUING

TELECONFERENCE MEETINGS
Recommendation:

Adopt resolution to continue holding City Council and commission meetings by teleconference.

2. ADOPT RESOLUTION APPROVING FY2022-23 LIST OF STREET
REHABILITATION PROJECTS FUNDED BY SENATE BILL (SB) 1: THE

ROAD REPAIR AND ACCOUNTABILITY ACT
Recommendation:

Adopt resolution approving a list of street rehabilitation projects funded by SB 1, The Road Repair and Accountability Act of 2017.

3. ADOPT ORDINANCE 2331, NEW SERIES, AN UNCODIFIED ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF MORGAN HILL APPROVING POLICE DEPARTMENT POLICIES 708 (ARMORED RESCUE VEHICLE) AND 709 (MILITARY EQUIPMENT)
Recommendation:

Waive the reading, adopt Ordinance No. 2331, 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. ADOPT RESOLUTION RESCINDING RESOLUTION 21-016: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA,

SUBMITTING TO THE VOTERS OF THE CITY AN INITIATIVE ORDINANCE

CHANGING ZONING REGULATIONS THROUGHOUT THE CITY OF MORGAN

HILL TO PROHIBIT CERTAIN NEW STORAGE AND DISTRIBUTION USES IN

ALL AREAS OF THE CITY AND AMENDING THE REVIEW PROCESS FOR

LARGE-SCALE DEVELOPMENT PROJECTS
Recommendation:

Adopt resolution rescinding Resolution 21-016: A resolution of the City Council of the City of Morgan Hill, California, submitting to the voters of the City an initiative ordinance changing zoning regulations throughout the City of Morgan Hill to prohibit certain new storage and distribution uses in all areas of the City and amending the review process for large-scale development projects.

5. ADOPT RESOLUTION AUTHORIZING AN APPLICATION FOR THE

CALIFORNIA CLIMATE INVESTMENTS-DEPARTMENT OF FORESTRY AND FIRE PROTECTION'S (CAL FIRE) FIRE PREVENTION GRANT PROGRAM.

Recommendation:

Adopt resolution authorizing an application for the California Climate Investments-Department of Forestry and Fire Protection's (CAL FIRE) Fire Prevention Grant Program for the purchase of a radio controlled slope mower.

April 20, 2022
5 6. APPROVE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF MORGAN HILL GRANTING PROGRAM FUNDS FOR THE 2021

STATE HOMELAND SECURITY GRANT PROGRAM
Recommendation:

Adopt a Resolution to:

1. Accept grant funds from the Santa Clara County Office of Emergency Management via the Department of Homeland Security up to the amount of $17,558 for the purchase of a Long-Range Acoustic Device (LRAD);

2. Amend the adopted Fiscal Year (FY) 2021-2022 budget to recognize the Santa Clara County Office of Emergency Services/ Department of Homeland Security funds as revenue, and appropriate $17,558 in the Police Department budget for the capital expenditures; and

3. Authorize the City Manager to execute the Agreement and approve the purchase up to the amount of $17,558 for an LRAD system from Genasys.

7. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY FOR THE 2021 EMERGENCY

MANAGEMENT PERFORMANCE GRANT
Recommendation:

1. Authorize the City Manager to execute the Memorandum of Understanding with the County of Santa Clara for the 2021 Emergency Management Performance Grant (EMPG); and

2. Recognize grant revenue in an amount not to exceed $19,000 for the purchase of Emergency Operations Center (EOC) Technology.

8. APPROVE FIRST AMENDMENT TO SOLID WASTE DISPOSAL CONTRACT Recommendation:

Authorize the City Manager to execute the First Amendment to the Solid Waste Disposal Contract.

9. APPROVE FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE

HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Recommendation:

Authorize the City Manager to execute the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program.

10. APPROVE SECOND AMENDMENT TO GILROY STAFF SERVICES

AGREEMENT
Recommendation:

Authorize the City Manager to execute the Second Amendment to the Gilroy

April 20, 2022
6 Staff Services Agreement for Stormwater Permitting Requirements and Environmental Management Services.

11. APPROVE FINAL MAP FOR APPLE TREE - TRACT NO. 10523 AND

RELATED SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:

1. Approve the Final Map;

2. Authorize the City Manager to execute the Subdivision Improvements Agreement with 18755 OLD MONTEREY LLC, a California Limited Liability Company; and

3. Authorize the recordation of the Final Map and Subdivision Improvements Agreement.

12. APPROVE FOURTH AMENDMENT TO AGREEMENT WITH INNOVATIVE CLAIMS SOLUTIONS, INC.

Recommendation:

Authorize the City Manager to execute and administer a Fourth Amendment to Agreement with Innovative Claims Solutions, Inc. to provide third party claims administration for workers’ compensation extending the agreement for one additional year of service at annual amount of $34,380, for a new total contract amount of $240,980 over 7 years.

13. AWARD EAST DUNNE AVENUE REHABILITATION PROJECT AND
APPROVE CONSULTANT AGREEMENT WITH CSG CONSULTANTS, INC.

FOR FEDERAL-AID PROJECT SUPPORT AND CONSTRUCTION

INSPECTION SERVICES
Recommendation:

1. Approve the East Dunne Avenue Rehabilitation Project plans and specifications;

2. Award contract to A. Teichert & Son, Inc. DBA Teichert Construction for the East Dunne Avenue Rehabilitation Project in the amount of $2,153,195;

3. Authorize the expenditure of construction contingency funds not to exceed $430,639;

4. Authorize the City Manager to execute and administer the construction contract with A. Teichert & Son, Inc. DBA Teichert Construction; and

5. Approve and authorize the City Manager to execute and administer a consultant agreement with CSG Consultants, Inc. in the amount of $175,000 for Federal-Aid project support and construction inspections.

April 20, 2022
7 PUBLIC HEARINGS

14. 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:

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

15. APPROVE DONATION OF MONUMENT SIGNS FROM LEADERSHIP

MORGAN HILL
Recommendation:

1. Review new City of Morgan Hill monument signs proposed by Leadership Morgan Hill;

2. Approve installation of monument signs at proposed locations;

3. Approve the design of the monument signs; and

4. Authorize the Public Services Director to execute agreements as needed with Leadership Morgan Hill and associated contractors to complete the installation.

Estimated Time: 30 Minutes

16. PROVIDE POLICY DIRECTION FOR FY 22-23 COMMUNITY FUNDING

REQUESTS
Recommendation:

Provide policy direction regarding requests for community funding.

Estimated Time: 30 minutes

17. INTRODUCE AN ORDINANCE ESTABLISHING ENFORCEMENT EFFORTS

FOR SIDESHOW PARTICIPANTS AND SPECTATORS
Recommendation:

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

April 20, 2022
8 2. Introduce an ordinance establishing a process to prohibit spectators from participating in illegal speed contests, exhibitions of speed or reckless driving exhibitions.

Estimated Time: 5 Minutes

18. RECEIVE MONTHLY BUDGET UPDATE; MARCH 2022 FINANCIAL AND INVESTMENT REPORTS; AND CITY MANAGER AUTHORITY REPORT
Recommendation:

Accept and file report.

Estimated Time: 10 minutes

19. ADOPT THE COMMUNICATIONS, OUTREACH, AND ENGAGEMENT PLAN

AND APPROVE THE RECOMMENDED STAFFING CHANGES
Recommendation:

1. Adopt the Communications, Outreach, and Engagement Plan; and

2. Approve the classifications for City Clerk/Public Information Officer (PIO); Communications and Engagement Coordinator; and updated Multimedia Coordinator.

Estimated Time: 30 Minutes

PUBLIC HEARING

20. 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;

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

21. ADOPT RESOLUTION OF INTENTION AND INTRODUCTION OF

ORDINANCE TO AMEND THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM (CALPERS) AND THE CITY OF MORGAN HILL TO

April 20, 2022
9 IMPLEMENT THE EMPLOYEE SHARE OF EMPLOYER CONTRIBUTION IN ACCORDANCE WITH SECTION 20516 OF THE CALIFORNIA GOVERNMENT CODE
Recommendation:

1. Adopt Resolution of Intention of the City Council of the City of Morgan Hill stating its intent to amend the contract between the California Public Employees’ Retirement System (CalPERS) and the City of Morgan Hill in order to implement the pension cost share provision in accordance with California Government Code section 20516;

2. Open/close the public hearing;

3. Waive the first and second reading of the ordinance amending the City’s contract with CalPERS; and

4. Introduce the ordinance.

Estimated Time: 5 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 20, 2022
10 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 20, 2022
11

APRIL DEVELOPMENTALASSET #38 - Self-Esteem
Young person reports having high self-esteem
Kalena Santillanes, YAC Active Member
Having high self-esteem is something that is difficult for many people, especially youth, because we are always comparing ourselves to others. I sometimes find myself basing my self-worth on others’ achievements instead of my own personal goals. Like many, I experienced self-doubt during my college applications, constantly wondering if my application was good enough to get accepted and thinking about the other thousands of applicants who may have been better qualified than me or had submitted better essays than mine. However, I realized that this did not matter. All that mattered was that I put in the effort and tried my hardest, and put my best foot forward.

Recently I got accepted into one of my top schools, the University of San Francisco. Although it is not a well-known elite school such as Harvard or Stanford, I was ecstatic when I received my acceptance letter and my self-esteem was through the roof. I was so proud of myself and all the hard work I had put in to apply. I was also so happy to have received a great scholarship provided by the school. It was one of the best feelings in the world, I felt confident and immensely proud of myself.

Julianna Bristol, YAC Active Member
Having self-esteem, let alone high self-esteem is something that I struggled a lot with during middle school. I think that this is something that a lot of people my age struggle with. In this day and age, with social media and constantly comparing ourselves with other people, it is definitely harder to have high self-esteem. Fairly recently, I learned that only my own view of myself matters, and coming to this realization has greatly boosted my self-esteem. I am very grateful that I am able to see myself in a positive light. I know that I won’t always be able to please everybody so it’s important to feel good about myself and what I do. Having healthy self-esteem is something I consistently work on because I know that low self-esteem can lead to actions or decisions that can sometimes be unhealthy.

Aahana Singh, YAC Active Member Love this story and example! Well done Aahana! Having self-esteem in certain situations is the best feeling you could ever feel, along with dopamine getting released in your body. Going back to eighth grade, I decided to be a part of a play in my school. To get a role, each person had to do a solo audition and this would have been my first time performing alone in front of people. Naturally, I was very nervous with having little to no experience in acting. Being the main character in movies my brother and I directed counts, then I had a lot of experience. Leading up to my audition day I was trying my absolute best to give my 100 percent. In addition, I kept in mind that once it was over I would be very proud of myself.

With the help of my brother, I slowly started to feel prepared. Although, there was a part of me thinking, “What if I do terrible?” After all of the hard work, it was time for me to go up on the stage and work my magic. I remember at that moment I was telling myself all of these positive thoughts and how I was going to do amazing. I was thinking highly of myself and telling myself not to care about what other people think about my performance. It was safe to say that I had the most self-esteem during my audition and I was feeling very accomplished. It was one of those situations where I just had to believe in myself. Thankfully, it paid off.

Chiquy Mejía
Youth Development Coordinator
I LOVE MY JOB!

1 CITY COUNCIL STAFF REPORT
MEETING DATE: April 20, 2022
PREPARED BY:

Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
ADOPT RESOLUTION DETERMINING THAT CONDUCTION OF INPERSON MEETINGS WOULD PRESENT A PUBLIC HEALTH RISK AND

CONTINUING TELECONFERENCE MEETINGS

RECOMMENDATION(S)
Adopt resolution to continue holding City Council and commission meetings by teleconference.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Preserving and Cultivating Public Trust
REPORT NARRATIVE:

In light of the existing state of emergency and the County Health Officer’s recommendation, the attached Resolution has been prepared to enable all legislative bodies of the City of Morgan Hill to continue to meet remotely in accordance with AB 361. The Resolution directs all legislative bodies subject to the Brown Act, including the City Council, Planning Commission, Parks and Recreation Commission, and the Library, Culture, and Arts Commission, to continue to only meet remotely in accordance with AB 361. The Resolution also makes the necessary findings under AB 361 by finding that a state of emergency continues to exist relating to COVID-19 and this necessitates that legislative bodies continue to meet remotely. The Resolution is consistent with the County Health Officer's recommendation that legislative bodies continue to meet remotely to promote social distancing to reduce the risk of COVID-19 transmission.

COMMUNITY ENGAGEMENT:

This report serves to inform the Community of the recommendation to continue teleconferenced meetings.

ALTERNATIVE ACTIONS:

1 The Council could choose not to adopt the proposed resolution and continue its April 20, 2022 meeting to a date certain for an in-person meeting. All meetings of the City and its commissions going forward would also be in-person.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Each month since October 6, 2021, the City Council has adopted a resolution determining that conducting in-person meetings would present an imminent risk to attendees’ health and electing to continue conducting meetings using teleconferencing.

FISCAL AND RESOURCE IMPACT:

Continued use of teleconferencing software has a minimal fiscal impact.

CEQA (California Environmental Quality Act):

Not a Project.

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not projects that require environmental review.

RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL DETERMINING THAT CONDUCTING

IN-PERSON MEETINGS OF THE CITY COUNCIL AND ITS

BOARDS AND COMMISSIONS WOULD PRESENT
IMMINENT RISKS TO ATTENDEES’ HEALTH, AND

ELECTING TO CONTINUE CONDUCTING MEETINGS

USING TELECONFERENCING IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 54953(e) (AB 361)
WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency related to the COVID-19 global pandemic, a state of emergency that is ongoing; and WHEREAS, on March 13, 2020, the City Manager in her capacity as Emergency Services Director declared a local emergency due to the spread of COVID-19, and that emergency declaration was ratified on March 18, 2020; and
WHEREAS, the City of Morgan Hill remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention recommends physical distancing of at least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer fresh air from the outdoors, particularly for people who are not fully vaccinated, or are at a higher risk of severe illness due to COVID-19; and
WHEREAS, the City’s public meeting facility is indoor and not designed to ensure circulation of fresh/outdoor air, and not designed to ensure that attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members to come to City facilities to participate in local government, and some of them would be at high risk of severe illness due to COVID-19; and
WHEREAS, technology exists that allows full participation from members of the public without requiring in-person attendance at a City Council meeting.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:

City of Morgan Hill
Resolution No. 22-XXX

1. The conduct of in-person public meetings would pose imminent risks to the health of attendees.

2. Public health and safety and the public right to participate in local government are both critically important. The City of Morgan Hill is committed to balancing both by making City Council and commission meetings accessible through multiple formats and by allowing real-time public comment through teleconferencing solutions.

3. The City Council will renew these findings at least every thirty (30) days in accordance with Government Code section 54953(e) until the state of emergency related to COVID-19 has been lifted or until the City Council determines that in-person meetings no longer pose imminent risks to the health of attendees, whichever comes first.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the April 20, 2022.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
_____________________________ ________________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 22-XXX, adopted by the City Council at a regular meeting held on April 20, 2022.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

2 CITY COUNCIL STAFF REPORT
MEETING DATE: April 20, 2022
PREPARED BY:

Lynette Kong, Associate Engineer
APPROVED BY: City Manager
ADOPT RESOLUTION APPROVING FY2022-23 LIST OF STREET
REHABILITATION PROJECTS FUNDED BY SENATE BILL (SB) 1: THE

ROAD REPAIR AND ACCOUNTABILITY ACT

RECOMMENDATION(S)
Adopt resolution approving a list of street rehabilitation projects funded by SB 1, The Road Repair and Accountability Act of 2017.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Preserving and Cultivating Public Trust
2022-2023 Strategic Priorities
Fiscal Sustainability
Transportation
REPORT NARRATIVE:

City staff are in the process of awarding the East Dunne Avenue Rehabilitation Project construction contract and will be bidding for the 2022 Pavement Resurfacing Project; both projects are scheduled for construction this summer.The 2022 Pavement Resurfacing Project will include spot repairs and crack sealing maintenance throughout the City.

The East Dunne Avenue Rehabilitation Project will include pavement rehabilitation along East Dunne Avenue from lower Thomas Grade to the eastern City limit.

The 2022 Pavement Resurfacing Project will include pavement rehabilitation and maintenance treatments for the following streets:
 East Dunne Avenue from Hill Road to lower Thomas Grade;  Jackson Oaks Drive and neighborhood streets;

2  Hill Road from south of East Dunne Avenue to the southern City limit;  Murphy Avenue from San Pedro Avenue to the southern City limit;  East Main Avenue from Monterey Road to Butterfield Boulevard;  Hilltop Court;
 Rustling Oaks Court;
 Condit Road from San Pedro Avenue to Tennant Avenue;
 Church Street from San Pedro Avenue to Barrett Avenue;  Mast Street from Church Street to Vineyard Boulevard;  Vineyard Boulevard from Tennant Avenue to Mast Street;  West Main Avenue from Dewitt Avenue to John Telfer Drive;  Via Grande;
 Hidalgo Court; and
 La Giralda Court
This will be the sixth year the City has been receiving SB 1 fund allocations and the City is continuing to prioritize these funds towards the repair of the City's arterial and collector roadways, while allocating some of the funds to the resurfacing of residential streets.

SB 1, which is known as the Road Repair and Accountability Act of 2017, established a tax that formed the Road Maintenance and Rehabilitation Account (RMRA). The RMRA is intended to fund basic road maintenance and rehabilitation needs on the local street and road systems within the State. Prior to receiving RMRA funds for the Fiscal Year (FY) 2022-23, the City must submit a list of projects proposed to be funded with RMRA funds, adopted by resolution, to the California Transportation Commission (CTC) by July 1, 2022. The list of projects proposed to be funded must include a description and the location of each proposed project, a proposed project schedule, and the estimated useful life of the improvement (Streets and Highways Code Section 2034(a)).

To ensure that the City is eligible for FY 2022-23 SB 1 RMRA funding, the proposed resolution (Attachment 1) identifies the City street locations proposed to be funded by FY 2022-23 SB 1 RMRA funds. These streets include the project streets for the East Dunne Avenue Rehabilitation and 2022 Pavement Resurfacing Projects to ensure full utilization of the FY 2022-23 funding. The proposed resolution is expected to fulfill the CTC’s requirement that the City Council adopt, via resolution, a list of projects proposed for the next fiscal year’s SB 1 RMRA funds and meets the intention of prioritizing these funds for basic road maintenance and rehabilitation projects, and on critical safety projects.

The East Dunne Avenue Rehabilitation and some of the streets from the 2022 Pavement Resurfacing Projects were previously adopted by City Council under Resolution #21-019 for the FY 2021-22 SB 1 RMRA project street list. These project streets are relisted in the FY 2022-23 resolution because the FY 2021-22 RMRA funding was expended on the 2021 Pavement Resurfacing Project. The East Dunne Avenue Rehabilitation Project and the 2022 Pavement Resurfacing Project streets are

2 required by CTC to be relisted in the FY 2022-23 resolution for City Council adoption to reaffirm to the State the City’s intent to fund the project with the SB 1 RMRA funding.

COMMUNITY ENGAGEMENT:

Inform
City staff are working on a significant communication planning effort to be implemented ahead of the work, which is planned to occur during the summer months.

ALTERNATIVE ACTIONS:

The City Council could direct staff to submit a funding request for an alternative project.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
 On March 2, 2022, City Council received an update regarding pavement rehabilitation planning for calendar years 2021 through 2024.  On May 5, 2021, City Council passed Resolution No. 21-019 adopting a list of street rehabilitation projects for FY 2021-22 funded by SB 1.  On June 17, 2020, City Council adopted the FY 2020-21 through 2025-26 Capital Improvement Budget.

FISCAL AND RESOURCE IMPACT:

The FY 2022-23 SB 1 RMRA projected revenue of $1,079,874 will be included as a revenue source for Fund 308 (Street CIP) in the City's CIP under the Pavement Rehabilitation Program (Project No. 519000) as part of the FY 2022-23 project budget.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance, or minor alteration of existing City facilities involving negligible or no expansion of use of those factilities.

RESOLUTION NO._______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN HILL ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,079,874 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate portions of East Dunne Avenue, Hill Road, Murphy Avenue and East Main Avenue, four of the City’s arterial streets; Condit Road and Church Street, two of the City’s collector streets; and Jackson Oaks Drive and its neighborhood streets, Hilltop Court, Rustling Oaks Court, Mast Street, Vineyard Boulevard, West Main Avenue, Via Grande, Hidalgo Court, and La Giralda Court

multiple residential/local streets, throughout the City this year and multiple similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Morgan Hill, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:
1) Project Title: 2022 Pavement Resurfacing Project
Project Description: The removal and replacement of failed pavement sections, pavement milling and conform grinding, cold-in-place recycling (CIR) rehabilitation treatment, a full pavement grind and hot mix asphalt concrete pavement fill, hot mix asphalt concrete overlay, slurry sealing, utility box adjustments, restoration of thermoplastic striping and traffic loop detectors.

Project Locations: 1) East Main Avenue from Monterey Road to Butterfield Boulevard; 2) Hill Road from south of East Dunne Avenue to the southern City limit; 3) Jackson Oaks’ neighborhood streets; 4) Hilltop Court; 5) Rustling Oaks Court; 6) Condit Road from San Pedro Avenue to Tennant Avenue; 7) Church Street from San Pedro Avenue to Barrett Avenue; 8) Mast Street from Church Street to Vineyard Boulevard; 9) Vineyard Boulevard from Tennant Avenue to Mast Street; 9) West Main Avenue from Dewitt Avenue to John Telfer Drive; 10) Via Grande; 11) Hidalgo Court; and 12) La Giralda Court.

Estimated Project Schedule: Start (June 2022)– Completion (October 2022) based on the component being funded with RMRA funds
Estimated Project Useful Life: The City’s Pavement Management System calculates a new useful life of 20 years for these roadways.

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
1) Project Title: 2022 Pavement Resurfacing Project and East Dunne Avenue Rehabilitation
Project Description: The removal and replacement of failed pavement sections, pavement milling and conform grinding, cold-in-place recycling (CIR) rehabilitation treatment, a full pavement grind and hot mix asphalt concrete pavement fill, hot mix asphalt concrete overlay, slurry sealing, utility box adjustments, and restoration of thermoplastic striping.

Project Locations: 1) East Dunne Avenue from Hill Road to lower Thomas Grade; Flaming Oak Lane to upper Thomas Grade; 2500’ east of Holiday Drive to the eastern City limit; 2) Hill Road from south of East Dunne Avenue to the southern City limit; 3) Jackson Oaks Drive; and 4) Murphy Avenue from San Pedro Avenue to the southern City limit.

Estimated Project Schedule: Start (June 2022)– Completion (October 2022) based on the component being funded with RMRA funds
Estimated Project Useful Life: The City’s Pavement Management System calculates a new useful life of 20 years for these roadways.

PASSED, APPROVED, AND ADOPTED by the City Council of to the City of Morgan Hill, State of California at its meeting held on this 20th day of April, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
_________________________________ ___________________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk

 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No.XXXX , adopted by the City Council at the meeting held on 20th day of April, 2022.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

3 CITY COUNCIL STAFF REPORT
MEETING DATE: April 20, 2022
PREPARED BY:

Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
ADOPT ORDINANCE 2331, NEW SERIES, AN UNCODIFIED

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORGAN HILL APPROVING POLICE DEPARTMENT POLICIES 708 (ARMORED
RESCUE VEHICLE) AND 709 (MILITARY EQUIPMENT)

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2331, 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.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:

On April 6, 2022, the City Council introduced Ordinance No. 2331 New Series, by the following roll call votes: AYES: Borgioli, Constantine, Martinez Beltran, McKay, Spring; NOES: None ABSTAIN: None; ABSENT: None.

This item is returning to Council to comply with the noticing requirements regarding the timing between the introduction and adoption.

The adoption of the ordinance is an administrative step required by law outlining the use of military equipment by the Morgan Hill Police Department. The adoption will bring the Morgan Hill Police Department in alignment with the law as outlined in Assembly Bill 481.

3 COMMUNITY ENGAGEMENT:

This report serves to inform the community of the Armored Rescue Vehicle-MedEvac and Military Equipment Policies. Information about the proposed policies is on our website.

ALTERNATIVE ACTIONS:

Not applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

This is the second report to City Council for compliance with the state legislation.

FISCAL AND RESOURCE IMPACT:

There is no Fiscal impact to the City at this time. Any future fiscal impact will be addressed in a coinciding Staff Report requesting permission to add additional equipment to the designated policies.

CEQA (California Environmental Quality Act):

Not a Project.

This entails organizational or administrative activities of governments and will not result in direct or indirect physical changes in the environment.

ORDINANCE NO. 2331, NEW SERIES

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF MORGAN HILL APPROVING POLICE
DEPARTMENT POLICIES 708 (ARMORED RESCUE
VEHICLE) AND 709 (MILITARY EQUIPMENT)

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

Section 1. Police Department Policy 708—Armored Rescue Vehicle (ARV MedEvac) is approved by the City Council in accordance with the requirements of AB 481.

Section 2. Police Department Policy 709—Military Equipment is approved by the City Council in accordance with the requirements of AB 481.

Section 3. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 4. Effective Date; Posting. This Ordinance shall take effect on April 20, 2022.

The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

This ordinance was introduced at a meeting of the City Council held on the 6th day of April,2022, and adopted at a meeting held on the 20th day of April,2022, and said ordinance was duly passed and adopted in accordance with law by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
______________________________ _______________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Ordinance No.2331, New Series

 CERTIFICATE OF THE CITY CLERK 

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2331, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 20th day of April 2022.

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

DATE: _______________________ _________________________________ MICHELLE BIGELOW, City Clerk

4 CITY COUNCIL STAFF REPORT
MEETING DATE: April 20, 2022
PREPARED BY:

Michelle Bigelow, Deputy City Clerk
APPROVED BY: City Manager
ADOPT RESOLUTION RESCINDING RESOLUTION 21-016: A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN

HILL, CALIFORNIA, SUBMITTING TO THE VOTERS OF THE CITY AN

INITIATIVE ORDINANCE CHANGING ZONING REGULATIONS

THROUGHOUT THE CITY OF MORGAN HILL TO PROHIBIT CERTAIN

NEW STORAGE AND DISTRIBUTION USES IN ALL AREAS OF THE

CITY AND AMENDING THE REVIEW PROCESS FOR LARGE-SCALE

DEVELOPMENT PROJECTS

RECOMMENDATION(S)
Adopt resolution rescinding Resolution 21-016: A resolution of the City Council of the City of Morgan Hill, California, submitting to the voters of the City an initiative ordinance changing zoning regulations throughout the City of Morgan Hill to prohibit certain new storage and distribution uses in all areas of the City and amending the review process for large-scale development projects.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
Preserving and Cultivating Public Trust
REPORT NARRATIVE:

On March 3, 2021, the City Council certified the sufficiency of the Morgan Hill Responsible Growth Coalition’s (RG4MH) Initiative Petition. The City Council also directed staff to work with the Morgan Hill Responsible Growth Coalition (MHRGC) to clarify language and develop an ordinance that meets the Initiative’s intent while reducing impacts to existing businesses. As a part of the development of the collaborative ordinance, the MHRGC agreed that once the City Council took action to ratify the Urgency Ordinance and place that Ordinance on the November 2022 ballot, they would request that Resolution 21-016 be rescinded. The collaborative Ordinance was passed on April 7, 2021 as Urgency Ordinance 2320 along with Resolution 21-016 placing the Initiative Petition on the November 8, 2022, ballot. On March 2, 2022, the City Council ratified Urgency Ordinance 2320 and adopted Resolution 22-014 placing the urgency ordinance on the November 8, 2022 ballot.

4 In keeping with the agreement, on April 6, 2022, the MHRGC submitted a letter to the City Clerk requesting that Resolution 21-016 be withdrawn.

COMMUNITY ENGAGEMENT:

This staff report serves to inform the community of the City Council's action to rescind Resolution 21-016.

ALTERNATIVE ACTIONS:

Not applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On September 22, 2020, the Planning Commission recommended changes to the Zoning Ordinance that included language implementing provisions of the Initiative related to the review of large projects. The September 22 recommendation also prohibited all large-scale e-commerce distribution uses but would have allowed some local delivery.

On October 28, 2020, the City Council introduced a Zoning Ordinance amendment adopting the Planning Commission’s recommendations and prohibiting local ecommerce delivery uses. This ordinance was adopted on November 18, 2020.

On March 3, 2021, the City Council certified the sufficiency of the Morgan Hill Responsible Growth Coalition’s (RG4MH) Initiative Petition.

On April 7, 2021, the City Council passed Urgency Ordinance 2320, prohibiting certain types of buildings that meet three cumulative characteristics of dock-high-doors, dock-high-door to square foot ratio and ceiling height and adopted a resolution placing the Morgan Hill Responsible Growth Coalition Initiative petition on the November 2022 ballot.

On February 8, 2022, Planning Commission unanimously approved Resolution 22-04 recommending approval of the ratification Ordinance.

On March 2, 2022, the City Council ratified Urgency Ordinance 2320 by introducing Ordinance 2329 and approved resolution 22-104 placing the Urgency Ordinance on the November 8, 2022 ballot.

On March 16, 2022, the City Council adopted Ordinance 2329.

FISCAL AND RESOURCE IMPACT:

There is no direct cost or resource impact associated with the preparation of this staff report.

CEQA (California Environmental Quality Act):

Not a Project: Rescinding a Council action is not a project subject to review under CEQA.

RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL RESCINDING RESOLUTION NO. 22-
016
WHEREAS, On March 3, 2021 the City Council certified the sufficiency of an initiative measure changing zoning regulations throughout the City of Morgan Hill to prohibit certain new storage and distribution uses in all areas of the City and amending the review process for largescale development; and WHEREAS, in response to the initiative measure, the City Council adopted Resolution No. 22-016 placing the measure on the ballot for the November 2022 general election; and WHEREAS, the City has received a request, signed by both proponents of the measure, asking to withdraw the initiative measure; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORGAN HILL THAT:

1. Resolution No. 22-016 is hereby rescinded.

2. The City Clerk or designee is hereby authorized and directed to provide a copy of this resolution to and work with the Santa Clara County Registrar of Voters to remove the initiative measure certified on March 3, 2021 from the November general election ballot.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the April 20, 2022
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
_____________________________ ________________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 22-XXX

 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 22-XX, adopted by the City Council at a regular meeting held on April 6, 2022.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

DocuSign Envelope ID: EDDFEBA3- 4725- 4CAE- BE25- 957D22BF3FBF RESOLUTION NO. 22- 014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL, CALIFORNIA SUBMITTING TO THE

VOTERS OF THE CITY AN ORDINANCE CHANGING

ZONING REGULATIONS THROUGHOUT THE CITY OF

MORGAN HILL TO PROHIBIT BUILDINGS WITH

CHARACTERISTICS THAT COULD BE USED FOR NEW

STORAGE AND DISTRIBUTION USES IN ALL AREAS OF

THE CITY
WHEREAS, pursuant to authority provided by Division 9, Chapter 3, Article I commencing at S 9200) of the Elections Code of the State of California, a petition was filedwith the City Council of the City of Morgan Hill signed by more than ten percent ( 101/6) of the registered voters of the City, according to the Santa Clara County Registrar of Voters last officialreport of registration to the Secretary of State, to submit a proposed ordinance to the voters changing zoning regulations throughout the city ofMorgan Hill to prohibit certain new storage and distribution uses in all areas ofthe City and amending the review process for large- scale development projects; and WHEREAS, the qualified initiative was placed on the November 8, 2022 ballot on April 7, 2021
WHEREAS, a collaborative discussion of the goals of the initiative was held between the City and the Morgan Hill Responsible Growth Coalition to examine the potential for nonconforming designations on existing buildings and a revised ordinance was developed and adopted as Urgency Ordinance 2320 on April 7, 2021; and
WHEREAS, Urgency Ordinance 2320 was adopted and ratified as a permanent ordinance on March 2, 2022; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORGAN HILL AS FOLLOWS:

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. Election. The City Council hereby calls a General Municipal Election for Tuesday, November 8, 2022 ( the " Election") and orders, pursuant to Section 9222 of the Elections Code, that Ordinance 2329 changing zoning regulations throughout the city of Morgan Hill to prohibit building with characteristics that could be used for new storage and distribution uses in all areas ofthe City.

Section 3. Ballot Question. The question submitted under Section 3 of this Resolution shall appear on the ballot as follows:

DoouSign Envelope ID: EDDFEBA3- 4725- 4CAE- 8E25- 957D22BF3FBF City of Morgan Hill
Resolution No. 22- 014

Shall the ordinance, changing zoning regulations throughout the city of Morgan Hill to prohibit buildings with characteristics that could be used for new storage and distribution uses in all areas of the City be YES
adopted? NO
Section 4. Approval. Pursuant to Article XIII C ofthe Constitution, this measure requires approval by a majority (50% plus 1) of those casting ballots on the measure.

Section 5. Consolidation. Pursuant Section 10400 et seq. ofthe Elections Code, the Board of Supervisors of Santa Clara County ( Board of Supervisors) is requested to consolidate the Election with other elections held on the same day in the same territory or in the territory thatis in part the same.

Section 6. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

Section 7. Conduct of Election. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the Santa Clara County Registrar of Voter' s Office to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro -rations and allocation procedures.

Section 8. Filing with County. The City Clerk shall file a certified copy of this Resolution with the Board ofSupervisors.

Section 9. Analysis and Argument. The City Council authorizes all members ofthe City Council to file written argument( s) In Favor of, or Against the measure described in Section 3 above, not exceeding 300 words, accompanied by the printed name( s) and signature( s) of the author( s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the ballot measure may be submitted to the City Clerk.

The City Attorney shall prepare an impartial analysis ofthe measure. Any person or persons may file an argument either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. Rebuttal arguments shall be permitted pursuant to applicable law.

Section 10. In accordance with Elections Code section 9280, the entire text of the measure referenced in Section 3 above, shall not be placed in the voter information sample ballotand instead there shall be printed immediately below the impartial analysis, in no less than 10- point type, the following: "The above statement is an impartial analysis of the Ordinance of The City of Morgan Hill, California changing zoning regulations throughout the city of Morgan Hill to prohibit building with characteristics that could be used for new storage and distribution uses in all areas of the City. If you desire a copy ofthe measure, please visit http•// www.morgan- hill.ca. gov, email the City Clerk at clerk@morganhill. ca.gov, or call the CityClerk at ( 408) 779- 7271 and a copy will be mailed or e- mailed at no cost to you."

DocuSign Envelope ID: EDDFEBA3- 4725. 4CAE- 8E25- 957D2213F3FBF City ofMorgan Hill
Resolution No. 22- 014

r Section 11. The primary arguments for and against the measure shall be submitted to the City Clerk by five o' clock p.m. on August 16, 2022 to meet the deadline established by the Santa Clara County Registrar of Voters for primary arguments. The arguments shall be filed with the City Clerk, signed, with the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author ofthe argument. The arguments shall be accompanied by the Form of Statement to Be Filed by Author( s) of Argumentto be provided by the City Clerk.

Section 12. In accordance with Elections Code section 9285( b), the City of Morgan Hill hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.

The elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors in any argument in favor ofthe measure immediately upon receiving the arguments.

The author, or a majority of the authors, of any argument relating to the measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors The rebuttal arguments shall be filed with the City Clerk, signed with the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be provided by the City Clerk and to be filed by the author( s) of the argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

Rebuttal arguments for and against the measure shall be submitted to the City Clerk by five o'clock p.m. on August 23, 2022 to meet the deadline established by the Santa Clara County Registrar of Voters for rebuttals.

Section 13. Effective Date. This Resolution shall be effective immediately uponadoption.

Section 14. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law.

DocuSign Envelope ID: EDDFEBA3- 47254CAE- SE25- 957D22BF3FBF City ofMorgan Hill
Resolution No. 22- 014

PASSED AND ADOPTED by the City Council of Morgan Hill at the meeting held on this 2nd day of March 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

DOouSlgned by:
k (blabfa{ itn t
W—NC44NWIAN I INE, Mayor
Gino Borgioli, Rich Constantine,
Yvonne Martinez Beltran, John McKay, Rene Spring
None
None
None
ATTEST:

WCUSlened by:
lw& otc ow
II9*€bED19IGELOW, City Clerk
bo CERTIFICATION cz
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 22- 014, adopted by the City Council at themeeting held on March 2, 2022.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL. 7owSIp d by:

DATE: 3/ 7/ 2022 POAcllc 0 tlow
NfleMEEIRIBTGELOW, City Clerk

DocuSign Envelope ID: 6717BF3F- 8A88- 42D3- AEE1- CBD6FE214032 ORDINANCE NO. 2329.) NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL

PERMANENTLY ADOPTING AND RATIFYING
ORDINANCE NUMBER 2320 PREVIOUSLY ADOPTED

AS AN URGENCY ORDINANCE ADDING SECTION

18. 76. 140 (" MAXIMUM DOCK HIGH DOOR RATIO")
TO CHAPTER 18.76 PERFORMANCE STANDARDS")
AND AMENDING SECTIONS 18. 124.050
INDUSTRIAL USES") OF CHAPTER 18. 124 (" LAND
USE DEFINITIONS") AND 18.128.020 (" DEFINITIONS")
OF CHAPTER 18. 128 (" GENERAL TERMS") OF TITLE
18 (" ZONING") OF THE MORGAN HILL MUNICIPAL

CODE TO CREATE A MAXIMUM DOCK - HIGH -

DOOR RATIO FOR CERTAIN STRUCTURES AND TO
ADD DEFINITIONS.

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

Section 1. Section 18. 76. 140 (" Maximum Dock High Door Ratio") of Chapter 18. 76 Performance Standard") of Title 18 (" Zoning") is hereby added to read as follows:

18. 76. 140 - Maximum Dock High Door Ratio
The maximum Dock High Door to Square Foot Ratio for a facility that has a floor area of seventy-five thousand ( 75, 000) square feet or greater and a ceiling height of more than thirtyfour ( 34) feet over more than twenty- five ( 25) percent ofthe floor area is 1: 25, 000 Section 2. Subsection ( D) (" Manufacturing, Light") of Section 18. 124.050 (" Industrial Uses") of Chapter 18. 124 (" Land Use Definitions") of Title 18 (" Zoning") is hereby amended to read as follows:

D. Manufacturing, Light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing. Includes manufacture of electric and electronic instruments and devices. Excludes saw and planing mill sand manufacturing uses involving primary production of wood, metal or chemical products from raw materials. For purpose of this definition, the term " Assembly" includes creation of a component or end item made from a number of parts and subassemblies.

Assembly does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e- commerce or of wholesale trading.

DocuSign Envelope ID: 6717BF3F- 8A88- 42D3- AEE1- CBD6FE214032 City of Morgan Hill Ordinance
No. 2329, New Series

Section 3. Subsection ( C) ("' C' Terms") of Section 18. 128. 020 (" Definitions") of Chapter 18. 128 General Terms") of Title 18 (" Zoning") is hereby amended to read as follows:

C. " C" Terms.

1. California Room. A room or space in a building where one or more sides is open and exposed ( without a wall or windows) to adjacent outdoor space.

2. Ceiling Height. The clear vertical distance from the finished floor to the finished ceiling.

If the ceiling is unfinished, the ceiling height is the distance from the floor to the lowest projecting beams, joists, or truss work.

3. Cessation of Use. The discontinuation of a use, either temporarily or permanently, whether with the intent to abandon such use or not.

4. City Geologist. A registered professional geologist certified by the state of California in the specialty of engineering geology ( C.E.G.) who is either a city staff member or a consultant retained by the city.

5. Clear Triangle. A triangular area bounded by the street right- of-way lines of a corner lot and a line joining points along said street lines 20 feet from the point of intersection.

6. Commercial. Any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor or improver.

7. Conditional Use. A use that requires approval of a conditional use permit or an administrative use permit.

8. Condominium. Individual ownership of a dwelling unit within a multiple -unit structure exclusive ofthe land underlying such structure.

9. Condominium Development. A structure and appurtenant premises divided in ownership by the existence of the condominiums as defined in Section 783 of the California Civil Code. Includes instances where ownership is divided following prior single ownership of the entire structure and premises, as well as new structures divided in ownership.

Section 4. Subsection ( D) ("' D' Terms") of Section 18. 128. 020 (" Definitions") of Chapter

18. 128 (" General Terms") of Title 18 (" Zoning") is hereby amended to read as follows:

D. " D" Terms.

DocuSign Envelope ID: 6717BF3F- 8A88- 42D3- AEE1- CBD6FE214032 City ofMorgan Hill Ordinance
No.2329, New Series

1. Deck. A platform, either freestanding or attached to a building, that is supported by piers, pillars or posts.

2. Dock -High -Door. An opening to the outside of a building used to interface with trucks for the loading and/ or unloading of goods, products, merchandise or wares of any type and where the bottom ofthe opening is not at ground level but rather elevated by twentyfour ( 24) inches or more.

3. Dock -High -Door -to -Square -Foot Ratio. The ratio of the total number of Dock -High - Doors that a building has to the total square feet of building floor area.

4. Driveway. A permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport or other parking space, parking area, or loading area.

5. Driveway Aisle, Major. A driveway providing principal access to the parking area or the driveway providing principal circulation throughout the parking areas or premises.

6. Driveway Apron. A paved area providing principal access from a drive aisle or street right- of-way to a garage or other covered parking space.

7. Dwelling. A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Excludes tents, cabins, trailers and trailer coaches.

8. Dwelling Unit. A room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by one family on a non -transient ( less than thirty - day stay) basis and having not more than one kitchen.

9. Density. The number of dwelling units permitted per net lot area.

Section 5. Severability. Should any provision of this ordinance be deemed unconstitutionalor unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 6. Effective Date; Posting. This Ordinance shall take effect on March 16, 2022.The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

DocuSign Envelope ID: 6717BF3F- 8A88- 42D3- AEE1- CBD6FE214032 City of Morgan Hill Ordinance
No.2329, New Series

THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON THE 3rd DAY OF MARCH 2022, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 16th DAY OF

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

DocuBtgned by:

RIt 2N" ANTINE, Mayor
Gino Borgioli, Rich Constantine,
Yvonne Martinez Beltran, John McKay, Rene Spring
None
None
None
ATTEST:

DocuSigned(bbyy:

Meewl' k7 ow
iF,r,T> IGELOW, City Clerk
CERTIFICATE OF THE CITY CLERK cz

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2329, New Series, adopted by the City Council ofthe City of Morgan Hill, California at their regular meeting held on the 16th day of March 2022.

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

Zak,
uSigned by:

DATE:
3/ 18/ 2022 0* 0
IEEEMIGELOW, City Clerk

DocuSign Envelope ID: 08090FD5- E191- 41 BF- 80E3- EAE53646AE30 RESOLUTION NO. 21- 016

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL, CALIFORNIA SUBMITTING TO THE

VOTERS OF THE CITY AN INITIATIVE ORDINANCE

CHANGING ZONING REGULATIONS THROUGHOUT

THE CITY OF MORGAN HILL TO PROHIBIT CERTAIN

NEW STORAGE AND DISTRIBUTION USES IN ALL

AREAS OF THE CITY AND AMENDING THE REVIEW

PROCESS FOR LARGE- SCALE DEVELOPMENT

PROJECTS
WHEREAS, pursuant to authority provided by Division 9, Chapter 3, Article 1 commencing at S 9200) of the Elections Code of the State of California, a petition has been filed with the City Council of the City of Morgan Hill signed by more than ten percent ( 10%) of the registered voters of the City, according to the Santa Clara County Registrar of Voters last official report of registration to the Secretary of State, to submit a proposed ordinance to the voters changing zoning regulations throughout the city of Morgan Hill to prohibit certain new storage and distribution uses in all areas of the City and amending the review process for large- scale development projects; and
WHEREAS, the City Clerk, though the Santa Clara County Registrar of Voters, has examined the records of voter registration and ascertained that, pursuant to California Elections Code section 9215, the petition was signed by the requisite number of voters, and has so certified; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORGAN HILL AS FOLLOWS:

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. Election. The City Council hereby calls a General Municipal Election for Tuesday, November 8, 2022 ( the " Election") and orders, pursuant to Section 9222 of the Elections Code, that the Initiative Petition ordinance changing zoning regulations throughout the city of Morgan Hill to prohibit certain new storage and distribution uses in all areas of the City and amending the review process for large- scale development projects be submitted to the voters at that election.

Section 3. Ballot Question. The question submitted under Section 3 of this Resolution shall appear on the ballot as follows:

DocuSign Envelope ID: 08090FD5- E191- 41 BF- 80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

Shall the Initiative ordinance, changing zoning regulations throughout the city of Morgan Hill to prohibit certain new storage and YES distribution uses in all areas of the City and amending the review process for large- scale development projects be adopted? NO Section 4. Approval. Pursuant to Article XIII C of the Constitution, this measure requires approval by a majority (50% plus 1) ofthose casting ballots on the measure.

Section 5. Consolidation. Pursuant Section 10400 et seq. of the Elections Code, the Board of Supervisors of Santa Clara County ( Board of Supervisors) is requested to consolidate the Election with other elections held on the same day in the same territory or in the territory that is in part the same.

Section 6. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

Section 7. Conduct of Election. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the Santa Clara County Registrar of Voter' s Office to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro -rations and allocation procedures.

Section 8. Filing with County. The City Clerk shall file a certified copy of this Resolution with the Board of Supervisors.

Section 9. Analysis and Argument. The City Council authorizes all members of the City Council to file written argument(s) In Favor of, or Against the measure described in Section 3 above, not exceeding 300 words, accompanied by the printed name( s) and signature( s) of the author( s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the ballot measure may be submitted to the City Clerk.

The City Attorney shall prepare an impartial analysis of the measure. Any person or persons may file an argument either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. Rebuttal arguments shall be permitted pursuant to applicable law.

Section 10. In accordance with Elections Code section 9280, the entire text of the measure referenced in Section 3 above, shall not be placed in the voter information sample ballot and instead there shall be printed immediately below the impartial analysis, in no less than 10 - point type, the following: The above statement is an impartial analysis of the Ordinance of The City of Morgan Hill, California Adding Chapter 5. 06 ( Cannabis Business Tax) to Title 5 of the

DocuSign Envelope ID: 08090FD5- E191- 418F-80E3-EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

Morgan Hill Municipal Code. If you desire a copy of the measure, please visit http:// www. morgan- hill. ca. gov, email the City Clerk at clerk(c morganhill. cov, or call the City Clerk at ( 408) 779- 7271 and a copy will be mailed or e- mailed at no cost to you." Section 11. The primary arguments for and against the measure shall be submitted to the City Clerk by five o'clock p.m. on August 16, 2022 to meet the deadline established by the Santa Clara County Registrar of Voters for primary arguments. The arguments shall be filed with the City Clerk, signed, with the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author( s) of Argument to be provided by the City Clerk.

Section 12. In accordance with Elections Code section 9285( b), the City of Morgan Hill hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.

The elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors in any argument in favor of the measure immediately upon receiving the arguments.

The author, or a majority of the authors, of any argument relating to the measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors.

The rebuttal arguments shall be filed with the City Clerk, signed with the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be provided by the City Clerk and to be filed by the author( s) of the argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

Rebuttal arguments for and against the measure shall be submitted to the City Clerk by five o' clock p.m. on August 23, 2022 to meet the deadline established by the Santa Clara County Registrar of Voters for rebuttals.

Section 13. Effective Date. This Resolution shall be effective immediately upon adoption.

Section 14. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law.

DocuSign Envelope ID: 08090FD5- E191- 41BF- 80E3-EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 7' day ofApril 2021 by the following vote:

AYES: COUNCIL MEMBERS: Gino Borgioli, Rich Constantine, Yvonne Martinez Beltran, John McKay, Rene Spring
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED:

Cby: DocuSigned
l , (& Ujat&fiVx
02EAF5B057884E7...

RICH CONSTANTINE, Mayor
ATTEST:

DocuSigned by:

MICHELLE BIGELOW, City Clerk
bz) CERTIFICATION cz
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 21- 016 adopted by the City Council at the meeting held on the
7th day of April 2021.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL. 9/ 15/ 2021
DATE:

DocuSigned by:

P
A"' 11a Qi-agw
MICHELLE BIGELOW, City Clerk

DocuSign Envelope ID: 08090FD5-E191- 41 BF-80E3-EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

INITIATIVE .MEASURE TO BE SUBMITTED DIRECTLY TO,THE VOTERS The City Attorney has
the proposed measure: prepared the following title and summary of the chief purpose and points of TITLE: Citizens' initiative changing zoning regulations thro new storage and distribution uses in all areas of the City and amending the m iew p gho . ut the city of Morgan l
s
proh it certain
development projects. process for
it
SUMMARY OF RHEASUAE: Tile measure is proposed to prohibit new uses that meet th definition of a permits fulfillment for large- center" scalein development all areas of Morgan projects. Hill and to require Planning Commission review of all discretionary Ifapproved, the measure would define the term " fulfillment center" to include any structure with. greater than 75, 000 square feet offloor area that has more than 1 dock -high -door pei- 25, 000 square feet and a clear ceiling height as' ofmore a fulfillment - than twenty- centerfour ( regardless 24) feetofover actual moreuse. ` than 25 percent ofits floor area. Any such structure would be classified The measure would prohibit;uses and structures that meet the definition ofa fulfillment center in all zones within the City. Existing uses and structures would be allowed to continue as legal- nonconfo uses would be unable to expand their current use. Property allow Legalmodifications nonconformingomaesubstantial to legal -nonconforming buildings. p
owners would not be allowed to make substantial
raisedTheelevation measureofwould twenty-define four (24) the term " inches dock -high -door" to mean an opening to the outside of a building with a ormore to allow for the loading and unloading oftrucks. " Clear ceiling height" would be defined as the,distance from the floor to the lowest -hanging ceiling object, beam, joist? ortruss.

In -addition, the measure would make changes to the development review process. Specifically, the measure would require all discretionary development permits for large- scale develo ent Planning Commission. A large development e approved by the project would be defined as -a ppoect thaproincludes cts to
more than 75 00
height, square feet regardless ofnewoffloor use. area, or is anew building or an addition wan existing building that is more Ihan 35 feet in J t.r. ur 1 RUN I WIN U U1HCULATE INI.TTATIVE PETITION AND STATEIiIXENT OF REASONS Notice is hereby given by the persons whose names appear hereon oftheir intention to circulate a petition within the City of Morgan Hill for the purpose of amending the Zoning Code ( Article 18) of the City of Morgan Hill Municipal Code. A statement ofthe reasons ofthe proposed action as contemplated in the petition is as follows: The purpose ofthiss-ordinance is to preserve the small --town feel and family -friendly character of Morgan Hill, to protect the health and safety ofits residents, and to support the viability oflocal busiinesses by enacting legislation that will enable;ourcityto remain distinctive.in the midst ofthe rapidly changing. logistics and.distribution industry. This .ordinance safeguards our. General . Plan, and land use eintitlemenV process, allowing it to evolve in a sustainable marmer•that encourages high. quality job growth andlrrieeta the needs of our residents and visitors.

Distribution This ordinance Center) updates as a defined the Morgan land Hill Zoning Code to include Fulfillment Center ( commonly known as use; ' and to distinguish this use from traditional Warehouse & Distribution prohibit associatedFulfilhrie$ with manufacturing t Centers... or static storage buildings that already exist in Morgan Hill. This ordinance will strictly. a,permitted land use' anywhere withiin,-the City limits.of Morgan Hill:

The proposed ordinance also changes the review and decision=making authority for administering the Zoning Code to allow Morgan Hill residents, through their elected officials and appointed planning. commissioners, to have a.voice in deciding whether large- scale development projects are permitted in the City.

The intent of this ordinance is to allow -responsible growth for job -generating land use in our City, consistent Hill' wth -sthespecial General character Plan, Zoning and Code and Economic Blueprint while preserving public health and safety. unique quality oflife for generations to Margam.

Signed: / s/ Joseph Baranowski 16600 Monterey ST #67 Morgan Hill CA 9503.7, / s/ Andrew Plant 7660 .Fay Ave Suite X La Jolla, CA 92037, and.ls/ Rick Kent 18735 Madrone Parkway Morgan Hill * CA 95037.

Page. 1 of 13

DocuSign Envelope ID: 08090FD5- E191- 41BF- 80E3- EAE53646AE30 t ,
City of Morgan Hill
Resolution No. 21- 016

TEXT OF PROPOSED INITIATIVE
The people of the City of Morgan Hill, California, do hereby ordain and enact as follows:

ARTICLE I: FINDINGS, PURPOSE, AND INTENT OF INITIATIVE
of City of Morgan Bill ("C ") find and declare as follows:

Section I.I. Findin s. The People
A. The Morgan Hill General Plan represents the collective vision of the community. and serves as the primary policy document governing land use in the City. The MORGAN HILL 2035 GENERAL- PLAN (" General Plan') represents countless hours of collaborative work by City staff and residents to develop a collective vision for what Morgan Hdl.will look and feel like through the year 2035. The overarching goal of the' GenerdPlan is to " maintain Morgan Hill' s family-frietdly character and strong sense of commmity."while the' community grows and prospers." In accordance with Government Code Section 65032, the General Plan , defines a framework of detailed goals and policies intendedto provide clear guidance for decision makers in the areas of land use, circulation, housing, conservation, open space, noise, and safety. Residents want the City to respect and follow the principles of the General Plan.
i. Preserve the City' s unique character and quality oflife:

Often called the "hidden gem of SiliconValley, Morgan Hill has long been known for its pastoral valley and hillsides, quaint downtown, and family -friendly atmosphere. These qualities are expressed in the General. Plan as: " strong connections eloquently e between Morgan Hill' s developed neighborhoods, natural setting, and agricultural surroundings establish the feeling ofa traditional, family- oriented, high quality,_ progressive, and active small town removed, although easily accessible,_ from the crowded, . paced Silicon Valley communities to the north."
ii.. Adhere to principles for responsible growth in all land use decisions. Incorporated in 1906; Morgan Hill has slowly evolved from an agrarian area into a small suburban community; yet its small- town charm has not been lost, even as the population. has grown to over 45, 000 residents. This ideology is further affirmed by'the General Plan: " Morgan Frill is proud of its small town character, strong sense of coinniuntty, abundant access to open space and recreational amenities and ever growing
participation in the Silicon Valley economy", and seeks to promote these desirable qualities through thoughtful: land use planning." As we go forward, " the City seeks to build upon its: previous success by maintaining a steady, " Fell deimed,. arid. responsible rate of growth."
iii: Protect environmental resources for future generations.

The residents of Morgan Hill declare that irresponsible development cannot easily be undone. The General Plan has safety, services, and infrastructure policies intended to " protect people from detrimental impacts -associated with development".

Residents want the City to make the most conscientious land use decisions based on these elements to protect the pastoral landscape and family -friendly atmosphere for`years to come, as these qualitiesinake Morgan Hill a beautiful place to visit and an extraordinary. place, to live.

R The Morgan Hill Zoning Code regulates land use in the City by implementing policies of the General Plan to protect public health, safety, and welfare:

Codified as Title 18 in the
Morgan Hill Municipal Code, the Zoning Code of the City of Morgan Hill (the " Zoning Code") implements the General iePlan through detailed land use and development rcgulf

7.oning Code establishes a Zoning Map with zoning districts that apply to all property in Morgan Hill. The Zoning Code identifies which specific land uses are perrnitted in each zoning dish ic' and establishes development standards for each zoning district. As set forth in Section 18. 0.4.040 of the Morgan Hill Municipal Code, the City' s Zoning Code anus to achieve each of the following purposes::
q " Preserve and enhance Morgan Hill' s small-town feel and family friendly character."
ii " Protect and enhance thequality of lifein residential neighborhoods."
Iii. " Support a vibrant, diverse, and dynamic local economy." iv.., . , Protect environmental. resources and.promote a sustainable development pattern."
Morgan Hill Zoning Code contains, 'outdated definitions related to land use for Warehousing and Distribution.

Revisions to the Zoning Code have not kept pace with the evolution of; e-commerce and fails to adequately distinguish characteristics of traditional " warehouse and .distributiori'• from modem -clay Fulfillment Centers. Many industry and government organizations _ recognize , and clearly define the differences between traditional warehouses and Fulfillment Centers and this initiative updrites the Zoning Code to do the some;'
i .. Current honing Coale describes a traditional warehouse facility only. The. Zoning Code describes Warehousing and Distribution under Industrial Land Uses:( 18: 124. 050) as "• a use engaged in storage," wholesale and distribution of manufactured products, supplies, and equipment to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or, brokers in buying merchandise for or selling merchandise to such persons or companies." This description characterizes a traditional warehouse facility but not a modern Fulfillment Center.

DocuSign Envelope ID: 08090FD5- E191- 41 BF- 80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

NATIVE. MEASURE TQ. BE SUBMITTED DIRECTLY To THE VOTERS K. Current. Zoning Code does, not presently include a
definition for Fulfillment Center. Fulfillment Centers and Distribution Centers have revolutionized the way .e- commerce companies meet the, demands of their , customers. The most common term for these facilities is " Distribution Center", also, labeled , as Fulfillment Center, Ecommerce Center,, Logistics Center, :.Parcel Hub,; 7: old Storage Facility,;. High Cube Warehouse,, Last -Mile. Distribution Facility, and many other names that describe these specialized facilities in the logistics and distribution industry. The term, "Fulfillment Center" was selected for the purpose of this ordinance, rather than " Distribution Center", because the Morgan,Iiill Zoning Code already contains the defined tern? " Warehouse and Distribution Facility". to.refer to traditional uses associated with manufacturing, wholesaling, and other business -to -business.. commerce, none of which are affected by this proposed ordinance; It. was determined that allowing :" Distribution Facility" and ` Distribution Center" to refer to two different types of land uses in the Zomng..Code, would create unnecessary confusion. Therefore, " Fulfillment Center" is used to represent all related facilities.:;
iii. The function of a Fulfillment Center is vastly different froma traditional warehouse. Driven primarily by the massive growth in e- commerce over the past decade, - the . role of warehousing has been radically transformed in the supply chain and logistics industry. While many different types of Fulfillment Centers have evolved to meet.the. demands of e- commerce, they share each of the following characteristics which differentiate them from traditional. warehouses.
a. Primary role: While traditional warehouses are used for more static 10119- 4am storage ofmanufactured goods Fulfillment Centers are used for short-term storage, fast intake and rapid shipment of goods driven by customer demand.
b.. Operations: A typical warehouse has fairly simple
everyday . operations . that include , organizing stored goods, shipping pallets of goods, and replenishing stock at periodic intervals. Fulfillment Centers usually ship individual products directly to customers making operations much more complex when they are managing tans of thousands of unique.products, or stock keeping units ( SKUs). To meet customer demand, product flow, volume and velocity. are also much greater in Fulfillment Centers.
c, Technology: Technology is an integral part of the order fulfillment . process for all a commerce companies. Unlike traditional warehouses, in order to handle the high volume and rapid movement of products, Fulfillment Centers use advanced technology for functions such as warehouse management,
transportation management, . package , . identification, ; sorting, Picking, packaging, labeling, etc. many of which are becoming fully automatedusing robots and computer -controlled automated systems. These value-added services are . designed' to reduce inventory carrying costs and act as a bridge between a supplier and its customers.
rv. Design specifications for a Fulfillment Center differ from those for a traditional warehouse, Because of the dynamic nature ofits operations, modern Fulfillment Centers have different building requirements than traditional. warehouse and. distribution facilities in order.to Optimize the high-volume product flow. While there are many types ofFulfillment Centers being built across the country, they share each of. the following physical characteristics which distinguish them from a traditional warehouse:
a. Floor area and ceiling heights: Fulfillment Centers
usually require more square footage of available;: floor area 75, 000 square , feet or. more) and higher clear .ceiling heights gr(!ater:than 24 feet) that are geared for high volume; and velocity of modern c- commercc distribution b. Service Doors and Docks: A dock -high door is a loading dock that is not at ground level but rather is elevated in order to align . with the standard tractor -trailer height for. loading, or unloading goods without a change in elevation. The number of dock -high doors is a key characteristic. of modern Fulfillment Centers. The Dock -High -Door -to -Square -Foot Ratio (DHDSFR) is the ratio of the total number. of dock -high doors, to the building' s total square feet of floor area. Fulfillment. Centers lave a higher ratio of DHDSFR > 1: 25,000 ( i.e. more:than one dockhigh.door for every 25,000 square feet of available: floor area) than traditional warehouses. The number of dock -high doors is an indicator ofthe anticipated -truck traffic that will be generated by a Fulfillment Center C. Located for convenient highway access: Whereas
traditional. warehouses are typically located in urban .industrial areas, Fulfillment Centers are located along interstate highways in rural or urban periphery areas. With explosive e-commerce. growth and competition.to offer shorter delivery times (same-day and . even one- hour deliveryare becoming common), many Fulfillment Centers are moving into urban, and. suburban areas located along major Highways where available land offers convenient highway access. .

D. Fulfillment Centers are unsuitable for land use in our city due to the relatively few quality jobs generated: The General Plan establishes that land use should °` support the development of office and industrial facilities ' to meet local demand, compete for regional growth; opportunities, and create high- quality jobs." City leaders and residents recognize the need to diversify and expand employment , opportunities in. Morgan Hill. The City' s Economic Blueprint states that " attracting high_ quality jobs that are well-suited to the ,skills.and preferences. of local workers, may increase thenumber ofpeople who' bolt live and work in Morgan Hill," However, permitting Fulfillment Centers on parcels allocated for " vibrant job centers" is not consistent with the General Plan or EconomicBlueprint, and does not ensure the long- term economic strength of the City. i. Residents want City planners to be mindful. of the
limited supply of commercial and industrial land available for develgpment in Morgan Hill, But, with little or no public input, City staff approved a 503, 400 square foot_ Fulfillment Center for the Shoe Palace Expansion project City staff was also asked to review and recommend approval of a proposal for General Plan and Zoning Code amendments to permit the development of the

DocuSign Envelope ID: 08090FD5-E191- 41 BF- 80E3-EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

Morgan Hill Technology Center, designed as'a 1, 040, 000 square foot Fulfillment Center. The City has also submitted documents to organizations collectively known as Bay Area Metro;
identifying 797 acres of land to be classified as a Priority Production Area ( PPA) with " last mile production and
distribution" as the key industry envisioned for expansion within the PPA area
fi. Fulfillment Centers do not provide an influx of quality jobs. Studies show that the number ofjobs created per square foot of building or per acre of land, called the employment density', differs depending on the land use -'In 2020, Kent, Washington, which has a substantial number of Fulfillment Centers and advanced manufacturing, flex, and engineering buildings, reported the number of jobs created per square foot of
development is almost five times higher for advanced
manufacturing than for Fulfillinedt Centers. They stated, " with market ` forces strongly favoring storage and pass-through operations for goods produced elsewhere; there is a need for a deliberate, proactive approach" to preserve and grow the manufacturing sectors in Kent' s
industrial lands." Fulfillment
Center jobs also generally have a lower pay scale than
manufacturing jobs: Fulfilhnent Center jobs are highly repetitive and workers experience both physical and psychological stress with the demands of the worm environment _ bending, twisting, running, and lifting boxes in a highpressure setting that prioritizes line speed over employee health.
iiL Automation is displacing Fulfillment Center jobs. Most jobs at Fulfillment Centers involve repetitive tasks, so to increase efficiency and reduce costs, many e- commerce companies have begun to reduce their human work force by deploying automation technology. Sorting; picking, labeling and even janitorial work can be done by robots. Experts in automation ' at Comell University ' and University of Redlands' predict this 'trend will accelerate and 75% to 90%a of Fulfillment Center jobs will be displaced in the near future. As automation increases, so too will the disparity in the number ofjobs created per square foot ofland use. If the predicted, number ofjob displacements does occur, laud developments for advanced manufacturing and research & development are forecast to support 20 to 50 times more jobs per square foot than Fulfillment Centers.

E. Fulfillment Centers generate intense. truck activity around the clock, increasing both highway and surface street traffic, and causing significant damage to roadways. The City General Plan establishes the importance of an, effective Transportation System and recognizes that " congestion in Morgan Hill can be substantially affected by regional traffic if Highway 101 capacity does not meet demand, as regional
travelers attempt to decrease travel times by using local roads".

The most recent 10th Edition of the Institute of Transportation Engineers Trip` Generation . manual, a compilation of traffic generation studies; shows that Fulfillment Centers are likely to generate significantly morepeak hour and overall more traffic on a daily or weekly basis than traditional warehouses. A 2016 study by the Institute of
Transportation Engineers ( High - Cube
Warehouse Vehicle Trip Generation Analysis) found , friar Fulfillment Centers of four different types generate ' between forty- five ( 45) and four hundred ( 400) daily truck trips per 100,000 gross square feet of building area- Residents of Morgan Hill are concerned how traffic could intensify at the Cochrane Road interchange; known as the " choke point" of South County, if Fulfillment Centers are built in that area. As Morgan Hill residents have declared, " Traffic on Hwy 101 is barely tolerable now, it would become absolute gridlock' for anyone traveling through this region of the Bay Area." It is likely that intense trucking activity from Fulfillment Centers would cause
significantly more wear and tear on our roadways. Relevant news articles and government • documents describe unexpected economic repercussions of Fulfillment Centers, including effects on roadways and other infrastructure.' The American Association ofState Highway and Transportation wciais estimate that one big _rig truck results in street maintenance costs that are equivalent to approximately seven thousand ( 7;000) passenger` cars. In Kent, Washington, the city' s long4ange planning manager; in herreport to the city council stated, " One truck is equal to about eight thousand ( 8, 000) cars when it comes to impact on our pavement.

And those costs are bome by the city, which puts us in a difficult fiscal situation to keep that infrastructure maintained." The City ofMorgan ' Hill already struggles ' to fund these repairs to infrastructure as evident by more than $2.0 million -m general fund needs for pavement rehabilitation ' arid street maintenance that are unfunded as of year- end 2019.

F. Fulfillment Centers can produce a significant amount of pollution that would have a detrimental impact on the health and safety of residents. The General Plan establishes that protecting environmental resources for future generations" and making development decisions that " contribute to the overall health and well-being of Morgan. Hill Residents" should be priorities: The General Plan also defines policies for " safety, services, and infrastructure" that "intends to protectpeople from detrimental impacts associated with development, including noise impacts." Fulfillment Centers in Morgan Hill would'result in neighborhoods congested with trucks queued up fOr loading docks while polluting the air with diesel emissions. Onsite equipment like forklifts, and large numbers ofrobots inside open dock doors, produce continuous sounds that travel a considerable distance, especially at night. There are many articles in the news that describe air pollution, noise pollution, and serious health effects from fulfillment centers developed too close to schools and residential areas. The Union of Concerned Scientists,• stated in a 2017 report: " Driven by the fast -paced e-commerce industry, warehousing construction has grown dramatically over the past 10 years in the US and bringing with it, big negatives like air pollution, noise, traffic safety and road damage. Developers are searching for locations with lowland rent, low-wage labor pool, weak political power, and favorable public policies. The exposure of residents, especially, the Young and elderly, to truck emissions, like NOx and particulate matter, causes asthma and other serious respiratory issues." Another article, by Carlos De La Cruz of Sierra Club' s 1Vly Generation campaign states` " Trucks generate more than three-fourths the nitrogen oxides emissions statewide.

These contribute to ozone, which damages the lungs, towers resistance to diseases and causes wheezing and chest pain' For such a small segment ( of the overall numbef of vehicles), they present a big health risk."

DocuSign Envelope ID: 08090FD5- E191- 41 BF- 80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

G. Fulfillment Centers will negatively impact the General Plan Goals for Retail and Tourism, It is widely reported by industrial real estate films that rapid e-commerce growth is expected to continue, driving the insatiable demand for Fulfillment Centers for the foreseeable future. This is true for all types of Fulfillment Centers and especially last -mile Fulfillment Centers where developers and investors are expanding their search for available land to secondary and tertiary markets near population centers. Space for last -mile distribution has become so valuable that, in cities which have allowed it, office buildings are being tom down and the land repurposed as Fulfillment Centers.

Not only is a high percentage of Morgan Hill' s vacant land located adjacent to Highway 101, but such land is less expensive than comparable properties in other Bay Area cities. The land that is now associated with the proposed Morgan Hill' Technology Center was purchased in 2019 at a significant discount on a per acre basis compared to land in Fremont which was purchased in 2018 for a large Fulfillment Center development If allowed, developers will almost certainly build more Fulfillment Centers in Morgan Hill and they will target areas adjacent to highway exits. ' they are likely to request zoning amendments to convert parcels currently zoned for Commercial uses as is the case for the proposed Morgan Hill Technology Center. Given the large footprint, high building heights and number of dock -high doors with resulting trucking activity, the Morgan Hill General Plan goals to " support the development of regional retail facilities that are visibleand accessible from the City' s freeway exits, to provide easy access by local residents as well asshoppers traveling from the City" and to support " a vibrant, enhanced, visible, and well -promoted tourist industry that draws on Morgan Hill' s unique character and variety of amenities" will certainly not be met.

I3. This Initiative encourages development of advanced
manufacturing, research and development, and engineering facilities on industrial land. Other jurisdictions who sought to bring more advanced manufacturing into their industrial employment areas, such as robotics and industrial R& D, recognizethat limiting dock -high doors for truck loading to a ratio of one dock -high door per 25, 000 -square feet of building area discourages trucking -intensive uses such as Fulfillment Centers while providing the flexibility that modem advanced
manufabturing facilities need. Because some, albeit a low percentage, of advanced manufacturing operations require more grade -level truck docks or service doors, no limitations are put on grade -level doors which are understood not to facilitate trucking intensive operations.

L
This initiative promotes democracy in land use
plannir% ensuring that citizens have a voice in deciding whether large development projects should be permitted.

Despite the protections in our General Plan, our community is facing new, imminent threats. Residents have noticed that City planners, under the sway of developers and under the pressure of an ongoing budget crisis, are taking steps to radically change our town and open it up to development that is not consistent with the General Plan. Allowing large- scale development projects to be approved by one person, without review oversight and approval voting) by the Planning Commission and City Council is not responsible land use planning. Morgan Hill residcnts, through their elected officials and appointed planning commissioners, should have a voice in deciding whether large development projects, that could radically alter the character ofourcommunity and have significant long term fiscal impacts, are approved.

J. This initiative proposes FWfiillment Centers not be
permitted as a land use in the City ofMorgan Hill. Fulfillment Centers should not be permitted due to their adverse impacts on the health and safety of residents, detrimental effect to existing and future retail businesses and tourism, inability to generate high-quality jobs, and impact on regional traffic and
transportation. Fulfillment Centers would erode the small-town character of Morgan Hill and forever change our quality of life here.

K
This Initiative proposes regulations that will prevent
new Fulfillment Centers from being established ' in Morgan Hill that are also consistent with the Morgan Hill General Plan, Zoning Code, and Economic Blueprint.
i. The proposed amendments to the Morgan Hill Municipal Code will implement the goals, objectives, and policies of the General Plana
ii. The proposed amendments are consistent with the purposes of the Zoning Ordinance.
iii. The proposed amendments to the Morgan Hill Municipal Code are reasonably related to the public interest, and that public necessity, convenience and general welfare require the proposed amendments.

DocuSign Envelope ID: 08090FD5- E191- 41 BF- 80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

Section 1. 2. Statement o£ Purpose. In establishing this Act, the people of the City do hereby declare it is their purpose and intent to:
residents *
A. Preserve our community' s unique small-town Chi our city and protect uniqun the midst of
safety and health of rrapidly changing
environment by adopting provisions that logistics and distribution industry, while at the same time ensuring the City' s land use entitlement process continues to evolve in a sustainable manner that encourages high quality job growth and meets the needs of our residents and visitors.

B. Update the City of Morgan Hill Municipal Code to identify and prohibit proposed developments that exceed threshold Dock -High -Doors -to -Square -Foot Ratios (DHDSFR) and are therefore indicative of Fulfillment Centers.

C. Update the City of Morgan Hill Municipal Code to distinguish between traditional Warehouse & Distribution facilities and modem Fulfillment Centers,
D. Prevent new Fulfillment Centers from being built anywhere in the City.

E. Ensure thoughtful accountable long-term planning by requiring Planning Commission review and approval for large- scale developments. .

F. Ensure that no member of City staff, whose compensation is funded, in whole or in part, by the payment of fees by the applicants whose applications are requiring approval, has discretionary authority to grant land use entitlements for a proposed Large -Scale Development within the City.

ARTICLE II: AMENDMENT OF CITY OF MORGAN HILL ZONING CODE Title 18 — ZONING, Division I. —
Section 2. 1. Amendments to City of Moran Hill Land Use Regulations.

Zoning Code, of the City ofMorgan Hill Municipal Code; is amended as follows:

Section 2. 1. 1. Definition of Dock High Boor and Dock HiahDoor-to- Square-FootRatio. Chapter ` 18. 12 ( es " 1 of
Me ent") of part 1 (" General provisions") of Division 1 Znnine Cade") of Title 18 (" Z gin ") of the City of Morgan Hill Municipal Code is amended to insert a new Section

18. 12. 045 (" Dock-High-Door-and-Dock-HighDoor -to -Square - FootRatio"), which reads, in its entirety, as follows ( language in bold dnLhle underline text is inserted, language in 4&ee4; d is deleted):

R. T) n k ah lAnnr- n- nuare T+nnt natio ( 1+ l_
thn rmtin of the tntal number of Deck-B3Fh- Dnnr that m hnildina hae to the tatal g, t of build na t9nnr air a_ - Section 2.1.2. Definition of Clear Ceiling Heieht Section

18. 12. 060 (" Hei t' of chapter 18. 12 (" Rules of Measurement" of part 1 (" General Provisions") of Division 1 (" Zoning Code') of Title 18 (" Zoni ") ofthe City of Morgan Hill Municipal Code is amended to insert a new Paragraph B (" r 1 ear CeilinsHeieht"),

DocuSign Envelope ID: 08090FD5- E191- 41BF-80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

which reads, in its entirety, as follows ( language in h ldhnid dauhle underline W is inserted, language in eek is deleted):
a><*
A. Building Height.

I! ! 1 1 : I al 11 1' 1 1 1 1 1' 1:
1 1• 1 I• I I' l l 1.' 1 1 1! I 1 1 W W
r i 1' 1 1 !_ 1 1 : 1 1 , 1 1 1 1 I I . 1 1 1 1
rl 11 ' / 1 1 Y I 1' • aim 1 11 1
1 11•• 1' 11' ,• 11111 111'• 1 1STM 11 k' 1 1
1 r. 1.

R Q Number of Stories.
pax
Section 21.3. _ Definition of Large -Scale Development, Chapter 18. 12 (" Rules of Measuuectieirt' of fart 1 (" General Provisions") of Division l (" Zoning Code") of Title 18 Zoning") of the City Of Morgan IUPMunicipal Code is
amended to insert. a new Section 18. I2.065 (" Large -Scale Development"), which reads, in its entirety, as follows (language in 11414- 4flubkAndedintAXI is inserted, language in 4FgEeel} t tem is deleted):

Section 2. 1. 4. Amendment of Chanter 18. 92 (" Supplemental Standards"). Chapter 18. 92 of Part 3 "( CITYWIDF.

STANDARDS") of Division I (" Zoning Code") of Title 18
ZONING") of the City of Morgan Hill Municipal Code is
amended to include a new Section 18. 92. 105 (" Fulfillment Centers"), which reads, in its entirety, as follpws ( language in hold do Ihl Ind rlin text is inserted):

Chapter 18. 92 - Supplemental Standards.

18. 92. 100— 14Tini- Storage
Section 2. 1. 5. Amendment of Section 18. 124. 050 (" Industrial Uses" 1"1. Section 18. 124. 050 " Industrial Uses" ofChapter

18. 124 (" LAND USE DEFINITIONS") of Part 5
GLOSSARY") of Division 1 (" Zoning Code") of Title 18
ZONING") of the City of Morgan Hill Municipal Code is
amended to insert a new Paragraph H (" Fulfillment Center"), which reads in its entirety, as follows ( language in
and . rlin text is mserted):

18. 124. 050 — Industrial Uses
r
G. Warehousing and Distribution
1 11 ' 1 1 .•
Y * 1% 1. 1 1'
11 1 Ar 1 1 1•
1 II 1• r
IYI _ 111
1 11 _ nl 11 11
f 11 1 1 1
1 1 .( III 1 1
1 r 1 1 1
1 _ 1 1 1!_ %,
1 % 1
11 ' 1 1
1 II1 1 f: 1 1
11 r rll 1
1 1 1 1' 11' 1
1 1 It+
r sl r • 1 %• rr
11 1 1 I11 1' lIPI 1
1 1 1 1 1 1 i11wY I: • 1• .
1 1 1 1 11 1 1 - •
1 — 11
1 I r
1 a_ 1
1 1 1 1 1 %•'
S a_ 1. 1 1•• p t l`--
1 la 1' -
1 1 1 I 1
MIFF 1
Section 2. 1. 6. Amendment of Table J& 26- 2 INDIUSTRiAi 20NING DISTRICTI>1EVELOFNT T STANDARIDS,
Table 18. 26- 2, which is set forth in Section 18.26. 030 Development Standards" of Chapter 18.26 (" INDUSTRIAL
ZONING. DISTRICTS") of Part 2 "( ZONING DISTRICTS") of
Division l ("Zoning Code") of Title 18.(" ZONING") of the City of Morgan an Municipal Code is amended to insert a reference W") to the " Structure Requirements" fable cell and a Note which read in their entirety, as follows ( language in hold dnuhl . Ind d text is inserted):
nt [ entRrc ac d fin d in Certinn 1R t A 0. n a Table 18. 26- 2: INDUSTRIA$, Z( 3N1iYG DISTRICT nrnhlhitPd noes in all Inning T) ictriMp and DEVELt3I'M NT STANDARDS.

Morv FillfflAm n r ntrrs lanf In
nrinr to_ fhe effective da P chala not bt affe ed n., this ji

DocuSign Envelope ID: 08090FD5- E191- 41 BF- 80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

Structure
Requirements IM
Notes:
11 An FAR of 0.6 is allowed for industrial uses. An FAR of 0. 5 is allowed for non -industrial uses.
ivision 1. - Zoning e, Part
Section 2.2. Amendments to Specific Permit
C
8 RINTbKPRETATION OF ZONINCr CODE, and Part 4 - PERMITS GENERAL PROVISIONS, Chapte- and Chapter
AND ADMINISTRATION, Chapter
QIRE 1MENOTS, of the Zoning Code of the city of MorgannHil1 Mun cip Code

18. 108 - SPECIFIC PERMIT REQ
are amended as follows:
of Review Authority and Notice. Section 2. 2. 1.
semtieUPermits. ? cragmP
e irements foAdmttiistra
Review Authority") and Paragraph D (" Public Notice and Barin") of Section 18. 108.020 ( `Adinihistrative UsePermits") of Chapter 18. 108 = Permtf Reents") of Part 4
cTermits and Administration ') ofD'i'vision 1(" mina Code") of Title 18 (" tonin ") of the City of Morga: Hill 1uz* cipal Code are amended to read, in their entireties, asfolloss ( language hol double at n 9erline tex is inserted, language k -2g is deleted):

18. 108. 020 - Adininistrative Use Permits.

C.• Review Authority. The Cotnmuntty Development Director L n wand act nn all Administrative Use
Permit applicatio - -
f" , r •
a hth r tha
Scaie v 1 nrrtPntr• nrnveded_ annlic: etenaes relatinu to f mrtre owe that the Cnlre '' t9evao^ nII1* Pnt Dtrertnr may
refe - - "'`'"';";
e4,. ar.op LTae P=rmt annitcat nn to .t.ne
Pl_ env Cnmmissinn for revi?w and final tprisinn- The
Pla tjtli': . onnmiscintt shall review and act on au
a ` trative iTs Pecm-' '-'':..,;«; M1., a whi h' ( 11 relate to e dei a '
Devalnnmenks• a_nd/ nr (21 ar th®rwt.4e'
jZreietRr nnrcuant n t is marag.

D. Public Notice and Hearing. Public.notice of a pending action on an Administrative Use Permit application nt
anniicatinns relating to . atge- Scale_DeWgpments shall be provided in compliance with Section 18. 104. 100 ( Notice of Pending Action). The Community Development Director shall hold a public hearing for a minor use permit application only upon receiving a written request for a public heating as provided in Section 18. 104- 090.. The Pi gWW
r+,.......iceinn e: half r .view
ggfPrre to t e Pla r ^ mmiscinn at a nob l ..nnbltc
heanng m rmm lianA with t" hanter iR 104 ( nrnmnn F' ermtl MnI si'
Section 2.2.2. Amendment of Definitions Review Authority. and Notice Requirements for Desitin Permits. Paragraphs B Review Authoritu" ), C. C hen Required"}, D (" Significant Prgiects'), E (" Sensitive Sites"), and, G (" Public Notice and gearine") of Section 18. 108. 040. (" Dsign Pennon") of Part 4 permits a+a Achninistration") ofDivision 1(" Zomna Code") of Title 18 (" Zotun .). ofthe City ofMorgan Hill Municipal Code are amended as follows (language in hnllhle nndPrline text is inserted, language in 46ke- is ( 1eleted):

18. 108. 040 - Design Permit
k * k
B. Review Authority:

1. The Community Development Director shall review and act on all Design Permit applications other .
tha annl, catu n
relatint+_ _ -
nnmPntc: provided - however_ n i arne Scale_ DEYQ7 _
thht the Cnmmunits fie:-vG] nnment Dir - r Fav me=ter g pseg I Perm " .. ntioatinn to the Planni_ g t n mission uer a is., al decision The Planning = M1599424" snaei
oiPsy and act nn X11 Design Permit annhcaCtnnawh; rh- 1dr1l a..,•! 7t arP ntherWase
reiat +^ T. arg caie Dey_pi^* ments• a, n..._ --- -- --: - - rel to to x, ue-. der 1`= ° lnr f21 are itherwl. 4.e
n by th CnmmumtY farrnfl 4n the Planni ea Cnrnmissln ---- De+ alnnment Dirertnr pursuant to this naragraithPage 8 of 13

DocuSign Envelope ID: 08090FD5- E191- 41 BF- 80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

INITIA' T'IVE MEASURE TO DE SU-BNHTTED DIRECTLY TO THE VOTERS 3- The City Council shall review and act on all Design Permit applications for new City projects ( e. g., new municipal buildings, parks) determined by the Community Development Director to be significant in accordance with Subsection D below.

C. When Required The following types of projects require a Desiga Review permit:
mxa

12. Other projects determined by the Community Development Director to be significant in accnrdaac4 with Paragraph D 1 or which may adversely affect the environment or adjacent development ce he cnncid r d cnna; tiVp ; tP i
ancr with Paraaranh F, helaw,
D. Sign$ cant Projects.
s*

2. The Community Development Director' s determination that a project is or is nn significant may be appealed to the Planning Commission in accordance with Chapter 18. 112 ( Appeals).

E. Sensitive Sites

2. The Community Development Director' s determination that a site is or is not sensitive and that a Design Permit is required may be appealed to the Planning Commission in accordance with Chapter 18. 112 ( Appeals).

Section 2. 2.3. Blanket Prohibition of City Staff Authority to Grant Discretionary Land Use Annrovals. Section 18.08.020 Authority") of Chapter 18. 08 (" Interoretation of the Zoning Code') of Part I CGeneral Provisions') of Division 1 (" Zoning Code') of Title 18 (" Zoiune") of the City of Morgan Hill Municipal Code is amended to read, in its entirety, as follows language in haiii-dauble underWiLlw is inserted, language in swqRoutteX4 is deleted):

18. 08. 020 - Authority.

The City Council delegates to the Community Development Director and the director's designees the authority to interpret the meaning and applicability of all provisions in the Zoning Code=, provided however that n[ itwith" dina any ntht r ortivision of this code- in nn event shall any staff emnlavA nf_ the nit.. , f. mfirgan Hannrnvea land 1CP an T
for a 7.arae- Scalp i2rv lnnmcnt nrai ct hich r
Pnvlrnnmental _ r yiew under th { alifnrnia Fm' rnn._P„ tal Duality Act ( biblir R catirrec d ode Se^"---
amendedl- m luding witlireut limitation. any
4,RK2leet" roc _de_fined in 14 ( 515 7R1 rpn,» r;,,R
li1SCletinnary annrnval ( ac defined in 14 f GR S1i C7i sn finch airthQdU having h en vested in fhe City Cn incil n_f lid City of Morgan Hi11 and/r,r h Plan_nina_ Cam noVgian of the City of Morgan Hill, as an omprinte
Section 2.2. 4. Amendment of Table 18 100- 1 Review and decision-mak>na authority Table I8.I00- 1, which is set forth in Section 18. 100. 030 ( Review and Decision -Makin
Authority.") of Part 4 (` Temlits and Administration") of Division 1 (" Zoning Code') of Title 18 (' Zommh ') of the City of Morgan Hill Municipal Code shall be arnended as necessary to update the information presented in Table 18. 100- 1 consistent with the tenns and conditions of the various provisions of this Act
ARTICLE III: MISCELLANEOUS
Section 3.L Effective Date. As used herein, " effective date" shall mean the date on which this initiative measure has been adopted by the City Council ofthe City of Morgan Hill or the date upon which it shall have been approved by the voters of the City of Morgan Hill in accordance with applicable laws, whichever shall occur first.

Section 3.2. Ezemntions for Certain Miects. This initiative shall not be construed to apply to any application or development, property, or contemplated use that, under state or federal law, is beyond the power of the local voters to affect by the initiative power reserved to the people via the California Constitution.

Section 3.3. No Interference with State Law Hous' ng
Obli€ations. Nothing in this initiative shall be construed or

D o cu& g n Envelope ID: 08090FD5-E191- 41BF-80E3- EAE53646AE30 City of Morgan Hill
Resolution No. 21- 016

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLYTO THE VOTERS applied to prevent the City from complying with its housing obligations under state law. The City Council may, without voter ratification, approve a change to the amendments of the General Plan or Zoning Ordinance set forth in this initiative for the sole purpose of complying with the City' s housing obligations ifit (1) makes a fmding that such change is necessary to comply with the City' s housing obligation under the laws of the United States of .

America or the State of California and there is no suitable land available elsewhere in the City that may be used to satisfy the obligation; and ( 2) makes such a change or approves a project only to the extent necessary to comply with the applicable state law housing obligation_
Section 3. 4. Liberal Construction. The provisions of this Act shall be liberally construed to effectuate its purposes. Nothing herein shall be construed to make illegal any lawful use being made of any land in compliance with all required permits in force before the effective date of this Act. This Act shall be interpreted and applied in as far as is possible in a manner that is consistent with all federal, state, and local laws, rules, and regulations. If any provision of flus Act or any portion thereof, or any application thereof, is, for any reason held to be invalid or unconstitutional or otherwise unenforceable, the remaining sections and applications shall not be affected but shall remain in full force and effect, and to this end, the provisions ofthis Act are severable.

Section 3. 5. Interpretation. If this initiative measure and another measure on the same subject matter should appear on the same ballot, and a majority of the voters vote in favor of both measures but this measure receives more votes than the other measure, this measure alone shall become valid in its entirety. If a majority of the voters vote in favor of both measures but this measure receives less votes than the other measure, only those provisions of the other measure that are in direct and
irreconcilable conflict with the provisions of this measure shall control, and all other provisions of this measure shall become valid, binding, and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure.

Section 3. 6. Amendment. This Act may be amended only by a vote 'of the People ata future municipal election conducted in accordance with laws governing initiative measures then in effect.

Section 3. 7. Judicial Enforcement Any aggrieved person or City of Morgan Hill registered voter shall have the right to maintain an action for equitable relief to restrain any violation of this Act, or to enforce the duties imposed on the City by this Act.

DocuSign Envelope ID: 18A43500- 4AE0- 4A37- BE48- 9DC12DAA4750 URGENCY ORDINANCE NO. 2320

AN URGENCY ORDINANCE OF THE CITY OF MORGAN
HILL ADDING SECTION 18. 76. 140 (" MAXIMUM DOCK
HIGH DOOR RATIO") TO CHAPTER 18. 76
PERFORMANCE STANDARDS") AND AMENDING
SECTIONS 18. 124.050 (" INDUSTRIAL USES") OF CHAPTER

18. 124 (" LAND USE DEFINITIONS") AND 18. 128. 020
DEFINITIONS") OF CHAPTER 18. 128 (" GENERAL
TERMS") OF TITLE 18 (" ZONING") OF THE MORGAN

HILL MUNICIPAL CODE TO CREATE A MAXIMUM DOCK -

HIGH -DOOR RATIO FOR CERTAIN STRUCTURES AND TO

ADD DEFINITIONS

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

Section 1. The Council finds and declares that this urgency ordinance is necessary to protect the public safety, health, and welfare, and to prevent the development of uses that may be in conflict with a contemplated general plan or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.

Section 2. Section 18. 76. 140 (" Maximum Dock High Door Ratio") of Chapter 18. 76 Performance Standard") of Title 18 (" Zoning") is hereby added to read as follows ( additions in underline, deletions in strikeout):

18. 76. 140 — Maximum Dock High Door Ratio
The maximum Dock High Door to Square Foot Ratio for a facility that has a floor area of seventyfive thousand ( 75, 000) square feet or greater and a ceiling height of more than thirty- four (34) feet over more than twenty- five ( 25) percent ofthe floor area is 1: 25, 000.

Section 3. Subsection ( D) (" Manufacturing, Light") of Section 18. 124. 050 (" Industrial Uses") of Chapter 18. 124 (" Land Use Definitions") of Title 18 (" Zoning") is hereby amended to read as follows:

D. Manufacturing, Light. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing. Includes manufacture of electric and electronic instruments and devices. Excludes saw and planing mill sand manufacturing uses involving primary production of wood, metal or chemical products from raw materials. For purpose of this definition, the term " Assembly" includes creation of a component or end item made from a number ofparts and subassemblies. Assembly does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e- commerce or

DocuSign Envelope ID: 18A43500- 4AE0- 4A37- BE48- 9DC12DAA4750 City of Morgan Hill
Ordinance No. 2320, New Series

wholesale trading.

Section 4. Subsection ( C) ("' C' Terms") of Section 18. 128. 020 (" Definitions") of Chapter

18. 128 (" General Terms") of Title 18 (" Zoning") is hereby amended to read as follows:

C. " C" Terms.

1. California Room. A room or space in a building where one or more sides is open and exposed ( without a wall or windows) to adjacent outdoor space.

2. Ceiling Height. The clear vertical distance from the finished floor to the finished ceiling. If the ceiling is unfinished, the ceiling height is the distance from the floor to the lowest projecting beams, joists, or truss work.

3. Cessation of Use. The discontinuation of a use, either temporarily or permanently, whether with the intent to abandon such use or not.

4. City Geologist. A registered professional geologist certified by the state of California in the specialty of engineering geology ( C.E.G.) who is either a city staff member or a consultant retained by the city.

5. Clear Triangle. A triangular area bounded by the street right-of-way lines of a corner lot and a line joining points along said street lines 20 feet from the point of intersection.

6. Commercial. Any activity on or use ofland which involves the buying, selling, processing or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor or improver.

7. Conditional Use. A use that requires approval of a conditional use permit or an administrative use permit.

8. Condominium. Individual ownership of a dwelling unit within a multiple -unit structure exclusive of the land underlying such structure.

9. Condominium Development. A structure and appurtenant premises divided in ownership by the existence of the condominiums as defined in Section 783 of the California Civil Code.

Includes instances where ownership is divided following prior single ownership ofthe entire structure and premises, as well as new structures divided in ownership.

Section 5. Subsection ( D) ("' D' Terms") of Section 18. 128. 020 (" Definitions") of Chapter

18.(" General Terms") of Title 18 (" Zoning") is hereby amended to read as follows:

D. " D" Terms.

DocuSign Envelope ID: 18A43500- 4AE0- 4A37- BE48- 9DC12DAA4750 City of Morgan Hill
Ordinance No. 2320, New Series

1. Deck. A platform, either freestanding or attached to a building, that is supported by piers, pillars or posts.

2. Dock -High -Door. An opening to the outside of a building used to interface with trucks for the loading and/ or unloading of goods, products, merchandise or wares of any type and where the bottom of the opening is not at ground level but rather elevated by twenty- four ( 24) inches or more.

3. Dock -High -Door -to -Square -Foot Ratio. The ratio of the total number of Dock -High -Doors that a building has to the total square feet of building floor area.

4. Driveway. A permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport or other parking space, parking area, or loading area.

5. Driveway Aisle, Major. A driveway providing principal access to the parking area or the driveway providing principal circulation throughout the parking areas or premises.

6. Driveway Apron. A paved area providing principal access from a drive aisle or street rightof-way to a garage or other covered parking space.

7. Dwelling. A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Excludes tents, cabins, trailers and trailer coaches.

8. Dwelling Unit. A room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by one family on a non -transient ( less than thirty -day stay) basis and having not more than one kitchen.

9. Density. The number of dwelling units permitted per net lot area.

Section 6. Severability. Should any provision ofthis ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 7. Effective Date; Posting. This Ordinance shall take effect on immediately upon adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof in the manner required by law.

DocuSign Envelope ID: 18A43500- 4AE0- 4A37- BE48- 9DC12DAA4750 City of Morgan Hill
Ordinance No. 2320, New Series

THE FORGOING ORDINANCE WAS DULY ADOPTED AT A MEETING HELD ON THE 7TH DAY OF APRIL 20219 AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

DocuSigned by:

RICH CONSTANTINE, Mayor
Gino Borgioli, Rich Constantine,
Yvonne Martinez Beltran, John McKay, Rene Spring
None
None
None
ATTEST:

EDocuSigned by:
lI aal
cai=eB7EaBa7cacs...

MICHELLE BIGELOW, City Clerk
bo CERTIFICATE OF THE CITY CLERK W

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2320, New Series, adopted by the City Council ofthe City of Morgan Hill, California at their regular meeting held on the 7
h
day ofApril 2021.

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

DocuSlgned by:
4/ 21/ 2021iEWOF CB7
aa1 Q, a
DATE: EABA7C4C8...

MICHELLE BIGELOW, City Clerk

5 CITY COUNCIL STAFF REPORT
MEETING DATE: April 20, 2022
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

ADOPT RESOLUTION AUTHORIZING AN APPLICATION FOR THE

CALIFORNIA CLIMATE INVESTMENTS-DEPARTMENT OF FORESTRY

AND FIRE PROTECTION'S (CAL FIRE) FIRE PREVENTION GRANT
PROGRAM.

RECOMMENDATION(S)
Adopt resolution authorizing an application for the California Climate InvestmentsDepartment of Forestry and Fire Protection's (CAL FIRE) Fire Prevention Grant Program for the purchase of a radio controlled slope mower.

Estimated Time: N/A

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this staff report is to request the City Council’s authorization to submit a grant application to Cal Fire for a new Green Climber Radio-Controlled Slope Mower.

CAL FIRE’s Fire Prevention Grants Program provides funding for local projects and activities that address the risk of wildfire and reduce wildfire potential to forested and forest-adjacent communities. Funded activities include hazardous fuel reduction, fire prevention planning, and fire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions. More information can be found on the CAL FIRE website at: https://www.fire.ca.gov/grants/fireprevention-grants/.

The Council has previously approved the application for Cal Fire for competitive grants.

This current application will be a non-competitive grant run through our local Cal Fire Office. City maintenance staff worked with Cal Fire to analyze the benefits of the new equipment for Morgan Hill. The radio-controlled slope mower is a tractor-type vehicle that can mow and cut brush on steep slopes, without the risk of injury to a driver. The

5 equipment is planned to be used to manage weeds and brush in the City's open space areas as well as in other areas requiring weed abatement and storm channel clearing.

The City will partner with Cal Fire to allow use in the jurisdiction of our local Cal Fire unit and, in return, Cal Fire will support the ongoing maintenance of the equipment.

COMMUNITY ENGAGEMENT:

None
No community engagement was made in this effort to prepare and apply for this grant funding. The City informs the community of maintenance that may impact them through its standard communication channels.

ALTERNATIVE ACTIONS:

The City Council could choose to not adopt the resolution and not allow the grant application, which would result in the City not receiving the equipment.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

No prior actions related to this specific grant application. The City Council authorized the application for a separate Cal Fire grant for the development of a Wildfire Mitigation Plan on January 19, 2022.

FISCAL AND RESOURCE IMPACT:

The grant does not require matching funding. The equipment, once purchased, will provide increased efficiency in maintenance and reduce maintenance costs overall.The cost of the equipment and grant request is $160,000. The City and Cal Fire are planning to use an existing trailer for moving the equipment.

CEQA (California Environmental Quality Act):

Categorical Exemption
The new equipment will be used to perform existing maintenance requirements in a more efficient and safer manner. The planned maintenance and management of City facilities falls within the CEQA categorical exemption of Class 1, Existing Facilities.

RESOLUTION NO: XX-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING THE SUBMITTAL OF A

CALIFORNIA CLIMATE INVESTMENTS FIRE

PREVENTION GRANT APPLICATION TO THE

CALIFORNIA DEPARTMENT OF FORESTRY & FIRE

PROTECTION AND AUTHORIZING THE CITY

MANAGER TO EXECUTE DOCUMENTS REQUIRED TO

APPLY AND ACCEPT THE GRANT FOR THE CITY, IF

AWARDED, AND DIRECTING CERTAIN ACTIONS IN

CONNECTION THEREWITH
WHEREAS, the City of Morgan Hill, is a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”); and
WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides funds to the State of California and its political subdivisions for fire prevention programs; and WHEREAS, the State Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing the application by local agencies, non-profit organizations, and others under the program; and
WHEREAS, said procedures established by the State Department of Forestry and Fire Protection require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the project; and
WHEREAS, the City desires to apply for the grant funds through the State of California, Department of Forestry and Fire Protection; and
WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY: APPROVES THE FILING OF AN APPLICATION FOR THE MORGAN HILL GREEN CLIMBER EQUIPMENT PURCHASE; AND
Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

City of Morgan Hill
Resolution No. xx-xxx

Section 2. Approval and Authorization. The City Council does further resolve, order and or direct as follows:

1. Certifies the approval of the filing of an application for “California Climate Investment Fire Prevention Grant Program”; and

2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project; and

3. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and

4. Certifies that the Applicant will expend grant funds prior to the Grant Deadline of March 15, 2026; and

5. Delegates the authority to the City Manager, or his or her designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of Grant Scope;
Section 3. This resolution shall take effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the April 20, 2022.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
____________________________ ___________________________ Rich Constantine, Mayor Michelle Bigelow, City Clerk
 CERTIFICATION 
I, Irma Torrez, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. xx-xxx, adopted by the City Council at a regular meeting held on April 20, 2022.

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

DATE: _____________________ ___________________________________ Michelle Bigelow, City Clerk

6 CITY COUNCIL STAFF REPORT
MEETING DATE: April 20, 2022
PREPARED BY:

Jennifer Ponce, OES Coordinator
APPROVED BY: City Manager

APPROVE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA

AND THE CITY OF MORGAN HILL GRANTING PROGRAM FUNDS FOR
THE 2021 STATE HOMELAND SECURITY GRANT PROGRAM

RECOMMENDATION(S)
Adopt a Resolution to:

1. Accept grant funds from the Santa Clara County Office of Emergency Management via the Department of Homeland Security up to the amount of $17,558 for the purchase of a Long-Range Acoustic Device (LRAD);

2. Amend the adopted Fiscal Year (FY) 2021-2022 budget to recognize the Santa Clara County Office of Emergency Services/ Department of Homeland Security funds as revenue, and appropriate $17,558 in the Police Department budget for the capital expenditures; and

3. Authorize the City Manager to execute the Agreement and approve the purchase up to the amount of $17,558 for an LRAD system from Genasys.

Estimated Time: Consent

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2022-2023 Strategic Priorities
Fiscal Sustainability
Community Outreach, Engagement, and Messaging
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:

The Santa Clara County Office of Emergency Management (SCC OEM) engages the whole community in assessing needs and developing strategies to achieve stronger emergency preparedness, prevention, response, and mitigation capabilities within the

6 Santa Clara County Operational Area (Op Area). The Op Area includes all fifteen cities within the County and special jurisdictions. The Op Area is responsible for coordinating information, resources, and priorities among the local governments during large-scale emergency events.

SCC OEM has a designated Emergency Operations Center for the overall coordination of large-scale emergencies for County government and is capable of serving as the central point for coordination within the Op Area following the Standardized Emergency Management System. SCC OEM also oversees the State Homeland Security Grant Program and Emergency Management Performance Grant process for the County.

SCC OEM wishes to provide a grant donation for the following amount and purpose:
$17,558 for the purchase of a Long Range Acoustic Device (LRAD). LRAD systems deliver live or recorded voice messages with exceptional clarity for any operational scenario. Optimized to the primary range of hearing, LRAD technology ensures broadcasts are clearly heard and understood, even above crowd, engine, and background noises. The LRAD is portable and can be carried or transported in any police vehicle. The LRAD will be available to our South Santa Clara County partners for mutual aid resource requests. The Police Department strives to provide safe and efficient practices when delivering widespread alert and warning messages to our community.

It is recommended the purchase be made pursuant to Morgan Hill purchasing code

3.04.150, as it is determined the vendor is the sole source of the Grantor approved system.

COMMUNITY ENGAGEMENT:

Inform
This staff report will serve as notification to the community of the grant funds from the Santa Clara County Office of Emergency Management/ Department of Homeland Security.

ALTERNATIVE ACTIONS:

The City Council could decide not to approve the grant for the equipment.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council has previously accepted grant funds from the Santa Clara County Office of Emergency Management/ Department of Homeland Security to aid in the operation of the Police Department Emergency Operations Center.

FISCAL AND RESOURCE IMPACT:

The purchase of the LRAD system will be fully funded by the grant from the SCC OEM.

6 CEQA (California Environmental Quality Act):

Not a Project. The purchase of equipment does not constitute a project as defined in Section 15378 of the State CEQA guidelines as the purchase is an administrative activity that will not result in physical environmental impacts.

2021 SHSGP MOU
City of Morgan Hill
1 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND

THE CITY OF MORGAN HILL GRANTING PROGRAM FUNDS FOR THE
2021 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS
THIS AGREEMENT is made effective when fully executed by the County of Santa Clara (“County”) and the City of Morgan Hill (“City”) for the allocation and distribution of 2021 State Homeland Security Grant Program (“SHSGP”) funds.

RECITALS
WHEREAS, the 2021 SHSGP (CFDA #97.067) supports the implementation of State Homeland Security Strategies to address the identified planning, organization, equipment, training and exercise needs for acts of terrorism and other catastrophic events, and management and administration of the grant. In addition, SHSGP supports the implementation of the National Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response Network (NRF); WHEREAS, the State of California (“State”) has designated the County as the Operational Area for purposes of distributing SHSGP funds to the cities, special districts and other entities within the County.

An Anti-Terrorism Approval Body (“County Approval Authority”), comprised of the County Health Officer, the County Fire Chief, a Municipal Fire Chief, the County Sheriff, and a Chief of Police, has been appointed for the purpose of approving the distribution of SHSGP funds at the Operational Area level;
WHEREAS, on September 1, 2021 the California Governor’s Office of Emergency Services (“Cal OES”) awarded the County 2021 SHSGP funds in the amount of $2,004,605. The allocation of the SHSGP funds will be determined by the County Approval Authority in accordance with the grant guidelines.

NOW, THEREFORE, the County and City agree as follows:

THE AGREEMENT
Article I. Definitions

1. Specific Terms
(a) “Burdened Labor Rate” shall mean the labor rate including benefits, taxes and other deductions from an employee’s paycheck. This rate does not include vacation benefits. (b) “City” shall mean the City of Morgan Hill, its officers, board members, employees, and agents.
(c) “County” shall mean the County of Santa Clara, its officers, board members, employees, and agents.
(d) “SHSGP funds” or “SHSGP funding” shall mean the funding City receives under this

2021 SHSGP MOU
City of Morgan Hill
2 Agreement.
(e) “Federal Program Guidance” shall mean guidance documents issued by the Federal Emergency Management Agency, including the SHSGP Program Funding Opportunity Announcement, for Fiscal Year 2021.
(f) “Grant Certifications and Assurances” shall mean the FY21 SHSGP Agreement Articles, Assurances, Certifications, Terms, and Conditions.
(g) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or more per year.
(h) “Prime Recipient” shall refer to County.
(i) “State Guidance” shall mean the California Supplement to the Federal Program Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2021. (j) “Sub-Recipient” shall refer to City.

2. References to This Agreement
Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other documents incorporated by reference into this Agreement; (d) all amendments, modifications, or supplements to this Agreement.

Article II. Payment

1. Payment Eligibility
Unless otherwise approved in advance by the County Office of Emergency Management (“OEM”) Grants Administrator (hereinafter “grants administrator”), only an actual cash disbursement by City for a claimed expense shall be eligible for reimbursement by the County as approved and specified in Exhibit A, SHSGP Project Funding, which is attached and hereby incorporated into this Agreement.

2. Amount of Payment
The County will provide City, unless otherwise specified, with the equipment, supplies, and/or other resources as set forth in Exhibit A, SHSGP Project Funding. Specifications for such equipment shall be provided by City’s requesting agency to the County for the appropriate procurement process. City’s requesting agency will be notified when the procurement process is complete for final approval of equipment prior to the order being placed. If, through previous agreement with the County, City is to procure its own equipment, performance milestone dates will apply (refer to Article IV, Section 3(b)).

The County may reallocate SHSGP funds as specified in Article II, section 4 of this Agreement. County does not guarantee a minimum payment to City.

2021 SHSGP MOU
City of Morgan Hill
3 Authorized personnel budgets are allowable within the County OEM, Central Fire, and County Emergency Medical Services for grant-funded staffing. The personnel budget for these departments will reflect the expenditure authority. Reimbursement for actual cash disbursements will be requested through the County OEM. Based on the preference of the Department/Agency, reimbursement requests may be requested on a monthly or quarterly basis. For County Departments, reimbursements will be made via inter-county transfer. For all others, a County warrant will be issued.

3. Maximum Amount Payable
Subject to the availability of funds and the priorities established by the County Approval Authority, the maximum amount of SHSGP funds payable by the County to City under this Agreement must not exceed $17,558 for equipment costs, as allocated by the County Approval Authority.

4. Reallocation of SHSGP Grant Funds
For the purpose of maximizing the resources available for preparedness for acts of terrorism and other catastrophic events within the Operational Area, City agrees that the County Approval Authority may reallocate funds under this Agreement to another applicant if the County determines that City is unable to utilize the amount allocated under this Agreement. The County may base its determination on factors that include but are not limited to the following: delivery timelines, fund expenditure capabilities, and timeliness of expenditure. The County will notify City in writing of any determination to reallocate funds, by issuing a “Notice of Reallocation.” SHSGP funds will be put forth to the County Approval Authority for reallocation. City agrees that the County has the authority to increase or decrease the maximum amount payable under this Agreement as specified in the Notice of Reallocation document without liability and the County has the authority to amend Exhibit A, “SHSGP Project Funding,” accordingly. Upon issuance, the Notice of Reallocation will automatically become part of this Agreement.

Article III. Requests for Reimbursement and Reimbursements

1. Required Documentation for Reimbursement
The SHSGP is a reimbursement grant under which Cal OES disburses reimbursement funds to County, and County disburses reimbursement funds to City. No cash advances are permitted under the SHSGP program.
(a) Requests for Equipment
The following documentation is required for all reimbursement requests for equipment:
 Quote or solicitation documents
 Summary of pricing and chosen vendor
 Documentation that vendor is not on the excluded parties list (https://www.epls.gov/) (a print-out of the search result page will suffice)
 Purchase order and/or contract
 Receiving documentation/packing slip
 Invoice

2021 SHSGP MOU
City of Morgan Hill
4  Proof of payment
All equipment must be approved by the County Approval Authority and must be authorized per the web-based Authorized Equipment List on the Responder Knowledge Base, which is sponsored by Grants & Training and the National Memorial Institute for the Prevention of Terrorism at https://www.rkb.us/. (Contact the Grant Manager for a current Authorized Equipment List.)
(b) Subcontracts
If City awards subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit D, within 30 days of the award. The following information must be included in City’s report on any sub-award exceeding $25,000:
 Name of entity receiving award;
 Amount of award;
 Funding agency;
 Catalog of Federal Domestic Assistance program number;  Award title (descriptive of the purpose of the funding action);  Location of the receiving entity and primary location of performance including city, state, and federal Congressional district;
 Dun & Bradstreet (D&B) DUNS Number of the receiving entity, and of its parent if applicable; and
 Total compensation and names of receiving entity’s five most highly compensated executives if:
o In the preceding fiscal year, the subcontractor received 80 percent or more, and $25,000,000 or more, of its gross annual revenue from federal procurement contracts or subcontracts or from federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.230; and o The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(a), 78o(d), or under section 6104 of the Internal Revenue Code of 1986.
o City must report subcontractor executive compensation by the end of the month following the month in which it makes the sub-award. For example, if the subaward is obligated in any date in April 2022, City must report any required compensation information by May 31, 2022.

Classified information that, in the interest of national security, requires protection against unauthorized disclosure (i.e., information deemed Top Secret, Secret, or Confidential under Executive Order 12958) is exempt from the Prime and Sub-Recipient reporting requirements, as are contracts with individuals.
(c) Sole and Single Source Contracts

2021 SHSGP MOU
City of Morgan Hill
5 Sole source or single source contracts of $250,000 or more are not allowable under the SHSGP program unless first approved by Cal OES. City must obtain sole/single source request documentation and submit it to the Grants Manager of County’s OEM. Upon City’s completion and submission of the required sole/single source documentation, County’s Grants Manager shall forward all sole/single source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole/single source procurement be completed and expenditures reimbursed using SHSGP allocated funds. Sole source or single source requests below the $250,000 threshold must follow City’s own procurement policies. (d) Other Requests
The following documentation is required for all reimbursement requests for contractors:
 Quote or solicitation documents
 Executive summary of how contractor was chosen
 Documentation that vendor is not on the excluded parties list (https://www.sam.gov/) (a print-out of the search result page will suffice)
 Purchase order and/or contract
 Invoice showing deliverables and milestones completed  Proof of payment
 Financial Disclosure Form (Exhibit D) if awarded contract exceeds $25,000 The following documentation is required for reimbursement of Salaries:
 Functional timesheet
 Description of scope of job which includes Homeland Security-related functions  Burdened Labor Rate
 Payroll reports showing amount paid for each pay period being claimed The following documentation is required for reimbursement for Training activities:
 Class syllabus
 Class sign-in sheet
 Instructor/consultant contract documents
 Instructor’s invoice
 Proof of payment

2. Submission of Requests for Reimbursement
(a) City shall submit reimbursement requests to County’s OEM on a quarterly basis. Unless pre-approved by County’s OEM Director or designee, all reimbursement requests shall be due fifteen calendar days after the end of the quarter, with the exception of the final expenditure and/or invoice, as indicated below. Any expenditure during the final period identified in the chart below shall be made by April 15, 2024, and any related invoice shall be submitted by April 30, 2024, unless otherwise pre-approved by County’s OEM Director or designee, in order to meet 2021 SHSGP deadlines.
(b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after April 30, 2024.

2021 SHSGP MOU
City of Morgan Hill
6 Article IV. Use of Funds

1. Master Grant Obligations
(a) City shall comply with the SHSGP Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as Exhibit B. City shall require any subgrantee, contractor, or other entity receiving SHSGP funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that sub-grantee, contractor, or other entity complies with the Grant Certifications and Assurances.
(b) City shall comply with all other applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; and any other conditions imposed by Cal OES or by this Agreement, provided that if any provisions of this Agreement conflict with any State requirements, the State requirements will control. City shall ensure that any sub-grantee, contractor, or other entity receiving SHSGP funds through or from City complies with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; and any other conditions imposed by Cal OES or by this Agreement.
(c) City shall establish and maintain administrative, programmatic and fiscal management records in accordance with federal and state requirements, and:
i. Maintain financial management systems that support grant activities in accordance with federal and state requirements, including but not limited to requirements in 44 Code of Federal Regulations (“C.F.R.”) Part 13.20, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part II, Chapter 3. ii. The County shall provide and affix equipment tracking numbers for all equipment purchased through its procurement process. Using the County-issued tracking number, City shall maintain an equipment tracking ledger that tracks the equipment within City and complies with federal and state requirements, including but not limited to requirements in 44 C.F.R., Parts 13.32 and 13.33, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part III, Chapter 6. (d) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive SHSGP funds. In addition, City shall ensure and independently verify that any sub-grantee, contractor, or other entity receiving SHSGP funds through or from City complies with federal and state requirements, including but not limited to requirements in 44 C.F.R., Parts 13.32 and 13.33, and the Office of Justice Programs Financial and Administrative Guide for Grants, Part III, Chapter 6, and is not debarred, suspended, or otherwise excluded from participation in the SHSGP program. City shall maintain documentary proof of this verification in its files.

2. Scope of Services

2021 SHSGP MOU
City of Morgan Hill
7 (a) If City has been allocated funding for a project, Exhibit A, “SHSGP Project Funding,” will serve as the basis for the project. A further detailed description may be necessary and will be requested by the County if needed to be incorporated by reference herein. If future funding is allocated, City shall provide a detailed description of the approved project to be attached hereto and incorporated by reference herein.
(b) City shall use the funds granted under this Agreement in a manner compliant with:
i. The applications submitted by the County to the State for the grant under this Agreement;
ii. The grant guidelines issued by the State for the grant under this Agreement; and iii. The notifications issued by the State of the approval of the grant under this Agreement.
(c) The documents described in Exhibit B of this Agreement (collectively the “State Grant Requirements”) are on file with the County and the granting agencies of the State, and are hereby incorporated into this Agreement. City hereby acknowledges that it has received a copy of the State Grant Requirements.
(d) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2021 SHSGP program, as indicated in Exhibit A, “SHSGP Project Funding”. City shall not use the funds granted under this Agreement for any other purpose. Incumbents filling positions funded by the 2021 SHSGP program shall work at a location inside of the City County Operational Area, and the work of grant-funded personnel must be solely focused on threats to the Santa Clara County Operational Area. County will not disburse funds to or otherwise pay City for services that do not address a terrorism nexus, or for materials, equipment, or supplies provided by City that are beyond the scope of the services, materials, equipment, or supplies agreed upon in this Agreement or a lawfully executed written amendment.

3. Performance and Reporting Requirements
(a) Performance reports indicating the status of outstanding projects are due to the County Grants Administrator on a quarterly basis as follows:
(b) The following dates represent the Grant Performance Period for the SHSGP program:
 Performance Period 1 (September 1, 2021 – December 31, 2021) – due by January 15, 2022
 Performance Period 2 (January 1, 2022 – March 31, 2022) – due by April 15, 2022  Performance Period 3 (April 1, 2022 – June 30, 2022) – due by July 15, 2022  Performance Period 4 (July 1, 2022 – September 30, 2022) – due by October 15, 2022
 Performance Period 5 (October 1, 2022 – December 31, 2022) – due by January 15, 2023
 Performance Period 6 (January 1, 2023 – March 31, 2023) – due by April 15, 2023  Performance Period 7 (April 1, 2023 – June 30, 2023) – due by July 15, 2023

2021 SHSGP MOU
City of Morgan Hill
8  Performance Period 8 (July 1, 2023 – September 30, 2023) – due by October 15, 2023
 Performance Period 9 (October 1, 2023 – December 31, 2023) – due by January 15, 2024
 Performance Period 10 (January 1, 2024 – March 31, 2024) – due by April 30, 2024 (c) The County will provide City with a report template (Exhibit C, “Performance Report”), and City will utilize the template to complete the performance submittal to the County. (d) Payments made by the County to City are conditioned upon the timely receipt of applicable, accurate and complete reports, including supporting document, to be submitted by City.
(e) City will notify the County representative identified in Article VII, Section I, within 15 days, when City has completed all performance obligations for these grants. (f) City will provide single audit reports to the County by July 31st of each fiscal year.

Article V. Term and Termination

1. Term of Agreement
This Agreement is effective from September 1, 2021 through May 31, 2024.

2. Availability of Funds
(a) The parties acknowledge and agree that this Agreement is dependent upon the availability of county, regional, State and/or federal funding.
(b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount. (c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources.

3. Termination
(a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice.

2021 SHSGP MOU
City of Morgan Hill
9 (b) Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party. The written notice shall specify the date on which termination shall become effective, which shall be no less than thirty (30) days from the date of the notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable SHSGP guidelines.
(c) Opportunity to Cure. In the event of termination for material breach of this Agreement, the non-breaching party shall give written notice of the breach to the breaching party, specifying the breach/cause. The breaching party shall not be deemed in default and the non-breaching party shall not institute proceedings or exercise any remedies against the breaching party unless the breach has not been cured, corrected or remedied within thirty (30) days after the breaching party’s receipt of the notice of breach, or within such longer period as may be reasonably required to cure, correct or remedy the breach, provided the breaching party has commenced its cure, correction or remedy within the thirty (30) day period and diligently and continuously pursues that cure, correction or remedy. (d) If this Agreement is terminated, City shall return SHSGP funding in accordance with SHSGP program guidelines.

Article VI. Indemnification and Liabilities

1. Indemnification by City
In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the parties under Government Code section 895.6, County and City agree instead that under Government Code section 895.4, City shall fully indemnify and hold County, its officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. This indemnity shall include, without limitation, reasonable attorneys’ fees, consultants and experts and related costs, and County’s cost of investigating any claim.

2. Duty to Defend
City acknowledges and agrees that its obligation to defend County under Article VI: (a) is an immediate obligation, independent of its other obligations under this Agreement; and (b) applies to any claim, expense, cost, damage, or liability falling within the scope of Article VI, regardless of whether the allegations made in connection with that claim, expense, cost, damage, or liability may be groundless, false, or fraudulent. County shall provide City with prompt notice of any claim, expense, cost, damage, or liability under Article VI and City shall have the right to defend, settle, or compromise that claim, expense, cost, damage, or liability, provided, however, that County shall have the right to retain its own counsel at City’s expense if representation of County by counsel retained by City would result in a conflict of interest, and that City shall obtain County’s prior written consent to settle or compromise if City contends that County shares in any liability. County’s failure to notify City promptly of any claim, expense, cost, damage, or liability shall not relieve City of liability to County under Article VI unless

2021 SHSGP MOU
City of Morgan Hill
10 that failure materially impairs City’s ability to defend against the claim, expense, cost, damage, or liability.

3. Limitation on Liability
County, its officers, board members, employees, and agents shall not be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement.

County’s obligations under this Agreement shall be limited to the aggregate amount of SHSGP funds actually disbursed. Notwithstanding any other provision in this Agreement or any other document or communication between County and City relating to this Agreement, in no event shall County be liable for any damages arising out of or in connection with this Agreement, the SHSGP funds, City’s Spend Plan, or any activities performed in connection with this Agreement.

Article VII. Miscellaneous

1. Notice
All notices required by this Agreement shall be deemed given when provided in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing:

To City:

Shane Palsgrove, Police Chief
Morgan Hill Police Department
16200 Vineyard Boulevard
Morgan Hill, CA 95037
To County:

Michelle Sandoval
Grant and Administrative Services Manager
County of Santa Clara Office of Emergency Management
55 W. Younger Ave., Suite 450
San José, CA 95110

2021 SHSGP MOU
City of Morgan Hill
11 2. Compliance with all Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention
(a) Compliance with All Laws: City shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the nondiscrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (b) Compliance with Non-Discrimination and Equal Opportunity Laws: City shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, City shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall City discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
(c) Compliance with Wage and Hour Laws: City shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws.
(d) Definitions: For purposes of this Subsection (2), the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City’s Office of Equality Assurance.

2021 SHSGP MOU
City of Morgan Hill
12 (e) Prior Judgments, Decisions or Orders against Contractor: By signing this Agreement, City affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that City violated an applicable wage and hour law or pay equity law. City further affirms that it has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments. (f) Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, City receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then City shall promptly satisfy and comply with any such Final Judgment. City shall inform the Office of the County ExecutiveOffice of Countywide Contracting Management (“OCCM”) of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. City shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.
(g) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to City’s records, City shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County’s request, City shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records that are related to the purpose of this Section, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during City’s normal business hours upon no less than 10 business days’ advance notice.
(h) Pay Equity Notification: City shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to City for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of City’s Employees and Job Applicants. (i) Material Breach: Failure to comply with any part of this Section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:

1. Suspend or terminate any or all parts of this Agreement.

2. Withhold payment to City until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law.

3. Offer City an opportunity to cure the breach.

2021 SHSGP MOU
City of Morgan Hill
13 (j) Subcontractors: City shall impose all of the requirements set forth in this Section on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

3. County No-Smoking Policy
City and its employees, agents and subcontractors shall comply with County’s No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles.

4. Food and Beverage Standards
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by City with County funds for County-sponsored meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low-fat and low-calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans-fat per serving. Whenever possible, City shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high-calorie desserts; (3) attempt to accommodate special dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and City should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored nonfat or 1% low-fat dairy milk; (4) plantderived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce serving. Sugar-sweetened beverages shall not be provided.

5. Governing Law
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California.

6. Assignment

2021 SHSGP MOU
City of Morgan Hill
14 The parties may not assign this Agreement or the rights and obligations hereunder without the specific written consent of the other.

7. Entire Agreement
This document represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement.

8. Amendments
This Agreement may only be amended by an instrument signed by the parties.

9. Counterparts; Contract Execution
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed Agreement, or an electronically signed Agreement, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

10. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

11. Waiver
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated.

12. Conflict of Interest
In accepting this Agreement, City covenants that is presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of services under this Agreement. City is responsible for assuring compliance of its subcontractors, if any, with the requirements of this provision.

13. California Public Records Act
County and City are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). If either County’s or City’s proprietary information is contained in documents

2021 SHSGP MOU
City of Morgan Hill
15 or information submitted to the other party, and the submitting party claims that such information falls within one or more CPRA exemptions, the submitting party must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information.

In the event of a request for such information, the receiving party will make best efforts to provide notice to the submitting party prior to such disclosure. If the submitting party contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the receiving party is required to respond to the CPRA request. If the submitting party fails to obtain such remedy within the time the receiving party is required to respond to the CPRA request, the receiving party may disclose the requested information.

14. Third Party Beneficiaries
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties.

15. COVID-19 Requirements
City shall comply with all County requirements relating to COVID-19 for persons who routinely perform services for the County onsite and share airspace with or proximity to other people at a County facility as part of their services for the County, including but not limited to vaccination, as applicable and periodically updated, and available at https://procurement.sccgov.org/doing-businesscounty/contractor-vaccinations and incorporated herein by this reference. If applicable, City shall complete the Contractor Certification of Compliance with COVID-19 Vaccine Requirements (“Certification”), attached hereto as Exhibit G. City shall comply with the requirements of this Section for the entire term of this Agreement.

City shall comply with all reasonable requests by County for documentation demonstrating City’s compliance with this Section. Failure by City to comply with any of the requirements of this Section (including but not limited to vaccination and masking requirements and completion and submittal of the Certification) is a material breach of this Agreement, and the County may, in its sole discretion terminate this Agreement immediately or take other action as the County may determine to be appropriate.

16. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy #405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services.
(b) Prohibitions.

1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

2021 SHSGP MOU
City of Morgan Hill
16 2. Unless an exception in paragraph (c) of this clause applies, City and any contractor and/or subcontractor may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract or other contractual instrument, any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions.

1. This clause does not prohibit City or its contractors or subcontractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

2. By necessary implication and regulation, the prohibitions also do not apply to:
a. Covered telecommunications equipment or services that:

1. Are not used as a substantial or essential component of any system; and

2. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.

1. In the event the City or its contractor or subcontractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or City or its contractor or subcontractor is notified of such by a subcontractor at any tier or by any other source, City shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

2. City shall report the following information pursuant to paragraph (d)1 of this clause:
a. Within one business day for the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

2021 SHSGP MOU
City of Morgan Hill
17 b. Within 10 business days of submitting the information in paragraph (d)2a of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts.

City shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

17. Domestic Preferences for Procurement1
(a) As appropriate and to the extent consistent with law, City should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all contracts and purchase orders for work or products under this agreement. (b) For purposes of this section:

1. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymerbased products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

18. Noncompetitive Procurement & Training
The State will not reimburse grant recipients for non-competitively procured terrorism-related training or exercises, regardless of the cost. Exceptions to this policy may be approved in limited circumstances, e.g., related to a procurement effort that has resulted in inadequate competition. County requires City to submit the Cal OES Request for Noncompetitive Procurement Authorization form for any training or exercise-related sole/single source requests. City must have written approval for noncompetitively procured source training or exercises prior to obligating any funds.

19. Nationwide Cybersecurity Review (NCSR)
All SHSGP recipients must complete the NCSR between October and December and the submission deadline is December 1st of every year. Completion time is approximately 2-3 hours.

The Federal Emergency Management Agency (FEMA) and the Cybersecurity and Infrastructure Security Agency (CISA) have determined that providing information on the Nationwide Cybersecurity Review (NCSR) benefits and improves the quality of cybersecurity investment justifications (IJs) submitted by SHSGP recipients. The NCSR is a no-cost, anonymous, and annual self-assessment designed to measure gaps and capabilities of state, local, tribal, territorial, nonprofit, and private sector agencies’ cybersecurity programs. The anonymous results provide actionable feedback and metrics directly to individual respondents.
1 “Local preference” is still prohibited under 2 CFR Part 200 Section 200.319(c)

2021 SHSGP MOU
City of Morgan Hill
18 20. Certified Resolution of Signature Authority
Upon request of County, City shall deliver to County a copy of the resolution(s) authorizing execution, delivery, and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of City.

Signed:

COUNTY OF SANTA CLARA CITY OF MORGAN HILL
By__________________________ ________ By_________________________ ______ Jeffrey V. Smith Date Christina Turner Date
County Executive City Manager
Approved as to Form and Legality: Approved as to Form:
____________________________ ____________________________ Kavita Narayan Date Donald Larkin Date
Assistant County Counsel City Attorney
Enclosures
Exhibit A 2021 SHSGP Project Funding List – Morgan Hill Exhibit B 2021 SHSGP Grant Assurances
Exhibit C Quarterly Reporting Requirements and Report Template Exhibit D Financial Disclosure Form (FFATA)
Exhibit E Certification Regarding Lobbying

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY OF MORGAN HILL

TO ACCEPT STATE HOMELAND SECURITY GRANT FUNDS IN
THE AMOUNT OF $17,558 FROM THE COUNTY OF SANTA
CLARA
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting the purchase described in, and that is the subject of, this Resolution are set forth in detail in that certain City Council Staff Report entitled “Memorandum of Understanding between the County of Santa Clara and the City of Morgan Hill granting program funds for the 2021 State Homeland Security Grant Program funds” submitted for City Council consideration at its meeting of April 20, 2022 submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and
WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which meeting the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the activities allowed under this Resolution do not constitute a project under the provisions of California Environmental Quality Act of 1970; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine, and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:

a. State Homeland Security Grant funds will be used for City of Morgan Hill Police Department to purchase a Long-Range Acoustic Device (LRAD) to be used for emergency alert and warning; and
b. That the City Manager is hereby delegated authority to and is authorized and directed to execute, and subsequently administer including the authority to accept grand funding in the amount of $17,588 from the County of Santa Clara; and
c. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution; and
d. That the City Manager is hereby delegated authority to and is authorized to take all other ministerial actions that may be necessary or appropriate to implement the provisions of this Resolution.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 20th day of April 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

DATE:

Rich Constantine, MAYOR
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No.XXXX , adopted by the City Council at the meeting held on April 20, 2022.

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

DATE:

Michelle Bigelow, CITY CLERK

16200 Vineyard Blvd
Morgan Hill, CA
Morgan Hill, CA 95037
Morgan Hill Police Department
16262 W Bernardo Drive
San Diego, CA 92127
Telephone 858-676-1112
Fax 858-676-1120
Ship to:

Quotation
Number SQ 004072-5
Date 3/30/2022
Your ref.

Our ref. 00073
Quotation deadline 6/28/2022
Payment

Sales taker Chris Keane
Sales responsible Chris Keane
Bill to:

Morgan Hill Police Department
16200 Vineyard Blvd
Morgan Hill, CA
Morgan Hill, CA 95037
Delivery terms
Customer phone
Customer email [email protected]
Customer contact
Item number Description Quantity Unit Unit price Amount 100X-BLK-MAGSYSCATALOG, LRAD-100X, XX

MAG MOUNT, WIRELESS, CH
14, BLACK

1.00 ea 15,500.00 15,500.00
100X-BATT BATTERY PACK, 2X4 CELLS,
Li-Ion

1.00 ea 476.00 476.00
Subtotal: 15,976.00
Freight: 110.22
Sales Tax: 1,397.90
Total: 17,484.12
The lead time shown is an estimated lead time based on existing conditions when the quote was produced. Please be aware that global supply chain shortages and transportation delays may cause the lead time provided in this quote to change. Genasys is aggressively working on resolving these issues and we remain committed to delivering the highest quality products in a timely manner.

Seller’s acceptance of this Order is expressly conditioned upon the Buyer’s assent to Seller’s General Terms and Conditions of Sale as stated in Seller’s Offer and which are located at https://genasys.com/contact/where-to-buy/terms-conditions/.

Seller is proceeding with the performance of Buyer’s Order strictly on this basis.

7 CITY COUNCIL STAFF REPORT
MEETING DATE: April 20, 2022
PREPARED BY:

Jennifer Ponce, OES Coordinator
APPROVED BY: City Manager

APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF SANTA CLARA AND THE CITY FOR THE 2021

EMERGENCY MANAGEMENT PERFORMANCE GRANT

RECOMMENDATION(S)

1. Authorize the City Manager to execute the Memorandum of Understanding with the County of Santa Clara for the 2021 Emergency Management Performance Grant (EMPG); and

2. Recognize grant revenue in an amount not to exceed $19,000 for the purchase of Emergency Operations Center (EOC) Technology.

Estimated Time: Consent

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Preserving and Cultivating Public Trust
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:

The County Civil Protection and Emergency Services Ordinance establishes the Operation Area Council (OAC) and endows the OAC with governing body authority to enhance planning and preparedness for large-scale emergencies in the Santa Clara Operational Area, including by making funding allocation decisions for Emergency Management Performance Grant (EMPG) funding awarded by the Unites States Department of Homeland Security to the California Office of Emergency Services (Cal OES), and subsequently sub-awarded to the County of Santa Clara (County).

7 Cal OES is expected to award the County 2021 EMPG funding in the amount of $521,180 for the purpose of sustaining and improving comprehensive emergency management programs.

Per the Memorandum of Understanding (MOU) with the County, Morgan Hill will receive up to $19,000 in grant funds for equipment to enhance the EOC capabilities, including laptops and tablets. The laptops and tablets will be for use by the City’s EOC team during training exercises and activations. Equipment purchase will occur in FY2022-23.

The County requires the MOU be executed in the current fiscal year in order to avoid funding delays from the state.

COMMUNITY ENGAGEMENT:

Inform
This staff report serves to inform the community of the City’s grant award and subsequent expenditures and activities associated with the grant funds. This grant is administered by the County of Santa Clara with funds that originated with the Federal Emergency Management Agency (FEMA). The City is eligible to receive the grant funding as part of the EMPG program.

ALTERNATIVE ACTIONS:

One alternative action by the Council could be to decline the funds for the EOC equipment. Without approval, the EOC would continue to function without widespread video display capabilities and utilize current aging EOC laptops.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

No previous actions have been taken on this item.

FISCAL AND RESOURCE IMPACT:

Grant funds will be received as a reimbursement after purchase and proof of payment has been submitted to the County. Sufficient funds will be appropriated in the FY2022- 23 EOC operating budget for associated grant expenditures.

CEQA (California Environmental Quality Act):

Not applicable. This MOU entails organizational or administrative activities of governments and will not result in direct or indirect physical changes in the environment.

AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND

THE CITY OF MORGAN HILL GRANTING PROGRAM FUNDS FOR THE
2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG1)
THIS AGREEMENT is made effective July 1, 2021, by and between the County of Santa Clara (“County”) and the City of Morgan Hill (“City”) for the allocation and distribution of 2021 Emergency Management Performance Grant (“EMPG”) funds.

RECITALS
WHEREAS, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos and Los Altos Hills, and the County of Santa Clara are parties to the 1994 Operational Area Interim Agreement; and
WHEREAS, the Santa Clara County Emergency Operational Area Council (“EOAC”) is the advisory body of the Santa Clara Operational Area in matters affecting disaster preparedness throughout the Operational Area. EOAC membership includes 5 city council members representing cities in the Operational Area as well as representatives of the Santa Clara Valley Water District, Office of the County Executive, County Board of Supervisors, City Managers’ Association, Police Chiefs’ Association, Fire Chiefs’ Association, County Public Health Department, County Social Services Agency, County Emergency Medical Services Agency, Santa Clara Valley Transportation Authority, and emergency management representatives; and
WHEREAS, the County Emergency Management Ordinance establishes the EOAC and endows the EOAC with authority to enhance planning and preparedness for large-scale emergencies in the Santa Clara Operational Area, including by making funding allocation recommendations for EMPG funding awarded by the United States Department of Homeland Security to the California Governor’s Office of Emergency Services (“Cal OES”), and subsequently sub-awarded to County; and WHEREAS, Cal OES has awarded County 2021 EMPG funding in the amount of $521,180 for the purpose of sustaining and improving comprehensive emergency management programs; NOW, THEREFORE, this AGREEMENT is to allocate the sum of $19,000 from County to City, so that City may implement the “EOC Technology” project as provided under this Agreement and specified in the EMPG Grant Certifications and Assurances, Exhibits B, C & D. The performance period for County for this grant expires on June 30, 2023. The performance period for City for the subgrant expires on March 31, 2023.

County and City agree as follows:

THE AGREEMENT
Article I. Definitions

1. Specific Terms
(a) “Burdened Labor Rate” shall mean the labor rate including benefits, taxes and other 1 2021 Homeland Security Grants, version 1

deductions from an employee’s paycheck. This rate does not include vacation benefits. The hourly burdened labor rate is used to calculate City’s match obligation. (b) “City” shall mean the City of Morgan Hill, its officers, board members, employees, and agents.
(c) “County” shall mean the County of Santa Clara, its officers, board members, employees, and agents.
(d) “EMPG funds” or “EMPG funding” shall mean the funding City receives under this Agreement.
(e) “Emergency Operations Center” or “EOC” shall mean the physical location at which the coordination of information and resources to support incident management (on-scene operations) activities normally takes place.
(f) “Federal Program Guidance” shall mean guidance documents issued by the Federal Emergency Management Agency, including the EMPG Program Funding Opportunity Announcement, for Fiscal Year 2021.
(g) “Grant Certifications and Assurances” shall mean the FY21 “Standard Assurance For Cal OES Federal Non-Disaster Grant Programs” (EXHIBIT B), “Certification Regarding Lobbying” (EXHIBIT C), and “Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure” (EXHIBIT D).
(h) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or more per year.
(i) “Prime Recipient” shall refer to County.
(j) “Project Manager” shall refer to the City employee identified as “Requestor” on an EMPG Project Proposal form.
(k) “Spend Plan” shall mean a written document that explains the project on which City intends to spend 2021 EMPG funding, including project deliverables and milestone dates by which any funds allocated to City must be spent.
(l) “State Guidance” shall mean the California Supplement to the Federal Notice of Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2021 for Emergency Management Performance Grants.
(m)“Subgrant” shall mean funds awarded to the City under this Agreement. (n) “Sub-Recipient” shall refer to City.

2. References to This Agreement
Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other

documents incorporated by reference into this Agreement; (d) all amendments, modifications, or supplements to this Agreement.

Article II. Allocation and Spend Plans

1. Allocation.

The 2021 EMPG funds shall be disbursed pursuant to the County’s FY 2021 EMPG Grant application for each City. County shall reimburse to City funds that City expends under the 2021 EMPG program for eligible expenditures. The amount for City shall not exceed $19,000 unless additional funds become available under the 2021 EMPG program following the execution of this Agreement. If additional funds are allocated, an amendment to this Agreement shall follow.

City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City until County and City have fully and finally executed this Agreement.

City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City unless and until the State of California has approved $521,180 in FY 2021 EMPG funding.

2. Spend Plans
Upon execution of this agreement, City shall provide County with Spend Plans for review by County’s Office of Emergency Management (“OEM”) Director or designee. All Spend Plans must be approved by County’s OEM Director or designee based on projects County has submitted to the State for the 2021 EMPG program. If County’s OEM Director does not approve City’s Spend Plan, County OEM shall notify City, and City shall have 10 days from the date of the notice to submit a revised Spend Plan to County OEM for approval or risk reallocation of funds. City’s Spend Plans are a required part of this MOU.

Article III. Requests for Reimbursement and Reimbursements

1. Required Documentation for Reimbursement
The EMPG is a reimbursement grant under which Cal OES disburses reimbursement funds to County, and County disburses reimbursement funds to City. No cash advances are permitted under the EMPG program.

The EMPG is a matching funds grant that requires City to provide a dollar-for-dollar match for any EMPG funds it receives. All invoices/ requests for reimbursement from City must include appropriate documentation such as receipts or payment records as well as other documentation required under Federal or State grant program requirements (see Article III). (a) Requests for Equipment
City is solely responsible for procuring any equipment under this Agreement in accordance with the most current applicable Federal requirements for procuring grant-funded equipment; and, if more restrictive, applicable City procurement policies and requirements.

Prior to purchasing any equipment under this Agreement, when required, City must submit an

Environmental and Historic Preservation (EHP) Screening form and receive written approval from FEMA.

The following documentation must be provided along with any reimbursement requests for equipment:
• Quote or solicitation documents
• Summary of pricing and chosen vendor
• Documentation that vendor is not on the excluded parties list (https://sam.gov/) a printout of the search result page will suffice) • Purchase order and/or contract
• Receiving documentation/packing slip
• Invoice
• Proof of payment
All equipment must be indicated in the Spend Plan City submits to County, and must be authorized per the web-based Authorized Equipment List published by FEMA and available via:
https://www.fema.gov/authorized-equipment-list.
(b) Subcontracts
Subcontracts totaling $25,000 or more require preapproval from County. If City is allowed to award subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit E, within 30 days of the award. The following information must be included in City’s report on any sub-award exceeding $25,000:
• Name of entity receiving award;
• Amount of award;
• Funding agency;
• Catalog of Federal Domestic Assistance program number; • Award title (descriptive of the purpose of the funding action); • Location of the receiving entity and primary location of performance including city, state, and federal Congressional district;
• Dun & Bradstreet (D&B) DUNS Number of the receiving entity, and of its parent if applicable; and
• Total compensation and names of receiving entity’s five most highly compensated executives if:
o In the preceding fiscal year, the subcontractor received 80 percent or more, and $25,000,000 or more, of its gross annual revenue from federal procurement contracts or subcontracts or from federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.230; and o The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(a), 78o(d), or under section 6104 of the Internal Revenue Code of 1986.
o City must report subcontractor executive compensation by the end of the month

following the month in which it makes the subaward. For example, if the subaward is obligated in any date in April 2022, City must report any required compensation information by May 31, 2022.

Classified information that, in the interest of national security, requires protection against unauthorized disclosure (i.e., information deemed Top Secret, Secret, or Confidential under Executive Order 12958) is exempt from the Prime and Sub-Recipient reporting requirements, as are contracts with individuals.
(c) Sole Source Contracts
Sole source contracts of $250,000 or more are not allowable under the EMPG program unless first approved by Cal OES. City must obtain sole source request documentation and submit it to the Grants Manager of County’s OEM. Upon City’s completion and submission of the required sole source documentation, County’s Grants Manager shall forward all sole source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole source procurement be completed and expenditures reimbursed using EMPG allocated funds. All sole source procurements must follow the most current applicable Federal procurement requirements for grants and, if more restrictive, City’s own procurement policies. (d) Grant Funded Personnel
EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding.

This includes M&A staff funded by EMPG Program funds. All EMPG Program funded personnel shall complete the training requirements in Article IV, Section 2 (c) by December 31, 2022.

Recorded proof of completion, such as all certificates of completion, must be submitted by the City to County (OEM) before any reimbursements to the City will be made. In any case, proof of completion must be provided by December 31, 2022.

Documentation of participation in exercises is also required by the grant and progress towards meeting this requirement must be reported to the grant manager at least quarterly.

Time reporting requirements: To receive payments for personnel costs, City must submit time and payroll documentation that meets Federal Grant, State Grant (Cal OES) and County reporting requirements.
(e) Other Requests
The following documentation is required for all reimbursement requests for contractors:
• Quote or solicitation documents
• Executive summary of how contractor was chosen
• Documentation that vendor is not on the excluded parties list (https://www.sam.gov/) (a print-out of the search result page will suffice)
• Purchase order and/or contract
• Invoice showing deliverables and milestones completed

• Proof of payment
• Financial Disclosure Form (Exhibit E) if awarded contract exceeds $25,000

2. Submission of Requests for Reimbursement
(a) City shall submit reimbursement requests to County’s OEM (see Article V.1 below) on a quarterly basis, as detailed in the chart below. Unless pre-approved by County’s OEM Director or designee, all reimbursement requests shall be due fifteen calendar days after the end of the quarter, with the exception of the final expenditure and/or invoice, as indicated below. Any expenditure during the final period identified in the chart below shall be made by March 15, 2023, and any related invoice shall be submitted by March 31, 2023, unless otherwise pre-approved by County’s OEM Director or designee, in order to meet 2021 EMPG deadlines. Reimbursement requests shall be due for expenditures during specified periods as follows:

For Expenditures During the Period: Due Dates for Reimbursement Requests:

July 1, 2021 through December 31, 2021 January 20, 2022 January 1, 2022 through June 30, 2022 July 20, 2022
July 1, 2022 through December 31, 2022 January 20, 2023 January 1, 2023 through March 15, 2023 March 31, 2023
(b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after the due dates for reimbursement requests for expenditures within a given quarter as specified above in Article II, Section 2(a). (c) All grant funds not claimed by City via a proper reimbursement request, which includes all required documentation, by April 15, 2023 will be forfeited. County may then determine how to spend those funds in accordance with grant requirements.

Article IV. Use of Funds

1. Master Grant Obligations
(a) City shall comply with the EMPG Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as Exhibits B, C & D. City shall require any subgrantee, contractor, or other entity receiving EMPG funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that subgrantee, contractor, or other entity complies with the Grant Certifications and Assurances.
(b) City shall ensure its Project Manager attends a grant kickoff meeting with County OEM staff.

Additionally, City shall ensure its Project Manager is available to meet with County OEM staff upon request during the period of this agreement to report on progress on each project funded under this Agreement.
(c) City shall comply with all other applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement, provided that if

any provisions of this Agreement conflict with any State requirements, the State requirements will control. City shall ensure that any subgrantee, contractor, or other entity receiving EMPG funds through or from City complies with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement.
(d) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive EMPG funds. In addition, City shall ensure and independently verify that any subgrantee, contractor, or other entity receiving EMPG funds through or from City is not debarred, suspended, or otherwise excluded from participation in the EMPG program.

City shall maintain documentary proof of this verification in its files.

2. Scope of Services
(a) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2021 EMPG program, as indicated in Exhibit E, Program Narrative. City shall not use the funds granted under this Agreement for any other purpose.

County shall not be required to disburse funds to or otherwise pay City for services, materials, equipment, or supplies provided by City that are beyond the scope of the services, materials, equipment, or supplies agreed upon in this Agreement or a lawfully executed written amendment.

Indirect costs are allowable under the FY21 EMPG grant. Allowability of Indirect costs does not increase the total amount of the State, Operational Area or other sub-recipient (i.e. jurisdictions) grant awards. Claims for indirect costs therefore necessarily decrease the federal funds available to pay for direct project costs. Subawards are based on the direct cost of approved projects. Sub-recipients wishing to claim indirect costs must use an indirect cost rate in compliance with the most current applicable Federal guidance and regulations including 2 C.F.R. § 200.68 and Subpart E.
(b) All EMPG grant-funded personnel (e.g. an Emergency Preparedness Planner employed by the City under this grant) shall participate in no less than two exercises in a 12-month period. These exercises must align to an identified priority area. EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding. This includes contracted personnel, as well as M&A staff funded by EMPG grant funds. There is no specific requirement for level of “participation” in the exercises – i.e., observation and attendance satisfies the objective. The exercises can be of any type (e.g., Drills, Tabletop Exercises, or Functional) within the performance period (see https://hseep.dhs.gov).

Participation in exercises by grant funded staff must be reported quarterly to ensure adequate progress is being made toward meeting this requirement. (c) To ensure the development of a professional emergency management workforce, all EMPG grant-funded personnel shall complete the following 11 training requirements and shall record proof of completion:
• National Incident Management System (NIMS) Training:
i. IS 100 Introduction to Incident Command System

ii. IS 200 ICS for Single Resources and Initial Action Incident iii. IS 700 National Incident Management System, An Introduction iv. IS 800 National Response Framework, An Introduction • FEMA Professional Development Series:
v. IS 120.c Introduction to Exercises
vi. IS 230.e Fundamentals of Emergency Management
vii. IS 235.c Emergency Planning
viii. IS 240.b Leadership and Influence
ix. IS 241.b Decision Making and Problem Solving
x. IS 242.b Effective Communication
xi. IS 244.b Developing and Managing Volunteers
The aforementioned courses are all available for free on-line at the following links:
http://training.fema.gov/IS/NIMS.aspx & http://training.fema.gov/emiweb/PDS/ Note: The “G” course series and classroom-based equivalents can be used as an alternate to satisfy these training requirements. Past completion of the above courses (or qualifying equivalent) may be considered acceptable in meeting this requirement.

Article V. Term and Termination

1. Term of Agreement
This Agreement is effective from July 1, 2021 through June 30, 2023—the FY 2021 EMPG performance period established by Cal OES the State for the County.

2. Availability of Funds
(a) The parties acknowledge and agree that this Agreement is dependent upon the availability of County, regional, State and/or federal funding.
(b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount. (c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources.

3. Termination
(a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice.

(b) Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party. The written notice shall specify the date on which termination shall become effective, which shall be no less than thirty (30) days from the date of the notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable EMPG guidelines.
(c) Opportunity to Cure. In the event of termination for material breach of this Agreement, the non-breaching party shall give written notice of the breach to the breaching party, specifying the breach/cause. The breaching party shall not be deemed in default and the non-breaching party shall not institute proceedings or exercise any remedies against the breaching party unless the breach has not been cured, corrected or remedied within thirty (30) days after the breaching party’s receipt of the notice of breach, or within such longer period as may be reasonably required to cure, correct or remedy the breach, provided the breaching party has commenced its cure, correction or remedy within the thirty (30) day period and diligently and continuously pursues that cure, correction or remedy. (d) If this Agreement is terminated, City shall return EMPG funding in accordance with EMPG program guidelines.

Article VI. Indemnification and Liabilities

1. Indemnification by City
In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the parties under Government Code section 895.6, County and City agree instead that under Government Code section 895.4, City shall fully indemnify and hold County, its officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. This indemnity shall include, without limitation, reasonable attorneys’ fees, consultants and experts and related costs, and County’s cost of investigating any claim.

2. Duty to Defend
City acknowledges and agrees that its obligation to defend County under Article V.1: (a) is an immediate obligation, independent of its other obligations under this Agreement; and (b) applies to any claim, expense, cost, damage, or liability falling within the scope of Article V.1, regardless of whether the allegations made in connection with that claim, expense, cost, damage, or liability may be groundless, false, or fraudulent. County shall provide City with prompt notice of any claim, expense, cost, damage, or liability under Article V.1 and City shall have the right to defend, settle, or compromise that claim, expense, cost, damage, or liability, provided, however, that County shall have the right to retain its own counsel at City’s expense if representation of County by counsel retained by City would result in a conflict of interest, and that City shall obtain County’s prior written consent to settle or compromise if City contends that County shares in any liability. County’s failure to notify City promptly of any claim, expense, cost, damage, or liability shall not relieve City of liability to County under Article V.1 unless that failure materially impairs City’s ability to defend against the claim, expense, cost, damage, or liability.

3. Limitation on Liability
County, its officers, board members, employees, and agents shall not be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement.

County’s obligations under this Agreement shall be limited to the aggregate amount of EMPG funds actually disbursed. Notwithstanding any other provision in this Agreement or any other document or communication between County and City relating to this Agreement, in no event shall County be liable for any damages arising out of or in connection with this Agreement, the EMPG funds, City’s Spend Plan, or any activities performed in connection with this Agreement.

Article VII. Miscellaneous

1. Notice
All notices required by this Agreement shall be deemed given when provided in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing:

To City:

Jennifer Ponce, Emergency Services Coordinator
Morgan Hill Police Department
16200 Vineyard Blvd
Morgan Hill, CA 95037
To County:

Ivan Williams
EMPG Grant Manager
County of Santa Clara Office of Emergency Management
55 W. Younger Ave., Suite 450
San Jose, CA 95110

2. Compliance with all Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention
(a) Compliance with All Laws: City shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the nondiscrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (b) Compliance with Non-Discrimination and Equal Opportunity Laws: City shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963;

California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, City shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall City discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
(c) Compliance with Wage and Hour Laws: City shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws.
(d) Definitions: For purposes of this Subsection, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality of Assurance. (e) Prior Judgment, Decisions or Orders against City: By signing this Agreement, City affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that City violated an applicable wage and hour law or pay equity law. City further affirms that is has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments.
(f) Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, City receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then City shall promptly satisfy and comply with any such Final Judgment. City shall inform the Office of the County ExecutiveOffice of Countywide Contracting Management (OCCM) of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. City shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this

paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.
(g) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to City’s records, City shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County’s request, City shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records that are related to the purpose of this Section, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during City’s normal business hours upon no less than 10 business days’ advance notice.
(h) Pay Equity Notification: City shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to City for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of City’s Employees and Job Applicants. (i) Material Breach: Failure to comply with any part of this Section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:

1. Suspend or terminate any or all parts of this Agreement.

2. Withhold payment to City until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law.

3. Offer City an opportunity to cure the breach.
(j) Subcontractors: City shall impose all of the requirements set forth in this Section on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

3. County No-Smoking Policy
City and its employees, agents and subcontractors shall comply with County’s No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles.

4. Food and Beverage Standards
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by City with County funds for County-sponsored

meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low-fat and low-calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, City shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high-calorie desserts; (3) attempt to accommodate special dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the City should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored reduced fat (either nonfat or 1% low-fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce serving. Sugar-sweetened beverages shall not be provided.

5. Governing Law, Venue
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.

6. Assignment
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other party.

7. Entire Agreement
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, convenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

8. Amendments
This Agreement may only be amended by a written instrument signed by the Parties.

9. Counterparts

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

10. Contract Execution
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

11. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

12. Waiver
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly stated.

13. Conflicts of Interest
City shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the County.

In accepting this Agreement, City covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. City further covenants that, in the performance of this Agreement, it will not employ any contractor or person having such an interest. City, including but not limited to contractor’s employees and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, City shall, upon execution of this Agreement, provide the County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to City’s employees, agents and subcontractors, that could be substantively involved in “making a governmental decision” or “serving in a staff capacity and in that capacity participating in

making governmental decisions or performing duties that would be performed by an individual in a designated position,” (2 CCR 18701(a)(2)), as part of City’s service to the County under this Agreement.

City shall immediately notify the County of the names and email addresses of any additional individuals later assigned to provide such service to the County under this Agreement in such a capacity. City shall immediately notify the County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to the County.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, City shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other laws and regulations listed in subsection (A) including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement.

14. Contracting Principles
All entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their employees fairly. To ensure compliance with these contracting principles, the City and all contractors shall: (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the County copies of any financial audits that have been completed during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through representatives of the City, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules.

15. California Public Records Act
County and City are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). If either County’s or City’s proprietary information is contained in documents or information submitted to the other party, and the submitting party claims that such information falls within one or more CPRA exemptions, the submitting party must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information.

In the event of a request for such information, the receiving party will make best efforts to provide notice to the submitting party prior to such disclosure. If the submitting party contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the receiving party is required to respond to the CPRA request. If the submitting party fails to obtain such remedy within the time the receiving party is required to respond to the CPRA request, the receiving party may disclose the requested information.

16. Third Party Beneficiaries
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties.

17. COVID-19 Requirements
City shall comply with all County requirements relating to COVID-19 for persons who routinely

perform services for the County onsite and share airspace with or proximity to other people at a County facility as part of their services for the County, including but not limited to vaccination, as applicable and periodically updated, and available at https://procurement.sccgov.org/doing-businesscounty/contractor-vaccinations and incorporated herein by this reference. If applicable, City shall complete the Contractor Certification of Compliance with COVID-19 Vaccine Requirements (“Certification”), attached hereto as Exhibit G. City shall comply with the requirements of this Section for the entire term of this Agreement.

City shall comply with all reasonable requests by County for documentation demonstrating City’s compliance with this Section. Failure by City to comply with any of the requirements of this Section (including but not limited to vaccination and masking requirements and completion and submittal of the Certification) is a material breach of this Agreement, and the County may, in its sole discretion terminate this Agreement immediately or take other action as the County may determine to be appropriate.

18. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy #405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services.
(b) Prohibitions.

1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

2. Unless an exception in paragraph (c) of this clause applies, City and any contractor and/or subcontractor may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract or other contractual instrument, any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions.

1. This clause does not prohibit City or its contractors or subcontractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

2. By necessary implication and regulation, the prohibitions also do not apply to:
a. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.

1. In the event the City or its contractor or subcontractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or City or its contractor or subcontractor is notified of such by a subcontractor at any tier or by any other source, City shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

2. City shall report the following information pursuant to paragraph (d)1 of this clause:
a. Within one business day for the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
b. Within 10 business days of submitting the information in paragraph (d)2a of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts.

City shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

19. Domestic Preferences for Procurement2
a. As appropriate and to the extent consistent with law, City should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all contracts and purchase orders for work or products under this agreement.
b. For purposes of this section:
i. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
2 “Local preference” is still prohibited under 2 CFR Part 200 Section 200.319(c)

ii. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymerbased products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

20. Certified Resolution of Signature Authority
Upon request of County, City shall deliver to County a copy of the resolution(s) authorizing execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of City.

Signed:

COUNTY OF SANTA CLARA CITY OF MORGAN HILL
By__________________________ ________ _________________________ ______ Jeffrey V. Smith Date Christina Turner Date
County Executive City Manager
Approved as to Form and Legality: Approved as to Form:
____________________________ ____________________________ Kavita Narayan Date Donald Larkin Date
Assistant County Counsel City Attorney
Enclosures
Exhibit A Santa Clara County EMPG Notification of Subrecipient Application Approval Exhibit B Standard Assurances for Cal OES Federal Non-Disaster Grant Programs Exhibit C Certification Regarding Lobbying
Exhibit D Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure
Exhibit E Project Narrative(s)
Exhibit F Functional Timesheet Sample
Exhibit G Contractor Certification of Compliance with COVID-19 Vaccine Requirements

County Executive
55 West Younger Ave, Suite 450
Jeffrey V. Smith
San Jose, CA 95110
Santa Clara County
December 30, 2021
Dear Mr. Smith:

MARK S. GHILARDUCCI

DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8510 TELEPHONE

NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL
FY 2021 Emergency Management Performance Grant (EMPG)
Subaward #: 2021-0015, Cal OES ID: 085-00000
The California Governor's Office of Emergency Services (Cal OES) has approved your FY 2021 Emergency Management Performance Grant (EMPG) application in the amount of $521,180. As of the date of this letter, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook (FMFW) available at www.caloes.ca.gov. A copy of your approved subaward is enclosed for your records.

Any activities requiring additional review (e.g., Environmental Planning and Historic Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities.

This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES.

For additional information, please contact your Cal OES Program Representative.

SUBJECT:

Homeland Security & Emergency Management Grants Processing Enclosure
cc: Subrecipient file

GAVIN NEWSOM

GOVERNOR
www.CalOES.ca.gov

EXHIBIT A

DocuSign Envelope ID: 718D6574-E2E4-4AC4-BF79-08881F697EF5 '--J-\L1rvl'\1�1J-\ \JV v """v"., vrr -ic O E F EMER G C S EN Y ERV IC E a E S (C IO S) Cal OES #
(Cal OES Use Only)
FIPS # 085-00000 VS# 06

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:

EA
Subaward # 2021-0015

1. Subrecipient: County of Santa Clara 1 a. DUNS#: ____ ___,06'"""-'-- 9-'-l l'-'8=2=8 9'------

2. Implementing Agency: Santa Clara County Office of Emergency Management 2a. DUNS#: ____ ___,06'-'-'- 9-'-l l'-'8=2=8 9'------

3. Implementing Agency Address: �5-'--5 W__e'-'s-'-t Yo_�u�n�g�e-'--r-'-A-'-v-'--e�nue��,�S�u-'-ite'--45�0'----------'S�a-'-n�J�o-'-- se'-----------�95�-'-l l�0-_17� _1 2 =__ _
4, Location of Project:
5, Disaster/Program Tille:

7. Indirect Cost Rate:

Item Grant Fund
Number Year Source

8. 2021 EMPG

9. 10.

11. 12.

Total Project Cost
(Street) (City) (Zip+4)
San Jose
(City)
Emergency Management Performance Grant
N/A
A. Slate B, Federal C. Total
$521,180
$0 $521,180 $521,180
Santa Clara
(County)

6. Performance Period:-�Ju-'-l�y_l�, 2-'-0-'-2 _1 __
(Start Dale)
to
95 110- 17 12
(Zip+4)
June 30, 2023
(End Dale)
Federally Approved ICR (if applicable): ______ %
D. Cash Match E. In-Kind Maleh F, Total Match G, Total Cost $521,180 $521,180 $1,042,360
$0 $0
$0 $0
$0 $0
$0 $0
$521,180 $0 $521,180 $1,042,360

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipienl accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipienl further agrees that the allocation of funds may be contingent on the enactment of the Slate Budget.

14. CA Public Records Act- Grant applications are subject to the California Public Records Act, Government Code section 6250 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed. 15, Official Authorized to Sign for Subrecipient:

Name: Jeff Smith Tille: County Executive
Zip Code+4: __ 95_1_10_- _17_1_2 __
Oht A-r 11/29/2021
Payment Ma11in
�
��Zig
ned by 55 W est Younger Ave, Suite 450 City: __ Sa_n_Jo_se _____ �-�-- Signature. i"97_
�� __ vl____________________ Date: ___________________ _ 16, Federal Employef11:f\lrBmHiif07 94-6000533
I � -�·-- J hu• (FOR Cal OES USE QNU'_}_ -�·--
I here�� �nal knowledge that b
l�7r,g J'i852°ie available for the period and ( urp{t�x�S{)� ted above.
(Cal OES Fiscal Officer) (Dale)
ENY: 2021-22 Chapter: 21 SL: 14851
Item: 0690-101-0890 Pgm: 0385
FAIN#: EMF-2021-EP-00015 10/01/20 - 09/30/23
Fund: Federal Trust AL#: 97.042
Program: Emergency Management Performance Grant
Match Req.: 50% on TPC
Project No.: OES21EMPG000012 Amount: $521,180
SC: 2021-14851
FY 2021 EMPG/EMPG-A FMFW (Macro) v,21 l of 16
(Cal OES Director or Designee)
I
12/15/2021
(Dale)

RECEIVED
By YangY at 12:56 pm, Nov 30, 2021
ML# 746589
Facesheet
21LA0037-00

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

EXHIBIT B

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.

Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.