Morgan Hill City Council
May 18, 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, May 18, 2022 6:00 PM
Virtual Meeting
Link to join the meeting can be found below

VIRTUAL MEETING GUIDELINES AND PUBLIC COMMENT
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed.

Physical meetings will not be in the City Council Chamber until further notice.

City Council meetings will be live-streamed on Channel 17, on the City’s website, and on the City’s Facebook page. Those members of the community that would like to participate in the meetings remotely may do so by joining the virtual meeting at:
https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#.

Public comment may be provided in the following ways:
 Join the virtual City Council meeting via the link above, when public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF ZOOM TO BE

UNMUTED)
 Join the virtual meeting by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
 Send public comments in writing to the City Clerk at
[email protected]
* Please note that comments made on Facebook are not considered public comment.

SPECIAL/REGULAR MEETING

AMENDED AGENDA

A special meeting of the City Council is called at 6:00 p.m. for the purpose of conducting a closed session.

SPECIAL MEETING
6:00 p.m. Closed Session

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION
Revised closed session language:

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.

PROCLAMATIONS
Proclaiming the week of May 15-21, 2022 as Public Works Week Proclaiming the week of May 15-21, 2022 as Emergency Medical Services Week Proclaiming Saturday, May 21, 2022 as Kids to Park Day
Proclaiming the Month of May 2022 as Older Americans Month Proclaiming the Month of May 2022 as Asian American Pacific Islander Heritage Month May 18, 2022
2

May 18, 2022
3 PRESENTATIONS

CITY COUNCIL REPORTS
Council Member McKay

CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at
[email protected] to receive a response. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

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

Time Estimate for Consent Calendar: 1 - 10 Minutes

1. ACCEPT RESIGNATION OF PLANNING COMMISSIONER LAURA

GONZALEZ-ESCOTO
Recommendation:

1. Accept Laura Gonzalez-Escoto's resignation from the Planning Commission effective immediately; and

May 18, 2022
4 2. Direct the City Clerk to continue recruitment efforts to fill an unexpired term ending June 2025, on the Planning Commission.

2. ACCEPT BUTTERFIELD BOULEVARD LINEAR PARK EXTENSION

PROJECT
Recommendation:

1. Accept as complete the Butterfield Boulevard Linear Park Extension Project;

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

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

3. ADOPT 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.

4. ADOPT RESOLUTION DESIGNATING THE CITY'S ENFORCEMENT AGENCY

FOR REGULATING SINGLE-USE FOODWARE AS REQUIRED BY
ASSEMBLY BILL 1276.

Recommendation:

Adopt resolution designating the City's enforcement agency for regulating singleuse foodware as required by Assembly Bill 1276.

5. ADOPT ORDINANCE 2334, NEW SERIES, AUTHORIZING AN AMENDMENT

TO THE CONTRACT BETWEEN THE CITY OF MORGAN HILL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM
Recommendation:

Waive the reading, adopt Ordinance No. 2334, 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.

6. ADOPT RESOLUTION GRANTING DELEGATION OF AUTHORITY TO FIRE CHIEF
Recommendation:

Adopt resolution granting delegation of authority to Fire Chief George Huang to sign and submit State Surplus Property Program Eligibility Application.

7. AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AXON IN THE AMOUNT OF $778,400 FOR THE POLICE COMPUTER AIDED

DISPATCH AND RECORDS MANAGEMENT SYSTEM UPGRADE

May 18, 2022
5 Recommendation:

Authorize the City Manager to execute and amend, when necessary, a 10-year agreement with Axon for a Computer Aided Dispatch and Records Management System subject to approval as to form by the City Attorney.

8. APPROVE PARCEL MAP FOR SABINI COURT SUBDIVISION (APN: 773-32- 013) AND RELATED SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:

1. Approve the Parcel Map;

2. Authorize the City Manager to execute the Subdivision Improvements Agreement with Strolata Properties, LLC; and

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

9. APPROVE AN IMPROVEMENT AGREEMENT WITH THOMPSON & HARVEY

BAY AREA, LLC (AU ENERGY LLC) FOR THE RAILROAD-GOYAL PROJECT (UP2019-0005)
Recommendation:

1. Approve an Improvement Agreement with Thompson & Harvey Bay Area, LLC;

2. Authorize the City Manager to execute the Improvement Agreement; and

3. Authorize the recordation of the Improvement Agreement.

10. APPROVE THE MAY 4, 2022 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the May 4, 2022 City Council Meeting Minutes.

PUBLIC HEARINGS

11. ADOPT CITY COUNCIL DISTRICT MAP "NDC GREEN" OR AN

ALTERNATIVE LEGALLY ACCEPTABLE MAP
Recommendation:

1. Review and adopt an alternative redistricting map based upon the court order from May 9, 2022, directing the City Council to adopt a new legally acceptable district map; and

2. Approve an amended resolution identifying the alternative City Council District map.

Estimated Time: 45 Minutes

May 18, 2022
6 AND 2023-2024 OPERATING BUDGET AND FY 2022-23 THROUGH 2027-28

CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
Recommendation:

Review and discuss the Recommended Budget, including community funding requests and the Impact Fee Freeze Program.

Estimated Time: 120 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

OTHER BUSINESS

12. REVIEW CITY MANAGER'S RECOMMENDED FISCAL YEARS (FY) 2022-23

May 18, 2022
7 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.

May 18, 2022
8

1 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Angie Gonzalez, Council Services Assistant
APPROVED BY: City Manager

ACCEPT RESIGNATION OF PLANNING COMMISSIONER LAURA

GONZALEZ-ESCOTO

RECOMMENDATION(S)

1. Accept Laura Gonzalez-Escoto's resignation from the Planning Commission effective immediately; and

2. Direct the City Clerk to continue recruitment efforts to fill an unexpired term ending June 2025, on the Planning Commission.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Affordable Housing and Homelessness
Community Outreach, Engagement, and Messaging
Economic Development
Transportation
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

On April 26, 2022, Laura Gonzalez-Escoto submitted her resignation from the Planning Commission effective Tuesday, April 26, 2022. The City Clerk’s office has begun the recruitment efforts to fill the vacancy that has a term ending in June 2025. Staff recommends that the Council accept Ms. Gonzalez Escoto's resignation and direct the City Clerk’s office to continue the recruitment efforts.

1 COMMUNITY ENGAGEMENT:

Involve
Recruitment efforts are underway encouraging citizens to apply for City Council appointment consideration to the Planning Commission.

ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Recruitment efforts are conducted each year to appoint or reappoint commissioners as their terms expire.

FISCAL AND RESOURCE IMPACT:

There is no fiscal or resource impact associated with the actions to interview and appoint, as the recruitment and appointment process is accommodated in the Administrative Services operating budget.

CEQA (California Environmental Quality Act):

Not a project.

The appointment of commissioners is not a project, as defined in Section 15378 of the State CEQA guidelines.

2 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager

ACCEPT BUTTERFIELD BOULEVARD LINEAR PARK EXTENSION

PROJECT

RECOMMENDATION(S)

1. Accept as complete the Butterfield Boulevard Linear Park Extension Project;

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

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

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

On September 23, 2020, the Butterfield Boulevard Linear Park Extension Project was awarded to Terramark General Engineering Contractors, Inc. in the amount of $1,439,226 with a contingency of $143,923. The scope of work for the project included the construction of a class I bicycle trail approximately two miles in length along Butterfield Boulevard from San Pedro Avenue to Railroad Avenue. Additional work included the relocation of curb & gutter along Butterfield Boulevard, concrete flat work, streetlight and signal pole relocation, minor water and storm drain modifications, irrigation and landscaping. With the completion of the project, a new pedestrian and bicycle trail from Railroad Avenue to San Pedro Avenue will be available for the community to enjoy (See attachment 1).

Construction on the project began in October of 2020 and was substantially completed on March 31, 2022. Three change orders were authorized in the amount of $135,739.61 due to plan changes and unforeseen conditions (See attachment 2). The

2 final construction contract with Terramark General Engineering Contractors, Inc. is $1,574,965.61. Staff recommends accepting this project as it has been completed in accordance with the plans and specifications. Additionally, staff recommends directing the City Clerk to file the Notice of Completion for the project (Attachment 3).

Following acceptance of the project, staff will prepare the required paperwork for the reimbursement of project costs attributable to the "Urban Greening" Grant the City received for the project.

COMMUNITY ENGAGEMENT:

Inform
Prior to and during construction of this project, staff have informed the community regarding the progress of this project using the media, social media, and the City’s website.

ALTERNATIVE ACTIONS:

Accepting the project in accordance with the contract documents is a required process and enables the City to release any retained funds owed to the contractor per California Public Contract Code Section 7107.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
 July 19, 2017 – Adopted the Bikeways, Trails, Parks, and Recreation Master Plan.
 February 7, 2018 – Adopted resolution amending Fiscal Year 2017-18 budget to accommodate the addition of a new capital improvement project, Butterfield Connector Path Project.
 September 23, 2020 - Awarded Butterfield Boulevard Linear Park Extension Project
FISCAL AND RESOURCE IMPACT:

The final contract amount for the Butterfield Boulevard Linear Park Project is $1,574,965.61. The project was awarded to Terramark General Engineering Contractors, Inc. in the amount of $1,439,226 with an authorized contingency of $143,923 (Total of $1,583,149). The project is funded in the adopted Capital Improvement Program budget, under Project #148017, Butterfield Boulevard Linear Park Project, utilizing Park Impact Fund (301). If accepted, approximately $1,700,000 from the "Urban Greening" grant will be reimbursed to the City for any reimburseable project costs, including but not limited to the Terramark contract, administrative and other miscellaneous costs. The grant amount will go back to the Park Impact Fund (301). Three change orders were authorized in the amount of $135,739.61. The balance of $8,183.39 will be returned to the Park Impact Fund (301).

2 CEQA (California Environmental Quality Act):

Categorical Exemption
The Butterfield Boulevard Linear Park Extension Project is categorically exempt from CEQA per Section 15304(b)(h) – Minor Alteration to Land, 15301(c) – Existing Facilities and 15303(e) – Construction or Conversion of Small Structures of the CEQA Guidelines.

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community O
0 312.5 625 1,250 1,875 2,500
Feet

BUTTERFIELD BOULEVARD

LINEAR PARK
EXTENSION PROJECT Engineering and Utilities Division
Capital Improvement Program
G:\R-14\Proj\GIS\John\Yat_Path_StfRptm.mxd

BUTTERFIELD BOULEVARD LINEAR

PARK EXTENSION PROJECT

LOCATION

CIP Contract Acceptance
Funding Closeout Statement
Project: Butterfield Boulevard Linear Park Extension Project Project No: 148017
Date of Project
Award: 23-Sep-20 Project AwardAmount:

Funding Source: F301
Contingency
Authorized:

Date of Project
Acceptance: 4-May-22 Total Authorized:

Actual Base
Contract Spent:

Change Orders
Description Date
Council Approval
Reqd? (Y/N)
C.O. #1:

Digout and Repair Subgrade, Remove and
Replace section of Curb and Gutter due to Grade
Issue and Additional Landscaping behind
Butterfield Channel
28-May-21 N
C.O. #2:

Raise Existing Traffic Signal Pole, Additional
Asphalt Concrete, Potholing, and Miscellaneous
adds and deducts
8-Oct-21 N
C.O. #3:

Miscellaneous Adds and Deducts to Unit Cost,
Additional Trees, and Repair of Rip Rap 31-Jan-22 N
Total C.O.:

Additional Appropriations
Source Amount Date
None
Total Construction
Amount (Base
Contract plus
CO's):

Construction Fund Balance: $8,183.39

$1,439,226
$143,923
$1,583,149
$1,439,226
$127,496.00
$2,235.24
$6,008.37
$135,739.61
$1,574,965.61

Recording Requested By:
___________________________
When Recorded Mail To:
___________________________
___________________________
___________________________
___________________________
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the Owner or agent of the Project described below.

2. Owner’s full name is City of Morgan Hill.

3. Owner’s address is 17575 Peak Avenue, Morgan Hill, CA 95037.

4. The nature of Owner’s interest in the Project is:

XX Fee ownership __ Lessee __ Other:

5. Construction work on the Project performed on Owner’s behalf is generally described as follows: Construction of Class I Trail along Butterfield Boulevard from San Pedro Avenue to Railroad Avenue

6. The name of the original Contractor for the Project is: Terramark General Engineering Contractors, Inc.

7. The Project was completed on: March 31, 2022

8. The Project is along Butterfield Boulevard from San Pedro Avenue to Railroad Avenue Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Scott Creer, City Engineer

CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 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:

The Council could choose not to adopt the proposed resolution and continue its May 18, 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 May 18, 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 May 18, 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: May 18, 2022
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

ADOPT RESOLUTION DESIGNATING THE CITY'S ENFORCEMENT

AGENCY FOR REGULATING SINGLE-USE FOODWARE AS REQUIRED
BY ASSEMBLY BILL 1276

RECOMMENDATION(S)
Adopt resolution designating the City's enforcement agency for regulating single-use foodware as required by Assembly Bill 1276.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land REPORT NARRATIVE:

On October 5, 2021, the Governor signed Assembly Bill (AB) 1276, which beginning January 1, 2022, requires food facilities to only provide food service ware accessories (utensils, straws, stirrers, etc.) and standard condiments packaged for single use upon consumer request. Food providers may not proactively offer these items to consumers except for drive-through orders. Food ordering platforms, including third-party delivery services, must provide consumers an option to affirmatively request each accessory or standard condiment. Accessories must be provided individually and cannot be packaged together. Self-service dispensers that dispense one accessory at a time and self-serve bulk condiment dispensers are acceptable.

The legislation requires Cities to on or before June 1, 2022, authorize an enforcement agency to enforce the provisions of AB 1276 (California Public Resources Code Section 42270 - 42273). The attached resolution, consistent with the City's polystyrene ordinance, designates the Public Services Director as the enforcement agent, with the City's Environmental Services Division taking on the role of enforcing the State requirements. At this time the Division is focused on water conservation, implementing mandated storm water requirements, and implementing the City's Private Sewer Lateral Ordinance. Additionally, the Division is attempting to implement the Climate Action Plan with no additional dedicated resources. For these reasons, the Division intends to limit actions to updating the City's website and providing communications on the new state

4 requirements, but does not intend to actively enforce through inspections. However, should reports be made to the City, the City will respond.

COMMUNITY ENGAGEMENT:

Inform
No engagement was performed previously as this is a mandated state requirement.

However, the City intends to provide education to businesses and residents on the new requirements.

ALTERNATIVE ACTIONS:

There is no feasible alternative actions to adopting the ordinance, as it is required to meet state law. The Council could choose to provide alternative direction on City implementation of enforcement actions.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

There are no prior Council actions related to this item.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with the recommended action. The Environmental Services Division has anticipated and planned for the limited required implementation within its work plan.

CEQA (California Environmental Quality Act):

Categorical Exemption
Actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment are categorically exempt.

RESOLUTION NO: XX-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL AUTHORIZING THE ENFORCEMENT
OF ASSEMBLY BILL NO. 1276 PROHIBITING FOOD

FACILITIES FROM PROVIDING ANY SINGLE-USE

FOODWARE ACCESSORY OR STANDARD CONDIMENT

UNDER CERTAIN CONDITIONS
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 California State Legislature recognizes that littered plastic products have caused and continue to cause significant environmental harm and has enacted AB1276, which prohibits food facilities from providing any single-use food ware accessory or standard condiment to a consumer unless requested by the consumer; and
WHEREAS, the State of California requires Cities to on or before June 1, 2022, authorize an enforcement agency to enforce the provisions of AB1276 (California Public Resources Code Section 42270 - 42273).; 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:

1. Authorizes the Public Services Director and/or his/her designees to serve as\the enforcement agency for the City of Morgan Hill as required by State Law; Section 3. This resolution shall take effect immediately upon adoption.

City of Morgan Hill
Resolution No. xx-xxx

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the May 18, 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.xx-xxx, adopted by the City Council at a regular meeting held on May 18, 2022.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW , City Clerk

5 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
ADOPT ORDINANCE 2334, NEW SERIES, AUTHORIZING AN

AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORGAN

HILL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2334, 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: 5 Minutes

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

On April 20, 2022, the City Council introduced Ordinance 2334 New Series, by the following roll call vote: Ayes: Borgioli, Constantine, Martinez Beltran, McKay, Spring; Noes: None; Abstain: None; Absent: None.

On November 17, 2021, the City Council adopted a resolution adjusting the salary schedule for Management, Professional, and Confidential Employees (Resolution No. 21-050). The resolution also includes the employees sharing of employer's CalPERS rate of 6.12% beginning with the pay period including July 1, 2022. Subsequently, on March 2, 2022, the City Council adopted Resolution No. 22-049, adding Section 20516 Cost Share to the Resolution No. 21-050 as one of the steps in the procedures required to amend the City's CalPERS contract in order to ensure that employees receive credit for their increased contributions.

The first step in the process was for the City Council to adopt a Resolution of Intention and conduct a first reading of the ordinance amending the California Public Employees

5 Retirement System (CalPERS) contract. The final ordinance is returning to City Council for approval of the second reading and adoption. This date cannot be earlier than twenty (20) days after adoption of the Resolution of Intention and the effective date of the ordinance will be 30 days following the date of adoption. The effective date of the CalPERS amendment to the contract will be the pay period beginning June 26, 2022.

COMMUNITY ENGAGEMENT:

Public notice was published in the local newspaper on April 8, 2022, informing the community of the proposed amendment of the CalPERS contract.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On April 20, 2022, the City Council adopted the resolution of intention and introduction of ordinance to amend the CalPERS contract.

On November 17, 2021, the City Council approved the current Management, Professional, and Confidential Employees Resolution and corresponding salary schedules.

FISCAL AND RESOURCE IMPACT:

The additional employee contribution of the CalPERS employer contribution will be incorporated in the City budget.

CEQA (California Environmental Quality Act):

Not a Project

ORDINANCE NO. 2334, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL

AUTHORIZING AN AMENDMENT TO THE CONTRACT

BETWEEN THE CITY OF MORGAN HILL AND THE BOARD

OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM

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

SECTION 1: That an amendment to the contract between the City of Morgan Hill and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.

SECTION 2: The City Manager or his designee is authorized, empowered, and directed to execute said amendment for and on behalf of the City of Morgan Hill.

SECTION 3: This ordinance shall take effect thirty (30) days after the date of its passage and adoption. The City Clerk is hereby directed to publish in full or summary this ordinance pursuant to §36933 of the Government Code in a newspaper of general circulation in the City of Morgan Hill.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON THE 20th DAY OF APRIL 2022, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 18th DAY OF MAY 2022, AND SAID ORDINANCE WAS DULY PASSED AND
ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:

PASSED AND ADOPTED by the City Council of Morgan Hill at the regular meeting held on the 18th day of May 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

City of Morgan Hill
Ordinance No. 2334, 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. 2334, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 18th day of May 2022.

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

DATE: _______________________ _________________________________ MICHELLE BIGELOW, City Clerk

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A RESOLUTION NO. 21- 050

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL ADJUSTING THE SALARY

SCHEDULE FOR MANAGEMENT, PROFESSIONAL, AND

CONFIDENTIAL EMPLOYEES ( THIS RESOLUTION
RESCINDS RESOLUTION NO. 21- 025)
WHEREAS, the City Manager has presented to the City Council ofthe City ofMorgan Hill a recommended set of salary ranges and benefits for the Management, Professional, and Confidential employees; and
WHEREAS, the City Council of the City of Morgan Hill has reviewed said recommendations;
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City ofMorgan Hill as follows:

SECTION 1- SALARY RANGES
A. Effective December 26, 2021, base salaries for Groups 1- A, 1- B, 1- C, and 1- D, increase by 4%.

See Salary Schedule attached as Exhibit A.

B. Effective the pay period including January 1, 2023, base salaries for Groups 1- A, 1- B, 1- C, and 1- D, increase by 2%, or 2. 5% if San Francisco Bay Area CPI for Urban Wage Earners and Clerical Workers for the twelve month period ending June 30 is higher than 2%. See Salary Schedule attached as Exhibit B and Exhibit C.

C. Groups 1- A, 1- B, 1- C, and 1- D base salary ranges include the employee PERS contribution which is deducted from payroll ( See SECTION 3, E -H.)
SECTION 2 - ESTABLISHMENT OF COMPENSATION AND JOB DESCRIPTIONS FOR GROUPS 1- A, 1 -B, 1 -C, and 1- D
A. The City Manager will establish the monthly compensation for the classifications in Group 1- A.

In order to attract high quality executive managers, foster job security within a professional climate, and provide the flexibility to remain competitive within the area job market, the City Manager has authority to enter into individual employment agreements with each executive manager; provided that the terms of the employment agreement do not exceed the total compensation permitted by this Resolution.

Employees listed in Group 1- A may receive a severance allowance as provided for in an individual employment agreement when they are separated in good standing from employment; provided that such separation is not for cause, or for reasons listed in Government Code 19572, or for any employee who voluntarily resigns from City service forpersonal reasons.

1. The City Manager shall establish an allowance amount, not to exceed six months' salary, which is determined to be in the best interest of the city for the following executive

DocuSign Envelope ID: 2A7859EE- 5CA3-482C-BC5E-4EFOA16D317A City ofMorgan Hill
Resolution No. 21- 050

classifications of the Group 1- A:

Assistant City Manager for Administrative Services*
Assistant City Manager for Development Services
Chief of Police
Public Services Director
Currently Unfunded Position

2. The City Manager shall establish an allowance amount, not to exceed three months' salary, which is determined to be in the best interest ofthe City for the remaining classifications of the Group 1- A.

3. This severance allowance is in addition to any unused vacation or administrative leave pay unused atthe time of separation.

B. Each Department Director will recommend to the City Manager the proposed monthly salary to be paid to each of the employees whose classification appears in Group 1- B, 1- C, and 1- D.

Upon approval of the City Manager, the monthly salary will be set within the prescribed range for each classification. The City Manager has the authority to increase the monthly compensation for employees in Group 1- B, 1- C, and 1- D, by a maximum of 10% within the prescribed range each fiscal year based on each individual employee' s performance.

C. The City will contribute 2% of an employee' s base salary to a City -sponsored IRS 457 deferred compensation program of the employee' s choice ( ICMA or Empower).

D. When it is proposed by the Personnel Officer that a new classification be created or an existing classification be changed, the City Manager shall submit justification for approval of that action to the City Council and if that action is approved, the City Manager will have the authority to approve new and revised job descriptions.

SECTION 3 - CONTRIBUTIONS TO THE Ca1PERS RETIREMENT SYSTEM GROUPS 1 -A, 1 -B, 1 -C, and 1- D
A. For " Classic Members" as defined by the Public Employees' Pension Reform Act of 2013 PEPRA) and in the CalPERS retirement system:

1. Non -Safety (miscellaneous) employees listed in Groups 1 - A, 1 - B, 1- C, and 1- D will receive CalPERS retirement benefits under the 2.5% at age 55 plan.

2. Safety ( sworn) employees listed in Groups 1- A and 1- B, will receive CalPERS retirement benefits under the 3% at age 50 plan.

B. For "New Members" as defined by PEPRA and in the CalPERS retirement system:

1. Non -Safety (miscellaneous) employees listed in Groups 1- A, 1B, 1- C, and 1- D will receive

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

CalPERS retirement benefits under the 2. 0% at 62 plan.

2. Safety ( sworn) employees listed in Groups 1- A and 1- B will receive CalPERS retirement benefits under the 2. 7% at age 57 plan.

C. CalPERS defines a " New Member" as:

1. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any other California public retirement system.

2. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system.

3. A member who established CalPERS membership prior to January 1, 2013, and who is hired by a different CalPERS employer after January 1, 2013, after a break in service of greater than six months.

4. CalPERS refers to all members that do not fit the definition of a " new member" as a " classic member."
D. Non -Safety ( miscellaneous) employees: Beginning with CalPERS rates effective July 1, 2013, the City and Non -Safety ( miscellaneous) Management, Professional, and Confidential employees agreed to split future employer rate increases at a 50150 ratio. This methodology will be used in subsequent years should CalPERS increase the Miscellaneous contribution rates.

E. The Miscellaneous " Classic Members" shall contribute, in addition to the " Classic Members" rate of

8. 0%, an additional 5. 165% towards the " Classic Members" CalPERS contribution rate for FY 2021-

22. The total " Classic Members" employee contribution obligation shall be 13. 165%.

F. The Miscellaneous ' New Members" shall contribute, in addition to the " New Members" rate of

7. 0%, an additional 5. 165% towards the " New Members" CalPERS contribution rate for FY 2020-

21. The total "New Members" employee contribution obligation shall be 12. 165%.

G. Effective July 1, 2022 miscellaneous employees will share the employer' s CalPERS contribution rate at 6. 12%. The employee' s contribution towards employer' s share of pension cost will be capped at 6. 12%. The City and employees agree to split any rate decreases below the FY 2022- 23 employer' s CalPERS contribution rate of 28. 77% at a 50150 ratio.

H. Safety ( sworn) PEPRA employees: Beginning with CalPERS rates effective July 1, 2013, at which time the City' s employer contribution PEPRA rate was 11. 5%, the City and Association agreed that, beginning with CalPERS PEPRA rates effective July 1, 2013, safety ( sworn) PEPRA employees would not pay less than 11. 50% and would split future increases to the City' s employer PEPRA contribution rates, including both the normal cost and any unfunded actuarial liability at a 50150 ratio. For example, the City' s employer CalPERS safety PEPRA obligation was 12. 114% in FY 16- 17 with the PEPRA employees' obligation was at 11. 50%.

Therefore, City paid half of the 0. 614% increase over the base year City' s employer PEPRA

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

cost of 11. 50% ( equal to 0. 307%) and safety PEPRA employees paid the other half (also equal to 0. 307%). This methodology has been used in each year subsequent to FY 2016- 17 and will be used in future years should CalPERS increase the City' s employer Safety PEPRA contribution rates. The Safety PEPRA employees Ca1PERS contributions rate for 2021- 22 shall be 14.709% ( 13. 00% employee + 1. 709% of the employer share).

I. Safety ( sworn) Classic employees: Beginning December 30, 2018, the City and Safety ( sworn) Management, Professional, and Confidential employees agreed, in addition to employee Ca1PERS rate of 9. 0%, a 6. 12% towards the employer' s share of pension costs ( i.e. the total safety ( Sworn) employee contribution for FY 2019- 20 shall be 15. 12% ( 9. 00% employee +

6. 12% of the employer share). The total employee contribution shall remain at 15. 12% for the Safety ( sworn) classic employees during the term of the Morgan Hill Police Officers' Association Memorandum of Understanding ( MOU), which is December 30, 2018 — December 31, 2021.

SECTION 4 - HEALTH CARE CONTRIBUTIONS AND IRS 125 PLAN, GROUPS 1- A, 1- B, 1- C, and 1- D
A. The City will contribute to the City' s medical and dental plans as follows:

1. For employees with family coverage, up to $ 2, 178/ month in 2022 and up to 2, 309/ month in 2023.

2. For employees with employee plus one coverage, up to $ 1, 662/ month in 2022 and up to 1, 762/ month in 2023.

3. For employees with employee only coverage, up to $ 831/ month in 2022 and up to 881/ month in 2023.

4. Employees enrolling in City health but not using the maximum amount available from the City for their premium category ( employee only, employee + 1, employee + family) shall not be entitled to the surplus. Employees enrolling in plans whose cost exceeds the maximum amount available from the City for their premium category shall have the difference deducted on a pre- tax basis from their paycheck.

5. Employees who waive medical coverage and annually provide proof of alternate medical coverage shall be entitled to a taxable health in lieu payment of six hundred ten dollars ($ 610) per month.

6. If an employee waives medical and elects dental coverage, the employee will receive the taxable health in lieu payment of six hundred ten dollars ($ 610) per month but will pay the appropriate dental premium.

B. The City will continue to provide coverage under the Concern Employee Assistance Program.

C. The City will continue to offer an IRS Section 125 program.

SECTION 5 - GENERAL BENEFIT PROVISIONS, GROUPS 1- A, 1- B, 1- C, AND 1- D The City will comply with the requirements of the City Personnel Rules and Regulations and the Fair Labor Standards Act governing the use of taking and reporting time off work for management employees.

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

A. Holidays

1. The City will grant the following paid holidays to employees:

New Year' s Day
Martin Luther King, Jr. Day
President' s Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
One-half ( 1 / 2) day holiday to be used during the furlough period or on the last workday before the holiday.

Two floating holidays which must be used during the fiscal year.

2. Holidays are paid at a rate of eight hours of time off; employees on alternate work schedules must use additional leave balances to receive full pay on a holiday.

3. With the approval of the employee' s supervisor, employees may " float" holidays to another day within the same fiscal year provided they work on the holiday.

B. Sick Leave Accrual

1. Sick Leave credit for employees will be accumulated on the basis of eight hours of sick leave per month ( 96 hours per year).

2. The City will, at the end of each calendar year, pay each employee twenty- five percent of the unused sick leave earned that year unless the employee requests not to receive such a payment.

3. The balance of the unused sick leave will then be accumulated on an unlimited basis.

4. Upon retirement, 100% of the employee' s unused sick leave balance will be credited to the employee' s retirement eligibility. This amount would then be converted into time in service and added to the employee' s retirement eligibility. (Reference - City contract with Ca1PERS, Section 20862. 8)

5. Each employee may take 16 hours of personal leave time during the fiscal year which is charged against the current year' s sick leave accrual.

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

6. The City Manager may negotiate establishing a leave " bank" with new employees at time of hire.

C. Vacation Leave Accrual

1. Each employee will be credited vacation on the basis of 120 hours per year for the first five years of City service. After five years of service, vacation will be credited on the basis of 160 hours per year.

2. The maximum accumulation of vacation will be no more than that earned for two years.

3. Additional vacation accrual will not be provided until the employee' s vacation balance drops below the maximum accrual limit as of June 30 in any given year.

4. The City Manager may negotiate vacation accrual rates and/ or establish a leave " bank" with new employees at time of hire.

D. Administrative Leave, Groups 1 -A, 1 -B, and 1- C

1. Employees listed in Groups 1- A, 1- B, and 1- C receive and may use up to 72 hours of administrative leave with pay per fiscal year.

2. Administrative leave time for employees in Groups 1- A, 1- B, and 1- C will be available for one additional year if not used in the fiscal year that it was initially available. If, however, the administrative leave time that was carried over to the following fiscal year is not used during the second year, it will be lost at the end of the second fiscal year. In effect, the maximum amount of administrative leave time that may be available to an employee at any given time is 144 hours.

3. Effective July 1, 2016, new employees who are hired during any month other than July, will initially receive prorated administrative leave hours of six ( 6) hours per month depending on date of hire and the hours will be banked at time of hire ( i.e. employees hired in the month of August would receive 66 hours of administrative leave because they will be working a total of eleven ( 11) months in the fiscal year). All regular, full- time employees will receive 72 hours of administrative leave each fiscal year following their hire date. Part-time employees have prorated benefits and their total administrative leave hours will be prorated based on their position allocation.

E. Leave Cash Out
Employees listed in Groups 1- A, 1- B, 1- C and 1- D may cash out up to 120 hours of accrued vacation, administrative leave, or a combination of the two, per calendar year.

Employees must make an irrevocable election by December 1 of each year for the following calendar year stating their intent to cash out and the eligible number of hours.

If employees do not request payment of the elected cash amount by November 1 of each year, Payroll will automatically cash out the amount designated by the employee on or after the pay period including November
1St

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

F. Bereavement Leave
Management, Professional, and Confidential employees shall, per occurrence, be granted Bereavement Leave when a death occurs in the employee' s or spouse' s immediate family. For the purpose of this section, " immediate family" is defined as father, mother, brother, sister, spouse, natural or legally adopted child, step -child, in-laws, grandparents, and grandchildren.

Up to three ( 3) days of bereavement leave shall be granted when the death and service are within the State of California and up to five (5) days when the death or service is outside the State. Bereavement Leave usage shall not be charged against the employee' s Sick Leave or Vacation Time. Employees may also use up to two ( 2) additional days of Sick Leave to supplement their allotted Bereavement Leave if other circumstances require absence during this time, subject to the approval of the employee' s supervisor and deducted from the employee' s other leave banks.

Special circumstances beyond this definition may be considered on a case- by- case basis and must be approved by the City Manager. This leave will not affect the twenty- five percent cash out of sick leave for the same calendar year.

G. Professional Development
It shall be the philosophy of the City to encourage employees to attend classes, seminars, conferences, etc. which will enable the employee to develop professionally. Such attendance must be approved by the Department Director or the City Manager. The City may request employees who complete such a course to report or train other employees in the skills they have attained.

1. Tuition Reimbursement Program
Employees are eligible to receive tuition reimbursement of up to $3, 000 per fiscal year for the cost of books and tuition for classes or courses beneficial to the employee' s career development. All classes must be approved in advance by the Department Director or City Manager. Reimbursement will take place upon a successful completion or passing of the course.

2. Membership Dues
For employees listed in Groups 1- A and 1- B, the City shall provide a personal membership dues reimbursement of up to $ 1, 200 per fiscal year for costs associated with joining and participating in Morgan Hill community service organizations such as Rotary or Kiwanis. Reimbursement of membership dues for community service organizations requires the prior approval by the Department Director or the City Manager.

H. Life and Disability Insurance
The City shall pay the premiums for short- term disability, long- term disability, and life insurance plans.

1. Life insurance levels shall be as follows for the employees listed in Section 1:

DocuSign Envelope ID: 2A7859EE- 5CA3-482C- BC5E-4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

Group 1- A
250, 000
Group 1- B
150, 000
Group 1- C
100, 000
Group 1- D 100, 000
This amount decreases when the employee reaches age 65, 70, and 75. The Life Insurance benefit will be paid to the employee' s beneficiary upon the death of the employee as outlined in the program documents.

2. Short-term disability coverage for employees shall beat the maximum rate of $1, 384 per week based on 662/ 3% of the actual weekly salary after an eight-day elimination period.

3. Long-term disability coverage for employees shall be at the maximum rate of $6, 000 per month based on 662/ 3% of the actual monthly salary after a 60 -day elimination period.

I. Retirement Medical Plan
Upon retirement, employees may continue enrollment in the medical insurance plans provided by Ca1PERS without an interruption of coverage. Such enrollment will be contingent upon the employee meeting the requirements ofthe medical plans provided by Ca1PERS and paying the monthly premium to Ca1PERS at the employee' s
expense. It will be the employee' s
responsibility to make sure the insurance premium is paid to Ca1PERS before the due date.

Failure to do so will result in the employee being terminated from their medical coverage.

J. Special Assignment Pay
Special Assignment Pay may be granted to employees who have assumed, for an extended period, significant additional responsibilities outside their current classification. The request for special assignment shall describe the assignment, justify why it is to be performed by the designated employee, and give a specific duration for completion of the assignment with a start and end date. Special assignment pay is up to 10% above the employee' s normal pay rate. The special assignment and related compensation may be revoked at any time at the discretion of the Department Director, or the City Manager or designee. Special Assignment Pay will be requested in advance by the Department Director and authorized by the City Manager or designee, and then processed by the Human Resources Division. Special Assignment Pay shall be discontinued on the date originally identified for completion of the assignment, unless an extension of specific duration is approved by the City Manager or designee prior to the end of the original assignment end date. This pay will not be considered additional compensation as defined by the California Public Employees' Retirement Systems CalPERS).

K. Employee Uniform Allowance
Safety employees in Groups 1- A and 1- B will be eligible for the following uniform allowance:

Chief ofPolice and Police Captain: $ 1400
Police Support Services Manager: $ 810
L. Work Schedule
The City Manager will establish the standard work schedule for employees. Based on the needs of the City, the City Manager may at his/her discretion, change the work schedules of

DocuSign Envelope ID: 2A7859EE- 5CA3-482C- BC5E-4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

employees at any time.

M. Auto Allowance
The City Manager may establish a monthly allowance for selected employees listed in Groups 1- A and I -B who use their personal vehicles on City business. Based on the needs ofthe City, the City Manager may, at his/ her discretion, change the auto allowance of employees at any time. The current monthly allowance range is $ 225 - $ 325.

N. Cell Phone Allowance
The City Manager may establish a monthly allowance for selected employees who use their personal cell phones on City business. Based on the needs of the City, the City Manager may, at his/her discretion, change the cell phone allowance of employees at any time. The current monthly allowance is established in Administrative Policy 1110 19.

O. Bilingual Pay
Employees identified by the City Manager/ Department Head to use another language in their work and who are certified by the process described below shall receive the following compensation:
a. Employees shall receive a monthly stipend of $150
b. The Certification process shall be completed by a provided contractor by Human Resources or a 3 person panel ( established by Human Resources) to determine conversational competence. Employees shall be subject to recertification every 2 years unless waived by City.
c. An eligible employee may request to be tested for bilingual certification at any time and the test shall occur within a reasonable amount of time.

SECTION 6 - EFFECTIVE DATE
This resolution shall be effective December 26, 2021. Compensation shall be made available to only those employees covered by this section who are still employed as a Management, Professional, or Confidential employee with the City as of the effective date of this agreement.

As of the effective date of this Resolution, Resolution No. 21- 025 shall be superseded and rescinded.

DocuSign Envelope ID: 2A7859EE- 5CA3-482C-BC5E-4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this
17th day of November 2021 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

DocuSigned by:

Kc ( hwiakfilox
RICH CONSTANTINE, Mayor
Borgioli, Constantine, Martinez Beltran,
McKay, Spring
None
None
None
ATTEST:

DocuSigned by:
eow
MICHELLE BIGELOW, City Clerk
w 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- 050 adopted by the City Council at the meeting held on the
17th day of November 2021.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL. 11/ 18/ 2021
DATE: L
i c nt c L7 c ow
C©FC87EABA7C4C8...

MICHELLE BIGELOW, City Clerk

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

EXHIBIT A

CITY OF MORGAN HILL

MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEE GROUP

SALARY SCHEDULE
Effective- December 96 9021 ' Currently I lnfljnriPrl Pnsitinnc Job Classification
Bottom of Top of Range
Range Monthly
Group 1- A: Executive Management
Assistant City h4anager for Administrative Services 15, 495 20, 361 Assistant City Manager for Development Services 15; 495 20,361 Chief of Police 15, 495 20, 361
Public Services Director 15,495 20361
Community Services Director 14, 16U 197436
Development Services Director 14, 760 19, 436
Economic Development Director 14, 760 19, 436
Engineering and Utilities Director " 14; 760 19,436
Finance Director 14, 760 19,436
Housing Director S14, 760 19,436
Communications and Engagement Director
Human Resources Director 12, 736 16,736
Information Technology Director 12, 736 16, 736
Group 1- B: Middle Management
Police Captain 12, 989 1T066
Building Official 12, 736 16,736
Deputy Director for Engineering 12, 736 16, 736
Deputy Director for Utilities Services 12, 736 16, 736
Housing tfanager" 12, 736 16, 736
Planning Manager " 12, 736 16,736
Program Administrator S12,736 16,736
Assistant ) omey 11, 934 15, 6bb
Assistant to the City Manager ` 11, 934 15,655
City Clerk 11, 934 1125L5
Lis _ ` o, J, l.,:. r„-.<,,., 11, 259 14, 769
Environmental Services Administrator 11, 259 14,769
Principal Planner 11, 259 14, 769
Senior Civil Engineer 11, 259 14, 769
Senior Project Manager 11, 259 14, 769
Budget anagen
Building Al'anager ` 10, 411 13, 693
Communications and Engagement Adanager " 10, 411 13, 693 Community Services 114anager " 10, 411 13; 693
Environmental Services Manager 10, 411 13,693
Information Services, Manager * 10,411 13; 693
Maintenance Manager 10, 411 13,693
Police Support Services Manager S10, 411 13, 693
Recreation Manager 10, 411 13, 693
Supervising Civil Engineer 10,411 13, 693
Utility Systems Manager 10, 411 13, 693
Accounting Manager 9, 691 12, 739
Financial and Policy Analyst * 9, 691 12, 739
Police Administrative Manager 9,691 12,739
Public Services Administrative Manager 9,691 12,739
Senior Planner 9, 691 12. 739
Community services upervisor 8, 780 11, 203
Council . Sarvic,? s and Records Manager * 8, 780 11, 203 Deputy City Attorney A 8,780 11, 203
Economic Development Coordinator 8,780 11, 203
Emergency Services Coordinator 8, 780 11, 203
GIS I Land Use Data Administrator 8, 780 11, 203
Maintenance Services Coordinator 8,780 11, 203
Older Adult Services Supervisor 8, 780 11, 203
Programmer Analyst 8,780 11, 203
Senior Human Resources Analyst 780 11203
Risk Management Analyst . 50 FTE 185 5, 491
Grow 1- G: Confidential Exempt
Administrative Analyst 8,369 10,982
Le al Specialist 7, 530 k7
Group 1- 1): Confidential Non -Exempt
Accounting Technician 6,676 8; 761
Human Resources Technician 6,676 8, 761
Human Hesources Assistant ' 5v228 6, 839
Monthly figures are rounded to the nearest $ 1. 00

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

EXHIBIT B

CITY OF MORGAN HILL

MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEE GROUP

SALARY SCHEDULE
CH below 2% Increase is 218
Job Classification
Bottom of Top of Range
Ran Monthly
Group I -A: Executive Management
Assistant City Manager for Administrative Services 15, 805 20, 768 Assistant City Manager for Development Services 15, 805 20, 768 Chief of Police 15, 805 20, 768
Public Services Director 15. 8 20_768
Community Services Director 15, 055 19, 825
Development Services Director 15, 055 19, 825,
Economic Development Director 15,055 19, 825
Engineering and Utilities Director 15,055d 19, 825
Finance Director 16, 055 19, 825
Housina Director d!, i r ncr, 19,825
Communications anEngagemenDirector d T- 12, 991 17, 071 Human Resources Director 12,991 17,071
information Technology Director 12, 991 V 17, 071
droulp 1- B: Middle Management
Police Ca fain 13, 249 17A08
Building Official 12, 991 17, 071
Deputy Director for Engineering 12, 991 17, 071
Deputy Director for Utilities Services 12, 991 17, 071
Housing Manager* 12, 991 17, 071
Planning Manager 12, 991 17, 071
Program Administrator 12. 991 17. 071
Assistant City Attorney 12,113 15, 968
Assistant to the City Manager 12, 173 15, 968
City Clerk 12,173 15, 968
E-cc, mnvvc L) eveiiXmiePt 11, 48b w5,06b
Environmental Services Administrator 11, 485 15, 065
Principal Planner 11, 485 15, 065
Senior Civil Engineer 11, 485 15, 065
Senior Project Manager 11, 485 15. 065
Bu get Manager 10, 620 13t967
Building Manager 10, 620 13, 967
Communications and Engagement Manager 10,620 13, 967
Community Services Manager * 10, 620 13,967
Environmental Services Manager I0,620 13, 967
information Services Manager 10, 620 13,967
Maintenance Manager 10, 620 13, 967
Police Support Services Manager 10, 620 13, 967
Recreation Manager 10, 620 13, 967
Supervising Civil Engineer 10, 620 13, 967
Util'itv Systems Manager 10, 620 13- 967
Accounting Manager * 9, 885 12, 993
Financial and Policy Analyst 9, 885 12, 993
Police Administrative Manager 9, 885 12, 993
Public Services Administrative Manager 9, 885 12, 993
Senior Planner 9, 885 12, 993
Community Services Supervisor 8, 956 11, 427
Council Services and Records Manager 8, 956 11, 427
Deputy City Attorney" 8, 956 11, 427
Economic Development Coordinator 9,956 11, 427
Emergency Services Coordinator 8, 956 11, 427
GIS I Land Use Data Administrator 8, 956 11, 427
Maintenance Services Coordinator 8, 956 11, 427
Older Adult Services Supervisor 8, 956 11, 427
Programmer Analyst 8, 956 11, 427
Senior Human Resources Analyst 8, 956 11. 427
Risk Management Analyst (. 60 FTE) 11 $ 5,601
Group I -C: Confidential Exempt
1-$ 10, 105
Administrative Analyst 8,636 11, 201
Legal Specialist 7, 680
Group I -D: Confidential Non - Exempt
Accounting Technician 6,810 8, 936
Human Resources Technician 6, 810 8, 936
Human Resources Assistant 0 5 333 6. 976
Immully lryulco rarer w"- - - --, -
r.....

DocuSign Envelope ID: 2A7859EE- 5CA3- 482C- BC5E- 4EFOA16D317A City of Morgan Hill
Resolution No. 21- 050

EXHIBIT C

CITY OF MORGAN HILL

MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEE GROUP

SALARY SCHEDULE
CPI more than 2% Increase is _. M
ne. wi., e- neo.. s- 1t" 1) 9' 3 Currently Unfunded Positions monrmy rrgures are rounaeu cu we imm uai a r. vu
Bottom of Top of Range
Job Classification
Ran a Monthly
Group 1- A: Executive Management
Assistant City Manager for Administrative Services " 15, 882 20, 870 Assistant City Manager for Development Services 15, 882 20, 870 Chief of Police 15, 882 20, 870
Public Services Director 15, 882 20. 870
Community Services Director '" 15, 129 19, 922
Development Services Director 15, 129 19, 922
Economic Development Director 15, 129 19, 922
Engineering and Utilities Director ' 15, 129 19, 922
Finance Director 15, 129 19, 922
Housina Director 15, 129 19, 922
Communications and Engagement Director 13, 055 17, 155
Human Resources Director 13, 055 17, 155
Information Technology Director 13, 055 17. 155
Grotir1- B: diddle Management
Police Captain 91& 313 17.493
Building Official 13, 055 17, 155
Deputy Director for Engineering 13, 055 17, 155
Deputy Director for Utilities Services 13, 055 17,155
Housing Manager' 13, 055 17, 155
Planning Manager 13, 055 17, 155
Program Administrator 13. 055 17, 155
Assistant City Attorney 12, 232 16, 046
Assistant to the City Manager ' 12, 232 16, 046
City Clerk 12, 233 16, 046
c or.,asz c. Developr: tent 11, 541 s15, 138
Environmental Services Administrator 11, 541 15, 138
Principal Planner 11, 541 15, 136
Senior Civil Engineer 11, 541 15, 138
Senior Project Manager 11, 541 15. 138
Budget Manager 10, 672 14, 036
Building Manager 10, 672 14, 036
Communications and Engagement Manager 10, 672 14, 036
Community Services Manager- ` 10, 672 14, 036
Environmental Services Manager 10, 672 14, 036
Information Services Manager 10, 672 14, 036
Maintenance Manager 10, 672 14, 036
Police Support Services Manager 10, 672 14,036
Recreation Manager 10, 672 14, 036
Supervising Civil Engineer 10, 672 14, 036
Utility Systems Manager 10, 672 14.036
Accounting Manager ' 9,934 13, 057
Financial and Policy Analyst 9, 934 13, 057
Police Administrative Manager 9, 934 13, 057
Public Services Administrative Manager 9, 934 13, 057
Senior Planner 9 934 13 057
Community Services Supervisor 8, 999 11, 483
Council Services and Records Manager " 8,999 11, 483
Deputy City Attorney " 8, 999 11, 483
Economic Development Coordinator 8, 999 11, 483
Emergency Services Coordinator 8, 999 11, 483
GIS f Land Use Data Administrator 8,999 11, 483
Maintenance Services Coordinator 8, 999 11, 483
Older Adult Services Supervisor 8, 999 11, 483
Programmer Analyst 8, 999 11, 483
Senior Human Resources Analyst 8.999 11. 483
Risk Management Analyst . 50 FTE 4,290 5, 629
Group 1- C: Confidential Exempt
Administrative Analyst 8, 578 11, 256
Legal Secialist 7718 10155
Group 1- 13: Confidential Non -Exempt
Accounting Technician 6, 843 8, 980
Human Resources Technician 6, 843 8, 980
Human Resources Assistant ' 5. 359 7. 010
monrmy rrgures are rounaeu cu we imm uai a r. vu

6 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Dwight Good, Assistant Chief
APPROVED BY: City Manager

ADOPT RESOLUTION GRANTING DELEGATION OF AUTHORITY TO

FIRE CHIEF

RECOMMENDATION(S)
Adopt resolution granting delegation of authority to Fire Chief George Huang to sign and submit State Surplus Property Program Eligibility Application.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Preserving and Cultivating Public Trust
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Fire Services Standards of Coverage
Public Safety Master Plan
REPORT NARRATIVE:

The purpose of this action is to authorize the Fire Chief to complete and submit a State Surplus Property Program Eligibility Application for the purposes of obtaining certification from the California Department of General Service, Office of Fleet Management to accept surplus state property as a “Public Agencies Donee.” Once certified, the City can acquire surplus property through the auspices of the California State Agency for Surplus property.

COMMUNITY ENGAGEMENT:

Inform
This staff report will serve to inform the community of the Fire Department's intention to become eligible to receive surplus state property.

6 ALTERNATIVE ACTIONS:

Council may elect not to grant the Delegation of Authority. However, the Fire Department will be unable to accept surplus state property without this Delegation of Authority.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

None.

FISCAL AND RESOURCE IMPACT:

There are no fiscal impacts associated with this action.

CEQA (California Environmental Quality Act):

Not a Project
The creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL DELEGATING AUTHORITY TO THE

FIRE CHIEF TO ACQUIRE SURPLUS PROPERTY

THROUGH THE AUSPICES OF THE CALIFORNIA

STATE AGENCY FOR SURPLUS PROPERTY AND

ACCEPT RESPONSIBILITY FOR PAYMENT OF

INCIDENTAL FEES BY THE SURPLUS PROPERTY
AGENCY.

WHEREAS, the City of Morgan Hill Fire Department (Agency) desires certification from the California Department of General Service, Office of Fleet Management to accept surplus state property as a “Public Agencies Donee,” and; WHEREAS, the California Department of General Service, Office of Fleet Management requires a Resolution by the Governing Body authorizing the Fire Chief to sign and submit various application documents for certification as a “Public Agencies Donee;” NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morgan Hill does hereby delegate to the Fire Chief authority to sign and submit various application documents to the California Department of General Service, Office of Fleet Management on behalf of the Agency, for the purposes of obtaining certification as a “Public Agencies Donee;” and
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 18th day of May 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. 22-0XX

 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 May 18, 2022.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

OFFICE OF FLEET AND ASSET MANAGEMENT
1700 National Drive, Sacramento, CA 95834 | Phone: (916) 928-2550 | Fax: (916) 928-7965

STATE OF CALIFORNIA

RESOLUTION
DGS OFAM 202 (Revised 08/2019)

DEPARTMENT OF GENERAL SERVICES

OFFICE OF FLEET AND ASSET MANAGEMENT
Organization Name Email Phone Number Fax Number
Address City State Zip Code

RESOLUTION
“BE IT RESOLVED by the Governing Board, and hereby ordered that the official(s) and or employee(s) whose name(s), title(s), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire surplus property through the auspices of the California State Agency for Surplus property and accept responsibility for payment of incidental fees by the surplus property agency under the Terms and Conditions accompanying this form or listed on the reserve side of this form.”
Name Title Signature* Email
_________________ _________________ _________________ ____________________ _________________ _________________ _________________ ____________________ _________________ _________________ _________________ ____________________ _________________ _________________ _________________ ____________________ _________________ _________________ _________________ ____________________ *All signatures must be in original form. No copied or stamped signatures.

Date Resolution was PASSED and ADOPTED
Number of AYES Number of NOES Number of ABSENT
By checking this box, I do hereby certify that the foregoing is a full, true, and correct resolution adopted by the Governing Board of the above named organization at the meeting thereof held at its regular place of meeting on the date and by the vote above stated, a copy of said resolution is on file in the principal office of the Governing Board.

OFFICE OF FLEET AND ASSET MANAGEMENT
1700 National Drive, Sacramento, CA 95834 | Phone: (916) 928-2550 | Fax: (916) 928-7965 Governing Board Name Signed By
Signature Date

STATE AGENCIES ONLY
Date Authorized State Billing Code
Chief Administrative Officer Name Title Signature

From: D. Muirhead <[email protected]>
Sent: Monday, May 16, 2022 9:06 AM
To: CC Public Comment <[email protected]> Subject: [EXTERNAL] comment City Council May 18 #6 Delegation to Fire Chief Greeting Morgan Hill City Council, City Staff, and Residents, Comment for the Morgan Hill City Council meeting on May 18, 2022 #6 Delegation of authority to Fire Chief George Huang
The "Community Engagement: Inform" missed the opportunity to provide useful information, which would be to describe the kinds of property which might be received rather than the accurate but useless process comment of the intention to become eligible to receive surplus state property.

Similar to Federal Surplus processes, State Surplus property may include tools, equipment, land, vehicles, computers, furniture, etc. This Resolution will give the Department an ability to pursue the acquisition of State Surplus property as it becomes available.

Thank you for your consideration, Doug Muirhead, Morgan Hill WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

7 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Mario Ramirez, Police Captain
APPROVED BY: City Manager

AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH AXON IN THE AMOUNT OF $778,400 FOR THE POLICE

COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT

SYSTEM UPGRADE

RECOMMENDATION(S)
Authorize the City Manager to execute and amend, when necessary, a 10-year agreement with Axon for a Computer Aided Dispatch and Records Management System subject to approval as to form by the City Attorney.

Estimated Time:

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

Background
In the early 1990s, the Morgan Hill Police Department entered into an informal agreement with Executive Information Systems (EIS) as a beta site for Computer Aided Dispatch/Report Management System (CAD/RMS). EIS is the CAD/RMS provider for one other city on the west coast and predominately serves the east coast. While the Police Department has had the same CAD/RMS vendor for 30 years, the company is small, provides limited customer support, and is unable to keep pace with rapidly changing technologies as well as mandated state reporting requirements via e-portals for law enforcement. EIS does not have an ecosystem of technologies that are compatible, resulting in many one-time fees of $5,000 or more for each integration into

7 their system, such as:
 evidence
 servers
 internal affairs investigation software
 training software
Current Challenges
The Police Department's current CAD/RMS, EIS, is no longer meeting the functional needs of the Department. Two years ago, EIS was acquired by Hanover. Since then, their customer service has deteriorated, leaving technical failures unresolved for months, which negatively and disproportionately impacts our Information Technology team. Furthermore, the Police Department was recently notified by EIS that they would no longer be supporting their CAD software, requiring us to switch to new CAD software through their sister company, Smart Cop, resulting in additional costs.

Systemwide, EIS has compatibility issues with Windows 10. As a result, consoles cannot be properly upgraded and Dispatch's command key functionality does not operate. Moreover, this has disrupted the property and evidence workflows as the barcode scanner purchased just a few years ago through EIS is no longer working. The Police Department experiences a constant slow down of software performance during the afternoon hours, which affects the efficiency of our records team. The lack of functionality combined with the extremely slow repair process has placed the Police Department in a very vulnerable position, in which system failures have become the norm.

Daily Operational Needs:

Daily operational needs for a CAD/RMS include dispatch, mapping, mobile computers, booking, evidence, and report writing. Emergency dispatching is a dynamic and demanding task, all of which is done under critical circumstances. Dispatchers rely upon their CAD system to be intuitive, reliable, and responsive as they take calls, complete incident entries, and assign and track resources. EIS provides the basic functionality for these tasks, but there are significant challenges related to incident handling, unit recommendations and dispatch.

Mapping is a significant pain point in EIS, affecting both Dispatch and Patrol, and has been rendered ineffective. Both disciplines routinely use alternative applications for mapping needs. Mobile computers, available in the public safety environment for more than 30 years, allow officers to stay on the street longer because they have the resources they need inside their mobile unit. This provides better enforcement and delivery of services to the community. Mobile computers also make departments more efficient by electronically collecting and managing the officers' data, rather than relying on dispatchers to process officer information. There has been major growth in hardware and software over the last ten years. Currently, EIS provides only basic functions such as changing unit status, sending messages, and retrieving state queries. Today, far greater applications are now available, including GPS, enhanced mapping, and the

7 ability to write reports and submit them from the field. These newer applications enhance efficiency and allow officers to remain in their patrol vehicles and in the community, rather than returning to the police station to write a report.

Finally, EIS's barcode scanner is not compatible with Microsoft and has been decommissioned/replaced with a smartphone at EIS' recommendation.

Strategic, Administrative, Operational, and Tactical Decision Making:

To take a data-driven approach to reducing crime and enhancing public safety, the agency must be able to measure performance properly and accurately, capture statistical data, and monitor deviations. A robust CAD/RMS is the backbone of the Department and should be relied upon to inform command staff for decision making in the following areas: strategic (the ability to collect, conceptualize, analyze, interpret, and prepare police data to evaluate deployment models, police responses, and problemsolving efforts), administrative (customized reports for program management, presentation of crime statistics and establishing benchmarks, and accessing crime data for formal crime analysis), operational (includes various crime data points, calls for service information, arrest data, individual and team workload studies, beat workload evaluations, police accountability, and transparency), and tactical (critical decision making, access to the most up-to-date and relevant information). EIS is not equipped to support these needs. Police team members have been creative, developed workarounds or relied upon third-party software to retrieve and disseminate this critical data to the Department.

Cyber Security:

An application on a virtual platform is on-premise and resides on the City's infrastructure. Our current CAD/RMS system with EIS uses a virtual platform, requiring on-premise infrastructure. It requires licensing, servers, databases, networking infrastructure, back-up software, integrations, and ongoing maintenance. A Software as a Service (SaaS) resides off-premise and off the City's infrastructure. Axon provides a SaaS solution for their CAD/RMS systems.

The City's current IT Department is lean and operates based on business hours.

Furthermore, critical applications require a reliable ecosystem with on-demand support if required. Strategically, SaaS provides high availability, business continuity, and disaster recovery. SaaS allows for ease of scalability and upgrades with no disruption.

Additionally, SaaS ensures the Police Department is compliant with our Criminal Justice Information System (CJIS) and California Law Enforcement Telecommunications System (CLETS) requirements as well as transfers the cybersecurity risk associated with the application outside of the City's infrastructure.

Proposal
The Police Department needs a viable solution to its current challenges with its CAD/RMS vendor, EIS. The Department seeks to purchase a new CAD/RMS specifically to eliminate currently redundant processes, consolidate workflow(s), integrate NextGen 911 technology, capture ongoing statistical data, accurately measure performance, better equip first responders with relevant information, free up resources,

7 enhance internal cross-training, improve security, and have a cloud-based solution that reduces IT support.

Axon would provide us with such a solution. Axon is the Department's vendor for bodyworn cameras and Tasers. As a SaaS provider, Axon's ability to update systems remotely removes a large portion of the needed IT support and infrastructure that has created extended delays in implementing updates as they are released for our current CAD/RMS systems. A cloud-based product will continue to advance throughout the contract, keeping the police department on pace with current technology. Axon provides the added benefit of already working with our current platforms, which will optimize staff time and efficiencies.

Based on our current use of Axon technology, and our anticipated adoption of the Officer Safety Plan 7 (OPS 7), Axon is interested in working with us on CAD/RMS implementation over the next two years.

Axon Standards tracks all use of force, complaints, and vehicle collisions. Additionally, Axon Standards has an early intervention feature that will notify the Police Department if an officer requires additional training. As part of the Axon CAD/RMS, the City would also be getting Axon Standards. This will help the City address officer behavior sooner, reducing the number of complaints and use of force incidents through additional training. Axon Standards will also help the City in implementing best practices, which will decrease litigation complaints to the Police Department. Other potential benefits of being connected to the Axon network include:
 A reduction in the number of false complaints/allegations  Decreased use of force and increased quality of evidence gathered  Enhanced public trust creates safer communities at a lower cost  Decreased litigation and increased cost savings
 Expedited pleas and associated cost savings
 Technology infrastructure savings
 Allows agencies to securely store and track any digital evidence, including videos, photos, reports, and download logs from tasers.  Turns geospatial multi-media evidence, such as GPS tagged video, into visual dashboards with tactical maps and full click-through to underlying video data.  CAD/RMS Integration
 The addition of CAD and RMS in the Axon product environment sets them entirely apart from any other Law Enforcement vendor.

Additionally, as part of this year's budget, the Police Department has asked for an increase in Axon funds to help pay for Axon OSP. OSP includes RMS licenses as part of the bundle, whether or not the City has Axon CAD/RMS, which led staff to begin researching Axon’s new CAD/RMS technology as it meets the City’s goals of implementing technology that works across all applications. This system is being designed to work with the current technologies the City has already implemented to improve overall efficiencies, and fully leverage the technology the City employs.

7 Axon is a sole source vendor, as it is the only company that manufactures Tasers and is the only company that has integrated Tasers and body-worn cameras with the rest of their technological platform with a CAD/ RMS system. Also, as a sole source vendor, the majority of this contract is extending or renegotiating existing contracts for support of equipment the City has already purchased.

As early adopters, the City would have greater influence over the product as it advances and will receive discounted pricing. Based on the quotes received, going into the contract now and implementing this change over the next two years will realize additional cost savings and remove the need for an anticipated CAD/RMS replacement.

COMMUNITY ENGAGEMENT:

This staff report serves to inform the community of the City’s desire to enter into a 10- year Agreement with Axon for a police CAD/RMS upgrade.

ALTERNATIVE ACTIONS:

Council could direct staff to seek and contract with an alternative CAD/RMS provider; however, this will likely result in additional costs to ensure integration with our current Axon equipment, such as our Tasers, and body worn cameras.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Council has approved multiple purchase contracts with Axon for police equipment, such as Tasers, body worn cameras, cloud storage.

FISCAL AND RESOURCE IMPACT:

The total cost of the CAD/RMS licensing contract over the 10-year term is $778,400, which includes one-time implementation cost of $410,000 and an annual licensing fee of $36,840. In comparison, continuing with EIS and factoring in our yearly cost for CAD/RMS over the same 10-year period is estimated at $600,000. In addition, first billing won't start until the new system goes live.

There's sufficient funding available in the current year budget for the one-time implementation cost. Future funding for the annual licensing fee will be programmed in the budget process.

CEQA (California Environmental Quality Act):

Not a Project.

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

Non-Binding Budgetary Estimate

Q-391679-44680.976WA
Issued: 04/29/2022
Quote Expiration: 06/20/2022
Estimated Contract Start Date: 06/15/2025
Account Number: 107493
Payment Terms: N30
Delivery Method: Fedex - Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-16200 Vineyard Blvd Morgan Hill Police Department - CA Will Alexander 16200 Vineyard Blvd 16200 Vineyard Blvd Phone: Phone: (408) 779-2101 Morgan Hill, CA 95037-7164 Morgan Hill, CA 95037-7164 Email: [email protected] Email: [email protected] USA USA Fax: Fax:

Email:

Quote Summary Discount Summary
Program Length 120 Months Average Savings Per Year ($19,708.00) TOTAL COST $778,400.00
ESTIMATED TOTAL W/ TAX $778,400.00 TOTAL SAVINGS ($197,080.00) Payment Summary
Date Subtotal Tax Total
Jun 2025 $86,840.00 $0.00 $86,840.00
Jun 2026 $76,840.00 $0.00 $76,840.00
Jun 2027 $76,840.00 $0.00 $76,840.00
Jun 2028 $76,840.00 $0.00 $76,840.00
Jun 2029 $76,840.00 $0.00 $76,840.00
Jun 2030 $76,840.00 $0.00 $76,840.00
Jun 2031 $76,840.00 $0.00 $76,840.00
Jun 2032 $76,840.00 $0.00 $76,840.00
Jun 2033 $76,840.00 $0.00 $76,840.00
Jun 2034 $76,840.00 $0.00 $76,840.00
Total $778,400.00 $0.00 $778,400.00
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Non-Binding Budgetary Estimate

Quote Unbundled Price: $581,320.00
Quote List Price: $581,320.00
Quote Subtotal: $778,400.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
50300 AXON DISPATCH LICENSE 61 120 $50.00 $50.00 $366,000.00 $0.00 $366,000.00 50300 AXON DISPATCH LICENSE 4 120 $50.00 $5.00 $2,400.00 $0.00 $2,400.00 50300 AXON DISPATCH LICENSE 5 120 $50.00 $0.00 $0.00 $0.00 $0.00 73891 RECORDS LICENSE, NON-SWORN 9 120 $29.00 $0.00 $0.00 $0.00 $0.00 A la Carte Services
73896 STANDARDS SERVICE, BASIC 1 $10,000.00 $10,000.00 $10,000.00 $0.00 $10,000.00 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT:

RECORDS 1 120 $500.00 $1,666.67 $200,000.00 $0.00 $200,000.00 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT:

DISPATCH 1 120 $500.00 $1,666.67 $200,000.00 $0.00 $200,000.00 Total $778,400.00 $0.00 $778,400.00

Non-Binding Budgetary Estimate

Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 50300 AXON DISPATCH LICENSE 61 06/15/2025 06/14/2035 A la Carte 50300 AXON DISPATCH LICENSE 4 06/15/2025 06/14/2035 A la Carte 50300 AXON DISPATCH LICENSE 5 06/15/2025 06/14/2035 A la Carte 73891 RECORDS LICENSE, NON-SWORN 9 06/15/2025 06/14/2035 Services
Bundle Item Description QTY
A la Carte 73896 STANDARDS SERVICE, BASIC 1
A la Carte 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 A la Carte 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1

Non-Binding Budgetary Estimate

Payment Details
Jun 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 1 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 1 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 1 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 1 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 1 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Invoice Upon Fulfillment 73896 STANDARDS SERVICE, BASIC 1 $10,000.00 $0.00 $10,000.00 Total $86,840.00 $0.00 $86,840.00
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 2 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 2 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 2 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 2 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 2 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00
Jun 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 3 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 3 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 3 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 3 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 3 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00
Jun 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 4 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 4 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 4 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 4 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 4 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00

Non-Binding Budgetary Estimate

Jun 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 5 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 5 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 5 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 5 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 5 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00
Jun 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 6 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 6 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 6 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 6 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 6 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00
Jun 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 7 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 7 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 7 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 7 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 7 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00
Jun 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 8 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 8 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 8 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 8 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 8 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00
Jun 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 9 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00
Year 9 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 9 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00

Non-Binding Budgetary Estimate

Jun 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 9 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00
Jun 2034
Invoice Plan Item Description Qty Subtotal Tax Total
Year 10 50300 AXON DISPATCH LICENSE 61 $36,600.00 $0.00 $36,600.00 Year 10 50300 AXON DISPATCH LICENSE 4 $240.00 $0.00 $240.00 Year 10 50300 AXON DISPATCH LICENSE 5 $0.00 $0.00 $0.00 Year 10 73891 RECORDS LICENSE, NON-SWORN 9 $0.00 $0.00 $0.00 Year 10 85157 PROFESSIONAL SERVICES MILESTONE PAYMENT: RECORDS 1 $20,000.00 $0.00 $20,000.00 Year 10 85159 PROFESSIONAL SERVICES MILESTONE PAYMENT: DISPATCH 1 $20,000.00 $0.00 $20,000.00 Total $76,840.00 $0.00 $76,840.00

Non-Binding Budgetary Estimate

This Rough Order of Magnitude estimate is being provided for budgetary and planning purposes only. It is non-binding and is not considered a contractable offer for sale of Axon goods or services.

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

From: D. Muirhead <[email protected]>
Sent: Monday, May 16, 2022 9:20 AM
To: CC Public Comment <[email protected]> Subject: [EXTERNAL] comment City Council May 18 #7 Computer Aided Dispatch + Records Management Greetings Morgan Hill City Council, City Staff, and Residents, Comment for the Morgan Hill Council meeting on May 18, 2022 #7 10-yr agreement for Computer Aided Dispatch
and Records Management System
I am not sure how much of the extensive report by Police Captain Ramirez would be understood by those not in law enforcement or the Community Law Enforcement Foundation (CLEF). I do appreciate the attempt. Just what is Officer Safety Plan 7 (OPS 7)?
The Officer Safety Plan will ensure the police department receives new equipment, such as the Tasers, body-worn cameras, and vehicle cameras, during the contract's life with Axon. Those items included:
• Taser 7 CEW
• Taser Dock
• Training Cartridges
• Duty Cartridges
• Axon Body Camera 3 (Body 3)
• Unlimited BWC storage
• Camera Hardware upgrades every 2.5 years
While we have been at the forefront of incorporating new technology as an agency, this has come with lessons learned. One major takeaway is that new technologies can lead to inefficiencies if they are not compatible or well-supported. As we work to create more efficient and accurate records and streamline processes to get officers back in the field, Axon has become the clear leader in creating a complete technology environment for law enforcement that works in concert to improve officer safety and performance both in the field. The Officer Safety Plan provides us with a platform that ensures we continue implementing the best technology practices.

I will comment on some process issues.
- Most troubling is the length of time, as problems compounded and lingered, before action was taken and this proposal crafted.

EIS is no longer a viable option in providing CAD/ RMS. As we began speaking with Axon regarding the Officer Safety Plan, we learned of their CAD/ RMS system and integrating our CAD/ RMS with Axon would be the best option.
- Software as a Service (SaaS) is the current solution du jour. Off-site and out of sight with attendant loss of local control. Remote updates are great until they fail (ticketing systems of airlines make the news often as an example).
- How will you structure your participation as early adopters? You will have to use new versions of products, taking staff time, and not in a way that risks operational impairment.

As outlined in the staff report, the City would have greater influence over the product as it advances as an early adopter. This will ensure we do not have any risks of functional impairments because we will be able to ensure the system is functioning properly during the system buildout. - You may have a good working relationship with Axon. But this is sole-source and a long (10 year) timeframe without any comparative investigation (ALTERNATIVE ACTIONS: Council could direct staff to seek and contract with an alternative CAD/RMS provider; however, this will likely result in additional costs to ensure integration with our current Axon equipment, such as our Tasers, and body worn cameras.)
If we were to contract with another CAD/RMS provider, we would have to pay for the professional services. Additionally, we would also have to pay for an interface with Axon to convert all of our Bodyworn camera data and taser data. This would include upfront costs and a yearly cost, which would be counterintuitive to the Council's 2022-2023 Strategic priorities of fiscal sustainability. Finally, Axon anticipates cost increases at around 4% per year for services not included in an ongoing contract. We can keep ongoing costs low for better fiscal sustainability by entering into a long-term contract.

Thank you for your consideration, Doug Muirhead, Morgan Hill WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

8 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Charlie Ha, Supervising Civil Engineer
APPROVED BY: City Manager
APPROVE PARCEL MAP FOR SABINI COURT SUBDIVISION (APN:
773-32-013) AND RELATED SUBDIVISION IMPROVEMENTS

AGREEMENT

RECOMMENDATION(S)

1. Approve the Parcel Map;

2. Authorize the City Manager to execute the Subdivision Improvements Agreement with Strolata Properties, LLC; and

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

Estimated Time: NA

COUNCIL PRIORITIES, GOALS & STRATEGIES
2022-2023 Strategic Priorities
Economic Development
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Sabini Court is a 4-lot residential subdivision located at the end of Sabini Court (see Attachment 1).

The developer, Strolata Properties, LLC, has completed all the conditions of the project’s Tentative Parcel Map which was administratively approved by the Development Services Director on June 16, 2020. The City Council is required to approve the Parcel Map (Attachment 2) if it conforms to all the requirements of the Subdivision Map Act, and any conditions of approval for the Tentative Parcel Map.

The developer has furnished the City with the necessary documents to complete the processing of the Parcel Map and has made provisions to provide the City with the required fees, security, and insurance prior to recordation of the Parcel Map. The Parcel Map conforms to the requirements of the Subdivision Map Act, and conditions of approval have been met. Staff recommends that City Council approve the Parcel Map

8 and authorize the City Manager to sign a Subdivision Improvements Agreement (Attachment 3) pending review and approval by the City Attorney.

COMMUNITY ENGAGEMENT:

Inform
On June 16, 2020, the Development Services Department considered the Tentative Map application at the close of a duly noticed 10-day public comment period. Residents within a 300-foot radius were invited to review and provide comments on the project.

ALTERNATIVE ACTIONS:

There is no feasible alternative action as the Developer has met the requirements of the Tentative Parcel Map conditions to file for a Parcel Map.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

There were no prior City Council and Commission actions on the project.

FISCAL AND RESOURCE IMPACT:

Development review costs for this project are paid for from development processing fees.

CEQA (California Environmental Quality Act):

This project is categorically exempt from the California Environmental Quality Act Section 15135 - Minor Land Divisions and Class 3 Section 15303 - New Construction.

County of Santa Clara, Sanborn, ©2021 County of
O
0 120 240 480 720 960
Feet

SITE MAP

SABINI COURT
APN 773-32-013
Engineering and Utilities Department
Land Development Engineering Division
Document Path: G:\R-14\PROJ\GIS\John\Samantha_Sabini.mxd

________________________ _____________________ _____________________________________________ _______________________________________________________________________ ____________________________________________ ______________________________ ________________________________ _________________________________________ _________________________________________ _________________ ______________________________________ _________________________________________ __________________________________________ _________________________ __________________________ _________________ ______________________________________ _________________ ______________________________________ S T A T E OF CA L I FOR N I A PROFESS I ONA L LA ND SURV EYOR 6 8 0 9 JOHN K . K I NG _______________________________ ____________________________ _____________________________ _______________________________ ____________________________ _____________________________ ________________________ _____________________ _____________________________________________ _______________________________________________________________________ ____________________________________________ ______________________________ ________________________________ _________________________________________ _________________________________________ S TA T E OF CA L I FOR N I A REGISTERED PROFESS IONAL ENGINEER No. 58879 CIV I L SCOT C. CREER S T A T E OF CA L I FOR N I A REGISTERED PROFESS IONAL ENGINEER No. 58879 CIV I L SCOT C. CRE R

9 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Charlie Ha, Supervising Civil Engineer
APPROVED BY: City Manager

APPROVE AN IMPROVEMENT AGREEMENT WITH THOMPSON &
HARVEY BAY AREA, LLC (AU ENERGY LLC) FOR THE RAILROADGOYAL PROJECT (UP2019-0005)

RECOMMENDATION(S)

1. Approve an Improvement Agreement with Thompson & Harvey Bay Area, LLC;

2. Authorize the City Manager to execute the Improvement Agreement; and

3. Authorize the recordation of the Improvement Agreement.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land 2022-2023 Strategic Priorities
Economic Development
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

On May 26, 2020, the Planning Commission approved a Conditional Use Permit (CUP) allowing AU Energy LLC to operate a dispatch and maintenance facility in conjunction with the development of an approximately 21,000 square foot industrial development on a 2.66-acre site located at 16500 Railroad Avenue. Under the project's conditions of approval, the developer, Thompson & Harvey Bay Area LLC, is required to enter into an Improvement Agreement (Attachment No. 2) with the City of Morgan Hill and provide a financial guarantee for the public improvements along the project's Railroad Avenue frontage.

The developer has furnished the City with the necessary documents to complete the processing of the Improvement Agreement by providing surety bonds and insurance for the project’s proposed public improvements. Staff recommends that the City Council

9 authorize the City Manager to execute the Improvement Agreement.

COMMUNITY ENGAGEMENT:

Inform
A Public Notice via mailed notice and newspaper advertisement was issued to inform the public of the City’s intent to approve the Design Review Permit for the project. The Public Notice was also shared via the City’s 411 email publication as well as a new Development Project page on the website.

ALTERNATIVE ACTIONS:

There are no feasible alternative actions on the approval of the Improvement Agreement as the developer has furnished the necessary documents to complete the processing of the Improvement Agreement.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 26, 2020, the Planning Commission approved a Conditional Use Permit (CUP) allowing AU Energy LLC to operate a dispatch and maintenance facility in conjunction with the development of an approximately 21,000 square foot industrial development on a 2.66-acre site located at 16500 Railroad Avenue.

FISCAL AND RESOURCE IMPACT:

Development review costs for this project are paid from development processing fees.

CEQA (California Environmental Quality Act):

The project is exempt from CEQA under Section 15332, In-Fill Development Projects, of the CEQA Guidelines.

County of Santa Clara, Sanborn
Engineering and Utilities Department
Land Development Engineering Division

SITE MAP

AU ENERGY LLC
APN 817-58-002
Document Path: G:\R-14\PROJ\Agustin\GIS\AU Energy LLC.mxd O
0 150 300 450 600 75
Feet

BUTTERFIELD BLVD

RAILROAD AVE

BARRETT AVE

AU ENERGY LLC
APN 817-58-002

DATE PREPARED:

TRACT # / APN: 817-58-002
EXPIRATION DATE: N/A
ADDRESS / LOT: 16500 Railroad Avenue
CALCULATED BY: Sam Cho
PROJECT DESC: New Industrial Building
CHECKED BY: Charlie Ha
APPLICANT NAME: AU Energy LLC BUILDING PERMIT #: PWPR2021-0003 MAILING ADDRESS: 41805 Albrae Street BLD PERMIT ISS. DATE: N/A CITY, STATE, ZIP: Fremont, CA 94538 SEWER IMPACT FEES WITHIN RDA BOUNDARY

CHECK APPLICABLE SCENARIO BELOW
PHONE NUMBER: 510-270-3411

1. METER DEPOSIT: Subtotal:
1″ x 1 = $527
1 ½″ x 0 = $0
2″ x 1 = $1,857
= $0
METER CREDITS $527 / x 1 / = -$527

2. BACKFLOW CONST. INSPECTION: Subtotal:
x 5 Each = $355
3a. WATER FRONTAGE CHARGE: Subtotal:
1 Side $77 x 0 LF = $0
2 Sides $42 x 0 LF = $0
3b. SEWER FRONTAGE CHARGE: Subtotal:
1 Side $77 x 155 LF = $11,935
2 Sides $42 x 0 LF = $0
3c. STORM FRONTAGE CHARGE: 304-37663 Subtotal:
1 Side $126 x 0 LF = $0
2 Sides $61 x 0 LF = $0
3d. UNDERGROUNDING UTILITIES: 350-37648 Subtotal:
1 Side $793 x 155 LF = $122,915
2 Sides $401 x 0 LF = $0
$122,915
$0
FEE SCHEDULE: 07.01.2021

PROJECT INFO

SEWER IMPACT FOR COMMERCIAL & INDUSTRIAL PROJECTS
TEMPORARILY ADJUSTED TO $0 EFFECTIVE 02/05/07 PER RES# 6082.

SEWER IMPACT FOR SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL TEMPORARILY ADJUSTED TO $0 EFFECTIVE 02/05/07.
** BOTH NORMAL FEES AND ADJUSTED FEES ARE SUBJECT
TO ANNUAL CPI INCREASES.
$11,935
$0
$355
$1,857
$1,645
3" or larger-Time & Material + Meter Cost
$1,857
IF BOX ABOVE CHECKED: FEE SCHEDULE IS ONLY FOR ESTIMATE PURPOSES. FEE SCHEDULE CALCULATED BASED ON INFORMATION PROVIDED TO CITY BY APPLICANT.

FINAL FEE SCHEDULE MAY DIFFER BASED UPON CHANGE IN SCOPE OF PROJECT.

MULTI-FAMILY IS DEFINED AS ANY UNIT WITH TWO BEDROOMS OR LESS.

SINGLE FAMILY IS DEFINED AS ANY UNIT WITH 3 BEDROOMS OR MORE. 1/12/2021

CITY OF MORGAN HILL PUBLIC WORKS DEPARTMENT
$527
650-37859
650-37663
650-37672
$71
640-37663

APPLICANT INFO
17575 Peak Avenue Morgan Hill CA 95037 - Office (408) 778-6480 Fax (408) 779-7236 N:\PROJECTS\DEVELOP\PWPR 2021-0003 Railroad - Goyal\Fees\01 PW FEES 07.01.2021 - Railroad-Goyal Engineering Impact Fee - revised 2022-1-12 1

4. WATER IMPACT FEE: Subtotal:

Single Family $4,160 /DU x 0 DU = $0
Multi Family $3,753 /DU x 0 DU = $0
Senior/Downtown $3,753 /DU x 0 DU = $0
Commercial $11,809 /AC x 0 AC = $0
Industrial $11,809 /AC x 2.66 AC = $31,412
Office $11,809 /AC x 0 AC = $0
Auto Dealership $11,809 /AC x 0 AC = $0
Hotel $11,809 /AC x 0 AC = $0
WATER CREDITS $4,160 / x 1 / = -$4,160

5. SEWER IMPACT FEE: Subtotal:

Single Family $16,280 /DU x 0 DU = $0
Multi Family $13,778 /DU x 0 DU = $0
Senior/Downtown $13,778 /DU x 0 DU = $0
Commercial $53.61 /GPD x 0 GPD = $0
Industrial $53.61 /GPD x 1120 GPD = $60,043
Office $53.61 /GPD x 437.1 GPD = $23,433
Auto Dealership $53.61 /GPD x 0 GPD = $0
Hotel $53.61 /GPD x 0 GPD = $0
SEWER CREDITS $0 / x 0 / = $0
RDA SEWER CREDIT Single Family $16,280 /DU x 0 DU = $0
Multi Family $13,778 /DU x 0 DU = $0
Commercial $53.61 /GPD x 0 GPD = $0
Industrial $53.61 /GPD x 0 GPD = $0
Office $53.61 /GPD x 0 GPD = $0
Auto Dealership $53.61 /GPD x 0 GPD = $0
Hotel $53.61 /GPD x 0 GPD = $0

6. STORM DRAIN IMPACT FEE: 303-37648 Subtotal:

Single Family $2,063 /DU x 0 DU = $0
>1,200 SF Multi Family $1,175 /DU x 0 DU = $0
< 1,200 SF Multi Family $546 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $1,175 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $546 /DU x 0 DU = $0
Commercial $22,342 /ACRE x 0 AC = $0
Industrial $16,450 /ACRE x 2.66 AC = $43,757
Office $22,342 /ACRE x 0 AC = $0
Auto Dealership $22,342 /ACRE x 0 AC = $0
Hotel $331 /ROOM x 0 RM = $0
STORM CREDITS $2,063 / x 1 / = -$2,063

7. TRAFFIC IMPACT FEE: Subtotal:

Single Family $3,585 /DU x 0 DU = $0
>1,200 SF Multi Family $2,222 /DU x 0 DU = $0
< 1,200 SF Multi Family $1,399 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $2,222 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $1,399 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $3,585 /PHT x 0 PHT = $0
Industrial $3,585 /PHT x 8 PHT = $28,680
Office $3,585 /PHT x 0 PHT = $0
Auto Dealership $3,585 /PHT x 0 PHT = $0
Hotel $3,585 /PHT x 0 PHT = $0
TRAFFIC CREDITS $3,585 /PHT x 1 PHT = -$3,585

8. PARK IMPACT FEE: Subtotal:

Subdivision: Single Family $6,173 /DU x 0 DU = $0
Multi Family $5,948 /DU x 0 DU = $0
Senior/Downtown $4,073 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
No Subdivision Single Family $4,488 /DU x 0 DU = $0
Multi Family $4,329 /DU x 0 DU = $0
Senior/Downtown $2,962 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
PARK CREDITS $0 / x 0 / = $0
$83,476
651-37648 $27,252
641-37648
309-37648
301-37648 $0
$25,095
$41,694
N:\PROJECTS\DEVELOP\PWPR 2021-0003 Railroad - Goyal\Fees\01 PW FEES 07.01.2021 - Railroad-Goyal Engineering Impact Fee - revised 2022-1-12 2

8a. PARK MAINTENANCE DEV. FEE: Subtotal:
$0 / x 0 EAC = $0

9. PUBLIC FACILITIES IMPACT FEE: Subtotal:

Single Family $588 /DU x 0 DU = $0
Multi Family $566 /DU x 0 DU = $0
Senior/Downtown $388 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $1,294 /ACRE x 0 AC = $0
Industrial $1,812 /ACRE x 2.66 AC = $4,820
Office $1,538 /ACRE x 0 AC = $0
Auto Dealership $519 /ACRE x 0 AC = $0
Hotel $15 /ROOM x 0 RM = $0
PUBLIC FACILITIES CREDITS $588 / x 1 / = -$588

10. LIBRARY IMPACT FEE: Subtotal:

Single Family $2,267 /DU x 0 DU = $0
Multi Family $2,184 /DU x 0 DU = $0
Senior/Downtown/SDU $1,495 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
LIBRARY CREDITS $0 / x 0 / = $0

11. COMMNTY/REC CNTRS IMPACT FEE: Subtotal:

Single Family $4,204 /DU x 0 DU = $0
Multi Family $3,689 /DU x 0 DU = $0
Senior/Downtown $2,784 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
COMMNTY/REC CNTRS CREDITS $0 / x 0 / = $0

12. PUBLIC SAFETY FACILITIES IMPACT FEE: Subtotal:

Single Family $2,063 /DU x 0 DU = $0
>1,200 SF Multi Family $1,824 /DU x 0 DU = $0
< 1,200 SF Multi Family $1,366 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $1,824 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $1,366 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $11,529 /ACRE x 0 AC = $0
Industrial $13,838 /ACRE x 2.66 AC = $36,809
Office $13,822 /ACRE x 0 AC = $0
Auto Dealership $5,530 /ACRE x 0 AC = $0
Hotel $64 /ROOM x 0 RM = $0
PUBLIC SAFETY FACILITIES CREDITS $2,063 / x 1 / = -$2,063

13. ENGINEERING & INSPECTION FEE: Subtotal:

ENGR ESTIMATE: $675,758 13.3% $1 to $100,000 = $13,300
ENGR EST. DATE: 11.8% $100,001 to $200,000 = $11,800

10.3% $200,001 to $500,000 = $30,900

8.8% OVER $500,000 = $15,467
DEPOSIT PAID = $35,343
*SEE PAGE FOUR FOR REVISION OF FEE

14. LONG RANGE PLANNING FEE: Subtotal:

LONG RANGE PLANNING FEE (15% of E&I) = $10,720

15. GIS FEE: Subtotal:

GIS/TECHNOLOGY FEE (5% of E&I) = $3,573

16. MAP CHECK FEE: Subtotal:

PARCEL MAP: = $0
TRACT MAP: = $0
206-38716
347-37648
302-37649
206-38734
315-37648
$9,627
207-37912
206-37913
$6,029
348-37648
$0
$3,573
$10,720
$36,123
$34,746
$0
$0
$4,232
$0
360-37648
N:\PROJECTS\DEVELOP\PWPR 2021-0003 Railroad - Goyal\Fees\01 PW FEES 07.01.2021 - Railroad-Goyal Engineering Impact Fee - revised 2022-1-12 3

17. BURROWING OWL MITIGATION: Subtotal:

Single Family $233 /DU x 0 DU = $0
Multi Family $233 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $1,626 /AC x 0 AC = $0
Industrial $1,626 /AC x 0 AC = $0

18. OTHER FEES: Subtotal:

Certificate of Compliance $ 3,914 206-38430 = $0
Lot Line Adjustment/Merger $ 3,280 206-38712 = $0
Engineering Services $ 211 /hr 206-38719 $0
Public Easement Review $ 2,645 206-38737 = $0
Street Vacation Review $ 211 /hr 206-38737 = $0
Easement Abandonment $ 4,654 206-38737 = $0
Plan Revision Review $ 530 /hr 206-38737 $0
Reimbursement Agreement $ 2,292 206-38741 = $0
FEMA Compliance - Base Fee $ 423 206-38725 = $0
FEMA Comp. w/ CLOMR/LOMR $ 2,328 206-38725 = $0
FEMA Comp. w/ Pub. Outreach $ 847 206-38725 = $0
Storm Water Runoff Mangnt Plan Review $ 2,963 206-38734 = $0 SWPPP Document Review 1st $ 1,269 232-37687 = $0
SWPPP Document Review 2nd $ 787 232-37687 = $0
SWPPP Offsite Inspection - 6 month $ 6,347 232-37688 = $0 SWPPP Offsite Inspection - 12 month $ 12,695 232-37688 = $0 SWPPP Offsite Inspection - 24 month $ 25,390 232-37688 = $0 Post Construction BMP Initial/Base Setup $ 620 206-37721 = $0 Post Construction Each Additional BMP $ 124 /BMP 206-37721 = $0 RDCS School Pedestrian Safety $ 355-37655 = $0
RDCS Public Facilities $ 346-37649 = $0
RDCS Park Development $ 302-37649 = $0
RDCS Public Facilities Circulation $ 346-37649 = $0
RDCS LED Streetlight Fund $ 010-37722 = $0
TOTAL FEES DUE:
**If paying by Credit Card, additional 2% fee. CREDIT CARD PROCESSING FEE (2% of total fees due):

Notes & Comments:

Total Site Area = 2.66 acres Existing Conditions:
1 residential building = 1200 sf, SFD
No credit for SS; Credit for water, storm.

Proposed Conditions:

SANITARY - gallons per day (gpd) use
office coefficient = 0.093 gpd
(4700 sf) x (0.093 gpd/sf) = 437.1 gpd
repair shop coefficient (including shop,shop bay,and truck wash) = 0.140 gpd (8000 sf) x (0.140 gpd/sf) = 1120 gpd
TRAFFIC - peak hour trips (PHT) average
"General Light Industrial" trucking facility average rate = 0.63 PHT (Land Use 110) (12700 sf) x (0.63 PHT/1000 sf) = 8.001 PHT = 8 PHT
*Updated Engineering estimates (updated estimate provided by Engineer, dated 12/9/2021) $86,704 Public Improvements
$92,660 Private Improvements - Sanitary
$377,594 Private Improvements - Storm
$118,800 Private Improvements -Water
$675,758 Total Engineering Estimate
232-38145
$0
$403,974
$0
N:\PROJECTS\DEVELOP\PWPR 2021-0003 Railroad - Goyal\Fees\01 PW FEES 07.01.2021 - Railroad-Goyal Engineering Impact Fee - revised 2022-1-12 4

10 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
APPROVE THE MAY 4, 2022 CITY COUNCIL MEETING MINUTES

RECOMMENDATION(S)
Approve the May 4, 2022 City Council Meeting Minutes.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
REPORT NARRATIVE:

COMMUNITY ENGAGEMENT:

ALTERNATIVE ACTIONS:

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

FISCAL AND RESOURCE IMPACT:

CEQA (California Environmental Quality Act):

Special/Regular City Council
Meeting Minutes
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, May 4, 2022 5:00 PM
Virtual Meeting
Link to join the meeting can be found below

SPECIAL/REGULAR MEETING
A special meeting of the City Council was called at 5:00 p.m. for the purpose of conducting Library, Culture, and Arts and Parks and Recreation Commission interviews.

SPECIAL MEETING
5:00 P.M. - Library, Culture, and Arts and Parks and Recreation Commission interviews

May 4, 2022
2 CALL TO ORDER
Mayor Constantine called the City Council meeting to order at 5:00 p.m.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Rich Constantine, Rene Spring, Gino Borgioli, John McKay, Yvonne Martinez Beltran
ABSENT None

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

COMMISSION INTERVIEWS

1. INTERVIEW CANDIDATES TO FILL TWO (2) SEATS ON THE PARKS AND RECREATION COMMISSION AND ONE (1) SEAT ON THE LIBRARY,

CULTURE, AND ARTS COMMISSION
Recommendation:

1. Mayor shares the characteristics/traits that a successful applicant(s) would possess;

2. Conduct Interviews;

3. Council Members identify the top applicant(s) and provide recommendations to the Mayor; and

4. Discuss and/or appoint applicant(s).

Estimated Time: 120 Minutes
Mayor Constantine shared the characteristics/traits that the successful applicant(s) possess.

The City Council interviewed the following applicants:

For Parks and Recreation:

Shweta Maniar
Anthony Bontempi
Harpreet Vittal
Michael Robertson
Peter Pacheco
Robert Benich
Zain Yahya

May 4, 2022
3 For Library, Culture, and Arts Commission:

Cindy Blanton
Shakeeb Ahmed

REGULAR MEETING
7:00 P.M.

PROCLAMATIONS
Proclaiming May 2022 as Affordable Housing Month
Proclaiming May 2022 as Aquatics Month
Proclaiming May 2022 as Mental Health Awareness Month
Proclaiming May 2022 as Wildfire Awareness Month
Proclaiming May 15, 2022 as Peace Officers Memorial Day and May 11-17, 2022 as National Police Week

CITY COUNCIL REPORTS
Mayor Constantine shared that recently he and Mayor Blankley from Gilroy co-wrote a letter asking Congressman Panetta to add an earmark of around $2 million to provide funding to start an Environmental Impact Report (EIR) to continue the expansion of Hwy 101 from Dunne Avenue to Gilroy. An EIR is already completed to Dunne Avenue.

They have also been having conversations with the Valley Transportation Authority (VTA) to make sure this is on their radar. Hopefully, we will get an express lane through Morgan Hill and Gilroy. VTA believes that we can get the funding for an Express Lane vs. a High Occupancy Vehicle (HOV) lane. The difference between an Express Lane and an HOV lane is that an HOV lane has the infrastructure that allows cars that don't have the required number of occupants to be in the commute lane by paying through using their Fast Trak to be in that lane.

He also mentioned that as a part of his work on the Water Commission, at the April 13 meeting, he shared the fact that Morgan Hill, not only has saved more water than any city in the county, but we've done that because of our water conservation ordinance.

Valley Water has now asked other cities to limit the amount of watering that their residents do for their lawns to two times a week like what we do. Hopefully, that will be followed by other cities and we can all be leaders in saving water.

4 CITY MANAGER'S REPORT
City Manager Turner shared several updates. Last week, the California High-Speed Rail Authority (Authority) approved its 2022 Business Plan and Final EIR/EIS for the San Jose to Merced Project. The City issued comment letters for both documents continuing to ask the Authority to identify funding and specify mitigations that will adequately address impacts on public safety response times and encourage the incorporation of grade separations. The City continues to explore ways to work with the Authority on ways to further enhance the project that addresses the City’s public safety concerns. Moving to local construction, she shared that several communications companies are currently working on upgrading and installing new communication cables and conduits throughout the City. Please remember to drive or walk cautiously through construction areas and follow signage for detours. Whenever possible, try to utilize alternate routes while the work is being completed. If you have questions or see anything that looks unsafe, please get in touch with the City right away.

She mentioned that the City's recreation facilities continue to move back to full operation. As of this week, the Kids Club is now open to children from 6 months to 9 years old. All of the group exercise classes have been moved back indoors and the Centennial Recreation Center (CRC) parking lot is back to full capacity. The CRC does continue to offer an outdoor fitness center option with treadmills and other equipment.

Please help spread the word about the excellent family fitness and recreation options at the CRC and Aquatics Center. Other exciting news for our older adults is that the Senior Nutrition Program will resume indoor dining starting tomorrow/Thursday-kicking off with a Cinco de Mayo party! May is Bike Month. Today, the City of Morgan Hill and the Morgan Hill Unified School District partnered to host Bike and Walk to School Day.

The event took place at El Toro Elementary School, Los Paseos Elementary School, and Ann Sobrato High School. There was great participation from the students and administration, and we’re excited to partner on this event again in the future. ‘Bike to Wherever Day’ is on Friday, May 20, 2022, so please stop by the City's Energizer Station between 11:30 a.m. and 4 p.m., located at the bike sculpture at the Community and Cultural Center Downtown. Visit our website at www.morganhill.ca.gov/bikeped for more information and resources. She also mentioned that Michelle Bigelow, Captain Ramirez, Corporal Zen, PERT Clinician Wood, and herself participated in a Community Mental Health and Suicide Prevention Awareness Presentation put on by Living Above the Influence (LATI). Several years ago, our Council adopted a policy on suicide prevention and things we can do as a community. She announced that the Cadet Ambassador program is in full operation generally Thursday – Saturday, 5 p.m. to 10 p.m. She also announced that the City will have its monthly booth at Sidewalk Saturday’s/Farmers Market on Saturday, May 14th, from 9:00 a.m. -12:00 p.m. City teammates will be available to answer questions and provide information specific to summer recreation programs, water conservation, and the recommended budget.

Additionally, we will be hosting a community open house on the budget on Wednesday, May 18th, at the Downtown Amphitheatre from 4:30-6:00 p.m., followed by the City Council Budget Workshop at 7:00 p.m. She concluded by sharing that our annual Pride May 4, 2022

5 Flag raising ceremony will be coming up later this month. The City of Morgan Hill prides itself on being an inclusive community. It encourages the celebration of LGBTQ+ Pride Month to recognize that all people deserve to be treated respectfully, fairly, and equally, regardless of sexual orientation or gender identity. Please join us for a flag-raising ceremony and celebration on Saturday, May 21st, at 9:00 am at City Hall.

CITY ATTORNEY'S REPORT
None.

OTHER REPORTS
Mayor Constantine announced that he is appointing Shweta Maniar and Harpreet Vittal to serve on the Parks and Recreation Commission, and Cindy Blanton to serve on the Library, Culture, and Arts Commission. He thanked all the applicants that applied. It was a tough decision, and we had many outstanding, well-qualified applicants. He reminded the applicants to apply again as positions open and to stay engaged.

PUBLIC COMMENT
Public comment opened at 7:15 p.m.

Joe Baranowski was called to speak.

There being no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed
MOVER: Council Member McKay
SECONDER: Council Member Martinez Beltran
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None
I
May 4, 2022

May 4, 2022
6 CONSENT CALENDAR
MOTION:

Approving the consent calendar.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Mayor Pro Tem Borgioli
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None

2. ADOPT ORDINANCE 2332, NEW SERIES, ADDING A NEW CHAPTER 9.18 (“SIDESHOWS”) TO TITLE 9 (“PUBLIC PEACE, MORALS AND WELFARE)

OF THE MORGAN HILL MUNICIPAL CODE TO PROHIBIT SPECTATORS AT

ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED OR RECKLESS

DRIVING EXHIBITIONS
Recommendation:

Waive the reading, adopt Ordinance No. 2332, 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.

3. ADOPT ORDINANCE 2333, NEW SERIES, AMENDING SECTIONS, 13.04.330 (WASTING OF WATER AND DROUGHT EMERGENCIES) AND 13.04.390 (ENFORCEMENT) AND 13.04.400 (VIOLATION-PENALTY) OF CHAPTER

13.04 (WATER SYSTEM) OF TITLE 13 (PUBLIC SERVICES), AMENDING

REGULATIONS PROHIBITING NONESSENTIAL USE OF POTABLE WATER Recommendation:

Waive the reading, adopt Ordinance No. 2333, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

4. APPROVE SECOND AMENDMENT TO THE NEW CINGULAR WIRELESS

PCS PROPERTY USE AGREEMENT

May 4, 2022
7 Recommendation:

Authorize the City Manager to Execute the Second Amendment to the new Cingular Wireless PCS Property Use Agreement.

5. APPROVE CONTRACT AGREEMENT WITH INFOSEND FOR UTILITY

BILLING PRINTING, MAILING, ELECTRONIC BILL PRESENTMENT AND

PAYMENT SERVICES, AND PAYMENT PROCESSING SERVICES
Recommendation:

Authorize the City Manager to execute an agreement with Infosend for an amount not-to-exceed $199,516 for a three-year term for utility bill printing, mailing, electronic bill presentment and payment services, and payment processing services.

6. APPROVE ARTIST AGREEMENT WITH EVELYN DAVIS FOR THE WEST

LITTLE LLAGAS CREEK TRAIL PROJECT
Recommendation:

Authorize the City Manager to execute and administer an artist agreement with Evelyn Davis for an amount not-to-exceed $17,500 for a Steelhead Trout Sculpture.

7. APPROVE THE APRIL 6, 2022 AND THE APRIL 20, 2022 CITY COUNCIL

MEETING MINUTES
Recommendation:

Approve the April 6, 2022 and the April 20, 2022 City Council Meeting Minutes.

OTHER BUSINESS

8. APPROVE MORGAN HILL OUTDOOR DINING PROGRAM AND PARKLET

GRANT FUNDING PROGRAM
Recommendation:

1. Approve the Morgan Hill Outdoor Dining Program, Manual, and Implementation Timeline; and

2. Approve the Parklet Grant Funding Program.

Economic Development Coordinator Brittney Sherman provided a presentation and report. Economic Development Director Matt Mahood, Assistant City Manager for Development Services Edith Ramirez, and Police Chief Shane

May 4, 2022
8 Palsgrove answered questions.

Public comment opened at 8:25 p.m. The following people were called to speak:

Joe Baranowski
Nick Gaich
Ray
Sally Casas
Tiffany
There being no further requests to speak, public comment closed.

MOTION:

Substitute motion:

Directing staff to conduct a community meeting to get feedback on the parklet program and come back to the council.

RESULT: Failed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Martinez Beltran NAYS: Mayor Constantine, Mayor Pro Tem Borgioli, Council Member McKay
ABSTAIN: None
ABSENT: None
MOTION:

Approving the recommended actions.

RESULT: Passed
MOVER: Council Member McKay
SECONDER: Mayor Pro Tem Borgioli
AYES: Mayor Constantine, Mayor Pro Tem Borgioli, Council Member McKay
NAYS: Council Member Spring, Council Member Martinez Beltran ABSTAIN: None
ABSENT: None
The meeting recessed at 9:15 p.m. and reconvened at 9:25 p.m.

May 4, 2022
9 9. INTRODUCE THE RECOMMENDED FISCAL YEAR (FY) 2022-23 AND FY 2023-24 BIENNIAL OPERATING AND FY 2022-23 THROUGH FY 2027-28

CAPITAL IMPROVEMENT PROGRAM BUDGETS
Recommendation:

Receive the Introduction to the Recommended Budget Presentation Item 10 was heard before item 9.

City Manager Christina Turner provided a presentation and report.

Public comment opened at 10:22 p.m. The following people were called to speak:

Joe Baranowski
Sally Casas
There being no further requests to speak, public comment closed.

Report Received.

10. ADOPT RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF

A BOND ISSUANCE AGREEMENT TO REFINANCE AT LOWER INTEREST RATES CERTAIN OUTSTANDING 2014 WATER REVENUE BONDS AND

AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO
Recommendation:

Adopt a resolution approving the execution and delivery of a Bond Issuance Agreement and authorizing certain other matters relating thereto.

Item 10 was heard before item 9.

Finance Director Dat Nguyen provided a presentation and report.

Public comment opened at 9:32 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Martinez Beltran
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran

May 4, 2022
10 NAYS: None
ABSTAIN: None
ABSENT: None

PUBLIC HEARINGS

11. INITIATE ANNUAL ASSESSMENT PROCESS FOR LANDSCAPE
ASSESSMENT DISTRICT NUMBER 1
Recommendation:

Adopt resolutions approving the following actions:

1. Initiate the proceedings for the levy of assessments for Fiscal Year 2022- 23;

2. Approve the Engineer's Annual Report and the proposed assessment levy; and

3. Declare the City Council's intention to levy the assessments in the District and to set the Public Hearing date for June 1, 2022.

Maintenance Manager Keri Russell provided the report.

The public hearing opened at 10:29 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended actions.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Mayor Pro Tem Borgioli
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member McKay asked for a way to monitor outside committee assignments to

May 4, 2022
11 identify when an alternate is needed and to share how we voted at those committees.

ADJOURNMENT
There being no further business, Mayor Constantine adjourned the meeting at 10:31 p.m.

Minutes Prepared by:

Michelle Bigelow, City Clerk

11 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Michelle Bigelow, City Clerk
APPROVED BY: City Manager
ADOPT CITY COUNCIL DISTRICT MAP "NDC GREEN" OR AN

ALTERNATIVE LEGALLY ACCEPTABLE MAP

RECOMMENDATION(S)

1. Review and adopt an alternative redistricting map based upon the court order from May 9, 2022, directing the City Council to adopt a new legally acceptable district map; and

2. Approve an amended resolution identifying the alternative City Council District map.

Estimated Time: 45 Minutes

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Fiscal Sustainability
Community Engagement, Outreach, and Messaging
REPORT NARRATIVE:

On March 2, 2022, the Council adopted Map 103 as the new district map for City Council elections. Map 103 largely retains the existing districts, which were established in 2017. Following the 2017 ordinance establishing district elections, the state enacted the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (“FAIR MAPS Act”). Among other things, the FAIR MAPS Act adds prioritized criteria for redistricting.

On March 23, 2022, the City Council received a letter from the Nielsen Merkskamer law firm demanding that the City cure its violation of the FAIR MAPS Act. On April 6, 2022, the City Council reaffirmed its action adopting Map 103 as the City's new district map.

Following this action, the plaintiffs filed a lawsuit against the City challenging Map 103,

11 alleging that the map was not legal and did not meet the requirements of the Fair Maps Act. At the hearing on March 9, 2022, the judge determined that Map 103 was not legal due to lack of compliance with the contiguity requirement and directed the City Council to select a map that met the Fair Maps Act criteria. The purpose of this hearing is to comply with the court order and give the Council the opportunity to adopt a new district map that conforms to the legal requirements.

The Council may only adopt a map that has been circulated for at least 7 days and one that meets the requirements of the FAIR MAPS Act. Only the NDC Green Map, NDC Map 108, Public Map 104, and Public Map 106 meet these criteria. The Court has ordered the Council to adopt a legal map and return to Court on May 23, 2022, to demonstrate that the court order has been complied with. Due to the seven-day map circulation requirement, the Council does not have time to make changes to any of these maps and still meet the Court deadline. Should the Council fail to act, the Court will likely adopt any map proposed by the Plaintiffs. It is likely that plaintiffs would request that the NDC Green Map be adopted. Two of the five members of the City Council have already voted in favor of adopting the NDC Green Map, so that map may be an appropriate starting point for the discussion.

Redistricting Background
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the City of Morgan Hill had a deadline of April 17, 2022.

The City adopted its current district boundaries on September 6, 2017, based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, adopted by the California legislature as AB 849, which took effect January 1, 2020.

Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c)):
 Comply with the US Constitution, the California Constitution, and the federal Voting Rights Act of 1965, including the federal requirement that districts maintain equal populations
 Geographically contiguous
 Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)
 Easily identifiable boundaries
 Compact (do not bypass one group of people to get to a more distant group of people)
 Shall not favor or discriminate against a political party

11 Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
 Minimize the number of voters delayed from voting in 2022 to 2024; Respect voters’ choices/continuity in office
 Future population growth
Elections Code Section 21607.1 directs that the City must conduct at least four (4) public hearings throughout the redistricting process; one (1) Public Hearing before maps are drawn, at least two (2) Public Hearings after draft maps are drawn, and one (1) public hearing scheduled on an evening or weekend, at which time the public is invited to provide input regarding the composition of the districts.

The required public hearings have been held.

COMMUNITY ENGAGEMENT:

Consult.

The City Clerk’s Office and Communications Team implemented the following community outreach plan:

Public Messaging via Social Media, City’s Website, Press Releases, newsletters, and other public communications, in English and Spanish, including:
 At least four City Council Public Hearings
 Social media engagement on Facebook, Instagram, Twitter, and NextDoor  Updated webpage on City’s website for redistricting updates and information  Information provided via website newsflashes, eblasts, “Morgan Hill Weekly 411,” and print
 Press releases sent to various outlets and groups, including individuals and churches who have connections to our Spanish-speaking community  Public notices posted at City facilities
 Display advertisements on local public access network by using Channel 17  Informational tables at the Farmer’s Market, Friday Night Music Series, local coffee shops, St Catherine's Church following the English and Spanish mass, and other public spaces
 Virtual Town Halls
 Online Interactive Tools:
o Updated online interactive mapping tools were available to allow residents to draw their district boundary lines. The City’s consulting demographer provided training for the public on how to use the new online mapping tools.

11 ALTERNATIVE ACTIONS:

The City Council can determine whether to

1. Adopt the NDC Green Map; or

2. Approve an amended resolution identifying a different district map – NDC Map 108, Public Map 104, or Public Map 106.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
 January 29, 2021, Annual Goal Setting Workshop - City Council received a presentation outlining the requirements and process for redistricting.  May 5, 2021, City Council Meeting - the City Council voted to move forward with a staff-led redistricting process.
 August 6, 2021, Mid-Year Goal Review Workshop - City Council received an update on the redistricting process.
 August 18, 2021, City Council Meeting- The City Council held the first of four required public hearings in the redistricting process to receive an update on the process and request feedback on Communities of Interest.  October 20, 2021, City Council Meeting- The City Council held the second of four required public hearings in the redistricting process to receive an update on the state-adjusted Census data, and receive a demonstration on available mapping tools.
 December 15, 2021, City Council Meeting - The City Council held the third of four required public hearings in the redistricting process to review the draft maps submitted to date.
 February 16, 2022, City Council Redistricting Workshop - The City Council and community reviewed and discussed the draft maps and Council directed staff to bring maps 103, 104, 106, 108, and NDC green to the March 2, 2022 Public Hearing for discussion and possible adoption.
 March 2, 2022, the City Council held the fourth of four required public hearings and adopted Map 103.
 April 6, 2022, the City Council held a public hearing and reaffirmed the adoption of map 103.

FISCAL AND RESOURCE IMPACT:

The legal action brought against the City as a result of the adoption of Map 103, led to legal costs in the approximate range of $80,000 to $100,000. Once total costs are known, staff will determine whether a budget amendment is necessary.

CEQA (California Environmental Quality Act):

11 Not a Project.

The reformatting of electoral districts is not a project as defined in Section 15060(c) of the State CEQA Guidelines.

RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL ADOPTING A REVISED ELECTORAL
DISTRICT MAP FOLLOWING THE 2020 FEDERAL
CENSUS
WHEREAS, the City Council must review and if needed adjust city council district boundaries every ten years using decennial census data so that the districts remain substantially equal in population as required by federal law—a process commonly known as redistricting; and
WHEREAS, the 2020 Census data shows that Morgan Hill’s current districts are population balanced, with a deviation between District A (the least populated district) and District D (the most populated district) of nearly 6%. However, District D as drawn does not meet the FAIR MAPS Act requirement of contiguity and as such, the City must adjust its district boundary lines by adopting a final district map before the statutory deadline of April 17, 2022, which has been extended by Court order to the review date of May 23, 2022; and WHEREAS, between August 18, 2021, and February 16, 2022, the City Council held three public hearings, and a workshop to review 11 map submissions from members of the public. The City Council considered input from workshops, town halls, public comments, and communities of interest submission on the draft map; and WHEREAS, on February 16, 2022, the City Council held a workshop to review eleven maps. After considering public input, they recommended five maps be brought to the March 2, 2022, public hearing for consideration; and
WHEREAS, on February 23, 2022, the City published the maps recommended by the Council on its redistricting website and made the maps available to the public; and WHEREAS, on March 2, 2022, the City Council held a public hearing Pursuant to Elections Code Section 10010(a)(2) to receive public comment on the recommended maps; and WHEREAS, on March 2, 2022, the City Council adopted the map identified as Map 103; and
WHEREAS, on April 6, 2022, the City Council reconsidered its March 2, 2022, action adopting Map 103; and
WHEREAS, after considering the draft maps and public input, the City Council desires to adopt updated city council electoral district maps to ensure that the City’s districts comply with the law; and
WHEREAS, this resolution rescinds and replaces City Council resolution 2022-013 adopted on March 2, 2022.

City of Morgan Hill
Resolution No. 22-XXX

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

1. The City Council electoral district map entitled _____ attached as Exhibit A is hereby approved and adopted.

2. The City Council districts specified in Exhibit A shall remain in effect until otherwise legally modified by the City Council or by order of the court.

3. This Resolution and its Exhibit shall be published and available on the City website for as long as the City Council districts approved by this resolution are in effect.

4. The City Clerk or designee, in conjunction with the Demographer, is hereby authorized and directed to provide a copy of this resolution to and work with the Santa Clara County Registrar of Voters to conduct any additional acts necessary to complete the redistricting process in a timely fashion to permit implementation of this district map in connection with the election to be held on November 8, 2022, including, without limitation, minor adjustments to the adopted map as may be necessary for its implementation.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the May 18, 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 May 18, 2022.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

A
C
B
D
101
101
E Dunne Ave
Peebles Ave Cochrane
Rd
Llagas Rd
Monterey St
W Main Ave
Watsonville
Rd
National Demographics Corporation, December 7, 2021
City of Morgan HillRedistricting 2021 NDC Green Map
©2021 CALIPER
Este mapa muestra un enfoque mínimo de cambios en el mapa.

District A B C D Total
2020 2020 Census (Raw) 11,509 11,093 11,117 11,847 45,566 Deviation from ideal 118 -299 -275 456 754
% Deviation 1.03% -2.62% -2.41% 4.00% 6.62%
% Hisp 39% 30% 39% 26% 33%
% NH White 43% 43% 40% 50% 44%
% NH Black 3% 3% 2% 3% 3%
% Asian-American 12% 22% 16% 18% 17%
Total 7,020 6,784 7,083 9,019 29,905
% Hisp 25% 26% 28% 19% 24%
% NH White 56% 54% 53% 60% 56%
% NH Black 3% 2% 2% 3% 2%
% Asian/Pac.Isl. 14% 17% 16% 17% 16%
Total 6,807 6,989 6,468 7,855 28,119
% Latino est. 25% 24% 27% 20% 24%
% Spanish-Surnamed 23% 22% 24% 18% 22%
% Asian-Surnamed 5% 12% 9% 9% 9%
% Filipino-Surnamed 1% 2% 2% 2% 2%
% NH White est. 66% 61% 62% 67% 64%
% NH Black 3% 2% 2% 2% 2%
Total 4,151 3,840 3,900 5,128 17,019
% Latino est. 20% 20% 22% 17% 20%
% Spanish-Surnamed 19% 18% 21% 16% 18%
% Asian-Surnamed 4% 9% 7% 8% 7%
% Filipino-Surnamed 1% 2% 1% 1% 1%
% NH White est. 72% 68% 68% 72% 70%
% NH Black 3% 1% 2% 2% 2%
Total 5,806 6,004 5,428 6,880 24,118
% Latino est. 24% 23% 25% 19% 22%
% Spanish-Surnamed 22% 21% 23% 17% 21%
% Asian-Surnamed 6% 12% 9% 9% 9%
% Filipino-Surnamed 1% 2% 2% 2% 2%
% NH White est. 67% 62% 64% 68% 66%
% NH Black est. 3% 2% 2% 2% 2%
ACS Pop. Est. Total 10,604 10,116 11,219 12,581 44,520
age0-19 29% 29% 27% 27% 28%
age20-60 50% 53% 53% 53% 52%
age60plus 22% 18% 20% 21% 20%
immigrants 17% 18% 22% 17% 18%
naturalized 54% 62% 52% 71% 59%
english 74% 68% 66% 74% 70%
spanish 18% 18% 20% 12% 17%
asian-lang 6% 9% 8% 8% 8%
other lang 2% 4% 6% 6% 5%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 10% 16% 8% 11%
hs-grad 36% 38% 43% 39% 39%
bachelor 34% 26% 21% 31% 28%
graduatedegree 12% 17% 14% 15% 15%
Child in Household child-under18 35% 45% 36% 39% 39%
Pct of Pop. Age 16+ employed 65% 65% 67% 69% 67%
income 0-25k 8% 9% 6% 7% 7%
income 25-50k 12% 9% 15% 12% 12%
income 50-75k 11% 9% 15% 9% 11%
income 75-200k 44% 39% 45% 45% 43%
income 200k-plus 25% 34% 19% 28% 26%
single family 82% 90% 79% 89% 85%
multi-family 18% 10% 21% 11% 15%
rented 28% 17% 36% 25% 27%
owned 72% 83% 64% 75% 73%
Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC.

Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Morgan Hill - NDC Green Map
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)

A
C
B
D
101
101
E Dunne Ave
Peebles Ave
Cochrane
Rd
Llagas Rd
Monterey St
W Main Ave
Watsonville
Rd
National Demographics Corporation, February 8, 2022
City of Morgan HillRedistricting 2022 Public Map 104
©2021 CALIPER

Public Map 104
District A
Total Pop 11,174
Deviation from ideal -218
% Deviation -1.91%
% Hisp 38.8%
% NH White 43%
% NH Black 3%
% Asian-American 11%
Total 6,992
% Hisp 25%
% NH White 57%
% NH Black 4%
% Asian/Pac.Isl. 14%
Total 6,657
% Latino est. 25%
% Spanish-Surnamed 23%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 66%
% NH Black 3%
Total 5,663
% Latino est. 24%
% Spanish-Surnamed 22%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black 3%
Total 4,058
% Latino est. 19%
% Spanish-Surnamed 18%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black est. 3%
ACS Pop. Est. Total 10,413
age0-19 29%
age20-60 50%
age60plus 21%
immigrants 18%
naturalized 55%
english 73%
spanish 19%
asian-lang 6%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 37%
bachelor 35%
graduatedegree 12%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 65%
income 0-25k 8%
income 25-50k 13%
income 50-75k 12%
income 75-200k 43%
income 200k-plus 24%
single family 81%
multi-family 19%
rented 30%
owned 70%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

B
11,801
409

3.59%
30%
42%
3%
21%
7,187
25%
53%
2%
17%
7,376
24%
22%
12%
2%
61%
2%
6,333
23%
21%
12%
2%
62%
2%
4,044
20%
18%
9%
2%
67%
2%
10,715
28%
54%
18%
20%
61%
68%
18%
9%
4%
10%
38%
26%
17%
44%
65%
10%
9%
9%
39%
33%
89%
11%
17%
83%
C
11,117
-275
-2.41%
39%
40%
2%
16%
7,083
28%
53%
2%
16%
6,468
27%
24%
9%
2%
62%
2%
5,428
25%
23%
9%
2%
64%
2%
3,900
22%
21%
7%
1%
68%
2%
11,219
27%
53%
20%
21%
52%
66%
20%
8%
6%
16%
43%
21%
14%
36%
67%
6%
15%
15%
45%
19%
79%
21%
36%
64%
D
11,474
82 0.72%
26%
50%
3%
18%
8,643
19%
60%
2%
17%
7,618
20%
18%
10%
2%
68%
2%
6,694
19%
17%
9%
2%
69%
2%
5,017
18%
16%
8%
1%
72%
2%
12,172
27%
53%
21%
16%
71%
74%
12%
8%
6%
8%
39%
31%
16%
39%
69%
7%
11%
8%
46%
29%
90%
10%
23%
77%
Total
45,566
684

6.00%
33%
44%
3%
17%
29,905
24%
56%
2%
16%
28,119
24%
22%
9%
2%
64%
2%
24,118
22%
21%
9%
2%
66%
2%
17,019
20%
18%
7%
1%
70%
2%
44,520
28%
52%
20%
18%
59%
70%
17%
8%
5%
11%
39%
28%
15%
39%
67%
7%
12%
11%
43%
26%
85%
15%
27%
73%
02/08/2022 9:54 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

A
C
B
D
101
101
E Dunne Ave
Peebles Ave
Cochrane
Rd
Llagas Rd
Monterey St
W Main Ave
Watsonville
Rd
Monterey Rd
National Demographics Corporation, February 8, 2022
City of Morgan HillRedistricting 2022 Public Map 106
©2021 CALIPER

Public Map 106
District A
Total Pop 11,340
Deviation from ideal -52
% Deviation -0.46%
% Hisp 38.8%
% NH White 43%
% NH Black 3%
% Asian-American 11%
Total 7,084
% Hisp 25%
% NH White 57%
% NH Black 4%
% Asian/Pac.Isl. 14%
Total 6,739
% Latino est. 26%
% Spanish-Surnamed 23%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 66%
% NH Black 3%
Total 5,722
% Latino est. 24%
% Spanish-Surnamed 22%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 67%
% NH Black 3%
Total 4,094
% Latino est. 20%
% Spanish-Surnamed 18%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 72%
% NH Black est. 3%
ACS Pop. Est. Total 10,586
age0-19 29%
age20-60 50%
age60plus 21%
immigrants 18%
naturalized 55%
english 73%
spanish 19%
asian-lang 6%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 37%
bachelor 34%
graduatedegree 12%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 65%
income 0-25k 8%
income 25-50k 13%
income 50-75k 12%
income 75-200k 43%
income 200k-plus 24%
single family 80%
multi-family 20%
rented 31%
owned 69%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

B
11,030
-362
-3.18%
29%
43%
3%
22%
6,769
26%
52%
2%
17%
6,928
23%
21%
12%
2%
61%
2%
5,983
22%
20%
12%
2%
63%
2%
3,896
19%
18%
9%
2%
68%
2%
10,114
29%
53%
18%
20%
62%
69%
17%
9%
5%
9%
38%
27%
17%
45%
64%
10%
8%
8%
39%
35%
91%
9%
14%
86%
C
11,761
369

3.24%
39%
40%
2%
16%
7,416
28%
54%
2%
15%
6,861
27%
25%
9%
2%
62%
2%
5,743
25%
23%
9%
2%
63%
2%
4,026
22%
21%
7%
1%
68%
2%
11,673
27%
53%
20%
21%
52%
65%
21%
8%
5%
16%
43%
21%
14%
36%
68%
6%
16%
15%
44%
19%
79%
21%
36%
64%
D
11,435
43 0.38%
26%
50%
3%
18%
8,637
19%
60%
2%
17%
7,591
20%
18%
9%
2%
68%
2%
6,670
19%
17%
9%
2%
69%
2%
5,003
17%
16%
8%
1%
72%
2%
12,147
27%
53%
21%
15%
71%
74%
12%
8%
6%
8%
39%
31%
16%
39%
69%
7%
11%
8%
46%
29%
90%
10%
23%
77%
Total
45,566
731

6.42%
33%
44%
3%
17%
29,905
24%
56%
2%
16%
28,119
24%
22%
9%
2%
64%
2%
24,118
22%
21%
9%
2%
66%
2%
17,019
20%
18%
7%
1%
70%
2%
44,520
28%
52%
20%
18%
59%
70%
17%
8%
5%
11%
39%
28%
15%
39%
67%
7%
12%
11%
43%
26%
85%
15%
27%
73%
02/09/2022 0:14 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

A
C
B
D
101
101
E Dunne Ave
Peebles Ave
Cochrane
Rd
Llagas Rd
Monterey St
W Main Ave
Watsonville
Rd
National Demographics Corporation, February 14, 2022
City of Morgan HillRedistricting 2022 NDC Map 108
©2021 CALIPER

NDC 108
District A
Total Pop 11,167
Deviation from ideal -225
% Deviation -1.98%
% Hisp 38.0%
% NH White 43%
% NH Black 3%
% Asian-American 12%
Total 6,804
% Hisp 24%
% NH White 57%
% NH Black 3%
% Asian/Pac.Isl. 14%
Total 6,669
% Latino est. 25%
% Spanish-Surnamed 23%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 66%
% NH Black 3%
Total 5,695
% Latino est. 23%
% Spanish-Surnamed 22%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black 3%
Total 4,092
% Latino est. 19%
% Spanish-Surnamed 18%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black est. 3%
ACS Pop. Est. Total 10,206
age0-19 29%
age20-60 50%
age60plus 22%
immigrants 18%
naturalized 55%
english 75%
spanish 18%
asian-lang 6%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 8%
hs-grad 36%
bachelor 35%
graduatedegree 13%
Child in Household child-under18 35%
Pct of Pop. Age 16+ employed 65%
income 0-25k 8%
income 25-50k 11%
income 50-75k 11%
income 75-200k 44%
income 200k-plus 25%
single family 83%
multi-family 17%
rented 27%
owned 73%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

B
11,445
53 0.47%
29%
42%
2%
24%
7,088
26%
50%
2%
20%
7,172
23%
21%
13%
2%
60%
2%
6,194
22%
20%
13%
2%
62%
2%
3,996
19%
18%
10%
2%
67%
2%
10,617
28%
53%
18%
20%
64%
68%
17%
10%
5%
10%
38%
27%
17%
45%
64%
9%
8%
8%
39%
36%
92%
8%
14%
86%
C
11,383
-9
-0.08%
40%
41%
2%
14%
7,177
29%
55%
2%
13%
6,554
28%
26%
8%
2%
62%
2%
5,470
26%
24%
8%
2%
64%
2%
3,848
23%
21%
6%
1%
69%
2%
11,411
27%
53%
19%
21%
50%
65%
22%
8%
5%
16%
43%
21%
13%
36%
68%
6%
16%
15%
44%
18%
76%
24%
39%
61%
D
11,571
179

1.57%
26%
50%
3%
18%
8,836
19%
61%
3%
16%
7,724
20%
18%
9%
1%
68%
2%
6,759
19%
17%
9%
2%
69%
2%
5,083
17%
16%
7%
1%
72%
2%
12,286
27%
53%
21%
16%
71%
74%
12%
8%
6%
8%
39%
31%
15%
39%
69%
7%
12%
9%
45%
28%
88%
12%
25%
75%
Total
45,566
404

3.55%
33%
44%
3%
17%
29,905
24%
56%
2%
16%
28,119
24%
22%
9%
2%
64%
2%
24,118
22%
21%
9%
2%
66%
2%
17,019
20%
18%
7%
1%
70%
2%
44,520
28%
52%
20%
18%
59%
70%
17%
8%
5%
11%
39%
28%
15%
39%
67%
7%
12%
11%
43%
26%
85%
15%
27%
73%
02/15/2022 9:50 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

INFORME DEL PERSONAL DEL AYUNTAMIENTO
FECHA DE REUNIÓN: 19 de mayo de 2022
PREPARADO POR: Angie Gonzalez, secretaria de la ciudad
APROBADO POR: Administradora de la ciudad
ADOPTAR EL MAPA DEL DISTRITO DEL CONCEJO MUNICIPAL "NDC GREEN" O UN MAPA ALTERNATIVO LEGALMENTE ACEPTABLE
RECOMENDACIÓN (ES)

1. Revisar y adoptar un mapa alternativo de redistribución de distritos basado en la orden judicial de 9 de mayo de 2022, ordenando al Concejo Municipal que adopte un nuevo mapa de distrito legalmente aceptable; y

2. Aprobar una resolución enmendada que identifique el mapa alternativo del Distrito del Concejo Municipal.

PRIORIDADES, OBJETIVOS Y ESTRATEGIAS DEL CONSEJO
Prioridades continuas
Apoyando a nuestra juventud
Personas mayores
y toda la comunidad
Preservar y cultivar la confianza pública
Preservar la historia de nuestra comunidad
Mejorando la equidad
Diversidad e inclusión
Prioridades estratégicas 2020-2021
Sostenibilidad Fiscal
Alcance comunitario
Compromiso y mensajería
INFORME NARRATIVO:

El 2 de marzo de 2022, el Concejo adoptó el Mapa 103 como el nuevo mapa de distritos para las elecciones del consejo de la Ciudad. El mapa 103 conserva en gran medida los distritos existentes, que se establecieron en 2017. Luego de la ordenanza de 2017 que establece elecciones distritales, el estado promulgó la Ley de redistribución Justa e Inclusiva para Municipios y Subdivisiones Políticas (“Ley FAIR MAPS”). Entre otras cosas, la Ley FAIR MAPS agrega criterios priorizados para redistribución de distritos.

El 23 de marzo de 2022 el Ayuntamiento recibió una carta de los abogados Nielsen Merkskamer exigiendo que la Ciudad subsane su violación de la Ley FAIR MAPS. El 6 de abril de 2022, el Concejo Municipal reafirmó su decisión de adoptar el Mapa 103 como el nuevo mapa distrital de la Ciudad.

Luego de esta acción, los demandantes presentaron una demanda contra la Ciudad impugnando el Mapa 103, alegando que el mapa no era legal y no cumplía con los requisitos de Fair Maps

Act. En la audiencia del 9 de marzo de 2022, el juez determinó que el Mapa 103 no era legal por falta de cumplimiento del requisito de contigüidad y ordenó al Ayuntamiento para seleccionar un mapa que cumpliera con los criterios de la Ley de mapas justos. El objeto de esta audiencia es cumplir con la orden judicial y dar al Concejo la oportunidad de adoptar un nuevo mapa de distrito que se ajuste a los requisitos legales.

El Consejo sólo puede adoptar un mapa que se haya circulado durante al menos 7 días y uno que cumpla con los requisitos de la Ley FAIR MAPS. Solo el Mapa Verde de NDC, El mapa NDC 108, el mapa público 104 y el mapa público 106 cumplen estos criterios. El Tribunal ordenó al Consejo adoptar un mapa legal y regresar a la Corte el 23 de mayo de 2022, para demostrar que se ha cumplido la orden judicial. Debido al requisito de circulación de siete días, el Consejo no tiene tiempo para hacer cambios a ninguno de estos mapas y cumplir con la fecha límite del Tribunal. Si el Consejo no actúa, el Tribunal probablemente adoptará cualquier mapa propuesto por los Demandantes. Es probable que los demandantes solicitaran que se adopte el Mapa Verde de NDC. Dos de los cinco miembros de El Consejo de la Ciudad ya han votado a favor de adoptar el Mapa Verde de NDC, por lo que ese mapa puede ser un punto de partida apropiado para la discusión.

Antecedentes de redistribución de distritos
Cada diez años, las ciudades con sistemas electorales por distrito deben usar nuevos datos del censo para revisar y, si es necesario, vuelva a dibujar las líneas del distrito para reflejar cómo han cambiado las poblaciones locales. Este proceso, llamado redistribución de distritos, asegura que todos los distritos tengan una población casi igual. El proceso para la ciudad de Morgan Hill tenía como fecha límite el 17 de abril de 2022.

La ciudad adoptó los límites de su distrito actual el 6 de septiembre de 2017, según los datos del censo de 2010 como requerido por la ley. Los distritos ahora deben volver a dibujarse utilizando los datos del censo de 2020 y en cumplimiento con la Ley FAIR MAPS, adoptada por la legislatura de California como AB 849, que entró en vigencia en enero 1, 2020.

En virtud de la Ley, el Concejo Municipal trazará y adoptará los límites según los siguientes criterios en el orden de prioridad enumerado (Código Electoral 21601(c)):
• Cumplir con la Constitución de los EE. UU., la Constitución de California y las leyes federales de Derechos Electorales de 1965, incluido el requisito federal de que los distritos mantengan poblaciones iguales
• Geográficamente contiguos
• Barrios indivisos y “comunidades de interés” (áreas geográficas socioeconómicas que deben mantenerse juntas)
• Límites fácilmente identificables
• Compacto (no pasar por alto un grupo de personas para llegar a un grupo más distante de gente)
• No favorecerá ni discriminará a ningún partido político.

Una vez que se cumplen los criterios priorizados, se pueden considera otros principios tradicionales de redistribución, tales como:
• Minimizar el número de votantes retrasados de votar en 2022 a 2024; Respeto a opciones de los votantes/continuidad en el cargo
• Crecimiento futuro de la población.

La Sección 21607.1 del Código Electoral indica que la Ciudad debe realizar al menos cuatro (4) audiencias públicas durante todo el proceso de redistribución de distritos; una (1) Audiencia Pública antes de que mapas se dibujan, al menos dos (2) Audiencias Públicas después de que se dibujan los mapas preliminares, y una (1) audiencia pública programada para una noche o un fin de semana, en cuyo momento se invita al público a dar su opinión sobre la composición de los distritos.

Se han realizado las audiencias públicas requeridas.

COMPROMISO COMUNITARIO: Consultar
La Oficina de la Secretaria de la Ciudad y el Equipo de Comunicaciones han desarrollado el siguiente plan de alcance comunitario:

Mensajes públicos a través de las redes sociales, el sitio web de la ciudad, comunicados de prensa, boletines y otras comunicaciones públicas, en inglés y español, que incluyen:
• Participación en las redes sociales en Facebook, Instagram, Twitter y NextDoor tanto en inglés como en español
• Página web actualizada en el sitio web de la ciudad para redistribuir actualizaciones e información
• Información proporcionada a través de flashes de noticias del sitio web, eblasts, "Morgan Hill Weekly 411" e impresos
• Comunicados de prensa enviados a varios medios y grupos, incluidos individuos e iglesias que tienen conexiones con nuestra comunidad de habla hispana. • Avisos públicos publicados en las instalaciones de la ciudad • Mostrar anuncios en la red de acceso público local mediante el canal 17 • Anuncios publicitarios, infografías y videos
• Mesas informativas en Farmer's Market, Friday Night Music Series, cafeterías locales y otros espacios públicos.
• Ayuntamientos virtuales
• Herramientas interactivas en línea:
o Se establecerá una herramienta de mapeo interactivo en línea actualizado para permitir que los residentes tracen sus propias líneas. El demógrafo consultor de la ciudad brindará capacitación al público sobre cómo usar la nueva herramienta de mapeo en línea.

ACCIONES ALTERNATIVAS:

El Ayuntamiento puede determinar si

1. Adoptar el Mapa Verde de NDC; o

2. Aprobar una resolución modificada que identifique un mapa distrital diferente – NDC Map 108, Mapa público 104 o Mapa público 106.

ACCIONES PREVIAS DEL CONSEJO MUNICIPAL Y DE LA COMISIÓN:
29 de enero de 2021 Taller anual de establecimiento de metas: el Ayuntamiento recibió una presentación que describe los requisitos y el proceso para la redistribución de distritos.

En la reunión del Consejo de la Ciudad del 5 de mayo de 2021, el Consejo de la Ciudad votó para avanzar con un enfoque dirigido por el personal para el proceso de redistribución de distritos.

En el taller de revisión de metas de mitad de año del 6 de agosto de 2021, el Ayuntamiento recibió una actualización sobre el proceso de redistribución de distritos. 18 de agosto de 2021, reunión del consejo de la ciudad: el consejo de la ciudad celebró la primera de cuatro audiencias públicas requeridas en el proceso de redistribución de distritos para recibir una actualización sobre el proceso y solicitar comentarios sobre las comunidades de interés.
20 de octubre de 2021, reunión del consejo de la ciudad: el consejo de la ciudad celebró la segunda de las cuatro audiencias públicas requeridas en el proceso de redistribución de distritos para recibir una actualización de los datos del censo ajustados por el estado y una demostración de las herramientas de mapeo disponibles. 15 de diciembre de 2021, Reunión del Concejo Municipal: el Concejo Municipal celebró la tercera de las cuatro audiencias públicas requeridas en el proceso de redistribución de distritos para revisar los mapas preliminares presentado hasta la fecha. 16 de febrero de 2022, Taller de redistribución de distritos del Concejo Municipal: el Concejo Municipal y la comunidad revisaron y discutieron los mapas preliminares y el Concejo instruyó al personal a llevar los mapas 103, 104, 106, 108 y NDC verde al público del 2 de marzo de 2022 por una audiencia pública para discusión y posible adopción.
2 de marzo de 2022, el Concejo Municipal celebró la cuarta de las cuatro audiencias públicas requeridas y adoptó el Mapa 103.
6 de abril de 2022, el Concejo Municipal realizó una audiencia pública y reafirmó la adopción del mapa 103.

IMPACTO FISCAL Y DE RECURSOS:

La acción judicial interpuesta contra el Ayuntamiento a raíz de la adopción del Mapa 103, llevó a costos legales en el rango aproximado de $80,000 a $100,000. Una vez que los costos totales son conocido, el personal determinará si es necesaria una enmienda al presupuesto.

CEQA (Ley de Calidad Ambiental de California):

No es un proyecto
El reformateo de distritos electorales no es un proyecto como se define en la Sección 15060 (c) de las Directrices estatales de la CEQA.

From: D. Muirhead
To: CC Public Comment
Subject: [EXTERNAL] comment City Council May 18 #11 Alternative City Council District map Date: Monday, May 16, 2022 9:11:08 AM
Greetings Morgan Hill City Council, City Staff, and Residents, Comment for the Morgan Hill City Council meeting on May 18, 2022 #11 Alternative City Council District map
I am so tired of our elected officials who refused to obey state law and continue to divert us from other important issues.
"The Court finds that Public Map 103 ...violates the FAIR MAPS Act ... in particular the applicable contiguity requirement of the act ... because District D is not contiguous. No other provision of law authorizes the City Council's violation of Elections Code ..." I recommend that the three Council Members who voted for the map that the Court declared invalid donate their monthly pay to the General Fund until it is made whole for the estimated $80,000 to $100,000 legal costs that they inflicted on us.

Council Member Martinez Beltran submitted two variants of Map 103 (103A & 103B) on May 13, 2022. The staff report says
The Court has ordered the Council to adopt a legal map and return to Court on May 23, 2022, to demonstrate that the court order has been complied with. Due to the seven-day map circulation requirement, the Council does not have time to make changes to any of these maps and still meet the Court deadline.

So this is another waste of our time. And the Council Member again ignores the legal requirements for boundaries:
- Easily identifiable boundaries
- Compact (do not bypass one group of people to get to a more distant group of people)
Thank you for your consideration, Doug Muirhead, Morgan Hill WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

12 CITY COUNCIL STAFF REPORT
MEETING DATE: May 18, 2022
PREPARED BY:

Christina Turner, City Manager
APPROVED BY: City Manager

REVIEW CITY MANAGER'S RECOMMENDED FISCAL YEARS (FY)
2022-23 AND 2023-24 OPERATING BUDGET AND FY 2022-23
THROUGH 2027-28 CAPITAL IMPROVEMENT PROGRAM (CIP)
BUDGET

RECOMMENDATION(S)
Review and discuss the Recommended Budget, including community funding requests and the Impact Fee Freeze Program.

Estimated Time: 120 Minutes

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
Affordable Housing and Homelessness
Community Outreach, Engagement, and Messaging
Economic Development
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Economic Blueprint
Fire Services Standards of Coverage

12 Morgan Hill 2035 General Plan
Public Safety Master Plan
Storm Drain Master Plan
Vision Zero
Water System Master Plan
Wastewater System Master Plan
REPORT NARRATIVE:

During the City Council Meeting on Wednesday, May 18, 2022, the City Manager and Leadership Team will present to the City Council the Recommended Budget, details of the City Council's proposed budgeted expenditures, as well as recommendations for Community Funding and the Impact Fee Freeze Program.

Recommended City Budget
Guided by our goals and priorities, the Recommended Budget reflects the City’s current financial condition, which improved markedly from the very dire outlook forecasted in the last budget cycle. As a result of the fast economic recovery from the impact of the COVID-19 pandemic, most notably from the one-time influx of lost revenue from the Federal Government, as well as stronger than the projected growth of the City’s existing tax base, the recommended budget not only maintains existing service levels but is able to enhance some City services that are considered priorities by the Council and the Community. However, there remain uncertainties in our economic outlook that could easily alter the economic growth trajectory and our forecasts. With that said, the Recommended Budget provides the flexibility for the City Council and staff to adjust as necessary.

The total Recommended Budget is $204.2 million in FY 22-23 and $167.7 million in FY 23-24. FY 22-23 budget includes $52.5 million for General Fund expenditures, $58.5 million for CIP, and $93.2 million for non-General Fund expenditures. For FY 23-24, the Recommended Budget includes $54.1 million for General Fund expenditures, $39.8 million for CIP, and $73.8 million for non-General Fund expenditures. Details of each Division’s budget, project description, and funding requirements can be found in the accompanying operating departments and Capital Improvement Program sections of the Recommended Budget (Attachment 2).

Recommended Expenditures for the City Council's Budget Details for the recommended expenditures for the City Council's budget are included as attachment 3. The City Council's budget includes stipends for the Mayor and four Councilmembers. Supplies and services include software annual agreements, office and program supplies, as well as Community Funding.

Community Funding
Annually, the City Council considers funding requests from local non-profit organizations that host community-wide events. In November 2021, City Council adopted Council Policy CP-21-02 (Attachment 4), to establish a process for community organizations to request funding to support fee waivers, event sponsorship, and other funding requests from the City Council.

12 On February 11, 2022, staff provided Community Funding Request Applications to organizations that have previously received fee waivers for facility use, event support, or program support from the City of Morgan Hill. The applications were provided via email to these contacts. The application and information about the process was also posted on the City’s website, in the weekly 411, and on the City’s Facebook page. Applications were due on March 18, 2022, at 5:00 pm.

The City of Morgan Hill received applications from 18 organizations (see attachment 5), for a total of 22 applications. Some organizations submitted multiple applications for different events. The funding requests total approximately $285,000 (for comparison purposes, the FY 21-22 budget is $116,000). The requests include 11 new fee waiver requests and 8 organizations requesting significant increases in funding. The funding breakdown includes approximately $50,000 in fee waivers for use of the Community Center, $115,000 in funding to support events, and $120,000 to support programs.

Impact Fee Freeze Program
The original Impact Fee Freeze Program establishes and locks City’s Impact Fees using the FY 2016-17 rates for new industrial and commercial development provided the prospective development secures entitlements and submits for building permits within three years of the date of the agreement. In 2020, with a City Council update and review of this program, the base year was adjusted to FY 2017-18.

Staff recommends amending the program to use the current fiscal year fee schedule at the time of the agreement instead of the FY 2017-18 fee schedule. While this reduces the incentive to the development community, it still provides certainty that the fees will be locked in at the time of the agreement. This change will allow the City’s impact fee funds to recover a greater amount and support the development of the City’s infrastructure. Please see attached updates to the Impact Fee Freeze Program Guidelines (see attachment 6).

COMMUNITY ENGAGEMENT:

Involve
 March 24, 2022 Budget Town Hall (Virtual Zoom)
 May 4, 2022 Recommended Budget Presented to the City Council (Virtual Zoom)  May 14, 2022 City Booth at Sidewalk Saturdays (Near Coffee Guys on 3rd Street)
 May 18, 2022 Budget Open House (Downtown Amphitheater, Community and Cultural Center)
 May 18, 2022 Budget Workship (Virtual Zoom)

12  June 15, 2022 Budget Public Hearing/Adoption (Virtual Zoom) ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Recommended Budget was introduced to the City Council and the Community on May 4, 2022.

FISCAL AND RESOURCE IMPACT:

None.

CEQA (California Environmental Quality Act):

Not a Project

Budget Workshop
Fiscal Years 2022-23 and 2023-24
Biennial Budget
May 18, 2022

• Budget Process and Foundation
• Recommended Citywide Budget Summary
• Personnel
• General Fund
• Community Funding
• Impact Fee Freeze Program Update
Budget Presentation Overview
1

• City Council Budget
• Unfunded Liabilities
• Enterprise Funds
• Capital Improvement Program (CIP)
• Next Steps
• Questions and answers, Public Comment,
and Council Discussion
Budget Presentation Overview
2

Biennial Budget Process
3 January
1st Year
City Council Goal Setting
Workshop
February – April
Budget Development
April
Recommended Budget Made
Available to the Public
May
Budget Introduction/Workshop
June
Public Hearing and Budget
Adoption
January
2nd Year
City Council Goal Setting
Workshop
February – June
In-depth Budget Review Process
Mid-Cycle Update (Yr. 2)
Budget Adjustments, as needed

• Enhancing Public Safety
• Protecting the Environment and Preserving
Open Space and Agricultural Land
• Maintaining and Enhancing Infrastructure
• Supporting our Youth, Seniors, and Entire
Community
• Fostering a Positive Organizational Culture
City Council’s Ongoing Priorities
4

• Preserving and Cultivating Public Trust
• Preserving our Community History
• Enhancing Diversity and Inclusiveness
• Advancing Regional Initiatives
City Council’s Ongoing Priorities
(cont.)
5

• Fiscal Sustainability
• Affordable Housing and Homelessness
• Community Outreach, Engagement, and
Messaging
• Economic Development
• Transportation
City Council’s 2022-2023
Strategic Priorities
6

Major Funds - Discretionary
7 General Fund
• Public Safety, Recreation and Community Services, Street and Park Maintenance Services, Economic Development, and
Administration

Major Funds: Non-Discretionary
8 Development
Services Fund
• Provides
planning,
building and
land
development
engineering
services
Special
Revenue Funds
• Housing and
Environmental
Services
• Gas taxes
Capital Project
Funds
• Funds
infrastructure
related
projects for
streets, parks,
storm
drainage, and
public
facilities
Enterprise
Funds
• Provide for
Water and
Wastewater
Utilities’
Operations
and
Infrastructure
Improvements

Recommended Citywide Budget
Summary
9

Recommended Budget Summary
10

FY 2022-23 Recommended
Expenditures by Category
Total $204.2 million
11 Employee
Services
$44.9
Supplies &
Services
$38.9
Capital Outlay
$2.4
Debt Service
$12.3
Internal Services
$9.5
Transfers
$36.7
Project
Expenditures
$59.5
In Millions

Personnel
12

Organizational Chart
FY 2022-23
City Attorney City Manager
Administrative
Services
Public
Services
Development
Services
Police Fire
Risk
Management Legal
Human
Resources
Budget
Finance &
Utility Billing
Recreation and
Community
Services
Maintenance
Services
Environmental
Services
Current
Planning Building
Housing Long Range
Planning
Engineering
Utilities Support
Services
Special
Operations
Field
Operations
Fire
Administrative
Services
Fire Operations
Fire Marshal
Dispatch
City Council
Geographic
Information
Systems
Citizens of Morgan Hill
Code
Compliance
Economic
Development
Office of
Emergency
Operations
Information
Technology
Administration
Council Services
Communications
and Engagement

13 History of Full-Time Equivalents
(FTE)
14 168.85 169.50
174.00
182.00
187.50
193.50 195.00 196.00 193.50
189.75
198.25
203.75 203.75
150
160
170
180
190
200

• Multi Service Officer (1.0 FTE)
• Community Service Officer (1.0 FTE)
• Public Safety Dispatcher (1.0 FTE)
• Police Records Specialist (0.5 FTE)
• Code Compliance Officer (1.0 FTE)
• Environmental Programs Coordinator (1.0 FTE)
Proposed FTE Additions
15

General Fund
16

FY 2022-23 Recommended
General Fund Resources by
Category
17 Sales Tax
24%
Property Tax
33%
Hotel Tax
5%
Other
Taxes
6%
Charges for
Current Services
16%
Other (licenses
& permits, fines)
7%
Transfers In
6%
Use of Fund
Balance
3%

Property Tax
FY 22-23 $17.4 million
FY 23-24 $18.0 million
18 45%
School K-12
16%
ERAF
14%
County
10%
City of
MH
6%
Comm.

College
6%
Special
District
3%
Other

Sales Tax
FY 22-23 $12.5 million
FY 23-24 $12.7 million
19 State

6.0%
City of MH

1.0%
Local Transportation Fund

0.25%
1976 Transit

0.50%
VTA 2000 Measure A

0.50%
VTA 2008 Measure B

0.125%
VTA 2016 Measure B

0.50%
County Measure A

0.125%
Caltrain Measure RR

0.125%
Allocation of Sales Tax Rate
(Current Sales Tax Rate 9.125%)

Transient Occupancy Tax (TOT)
FY 22-23 $2.6 million
FY 23-24 $2.8 million
20 $2.2
$2.6
$2.8
$3.0
$3.4 $3.5 $3.6
$0
$1
$1
$2
$2
$3
$3
$4
$4
Projected RecommendedRecommended Forecast Forecast Forecast Forecast 21-22 22-23 23-24 24-25 25-26 26-27 27-28
Millions
TOT

21 $4.6
$6.2
$6.9
$7.3 $7.5 $7.7 $7.9
$0
$1
$2
$3
$4
$5
$6
$7
$8
$9
Projected RecommendedRecommended Forecast Forecast Forecast Forecast 21-22 22-23 23-24 24-25 25-26 26-27 27-28
Millions
Recreation and Facility Rentals Revenue
Recreation and Facility Rentals Revenue
FY 22-23 $6.2 million
FY 23-24 $6.9 million

22 Recreation and Facility Rentals Revenue
($2.5)
($2.0)
($1.5)
($1.0)
($0.5)
$0.0
$0.5
FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 Millions (S)
Historical General Fund Net Impact

Per Capita Discretionary Tax
Revenue
23 $-
$200
$400
$600
$800
$1,000
$1,200
$1,400
$1,600
$1,800
$2,000
* Property Tax amount includes Santa Clara County Central Fire District FY 21-22 **FY 18-19 Data for Monte Sereno

General Fund Forecast
24 51% 52%
47%
44% 42%
51% 50%
46%
39%
32%
26%
20%
0%
10%
20%
30%
40%
50%
60%
Year End Projection Recommended Recommended Forecast Forecast Forecast Forecast 21-22 22-23 23-24 24-25 25-26 26-27 27-28
GF Forecast at Goal Setting Fund Balance Minimum Level 15% of Revenues Fund Balance Goal 25% of Revenues GF Forecast (Recommended Budget May 2022) Includes recommended
service enhancements

General Fund Unfunded Needs
25 Category At Goal Setting Recommended
Budget
Notes on
Remaining Needs
Police $1.3M $0.7M
3 Sworn Officers and
equipment
replacement
Fire 2.3M - -
Revenue Loss from
RDCS Suspension 1.0M 1.0M
Park maintenance,
storm drain systems,
pedestrian safety
and infrastructure
repair/replacement,
and agricultural and
open space
preservation
Total General Fund
Unfunded Needs $4.6M $1.7M

3rd Fire Station Funding
26 Funding for 3rd Fire Station FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Total Personnel $ 519,691 $ 750,675 $ 1,403,709 $ 1,488,895 $ 1,578,339 $ 1,672,256 $ 7,413,566 Non-Personnel & Equipment - - 200,000 210,000 220,500 231,525 862,025 Total Funding for 3rd Fire Station $ 519,691 $ 750,675 $ 1,603,709 $ 1,698,895 $ 1,798,840 $ 1,903,782 $ 8,275,591

Proposed revised allocation from the annual General
Fund budget savings, if any, will be as follows:
• 20% to Public Safety Equipment Replacement
Fund
• 20% to Street CIP for pavement and rehabilitation
of City streets
• 20% to Section 115 Trusts for OPEB and PERS
Rate Stabilization Funds
• 10% to Park Maintenance for maintaining of City
parks
• 30% to the Unassigned General Fund Reserve
Amendment to Fiscal Policy A.9
27

Community Funding
28

• 22 Applications from 18 organizations received
• $260,078 in total funding requested
• Staff recommended funding:
• $44,051 in Fee Waivers
• $152,029 in Cash Funding
Community Funding
29

Impact Fee Freeze Program Update
30

• Created in 2017 and revised in 2020 to support
industrial and commercial development
• Program locks in City’s impact fees at 2017-18 fee
schedule
Impact Fee Freeze Program
31

• The program requires development within 3 years
• Project must repay the savings created within 10 years • Agreements of $100,000 or more must be approved by
the City Council
Impact Fee Freeze Program (cont.)
32

Approved and Active Fee Freeze Projects
33 Project Approved Expiration Status Project
Shoe Palace 10/17/2018 6/30/2020 Project in final
construction phases
503,400 sq. ft industrial building,
headquarters for Shoe Palace
Evergreen
Development Company 10/17/2018
6/30/2022
Extended
due to
COVID
Overall site
construction
underway, Individual
projects under
review
185,000 sq. ft proposed build out
SV Glass 12/5/2018 6/30/2021 Project completed 31,172 sq. ft. industrial building Carpenter’s Union 1/23/2019 6/30/2021 Project completed 55,000 sq. ft. industrial building
to be used as a training and
education facility
Applied Motion Products 6/3/2020 6/30/2022 Project completed 21,000 sq. ft
industrial building, headquarters
for a business-to-business
operator
Cardinale -
Chrysler/Dodge/Ram/Jeep 12/2/2020 12/31/2023 Project under construction 27,000 sq. ft new vehicle
dealership

Property Tax Trends After Project
Completion
34 $39,712
$76,442
$37,623
$96,846 $63,636
$124,518
$88,037
$735,866
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Applied Motion Products Carpenter's Union SV Glass Shoe Palace Total Secured Property Tax Assessment
(1% of Valuation)
2019 2020 2021 2022

City Council Budget
35

City Council Recommended
Budget
36 Description FY 2023 FY 2024
Personnel $61,000 $61,000
Non-Personnel
Community Funding 200,000 200,000
Training & Education 7,000 7,000
Conferences & Meetings 11,000 11,000
Memberships & Dues 38,000 39,000
Other Supplies & Services 58,000 58,000
Internal Services &
Transfers
56,000 59,000
Total City Council
Recommended Budget
$431,000 $435,000

Unfunded Liabilities
37

Total Unfunded Liabilities -
$61.1 million
38 • Public Employees Retirement System (PERS) -
$57.3 million
• Other Postemployment Benefits (OPEB) - $3.8
million
• General Fund Share = 67% or $40.9 million
• Current Funded Status
• Misc. Plan - 71.8%
• Safety Plan - 68.0%

Pension - Funded Status
39 Agency Name Safety Plan Misc. Plan
Morgan Hill 68.00% 71.80%
Monte Sereno N/A 84.70%
Saratoga N/A 82.00%
Los Altos Hills N/A 81.80%
Mountain View 70.30% 73.10%
Los Gatos 70.40% 71.80%
Campbell 68.60% 71.60%
Santa Clara (County) 67.40% 69.30%
Sunnyvale 66.20% 69.20%
Gilroy 67.70% 68.20%
Milpitas 62.40% 67.80%
Los Altos 67.80% 67.60%
Cupertino N/A 65.90%
Palo Alto 60.30% 65.10%
Santa Clara (City) 62.90% 60.60%
Valuation reports as of FY19-20.

CalPERS funded status for public agencies is 71.1% as of FY19-20.

Groups Count %
Classic 106 58%
PEPRA 77 42%
Total 183 100%

Pension – Employee Cost Sharing
40 8.00%

7.00%

9.00%

13.00%

6.12%

6.12%

6.12%

1.15%
0%
2%
4%
6%
8%
10%
12%
14%
16%
Misc. - Classic Misc. - PEPRA Safety - Classic Safety - PEPRA Employee Contribution Employee Share of Employer Cost

Enterprise Funds
41

Water
• Water rate increases assumed starting
in 2022 and over the next five years
Wastewater
• Wastewater rate update approved in
2019, includes five years of rate
adjustments
Enterprise Funds
42

Annual Water Production
43 36,000
38,000
40,000
42,000
44,000
46,000
48,000
0 500
1,000
1,500
2,000
2,500
3,000
3,500
2013 2014 2015 2016 2017 2018 2019 2020 2021
Gallons (in millions) Population
Population Gallons

Capital
Improvement
Program
(CIP)
44

• A Capital Improvement Program (CIP) is a multi-year
planning document used by the City to identify capital
improvement projects and coordinate the financing and
timing of the projects.
• The CIP is a 6-year spending plan that identifies projects, priorities, and financing.
• The CIP is drafted every two years to coincide with the City of Morgan Hill’s biennial budget.
• CIP funding is appropriated for the first two fiscal years of the spending plan.

Capital Improvement Program
(CIP)
45

Review of Infrastructure Planning Documentation
• Bikeways, Trails, Parks and Recreation Master Plan
• Master Street Tree Plan
• Sewer System Master Plan
• Storm Drainage Master Plan
• Water System Master Plan
• Vision Zero Morgan Hill
• Community Based Transportation Plan
• Climate Action Plan
CIP Planning Guidance
46

Other Essential Inputs
• Community Engagement
• Needs related to progressive growth
• Needs related to gap funding
• Internal discussions on priorities, schedules, and
funding
CIP Planning Guidance (cont.)
47

• Enhancing Public Safety
• Protecting the Environment and Preserving
Open Space and Agricultural Land
• Maintaining and Enhancing Infrastructure
• Supporting our Youth, Seniors, and Entire
Community
• Fostering a Positive Organizational Culture
CIP Planning Guidance
City Council Ongoing Priorities
48

• Preserving and Cultivating Public Trust
• Preserving our Community History
• Enhancing Diversity and Inclusiveness
• Advancing Regional Initiatives
CIP Planning Guidance
City Council Ongoing Priorities (cont.)
49

• Fiscal Sustainability
• Affordable Housing and Homelessness
• Community Outreach, Engagement, and
Messaging
• Economic Development
• Transportation
CIP Planning Guidance
City Council Strategic Priorities
50

The Recommended FY 2022-23 through FY 2027-28 CIP totals $224M  Parks and Recreation ($27.4M): Recreation centers, parks, open space, and community service amenities
 Public Facilities ($10.3M): Community, public safety, and civic facilities  Storm Drainage ($10.7M): Inlet structures, pipelines, channels, and basins
 Streets & Roads ($43.7M): Roadways, sidewalks, ramps, street lights, traffic signals and signs
 Wastewater ($81.8M): Collection pipes, lift stations, and trunk lines  Water ($49.7M): Wells, pipelines, storage tanks (also called reservoirs), and pumping stations
Project Categories
51

CIP Projected Spending Plan
Parks &
Recreation 5.7% Public
Facilities 9.3%
Storm
Drainage

4.2%
Streets
& Roads

19.5%
Wastewater

44.7%
Water 16.6%
52

Morgan Hill has a limited number of funding
sources for CIP projects which include:
• Special Revenue Funds (Gas Tax, Measure B)
• Development Impact Fees (Water, Sewer, Public Facilities, Library, Traffic, Public Safety Facilities, Community Recreation Centers, Local Drainage, and Parks)
• Quimby Act Dedication and Fees
• Other Regional/Local Sources (Grants, Partnerships,
Voluntary Developer Contributions)
• User Fees (Water and Wastewater)
Funding Sources
53

2022 – Transportation Master Plan
2022 – Open Space Wildfire Prevention Plan
2023 – Sewer System Master Plan
2024 – Parks, Recreation and Trails Master Plan
2025 – Storm System Master Plan
2026 – Water System Master Plan
Infrastructure Planning
54

1. CRC Battery
Storage System

2. El Toro Trail

3. Madrone Channel
Trail Improvements

4. Monterey Road Ball
Field Park

5. Non-Profit Center

6. Park Renovation

7. Parks Land
Purchase and
Development

8. Recreation Facility
Expansion and
Renovation

9. Villa Mira Monte
Improvements

10.West Little Llagas
Creek Trail
Capital Improvement Projects
Parks & Recreation
55

Total Project Budget: $450K
(Grant Funded)
Project Design:

FY 2022-23
Project Construction:

FY 2022-23
CRC Battery Storage System
Project Scope: Construction of a battery storage system to work in conjunction with the solar system at the Centennial Recreation Center.

Project allows for the facility to operate with power during emergencies. 56

Total Project Budget: $1.5M
Project Schedule:

Dependent upon working with
willing property owners
Partnership with Open Space
Authority (OSA)
El Toro Trail
Project Scope: The primary focus of the project currently is trail access points. Both the City and OSA will assist with the acquisition, design, and construction of the trail.
57

Total Project Budget: $300K
Project Construction:

Spring 2023
Project Closeout:

Spring 2024
Grant funding available for
current phase
Madrone Channel Trail Improvements
Project Scope: Madrone Channel Phase I (Cochrane-Main) has been completed. Phase 2 currently underway (Main-Tennant). Trail provides for a Class I off-street bicycle and pedestrian pathway along the Madrone Channel, ultimately to connect with the Los Gatos Creek Trail. 58

Total Project Budget: $4.2M
Project Design:

FY 2025-26
Project Construction:

Phase 1 FY 2026-27
Monterey Road Ball Field Park
Project Scope: Development of an 8 acre site at the corner of Butterfield Boulevard and Monterey Road. Development of this site prioritizes baseball/softball fields, bmx tracks, and trail and par course amenities.

Photo rendering for effect-not actual site
59

Total Project Budget: Funded FY 2021-22
Project Design:

Complete
Project Construction:

Summer 2022-Winter 2024
Non-Profit Center
Project Scope: Purchase of office space from the developer of the Depot Latala Development project for future use as a non-profit center or other recreational purposes.
60

Total Project Budget: $2.7M
Project Planning, Design,
Construction, and Closeout:

Occur annually with specified
projects
Park Renovation
Project Scope: The intended purpose of this project is to renovate the City's aging community parks for future ongoing use by existing residents and new.
61

Total Project Budget: $2.5M
Project Planning:

Ongoing
Right-of-Way Acquisition and
Permitting:

FY 2022-23 and FY 2027-28
Parks Land Purchase and
Development
Project Scope: The future City parkland purchase and development priorities outlined in the Master Plan include the purchase, planning, and development of two new neighborhood parks and one new community park located on the east side of the City.
62

Total Project Budget: $2.2M
Project Planning:

Ongoing
Initial Project Construction:

Will commence FY 2022-23 and be
completed FY 2023-24
Recreation Facility Expansion and
Renovation
Project Scope: The purpose of this project is to provide renovations and improvements to existing Recreation facilities that support the ongoing operations of the City Recreation Facilities.
63

Total Project Budget: $2.8M
Project Planning:

Ongoing
Project Construction:

Phase I Winter 2024-Summer 2025
Villa Mira Monte Improvements
Project Scope: In 2017, the City entered into a partnership with the Historical Society to preserve the site and support the operation of the site as a park facility.
64

Total Project Budget: $150K
Project Planning:

Ongoing
Project Construction:

As grants are received
West Little Llagas Creek Trail
Project Scope: The trail will provide a continuous Class 1 pedestrian pathway along the West Little Llagas Creek Trail, with certain phases completed or near completion. Two additional extensions are anticipated in the future.
65

1. Corporation Yard Long-Term Plan

2. New Fire Station

3. Police Facility Expansion
Capital Improvement Projects
Public Facilities
66

Total Project Budget: $150K
Project Planning:

Ongoing
Project Design:

FY 2022-23
Corporation Yard Long-Term Plan
Project Scope: The intent of this project is to plan and ultimately improve the City’s corporation yard facility, increasing usable space for the long-term needs of the City.
67

Total Project Budget: $9.1M
Project Design:

FY 2022
Project Construction:

Spring 2023-Fall 2024
New Fire Station
Project Scope: A third Fire Station has been recommended per the City's Public Safety Master Plan and Fire Standards of Coverage. Per the dissolution settlement agreement of the Redevelopment Agency, the City retained property on Butterfield Boulevard for this third Fire Station. 68

Total Project Budget: $500K
Project Design and
Construction:

FY 2022-23
Police Facility Expansion
Project Scope: This project will fund the initial planning for future growth of the Police Department and a limited number of the initial improvements for use of the existing facility space.
69

1. Llagas Flood Control

2. Storm System Expansions

3. Storm System Repair and Improvements

4. Trash Compliance (unfunded)
Capital Improvement Projects
Storm Drainage
70

Total Project Budget: $3.9M
Project Design:

Final Phase-Summer 2022
Project Construction:

Underway through FY 2025
Llagas Flood Control
Project Scope: This project addresses storm water conveyance infrastructure that drains into the Upper Llagas Creek Flood Protection Project (ULCFPP) and the West Little Llagas Creek watershed. 71

Total Project Budget: $4.8M
Project Planning & Design:

Completed
Project Construction:

FY 2025
Storm System Expansions
Project Scope: This project is intended to construct improvements that support expanding storm drain system capacity in alignment with the 2018 Storm Drainage System Master Plan.
72

Total Project Budget: $1.3M
Project Design:

Annually
Project Construction:

Annually
Storm System Repairs and
Improvements
Project Scope: Construction of storm drains, storm inlets, and other miscellaneous improvements at various locations in the City to address localized drainage problems
73

Total Project Budget: Unfunded
Preliminary Milestones:
35% treated by 12/2/2025
70% treated by 12/2/2028
100% treated by 12/2/2030
Trash Compliance
Project Scope: On April 7, 2015, the State Water Resources Control Board (SWRCB) adopted the Statewide Trash Provisions which addressed the impact trash has on the beneficial uses of surface waters. This is a Statemandated activity that must be completed if the City is to avoid punitive fines.
74

1. Bike, Pedestrian & Traffic Safety

2. Downtown Parking Structure Entry Security
System

3. Hale Avenue Extension

4. Pavement Rehabilitation Program

5. Sidewalk Repairs

6. Traffic Signal & Intersection Improvements

7. Undergrounding Project
Capital Improvement Projects
Streets and Roads
75

Total Project Budget: $3.0M
Project Planning:

Completed
Project Design & Construction:

Annually
Bike, Pedestrian & Traffic Safety
Project Scope: This project will implement pedestrian, bicycle, and safety improvements across the City. Projects included have been identified by residents and staff and have been prioritized to increase safety in alignment with the City's Vision Zero Policy.
76

Total Project Budget: $50K
Project Design:

Fall 2022
Project Construction:

Spring 2023
Downtown Parking Structure Entry
Security System
Project Scope: This project will install barrier gates at the Downtown Parking Structure vehicle entrance. The access gates will be designed to include dropping bar gates that can control entry.
77

Total Project Budget: $3.0M
Project Planning & Design:

Complete
Project Construction:

Phase I completed Fall 2022
Phase 2 Fall 2023
Hale Avenue Extension
Project Scope: This project will construct Hale Avenue between West Main Avenue and Spring Avenue. This portion of the larger Santa Teresa corridor does not currently exist, but when built will provide a north-south arterial roadway alternative west of Monterey Road.
78

Total Project Budget: $22.8M
Project Planning:

Annually each fall
Project Construction:

Annually each summer
Pavement Rehabilitation Program
Project Scope: This ongoing program is intended to address the City's pavement rehabilitation needs. Locations for maintenance are selected based on the individual condition of the street, the use of the street, and the type of the street.
79

Total Project Budget: $900K
Project Planning & Design:

Ongoing
Project Construction:

Annually, 1 project/year
Sidewalk Repairs
Project Scope: This project provides for responsive annual sidewalk repair to the areas of highest need in the City.
80

Total Project Budget: $10.0M
Project Planning:

Ongoing
Project Design & Construction:

Annually by individual project
Traffic Signal & Intersection
Improvements
Project Scope: The construction of new traffic signals and intersection improvements is planned in order to meet the growing traffic demands within the Community and for safety enhancement purposes. 81

Total Project Budget: $1.0M
Project Planning:

Fall 2022
Project Design:

Spring 2023
Project Construction:

Summer 2023
Undergrounding Project
Project Scope: This project will underground the overhead utility lines along San Pedro Avenue going west from Butterfield Boulevard. City staff intends to work with PG&E to match City funds with PG&E Rule 20A funds. 82

1. Lift Station Improvements

2. New Trunk Line

3. Sewer Capacity Improvement Projects

4. Sewer Facility Improvements

5. Sewer Plant Expansion (SCRWA)

6. Sewer Plant Improvements

7. Sewer System Repair And Replacements

8. Utility Services Access Roads
Capital Improvement Projects
Wastewater
83

Total Project Budget: $3.1M
Project Planning:

Ongoing
Project Design:

FY 2023
Project Construction:

Winter 2023-Winter 2028
Lift Station Improvements
Project Scope: The City's fourteen (14) lift stations are periodically repaired and upgraded as part of the ongoing maintenance program. The upgrades to the lift stations will improve safety and reliability and will upgrade the lift stations to the City Utilities standards.
84

Total Project Budget: $30.3M
Project Design:

Spring 2023
Project Construction:

Fall 2022-Fall 2025
New Trunk Line
Project Scope: The construction of a new sewer trunk line, running parallel to the existing line, is intended to facilitate the City's planned growth and to mitigate capacity constrictions in the existing trunk line. 85

Total Project Budget: $2.6M
Project Planning:

Ongoing
Project Design:

Project 1 Fall 2022
Project 2 Fall 2024
Project Construction:

Project 1 Spring 2023
Project 2 Spring 2025
Sewer Capacity Improvement
Projects
Project Scope: The Sewer Capacity projects are intended to provide for the expansion of the sewer system infrastructure to maintain service levels and prepare for future growth requirements.
86

Total Project Budget: $600K
Project Planning:

Ongoing
Project Design:

Fall 2022 & Fall 2023
Project Construction:

Winter 2024-Spring 2028
Sewer Facility Improvements
Project Scope: The purpose of this project is to provide capital rehabilitation and replacement of pumps, structures, and mechanical systems supporting the lift stations and other components in the wastewater system to ensure optimal level of sewer service to the Public. 87

Total Project Budget: $19.5M
Project Planning & Design:

Complete
Project Construction:

Through FY 2022-23
Sewer Plant Expansion (SCRWA)
Project Scope: This project consists of a plant expansion and improvements that will increase the overall treatment capacity while also implementing new standards from the State Water Resources Control Board.
88

Total Project Budget: $3.3M
Project Planning, Design, and
Construction:

Ongoing as per SCRWA budget
Sewer Plant Improvements
Project Scope: Constructed in 1994, the South County Regional Wastewater Authority (SCRWA) treatment plant requires ongoing maintenance and improvements associated with increased growth in the community, while also implementing new standards from the State Water Resources Control Board. 89

Total Project Budget: $18.0M
Project Planning:

Ongoing
Project Design & Construction:

Annually
Sewer System Repair and
Replacements
Project Scope: This project is intended to identify, prioritize, and implement needed repairs and improvements for various pipeline groupings to ensure the optimum level of sewer service to the Community.
90

Total Project Budget: $1.0M
Project Design:

Spring 2022-Winter 2023
Project Construction:

Winter 2023-Fall 2025
Utility Services Access Roads
Project Scope: The City of Morgan Hill has approximately three miles of dirt paths in the Jackson Oaks area that serve as access to City sewer lines in that area. This project will consist of improving and converting those dirt roads into gravel roads.
91

1. Pump Station Capacity

2. Groundwater Wells

3. Holiday Lake Improvements

4. Pipeline Capacity Improvements

5. Reservoir Capacity Improvements

6. Reservoir Recoating & Rehabilitation

7. Utilities Security System Enhancement

8. Water Facility Rehabilitation

9. Water Pipeline Repair and Replacement
Capital Improvement Projects
Water
92

Total Project Budget: $427.6K
Project Design:

Fall 2022-Fall 2023
Fall 2026-Fall 2027
Project Construction:

Fall 2023-Fall 2024
Fall 2027-Fall 2028
Pump Station Capacity
Project Scope: This project includes the retrofit for a mobile pump station to feed water from the Llagas subbasin to the Boys Ranch area during a drought. 93

Total Project Budget: $10.6M
Project Design:

One well designed each fiscal year
FY 2022-23
FY 2024-25
FY 2027-28
Project Construction:

One well constructed each fiscal year
FY 2023-24
FY 2025-26
Groundwater Wells
Project Scope: This project includes the planning, design, and construction of new groundwater wells. New wells will be constructed to provide redundancy and reliability of the City’s Water System, as well as support future growth.
94

Total Project Budget: $7.8M
Project Design:

Summer 2023
Project Construction:

Winter 2024-Winter 2026
Holiday Lake Improvements
Project Scope: This project involves a multi-year operational reorganization of the existing Holiday 1/2/3 and Holiday Lake pressure zones. This project will include the construction of a new water storage tank, replacement pump station, new and replacement water pipelines, and a pressure reducing station.
95

Total Project Budget: $1.1M
Project Design:

Winter 2023-Winter 2024
Winter 2026-Winter 2027
Project Construction:

Winter 2024-Winter 2025
Winter 2027-Winter 2028
Pipeline Capacity Improvements
Project Scope: The project consists of installations of new or replacement of existing water mains to relieve water system deficiencies and increase the hydraulic reliability of the system.
96

Total Project Budget: $3.9M
Project Design:

Winter 2025-Fall 2026
Winter 2027-Fall 2028
Project Construction:

Fall 2026-Fall 2027
Fall 2028-Fall 2029
Reservoir Capacity Improvements
Project Scope: The purpose of this project is to construct larger storage tanks to accommodate growth and increase water storage capacity. 97

Total Project Budget: $3.9M
Project Design:

Fall 2022-Summer 2023
Project Construction:

Summer 2023-Summer 2027
Reservoir Recoating &
Rehabilitation
Project Scope: The recoating project is part of our routine capital infrastructure maintenance for reservoirs. By regularly recoating the storage tanks, the City maintains the structural integrity and extends the useful life of the reservoirs. 98

Total Project Budget: $3.0M
Project Planning:

FY 2022-23
Project Design & Construction:

Annually, beginning FY 2023-24
Utilities Security System
Enhancement
Project Scope: The purpose of this project is to improve the physical protection of the City’s utility systems. This will include improvements in fencing, access systems, camera systems, and other improvements. 99

Total Project Budget: $4.2M
Project Planning & Design:

Ongoing
Project Construction:

Annual Rehabilitations
Water Facility Rehabilitation
Project Scope: This project is intended to ensure reservoir, well, and pump station capital repairs and replacements occur on an ongoing basis. The project includes replacement of pumps, generators, and other components within the water system.
100

Total Project Budget: $11.0M
Project Design:

Summer to fall every year
Project Construction:

Winter to fall every year to follow
design
Water Pipeline Repair and
Replacement
Project Scope: The 2021 Water System Master Plan recommends an ongoing program to replace aging and failing pipelines throughout the water system. This includes multiple improvements to mitigate existing water system deficiencies, increase hydraulic reliability and/or replace existing pipelines due to poor condition or operational considerations. 101

• Planning Commission Meeting 4/26:

Found the proposed CIP consistent with the General Plan • Parks and Recreation Commission
Meeting 4/19:

Recommended Approval
Commission Action
102

Next Steps
103

Important Dates
104
Time Date Event Location
5:30 pm Thursday, March 24th Budget Town Hall Virtual Zoom 7:00 pm Wednesday, May 4th Recommended Budget
Presented to City Council Virtual Zoom
9:00 am Saturday, May 14th City Booth at Sidewalk Saturdays Near Coffee Guys on 3rd Street 4:30 pm Wednesday, May 18th Budget Open House Downtown Amphitheater, Community & Cultural Center
7:00 pm Wednesday, May 18th Budget Workshop Virtual Zoom 7:00 pm Wednesday, June 15th Budget Public
Hearing/Adoption Virtual Zoom

Questions & Answers
Public Comment
Council Discussion
105

Attachment 2
Recommended FY 2022-23 and 2023-24 Operating and FY
2022-23 through 2027-28 Capital Improvement Program
Budgets
Flippingbook Version (click the image)

FY 2022-23 and 2023-24 City Council Recommended Budget (Attachment 3) Account Description FY 22-23 FY 23-24
42214 - Telephone Telephone 1,400 1,400
42231 - Contract Services Civic Clerk Software 32,000 32,000 42244 - Stationary & Office Supplies
Office supplies including
presentation/proclamation folders/frames 1,100 1,100
42246 - Computer Software iAnnotate license 100 100
42248 - Other Supplies
Council supplies including event
supplies, nameplates, badges, lapel pins,
etc. 3,100 3,100
42252 - Photocopying Photocopying 500 500
42254 - Postage & Freight Postage/Freight 250 250
42257 - Printing
Ethics and strategic goals and priorities
posters. Council business cards. 1,250 1,250
42261 - Auto Mileage Auto mileage 400 400
42299 - Other Expense
Food for City Council meetings and
community events 17,300 17,300
42408 - Training & Education
New Mayor & Council (3)
$1,500/person x 3 4,500 4,500
42408 - Training & Education $500/Councilmember 2,500 2,500 Subtotal Training & Education 7,000 7,000
42413 - Community Funding TBD 200,000 200,000
42415 - Conference & Meetings $200/Councilmember 1,000 1,000 42415 - Conference & Meetings
LOCC Annual Conference includes airfare,
hotel, meals, mileage
$2,000/person 10,000 10,000
Subtotal Conferences & Meetings 11,000 11,000
42423 - Membership & Dues ABAG 11,694 12,044
42423 - Membership & Dues SCC Cities Association 8,958 9,227 42423 - Membership & Dues Sister Cities 628 647
42423 - Membership & Dues LOCC Peninsula Division 100 100 42423 - Membership & Dues LOCC Annual (Population based) 16,971 17,480 Subtotal Memberships & Dues 38,351 39,498
42435 - Subscription & Pub. SJ Business Journal & MH Times 225 225 Total 313,976 315,123

CITY OF MORGAN HILL

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

Policy

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

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

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

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

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

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

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

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

APPROVED:
_______________________________

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

Attachment 5
Community Funding
On February 11, 2022, staff provided Community Funding Request Applications to organizations that previously received fee waivers for facility use, event support, or program support from the City of Morgan Hill. The applications were provided via email to these contacts. The application and information about the process was also posted on the City’s website, in the weekly 411 newsletter, and on the City’s Facebook page. Applications were due on March 18, 2022 at 5:00 pm.

On April 20, 2022 the City Council reaffirmed the Community Funding Policy Priorities. Staff used the policy to prioritize and recommend funding to each organization. The City Council may follow these recommendations or make alternate funding awards by category or by individual applications.

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

The chart below shows the organizations that applied for Community Funding for Fiscal Year (FY) 2022-

23. Two items are not included on the chart. Since April 20th, two applications were withdrawn.

Additionally, one request at $17,000 was for an art project, the Peace Monument, which City staff and the Library, Culture, and Arts Commission recommend be funded through the Art Fund. City staff recommends appropriating these funds from the Art Fund (Fund 260) from the Community Funding process.

There are 22 applications for funding totaling $265,378. The recommended FY 2022-23 Budget includes $200,000 for Community Funding. The table below recommends funding based on Council Policy within four categories.

Category 1: Blue – Past events and programs recommended for full funding.

This group includes past Community Funding recipients and events, partners where the City has previously co-sponsored the event, and/or events that are strongly aligned with Council priorities. Most applications requested small increases in Council funding from prior levels. One event, Freedom Fest, has requested a significant increase in funding ($10,000) due to significant cost increases associated with public safety.

Category 2: Purple – Past partners recommended for partial funding This group includes requests from two organizations requesting significant increases to funding. Due to budget limitations, the Healthier Kids Foundation is recommended to be awarded $25,000, which is a $5,000 increase from the previous year. South Valley Civic Theater is recommended for funding of $12,000, an increase of $2,000 from the previous year.

Category 3: Yellow – Fee Waiver Requests
This group includes recommended full waiver of City facility use fees for past and new events to be hosted at the Community and Cultural Center. These requests are recommended for full fee waivers.

However, some applications requested funding in addition to the fee waivers. Due to limited resources,

Attachment 5
only one application is recommended for additional funding (this event requires only a small fee waiver and staff recommends providing funding and the fee waiver totaling $2,500).

Category 4: Green – New Funding Requests
This group includes funding requests for events and programs that have not received funding in the past. Due to funding limitations, each application is recommended for $2,500 in partial funding.

Full applications are available by clicking the links within the table below.

Attachment 5
Organization Event/Activity/Program Requested Recommendation Fee
Waiver Funding
MH Kiwanis Holiday Lights Parade $10,000 $10,000 $10,000 IDC Freedom Fest $35,000 $35,000 $35,000
MH Downtown
Association Safe Trick or Treat $8,000 $8,000 $8,000
MH Downtown
Association Holiday Tree $6,000 $6,000 $6,000
MH Downtown
Association
Downtown Twinkle
Lights $19,000 $19,000 $19,000
Morgan Hill Historical
Society Stories from the Past $1,000 $1,000 $1,000
Morgan Hill Historical
Society Ongoing Operations $20,000 $20,000 $20,000
Nueva Esperanza Posada $4,800 $4,800 $2,923 $1,877
Morgan Hill Sentinel
Club/Grumaza Fiestas Patrias $3,500 $3,500 $3,500
South Valley Civic
Theater Theater Operations $15,000 $12,000 $12,000
Healthier Kids
Foundation
Program Operations in
Morgan Hill $42,000 $25,000 $25,000
Morgan Hill
Community
Foundation
Philanthropy Night $3,750 $3,750 $3,750
Morgan Hill Chamber
of Commerce
Friday Night Music
Series $27,650 $27,650 $27,650
Living Above the
Influence LATI $3,060 $3,060 $3,060
South County Faith
Based Coalition Night of Hope $1,620 $1,620 $1,620
Poppy Jasper Poppy Jasper Film
Festival $5,000 $3,700 $3,700
Nueva Esperanza Dia De Los Muertos $2,500 $2,500 $1,348 $1,152 Morgan Hill
Mushroom Mardi
Gras, Inc
Morgan Hill Mushroom
Mardi Gras $30,000 $2,500 $2,500
Indian Association of
South Santa Clara
County
Diwali Celebration $4,000 $2,500 $2,500
South Valley
Symphony
Young Musicians and
NextGen2023 Concert $7,500 $2,500 $2,500
Chabad Jewish
Center
Morgan Hill Chanukah
Celebration $4,698 $2,500 $2,500
California Youth
Soccer Association
Cinco de Mayo
Tournament $6,000 $2,500 $2,500
$260,078.00 $199,080.00 $44,051.00 $155,029.00

ATTACHMENT 6
City of Morgan Hill
Impact Fee Freeze Program Guidelines
June May 20202
The Impact Fee Freeze Program establishes and locks City’s Impact Fees using the FY 2017-18 ratesat the time of the executed agreement for up to three years for new industrial and commercial development provided the prospect development secures entitlements and submits for building permits within three years of the date of the agreement.

The Impact Fee Freeze Program is intended to support new commercial and industrial development that supports the City’s long-term economic sustainability goals identified in the City’s General Plan and Economic Blueprint by growing jobs, retaining and attracting new companies and generate positive tax revenue to the City caused by the development through new property, sales, and/or transient occupancy taxes.

Eligibility:

The Impact Fee Freeze Program is eligible for new commercial and industrial development within the City’s limits, except for developments that only support uses such as Mini-Storage Units, Stand-Alone Carwashes, Assisted Living, Memory Care, and Congregate Care Facilities or similar uses that do not generate added revenue for the City of Morgan Hill. Applicants must be a fee title owner or be under contract to purchase land.

Program Requirements:

1. Program participants must submit a request in writing indicating interest in the Impact Fee Freeze Program and identify goals of the speculative development, including type, size, location, and general timeframe of development.

2. Applicant must enter into a Fee Freeze Financing Agreement with the City of Morgan Hill agreeing to secure entitlements and submit for building permits for prospect development within three years of the executed agreement.

3. Applicant must provide the City with estimates of construction valuation, projected number of jobs and revenue generated by the uses.

4. Project must be able to generate revenue to repay the ‘savings’ caused by the Fee Freeze

ATTACHMENT 6
Agreement within 10 years of receiving a completion of the project and receipt of Certificate of Occupancy.

Other:

1. Impact Fee Freeze Agreements generating net savings of up to $100,000 can be approved by the City Manager; Impact Fee Freeze Agreements generating net savings more than $100,000 must be approved by the City Council.

2. The City Manager has the authority to modify the Agreement provisions except for the maximum amount, which requires City Council approval.

3. The City Manager may suspend this program at any time if it is determined that the Impact Fee Funds areis negatively affected by continuation of the program.

4. Impact Fee Freeze Agreements are assignable.

5. City Manager has the authority to amend Impact Fee Freeze Agreements for minor modifications and provide necessary extensions that do not exceed 24 months.

6. The City Manager shall provide an annual review and update of the program to the City Council.

6. Impact Fee Funds will be repaid with future tax revenue generated by the new development.