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
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