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, December 7, 2022 7:00 PM
Hybrid Meeting
17555 Peak Avenue, Morgan Hill, CA 95037 and Virtual (Link to join the meeting can be found below)
Morgan Hill City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in-person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate remotely or attend in-person. Information on how the public may observe and participate in the meeting is located below. Santa Clara County strongly encourages masks and social distancing if attending in person.
MEETING GUIDELINES AND PUBLIC COMMENT
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 who 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:
Provide public comment in-person
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]
December 7, 2022
2 CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITIONS
PROCLAMATIONS
PRESENTATIONS
CITY COUNCIL REPORTS
Mayor Constantine
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 December 7, 2022
3 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 THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022
Recommendation:
Accept the City’s Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022.
2. ACCEPT THE ANNUAL SENATE BILL (SB) 165 REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2014-1 (FISHER CREEK)
Recommendation:
Accept and file the report.
3. ADOPT RESOLUTION APPROVING AND MAKING FINDINGS RELATED TO THE ASSEMBLY BILL (AB) 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR 2021-22
Recommendation:
1. Adopt resolution making findings for unexpended development impact fees; and
2. Accept the annual development impact fee report.
4. ADOPT ODINANCE NO. 2339, NEW SERIES, APPROVING A ZONING MAP
AMENDMENT FOR A MIXED-USE DOWNTOWN PLANNED DEVELOPMENT
COMBINING DISTRICT ON A 1.09-ACRE SITE LOCATED EAST OF
MONTEREY ROAD BETWEEN 1ST STREET AND 2ND STREET (ZA2022- 0004: MONTEREY – LEAL GRANADA HOTEL) APN: 726-14-074
Recommendation:
December 7, 2022
4 Waive the reading, adopt Ordinance No. 2339, 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.
5. ADOPT ORDINANCE NO. 2340, NEW SERIES, ADDING CHAPTER 15.62 (ELECTRIC VEHICLE INFRASTRUCTURE) TO TITLE 15 (BUILDINGS AND
CONSTRUCTION) TO THE MORGAN HILL MUNICIPAL CODE REQUIRING
THE ADDITION OF ELECTRIC VEHICLE INFRASTRUCTURE FOR PARKING
THAT SERVES NEWLY CONSTRUCTED AND EXISTING BUILDINGS
Recommendation:
Waive the reading, adopt Ordinance No. 2340, 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 HAZARDOUS VEGETATION ABATEMENT RESOLUTION, EXEMPT
FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15304(i)
Recommendation:
Adopt resolution declaring weeds and brush to be a nuisance and setting the hazardous vegetation public hearing on February 15, 2023.
7. APPROVE CITY OF MORGAN HILL'S SANITARY SEWER MANAGEMENT
PLAN (SSMP) AS REQUIRED BY STATE WATER RESOURCES CONTROL BOARD, EXEMPT FROM CEQA UNDER SECTION 15302
Recommendation:
Adopt resolution approving the Sanitary Sewer Management Plan (SSMP).
8. APPROVE FIRST AMENDMENT TO THE SPECTRUM PACIFIC WEST, LLC
OPEN TRANSPORT NETWORK (OTN) FACILITIES LICENSE AGREEMENT, EXEMPT FROM CEQA CLASS 1, EXISTING FACILITIES
Recommendation:
Approve the First Amendment to the Spectrum Pacific West, LLC License Agreement.
9. APPROVE FINAL MAP FOR ROSEWOOD - TRACT NO. 10599 (JUAN
HERNANDEZ DRIVE AND BARRETT AVENUE) AND RELATED
SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:
1. Approve the Final Map;
2. Authorize the City Manager to execute the Subdivision Improvements Agreement with BFH CM LLC; and
3. Authorize the recordation of the Final Map and Subdivision Improvements December 7, 2022
5 Agreement.
10. APPROVE THE PURCHASE AND INSTALLATION OF THREE GENERATORS
FOR UTILITIES, CATEGORICALLY EXEMPT FROM CEQA UNDER
SECTION 15301
Recommendation:
Approve and authorize the City Manager to execute an agreement with Edward R. Bacon in the amount of $315,000 for the purchase and installation of three generators.
11. APPROVE CONSULTANT AGREEMENT WITH HINDERLITER DE LLAMAS &
ASSOCIATES (HDL) FOR SALES AND USE TAX AUDIT SERVICES AND
BUSINESS LICENSE ADMINISTRATION AND COMPLIANCE SERVICES Recommendation:
1. Approve an agreement with Hinderliter De Llamas and Associates (HdL), for sales and use tax audit, and business license administration and compliance services; and
2. Authorize the City Manager to execute and administer that certain agreement.
12. APPROVE FIRST AMENDMENT TO THE CAL-WEST LIGHTING AND SIGNAL MAINTENANCE, INC. MAINTENANCE SERVICE AGREEMENT, EXEMPT FROM CEQA UNDER SECTION 15301
Recommendation:
1. Approve the first amendment to the maintenance service agreement with Cal-West Lighting and Signal Maintenance, Inc. for $200,000 for a total contract amount of $587,600; and
2. Authorize the City Manager to execute and administer the first amendment to the maintenance service agreement with Cal-West Lighting and Signal Maintenance, Inc.
13. APPROVE CONSULTANT AGREEMENT WITH AKEL ENGINEERING FOR
SEWER SYSTEM MASTER PLAN UPDATE
Recommendation:
1. Authorize the City Manager to execute a consultant agreement with Akel Engineering Group, Inc. in the amount of $180,827 to update the Wastewater System Master Plan; and
2. Adopt a resolution appropriating $80,827 from Fund 641 amending the December 7, 2022
6 Fiscal Year (FY) 2022-23 Capital Improvement Budget.
14. APPROVE THE PART-TIME TEMPORARY AND SEASONAL EMPLOYEES SALARY SCHEDULE EFFECTIVE JANUARY 1, 2023
Recommendation:
Approve the Part-Time Temporary and Seasonal Employees salary schedule effective January 1, 2023.
15. APPROVE RESPONSE TO 2022 CIVIL GRAND JURY REPORT "IF YOU ONLY READ THE BALLOT TITLE, YOU'RE BEING DUPED"
Recommendation:
1. Approve response to 2022 Civil Grand Jury Report "If You Only Read the Ballot Title, You're Being Duped," and
2. Authorize the Mayor to sign the response.
16. APPROVE PACIFIC GAS AND ELECTRIC COMPANY AGREEMENT FOR
UNDERGROUNDING OVERHEAD UTILITIES AS PART OF THE HALE
AVENUE EXTENSION PROJECT
Recommendation:
Approve and authorize the City Manager to execute and administer a Pacific Gas and Electric Company Agreement for undergrounding overhead utilities as part of the Hale Avenue Extension Project for a not to exceed amount of $63,876.72
17. APPROVE THE NOVEMBER 16, 2022 CITY COUNCIL MEETING MINUTES Recommendation:
Approve minutes.
18. DELEGATE THE AUTHORITY TO CITY MANAGER TO ACCEPT DONATIONS
FROM SHOE PALACE
Recommendation:
Delegate the authority to City Manager to accept donations from Shoe Palace.
PUBLIC HEARINGS
19. INTRODUCE ORDINANCE AMENDING THE ZONING CODE TO UPDATE
ACCESSORY DWELLING UNIT PROVISIONS TO COMPLY WITH STATE
LAW AND MAKING MINOR CORRECTIONS TO VARIOUS PROVISIONS, EXEMPT FROM CEQA UNDER SECTION 15061(b)(3)
Recommendation:
December 7, 2022
7 1. Open/close the public hearing;
2. Waive first and second reading of the Ordinance Amendment; and
3. Introduce Ordinance Amendment.
OTHER BUSINESS
20. AUTHORIZE INITIATION OF NEGOTIATIONS WITH DUB BASEBALL AND
USA BMX FOR DEVELOPMENT AT BUTTERFIELD PARK SITE
Recommendation:
Authorize staff to pursue lease/partnership agreements with Dub Baseball and USA BMX for development of portions of the Butterfield Park site.
21. INTRODUCE AN ORDINANCE UPDATING THE CITY WATER WASTE
PROVISIONS CATEGORICALLY EXEMPT FROM CEQA UNDER SECTION 15307
Recommendation:
1. Waive the first and second reading of the ordinance; and
2. Introduce the ordinance updating the City's water waste provisions.
22. RECEIVE MONTHLY BUDGET UPDATE AND OCTOBER 2022 FINANCIAL
AND INVESTMENT REPORTS
Recommendation:
Accept and file report.
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
December 7, 2022
8 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.
December 7, 2022
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