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Morgan Hill City Council
January 11, 2023

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Agenda
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January 11, 2023
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Morgan Hill City Council
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Special Meeting Agenda
City Council
Mark Turner - Mayor
Gino Borgioli - Mayor Pro Tem
Marilyn Librers - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, January 11, 2023 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend by teleconference/video conference. Information on how the public may observe and participate in the meeting is located below.

MEETING PARTICIPATION AND PUBLIC COMMENT
City Council meetings will be live-streamed on Channel 17, the City’s website, and the City’s Facebook page.

Those members of the community that would like to participate in the meetings remotely may do so by joining virtually 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 City Council meeting virtually 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 virtually 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.

January 11, 2023
2 SPECIAL MEETING
A Special Meeting of the City Council is called at 6:00 pm for the purpose of conducting City business.

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION
THREAT TO PUBLIC SERVICES OR FACILITIES (§ 54957)
Consultation with: Morgan Hill Police Department, Chief of Police

RECONVENE

CLOSED SESSION ANNOUNCEMENT

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATIONS
YAC Presentation

CITY COUNCIL REPORTS
Council Member Rene Spring
January 11, 2023
3 CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

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

PUBLIC COMMENT SUPPLEMENT

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.

1. 2023 CITY COUNCIL MEETING SCHEDULE
Recommendation:

1. Review, discuss, if needed, amend, and approve City Council Policy CP06-02; and

2. Review, discuss, if needed, amend, and approve the 2023 City Council meeting schedule.

2. ACCEPT RESIGNATION OF PARKS & RECREATION COMMISSIONER

MAUREEN GRZAN-PIERACCI
January 11, 2023
4 Recommendation:

1. Accept Maureen Grzan-Pieracci's resignation from the Parks & Recreation Commission effective January 19, 2023; and

2. Direct the City Clerk to continue recruitment efforts to fill an unexpired term ending April 2026, on the Parks & Recreation Commission.

3. ADOPT RESOLUTION RATIFYING PROCLAMATION OF LOCAL

EMERGENCY DUE TO WINTER STORM
Recommendation:

Adopt resolution ratifying the January 5, 2023 emergency proclamation due to the winter storm with heavy rain, high winds, and flooding in the City of Morgan Hill.

4. ADOPT DROUGHT RELIEF GRANT RESOLUTIONS
Recommendation:

1. Adopt resolutions authorizing grant application, acceptance, and execution for the 2022 Urban Community Drought Relief Water Recharge Facility and Citywide Water Supply Capacity Projects; and

2. Authorize the City Manager to execute documents required to apply and accept the grants for the City.

5. APPROVE RESPONSE TO 2022 CIVIL GRAND JURY REPORT "SHOW ME THE MONEY: FINANCIAL TRANSPARENCY NEEDED"
Recommendation:

1. Approve response to 2022 Civil Grand Jury Report "Show Me the Money:

Financial Transparency Needed," and

2. Authorize the Mayor and Treasurer to sign the response.

6. APPROVE THE DECEMBER 7, 2022 CITY COUNCIL MEETING MINUTES Recommendation:

Approve Minutes.

7. APPROVE THE DECEMBER 14, 2022 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

8. AUTHORIZE THE CITY MANAGER TO EXECUTE AND AMEND, WHEN

NECESSARY, AN AGREEMENT FOR A BACKUP STORAGE AND

RECOVERY REFRESH PROJECT WITH CADENCE TEAM
January 11, 2023
5 Recommendation:

Authorize the City Manager to execute and amend, when necessary, an agreement for a backup storage and recovery refresh project with Cadence Team subject to approval as to form by the City Attorney in the amount of $174,100 including a contingency of $15,827.

9. AWARD GALVAN PARK RESTROOM REPLACEMENT PROJECT TO 101 BUILDERS, INC. IN THE AMOUNT OF $143,350 (CEQA: CATEGORICALLY EXEMPT PURSUANT TO SECTION 15302 (EXISTING FACILITIES)) Recommendation:

1. Approve the Galvan Park Restroom Replacement Project Plans and Specifications;

2. Award contract to 101 Builders, Inc. for the Galvan Park Restroom Replacement Project in the amount of $143,350;

3. Authorize the expenditure of construction contingency funds not to exceed $21,503; and

4. Authorize the City Manager to execute and administer the construction contract with 101 Builders, Inc.

10. PURCHASE OF COUNTY RIGHT OF WAY FOR CITY PROJECTS
Recommendation:

Authorize the City Manager to execute, administer and further negotiate a purchase and sale agreement for the purchase of 35,348 square feet of right of way easment on Spring and Dewitt Avenues and 66,916 square feet of right of way easement on Watsonville Road.

OTHER BUSINESS

11. SELECT AND APPOINT CITY COUNCIL MAYOR PRO TEMPORE
Recommendation:

1. Open floor to nomination(s) for Mayor Pro Tempore; and

2. Select a Council Member to serve as Mayor Pro Tempore per City Council Policy 99-01.

12. RECEIVE MONTHLY BUDGET UPDATE AND NOVEMBER 2022 FINANCIAL

AND INVESTMENT REPORT
Recommendation:

Accept and file report.

FUTURE COUNCIL INITIATED AGENDA ITEMS
January 11, 2023
6 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
January 11, 2023
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.

January 11, 2023
8

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