Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhsstandard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
EXHIBIT C
Certification Regarding Lobbying
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Subrecipient: ________________________________________________________________ Signature of Authorized Agent: _______________________________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________ Date: _____________________________
Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure
Public Law (PL) 109-282 Federal Funding Accountability and Transparency Act of 2006, as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110-252), which is outlined in the Federal Emergency Management Agency, Grant Programs Directorate Information Bulletin No. 350.
As defined by the Office of Management Budget, the following are subject to FFATA reporting requirements:
1. All new federal awards of $30,000 or more, as of August 13, 2020.
NOTE: Cal OES reports on this requirement in the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS).
2. The Total Compensation and Names of the top five executive, if the Subrecipient in the preceding year received:
a. 80 percent or more of its annual gross revenues in Federal Awards; and b. $25,000,000 or more in annual gross revenues from Federal awards; and c. The public does not have access to information about the compensation of the senior executives of the entity.
Subrecipients are required to provide the Executive compensation information in the below chart, if applicable.
Executive Name Title Annual
Salary
Annual Dollar
Value of Benefits
Total
Compensation
Not subject to the Executive Compensation requirement of the FFATA Financial Disclosure.
EXHIBIT D
Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient: ____________________________________________________________________ Signature of Authorized Agent: ___________________________________________________ Printed Name of Authorized Agent: _______________________________________________ Title: _____________________________________ Date: _________________________________
FY22-Project Request-EMPG CSTI Training 1
2022 EMPG
Project Proposal Request
Form / Template
I. Background Information
I A. Requestor Contact Information
Agency Santa Clara County Office of Emergency Management Name Ivan Williams
Position/Title OAC Liaison/Senior Management Analyst
Phone 408-808-7835
Mobile Number
Agency Address Office of Emergency Management
55 West Younger Avenue, Suite 450
San Jose, CA 95110
Email [email protected]
I B. Project Name
CSTI and Emergency Manager Training
TOTAL PROJECT COST
(Insert the total from Funding section) $50,000
I C. Project Type
Use the checkbox to indicate corresponding project
☐ This project is a new Project.
☐ This project is part of an ongoing Project.
☒ This project is for sustainment of a previously funded Project.
II. ALIGNMENT WITH NATIONAL PREPAREDNESS
GOALS by Core Capability and Mission Area
I D. Solution Areas
☐ Planning ☐ Organization ☐ Equipment ☒ Training ☐ Exercises Choose ONLY one Sub Area (Sub Category) for Mission Areas above ☐ Community
Outreach
☐ Conference
☐ Develop and
Enhance Plans,
Protocols and
Systems
☐ Staffing
☐ Day to Day Activities/
/operations that support
emergency management
☐ Information
Technology
☐ Cyber Security
Enhancement Equipment
☐ Interoperable
Communications
Equipment
☐ Other Authorized
Equipment
☒ Staff Expenses
☐ Course Development
☒ Course Delivery and
Evaluation
☒ Staff Expenses
☒ Certification /
Recertification of
instructors
☐ Design/Develop
☐ Conduct / Attend /
Evaluate
☐ Supplies / Materials /
Production Costs
EXHIBIT E
FY22-Project Request-EMPG CSTI Training 2
I E. Core Capability and Community Lifelines - Identify each of the 12 Emergency Management Core Capabilities (or other Core Capability) this project addresses as well as the Community Lifeline(s) this project is most likely to help restore.
Please check all that apply.
☒ Planning ☒ Public Information
& Warning
☒ Operational Coordination ☒ Long-Term
Vulnerability Reduction
☒ Risk and Disaster
Resilience Assessment
☒ Situational
Assessment
☒ Community
Resilience
☒ Threats and Hazard
Identification
☒ Logistics and Supply
Chain
☒ Mass Care Services
☐ Economic
Recovery
☐ Other (please specify)
_____________________________________________________________________ Please identify the Community Lifelines this project is most likely to help stabilize:
☐ Safety and
Security
☒ Food, Water,
Shelter
☒ Health and Medical ☐ Energy (Power & Fuel) ☒ Communications ☐ Transportation ☐ Hazardous Materials
I F. Project Description/Justification - Briefly describe exactly what the project entails (including any equipment purchases or contracting that will be necessary for the project). Please also describe how the project is expected to impact (improve/sustain) the Core Capability(ies) and restore the Community Lifelines identified above.
This project supports the provision of Emergency Management courses to individuals assigned to an Emergency Operations Center (EOC), Department Operation Center (DOC), Joint Information Center (JIC), or Multiagency Coordination (MAC) Group. The CSTI Emergency Management curriculum provides training in all phases of emergency management/homeland security (prevention, protection, mitigation, response, and recovery) as well as specialized training in crisis communications, exercise design, and emergency planning for schools.
Specific Emergency Management courses are selected for funding under this project because they are required for professional certification, needed for EOC credentialing, address needs identified in the Operational Area’s Multiyear Training and Exercise Plan (MY-TEP) or were identified in an Operational Area Exercise After-Action Report.
To provide access to CSTI courses using these project funds—based on interest and expected attendance—the Santa Clara County Office of Emergency Management (SCC OEM) will host courses in the Operational Area whenever possible and practicable.
IAEM and 2023 CESA Annual Training and Conference--Allows Emergency Managers from across the Operational Area to attend the International Association of Emergency Managers (IAEM) and California Emergency Services Association (CESA) 2023 Annual Training Conferences. Specific topics from past conferences include public information, plan writing, terrorism, California's Emergency Management Mutual Aid (EMMA) process, whole community planning, how C-PODs work, situational awareness and so on.
Grant funding is only available for pre-approved qualifying course registration, related travel and lodging.
Grant funding is specifically not available for: 1) meal reimbursement or per diem; 2) Emergency Manager regular time, overtime or backfill spent attending training; or 3) for “IS” (Independent Study) courses. Grant funding is limited to 90% of the total pre-approved qualifying course registration and related travel and lodging expenses (excluding any meal reimbursement and per diem).
FY22-Project Request-EMPG CSTI Training 3
I G. Does this project require a sole source?
☒ Yes If “Yes”, please explain ☐ No N/A
The California Specialized Training Institute (CSTI), is a government agency (a division of the California Governor’s Office of Emergency Services--CalOES) that is the primary provider of emergency management courses in California that meet both FEMA and CalOES requirements.
The California Emergency Services Association (CESA) is the State professional association for Emergency Managers. CESA holds an annual conference with the 2022 conference being held in San Diego from April 30, 2022 to May 4, 2022.
I H. Installation
- Does this project require installation, new construction or renovation, retrofitting, or modification of existing structures?
☐ Yes, If “Yes”, please: ☒ No
1. Provide an explanation AND Attach a completed Environmental and Historic Preservation screening form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195 III. FUNDING
III A. Proposed funding amount
- Provide the proposed funding amount to be obligated from this Project towards Planning and Equipment elements.
(Please check the appropriate box(es) on the left side for all that apply). - Also, for each funding area selected, provide a brief narrative below describing the items or services being funded.
ELEMENT PROPOSED FUNDING
☐ Planning $
☐ Equipment $
☐ Management & Administration $
☒ Training $50,000
☐ Exercise $
TOTAL PROJECT COSTS $
Description of Expenditures That Will Be Used for Project Grant Match OEM Equipment or OEM Personnel Costs
AEL # Equipment
- Use this link to locate and provide the Authorized Equipment number needed for equipment approval https://www.fema.gov/authorized-equipment-list ☐ Information Technology
☐ Cyber Security Enhancement Equipment
☐ Interoperable Communications Equipment
☐ Detection Equipment
☐ CBRNE Reference Materials
☐ CBRNE Incident Response Vehicle
☐ Physical Security Enhancement Equipment
FY22-Project Request-EMPG CSTI Training 4
☐ Power Equipment
☐ CBRNE Logistical Support Equipment
☐ Other Authorized Equipment:
Contact grants manager prior to selected this sub-category III B. Other Source(s) of funding
- List other source(s) of funding that is being requested or utilized for this project (check the appropriate box(es) on the left side)
ELEMENT PROPOSED FUNDING
☐ UASI $
☐ SHSGP $
☐ General Funds $
☐ Other Grant Funds $
TOTAL OTHER FUNDING $
Other Funds:
- Explain how any other funds, such as general funds, UASI, etc., will be used to assist in implementation of this project.
The UASI T&E program has begun paying for some CSTI Training to be provided in our Operational Area based on input from our T&E staff. EMPG CSTI Training funds will be used to pay for needed training that isn’t funded by UASI.
PROJECT MANAGEMENT AND IMPLEMENTATION
IV A. Milestones
Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period under the 2022 EMPG.
No start date should begin before July 1, 2022 and no end date should end after March 31, 2024.
These dates are subject to change based on notification of application approval.
No equipment may be purchased, contracts started or project costs incurred until notified by Grant Administrator that funds may be spent.
If unsure of exact dates, use Quarter timeframes
Include key steps in the procurement process—i.e. RFP issuance, Contract execution, PR issuance, delivery, etc.
MILESTONE
NUMBER
MILESTONE NAME/DESCRIPTION
(1,000 CHARACTER LIMIT)
START DATE
(MM/DD/YYYY)OR
Q1, Q2, Q3, Q4
END DATE
(MM/DD/YYYY)OR
Q1, Q2, Q3, Q4
1 Identification of Specific CSTI Courses Y1 Q3 Y2 Q1
2 Scheduling of Identified CSTI Course Delivery Dates Y1 Q3 Y2 Q2 3 Delivery of Identified CSTI Courses Y1 Q3 Y2 Q3
IV B. Project Outcomes
- Describe the outcomes and benefits that will be achieved as a result of this project. The outcomes should address specific community lifelines wherever possible.
FY22-Project Request-EMPG CSTI Training 5
- A greater number of individuals from across the Operational Area that are trained to plan for, mitigate, respond to, and recover from disasters.
- A greater number of individuals trained to work effectively in an EOC, DOC, JIC, MAC or as a DSW during a disaster. - A greater number of highly trained individuals (i.e. have received advanced training) in the Operational Area who are prepared to mitigate, plan for, respond to, or recover from a disaster.
IV C. Project Deliverables
- Describe the specific deliverables that will be produced as a result of this project. - Delivery of at least 4 CSTI courses in the Operational Area. - Total attendance (headcount) of at least 120 individuals at CSTI courses (~30-40 individuals per course.
FY22-Project Request-EMPG EOC TechnologyTechnology 1
2022 EMPG
Project Proposal Request
Form / Template
I. Background Information
I A. Requestor Contact Information
Agency Santa Clara County Office of Emergency Management Name Ivan Williams
Position/Title OAC Liaison/Senior Management Analyst
Phone 408-808-7835
Mobile Number
Agency Address Office of Emergency Management
55 West Younger Avenue, Suite 450
San Jose, CA 95110
Email [email protected]
I B. Project Name
EOC Technology
TOTAL PROJECT COST
(Insert the total from Funding section) $80,000 (scalable) I C. Project Type
Use the checkbox to indicate corresponding project
☐ This project is a new Project.
☐ This project is part of an ongoing Project.
☒ This project is for sustainment of a previously funded Project.
II. ALIGNMENT WITH NATIONAL PREPAREDNESS
GOALS by Core Capability and Mission Area
I D. Solution Areas
☐ Planning ☐ Organization ☒ Equipment ☐ Training ☐ Exercises Choose ONLY one Sub Area (Sub Category) for Mission Areas above ☐ Community
Outreach
☐ Conference
☐ Develop and
Enhance Plans,
Protocols and
Systems
☐ Staffing
☐ Day to Day Activities/
/operations that support
emergency management
☒ Information
Technology
☒ Cyber Security
Enhancement Equipment
☒ Interoperable
Communications
Equipment
☒ Other Authorized
Equipment
☐ Staff Expenses
☐ Course Development
☐ Course Delivery and
Evaluation
☐ Staff Expenses
☐ Certification /
Recertification of
instructors
☐ Design/Develop
☐ Conduct / Attend /
Evaluate
☐ Supplies / Materials /
Production Costs
EXHIBIT E
FY22-Project Request-EMPG EOC TechnologyTechnology 2
I E. Core Capability and Community Lifelines - Identify each of the 12 Emergency Management Core Capabilities (or other Core Capability) this project addresses as well as the Community Lifeline(s) this project is most likely to help restore.
Please check all that apply.
☒ Planning ☒ Public Information
& Warning
☒ Operational Coordination ☒ Long-Term
Vulnerability Reduction
☐ Risk and Disaster
Resilience Assessment
☒ Situational
Assessment
☐ Community
Resilience
☐ Threats and Hazard
Identification
☐ Logistics and Supply
Chain
☒ Mass Care Services
☐ Economic
Recovery
☐ Other (please specify)
_____________________________________________________________________ Please identify the Community Lifelines this project is most likely to help stabilize:
☐ Safety and
Security
☒ Food, Water,
Shelter
☒ Health and Medical ☒ Energy (Power & Fuel) ☒ Communications ☐ Transportation ☐ Hazardous Materials
I F. Project Description/Justification - Briefly describe exactly what the project entails (including any equipment purchases or contracting that will be necessary for the project). Please also describe how the project is expected to impact (improve/sustain) the Core Capability(ies) and restore the Community Lifelines identified above.
This project enables Operational Area emergency managers to fully leverage data communication capabilities and sharing of critical information in their EOCs. Laptops and other computers support response and mitigation during emergencies and disasters via common operating picture and resource management web-based programs such as Web EOC, HSIN, COPLink, Mutualink, etc. as well as by supporting situational awareness.
Eligibility of Operational Area jurisdictions for this funding is based on the following criteria:
Equipment Criteria—Laptops/Computers
• Funding is primarily for replacement of existing EOC laptops/computers that are at least 4 years old.
• Written justification must be provided if funding is requested for additional laptop capacity (i.e. non-replacement laptops) in the City/Town EOC. This written justification must identify the specific EOC needs the additional laptop(s) would provide for as well as specifically how the laptop will be used in the EOC during an activation. These requests will be evaluated and approved on an individual basis.
• Funding is limited to a maximum of $1,900 per computing device (including all peripherals, tax and shipping).
• Grant funds generally cannot be used to purchase warranties, maintenance/service agreements, or software that aren’t bundled/included with the laptop unless preapproved. • Any computing device purchased under this project must be capable of running WebEOC—e.g. able to connect to the city/town network and run the necessary browser or other software to access WebEOC.
Equipment Criteria—Projectors/Screens/Monitors/Displays/Printers/Laminators/Switches/ Networking/Audio or Visual Communications Equipment (e.g. speakers, microphones, cameras, mixers, etc.)
FY22-Project Request-EMPG EOC TechnologyTechnology 3
• Each piece of equipment under this category must be fully described including both equipment quantities and specifications (e.g. 2 50” displays), where in the EOC it will be mounted/ located (e.g. North wall) and how it will be used (e.g. to provide situational awareness, WebEOC status boards, etc.).
• Mounted equipment will require State and Federal Environmental and Historic Preservation (EHP) approval prior to purchase of equipment. Forms must be submitted as soon as possible after grant award.
• Cost estimates, including actual bids/pricing information for the equipment must be provided to the grant manager for review and approval. The overall EOC technology project budget may require prioritization of individual jurisdiction’s specific technology projects.
Satellite Phones
• Satellite phone equipment for emergency communication with the City/Town or County EOC may be purchased though the City/Town will be responsible for paying for satellite phone service and any phone maintenance or repair.
City/Town Criteria
• The City/Town must email their intent to use EMPG funding for computing devices—along with the number and type (e.g. laptop) of devices and any required justifications—by September 30, 2022.
• Each City/Town must enter into an MOU with the County for the computers by July 31, 2023.
• Each City/Town must procure any approved laptops/computers under an existing competitive contract OR obtain bids (at least 2) in accordance with local (City/Town) and Federal procurement rules (whichever is more restrictive).
Each City/Town must procure any approved computers / equipment and submit all invoices to the County Office of Emergency Management by March 31, 2024.
I G. Does this project require a sole source?
☐ Yes If “Yes”, please explain ☒ No N/A
I H. Installation
- Does this project require installation, new construction or renovation, retrofitting, or modification of existing structures?
☒ Yes, If “Yes”, please: ☒ No
1. Provide an explanation AND Attach a completed Environmental and Historic Preservation screening form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195 Specific Jurisdiction equipment may be mounted and require an EHP. Completed EHP forms will be required once a specific project that requires installation is selected.
III. FUNDING
III A. Proposed funding amount
- Provide the proposed funding amount to be obligated from this Project towards Planning and Equipment elements.
(Please check the appropriate box(es) on the left side for all that apply). - Also, for each funding area selected, provide a brief narrative below describing the items or services being funded.
ELEMENT PROPOSED FUNDING
☐ Planning $
FY22-Project Request-EMPG EOC TechnologyTechnology 4
☒ Equipment $80,000
☐ Management & Administration $
☐ Training $
☐ Exercise $
TOTAL PROJECT COSTS $
Description of Expenditures That Will Be Used for Project Grant Match OEM Equipment or OEM Personnel Costs
AEL # Equipment
- Use this link to locate and provide the Authorized Equipment number needed for equipment approval https://www.fema.gov/authorized-equipment-list ☐ 04HW-01-INHW
04MD-03-DISP
04MD-02-PROJ
Information Technology
☐ Cyber Security Enhancement Equipment
☐ 06CC-03-SATP Interoperable Communications Equipment
Phone, Satellite Portable
☐ Detection Equipment
☐ CBRNE Reference Materials
☐ CBRNE Incident Response Vehicle
☐ Physical Security Enhancement Equipment
☐ Power Equipment
☐ CBRNE Logistical Support Equipment
☐ 21GN-00-OCEQ Other Authorized Equipment:
Contact grants manager prior to selected this sub-category III B. Other Source(s) of funding
- List other source(s) of funding that is being requested or utilized for this project (check the appropriate box(es) on the left side)
ELEMENT PROPOSED FUNDING
☐ UASI $
☐ SHSGP $
☐ General Funds $
☐ Other Grant Funds $
TOTAL OTHER FUNDING $N/A
Other Funds:
- Explain how any other funds, such as general funds, UASI, etc., will be used to assist in implementation of this project.
FY22-Project Request-EMPG EOC TechnologyTechnology 5
PROJECT MANAGEMENT AND IMPLEMENTATION
IV A. Milestones
Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period under the 2022 EMPG.
No start date should begin before July 1, 2022 and no end date should end after March 31, 2024.
These dates are subject to change based on notification of application approval.
No equipment may be purchased, contracts started or project costs incurred until notified by Grant Administrator that funds may be spent.
If unsure of exact dates, use Quarter timeframes
Include key steps in the procurement process—i.e. RFP issuance, Contract execution, PR issuance, delivery, etc.
MILESTONE
NUMBER
MILESTONE NAME/DESCRIPTION
(1,000 CHARACTER LIMIT)
START DATE
(MM/DD/YYYY)OR
Q1, Q2, Q3, Q4
END DATE
(MM/DD/YYYY)OR
Q1, Q2, Q3, Q4
1 MOU between City/Town and County in Place As early as Dec 1, 2022
No later than
Feb 28, 2023
2 Environmental Historic Preservation (EHP) Forms for FEMA Review Completed (If applicable)
As early as
Dec 1, 2022
No later than
June 30, 2023
3 City/Town Performance Period As early as
July 1, 2022
No later than
March 31 2024
4 City/Town Procurement of Project Equipment (once grant award is made, MOU is signed, and required EHPs approved) As early as Jan
1, 2023
No later than
March 31, 2024
5 Installation and testing of Project Equipment As early as Jan 1, 2023
No later than
March 31, 2024
6 City/Town submits invoice to County for reimbursement As early as January 1, 2023
No later than
April 15, 2024
IV B. Project Outcomes
- Describe the outcomes and benefits that will be achieved as a result of this project. The outcomes should address specific community lifelines.
EOC laptops and EOC equipment will increase the ability for first responders and emergency managers to effectively collect and provide information and data throughout the operational area and region. In addition, they enhance local emergency managers’ abilities to respond to and mitigate the emergency or disaster. Laptops must meet minimum standard requirements to support WebEOC, HSIN, COPLink, and WebLink as well as other websites and software that may be needed in a disaster.
A laminator with the capacity to create large sized documents and maps provides staff with the ability to quickly create operational maps and charts when a hazard occurs. Maps and charts of relevant information, such as the location of the city’s power lines, can be made in advance and prepared so that in an emergent situation they can be quickly accessed and used.
Enhanced technology in EOCs create more efficient and effective Emergency Operations Center. The equipment will be interoperable with existing communications systems, enabling live updates during hazard events. Situational awareness will be available to all EOC personnel at all times, with multiple screens in various strategic locations around the room projecting and sharing updated information for events throughout the City/Town as well as the region.
Updated technology facilitates the exchange of real time data with outside agencies and provides timely communication and notification to the public when a hazard occurs.
FY22-Project Request-EMPG EOC TechnologyTechnology 6
IV C. Project Deliverables
- Describe the specific deliverables that will be produced as a result of this project.
EOC laptops for jurisdictions within the Operational Area capable of supporting and displaying WebEOC, HSIN, COPLink, and WebLink as well as the other work of an Emergency Operations Center during a disaster.
EOC displays (projector, monitor, wall maps, etc.) will be upgraded to facilitate better situational awareness and to communicate a common operating picture within the EOC as well as facilitate interoperable communication with the public and outside agencies.
New and upgraded audio and visual equipment enhances communication with entities outside the primary EOC location whether during virtual EOC operations (such as during the pandemic) or in coordination with other EOCs, Department Operations Centers (DOCs), Incident Command Posts (ICPs), or others.
WBS #
M T W TH F S S M T W TH F S S TOTAL
12/27/21 12/28/21 12/29/21 12/30/21 12/31/21 1/1/22 1/2/22 1/3/22 1/4/22 1/5/22 1/6/22 1/7/22 1/8/22 1/9/22 HOURS A - EMPG Grant Administration
B - EOAC Liaison
C - CSTI Training
D - EOC Technology
E - ReadySCC App
F - Preparedness Materials and Outreach
G - CADRE Community Preparedness
H - Emergency / Risk Communications
Officer
I - Remote Automated Weather Station
(RAWS)
Emergency Manager CERT Related
Activities
Emergency Manager PLANNING Activities
Emergency Manager TRAINING
Administration, Development and Delivery
or EXERCISE Activities
Emergency Manager OPERATIONAL
READINESS Activities
Emergency Manager COVID-19 Related
Activities
Public Risk Communication Officer/PIO
Actitivies
STO / Vacation / Leave
Total Work Hours
Employee Signature Supervisor's Signature
107-G107EM22
PROJECTS
HOURS WORKED BY DAY
LABOR DISTRIBUTION
TIME SHEET Week Ending First and Last Name
City/County
Participating
1/9/22 Emergency Manager's Name SCC OEM
EXHIBIT F
CONTRACTOR CERTIFICATION OF COMPLIANCE WITH
COVID-19 VACCINE REQUIREMENTS
(Version Effective September 27, 2022)
Contractor Information:
Contractor name: Name of Contractor representative:
Contractor phone number: Contractor email address:
Contractor Certification. On behalf of Contractor, I hereby certify that:
1. Contractor has reviewed and is in compliance with all current County requirements regarding COVID-19 vaccination applicable to contractor’s personnel working at County facilities, including but not limited to the requirements in the County’s memorandum regarding COVID19 Vaccine Requirement for County Personnel (“County Vaccine Policy”), the County’s memorandum regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, all current State and County Health Officer orders, and any other County requirements. These memoranda and current County policies are accessible at <https://procurement.sccgov.org/doing-business-county/contractor-vaccinations>.
Contractor understands that it is responsible for reviewing and maintaining compliance with all subsequent revisions or amendments to State and County orders and requirements regarding COVID-19.
2. As of the date signed below:
a. Contractor understands that it must confirm, and has confirmed, that all of contractor’s personnel (including any subcontractor personnel) who routinely perform services for the County onsite and share airspace with or proximity to other people at an indoor County facility as part of their services for the County1 are:
i. Fully vaccinated against COVID-19 as defined and required in the County Vaccine Policy;
2 or
1 As established in the County’s Memorandum Regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, contractors performing work at closed construction sites are not required to comply with the County’s vaccination requirements, but must comply with all applicable federal, state, and local public health laws, including but not limited to any vaccination, testing, and masking requirements. 2 County departments are required by law to implement any State-issued requirements, including ones that are more restrictive than the County’s internal policies. As of the date of this policy, the California Department of Public Health (CDPH) requires that workers in health care facilities, as well as specified workers in custodial settings, obtain a COVID19 booster dose. Thus, contractor personnel subject to this CDPH booster requirement are expected to comply with it, in addition to the County’s policy. The exemption process in Section C of the County Vaccine Policy shall apply to any requests for exemption from the State booster requirement.
EXHIBIT G
ii. Have a legally sufficient and approved medical, disability, or religious exemption from vaccination that has been granted by contractor. b. Contractor has verified and will continue to verify the vaccination status of all staff working on site at any County facility, and has obtained proof of vaccination from its staff in a form consistent with the California Department of Public Health’s Vaccine Records Guidelines and Standards.
3. If contractor seeks to send any personnel who are not fully vaccinated to work indoors at any County facility because the contractor has granted them an exemption, contractor shall notify the County in writing by providing a list of any such personnel to the COVID-19 Designee for the department that manages the facility where the contractor personnel will be working at least 96 hours in advance of any such personnel arriving onsite so that the department has sufficient time to determine whether it will approve the contractor’s requests that its personnel work onsite and, if approved, can ensure that the contractor has complied with all applicable COVID19 safety requirements for unvaccinated individuals, including, where appliable, regular testing and the use of a fit-tested N95 mask.
3 Notice must be separately provided to each department that manages a facility where contractor seeks to assign personnel to work onsite.
4. If any of contractor’s personnel are noncompliant with vaccination or testing requirements, contractor will notify the County Department for which they are providing services immediately and will not permit those personnel to go onsite at a County facility without express written permission from the County.
5. Contractor will comply with all reasonable requests by the County for documentation demonstrating the contractor’s compliance with this Certification.
I verify the truth and accuracy of the statements in this Certification under penalty of perjury under the laws of the State of California.
_____________________________________
Name of authorized representative of
Contractor
________________________________
Title
_____________________________________
Signature
________________________________
Date
3 If contractor sends personnel who are not fully vaccinated, it is contractor’s obligation to ensure that it has any necessary authorization under the California Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 et. seq., and under any other laws to share this information with the County.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL APPROVING, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND ADMINISTER, THAT CERTAIN
GRANT AGREEMENT WITH COUNTY OF SANTA CLARA FOR
THE 2022 EMERGENCY MANAGEMENT PERFOMANCE GRANT
AND APPROVING AN AMENDMENT TO THE CITY’S FISCAL
YEAR 2022/2023 BUDGET IN THE GENERAL FUND (FUND NO.
010) TO APPROPRIATE $15,200 THEREFORE
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting the entrance of the City into that certain agreement described in, and that is the subject of, this Resolution are set forth in detail in that certain City Council Staff Report entitled “Memorandum of Understanding for Emergency Management Performance Grant” submitted for City Council consideration at its meeting of March 15, 2023, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 2022/2023, as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the activities allowed under this Resolution do not constitute a project under the provisions of California Environmental Quality Act of 1970; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the Memorandum of Understanding Agreement with County of Santa Clara for the Emergency Management Performance Grant substantially in the form attached hereto as Exhibit B and incorporated herein by this reference (the “Agreement”) is hereby approved; and
b. That the City Manager is hereby delegated authority to and is authorized and directed to execute, and subsequently administer including the authority to terminate as necessary or appropriate, the Agreement substantially in the form attached hereto as Exhibit B; provided, specifically, that the total amounts to be received in grant funds by City under the Agreement shall in no event exceed Fifteen Thousand Two Hundred Dollars ($15,200); and
c. That the City’s previously adopted Fiscal Year 2022/2023 Budget, as the same has been amended to date, is hereby further amended in accordance with and as reflected on Exhibit A attached hereto and incorporated herein by this reference; and
d. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2022/2023 Budget of the City.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 15th day of March 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
DATE: _____________________ ___________________________________ Mark Turner, MAYOR
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No.XXXX , adopted by the City Council at the meeting held on March 15, 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ Michelle Bigelow, CITY CLERK
AGENDA BUDGET SCORECARD
FISCAL YEAR 2022-2023
ADJUSTMENT # 003
FUND: 010 General Fund
DEPARTMENT: 3230 Police-Emergency Services
OBJECT: 42248 OTHER SUPPLIES
AGENDA DATE: 03/15/23
AGENDA ITEM TITLE:
07/01/22 06/30/23
AUDITED PROJECTED
BEGINNING AMENDED ENDING
FUND ESTIMATED APPROPRI- FUND
BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 33,685,888 50,511,569 55,830,094 28,367,363
CUMULATIVE REVISIONS PRIOR - - - -
TO RECOMMENDED ACTION
RECOMMENDED ACTION 15,200 15,200 -
RESULT OF RECOMMENDED ACTION 33,685,888 50,526,769 55,845,294 28,367,363 2023 Emergency Management Performance Grant MOU
7 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2344, NEW SERIES, APPROVING A ZONING
MAP AMENDMENT FROM PLANNED DEVELOPMENT/GENERAL
COMMERCIAL TO MIXED USE FLEX FOR A MIXED-USE
DEVELOPMENT ON A 3.82-ACRE SITE LOCATED ON THE
SOUTHWEST QUADRANT OF COCHRANE ROAD AND MONTEREY
ROAD (MONTEREY – CITY VENTURES (THE GATES)) (APNS 764-10- 013 AND 764-10-015)
RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2344, 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.
COUNCIL PRIORITIES, GOALS & STRATEGIES
2022-2023 Strategic Priorities
Affordable Housing and Homelessness
Economic Development
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
On February 15, 2023, the City Council introduced Ordinance No. 2344 New Series, by the following roll call vote: Ayes: Borgioli, Librers, Martinez Beltran, Turner; Noes:
Spring; Abstain: None; Absent: None.
The Ordinance implements the Zoning Map Amendment from Planned Development/General Commercial to Mixed Use Flex for a 3.82-acre site to allow for the development of a mixed-use project consisting of 5 commercial flex units, 49 townhome-style condominiums, and associated amenities.
COMMUNITY ENGAGEMENT:
A project webpage was created on the Morgan Hill website. The date and time of this meeting was publicly noticed (mailed to property owners within 600-feet of the project site and newspaper legal notice) for the minimum 10-day period and a project
7 development sign was posted at the property location pursuant to the Planning Division requirements.
ALTERNATIVE ACTIONS:
Not Applicable.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The existing “Gateway Center” Planned Development (PD) was approved by the City Council (Ordance No. 1549) on May 1, 2002.
The Planning Commission conducted a public hearing on January 11, 2022, for the Preliminary Plan Review SR2021-0020 project proposal, as required by Section
18.115.100 (Preliminary Review) of the Morgan Hill Municipal Code (MHMC). All General Plan Amendments require a Preliminary Plan Review prior to the formal submittal of a General Plan application. After receiving input from the Planning Commission, the applicant, City Ventures, worked with City staff and changed the site layout to improve on-site circulation and address concerns regarding ingress/egress and access to the site via Monterey Road.
The Planning Commission reviewed the project on December 13, 2022 and accepted public comment on the proposed project. The Planning Commission recommended approval of the Zoning Amendment application.
On February 15, 2023, the City Council approved the MND and the Mitigation Monitoring and Reporting Program, approved the resolution approving an amendment to the General Plan land use designation, and introduced the Zoning Amendment Ordinance.
FISCAL AND RESOURCE IMPACT:
The City's development review functions are cost-recovery, with fees collected from applicants to cover the cost of services. These fees have been collected.
CEQA (California Environmental Quality Act):
An initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the project by Raney Planning & Management, Inc. dated October 2022 in conformance with the California Environmental Quality Act (CEQA). The IS/MND was circulated for 30 days from November 11, 2022 to December 12, 2022. On February 15, 2023, the City Council approved the MND and the Mitigation Monitoring and Reporting Program.
ORDINANCE NO. 2344, NEW SERIES
AN ORDINANCE OF THE CITY OF MORGAN HILL
APPROVING A ZONING MAP AMENDMENT FROM
PLANNED DEVELOPMENT/GENERAL COMMERCIAL
TO MIXED USE FLEX FOR A MIXED-USE
DEVELOPMENT ON A 3.82-ACRE SITE LOCATED ON
THE SOUTHWEST QUADRANT OF COCHRANE ROAD
AND MONTEREY ROAD (MONTEREY – CITY VENTURES
(THE GATES)) (APNS 764-10-013 AND 764-10-015)
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:
SECTION 1. The proposed amendment is consistent with the General Plan and any applicable specific plan as provided by Government Code Section 65860.
The proposed project is consistent with the policies of the General Plan and also the proposed General Plan designation of Mixed-Use Flex.
SECTION 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The project is a mixed use development that would provide housing and commercial opportunities. The proposed project is not expected to detrimental to public interest, health, safety, convenience, or welfare of the City. An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the project per the California Environmental Quality Act (CEQA). A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the project which includes all measures required to reduce potentially significant environmental impacts to a lessthan significant level which will be incorporated into any approval of a future development project.
SECTION 3. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.
The amendment would allow for development of a mixed-use project. Based upon analysis of the conceptual plan, the project would comply with all the required development standards outlined in the MU-F zone district. The project site is large enough to fit the proposed project and be complementary to the other residential mixed-use projects located along Monterey Road. The zone change would provide an appropriate transition from the lower density single-family detached
City of Morgan Hill
Ordinance No. 2344, New Series
neighborhoods to the north and west of the project site to the higher density singlefamily attached neighborhoods and commercial areas along Monterey Road.
SECTION 4. The request was considered by the Planning Commission at its regular meeting of December 13, 2022, at which time the Planning Commission recommended approval of Zoning Amendment application, ZA2021-0006: Monterey – City Ventures (The Gates).
SECTION 4. Effective Date; Posting.
This Ordinance shall take effect on the 31st day after adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.
THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 15TH DAY OF FEBURARY 2023, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 15TH DAY OF MARCH 2023, AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Ordinance No. 2344, 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. 2344, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 15th day of March 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
-1-
MEMORANDUM OF UNDERSTANDING
WITH RESPECT TO “THE GATES”
This Memorandum of Understanding (“MOU”) is made this 15th day of March, 2023, by and between CITY VENTURES, LLC, a Delaware limited liability company (“City Ventures”), and CITY OF MORGAN HILL, a municipal corporation (the “City”), with respect to the following facts:
A. City Ventures has made application to the City for the approval of the entitlements (the “Application”) with respect to a project commonly known as “The Gates” which is located at 18545-18565 Monterey Road, Morgan Hill (the “Property”). The Application presently proposes a mixed-use project with both residential and commercial uses as described in the General Plan Amendment application GPA2021-0005 and Zoning Map Amendment application ZA2021-0006: Monterey – City Ventures (The Gates) on the Property. A copy of the Application is attached hereto as Exhibit A.
B. The City is in the process of amending its General Plan covering an area within the City of Morgan Hill which includes the Property, in a manner which would allow for the Property to be developed as an all-residential project.
C. The City seeks the assurance of City Ventures that City Ventures will preserve the mixed-use designation on the site and not amend the Application or leverage any state laws to build a residential-only project.
NOW THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, City Ventures hereby provides its assurance to the City that City Ventures will not amend the Application to build a residential-only project and will maintain the commercial space substantially as shown on the Application.
IN WITNESS WHEREOF, City Ventures and the City have executed this MOU as of the date and year first written above.
CITY VENTURES, LLC, CITY OF MORGAN HILL,
a Delaware limited liability company a Municipal corporation
By: ____________________________ By: __________________________ Name:________________________ Name: ________________________ Its: ____________________________ Its: ___________________________
-2-
EXHIBIT
APPLICATION
-3-
8 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2345, NEW SERIES, AMENDING SECTION
2.04.010 OF THE MUNICIPAL CODE, REGARDING THE TIME AND
LOCATION OF THE COUNCIL MEETINGS
RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2345, 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.
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
REPORT NARRATIVE:
On February 15, 2023, the City Council introduced Ordinance No. 2345 New Series, by the following roll call vote: Ayes: Borgioli, Librers, Spring, Turner; Noes: Martinez Beltran; Abstain: None; Absent: None.
Adoption of the attached ordinance changes the Morgan Hill City Council's regular meeting start time from 7:00 pm to 6:00 pm. The ordinance would be effective on the 31st day after adoption of the ordinance.
8 COMMUNITY ENGAGEMENT:
This report serves to inform the community of the proposed change to the start time of City Council meetings.
ALTERNATIVE ACTIONS:
Not Applicable.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
Not Applicable.
FISCAL AND RESOURCE IMPACT:
There is no fiscal impact associated with this action.
CEQA (California Environmental Quality Act):
Not a Project. Administrative activities of governments that do not result in direct physical changes in the environment do not qualify as a project for purposes of CEQA.
ORDINANCE NO. 2345, NEW SERIES
AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING SECTION 2.04.010 OF THE MUNICIPAL
CODE, REGARDING THE TIME AND LOCATION OF
THE COUNCIL MEETINGS
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment of Municipal Code. Section 2.04.010 of the Morgan Hill Municipal Code is hereby amended to read:
Section 2.04.010 Meetings – Time and Location
The regular meeting of the City Council shall be held on the first, third, and fourth Wednesdays of every month. If at any time a regular meeting falls on a City holiday, such regular meeting shall be canceled. All meetings shall be held in the Council Chamber located at the Civic Center, 17555 Peak Avenue, Morgan Hill, California, at 6:00 p.m., or at another time or location as designated by minute order of the City Council.
Section 2 Effective Date
This ordinance shall become effective on the 31st day after adoption.
The foregoing ordinance was introduced at a Regular meeting of the City Council held on the 15th day of February 2023 and was finally adopted at a Regular meeting of the City Council held on the 15th day of March 2023 and said ordinance was duly passed and adopted in accordance with law by the following vote:
AYES: COUNCIL MEMBERS: Gino Borgioli, Marilyn Librers,
Rene Spring, Mark Turner
NOES: COUNCIL MEMBERS: Yvonne Martinez Beltran
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED: ATTEST:
MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Ordinance No. 2345, 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. 2345, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 15th day of March 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
9 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Hilary Holeman, Administrative Analyst
APPROVED BY: City Manager
ADOPT RESOLUTION OPPOSING BALLOT INITIATIVE #21-0042A1,
SPONSORED BY CALIFORNIA BUSINESS ROUNDTABLE, LOBBYING
ARM OF THE LARGE CORPORATIONS IN CALIFORNIA
RECOMMENDATION(S)
1. Adopt resolution to oppose ballot Initiative #21-0042A1; and
2. Authorize staff to send a letter to the League of California Cities formalizing the City's position.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Preserving and Cultivating Public Trust
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:
On February 1, 2023, the purported “Taxpayer Protection and Government Accountability Act,” or AG# 21-0042A1, qualified for the November 2024 ballot. The measure would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.
The initiative includes provisions that would retroactively void all state and local taxes or fees adopted after January 1, 2022 if they did not align with the provisions of the initiative. The measure is sponsored by the California Business Roundtable (CBRT) — the lobbying arm of the largest and wealthiest corporations in California.
The League of California Cities alerted member cities and requested they take action to join a broad coalition of local governments, labor, public safety, education, and infrastructure advocates, to strongly oppose this initiative.
9 COMMUNITY ENGAGEMENT:
Inform - This report serves to inform the community about the City’s position on pending legislation that directly impacts the City of Morgan Hill.
ALTERNATIVE ACTIONS:
The City Council could decide not to oppose this initiative.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
City Council periodically approves City positions on various pending State, County or other regional board legislations or actions that have a direct impact on the City of Morgan Hill.
FISCAL AND RESOURCE IMPACT:
The Taxpayer Protection and Government Accountability Act puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. Any City of Morgan Hill fees that have been adopted by the City Council since January 1, 2022, such as the Development Services User Fees adopted on January 19, 2022, indexed fees that adjusted over time for inflation, or other factors such as User Fees and Impact Fees, would be subject to legal peril.
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.
RESOLUTION NO:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL OPPOSING BALLOT INITIATIVE 21-
0042A1, INITIATIVE CONSTITUTIONAL AMENDMENT
WHICH WOULD LIMIT ABILITY OF VOTERS AND
STATE AND LOCAL GOVERNMENTS TO RAISE
REVENUES FOR GOVERNMENT SERVICES.
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that would allow corporations to pay less than their fair share for the impacts they impose on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure threatens billions of dollars currently dedicated to state and local services, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to address homelessness, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, ports, drinking water, sanitation, utilities, and more.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Morgan Hill finds the Initiative #21-0042A1, if enacted, would threaten the City’s ability to provide essential services and infrastructure needs; and
BE IT FURTHER RESOLVED that the City Council opposes Initiative #21-0042A1.
City of Morgan Hill
Resolution No.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at a Regular Meeting held on March 15, 2023
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
_____________________________ ________________________________ MARK TURNER, 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-xxxx, adopted by the City Council at a special meeting held on March 15, 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
17575 Peak Avenue
Morgan Hill, CA 95037-4128
TEL: (408) 779-7271
FAX: (408) 779-3117
www.morganhill.ca.gov
March 16, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter Opposing Initiative 21-0042A1
On March 15, 2023, the City of Morgan Hill voted to adopt a resolution opposing Initiative 21-0042A1, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.
The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.
This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.
This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.
Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.
You may list the City of Morgan Hill in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.
Sincerely,
Mark Turner, Mayor
City of Morgan Hill
Cc: Seth Miller, Regional Public Affairs Manager, League of California Cities, [email protected] Meg Desmond, League of California Cities, [email protected] [email protected]
10 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Keri Russell, Maintenance Coordinator
APPROVED BY: City Manager
APPROVE PURCHASE OF MAINTENANCE DIVISION DUMP TRUCK
RECOMMENDATION(S)
1. Approve the purchase of a 2022 Ram 5500 Chassis Cab Dump Truck from the Gilroy Chrysler Dodge Jeep Ram in the amount of $114,887 to replace vehicle D08127; and
2. Authorize the disposal of the surplus vehicle D08127 in accordance with Section
3.04.400 of the City of Morgan Hill Municipal Code.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:
Staff prepared detailed specifications for the Maintenance Division dump truck scheduled for replacement in Fiscal Year (FY) 2021-22 based on Division needs and requested quotes from the National Auto Fleet Group using a Sourcewell purchasing agreement. However, to date this request was met with no responses as there has been no available vehicles in inventory nor the ability to order the needed vehicle due to manufacturing and supply delay issues. The National Auto Fleet group encompasses many manufacturers such as Ford, Chevrolet, and Dodge but had no vehicles comparable to a Ford F-250 and above to offer. City staff have spent significant time reviewing alternative vehicle options but were unable to find any available vehicles with ordering options.
City staff have also tried to work with the Ford Store of Morgan Hill and NorCal Kenworth and have been unable to find a 3-4 ton dump truck available to purchase. City staff engaged with the Gilroy Chrysler Dodge Jeep Ram who has one vehicle on the lot that meets the needs of the City and a quote was requested. Gilroy Chrysler Dodge Jeep Ram does not anticipate any more dump trucks to arrive for at least another 6 months.
10 The current Dump Truck is 15 years old and has high use and a limited life expectancy.
Therefore, staff recommends the Council approve the purchase of this dump truck from Gilroy Chrysler Dodge Jeep Ram. The Municipal Code allows for the City Council to approve a purchase without a competitive bid upon a determination that competitive bids would not be likely to result in a lower price to the city or would cause unnecessary expense or delay under the circumstances. Staff is also recommending that the vehicle being replaced be declared as surplus to be disposed of via auction, to obtain the highest possible revenue from the surplus sale.
COMMUNITY ENGAGEMENT:
Not Applicable
The replacement of equipment and vehicles are necessary functions to support basic operations within the Maintenance Division and therefore no community engagement was necessary.
ALTERNATIVE ACTIONS:
The Council could choose not to approve the recommended purchase. However, purchase of a replacement dump truck is an extremely high priority due to uses supporting base maintenance needs. Should the current vehicle go out of service, the City would risk not being able to respond to basic street and park maintenance needs of the City.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
There have been no previous actions relating to the purchase of this specific vehicle.
The City purchases replacement vehicles and equipment annually and funding for the purchase was appropriated with the adoption of the Fiscal Year 2022-23 and 2023-24 Biennial Budget.
FISCAL AND RESOURCE IMPACT:
The vehicle replacement purchases are included in the FY 2022-23 budget within the Equipment Replacement Fund (790), in which adequate funds are set aside for these replacements. The revenue received from the surplus sales of vehicles and equipment will be deposited into the Equipment Replacement Fund, to credit towards future replacement vehicles.
CEQA (California Environmental Quality Act):
Not a project
Vehicle replacement is an administrative program that will not result in a change to the physical environment. This action is not a project under the California Environmental Qualtiy Act.
Gilroy Chrysler Dodge Jeep Ram
455 Automall Dr
Gilroy
CA, 95020
www://gilroychryslerdodgejeepram.com
Deal #
112498
Customer #
62276
Anthony Sida
Contact Sales: (408) 842-8244
CITY OF MORGAN HILL
(408) 776-7333
100 EDES ST, MORGAN HILL, CA 95037
2022 Ram 5500 Chassis Cab
Tradesman
VIN : 3C7WRNBL2NG374006 | Stock # : 22T2347
Mileage : 140 mi
Color : Bright White
Cash
$0.00
Customer Cash
Payment Detail
MSRP $107,233.00
Discount $2,918.08
Total Savings $2,918.08
Your Price $104,314.92
Other F&I Products $349.00
Fees $672.75
Taxes (9.125%) $9,550.58
Unpaid Cash Balance $114,887.25
Amount Financed $114,887.25
AS
$114,887.25
© Tekion Corp 2023 Thu Feb 23, 2023 | 3:17 PM
Customer Signature & Date
X
Anthony Sida | Manager Signature & Date
X
Payments offered here are all subject to final credit approval from the lending institution. Vehicle Price does not include accessories and is before Taxes and/or applicable fees. Leases in some cases require additional cash for Security Deposit, and at Lease's End, Lessee is responsible for $0.25 per Mile over 12000 Miles per year and a Disposition Fee of $495.00. Wear and tear guidelines apply. All prices, specifications, and availability subject to change without notice.
11 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Jennifer Ponce, OES Coordinator
APPROVED BY: City Manager
APPROVE UPDATED EMERGENCY OPERATIONS PLAN
RECOMMENDATION(S)
Approve the distribution and use of the updated City of Morgan Hill’s Emergency Operations Plan.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Preserving and Cultivating Public Trust
2022-2023 Strategic Priorities
Community Outreach, Engagement, and Messaging
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:
The Office of Emergency Services is charged per City ordinance with the preparation and execution of a written plan designed to address the City’s response to man-made and natural disasters.
Staff from the Morgan Hill Office of Emergency Services has updated the Emergency Operations Plan consistent with current standards in emergency management. The plan outlines the necessary roles and responsibilities that will be discharged by City staff and volunteers in the event a disaster strikes Morgan Hill.
This plan continues the City’s compliance with the California Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS).
It facilitates multi-agency and multi-jurisdictional coordination during emergency operations, public information functions, and resource management.
COMMUNITY ENGAGEMENT:
11 Inform
The Emergency Operations Plan is a public document that outlines the City of Morgan Hill’s actions before, during, and after an emergency and guides the City’s response to major emergencies/disasters.
ALTERNATIVE ACTIONS:
If this plan is not updated, the current plan dated February 16, 2022 will remain in place.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The previous Emergency Operations Plan was approved by City Council on February 16, 2022.
FISCAL AND RESOURCE IMPACT:
The City of Morgan Hill must follow the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS) to be eligible for homeland security grant and hazard mitigation grant opportunities. This plan outlines how the City follows both SEMS and NIMS.
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.
Emergency Operations Plan
“Partnering with the community to improve the quality of life in Morgan Hill through preparedness”
Revision 2.4
March 15, 2023
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 2 Revision 2.4
Revision History
REV DATE DESCRIPTION AUTHOR
1.0 06-JAN-2013 Initial Release Jennifer Ponce
2.0 11-JAN-2018 New document format with multilevel paragraph & subject numbering; Added activation levels chart (page
9); Updated EOC Organization (pages 13-15); EOC
Operations update (page 17); Dissemination of
Information update (page 18); Removed CERT Section
(page 21); Updated web reference links (pages 27, 30,
31); Appendices broken out into new separate
document.
Jennifer Ponce
2.1 08-FEB-2018 Inserted Letter of Promulgation Jennifer Ponce N/A 23-JAN-2019 Annual Review; No changes Jennifer Ponce
2.2 13-JAN-2021 Revised with minor updates to sections 2.1, 2.2.6,
2.3.11.3, 3, 4.3.1, 4.2, 4.3.2, 4.7, 10.
New Letter of Promulgation from Mayor Constantine
Jennifer Ponce
2.3 02-FEB-2022 Annual Review; Added Call Center into section 2.3.11.2 (Ops Section); New Letter of Promulgation
Jennifer Ponce
2.4 15-MAR-2023 Annual Review; Revised with minor updates to sections
1.3, 2.2, 2.3, 2.4, 4.1, 4.2, 4.7, 7.1, 9.1, 10.4, 12.1, 13.4, 14, 15; New Letter of Promulgation
Jennifer Ponce
Approval Signatures
REV NAME TITLE/POSITION SIGNATURE
1.0 Jennifer Ponce OES Coordinator
2.0 Jennifer Ponce OES Coordinator
2.1 Jennifer Ponce OES Coordinator
N/A Jennifer Ponce OES Coordinator
2.2 Jennifer Ponce OES Coordinator
2.3 Jennifer Ponce OES Coordinator
2.4 Jennifer Ponce OES Coordinator
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 3 Revision 2.4
Reserved for Letter of Promulgation
17555 PEAK AVENUE
MORGAN HILL, CA 95037
PHONE: (408) 776-7373
FAX: (408) 778-7869
www.morgan-hill.ca.gov
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 4 Revision 2.4
Table of Contents
SECTION 1: EXECUTIVE SUMMARY ................................................................................................................................. 6
1.1 PURPOSE.......................................................................................................................................................................... 6
1.2 CONCEPT OF OPERATIONS ................................................................................................................................................... 6
1.3 THE CITY OF MORGAN HILL’S EMERGENCY ORGANIZATION........................................................................................................ 7 SECTION 2: PLAN DETAILS............................................................................................................................................... 8
2.1 PLAN OVERVIEW................................................................................................................................................................ 8
2.2 ACTIVATION OF THE EOC .................................................................................................................................................... 8
2.3 ORGANIZATIONAL STRUCTURE............................................................................................................................................ 10
2.4 COORDINATION WITH THE FIELD RESPONSE LEVEL – ICS.......................................................................................................... 15
2.5 THE ACTION PLANNING PROCESS (DURING AN INCIDENT)........................................................................................................ 16 SECTION 3: EOC OPERATIONS........................................................................................................................................17
3.1 EOC SET UP ................................................................................................................................................................... 17
3.2 EOC STAFFING................................................................................................................................................................ 17
3.3 EOC TRAINING................................................................................................................................................................ 17 SECTION 4: DISASTER SERVICE WORKERS – EMPLOYEES AND VOLUNTEERS..................................................................18
4.1 CITY EMPLOYEES.............................................................................................................................................................. 18
4.2 VOLUNTEER ORGANIZATIONS AND PRIVATE AGENCIES ............................................................................................................ 18
4.3 COORDINATION OF VOLUNTEERS ........................................................................................................................................ 19
4.4 REGISTRATION................................................................................................................................................................. 19
4.5 WORKER’S COMPENSATION CLAIMS.................................................................................................................................... 19
4.6 LIABILITY CLAIMS ............................................................................................................................................................. 19
4.7 ACTIVATION OF DISASTER SERVICE WORKERS (DSWS) ........................................................................................................... 19
4.8 EMPLOYEE EMERGENCY PREPAREDNESS TRAINING ................................................................................................................. 20 SECTION 5: WEBEOC......................................................................................................................................................20 SECTION 6: EMERGENCY PROCLAMATIONS ...................................................................................................................20
6.1 WHAT CONSTITUTES AN EMERGENCY? ................................................................................................................................ 20
6.2 LOCAL EMERGENCIES........................................................................................................................................................ 21 SECTION 7: CONTINUITY OF GOVERNMENT...................................................................................................................21
7.1 LINES OF SUCCESSION....................................................................................................................................................... 21
7.2 RECONSTITUTION OF THE GOVERNING BODY ......................................................................................................................... 22
7.3 PROTECTION OF VITAL RECORDS ......................................................................................................................................... 22 SECTION 8: MULTI-AGENCY / INTERAGENCY COORDINATION .......................................................................................22
8.1 MULTI-AGENCY OR INTERAGENCY COORDINATION IN THE EOC ................................................................................................ 23 SECTION 9: MUTUAL AID SYSTEM..................................................................................................................................23
9.1 MUTUAL AID AGREEMENTS/COUNTY OPERATIONAL AREA COORDINATORS ................................................................................ 23
9.2 MUTUAL AID POLICIES AND PROCEDURES............................................................................................................................. 24 SECTION 10: HAZARD ANALYSIS ......................................................................................................................................24
10.1 SEISMIC HAZARDS............................................................................................................................................................ 24
10.2 GEOLOGICAL HAZARDS ..................................................................................................................................................... 24
10.3 WILDFIRE HAZARDS.......................................................................................................................................................... 24
10.4 FLOODING ...................................................................................................................................................................... 25 SECTION 11: HAZARD MITIGATION..................................................................................................................................25
11.1 THE CASE FOR HAZARD MITIGATION ................................................................................................................................... 25
11.2 HAZARD MITIGATION ACTIONS........................................................................................................................................... 25
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 5 Revision 2.4
SECTION 12: AFTER THE DISASTER...................................................................................................................................26
12.1 LOCAL............................................................................................................................................................................ 26 SECTION 13: RECOVERY OPERATIONS..............................................................................................................................27
13.1 SHORT TERM OBJECTIVES .................................................................................................................................................. 27
13.2 MID TERM OBJECTIVES ..................................................................................................................................................... 27
13.3 LONG TERM OBJECTIVES ................................................................................................................................................... 28
13.4 DISASTER RECOVERY ASSISTANCE CENTERS ........................................................................................................................... 28
13.5 RECOVERY PLANNING ....................................................................................................................................................... 28
13.6 RECOVERY FUNDING......................................................................................................................................................... 28 SECTION 14: PUBLIC EDUCATION – DISASTER PREPAREDNESS ........................................................................................28 SECTION 15: APPROVALS, AUTHORITIES, AND REFERENCES ............................................................................................29
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 6 Revision 2.4
SECTION 1: EXECUTIVE SUMMARY
1.1 PURPOSE
The purpose of the Emergency Operations Plan (EOP) is to define the actions required of the City of Morgan Hill before, during, and after an emergency and to guide the City’s response to major emergencies/disasters.
Additionally, this EOP supports the Morgan Hill Municipal Code Chapter 2.44 Civil Disaster and Emergency Organization Purposes, which are “to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency...”
1.2 CONCEPT OF OPERATIONS
The City of Morgan Hill’s Emergency Operations Center (EOC) follows California’s Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) as the emergency management response structure for disaster operations. These systems provide for Management, Operations, Logistics, Planning and Intelligence, and Finance and Administration sections of the organization.
The operational priorities are protecting lives, meeting human welfare needs, temporary restoration of publicly provided facilities and services, as well as those provided by private organizations and special districts, protecting property, preserving the environment, and permanent restoration of facilities.
The Office of Emergency Services (OES) identifies potential threats to life, property and the environment, and then develops plans, procedures, and guidelines to minimize or respond to those threats. Together these documents will help coordinate and support emergency response and recovery and will be tested through exercises and validated by the results of actual response. The goal is to maintain a robust emergency management organization with collaborative ties among governments, community based organizations, volunteers, public service agencies and the private sector.
Morgan Hill OES follows the four (4) phases of Emergency Management. • Mitigation
Actions taken to reduce the exposure to, probability of, or potential loss from hazardous events.
Mitigation is often accomplished in conjunction with other local, state, and/or federal agencies. • Preparedness
Establishing of authorities and responsibilities for emergency actions and the garnering of resources to support them. Preparedness includes staff training, identifying possible facility, and asset needs and encompasses a program of tests, drills, and exercises. Public outreach is imperative and Community Emergency Response Team (CERT) training is an excellent vehicle to accomplish this work. • Response
Time-sensitive actions taken to save lives and protect property, including actions which stabilize the situation. Response includes notifying and activating the emergency management organization, warning, evacuating, or sheltering the local population, keeping the population informed, rescuing individuals and providing emergency medical care, maintaining law and order, assessing damage addressing mitigation issues that arise from response actions, and requesting help from outside sources, when needed. • Recovery
Efforts to restore the infrastructure, social, and economic life of the City. Recovery actions can last over an
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 7 Revision 2.4
extended period of time and involve costly expenditures, including Disaster Assistance funding from state and federal sources.
1.3 THE CITY OF MORGAN HILL’S EMERGENCY ORGANIZATION
1.3.1 Municipal Leadership
The Municipal Code provides for a Disaster Council to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements. The Disaster Council shall meet upon call of the Chair or in his/her absence the Vice Chair. It is important to note this Council does not have a response role during times of disaster and that it acts solely in an advisory capacity. The Disaster Council is comprised of:
• Council Chair – the Mayor
• Council Vice Chair – the Director of Emergency Services • Assistant Director of Emergency Services
• The Chief of Police, Director of Public Works, and the Fire Chief • Such other persons as may be appointed by the Mayor with the advice and consent of the City Council
1.3.2 Director of Emergency Services
This position is filled by the City Manager, who according to the Municipal Code is empowered to make a variety of decisions and take a variety of actions during an emergency on behalf of the City, including acting in the absence of the City Council. Several, but not all, of these powers and duties include:
• Request the City Council proclaim a local emergency
• Request the Governor proclaim a state of emergency
• Control and direct the emergency efforts of the City
• Direct cooperation and coordination between services and staff of the emergency organization of the city • Represent the City in all dealings with public or private agencies on matter pertaining to emergencies • Require emergency services of any City staff in the event of a proclamation
1.3.3 City Organization
• Field Personnel
o Morgan Hill Police Department
o Morgan Hill Fire Department (Cal Fire)
o Corporation Yard Staff
o Volunteers - Community Emergency Response Team (CERT), Amateur Radio Emergency Services (ARES)/Radio Amateur Civil emergency Service (RACES), Volunteers in Policing (VIP), and spontaneous volunteers, while under supervision
• EOC Personnel
o Dedicated City staff who are trained in EOC operations o Other City staff to serve as needed
o Volunteers – CERT, ARES/RACES, VIP
o Fire Representative
o Morgan Hill Unified School District Representative
o American Red Cross Representative
o Outside agencies as needed
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 8 Revision 2.4
SECTION 2: PLAN DETAILS
2.1 PLAN OVERVIEW
The City of Morgan Hill Emergency Operations Plan (EOP) is an all hazards document describing the City’s Emergency Operations organization, compliance with relevant legal statutes, other guidelines, and critical components of the Emergency Response System. This plan is not intended to address specific emergency responses.
It is the responsibility of the Office of Emergency Services (OES) Coordinator to develop emergency plans. The OES Coordinator will update and seek approval of the plan as needed.
The Morgan Hill EOP addresses the planned response to and recovery from conditions of disaster or of extreme peril to the safety of persons, property and the environment, by natural or human causes, affecting the City of Morgan Hill and its sphere of influence.
The Plan delineates the City emergency management organization and identifies policies, priorities, responsibilities, and procedures for the EOC.
The Plan also establishes the framework for implementation of SEMS within the City of Morgan Hill and guides its relationship with other levels of government as well as with Field Level Incident Commanders.
The plan is aligned with the State of California Emergency Plan, the Santa Clara Operational Area Interim Agreement, Santa Clara County Emergency Operations Plan, the Morgan Hill Municipal Code, as well as plans and Standard Operating Procedures (SOPs) of contract agencies and Special Districts.
The Plan is designed to guide the EOC staff through all phases of emergency management. It is flexible and can be used for all sorts of emergencies and will facilitate both short-term response and long-term recovery.
The Plan describes the basic concept of emergency management. It also describes the structure of the City of Morgan Hill emergency management organization, its responsibilities, and the operational concepts for all-hazard emergencies.
2.2 ACTIVATION OF THE EOC
The EOC is activated by an order of the Director of Emergency Services, or designated representative, in response to threats or disasters which may affect the City of Morgan Hill.
Other times when the EOC will be activated include:
• When the Governor has proclaimed a State of Emergency in an area that includes the City of Morgan Hill • By a Presidential Declaration of a National Emergency • The existence of a State of War Emergency
The Director of Emergency Services is authorized to activate the City of Morgan Hill’s EOC. In the absence of the City Manager, the Police Chief, Assistant City Manager for Development Services, or any of the City Director Heads may activate the EOC.
These personnel have the responsibility to determine whether the emergency condition requires the partial or full mobilization of the City Emergency Operations Organization to staff the EOC.
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 9 Revision 2.4
The response to an incident affecting the City of Morgan Hill will be dictated by the overall impact of the incident, rather than the type of incident.
2.2.1 General Criteria for an EOC Activation
• Resources beyond the local capabilities are/will be required • The emergency may be of a long duration
• Major policy decisions may be needed
• A local or state emergency has been declared
• Activation of the EOC will be advantageous to the successful management of the incident
2.2.2 The EOC Activation Process
Upon notification of the existence of a threat to public safety, property or the environment, (e.g. winter storm, flooding), the Director of Emergency Services (DES) will call together key City staff to assess the scope of the incident/emergency and make a decision regarding EOC activation and the level of activation. These response levels are described within the following Levels of Activation chart.
EVENT/INCIDENT EXAMPLES ACTIVATION
LEVEL MINIMUM STAFFING AUTHORIZATIONLEVEL
MAJOR EVENT
• Multiple site
• Regional disaster
• Multiple agencies involved
• Extensive evacuations
• Resources or support
required
THREE
• All EOC functions and
positions as required
• DES
• Department
Head(s)
MODERATE EVENT
• Single site
• Several response agencies
involved
• Partial evacuation
TWO
• City Manager or designate
• EOC Coordinator
• Public Information Officer
• Liaison Officer
• Section Coordinators
• DES
• Department
Head(s)
MINOR EVENT
• Single site
• Two or more departments
involved
• Potential threat of flood,
severe storm, interface fire
ONE
• EOC Coordinator
• Public Information Officer
• Liaison Officer
• Operations Coordinator
• DES
• Department
Head(s)
• OES Coordinator
Levels of Activation
2.2.3 City EOC Management, Direction and Control
The EOC is managed by the Director of Emergency Services. The City of Morgan Hill’s EOC will utilize multi/interagency coordination as defined in SEMS.
2.2.4 Concept of Operations
Emergency operations address the entire spectrum of contingencies, ranging from relatively minor incidents, such as a utility failure, to large scale disasters such as an earthquake. Some emergencies will be preceded by a buildup or warning period, providing sufficient time to warn the public and implement mitigation measures designed to reduce loss of life, property damage and effects on the environment. Other emergencies occur with little or no
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 10 Revision 2.4
advance warning, thus requiring immediate activation of the Emergency Operations Plan and efficient and coordinated mobilization and deployment of resources. City departments and agencies must be prepared to respond promptly and effectively to any foreseeable emergency, including the provision for, and utilization of, mutual aid assets.
2.2.5 Coordination with Other Emergency Responders
The City of Morgan Hill has identified the jurisdictions, special districts, community-based organizations (CBOs), volunteer agencies, private agencies, including non-government organizations (NGOs) that operate within the City’s geographical area and sphere of influence. Many organizations will have a response role during an incident.
Their roles will be coordinated by the OES, usually through pre-established relationships, and may include:
• American Red Cross, Silicon Valley Chapter
• CERT
• Faith-based organizations
• Local medical clinics
• Local veterinary clinics
• Medical Volunteer Disaster Response (MVDR, aka Medical Reserve Corps) • Morgan Hill Amateur Radio Emergency Services (MHARES) • Morgan Hill Unified School District (MHUSD)
• Mount Madonna Y.M.C.A
• Volunteers in Policing (VIP)
Deactivation will occur at the direction of the Director of Emergency Services or designee.
2.2.6 Shelter Operations
In the event of a large scale emergency or disaster, it may be necessary to open a shelter (or shelters) due to evacuation or damage to residences. Sheltering is the responsibility of the City; however, the American Red Cross (ARC) will join efforts as soon as they are able to respond. The City has established sheltering relationships with several local churches who have completed ARC training in shelter management and shelter operations with a dedicated team of City and Volunteer Disaster Service Workers.
In Morgan Hill shelter surveys are conducted to identify facilities that meet the minimum requirements of the Americans with Disabilities Act of 1990.
2.3 ORGANIZATIONAL STRUCTURE
2.3.1 Incident Command System (ICS)
The Incident Command System (ICS) is a nationally used, standardized, on-scene emergency management system specifically designed to allow the user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries. ICS addresses both organization and process. ICS is used to manage facilities, equipment, personnel, procedures, and communications through the use of a common organizational structure and standardized procedures.
ICS was developed in California by the Fire Resources of California Organized for Potential Emergencies (FIRESCOPE) to enable successful multi-agency operations during emergency response operations. In addition, it has been adopted by the state and is specifically required for SEMS compliance. It has been adopted by the federal government and is specifically required for NIMS compliance.
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 11 Revision 2.4
2.3.2 Standardized Emergency Management System (SEMS)
The Standardized Emergency Management System (SEMS) is the system required by California Government Codes §8607(a) for managing response to multi-agency and multi-jurisdiction emergencies in California.
SEMS incorporates the use of the ICS, the Master Mutual Aid Agreement and existing mutual aid systems, the Operational Area Concept, the Operational Area Satellite Information System (OASIS), and multi-agency coordination. Local governments must use SEMS to be eligible for reimbursement of their response-related personnel costs under state disaster assistance programs.
2.3.3 SEMS Functions
There are five (5) designated levels in the SEMS organization: Field Response, Local Government, Operational Area, Regional, and State. Each level is activated as needed. • The Field Response Level commands emergency response personnel and resources to carry out tactical decisions and activities in direct response to an incident or threat. • The Local Government Level manages and coordinates the overall emergency response and recovery activities within its jurisdiction. The local government level includes cities, counties, and special districts. • The Operational Area Level manages and/or coordinates information, resources, and priorities among local governments; and serves as the coordination and communication link between the local government level and the regional level. The Operational Area includes all the jurisdictions and special districts within the county geographical area. The County of Santa Clara is the lead agency for the Operational Area. • The Regional Level manages and coordinates information and resources among operational areas within the mutual aid region designated and between the operational areas and the state level. This level, along with the state level, coordinates overall state agency support for emergency response activities. • The State Level manages state resources in response to the emergency needs of the other levels, manages and coordinates mutual aid among the mutual aid regions and between the regional level and state level, and serves as the coordination and communication link with the federal disaster response system.
2.3.4 Local Government Level in SEMS
The basic role of a local government is to manage and coordinate the overall emergency response and recovery activities within its jurisdiction.
Under SEMS, special districts are units of local government (other than a city, county, or city and county) with authority or responsibility to own, operate or maintain a project (as defined in the California Code of Regulations for purposes of natural disaster assistance). This may include a joint powers authority.
The City is responsible for emergency response within its boundaries, although some services are contracted for from other agencies. All local governments are responsible for coordinating with other local governments, to their field response level, and with the operational area. The City may support its emergency response by opening its EOC and providing mutual aid within its capabilities.
The City is primarily responsible during emergencies for restoration of services that it normally provides. It is also responsible for safety of people at its facilities or on its property and for warning of hazards from its facilities or operations. Some special districts may assist other local governments in the emergency response.
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 12 Revision 2.4
2.3.5 SEMS Requirements for Local Governments
The City will comply with SEMS regulations in order to be eligible for state funding of response-related personnel costs and will:
• Use SEMS when a local emergency is declared or proclaimed. • Establish coordination and communications with field incident commanders. • Use existing mutual aid systems to assist in dealing with fire, law enforcement, and all other incidents. • Establish coordination and communications between the City EOC when activated, to the Operational Area’s EOC, and any state or local emergency response agency having jurisdiction for an incident. • Use coordination with other agencies to facilitate decisions for emergency response activities.
2.3.6 National Incident Management System (NIMS)
Homeland Security Presidential Directive (HSPD) – 5 requires all states and local governments to adopt and implement NIMS.
NIMS includes the following components:
• Command and management, including the ICS
• Communications and information management
• Preparedness
• Resource management
• Multi-Agency coordination
• Supporting technologies
• Joint Information System (JIS)
• NIMS management and maintenance
2.3.7 Operational Area Responsibilities under SEMS and NIMS The implementation of SEMS and NIMS is a cooperative effort of all departments and agencies within the county, cities, and special districts that have an emergency response role.
All City staff who may work in the EOC, in a Departmental EOC or at the field level will receive appropriate SEMS/NIMS/ICS training as recommended by the Department of Homeland Security. To validate preparedness and planning efforts, the City will develop an exercise program that provides periodic exercises for EOC and DEOC personnel under SEMS/NIMS/ICS guidelines.
2.3.8 National Response Framework (NRF)
The National Response Framework (NRF) is built upon the premise that incidents are typically handled at the lowest jurisdictional level. In the vast majority of incidents, state and local resources and interstate mutual aid will provide the first line of emergency response and incident management support. When state resources and capabilities are overwhelmed, governors may request federal assistance. The NRF provides the framework for federal interaction with state, local, tribal, private sector, and non-governmental entities in the context of domestic incident management to ensure timely and effective federal support. The NRF is the core operational plan for national incident management, and establishes national-level coordinating structures, processes, and protocols that will be incorporated into certain existing federal interagency incident-specific or hazard-specific plans.
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 13 Revision 2.4
2.3.9 Special District Involvement
Special districts are defined as local governments in SEMS. The emergency response role of special districts such as the Valley Water is generally focused on the return to normal services. During disasters, some types of special districts will be extensively involved in the emergency response by assisting the City.
2.3.10 Area Command and Unified Command
An Area Command may be established when the complexity of an incident or incident management span-ofcontrol issues are present. An Area Command oversees the management of multiple incidents, each being handled by separate ICS organizations. These incidents may also be non-site-specific, geographically dispersed or evolve over a long period of time (e.g., a bio-terrorism incident). An Area Command organization can also be used if there are a number of incidents in the same area and of the same type, such as Hazardous Materials (HAZMAT) spills or wildfires. These are incidents using the same resources. Multi-jurisdictional incidents may be handled by a Unified Command wherein each jurisdiction has a representative in the command structure.
2.3.11 Incident Command System under SEMS
ICS/SEMS is composed of five (5) functions: Management, Operations, Planning/ Intelligence, Logistics and Finance/Administration. These functions are present in every EOC and mirror the ICS functions which may, or may not, be contained in Field Level Command Posts. The exact EOC organizational staffing level is decided by the Director of Emergency Services, upon consultation with the EOC Section Coordinators, with consideration given to the circumstances and scope of the emergency/disaster.
2.3.11.1 Management Section “Leads It”
The Director of Emergency Services/EOC Director has responsibility for the overall management of the City’s response. The Director ensures that all EOC functions are staffed by the most qualified individuals. This section sets objectives, reviews and approves action plans, provides public information, keeps track of legal concerns and makes policy decisions, subject to later ratification by the City Council. The EOC Management Section should focus on strategy and policy, not tactics. This section also coordinates the activities of other county, state, and federal agencies with the City.
The Management Section Staff consists of:
• Director of Emergency Services (DES)
• EOC Coordinator / Liaison Officer
• Public Information Officer
• Legal Advisor
• Safety & Security Officer
2.3.11.2 Operations Section “Does It”
The Operations Section Coordinator is responsible for the coordination and management of all branches in the Operations Section. Depending upon the type of event which is occurring, the Operations Section Coordinator may be from the Public Works Branch, the Law Enforcement Branch or the Fire Services Branch. This section develops the Operations Section of the EOC Action Plan to meet objectives set by the Management Section. It allocates personnel and equipment, identifies staging areas and manages mutual aid. Multi-purpose staging areas are also under the management of this section. This section responds to field requests, anticipates needs, and coordinates information gathering in conjunction with the Plans Section.
This section may have to deal with inmate issues (the Boys Ranch), special populations, animal control issues, hazardous materials, coroners, emergency medical, crisis counseling for emergency responders, urban search and
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rescue, disease control, utility restoration, flooding, damage assessment, safety assessments, sheltering and feeding, and potable water.
The Operations Section Staff consists of:
• Law Enforcement Branch
o CERT Field Unit (if needed)
• Fire and Rescue Branch
o CERT Field Unit (if needed)
• Public Works/Engineering Branch
o Building Inspection Unit
o Department Emergency Operations Center (DEOC)
• Community Services Branch
o American Red Cross Unit
o MHUSD Unit
o Call Center
o Care and Shelter Unit
▪ Shelter Operations Field Unit
2.3.11.3 Planning/Intelligence Section “Plans It”
The Planning/Intelligence Section Coordinator leads this section which may be structured into several units depending upon the needs of the incident. Situation Analysis and Damage Assessment are examples of units which may be formed within this section. The Planning/Intelligence Section is responsible for gathering, tracking, and displaying verified information which correctly describes the incident status. It compiles the status of utilities, road conditions, public buildings, schools, shelters, and damaged/destroyed buildings and homes.
Planning/Intelligence maintains documentation for historical and legal records. It makes projections on the course of the event and makes forward-looking plans. The Planning/Intelligence Section is also responsible for compilation of and publication of the Incident Action Plan and ensures information reporting is shared with the Operational Area via the countywide web based system “WebEOC”.
The Planning/Intelligence Section is responsible for the collection, distribution, and display of information related to the incident status. As the incident progresses, the section anticipates the needs for demobilization long before needed.
The Planning/Intelligence Section Staff consists of:
• Situational Analysis Branch
• Advanced Planning Unit
• Documentation Unit
o GIS/CAD Unit
o WebEOC Unit
2.3.11.4 Logistics Section “Gets It”
The Logistics Section Coordinator leads the section and is responsible for providing all support needs to the incident. This section maintains records of requests and the disposition of resources. It provides personnel support including volunteers, specialized equipment and contractor services not available in-house, transportation, housing, feeding, tracking of resources as they move, provision of sanitation services, information technology support, and communications. Requests for personnel, equipment, supplies, and shelters are a few examples of what this section handles.
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The Logistics Section Staff consists of:
• Personnel Branch
• Resources Branch
o Supply Unit
• Transportation Branch
• Communication/IT Branch
o ARES Unit
2.3.11.5 Finance/Administration Section “Pays for It”
The Finance/Administration Section Coordinator leads this section and is responsible for fiscal management, timekeeping on personnel and equipment, and tracking the overall cost of the incident. This section handles procurement, the administration of vendor contracts, compensation, travel requests, and claims. Finance also prepares and maintains adequate records for cost recovery.
The Finance/Cost Recovery Section Staff consists of:
• Time Branch
• Cost Branch
• Compensation & Claims Branch
2.4 COORDINATION WITH THE FIELD RESPONSE LEVEL – ICS
Common terminology is used to describe organizational functions, resources, and facilities within ICS/SEMS.
Modular organization is the method by which the organizational structure develops based upon the kind and size of the incident. The organization's staff builds from the top down with responsibility and performance placed initially with the Incident Commander. Several sections may be covered by one person in a relatively simple organization.
Unified Command is a structure which allows all agencies with responsibility for the incident, either geographical or functional, to manage an incident by working with other agencies in establishing a common set of incident objectives. This is accomplished without losing or abdicating agency authority, autonomy, responsibility, or accountability.
An Incident Action Plan identifies objectives and strategies made by the Director of Emergency Services for the incident based upon the requirements of the jurisdiction. In the case of Unified Command, the event objectives must adequately reflect the policy and needs of all the jurisdictional agencies. The Incident Action Plan for an event documents the support activities required for the operational period Span of control within the EOC is a limitation on the number of EOC staff positions that can effectively be supervised or directed by an individual. The span-of-control range is usually from three (3) to seven (7) personnel.
Comprehensive resource management is the identification, grouping, assignment, and tracking of resources.
Integrated communications are established through the use of a communications plan.
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2.5 THE ACTION PLANNING PROCESS (DURING AN INCIDENT)
2.5.1 Purpose of the EOC Action Plan
• Establishes the direction and priorities for EOC operations operational objectives for each SEMS function in the EOC and tracks progress.
• Establishes the operational period timeframe for completion of objectives. • Operational periods are normally in twelve (12) hour increments except for the first and last period. • May be set by Santa Clara Operational Area for area-wide disasters. • Provides for accountability and reduces redundancy.
• Provides documentation for the After Action Report.
2.5.2 Emergency Management Teams Action Planning Responsibilities • Director of Emergency Services
Ensures the Incident Action Plan is accomplished.
• Planning/Intelligence Coordinator:
Acts as the Facilitator for the Action Planning process. Conducts the Action Planning meeting and prepares or assigns staff to reproduce and distribute the Action Plan. • Situation Analysis Unit Leader:
Assists the Planning/Intelligence Coordinator as required in the preparation of the Action Plan. • Documentation Unit Leader:
Assists in the preparation and distribution of the Plan. Keeps a permanent record of all documents related to the incident.
• All Section Coordinators provide input for the Incident Action Plan.
2.5.3 Planning Meeting
• Reviews the initial situation immediately upon EOC activation. • Guides the EOC Team through the Action Planning process. • Develops the incident objectives.
• Decides on initial size of EOC staff.
• Announces when first action planning meeting will occur. (Usually within two (2) hours of EOC activation).
• Considers declaration of Local Emergency. Initial meeting is brief - usually no longer than twenty (20) minutes.
• Holds the meeting at a site away from the EOC, and the Director, Command and General Staff attend, along with any Liaison Officers.
• The Action Plan can be written on digital or paper ICS forms.
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SECTION 3: EOC OPERATIONS
The City is prepared to operate a primary or alternate EOC when emergencies occur. The locations and facilities of the primary and secondary EOCs have been predefined, equipped and organized. The City is also prepared to activate the EOC remotely.
3.1 EOC SET-UP
The set-up of the EOC is the responsibility of the EOC Coordinator. Instructions for the set-up of the EOC can be found in “Set-up Guides” located at EOC locations.
3.2 EOC STAFFING
Staffing decisions will be driven by the nature and scope of the emergency and the activation level ordered by the Director of Emergency Services. The EOC sections must be prepared for extended operations on a twenty-four (24) hour basis using two (2) twelve (12) hour shifts. Incidents requiring extended EOC pperations may see adjustments in the staffing shift hours, staffing levels, or a combination thereof. The Safety Officer is authorized to recommend to section coordinators to order EOC staff members exhibiting fatigue or stress to leave the EOC.
EOC staff assignments (at least one (1) primary and an alternate) are pre-designated by the Director of Emergency Services in the EOC Staffing Plan which is published separately and updated by the OES.
Contract agencies, special districts, utilities, Community Based Organizations (CBOs), and Non-Governmental Organizations (NGOs) may be requested to send agency liaison representatives to the EOC.
ARESRACES volunteers play a significant role in EOC operations, donating their time, personal communications equipment, and expertise to maintain an auxiliary set of communications channels (voice/packet computer/bulletin board) with other cities/towns/special districts and the Santa Clara County EOC. A secondary or backup ARES/RACES capability may be located in the volunteers’ vehicles to ensure there are no lost communications during incidents.
3.3 EOC TRAINING
The EOC Staff will participate in an ongoing training program. The OES will make this training available to the team. This program will include the following elements:
3.3.1 Basic Training:
Orientation to the EOC, introduction to the Emergency Operations Plan and basic SEMS/NIMS, used primarily to brief new EOC Staff members.
3.3.2 Specialized/Technical Training:
Training focused on and emphasizing procedures such as WebEOC reporting or setting up a shelter.
3.3.3 Exercises
Table top exercises, functional exercises, or full scale exercises may be used to involve Emergency Management Team members in the processes of emergency management. The team will have at least one (1) exercise each year, unless it is involved in an actual EOC activation during the year.
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SECTION 4: DISASTER SERVICE WORKERS – EMPLOYEES AND
VOLUNTEERS
Disaster Service Workers (DSWs) are defined as:
• Any person properly registered for the purpose of engaging in disaster service, including paid staff and volunteers.
• Any person registered with an accredited Disaster Council for the purpose of engaging in disaster service without pay or other consideration.
• Unaffiliated persons impressed into service by competent authority during an incident.
4.1 CITY EMPLOYEES
4.1.1 During Working Hours:
When an emergency occurs, all on-duty City staff must remain at work until properly relieved or excused by their supervisors.
4.1.2 During Non-Duty Hours:
During non-working hours, when emergencies occur, City employees with EOC or other emergency assignments should:
• Immediately look to the safety and security of their families. • As soon as possible, contact their City work station or EOC Section Coordinator to advise of their family status and availability for disaster duties.
4.1.3 Dissemination of Information:
The Public Information Officer of the City, or EOC personnel, can disseminate employee work information during an emergency by the following means.
• The Personnel Branch of the EOC
• Alert SCC
• Police Department Dispatch
4.2 VOLUNTEER ORGANIZATIONS AND PRIVATE AGENCIES
These groups constitute a significant part of Morgan Hill’s emergency response resources. Groups including the Santa Clara Chapter of the American Red Cross are essential elements of the public response efforts to meet the care and shelter needs of local disaster victims. Private sector medical/health resources provide emergency medical care. Government radio communication nets are backed up in the Morgan Hill EOC by highly qualified amateur radio operators of the Morgan Hill ARES/RACES who offer their own equipment and separate auxiliary nets as well as field communications units from sources such as fire stations, school campuses, and the Community Emergency Response Team (CERT).
Private agencies, organized groups and service clubs which desire to volunteer to perform specific tasks during emergencies should identify their interests and goals to the OES for pre-disaster recognition and registration processing.
4.2.1 Length of Activation
The Emergency Management Team is authorized to establish staffing shifts, and to coordinate the activities of the various volunteer groups in preparing for emergencies. Spontaneous volunteers (see below for further definition)
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will normally be assigned shifts only for the length of the on-going disaster at the time they come forth to provide assistance. Termination may be accomplished if the volunteers fail to perform their responsibilities.
4.3 COORDINATION OF VOLUNTEERS
4.3.1 Pre-Registered Volunteers
Pre-registered volunteers have been assigned specific disaster duties by nature of their registration, i.e., ARES/RACES, CERT, Volunteers in Policing (VIPs), etc. These pre-registered volunteers will work under lines of authority designated before the emergency. However, once deployed to field sites on order of the EOC sections, these organized volunteers will report either individually or as a unit to the Incident Commander at the Incident Command Post. In certain instances, such as a major disaster, these pre-registered volunteers may operate independently but under positive communications control of their respective organizational representative present in the EOC.
4.3.2 Spontaneous Volunteers
Community members may offer their services to the City during emergency situations. Although appreciated, the coordination of Spontaneous Volunteers is crucial and must be coordinated through the EOC or OES. The key to successful volunteer employment is to identify individuals’ skills and utilize the volunteers in a safe, supervised manner to the extent of their capabilities. These volunteers must register as DSWs prior to serving the City and fall under the control of a designated team/project leader who will supervise their work efforts.
DSW volunteers registered under this program are considered to be acting within the scope of disaster service duties while assisting any unit of an emergency organization or performing any act contributing to the protection of life, property, and the environment or mitigating the effects of a potential emergency.
4.4 REGISTRATION
DSW Volunteers must have certain data registered with the City Clerk’s Office and execute a signed loyalty oath or affirmation subscribed by an officer authorized to administer oaths. The City Clerk (or designee) is authorized to administer the loyalty oath to DSWs. Spontaneous Volunteers will receive the Oath upon activation.
4.5 WORKER’S COMPENSATION CLAIMS
All DSW volunteers are eligible to submit claims for worker’s compensation for injuries sustained while performing disaster service under the same authority and guidelines as paid government employees. Injuries sustained should be reported immediately to the volunteer’s supervisor who is responsible to advise the EOC Logistics Section, Personnel Branch and/or the Morgan Hill Human Resources Director.
4.6 LIABILITY CLAIMS
Any liability claims or actions filed against a DSW volunteer will be immediately delivered to the City Attorney or the EOC Finance Section, Claims Branch.
4.7 ACTIVATION OF DISASTER SERVICE WORKERS (DSWS)
During instances of activation of the EOC, affiliated volunteers shall be available to assist in the disaster response based on their qualifications. These volunteers are expected to respond to notifications by phone or email.
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Requests for DSWs may be announced via:
• Telephonic requests from the EOC, Police Dispatch, or OES • Email announcement
• AlertSCC
• Announcements on the City’s Public Service Television Channel-17 Cable • Postings on the City’s Website
• Social Media
4.8 EMPLOYEE EMERGENCY PREPAREDNESS TRAINING
All new employees are required to attend a training session on Emergency Preparedness within the initial first year of employment. The class includes SEMS/NIMS/ICS, personal and family preparedness, requirements of being a DSW, and contents of each employee’s seventy two (72) hour emergency kit. All City employees and volunteers are expected to have an emergency kit containing the equipment that might reasonably be required during an activation.
Specialized training is available for EOC Staff members and may include WebEOC, AlertSCC, EOC section, and position training, ICS and other advanced courses available through FEMA, Emergency Management Institute, and California Specialized Training Institute.
City employees may attend free CERT training or other programs offered by the City OES, American Red Cross, ARES/RACES, and other organizations involved in disaster preparedness. The OES will announce training schedules, dates, times and enrollment information as they become available.
SECTION 5: WEBEOC
The City of Morgan Hill utilizes a web-based system of information sharing and reporting. The WebEOC system is used to report emergency information to the Santa Clara County Operational Area (SCC OES).
WebEOC is an internet-based system that assists the Emergency Management Team in capturing and reporting resource status and requests, and also has standard formats for the various ICS forms in use. These forms can be found online, filled out and submitted electronically.
SECTION 6: EMERGENCY PROCLAMATIONS
6.1 WHAT CONSTITUTES AN EMERGENCY?
The California Emergency Services Act § 8550 and SEMS defines an emergency as “conditions of disaster or of extreme peril to the safety of persons and property…”.
Morgan Hill Municipal Code (MHMC) § 2.44.020 defines emergency as “the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the city, requiring the combined forces of other political subdivisions to combat.”
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6.2 LOCAL EMERGENCIES
The City Council or the City Manager, or designee, may proclaim a Local Emergency in Morgan Hill when there is a threat to the safety of people and property within the City boundaries.
The proclamation of a Local Emergency provides legal authority for the Director of Emergency Services to:
• Request that the Governor proclaim a State of Emergency. • Put forth orders and regulations to protect life and property, including emergency orders to command the aid of citizens in the community.
• Provide mutual aid to and for the people of the City. • Require the services of any local official or employee. • Requisition necessary personnel and material of any department or agency. • Obtain vital supplies and equipment and, if there is an immediate need, to commandeer the same for public use.
• Impose penalties for violation of lawful orders.
Proclamations of a Local Emergency must be submitted for approval to the City Council by the City Manager and extended or cancelled after periodic reviews within specific timeframes (MHMC § 2.44.070).
SECTION 7: CONTINUITY OF GOVERNMENT
A major disaster could result in the death or injury of key government officials, the partial or complete destruction of established seats of government, and the destruction of public and private records essential to continued operations of government. At all levels, government is responsible for providing continuity of effective leadership and authority and for the direction of emergency operations and management of recovery operations. It is essential that the County of Santa Clara and all the cities/towns and special districts within the county continue to function as government entities.
The California Government Code and other California laws provide the authority for state and local governments to reconstitute themselves in the event incumbents are unable to serve.
7.1 LINES OF SUCCESSION
The California Government Code permits the appointment of up to three (3) standby officers for each member of the governing body. This code also provides for the succession of officers who head departments responsible for maintaining law and order, or for furnishing public services relating to health and safety. The standby officers shall have the same authority and powers as the regular officers or department heads.
Additionally, procedures exist to assure continued functioning of political subdivisions in the event the governing bodies, including standby officers, are unavailable to serve.
The Line of Succession for Director of Emergency Services in Morgan Hill is as follows:
• Chief of Police
• Public Services Director
• Assistant City Manager For Development Services
• City Director heads as available
The Acting Director of Emergency Services shall serve until the Director is available or until a successor is appointed by the City Council.
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Any questions as to the availability of the Director of Emergency Services shall be decided by the City Council or any remaining available members of said body.
7.2 RECONSTITUTION OF THE GOVERNING BODY
The California Government Code authorizes local governing bodies to convene, as soon as possible, whenever a State of Emergency or Local Emergency exists and at a place not necessarily within the political subdivision. The duties of a governing body during emergencies include ascertaining the damage to the jurisdiction and its personnel and property, reconstituting itself and any subdivisions, performing functions in preserving law and order, and furnishing local services.
The California Government Code establishes a method for reconstituting the governing body. In the case that all members, including all standbys, be unavailable, temporary officers shall be appointed by the chair of the County Board of Supervisors, in which the political subdivision is located, by the Chair of the Board of Supervisors of any other county within one hundred and fifty (150) miles or by the Mayor of any City within one hundred and fifty (150) miles.
The City Government could be reconstituted at City Hall or at any of the alternate EOC locations.
7.3 PROTECTION OF VITAL RECORDS
In the City of Morgan Hill, the City Clerk’s Office is responsible for the preservation and protection of vital records.
Each department within the City shall identify, maintain, and protect its vital records. Vital records are defined as those records that are essential to the rights and interests of individuals, governments, corporations and other entities, including vital statistics, land and tax records, license registers, articles of incorporation, and historical information. Vital records also include those records essential for emergency response and recovery operations, including utility system maps, emergency supply and equipment locations, emergency operations plans and procedures, and personnel rosters.
These vital records will be essential to the reestablishment of normal government functions, protecting the rights and interests of government. These rights and interests may include the constitutions, charters, statutes, ordinances, court records, official proceedings, and financial records of Morgan Hill.
Vital records of City of Morgan Hill are routinely stored in the City Clerk’s Office, in the files of the various departments, and in off-site storage.
SECTION 8: MULTI-AGENCY / INTER-AGENCY
COORDINATION
Multi-agency or inter-agency coordination is the participation of agencies and disciplines involved at any level of the ICS/SEMS organization working together in a coordinated effort to facilitate decision-making for overall emergency response activities, including the sharing of critical resources, information and the prioritization of incidents. The Multi-Agency Coordination System (MACS) is a decision-making system used by member jurisdictions of the Santa Clara Operational Area to prioritize and coordinate resource allocation and response to multiple incidents affecting the Operational Area. MACS is usually implemented during a large-scale incident involving multiple agencies or jurisdictions.
Multi-agency or inter-agency coordination is important for:
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• Establishing priorities for response
• Allocating critical resources
• Developing strategies for handling multi-agency response problems • Sharing information
• Facilitating communications
8.1 MULTI-AGENCY OR INTER-AGENCY COORDINATION IN THE EOC Multi-agency or inter-agency coordination is an integral part of the functioning of the City’s EOC. The EOC is staffed by representatives from City departments and agencies who work together at the EOC to coordinate the City’s emergency response. Representatives from outside agencies including special districts, volunteer agencies and private organizations may also participate at the EOC with departmental representatives in coordinating the City’s response efforts. Coordination with agencies not represented in the EOC may be accomplished through telecommunications, emails, or faxes.
SECTION 9: MUTUAL AID SYSTEM
The foundation of California’s emergency planning and response is a statewide mutual aid system which is designed to ensure that adequate resources, facilities, and other support is provided to jurisdictions whenever their own resources prove to be inadequate to cope with a given incident. The basis for the system is the California Master Mutual Aid Agreement, as provided in the California Emergency Services Act. It created a formal structure in which each jurisdiction retains control of its own personnel and facilities, but can give and receive help whenever it is needed. The state government is obligated to provide available resources to assist local jurisdictions in emergencies.
The statewide system includes several discipline-specific mutual aid systems, such as, but not limited to, fire and rescue, law, emergency managers, medical, and public works. The adoption of ICS/SEMS does not alter existing mutual aid systems. To further facilitate the mutual aid process, particularly during day-to-day emergencies involving public safety agencies, fire and rescue, and law enforcement mutual aid coordinators have been selected and function at the Operational Area, regional and state levels.
Incoming mutual aid resources may be received and processed at several types of facilities including: Incident Command Posts, staging areas, bases, camps, and mobilization centers. Units in staging areas are ready to be sent directly to the disaster site. Staging Areas are off-incident locations at which emergency response personnel and equipment are temporarily located pending assignment, release or reassignment.
During a proclaimed emergency, mutual aid will be coordinated by the Operational Area. The Santa Clara County EOC/Santa Clara Operational Area will coordinate mutual aid requests between the Operational Area member jurisdictions and the State OES Regional Emergency Operations Center (REOC).
9.1 MUTUAL AID AGREEMENTS/COUNTY OPERATIONAL AREA COORDINATORS The following depicts the statewide mutual aid agreements, some of which are still under development, in which the Santa Clara County/Santa Clara Operational Area is a participant:
• Medical Examiner/Coroner
• Disaster Medical/Health Mutual Aid
• Emergency Managers Mutual Aid Agreement
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• Fire Mutual Aid
• Hazardous Materials Mutual Aid
• Law Enforcement Mutual Aid Agreement
• American Red Cross
• Mental Health Mutual Aid
• Public Works Mutual Aid Agreement
• Search and Rescue Mutual Aid
• Urban Search and Rescue Mutual Aid
Morgan Hill is located in Mutual Aid Region II. This Region is geographically the same as the Coastal OES Region. It is administered by the California Emergency Managers Association Regional Headquarters.
9.2 MUTUAL AID POLICIES AND PROCEDURES
Mutual aid resources will be provided and utilized in accordance with the California Master Mutual Aid Agreement and supporting separate agreements.
Due to the incompatibility of radio communications equipment between most agencies, local agencies should, where possible, provide incoming mutual aid forces with portable radios using local frequencies.
SECTION 10: HAZARD ANALYSIS
The City of Morgan Hill is a reasonably safe place to live and work. Natural threats to life and property include earthquakes, flooding, wildfires, environmental problems and landslides. Human-caused threats to life and property include aircraft crashes, hazardous materials incidents, utility interruptions, communicable diseases, terrorist acts, train derailments, and dam failure. For more information on Anderson Dam, see the Valley Water “Emergency Action Plan for Anderson Dam”.
10.1 SEISMIC HAZARDS
The City lies between the Calaveras Fault Zone to the east and the San Andreas Fault system to the west. The offshore San Gregorio Fault Zone lies a few miles further west. At the western edge of the Diablo Mountain Range lies a segment of the Silver Creek Fault, three (3) Coyote Creek Thrust faults, a small horseshoe shaped, unnamed fault, and the Range Front Thrust Fault.
10.2 GEOLOGICAL HAZARDS
Landslides are a geological hazard in the foothills and low mountains of the City and adjacent area. Occurrences can range from rapid rock falls to slow soil and bedrock creep. Natural contributing causes include weak soil and rock over hillsides made steeper by rapid stream erosion, adverse geological structure, ground water levels, and high rainfall rates. Man-made causes include improper grading altering surface and sub-surface drainage, excessive irrigation, and removal of natural vegetation.
10.3 WILDFIRE HAZARDS
Wildfires can occur in Morgan Hill. Narrow ingress/egress routes can impede residents’ escape. The access of first responders to favorable tactical positions to combat the fire’s leading edges may also be limited. Failure of homeowners and tenants to trim back flammable decorative landscaping and failure to replace wood shake or
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shingle roofs with non-flammable roofs compound the dangers to property and lives of both residents and firefighters.
10.4 FLOODING
Watersheds in mountain ranges produce creeks, streams and rivulets in the City with continual flooding potential.
Hillside soil composition contributes to saturation during the winter rainy season, particularly during the climate patterns known as El Nino and Atmospheric Rivers. Elevated flows, higher stream velocity, and debris accumulation may occur in watercourses. Coyote Creek, located on the east side of the City, can threaten the developments west of Malaguerra Avenue-Cochrane Road. West Little Llagas Creek can inundate portions of the downtown business district as well as areas along Monterey Road between Cochrane Road and Watsonville Road.
SECTION 11: HAZARD MITIGATION
11.1 THE CASE FOR HAZARD MITIGATION
Every disaster can teach us valuable lessons about building construction, land use, and emergency response.
Unfortunately, many of these lessons are soon forgotten and there is a tendency to return to poor construction, unsafe land use, and other short-sighted practices that add to the disaster’s negative impact. For this reason, the federal and state governments require safe land use and construction practices as a condition of receiving federal disaster aid. Mitigation has been shown to significantly reduce emergency costs.
11.2 HAZARD MITIGATION ACTIONS
11.2.1 Avoid the Hazard
Avoiding a hazard usually involves restricting land use near the hazard area. This can be accomplished by the following:
11.2.2 Zoning
Zoning is usually a function of local government, except where state or federally-owned lands are exempt from local zoning laws. Other interests may propose zoning regulations, but only local government can adopt them. By mutual agreement, state or federal restrictions may be locally adopted and enforced.
Zoning can be useful, but its powers are limited. Therefore, zoning usually reflects, rather than dictates, current land use trends. Zoning is vulnerable to political pressure. This is particularly true if an area is very attractive for development and rarely experiences major disasters.
Zoning is generally best suited to restricting the use of smaller areas (such as very steep slopes) within larger areas, as opposed to restricting large areas (such as areas of potential earthquake shaking).
11.2.3 Purchase
The most reliable way to restrict the use of land is to buy the land outright. Although this can be expensive, costs must be weighed against the repercussions of future disasters. Lands purchased for hazard mitigation can often be used for parks, agriculture, or other constructive purposes. In Santa Clara County, the Open Space District is a public agency that buys open space for, among other reasons, hazard mitigation.
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11.2.4 Improve Building Standards
Buildings in hazardous areas can often be made safe. This can be as simple as the addition of a fireproof roof or as extensive as demolishing the building. Building standards can be implemented for a variety of reasons.
11.2.4.1 Local Standards
Building codes are usually a function of local government, except where state or federal buildings are exempt from local codes. Codes can be strengthened for hazardous areas. Usually stronger codes are enforced only for new construction or remodeling, but some recent laws require hazard related inspections for existing buildings that are considered at risk. Inspections will produce knowledge of liability, which will motivate the owners to improve their buildings.
11.2.4.2 State Standards
For state-owned facilities and schools which are outside the jurisdiction of local governments, construction standards are adopted and enforced by the responsible state agency(s). In some cases, these standards may serve as models for local governments.
11.2.4.3 Federal Standards
A federal agency may require local or state governments to adopt and enforce certain hazard mitigation regulations as a condition for federal assistance or participation in federally assisted programs.
The Governor’s Office and the Federal Emergency Management Agency (FEMA) may be involved in establishing construction standards for hazard mitigation projects.
Federal law authorizes, as a condition of any disaster loan or grant, the recipient shall agree that any repair or construction to be financed by the loan or grant shall be in accordance with applicable standards of safety, decency and sanitation, in conformity with applicable codes, specifications, and standards.
As a further condition of any loan or grant made, the state or local government shall agree that the natural hazards in the areas in which the proceeds of the grants or loans are to be used shall be evaluated and appropriate action shall be taken to mitigate such hazards, including safe land use and construction practices.
11.2.4.4 Reduce the Hazard
The hazard itself can be reduced. This depends on the type of hazard, for example; double containment of a storage tank will reduce the hazard from the chemical inside, but an earthquake or a storm cannot be stopped.
The City may decide to expend its funds to reduce hazards. The City maintains its Local Hazard Mitigation Plan (LHMP), identifying hazards.
The LHMP can be found by visiting the Santa Clara County’s Office of Emergency Management website.
SECTION 12: AFTER THE DISASTER
The Governor, with the federal government, may execute a Federal/State Agreement, which includes hazard mitigation measures.
12.1 LOCAL
The City's Authorized Representative, the City Manager, is responsible for local performance of hazard mitigation measures under the terms of a Federal/State Agreement. The City Manager, in coordination with the Governor's Authorized Representative, shall:
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 27 Revision 2.4
• Appoint a Local Hazard Mitigation Coordinator to work with the Federal/State/County Hazard Mitigation Team.
o Submit adequate assurance that required hazard mitigation measures have been taken or will be completed for any project application.
o Implement and enforce land use regulations and safe construction practices which are agreed upon as conditions for FEMA grants or loans, to the extent of legal authority. Cities may request state or federal advice or assistance in taking these actions. o Provide evidence of compliance with conditions for any approved FEMA grants or loans as required by the Governor's Authorized Representative.
• Local Hazard Mitigation Coordinator
o Work with the Federal/State/County Hazard Mitigation Team, the City’s Hazard Mitigation Coordinator to assess disaster damage within the local jurisdiction. o Arrange for local participation in the Federal/State/County Hazard Mitigation Team. o Inform local officials and citizens about significant team activities, collect any local comments on these matters, and report them to the Hazard Mitigation Coordinator. o Work with the Federal/State/County Hazard Team to review and update existing hazard mitigation plans, or in developing new hazard mitigation plans.
SECTION 13: RECOVERY OPERATIONS
A recovery operation refers to certain measures undertaken by the City both during and following a disaster.
Effective recovery consists of a complex array of interdependent and coordinated actions which may include federal and state disaster relief efforts.
A successful recovery starts at the beginning of the incident. There is no clearly defined separation between the response and recovery efforts.
Recovery operations are divided into three (3) phases.
1. Short Term Recovery (Disaster impact to two (2) months) - The focus is on debris removal, building safety inspections, coordination of shelter services to victims, information on assistance programs, and providing basic emergency services (particularly public safety).
2. Mid-Term Recovery (Two (2) months to one (1) year) - The “rehabilitation” or reconstruction period between immediate response and long-term recovery.
3. Long Term Recovery (One (1) to ten (10) years and beyond) - Actions that will return the jurisdiction’s social and economic situation back to normal pre-disaster levels of service or improved levels.
13.1 SHORT TERM OBJECTIVES
• Protection of individual well-being and private/public property • Family reunification
• Restoration of essential public services and public safety
13.2 MID TERM OBJECTIVES
• Restoration of infrastructure/physical recovery to pre-disaster levels • Restoration of normal government operations
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 28 Revision 2.4
13.3 LONG TERM OBJECTIVES
• Permanent restoration of private and public property
• Economic, social, and institutional stabilization
• Assess needs for, and accomplish, hazard mitigation
• Update Emergency Plans based on lessons learned
13.4 DISASTER RECOVERY ASSISTANCE CENTERS
Joint Federal, State and Local Assistance Center (LAC) may be set up in affected areas.
These centers are staffed under the one-stop shopping concept by disaster relief agencies’ specialists, local officials, and representatives from private relief organizations.
Individual citizens and organizations desiring to donate money, food, clothing, and other goods or services to disaster victims may contact these LACs. Federal relief policy calls for cash donations to be given to private nonprofit organizations involved in disaster relief services such as the American Red Cross, the Salvation Army, the Goodwill, or Faith Based Organizations (FBOs).
Additional information about Morgan Hill’s LAC is contained in the Local Assistance Center Emergency Guideline.
13.5 RECOVERY PLANNING
As soon as the EOC is operational, recovery planning begins. The Advanced Planning Unit, under the Planning/Intelligence Section Coordinator, has primary responsibility for recovery planning. Recovery considerations will be reflected in the Incident Action Plans as the scope and approximate duration of the incident is identified. The City Recovery Plan will provide a road map for planning actions. Availability of funding will also dictate the exact steps in the recovery process.
13.6 RECOVERY FUNDING
13.6.1 Federal
Federal disaster assistance is available to communities which are covered by Presidential Proclamations. This assistance, provided under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, is coordinated through FEMA.
13.6.2 State
California’s Emergency Management Agency coordinates disaster recovery and mitigation activities within California.
SECTION 14: PUBLIC EDUCATION – DISASTER
PREPAREDNESS
If the general public knows what to do before, during and after a disaster, the impact of the disaster can be greatly reduced in saved lives and preserved property. Public education is largely a local function, although the state and federal governments make a variety of educational materials available.
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 29 Revision 2.4
The Morgan Hill OES routinely conducts or sponsors public education seminars on the subject of disaster preparedness and related topics.
The OES offers the “Map Your Neighborhood” and “Do-1-Thing” (https://www.morganhill.ca.gov/2131/Do-1- Thing) programs to assist neighborhoods and families in preparing for emergencies. In addition, it offers CERT training and opportunities for volunteering in a number of emergency response roles.
SECTION 15: APPROVALS, AUTHORITIES, AND REFERENCES
1. Morgan Hill City Council approval of this plan
2. City of Morgan Hill Municipal Code, https://www.morgan-hill.ca.gov/655/Municipal-Code
3. State Laws
i) California Emergency Services Act, Chapter 7 of Division 1 of Title 2 of the Government Code ii) California Code of Regulations (CCR) Title 19, Chapter 2, Subchapter 3, 2620 et seq. iii) CCR Title 21, Division 2
iv) California Government Code 8607 (a)
4. Federal Laws and Mandates
i) Federal Disaster Relief Act of 1974 (PL 93-288)
ii) Federal Civil Defense Act of 1950 (PL 920)
iii) Public Law 84-99 (Emergency Flood Assistance),
http://www.mvp.usace.army.mil/Portals/57/docs/Operations%20Center/Emergency_Assistance_2011.pd f
iv) Homeland Security Presidential Directives 5,
https://www.dhs.gov/sites/default/files/publications/Homeland%20Security%20Presidential%20Directive %205.pdf
v) Homeland Security Presidential Directives 8, https://www.dhs.gov/presidential-policy-directive-8- national-preparedness
vi) National Incident Management System (NIMS) at the NIMS Integration Center, https://www.fema.gov/national-incident-management-system vii) Americans with Disabilities Act (ADA), 1990, https://www.ada.gov/pubs/adastatute08.htm
5. References
i) National Response Framework, https://www.fema.gov/media-library/assets/documents/32230 ii) NFPA 1600, https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-andstandards/detail?code=1600 iii) Emergency Management Accreditation Program, https://www.emap.org/ iv) US Department of Homeland Security National Preparedness Goal, https://www.dhs.gov/nationalpreparedness-goal v) FEMA National Exercise Plan, https://www.fema.gov/national-exercise-program vi) A Guide To the Disaster Declaration Process and Federal Disaster Assistance, https://www.fema.gov/pdf/rrr/dec_proc.pdf
vii) California Constitution,
http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CONS&tocTitle=+California+Con stitution+-+CONS
viii) California Fire Service and Rescue Emergency Mutual Aid System – Mutual Aid Plan, https://www.caloes.ca.gov/wp-content/uploads/Fire-Rescue/Documents/CalOES_-_Fire_and_Rescue_- _Mutual_Aid_Plan.pdf
City of Morgan Hill Office of Emergency Services Emergency Operations Plan March 15, 2023 Page 30 Revision 2.4
ix) California Emergency Plan, https://www.caloes.ca.gov/office-of-the-director/operations/planningpreparedness-prevention/planning-preparedness/state-of-california-emergency-plan-emergencysupport-functions/
12 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
APPROVE THE FEBRUARY 15, 2023 CITY COUNCIL MEETING
MINUTES
RECOMMENDATION(S)
Approve the February 15, 2023 City Council Meeting Minutes
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):
City Council
Meeting Minutes
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, February 15, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
SPECIAL/REGULAR MEETING
A special meeting of the City Council was called at 5:00 pm for the purpose of conducting Parks and Recreation Commission interviews.
SPECIAL MEETING
5:00 pm - Parks and Recreation Commission interviews
February 15, 2023
2 CALL TO ORDER
Mayor Turner called the Special City Council meeting to order at 5:00 pm.
ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.
PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
ABSTAIN None
ABSENT None
DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.
COMMISSION INTERVIEWS
1. INTERVIEW CANDIDATES TO FILL ONE (1) SEAT ON THE PARKS AND
RECREATION COMMISSION
Recommendation:
1. Mayor shares the characteristics/traits that a successful applicant would possess;
2. Conduct Interviews;
3. Council Members identify the top applicant and provide recommendations to the Mayor; and
4. Discuss and/or appoint applicant.
City Clerk Michelle Bigelow provided a report. The Mayor shared what the City Council looks for in an ideal applicant.
The following applicants were interviewed:
Shishir Jani
Julie Lucido
Ramanathan Nagarajan
Natalie Prcevski
City Clerk Michelle Bigelow tallied the votes.
The Mayor appointed Julie Lucido to serve on the Parks and Recreation Commission for a term ending April 1, 2026.
The special meeting adjourned at 5:59 pm.
February 15, 2023
3 REGULAR MEETING
Mayor Turner called the Regular City Council meeting to order at 7:00 pm.
PRESENTATIONS
YAC Presentation- Asset # 8- Youth as Resources
California Department of Insurance Presentation
RECOGNITIONS
2022 STEM Winners
PROCLAMATIONS
Black History Month
CITY COUNCIL REPORTS
Council Member Gino Borgioli spoke about his recent tour of the Anderson Dam project. He also provided an update on the Little Llagas Creek project.
February 15, 2023
4 CITY MANAGER'S REPORT
City Manager Christina Turner invited the community to join the Cities of Morgan Hill and Gilroy and the Housing Trust's Homebuyer team to learn how the County of Santa Clara's down payment assistance program can help you buy your first home.
Tomorrow, Thursday, February 16th, from 6 to 7 pm, they will be hosting an informational webinar. To learn more and to sign up, please visit housingtrustsv.org.
She announced that the second day of the City Council Goal Setting Workshop will be held in person on Friday, March 3rd, beginning at 9:00 am in the Council Chamber. We will discuss our 2022-2023 Sustainable Morgan Hill Strategic Priorities in detail.
She announced the upcoming State of the City address, which will take place on Wednesday, March 8th, at 6:30 pm.
She concluded by sharing that the Community Engagement Team will again be hosting an informational table on a variety of City topics at the Farmers Market beginning Saturday, March 11th, from 9:00 am to noon. They will be there the second Saturday of each month through October to connect with the community and answer questions.
CITY ATTORNEY'S REPORT
City Attorney Larkin shared that he is on the Board of Directors for PLAN JPA, our liability and property form of insurance. At a special board meeting late last year, they learned about problematic issues concerning property damage insurance prices increasing significantly.
OTHER REPORTS
Council Member Yvonne Martinez Beltran reported on the Silicon Valley Clean Energy (SCVE) board meeting. She also mentioned that all SVCE member agencies voted to adopt reach codes requiring varying degrees of electric readiness, all electric requirements for new construction and electric charging vehicles.
Mayor Mark Turner announced that starting February 25, 2023 he will be doing a series of Coffee with the Mayor. The first will be February 25, 2023 at 9:00 am at the Centennial Recreation Center. It will be held monthly. He also announced that he will be starting Get the Scoop with the Mayor monthly. It will be held at Baskin Robbins on Cochrane beginning March 4, 2023.
PUBLIC COMMENT
Public comment opened at 7:26 pm. The following people were called to speak:
Michael Burchfield
Ben Palm
Mauricio Chavez (Zoom)
There being no further requests to speak, public comment closed.
February 15, 2023
5 ADOPTION OF AGENDA
MOTION:
Adopting the agenda as posted.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
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
Public comment opened at 7:36 pm.
Joe Baranowski was called to speak.
There being no further requests to speak, public comment closed.
MOTION:
Approving consent calendar items 2 through 4.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
2. ADOPT ORDINANCE NO. 2341, NEW SERIES, AMENDING VARIOUS CODE PROVISIONS WITHIN TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF
THE CITY OF MORGAN HILL IMPLEMENTING MINOR AMENDMENTS DUE
February 15, 2023
6 TO CLERICAL ERRORS, INCONSISTENCIES, AND UPDATES TO
ACCESSORY DWELLING UNIT PROVISIONS TO COMPLY WITH STATE LAW
Recommendation:
Waive the reading, adopt Ordinance No. 2341, 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 NO. 2342, NEW SERIES, AMENDING SECTION
13.04.010 (DEFINITIONS) AND SECTION 13.04.330 (WASTING OF WATER AND DROUGHT EMERGENCIES) OF CHAPTER 13.04 (WATER SYSTEM) OF TITLE 13 (PUBLIC SERVICES), TO ADD REGULATIONS PROHIBITING THE
USE OF POTABLE WATER ON NON-FUNCTIONAL TURF AND
PROHIBITING NEW PRIVATE WATER WELLS
Recommendation:
Waive the reading, adopt Ordinance No. 2342, 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 THE JANUARY 11, 2023 AND JANUARY 25, 2023 CITY COUNCIL MEETING MINUTES AND THE JANUARY 27, 2023 GOAL SETTING
WORKSHOP MINUTES
Recommendation:
Approve Minutes.
PUBLIC HEARINGS
5. MONTEREY - CITY VENTURES (THE GATES): ADOPT MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM; APPROVE GENERAL PLAN AMENDMENT FROM
COMMERCIAL TO MIXED USE FLEX; AND INTRODUCE ZONING
AMENDMENT TO ALLOW FOR THE FUTURE DEVELOPMENT OF A MIXEDUSE PROJECT. THE 3.82-ACRE SITE IS LOCATED ON THE SOUTHWEST
QUADRANT OF MONTEREY ROAD AND COCHRANE ROAD WITH ACCESS
OFF SOUTHBOUND MONTEREY ROAD AND INTERSECTION OF
MONTEREY ROAD AND COCHRANE ROAD (ZA2021-0006/GPA2021-
0005/EA2021-0015)
Recommendation:
1. Open/close the public hearing;
2. Adopt a Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project;
3. Adopt a Resolution approving an amendment to the General Plan land use designation;
February 15, 2023
7 4. Waive the first and second reading of the Zoning Amendment Ordinance; and
5. Introduce the Zoning Amendment Ordinance.
Mayor Mark Turner, Mayor Pro Tem Rene Spring, and Council Members Yvonne Martinez Beltran, Gino Borgioli, and Marilyn Librers announced their ex-parte contacts.
Assistant Planner Joey Dinh and Development Services Director Jennifer Carman provided a report and presentation.
The public hearing opened at 8:16 pm. The following people were called to speak:
Samantha Hauser - Applicant
Scott Schilling (Zoom)
Joe Baranowski
Doug Muirhead
Phil Kerr - Applicant
There being no further requests to speak, the public hearing closed.
MOTION:
Approving recommended actions 2 and 3, requiring that an MOU requiring mixed use come back at the second reading of the ordinance.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Librers
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: Mayor Pro Tem Spring
ABSTAIN: None
ABSENT: None
MOTION:
Waiving the first and second reading of the ordinance.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Martinez Beltran
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
February 15, 2023
8 NAYS: Mayor Pro Tem Spring
ABSTAIN: None
ABSENT: None
MOTION:
Introducing the ordinance.
RESULT: Passed
MOVER: Council Member Librers
SECONDER: Council Member Borgioli
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: Mayor Pro Tem Spring
ABSTAIN: None
ABSENT: None
The meeting recessed at 9:17 pm and reconvened at 9:28 pm.
6. ADOPT RESOLUTION APPROVING COMMENCEMENT OF 2023
HAZARDOUS VEGETATION ABATEMENT PROGRAM
Recommendation:
1. Open/Close public hearing; and
2. Adopt Resolution A authorizing Santa Clara County to commence hazardous vegetation abatement activities on the attached list; and
3. Adopt Resolution B authorizing Santa Clara County to commence hazardous vegetation abatement activities for the remaining parcel.
Council Member Librers announced a conflict of interest on Resolution B and stepped down from the dais.
Community Services Supervisor Nichole Martin provided a report.
The public hearing for resolution B opened at 9:33 pm. There being no requests to speak, the public hearing closed.
MOTION:
Adopting Resolution B.
February 15, 2023
9 RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Martinez Beltran
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner
NAYS: None
ABSTAIN: Council Member Marilyn Librers
ABSENT: None
Council Member Librers took her seat at the dais.
The public hearing for resolution A opened at 9:35 pm. There being no requests to speak, the public hearing closed.
MOTION:
Adopting Resolution A.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Librers
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
OTHER BUSINESS
7. INTRODUCE AMENDMENT TO TITLE 2, SECTION 2.04.010 OF THE
MORGAN HILL MUNICIPAL CODE ESTABLISHING REGULAR MEETING DATES FOR THE CITY COUNCIL AND TO CITY COUNCIL POLICIES (CP) 06- 02 AND 98-02 CHANGING THE DATE OF THE GOAL SETTING WORKSHOP Recommendation:
1. Waive the first and second readings of the Ordinance;
2. Introduce the Ordinance; and
3. Approve amended City Council Policies 06-02 City Council Meeting Schedule and 98-02 Time Established for Public Hearings.
City Manager Christina Turner provided a report.
February 15, 2023
10 Public comment opened at 9:37 pm. The following people were called to speak:
Joe Baranowski
There being no further requests to speak, public comment closed.
MOTION:
Approving amended City Council Policies 06-02 City Council Meeting Schedule and 98-02 Time Established for Public Hearings.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Mayor Turner, Council Member Librers
NAYS: Council Member Martinez Beltran
ABSTAIN: None
ABSENT: None
MOTION:
Waiving the first and second reading of the ordinance.
RESULT: Passed
MOVER: Mayor Pro Tem Spring
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Mayor Turner, Council Member Librers
NAYS: Council Member Martinez Beltran
ABSTAIN: None
ABSENT: None
MOTION:
Introducing the ordinance.
RESULT: Passed
MOVER: Mayor Pro Tem Spring
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Mayor Turner, Council Member Librers
NAYS: Council Member Martinez Beltran
February 15, 2023
11 ABSTAIN: None
ABSENT: None
8. REVIEW THE PROCESS FOR FUTURE COUNCIL INITIATED AGENDA ITEMS INCLUDED IN CITY COUNCIL POLICY (CP) 97-01 AND REVIEW AND
PROVIDE DIRECTION ON FIVE PREVIOUSLY REQUESTED FUTURE
AGENDA ITEMS; 1. LOCAL LAW ENFORCEMENT AGENCIES SUMMIT ON CUT-THROUGH TRAFFIC, 2. UNCLAIMED FUNDS GOING INTO
COMMUNITY FUND RATHER THAN GENERAL FUND, 3. CITY COUNCIL
HAVING A VOICE IN THE RECRUITMENT OF BOARD OF DIRECTORS FOR THE CITY'S PARTNER COMMUNITY GROUPS, 4. LANDSCAPE
REQUIREMENTS FOR DEVELOPMENTS ALONG THE FREEWAY AND
MAJOR ARTERIES TO INCLUDE MORE TREES, AND 5. LOCAL
WORKFORCE PROJECT LABOR AGREEMENTS
Recommendation:
1. Review the process for addressing Future Council Initiated Agenda Items included in Council Policy CP 97-01; and
2. Continue the discussion on five Future Council Initiated Agenda Items discussed at the Goal Setting Workshop to determine if the majority of the City Council wants the following items agendized at a future meeting for discussion:
1. Holding a summit of law enforcement agencies regarding cutthrough traffic;
2. Exploring if unclaimed funds can go into a community fund rather than the City's General Fund;
3. Discussion regarding the recruitment of Board of Directors for the City's partner community groups;
4. Review of landscaping requirements on developments along the freeway and major arteries to include more trees; and
5. Discussion on Local Workforce Project Labor Agreements.
City Manager Christina Turner provided a report.
Public comment opened at 10:18 pm. The following people were called to speak:
Joe Baranowski
There being no further requests to speak, public comment closed.
The council conducted a straw poll vote:
1. Summit of Law Enforcement Agencies: yes; Gino/no Rene, Mark, Marilyn, Yvonne
2. Unclaimed Funds to community fund: yes; Yvonne/ no Rene, Mark, Marilyn, Gino
3. Partner Group Board of Directors: yes; Yvonne, Rene/ no Mark, Marilyn / Abstain Gino
February 15, 2023
12 4. Landscaping requirements along highways: yes Rene, Mark, Yvonne/ no Marilyn / Abstain Gino
5. Workforce labor agreements: will fold this into the fire station discussion
9. RECEIVE MONTHLY BUDGET UPDATE; DECEMBER 2022 FINANCIAL AND INVESTMENT REPORTS; AND THE CITY MANAGER AUTHORITY REPORT Recommendation:
Accept and file report.
Finance Director Dat Nguyen provided a report and presentation.
Public comment opened at 10:40 pm. There being no requests to speak, public comment closed.
Report accepted.
FUTURE COUNCIL INITIATED AGENDA ITEMS
None.
ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 10:41 pm.
Minutes Prepared by:
Michelle Bigelow, City Clerk
13 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Matthew Mahood, Economic Development Director
APPROVED BY: City Manager
APPROVE SEWER AND TRAFFIC IMPACT FEE FINANCING AND
SECURITY AGREEMENT WITH JOHN MICHAEL MONACO AND NORA
GAYLE MONACO REVOCABLE LIVING TRUST AT 195 MAST ST
RECOMMENDATION(S)
Adopt resolution authorizing the City Manager to execute a Sewer and Traffic Impact Fee Financing and Security Agreement, consistent with the Sewer and Traffic Impact Fee Deferral Program and Government Code section 53083, with John Michael Monaco and Nora Gayle Monaco Revocable Living Trust for the approved Conditional Use (Indoor Recreation/Gym) on a property zoned for light industrial at 195 Mast Street.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Economic Blueprint
REPORT NARRATIVE:
Impact fees are required by law to pay for specific impacts caused by a user on the City’s infrastructure. The fee is calculated based on the type and size (square footage) of the business. The City calculates impact fees when an applicant submits building permits or tenant improvements, at which point the specific layout of the use throughout the building is specified. The accuracy of the impact fee cannot be finalized until the building permits and tenant improvements have been submitted and approved. Impact fees are usually paid before a tenant occupies a building. These fees are often covered by the property owner as the benefit remains with the property. When there is a known change in occupancy or change in use of an existing property, impact fees are recalculated and adjusted accordingly.
In 2020, Titans Sports Academy (Titans) & Kinetic Performance Institute (KPI) relocated their operations to 195 Mast Street, which is zoned General Industrial (IG). Since Commercial Recreation/Indoor is not permitted in General Industrial (IG) zoning district,
13 Titans/KPI applied for a Conditional Use Permit (CUP). The CUP application was denied by the Planning Commission, but upon appeal to the City Council, the CUP was approved.
Titans & KPI moved into 195 Mast Street and began operations prior to securing the necessary City permits. The impact fees were recalculated during the processing of the tenant improvement permits. The updated traffic and sewer impact fees total $225,608, which includes a credit for the previously accounted for General Industrial use (Attachments 3 & 4). Due to the significant expense of the impact fees, the property owners, John Michael Monaco and Nora Gayle Monaco, have requested to participate in the City’s Sewer and Traffic Impact Fee Deferral Program (hereinafter “Fee Deferral Program”).
Fee Deferral Program Guidelines
In 2006, the City Council created a Sewer and Traffic Impact Fee Financing Program (also known as the Fee Deferral Program) to facilitate commercial and industrial development and assist with development impact fees. The Program was amended to support projects both inside and outside the former Redevelopment Project Area (2009) and Micro Residential Units (2015).
The Program helps projects by allowing them to make installment payments for traffic, sewer, and utility undergrounding impact fees. The City Council has provided the City Manager authority to approve fee financing agreements for up to $99,999. Projects that request financing of $100,000 or more require City Council approval. The Program requires a 20% down payment at the time of permit and allows the remaining 80% balance to be paid over five years in monthly installments.
The Sewer and Traffic Impact Fee Financing Program calculates interest at Local Agency Investment Fund (LAIF) + ½ percent, allowing the City to recover the lost interest it would have earned if the payment was made all at one time, plus ½%. The City Manager has the authority to impose other conditions consistent with the Program goals and requirements or to reject any Program request if there is inadequate security or to minimize risk to the City. The February 27, 2023 LAIF quarter to date rate was
2.52% plus .50% = 3.02%, to be used for this agreement.
The Program has been used by commercial developments/businesses over the years, including Madrone Village and several of the retail center’s commercial tenants, Cochrane Animal Hospital, The Granary, 76 Gas Station at Cochrane Commons, Shoe Palace, Applied Motion, Alara Cellars, and most recently, Giorgio’s Italian Grill and Pizzeria.
Titans/KPI Impact Fees
The impact fees for traffic and sewer at 195 Mast Street total $225,608. The Program requires 20% to be paid at the time of building permit issuance. A deposit of $45,122 would be required and the remaining $180,487 balance would be repaid via monthly installments ($3,244.72, principal and interest), over five years at an interest rate of
3.02%. The loan amortization schedule is attached. (Attachment 5)
13 With City Council approval of the Resolution authorizing the City Manager to execute the Sewer and Traffic Impact Fee Financing and Security Agreement (Attachment 2), the property owner and tenants will be able to maintain operations at 195 Mast Street and make the tenant improvements they are requesting.
COMMUNITY ENGAGEMENT:
Inform.
The table below addresses the requirements set forth in State of California AB 562 (Government Code 53083) for publication of information related to an economic development subsidy and public hearings.
Name/address of the beneficiary of
the subsidy:
John Michael Monaco and Nora Gayle Monaco
Revocable Living Trust,195 Mast St, Morgan Hill,
CA 95037
Start and end dates, schedule for
the subsidy:
The Sewer and Traffic Impact Fee Financing and
Security Agreement will start June 1, 2023. The
financing agreement is for a term of five years for
$180,487.00. The beneficiary will pay monthly
payments of $3,244.72 over the course of five
years.
Describe the subsidy, estimated
total amount of expenditure of
public funds or revenue lost:
The Sewer and Traffic Impact Fee Financing and
Security Agreement allows the beneficiary to
make a 20% down payment on the Sewer and
Traffic Impact fees and finance the balance over
five years. The City charges the beneficiary an
interest rate of the Local Agency Investment Fund
(LAIF) + ½ percent. If the Sewer and Traffic
Impact fees are not paid by the beneficiary, the
City will collect pledged collateral to cover the
balance of the sewer and traffic impact fees. In
addition, future building permits will not be issued
until all impact fees are paid. No anticipated
expenditure of public funds or revenue lost as
interest will be collected over the term of the
financing agreement.
State of public purpose: Fee Financing Agreements are generally used to expand and enhance economic opportunities for
businesses in the City, continue to expand the
City’s employment base, and continue to
generate the hereinafter defined Property Tax and
Sales Tax that the City can utilize to fund general
governmental services such as police, fire, street
maintenance, and parks and recreation programs.
Projected tax revenue: The projected increase in tax collected from improvements at this site is nominal.
Estimated number of jobs created No new jobs are being created by this subsidy. It
13 by subsidy: is a change in use that is driving new, increased impact fees on this property.
ALTERNATIVE ACTIONS:
The City Council could choose not to approve the Agreement which would require the property owner to pay the balance of $225,609 in impact fees immediately.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
In February 2006, the Council created the Fee Financing (Deferral) Program to stimulate commercial/industrial development. The existing program was modified in July 2009 to provide additional enhancements to projects both inside as well as outside the former Redevelopment Project Area.
On February 17, 2021, the City Council called for a review of the Planning Commission decision to deny Conditional Use Permit (UP2020-0004) of Titans/KPI use at 195 Mast Street. After review and discussion, the City Council unanimously voted to adopt Resolution 21-005 overturning the Planning Commission decision and making the necessary findings supporting a Conditional Use Permit.
FISCAL AND RESOURCE IMPACT:
The project’s total impact fees for traffic and sewer are $225,608, of which 20% ($45,122) will be paid up front with the execution and approval of the fee financing agreement, and the remailing deferred balance of $180,487 will be repaid via monthly installments of principal and interest, over five years.
CEQA (California Environmental Quality Act):
Not a Project
This financing agreement is exempted from environmental review under Section 15061(b)(3) of the State CEQA Guidelines. The incentive agreement is covered by the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The financing agreement will not result in any direct impact upon the physical environment. Environmental review for the project was performed at the time the Conditional Use permit was approved.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A SEWER AND
TRAFFIC IMPACT FEE FINANCING AGREEMENT WITH
JOHN MICHAEL MONACO AND NORA GAYLE MONACO
REVOCABLE LIVING TRUST IN THE AMOUNT OF
$180,487 FOR THE ONGOING OPERATION AND TENANT
IMPROVEMENTS A 40,925 SQUARE FOOT OFFICE AND
INDOOR GYM/RECREATION FACILITY LOCATED AT
195 MAST STREET, MORGAN HILL
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting the entrance of the City into that certain agreement described in, and that is the subject of, this Resolution are set forth in detail in that certain City Council Staff Report submitted for the City Council meeting scheduled for March 15, 2023, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council meeting agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a public meeting on the adoption of this Resolution at which meeting the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other information provided in connection with the adoption of this Resolution; and
WHEREAS, existing law generally allows local governments to make their own decisions regarding local economic development matters; and
WHEREAS, the loss of redevelopment has left the City, as well as all cities within the State, with a loss of local resources to encourage economic development; and WHEREAS, the City Council has made findings consistent with Section 53083 of the California Government Code Assembly Bill 562 (“AB 562”). AB 562, titled “Economic Development Subsidies: Review by Local Agencies”, which was codified on October 13, 2013, and went into effect on January 1, 2014, require each local agency, as defined, to provide specified information to the public before approving an economic development subsidy or assistance of $100,000 or more, as defined, within its jurisdiction, and to review, hold hearings, and provide reports at specified intervals. Based upon the decision to terminate redevelopment statewide, the
City of Morgan Hill
Resolution No.
Governor and State Legislature recognized the necessity for local governments to encourage employment and retain jobs and businesses by giving economic assistance to businesses and the importance of facilitating public input; and
WHEREAS, encouraging and developing other businesses in the City that are, or can be, key sources of sales tax revenue would diversify and increase revenue sources for the City’s general fund, which supports public services provided by the City to its residents and local businesses; and
WHEREAS, the City Council determines that the Sewer and Traffic Impact Fee Financing Agreement is consistent with the City’s Sewer and Traffic Impact Fee Deferral Program adopted in July 2007 to stimulate commercial development and is necessary for the preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.
WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the Sewer and Traffic Impact Fee Financing Agreement dated March ___, 2023 with John Michael Monaco and Nora Gayle Monaco Revocable Living Trust, for the on-going operation and tenant improvements to a 40,925 square foot office and indoor gym/recreation facility at 195 Mast Street, substantially in the form attached hereto as Exhibit A and incorporated herein by this reference (the “Sewer and Traffic Impact Fee Financing Agreement”), is hereby approved. b. That the City Manager is hereby delegated authority to and is authorized and directed to do everything necessary and appropriate to execute the Agreement substantially in the form attached hereto as Exhibit A; provided, specifically, that the total amounts to be financed under the Sewer and Traffic Impact Fee Financing Agreement shall in no event exceed One Hundred Eighty Thousand and Four Hundred Eighty-Seven Dollars ($180,487).
Section 3. This Resolution shall take effect immediately upon adoption.
City of Morgan Hill
Resolution No.
PASSED AND ADOPTED by the City Council of Morgan Hill at the meeting held on this ________ day of _______, 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
____________________________ ________________________________ MARK TURNER, 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 the meeting held on March15, 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
TO BE RECORDED WITHOUT FEE (SPACE ABOVE LINE FOR RECORDER'S USE) PER GOVERNMENT CODE 27383 and 6103
APN: 817-02063
SEWER/TRAFFIC FEE FINANCING AGREEMENT AND SECURITY AGREEMENT This Sewer/Traffic Fee Financing Agreement and Security Agreement (the "Agreement") is entered into as of _________________, 2023, by and between the John Michael Monaco and Nora Gayle Monaco Revocable Living Trust (the "Borrower") and the City of Morgan Hill, a municipal corporation duly organized and existing under the laws of the State of California, California, (“City”) with reference to the following facts and purposes:
RECITALS
A. The City has established a Sewer/Traffic Fee Financing Program (the "Program") to defer sewer and traffic fees for new and expanding industrial and commercial businesses.
B. Borrower is a legal tenant of that certain real property in the City described in the attached Exhibit A (the "Property") upon which improvements are to be made for a new or expanding industrial or commercial business (the “Improvements”).
C. On _______________,2023, the City granted a request of the Borrower to be a Program participant with respect to John Michael Monaco and Nora Gayle Monaco Revocable Living Trust, Sewer and Traffic Fees in the aggregate amount of Two Hundred Twenty-Five Thousand, Six Hundred Eight Dollars ($225,608.00) (the "Fees"), payable by the Borrower in connection with Improvements on the Property.
D. As a condition of participation in the Program and in consideration of the City's agreement to defer payment of the Fees as specified herein, the Borrower is required to execute this Agreement and the documents specified herein setting forth the terms and conditions for payment of the Fees by the Borrower to the City and establishing security for such payment.
NOW, THEREFORE, the City and the Borrower agree as follows:
1. Financing of Fee. Upon satisfaction of the conditions set forth in Section 3 below but not later than the date the Borrower is required to pay a minimum of twenty percent (20%) of the Sewer/Traffic Fees for the Improvements on the Property, by July 1, 2023 (“Initial Payment Date”), in accordance with applicable City ordinances and regulations, the Borrower shall be granted the right to pay the Fees pursuant to the Program in accordance with the payment terms set forth in Section 2 below. If the conditions set forth in Section 4 below are not satisfied in full, the Borrower shall pay the Fees in their entirety on the Initial Payment Date or on such other
2 date(s) as provided in the applicable City ordinances and regulations, and this Agreement shall terminate and be of no further force and effect.
2. Payment of Fees. The Fees shall be paid as follows:
(a) Twenty percent (20%) of the Sewer and Traffic Impact Fees, Forty-Five Thousand One Hundred Twenty-Two Dollars ($45,122.00), shall be paid to the City on the Initial Payment Date as the "Down Payment".
(b) The remaining balance of the Fees (total fees minus the Down Payment) of One Hundred Eighty Thousand, Four Hundred Eighty-Seven Dollars ($180,487.00) (“Financed Fees”) shall be paid in sixty (60) equal monthly installments and shall bear interest at Three and Two hundredth percent (3.02%) per annum compounded monthly. The monthly installment shall be $3,244.72 per month which shall commence on July 1, 2023, continuing on the first day of each month thereafter until full principal amount and all interest thereon has been paid. Maturity date is June 1, 2028. Borrower may prepay the balance without penalty.
3. Security Agreement. In order to secure and perfect Borrowers’ obligation to repay the Financed fees, Borrower agrees to execute a promissory note in the form provided by City (the "Note"), which shall be secured by an executed and recorded Uniform Commercial Code filing in the form provided by City (the "UCC-1 Filing"). This Agreement, the Note and the UCC-1 Filing shall be collectively referred to herein as the "Loan Documents." City and the Borrower agree that the Loan Documents shall create and perfect the City’s security interest in the personal property set forth in Exhibit A as collateral (“Collateral”) for the payment of the Financed Fees
4. Conditions to Financing of Fees. As conditions to the Borrower's right to finance payment of the Fees in the manner set forth in Sections 1 and 2, the representations set forth in Section 7 must remain true and correct as of the Initial Payment Date, and the following actions must be completed by not later than the Initial Payment Date (unless waived in writing by the City):
(a) Delivery to the City of the Down Payment;
(b) Execution by the Borrower and delivery to the City of the appropriate Loan Documents; (c) Recordation in the official records of the California Secretary of State of the UCC-1 Filing as a lien against the Collateral;
5. Events of Default. Each of the following shall constitute a "Default" by the Borrower under the Agreement and the other Loan Documents:
(a) Failure by the Borrower to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Loan Documents (including, without limitation, the obligation to repay the Financed Fees as provided in Section 2(b) of this Agreement), if such failure remains uncured fifteen (15) days after written notice of such failure is mailed by the City to the Borrower; provided, however, that if a lesser period or notice requirement is allowed before a Default occurs under any of the following subsections or under any other Loan Document, such lesser requirement shall control in this Agreement.
(b) Any representation or warranty contained in any Loan Document proves to have been incorrect in any material respect when made or on the Initial Payment Date. (c) A court having jurisdiction shall have made or entered any decree or order (1) adjudging the Borrower to be bankrupt or insolvent, (2) approving as properly filed a petition seeking reorganization of the Borrower or seeking any arrangement for the Borrower under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee of the
3 Borrower in bankruptcy or insolvency or for any of their properties, or (4) directing the winding up or liquidation of the Borrower, if any such decree or order described in clauses (1) to (4), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days unless a lesser time period is permitted for cure under any other lien on the Collateral, in which event such lesser time period will apply under this subsection (c) as well; or the Borrower shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (1) to (4), inclusive. The occurrence of any Default in this subsection shall act to accelerate automatically, without the need for any action by the City, the indebtedness evidenced by the Note.
(d) The Borrower shall have assigned its assets for the benefit of its creditors or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within ninety (90) days after such event (unless a lesser time period is permitted for cure under any other lien on the Collateral, in which event such lesser time period shall apply under this subsection (d) as well) or prior to sooner sale pursuant to such sequestration, attachment, or execution. The occurrence of any Default in this subsection shall act to accelerate automatically, without the need for any action by the Agency, the indebtedness evidenced by the Note. (e) The Borrower shall have voluntarily suspended its business or, if the Borrower is a partnership, the partnership shall have been dissolved or terminated. (f) The condemnation, seizure, or appropriation of all or, in the opinion of the City, a substantial part of the Collateral, except for a condemnation initiated by the City. (g) There shall not take place any default declared by any lender under any loan document related to any other loans secured by a deed of trust or lien on the Collateral. The occurrence of Default under this subsection (g) shall act to accelerate automatically, without the need for any action by the City, the indebtedness evidenced by the Note.
6. Remedies. The occurrence of any Default will, either at the option of the City or automatically, where so specified, give the City the right to proceed with any and all remedies set forth in this Agreement and the Loan Documents, including but not limited to the following:
(a) The City shall have the right to cause all indebtedness of the Borrower to the City under this Agreement, together with any accrued interest thereon, to become immediately due and payable. The Borrower waives all right to presentment, demand, protest or notice of protest or dishonor. The City may proceed to enforce payment of the indebtedness and to exercise any or all rights afforded to the City as a creditor and secured party under the law including the Uniform Commercial Code, including foreclosure upon the Collateral under the UCC Filing. The Borrower shall be liable to pay the City on demand all expenses, costs and fees (including, without limitation, attorney's fees and expenses) paid or incurred by the City in connection with the collection of the Financed Fees and the preservation, maintenance, protection, sale, or other disposition of the Collateral given for the Financed Fees. (b) The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require the Borrower to perform its obligations and covenants under the Loan Documents or to enjoin acts on things which may be unlawful or in violation of the provisions of the Loan Documents.
(c) The City shall have the right to cure any monetary default by the Borrower under a loan in connection with the Collateral; provided, however, that if the Borrower is in good faith contesting a claim of default under a loan and the City's interest under the Loan Documents are not imminently threatened by such default, in the City's sole judgment, the City shall not have the right to cure such default. The Borrower agrees to reimburse the City for any funds advanced by the City to cure a monetary default by Borrower upon demand therefore, together with
4 interest thereon at the interest rate established for the Financed Fees in Section 2(b) above from the date of expenditure until the date of reimbursement.
No right, power, or remedy given to the City by the terms of this Agreement or the Loan Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against the Borrower and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
7. Representations and Warranties. The Borrower hereby represents and warrants to the City as follows:
(a) The Borrower is duly organized, validly existing and in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted.
(b) The Borrower and the Guarantor, as applicable, have full power and authority to execute and deliver this Agreement and to make and accept the obligations contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.
(c) This Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of the Borrower and the Guarantor, as applicable, and all actions required under the Borrower's and the Guarantor's organizational documents and applicable governing law for the authorization, execution, delivery and performance of this Agreement and the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, have been duly taken. (d) This Agreement and the Loan Documents and all other documents or instruments which have been executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of the Borrower, as applicable, enforceable against them in accordance with their respective terms.
(e) The Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to the Borrower, materially affect the Borrower's ability to meet its obligation or impair the security to be given to the City pursuant hereto.
(f) To the best knowledge of the Borrower:
(1) The Property is not and has not been a site for the use, generation, treatment, manufacture, storage, disposal or transportation of any hazardous materials and there are no hazardous materials located in, on or under the Property; (2) The Property is presently in compliance with all hazardous materials laws, including, without limitation, those relating to soil and ground water conditions;
5 (3) No investigations, inquiries, notices, orders, hearings, actions, or other proceedings by or before any governmental agency are pending or threatened against the Borrower and/or the Property pertaining in any way to (A) the use, generation, treatment, manufacture, storage, presence, disposal or transportation of hazardous materials from, under, into or on the Property or any portion thereof and/or (B) the violation or alleged violation of, or the noncompliance or alleged noncompliance with, any hazardous materials law; and (4) No underground storage tanks are presently located, or in the past have been located, in, on or under the Property.
8. General Provisions.
(a) Time is of the essence in the performance of all obligations under this Agreement and the Other Loan Documents.
(b) Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows:
Borrower:
The John Michael Monaco and Nora Gayle Monaco
Revocable Living Trust
Attn: John M. Monaco & Nora Monaco
1682 Monaco Place
San Martin, CA 95046
City: City of Morgan Hill Copy to: City Clerk
17575 Peak Avenue City of Morgan Hill
Morgan Hill, CA 95037 17575 Peak Avenue
Attention: Finance Director Morgan Hill, CA 95037
Such addresses may be changed by notice to the other party given in the same manner as provided above.
(c) If either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder or under any of the Loan Documents, the prevailing party shall be entitled to recover from the other party its costs of suit and reasonable attorneys' fees which shall be fixed by the court.
(d) If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired.
(e) This Agreement and the Loan Documents and other instruments given pursuant to this Agreement shall be construed in accordance with and be governed by the laws of the State of California. Any action commenced about thus Agreement or any of the Loan Documents shall be filed in the central branch of the Santa Clara County Superior Court. (f) This Agreement may not be changed orally, but only by agreement in writing signed by the Borrower and the City.
(g) The Loan Documents together embody the agreement between the City and the Borrower for the payment of the Fee. No verbal agreements or conversations with any officer, agent or employee of the City prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in the Loan Documents. Any such verbal agreement shall be considered unofficial information and in no way binding upon the City.
6 (h) This Agreement and its terms and conditions shall be binding on the successor in interest to Borrower’s business or the Property.
(i) No official or employee of the City shall be personally liable for any default or liability under this Agreement.
(j) The Borrower covenants there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, disability, national origin, or ancestry in any activity pursuant to this Agreement.
(k) The Borrower shall comply with all applicable laws ordinances, codes, and regulations of the federal, state, and local governments.
(l) The Borrower shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
(m) Whenever any approval, notice, direction, consent, request, waiver of condition or other action by the City is required or permitted under this Agreement, such action may be given, made, or taken by the City Manager or Finance Director, or by any person who shall have been designated in writing to the Borrower by the City Manager or Finance Director, without further approval by the City Council, and any such action shall be in writing. (n) The following exhibits are attached to and incorporated by reference in this Agreement:
Exhibit A Description of the Collateral
Exhibit B Form of UCC-1 Filing
Exhibit C Promissory Note
(o) If any term or provision of any Loan Document conflicts with any term or provision of this Agreement, the term or provision of this Agreement shall control to the extent of such conflict.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.
BORROWER: CITY:
John Michael Monaco and Nora Gayle CITY OF MORGAN HILL
Monaco Revocable Living Trust a municipal corporation
___________________________ __________________________
John Michael Monaco Christina Turner, City Manager
Date: Date:
Approved as to Form:
____________________________
Nora Gayle Monaco
__________________________
Date: _ Donald A. Larkin, City Attorney
Date:
Attest:
Michelle Bigelow City Clerk
Date: _______________
7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Santa Clara )
On , 2023, before me, , personally appeared
, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Santa Clara )
On , 2023, before me, , personally appeared
, who proved to me on the
basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
8 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Santa Clara )
On , 2023, before me, , personally appeared
, who proved to me on the
basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
9 EXHIBIT A
DESCRIPTION OF COLLATERAL
This Exhibit A is attached to that certain UCC-1 Financing Statement identified as follows:
1. DEBTOR:
John Michael Monaco and Nora Gayle Monaco Revocable Living Trust
2. DESCRIPTION OF COLLATERAL:
A. All inventory, furnishings, fixtures, equipment, supplies, construction materials, goods and other article of personal property, which are now or hereafter owned by debtor and located at, placed upon or about, or affixed or attached to or install in or on the commercial premises ("Premises") commonly known as 195 Mast Street, Morgan Hill, California containing approximately 40,925 square feet of office and indoor gym/recreation space as described in Section C, and used or to be used in the connection with or otherwise relating to the premise or the ownership, use, development, construction, maintenance, management, operation, marketing leasing or occupancy, therefor, and all accessories, attachments, parts or repairs of or to any of such property.
B. All accounts, general intangibles, chattel paper, letter of credit rights, deposit accounts, money, investment property, documents, certificate of title and instruments (whether negotiable or nonnegotiable), contract rights, insurance policies, and all rights to payment of many kind relating to or otherwise arising in connection with or derived from the Premises, (ii) refunds, rebates, reserves, deferred payments, deposits, costs savings and payments of any kind due from or payable by (A) any federal, state, municipal or other government or quasi-government agency, authority or district (individually, a "Government Agency"), or (B) any insurance or utility company, in either case relating to any or all of the Premise, (iii) refunds, rebates and payment of any kind due from or payable by any Governmental Agency for any taxes, assessments, or governmental or quasi-governmental charges or levies imposed upon Debtor with respect to or upon any or all of the Premises.
C. TENANT'S PARCEL LEGAL DESCRIPTION: The land referred to in this Commitment is situated in the City of Morgan Hill, county of Santa Clara, State of California, and is described as follows:
APN: 817-02063
BEING A PORTION OF LOT 13, AS SHOWN UPONT THAT CERTAIN MAP ENTITLED “CATHERIN DUNNE RANCH MAP NO. 5” FILED IN BOOK “I” OF MAPS AT PAGE 59, SANTA CLARA COUNTY RECORDS, AND A PORTION OF LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED “HENRI MARTENS SUBDIVISION NO. 2” FILED IN BOOK “P” OF MAPS AT PAGE 39, SANTA CLARA COUNTY RECORDS.
10 EXHIBIT B
FORM OF UCC FILING
This will be the filed UCC
11 EXHIBIT C
Promissory Note
$180,487.00 Morgan Hill, California
______________, 2023
FOR VALUE RECEIVED, the undersigned, John Michael Monaco and Nora Gayle Monaco Revocable Living Trust (“Maker”), hereby promises to pay to the order of the CITY OF MORGAN HILL, a municipal corporation (“Holder”), without deduction or offset, the sum of One Hundred Eighty Thousand Four Hundred Eighty-Seven Dollars and Zero Cents ($180,487.00) as much as may be disbursed thereof.
This Note is entered into and arises pursuant to that certain Sewer/Traffic Fee Financing Agreement and Security Agreement (the “Agreement”) dated on or about the same date herewith by and between Maker and Holder, which is incorporated herein by this reference, and evidences the obligation to repay the Loan described therein.
Payments shall be due under this Note as follows: Beginning the first of the month following the issuance of the Certificate of Occupancy, Maker shall make sixty (60) equal monthly payments of Three Thousand Two Hundred Forty-Four Dollars and SeventyTwo Cents ($3,244.72) which shall bear simple interest at Three and Two hundredth percent (3.02%). The monthly installment payments shall commence on the first of the month following the issuance of the Certificate of Occupancy and continuing on the first day of each month thereafter with the remaining balance of principal due and payable on the first day of the sixty first (61st) month following the date of the issuance of the Certificate of Occupancy, provided, however, that Maker’s obligation to repay this Note may be accelerated in accordance with the Agreement or the terms of this Note. Monthly payments are due on the first day of the month and considered delinquent on the fifteenth day of the month.
All sums paid under this Note shall be applied against the balance of unpaid principal and interest, and no interest shall thereupon accrue upon principal paid to date.
Should any sum due hereunder not be paid by the fifteenth (15th) day after written notice of such default is given by the Holder to the Maker, then all sums of unpaid principal and accrued interest may immediately be deemed due and payable and shall thereafter bear interest at the rate of ten percent (10%) per annum, until paid.
Neither the failure of Holder to exercise its right to accelerate, nor reinstatement of this Note after such exercise, shall constitute a waiver of the right to exercise such rights at any other time.
This Note is to be construed so as to give effect to the intent of the parties to conform strictly to the law, and all interest payable on account of this Note shall be reduced, if necessary, to the highest amount allowable under the usury laws or other laws governing this transaction, should this transaction not be exempt from the same. This Note shall be governed by and construed in accordance with the laws of the State of California.
All parties who are obligated to pay any portion of the indebtedness represented by this Note, whether as principal, surety, guarantor or endorser, hereby waive presentment for payment,
12 demand, protest, notice of protest and notice of dishonor, and all other notices to which they might otherwise be entitled.
If any sum due under this Note is not paid when due, Maker hereby covenants and agrees to pay all costs and expenses of collection, whether by suit or otherwise, at any time and from time to time incurred, including, without limitation, attorney's fees.
Subject to the foregoing, the terms of this Note shall be binding upon and inure to the benefit of the respective heirs, successors in interest and assigns of Maker and Holder.
All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery or by overnight courier. Notices shall be considered given upon the earlier of (a) personal delivery; (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested; or (c) one (1) business day following deposit with an overnight courier. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice:
Holder: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Attn: Economic Development
Copy to: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Attn: City Clerk
Maker: John Michael Monaco and Nora Gayle Monaco
Revocable Living Trust
1682 Monaco Place
San Martin, CA 95046
Attn: John M. Monaco & Nora Monaco
Time is of the essence with respect to each and every provision hereof. If any provision hereof is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity thereof shall not affect the enforceability of the remaining provisions of this Note.
MAKER:
John Michael Monaco and Nora Gayle Monaco Revocable Living Trust By: ________________________________
John M. Monaco
By: ________________________________
Nora Monaco
DATE PREPARED: 2/9/2022
TRACT # / APN: 817-02-063
EXPIRATION DATE: 7/15/2022
ADDRESS / LOT: 195 Mast Street, ste 120
CALCULATED BY: CHARLIE HA
PROJECT DESC: Kinetic Performance Institute
CHECKED BY: CHARLIE HA
APPLICANT NAME: TITANS SPORTS ACADEMY & KPI BUILDING PERMIT #: BCOM2021-0052 MAILING ADDRESS: 8524 Otoole Court BLD PERMIT ISS. DATE: N/A CITY, STATE, ZIP: Gilroy, CA 95020 SEWER IMPACT FEES WITHIN RDA BOUNDARY
CHECK APPLICABLE SCENARIO BELOW
PHONE NUMBER:
1. METER DEPOSIT: Subtotal:
1″ x 0 = $0
1 ½″ x 0 = $0
2″ x 0 = $0
= $0
METER CREDITS $0 / x 0 / = $0
2. BACKFLOW CONST. INSPECTION: Subtotal:
x 0 Each = $0
3a. WATER FRONTAGE CHARGE: Subtotal:
1 Side $74 x 0 LF = $0
2 Sides $40 x 0 LF = $0
3b. SEWER FRONTAGE CHARGE: Subtotal:
1 Side $74 x 0 LF = $0
2 Sides $40 x 0 LF = $0
3c. STORM FRONTAGE CHARGE: 304-37663 Subtotal:
1 Side $121 x 0 LF = $0
2 Sides $59 x 0 LF = $0
3d. UNDERGROUNDING UTILITIES: 350-37649 Subtotal:
1 Side $762 x 0 LF = $0
2 Sides $385 x 0 LF = $0
CITY OF MORGAN HILL PUBLIC WORKS DEPARTMENT
$516
650-37859
650-37663
650-37672
$68
640-37663
APPLICANT INFO
17575 Peak Avenue Morgan Hill CA 95037 - Office (408) 778-6480 Fax (408) 779-7236 FEE SCHEDULE: 01.15.2022
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.
$0
$0
$0
$1,808
$1,602
3" or larger-Time & Material + Meter Cost
$0
MULTI-FAMILY IS DEFINED AS ANY UNIT WITH TWO BEDROOMS OR LESS.
SINGLE FAMILY IS DEFINED AS ANY UNIT WITH 3 BEDROOMS OR MORE. $0
$0
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Kinetic 1
4. WATER IMPACT FEE: Subtotal:
Single Family $4,264 /DU x 0 DU = $0
Multi Family $3,847 /DU x 0 DU = $0
Senior/Downtown $3,847 /DU x 0 DU = $0
Commercial $12,104 /AC x 0 AC = $0
Industrial $12,104 /AC x 0 AC = $0
Office $12,104 /AC x 0 AC = $0
Auto Dealership $12,104 /AC x 0 AC = $0
Hotel $12,104 /AC x 0 AC = $0
WATER CREDITS $0 / x 0 / = $0
5. SEWER IMPACT FEE: Subtotal:
Single Family $16,687 /DU x 0 DU = $0
Multi Family $14,123 /DU x 0 DU = $0
Senior/Downtown $14,123 /DU x 0 DU = $0
Commercial $54.95 /GPD x 365 GPD = $20,061
Industrial $54.95 /GPD x 0 GPD = $0
Office $54.95 /GPD x 0 GPD = $0
Auto Dealership $54.95 /GPD x 0 GPD = $0
Hotel $54.95 /GPD x 0 GPD = $0
SEWER CREDITS $0 / x 0 / = $0
RDA SEWER CREDIT Single Family $16,687 /DU x 0 DU = $0
Multi Family $14,123 /DU x 0 DU = $0
Commercial $54.95 /GPD x 0 GPD = $0
Industrial $54.95 /GPD x 0 GPD = $0
Office $54.95 /GPD x 0 GPD = $0
Auto Dealership $54.95 /GPD x 0 GPD = $0
Hotel $54.95 /GPD x 0 GPD = $0
6. STORM DRAIN IMPACT FEE: 303-37648 Subtotal:
Single Family $2,115 /DU x 0 DU = $0
>1,200 SF Multi Family $1,204 /DU x 0 DU = $0
< 1,200 SF Multi Family $560 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $1,204 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $560 /DU x 0 DU = $0
Commercial $22,901 /ACRE x 0 AC = $0
Industrial $16,861 /ACRE x 0 AC = $0
Office $22,901 /ACRE x 0 AC = $0
Auto Dealership $22,901 /ACRE x 0 AC = $0
Hotel $339 /ROOM x 0 RM = $0
STORM CREDITS $0 / x 0 / = $0
7. TRAFFIC IMPACT FEE: Subtotal:
Single Family $3,675 /DU x 0 DU = $0
>1,200 SF Multi Family $2,277 /DU x 0 DU = $0
< 1,200 SF Multi Family $1,434 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $2,277 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $1,434 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $3,675 /PHT x 14.85 PHT = $54,569
Industrial $3,675 /PHT x 0 PHT = $0
Office $3,675 /PHT x 0 PHT = $0
Auto Dealership $3,675 /PHT x 0 PHT = $0
Hotel $3,675 /PHT x 0 PHT = $0
TRAFFIC CREDITS $0 /PHT x 0 PHT = $0
8. PARK IMPACT FEE: Subtotal:
Subdivision: Single Family $6,327 /DU x 0 DU = $0
Multi Family $6,096 /DU x 0 DU = $0
Senior/Downtown $4,175 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
No Subdivision Single Family $4,600 /DU x 0 DU = $0
Multi Family $4,437 /DU x 0 DU = $0
Senior/Downtown $3,036 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
PARK CREDITS $0 / x 0 / = $0
$0
$54,569
$0
$20,061
651-37648 $0
641-37648
309-37648
301-37648
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Kinetic 2
8a. PARK MAINTENANCE DEV. FEE: Subtotal:
$0 / x 0 EAC = $0
9. PUBLIC FACILITIES IMPACT FEE: Subtotal:
Single Family $602 /DU x 0 DU = $0
Multi Family $580 /DU x 0 DU = $0
Senior/Downtown $398 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $1,327 /ACRE x 0 AC = $0
Industrial $1,857 /ACRE x 0 AC = $0
Office $1,577 /ACRE x 0 AC = $0
Auto Dealership $532 /ACRE x 0 AC = $0
Hotel $15 /ROOM x 0 RM = $0
PUBLIC FACILITIES CREDITS $0 / x 0 / = $0
10. LIBRARY IMPACT FEE: Subtotal:
Single Family $2,324 /DU x 0 DU = $0
Multi Family $2,238 /DU x 0 DU = $0
Senior/Downtown/SDU $1,532 /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 $4,309 /DU x 0 DU = $0
Multi Family $3,781 /DU x 0 DU = $0
Senior/Downtown $2,853 /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 $2,115 /DU x 0 DU = $0
>1,200 SF Multi Family $1,870 /DU x 0 DU = $0
< 1,200 SF Multi Family $1,400 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $1,870 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $1,400 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $11,818 /ACRE x 0 AC = $0
Industrial $14,184 /ACRE x 0 AC = $0
Office $14,168 /ACRE x 0 AC = $0
Auto Dealership $5,668 /ACRE x 0 AC = $0
Hotel $65 /ROOM x 0 RM = $0
POLICE CREDITS $0 / x 0 / = $0
13. ENGINEERING & INSPECTION FEE: Subtotal:
ENGR ESTIMATE: $0 13.3% $1 to $100,000 = $0
ENGR EST. DATE: 11.8% $100,001 to $200,000 = $0
10.3% $200,001 to $500,000 = $0
8.8% OVER $500,000 = $0
DEPOSIT PAID = $0
14. LONG RANGE PLANNING FEE: Subtotal:
LONG RANGE PLANNING FEE (15% of E&I) = $0
15. GIS FEE: Subtotal:
GIS/TECHNOLOGY FEE (5% of E&I) = $0
16. MAP CHECK FEE: Subtotal:
PARCEL MAP: = $0
TRACT MAP: = $0
$0
$0
$0
$0
$0
$0
$0
$0
$0
360-37648
348-37648
347-37648
302-37649
$9,248
315-37648
207-37912
206-37913
$5,752
206-38716
206-38734
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Kinetic 3
17. OTHER FEES: Subtotal:
Certificate of Compliance $ 3,760 206-38430 = $0
Lot Line Adjustment/Merger $ 3,151 206-38712 = $0
Engineering Services $ 203 /hr 206-38719 $0
Public Easement Review $ 2,541 206-38737 = $0
Street Vacation Review $ 203 /hr 206-38737 = $0
Easement Abandonment $ 4,471 206-38737 = $0
Plan Revision Review $ 509 /hr 206-38737 $0
Reimbursement Agreement $ 2,202 206-38741 = $0
FEMA Compliance - Base Fee $ 406 206-38725 = $0
FEMA Comp. w/ CLMOR/LOMR $ 2,236 206-38725 = $0
FEMA Comp. w/ Pub. Outreach $ 814 206-38725 = $0
Storm Water Runoff Mangnt Plan Review $ 2,846 206-38734 = $0 SWPPP Document Review 1st $ 1,219 232-37687 = $0
SWPPP Document Review 2nd $ 756 232-37687 = $0
SWPPP Offsite Inspection - 6 month $ 6,097 232-37688 = $0 SWPPP Offsite Inspection - 12 month $ 12,195 232-37688 = $0 SWPPP Offsite Inspection - 24 month $ 24,390 232-37688 = $0 Post Construction BMP Initial/Base Setup $ 595.73 206-38734 = $0 Post Construction Each Additional BMP $ 119.15 /BMP 206-38734 = $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:
Notes & Comments: Kinetic Performance Institute`
6725 sq. ft. = Total Area
1345 sq. ft. = Office area allowance not charged impact fee (20% of total area) 1115 sq. ft. = Total Office Area (office, breakroom, storage, restroom, lobby, hallway, and misc) 0 sq. ft. = New Office Area (Total Office Area - Office Area Allowance = New Office Area) to be charged impact fees 5610 sq. ft. = Gym Area (Total Area - Total Office Area = Gym Area) to be charge Impact fees Traffic Impact Fee
1.49 pht/1000 sf = Office peak hour trips per 1000 square feet per Memo E20
0.00 PHT = Office Peak Hour Trips x New Office Area
3.45 pht/1000 sf = Gym peak hour trips per 1000 square feet per ITE 492 - Fitness Club
19.35 PHT = Gym Peak Hour Trips x Gym Area
4.51 PHT = Prior Credit for Manufacturing per ITE 140
14.85 PHT = Total Peak Hour Trips
Sanitary Sewer Impact Fee
0.093 gpd/sf = Office sanitary coefficient, gallons per day per square feet 0 gpd = Office gallons per day x New Office Area
0.137 gpd/sf = Gym sanitary coefficient, gallons per day per square feet 769 gpd = Gym gallons per day x Gym Area
404 gpd = Prior Credit for Industrial use per Memo E20
365 gpd = Total Gallons Per Day
$0
$74,630
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Kinetic 4
DATE PREPARED: 2/9/2022
TRACT # / APN: 817-02-063
EXPIRATION DATE: 7/15/2022
ADDRESS / LOT: 195 Mast Street, ste 100
CALCULATED BY: CHARLIE HA
PROJECT DESC: Titans Sports
CHECKED BY: CHARLIE HA
APPLICANT NAME: TITANS SPORTS ACADEMY & KPI BUILDING PERMIT #: BCOM2021-0052 MAILING ADDRESS: 8524 Otoole Court BLD PERMIT ISS. DATE: N/A CITY, STATE, ZIP: Gilroy, CA 95020 SEWER IMPACT FEES WITHIN RDA BOUNDARY
CHECK APPLICABLE SCENARIO BELOW
PHONE NUMBER:
1. METER DEPOSIT: Subtotal:
1″ x 0 = $0
1 ½″ x 0 = $0
2″ x 0 = $0
= $0
METER CREDITS $0 / x 0 / = $0
2. BACKFLOW CONST. INSPECTION: Subtotal:
x 0 Each = $0
3a. WATER FRONTAGE CHARGE: Subtotal:
1 Side $74 x 0 LF = $0
2 Sides $40 x 0 LF = $0
3b. SEWER FRONTAGE CHARGE: Subtotal:
1 Side $74 x 0 LF = $0
2 Sides $40 x 0 LF = $0
3c. STORM FRONTAGE CHARGE: 304-37663 Subtotal:
1 Side $121 x 0 LF = $0
2 Sides $59 x 0 LF = $0
3d. UNDERGROUNDING UTILITIES: 350-37649 Subtotal:
1 Side $762 x 0 LF = $0
2 Sides $385 x 0 LF = $0
CITY OF MORGAN HILL PUBLIC WORKS DEPARTMENT
$516
650-37859
650-37663
650-37672
$68
640-37663
APPLICANT INFO
17575 Peak Avenue Morgan Hill CA 95037 - Office (408) 778-6480 Fax (408) 779-7236 FEE SCHEDULE: 01.15.2022
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.
$0
$0
$0
$1,808
$1,602
3" or larger-Time & Material + Meter Cost
$0
MULTI-FAMILY IS DEFINED AS ANY UNIT WITH TWO BEDROOMS OR LESS.
SINGLE FAMILY IS DEFINED AS ANY UNIT WITH 3 BEDROOMS OR MORE. $0
$0
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Titan 1
4. WATER IMPACT FEE: Subtotal:
Single Family $4,264 /DU x 0 DU = $0
Multi Family $3,847 /DU x 0 DU = $0
Senior/Downtown $3,847 /DU x 0 DU = $0
Commercial $12,104 /AC x 0 AC = $0
Industrial $12,104 /AC x 0 AC = $0
Office $12,104 /AC x 0 AC = $0
Auto Dealership $12,104 /AC x 0 AC = $0
Hotel $12,104 /AC x 0 AC = $0
WATER CREDITS $0 / x 0 / = $0
5. SEWER IMPACT FEE: Subtotal:
Single Family $16,687 /DU x 0 DU = $0
Multi Family $14,123 /DU x 0 DU = $0
Senior/Downtown $14,123 /DU x 0 DU = $0
Commercial $54.95 /GPD x 597 GPD = $32,804
Industrial $54.95 /GPD x 0 GPD = $0
Office $54.95 /GPD x 0 GPD = $0
Auto Dealership $54.95 /GPD x 0 GPD = $0
Hotel $54.95 /GPD x 0 GPD = $0
SEWER CREDITS $0 / x 0 / = $0
RDA SEWER CREDIT Single Family $16,687 /DU x 0 DU = $0
Multi Family $14,123 /DU x 0 DU = $0
Commercial $54.95 /GPD x 0 GPD = $0
Industrial $54.95 /GPD x 0 GPD = $0
Office $54.95 /GPD x 0 GPD = $0
Auto Dealership $54.95 /GPD x 0 GPD = $0
Hotel $54.95 /GPD x 0 GPD = $0
6. STORM DRAIN IMPACT FEE: 303-37648 Subtotal:
Single Family $2,115 /DU x 0 DU = $0
>1,200 SF Multi Family $1,204 /DU x 0 DU = $0
< 1,200 SF Multi Family $560 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $1,204 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $560 /DU x 0 DU = $0
Commercial $22,901 /ACRE x 0 AC = $0
Industrial $16,861 /ACRE x 0 AC = $0
Office $22,901 /ACRE x 0 AC = $0
Auto Dealership $22,901 /ACRE x 0 AC = $0
Hotel $339 /ROOM x 0 RM = $0
STORM CREDITS $0 / x 0 / = $0
7. TRAFFIC IMPACT FEE: Subtotal:
Single Family $3,675 /DU x 0 DU = $0
>1,200 SF Multi Family $2,277 /DU x 0 DU = $0
< 1,200 SF Multi Family $1,434 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $2,277 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $1,434 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $3,675 /PHT x 32.16 PHT = $118,175
Industrial $3,675 /PHT x 0 PHT = $0
Office $3,675 /PHT x 0 PHT = $0
Auto Dealership $3,675 /PHT x 0 PHT = $0
Hotel $3,675 /PHT x 0 PHT = $0
TRAFFIC CREDITS $0 /PHT x 0 PHT = $0
8. PARK IMPACT FEE: Subtotal:
Subdivision: Single Family $6,327 /DU x 0 DU = $0
Multi Family $6,096 /DU x 0 DU = $0
Senior/Downtown $4,175 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
No Subdivision Single Family $4,600 /DU x 0 DU = $0
Multi Family $4,437 /DU x 0 DU = $0
Senior/Downtown $3,036 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
PARK CREDITS $0 / x 0 / = $0
$0
$118,175
$0
$32,804
651-37648 $0
641-37648
309-37648
301-37648
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Titan 2
8a. PARK MAINTENANCE DEV. FEE: Subtotal:
$0 / x 0 EAC = $0
9. PUBLIC FACILITIES IMPACT FEE: Subtotal:
Single Family $602 /DU x 0 DU = $0
Multi Family $580 /DU x 0 DU = $0
Senior/Downtown $398 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $1,327 /ACRE x 0 AC = $0
Industrial $1,857 /ACRE x 0 AC = $0
Office $1,577 /ACRE x 0 AC = $0
Auto Dealership $532 /ACRE x 0 AC = $0
Hotel $15 /ROOM x 0 RM = $0
PUBLIC FACILITIES CREDITS $0 / x 0 / = $0
10. LIBRARY IMPACT FEE: Subtotal:
Single Family $2,324 /DU x 0 DU = $0
Multi Family $2,238 /DU x 0 DU = $0
Senior/Downtown/SDU $1,532 /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 $4,309 /DU x 0 DU = $0
Multi Family $3,781 /DU x 0 DU = $0
Senior/Downtown $2,853 /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 $2,115 /DU x 0 DU = $0
>1,200 SF Multi Family $1,870 /DU x 0 DU = $0
< 1,200 SF Multi Family $1,400 /DU x 0 DU = $0
>1,200 SF Senior/Downtown $1,870 /DU x 0 DU = $0
< 1,200 SF Senior/Downtown $1,400 /DU x 0 DU = $0
Secondary DU TBD /DU x 0 DU = $0
Commercial $11,818 /ACRE x 0 AC = $0
Industrial $14,184 /ACRE x 0 AC = $0
Office $14,168 /ACRE x 0 AC = $0
Auto Dealership $5,668 /ACRE x 0 AC = $0
Hotel $65 /ROOM x 0 RM = $0
POLICE CREDITS $0 / x 0 / = $0
13. ENGINEERING & INSPECTION FEE: Subtotal:
ENGR ESTIMATE: $0 13.3% $1 to $100,000 = $0
ENGR EST. DATE: 11.8% $100,001 to $200,000 = $0
10.3% $200,001 to $500,000 = $0
8.8% OVER $500,000 = $0
DEPOSIT PAID = $0
14. LONG RANGE PLANNING FEE: Subtotal:
LONG RANGE PLANNING FEE (15% of E&I) = $0
15. GIS FEE: Subtotal:
GIS/TECHNOLOGY FEE (5% of E&I) = $0
16. MAP CHECK FEE: Subtotal:
PARCEL MAP: = $0
TRACT MAP: = $0
$0
$0
$0
$0
$0
$0
$0
$0
$0
360-37648
348-37648
347-37648
302-37649
$9,248
315-37648
207-37912
206-37913
$5,752
206-38716
206-38734
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Titan 3
17. OTHER FEES: Subtotal:
Certificate of Compliance $ 3,760 206-38430 = $0
Lot Line Adjustment/Merger $ 3,151 206-38712 = $0
Engineering Services $ 203 /hr 206-38719 $0
Public Easement Review $ 2,541 206-38737 = $0
Street Vacation Review $ 203 /hr 206-38737 = $0
Easement Abandonment $ 4,471 206-38737 = $0
Plan Revision Review $ 509 /hr 206-38737 $0
Reimbursement Agreement $ 2,202 206-38741 = $0
FEMA Compliance - Base Fee $ 406 206-38725 = $0
FEMA Comp. w/ CLMOR/LOMR $ 2,236 206-38725 = $0
FEMA Comp. w/ Pub. Outreach $ 814 206-38725 = $0
Storm Water Runoff Mangnt Plan Review $ 2,846 206-38734 = $0 SWPPP Document Review 1st $ 1,219 232-37687 = $0
SWPPP Document Review 2nd $ 756 232-37687 = $0
SWPPP Offsite Inspection - 6 month $ 6,097 232-37688 = $0 SWPPP Offsite Inspection - 12 month $ 12,195 232-37688 = $0 SWPPP Offsite Inspection - 24 month $ 24,390 232-37688 = $0 Post Construction BMP Initial/Base Setup $ 595.73 206-38734 = $0 Post Construction Each Additional BMP $ 119.15 /BMP 206-38734 = $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:
Notes & Comments: Titans Sports Academy - Traffic and Sanitary Sewer Calculations 17108 sq. ft. = Total Area
3422 sq. ft. = Office area allowance not charged impact fee (20% of total area) 5258 sq. ft. = Total Office Area (office, breakroom, storage, restroom, lobby, hallway, and misc) 1836 sq. ft. = New Office Area (Total Office Area - Office Area Allowance = New Office Area) to be charged impact fees 11850 sq. ft. = Gym Area (Total Area - Total Office Area = Gym Area) to be charge Impact fees Traffic Impact Fee
1.49 pht/1000 sf = Office peak hour trips per 1000 sqaure feet per Memo E20
2.74 PHT = Office Peak Hour Trips x New Office Area
3.45 pht/1000 sf = Gym peak hour trips per 1000 sqaure feet per ITE 492 - Fitness Club
40.88 PHT = Gym Peak Hour Trips x Gym Area
11.46 PHT = Prior Credit for Manufacturing per ITE 140
32.16 PHT = Total Peak Hour Trips
Sanitary Sewer Impact Fee
0.093 gpd/sf = Office sanitary coefficient, gallons per day per square feet 171 gpd = Office gallons per day x New Office Area
0.137 gpd/sf = Gym sanitary coefficient, gallons per day per square feet 1623 gpd = Gym gallons per day x Gym Area
1026 gpd = Prior Credit for Industrial use per Memo E20 597 gpd = Total Gallons Per Day
$0
$150,978
N:\PROJECTS\BLDGPRMT\2021\BCOM2021-0052 195 Mast TI st 100-120\BCOM2021-0052 195 Mast Avenue TI - Impact Fees Titan 4
Loan Amortization Schedule
Loan amount $180,487.00 Scheduled payment $ 3,244.72
Annual interest rate 3.02 % Scheduled number of payments 60 Loan period in years 5 Actual number of payments 60
Number of payments per year 12 Total early payments $ - Start date of loan 6/1/2023 Total interest $ 14,196.17
Optional extra payments $ -
Lender name:
Pmt.
No. Payment Date Beginning Balance Scheduled Payment Extra Payment Total Payment Principal Interest Ending Balance Cumulative Interest 1 7/1/2023 $ 180,487.00 $ 3,244.72 $ - $ 3,244.72 $ 2,790.49 $ 454.23 $ 177,696.51 $ 454.23 2 8/1/2023 $ 177,696.51 $ 3,244.72 $ - $ 3,244.72 $ 2,797.52 $ 447.20 $ 174,898.99 $ 901.43 3 9/1/2023 $ 174,898.99 $ 3,244.72 $ - $ 3,244.72 $ 2,804.56 $ 440.16 $ 172,094.43 $ 1,341.59 4 10/1/2023 $ 172,094.43 $ 3,244.72 $ - $ 3,244.72 $ 2,811.62 $ 433.10 $ 169,282.82 $ 1,774.70 5 11/1/2023 $ 169,282.82 $ 3,244.72 $ - $ 3,244.72 $ 2,818.69 $ 426.03 $ 166,464.13 $ 2,200.72 6 12/1/2023 $ 166,464.13 $ 3,244.72 $ - $ 3,244.72 $ 2,825.78 $ 418.93 $ 163,638.34 $ 2,619.66 7 1/1/2024 $ 163,638.34 $ 3,244.72 $ - $ 3,244.72 $ 2,832.90 $ 411.82 $ 160,805.45 $ 3,031.48 8 2/1/2024 $ 160,805.45 $ 3,244.72 $ - $ 3,244.72 $ 2,840.03 $ 404.69 $ 157,965.42 $ 3,436.18 9 3/1/2024 $ 157,965.42 $ 3,244.72 $ - $ 3,244.72 $ 2,847.17 $ 397.55 $ 155,118.25 $ 3,833.72 10 4/1/2024 $ 155,118.25 $ 3,244.72 $ - $ 3,244.72 $ 2,854.34 $ 390.38 $ 152,263.91 $ 4,224.10 11 5/1/2024 $ 152,263.91 $ 3,244.72 $ - $ 3,244.72 $ 2,861.52 $ 383.20 $ 149,402.39 $ 4,607.30 12 6/1/2024 $ 149,402.39 $ 3,244.72 $ - $ 3,244.72 $ 2,868.72 $ 376.00 $ 146,533.66 $ 4,983.30 13 7/1/2024 $ 146,533.66 $ 3,244.72 $ - $ 3,244.72 $ 2,875.94 $ 368.78 $ 143,657.72 $ 5,352.07 14 8/1/2024 $ 143,657.72 $ 3,244.72 $ - $ 3,244.72 $ 2,883.18 $ 361.54 $ 140,774.54 $ 5,713.61 15 9/1/2024 $ 140,774.54 $ 3,244.72 $ - $ 3,244.72 $ 2,890.44 $ 354.28 $ 137,884.10 $ 6,067.89 16 10/1/2024 $ 137,884.10 $ 3,244.72 $ - $ 3,244.72 $ 2,897.71 $ 347.01 $ 134,986.39 $ 6,414.90 17 11/1/2024 $ 134,986.39 $ 3,244.72 $ - $ 3,244.72 $ 2,905.00 $ 339.72 $ 132,081.39 $ 6,754.62 18 12/1/2024 $ 132,081.39 $ 3,244.72 $ - $ 3,244.72 $ 2,912.31 $ 332.40 $ 129,169.07 $ 7,087.02 19 1/1/2025 $ 129,169.07 $ 3,244.72 $ - $ 3,244.72 $ 2,919.64 $ 325.08 $ 126,249.43 $ 7,412.10 20 2/1/2025 $ 126,249.43 $ 3,244.72 $ - $ 3,244.72 $ 2,926.99 $ 317.73 $ 123,322.44 $ 7,729.83 21 3/1/2025 $ 123,322.44 $ 3,244.72 $ - $ 3,244.72 $ 2,934.36 $ 310.36 $ 120,388.08 $ 8,040.19 22 4/1/2025 $ 120,388.08 $ 3,244.72 $ - $ 3,244.72 $ 2,941.74 $ 302.98 $ 117,446.34 $ 8,343.16 23 5/1/2025 $ 117,446.34 $ 3,244.72 $ - $ 3,244.72 $ 2,949.15 $ 295.57 $ 114,497.19 $ 8,638.74 24 6/1/2025 $ 114,497.19 $ 3,244.72 $ - $ 3,244.72 $ 2,956.57 $ 288.15 $ 111,540.62 $ 8,926.89 25 7/1/2025 $ 111,540.62 $ 3,244.72 $ - $ 3,244.72 $ 2,964.01 $ 280.71 $ 108,576.61 $ 9,207.60 26 8/1/2025 $ 108,576.61 $ 3,244.72 $ - $ 3,244.72 $ 2,971.47 $ 273.25 $ 105,605.14 $ 9,480.85 27 9/1/2025 $ 105,605.14 $ 3,244.72 $ - $ 3,244.72 $ 2,978.95 $ 265.77 $ 102,626.20 $ 9,746.62 28 10/1/2025 $ 102,626.20 $ 3,244.72 $ - $ 3,244.72 $ 2,986.44 $ 258.28 $ 99,639.75 $ 10,004.90 29 11/1/2025 $ 99,639.75 $ 3,244.72 $ - $ 3,244.72 $ 2,993.96 $ 250.76 $ 96,645.80 $ 10,255.66 30 12/1/2025 $ 96,645.80 $ 3,244.72 $ - $ 3,244.72 $ 3,001.49 $ 243.23 $ 93,644.30 $ 10,498.88 31 1/1/2026 $ 93,644.30 $ 3,244.72 $ - $ 3,244.72 $ 3,009.05 $ 235.67 $ 90,635.25 $ 10,734.56 32 2/1/2026 $ 90,635.25 $ 3,244.72 $ - $ 3,244.72 $ 3,016.62 $ 228.10 $ 87,618.63 $ 10,962.65 33 3/1/2026 $ 87,618.63 $ 3,244.72 $ - $ 3,244.72 $ 3,024.21 $ 220.51 $ 84,594.42 $ 11,183.16 LAIF Source plus 1/2% , https://www.treasurer.ca.gov/pmia-laif/historical/daily.pdf Enter values Loan summary
Pmt.
No. Payment Date Beginning Balance Scheduled Payment Extra Payment Total Payment Principal Interest Ending Balance Cumulative Interest 34 4/1/2026 $ 84,594.42 $ 3,244.72 $ - $ 3,244.72 $ 3,031.82 $ 212.90 $ 81,562.60 $ 11,396.06 35 5/1/2026 $ 81,562.60 $ 3,244.72 $ - $ 3,244.72 $ 3,039.45 $ 205.27 $ 78,523.14 $ 11,601.32 36 6/1/2026 $ 78,523.14 $ 3,244.72 $ - $ 3,244.72 $ 3,047.10 $ 197.62 $ 75,476.04 $ 11,798.94 37 7/1/2026 $ 75,476.04 $ 3,244.72 $ - $ 3,244.72 $ 3,054.77 $ 189.95 $ 72,421.27 $ 11,988.89 38 8/1/2026 $ 72,421.27 $ 3,244.72 $ - $ 3,244.72 $ 3,062.46 $ 182.26 $ 69,358.81 $ 12,171.15 39 9/1/2026 $ 69,358.81 $ 3,244.72 $ - $ 3,244.72 $ 3,070.17 $ 174.55 $ 66,288.64 $ 12,345.70 40 10/1/2026 $ 66,288.64 $ 3,244.72 $ - $ 3,244.72 $ 3,077.89 $ 166.83 $ 63,210.75 $ 12,512.53 41 11/1/2026 $ 63,210.75 $ 3,244.72 $ - $ 3,244.72 $ 3,085.64 $ 159.08 $ 60,125.11 $ 12,671.61 42 12/1/2026 $ 60,125.11 $ 3,244.72 $ - $ 3,244.72 $ 3,093.40 $ 151.31 $ 57,031.71 $ 12,822.92 43 1/1/2027 $ 57,031.71 $ 3,244.72 $ - $ 3,244.72 $ 3,101.19 $ 143.53 $ 53,930.52 $ 12,966.45 44 2/1/2027 $ 53,930.52 $ 3,244.72 $ - $ 3,244.72 $ 3,108.99 $ 135.73 $ 50,821.52 $ 13,102.18 45 3/1/2027 $ 50,821.52 $ 3,244.72 $ - $ 3,244.72 $ 3,116.82 $ 127.90 $ 47,704.70 $ 13,230.08 46 4/1/2027 $ 47,704.70 $ 3,244.72 $ - $ 3,244.72 $ 3,124.66 $ 120.06 $ 44,580.04 $ 13,350.14 47 5/1/2027 $ 44,580.04 $ 3,244.72 $ - $ 3,244.72 $ 3,132.53 $ 112.19 $ 41,447.52 $ 13,462.33 48 6/1/2027 $ 41,447.52 $ 3,244.72 $ - $ 3,244.72 $ 3,140.41 $ 104.31 $ 38,307.11 $ 13,566.64 49 7/1/2027 $ 38,307.11 $ 3,244.72 $ - $ 3,244.72 $ 3,148.31 $ 96.41 $ 35,158.79 $ 13,663.04 50 8/1/2027 $ 35,158.79 $ 3,244.72 $ - $ 3,244.72 $ 3,156.24 $ 88.48 $ 32,002.56 $ 13,751.53 51 9/1/2027 $ 32,002.56 $ 3,244.72 $ - $ 3,244.72 $ 3,164.18 $ 80.54 $ 28,838.38 $ 13,832.07 52 10/1/2027 $ 28,838.38 $ 3,244.72 $ - $ 3,244.72 $ 3,172.14 $ 72.58 $ 25,666.23 $ 13,904.64 53 11/1/2027 $ 25,666.23 $ 3,244.72 $ - $ 3,244.72 $ 3,180.13 $ 64.59 $ 22,486.11 $ 13,969.24 54 12/1/2027 $ 22,486.11 $ 3,244.72 $ - $ 3,244.72 $ 3,188.13 $ 56.59 $ 19,297.98 $ 14,025.83 55 1/1/2028 $ 19,297.98 $ 3,244.72 $ - $ 3,244.72 $ 3,196.15 $ 48.57 $ 16,101.82 $ 14,074.39 56 2/1/2028 $ 16,101.82 $ 3,244.72 $ - $ 3,244.72 $ 3,204.20 $ 40.52 $ 12,897.63 $ 14,114.92 57 3/1/2028 $ 12,897.63 $ 3,244.72 $ - $ 3,244.72 $ 3,212.26 $ 32.46 $ 9,685.37 $ 14,147.38 58 4/1/2028 $ 9,685.37 $ 3,244.72 $ - $ 3,244.72 $ 3,220.34 $ 24.37 $ 6,465.02 $ 14,171.75 59 5/1/2028 $ 6,465.02 $ 3,244.72 $ - $ 3,244.72 $ 3,228.45 $ 16.27 $ 3,236.57 $ 14,188.02 60 6/1/2028 $ 3,236.57 $ 3,244.72 $ - $ 3,236.57 $ 3,228.43 $ 8.15 $ - $ 14,196.17
14 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Christina Turner, City Manager
APPROVED BY: City Manager
APPROVE UPDATES TO THE SUSTAINABLE MORGAN HILL
DOCUMENT AND COUNCIL POLICY REGARDING RULES FOR
CONDUCT OF CITY COUNCIL MEETINGS, PLACEMENT OF ITEMS ON
THE AGENDA, AND MATTERS TO BE RECONSIDERED
RECOMMENDATION(S)
1. Adopt updates to the Sustainable Morgan Hill document; and
2. Adopt updates to City Council Policy (CP 97-01) - Rules for the Conduct of City Council Meetings, Placement of Items on the Agenda, and Matters to be Reconsidered.
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
REPORT NARRATIVE:
On January 27 and March 3, 2023, the City Council held its annual Goal Setting Workshop where they reviewed and discussed Council Policies, Procedures, and Protocols, and received briefings on each of the 2022-2023 Strategic Priorities.
14 The City Council reaffirmed the current vision, ongoing priorities, and the strategic priorities with a few amendments. The Council amended existing strategic priorities to include "Quality of Life" and "Advocating for Local, Regional, and State Legislative Initiatives." Edits were also made to the definitions of strategic priorities to better align with the current staff workplan. See Attachment 1 for the updated Sustainable Morgan Hill document.
During the workshop, Council also reviewed and discussed Council Policy #97-01 - Rules for the Conduct of City Council Meetings, Placement of Items on the Agenda, and Matters to be Reconsidered. The recommended changes to the policy are included (Attachment 2) based on City Council's direction. The changes include: process of extending meetings, process to add Future Council Initiated Items to an agenda, clarification on the procedure of submitting public comments, and revisions to the time frames for Council questions and discussion.
COMMUNITY ENGAGEMENT:
Involve - the City Council Goal Setting Workshops were open to the public and recorded for later viewing on the City's website.
ALTERNATIVE ACTIONS:
City Council could decide to make additional or no changes to Sustainable Morgan Hill and/or City Council Policy #97-01.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City Council reviews its goals and priorities at the beginning and middle of each year.
FISCAL AND RESOURCE IMPACT:
Updating Sustainable Morgan Hill and City Council Policy #97-01 does not have an immediate fiscal or resource 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.
G Vision C., Choose Morgan Hill
To sustain a safe, inclusive, socially
responsible, environmentally conscious,
and economically sound community.
The City of Morgan Hill is the best
community for people to live, work,
visit, and operate their businesses.
9 City Council Ongoing Priorities
• Enhancing Public Safety and Quality of Life
• Protecting the Environment and Preserving
Open Space and Agricultural Land
• Maintaining and Enhancing Infrastructure
• Supporting our Youth, Seniors, and
Entire Community
0 2022-2023 Strategic Priorities
0 • Fiscal Sustainability
• Affordable Housing and Homelessness
• Fostering a Positive Organizational Culture
• Preserving and Cultivating Public Trust
• Preserving our Community History
• Enhancing Diversity and Inclusiveness
• Advocating for Local, Regional, and State
Legislative Initiatives
• Economic Development
• Transportation
• Community Outreach, Engagement, and Messaging
These strategic priorities were established prior to the COVID-19 pandemic. In light of recent events, we recognize that all of these goals and priorities will be viewed through the lens of recovering from the global pandemic, and we will continue to have equity, public health, and financial responsibility in mind.
CITY OF MORGAN HILL
SUSTAINABLE MORGAN HILL Page 1 of 3 morganhill.ca.gov
2022-2023 STRATEGIC PRIORITIES
Fiscal Sustainability
The City will continue to be financial stewards of its resources and assets to ensure longterm fiscal sustainability. Through the budget development process, the City, within the fiscal sustainability path, will prudently carry out the City Council’s priorities, while maintaining adequate fund balance reserves. The City will continue to explore new or expand existing revenue sources to ensure fiscal sustainability.
Affordable Housing and Homelessness
Morgan Hill will continue to improve, preserve, and develop new safe, quality, rental, and ownership housing for residents at all income levels. To the extent possible, the City will respond to and reconcile new housing initiatives and legislative mandates. The City is guided by the vision of its General Plan, a long-term plan for the physical development of the community. The vision includes the preservation of agriculture, incentives to foster infill development, and new housing for families of various sizes, ages, and incomes. Like many other cities in the Bay Area, Morgan Hill is experiencing transformative growth and working to meet the housing needs of its current and future residents. The City’s Housing Program project is grounded on five key pillars:
• Production of New Affordable Housing Units: Morgan Hill will continue to improve, preserve, and develop new safe, quality, rental and ownership housing for residents at all income levels. City will seek partnerships that create new housing opportunities directly aligned with the City’s “fair share” Regional Housing Needs Allocation (RHNA).
• Preservation of Existing Affordable Housing Inventory: The City has a robust inventory of Below Market Rate housing units. Through the City’s thoughtful planning, affordable housing has been integrated throughout the community and balanced throughout new developments. The City’s Inclusionary Housing Ordinance further ensures future production of incomerestricted units. The City will coordinate the lease up process of upcoming affordable developments to ensure residents are aware of and accessing upcoming housing opportunities.
• Promotion of Housing Program: The City manages an inventory of Below Market Rate deed-restricted units and collaborates with the County of Santa Clara and local non-profits to connect residents to resources. Staff will focus on communications, engagement, and education of services with particular attention to the Spanish-speaking residents.
• Prevention of Homelessness: Implement the Countywide Community Plan to End Homelessness by continuing to identify barriers and housing problem solve at the local level, and advance efforts to increase coordination in South County among its service providers. The City will continue to employ a balanced approach, offering resources and referrals to services, partnering with the faith-based community and non-profits to create appropriate local service points, while also utilizing available resources to reduce encampments.
SUSTAINABLE MORGAN HILL Page 2 of 3 morganhill.ca.gov
• Protection of Quality of Life for New and Existing Neighborhoods: The City will continue to seek quality development and balance the needs of existing and new neighborhoods.
Community Outreach, Engagement, and Messaging
The City’s Communications, Outreach, and Engagement Plan defines the messages, priorities, strategies, and tools the City will use when communicating with the community.
Through the Plan, the City will tell the Morgan Hill story and work to build trust with the community and ensure that we provide effective engagement. Through effective application of communication strategies, the Plan will ensure that all City Council Members, Commissioners, and teammates have the tools to provide accurate, timely, and relevant information to the community. The Plan aligns communication resources with the goals to set clear communications expectations for the community, ensuring that the City can continue providing excellent services that reflect the strength of the City’s outreach initiatives while supporting the implementation of the City Council’s strategic priorities.
• Encourage community engagement through audience-appropriate two-way communication, and ensure opportunities for constructive feedback • Share accurate, non-biased information promptly through a variety of communication channels
• Work directly with the Council, staff, and community partners to ensure communication and outreach efforts, objectives, and outcomes align with the strategic priorities and promote community understanding • Keep City teammates informed and involved in public dialogue to aid in telling the Morgan Hill story
Economic Development
The City’s Economic Development efforts focus on implementing the Economic Blueprint strategies and actions to help build long-term fiscal sustainability and improve quality of life for residents. This will be achieved by attracting jobs and commercial investment which generate revenues to support essential City services and improve critical City infrastructure. The Economic Blueprint is focused on advancing economic prosperity and vitality by attracting investment, development, and jobs in four key industries:
• Healthcare: Grow and foster medical and diagnostic services by advancing and supporting the entitlement process for medical facilities. Promote and market Morgan Hill as a desired location for medical and diagnostic providers. • Innovation and Advanced Manufacturing: Grow existing companies, attract new industry, and grow high-quality jobs. Support and advance the entitlement and permit process of new developments. Promote and market Morgan Hill as a premier location for commercial and industrial investment. • Retail: Grow retail offerings and strengthen commercial nodes. Develop a retail incubator program and a retail concentration strategy. Utilize incentives and available tools to attract new investments that increase both jobs and revenue to the community.
SUSTAINABLE MORGAN HILL Page 3 of 3 morganhill.ca.gov
• Tourism: Grow leisure, agriculture, wine country and recreational tourism.
Continue to nurture Downtown’s transformation as a community gathering place.
Implement Property Based Improvement District and manage parking supply.
Support additional lodging investments and partner with Visit Morgan Hill to implement activations that support tourism and vibrancy.
Transportation
The City has clearly identified traffic and transportation issues facing Morgan Hill as regional in nature. Morgan Hill will continue to partner with the City of Gilroy to advocate for improvements and funding for the South Santa Clara County Transportation Corridor.
The City will actively advocate on regional transportation planning issues. Locally, the City will prioritize funding for Vision Zero safety strategies over congestion management.
The City will take actions to implement its goal to create a culture that prioritizes safety, creates livable streets, and seeks to eliminate traffic fatalities. Safety of pedestrians, bicyclists, drivers, and passengers is paramount.
• Complete construction of Hale Avenue Extension
• Advocacy will include:
o Working with the Valley Transportation Authority (VTA), Caltrain, the County, the HSRA and the State to enhance service, secure funding for transportation projects and road maintenance, and protect the community from negative impacts of regional projects
o Expansion of Highway 101 between Morgan Hill and Gilroy to reduce pass-through traffic and improve commute traffic for South County residents
o Electrification of commuter rail from San Francisco to Gilroy o Funding for priority projects in the South County
• Advocate for grade separations and the design of a Downtown station and emergency response design solutions as it relates to the High-Speed Rail Authority’s (HSRA) project
• Advocate for the ongoing provision of funding of innovative local transit services that matches the needs of the Morgan Hill Community and supports paratransit needs.
CITY OF MORGAN HILL
CITY COUNCIL POLICIES AND PROCEDURES
CP-97-01
SUBJECT: RULES FOR THE CONDUCT OF CITY COUNCIL
MEETINGS, PLACEMENT OF ITEMS ON THE AGENDA,
AND MATTERS TO BE RECONSIDERED
EFFECTIVE DATE: May 7, 1997
REVISED DATE(S): July 25, 2018, February 5, 2020, February 17, 2021March 15, 2023
ORIGINATING DEPARTMENT: CITY MANAGER
SECTION 1 - SCOPE
1.1 These rules shall establish the procedures for the conduct of all meetings of the City Council of the City of Morgan Hill. The purpose of these rules is to provide procedures consistent with the Ralph M. Brown Act, establish procedures which will be convenient for the public, be fair to all members of the City Council, and contribute to the orderly conduct of City business.
SECTION 2 - MEETINGS
2.1 Open to Public: All meetings of the City Council, whether regular or special, shall be open to the public, unless a closed session is scheduled as authorized by law.
2.2 Regular Meetings: The City Council shall conduct its regular meetings at the time and place established by ordinance, if specified in the ordinance or resolution.
2.3 Review Status of Agenda at 109:00 p.m.: The City Council may review the agenda at 109:00 p.m. to determine if it will be able to conclude its business by 110:00 p.m. If, at 110:00 p.m., the City Council has not concluded its business, before continuing the meeting it shall review and discuss the status of the remaining agenda items and determine by majority vote whether to continue any remaining items to a future regular or special meeting, adjourn the meeting to another date and time, or extend the meeting beyond 110:00 p.m. as needed. The meeting may be extended beyond 10:00 p.m. one time.
Additional extensions of time will be at the Mayor’s discretion.
2.4 Special Meetings/Workshops: A special meeting and/or workshop may be called at any time by the Mayor or Presiding Officer of the City Council or by three members of the City Council. Written notice of any such meeting must specify the purpose of the meeting.
Notice of the meeting must be made in accordance with the law.
2.5 Closed Sessions: The City Council may hold closed sessions during a regular or special meeting, or at any time authorized by law, to consider or hear any matter which is authorized by law. At times, Closed Sessions may have to be held in an order different than presented due to the timeliness of the matter, to save the City money when an outside attorney has been retained or due to the need for extra time to discuss and deliberate an
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
important closed session item. Closed session items may be continued to the conclusion of the agenda.
2.6 Quorum: Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three Council members appear at a regular meeting, the Mayor, Mayor Pro Tempore in the absence of the Mayor, any member of the City Council, or in the absence of all Council members, the City Clerk or Deputy City Clerk shall adjourn the meeting to a stated day and hour.
2.7 Adjourned Meetings: The City Council may adjourn any regular, adjourned regular,special, or adjourned special meeting to a time and place specified in the order of adjournment and permitted by law.
SECTION 3 - POSTING NOTICE AND AGENDA
3.1 Posting of Notice and Agenda: For every regular or special meeting, the City Clerk or other authorized person, shall post a notice of the meeting specifying the time and place at which the meeting will be held and an agenda containing a brief description of all items of businessto be discussed at the meeting. The notice and agenda may be combined in a single document.
a. Posting for Regular Meetings: For any regular meeting of the City Council, the notice and agenda shall be posted no later than seventy-two (72) hours prior to the time set for the meeting consistent with all Brown Act requirements. b. Posting for Special Meetings: For any special meetings of the City Council, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set for the meeting consistent with all Brown Act requirements.
3.2 Location of Posting: The notice and agenda shall be posted on the City’s website and in a place to which the public has unrestricted access during at least normal business hours and where the notice and agenda are not likely to be removed or obscured by other posted materials.
3.3 Availability of the Agenda to the Public: The agenda for any regular or special meeting shall be made available to the public as soon as is practical after delivery to the members of the City Council.
SECTION 4 - AGENDA CONTENTS
4.1 Description of Matters: All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description of the item and the proposed action to be considered should be set forth as clearly as practical so that members of the public will know the nature of the action under review and consideration.
4.2 Placement of items on the agenda: The Mayor, City Manager, or City Attorney may place items on the agenda. Members of the City Council may request items to be added to an upcoming City Council agenda by requesting an item during the "Future Council Initiated Agenda Items" Section of the agenda. A City Council verbal report will then be placed on an upcoming agenda for Council discussion and consideration. When a Future Council Initiated Agenda Item is requested, the Council Member making the request will send the
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
City Manager a brief summary outlining the request and any relevant background. If the requested item is not included in the current Strategic Priorities Workplan, the team will bring forward the item at a future Council Meeting within 30-45 days of the request via a brief staff report, including the brief summary provided by the requesting Council Member.
At that meeting, the City Council will review the request and determine if the majority of the City Council wants the items agendized at a future meeting for discussion.
4.2 4.3 Limitation to Act on Only Items on the Agenda: No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:
a. Upon a majority determination that an "emergency situation" (as defined by State Law) exists; and
b. Upon a determination by a 4/5 vote of the City Council that there is a need to take immediate action and that the need to take the action came to the attention of City officials subsequent to posting of the agenda.
4.4 Change in Order of Business: The Mayor or Presiding Officer may decide to take matters listed on the agenda out of the prescribed order unless a majority of members present object to this variation.
4.5 City Council Reports: On an alternating basis, at each Regular City Council meeting, with a time limit of three minutes, a Council Member has the opportunity to share with the Council and community any pertinent updates or information in regard to their appointments to outside agencies, upcoming events, or relevant City business. These are non-action items.
4.6 City Manager Report: These are updates on current City activities, reports on issues raised at previous Council meetings, or recognitions. These are non-action items.
4.7 City Attorney Report: These are updates on current City activities, reports on issues raised at previous Council meetings, or reportable actions of the City Council in Closed Sessions and/or current litigation. These are non-action items.
4.8 Other Reports: These are pertinent updates or information on upcoming activities or events relevant to City business with a time limit of one minute. These are non-action items.
4.9 Public Comment for items not on the agenda: This refers to those matters not scheduled on the agenda where a member of the public wants to address a matter of importance to the City Council. Since the matter is not on the agenda, no action by Council can be taken. If a member of Council so desires, the matter can be placed on the agenda of a future Council meeting for review and consideration.
4.10 Consent Calendar: These are items of a routine or generally uncontested nature. Any member of the Council or member of the public may request to have an item pulled from the consent calendar and acted on individually by the Council. Items pulled will be discussed after action is taken on the balance of the consent calendar. The Mayor shall decide if the items are heard before or after moving on to public hearing and other business items.
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
4.11 Public Hearings: These are matters that are duly noticed and published in a newspaper of general circulation and where required by law, written notice is given to the affected residents who have the opportunity to speak in favor or against a matter or ask questions about the matter.
4.12 Other Business: These are other matters of City business which are not appropriately placed on the consent calendar and do not require published notices and require Council action and direction.
4.12 4.13 Future Business: These are items that members of the City Council wish to discuss to potentially take action on or have placed on future agendas.
SECTION 5. ORDER OF BUSINESS
5.1 The order of business at meetings of the City Council shall be as follows:
a. CALL TO ORDER
b. ROLL CALL ATTENDANCE
c. DECLARATION OF POSTING AGENDA
d. WORKSHOP (if needed; 5:00-6:00 p.m., or as deemed appropriate) e. CLOSED SESSION (if needed; 6:00-7:00 p.m., or as deemed appropriate) f. SILENT INVOCATION
g. PLEDGE OF ALLEGIANCE
h. PRESENTATIONS
i. PROCLAMATIONS
j. RECOGNITIONS
k. CITY COUNCIL REPORTS
l. CITY MANAGER’S REPORT
m. CITY ATTORNEY’S REPORT
n. OTHER REPORTS
o. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
p. ADOPTION OF AGENDA
q. CONSENT CALENDAR
r. PUBLIC HEARINGS
s. OTHER BUSINESS
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
t. FUTURE COUNCIL INITIATED AGENDA ITEMS
u. CLOSED SESSION
v. ADJOURNMENT
SECTION 6. PUBLIC COMMENT
6.1 Public Comment: Persons present at meetings of the City Council may comment on individual items on the agenda at the time the items are scheduled to be heard. In addition, comments may be offered on items not on the agenda under that portion of the agenda. In accordance with State law, matters not scheduled on the agenda cannot be acted upon by the City Council, but items raised by the public during public comment may be referred to a future City Council agenda at the request of the Mayor or City Council.
6.2 Limitations: The public comment period may be 3 minutes for items on the agenda or items not listed on the agenda. Speakers are called in the order the speaker cards are submitted.
Project applicants or appellants will be allowed more than the designated 3 minutes in accordance with City Council Policy 03-01. Consistent with this policy, the Mayor or Presiding Officer may recall an applicant or appellant to address questions after the public comment is heard. In addition, applicants will be given time at the end of the public hearing to address any questions or comments.
The Mayor or Presiding Officer may allow speakers who wish to speak under public comment for items not on the agenda to concede a portion of their time, specifically, one speaker may concede a portion of their time to one other speaker. For all other business items, the Mayor or Presiding Officer may allow speakers more time and/or allow speakers to concede a portion of their time to a designated speaker of a group, specifically up to two speakers may concede their time to one speaker, unless a majority of the City Council objects. Speakers that wish to designate a group speaker shall notify the City Clerk before discussion on the item begins. Additionally, any speaker that concedes their time must be present at that City Council meeting. Speaker who would like to share documents or presentations may do so by submitting said document to the City Clerk by noon on the day of the City Council Meeting. Speaker may not share videos or presentations with videos embedded within them.
6.3 Procedure: To address the City Council, each speaker is requested to fill out a Speaker Card and turn it in to the City Clerk before discussion on the agenda item begins. The speaker is requested to provide their name, contact information, and the subject(s) upon which the speaker wishes to address the City Council. Speakers who do not wish to provide their name should provide an alternative designation so that they can be called to speak by the City Clerk.
Public comment may be provided in writing for items on the agenda, as well as for items not on the agenda. Public comment in writing may be submitted via email to [email protected] or by mail to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037. Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) for your comments to be submitted to the members of the City Council with sufficient time to review the comments.
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
You may continue to provide written comments up to noon on Wednesday (the day of the meeting although Council Members may not have sufficient time to review them. Public comments submitted to the City Clerk after noon the day of the meeting will be provided to the City Council as time allows.
6.3 Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City’s website, so do not include any personal information you do not want to be posted on the web.
SECTION 7. PROCEDURES FOR THE CONDUCT OF MEETINGS
7.1 Role of the Mayor/Presiding Officer:
a. The Presiding Officer of the City Council, who shall be the Mayor or in the Mayor's absence shall be the Mayor Pro Tempore, or in their absence any other designated member of the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Council Members and between the Council, staff, and public.
b. Communication with Council Members:
1. Council Members should request the floor from the Presiding Officer before speaking.
2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker.
3. During both questions and discussion, when one Council Member has the floor, they are limited to 5 minutes. After each Council Member that wishes to speak has done so, a Council Member may speak again for up to 5 minutes.During discussion, the Mayor and Council Members as a whole are limited to 15 minutes. The time limit may be extended at the Mayor’s discretion.
4. With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member. The Council Member being questioned may or may not respond while the floor is still held by the Council Member asking the question. The reply shall be limited to the question asked. c. The Mayor or Presiding Officer may declare that an item within the meeting will be conducted in “workshop” format, which means that the procedures described in section 7.1B do not strictly apply. This is to allow for a more open discussion without strict formalities. The Mayor or Presiding Officer may end the workshop format for the item at his/her discretion.
d. Communication with Members of the Public Addressing the Council
1. The Mayor or Presiding Officer shall open the floor for public testimony as appropriate.
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
2. After a witness or subject matter expert has addressed the City Council during public comment, Council members may only ask questions of witnesses or subject matter experts. Such questions should be directed to the person through the Presiding Officer unless the Presiding Officer grants the Council Member permission to directly question the person.
2. 3. Staff members, through the City Manager, shall be a resource to the City Council to answer questions arising during discussions between Council Members and between Council Members and members of the public.
Communications in this regard shall be through the Presiding Officer.
4. Members of the public shall direct their questions and comments through the Presiding Officer.
7.2 Rules of Order: The City Council adopts no specific rules of order except those listed herein. The City Council shall refer to The Standard Code of Parliamentary Procedure by Alice Sturgis (McGraw Hill) as a guide for the conduct of meetings. The Sturgis guideline regarding not requiring seconds for governmental bodies' motions, resolutions or ordinances is not adopted as the rule in the City. The Mayor or Presiding Officer has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting. These latter rules will be followed unless objected to by a majority of the City Council members present.
7.3 Motions: The Mayor or any member of the City Council may bring a matter of business on the agenda before the Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for full debate offering the first opportunity to debate to the moving party and, thereafter, to any Council Member recognized by the Mayor or Presiding Officer. Debate shall be closed upon consent of a majority of the Council.
7.4 Reconsideration: Immediately after a vote on a matter, any member of the City Council may request to have his/her vote changed on a matter before the Council moves on to the next item. Such a request will be granted by the Mayor or Presiding Officer unless a majority of the Council objects.
A matter may be reconsidered by the City Council if a member on the prevailing side of the vote requests reconsideration. Such a motion may be made at a meeting where such action is taken or at a subsequent meeting of the Council, however, nothing in this policy precludes the majority of members of the City Council from requesting reconsideration of any item.
7.5 Debate:
a. The discussions and deliberations at meetings of the City Council are to secure the informed judgement of Council members on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate.
Debate is regulated by these rules in order to assure every member a reasonable and
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
equal opportunity to be heard.
b. Obtaining the Floor for Debate:
As soon as a debatable motion has been stated to the Council by the Mayor or Presiding Officer, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor or Presiding Officer. A member who has been recognized is entitled to be heard so long as he/she observes the rules of debate.
c. Speaking More Than Once:
To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Council member has already spoken and other members wish to speak, the latter members should be recognized in preference to the member who has already spoken.
However, if no other members seek recognition, the Mayor or Presiding Officer may recognize the member who has already spoken.
d. Relevancy of Debate:
All discussion must be relevant to the motion before the City Council. A member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. The Mayor or Presiding Officer should then direct the speaker to limit discussion to the question before the City Council.
A motion-its nature or consequences-may be attacked vigorously. But it is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor or Presiding Officer instantly to stop any member who engages in personal attacks. It is the motion, not its proposer, that is the subject of debate. Meetings must discuss measures and ideas, not people.
Arguments, for or against a measure, should be stated as concisely as possible.
Debate must be fundamentally impersonal. All discussion is addressed to the Mayor or Presiding Officer and must never be directed to any individual. e. Mayor’s Duties During Debate:
The Mayor or Presiding Officer has the responsibility of controlling and expediting debate. A Council member who has been recognized to speak on a question has a right to the undivided attention of the Council.
It is the duty of the Mayor or Presiding Officer to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.
SECTION 8. DECORUM
8.1 Council Members: Members of the City Council value and recognize the importance of the trust invested to them by the public to accomplish the business of the City. Council
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the City Council.
8.2 City Employees: Members of City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Council Members and members of the public.
8.2 8.3 Public: Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council.
8.4 Noise in the Chambers: Noise emanating from the audience within the Council Chambers or lobby area, which disrupts City Council meetings, shall not be permitted.
8.5 Sergeant-at-Arms: The Chief of Police, or his/her designated representative shall be exofficio Sergeant-at-Arms of the City Council.
SECTION 9. VIOLATIONS OF PROCEDURES
9.1 Nothing in these policies and procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.
This policy shall remain in effect until modified by the City Council.
APPROVED:
_______________________________
RICH CONSTANTINEMARK
TURNER, MAYOR
15 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:
Maria Angeles, Senior Civil Engineer
APPROVED BY: City Manager
RECEIVE ANNUAL REPORT ON 2022 CITY ENGINEER
ACCEPTANCES OF PUBLIC IMPROVEMENTS COMPLETED BY
PRIVATE DEVELOPMENT PROJECTS
RECOMMENDATION(S)
Accept and file Annual Report on 2022 City Engineer acceptances of public improvements completed by private development projects.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Preserving and Cultivating Public Trust
REPORT NARRATIVE:
On December 2, 2020, the City Council approved the delegation of authority, from the City Council to the City Engineer, to accept the public improvements completed by private development projects. This delegation of authority was done to streamline the project acceptance process and result in savings in staff cost and time.
Also at the December 2020 City Council meeting, City Council directed staff to bring back periodic reports to Council on the project acceptances performed by the City Engineer.
The first annual report on the development projects accepted by the City Engineer was presented to the City Council on February 16, 2022. This is the second annual report to the City Council. The attached report (Attachment 1) shows detailed information about the five (5) development projects accepted by the City Engineer in calendar year 2022.
COMMUNITY ENGAGEMENT:
Inform: This report serves to inform the City Council and community about the project acceptances performed by the City Engineer in calendar year 2022.
ALTERNATIVE ACTIONS:
Not Applicable – acceptance of a report only; no action is required.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
15 December 2, 2020 – City Council formally delegated the authority to accept the public improvements completed by private development projects from the City Council to the City Engineer.
February 16, 2022 – City Council accepted first annual report on City Engineer acceptances of public improvements completed by private development projects in calendar year 2021.
FISCAL AND RESOURCE IMPACT:
The acceptance of this report has no fiscal impact.
CEQA (California Environmental Quality Act):
Not a Project
The acceptance of this report is considered “an organizational or administrative activity of a government that will not result in direct or indirect physical changes in the environment.”
No. Date of Acceptance by City Engineer Date of Project Completion Project Name Project Description Project Location APN Developer Name Date of Subdivision
Improvements
Agreement or
Improvement
Agreement
Date of Council
Approval of
Final Map
Streets Accepted Street Lengths (miles) Other Improvements Accepted Value of the Public Improvements Accepted 1 5/10/2022 2/11/2022 Sanchez Drive - Brewer 2-Lot residential subdivision West side of Old
Monterey Road and
Sanchez Drive
(185 Sanchez Drive)
764-24-075 Mike Brewer 11/10/2020 10/21/2020 No new street miles 0.00 Frontage improvements
along Sanchez Dr (driveway
approach, curb & gutter,
sidewalk, water service and
meter, sanitary sewer
lateral, and street tree)
$ 70,923
2 8/4/2022 7/29/2022 Evergreen Village
Commercial and Retail
Center with 12-parcel
commercial
subdivision
Southeast corner of
Cochrane Road and
Butterfield Boulevard
726-58-001 thru
-012
Evergreen–Butterfield &
Cochrane, LLC 7/2/2019 6/26/2019 No new street miles 0.00 Frontage improvements
along Cochrane Road,
Butterfield Blvd, and Jarvis
Drive (new/replacement of
curb, gutter & sidewalk, new
driveway approaches,
streetlights, street trees,
extension of landscaped
median, new traffic signal,
public water main, water
services and meters, and
sewer laterals)
$ 853,451
3 11/29/2022 7/12/2022 San Sebastian Phase 1 - Tract No. 10176 21-Lot residential subdivision Cochrane Road,
approximately 600 feet
east of San Rafael
Street
728-60-001 thru
-021 Toll CA XX, LP 8/5/2016 7/27/2016 No new street miles 0.00 Frontage improvements
along Cochrane Rd (new
curb, gutter & sidewalk,
driveway approaches,
streetlights, and overhead
utility undergrounding)
$ 588,975
4 11/29/2022 7/12/2022 San Sebastian Phase 1B - Tract No. 10330 33-Lot residential subdivision Cochrane Road,
approximately 1,500
feet east of Saint
Marks Drive
728-60-023 thru
-055 Toll CA XX, LP 9/22/2016 8/24/2016 No new street miles 0.00 Connection of private water
line to public water main
along St. Katherine Drive
$ 220,000
Rome Avenue 0.05
Valencia Avenue 0.10
LIST OF DEVELOPMENT PROJECTS WITH PUBLIC IMPROVEMENTS ACCEPTED BY THE CITY ENGINEER CALENDAR YEAR 2022
5 12/13/2022 11/18/2022 Diamond Creek Phase 2 - Tract No. 10216 21-Lot residential subdivision West side of Monterey Road, south of Vineyard Boulevard 767-54-014 thru -034 Diamond Creek Villa, LLC 6/14/2014 6/4/2014 Frontage improvements
along Rome Avenue and
Valencia Avenue (new curb,
gutter & sidewalk, driveway
approaches, streetlights,
and overhead utility
undergrounding)
$ 525,690
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