Agenda packet — Morgan Hill City Council, March 15, 2023 (part 1 of 3)

Regular Meeting Agenda
City Council
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, March 15, 2023 7:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or by teleconference/video conference. Information on how the public may observe and participate in the meeting is located below.

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

Those members of the community that would like to participate in the meetings remotely may do so by joining virtually at: https://bit.ly/MHCityCouncilMeetingor by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#. Public comment may be provided in the following ways:
• Provide public comment in-person
• Join the City Council meeting virtually via the link above. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF

ZOOM TO BE UNMUTED)
• Join virtually by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
• 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

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March 15, 2023
2 time to review the comments. 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 before the meeting. Public comments submitted to the City Clerk after noon the day of the meeting will be provided to the City Council as time allows.

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.

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PRESENTATIONS
YAC Presentation - Asset #17 - Creative Activities

PROCLAMATIONS
Youth Arts Month
Solidarity with Ukraine
Cesar Chavez Day
Women's History Month

CITY COUNCIL REPORTS
Council Member Marilyn Librers

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March 15, 2023
3 CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

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

ADOPTION OF AGENDA

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

Time Estimate for Consent Calendar: 1 - 10 Minutes

1. ACCEPT THE 2022 GENERAL PLAN AND HOUSING ELEMENT ANNUAL

PROGRESS REPORT (APR)
Recommendation:

Accept the 2022 General Plan and Housing Element Annual Progress Report (APR) and direct staff to file the report with the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).

2. ACCEPT $595,748 IN GRANT FUNDS FROM SILICON VALLEY CLEAN ENERGY

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4 Recommendation:

Authorize City Manager to execute and administer grant funding agreements with Silicon Valley Clean Energy.

3. ACCEPTANCE OF EAST DUNNE REHABILITATION PROJECT IN THE AMOUNT OF $2,090,840
Recommendation:

1. Accept as complete the East Dunne Rehabilitation Project;

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

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

4. ACCEPT 2022 PAVEMENT REHABILITATION PROJECT IN THE AMOUNT OF $4,001,888
Recommendation:

1. Accept as complete the 2022 Pavement Rehabilitation Project;

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

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

5. ACCEPT DONATION FROM COMMUNITY LAW ENFORCEMENT

FOUNDATION
Recommendation:

1. Accept the Community Law Enforcement donation of:
a. Canine Challenge Coins,
b. cash donation in the amount of $8,727 for equipment, and c. cash donation in the amount of $29,868 to reimburse the City of Morgan Hill for expenses related to the December 10, 2022, Gun Buyback Event.

2. Adopt a resolution to amend the City’s Fiscal Year 2022-23 General Fund budget, accepting a donation of $38,595 and appropriating $38,595.

6. ACCEPT 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND

ADOPT RELATED RESOLUTIONS
Recommendation:

Adopt resolution:

1. Authorizing the City Manager to execute and administer the Memorandum of Understanding with the County of Santa Clara for the 2022 Emergency Management Performance Grant; and

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5 2. Amending the City’s Fiscal Year 2022-23 adopted budget to recognize revenue and appropriate related expenditures, in the amount of $15,200 from the General Fund.

7. 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:

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.

8. 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:

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.

9. ADOPT RESOLUTION OPPOSING BALLOT INITIATIVE #21-0042A1,

SPONSORED BY CALIFORNIA BUSINESS ROUNDTABLE, LOBBYING ARM

OF THE LARGE CORPORATIONS IN CALIFORNIA
Recommendation:

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.

10. APPROVE PURCHASE OF MAINTENANCE DIVISION DUMP TRUCK Recommendation:

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.

11. APPROVE UPDATED EMERGENCY OPERATIONS PLAN

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6 Recommendation:

Approve the distribution and use of the updated City of Morgan Hill’s Emergency Operations Plan.

12. APPROVE THE FEBRUARY 15, 2023 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the February 15, 2023 City Council Meeting Minutes

13. 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:

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.

14. 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:

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.

15. RECEIVE ANNUAL REPORT ON 2022 CITY ENGINEER ACCEPTANCES OF

PUBLIC IMPROVEMENTS COMPLETED BY PRIVATE DEVELOPMENT

PROJECTS
Recommendation:

Accept and file Annual Report on 2022 City Engineer acceptances of public improvements completed by private development projects.

16. RECEIVE MONTHLY BUDGET UPDATE AND JANUARY 2023 FINANCIAL

AND INVESTMENT REPORTS
Recommendation:

Accept and file report.

17. TERMINATE LOCAL EMERGENCY PROCLAMATION

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7 Recommendation:

Proclaim the termination of the local emergency related to the winter storms.

PUBLIC HEARINGS

18. ADOPT UPDATED WATER CAPACITY (IMPACT) FEES
Recommendation:

1. Open/Close Public Hearing; and

2. Adopt resolution approving the 2023 NBS Water Capacity Fee Analysis and updating the Water Capacity (Impact) Fee as proposed in the study.

OTHER BUSINESS

19. APPROVE DESIGN CONSULTANT AGREEMENT WITH VERDE DESIGN

FOR BUTTERFIELD PARK
Recommendation:

1. Authorize the City Manager to execute and administer a design consultant agreement for $296,454 with Verde Design for the design of the Butterfield Park Site; and

2. Adopt a resolution to amend the City’s Fiscal Year 2022-23 adopted budget to appropriate $180,000 from the Park Impact Fund.

20. APPROVE PARTNER AGREEMENT FOR BUTTERFIELD PARK

DEVELOPMENT WITH FOUNDATION FOR A BETTER RIDE IN

COLLABORATION WITH USA BMX
Recommendation:

Authorize the City Manager to execute and administer an operator agreement with Foundation for a Better Ride for the construction, operations, and maintenance of a BMX facility at the Butterfield Park site.

CLOSED SESSION

REAL PROPERTY NEGOTIATIONS
Pursuant to: Government Code Section 54956.8
Property: APN - 81706002
Negotiating Parties: City Manager and Public Services Director Under Negotiation: Price and Terms

OPPORTUNITY FOR PUBLIC COMMENT

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8 ADJOURN TO CLOSED SESSION

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.

ADJOURNMENT

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9 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.

Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.

Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.

Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.

For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.

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10

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1 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:

Adam Paszkowski, Principal Planner
APPROVED BY: City Manager
ACCEPT THE 2022 GENERAL PLAN AND HOUSING ELEMENT

ANNUAL PROGRESS REPORT (APR)

RECOMMENDATION(S)
Accept the 2022 General Plan and Housing Element Annual Progress Report (APR) and direct staff to file the report with the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Affordable Housing and Homelessness
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

California Government Code Section 65400 mandates that all 58 counties and noncharter cities, including the City of Morgan Hill, submit an Annual Progress Report (APR) on the status of the General Plan and progress made regarding its implementation. The APR must be submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1st of each year. APRs must also be presented to the local legislative body for review and acceptance, as a consent or discussion item on a regular agenda.

The APR for 2022, includes implementation highlights of the Morgan Hill 2035 General Plan and lists applications submitted in 2022 for General Plan Land Use Map amendments.

The Housing Element implementation portion of the APR is reported on separate forms adopted by HCD. These completed forms are attached to the APR and provide information regarding the City's progress towards meeting its "fair share" of Regional

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1 Housing Needs Allocation (RHNA) goals and compliance with State Housing Law.

COMMUNITY ENGAGEMENT:

Inform
This report serves to inform the community about the City's progress towards meeting its "fair share" of Regional Housing Needs Allocation (RHNA) goals and compliance with State Housing Law.

ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On January 25, 2022, the Planning Commission held a workshop for the 6th Cycle Housing Element Update regarding an "Introduction to the 2023-2031 Housing Element Update. "The workshop included discussions on what is a Housing Element, new Housing Element laws, Affirmatively Furthering Fair Housing (AFFH), and Housing Needs Assessment, and a brief description of the Regional Housing Need Allocation (RHNA) and the Sites Inventory.

On February 22, 2022, the Planning Commission held a workshop for the 6th Cycle Housing Element Update regarding the "Site Inventory." The workshop included discussions and a deeper explanation into the Regional Housing Need Allocation (RHNA), what is a Sites Inventory, residential projects in the pipeline, and Site Inventory laws.

On March 8, 2022, the Planning Commission held a workshop for the 6th Cycle Housing Element Update regarding the "Evaluation of Past Performance." This workshop highlighted the accomplishments of the current 5th Cycle Housing Element, reviewed previous and present Housing Element Programs, reviewed the survey results from the 'Morgan Hill 6th Cycle Housing Element Questionnaire,' and discussed the review of the 5th Cycle Housing Element Policies and Programs.

On July 26, 2022, the Planning Commission held a public hearing recommending the City Council directs Staff to submit the Draft 2023-2031 Housing Element to HCD for review.

On August 17, 2022, the City Council held a public hearing directing Staff to submit the Draft 2023-2031 Housing Element to HCD for review.

On January 25, 2023, the City Council held a public hearing adopting the 2023-2031 Housing Element and directing Staff to submit the adopted 2023-2031 Housing Element to the California HCD for review.

FISCAL AND RESOURCE IMPACT:

Staff annually submits an APR to the State in compliance with State Housing Law; and therefore, the cost is borne, and work is accommodated, within the respective division's

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1 annual workplan and budget.

CEQA (California Environmental Quality Act):

Not a Project
Pursuant to CEQA Guidelines Section 15378(b)(5), the Morgan Hill 2035 APR is not considered a "project" in that it is considered an administrative activity of government that will not result in direct or indirect physical changes in the environment.

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Annual Progress Report
2022

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PAGE 1

1. Introduction
On July 27, 2016, the Morgan Hill 2035 General Plan was adopted by City Council Resolution No. 16-128. The Morgan Hill 2035 General Plan is a comprehensive update of the City’s 2001 General Plan.

The General Plan incorporates the City’s Housing Element, which was adopted by the City Council on January 25, 2023.

On December 6, 2017 the City Council adopted Resolution No. 17-098 approving General Plan Land Use and Text Amendments (File Nos. GPA2017-0001 and GPA2017-0002) to correct miscellaneous Land Use Map, figure, and text errors.

Government Code Section 65400 mandates that certain cities and all 58 counties submit an annual progress report (APR) on the status of the General Plan and progress on its implementation to the Governor’s Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1 of each year. This document and the attached forms meet this requirement for the City of Morgan Hill.

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PAGE 2

2. Implementation Highlights by General Plan Element

CITY AND NEIGHBORHOOD FORM ELEMENT
Development Services - Planning
• Continued to implemented permit processing for SB330 including utilizing objective criteria established at the end of 2019.
• Created new guidance documents for SB9 application processing. • Continued to provide planning services and functions in a virtual environment. • Continued to create and improve resources for public information regarding development activity in the city.

Goal CNF-1 An improved, effective, efficient, fair, equitable, flexible, and user-friendly planning and decision-making process.
• Amended the Zoning Ordinance implementing miscellaneous code amendments due to clerical errors and inconsistencies.

Goal CNF-2 An improved, orderly, and efficient pattern of urban development.

HOUSING ELEMENT
• See Attached Housing Element Annual Progress Report
Development Services - Housing
• Led 20 Affordable Housing Program communication efforts in both English and Spanish through webinars, townhalls, tabling at resource fairs, and submitting articles. • Assisted in the processing of 554 Affordable Rental Units in the development pipeline at various stages of the development process from the tax credit application process to several of the groundbreakings.
• Processed 174 referrals and connected with 155 households at-risk of or currently experiencing homelessness by providing case management and supportive services through the City’s Unhoused Specialist.
• Implemented coordination of a bi-monthly local service provider meeting with the MHUSD and other community-based organizations, and local medical providers to improve collaboration and coordinate efforts that respond to the various needs of lower income and special needs households.
• Increased collaboration with Saint Vincent DePaul to identify funding for local Housing Problem Solving, housed 20 clients, and connected 30 individuals to shelter.

Supported efforts to fundraise for local housing problem solving ($45,000).

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PAGE 3
• Entered into agreement with the County to be a Homeless Management Information System (HMIS) partner agency, granting limited access to the countywide homeless database.
• Continued an agreement with the County for the countywide Homeless Prevention Rental Assistance Program, 20 households were served, total assistance distributed was $60,031.
• Operated a 10-bed Inclement Cold Weather shelter in partnership with Community Christian Church during inclement cold weather episodes. • Continued to partner with the Morgan Hill Bible Church Safe Car Parking Program that operates year-round for 8 families (30 people max) where they are provided meals, showers, restrooms, washer & dryer, and case management by the South County Compassion Center.
• The Destination Home capacity building grant has supported the Unhoused Specialist since December 2021. The first annual report was completed, and the City received confirmation of the 2nd grant installment in the amount of $150,000 to continue to advance local implementation of the Community Plan to End Homelessness. • Continued to partner with HouseKeys to provide oversight and implementation of the Inclusionary Housing Ordinance and the Below Market Rate (BMR) Program consisting of nearly 600 units.
• Oversaw the renovation of necessary dry rot repairs ($208,000) on Villa Ciolino Apartments, a 42-unit affordable family housing apartment community.

Goal HE-1 Provide a diversified housing stock to meet the full range of future community housing needs; Goal HE-2 Encourage Extremely Low-Income (ELI) housing production, increasing availability of affordable and workforce housing; Goal HE-4 Preserve and rehabilitate existing housing supply; Goal HE-5 Promote housing for people experiencing homelessness; Goal HE-6 Provide adequate housing for groups with special needs; and Goal HE-7 Increase community outreach and promote education of affordable housing.

Development Services - Planning
• Held 30 public meetings regarding the Housing Element update, laying the groundwork for ensuring the draft Housing Element responded to community needs and concerns.
• Conducted eight Planning Commission workshops and hearings on the draft Housing Element concentrating on a different section of the document in each meeting. • Submitted the 2023-2031 draft Housing Element to the State Department of Housing and Community Development (HCD) for review.
• Completed revisions to the 2023-2031 Housing Element based on HCD comments. • Utilized Local Early Action Planning (LEAP) grant for $150,000 and Regional Early Action Planning (REAP) grant for approximately $27,000 to assist in funding the

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PAGE 4
preparation and adoption of the Housing Element Update and accompanying CEQA Addendum to facilitate compliance with the sixth cycle RHNA.

Goal HE-1 Provide a diversified housing stock to meet the full range of future community housing needs; Goal HE-2 Encourage Extremely Low-Income (ELI) housing production, increasing availability of affordable and workforce housing; Goal HE-3 Advance Equity and inclusion throughout the City; Goal HE-4 Preserve and rehabilitate existing housing supply; Goal HE-5 Promote housing for people experiencing homelessness; Goal HE-6 Provide adequate housing for groups with special needs; and Goal HE-7 Increase community outreach and promote education of affordable housing.

ECONOMIC DEVELOPMENT ELEMENT
Economic Development
• Received Council approval on the Industrial Land Preservation and Optimization Policy to protect the City’s limited supply of industrial land for long term economic vitality and expand opportunities to attract new medical offices. • Received Council approval on the Hotel Strategy and Incentive Policy to encourage new hotel development and encourage reinvestment in existing hotels to improve the quality of hotels and increase Transient Occupancy Tax (TOT) generation. • Formed the Downtown Property Based Improvement District (PBID) to improve the safety and cleanliness of Downtown Morgan Hill while investing in programs to increase vitality.
• Received Council approval on the Hotel MOHI Planned Development that allows for the addition of a partial fifth floor and resumption of construction on this important Downtown project.
• Updated the Impact Fee Freeze Policy to reduce the potential financial impact to the City’s General Fund.
• Updated the ChooseMorganHill.com Permitting Portal (Open Counter) to increase the on-line tool’s accuracy and more actively promote it to external users. • Launched a new Economic Development monthly eNewsletter to keep our business and community more informed about current economic development issues and initiatives.
• Updated the Retail Opportunity and Downtown Opportunity Map to use as sales collateral at International Council of Shopping Centers (ICSC) conferences, links on our website, and for City promotion purposes.
• Updated the Significant Projects Movie Reel to include Residential projects allowing expanded use to aid in the recruitment of potential retailers to Morgan Hill. • Partnered with Silicon Valley Business Journal to plan, organize and execute the Meet Morgan Hill Virtual Webinar that promoted the City of Morgan Hill for development and investment opportunities.

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• Conducted a Manufacturing Day event, including a Manufacturing Roundtable Webinar to promote Morgan Hill and the region as a leader in the manufacturing industry, and partner with the Morgan Hill Unified School District to lead High School Student Tours of two local employers to increase the students awareness of manufacturing as a career opportunity.

Goal ED-2 A strong, unique, stable, and diverse economic base that supports fiscal sustainability; Goal ED-3 A high-quality business community with established roots in Morgan Hill; Goal ED-6 A mix of uses along Monterey Corridor that supports the Downtown and encourages walking and biking; and Goal ED-8 Office and industrial areas that provide high-quality work locations for existing and new businesses.

Development Services - Planning
• Continued work on the revised draft of a Form-Based Code for the Monterey Road Corridor.

Goal ED-6 A mix of uses along Monterey Corridor that supports the Downtown and encourages walking and biking and Goal ED-8 Office and industrial areas that provide high-quality work locations for existing and new businesses.

HEALTHY COMMUNITY ELEMENT
Public Services
• Completed construction of the Magical Bridge Playground. • Partnered with the Living Above the Influence organization to support the afterschool programming at the Community and Cultural Center (CCC). • Converted outdoor basketball courts at Community Park to shared use for pickleball and basketball and started adult and youth pickleball courses. • Reinstated the Adult Sports Program by offering Competitive and Recreational Men’s Basketball Leagues.
• Reinstated the Senior Nutrition Program indoor dining, currently serving an average of 80 meals a day. In addition, most of the pre-pandemic programming has been reinstated with an additional Alzheimer’s support group and two evidence based Matter of Balance classes.

Goal HC-3 Usable, complete, well-maintained, safe, and high-quality activities and amenities, including active and passive parks and recreational facilities, community gardens, and trails that are accessible to all ages, functional abilities, and socioeconomic groups.

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TRANSPORTATION ELEMENT
Economic Development
• Received Council approval on the Hotel Strategy and Incentive Policy to encourage new hotel development and encourage reinvestment in existing hotels to improve the quality of hotels and increase Transient Occupancy Tax (TOT) generation. • Improved signalization of Butterfield Boulevard.
• Created the Outdoor Dining & Parklet Manual to improve the standards and to streamline the permitting process for restaurants who want to operate in the public right of way.

Goal TR-4 Emphasis on transportation improvements in the Butterfield, Hale/Santa Teresa, and Monterey corridors.

Development Services - Planning
• Continued work on the transition from Level-of-Service (LOS) to Vehicle-MilesTraveled (VMT) metric for transportation analysis under the California Environmental Quality Act (CEQA) for development projects.
• In coordination with Engineering, contributed to the development of the scope for the Transportation Master Plan.

Goal TR-11 Coordinated transportation planning efforts with local, regional, State and federal agencies.

Public Services
• Managed construction of the Hale Avenue Extension Project first phase.

Goal TR-4 Emphasis on transportation improvements in the Butterfield, Hale/Santa Teresa, and Monterey corridors.
• Completed the 2022 pavement rehabilitation project paving sections of three arterial streets, three collector streets, and 15 residential streets.

Goal TR-3 A coordinated, continuous network of streets and roads. • Replaced 5,500 square feet of damaged sidewalks throughout the City. • Explored a lane reduction in Downtown.
• Identified strategies to improve parking management and improve pedestrian walkability.

Goal TR-2 A system designed for a healthy, active community based on complete streets, smart growth, and Sustainable Communities strategies; reflecting a balanced, safe, multi-modal transportation system for all users, especially in Downtown where pedestrian, bicycle, and transit facilities will be emphasized along with vehicular facilities.

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• Launched MoGo: Morgan Hill Quick Ride in September, an on-demand rideshare service operated in partnership with RideCo. MoGo offers trips to and from fixed points citywide, within ¼ mile of all neighborhoods and key commercial and community spaces in the City limits. Over 134 unique users were serviced in the first four months, with 100+ users per week and an average rating of 4.9/5.

Goal TR-2 A safe and efficient transit system that reduces congestion by providing viable non-automotive modes of transportation.

NATURAL RESOURCES AND ENVIRONMENT ELEMENT
Public Services
• Wrote and was awarded a Silicon Valley Clean Energy (SVCE) grant to fund a new part-time teammate for two years, who will focus solely on outreach activities listed in the City’s adopted Climate Action Plan (CAP).
• Responded to drought emergency declarations by collaborating with the community on water savings. Consistently saved at levels that met regional and State goals. • Supported Council approval of the Electric Vehicle Infrastructure Code.

Goal NRE-15 An adaptive and resilient community that responds to climate change.

SAFETY, SERVICES, AND INFRASTRUCTURE ELEMENT
City Manager
• Served as the City of Morgan Hill’s Director of Emergency Services throughout COVID-19 and winter storms.

Goal SSI-11 Efficient police, fire, and emergency medical response and services, and access to local medical facilities and Goal SSI-12 Reduce risk to life and property associated with emergencies and natural and manmade disasters.

Fire
• Completed design of Butterfield Fire Station with tentative construction start date of Fall 2023.
• Placed Squad 59 in service and staffed at El Toro Fire Station. • Began design of new Type I Fire Engine for new Butterfield Fire Station. • Implemented defensible space inspections conducted by Fire Engine companies. • CAL FIRE awarded the City of Morgan Hill a CCI Fire Prevention Grant to purchase a Green Climber to greatly improve vegetation management throughout the City.

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Goal SSI-3 Minimal threat to persons, property, and the environment from fire hazards and Goal SSI-12 Reduce risk to life and property associated with emergencies and natural and manmade disasters.

Police
• Reactivated Volunteers in Policing (VIPs) program following COVID and expanded services provided by the program.
• Submitted a Sideshow Ordinance that was approved and adopted by City Council. • The Crime Prevention Unit held 12 community meetings on a variety of crime topics. • Coordinated with MHUSD and American Medical Response (AMR) to offer driving under the influence programs at local high schools (e.g., Sober Graduation, Zero Tolerance).
• Council approved a Community Service Officer (CSO) to manage the Youth Diversion Program.
• Implemented Youth Restorative Justice Program diverting 28 youth from the criminal justice system to diversion and continued our partnership with MHUSD on providing Restorative Justice Practices for our students.
• School Resource Officer and the Community Tobacco Enforcement Officer partnered with MHUSD to provide training to students and staff on the dangers surrounding vaping, tobacco use and distracted driving.
• Conducted Run, Hide, Defend trainings at MHUSD schools, local private schools, and businesses.
• Collaborated with the Santa Clara County’s Mobile Crisis Response Team (MCRT) and addressed chronic clients who were in crisis or in need of resources. • Implemented a Psychiatric Emergency Response Team (PERT) in partnership with County Behavioral Health Services.

Page 22 of 412 ends

PAGE 9

3. General Plan Amendment Applications
The City of Morgan Hill did not receive any General Plan Amendment applications within the 2022 calendar year.

Page 23 of 412 ends

PAGE 10

4. General Plan Full Buildout
The Morgan Hill 2035 General Plan EIR evaluated the projected development that could occur under the General Plan through its horizon year of 2035. Pursuant to the Morgan Hill 2035 General Plan EIR, the “full buildout” of the General Plan would be the development of underutilized and vacant parcels at the mid-point of the maximum allowed density under the General Plan, based on the past and projected development patterns in Morgan Hill. The horizon-year projection is based on an estimate of the amount of development that would occur by 2035 as evaluated in the Morgan Hill 2035 General Plan EIR.

The table below shows the net growth of Morgan Hill from the 2015 base year of the General Plan through June 30, 2022, as well as the total horizon year projection and the total full buildout of the General Plan as evaluated in the Morgan Hill 2035 General Plan EIR. As indicated in the below table, Morgan Hill has seen faster growth within the Industrial sector and slower growth within the Retail & Service and Office sectors than expected within the Morgan Hill 2035 General Plan EIR. However, all of the sectors are well below the Total Full Buildout of the General Plan.

Table 1: General Plan Full Buildout Progress
Categories GP Existing
Development
2015
Existing
Development
June 30, 20221
Total Horizon
Year 2035
Projection
Total Full
Buildout
Projection
Housing Units
Residential Units 14,969 16,293 22,400 22,400
Population 45,171 47,7382 68,0573 68,057
Non-Residential Square Footage
Retail & Service 2,729,825 2,902,290 3,902,930 4,805,214 Office 521,788 525,428 1,150,486 2,141,804
Industrial 5,935,000 7,670,129 7,712,385 12,126,643
Public Facilities 463,000 521,565 750,377 774,377
Notes: 1. Numbers based on yearly VTA Congestion Management reporting.

2. 47,738 is a project/estimate based on California Department of Finance (DOF) estimate of 2.93 residents per household. The DOF 2022 population estimate for Morgan Hill is 46,451.

3. General Plan policy CNF-3.4 called for a 2035 population of 58,200 residents, however, the General Plan EIR studied the buildout projection as the Horizon Year.

Page 24 of 412 ends

Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
1_23_23
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
17575 Peak Avenue
Morgan Hill
95037
Please Start Here
General Information
2022
Morgan Hill
Contact Information
Christie
Thomas
Housing Program Coodinator
[email protected]
4083104674
Mailing Address
Annual Progress Report January 2020

Page 25 of 412 ends

Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Page 26 of 412 ends

Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 15 0 142 0 51 3 156 367 122 0 76718046 Monterey Rd/Edes
Ct Edes-Alcini (TTLC MH LLC) SR2022-0001
SFA O
1/5/2022
3 18 21 No Yes
81709041 Juan Hernandez Dr
and Barrett Ave
Juan Hernandez-Brookfield
Properties (MFH CM LLC) SR2022-0002
SFA O
1/19/2022
9 111 120 120 No No
76716044 16625 Del Monte
Ave Del Monte-Caruso SR2022-0010
SFD O
5/9/2022
1 1 1 No No
77902023 14905 Santa Teresa
Bl
Watsonville-Blackrock (Quail
Vineyards) SR2022-0013
SFD O
7/8/2022
14 14 No No
72625002 17920 Monterey Rd
Monterey-Posada (AMG SB35) SR2022-0022
5+ R
11/4/2022
15 142 42 199 Yes-But no action
taken
Yes
76712060
270 W Dunne Av W. Dunne-Robertson SR2022-0023
SFA O
11/10/2022
10 10 No No
72854035 1490 Diana Av Diana-Caruso SR2022-0025 SFD R
12/14/2022
1 1 1 No No
77308016 16775 Dewitt Ave Dewitt-Roof and Real SR2022-0026 ADU R 12/15/2022
1 1 No No
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted

Page 27 of 412 ends

Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 23 28 305 356 225 0 253 0 17 334 104 933 0 0 2 0 0 8 46 56 91 0 1 0 81754058 16805 SORREL WAY 2020-0205 ADU R 0 1 01/05/22 1 0 0 N RENTAL SURVEY 76551021 16235 DENALI DR 2021-0490 ADU R 0 1 01/27/22 1 0 0 N RENTAL SURVEY 76413003 17860 DEL MONTE AVE 2020-0541 ADU R 0 1 02/16/22 1 0 0 N RENTAL SURVEY 76730011 785 CORDOVA CT 2021-0511 ADU R 0 1 02/02/22 1 0 0 N RENTAL SURVEY 72625006 18187 REBOLLO LN 2021-0161 SFA O 0 1 03/01/22 1 0 0 N 72625006 18183 REBOLLO LN 2021-0162 SFA O 0 1 03/01/22 1 0 0 N 72625006 18179 REBOLLO LN 2021-0163 SFA O 0 1 03/01/22 1 0 0 N 72625006 18175 REBOLLO LN 2021-0164 SFA O 0 1 03/01/22 1 0 0 N INC 45 72625006 18171 REBOLLO LN 2021-0165 SFA O 0 1 03/01/22 1 0 0 N 72625006 18167 REBOLLO LN 2021-0166 SFA O 0 1 03/01/22 1 0 0 N 72625006 18163 REBOLLO LN 2021-0167 SFA O 0 1 03/01/22 1 0 0 N 72625006 18159 REBOLLO LN 2021-0168 SFA O 0 1 03/01/22 1 0 0 N INC 45 72625006 18151 REBOLLO LN 2021-0169 SFA O 0 1 03/01/22 1 0 0 N 72625006 18155 REBOLLO LN 2021-0170 SFA O 0 1 03/01/22 1 0 0 N 72625006 14 NOGALES LN 2021-0256 SFA O 0 1 03/01/22 1 0 0 N 72625006 18 NOGALES LN 2021-0257 SFA O 0 1 03/01/22 1 0 0 N 72625006 22 NOGALES LN 2021-0258 SFA O 0 1 03/01/22 1 0 0 N 72625006 26 NOGALES LN 2021-0259 SFA O 0 1 03/01/22 1 0 0 N 72625006 30 NOGALES LN 2021-0260 SFA O 0 1 03/01/22 1 0 0 N INC 45 72625006 34 NOGALES LN 2021-0261 SFA O 0 1 03/01/22 1 0 0 N 72625006 31 NOGALES LN 2021-0263 SFA O 0 1 03/01/22 1 0 0 N 72625006 27 NOGALES LN 2021-0264 SFA O 0 1 03/01/22 1 0 0 N INC 45 72625006 23 NOGALES LN 2021-0265 SFA O 0 1 03/01/22 1 0 0 N 72625006 19 NOGALES LN 2021-0266 SFA O 0 1 03/01/22 1 0 0 N 72625006 15 NOGALES LN 2021-0267 SFA O 0 1 03/01/22 1 0 0 N 72625006 16 SEDA LN 2021-0307 SFA O 0 1 03/01/22 1 0 0 N 72625006 20 SEDA LN 2021-0308 SFA O 0 1 03/01/22 1 0 0 N 72625006 24 SEDA LN 2021-0309 SFA O 0 1 03/01/22 1 0 0 N 72625006 28 SEDA LN 2021-0310 SFA O 0 1 03/01/22 1 0 0 N INC 45 72625006 32 SEDA LN 2021-0311 SFA O 0 1 03/01/22 1 0 0 N 72625006 33 SEDA LN 2021-0313 SFA O 0 1 03/01/22 1 0 0 N 72625006 29 SEDA LN 2021-0314 SFA O 0 1 03/01/22 1 0 0 N INC 45 72625006 25 SEDA LN 2021-0315 SFA O 0 1 03/01/22 1 0 0 N 72625006 17 SEDA LN 2021-0316 SFA O 0 1 03/01/22 1 0 0 N 72625006 21 SEDA LN 2021-0317 SFA O 0 1 03/01/22 1 0 0 N 72625006 18200 REBOLLO LN 2021-0319 SFA O 0 1 03/01/22 1 0 0 N 72625006 18204 REBOLLO LN 2021-0320 SFA O 0 1 03/01/22 1 0 0 N INC 45 72625006 18208 REBOLLO LN 2021-0321 SFA O 0 1 03/01/22 1 0 0 N 72625006 18207 REBOLLO LN 2021-0323 SFA O 0 1 03/01/22 1 0 0 N 72625006 18203 REBOLLO LN 2021-0324 SFA O 0 1 03/01/22 1 0 0 N 72625006 18149 COSECHA LN 2021-0143 SFA O 0 1 04/25/22 1 0 0 N 72625006 18153 COSECHA LN 2021-0144 SFA O 0 1 04/25/22 1 0 0 N INC 45 72625006 18157 COSECHA LN 2021-0145 SFA O 0 1 04/25/22 1 0 0 N 72625006 18161 COSECHA LN 2021-0146 SFA O 0 1 04/25/22 1 0 0 N 72625006 18165 COSECHA LN 2021-0147 SFA O 0 1 04/25/22 1 0 0 N 72625006 18169 COSECHA LN 2021-0148 SFA O 0 1 04/25/22 1 0 0 N INC 45 72625006 18173 COSECHA LN 2021-0149 SFA O 0 1 04/25/22 1 0 0 N 72648003 19240 TAYLOR AVE 2021-0549 ADU R 0 1 5/3/22 1 0 0 N RENT SURVEY 72814017 17120 PINE WAY 2022-0027 ADU R 0 1 5/12/22 1 0 0 N RENT SURVEY 72858007 1770 VENTURA DR 2022-0105 ADU R 0 1 5/2/22 1 0 0 N RENT SURVEY 72625061 250 JARVIS DR 2020-0114 5+ R 0 5 06/27/22 5 0 0 N RENT SURVEY 72625061 230 JARVIS DR 2020-0115 5+ R 0 6 06/27/22 6 0 0 N RENT SURVEY 72625061 210 JARVIS DR 2020-0116 2 to 4 R 0 4 06/27/22 4 0 0 N RENT SURVEY 72625061
18322 VILLANOVA LN
2020-0117
5+ R
0 4 15 06/27/22 19 0 0 N INC RENT SURVEY
This project provided 78
VLI Rental Units as part
of the City's Below
Market Rate (BMR)
program
72625061 18324 VILLANOVA LN 2020-0118 5+ R 0 4 14 06/27/22 18 0 0 N INC RENT SURVEY 72625061 18326 VILLANOVA LN 2020-0119 5+ R 0 4 15 06/27/22 19 0 0 N INC RENT SURVEY 72625061 18328 VILLANOVA LN 2020-0120 5+ R 0 4 16 06/27/22 20 0 0 N INC RENT SURVEY 72625061 18300 ARAGON LN 2020-0121 5+ R 0 4 16 06/27/22 20 0 0 N INC RENT SURVEY 72625061 18302 ARAGON LN 2020-0122 5+ R 0 6 13 06/27/22 19 0 0 N INC RENT SURVEY 72625061 18304 ARAGON LN 2020-0123 5+ R 0 5 06/27/22 5 0 0 N RENT SURVEY 72625061 18306 ARAGON LN 2020-0124 2 to 4 R 0 4 06/27/22 4 0 0 N RENT SURVEY 72625061 18308 PALOMARES LN 2020-0125 5+ R 0 5 14 06/27/22 19 0 0 N INC RENT SURVEY 72625061 18310 PALOMARES LN 2020-0126 5+ R 0 5 14 06/27/22 19 0 0 N INC RENT SURVEY 72625061 18312 PALOMARES LN 2020-0127 5+ R 0 5 13 06/27/22 18 0 0 N INC RENT SURVEY 72625061 18314 PALOMARES LN 2020-0128 5+ R 0 5 13 06/27/22 18 0 0 N INC RENT SURVEY 72625061 18316 PALOMARES LN 2020-0129 5+ R 0 5 14 06/27/22 19 0 0 N INC RENT SURVEY 72625061 18318 PALOMARES LN 2020-0130 5+ R 0 2 10 06/27/22 12 0 0 N INC RENT SURVEY 72625061 18320 PALOMARES LN 2020-0131 5+ R 0 5 7 06/27/22 12 0 0 N INC RENT SURVEY 72625061 150 JARVIS DR 2020-0132 5+ R 0 5 06/27/22 5 0 0 N RENT SURVEY 72625061 130 JARVIS DR 2020-0133 5+ R 0 5 06/27/22 5 0 0 N RENT SURVEY 72625061 110 JARVIS DR 2020-0134 5+ R 0 6 06/27/22 6 0 0 N RENT SURVEY 72625061 18311 PASADAS LN 2020-0135 5+ R 0 5 06/27/22 5 0 0 N RENT SURVEY 72625061 18313 PASADAS LN 2020-0136 2 to 4 R 0 4 06/27/22 4 0 0 N RENT SURVEY 72625061 18315 PASADAS LN 2020-0137 5+ R 0 12 06/06/22 12 0 0 N RENT SURVEY 72625061 18317 PASADAS LN 2020-0138 5+ R 0 4 16 06/06/22 20 0 0 N INC RENT SURVEY 72625061 18319 PASADAS LN 2020-0139 5+ R 0 4 16 06/06/22 20 0 0 N INC RENT SURVEY 72625061 18305 BARROSA LN 2020-0140 5+ R 0 4 15 06/06/22 19 0 0 N INC RENT SURVEY 72625061 18307 BARROSA LN 2020-0141 5+ R 0 4 14 06/27/22 18 0 0 N INC RENT SURVEY 72625061 18309 BARROSA LN 2020-0142 5+ R 0 4 15 06/27/22 19 0 0 N INC RENT SURVEY 77949001 14545 ATHERTON CIR 2021-0093 ADU R 0 1 06/01/22 1 0 0 N RENT SURVEY 72814009 17130 ASPEN WAY # 3 72814009 ADU R 0 1 06/21/22 1 0 0 N RENT SURVEY 72842021 1575 COCHRANE RD 2021-0137 ADU R 0 1 06/06/22 1 0 0 N RENT SURVEY 72625006 18152 COSECHA LN 2021-0152 SFA O 0 1 06/27/22 1 0 0 N 72625006 18148 COSECHA LN 2021-0153 SFA O 0 1 06/27/22 1 0 0 N 72625006 18156 COSECHA LN 2021-0154 SFA O 0 1 06/27/22 1 0 0 N 72625006 18160 COSECHA LN 2021-0155 SFA O 0 1 06/27/22 1 0 0 N 72625006 18164 COSECHA LN 2021-0156 SFA O 0 1 06/27/22 1 0 0 N 72625006 18168 COSECHA LN 2021-0157 SFA O 0 1 06/27/22 1 0 0 N 72625006 18172 COSECHA LN 2021-0158 SFA O 0 1 06/27/22 1 0 0 N 72814009 17130 ASPEN WAY # 2 2021-0280 ADU R 0 1 07/19/22 1 0 0 N RENT SURVEY 76459005 150 FENNEL CT 2021-0335 ADU R 0 1 07/14/22 1 0 0 N RENT SURVEY 81778005 16915 BRUT LN 2019-0607 SFD O 0 1 08/04/22 1 0 0 N 81778006 1301 BODEGA WAY 2019-0608 SFD O 0 1 08/04/22 1 0 0 N 81778007 1311 BODEGA WAY 2019-0609 SFD O 0 1 08/04/22 1 0 0 N 81778008 1321 BODEGA WAY 2019-0610 SFA O 0 1 08/04/22 1 0 0 N 81778009 1331 BODEGA WAY 2019-0611 SFA O 0 1 08/04/22 1 0 0 N 81778010 16910 BRUT LN 2019-0612 SFD O 0 1 08/04/22 1 0 0 N 81778011 16930 BRUT LN 2019-0613 SFD O 0 1 08/04/22 1 0 0 N 81778012 16945 BURGUNDY LN 2019-0614 SFD O 0 1 08/04/22 1 0 0 N 81778014 1341 BODEGA WAY 2019-0615 SFD O 0 1 08/04/22 1 0 0 N 81778015 16900 BURGUNDY LN 2019-0616 SFD O 0 1 08/04/22 1 0 0 N 81778016 16920 BURGUNDY LN 2019-0617 SFD O 0 1 08/04/22 1 0 0 N 81778017 16940 BURGUNDY LN 2019-0618 SFD O 0 1 08/04/22 1 0 0 N 72602007 17327 ST ANTHONY DR 2021-0415 SFA O 0 1 08/23/22 1 0 0 N 72602007 17317 ST ANTHONY DR 2021-0416 SFA O 0 1 08/23/22 1 0 0 N 72602007 17307 ST ANTHONY DR 2021-0417 SFA O 0 1 08/23/22 1 0 0 N INC 45 72602007 17297 ST ANTHONY DR 2021-0418 SFA O 0 1 08/23/22 1 0 0 N 72602007 17337 ST ANTHONY DR 2021-0420 SFA O 0 1 08/23/22 1 0 0 N 72602007 17347 ST ANTHONY DR 2021-0421 SFA O 0 1 08/23/22 1 0 0 N INC 45 72602007 17357 ST ANTHONY DR 2021-0422 SFA O 0 1 08/23/22 1 0 0 N 72602007 17387 ST ANTHONY DR 2021-0424 SFA O 0 1 08/23/22 1 0 0 N 72602007 17377 ST ANTHONY DR 2021-0425 SFA O 0 1 08/23/22 1 0 0 N 72602007 17367 ST ANTHONY DR 2021-0426 SFA O 0 1 08/23/22 1 0 0 N 72602007 18113 COSECHA LN 2021-0434 SFA O 0 1 08/15/22 1 0 0 N 72602007 18117 COSECHA LN 2021-0435 SFA O 0 1 08/15/22 1 0 0 N INC 45 72602007 18121 COSECHA LN 2021-0436 SFA O 0 1 08/15/22 1 0 0 N 72602007 18125 COSECHA LN 2021-0437 SFA O 0 1 08/15/22 1 0 0 N 72602007 18129 COSECHA LN 2021-0438 SFA O 0 1 08/15/22 1 0 0 N 72602007 18133 COSECHA LN 2021-0439 SFA O 0 1 08/15/22 1 0 0 N INC 45 72602007 18137 COSECHA LN 2021-0440 SFA O 0 1 08/15/22 1 0 0 N 72602007 18141 COSECHA LN 2021-0441 SFA O 0 1 08/15/22 1 0 0 N 72602007 18145 COSECHA LN 2021-0442 SFA O 0 1 08/15/22 1 0 0 N 72845004 1835 SILVERWINGS CT 2022-0051 ADU R 0 1 08/15/22 1 0 0 N RENT SURVEY 72607088 810 DIANA AVE 2020-0378 ADU R 0 1 09/22/22 1 0 0 N RENT SURVEY 72625006 11 MORERA LN 2021-0454 SFA O 0 1 09/26/22 1 0 0 N 72625006 15 MORERA LN 2021-0455 SFA O 0 1 09/26/22 1 0 0 N 72625006 19 MORERA LN 2021-0456 SFA O 0 1 09/26/22 1 0 0 N 72625006 23 MORERA LN 2021-0457 SFA O 0 1 09/26/22 1 0 0 N 72625006 27 MORERA LN 2021-0458 SFA O 0 1 09/26/22 1 0 0 N 72625006 31 MORERA LN 2021-0459 SFA O 0 1 09/26/22 1 0 0 N 72625006 39 MORERA LN 2021-0460 SFA O 0 1 09/26/22 1 0 0 N 72625006 35 MORERA LN 2021-0461 SFA O 0 1 09/26/22 1 0 0 N 72636059 18740 MINER LN
2022-0065
5+ R
0 2 30
09/20/22 32 0 0 N CDLAC, LIHTC INC, DB 55 80.0% 3
Development
Standards
Modification
No
The 19 VLI and 19 of
the LI units in this project
are restricted pursuant
to the cities Inclusionary
Housing Ordinance (15%
of the project - 1/2 VLI &
1/2 LI)
72636059 18750 MINER LN
2022-0066
5+ R
0 1 18
09/20/22 19 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18760 MINER LN
2022-0067
5+ R
0 1 18 1
09/20/22 20 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18770 MINER LN
2022-0068
5+ R
0 1 18 3
09/20/22 22 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18765 MINER LN
2022-0069
5+ R
0 1 18
09/20/22 19 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18775 MINER LN
2022-0070
5+ R
0 1 9
09/20/22 10 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18785 MINER LN
2022-0071
5+ R
0 1 9
09/20/22 10 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18795 MINER LN
2022-0072
5+ R
0 1 18
09/20/22 19 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18805 MINER LN
2022-0073
5+ R
0 1 18
09/20/22 19 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18815 MINER LN
2022-0074
5+ R
0 1 16
09/20/22 17 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18825 MINER LN
2022-0075
5+ R
0 2 16
09/20/22 18 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18835 MINER LN
2022-0076
5+ R
0 2 10
09/20/22 12 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
72636059 18830 MINER LN
2022-0077
5+ R
0 2 10
09/20/22 12 0 0 N LIHTC, CDLAC INC, DB 55 80.0% 3
Development
Standards
Modification
No
see above
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10

Page 28 of 412 ends

Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Note: "+" indicates an optional field
72636059 18820 MINER LN
2022-0078
5+R
02 18
09/20/22 2000N LIHTC, CDLAC INC, DB 55 80.0%3
Development
Standards
Modification
No
see above
77904075 15460 WATSONVILLE RD
2022-0116
5+R
0 24
09/02/22 240 24N LIHTC, Other DB, INC 55 0.0%3
Development
Standards
Modification
Yes
"Other" funding includes
a Affordable Housing
loan from the City in the
amount of $400,000 -
Project did not request a
Density bonus but did
receive concession
Pursuant to Density
Bonus Law
77904075 15450 WATSONVILLE RD
2022-0117
5+R
0 24
09/02/22 240 24N LIHTC, Other DB, INC 55 0.0%3
Development
Standards
Modification
Yes
see above
77904075 15470 WATSONVILLE RD
2022-0118
5+R
0 24
1 09/02/22 2500N LIHTC, Other DB, INC 55 0.0%3
Development
Standards
Modification
Yes
see above
76424061 115 CAMPOLI DR 2019-0576 SFD
O
0 1 10/07/22
1 00N
76424061 115 CAMPOLI DR 2019-0576 ADU
R
0 1 10/07/22
100N RENT SURVEY
76424061 18735 OLD MONTEREY RD 2019-0577 SFD
O
0 1 10/07/22100N
76424061 18745 OLD MONTEREY RD 2019-0578 SFD
O
0 1 10/07/22100N
76424061 120 MUSTARD AVE 2019-0579 SFD
O
0 1 10/07/22100N
76424061 125 CAMPOLI DR 2019-0580 SFD
O
0 1 10/07/22
1 00N
76403042 17580 WOODLAND CT 2022-0041 ADU
R
0 1 10/25/22100N RENT SURVEY
72834033 18271 CORTE AGUSTIN 2022-0367 SFD
O
0 1 10/17/22100N
72834033 18271 CORTE AGUSTIN 2022-0367 ADU
R
0 1 10/17/22100N RENT SURVEY
72834033 18261 CORTE AGUSTIN 2022-0368 SFD
O
0 1 10/17/22
1 00N
72834033 18261 CORTE AGUSTIN 2022-0368 ADU
R
0 1 10/17/22
100N RENT SURVEY
76716044 16625 DEL MONTE AVE 2022-0144 SFD
O
0 1 11/29/22100N
81702067
16685 CHURCH ST
2022-0320
5+R
0 56 251
11/29/22
820 43N CDLAC, LIHTC, Other DB, INC 55 80.0%3
Development
Standards
Modification
Yes
6 units must be
restricted at or below
VLI and 6 of the LI units
are restricted pursuant
to the cities Inclusionary
Housing Ordinance (15%
of the project - 1/2 VLI &
1/2 LI) - "Other" funding
includes HCD Multifamily
Housing Program
72834033 18231 VIA AVINO 2022-0369 SFD
O
0 1 11/18/22
100N
72834033 18221 VIA AVINO 2022-0370 SFD
O
0 1 11/17/22100N
72834033 18211 VIA AVINO 2022-0371 SFD
O
0 1 11/17/2210
0 N
72834033 18201 VIA AVINO 2022-0372 SFD
O
0 1 11/18/22
100N
72834033 18201 VIA AVINO 2022-0372 ADU
R
0 1 11/18/22
100N RENT SURVEY
72834033 18232 VIA AVINO 2022-0373 SFD
O
0 1 11/17/22100N
72834033 18202 VIA AVINO 2022-0374 SFD
O
0 1 11/17/22100
N
72834033 1880 VIA SANTA ELENA 2022-0375 SFD
O
0 1 11/17/221
00N
72834033 1870 VIA SANTA ELENA 2022-0376 SFD
O
0 1 11/17/22
1 00N
72834033 1860 VIA SANTA ELENA 2022-0377 SFD
O
0 1 11/30/22100N
72834033 1850 VIA SANTA ELENA 2022-0378 SFD
O
0 1 11/17/22100N
72834033 1850 VIA SANTA ELENA 2022-0378 ADU
R
0 1 11/17/22100N RENT SURVEY
72834033 1840 VIA SANTA ELENA 2022-0379 SFD
O
0 1 11/30/22
1 00N
72834033 1890 VIA SANTA ELENA 2022-0380 SFD
O
0 1 11/17/22100N
72834033 1915 VIA SANTA ELENA 2022-0381 SFD
O
0 1 11/30/22100
N
72834033 1905 VIA SANTA ELENA 2022-0382 SFD
O
0 1 11/17/22
1 00N
72834033 1895 VIA SANTA ELENA 2022-0383 SFD
O
0 1 11/17/22
1 00N
72834033 1885 VIA SANTA ELENA 2022-0384 SFD
O
0 1 11/17/22
100N
72834033 1885 VIA SANTA ELENA 2022-0384 ADU
R
0 1 11/17/22
100N RENT SURVEY
72834033 1875 VIA SANTA ELENA 2022-0385 SFD
O
0 1 11/17/2210
0 N
72834033 1865 VIA SANTA ELENA 2022-0386 SFD
O
0 1 11/17/22
1 00N
72834033 1855 VIA SANTA ELENA 2022-0387 SFD
O
0 1 11/17/22100N
76424061 18755 OLD MONTEREY RD 2019-0169 SFD
O
0 1 12/09/22
100N
76424061 18755 OLD MONTEREY RD 2019-0169 ADU
R
0 1 12/09/22100N RENT SURVEY
76437014 870 CLAREMONT DR 2022-0111 ADU
R
0 1 12/09/22
100N RENT SURVEY
76424030 105 SANCHEZ DR 2 2017-0319 ADU
R
0 01 1/5/2022
10 N RENT SURVEY
72861027 1860 VIA TOLENTINO 2020-0518 SFD
O
0 01 1/13/202210N
72861027 1850 VIA TOLENTINO 2020-0519 SFD
O
0 01 1/13/202210N
72861027 1880 VIA TOLENTINO 2020-0516 SFD
O
0 01 1/14/20221
0N
72861027 1870 VIA TOLENTINO 2020-0517 SFD
O
0 01 1/14/202210N
72861027 1900 VIA TOLENTINO 2020-0479 SFD
O
0 01 01/18/221
0N
72861027 1890 VIA TOLENTINO 2020-0515 SFD
O
0 01 01/18/2210N
72861027 1910 VIA TOLENTINO 2020-0478 SFD
O
0 01 01/20/221
0N
72861027 1920 VIA TOLENTINO 2020-0514 SFD
O
0 01 01/20/2210N
72861027 1855 VIA TOLENTINO 2021-0050 SFDO
0 01 02/08/2210
N
72861027 1875 VIA TOLENTINO 2021-0052 SFD
O
0 01 02/08/2210N
72861027 1885 VIA TOLENTINO 2021-0053 SFDO
0 01 02/24/2210N
72861027 1895 VIA TOLENTINO 2021-0054 SFD
O
0 01 02/24/2210N
72861027 1895 VIA TOLENTINO 2021-0054 ADUR
0 01 02/24/2210N RENT SURVEY
72861027 1905 VIA TOLENTINO 2021-0055 SFD
O
0 01 02/24/2210N
72861027 1865 VIA TOLENTINO 2021-0051 SFDO
0 01 03/09/2210N
72861027 1915 VIA TOLENTINO 2021-0056 SFDO
0 01 03/09/221
0N
72861027 1925 VIA TOLENTINO 2021-0057 SFDO
0 01 03/09/2210N
81710024 16350 SAN RAMON DR 2020-0566 ADUR
0 01 03/11/221
0N RENT SURVEY
76424028 181 SANCHEZ DR 2019-0586 SFDO
0 01 03/15/2210N
72609002 805 DIANA AVE 2020-0400 SFDO
0 01 03/22/221
0N
72834028 18625 CORTE BAUTISTA 2021-0228 SFDO
0 01 03/28/2210N
72834028 18615 CORTE BAUTISTA 2021-0229 SFDO
0 01 03/28/2210
N
81704078 40 E EDMUNDSON AVE # 3 2020-0063 ADU
R
0 01 03/30/2210N RENT SURVEY
72609002 825 DIANA AVE 2021-0043 SFDO
0 0
1 03/30/2210N
72834028 18645 CORTE BAUTISTA 2021-0227 SFDO
0 01 04/12/2210N
72609002 815 DIANA AVE 2021-0042 SFDO
0 0
1 04/19/2210N
72602007 17248 ST ANTHONY DR 2021-0206 SFAO
0 01 05/06/2210N
72602007 17238 ST ANTHONY DR 2021-0207 SFAO
0 0
1 05/06/2210N
72861053 18340 CORTE MATHEO 2021-0232 SFDO
0 01 06/24/2210N
76751021 16235 DENALI DRIVE 2021-0490 ADUR
0 0
1 06/24/2210N RENT SURVEY
72861053 18640 CORTE BAUTISTA 2021-0231 SFDO
0 01 06/27/2210N
72602007 615 LOS CASTANOS DR 2021-0214 SFAO
0 01 06/28/2210
N
72602007 17228 ST ANTHONY DR 2021-0211 SFA
O
0 01 06/29/2210N
72602007 585 LOS CASTANOS DR 2021-0217 SFAO
0 01 06/29/2210N
72602007 17208 ST ANTHONY DR 2021-0209 SFA
O
0 01 07/19/2210N
72602007 695 LOS CASTANOS DR 2021-0389 SFAO
0 01 08/08/2210N
72602007 17218 ST ANTHONY DR 2021-0210 SFAO
0 01 08/12/2210N
72602007 685 LOS CASTANOS DR 2021-0388 SFAO
0 01 08/15/2210N
72602007 595 LOS CASTANOS DR 2021-0216 SFAO
0 01 08/19/221
0N INC 45
72814017 17120 PINE WAY 2022-0027 ADUR
0 01 08/23/2210N RENT SURVEY
72602007 675 LOS CASTANOS DR 2021-0387 SFAO
0 01 09/09/221
0N
72602007 17155 ANDALUSIA DR 2021-0374 SFAO
0 01 10/14/2210N INC 45
72861054 18245 VIA POTANO 2021-0237 SFDO
0 01 10/20/221
0N
72861054 18255 VIA POTANO 2021-0238 SFDO
0 01 10/20/2210N
72861054 18265 VIA POTANO 2021-0239 SFDO
0 01 10/20/2210
N
72602007 605 LOS CASTANOS DR 2021-0215 SFAO
0 01 11/14/2210N
72861054 18205 VIA POTANO 2021-0233 SFDO
0 0
1 11/29/2210N
72861054 18205 VIA POTANO 2021-0233 ADUR
0 01 11/29/2210N RENT SURVEY
72861054 18215 VIA POTANO 2021-0234 SFDO
0 0
1 11/29/2210N
72861054 18225 VIA POTANO 2021-0235 SFDO
0 01 11/29/2210N
76403042 17580 WOODLAND CT 2022-0041 ADUR
0 0
1 11/30/2210N RENT SURVEY
72602007 17165 ANDALUSIA DR 2021-0373 SFAO
0 01 12/01/2210N
72602007 17145 ANDALUSIA DR 2021-0375 SFAO
0 01 12/14/2210
N
72602007 17175 ANDALUSIA DR 2021-0372 SFAO
0 01 12/20/2210N
72861054 18235 VIA POTANO 2021-0236 SFDO
0 01 12/22/2210N
72831014 1050 COCHRANE RD 2021-0034 SFD
O
0 00N1 Demolished
O
72834030 Via Sebastian Cochrane-Toll
Brothers SR2021-0011 SFD
O 114 1/24/2022 11400NN No
72642001 19380 Monterey Rd Monterey-Kerley
(DeNova Homes) SR2021-0014 5+
O 14 79 11/16/2022
93 00NY INC 0.0%1
Development
Standards
Modification
Yes
72924018 15860 Jackson Oaks Dr
Jackson OaksChavosh (Ziba
Design)
SR2021-0023 SFDO1 8/9/2022
1 00NN No
81709041 Juan Hernandez Dr and Barrett
Ave
Juan HernandezBrookfield Properties
(MFH CM LLC)
SR2022-0002 SFAO9 111 6/28/2022
120
00NN INC No
76716044 16625 Del Monte Ave Del Monte-Caruso SR2022-0010 SFD O1 9/28/2022
1 00NN Rent survey No
72924018 15860 Jackson Oaks Dr
Jackson OaksChavosh (Ziba
Design)
SR2021-0023 SFAR2 8/9/2022
2 00NN Rent survey No
72834030 Via Sebastian Cochrane-Toll
Brothers SR2021-0011 ADU
R 25 1/24/2022 2500NN Rent survey No
0 00
0 00
0 0
0 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
0 0
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00

Page 29 of 412 ends

Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - 12 29 - 39 - - 6 225 -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 118 23 13 24 11 1 2 253 -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - 1 1 - 1 17 -
Non-Deed Restricted - 107 6 9 262 13 5 13 334 -
Above Moderate 316 - 647 219 192 193 142 38 82 104 - 1,617 - 928
- 884 277 214 519 167 44 104 933 - 3,142 -
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
137 - 11 - 8 - - - 91 - 110 27
-
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
311
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
769 Moderate
273
154
185
Please contact HCD if your data is different than the material supplied here 445
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-

Page 30 of 412 ends

Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

Page 31 of 412 ends

Jurisdiction Morgan Hill
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

INCLUSIONARY HOUSING
ORDNANCE NO. 2278

REQUIRE EACH NEW DEVELOPMENT
TO PROVIDE AT LEAST 15%

AFFORDABLE HOUSING OUTSIDE OF
DOWNTOWN AND 10% DOWNTOWN
2018-2023 EFFECTIVE 07/25/18
City of Morgan Hill Below
Market Rate (BMR) Program
Facilitate the construction of very low and
low rental BMR's (55 year affordability
restriction, and moderate ownership BMRs
(45 year affordability restrictions)
2015-2023 2 Low Income and 11 Moderate Income ownership BMR permits and 78 Very Low Income rental BMR permits issued were in 2022. 2 Low Income ownership BMR permits were finaled in 2022. 23 Moderate Income BMR units were entitled in 2022. To date, Morgan Hill’s BMR program consist of over 574 (some have aged out of program this past year) BMR's as a result of the City's RDCS system (Residential Development Control System) AND Inclusionary Housing Ordinance No. 2278.

City of Morgan Hill Housing
Rehab Program, Minor
Home Repair
Facilitate the rehabilitation of affordable
housing units
2015-2023 The City rehabbed 32 senior low income mobile and single family residence home units in 2022, through a grant program administered by Rebuilding Together. Repairs are funded by County Community Development Block Grant Funds through the Urban County Consortium that the city is a member of.

City of Morgan Hill
"Unhoused Specialist" Case
Manager
Outreach, engagment and case
management with the unhoused to provide
support, services, offer shelter, basic
needs, and to facilitate housing
opportunties
2015-2023 FY 21/22 -22/23 City of Morgan Hill has allocated $50,000. per FY to create 1 full time Case Manager. City Received $450,000 (3 year) capacity building grant from Destination Home to hire an "Unhoused Case Manger," who began in December of 2021. Since Dec 2021, the Unhoused specialists has processed 265 referrals, connected successfully with 241 individuals, housed 27 (unhoused and housing insecure), connected 71 people to sheters, connected 22 people to legal services, and increased coordination with teammates across departments and collaborated with community based organzations and the faith based community.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

Page 32 of 412 ends

Measure A Housing Bond,
County of Santa Clara
Create new units at the ELI and VLI level.
$3,400,000 in Measure A funds provided to
a Very Low Income Project (The Crossings
UHC) that was finaled and leased up in
2021 - consists of 39 units (7 eli, 25 vli, & 8
li) (received $5.5 million of Measure A
funds). Two additional 100% affordable
projects were entitled in 2021, "Magnolia's"
First Community Housing - consists of 66
units (42 eli, 9 vli, 14 li, & 1 managers unit)
and the "Royal Oak Village" UHC - consists
of 73 units (48 eli, 24 vli, & 1 managers
unit) (will receive $9.9 million in Measure A
funds - Royal Oak Village project broke
ground in 2022 and expects to occupancy
date to be in January of 2024.
2015-2023 In November of 2016 Santa Clara County voters approved a $950 million bond (Measure A) which will fund the development of 4,800 extremely low-income (ELI) housing units throughout the County serving the homeless. It is expected that the 4,800 - unit goal will generate 10,000 new construction, affordable housing units countywide, by leveraging resources. Additionally, $150 million of Measure of Measure A funds will be set aside for workforce housing and down payment assistance. The County's goal is to create 4,800 affordable ELI units Countywide, of which 97 units have been designated as the Measure A affordable housing goal for the City of Morgan Hill, over a ten-year period. Morgan Hill has already almost met that goal and intends to develop additional units ELI & Low Income ownership units with additional Measure A funding. The remaining balance is planned to be distributed throughout the County in the other cities equivalently, based on Regional Housing Needs Allocation (RHNA) methodology. The Housing team has actively participated in discussions regading implementation of the bond program and provided program recommendations. As of Nov, 2022, $643,345,710 Measure A funding has been approved (included are 9 cities, 4,363 new apartments, 689 units renovated, 47 new housing developments, and $25 million to First-Time Homebuyer program).

Homeless Prevention
through rental assistance
Prevent residents from experiencing
homelessness
2015-2023 City and County Partnership: August 1, 2017 - current: Homeless Prevention Program (one time rental assistance) Program for families, targeting families with children in the school district at rish of homelessness. The City contributed $50,000. in fy 17/18, an additional $25,000 in 2018/19, $25,000 in 2019/2020, $25,000 in 2020/2021 fy and $50,000 in 2021/2022 fy and $50,000 in 2022/2023 to this larger countywide effort.

UPDATE: From 1/1/2022 to 12/31/2022 - xxMorgan Hill individuals enrolled on the Rapid Rehousing waiting list, with the intent to provide rapid rehousing. Out of the xx enrolled, xx have been housed.

Page 33 of 412 ends

Homeless Safe Parking
Program
Provide respite and services, and attemps
to provide housing for South County
residents living in their vehicles
2015-2023
Partnered with the faith based community to create an (8) eight space, pet welcome, Safe Parking Proram called "Focus". It was launched on July 8, 2017 at a local church for eight homeless families living in their cars (up to 30 people) where they are receiving coordinated assessment, services, meals, and support with the goal of providing some stability and getting them into permanent housing. The Program typically serves eight families, (approx. 25 people and 8 children.) City contributed $30,000 in fy 2018/2019, $30,000 in fy 2019/2020, $30,000 in fy 2020/2021 and $30,000 in fy 2021/2022 and $50,000 in fy 2022/2023. City has also funded porta potty and handwashing stations for the Safe Park since it's inception - $11,538 for fy' 19/20 - 21/22 and $12,276 for fy's 22/23 - 23/24. During 2021, 8 households were housed with the help of this program.

Housing Authority of of the
County of Santa Clara
Section 8 Program
Maintain full lease up of section 8 vouchers 2015-2023 There are XX total vouchers in Morgan Hill.

Accessory Dwelling Unit
Ordinance update
Implement AB68 prior to Janaury 1, 2020 2015-2023 EFFECTIVE Janaury 2020 - continuing to update as Legislation passes and to make permit issuance streamlined.

Page 34 of 412 ends

Inclement Cold Weather
Shelter
Partner with Community Christian Church
to create an Inclement Weather Shelter
2015-2023
In January 2020, the City of Morgan Hill partnered with Community Christian Church to create an Inclement Cold Weather Weather shelter that operates when the County issues a Cold Weather alert. The shelter has a 10 bed capacity. City of Morgan Hill provides cots, bedding, snacks, water, COVID PPE, and training of volunteers. The city also funds Gilroy Compassion Center employee(s) to process referrals and manage check in process (Budget included in Safe Park Budget contract). City pays for nightly security at shelter from 7pm - 7am. Shelter is mostly run by volunteers - $25,000 per fy budgeted since fy 19/20. As of December 2021, the cities "Unhoused Specialist" goes out into the community to let unhoused individuals know that the shelter is open, and Santa Clara County Homeless Hotline alerts individuals of its location as well.

Rehabilitation and
Preservation of existing
affordable units
Preservation of Existing Stock 2015-2023
Murphy Ranch I & II - 100 units including 2, 3, & 4 bedrooms - will complete a substantial remodel - City resuboridnated 2 loans totalling $8,903,902.44 for an additional 55 years - Villa Ciolino - City waiver of surplus funds in the amount of $44,777 so that project could undergo a substanial remodel of 42 units - including 1,2 & 3 berooms City funding contribution to
100% Affordable Project
Production of new housing inventory to
diversify housing stock 2015-2023 Royal OakVillage - The City of Morgan Hill has funded this project $400,000.

Page 35 of 412 ends

Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

Page 36 of 412 ends

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

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Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA

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Jurisdiction Morgan Hill
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

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Jurisdiction Morgan Hill Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Santa Clara County jurisdictions, please format the APN's as follows:999-99-999

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Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
72854035 1490 Diana Av Diana-Caruso SR2022-0025
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020

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Jurisdiction Morgan Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020

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Jurisdiction Morgan Hill
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 225
Non-Deed Restricted 0
Deed Restricted 253
Non-Deed Restricted 0
Deed Restricted 17
Non-Deed Restricted 334
104
933
Units by Structure Type Entitled Permitted Completed
SFA 122 79 16
SFD 116 38 32
2 to 4 0 12 0
5+ 93 781 0
ADU 25 23 8
MH 0 0 0
Total 356 933 56
8 367
122
0 1
0 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level

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Jurisdiction Morgan Hill
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Task 1: Project Coordination $8,000.00 $0.00 None
Task 2: Community Engagement $12,500.00 $0.00 None
Task 3: 2023-2031 Housing
Element $100,000.00 $0.00 None
Task 4: Consultation with HCD $5,000.00 $0.00 None
Task 5: Inclusionary Housing
Ordinance $12,500.00 $0.00 None
Task 6: Public Hearings $12,000.00 $0.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 23
Non-Deed Restricted 28
305
356
Current Year
Deed Restricted 225
Non-Deed Restricted 0
Deed Restricted 253
Non-Deed Restricted 0
Deed Restricted 17
Non-Deed Restricted 334
104
933
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 2
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 8
46 56
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
Completed
Completed

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 150,000.00
Task Status
Completed
Completed

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2 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:

Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager
ACCEPT $595,748 IN GRANT FUNDS FROM SILICON VALLEY CLEAN ENERGY

RECOMMENDATION(S)
Authorize City Manager to execute and administer grant funding agreements with Silicon Valley Clean Energy.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Advancing Regional Initiatives
2022-2023 Strategic Priorities
Fiscal Sustainability
Community Outreach, Engagement, and Messaging
Guiding Documents
Climate Action Plan
REPORT NARRATIVE:

The purpose of this staff report is to give City Council the opportunity to authorize the City Manager to accept funds for two grants that have been issued to the City by Silicon Valley Clean Energy (SVCE). The City of Morgan Hill has a key central goal of reducing greenhouse gas (GHG) emissions by reaching carbon neutrality by 2045 and working toward this goal through a number of sub-goals, action items, and planning efforts as identified in the Morgan Hill 2021 Climate Action Plan (CAP). The financial support from the two grants described below would strategically align with the City’s efforts in achieving CAP goals.

SVCE Community Decarbonization Demonstration Grant
The City's CAP includes a goal to convert all municipal buildings to all-electric by 2035.

The City has been offered $500,000 in funding through the SVCE Community Decarbonization Demonstration Grant Program for the development of a new all-electric

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2 Fire Station and interpretive meeting area in an adjacent park space. The interpretive area will serve as a meeting point to start and conclude ongoing fire station tours and will consist of picnic tables and displays describing how the all-electric fire station building operates, the basics of how all-electric facilities reduce carbon emissions, and why that is important. The interpretive area will increase overall Fire Station project costs by approximately $186,000, with remaining grant funds of approximately $314,000 supporting electrical components within the Fire Station. This grant agreement has been included as Attachment A.

SCVE Community Decarbonization Engagement Grant
The City has been offered funding through the SVCE Community Decarbonization Engagement Grant Program to implement the outreach, education and engagement components of the CAP. Primary activities will include booth supplies and events, design of brochures and flyers, outreach campaigns, a Loaner Induction Stove Program, development of Clean Air Week, surveys and research, and hiring a part-time teammate to support in planning and implementation of these work items. The ultimate goal of this project, through engagement with the community, is to generate discussion, interest and presence around the topics of decarbonization and climate change. The City requested $95,748 to implement the outreach, education and engagement components of the CAP, and has been offered the full amount. This grant agreement has been included as Attachment B.

COMMUNITY ENGAGEMENT:

Not Applicable. This is an administrative item and the recommended action will allow the City to accept funding that will reduce negative impacts from climate change within the community.

ALTERNATIVE ACTIONS:

City Council could choose not to authorize the City Manager to accept the SVCE Grant funds. This would result in missed opportunities to achieve CAP goals. Funding for the fire station to be constructed as an all-electric facility would need to come from a different source, and the City would not have resources to begin on its CAP outreach, education, and engagement goals.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City's CAP was adopted in December 2021. The CAP established goals which the two grant opportunities will help to fulfill.

FISCAL AND RESOURCE IMPACT:

The total cost of the fire station electrification project is projected to be approximately $647,000 and the City has been offered $500,000 in grant funding for this project. Costs associated with implementation of this grant will not be incurred until FY 2023-24. Costs associated with this project will be appropriated with the award of the construction contract for the Fire Station.

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2 The City requested $95,748 to implement CAP outreach, education and engagement components through the end of calendar year 2024, and has been offered the full amount. The grant will start in March 2023. Costs associated with implementation of the grant from March to the end of FY 2022-23 will total approximately $19,000 and these costs will be covered by the existing 010.5800 Environmental Services budget. A midcycle budget adjustment will be needed for implementation of the grant in FY 2023-

24. In FY 2024-25, any remaining costs related to implementation and close-out of the grant will be incorporated into the normal budget cycle.

CEQA (California Environmental Quality Act):

Not a Project.

This is an organizational/administrative action that will provide funding to help reduce negative impacts from climate change within the community.

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SILICON VALLEY CLEAN ENERGY

DECARBONIZATION GRANT PROGRAM AGREEMENT
THIS AGREEMENT is made and effective as of _________, 2023 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and The City of Morgan Hill , a municipal corporation (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:

A. SVCE’s decarbonization grant program (“Program”) will provide over $1.5M in grants to member jurisdictions, public agencies, and community groups to plan and develop decarbonization demonstration and engagement projects.

B. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for a decarbonization demonstration or engagement project (“Project”). The scope and estimated budget for the Project are included in Exhibit A.

C. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.

2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $500,000, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.

3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:

A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.

B. Requests for payment submitted to SVCE shall include: 1) an itemized list of all expenditures; and 2) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit A of this Agreement. Payment requests should be aggregated and submitted no more often than once per month.

C. SVCE shall process requests for payment and remit payment within 30 days.

D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.

E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.

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F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.

4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibit A. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE.

This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.

5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Projects must be complete no later than December 31, 2024.

6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program. Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data on-site. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.

7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.

8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.

9. PROCUREMENT. At minimum, Recipient shall solicit at least three bids and select the lowest bidder when procuring goods or services, where the costs are eligible for reimbursement under this Agreement. In the event the Recipient is required by statute or policy to solicit additional bids or follow a more stringent solicitation

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process, Recipient shall follow such process. Recipient may also procure goods and services through California Government Code section 4217.10.

10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 7920.000 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.

11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:

SVCE: Silicon Valley Clean Energy Authority
333 W. El Camino Real #330
Sunnyvale, CA 94087
Attention: _______________
RECIPIENT: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Attention: Christina Turner, City Manager

12. INDEPENDENT CONTRACTOR.

A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE. Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.

B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.

13. INDEMNIFICATION. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.

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14. INSURANCE.

A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.

B. Recipient shall maintain the following minimum insurance coverages:
1) Workers’ compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.

C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE. The Recipient may satisfy its obligations under this Section through self-insurance.

D. The insurance limits required by SVCE are not represented as being sufficient to protect Consultant.

Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.

15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.

16. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.

17. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.

18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.

19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.

20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.

Page 51 of 412 ends

21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.

22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.

24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.

25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. COMMUNICATIONS AND ENGAGEMENT. Recipient agrees that SVCE may use and publicize information and visual materials (photos, videos, etc.) related to this project, including (but not limited to) information and visual materials provided in this application, updates, or follow-up information. Recipient will coordinate in good faith with SVCE on follow-up activities, such as interviews, outreach coordination, photo or video shoots, requests for additional information, and the design of educational materials and signage related to the project. Recipient will work with SVCE to schedule all coordination and activities within a determined and mutually agreed-upon time frame and understand that refusal or failure to collaborate on marketing and outreach may result in termination of the funding.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

SILICON VALLEY CLEAN ENERGY AUTHORITY
_____________________________________
Girish Balachandran, Chief Executive Officer
APPROVED AS TO FORM:
________________________________
Trisha Ortiz, General Counsel
[RECIPIENT]

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By: _____________________________
Name: Christina Turner
Title: City Manager
By: _____________________________
Name:

Title:
[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairman of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of City Manager is required for cities.]

Page 53 of 412 ends

EXHIBIT A
[attach Application]

Page 54 of 412 ends

November 4, 2022
Silicon Valley Clean Energy 333
W. El Camino Real, #330
Sunnyvale, CA 94087
RE: Community Decarbonization Demonstration Grant
To: Silicon Valley Clean Agency Grant Coordinator
17575 Peak Avenue
Morgan Hill, CA 95037-4128
TEL: (408) 778-6480
FAX: (408) 779-7236
www.morganhill.ca.gov
The City of Morgan Hill is seeking funding through the Community Decarbonization Demonstration Grant Program for the development of a new all-electric Fire Station to serve our residents. We feel that this project is an excellent fit for this grant opportunity with its intent to employ decarbonization efforts through electrification of a public facility and with educating the community about the benefits and ultimate goals of these efforts. The total cost of the project is projected to be approximately $647K and the City is requesting consideration of $500K in grant funding.

If we were to receive funding, our project would also contain a significant educational and outreach component.

The City plans to develop a land parcel adjacent to the fire station as a Demonstration Plaza for gathering and informative purposes. The Plaza would include the construction of a small meeting area with tables and benches that would be able to accommodate up to a classroom of students. This meeting area would include interpretive displays describing how the all-electric fire station building operates, the basics of how all-electric facilities reduce carbon emissions, and why that is important. Coordinated tours of the fire station itself would also be conducted, originating from the Plaza location. Providing this opportunity to the community to better understand the environmental benefits achieved through electrification and visualize the concept, can promote the use of efficient and low-carbon technologies, and may ultimately influence the actions and behaviors of our residents in the future.

We are very excited by the opportunities created by this grant and thank you for considering our application. If you desire additional information, please do not hesitate to contact Chris Ghione at (408) 782-9154 or [email protected].

Sincerely,
Christina Turner
City Manager

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Community Decarbonization Demonstration Grant
Application For Submittal

1. Legal name of organization, address of local office(s), and email and phone number for your main point of contact.
• City of Morgan Hill
• 17575 Peak Avenue, Morgan Hill, CA 95037
• Chris Ghione, Public Services Director
• [email protected]
• (408) 782-9154

2. One paragraph summary of proposal with amount requested.

The City of Morgan Hill is requesting funding to develop its new Fire Station as an allelectric demonstration site. The new Fire Station would be combined with a display and meeting area in an adjacent park space, with interpretative signage to highlight the benefits of electrification. This demonstration site would be unique in creating an allelectric facility in an extremely high traffic location in downtown Morgan Hill.

Additionally, the adjacent Demonstration Plaza and its meeting space could support classes, organizations, and businesses attending field trips and tours to the site. The total request for funding for this electrification project is $500,000, with a total cost for the project of $646,820.64. The City will provide the matching funds for all projected expenses beyond those of the grant funding.

3. Full description of the building electrification project.

Beginning in March 2020, the City of Morgan Hill required all new construction to be allelectric. In 2023 the City will be constructing its first all-electric City owned building, the Butterfield Fire Station, at 17265 Butterfield Boulevard. As the first City facility to be allelectric the City proposes partnering with Silicon Valley Clean Energy on the development of the facility and on an adjacent interpretive demonstration site.

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The fire station will be an exciting addition to the community. In addition to being an allelectric building, the station may be developed with a solar and battery system intended to allow the facility to run completely on its own microgrid.

Development of the microgrid is dependent on obtaining additional grant funding outside of the SVCE decarbonization demonstration grant.

The project will consist of three major components. The first will be the actual construction of the all-electric fire station facility. The second will be the construction of an interpretive meeting area in an adjacent park space. The third will be guided tours of the facility and ongoing messaging.

The Butterfield Fire Station is a 5,800 square foot facility that will be constructed for approximately $8 million. The station is being designed to accommodate one engine company and supporting personnel. It will begin construction in 2023 and open by August 2024. The current cost estimates identify the cost for installing the all-electric HVAC system at approximately $363,000, with associated electrical systems and equipment to support the project at $98,000. Costs for the microgrid system are not included in the grant application.

The new fire station’s location, being so close by Downtown Morgan Hill, is an optimum location for a demonstration site. Near the site is an existing landscape demonstration garden and park area. This area connects the high traffic Caltrain and VTA Transportation Parking Lot, as well as the County Courthouse to the downtown area and is highly trafficked. The intent of the second component of the grant is to construct a small meeting area with tables and benches that are able to accommodate up to a classroom of students. This meeting area will provide interpretive displays describing how the allelectric fire station building operates, the basics of how all-electric facilities reduce carbon emissions, and why that is important. The displays will be intended to be something available to all those passing through the area as well as something that can be used for school groups or other groups visiting the site.

The final component of the grant programming will be ongoing tours and meetings provided by the Fire Department to showcase the all-electric facility. It is estimated that the Fire Department may provide multiple tours each month to school groups as well as tours to builders and other agencies upon request. The park display area would be used as the meeting point to start and conclude tours.

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In addition to the high pedestrian traffic in the area there is more than ample convenient parking for cars and busses in the adjacent public transportation parking lot. To support the tours the City would also develop a trifold brochure and webpage that could be used to provide additional information on the site to those visiting or who are interested.

4. Estimated reduction in methane gas use anticipated to result from the project.

In determining the estimated reduction in methane gas use, we evaluated a similar sized fire station within the City which currently utilizes natural gas for some of its energy related needs, including appliances and hvac systems. Over the recent one-year period its total usage natural gas usage was 472.99 therms or an average of 39.42 therms per month. As natural gas is made up of a mixture of four naturally occurring gases, one of which is methane, the actual methane gas in that usage would equate to approximately 70-90% of the total.

Beyond considering methane as a primary component of natural gas, methane must also be recognized as a potent greenhouse gas (GHG), which negatively affects the earth’s climate system. Calculating the potential methane emissions created by the above noted natural gas therms, results in a potential release of 7.7099 pounds of methane into the atmosphere. A study conducted by the California Energy Commission in 2018 found that the average methane emissions from California Homes and Combustion Appliances was

34.6Gg or roughly 7.63 pounds which is in line with our calculation.

When considering the concept of reduction of methane gas, leaks from gas pipelines and distribution equipment and within the building itself, must also be factored into the equation along with actual usage. It is thought that these cumulative leakages will double the impact from natural gas combustion over a twenty-year horizon.

While methane from the natural gas system constitutes a smaller portion of the total human related GHG emissions, effective mitigation efforts are available to the vast majority through electrification efforts. According to the 2018 Integrated Energy Policy Report by the California Energy Commission, high rates of building

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electrification were found to be one of the lower-cost and lower-risk pathways to achieving deep decarbonization of buildings in California.
* Natural Gas Methane Emissions from California Homes, California Energy Commission, August 2018

5. Project budget including total cost for the electrification project and source of other funds needed to complete the project. (See example at https://svcleanenergy.box.com/s/3b2y1bnf38ethnq1fx87zwec1xh8mjjy) Project budget underseparate cover.

6. Project workplan and timeline.

The Project Workplan is outlined below:

March 2023 Complete Fire Station Design and Bid Project June 2023 Fire Station Construction Commences
June 2023 Marketing and Communication for Fire Station All-Electric Facility Commences
- Press Release on Grant and Project
- Project Website Live
- City communicates project via City Communication
Channels
July 2023 Complete Park Plaza Demonstration Site Design Complete Demonstration Site Displays Design
March 2024 Construction of Park Plaza Improvements Commences July 2024 Marketing and Communications for City’sfirst All-Electric Facility Opening
- Press Release
- Website updated for tour coordination
- City communicates project via City Communication
Channels
- Tri-fold brochure complete and available
August 2024 Fire Station Complete
Park Plaza Demonstration site Complete Facility Tours Begin

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7. Outreach and community education plan to share the project with the community in order to maximize its benefit as a demonstration site for community electrification. This plan should include approximate details on the intended signage, interpretive information, and/or hosted events that will be a part of the project.

The community outreach and education plan will occur in three phases, project commencement, pre-construction activities, and post-construction activities.

While the long-term significant impact of the demonstration project will occur following the completion of the Fire Station and Demonstration Plaza, the initial phases will be important to share the benefits to the community sooner.

With the commencement of the project the City will utilize the opportunity to share the benefits of electrification with the community. A press release noting the partnership with SVCE and highlighting the construction of the City’s first all- electric facility will be released. The City will use the Fire Department as the lead department highlighting the project, as it is believed that the community has a very high level of trust in its first responders which may lend enhanced interest and credibility to communication efforts.

Creating an all-electric public safety facility will be an additional bonus in communicating the benefits of
electrification. Prior to the press release going live, the City will create a webpage on its website to highlight the project. This webpage will serve as the basis of information for a media campaign conducted by the City. This campaign will utilize the City’s social media and electronic media channels. Additionally, a sign highlighting the facility as an all-electric facility will be placed at the site on Butterfield Boulevard, which receives tens of thousands of cars traveling past it each day.

Following the project commencement communications, the City will enter into the preconstruction phase of outreach and communication. During this phase the City will provide regular communications regarding project construction. This will include updates to the webpage and City outreach using its media channels.

During the construction of the building the City will take extra care to take pictures and document installation of the key all-electric components such as HVAC systems and water heating systems. In addition to project updates through this phase, the City will work to communicate through coordination with our local

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environmental support groups including the high school age Morgan Hill Climate Action Team (MHCAT) and the climate action section of our local AAUW group. Working with these organizations will support additional outreach to the community. These groups will also be asked to provide feedback on the Demonstration Plaza display panels. During this phase the City will also develop the tour scheduling program for groups.

The final phase of communication will occur during the opening of the Fire Station and Demonstration Plaza. For this opening the City will be prepared with the completed demonstration panels and tri-fold brochures. The City will issue a press release with information on the opening of the Station, highlighting it as an all- electric facility. A ribbon cutting event will occur, which will include the ribbon cutting for the Demonstration Plaza as part of the ceremony. Ongoing communications will occur during the first year of operations. Long-term, tours will be available for years to come. Since fire station tours for school groups, scout groups, and others are normal, the Demonstration Plaza and Fire Station will provide for an ongoing system of communication and education. Additionally, the City would be committed to providing tours offered and coordinated by SVCE for other agencies.

8. Your organization’s history of and demonstrated capacity to complete the project including history of community engagement and experience in administering grants.

The City of Morgan Hill has considerable experience with effective management of grant funded projects, including aspects related to implementation, reporting, and completion requirements. The management team complies with the City of Morgan Hill’s Finance Department’s Grant Policy and Procedure guidelines of 2018 and are subject to audit review as applicable.

Morgan Hill currently has an executed grant agreement with SVCE through its Community Grant Resilience Program. This project will design and install a new battery energy storage system, microgrid controller, and sufficient electrical infrastructure to provide utility demand charge reduction and backup power to the site in the case of an electrical grid outage at the City’s Centennial Recreation Center. This project is currently making great progress towards completion, and the co-ordination with the SVCE grant project team has been very effective.

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The City actively engages in numerous grant funding opportunities to support City resources and promote solutions for the various needs of our community. One very successful grant just completed was funded through the State of California Natural Resources Agency, Urban Greening Grant Program- Senate Bill (SB) 859- Greenhouse Gas Reduction Fund. This project added approximately 1.2 miles of Class 1 bicycle and pedestrian pathway along Butterfield Boulevard in Morgan Hill, with approximately 481 trees planted along the pathway. This newly installed bike pathway and associated tree planting demonstrates the City’s goal to provide beneficial and functional assets within the community while promoting climate enhancements.

Two recent grant-funded trailways would include the Madrone Channel Trail and the West Little Llagas Trail. Between these two efforts, the City is successfully managing eight different grant agreements to actualize these projects, which are both nearing completions.

Community Engagement is very important to the City of Morgan Hill as is indicated previously. We make every effort to keep the community informed using a variety of communications channels. In 2021, the City of Morgan Hill released a comprehensive Climate Action Plan (CAP). Development of the CAP goals and action items involved extensive community outreach and engagement. The City held a Community Meeting on the CAP as a kick-off to the outreach effort. Community members were invited to participate in a Working Group. Once formed, the Working Group had substantial involvement in developing the CAP over several months. In addition, a town hall meeting was dedicated to the CAP. City staff and members of the CAP Working Group established a roadmap for GHG reduction that can be implemented to secure a resilient future for the City of Morgan Hill. The development and creation of the CAP is an excellent example of a successful community engagement partnership, which provided for community inputs and discussions through a multitude of avenues.

These outreach efforts for the CAP are on-going, including posting of SVCE messaging and flex alerts to our Facebook pages. We also engage with the AAUW

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Climate Education and Action committee (CEAC) on climate issues. Currently they are helping to engage the community around electrification in support of the goals of the City’s Climate Action Plan.

9. Required Attachments:
• If working with a fiscal sponsor, your fiscal sponsor organization will need to provide:
o Letter of request authorizing your organization to apply to SVCE for the amount you are requesting (Separate Cover).

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Project Budget Template City of Morgan Hill- All-electric Fire Station Project Line Item Description SVCE Grant Funding Other Funding* Total Cost (Line B + C) Electrical Design Elements
Residential Equipment-All Electric
GE 7.5 cu. ft capacity frontload dryer $ 991.44 $ - $ 991.44 GE 4.5 DOE cu. ft capacity frontload washer $ 1,425.83 $ - $ 1,425.83 Refrigerator with bottom freezer and factory
installed icemaker (2) $ 7,427.60 $ - $ 7,427.60
lcemaker $ 838.60 $ - $ 838.60
Electric cooktop $ 4,252.90 $ - $ 4,252.90
Dishwasher $ 1,365.58 $ - $ 1,365.58
Range hood $ 1,218.69 $ - $ 1,218.69
Plumbing $ - $ - $ -
Water Heater, Electric $ 8,300.00 $ - $ 8,300.00
Heating, Ventilating & Air Conditioning $ - $ - $ -
HVAC System. (GSF) $ 362,500.00 $ - $ 362,500.00
Electrical $ - $ - $ -
HVAC and equipment connections (GSF) $ 17,400.00 $ - $ 17,400.00 Convenience Power(GSF) $ 55,100.00 $ - $ 55,100.00
Marketing Materials
Brochures-including design & printing $ - $ 10,000.00 $ 10,000.00 Demonstration Plaza Site
Tables(6) $ - $ 36,000.00 $ 36,000.00
Shade Structure $ - $ 70,000.00 $ 70,000.00
Display Boards/interpretive SignageIncluding design, printing & construction $ - $ 20,000.00 $ 20,000.00 Site Improvements $ 39,179.36 $ 10,820.64 $ 50,000.00
Totals $ 500,000.00 $ 146,820.64 $ 646,820.64
*Other Funding should match Project Funding Sources below.

Please list all the sources of other funding below. The total of Other Funding Sourcesshould match Total Other Funding Contribution above.

Source of Other Funding Monetary In-Kind $ Value
Total Contribution of
Funding from Other Sources
(Line B + C)
Funding Secured
(yes/no)
City of Morgan Hill $ 146,820.64 $ - $ 146,820.64 Yes
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Project Funding Sources

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-18- 1/2023 version
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Totals Other Funding Contributions $ 146,820.64 $ - $ 146,820.64

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SILICON VALLEY CLEAN ENERGY

DECARBONIZATION GRANT PROGRAM AGREEMENT
THIS AGREEMENT is made and effective as of _________, 2023 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and City of Morgan Hill a municipal corporation (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:

2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $95,748, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.

3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:

A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.

C. SVCE shall process requests for payment and remit payment within 30 days.

E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.

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process, Recipient shall follow such process. Recipient may also procure goods and services through California Government Code section 4217.10.

11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:

12. INDEPENDENT CONTRACTOR.

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14. INSURANCE.

D. The insurance limits required by SVCE are not represented as being sufficient to protect Consultant.

Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.

19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.

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21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

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By: _____________________________
Name: Christina Turner
Title: City Manager
By: _____________________________
Name:

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EXHIBIT A
[attach Application]

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17575 Peak Avenue Morgan Hill, CA 95037-4128
TEL: (408) 778-6480
FAX: (408) 779-7236
www.morganhill.ca.gov
November 4, 2022
Silicon Valley Clean Energy 333
W. El Camino Real, #330
Sunnyvale, CA 94087
RE: Community Decarbonization Engagement Grant To:

Silicon Valley Clean Agency Grant Coordinator
The City of Morgan Hill is seeking funding through the Community Decarbonization Engagement Grant Program to assist with the implementation of the City of Morgan Hill’s Climate Action Plan (CAP). We feel that this project is an excellent fit for this grant opportunity with its primary intention of providing meaningful engagement with the community surrounding climate change. The total cost of the project is projected to be approximately $95,748 and the City is requesting consideration of this total amount in grant funding.

The City of Morgan Hill has a key central goal of reducing GHG emissions and reaching carbon neutrality by 2045 and is committed to reaching this goal through a number of sub-goals, action items, and planning efforts as identified in the Morgan Hill 2021 Climate Action Plan (CAP). With the assistance of this grant funding, the City would be well-poised to move forward with the implementation of the outreach, education, and engagement components as outlined in the CAP. Under the messaging umbrella of Morgan Hill, for a Fossil Free Future, the benefits and methods to achieve decarbonization would be communicated to our community through a multitude of activities including the implementation of Clean Air Week, partnering with existing campaigns and community groups, webinars, event participation, surveys, social media, etc. The ultimate goal of the project, through engagement with the community, would be to generate discussion, interest, and presence around the topics of decarbonization and climate change.

We are very excited by the opportunities created by this grant and thank you for considering our application. If you desire additional information, please do not hesitate to contact Tanya Carothers at (408) 763-5200 or [email protected].

Sincerely,
Christina Turner
City Manager

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Application For Submittal

2. One paragraph summary of proposal with amount requested.

The City of Morgan Hill is requesting funding for implementation of the Climate Action Plan (CAP) Outreach and Engagement Project (Project). Currently, the City lacks resources to engage significantly in a meaningful way with the community around climate change. The Project would enable the City to implement the public outreach and engagement component of its recently adopted CAP (December, 2021) which concentrates on reduction of greenhouse gas emissions (GHGs) through the building and transportation sectors. The CAP includes a menu of outreach, education and engagement activities directly focused on decarbonization including establishment and implementation of Clean Air Week, partnering with existing campaigns and community groups, webinars, event participation, surveys, social media, etc. The Project will include these items as deliverables over the course of the two-year grant. The Project messaging will be Morgan Hill, for a Fossil Free Future. The ultimate goal of the project will be to engage with the community to generate discussion, interest and presence around the topics of decarbonization and climate change. The Project will seek opportunities to engage with under-resourced populations when possible, for equitable outreach and distribution of resources.

The City of Morgan Hill is requesting $95,748 to implement the CAP Outreach and Engagement Project.

3. Full description of the community engagement project.

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Success of the CAP Community Outreach and Engagement Project will be measured using an Outreach and Engagement Database that: 1) shows social media post data (e.g. reaches, likes, etc.); 2) tracks numbers of participants at outreach engagements and events; and 3) tracks the number of educational materials given away at each outreach engagement or event. The Project will be administered with oversite from the Environmental Programs Administrator and monitored by following the Work Plan and Timeline shown below under question #5.

The project will include the following components:

Booth Events – Measured by number of events attended by staff, minimum four per year. 1) Conduct CAP outreach and engagement at no less than four local booth events per year for the duration of the grant term (2 years) including Earth Day, Art a la Carte, National Night Out, and one (or more) additional booths to be determined.

Loaner Induction Stove Program – Measured by tracking number of participants. 1) Purchase Induction Stoves
2) Research programs in other jurisdictions
3) Launch a loaner induction program with programming
Outreach Materials and Campaign– Measured by tracking materials disseminated. 1) Research, design and print CAP outreach materials brochures and flyers for dissemination at community events. Promote Morgan Hill, for a Fossil Free Future. Translate key materials into Spanish.
2) Purchase giveaways that promote Morgan Hill, for a Fossil Free Future. 3) Implement an outreach campaign that includes social media, newsletters, publications, etc. to educate about decarbonization.
4) Design and disseminate resources to property owners including lists of contractors, rebate information, and alternative appliance options.

Community Support – Measured by tracking participant numbers.

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1) Create new opportunities for meaningful community engagement through staff availability at community meetings, events, in classrooms, etc.

Surveys and Research – Measured by tracking improvements to the program based on research and survey findings.
2) Identify barriers to electrification in the community through surveys, research, and partnering with community and/or regional groups. Adjust outreach and engagement strategies and messaging to address barriers over the course of the grant term.
3) Complete two (2) surveys during the grant term.

Clean Air Week – Measured by tracking participation to the extent possible. 1) Plan and implement Clean Air Week which could consist of, but is not limited to:
• EV car showcase
• Electric landscaping alternative displays and demonstrations • Vehicle idling reduction promotion in congested areas • Outreach regarding bike lane updates and maps
• Induction cooking display and demonstration
• Other outreach methods to encourage building decarbonization and electric vehicles

4. Project budget including total cost for the electrification project and source of other funds needed to complete the project. (See example at https://svcleanenergy.box.com/s/3b2y1bnf38ethnq1fx87zwec1xh8mjjy) The total cost of the project at the scope proposed is $95,748. Please see the attached budget worksheet for a detailed breakdown of the budget proposed.

5. Project workplan and timeline.

The Project would last two years beginning in January 2023 and ending December 2024.

The Work Plan and Estimated Timeline are presented below - note that timeline is approximate and may not be exact. All deliverables and work listed will be completed.

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Work Plan and Timeline for the
Morgan Hill Climate Action Plan Outreach and Engagement Project YEAR 1 - 2023 YEAR 2 - 2024
January • Recruit and hire a Part Time Teammate
to implement the project
• Start researching outreach methods,
resources, and community barriers to
decarbonization
• Research and engage with existing
community groups, local and regional.
• Research equitable decarbonatization
• Revise outreach materials and
engagement methods based on
Electrification Survey resultsfrom end
of 2023 and lessons learned so far in
the program.
• Update City CAP website
• Update handouts and other outreach
materials
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
February • Research contractors, rebates, and
alternative compliance options for
property owners. Compile information
into handout for outreach events, and
for posting to City website
• Update City CAP Website with
community resourcesfor electrification
and outreach messaging (for a Fossil
Free Future)
• Design outreach flyers/brochures for
dissemination at community events,
utilize research findingsfrom beginning
of year
• Have key outreach materials translated
into Spanish
• Research first year of CAP community
giveaways
• Write a Social Media Plan for Year 1
Posts
• Ongoing outreach and engagement with
community groups
• Research and purchase second year of
CAP community giveaways
• Write a Social Media Plan for Year 2
posts.
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
March • Research and purchase first year of CAP
community giveaways
• Finish design and printing of outreach
flyers/brochures for dissemination at
community events
• Work with Community Engagement
Specialist on a Year 2 Electrification
Campaign for implementation in the
spring including design of a Social
Media Plan, posters, and flyers.

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• Start preparing materials and activities
for April booth events
• Ongoing outreach and engagement with
community groups
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
April • Booth Event preparation
• Booth Event #1: Earth Day
• Booth Event #2: Art A La Carte
• Work with Community Engagement
Specialist on a Year 1 Electrification
Campaign for implementation in the
summer including design of a Social
Media Plan, posters, and flyers
• Research Induction Stoves, design
Induction Stove Loaner Program
• Ongoing outreach and engagement with
community groups
• Booth Event preparation
• Booth Event #1: Earth Day
• Booth Event #2: Art A La Carte
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
May • Finalize Induction Stove Loaner Program
• Finish planning for Year 1 Electrification
Campaign.
• Ongoing outreach and engagement with
community groups
• Finish planning for Year 2
Electrification Campaign
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
June • Roll out Induction Stove Loaner Program
• Implement Year 1 Electrification
Campaign
• Ongoing outreach and engagement with
community groups
• Implement Year 2 Electrification
Campaign
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
July • Plan for Clean Air Week
• Ongoing outreach and engagement with
community groups
• Manage Induction Stove Loaner Program
• Plan for Clean Air Week
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
August • Clean Air Week planning
• Booth Event #3: National Night Out
• Ongoing outreach and engagement with
community groups
• Manage Induction Stove Loaner Program
• Clean Air Week planning
• Booth Event #3: National Night Out
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
September • Clean Air Week planning • Clean Air Week planning

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• Design first year Survey via Utility Bill
inserts
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner Program
• Design second year Survey via Utility
Bill inserts
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
October • Implement Clean Air Week in alignment
with Clean Air Day
• Finish designing first year Survey via
Utility Bill inserts, and send out to
community
• Ongoing outreach and engagement with
community groups
• Manage Induction Stove Loaner Program
• Implement Clean Air Week in alignment
with Clean Air Day
• Finish designing second year Survey via
Utility Bill inserts, and send out to
community
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
November • Compile takeaways and lessonslearned
from Clean Air Week
• Research opportunities to encourage
direct access customers(those businesses
that independently procure electricity) to
switch to carbon-free power. Post
resources/findings to City Website.
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner Program
• Compile takeaways and lessons
learned from Clean Air Week
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program
December • Input first year Survey results into
Surveymonkey and compile analytics
• Ongoing outreach and engagement with
community groups
• Manage Induction Stove Loaner Program
• Input second year Survey results into
Surveymonkey and compile analytics
• Ongoing outreach and engagement
with community groups
• Manage Induction Stove Loaner
Program

6. Your organization’s history of and demonstrated capacity to complete the project including history of community engagement and experience in administering grants.

The City of Morgan Hill has considerable experience with effective management of grant funded projects, including aspects related to implementation, reporting,

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and completion requirements. The management team complies with the City of Morgan Hill’s Finance Department’s Grant Policy and Procedure guidelines of 2018 and are subject to audit review as applicable.

Other recent grant engagements would include the development of numerous pedestrian and bike trails and pathways within the City to promote not only environmental benefits, but public health, economic and transportation benefits, and recreational opportunities. Two recent grant-funded trailways would include the Madrone Channel Trail and the West Little Llagas Trail. Between these two efforts, the City is successfully managing eight different grant agreements to actualize these projects, which are both nearing completions.

Community Engagement is very important to the City of Morgan Hill. We make every effort to keep the community informed using a variety of communications channels. In 2021, the City of Morgan Hill released a comprehensive Climate Action Plan (CAP).

Development of the CAP goals and action items involved extensive community outreach and engagement. The City held a Community Meeting on the CAP as a kick-off to the outreach effort. Community members

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were invited to participate in a Working Group. Once formed, the Working Group had substantial involvement in developing the CAP over several months. In addition, a town hall meeting was dedicated to the CAP. City staff and members of the CAP Working Group established a roadmap for GHG reduction that can be implemented to secure a resilient future for the City of Morgan Hill. The development and creation of the CAP is an excellent example of a successful community engagement partnership, which provided for community inputs and discussions through a multitude of avenues.

These outreach efforts for the CAP are on-going, including posting of SVCE messaging and flex alerts to our Facebook pages. We also engage with the AAUW Climate Education and Action committee (CEAC) on climate issues. Currently they are helping to engage the community around electrification in support of the
goals of the City’s Climate Action Plan.

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Project Budget Template - CAP Outreach and Engagement Project Line Item Description SVCE Grant Funding Other Funding* Total Cost (Line B + C) Part Time Environmental Tech for two years $ 62,370.00 $ - $ 62,370.00 Env. Services Administrator @ 5% for two
years $ 20,378.00 $ - $ 20,378.00
Fossil Free Future - Outreach Event Giveaways
and Booth Supplies ($3000/year) $ 6,000.00 $ - $ 6,000.00 Informational Bruchures, Flyers, Posters Etc.
for Two Electrification Outreach Campaigns
and General Outreach Materials $ 1,000.00 $ - $ 1,000.00 Induction Cooktop Loaner Program - Stove
Purchases + Accessories and Programming (e.g.
cases, demo supplies, etc.), $ 1,000.00 $ - $ 1,000.00
Utility Bill Inserts for Electrification Surveys -
twice in Grant term $ 3,000.00 $ - $ 3,000.00
Clean Air Week - 2 Events $ 2,000.00 $ - $ 2,000.00
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Totals $ 95,748.00 $ - $ 95,748.00
*Other Funding should match Project Funding Sources below.

Please list all the sources of other funding below. The total of Other Funding Sourcesshould match Total Other Funding Contribution above.

Source of Other Funding Monetary In-Kind $ Value
Total Contribution of
Funding from Other Sources
(Line B + C)
Funding Secured
(yes/no)
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
Project Funding Sources

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-18- 1/2023 version
$ - $ - $ -
Totals Other Funding Contributions $ - $ - $ -

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3 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager

ACCEPTANCE OF EAST DUNNE REHABILITATION PROJECT IN THE
AMOUNT OF $2,090,840

RECOMMENDATION(S)

1. Accept as complete the East Dunne Rehabilitation Project;

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

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

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2022-2023 Strategic Priorities
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

On April 20, 2022, the East Dunne Rehabilitation Project was awarded to A. Teichert & Son DBA Teichert Construction in the amount of $2,153,195 with an authorized contingency of $430,639. The project included pavement rehabilitation along East Dunne Avenue between Lower Thomas Grade Road to the easterly City limit (See Attachment 1).

The East Dunne Avenue Rehabilitation Project was programmed by the Federal Highway Administration (FHWA) and CALTRANS to receive $857,000 in federal funding through the One Bay Area Grant Program (OBAG 2). The City is required to follow the procedures and guidelines from the Caltrans Local Assistance Procedure Manual (LAPM) that include but are not limited to: civil rights and disadvantaged business enterprises; advertisement and award of the project; construction contract administration and inspection; and project completion. Additionally, the City is required to maintain project records to support the adequacy of field supervision, inspection and

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3 testing; conformance to contract specifications; and payments to the contractor. The project's files may be reviewed by Caltrans Construction Oversight Engineers throughout construction for compliance with federal and state requirements. Staff will work with CALTRANS to provide all necessary documentation for full reimbursement for this project.

The project's scope of work included the following: pavement milling, pavement rehabilitation, hot mix asphalt concrete pavement, replacement of existing traffic striping and legends, and utility adjustments.The project began on July 5, 2022 and was substantially completed by February 1, 2023. Three change orders were authorized with a final deduction of $62,355 for the project (Attachment 2). The final construction contract with Teichert Construction is $2,090,840.

Staff recommends the acceptance of this project as it is complete in accordance with the plans and specifications and directs the City Clerk to file the Notice of Completion (Attachment 3).

COMMUNITY ENGAGEMENT:

Inform
Prior to and during construction, City staff coordinated construction activities and roadway closures through citywide emails, social media posts, and the City's website.

Regular updates were made to inform the community of traffic impacts caused by the construction of this project. The contractor provided written notification to affected residents and/or businesses through mail in advance of commencement of work.

ALTERNATIVE ACTIONS:

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

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• On April 4, 2018, the City Council approved a resolution of local support for this specific project and authorized the filing of the grant application. • On April 3, 2019, City Council approved a funding agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Local Streets and Roads Program.
• On June 17, 2020, the City Council adopted the FY 2020-21 through 2025-26 Capital Improvement Project.
• On October 20, 2021, the City Council approved CALTRANS Disadvantaged Business Enterprise (DBE) Implementation Agreement in association with the East Dunne Pavement Rehabilitation Project.
• On March 2, 2022, the City Council received an update regarding pavement rehabilitation planning for calendar years 2021 through 2024.

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3 • On April 20, 2022, the City Council awarded East Dunne Avenue Rehabilitation Project to A. Teichert & Son, Inc. DBA Teichert Construction.

FISCAL AND RESOURCE IMPACT:

The final contract amount for the East Dunne Rehabilitation Project is $2,090,840 (including three change orders in the amount of -$62,355.42). The project was awarded to A. Teichert & Son, Inc. DBA Teichert Construction in the amount of $2,153,195 with an authorized contingency of $430,639 (Total of $2,583,834). This project is funded in the adopted Capital Improvement Program budget, under Project #519000 - Pavement Rehabilitation, funded by the Street CIP Fund (308). The balance of $492,994 will be returned to the Street CIP Fund (308).

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance, or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.

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Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community 0 375 750 1,500 2,250 3,000
Feet

PROJECT MAP

EAST DUNNE AVENUE

REHABILITATION PROJECT
STPL-5152(022)
E. Dunne Ave.

LOWER
THOMAS GRADE RD.

EASTERN CITY LIMITS
Document Path: G:\R-14\PROJ\GIS\Lynette_DunneAvePavement_ProjectMap2.mxd E. D
u
n
n
e
Ave.

Engineering and Utilities Division
Capital Improvement Program
O

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CIP Contract Acceptance
Funding Closeout Statement
Project: East Dunne Rehabiliation Project
Project No: 519000
Date of Project
Award: 20-Apr-22 Project AwardAmount:

Funding Source: F308
Contingency
Authorized:

Date of Project
Acceptance: 1-Mar-23 Total Authorized:

Actual Base
Contract Spent:

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

Change from 2" overlay to 3" Mill and Fill
(Station 35+50 to 68+66) 15-Jun-22 N
C.O. #2:

Add 2 rumble strips in place of bot dots and add
4 arrows
10-Oct-22 N
C.O. #3: Overage and Underage on Overall Project 31-Jan-23 N Total C.O.:

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

Construction Fund Balance: $492,994.42

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$2,153,195
$430,639
$2,583,834
$2,153,195
$232,437.60
$10,050.00
-$304,843.02
-$62,355.42
$2,090,839.58

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

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

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

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

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

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

XX Fee ownership __ Lessee __ Other:

5. Construction work on the Project performed on Owner’s behalf is generally described as follows: Pavement Rehabilitation within City of Morgan Hill

6. The name of the original Contractor for the Project is: Teichert Construction

7. The Project was completed on: February 1, 2023

8. The Project is located at: East Dunne Avenue from City Limits to Lower Thomas Grade Road
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Scott Creer, City Engineer

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4 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager
ACCEPT 2022 PAVEMENT REHABILITATION PROJECT IN THE
AMOUNT OF $4,001,888

RECOMMENDATION(S)

1. Accept as complete the 2022 Pavement Rehabilitation Project;

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

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

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

On June 1, 2022, the 2022 Pavement Rehabilitation Project was awarded to A. Teichert & Son, Inc. DBA Teichert Construction in the amount of $3,879,053 with an authorized contingency of $387,906. The project included pavement rehabilitation at the following locations (Vicinity Map 1, 2, 3):
• Murphy Avenue (San Pedro Avenue to Barrett Avenue)
• Hill Road (East Dunne Avenue to Barrett Avenue)
• Condit Road (San Pedro Avenue to Barrett Avenue)
• East Dunne Avenue (Hill Road to Thomas Grade Road)
• Jackson Oaks Drive
• White Oak Court
• Oak Hill Court
• Oak Wood Court

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4 • Oak Canyon Drive
• Live Oak Court
• Oakridge Court
• Ridgeview Court
• Rustling Oak Court (Rustling Oak Lane not included)
• Church Street (Approximately 231' North of San Pedro Avenue to Tennant Avenue)
• Mast Street (Vineyard Boulevard to Church Street)
• Vineyard Boulevard (Tennant Avenue to Mast Street)
• West Main Avenue (DeWitt Avenue to John Telfer Drive) • Via Grande Court
• Hidalgo Court
• La Giralda Court
• Thomas Grade
• Jackson Oaks Court
• El Toro Court
• Lindo Lane
The project's scope of work included the following: pavement milling, pavement rehabilitation, hot mix asphalt concrete overlay, full-depth asphalt concrete repairs, crack sealing, replacement of existing traffic striping and legends, utility cover adjustments, traffic signal loop detector replacement, etc. During construction, additional pavement rehabilitation work was added to the project on Hill Road between San Pedro Avenue and Barrett Avenue. The project began on July 5, 2022 and was substantially completed by November 18, 2022. Four change orders were authorized in the amount of $122,835.34 (Attachment 2). The final construction contract with Teichert Construction is $4,001,888.34.

While repaving Lindo Lane, a section of unstable subgrade was encountered between Del Monte Avenue and El Toro Court. As a result, the new pavement section was affected and will need to be addressed in the future.

Staff recommends accepting this project as it is complete in accordance with the plans and specifications and directing the City Clerk to file the Notice of Completion (Attachment 3).

COMMUNITY ENGAGEMENT:

Inform
Prior to and during construction, City staff coordinated construction activities and roadway closures through citywide emails, social media posts, and the City's website.

Regular updates were made to inform the community of traffic impacts caused by the construction of this project. Additionally, the contractor provided written notification to residents and/or businesses that were directly affected by the construction of this project in advance of commencement of work.

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4 ALTERNATIVE ACTIONS:

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
* On June 17, 2020, the City Council adopted the FY2020-21 through 2025-26 Capital Improvement Project.
* On March 2, 2022, the City Council received an update regarding pavement rehabilitation planning for calendar year 2021 through 2024. * On April 20, 2022, the City Council awarded the partially federal grant funded East Dunne Pavement Rehabilitation Project to Teichert Construction. * On June 1, 2022, the City Council awarded the 2022 Pavement Rehabilitation project to Teichert Construction.

FISCAL AND RESOURCE IMPACT:

The final contract amount for the 2022 Pavement Rehabilitation Project is $4,001,888.34 (Including four change orders in the amount of $122,835.34). The project was awarded to A. Teichert & Son, Inc. DBA Teichert Construction in the amount of $3,879,053 with an authorized contingency of $387,906 (Total of $4,266,959). This project is funded in the adopted Capital Improvement Program budget, under Project #519000 - Pavement Rehabilitation, funded by the Street CIP Fund (308). The balance of $265,070.66 will be returned to the Street CIP Fund (308).

CEQA (California Environmental Quality Act):

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G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
2022 PAVEMENT

REHABILITATION PROJECT
Thomas Grde
O
820 0 820 1,640 2,460 410
Feet
Rustling Oak Ct
Oakwood Ct
Oak Canyon Dr
Oakridge Ct
Jackson Oaks Dr
Oak Hill Ct
Jackson Oaks Ct
Live Oak Ct
Oakridge Rd
White Oak Ct
Ridgeview Ct

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G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
2022 PAVEMENT

REHABILITATION PROJECT O
820 0 820 1,640 2,460 410
Feet
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
Church St
Vineyard Blvd
MastSt
W Main Ave
(Dewitt Ave to John Telfer)
Via Grande
Hidalgo Ct
La Giralda Ct
Lindo Lane
El Toro Ct

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G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
2022 PAVEMENT

REHABILITATION PROJECT O
820 0 820 1,640 2,460 410
Feet
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
Murphy Ave
(San Pedro Ave to Barrett Ave)
E Dunne Ave
(Hill Rd to Thomas Grade)
Hill Rd
(E Dunne Ave to Barrett Ave)
Condit Rd
(San Pedro Ave to Barrett Ave)

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CIP Contract Acceptance
Funding Closeout Statement
Project: 2022 Pavement Rehabilitation Project
Project No: 519000
Date of Project
Award: 1-Jun-22 Project Award Amount: $3,879,053
Funding Source: F308
Contingency
Authorized: $387,906
Date of Project
Acceptance: 1-Mar-23 Total Authorized: $4,266,959
Actual Base
Contract Spent: $3,879,053
Change Orders
Description Date
Council Approval
Reqd? (Y/N)
C.O. #1: Additional AC Berm not on Plans 1-Sep-22 N $18,125.00 C.O. #2: Change from Type II Slurry to Cape Seal 1-Sep-22 N $42,740.78 C.O. #3:

Additional 3" Mill and Fill at Hill Road from
San Pedro Avenue to Barrett Avenue,
Additional striping, and lower utility cover
not on plans at Jackson Oaks Drive
1-Sep-22 N $220,764.60
C.O. #4: Contract Overage and Underage Unit Items
and Miscellaneous Additional Work 21-Dec-22 N -$158,795.04 Total C.O.: $122,835.34
Additional Appropriations
Source Amount Date
Total
Construction
Amount (Base
Contract plus
CO's): $4,001,888.34
Construction Fund Balance: $265,070.66
None

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

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

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

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

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

XX Fee ownership __ Lessee __ Other:

5. Construction work on the Project performed on Owner’s behalf is generally described as follows:
2022 Pavement Rehabilitation Project within City of Morgan Hill

6. The name of the original Contractor for the Project is: Teichert Construction

7. The Project was completed on: November 18, 2022

8. The Project is located at:
• Murphy Avenue (San Pedro Avenue to Barrett Avenue)
• Hill Road (East Dunne Avenue to Barrett Avenue)
• Condit Road (San Pedro Avenue to Barrett Avenue)
• East Dunne Avenue (Hill Road to Thomas Grade Road)
• Jackson Oaks Drive
• White Oak Court
• Oak Hill Court
• Oak Wood Court
• Oak Canyon Drive
• Live Oak Court
• Oakridge Court
• Ridgeview Court
• Rustling Oak Court (Rustling Oak Lane not included)
• Church Street (Approximately 231' North of San Pedro Avenue to Tennant Avenue) • Mast Street (Vineyard Boulevard to Church Street)
• Vineyard Boulevard (Tennant Avenue to Mast Street)
• West Main Avenue (DeWitt Avenue to John Telfer Drive) • Via Grande Court
• Hidalgo Court
• La Giralda Court
• Thomas Grade
• Jackson Oaks Court
• El Toro Court
• Lindo Lane
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.
__________________________ ________________________________ Date and Place Signature
________________________________
Scott Creer, City Engineer

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5 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:

Mario Ramirez, Police Captain
APPROVED BY: City Manager

ACCEPT DONATION FROM COMMUNITY LAW ENFORCEMENT

FOUNDATION

RECOMMENDATION(S)

2. Adopt a resolution to amend the City’s Fiscal Year 2022-23 General Fund budget, accepting a donation of $38,595 and appropriating $38,595.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:

The Community Law Enforcement Foundation (CLEF) of Morgan Hill is a not-for-profit volunteer organization dedicated to supporting and promoting public safety through partnerships that provide resources to enhance the operation of the Police Department.

CLEF Board of Directors and volunteers work to raise funds for the purchase of equipment and materials that are not within the Department’s operating budget.

1. The CLEF Board of Directors approved the purchase of 200 Canine Challenge

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5 Coins for the Police Department’s Canine program. CLEF purchased the challenge coins with its own funds and donated the coins to the Police Department. The canine challenge coin will be used as a public relations commodity to build positive relationships between the Police Department and the community. The Canine Challenge Coins are valued at $1,921.12.

2. The CLEF Board of Directors approved a cash donation in the amount of $8,726.87 to reimburse the City of Morgan Hill for the expenditures associated with purchasing a Jamar Technologies Traffic Data Radar ($5,624.17) and 8 Police Office Honor Guard uniforms ($3,102.70). The Traffic Data Radar provides the Police Department’s Traffic Team with objective vehicle speed data for targeted directed enforcement.

3. The CLEF Board of Directors approved a cash donation in the amount of $29,867.68 to reimburse the City of Morgan Hill for expenses related to the December 10, 2022, Gun Buyback Event. CLEF was the non-profit organization selected by the Santa Clara County District Attorney's Office as the fiduciary organization to issue payments for the guns turned in at the buyback event. The left-over funds were allocated to reimburse agencies for expenses (to include overtime) related to the event.

The Gun Buyback funding was provided by the Santa Clara County Board of Supervisors and Santa Clara County District Attorney's Office. The Morgan Hill Police Department’s expenditures totaled $25,327.48. The Gilroy Police Department will be invoicing the City of Morgan Hill for their staff time, which totaled $4,540.20. The total reimbursement to the City of Morgan Hill is $29,867.68.

COMMUNITY ENGAGEMENT:

This staff report will serve as notification to the community of the donation from CLEF for the Canine Challenge Coins and the monetary donation of $38,594.55 towards reimbursement for the purchase of the Jamar Technologies Traffic Data Radar, the honor guard uniforms, and the Gun Buyback expenditures.

ALTERNATIVE ACTIONS:

City Council could decide not to receive the funds and/or Canine Challenge Coins.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council has previously accepted donations from CLEF to enhance the Police Department’s operations every year since 2010. CLEF’s total donations to date have exceeded $225,000. The budget appropriations for those donations were approved and incorporated into the respective year’s budget.

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5 FISCAL AND RESOURCE IMPACT:

The City will recognize $38,594.55 as revenue towards CLEF Donations (010.37516), appropriate a maximum of $8,726.87 in Field Operations in other supplies (010.3210.42248) for the cost associated with the Jamar Technologies Traffic Data Radar and the Honor Guard Uniforms, and appropriate $29,867.68 in the Field Operations supplies and services account (010.3210.42248) for the cost associated with the Gun Buyback.There is no fiscal impact for the Canine Challenge Coin donation.

A Budget Scorecard is attached.

CEQA (California Environmental Quality Act):

Not a Project
Continuing administrative activities, such as purchases for supplies and equipment, is not a project subject to environmental review.

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__________________________________________________________________________________________ 16200 Vineyard Boulevard, Morgan Hill, California 95037 T: (408) 776-7300 F: (408) 776-7328 www.morganhill.ca.gov

MORGAN HILL POLICE DEPARTMENT
16200 Vineyard Blvd., Morgan Hill, CA 95037 Office: (408)779-2101 Fax: (408)776-7328 Stratton Campaign Style Felt Hat - $160.00
Silver Cord for hat - $17.00
White Shoulder Cord - $19.00
White Gloves - $22.00 a pair
White Flying Cross uniform shirt - $60.00
Bates High Gloss Oxford Shoes - $70.00

Page 103 of 412 ends

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[Your Company Slogan] 13512
Point Emblems
1885 W. 5075 S. INVOICE NO. 13512
Roy, Utah 84067 DATE August 29, 2022
385-206-3115 CUSTOMER ID
[email protected]
TO SHIP TO Morgan Hill Police Department
Sergio Pires
16200 Vineyard Blvd.

Morgan Hill, CA 95037
669-253-4983

SALESPERSON JOB SHIPPING
METHOD

SHIPPING
TERMS

DELIVERY
DATE

PAYMENT

TERMS DUE DATE
Dixi PTE-9515 FEDEX 2-3 business days 5-7 Weeks UPFRONT 5-7 Weeks QTY ITEM # DESCRIPTION UNIT PRICE LINE TOTAL
200.00 1.75" Cut Shaped, Hard Enamel, Antiqued $8.55 $1,710.00

1.00 Shipping and Handling $50.00 $55.00
-
Payment Due Upfront - Check, Direct Deposit or Credit Card

TOTAL DISCOUNT
Payment is due within 30 days of receiving product on all PO's.

After 60 days there will be a 5% penalty, after 90 days there will be a 10% penalty.

SUBTOTAL $1,765.00
SALES TAX 9.13% $156.12
TOTAL $1,921.12
Make all checks payable to Point Emblems
THANK YOU FOR YOUR BUSINESS!

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORGAN HILL APPROVING AN AMENDMENT TO THE
CITY’S FISCAL YEAR 22-23 BUDGET ACCEPTING A
DONATION OF $38,595 FROM CLEF AND APPROPRIATING
$38,595 FOR THE PURCHASE OF EQUIPMENT AND EXPENSES

RELATED TO GUN BUYBACK EVENT
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 purchase described in, and that is the subject of, this Resolution are set forth in detail in that certain City Council Staff Report entitled Accept a donation 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’spreviously adopted Annual Budget for Fiscal Year 22-23, 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 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 meeting 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 activities allowed under this Resolution do not constitute a project under the provisions of California Environmental Quality Act of 1970; 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:

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a. That the City is in support of the payment for the purchase equipment and expenses related to Gun Buyback Event; and
b. That the City’s previously adopted Fiscal Year 22-23 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 thisreference; and
c. 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 22-23 Budget of the City; and d. That the City Manager is hereby delegated authority to and is authorized to take all other ministerial actions that may be necessary or appropriate to implement the provisions of this Resolution.

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

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AGENDA BUDGET SCORECARD
FISCAL YEAR 2022-2023
ADJUSTMENT # 004
FUND: 010 General Fund
DEPARTMENT: 3210 Police-Patrol
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 - 15,200 15,200 -

TO RECOMMENDED ACTION
RECOMMENDED ACTION 38,595 38,595 -
RESULT OF RECOMMENDED ACTION 33,685,888 50,565,364 55,883,889 28,367,363 Accept CLEF Donation
Exhibit A

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6 CITY COUNCIL STAFF REPORT
MEETING DATE: March 15, 2023
PREPARED BY:

Jennifer Ponce, OES Coordinator
APPROVED BY: City Manager
ACCEPT 2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT

AND ADOPT RELATED RESOLUTIONS

RECOMMENDATION(S)
Adopt resolution:

1. Authorizing the City Manager to execute and administer the Memorandum of Understanding with the County of Santa Clara for the 2022 Emergency Management Performance Grant; and

2. Amending the City’s Fiscal Year 2022-23 adopted budget to recognize revenue and appropriate related expenditures, in the amount of $15,200 from the General Fund.

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

The County Civil Protection and Emergency Services Ordinance establishes the Operation Area Council (OAC) and endows the OAC with governing body authority to enhance planning and preparedness for large-scale emergencies in the Santa Clara Operational Area, including by making funding allocation decisions for the Emergency Management Performance Grant (EMPG) funding awarded by the United States Department of Homeland Security to the California Office of Emergency Services (“Cal OES”), and subsequently sub-awarded to the County.

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6 Cal OES is expected to award Santa Clara County 2022 EMPG funding in the amount of $623,063 for the purpose of sustaining and improving comprehensive emergency management programs.

Per the Memorandum of Understanding (MOU) with the County, Morgan Hill will receive up to $15,200 in grant funds for equipment to enhance the Emergency Operations Center (EOC) technology capabilities for use by the City’s EOC team during training, exercises and activations.

Although the grant amount is within the City Manager’s signatory authority, pursuant to the Grant Certification and Assurances, the governing body must authorize the acceptance and approval of the grant expenditure.

COMMUNITY ENGAGEMENT:

Inform
This grant is administered by the County of Santa Clara with funds that originate with FEMA. The City is eligible to receive the grant funding as part of the EMPG program.

This staff report serves to inform the community of the City’s grant award and subsequent expenditures and activities associated with the grant funds.

ALTERNATIVE ACTIONS:

One alternative action by the Council could be to decline the funds for the EOC equipment. Without approval, the EOC would continue to function without enhanced technology capabilities.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

In 2022, City Council accepted the EPMG grant for the 2021 cycle year.

FISCAL AND RESOURCE IMPACT:

The City will recognize $15,200 in grant revenue towards the Homeland Security Grant account (010.37561) and appropriate this maximum of $15,200 in expenditures to the Office of Emergency Services operating budget (010.3230.42245). A Budget Scorecard is attached.

CEQA (California Environmental Quality Act):

Not a Project

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AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND

THE CITY OF MORGAN HILL GRANTING PROGRAM FUNDS FOR THE
2022 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG1)
THIS AGREEMENT is made effective July 1, 2022, by and between the County of Santa Clara (“County”) and the City of Morgan Hill (“City”) for the allocation and distribution of 2022 Emergency Management Performance Grant (“EMPG”) funds.

RECITALS
WHEREAS, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos and Los Altos Hills, and the County of Santa Clara are parties to the 1994 Operational Area Interim Agreement; and
WHEREAS, the Santa Clara County Emergency Operational Area Council (“EOAC”) is the advisory body of the Santa Clara Operational Area in matters affecting disaster preparedness throughout the Operational Area. EOAC membership includes 5 city council members representing cities in the Operational Area as well as representatives of the Santa Clara Valley Water District, Office of the County Executive, County Board of Supervisors, City Managers’ Association, Police Chiefs’ Association, Fire Chiefs’ Association, County Public Health Department, County Social Services Agency, County Emergency Medical Services Agency, Santa Clara Valley Transportation Authority, and emergency management representatives; and
WHEREAS, the County Emergency Management Ordinance establishes the EOAC and endows the EOAC with authority to enhance planning and preparedness for large-scale emergencies in the Santa Clara Operational Area, including by making funding allocation recommendations for EMPG funding awarded by the United States Department of Homeland Security to the California Governor’s Office of Emergency Services (“Cal OES”), and subsequently sub-awarded to County; and WHEREAS, Cal OES has awarded County 2022 EMPG funding in the amount of $623,063 for the purpose of sustaining and improving comprehensive emergency management programs; NOW, THEREFORE, this AGREEMENT is to allocate the sum of $15,200 from County to City, so that City may implement the “EOC Technology” and “CSTI and Emergency Manager Training” projects as provided under this Agreement and specified in the EMPG Grant Certifications and Assurances, Exhibits B, C & D. The performance period for County for this grant expires on June 30, 2024. The performance period for City for the subgrant expires on March 31, 2024.

County and City agree as follows:

THE AGREEMENT
Article I. Definitions

1. Specific Terms
(a) “Burdened Labor Rate” shall mean the labor rate including benefits, taxes and other 1 2021 Homeland Security Grants, version 1

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deductions from an employee’s paycheck. This rate does not include vacation benefits. The hourly burdened labor rate is used to calculate City’s match obligation. (b) “City” shall mean the City of Morgan Hill, its officers, board members, employees, and agents.
(c) “County” shall mean the County of Santa Clara, its officers, board members, employees, and agents.
(d) “EMPG funds” or “EMPG funding” shall mean the funding City receives under this Agreement.
(e) “Emergency Operations Center” or “EOC” shall mean the physical location at which the coordination of information and resources to support incident management (on-scene operations) activities normally takes place.
(f) “Federal Program Guidance” shall mean guidance documents issued by the Federal Emergency Management Agency, including the EMPG Program Funding Opportunity Announcement, for Fiscal Year 2022.
(g) “Grant Certifications and Assurances” shall mean the FY21 “Standard Assurance For Cal OES Federal Non-Disaster Grant Programs” (EXHIBIT B), “Certification Regarding Lobbying” (EXHIBIT C), and “Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure” (EXHIBIT D).
(h) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or more per year.
(i) “Prime Recipient” shall refer to County.
(j) “Project Manager” shall refer to the City employee identified as “Requestor” on an EMPG Project Proposal form.
(k) “Spend Plan” shall mean a written document that explains the project on which City intends to spend 2022 EMPG funding, including project deliverables and milestone dates by which any funds allocated to City must be spent.
(l) “State Guidance” shall mean the California Supplement to the Federal Notice of Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2022 for Emergency Management Performance Grants.
(m)“Subgrant” shall mean funds awarded to the City under this Agreement. (n) “Sub-Recipient” shall refer to City.

2. References to This Agreement
Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other

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documents incorporated by reference into this Agreement; (d) all amendments, modifications, or supplements to this Agreement.

Article II. Allocation and Spend Plans

1. Allocation.

The 2022 EMPG funds shall be disbursed pursuant to the County’s FY 2022 EMPG Grant application for each City. County shall reimburse to City funds that City expends under the 2022 EMPG program for eligible expenditures. The amount for City shall not exceed $15,200 unless additional funds become available under the 2022 EMPG program following the execution of this Agreement. If additional funds are allocated, an amendment to this Agreement shall follow.

City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City until County and City have fully and finally executed this Agreement.

City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City unless and until the State of California has approved $623,063 in FY 2022 EMPG funding.

2. Spend Plans
Upon execution of this agreement, City shall provide County with Spend Plans for review by County’s Office of Emergency Management (“OEM”) Director or designee. All Spend Plans must be approved by County’s OEM Director or designee based on projects County has submitted to the State for the 2022 EMPG program. If County’s OEM Director does not approve City’s Spend Plan, County OEM shall notify City, and City shall have 10 days from the date of the notice to submit a revised Spend Plan to County OEM for approval or risk reallocation of funds. City’s Spend Plans are a required part of this MOU.

Article III. Requests for Reimbursement and Reimbursements

1. Required Documentation for Reimbursement
The EMPG is a reimbursement grant under which Cal OES disburses reimbursement funds to County, and County disburses reimbursement funds to City. No cash advances are permitted under the EMPG program.

The EMPG is a matching funds grant that requires City to provide a dollar-for-dollar match for any EMPG funds it receives. All invoices/ requests for reimbursement from City must include appropriate documentation such as receipts or payment records as well as other documentation required under Federal or State grant program requirements (see Article III). (a) Requests for Equipment
City is solely responsible for procuring any equipment under this Agreement in accordance with the most current applicable Federal requirements for procuring grant-funded equipment; and, if more restrictive, applicable City procurement policies and requirements.

Prior to purchasing any equipment under this Agreement, when required, City must submit an

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Environmental and Historic Preservation (EHP) Screening form and receive written approval from FEMA.

The following documentation must be provided along with any reimbursement requests for equipment:
• Quote or solicitation documents
• Summary of pricing and chosen vendor
• Documentation that vendor is not on the excluded parties list (https://sam.gov/) a printout of the search result page will suffice) • Purchase order and/or contract
• Receiving documentation/packing slip
• Invoice
• Proof of payment
All equipment must be indicated in the Spend Plan City submits to County, and must be authorized per the web-based Authorized Equipment List published by FEMA and available via:
https://www.fema.gov/authorized-equipment-list.
(b) Subcontracts
Subcontracts totaling $25,000 or more require preapproval from County. If City is allowed to award subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit E, within 30 days of the award. The following information must be included in City’s report on any sub-award exceeding $25,000:
• Name of entity receiving award;
• Amount of award;
• Funding agency;
• Catalog of Federal Domestic Assistance program number; • Award title (descriptive of the purpose of the funding action); • Location of the receiving entity and primary location of performance including city, state, and federal Congressional district;
• Federally issued “Unique Entity ID” of the receiving entity, and of its parent if applicable; and
• Total compensation and names of receiving entity’s five most highly compensated executives if:
o In the preceding fiscal year, the subcontractor received 80 percent or more, and $25,000,000 or more, of its gross annual revenue from federal procurement contracts or subcontracts or from federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.230; and o The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(a), 78o(d), or under section 6104 of the Internal Revenue Code of 1986.
o City must report subcontractor executive compensation by the end of the month following the month in which it makes the subaward. For example, if the

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subaward is obligated in any date in April 2023, City must report any required compensation information by May 31, 2023.

Classified information that, in the interest of national security, requires protection against unauthorized disclosure (i.e., information deemed Top Secret, Secret, or Confidential under Executive Order 12958) is exempt from the Prime and Sub-Recipient reporting requirements, as are contracts with individuals.
(c) Sole Source Contracts
Sole source contracts of $250,000 or more are not allowable under the EMPG program unless first approved by Cal OES. City must obtain sole source request documentation and submit it to the Grants Manager of County’s OEM. Upon City’s completion and submission of the required sole source documentation, County’s Grants Manager shall forward all sole source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole source procurement be completed and expenditures reimbursed using EMPG allocated funds. All sole source procurements must follow the most current applicable Federal procurement requirements for grants and, if more restrictive, City’s own procurement policies. (d) Grant Funded Personnel
EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding.

This includes M&A staff funded by EMPG Program funds. All EMPG Program funded personnel shall complete the training requirements in Article IV, Section 2 (c) by December 31, 2023.

Recorded proof of completion, such as all certificates of completion, must be submitted by the City to County (OEM) before any reimbursements to the City will be made. In any case, proof of completion must be provided by December 31, 2023.

Documentation of participation in exercises is also required by the grant and progress towards meeting this requirement must be reported to the grant manager at least quarterly.

Time reporting requirements: To receive payments for personnel costs, City must submit time and payroll documentation that meets Federal Grant, State Grant (Cal OES) and County reporting requirements.
(e) Other Requests
The following documentation is required for all reimbursement requests for contractors:
• Quote or solicitation documents
• Executive summary of how contractor was chosen
• Documentation that vendor is not on the excluded parties list (https://www.sam.gov/) (a print-out of the search result page will suffice)
• Purchase order and/or contract
• Invoice showing deliverables and milestones completed • Proof of payment

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• Financial Disclosure Form (Exhibit E) if awarded contract exceeds $25,000

2. Submission of Requests for Reimbursement
(a) City shall submit reimbursement requests to County’s OEM on a quarterly basis, as detailed in the chart below. Unless pre-approved by County’s OEM Director or designee, all reimbursement requests shall be due fifteen calendar days after the end of the quarter, with the exception of the final expenditure and/or invoice, as indicated below. Any expenditure during the final period identified in the chart below shall be made by March 15, 2024, and any related invoice shall be submitted by March 31, 2024, unless otherwise pre-approved by County’s OEM Director or designee, in order to meet 2022 EMPG deadlines.

Reimbursement requests shall be due for expenditures during specified periods as follows:

For Expenditures During the Period: Due Dates for Reimbursement Requests:

July 1, 2022 through December 31, 2022 January 20, 2023 January 1, 2023 through June 30, 2023 July 20, 2023
July 1, 2023 through December 31, 2023 January 20, 2024 January 1, 2024 through March 15, 2024 March 31, 2024
(b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after the due dates for reimbursement requests for expenditures within a given quarter as specified above in Article II, Section 2(a). (c) All grant funds not claimed by City via a proper reimbursement request, which includes all required documentation, by April 15, 2024 will be forfeited. County may then determine how to spend those funds in accordance with grant requirements.

Article IV. Use of Funds

1. Master Grant Obligations
(a) City shall comply with the EMPG Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as Exhibits B, C & D. City shall require any subgrantee, contractor, or other entity receiving EMPG funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that subgrantee, contractor, or other entity complies with the Grant Certifications and Assurances.
(b) City shall ensure its Project Manager attends a grant kickoff meeting with County OEM staff.

Additionally, City shall ensure its Project Manager is available to meet with County OEM staff upon request during the period of this agreement to report on progress on each project funded under this Agreement.
(c) City shall comply with all other applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement, provided that if any provisions of this Agreement conflict with any State requirements, the State requirements will control. City shall ensure that any subgrantee, contractor, or other entity

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receiving EMPG funds through or from City complies with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement.
(d) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive EMPG funds. In addition, City shall ensure and independently verify that any subgrantee, contractor, or other entity receiving EMPG funds through or from City is not debarred, suspended, or otherwise excluded from participation in the EMPG program.

City shall maintain documentary proof of this verification in its files.

2. Scope of Services
(a) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2022 EMPG program, as indicated in Exhibit E, Program Narrative. City shall not use the funds granted under this Agreement for any other purpose.

County shall not be required to disburse funds to or otherwise pay City for services, materials, equipment, or supplies provided by City that are beyond the scope of the services, materials, equipment, or supplies agreed upon in this Agreement or a lawfully executed written amendment.

Indirect costs are allowable under the FY22 EMPG grant. Allowability of Indirect costs does not increase the total amount of the State, Operational Area or other sub-recipient (i.e. jurisdictions) grant awards. Claims for indirect costs therefore necessarily decrease the federal funds available to pay for direct project costs. Subawards are based on the direct cost of approved projects. Sub-recipients wishing to claim indirect costs must use an indirect cost rate in compliance with the most current applicable Federal guidance and regulations including 2 C.F.R. § 200.68 and Subpart E.
(b) All EMPG grant-funded personnel (e.g. an Emergency Preparedness Planner employed by the City under this grant) shall participate in no less than two exercises in a 12-month period. These exercises must align to an identified priority area. EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding. This includes contracted personnel, as well as M&A staff funded by EMPG grant funds. There is no specific requirement for level of “participation” in the exercises – i.e., observation and attendance satisfies the objective. The exercises can be of any type (e.g., Drills, Tabletop Exercises, or Functional) within the performance period (see https://hseep.dhs.gov).

Participation in exercises by grant funded staff must be reported quarterly to ensure adequate progress is being made toward meeting this requirement. (c) To ensure the development of a professional emergency management workforce, all EMPG grant-funded personnel shall complete the following 11 training requirements and shall record proof of completion:
• National Incident Management System (NIMS) Training:
i. IS 100 Introduction to Incident Command System
ii. IS 200 ICS for Single Resources and Initial Action Incident iii. IS 700 National Incident Management System, An Introduction

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iv. IS 800 National Response Framework, An Introduction • FEMA Professional Development Series:
v. IS 120.c Introduction to Exercises
vi. IS 230.e Fundamentals of Emergency Management
vii. IS 235.c Emergency Planning
viii. IS 240.b Leadership and Influence
ix. IS 241.b Decision Making and Problem Solving
x. IS 242.b Effective Communication
xi. IS 244.b Developing and Managing Volunteers
The aforementioned courses are all available for free on-line at the following links:
http://training.fema.gov/IS/NIMS.aspx & http://training.fema.gov/emiweb/PDS/ Note: The “G” course series and classroom-based equivalents can be used as an alternate to satisfy these training requirements. Past completion of the above courses (or qualifying equivalent) may be considered acceptable in meeting this requirement.

Article V. Term and Termination

1. Term of Agreement
This Agreement is effective from July 1, 2022 through June 30, 2024—the FY 2022 EMPG performance period established by Cal OES for the County.

2. Availability of Funds
(a) The parties acknowledge and agree that this Agreement is dependent upon the availability of County, regional, State and/or federal funding.
(b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount. (c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources.

3. Termination
(a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice. (b) Termination for Cause. Either party may terminate this Agreement for cause upon written

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notice to the other party. The written notice shall specify the date on which termination shall become effective, which shall be no less than thirty (30) days from the date of the notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable EMPG guidelines.
(c) Opportunity to Cure. In the event of termination for material breach of this Agreement, the non-breaching party shall give written notice of the breach to the breaching party, specifying the breach/cause. The breaching party shall not be deemed in default and the non-breaching party shall not institute proceedings or exercise any remedies against the breaching party unless the breach has not been cured, corrected or remedied within thirty (30) days after the breaching party’s receipt of the notice of breach, or within such longer period as may be reasonably required to cure, correct or remedy the breach, provided the breaching party has commenced its cure, correction or remedy within the thirty (30) day period and diligently and continuously pursues that cure, correction or remedy. (d) If this Agreement is terminated, City shall return EMPG funding in accordance with EMPG program guidelines.

Article VI. Indemnification and Liabilities

1. Indemnification by City
In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the parties under Government Code section 895.6, County and City agree instead that under Government Code section 895.4, City shall fully indemnify and hold County, its officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. This indemnity shall include, without limitation, reasonable attorneys’ fees, consultants and experts and related costs, and County’s cost of investigating any claim.

2. Duty to Defend
City acknowledges and agrees that its obligation to defend County under Article V.1: (a) is an immediate obligation, independent of its other obligations under this Agreement; and (b) applies to any claim, expense, cost, damage, or liability falling within the scope of Article V.1, regardless of whether the allegations made in connection with that claim, expense, cost, damage, or liability may be groundless, false, or fraudulent. County shall provide City with prompt notice of any claim, expense, cost, damage, or liability under Article V.1 and City shall have the right to defend, settle, or compromise that claim, expense, cost, damage, or liability, provided, however, that County shall have the right to retain its own counsel at City’s expense if representation of County by counsel retained by City would result in a conflict of interest, and that City shall obtain County’s prior written consent to settle or compromise if City contends that County shares in any liability. County’s failure to notify City promptly of any claim, expense, cost, damage, or liability shall not relieve City of liability to County under Article V.1 unless that failure materially impairs City’s ability to defend against the claim, expense, cost, damage, or liability.

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3. Limitation on Liability
County, its officers, board members, employees, and agents shall not be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement.

County’s obligations under this Agreement shall be limited to the aggregate amount of EMPG funds actually disbursed. Notwithstanding any other provision in this Agreement or any other document or communication between County and City relating to this Agreement, in no event shall County be liable for any damages arising out of or in connection with this Agreement, the EMPG funds, City’s Spend Plan, or any activities performed in connection with this Agreement.

Article VII. Miscellaneous

1. Notice
All notices required by this Agreement shall be deemed given when provided in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing:

To City:

Jennifer Ponce, Emergency Services Coordinator
Morgan Hill Police Department
16200 Vineyard Blvd
Morgan Hill, CA 95037
To County:

Ivan Williams
EMPG Grant Manager
County of Santa Clara Office of Emergency Management
55 W. Younger Ave., Suite 450
San José, CA 95110

2. Compliance with all Laws, Including Nondiscrimination, Equal Opportunity, and Wage Theft Prevention
(a) Compliance with All Laws: City shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the nondiscrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. (b) Compliance with Non-Discrimination and Equal Opportunity Laws: City shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor

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Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, City shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall City discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
(c) Compliance with Wage and Hour Laws: City shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws.
(d) Definitions: For purposes of this Subsection, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality of Assurance. (e) Prior Judgment, Decisions or Orders against City: By signing this Agreement, City affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that City violated an applicable wage and hour law or pay equity law. City further affirms that is has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments. (f) Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, City receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then City shall promptly satisfy and comply with any such Final Judgment. City shall inform the Office of the County ExecutiveOffice of Countywide Contracting Management (OCCM) of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. City shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110. Notice provisions in this paragraph are

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separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.
(g) Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to City’s records, City shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County’s request, City shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records that are related to the purpose of this Section, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during City’s normal business hours upon no less than 10 business days’ advance notice.
(h) Pay Equity Notification: City shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to City for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of City’s Employees and Job Applicants. (i) Material Breach: Failure to comply with any part of this Section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:

1. Suspend or terminate any or all parts of this Agreement.

2. Withhold payment to City until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law.

3. Offer City an opportunity to cure the breach.
(j) Subcontractors: City shall impose all of the requirements set forth in this Section on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

3. County No-Smoking Policy
City and its employees, agents and subcontractors shall comply with County’s No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles.

4. Food and Beverage Standards
Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by City with County funds for County-sponsored meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1)

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fruits, vegetables, whole grains, and low-fat and low-calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, City shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high-calorie desserts; (3) attempt to accommodate special dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the City should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored reduced fat (either nonfat or 1% low-fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce serving. Sugar-sweetened beverages shall not be provided.

5. Governing Law, Venue
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.

6. Assignment
No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other party.

7. Entire Agreement
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

8. Amendments
This Agreement may only be amended by a written instrument signed by the Parties.

9. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

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10. Contract Execution
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

11. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

12. Waiver
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly stated.

13. Conflicts of Interest
City shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the County. In accepting this Agreement, City covenants that is presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of services under this Agreement. City is responsible for assuring compliance of its subcontractors, if any, with the requirements of this provision.

14. Contracting Principles
All entities that contract with the County to provide services where the contract value is $100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, shall be fiscally responsible entities and shall treat their employees fairly. To ensure compliance with these contracting principles, the City and all contractors shall: (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the County copies of any financial audits that have been completed during the term of the contract; (4) upon the County’s request, provide the County reasonable access, through representatives of the City, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules.

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15. California Public Records Act
County and City are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). If either County’s or City’s proprietary information is contained in documents or information submitted to the other party, and the submitting party claims that such information falls within one or more CPRA exemptions, the submitting party must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information.

In the event of a request for such information, the receiving party will make best efforts to provide notice to the submitting party prior to such disclosure. If the submitting party contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the receiving party is required to respond to the CPRA request. If the submitting party fails to obtain such remedy within the time the receiving party is required to respond to the CPRA request, the receiving party may disclose the requested information.

16. Third Party Beneficiaries
This agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties.

17. COVID-19 Requirements
City shall comply with all County requirements relating to COVID-19 for persons who routinely perform services for the County onsite and share airspace with or proximity to other people at a County facility as part of their services for the County, including but not limited to vaccination, as applicable and periodically updated, and available at https://procurement.sccgov.org/doing-businesscounty/contractor-vaccinations and incorporated herein by this reference. If applicable, City shall complete the Contractor Certification of Compliance with COVID-19 Vaccine Requirements (“Certification”), attached hereto as Exhibit G. City shall comply with the requirements of this Section for the entire term of this Agreement.

City shall comply with all reasonable requests by County for documentation demonstrating City’s compliance with this Section. Failure by City to comply with any of the requirements of this Section (including but not limited to vaccination and masking requirements and completion and submittal of the Certification) is a material breach of this Agreement, and the County may, in its sole discretion terminate this Agreement immediately or take other action as the County may determine to be appropriate.

18. Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy #405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services.
(b) Prohibitions.

1. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or

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loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

2. Unless an exception in paragraph (c) of this clause applies, City and any contractor and/or subcontractor may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract or other contractual instrument, any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions.

1. This clause does not prohibit City or its contractors or subcontractors from providing— a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

2. By necessary implication and regulation, the prohibitions also do not apply to:
a. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.

1. In the event the City or its contractor or subcontractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or City or its contractor or subcontractor is notified of such by a subcontractor at any tier or by any other source, City shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

2. City shall report the following information pursuant to paragraph (d)1 of this clause:
a. Within one business day for the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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b. Within 10 business days of submitting the information in paragraph (d)2a of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts.

City shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

19. Domestic Preferences for Procurement2
a. As appropriate and to the extent consistent with law, City should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all contracts and purchase orders for work or products under this agreement.
b. For purposes of this section:
i. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
ii. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymerbased products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

20. Certified Resolution of Signature Authority
Upon request of County, City shall deliver to County a copy of the resolution(s) authorizing execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of City.

Signed:

COUNTY OF SANTA CLARA CITY OF MORGAN HILL
By__________________________ ________ _________________________ ______ Jeffrey V. Smith Date Christina Turner Date
County Executive City Manager
2 “Local preference” is still prohibited under 2 CFR Part 200 Section 200.319(c)

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Approved as to Form and Legality: Approved as to Form:
____________________________ ____________________________ Kavita Narayan Date Donald Larkin Date
Assistant County Counsel City Attorney
Enclosures
Exhibit A Santa Clara County EMPG Notification of Subrecipient Application Approval Exhibit B Standard Assurances for Cal OES Federal Non-Disaster Grant Programs Exhibit C Certification Regarding Lobbying
Exhibit D Federal Funding Accounting and Transparency Act (FFATA) Financial Disclosure
Exhibit E Project Narrative(s)
Exhibit F Functional Timesheet Sample
Exhibit G Contractor Certification of Compliance with COVID-19 Vaccine Requirements

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EXHIBIT A

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

EXHIBIT B

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(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) 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.
(b) 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 Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The Applicant 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.

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The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:

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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;

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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

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(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.

24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

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30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

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Morgan Hill City CouncilMarch 15, 2023

Morgan Hill City Council
March 15, 2023