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, May 3, 2023 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend 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/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#. Public comment may be provided in the following ways:
• Provide public comment in-person
• Join the City Council meeting virtually via the link above. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF
ZOOM TO BE UNMUTED)
• Join virtually by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
• 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
May 3, 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 12:00 p.m. 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
RECOGNITION
Certificate of Recognition awarded to Michael Greymont for his outstanding volunteer services and his success in bringing prestigious swim meets for both youth and adults to the Morgan Hill Dennis Kennedy Aquatics Center which has enhanced our community’s aquatics legacy
PROCLAMATIONS
The month of May as Affordable Housing Month
The month of May as Water Safety Month
The month of May as National Older Americans Month
The month of May as Wildfire Awareness Month
The week of May 21 - 27, 2023 as Public Works Week
May 15, 2023 as Peace Officers Memorial Day and the week of May 14 - 20, 2023 as National Police Week
May 3, 2023
3 PRESENTATIONS
YAC Presentation - Asset #18
YAC Graduation Recognitions
PG&E Presentation
CITY COUNCIL REPORTS
Council Member Borgioli
CITY MANAGER'S REPORT
PLEDGE OF ALLEGIANCE
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.
May 3, 2023
4 1. ADOPT A RESOLUTION DECLARING THE END OF LEVEL 4 WATER
SUPPLY SHORTAGE
Recommendation:
Adopt a resolution declaring the end of the Level 4 Water Supply Shortage.
2. APPROVE CONSULTANT AGREEMENT WITH GRIFFIN STRUCTURES, INC.
IN THE AMOUNT OF $115,000 FOR MASTER PLANNING AND PHASING
OF IMPROVEMENTS AT THE CORPORATION YARD
Recommendation:
Authorize the City Manager to execute and administer a consultant agreement with Griffin Structures, Inc. for Master Planning and Phasing of improvements at the Corporation Yard.
3. APPROVE SECOND AMENDMENT TO THE AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM
Recommendation:
Authorize the City Manager to execute the Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program.
4. APPROVE UPDATE TO THE CITY'S DONATION POLICY
Recommendation:
Accept changes to the City's Donation Policy
5. APPROVE THE APRIL 19, 2023 CITY COUNCIL MEETING MINUTES Recommendation:
Approve the April 19, 2023 City Council Meeting Minutes
6. INITIATE ANNUAL ASSESSMENT PROCESS FOR LANDSCAPE
ASSESSMENT DISTRICT NUMBER 1
Recommendation:
Adopt resolutions approving the following actions:
1. Initiate the proceedings for the levy of assessments for Fiscal Year 2023- 24;
2. Approve the Engineer's Annual Report and the proposed assessment levy; and
3. Declare the City Council's intention to levy the assessments in the District and to set the Public Hearing date for June 7, 2023.
7. REAPPOINT FOUR (4) COMMISSIONERS TO THE PLANNING COMMISSION
May 3, 2023
5 Recommendation:
Reappoint Commissioners Joseph Mueller, Liam Downey, Wanye Tanda, and Paul Lake to the Planning Commission with terms ending June 1, 2027.
PUBLIC HEARINGS
8. APPROVE SOLID WASTE MANAGEMENT RATE ADJUSTMENT FOR 2023 Recommendation:
Adopt resolution approving an adjustment in the maximum allowable solid waste charges effective July 1, 2023.
OTHER BUSINESS
9. ACCEPT THE MORGAN HILL POLICE DEPARTMENT'S ANNUAL MILITARY
EQUIPMENT USE REPORT
Recommendation:
Accept the Morgan Hill Police Department's Annual Military Equipment Use Report.
10. ADOPT ORDINANCE PROHIBITING POSSESSION OF FIREARMS IN
SENSITIVE PLACES
Recommendation:
1. Open/Close the Public Hearing; and
2. Waive the First and Second Reading; and
3. Introduce ordinance prohibiting the carrying of firearms in sensitive places
11. RECEIVE MONTHLY BUDGET UPDATE AND CITY MANAGER AUTHORITY REPORT; ADOPT FISCAL YEAR 2022-23 AND 2023-2024 MID-CYCLE
BUDGET AMENDMENTS, INCLUDING COMMUNITY FUNDING
RECOMMENDATIONS; APPROVE A FIVE-YEAR AGREEMENT WITH CAL FIRE; DELEGATE THE AUTHORITY TO THE CITY MANAGER TO MAKE
ALL FUTURE EQUIPMENT REPLACEMENT PURCHASES AS APPROVED
IN THE BUDGET; AND APPROVE AN UPDATE TO ELECTRIC VEHICLE
CHARGING STATION USER FEES
Recommendation:
1. Accept and file the monthly financial and investment report;
2. Adopt resolution authorizing changes to the adopted Fiscal Year (FY) 2022-23 and 2023-24 budgets;
3. Approve the FY 2023-24 Community Funding recommendations;
4. Authorize the City Manager to enter into a five-year agreement with the California Department of Forestry and Fire Protection (CAL FIRE) to
May 3, 2023
6 provide fire and emergency medical response services effective July 1, 2023 through June 30, 2028;
5. Delegate the authority to the City Manager to make all future vehicle and equipment purchases as approved in the adopted budget; and
6. Approve an update to the City's electric vehicle (EV) charging station user fees and delegate the authority to the City Manager to update all future EV user fee schedules.
12. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL
INITIATED AGENDA ITEMS
Recommendation:
Determine if the majority of the City Council wants the following items agendized at a future meeting for discussion:
1. Managing and counting 'abstain' votes by City Council Members;
2. Considering a noise ordinance to address rooster noises in urban neighborhoods;
3. Charging credit card fees on all City services; and
4. Considering an ordinance prohibiting smoking in multi-unit properties.
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
May 3, 2023
7 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.
Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.
May 3, 2023
8
1 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager
ADOPT A RESOLUTION DECLARING THE END OF LEVEL 4 WATER
SUPPLY SHORTAGE
RECOMMENDATION(S)
Adopt a resolution declaring the end of the Level 4 Water Supply Shortage.
COUNCIL PRIORITIES, GOALS & STRATEGIES
Protecting the Environment
REPORT NARRATIVE:
The purpose of this staff report is to rescind the current Level 4 water shortage in response to current water conditions resulting from the California 2022/23 wet season, see Attachment 1 Resolution.
The recent wet season in California brought storms that filled reservoirs across Santa Clara County and delivered one of the largest Sierra Nevada snowpacks on record at over 200 percent of normal. Snowmelt and rain from the Sierra Nevada are typically the source of approximately half of Santa Clara County’s water supply, known as imported water. Valley Water is the Groundwater Sustainability Agency that manages water supplies throughout Santa Clara County including water levels in the Llagas Subbasin and Coyote Valley Subarea, which supply the City of Morgan Hill. In periods of drought, when less imported water is available to Valley Water for the purpose of recharging the groundwater basins they manage, Valley Water will call on water suppliers to reduce groundwater pumping to avoid basin overdraft and minimize subsidence.
In order to reduce water consumption city-wide and meet calls for conservation from Valley Water and the State of California, the City has a water conservation ordinance with six levels of water shortage that may be invoked to implement restrictions on water use. The City has been operating under the equivalent of a Level 4 water shortage for nearly two years, since the initial water shortage declaration in June 2021. The Water Waste Ordinance showing the six water shortage levels and associated action items are included as Attachment 2.
As a result of the very wet winter, the County of Santa Clara's water supply has significantly improved and much of California has been pulled out of drought. Morgan Hill's groundwater basins, Llagas Subbasin and Coyote Valley Subarea, have been fully
1 replenished as shown in Attachment 3. Recently, the California Department of Water Resources announced that Valley Water will receive 75% of its contract amount through the State Water Project, and the U.S. Bureau of Reclamation announced that Valley Water will receive 100% of its contract amount for municipal and industrial use and 80% of the agricultural allocation through the Central Valley Project. Allocation of these water resources to Valley Water indicates there will be an adequate supply for recharge of groundwater during the dry months of 2023.
With groundwater levels in Morgan Hill fully recovered, and adequate water supply available for recharge in 2023, it is necessary for the City Council to officially declare an end to the Level 4 water shortage. The Council adopted permanent measures that make water conservation a way of life in Morgan Hill. Removing the current water shortage declaration and returning to Morgan Hill's permanent water conservation measures that make water conservation a way of life will match with recent actions taken by Valley Water and the State. Both of these agencies recently eased water conservation requirements while also emphasizing the importance of making water conservation a way of life and maintaining requirements to prevent the wasteful use of water.
Removing the Level 4 water shortage declaration will most noticeably impact the Morgan Hill community by removing the two-day per week landscape irrigation restriction during dry months, thereby returning to three days of watering per week under the City's permanent water use restrictions.
COMMUNITY ENGAGEMENT:
Communications implementing the City's irrigation scheduling rules and restrictions will no longer include any mention of the Level 4 water shortage, and will instead emphasize the need to permanently conserve water.
ALTERNATIVE ACTIONS:
The City could choose not to adopt a resolution declaring the end of the Level 4 water shortage. This would not be in alignment with State, nor regional partners who have recognized the improved water resource availability and responded accordingly by easing water use restrictions.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
A Level 2 water shortage was declared in June, 2021. A new Urban Water Management Plan (UWMP) was adopted by City Council on October 6, 2021, which included a Water Shortage Contingency Plan with six levels of water shortage. The City Water Waste Ordinance was updated in April 2022, to mimic the six levels of water shortages defined in the UWMP. At that time, a Level 4 Water Shortage was declared to maintain the same requirements of what was previously Level 2.
FISCAL AND RESOURCE IMPACT:
No fiscal impacts are anticipated from the resolution. Administering the City's drought response activities is included in the work program of the Community Services
1 Department.
CEQA (California Environmental Quality Act):
Categorical Exemption.
The declaration of the end of a Level 4 water shortage and its related regulatory effects are categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations, TItle 21, Section 15307 (actions by regulatory agencies for protection of natural resources).
RESOLUTION NO. 23-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL ENDING A DECLARED LEVEL 4
WATER SHORTAGE CONDITION
WHEREAS, the Governor of the State of California made a series of drought declarations declaring a drought emergency based on the State’s water supply storage and outlook during the past several years; and
WHEREAS, on June 16, 2021 the City Council declared a Level 2 Water Supply Shortage Condition; and
WHEREAS, on April 22, 2022, the City updated its Water Waste Ordinance so that the previous three large stages of water shortage were expanded to six smaller stages to allow more flexibility and responsiveness during times of drought, and the City concurrently declared a Level 4 water shortage which includes the same actions as what was previously a Level 2 water shortage; and
WHEREAS, the City has been in the equivalent of what is considered a Level 4 drought under the current Water Waste Ordinance for nearly two years, since June 16, 2021; and WHEREAS, the underground water aquifers that the City relies on for 100% of its water supply are recharged by the Santa Clara Valley Water District (Valley Water) using water supplies imported into the District; and
WHEREAS, Valley Water’s imported water supply allocations have been significantly increased for 2023 by the State and Federal government water systems enabling them to increase the amount of water released to recharge the City’s aquifers; and WHEREAS, as a result of the increased groundwater recharge, the City’s aquifers have significantly recovered from the drought; and
WHEREAS, the Governor rescinded the 15 percent voluntary water conservation target on March 24, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the City Council of the City of Morgan Hill formally ends the declared Level 4 Water Shortage;
City of Morgan Hill
Resolution No. 23-xxx
2 b. That the City Council hereby finds based upon the facts and information in the record for this Resolution that the declaration of the end of a Level 4 Water Shortage and its related regulatory effects are categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations, Title 21, Section 15307 (actions by regulatory agencies for protection of natural resources)
PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 3rd day of May 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
_____________________________ ________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATION
I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. 23-xxx, adopted by the City Council at a Regular Meeting held on May 3, 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
ORDINANCE NO. 2342, NEW SERIES
AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING SECTION 13.04.010 (DEFINITIONS) AND
SECTION 13.04.330 (WASTING OF WATER AND
DROUGHT EMERGENCIES) OF CHAPTER 13.04 (WATER
SYSTEM) OF TITLE 13 (PUBLIC SERVICES), TO ADD
REGULATIONS PROHIBITING THE USE OF POTABLE
WATER ON NON-FUNCTIONAL TURF AND
PROHIBITING NEW PRIVATE WATER WELLS
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 13.04.010 (Definitions) of Chapter 13.04 (Water System) of Title 13 (Public Services) is hereby amended to read as follows:
13.04.010 – Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. “CII Property” means commercial, industrial, and institutional properties. For the purpose of this chapter, CII Properties include: a) Homeowners’ Associations-owned property; b) common areas of mobile home parks, and apartment, condominium, and townhome complexes; c) manufacturing plants and facilities; d) industrial and commercial construction sites; e) retail and shopping malls; f) hospitals; g) religious institutions; h) government facilities (including parks); i) restaurants; j) grocery stores; k) educational institutions; l) sporting arenas; m) office buildings; and n) other properties that provide commercial, industrial, and institutional services.
B. "Functional Turf” means turf that is needed to serve a human function including: a) turf used for recreational purposes and civic or community events; b) turf located on the property of a single-family home; c) turf located on the property of a park used for sport, gathering, or recreation; d) turf on a golf course used directly for sport (driving ranges, chipping, and putting greens, tee boxes, greens, fairways and rough); e) turf located on a school field used for sport, gathering, or recreation; f) turf on a sports field; g) turf needed for pet relief at veterinarians’ offices, boarding facilities, and animal shelters; h) turf within areas of cemeteries used for visitation and gathering; i) species of turf that have a plant factor ≤ 0.3 per the California Code of Regulations Section 491 Title 23; and j) turf in areas that are watered directly beneath tree canopies and shrubs.
C. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.
D. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
E. “Non-Functional Turf” means irrigated lawn grass area not meeting the definition of Functional Turf. Non-functional Turf includes but is not limited to: a) streetscape turf which is located along private or public streets (e.g., mow strips on either side of street), along streetscape sidewalks (narrow spaces of turf that line the sidewalk on private or public property), along driveways and parking lots within the community, business streetscape DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
frontage areas, and within medians within roundabouts; b) turf that is solely ornamental, and c) other turf that is not Functional Turf.
F. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.
G. "Potable water" means water which is suitable for drinking.
H. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations.
I. "Station" means an area of irrigated landscape controlled by a single irrigation valve.
J. "Superintendent" means the superintendent of water of the city, and any act in this chapter required or authorized to be done by the superintendent, may be done on behalf of the superintendent by an authorized officer or employee of the water department. (Ord. 30 N.S. §§ 2.01, 2.02, 1948)
(Ord. No. 1932 N.S., § 4, 5-27-2009)
Section 2. Section 13.04.330 (Wasting of Water and Drought Emergencies) of Chapter 13.04 (Water System) of Title 13 (Public Services) is hereby amended to read as follows (additions in underline, deletions in strikeout):
13.04.330 Wasting of water and drought emergencies
A. Applicability
1. The provisions of this chapter apply to any person in the use of any potable water in the city.
2. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
3. The provisions of this chapter do not apply to the use of recycled water, with the exception of subsection B (1) of this section.
4. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, to the use of water in a community garden providing garden plots to the public, or to home fruit and vegetable gardens less than 200 square feet.
5. This chapter is intended solely to further the conservation of water. It is not intended to implement nor supersede any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.
B. Prohibition Against Waste: The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.
1. Limits on Watering Hours: Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 7:00 p.m.
Pacific Standard/Daylight Savings Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Watering or irrigating within 48 hours DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
after ¼ inch or more of precipitation is received is prohibited.
2. Limit on Watering Duration: Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15)minutes watering per day per station/valve/zone. This subsection does not apply to landscape irrigation stations/valves/zones that exclusively use drip type irrigation systems, soaker hoses, bubblers, or high efficiency sprinkler nozzles that have a precipitation rate of less than two (2) gallons per hour; to systems controlled by weather-based irrigation controllers; and systems having stream rotor sprinklers with a 70% or greater efficiency standard.
3. Limit on Watering Days: During the months of March through October, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the city. During the months of November through February, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to the following uses of water:
a. To landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour;
b. To watering or irrigating by use of a hand-held bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system;
c. To landscape irrigation zones that are controlled by an activated weather-based irrigation controller;
d. To watering or irrigating a newly installed or significantly rehabilitated landscape for the first sixty days after the first plant is placed in the ground. For the purposes of this section, a significantly rehabilitated landscape is a landscape in which 25% or more of a property’s landscape is replaced.
4. Watering of Turf: Potable water shall not be applied to Non-Functional Turf at commercial, industrial or institutional sites (CII Properties), including Homeowner’s Association-owned property and common areas of mobile home parks, and apartment, condominium, and townhome complexes. The use of potable water on turf is not prohibited to the extent necessary to ensure the health of trees and other perennial nonturf plantings or to the extent necessary to address immediate health and safety, sanitation, or fire protection needs as determined by the fire marshal. Unless otherwise permitted by the fire marshal, all watering permitted must be completed in a manner that prevents runoff.
5. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
6. No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a lowDocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
volume, high-pressure cleaning machine equipped to recycle any water used, or a lowvolume high-pressure water broom. Washing down structures, fences, and hard surfaces expressly for the purposes of preparing a surface for the application of a surface coating is not prohibited provided it does not occur more than one time in any twelve (12) month period.
7. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than ten (10) days of receiving written notice from the city, is prohibited.
8. Recirculating Water Required for Water Fountains and Decorative Water Features:
Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.
9. Limits on Washing Vehicles: Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility that incorporates a recycled or recirculating water system in its operation.
10. Drinking Water Served Upon Request Only: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.
11. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily.
Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.
12. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new waterservice.
13. No Installation of Nonrecirculating in Commercial Car Wash and Laundry Systems:
Installation of nonrecirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
14. Restaurants Required to Use Water Conserving Dish Wash Spray Valves: Food preparation establishments, such as restaurants or cafes, are prohibited from using nonwater conserving dish wash spray valves.
15. Commercial Car Wash Systems: All commercial conveyor car wash systems must have installed operational recirculating water systems or must have a waiver of this requirement from the city.
16. Construction Activities: Use of potable water for construction site dust control, compaction, and other site activities suitable for nonpotable water is prohibited if recycled water is available within five miles of the construction site.
17. Plumbing System Testing: Use of potable water for plumbing system testing is prohibited unless required by law or alternative testing procedures are determined to be unsuitable by City inspection staff.
18. Pool Covers: Constructing a pool without the inclusion of a pool cover is prohibited.
All contracts for the construction of a new pool entered into after September 2, 2015 DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
shall include the provision of a pool cover.
19. Wells: New private water wells are prohibited.
C. Level 1 Water Supply Shortage (1% - 10% reduction): A Level 1 Water Supply Shortage (“Alert” stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a 1% - 10% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 1 Water Supply Shortage condition, the City will implement an active communication campaign asking the community to conserve water in compliance with the City’s permanent water use restrictions.
D. Level 2 Water Supply Shortage (11% - 20% reduction): A Level 2 Water Supply Shortage (“Severe” stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a 11% - 20% consumer demand reductionis necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 2 Water Supply Shortage condition, the City will:
1. Evaluate the water use of individual water utility customers and distribute targeted communications to those water utility customers that are high users or appear to be violating the City’s water use rules; and
2. Continue implementing all Level 1 response activities.
E. Level 3 Water Supply Shortage (21% - 30% reduction): A Level 3 Water Supply Shortage (“Critical 1” stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a 21% - 30% consumer demand reductionis necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 3 Water Supply Shortage condition, the City will:
1. Actively enforce the City’s current restrictions regarding the limits on watering days contained in Section 13.04.330 B (3);
2. Suspend exemptions 13.04.330 B (3)(c) and 13.04.330 B (3)(d) to Section 13.04.330 B (3);
3. Prohibit the use of potable water to wash or clean a vehicle, including but not limited to, any automobile, truck, van, bus, boat or trailer, whether motorized or not, except at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water. This provision does not apply to bicycles and motorcycles. The use of potable water to clean the windshield, windows, or mirrors of a vehicle by use of a hand-held bucket or similar container is not prohibited;
4. Impose an alternative rate schedule designed for water supply shortage events if such a rate schedule has been adopted by the City Council; and
5. Continue implementing all other Level 2 response activities.
DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
F. Level 4 Water Supply Shortage (31% - 40% reduction): A Level 4 Water Supply Shortage (“Critical 2” stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a 31% - 40% consumer demand reductionis necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 4 Water Supply Shortage condition, the City will:
1. Actively enforce the following limited irrigation schedule: During the months of March through October, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the city. During the months of November through February, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system; and
2. Continue implementing all other Level 3 response activities.
G. Level 5 Water Supply Shortage (41% - 50% reduction): A Level 5 Water Supply Shortage (“Emergency 1” stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a 41% - 50% consumer demand reductionis necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 5 Water Supply Shortage condition, the City will:
1. Actively enforce the following limited irrigation schedule:
a. The watering or irrigating of lawns and turf is prohibited except for turf utilized for active recreation at a school, park, or public facility. Turf used for active recreation at a school, park, or public facility may be irrigated in accordance with all other irrigation restrictions up to two times per week from March – October and one time per week from November – February;
b. Trees, shrubs, and dedicated landscapes that do not contain turf may be watered one time per week in accordance with all other irrigation restrictions; and
2. Consider limits on the issuance of building permits, new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as, will-serve letters, certificates, or letters of availability). The City may consider exemptions to the limitation that include, but are not limited to the following circumstances:
a. A valid, unexpired building permit has been issued for the project; b. The project is necessary to protect the public health, safety, and welfare; or DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.
This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less; and
3. Continue implementing all other Level 4 response activities.
H. Level 6 Water Supply Shortage (greater than 50% reduction): A Level 6 Water Supply Shortage (“Emergency 2” stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a greater than 50% consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 6 Water Supply Shortage condition, the City will:
1. Prohibit all irrigation; and
2. Continue implementing all other Level 5 response activities.
I. Procedures for Determination/Notification of Water Supply Shortage The existence of Water Supply Shortage conditions may be declared by resolution of the city council adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements relating to each level of Water Supply Shortage conditions will take effect on the tenth day after the date the shortage level is declared. Within five (5) days following the declaration of the shortage level, the city must publish a copy of the resolution in a newspaper used for publication of official notices.
J. Hardship Waiver. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirement as provided in this Section.
1. Application: Application for a waiver must be on a form prescribed by the City Manager and accompanied by a nonrefundable processing fee in an amount set by city council resolution.
2. Supporting Documentation: The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Waiver: The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property. An application for a waiver will be denied unless the City Manager finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
for the property as shown by the records of the city or its agent, all of the following:
a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;
b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally; c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.
4. Approval Authority: The City Manager must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory watersupply shortage condition. The decision of the City Manager shall be final.”
Section 3. Severability
If any section, subsection, sentence, clause or phrase in this Ordinance is for any reason held invalid, the validity of the remainder of the Ordinance will not be affected. The city council hereby declares it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or is declared invalid.
Section 4. Effective Date; Posting.
This ordinance shall be effective on the 31st day after adoption. Pursuant to California Water Code Section 376, this Ordinance shall constitute a water conservation program and shall be effective upon adoption. Within ten (10) days of its adoption, this ordinance shall be published in full once in a newspaper of general circulation which is printed, published, and circulated in the City of Morgan Hill.
DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3
City of Morgan Hill
Ordinance No. 2342, New Series
THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 7TH DAY OF DECEMBER 2022, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 15th DAY OF FEBRUARY 2023, AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: Gino Borgioli, Marilyn Librers,
Yvonne Martinez Beltran, Rene Spring, Mark Turner
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED: ATTEST:
MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATE OF THE CITY CLERK
I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2342, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 15th day of February 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:
MICHELLE BIGELOW, City Clerk
DocuSign Envelope ID: DE37E5BD-37A0-44FC-BEA9-1792EE3D21F3 2/21/2023
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2 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Chris Ghione, Public Services Director
APPROVED BY: City Manager
APPROVE CONSULTANT AGREEMENT WITH GRIFFIN STRUCTURES,
INC. IN THE AMOUNT OF $115,000 FOR MASTER PLANNING AND
PHASING OF IMPROVEMENTS AT THE CORPORATION YARD
RECOMMENDATION(S)
Authorize the City Manager to execute and administer a consultant agreement with Griffin Structures, Inc. for Master Planning and Phasing of improvements at the Corporation Yard.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Guiding Documents
Water System Master Plan
Wastewater System Master Plan
REPORT NARRATIVE:
The Corporation Yard houses several City functions of the Public Services Department, including Utilities Operations, Maintenance Operations, and Public Works Inspection.
The site also houses storage for other City functions as well. The City also leases to the Morgan Hill Unified School District (MHUSD) space for Transportation Services, which includes both bus management and dispatch and fleet maintenance services. MHUSD currently leases 3.42 acres of the site from the City. The current lease ends on June 30, 2024. MHUSD representatives continue to express an interest in purchasing a portion of the site versus leasing the site from the City to leverage available capital dollars.
In 2020, the City and MHUSD partnered to hire a consultant that prepared a Space Needs Analysis to determine future needs of both organizations at the site. This analysis was presented to the City Council on November 4, 2020. The currently proposed consultant agreement will take the next step in the process of building out the Corporation Yard plan by utilizing the Space Needs Analysis to create a Master Plan document with phasing for the development of the City needs at the site. The need to develop the Master Plan is critical as the City begins planning for the electric vehicle charging infrastructure for the conversion of its fleet to electric vehicles. The Master
2 Plan will also be necessary to determine the possibility of selling a portion of the site to the MHUSD. It is envisioned that the early phases of the plan will focus on the location of vehicle charging infrastructure, while the subsequent phases focus on construction and renovation of buildings and other facilities.
Staff is recommending engaging with Griffin Structures for this work. Griffin Structures was selected for the initial Master Plan work through a competitive RFP process. Staff is recommending continuing with this consultant as they have a high level of familiarity with the site. They have also demonstrated they can provide quality work while meeting expected timelines.
COMMUNITY ENGAGEMENT:
Community engagement has not occurred thus far as the work has been internal to MHUSD and the City. City staff will keep the community informed on future steps relating to funding improvements that may have financial implications for the City.
ALTERNATIVE ACTIONS:
The City Council could choose not to approve this consultant agreement and direct staff to issue a request for proposals for this work.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
Several past actions have occurred over the last several decades in relation to shared use of the Corporation Yard. The Space Needs Analysis was authorized by the City Council on February 20, 2020. The Council received the results of the Space Needs Analysis on November 4, 2020. The current lease for space at the Corporation Yard for the MHUSD was amended by the Council in 2021 and runs through June 30, 2024.
FISCAL AND RESOURCE IMPACT:
Funds for this project have been allocated in the Capital Improvement Program within the Public Facilities Impact Fund (347).
CEQA (California Environmental Quality Act):
Categorical Exemption
Discussion regarding potential changes to the Corporation Yard is exempt from CEQA under Public Resources Code § 21102, 21150 (Feasibility or planning studies for possible future actions that the agency has not approved, adopted, or funded).
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CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS
GRIFFIN STRUCTURES, INC
THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Griffin Structures, Inc. a California corporation ("CONSULTANT") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:
1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on _____________, ____, 20___.
2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2024 at which time CONSULTANT’S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum period of one year. Any such extension shall be in writing and signed by both Parties to this Agreement.
3. Scope of Service. The services to be performed by CONSULTANT shall be Site Master Planning and Phasing for the City Corporation Yard as further described in Exhibit A.
4. Compensation. CONSULTANT shall be compensated as follows:
4.1. Amount. $115,000.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed One Hundred and Fifteen Thousand dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.
4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.
5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which
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compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.
5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify CONSULTANT of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.
6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT’S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY'S City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT’S equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY'S City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT’S sole risk.
7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY.
7.1. Insurance Types and Amounts.
7.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
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7.1.2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
7.1.3. Workers’ Compensation Insurance and Employer’s Liability. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If CONSULTANT is selfinsured, CONSULTANT shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.
7.1.4. Pollution (Environmental) Liability. If the performance of CONSULTANT’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.
Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
7.1.5. Professional Liability.
7.1.5.1. If the performance of CONSULTANT’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if CONSULTANT maintains a claims-made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement.
7.1.5.2. If the performance of CONSULTANT’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers,
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hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
7.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of CONSULTANT’S work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
7.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:
7.2.1. General Liability and pollution liability (when pollution liability applies).
7.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, officers, and employees, are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.
7.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, officers, and employees; and
7.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20
01. 7.2.2. Workers Compensation.
If the performance of CONSULTANT’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, officers, and employees.
7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M.
Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.
7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’S
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agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer or CONSULTANT to CITY. A "material change" is a change that results in non-compliance with any insurance requirements in this section 7.
Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.
Certificate Holder address:
City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037
8. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.
9. Compliance with Law.
9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.
9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.
Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS
AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL
JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER
AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.
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Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision, or order.
CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.
City’s Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full.
Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.
11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.
12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.
Address of CONSULTANT is as follows:
Griffin Structures
1 Technology Drive, Suite i829
Irvine, CA 92618
7 Updated July 2022
Address of CITY is as follows:
Chris Ghione
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:
City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes, and regulations of the federal, state, and local government.
15. Consultant's Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
16. Maintenance of Records.
16.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then CONSULTANT shall retain said records until such action is resolved.
16.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.
16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.
17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.
Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.
18. Time of Essence. Time is of the essence in the performance of this Agreement.
19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be
8 Updated July 2022
void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.
20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.
21. Defense and Indemnification.
21.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.
21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).
21.3. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct of the CITY.
21.4. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by CONSULTANT.
21.5. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’S failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.
9 Updated July 2022
21.6. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.
22. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified, or provisions waived, only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.
23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.
24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.
25. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
26. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.
27. ☐ Data Sharing. This Agreement requires access by CONSULTANT to CITY’S Geographic Information System (GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.
28. Electronic Signatures. Unless otherwise prohibited by law or CITY 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 CITY.
[Signatures on Next Page]
Dustin Alamo, Vice President
4/12/2023
11 Updated July 2022
EXHIBIT A
SCOPE OF SERVICES
Master Planning and Phasing Plan
1. Conceptual Site Plan Development. Based on using the Option 3B-3 (from the Space Plannign Work previously completed by Griffin Structures for the site) as the basis for design efforts, Griffin Structures will hold a workshop with the City to understand any feedback as to programmatic updates. Examples may include revisions to staffing projections, updates in storage practices, goals for achieving fleet electrification, and more. We will update the program and then proceed with advanced site planning to visualize the suggested improvements in detail. The goal of this will be to aggregate City assets in the southern portion of the lot and to maximize efficiencies on the site related to parking and circulation.
2. Conceptual Floor Plan Development: Once the conceptual site plan has been approved by the City, Griffin Structures will advance floor planning efforts based on macro level site planning. Griffin Structures has familiarity with these facilities based on the previous building assessment and will utilize along with intended design concepts to arrive at the most costeffective solution for the City.
3. Implementation Plan. Once the conceptual plans have been identified and approved, Griffin Structures will develop a phasing scheme for how the project can be implemented. Griffin Structures will will formalize Phasing Plan in this step and demonstrate to the City how implementation can be systematically ‘activated’ at any step of the process. We will include a project schedule to illustrate how this translates to time.
4. Budget Development: Finally, utilizing program, concepts, phasing, and schedule considerations, Griffin Structures will develop a conceptual statement of probable cost for the entire project broken out by phase as appropriate. A workshop will be set up with the City to present the above information as a complete package for review and consideration.
12 Updated July 2022
EXHIBIT B
SCHEDULE OF COMPENSATION RATES
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to perform Program and Design Management services for the City of Morgan Hill’s Corporate Yard Master Plan. For these requisite services necessary to complete the services outlined within the Scope fo Services, Griffin Structures compensated on a time and materials not-to-exceed $102,600 (one hundred two thousand six hundred dollars).
A contingency of $12,400 (twelve thousand four hundred) is available for additional services approved by staff outside the scope of services outlined. Use of contingency must be approved by City staff prior to work being performed.
13 Updated July 2022
EXHIBIT C
SCHEDULE OF PERFORMANCE
All services outlined in the Scope of Services shall be completed by December 31, 2023.
3 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager
APPROVE SECOND AMENDMENT TO THE AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM
RECOMMENDATION(S)
Authorize the City Manager to execute the Second Amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program.
COUNCIL PRIORITIES, GOALS & STRATEGIES
Protecting the Environment
Advocating for Local, Regional, and State Legislative Initiatives REPORT NARRATIVE:
The purpose of this City Council report is to request authorization for the City Manager to execute the Second Amendment to the Agreement for the Countywide Household Hazardous Waste (HHW) Collection Program (Attachment 1).
For well over 20 years, Santa Clara County has collected a fee to offset each jurisdiction’s solid waste management and HHW management expenses. The Countywide AB 939 Fee is collected at waste transfer and disposal facilities by facility operators and has two components. The first component is a Program Fee of $1.50 per ton which is charged to assist in funding integrated waste management activities. The second component is the HHW Fee of $2.60 per ton which is held by the County and used to directly offset HHW Collection Program costs associated with the use of the program by each jurisdiction’s residents. The HHW Collection Program provides City residents with the opportunity to participate in several HHW collection events each month, held at a permanent collection center in San Martin. If HHW Fee revenues exceed a jurisdiction’s HHW Collection Program costs at the end of the fiscal year, the remaining funds are transferred to the jurisdictions to be used to promote or support HHW management costs.
In 2021, the Council authorized the City Manager to execute the most recent three-year Countywide HHW Collection Program Agreement (Attachment 2). Because this agreement includes the HHW collection schedule for the year and an annual augmentation amount elected by the City, it requires an annual amendment. The sole purpose of this item is to approve the City’s execution of the Second Amendment to the
3 Countywide HHW Collection Program Agreement with the FY 2023-24 schedule and updated augmentation amount. The Countywide HHW Collection Program Agreement includes a base assumption that 4% of each jurisdiction’s households will participate in the program annually. It is estimated that Morgan Hill resident participation in the HHW Collection Program will be more in the range of 10% for FY 2023-24, therefore an augmentation to the 4% base assumption must be specified. For 2023-24, an augmentation of $52,734 is recommended to ensure that all Morgan Hill residents desiring to participate in the program will be allowed to do so.
COMMUNITY ENGAGEMENT:
Inform
The recommended action is an extension of a long-standing program with no changes proposed, so no engagement activities were conducted prior to presenting the amendment for Council consideration. Should the Second Amendment be approved, staff will continue to inform the public about the availability of the County program.
ALTERNATIVE ACTIONS:
The Council could decide to not approve the Second Amendment and direct staff to further evaluate the provision of these services and the recommended augmentation amount.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The current Countywide HHW Collection Program Agreement was approved by the City Council on June 17, 2021 (Attachment 2). The First Amendment to the Countywide HHW Collection Program Agreement was approved on April 20, 2022 (Attachment 3).
The Council has historically acted annually on either an agreement or an amendment to the agreement for over 20 years.
FISCAL AND RESOURCE IMPACT:
The Discretionary Fund is the balance of AB 939 HHW Fees collected after covering the cost of providing HHW Collection Program services to 4% of Morgan Hill households.
The augmentation is the amount the city agrees to pay to the county for participation beyond 4%. For FY 2023-24, the recommended augmentation amount for Morgan Hill is $52,734 to ensure that all Morgan Hill residents desiring to participate in the program will be allowed to do so. It should be noted that the augmentation amount uses the highest possible cost under the Countywide HHW Collection Program Agreement, and actuals at the end of the year are typically lower.
For the past approximately 15 years, the City's AB 939 Discretionary Fund has been enough to cover the augmentation amount. The one recent exception was in 2022-23, when the Discretionary Fund did not cover the augmentation amount, but still within the contract amount, and the City owed $11,650 to the HHW Collection Program. The City was able to absorb this unexpected cost into the existing Environmental Services Budget, 010.5800. Based on the general trend over the past 15 years whereby the Discretionary Fund is typically enough to cover the augmentation amount, no funds have been budgeted in the upcoming years to cover the contribution that would be
3 required to support full resident participation in the HHW Collection Program. Should the City owe funds to the HHW Collection Program, then the City will absorb the cost into the existing budget, or if the amount cannot be absorbed into the existing budget then additional funds will be requested for appropriation into the 010.5800 Environmental Service Budget to cover the cost.
CEQA (California Environmental Quality Act):
Approval of the Second Amendment to the Agreement for the Countywide HHW Collection Program is categorically exempt from environmental review under Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the CEQA guidelines.
SECOND AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of Morgan Hill (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 17, 2021, and subsequently amended, is hereby further amended as set forth below.
The COUNTY and the CITY agree that:
1. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $55,000 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to augment up to an additional $55,639 to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2024 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-2, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available 52,734
Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.
2. Attachment C-2 “HHW Schedule For Collection Events for Fiscal Year 2023/2024” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.
Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:
COUNTY OF SANTA CLARA CITY OF MORGAN HILL
Signature: Signature:
Jeffery V. Smith Name:_____________________
County Executive Title:
Date: Date:
APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:
APPROVED AS TO FORM:
Donald A. Larkin
City Attorney
Date:______________________
ATTACHMENT C-2: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2023-2024
2023/Month Day Date Location Type of Event County Holidays/ Notes July Saturday 1 No Event No Event 4th OF JULY WEEK
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Wed,Thurs,Fri,Sat 26,27,28,29 San Jose Permanent
August Thurs,Fri 3,4 San Jose Permanent
Thurs,Fri,Sat 3,4,5 San Martin Permanent
Saturday 5 Cupertino Temporary
Wed,Thurs,Fri,Sat 9,10,11,12 San Jose Permanent
Thurs,Fri,Sat 17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
Saturday 26 Mountain View Temporary
Thurs 31 San Jose Permanent
September Fri 1 San Jose Permanent
Saturday 2 No Event No Event LABOR DAY WEEKEND
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 7,8,9 San Martin Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Saturday 23 Santa Clara Temporary
Thurs,Fri,Sat 28,29,30 San Jose Permanent
October Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Thurs,Fri,Sat 5,6,7 San Martin Permanent
Wed,Thurs,Fri,Sat 11,12,13,14 San Jose Permanent
Saturday 14 Sunnyvale Temporary
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
November Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs 9 San Jose Permanent
Fri 10 No Event No Event VETERANS DAY
Saturday 11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Tues 21 San Jose Permanent
Wed,Thurs,Fri,Sat 22,23,24,25 No Event No Event THANKSGIVING Thurs 30 San Martin Permanent
Thurs 30 San Jose Permanent
December Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Wed,Thurs,Fri 20,21,22 San Jose Permanent
Sat 23 No Event No Event CHRISTMAS
Thurs,Fri 28,29 San Jose Permanent
Fri 30 No Event No Event NEW YEAR'S
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2023/2024*
ATTACHMENT C-2: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2023-2024 (Continued) 2024/Month Day Date Location Type of Event County Holidays/ Notes January Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Thurs,Fri, Sat 4,5,6 San Martin Permanent
Wed,Thurs,Fri,Sat 10,11,12,13 San Jose Permanent
Saturday 13 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Wed,Thurs,Fri,Sat 24,25,26,27 San Jose Permanent
Saturday 27 Santa Clara Temporary TBD
Wed 31 San Jose Permanent
February Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Wed,Thurs,Fri,Sat 14,15,16,17 San Jose Permanent
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Wed,Thurs 28,29 San Jose Permanent
Thurs 29 San Martin Permanent
March Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Thurs,Fri,Sat 7,8,9 San Jose Permanent
Wed,Thurs,Fri,Sat 13,14,15,16 San Jose Permanent
Thurs,Fri,Sat 21,22,23 San Jose Permanent
Wed,Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 30 No Event No Event CESAR CHAVEZ DAY
April Thurs,Fri,Sat 4,5,6 San Jose Permanent
Thurs,Fri, Sat 4,5,6 San Martin Permanent
Wed,Thurs,Fri,Sat 10,11,12,13 San Jose Permanent
Saturday 13 Los Altos Temporary
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Saturday 20 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 24,25,26,27 San Jose Permanent
Saturday 27 Santa Clara Temporary TBD
May Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Wed,Thurs,Fri 22,23,24 San Jose Permanent
Saturday 25 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri 30,31 San Jose Permanent
June Sat 1 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Saturday 15 Milpitas Temporary
Wed,Thurs, Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2023/2024 continued*
DocuSign Envelope ID: CEEAA9D3- 1557- 4E34- 8294- D1 D48A6A49D2
FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program AGREEMENT) by and between the City of Morgan Hill ( CITY) and the County of Santa Clara ( COUNTY) previously entered into on June 17, 2021, is hereby amended as set forth below.
The COUNTY and the CITY agree that:
1. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level.
Additional services shall be made available upon written agreement between the CITY' s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $ 55, 000 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY'S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to augment up to an additional $ 55,639 to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C- 1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate..
Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY' S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C
DocuSign Envelope ID: CEEAA9D3- 1557- 4E34- 8294- D1 D48A6A49D2 At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.
2. Attachment C- 1 " HHW Schedule For Collection Events for Fiscal Year 202212023" attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.
Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:
COUNTY OF SANTA CLARA
Signature:
Jeffery V. Smith
County Executive
Date:
APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:
CITY OF MORGAN HILL
Signature:
DoccyuSiigned by:
6hrinfirwTumer
City Manager
Date: 5/ 23/ 2022
Approved as to Form:
IV
DocuSigned by:
ov L A V' W
45E6F0273EA2464...
Donald Larkin, City Attorney
5/ 23/ 2022
DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C 6/6/2022
6/6/2022
DocuSign Envelope ID: CEEAA9D3- 1557- 4E34- 8294- D1 D48A6A49D2 ATTACHMENT C- 1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023*
HHW SCHEDULE FOR FISCAL YEAR 202212023*
2022/ Month Day Date Location Type of Event County Holidays/ Notes Jully Fri I San Jose Permanent
Saturday 2 No Event No Event 4th OF JULY WEEK
Wed, Thurs, Fri, Sat 6, 7, 8, 9 San Josie Permanent
Fri, Sat 8, 9 San Martin Permanent
Thurs, Fri 14, 15- San Jose Permanent
Wed,Thurs,Fri,Sat 20, 21, 22, 23 San Jose Permanent
Thurs, Fri, Sat ` 28,29, 30 San Jose Permanent
August Wed, Thurs, Fri, Sat 3, 4, 5, 6 San Jose Permanent Fri,Sat 5, 6 San Martin Permanent
Thurs, Fri 11, 12 San Jose Permanent
Wed,Thurs, Fri,Sat 17, 18, 19, 20 San Jose Permanent
Thurs, Fri,Sat 25, 26, 27 San Jose Permanent
Wed 31 ` San Jose Permanent
September Thurs, Fri 1, 2 San Jose Permanent
Saturday 3 No Event No Event LABOR DAY WEEKEND
Thurs, Fri,Sat 8, 9, 10 San Jose Permanent
Fri,Sat 9110 San Martin Permanent
Wed, Thurs, Frii 14,15,16 San Jose Permanent
nix x 1nr''
Thurs, Fri, Sat 22,23,24 San Jose Permanent
Thurs, Fri 29,30 San Jose Permanent
October Sat 1 San Jose` Permanent
Wed, Thurs, Fri, Sat 5, 6, 7, 8 San Jose Permanent
Fri,Sat 7, 8 San Martin Permanent
Thurs, Fri 13, 14
Wed, Thurs, Fri, Sat 19, 20, 21 22
San Jose
San Jose
Permanent
Permanent
Thurs, Fri, Sat 27, 28, 29 San Jose Permanent
November..-. -Wed;T-hurs,Fri Sat San Jose__A_- --- Permanent--_ Fri, Sat 4,5 San Martin Permanent
Wed, Thurs 9, 10 San Jose Permanent
Fri 11 No Event No Event VETERANS DAY
Saturday 12 San Jose Permanent
Wed, Thurs, Fri, Sat 16, 1 7, 18, 19 San Jose Permanent Wednesday 23 San Jose Permanent
Thurs,Fri,Sat 24,25, 26 No Event No Event THANKSGIVING
Wed 30 San Jose Permanent
December Thurs, Frl, Sat 1, 2,3, San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Wed, Thurs, Fri, Sat 7, 8, 9, 10 San' Jose Permanent
Thurs, Fri, Sat 15, 16, 17 San Jose Permanent
Wed, Thurs 21, 22 San Jose Permanent
Fri,Sat 23, 24 No Event No Event CHRISTMAS
Wed, Thurs 28,29 San Jose Permanent
Fri, Sat 30, 31 No Event No Event NEW YEAR' S DAY
SUBJECT TO CHANGE
DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C
DocuSign Envelope ID: CEEAA9D3- 1557-4E34- 8294- D1 D48A6A49D2 ATTACHIWENT C -l: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2022- 2023* ({ Continued) HHW SCHEDULE FOR FISCAL YEAR 202212023 -continued*
i
2023/ Month Day Date Location Type of Event County Holidays/ Notes January Thurs, Fri,Sat 5, 6, 7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Wed,Thurs,Fri 11, 12, 13 San Jose Permanent
h
Wed, Thurs, Fri, Sat 18, 19, 20, 21 San Jose Permanent
Thurs, Fri 26, 27 San Jose Permanent
MW
February Wed,Thurs, Fri, Sat 1,2, 3, 4 San Jose Permanent Fri, Sat 3,4 San Martin Permanent
Thurs, Fri, Sat 9, 10, 11 San Jose Permanent
Wed, Thurs, Fri,Sat 15, 16, 17, 18 San Jose Permanent
Thurs, Fri, Sat 23, 24, 25 San Jose Permanent
March Wed, Thurs, Fri,Sat 1, 2, 3, 4 San Jose Permanent Fri, Sat 3,4 San Martin Permanent
Thurs, Fri, Sat 9, 10, 11 San Jose Permanent
Wed, Thurs, Fri, Sat 15, 16, 17, 18 San Jose Permanent
Thurs, Fri, Sat 23, 24, 25 San Jose Permanent
Wed, Thurs, Fri 29, 30, 31 San Jose Permanent
April Sat 1 San Jose Permanent
Wed, Thurs, Fri, Sat 5, 6, 7, 8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Thurs, Fri 13,14 San Jose Permanent
77777 7-77",
Wed, Thurs, Fri 19, 20, 21 San Jose Permanent
u ,
r
Thurs, Fri 27, 28 San Jose Permanent'
P i
May Wed, Thurs, Fri, Sat 3,4,5, 6 San Jose Permanent
Fri, Sat 56, San Martin Permanent
Thurs, Fri, Sat 11, 1213 San Jose Permanent
Wed,Thurs,Fri, Sat 17, 18, 19,20 San Jose Permanent
Wed, Thurs, Fri 24,25, 26 San Jose Permanent
Saturday 27 No. Event No Event MEMORIAL DAY WEE'KE'ND
June Thurs, Fri, Sat 1, 2 ,3 San Jose Permanent
Fri, Sat 23 San Martin Permanent
Thurs, Fri 89 San Jose Permanent
Wed, Thurs, Fri, Sat 14, 1516, 17 San Jose Permanent
Thurs, Fri, Sat 22,23, 24 San Jose Permanent
Wed, Thurs, Fri T28,29, 30 San Jose Permanent
SUBJECT TO CHANGE
DocuSign Envelope ID: CC4684D9-2511-41A8-995D-145F15D6DB2C
4 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Dat Nguyen, Finance Director
APPROVED BY: City Manager
APPROVE UPDATE TO THE CITY'S DONATION POLICY
RECOMMENDATION(S)
Accept changes to the City's Donation Policy
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
2022-2023 Strategic Priorities
Fiscal Sustainability
Community Outreach, Engagement, and Messaging
REPORT NARRATIVE:
The City's Donation Policy was last updated on December 7, 2022. The December 7, 2022 update allowed the City Manager to accept donations from a local business and directed the City Manager to report any donations over $5,000 in the quarterly financial report. At that time, the Council also directed staff to bring back for Council consideration possible changes to the policy. Staff proposes two changes to the policy as follows:
1. Requiring City employees to consult the City Attorney's Office prior to acceptance of any donations. This proposed change would ensure donations would be properly vetted and consistent with all applicable laws, the City's municipal codes, polices, and guidance.
2. Increase the threshold of donations that requires Council acceptance from over $5,000 to over $10,000 but still allow donations to be formally accepted by the City Council if donors request. This proposed change would meet the Council's request to consider more potential agenda items that could be processed administratively.
COMMUNITY ENGAGEMENT:
4 Inform
This staff report serves to inform the community of the proposed changes to the City's Donation Policy.
ALTERNATIVE ACTIONS:
The City Council could reject the staff's proposed changes.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The last update to the City's Donation Policy was on December 7, 2022.
FISCAL AND RESOURCE IMPACT:
There's no fiscal impact associated with updating the City's Donation Policy.
CEQA (California Environmental Quality Act):
Not a Project
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
V009
SUBJECT: DONATIONPOLICY
EFFECTIVE DATE: FEBRUARY 12, 1996
REVISION DATE: JUNE 30, 2003;REVIEWED AUGUST 2007;
DECEMBER 7, 2022; MAY 3, 2023
ORIGINATING DEPARTMENT: FINANCE DEPARTMENT
1. PURPOSE
The purpose of this policy is to provide direction to City employees regarding the acceptance of donations by the City from members of the Public and City employees. This policy is distinguished from the City Gift Policy originated by the City Manager's Office as that policy restricts the acceptance of gifts by individual employees.
2. DONATION POLICY
The City recognizes the value of donations from individuals and organizations. Donations provide an opportunity for community involvement and enhance the City's ability to acquire additional resources. However, the acceptance of donations must always consider the public trust. Therefore, it is the policy of the City of Morgan Hill that, prior to acceptance of donations, the Department Director of the receiving Department must evaluate any impropriety or appearance of impropriety or potential conflict of interest between the donor and the City, and Department, or any City employee in connection with the donation. The City must avoid perceived or real expectations on the part of the donors for preferential treatment as a result of the donation. City employees shall be responsible for consulting with the City Attorney’s Office prior to acceptance of donations.
3. PROCEDURES FOR ACCEPTANCE OF DONATIONS
3.1 If the donation is appropriate, the Department Director or designee must complete a receipt indicating the estimated value of goods or services, date, name of donor, and purpose of donation. The original receipt will be submitted to the donor. The Finance Department shall receive a copy of the receipt.
3.2 Monetary donations will be deposited to the fund in which the purpose of the donation is to be achieved.
3.3 All donations with estimated values exceeding $510,000 must be formally
CITYOF MORGANHILL
ADMINISTRATIVE POLICIES AND PROCEDURES
accepted by the City Council.
3.4 Donations with estimated values under $10,000 may be formally acknowledged by the City Council if donors request.
3.5 The City Manager is delegated to accept donations from the Shoe Palace (per City Council direction on December 7, 2022) and report any donations over $5,000 in the quarterly financial reporting.
3.43.6 Donations from City employees may be accepted. The same standard of propriety must be applied to employee donations.
3.53.7 In no instance shall the City borrow personally owned equipment or property from City employees. The City shall only lease/borrow equipment from equipment rental enterprises or other agencies if the terms and conditions are expressly identified in a written agreement. Either party may initiate the agreement. This requirement may be waived during emergencies officially declared by the City Manager.
This policy is approved by the City Manager to be effective immediately.
APPROVED:
_____________________
City Manager
_____________________
Date
City Council
Meeting Minutes
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, April 19, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.
SPECIAL MEETING
5:00 p.m. closed session
CALL TO ORDER
Mayor Turner called the City Council meeting to order at 5:00 pm.
ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.
PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.
CLOSED SESSION
April 19, 2023
2 City Attorney Don Larkin announced the closed session items.
Threat to Public Services or Facilities
Authority: Pursuant Government Code Section 54957
Consultation with: Morgan Hill Police Department, Chief of Police Conference with Labor Negotiators
Authority: Pursuant Government Code Section 54957.6
City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Edith Ramirez, Assistant City Manager, Development Services
Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #21-050
OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 5:01 pm. There being no requests to speak, public comment closed.
ADJOURN TO CLOSED SESSION
The meeting adjourned to closed session at 5:03 pm.
REGULAR MEETING
6:00 P.M.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Proclaiming April 22, 2023, as Earth Day
Proclaiming April 16 - 23, 2023, as the Days of Remembrance of Victims of the Holocaust
PRESENTATIONS
YAC Presentation - Asset #9 - Service to Others
April 19, 2023
3 New Hire/Retired Teammate Recognitions
CITY COUNCIL REPORTS
Mayor Mark Turner provided an update on the Cal Cities conference that he and Council Member Yvonne Martinez Beltran attended. He also provided an update on LAFCO and noted that the South County representative is retiring and they have appointed someone new to fill her seat. Lastly, he spoke about the Gilroy Chamber of Commerce Legislative Summit he attended where they discussed transportation and water issues.
CITY MANAGER'S REPORT
City Manager Christina Turner announced that the City of Morgan Hill was selected as one of ten cities in the Nation and the only city in California to join the ICMA Economic Mobility Cohort to advance programs that support economic prosperity in our community. The City will specifically look for opportunities to connect people to jobs and housing resources. The City will receive technical assistance in addition to a $30,000 implementation grant.
She also gave a presentation to announce all of the City's new and promoted employees.
CITY ATTORNEY'S REPORT
City Attorney Don Larkin announced that there was no reportable action from the closed session items.
OTHER REPORTS
Council Member Yvonne Martinez Beltran congratulated the Economic Development team for the Economic Mobility Grant. She requested to adjourn in honor of Shirlee Locicero.
Council Member Gino Borgioli provided an update on the Legislative Summit meeting that he attended in Gilroy.
PUBLIC COMMENT
Public comment opened at 6:26 pm. There being no requests to speak, public comment closed.
ADOPTION OF AGENDA
MOTION:
April 19, 2023
4 Adopting the agenda as posted.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
MOTION:
Approving consent calendar items 1 through 6
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
1. ADOPT RESOLUTION AMENDING THE CITY’S COUNTYWIDE SOLID
WASTE BUDGET FOR ADMINISTRATION AND CONTRACTING SERVICES Recommendation:
Adopt resolution appropriating an additional $37,680 to the City's fiscal year 2022-2023 budget in the General Fund (010) and the Countywide Solid Waste Administration Fund (246).
2. APPROVE CONTRACT AMENDMENTS WITH PACIFIC UNDERGROUND
April 19, 2023
5 CONSTRUCTION AND WEST VALLEY CONSTRUCTION COMPANY,
INCREASING CONTRACT AMOUNTS FOR ON-CALL UNDERGROUND
CONSTRUCTION CONTRACTORS
Recommendation:
Authorize the City Manager to execute and administer contract amendments to Pacific Underground Construction, increasing compensation to $450,000, and West Valley Construction Company, increasing compensation to $300,000.
3. APPROVE THE APRIL 5, 2023 CITY COUNCIL MEETING MINUTES Recommendation:
Approve the April 5, 2023 City Council meeting minutes.
4. APPROVE AGREEMENT WITH MONTEREY BAY OFFICE PRODUCTS INC.
FOR PURCHASE AND MAINTENANCE OF THE CITY'S MULTI-FUNCTION
PRINTERS
Recommendation:
1. Approve a Service Agreement with Monterey Bay Office Products, Inc. for $212,005.73 for the purchase, maintenance, and repair of the City’s multifunction printers (MFPs); and
2. Authorize the City Manager to execute and administer the Service Agreement with Monterey Bay Office Products, Inc. through June 30, 2028 with the option to extend five one-year periods.
5. AWARD 2023 INFLOW AND INFILTRATION SANITARY SEWER PROJECT Recommendation:
1. Approve 2023 Inflow and Infiltration Sewer Repair Project plans and specifications;
2. Award contract to Pacific Underground Construction for the 2023 Inflow and Infiltration Sewer Repair Project in the amount of $2,387,620;
3. Authorize expenditure of construction contingency funds not to exceed $250,000; and
4. Authorize the City Manager to execute and administer the construction contract with Pacific Underground Construction.
6. AWARD 2023 SIDEWALK REPAIR PROJECT TO VILLALOBOS &
ASSOCIATES
Recommendation:
1. Award contract to Villalobos & Associates in the amount of $123,760.50; and authorize the expenditure of 40% construction contingency funds not
April 19, 2023
6 to exceed $49,504.20 for a total authorization of $173,264.70; and
2. Authorize the City Manager to execute and administer that certain construction contract with Villalobos & Associates.
ITEMS PULLED FOR DISCUSSION
7. RATIFY CITY POSITIONS ON PENDING LEGISLATION
Recommendation:
1. Ratify the City’s position on pending legislation, Assembly Bill 1708 (Muratsuchi) Theft;
2. Ratify the City’s position on pending legislation, Assembly Bill 480 (Ting) Surplus Land; and
3. Ratify the City's position on pending legislation, Senate Bill 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments.
Public comment opened at 6:28 pm.
Joe Baronowski was called to speak.
There being no further requests to speak, public comment closed.
MOTION:
Approving the recommended action.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Librers
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
8. RECEIVE UPDATE REGARDING PAVEMENT REHABILITATION PLANNING Recommendation:
Receive update on pavement rehabilitation planning.
Public comment opened at 6:41 pm.
Doug Muirhead was called to speak
There being no further requests to speak, public comment closed.
April 19, 2023
7 Public Services Director Chris Ghione provided the report.
Report received.
OTHER BUSINESS
9. APPROVE LEADERSHIP MORGAN HILL RENOVATION AND ART PROJECT
AT THE STAGE PICNIC AREA OF COMMUNITY PARK
Recommendation:
1. Approve Leadership Morgan Hill - Class of 2023 project for the renovation and installation of artwork at the Stage Picnic Area of Community Park; and
2. Delegate final approval of artwork to Leadership Morgan Hill and a subcommittee of the Library, Culture and Arts Commission.
Jeff Schumacher with Leadership Morgan Hill Class of 2023 provided a presentation.
Public comment opened at 7:16 pm.
Brian Sullivan was called to speak.
There being no further requests to speak, public comment closed.
MOTION:
Approving the recommended action.
RESULT: Passed
MOVER: Mayor Turner
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Mayor Turner, Council Member Librers
NAYS: Council Member Martinez Beltran
ABSTAIN: None
ABSENT: None
FUTURE COUNCIL INITIATED AGENDA ITEMS
None.
ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting in honor of Shirlee Locicero at 7:29 p.m.
Minutes Prepared by:
April 19, 2023
8 Michelle Bigelow, City Clerk
6 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Keri Russell, Maintenance Manager
APPROVED BY: City Manager
INITIATE ANNUAL ASSESSMENT PROCESS FOR LANDSCAPE
ASSESSMENT DISTRICT NUMBER 1
RECOMMENDATION(S)
Adopt resolutions approving the following actions:
1. Initiate the proceedings for the levy of assessments for Fiscal Year 2023-24;
2. Approve the Engineer's Annual Report and the proposed assessment levy; and
3. Declare the City Council's intention to levy the assessments in the District and to set the Public Hearing date for June 7, 2023.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:
Landscape Assessment District No. 1 (District) was created to pay for the maintenance of the parks and common area landscaping in new neighborhoods benefiting from the open space. Per Government Code Sections 22623 to 22631, an Engineer's Annual Report (Attachment 1) is required to set the annual assessments in the Landscaping Assessment District and establish a Public Hearing date. This Public Hearing date has been scheduled for the City Council meeting of June 7, 2023.
In May 2011, reserved targets for each subarea were recommended and approved by the Council. The recommended assessment rate for each subarea, which is reflected in the Annual Report, has been proposed at a level that will enable the City to maintain each subarea and make reasonable improvements during the fiscal year. In April 2019, property owners in the Parsons Corner Zone voted to detach from the District.
Therefore, there is no assessment for the Parsons Corner Zone. The Engineer's Annual Report details the proposed Fiscal Year 2023-24 assessments. The recommended assessment rates include increases for two areas, Hamilton Square and Llagas Obata.
6 In the case of multiple subareas where the assessment cap does not increase annually, and funding is limited, maintenance services continue to be minimized. State Law on Landscape Assessment Districts requires a vote of the property owners to increase assessments for any specific sub-area. In some cases, property owners are not willing to increase their assessments. Staff continues to look for alternatives to effectively manage the District and plans to continue engaging residents in many of the underfunded sub-areas over the next year to look for solutions.
COMMUNITY ENGAGEMENT:
Ongoing resident outreach is occurring in several of the subareas and City staff are striving to increase resident outreach. Some areas have more active homeowners groups that work with City staff in planning maintenance projects for their subareas, while residents of other subareas are less engaged. In recent years, City staff have successfully outreached to several areas. We are closely working with active districts on the ongoing maintenance and budget for their district. Although outreach with residents is typically positive, not all residents are satisfied with the service being provided within their subarea. This dissatisfaction is often due to the limitations of funding available to the subarea without the associated increase in assessments levied.
Staff is recommending increases to Hamliton Square and Llagas Obata sub areas. Staff have had resident meetings with both Hamilton Square and Llagas Obata to discuss the increases. Hamilton Square had good homeowner engagement whereas Llagas Obata did not.
ALTERNATIVE ACTIONS:
There is no other practical alternative action. The City Council could choose to provide staff with further direction on management of the District.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
In 1991, the City Council, under the Landscaping and Lighting Act of 1971, created the Fox Hollow/Murphy Springs Landscape Assessment District, and in 2010 chose to rename it to the City of Morgan Hill Landscape Assessment District No 1. In May 2011, reserve targets for each subarea were established by the Council.
The City Council adopts the annual assessments and the ordering of the levy for assessments for the District each year. This occurred most recently on June 1, 2022.
FISCAL AND RESOURCE IMPACT:
The cost for preparation of the Engineer's Annual Report will be paid for by the Landscape Assessment District Fund (229). It is anticipated that the District will generate $202,700 in revenues in Fiscal Year 2023-24. Expenses are budgeted at $212,237, meaning that overall the District's reserves are projected to be reduced by $9,537 in the upcoming fiscal year. Providing administrative oversight to the District is a core activity of the Public Services Department's work program.
6 CEQA (California Environmental Quality Act):
Categorical Exemption
The planned maintenance and management of the subareas within the lighting and landscape assessment district fall within the CEQA categorical exemption of Class 1, Existing Facilities.
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2023/24 Engineer’s Report For:
Landscape Assessment District No. 1
May 2023
CITY OF MORGAN HILL
17575 Peak Avenue
Morgan Hill, CA 95037-4128
Phone: (408) 779-7271
Fax: (408) 778-1564
CITY COUNCIL
Mark Turner, Mayor
Rene Spring, Mayor Pro Tem
Gino Borgioli, Council Member
Yvonne Martinez Beltran, Council Member
Marilyn Librers, Council Member
CITY STAFF
Christina Turner, City Manager
Chris Ghione, Public Services Director
Dat Nguyen, Finance Director
Keri Russell, Maintenance Manager
NBS
Melissa Ellico, Administrator
Darrylanne Zarate, Project Manager
Greg Davidson, Client Service Director
TABLE OF CONTENTS
1. Executive Summary ........................................................................................................1
2. Overview........................................................................................................................2
2.1 Introduction ..............................................................................................................2
2.2 Description of Boundaries ........................................................................................2
2.3 Description of Improvements and Services..............................................................2
3. Estimate of Costs............................................................................................................3
3.1 Definitions of Budget Items......................................................................................3
3.2 Zone Budgets............................................................................................................4
4. Assessments...................................................................................................................5
4.1 Method of Apportionment.......................................................................................5
4.2 Belle Estates Zone.....................................................................................................5
4.3 Chang/Bertelone Zone..............................................................................................6
4.4 Conte Gardens Zone .................................................................................................6
4.5 Diana Estates Zone....................................................................................................7
4.6 Fox Hollow/Murphy Springs Zone ............................................................................7
4.7 Hamilton Square Zone ..............................................................................................8
4.8 Jackson Meadows 6A/6B Zone .................................................................................8
4.9 Jackson Meadows Number 7 Zone...........................................................................8
4.10 La Grande Estates Zone ............................................................................................9
4.11 Lacrosse/Gera Zone ..................................................................................................9
4.12 Llagas Creek Estates Zone.......................................................................................10
4.13 Llagas/Obata Zone ..................................................................................................10
4.14 Mill Creek Zone.......................................................................................................11
4.15 Oak Creek I, II, III .....................................................................................................11
4.16 Parsons Corner Zone...............................................................................................12
4.17 Rose Haven Zone ....................................................................................................12
4.18 Sandalwood Zone ...................................................................................................12
4.19 Sparhawk Zone .......................................................................................................13
4.20 Stone Creek Zone....................................................................................................13
4.21 Sunnyside/Stone Gate Zone ...................................................................................14
5. Assessment Diagrams................................................................................................... 15
6. Assessment Roll............................................................................................................ 16
7. Historical Assessment Rates.......................................................................................... 17
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 1
1. EXECUTIVE SUMMARY
WHEREAS, the City Council of the City of Morgan Hill (the “City”), State of California, directed NBS to prepare and file a report, in accordance with Chapter 1, Article 4 of the Landscaping and Lighting Act of 1972 (the “Act”), presenting the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City’s Landscape Assessment District No. 1 (the “District”) for Fiscal Year 2023/24. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and;
WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The proposed assessments are not proposed to increase by more than the approved maximum allowable increases.
NOW THEREFORE, assessments have been levied in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation, and are made to cover the portion of the estimated costs of maintenance, operation, and servicing of the improvements, to be paid by the assessable real property within the District in proportion to the special benefit received:
Zone Units
FY 2023/24
Maximum
Assessment Rate
FY 2023/24 Actual
Assessment Rate
Total
Assessment(1)
Belle Estates 36 $502.22 $310.00 $11,160.00
Chang/Bertelone 8 1,215.00 550.00 4,400.00
Conte Gardens 11 477.82 365.00 4,015.00
Diana Estates 64 139.39 139.39 8,920.96
Fox Hollow(2) 75 240.21 173.53 13,014.75
Hamilton Square 38 425.54 425.00 16,150.00
Jackson Meadows #6 70 108.10 108.00 7,560.00
Jackson Meadows #7 10 314.58 100.00 1,000.00
La Grande Estates 32 88.00 88.00 2,816.00
Lacrosse/Gera 24 142.99 50.00 1,200.00
Llagas Creek(2) 71 323.46 233.67 16,590.57
Llagas/Obata 5 629.16 450.00 2,250.00
Mill Creek(2,4) 84 311.42 285.00 23,940.00
Oak Creek I, II, III 119 453.82 425.00 50,575.00
Parsons Corner(3) NOT APPLICABLE
Rose Haven 27 488.47 400.00 10,800.00
Sandalwood(4) 11 450.00 450.00 4,950.00
Sparhawk(2) 18 344.43 334.00 6,012.00
Stone Creek(2) 35 537.71 388.46 13,596.10
Sunnyside/Stonegate(2) 10 788.02 375.00 3,750.00
Totals: 748 $202,700.38
(1) Actual amount placed on secured tax roll may be less due to Santa Clara County submittal requirements. Amounts placed on the tax roll must be rounded down to an even number.
(2) Maximum Assessment Rate increases by 3% annually.
(3) Detachment of Parsons Corner Zone was approved in April 2019. (4) Includes increased maximum assessment rate approved by property owners.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 2
2. OVERVIEW
2.1 Introduction
In 1991, the City Council created the Fox Hollow/Murphy Springs Landscape Assessment District, under the Act, and in 2010 chose to rename it to the City of Morgan Hill Landscape Assessment District No. 1. The District was formed in order to provide for the continued maintenance, operation, and administration of various improvements within the boundaries of the District. Following the initial formation, additional territory was annexed to the District as separate Zones. Currently, the District is comprised of 19 Zones (which decreased from 20 as a result of property owners within Parsons Corner electing to detach from the District in April 2019).
The District provides for and ensures the continued maintenance, servicing, administration, and operation of various landscaping improvements and associated appurtenances located within the public right-of-way and dedicated easements within the boundaries of the District.
2.2 Description of Boundaries
Exhibits from the Engineer’s Report at the formation of the District define the boundaries and maintenance areas of each Zone within the District. These exhibits are on file and available for review at the Office of the City Engineer and, in conjunction with the County of Santa Clara (the “County”) Assessor's maps of the areas annexed, comprise the assessment diagrams for the respective annexations. The Assessor's maps are on file in the office of the County Assessor and are, by reference, made a part of this Report.
2.3 Description of Improvements and Services
The improvements include the construction, operation, maintenance, and servicing of landscaping and appurtenant facilities; including, but not limited to, personnel, electrical energy, utilities such as water and gas, materials, contracting services, and other items necessary for the satisfactory operation of the following services:
“Landscape improvements provided within the District may include, but are not limited to:
ground cover, shrubs, plants and trees, irrigation and drainage systems, graffiti removal, entry monuments, and associated appurtenant facilities. Services provided include all necessary service, operations, administration, and maintenance required to keep the above-mentioned improvements in a healthy, vigorous, and satisfactory condition.” Reference is made to the Plans and Specifications for the improvements, which is on file with the City.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 3
3. ESTIMATE OF COSTS
3.1 Definitions of Budget Items
The following definitions describe some of the services and costs that may be included in the Zone Budgets:
Direct Expenses
Maintenance: Includes all regularly scheduled labor, material (i.e. pipe, fertilizer, insecticides, paint, etc.) and equipment required to properly maintain and ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities.
Extra Contract Costs: Includes all labor, equipment, and material costs associated with unscheduled repairs and improvements needed to ensure the satisfactory condition of all landscaping, irrigation and drainage systems, and appurtenant facilities.
Water/Sewer: Includes the furnishing of water required for the operation and maintenance of the landscaping facilities.
Electricity Costs: Includes the furnishing of electricity required for irrigation systems for the operation and maintenance of the landscaping facilities.
Other Supplies: Includes costs that are generally unforeseen and not normally included in the yearly maintenance contract costs. This may include repair of damaged amenities due to vandalism, storms, heavy frost, etc. Also included may be planned upgrades that provide a direct benefit to the District. These upgrades could include replacing plant materials and/or renovation of irrigation systems.
Administrative Expenses
Salaries: Includes the cost to particular departments and staff of the City to provide the coordination of District services, operations, and maintenance of the improvements, response to public concerns and education, and procedures associated with the levy and collection of assessments.
Postage/Advertising: Includes the cost of providing any mailed notice to the property owners and publishing and posting the Resolution of Intention as required by the Act.
Internal Services: Includes overhead costs allocated to the District for various City staff services.
Administrative/Engineering Contract: Includes the costs associated with contracting with professionals to provide services specific to the administration of the levy.
Contingency/Capital Replacement Fund Balance (Reduction)/Reserve Positive amounts are collected for various reasons that include, but are not limited to, any or all of the following:
• To maintain reserves which enable the City to pay for costs associated with the District during the first six months of the fiscal year,
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 4
Contingency/Capital Replacement Fund Balance (Reduction)/Reserve (continued) • To reduce the current fund balance deficit (if any) that exists as of the beginning of the fiscal year, and
• To plan for the replacement of capital improvements in the future.
3.2 Zone Budgets
The estimated costs of servicing, maintaining, repairing, and replacing the actual improvements for each Zone for Fiscal Year 2023/24 are shown on the following pages.
City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
Belle Estates
DIRECT EXPENSES
Maintenance $3,939.26
Extra Contract Costs 2,000.00
Water/Sewer 3,025.00
Electricity Costs
Other Supplies 525.00
Subtotal Direct Expenses $9,489.26
ADMINISTRATIVE EXPENSES
Salaries $1,241.82
Postage/Advertising 10.03
Internal Services 1,003.65
Administrative/Engineering Contract 403.53
Subtotal Administrative Expenses $2,659.03
SUBTOTAL ZONE COST $12,148.29
Fund Balance (Reduction)/Reserve (988.29)
TOTAL BALANCE TO LEVY $11,160.00
Number of Assessable Units 36
Assessment Rate per Unit $310.00
Estimated Beginning Fund Balance July 1, 2023 $13,919.51 Fund Balance Change (988.29)
Estimated Ending Fund Balance June 30, 2024 $12,931.22
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Chang /
Bertelone
$2,262.44
0.00 1,100.00
400.00
$3,762.44
$275.96
2.23 223.03
89.67 $590.90
$4,353.33
46.67 $4,400.00
8 $550.00
$11,490.22
46.67 $11,536.89
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Conte Gardens
$0.00
1,000.00
2,750.00
240.00
500.00
$4,490.00
$379.45
3.06 306.67
123.30
$812.48
$5,302.48
(1,287.48)
$4,015.00
11 $365.00
$12,565.49
(1,287.48)
$11,278.01
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Diana Estates
$3,925.98
500.00
935.00
0.00 0.00
$5,360.98
$2,207.69
17.83 1,784.26
717.39
$4,727.17
$10,088.14
(1,167.18)
$8,920.96
64 $139.39
$7,205.47
(1,167.18)
$6,038.29
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Fox Hollow
$2,262.44
1,500.00
5,100.00
0.00 0.00
$8,862.44
$2,587.13
20.89 2,090.93
840.69
$5,539.65
$14,402.08
(1,387.33)
$13,014.75
75 $173.53
$13,720.12
(1,387.33)
$12,332.79
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Hamilton Square
$8,949.44
0.00 4,400.00
247.50
1,000.00
$14,596.94
$1,310.81
10.58 1,059.40
425.95
$2,806.75
$17,403.70
(1,253.70)
$16,150.00
38 $425.00
$9,331.82
(1,253.70)
$8,078.12
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Jackson
Meadows #6
$994.38
1,350.00
0.00 0.00
0.00 $2,344.38
$2,414.66
19.50 1,951.54
784.65
$5,170.34
$7,514.72
45.28 $7,560.00
70 $108.00
$959.43
45.28 $1,004.71
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Jackson
Meadows #7
$1,092.00
0.00 0.00
0.00 0.00
$1,092.00
$344.95
2.79 278.79
112.09
$738.62
$1,830.62
(830.62)
$1,000.00
10 $100.00
$4,460.09
(830.62)
$3,629.47
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
La Grande Estates
$0.00
0.00 0.00
0.00 0.00
$0.00
$1,103.84
8.91 892.13
358.70
$2,363.58
$2,363.58
452.42
$2,816.00
32 $88.00
($8,068.84)
452.42
($7,616.42)
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Lacrosse/Gera
$1,092.00
0.00 0.00
0.00 0.00
$1,092.00
$413.94
3.34 334.55
134.51
$886.34
$1,978.34
(778.34)
$1,200.00
24 $50.00
$1,773.08
(778.34)
$994.74
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Llagas Creek
$6,322.39
1,000.00
5,250.00
0.00 0.00
$12,572.39
$2,449.15
19.78 1,979.41
795.86
$5,244.20
$17,816.59
(1,226.02)
$16,590.57
71 $233.67
$8,370.75
(1,226.02)
$7,144.73
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Llagas/Obata
$1,330.67
0.00 275.00
0.00 0.00
$1,605.67
$172.48
1.39 139.40
56.05 $369.31
$1,974.97
275.03
$2,250.00
5 $450.00
$1,001.30
275.03
$1,276.32
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Mill Creek
$9,943.83
500.00
4,708.00
252.00
1,500.00
$16,903.83
$2,897.59
23.40 2,341.84
941.58
$6,204.40
$23,108.23
831.77
$23,940.00
84 $285.00
$11,336.31
831.77
$12,168.08
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Oak Creek I, II, III
$20,910.12
7,500.00
11,770.00
3,700.00
2,500.00
$46,380.12
$4,104.92
33.15 3,317.61
1,333.90
$8,789.57
$55,169.69
(4,594.69)
$50,575.00
119
$425.00
$42,811.54
(4,594.69)
$38,216.85
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Rose Haven
$7,955.06
500.00
1,210.00
270.90
400.00
$10,335.96
$931.37
7.52 752.74
302.65
$1,994.27
$12,330.23
(1,530.23)
$10,800.00
27 $400.00
$19,668.25
(1,530.23)
$18,138.02
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Sandalwood
$332.88
0.00 0.00
0.00 0.00
$332.88
$379.45
3.06 306.67
123.30
$812.48
$1,145.36
3,804.64
$4,950.00
11 $450.00
$12,703.33
3,804.64
$16,507.97
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Sparhawk
$2,262.44
250.00
1,875.00
0.00 0.00
$4,387.44
$620.91
5.01 501.82
201.77
$1,329.52
$5,716.95
295.05
$6,012.00
18 $334.00
$495.65
295.05
$790.70
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Stone Creek
$6,089.15
1,500.00
3,300.00
0.00 0.00
$10,889.15
$1,207.33
9.75 975.77
392.32
$2,585.17
$13,474.32
121.78
$13,596.10
35 $388.46
$3,572.99
121.78
$3,694.77
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Sunnyside /
Stone Gate
$1,988.77
400.00
588.50
0.00 400.00
$3,377.27
$344.95
2.79 278.79
112.09
$738.62
$4,115.88
(365.88)
$3,750.00
10 $375.00
$14,520.67
(365.88)
$14,154.79
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City of Morgan Hill
Landscape Assessment District No. 1
Fiscal Year 2023/24 Budget by Zone
DIRECT EXPENSES
Maintenance
Extra Contract Costs
Water/Sewer
Electricity Costs
Other Supplies
Subtotal Direct Expenses
ADMINISTRATIVE EXPENSES
Salaries
Postage/Advertising
Internal Services
Administrative/Engineering Contract
Subtotal Administrative Expenses
SUBTOTAL ZONE COST
Fund Balance (Reduction)/Reserve
TOTAL BALANCE TO LEVY
Number of Assessable Units
Assessment Rate per Unit
Estimated Beginning Fund Balance July 1, 2023
Fund Balance Change
Estimated Ending Fund Balance June 30, 2024
Total of all Zones
$81,653.23
18,000.00
46,286.50
4,710.40
7,225.00
$157,875.13
$25,388.40
205.00
20,519.00
8,250.00
$54,362.40
$212,237.53
(9,537.15)
$202,700.38
748
N/A
$181,837.17
(9,537.15)
$172,300.03
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City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 5
4. ASSESSMENTS
The amount of the actual assessment for the Fiscal Year 2023/24 apportioned to each parcel, as shown on the latest equalized roll at the County Assessor’s office, is listed in Section 6 of this Report. The description of each lot or parcel is part of the records of the County Assessor and such records are, by reference, made part of this Report.
4.1 Method of Apportionment
The assessments are levied in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation.
Pursuant to the Act and Article XIII D of the Constitution of the State of California, all parcels that have special benefit conferred upon them as a result of the maintenance and operation of improvements shall be identified and the proportionate special benefit derived by each identified parcel shall be determined in relation to the entire cost of the maintenance and operation of the improvements. Only parcels that receive direct special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Several Zones have been annexed into the District and it has been determined that by reason of variations in the nature, location, and extent of the improvements, those areas will receive differing degrees of benefit from the improvements.
Within the Zones, each parcel is allocated a number of units, where each such unit is deemed to receive the same proportional special benefit from the maintenance and operation of the improvements within that Zone. The typical parcel, with a single-family residential use, will have one unit assigned. If the use or nature of a parcel confers special benefit in a greater or lesser degree than that typical use, that parcel may have greater than or less than one unit assigned.
4.2 Belle Estates Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $502.22 per unit. There is currently no inflator associated with the Belle Estates Zone assessments.
There are currently 36 parcels within this Zone, and the total Zone costs are spread to each of the 36 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $11,160.00 Total Units 36
Fiscal Year 2023/24 Actual Assessment Per Unit $310.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $502.22
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 6
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $310.00
Fiscal Year 2023/24 Actual Assessment Per Unit $310.00
Change in the Actual Assessment Rate $0.00
4.3 Chang/Bertelone Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $1,215.00 per unit. There is currently no inflator associated with the Chang/Bertelone Zone assessments.
There are currently 8 parcels within this Zone, and the total Zone costs are spread to each of the 8 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $4,400.00 Total Units 8
Fiscal Year 2023/24 Actual Assessment Per Unit $550.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $1,215.00 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $550.00
Fiscal Year 2023/24 Actual Assessment Per Unit $550.00
Change in the Actual Assessment Rate $0.00
4.4 Conte Gardens Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $477.82 per unit. There is currently no inflator associated with the Conte Gardens Zone assessments.
There are currently 11 parcels within this Zone, and the total Zone costs are spread to each of the 11 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $4,015.00 Total Units 11
Fiscal Year 2023/24 Actual Assessment Per Unit $365.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $477.82 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $365.00
Fiscal Year 2023/24 Actual Assessment Per Unit $365.00
Change in the Actual Assessment Rate $0.00
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 7
4.5 Diana Estates Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $139.39 per unit. There is currently no inflator associated with the Diana Estates Zone assessments.
There are currently 64 parcels within this Zone, and the total Zone costs are spread to each of the 64 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $8,920.96 Total Units 64
Fiscal Year 2023/24 Actual Assessment Per Unit(1) $139.39 Fiscal Year 2023/24 Maximum Assessment Per Unit $139.39 (1) May be rounded down to even cents per parcel for County Tax Roll purposes.
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $139.39
Fiscal Year 2023/24 Actual Assessment Per Unit $139.39
Change in the Actual Assessment Rate $0.00
4.6 Fox Hollow/Murphy Springs Zone
The assessment rate originally approved at the time of District formation was $106.15 per unit. In July 2005, the City conducted Proposition 218 proceedings to increase the maximum assessment rate and add an annual inflator of 3% for the Zone. Property owners approved the rate increase and the inflator. Each year the maximum assessment rate is increased by 3% over the previous year’s maximum assessment rate.
The rate increase took effect in Fiscal Year 2005/06 and the 3% inflator took effect in Fiscal Year 2006/07.
There are currently 75 parcels within this Zone, and the total Zone costs are spread to each of the 75 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $13,014.75 Total Units 75
Fiscal Year 2023/24 Actual Assessment Per Unit(1) $173.53 Fiscal Year 2023/24 Maximum Assessment Per Unit $240.21 (1) May be rounded down to even cents per parcel for County Tax Roll purposes.
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $173.53
Fiscal Year 2023/24 Actual Assessment Per Unit $173.53
Change in the Actual Assessment Rate $0.00
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 8
4.7 Hamilton Square Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $425.54 per unit. There is currently no inflator associated with the Hamilton Square Zone assessments.
There are currently 38 parcels within this Zone, and the total Zone costs are spread to each of the 38 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $16,150.00 Total Units 38
Fiscal Year 2023/24 Actual Assessment Per Unit $425.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $425.54 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $325.00
Fiscal Year 2023/24 Actual Assessment Per Unit $425.00
Change in the Actual Assessment Rate $100.00
4.8 Jackson Meadows 6A/6B Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $108.10 per unit. There is currently no inflator associated with the Jackson Meadows 6A/6B Zone assessments.
There are currently 70 parcels within this Zone, and the total Zone costs are spread to each of the 70 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $7,560.00 Total Units 70
Fiscal Year 2023/24 Actual Assessment Per Unit $108.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $108.10 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $108.00
Fiscal Year 2023/24 Actual Assessment Per Unit $108.00
Change in the Actual Assessment Rate $0.00
4.9 Jackson Meadows Number 7 Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $314.58 per unit. There is currently no inflator associated with the Jackson Meadows Number 7 Zone assessments.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 9
There are currently 10 parcels within this Zone, and the total Zone costs are spread to each of the 10 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $1,000.00 Total Units 10
Fiscal Year 2023/24 Actual Assessment Per Unit $100.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $314.58 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $100.00
Fiscal Year 2023/24 Actual Assessment Per Unit $100.00
Change in the Actual Assessment Rate $0.00
4.10 La Grande Estates Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $88.00 per unit. There is currently no inflator associated with the La Grande Estates Zone assessments.
There are currently 32 parcels within this Zone, and the total Zone costs are spread to each of the 32 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $2,816.00 Total Units 32
Fiscal Year 2023/24 Actual Assessment Per Unit $88.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $88.00
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $88.00
Fiscal Year 2023/24 Actual Assessment Per Unit $88.00
Change in the Actual Assessment Rate $0.00
4.11 Lacrosse/Gera Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $142.99 per unit. There is currently no inflator associated with the Lacrosse/Gera Zone assessments.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 10
There are currently 24 parcels within this Zone, and the total Zone costs are spread to each of the 24 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $1,200.00 Total Units 24
Fiscal Year 2023/24 Actual Assessment Per Unit $50.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $142.99
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $50.00
Fiscal Year 2023/24 Actual Assessment Per Unit $50.00
Change in the Actual Assessment Rate $0.00
4.12 Llagas Creek Estates Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $140.84 per unit. In July 2005, the City conducted Proposition 218 proceedings to increase the maximum assessment rate and add an annual inflator of 3% for the Zone. Property owners approved the rate increase and the inflator. Each year the maximum assessment rate is increased by 3% over the previous year’s maximum assessment rate. The rate increase took effect in Fiscal Year 2005/06 and the 3% inflator took effect in Fiscal Year 2006/07.
There are currently 71 parcels within this Zone, and the total Zone costs are spread to each of the 71 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $16,590.57 Total Units 71
Fiscal Year 2023/24 Actual Assessment Per Unit(1) $233.67 Fiscal Year 2023/24 Maximum Assessment Per Unit $323.46 (1) May be rounded down to even cents per parcel for County Tax Roll purposes.
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $233.67
Fiscal Year 2023/24 Actual Assessment Per Unit $233.67
Change in the Actual Assessment Rate $0.00
4.13 Llagas/Obata Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $629.16 per unit. There is currently no inflator associated with the Llagas/Obata Zone assessments.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 11
There are currently 5 parcels within this Zone, and the total Zone costs are spread to each of the 5 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $2,250.00 Total Units 5
Fiscal Year 2023/24 Actual Assessment Per Unit $450.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $629.16 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $400.00
Fiscal Year 2023/24 Actual Assessment Per Unit $450.00
Change in the Actual Assessment Rate $50.00
4.14 Mill Creek Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $186.82 per unit. In February 2020, the City conducted Proposition 218 proceedings to increase the maximum assessment rate and add an annual inflator of 3% for the Zone. Property owners approved the assessment rate increase to $285.00 per unit and the inflator. The rate increase took effect in Fiscal Year 2020/21 and the 3% inflator takes effect in Fiscal Year 2021/22.
There are currently 84 parcels within this Zone, and the total Zone costs are spread to each of the 84 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $23,940.00 Total Units 84
Fiscal Year 2023/24 Actual Assessment Per Unit $285.00
Fiscal Year 2023/24 Maximum Assessment Per Unit(1) $311.42 (1) Assessment Rate increase approved by property owners in February 2020.
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $285.00
Fiscal Year 2023/24 Actual Assessment Per Unit $285.00
Change in the Actual Assessment Rate $0.00
4.15 Oak Creek I, II, III
The assessment rate originally approved at the time of annexing this Zone into the District was $453.82 per unit. There is currently no inflator associated with the Oak Creek I, II, III Zone assessments.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 12
There are currently 119 parcels within this Zone, and the total Zone costs are spread to each of the 119 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $50,575.00 Total Units 119
Fiscal Year 2023/24 Actual Assessment Per Unit $425.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $453.82 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $425.00
Fiscal Year 2023/24 Actual Assessment Per Unit $425.00
Change in the Actual Assessment Rate $0.00
4.16 Parsons Corner Zone
In April 2019, property owners in the Parsons Corner Zone voted to detach from the District. Therefore, there is no assessment for the Parsons Corner Zone.
4.17 Rose Haven Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $488.47 per unit. There is currently no inflator associated with the Rose Haven Zone assessments.
There are currently 24 parcels with a total of 27 units within this Zone, and the total Zone costs are spread to each of the 27 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $10,800.00 Total Units 27
Fiscal Year 2023/24 Actual Assessment Per Unit $400.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $488.47 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $400.00
Fiscal Year 2023/24 Actual Assessment Per Unit $400.00
Change in the Actual Assessment Rate $0.00
4.18 Sandalwood Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $192.39 per unit. In April 2018, property owners approved the assessment rate increase to $450.00 per unit. There is currently no inflator associated with the Sandalwood Zone assessments.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 13
There are currently 11 parcels within this Zone, and the total Zone costs are spread to each of the 11 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $4,950.00 Total Units 11
Fiscal Year 2023/24 Actual Assessment Per Unit $450.00
Fiscal Year 2023/24 Maximum Assessment Per Unit(1) $450.00 (1) Assessment Rate increase approved by property owners in April 2018.
Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $450.00
Fiscal Year 2023/24 Actual Assessment Per Unit $450.00
Change in the Actual Assessment Rate $0.00
4.19 Sparhawk Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $174.77 per unit. In July 2005, the City conducted Proposition 218 proceedings to increase the maximum assessment rate and add an annual inflator of 3% for the Zone. Property owners approved the rate increase and the inflator. Each year the maximum assessment rate is increased by 3% over the previous year’s maximum assessment rate. The rate increase took effect in Fiscal Year 2005/06 and the 3% inflator took effect in Fiscal Year 2006/07.
There are currently 18 parcels within this Zone, and the total Zone costs are spread to each of the 18 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $6,012.00 Total Units 18
Fiscal Year 2023/24 Actual Assessment Per Unit $334.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $344.43 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $334.00
Fiscal Year 2023/24 Actual Assessment Per Unit $334.00
Change in the Actual Assessment Rate $0.00
4.20 Stone Creek Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $306.66 per unit. In July 2005, the City conducted Proposition 218 proceedings to add an annual inflator of 3% for the
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 14
Zone. Property owners approved the inflator. Each year the maximum assessment rate is increased by 3% over the previous year’s maximum assessment rate. The inflator took effect in Fiscal Year 2005/06.
There are currently 35 parcels within this Zone, and the total Zone costs are spread to each of the 35 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $13,596.10 Total Units 35
Fiscal Year 2023/24 Actual Assessment Per Unit $388.46
Fiscal Year 2023/24 Maximum Assessment Per Unit $537.71 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $388.46
Fiscal Year 2023/24 Actual Assessment Per Unit $388.46
Change in the Actual Assessment Rate $0.00
4.21 Sunnyside/Stone Gate Zone
The assessment rate originally approved at the time of annexing this Zone into the District was $449.40 per unit. In July 2005, the City conducted Proposition 218 proceedings to add an annual inflator of 3% for the Zone. Property owners approved the inflator. Each year the maximum assessment rate is increased by 3% over the previous year’s maximum assessment rate. The inflator took effect in Fiscal Year 2005/06.
There are currently 10 parcels within this Zone, and the total Zone costs are spread to each of the 10 units as follows:
Estimated Fiscal Year 2023/24 Costs and Fund Adjustment $3,750.00 Total Units 10
Fiscal Year 2023/24 Actual Assessment Per Unit $375.00
Fiscal Year 2023/24 Maximum Assessment Per Unit $788.02 Any change in the assessment rate from the previous fiscal year is identified below:
Fiscal Year 2022/23 Actual Assessment Per Unit $375.00
Fiscal Year 2023/24 Actual Assessment Per Unit $375.00
Change in the Actual Assessment Rate $0.00
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 15
5. ASSESSMENT DIAGRAMS
The Assessment Diagrams for each Zone in the District have been submitted to the City Clerk in the format required under the provisions of the Act. Copies of the diagrams are included herein. The lines and dimensions shown on maps of the County Assessor for the current year are, by reference, made part of this Report as well.
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 16
6. ASSESSMENT ROLL
The listing of Fiscal Year 2023/24 assessments is provided per Zone on the following pages. The description of each lot or parcel as part of the records of the County Assessor are, by reference, made part of this Report as well.
City of Morgan Hill
Belle Estates
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 726-16-043 $310.00 1 $0.00 $310.00
726-16-044 310.00 1 0.00 310.00
726-16-045 310.00 1 0.00 310.00
726-16-046 310.00 1 0.00 310.00
726-16-048 310.00 1 0.00 310.00
726-16-050 310.00 1 0.00 310.00
726-16-051 310.00 1 0.00 310.00
726-16-052 310.00 1 0.00 310.00
726-16-053 310.00 1 0.00 310.00
726-16-054 310.00 1 0.00 310.00
726-16-055 310.00 1 0.00 310.00
726-16-056 310.00 1 0.00 310.00
726-16-057 310.00 1 0.00 310.00
726-16-058 310.00 1 0.00 310.00
726-16-059 310.00 1 0.00 310.00
726-16-060 310.00 1 0.00 310.00
726-16-061 310.00 1 0.00 310.00
726-16-062 310.00 1 0.00 310.00
726-16-063 310.00 1 0.00 310.00
726-16-064 310.00 1 0.00 310.00
726-16-065 310.00 1 0.00 310.00
726-16-066 310.00 1 0.00 310.00
726-16-068 310.00 1 0.00 310.00
726-16-069 310.00 1 0.00 310.00
726-16-070 310.00 1 0.00 310.00
726-16-071 310.00 1 0.00 310.00
726-16-072 310.00 1 0.00 310.00
726-16-074 310.00 1 0.00 310.00
726-16-075 310.00 1 0.00 310.00
726-16-076 310.00 1 0.00 310.00
726-16-077 310.00 1 0.00 310.00
726-16-078 310.00 1 0.00 310.00
726-16-079 310.00 1 0.00 310.00
726-16-080 310.00 1 0.00 310.00
726-16-081 310.00 1 0.00 310.00
726-16-082 310.00 1 0.00 310.00
36 Accounts 36 $0.00 $11,160.00
Slight variances may occur due to rounding
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City of Morgan Hill
Chang/Bertelone
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 764-23-050 $550.00 1 $0.00 $550.00
764-23-051 550.00 1 0.00 550.00
764-23-052 550.00 1 0.00 550.00
764-23-053 550.00 1 0.00 550.00
764-23-057 550.00 1 0.00 550.00
764-23-058 550.00 1 0.00 550.00
764-23-059 550.00 1 0.00 550.00
764-23-060 550.00 1 0.00 550.00
8 Accounts 8 $0.00 $4,400.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Conte Gardens
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 728-10-010 $365.00 1 $0.00 $365.00
728-10-011 365.00 1 0.00 365.00
728-10-012 365.00 1 0.00 365.00
728-10-013 365.00 1 0.00 365.00
728-10-014 365.00 1 0.00 365.00
728-10-015 365.00 1 0.00 365.00
728-10-016 365.00 1 0.00 365.00
728-10-017 365.00 1 0.00 365.00
728-10-018 365.00 1 0.00 365.00
728-10-019 365.00 1 0.00 365.00
728-10-020 365.00 1 0.00 365.00
11 Accounts 11 $0.00 $4,015.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 3 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Diana Estates
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 726-07-042 $139.39 1 ($0.01) $139.38
726-07-043 139.39 1 (0.01) 139.38
726-07-044 139.39 1 (0.01) 139.38
726-07-045 139.39 1 (0.01) 139.38
726-07-055 139.39 1 (0.01) 139.38
726-07-056 139.39 1 (0.01) 139.38
726-07-057 139.39 1 (0.01) 139.38
726-07-058 139.39 1 (0.01) 139.38
726-07-059 139.39 1 (0.01) 139.38
726-07-060 139.39 1 (0.01) 139.38
726-07-061 139.39 1 (0.01) 139.38
726-07-062 139.39 1 (0.01) 139.38
726-07-063 139.39 1 (0.01) 139.38
726-07-064 139.39 1 (0.01) 139.38
726-07-065 139.39 1 (0.01) 139.38
726-07-066 139.39 1 (0.01) 139.38
726-07-067 139.39 1 (0.01) 139.38
726-07-068 139.39 1 (0.01) 139.38
726-07-069 139.39 1 (0.01) 139.38
726-07-070 139.39 1 (0.01) 139.38
726-07-071 139.39 1 (0.01) 139.38
726-07-072 139.39 1 (0.01) 139.38
726-07-073 139.39 1 (0.01) 139.38
726-07-074 139.39 1 (0.01) 139.38
726-07-075 139.39 1 (0.01) 139.38
726-07-077 139.39 1 (0.01) 139.38
726-07-078 139.39 1 (0.01) 139.38
726-07-080 139.39 1 (0.01) 139.38
726-07-081 139.39 1 (0.01) 139.38
726-07-082 139.39 1 (0.01) 139.38
726-07-083 139.39 1 (0.01) 139.38
726-07-084 139.39 1 (0.01) 139.38
726-07-085 139.39 1 (0.01) 139.38
726-07-086 139.39 1 (0.01) 139.38
726-07-087 139.39 1 (0.01) 139.38
726-08-031 139.39 1 (0.01) 139.38
726-08-032 139.39 1 (0.01) 139.38
726-08-033 139.39 1 (0.01) 139.38
726-08-034 139.39 1 (0.01) 139.38
726-08-035 139.39 1 (0.01) 139.38
726-08-036 139.39 1 (0.01) 139.38
726-08-046 139.39 1 (0.01) 139.38
Slight variances may occur due to rounding
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City of Morgan Hill
Diana Estates
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 726-08-047 139.39 1 (0.01) 139.38
726-08-048 139.39 1 (0.01) 139.38
726-08-049 139.39 1 (0.01) 139.38
726-08-050 139.39 1 (0.01) 139.38
726-08-051 139.39 1 (0.01) 139.38
726-08-052 139.39 1 (0.01) 139.38
726-08-053 139.39 1 (0.01) 139.38
726-08-054 139.39 1 (0.01) 139.38
726-08-055 139.39 1 (0.01) 139.38
726-08-056 139.39 1 (0.01) 139.38
726-08-057 139.39 1 (0.01) 139.38
726-08-058 139.39 1 (0.01) 139.38
726-08-059 139.39 1 (0.01) 139.38
726-08-060 139.39 1 (0.01) 139.38
726-08-061 139.39 1 (0.01) 139.38
726-08-062 139.39 1 (0.01) 139.38
726-08-063 139.39 1 (0.01) 139.38
726-08-064 139.39 1 (0.01) 139.38
726-08-065 139.39 1 (0.01) 139.38
726-08-066 139.39 1 (0.01) 139.38
726-08-067 139.39 1 (0.01) 139.38
726-08-068 139.39 1 (0.01) 139.38
64 Accounts 64 ($0.64) $8,920.32
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 5 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Fox Hollow
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 764-47-001 $173.53 1 ($0.01) $173.52
764-47-002 173.53 1 (0.01) 173.52
764-47-003 173.53 1 (0.01) 173.52
764-47-004 173.53 1 (0.01) 173.52
764-47-005 173.53 1 (0.01) 173.52
764-47-006 173.53 1 (0.01) 173.52
764-47-007 173.53 1 (0.01) 173.52
764-47-008 173.53 1 (0.01) 173.52
764-47-009 173.53 1 (0.01) 173.52
764-47-010 173.53 1 (0.01) 173.52
764-47-011 173.53 1 (0.01) 173.52
764-47-012 173.53 1 (0.01) 173.52
764-47-013 173.53 1 (0.01) 173.52
764-47-014 173.53 1 (0.01) 173.52
764-47-015 173.53 1 (0.01) 173.52
764-47-016 173.53 1 (0.01) 173.52
764-47-017 173.53 1 (0.01) 173.52
764-47-018 173.53 1 (0.01) 173.52
764-47-020 173.53 1 (0.01) 173.52
764-47-021 173.53 1 (0.01) 173.52
764-47-022 173.53 1 (0.01) 173.52
764-47-023 173.53 1 (0.01) 173.52
764-47-024 173.53 1 (0.01) 173.52
764-47-025 173.53 1 (0.01) 173.52
764-47-026 173.53 1 (0.01) 173.52
764-47-027 173.53 1 (0.01) 173.52
764-47-028 173.53 1 (0.01) 173.52
764-47-029 173.53 1 (0.01) 173.52
764-47-030 173.53 1 (0.01) 173.52
764-47-031 173.53 1 (0.01) 173.52
764-47-032 173.53 1 (0.01) 173.52
764-47-033 173.53 1 (0.01) 173.52
764-47-034 173.53 1 (0.01) 173.52
764-47-035 173.53 1 (0.01) 173.52
764-47-036 173.53 1 (0.01) 173.52
764-47-037 173.53 1 (0.01) 173.52
764-47-038 173.53 1 (0.01) 173.52
764-47-039 173.53 1 (0.01) 173.52
764-47-040 173.53 1 (0.01) 173.52
764-47-041 173.53 1 (0.01) 173.52
764-47-042 173.53 1 (0.01) 173.52
764-47-043 173.53 1 (0.01) 173.52
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 6 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Fox Hollow
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 764-47-044 173.53 1 (0.01) 173.52
764-47-045 173.53 1 (0.01) 173.52
764-47-046 173.53 1 (0.01) 173.52
764-47-047 173.53 1 (0.01) 173.52
764-47-048 173.53 1 (0.01) 173.52
764-47-049 173.53 1 (0.01) 173.52
764-47-050 173.53 1 (0.01) 173.52
764-47-051 173.53 1 (0.01) 173.52
764-47-052 173.53 1 (0.01) 173.52
764-47-053 173.53 1 (0.01) 173.52
764-47-054 173.53 1 (0.01) 173.52
764-47-055 173.53 1 (0.01) 173.52
764-47-056 173.53 1 (0.01) 173.52
764-47-057 173.53 1 (0.01) 173.52
764-47-058 173.53 1 (0.01) 173.52
764-47-059 173.53 1 (0.01) 173.52
764-47-060 173.53 1 (0.01) 173.52
764-47-061 173.53 1 (0.01) 173.52
764-47-062 173.53 1 (0.01) 173.52
764-47-063 173.53 1 (0.01) 173.52
764-47-064 173.53 1 (0.01) 173.52
764-47-065 173.53 1 (0.01) 173.52
764-47-066 173.53 1 (0.01) 173.52
764-47-067 173.53 1 (0.01) 173.52
764-47-068 173.53 1 (0.01) 173.52
764-47-069 173.53 1 (0.01) 173.52
764-47-070 173.53 1 (0.01) 173.52
764-47-071 173.53 1 (0.01) 173.52
764-47-072 173.53 1 (0.01) 173.52
764-47-073 173.53 1 (0.01) 173.52
764-47-074 173.53 1 (0.01) 173.52
764-47-075 173.53 1 (0.01) 173.52
764-47-079 173.53 1 (0.01) 173.52
75 Accounts 75 ($0.75) $13,014.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 7 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Hamilton Square
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 767-36-044 $425.00 1 $0.00 $425.00
767-36-045 425.00 1 0.00 425.00
767-36-046 425.00 1 0.00 425.00
767-36-047 425.00 1 0.00 425.00
767-36-048 425.00 1 0.00 425.00
767-36-049 425.00 1 0.00 425.00
767-36-050 425.00 1 0.00 425.00
767-36-051 425.00 1 0.00 425.00
767-36-052 425.00 1 0.00 425.00
767-36-053 425.00 1 0.00 425.00
767-36-054 425.00 1 0.00 425.00
767-36-055 425.00 1 0.00 425.00
767-36-056 425.00 1 0.00 425.00
767-36-057 425.00 1 0.00 425.00
767-36-058 425.00 1 0.00 425.00
767-36-059 425.00 1 0.00 425.00
767-36-060 425.00 1 0.00 425.00
767-36-061 425.00 1 0.00 425.00
767-36-062 425.00 1 0.00 425.00
767-36-063 425.00 1 0.00 425.00
767-36-064 425.00 1 0.00 425.00
767-36-065 425.00 1 0.00 425.00
767-36-066 425.00 1 0.00 425.00
767-36-068 425.00 1 0.00 425.00
767-36-069 425.00 1 0.00 425.00
767-36-070 425.00 1 0.00 425.00
767-36-071 425.00 1 0.00 425.00
767-36-072 425.00 1 0.00 425.00
767-36-073 425.00 1 0.00 425.00
767-36-074 425.00 1 0.00 425.00
767-36-075 425.00 1 0.00 425.00
767-36-076 425.00 1 0.00 425.00
767-36-077 425.00 1 0.00 425.00
767-36-078 425.00 1 0.00 425.00
767-36-079 425.00 1 0.00 425.00
767-36-080 425.00 1 0.00 425.00
767-36-081 425.00 1 0.00 425.00
767-36-082 425.00 1 0.00 425.00
38 Accounts 38 $0.00 $16,150.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 8 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Jackson Meadows #6
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 817-26-047 $108.00 1 $0.00 $108.00
817-26-048 108.00 1 0.00 108.00
817-26-049 108.00 1 0.00 108.00
817-26-066 108.00 1 0.00 108.00
817-26-067 108.00 1 0.00 108.00
817-26-068 108.00 1 0.00 108.00
817-26-069 108.00 1 0.00 108.00
817-26-070 108.00 1 0.00 108.00
817-26-071 108.00 1 0.00 108.00
817-26-072 108.00 1 0.00 108.00
817-26-073 108.00 1 0.00 108.00
817-26-075 108.00 1 0.00 108.00
817-26-076 108.00 1 0.00 108.00
817-26-077 108.00 1 0.00 108.00
817-26-078 108.00 1 0.00 108.00
817-26-079 108.00 1 0.00 108.00
817-26-080 108.00 1 0.00 108.00
817-26-081 108.00 1 0.00 108.00
817-26-082 108.00 1 0.00 108.00
817-26-083 108.00 1 0.00 108.00
817-26-084 108.00 1 0.00 108.00
817-26-085 108.00 1 0.00 108.00
817-26-086 108.00 1 0.00 108.00
817-26-087 108.00 1 0.00 108.00
817-26-088 108.00 1 0.00 108.00
817-26-089 108.00 1 0.00 108.00
817-26-090 108.00 1 0.00 108.00
817-26-091 108.00 1 0.00 108.00
817-26-092 108.00 1 0.00 108.00
817-26-093 108.00 1 0.00 108.00
817-26-095 108.00 1 0.00 108.00
817-26-096 108.00 1 0.00 108.00
817-26-097 108.00 1 0.00 108.00
817-26-098 108.00 1 0.00 108.00
817-26-099 108.00 1 0.00 108.00
817-26-100 108.00 1 0.00 108.00
817-26-101 108.00 1 0.00 108.00
817-26-102 108.00 1 0.00 108.00
817-26-103 108.00 1 0.00 108.00
817-26-104 108.00 1 0.00 108.00
817-26-105 108.00 1 0.00 108.00
817-26-106 108.00 1 0.00 108.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 9 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Jackson Meadows #6
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 817-26-107 108.00 1 0.00 108.00
817-26-108 108.00 1 0.00 108.00
817-26-109 108.00 1 0.00 108.00
817-26-110 108.00 1 0.00 108.00
817-26-111 108.00 1 0.00 108.00
817-26-112 108.00 1 0.00 108.00
817-26-113 108.00 1 0.00 108.00
817-26-114 108.00 1 0.00 108.00
817-26-115 108.00 1 0.00 108.00
817-26-116 108.00 1 0.00 108.00
817-26-117 108.00 1 0.00 108.00
817-26-118 108.00 1 0.00 108.00
817-26-119 108.00 1 0.00 108.00
817-26-120 108.00 1 0.00 108.00
817-26-122 108.00 1 0.00 108.00
817-26-123 108.00 1 0.00 108.00
817-26-124 108.00 1 0.00 108.00
817-26-125 108.00 1 0.00 108.00
817-26-126 108.00 1 0.00 108.00
817-26-127 108.00 1 0.00 108.00
817-26-129 108.00 1 0.00 108.00
817-26-130 108.00 1 0.00 108.00
817-26-131 108.00 1 0.00 108.00
817-26-132 108.00 1 0.00 108.00
817-26-133 108.00 1 0.00 108.00
817-26-134 108.00 1 0.00 108.00
817-26-135 108.00 1 0.00 108.00
817-26-136 108.00 1 0.00 108.00
70 Accounts 70 $0.00 $7,560.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 10 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Jackson Meadows #7
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 817-70-001 $100.00 1 $0.00 $100.00
817-70-002 100.00 1 0.00 100.00
817-70-003 100.00 1 0.00 100.00
817-70-004 100.00 1 0.00 100.00
817-70-005 100.00 1 0.00 100.00
817-70-006 100.00 1 0.00 100.00
817-70-007 100.00 1 0.00 100.00
817-70-008 100.00 1 0.00 100.00
817-70-009 100.00 1 0.00 100.00
817-70-017 100.00 1 0.00 100.00
10 Accounts 10 $0.00 $1,000.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 11 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
La Grande Estates
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 767-45-032 $88.00 1 $0.00 $88.00
767-45-033 88.00 1 0.00 88.00
767-45-034 88.00 1 0.00 88.00
767-45-037 88.00 1 0.00 88.00
767-45-038 88.00 1 0.00 88.00
767-45-039 88.00 1 0.00 88.00
767-45-040 88.00 1 0.00 88.00
767-45-041 88.00 1 0.00 88.00
767-45-042 88.00 1 0.00 88.00
767-45-043 88.00 1 0.00 88.00
767-45-044 88.00 1 0.00 88.00
767-45-045 88.00 1 0.00 88.00
767-45-046 88.00 1 0.00 88.00
767-45-047 88.00 1 0.00 88.00
767-45-048 88.00 1 0.00 88.00
767-45-049 88.00 1 0.00 88.00
767-45-050 88.00 1 0.00 88.00
767-45-051 88.00 1 0.00 88.00
767-45-052 88.00 1 0.00 88.00
767-45-053 88.00 1 0.00 88.00
767-45-054 88.00 1 0.00 88.00
767-45-055 88.00 1 0.00 88.00
767-45-056 88.00 1 0.00 88.00
767-45-057 88.00 1 0.00 88.00
767-45-058 88.00 1 0.00 88.00
767-45-059 88.00 1 0.00 88.00
767-45-060 88.00 1 0.00 88.00
767-45-061 88.00 1 0.00 88.00
767-45-062 88.00 1 0.00 88.00
767-45-063 88.00 1 0.00 88.00
767-45-064 88.00 1 0.00 88.00
767-45-065 88.00 1 0.00 88.00
32 Accounts 32 $0.00 $2,816.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 12 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Lacrosse/Gera
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 767-46-001 $50.00 1 $0.00 $50.00
767-46-002 50.00 1 0.00 50.00
767-46-003 50.00 1 0.00 50.00
767-46-004 50.00 1 0.00 50.00
767-46-005 50.00 1 0.00 50.00
767-46-006 50.00 1 0.00 50.00
767-46-007 50.00 1 0.00 50.00
767-46-008 50.00 1 0.00 50.00
767-46-009 50.00 1 0.00 50.00
767-46-010 50.00 1 0.00 50.00
767-46-011 50.00 1 0.00 50.00
767-46-012 50.00 1 0.00 50.00
767-46-013 50.00 1 0.00 50.00
767-46-014 50.00 1 0.00 50.00
767-46-015 50.00 1 0.00 50.00
767-46-018 50.00 1 0.00 50.00
767-46-019 50.00 1 0.00 50.00
767-46-020 50.00 1 0.00 50.00
767-46-021 50.00 1 0.00 50.00
767-46-022 50.00 1 0.00 50.00
767-46-023 50.00 1 0.00 50.00
767-46-024 50.00 1 0.00 50.00
767-46-025 50.00 1 0.00 50.00
767-46-026 50.00 1 0.00 50.00
24 Accounts 24 $0.00 $1,200.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 13 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Llagas Creek
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 764-49-002 $233.67 1 ($0.01) $233.66
764-49-003 233.67 1 (0.01) 233.66
764-49-004 233.67 1 (0.01) 233.66
764-49-005 233.67 1 (0.01) 233.66
764-49-006 233.67 1 (0.01) 233.66
764-49-007 233.67 1 (0.01) 233.66
764-49-008 233.67 1 (0.01) 233.66
764-49-009 233.67 1 (0.01) 233.66
764-49-010 233.67 1 (0.01) 233.66
764-49-011 233.67 1 (0.01) 233.66
764-49-012 233.67 1 (0.01) 233.66
764-49-013 233.67 1 (0.01) 233.66
764-49-014 233.67 1 (0.01) 233.66
764-49-015 233.67 1 (0.01) 233.66
764-49-016 233.67 1 (0.01) 233.66
764-49-017 233.67 1 (0.01) 233.66
764-49-018 233.67 1 (0.01) 233.66
764-49-019 233.67 1 (0.01) 233.66
764-49-020 233.67 1 (0.01) 233.66
764-49-021 233.67 1 (0.01) 233.66
764-49-022 233.67 1 (0.01) 233.66
764-49-023 233.67 1 (0.01) 233.66
764-49-024 233.67 1 (0.01) 233.66
764-49-025 233.67 1 (0.01) 233.66
764-49-026 233.67 1 (0.01) 233.66
764-50-001 233.67 1 (0.01) 233.66
764-50-002 233.67 1 (0.01) 233.66
764-50-003 233.67 1 (0.01) 233.66
764-50-004 233.67 1 (0.01) 233.66
764-50-005 233.67 1 (0.01) 233.66
764-50-006 233.67 1 (0.01) 233.66
764-50-007 233.67 1 (0.01) 233.66
764-51-001 233.67 1 (0.01) 233.66
764-51-004 233.67 1 (0.01) 233.66
764-51-005 233.67 1 (0.01) 233.66
764-51-010 233.67 1 (0.01) 233.66
764-51-011 233.67 1 (0.01) 233.66
764-51-012 233.67 1 (0.01) 233.66
764-51-013 233.67 1 (0.01) 233.66
764-51-014 233.67 1 (0.01) 233.66
764-51-015 233.67 1 (0.01) 233.66
764-52-001 233.67 1 (0.01) 233.66
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 14 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Llagas Creek
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 764-52-002 233.67 1 (0.01) 233.66
764-52-003 233.67 1 (0.01) 233.66
764-52-004 233.67 1 (0.01) 233.66
764-52-005 233.67 1 (0.01) 233.66
764-52-006 233.67 1 (0.01) 233.66
764-52-008 233.67 1 (0.01) 233.66
764-52-009 233.67 1 (0.01) 233.66
764-52-010 233.67 1 (0.01) 233.66
764-52-011 233.67 1 (0.01) 233.66
764-52-012 233.67 1 (0.01) 233.66
764-52-013 233.67 1 (0.01) 233.66
764-52-014 233.67 1 (0.01) 233.66
764-52-015 233.67 1 (0.01) 233.66
764-52-016 233.67 1 (0.01) 233.66
764-52-017 233.67 1 (0.01) 233.66
764-52-018 233.67 1 (0.01) 233.66
764-52-019 233.67 1 (0.01) 233.66
764-52-020 233.67 1 (0.01) 233.66
764-52-021 233.67 1 (0.01) 233.66
764-52-022 233.67 1 (0.01) 233.66
764-52-023 233.67 1 (0.01) 233.66
764-52-024 233.67 1 (0.01) 233.66
764-52-025 233.67 1 (0.01) 233.66
764-52-026 233.67 1 (0.01) 233.66
764-52-027 233.67 1 (0.01) 233.66
764-52-028 233.67 1 (0.01) 233.66
764-53-003 233.67 1 (0.01) 233.66
764-53-004 233.67 1 (0.01) 233.66
764-53-005 233.67 1 (0.01) 233.66
71 Accounts 71 ($0.71) $16,589.86
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 15 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Llagas/Obata
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 764-23-032 $450.00 1 $0.00 $450.00
764-23-033 450.00 1 0.00 450.00
764-23-034 450.00 1 0.00 450.00
764-23-035 450.00 1 0.00 450.00
764-23-036 450.00 1 0.00 450.00
5 Accounts 5 $0.00 $2,250.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 16 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Mill Creek
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 767-47-001 $285.00 1 $0.00 $285.00
767-47-002 285.00 1 0.00 285.00
767-47-003 285.00 1 0.00 285.00
767-47-004 285.00 1 0.00 285.00
767-47-005 285.00 1 0.00 285.00
767-47-006 285.00 1 0.00 285.00
767-47-007 285.00 1 0.00 285.00
767-47-008 285.00 1 0.00 285.00
767-47-009 285.00 1 0.00 285.00
767-47-010 285.00 1 0.00 285.00
767-47-011 285.00 1 0.00 285.00
767-47-012 285.00 1 0.00 285.00
767-47-013 285.00 1 0.00 285.00
767-47-014 285.00 1 0.00 285.00
767-47-015 285.00 1 0.00 285.00
767-47-016 285.00 1 0.00 285.00
767-47-017 285.00 1 0.00 285.00
767-47-018 285.00 1 0.00 285.00
767-47-019 285.00 1 0.00 285.00
767-47-020 285.00 1 0.00 285.00
767-47-021 285.00 1 0.00 285.00
767-47-022 285.00 1 0.00 285.00
767-47-023 285.00 1 0.00 285.00
767-47-029 285.00 1 0.00 285.00
767-47-030 285.00 1 0.00 285.00
767-47-031 285.00 1 0.00 285.00
767-47-032 285.00 1 0.00 285.00
767-47-033 285.00 1 0.00 285.00
767-47-034 285.00 1 0.00 285.00
767-47-035 285.00 1 0.00 285.00
767-47-036 285.00 1 0.00 285.00
767-47-037 285.00 1 0.00 285.00
767-47-038 285.00 1 0.00 285.00
767-47-039 285.00 1 0.00 285.00
767-47-040 285.00 1 0.00 285.00
767-47-041 285.00 1 0.00 285.00
767-47-042 285.00 1 0.00 285.00
767-47-043 285.00 1 0.00 285.00
767-47-044 285.00 1 0.00 285.00
767-47-045 285.00 1 0.00 285.00
767-47-046 285.00 1 0.00 285.00
767-47-047 285.00 1 0.00 285.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 17 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Mill Creek
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 767-47-048 285.00 1 0.00 285.00
767-47-049 285.00 1 0.00 285.00
767-47-050 285.00 1 0.00 285.00
767-47-051 285.00 1 0.00 285.00
767-47-052 285.00 1 0.00 285.00
767-47-053 285.00 1 0.00 285.00
767-47-054 285.00 1 0.00 285.00
767-47-055 285.00 1 0.00 285.00
767-47-057 285.00 1 0.00 285.00
767-47-058 285.00 1 0.00 285.00
767-47-059 285.00 1 0.00 285.00
767-47-060 285.00 1 0.00 285.00
767-47-061 285.00 1 0.00 285.00
767-47-062 285.00 1 0.00 285.00
767-47-063 285.00 1 0.00 285.00
767-47-064 285.00 1 0.00 285.00
767-47-065 285.00 1 0.00 285.00
767-47-066 285.00 1 0.00 285.00
767-47-067 285.00 1 0.00 285.00
767-47-068 285.00 1 0.00 285.00
767-47-069 285.00 1 0.00 285.00
767-47-070 285.00 1 0.00 285.00
767-47-071 285.00 1 0.00 285.00
767-47-072 285.00 1 0.00 285.00
767-47-073 285.00 1 0.00 285.00
767-47-074 285.00 1 0.00 285.00
767-47-075 285.00 1 0.00 285.00
767-47-076 285.00 1 0.00 285.00
767-47-077 285.00 1 0.00 285.00
767-47-078 285.00 1 0.00 285.00
767-47-079 285.00 1 0.00 285.00
767-47-080 285.00 1 0.00 285.00
767-47-081 285.00 1 0.00 285.00
767-47-082 285.00 1 0.00 285.00
767-47-083 285.00 1 0.00 285.00
767-47-084 285.00 1 0.00 285.00
767-47-085 285.00 1 0.00 285.00
767-47-086 285.00 1 0.00 285.00
767-47-087 285.00 1 0.00 285.00
767-47-088 285.00 1 0.00 285.00
767-47-089 285.00 1 0.00 285.00
767-47-090 285.00 1 0.00 285.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 18 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Mill Creek
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 84 Accounts 84 $0.00 $23,940.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 19 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Oak Creek I, II, III
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 779-51-001 $425.00 1 $0.00 $425.00
779-51-002 425.00 1 0.00 425.00
779-51-003 425.00 1 0.00 425.00
779-51-004 425.00 1 0.00 425.00
779-51-005 425.00 1 0.00 425.00
779-51-006 425.00 1 0.00 425.00
779-51-007 425.00 1 0.00 425.00
779-51-008 425.00 1 0.00 425.00
779-51-009 425.00 1 0.00 425.00
779-51-010 425.00 1 0.00 425.00
779-51-011 425.00 1 0.00 425.00
779-51-012 425.00 1 0.00 425.00
779-51-013 425.00 1 0.00 425.00
779-51-014 425.00 1 0.00 425.00
779-51-015 425.00 1 0.00 425.00
779-51-016 425.00 1 0.00 425.00
779-51-017 425.00 1 0.00 425.00
779-51-018 425.00 1 0.00 425.00
779-51-019 425.00 1 0.00 425.00
779-51-020 425.00 1 0.00 425.00
779-51-021 425.00 1 0.00 425.00
779-51-022 425.00 1 0.00 425.00
779-51-023 425.00 1 0.00 425.00
779-51-024 425.00 1 0.00 425.00
779-51-030 425.00 1 0.00 425.00
779-51-031 425.00 1 0.00 425.00
779-51-032 425.00 1 0.00 425.00
779-51-033 425.00 1 0.00 425.00
779-51-034 425.00 1 0.00 425.00
779-51-035 425.00 1 0.00 425.00
779-51-036 425.00 1 0.00 425.00
779-51-037 425.00 1 0.00 425.00
779-51-038 425.00 1 0.00 425.00
779-51-039 425.00 1 0.00 425.00
779-51-040 425.00 1 0.00 425.00
779-51-041 425.00 1 0.00 425.00
779-51-042 425.00 1 0.00 425.00
779-51-043 425.00 1 0.00 425.00
779-51-044 425.00 1 0.00 425.00
779-51-045 425.00 1 0.00 425.00
779-51-046 425.00 1 0.00 425.00
779-51-047 425.00 1 0.00 425.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 20 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Oak Creek I, II, III
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 779-51-048 425.00 1 0.00 425.00
779-51-049 425.00 1 0.00 425.00
779-51-050 425.00 1 0.00 425.00
779-51-051 425.00 1 0.00 425.00
779-51-052 425.00 1 0.00 425.00
779-51-053 425.00 1 0.00 425.00
779-51-054 425.00 1 0.00 425.00
779-52-004 425.00 1 0.00 425.00
779-52-005 425.00 1 0.00 425.00
779-52-006 425.00 1 0.00 425.00
779-52-007 425.00 1 0.00 425.00
779-52-008 425.00 1 0.00 425.00
779-52-009 425.00 1 0.00 425.00
779-52-010 425.00 1 0.00 425.00
779-52-011 425.00 1 0.00 425.00
779-52-012 425.00 1 0.00 425.00
779-52-013 425.00 1 0.00 425.00
779-52-014 425.00 1 0.00 425.00
779-52-015 425.00 1 0.00 425.00
779-52-016 425.00 1 0.00 425.00
779-52-017 425.00 1 0.00 425.00
779-52-018 425.00 1 0.00 425.00
779-52-019 425.00 1 0.00 425.00
779-52-020 425.00 1 0.00 425.00
779-52-021 425.00 1 0.00 425.00
779-52-022 425.00 1 0.00 425.00
779-52-023 425.00 1 0.00 425.00
779-52-024 425.00 1 0.00 425.00
779-52-025 425.00 1 0.00 425.00
779-52-026 425.00 1 0.00 425.00
779-52-027 425.00 1 0.00 425.00
779-52-028 425.00 1 0.00 425.00
779-52-029 425.00 1 0.00 425.00
779-52-030 425.00 1 0.00 425.00
779-52-031 425.00 1 0.00 425.00
779-52-032 425.00 1 0.00 425.00
779-52-033 425.00 1 0.00 425.00
779-52-034 425.00 1 0.00 425.00
779-52-035 425.00 1 0.00 425.00
779-52-037 425.00 1 0.00 425.00
779-52-038 425.00 1 0.00 425.00
779-52-039 425.00 1 0.00 425.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 21 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Oak Creek I, II, III
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 779-52-040 425.00 1 0.00 425.00
779-52-041 425.00 1 0.00 425.00
779-52-047 425.00 1 0.00 425.00
779-52-055 425.00 1 0.00 425.00
779-52-056 425.00 1 0.00 425.00
779-52-057 425.00 1 0.00 425.00
779-52-058 425.00 1 0.00 425.00
779-52-059 425.00 1 0.00 425.00
779-52-060 425.00 1 0.00 425.00
779-52-061 425.00 1 0.00 425.00
779-52-062 425.00 1 0.00 425.00
779-52-063 425.00 1 0.00 425.00
779-52-064 425.00 1 0.00 425.00
779-52-065 425.00 1 0.00 425.00
779-52-066 425.00 1 0.00 425.00
779-52-067 425.00 1 0.00 425.00
779-52-068 425.00 1 0.00 425.00
779-52-069 425.00 1 0.00 425.00
779-52-070 425.00 1 0.00 425.00
779-52-071 425.00 1 0.00 425.00
779-52-072 425.00 1 0.00 425.00
779-52-073 425.00 1 0.00 425.00
779-52-074 425.00 1 0.00 425.00
779-52-075 425.00 1 0.00 425.00
779-52-076 425.00 1 0.00 425.00
779-52-077 425.00 1 0.00 425.00
779-52-078 425.00 1 0.00 425.00
779-52-079 425.00 1 0.00 425.00
779-52-080 425.00 1 0.00 425.00
779-52-081 425.00 1 0.00 425.00
779-52-082 425.00 1 0.00 425.00
779-52-083 425.00 1 0.00 425.00
779-52-084 425.00 1 0.00 425.00
779-52-085 425.00 1 0.00 425.00
779-52-086 425.00 1 0.00 425.00
119 Accounts 119 $0.00 $50,575.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 22 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Rosehaven
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 817-10-005 $400.00 1 $0.00 $400.00
817-10-006 400.00 1 0.00 400.00
817-10-007 400.00 1 0.00 400.00
817-10-008 400.00 1 0.00 400.00
817-10-010 400.00 1 0.00 400.00
817-10-011 400.00 2 0.00 800.00
817-10-012 400.00 1 0.00 400.00
817-10-013 400.00 1 0.00 400.00
817-10-014 400.00 1 0.00 400.00
817-10-015 400.00 1 0.00 400.00
817-10-016 400.00 1 0.00 400.00
817-10-017 400.00 1 0.00 400.00
817-10-018 400.00 1 0.00 400.00
817-10-019 400.00 1 0.00 400.00
817-10-020 400.00 1 0.00 400.00
817-10-021 400.00 2 0.00 800.00
817-10-022 400.00 1 0.00 400.00
817-10-023 400.00 1 0.00 400.00
817-10-024 400.00 1 0.00 400.00
817-10-025 400.00 1 0.00 400.00
817-10-026 400.00 2 0.00 800.00
817-10-027 400.00 1 0.00 400.00
817-10-028 400.00 1 0.00 400.00
817-10-029 400.00 1 0.00 400.00
24 Accounts 27 $0.00 $10,800.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 23 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Sandalwood
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 728-11-027 $450.00 1 $0.00 $450.00
728-11-028 450.00 1 0.00 450.00
728-11-029 450.00 1 0.00 450.00
728-11-030 450.00 1 0.00 450.00
728-11-031 450.00 1 0.00 450.00
728-11-032 450.00 1 0.00 450.00
728-11-033 450.00 1 0.00 450.00
728-11-034 450.00 1 0.00 450.00
728-11-035 450.00 1 0.00 450.00
728-11-036 450.00 1 0.00 450.00
728-11-037 450.00 1 0.00 450.00
11 Accounts 11 $0.00 $4,950.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 24 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Sparhawk
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 764-31-025 $334.00 1 $0.00 $334.00
764-31-026 334.00 1 0.00 334.00
764-31-027 334.00 1 0.00 334.00
764-31-028 334.00 1 0.00 334.00
764-31-029 334.00 1 0.00 334.00
764-31-030 334.00 1 0.00 334.00
764-31-031 334.00 1 0.00 334.00
764-31-032 334.00 1 0.00 334.00
764-31-033 334.00 1 0.00 334.00
764-31-034 334.00 1 0.00 334.00
764-31-035 334.00 1 0.00 334.00
764-31-036 334.00 1 0.00 334.00
764-31-037 334.00 1 0.00 334.00
764-31-038 334.00 1 0.00 334.00
764-31-039 334.00 1 0.00 334.00
764-31-040 334.00 1 0.00 334.00
764-31-041 334.00 1 0.00 334.00
764-31-042 334.00 1 0.00 334.00
18 Accounts 18 $0.00 $6,012.00
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 25 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Stone Creek
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 726-06-016 $388.46 1 $0.00 $388.46
726-06-017 388.46 1 0.00 388.46
726-06-018 388.46 1 0.00 388.46
726-06-019 388.46 1 0.00 388.46
726-06-020 388.46 1 0.00 388.46
726-06-021 388.46 1 0.00 388.46
726-06-022 388.46 1 0.00 388.46
726-06-023 388.46 1 0.00 388.46
726-06-024 388.46 1 0.00 388.46
726-06-025 388.46 1 0.00 388.46
726-06-026 388.46 1 0.00 388.46
726-06-027 388.46 1 0.00 388.46
726-06-028 388.46 1 0.00 388.46
726-06-029 388.46 1 0.00 388.46
726-06-030 388.46 1 0.00 388.46
726-06-034 388.46 1 0.00 388.46
726-06-035 388.46 1 0.00 388.46
726-06-036 388.46 1 0.00 388.46
726-06-037 388.46 1 0.00 388.46
726-06-038 388.46 1 0.00 388.46
726-06-044 388.46 1 0.00 388.46
726-06-045 388.46 1 0.00 388.46
726-06-046 388.46 1 0.00 388.46
726-06-047 388.46 1 0.00 388.46
726-06-048 388.46 1 0.00 388.46
726-06-049 388.46 1 0.00 388.46
726-06-050 388.46 1 0.00 388.46
726-06-051 388.46 1 0.00 388.46
726-06-052 388.46 1 0.00 388.46
726-06-053 388.46 1 0.00 388.46
726-06-054 388.46 1 0.00 388.46
726-06-055 388.46 1 0.00 388.46
726-06-056 388.46 1 0.00 388.46
726-06-057 388.46 1 0.00 388.46
726-06-058 388.46 1 0.00 388.46
35 Accounts 35 $0.00 $13,596.10
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 26 of 27 04/03/2023 03:56:31PM
City of Morgan Hill
Sunnyside/Stonegate
Final Billing Detail Report for Fiscal Year 2023/24
APN Rate Per Unit Units Rounding Adjustment 2023/24 Assessment 773-31-034 $375.00 1 $0.00 $375.00
773-31-035 375.00 1 0.00 375.00
773-31-036 375.00 1 0.00 375.00
773-31-037 375.00 1 0.00 375.00
773-31-038 375.00 1 0.00 375.00
773-31-039 375.00 1 0.00 375.00
773-31-040 375.00 1 0.00 375.00
773-31-043 375.00 1 0.00 375.00
773-31-044 375.00 1 0.00 375.00
773-31-045 375.00 1 0.00 375.00
10 Accounts 10 $0.00 $3,750.00
748 ($2.10) $202,698.28 745 Total Accounts
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 27 of 27 04/03/2023 03:56:31PM
City of Morgan Hill Landscape Assessment District No. 1 Engineer’s Report Fiscal Year 2023/24 17
7. HISTORICAL ASSESSMENT RATES
The historical assessment rates per Zone are identified on the following pages.
City of Morgan Hill
Landscape Assessment District No. 1
Actual Historical Assessment Rates Per Zone Zone Belle Estates Chang/Bertelone Conte Gardens Diana Estates Fox Hollow / Murphy Sp. Hamilton Square Jackson Meadows #6 Jackson Meadows #7 La Grande Estates Lacrosse/Gera Annexation
Number 93-03 93-05 92-10 94-01 Original 94-03 93-06 91-03 95-03 91-04 Original
Rate
$502.22 $1,215.00 $477.82 $139.39 $106.15 $425.54 $108.10 $314.58 $88.00 $142.99 Unit Count 36 8 11 64 75 38 70 10 32 24
1991/92 - - - $139.39 - - - $314.58 - $142.99
1992/93 - - - - - - - - - -
1993/94 - - - 69.80 - - - 77.35 - 8.93
1994/95 - - - 69.80 $106.15 - - 77.35 - 8.93
1995/96 $502.00 $1,215.00 $285.98 54.14 79.92 $425.54 $108.10 88.66 - 8.93 1996/97 71.00 8.93 477.82 21.94 49.11 214.08 76.04 194.70 - 8.93 1997/98 71.00 8.93 477.82 21.94 49.11 214.08 76.04 194.70 - 8.93 1998/99 71.00 8.93 477.82 21.94 49.11 214.08 76.04 194.70 - 8.93 1999/00 147.81 8.93 477.82 81.03 49.11 399.71 108.10 314.50 $88.00 8.93 2000/01 147.81 8.93 477.82 81.03 49.11 399.71 108.10 314.50 88.00 8.93 2001/02 147.80 8.92 477.82 54.80 49.10 399.70 86.38 314.50 88.00 8.92 2002/03 147.80 8.92 477.82 70.00 101.10 399.70 104.18 314.50 88.00 8.92 2003/04 175.00 8.92 477.82 80.00 101.10 399.70 104.18 314.50 88.00 8.92 2004/05 180.00 8.92 477.82 80.00 101.10 399.70 108.10 314.50 88.00 8.92 2005/06 180.00 94.92 477.82 105.00 141.10 399.70 108.10 314.50 88.00 8.92 2006/07 180.00 94.92 477.82 105.00 141.10 399.70 108.10 314.50 88.00 8.92 2007/08 194.00 94.92 477.82 135.00 141.10 399.70 108.10 314.50 88.00 8.92 2008/09 234.00 94.92 477.82 139.39 149.69 425.54 108.10 314.50 88.00 130.00 2009/10 234.00 200.00 477.82 139.39 149.69 425.54 108.10 314.50 88.00 130.00 2010/11 234.00 300.00 477.82 139.39 149.69 425.54 108.10 314.50 88.00 130.00 2011/12 282.00 400.00 477.82 139.39 168.48 425.54 108.10 314.50 88.00 50.00 2012/13 282.00 400.00 477.82 139.39 173.53 425.54 98.10 140.00 88.00 50.00 2013/14 320.00 500.00 477.82 139.39 173.53 425.54 98.10 140.00 88.00 50.00 2014/15 320.00 500.00 477.82 139.39 173.53 425.54 98.10 140.00 88.00 50.00 2015/16 320.00 550.00 400.00 139.39 173.53 425.54 108.00 140.00 88.00 50.00 2016/17 320.00 550.00 400.00 139.39 173.53 425.54 108.00 100.00 88.00 50.00 2017/18 320.00 550.00 400.00 139.39 173.53 325.00 108.00 100.00 88.00 50.00 2018/19 320.00 550.00 365.00 139.39 173.53 325.00 108.00 100.00 88.00 50.00 2019/20 320.00 550.00 365.00 139.39 173.53 325.00 108.00 100.00 88.00 50.00 2020/21 320.00 550.00 365.00 139.39 173.53 325.00 108.00 100.00 88.00 50.00 2021/22 320.00 550.00 365.00 139.39 173.53 325.00 108.00 100.00 88.00 50.00 2022/23 310.00 550.00 365.00 139.39 173.53 325.00 108.00 100.00 88.00 50.00 2023/24 310.00 550.00 365.00 139.39 173.53 425.00 108.00 100.00 88.00 50.00
City of Morgan Hill
Landscape Assessment District No. 1
Actual Historical Assessment Rates Per Zone Zone
Annexation
Number
Original
Rate
Unit Count
1991/92
1992/93
1993/94
1994/95
1995/96
1996/97
1997/98
1998/99
1999/00
2000/01
2001/02
2002/03
2003/04
2004/05
2005/06
2006/07
2007/08
2008/09
2009/10
2010/11
2011/12
2012/13
2013/14
2014/15
2015/16
2016/17
2017/18
2018/19
2019/20
2020/21
2021/22
2022/23
2023/24 Llagas Creek Estates Llagas/Obata Mill Creek Oak Creek Parsons Corner Rose Haven Sandalwood Sparhawk Stone Creek Sunnyside / Stone Gate 91-05 91-07 93-01 94-04 95-02 95-01 96-01 91-06 94-02 91-01 $140.84 $629.16 $186.82 $453.82 $568.32 $488.47 $192.39 $174.77 $306.66 $449.40 71 5 84 119 10 27 11 18 35 10
$140.85 $629.16 - - - - - $174.77 - $449.40
- - - - - - - - - -
19.13 335.37 - - - - - 93.03 - 15.05
19.13 15.05 - - - - - 308.84 - 15.04
76.60 15.05 $186.82 $453.82 - - - 226.46 $306.66 15.04
59.54 8.93 64.57 47.67 $568.32 $488.47 - 147.33 146.66 8.93
59.54 8.93 64.57 47.67 457.40 189.73 - 147.33 146.66 8.93
59.54 8.93 64.57 337.09 457.40 189.73 - 147.33 146.66 8.93 140.85 8.93 95.83 320.52 457.40 189.73 $192.36 147.33 275.00 8.93 140.85 8.93 158.64 245.16 457.40 189.73 192.36 147.33 275.00 8.93 105.86 8.92 158.64 150.00 457.40 189.72 192.36 147.32 275.00 8.92 140.00 8.92 182.64 250.00 300.00 300.00 192.36 147.32 275.00 275.00 140.00 8.92 120.00 300.00 300.00 300.00 192.36 147.32 275.00 192.50 140.00 8.92 120.00 300.00 300.00 300.00 192.36 147.32 306.66 192.50 190.00 53.92 138.00 300.00 430.00 300.00 192.36 202.32 306.66 332.50 190.00 53.92 138.00 300.00 430.00 300.00 192.36 202.32 306.66 332.50 190.00 53.92 168.00 300.00 460.00 330.00 192.36 208.38 306.66 332.50 195.70 53.92 186.82 300.00 460.00 370.00 192.36 214.64 306.66 332.50 195.70 53.92 186.82 300.00 460.00 370.00 192.36 214.64 306.66 332.50 195.70 53.92 186.82 300.00 460.00 370.00 192.36 214.64 306.66 332.50 195.70 53.92 186.82 350.00 250.00 450.00 192.36 241.58 306.66 332.50 195.70 53.92 186.82 350.00 250.00 450.00 192.36 248.82 388.46 332.50 233.67 53.92 186.82 350.00 250.00 450.00 192.36 248.82 388.46 412.50 233.67 53.92 186.82 350.00 250.00 450.00 192.36 248.82 388.46 412.50 233.67 143.92 186.82 350.00 250.00 450.00 192.36 248.82 388.46 375.00 233.67 143.92 186.82 350.00 250.00 488.00 192.36 248.82 388.46 375.00 233.67 143.92 186.82 350.00 250.00 488.00 192.36 248.82 388.46 375.00 233.67 400.00 186.82 350.00 250.00 400.00 450.00 248.82 388.46 375.00 233.67 400.00 186.82 350.00 0.00 400.00 450.00 248.82 388.46 375.00 233.67 400.00 285.00 350.00 0.00 400.00 450.00 248.82 388.46 375.00 233.67 400.00 285.00 350.00 0.00 400.00 450.00 248.82 388.46 375.00 233.67 400.00 285.00 425.00 0.00 400.00 450.00 334.00 388.46 375.00 233.67 450.00 285.00 425.00 0.00 400.00 450.00 334.00 388.46 375.00
RESOLUTION NO. 23-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL, INITIATING PROCEEDINGS FOR THE
LEVY AND COLLECTION OF ASSESSMENTS FOR THE
CITY OF MORGAN HILL LANDSCAPE ASSESSMENT
DISTRICT NO. 1 FOR FISCAL YEAR 2023/24
WHEREAS, the City Council of the Morgan Hill (hereafter referred to as the “City Council”) previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City of Morgan Hill (the “City”) Fox Hollow/Murphy Springs Landscape Assessment District and has by previous resolution changed the name to the City of Morgan Hill Landscape Assessment District No. 1 (the “Assessment District”); and,
WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS:
1. Annual Report: The City Council hereby orders NBS to prepare and file with the City Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements, nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District.
PASSED, APPROVED AND ADOPTED by the City Council of Morgan Hill at a regular meeting held on the 3rd day of May 2023.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
___________________________________ ____________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Resolution No. 23-xxx
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. 23-xxx, adopted by the City Council at the meeting held on May 3, 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:______________________ _______________________________________ MICHELLE BIGELOW, City Clerk
RESOLUTION NO. 23-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL, APPROVING THE ANNUAL REPORT FOR
THE CITY OF MORGAN HILL LANDSCAPE ASSESSMENT
DISTRICT NO. 1 FOR FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of Morgan Hill (hereafter referred to as the “City Council”) previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City of Morgan Hill’s (the “City”) Fox Hollow/Murphy Springs Landscape Assessment District and has by previous resolution changed the name to the City of Morgan Hill Landscape Assessment District No. 1 (the “Assessment District”); and,
WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report; and WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and
WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS:
1. Approval of Report: The City Council approves the Annual Report concerning the levy of assessments for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
PASSED, APPROVED AND ADOPTED by the City Council of Morgan Hill at a regular meeting held on the 3rd day of May 2023.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
___________________________________ ____________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Resolution No. 23-xxx
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. 23-xxx, adopted by the City Council at the meeting held on May 3, 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:______________________ _______________________________________ MICHELLE BIGELOW, City Clerk
RESOLUTION NO. 23-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL, DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR THE CITY OF
MORGAN HILL LANDSCAPE ASSESSMENT DISTRICT NO. 1
FOR FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of Morgan Hill (hereafter referred to as the “City Council”) previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City of Morgan Hill (the “City”) Fox Hollow/Murphy Springs Landscape Assessment District and has by previous resolution changed the name to the City of Morgan Hill Landscape Assessment District No. 1 (the “Assessment District”); and
WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE COUNCIL, AS FOLLOWS:
1. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2023 and ending June 30, 2024. The City Council finds that the public’s best interest requires such action.
2. Improvements: The Improvements include, but are not limited to: ground cover, shrubs, plants and trees, irrigation and drainage systems, graffiti removal, entry monuments, and associated appurtenant facilities. Services provided include all necessary service, operations, administration and maintenance required to keep the above mentioned improvements in a healthy, vigorous and satisfactory condition.
3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the office of the City Clerk, which assessment diagram is made a part hereof by reference.
4. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District.
5. Notice of Public Hearing: The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the City Council.
The Public Hearing will be held on Wednesday June 7, 2023 at 6:00 PM or as soon
City of Morgan Hill
Resolution No. 23-xxx
thereafter as is feasible in a virtual online meeting. The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626 of the Act.
6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year maximum assessment above what was previously approved by the property owners (as “increased assessment” is defined in Section 54954.6 of the Government Code).
PASSED, APPROVED AND ADOPTED by the City Council of Morgan Hill at a regular meeting held on the 3rd day of May 2023.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
___________________________________ ____________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 23-xxx, adopted by the City Council at the meeting held on May 3, 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:___________________ _____________________________________ MICHELLE BIGELOW, City Clerk
7 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
REAPPOINT FOUR (4) COMMISSIONERS TO THE PLANNING
COMMISSION
RECOMMENDATION(S)
Reappoint Commissioners Joseph Mueller, Liam Downey, Wanye Tanda, and Paul Lake to the Planning Commission with terms ending June 1, 2027.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Community Engagement and Messaging
REPORT NARRATIVE:
The Planning Commission has four (4) seats with terms ending on June 1, 2023. All four of the current commissioners are seeking reappointment. The Planning Commission is a commission that has a significant learning curve and takes time to understand City regulations and guidelines in order to be a successful Commissioner. The current commissioners have invested a significant amount of time and energy into the commission and add to the overall productivity of the commission. With that, staff recommends that the City Council reappoint all four current commissioners to the Planning Commission with terms ending June 1, 2027.
COMMUNITY ENGAGEMENT:
Inform.
This report seeks to inform the community of the reappointment of commissioners to the Planning Commission.
ALTERNATIVE ACTIONS:
7 The City Council may choose not to reappoint the commissioners, in which case they would extend their current terms until September 6, 2023, allowing time for recruitment and interviews and direct staff to conduct recruitment and interviews for all seats with terms ending June 1, 2023.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
Every other year and as vacancies arise, recruitment efforts are conducted to maintain the seven (7) member commissions.
FISCAL AND RESOURCE IMPACT:
There is no fiscal impact associated with the actions to interview and appoint, as the recruitment and appointment process is accommodated in the Council Services and Records Management operating budget.
CEQA (California Environmental Quality Act):
Not a Project.
The interview and appointment of commissioners is not a project, as defined in Section 15378 of the State CEQA guidelines.
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Chapter 2.36 PLANNING COMMISSION*
Sections:
2.36.010 Created--Statutory authority.
2.36.020 Membership--Terms of office--Vacancies.
2.36.030 Meetings.
2.36.040 Powers and duties.
* Prior ordinance history: Ords. 470 N.S. and 483 N.S.
2.36.010 Created--Statutory authority.
The planning commission is established pursuant to the authority contained in Chapter 3 of Title VII of the California Government Code, entitled "Local Planning, " as existing or hereafter amended. Reference shall be made to said Chapter 3 for interpretation of this chapter. (Ord. 811 N.S. § 1 (II-3-1), 1987)
2.36.020 Membership--Terms of office--Vacancies.
A. The city planning commission shall consist of seven members. Members of the planning commission shall serve the following terms:
1. In the year 1998, three members shall be appointed to serve terms ending June 1, 2001;
2. The four members who were appointed in 1996 shall serve terms ending June 1, 1999;
3. Thereafter, all terms shall be for four years and shall expire on June 1st. (Ord. 1778 N.S. § 5, 2006: Ord. 1407 N.S. § 2, 1998; Ord. 1083 N.S. § 1, 1992; Ord. 811 N.S. § 1 (II-3-2), 1987)
2.36.030 Meetings.
The commission shall hold regular meetings at least twice a month or as otherwise deemed necessary by the commission. All meetings of the commission shall be held in the city council chambers at City Hall or other location designated by minute order of the city council or at a location deemed necessary or appropriate by the planning commission. (Ord. 1197 N.S. § 1 (part), 1994: Ord. 811 N.S. § 1 (II-3-3), 1987)
2.36.040 Powers and duties.
The planning commission shall have the powers and shall perform all the duties conferred and imposed upon city planning commissions by the applicable provisions of Chapter 3 of Title VII of the Government Code of the state and, in addition, the planning commission shall:
A. Perform all the functions assigned to the commission by the subdivision and zoning ordinances (Titles 17 and 18 of this code) of the city, and all general laws of the state of California;
B. Serve as an advisory body to the city council on matters related to city growth and development and on such other matters as may be requested by the council; C. Promote public interest in and understanding of the subdivision and zoning ordinances of the city, and also of all master plans and other official plans and regulations pertaining to planning which have been approved officially by the city council; D. Review and advise the city council on all proposed amendments to Title 17, Subdivisions, and Title 18, Planning and Land Use Regulations;
E. Approve or disapprove application for designation of cultural resources and historic districts pursuant to Chapter 18.75 of this code, or as amended;
F. Approve or disapprove permits sought to remove or demolish a cultural resource, cultural resource site or historic district pursuant to Chapter 18.75 of this code, or as amended. (Ord. 1111 N.S. §§ 2, 3, 1992; Ord. 899 N.S. § 18, 1989; Ord. 811 N.S. § 1 (II-3-4), 1987)
8 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager
APPROVE SOLID WASTE MANAGEMENT RATE ADJUSTMENT FOR
2023
RECOMMENDATION(S)
Adopt resolution approving an adjustment in the maximum allowable solid waste charges effective July 1, 2023.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment
REPORT NARRATIVE:
The purpose of this report is to present Recology South Valley's (Recology) request for an adjustment in the maximum allowable solid waste rates charged within the City for City Council consideration and action.
One of the provisions of Recology's franchise agreement has historically been that service rate increases are based upon changes in the Consumer Price Index and the price of natural compressed gas. With the latest franchise agreement approved in 2022, rate amendments are now based on changes in the Consumer Price Index and price of compressed natural gas, in addition to cost of waste disposal, recycling processing, and accrued exceptional costs. The rate adjustment requested this year when accounting for these factors is a 9.92% increase. For descriptions of the service rate calculation components, see table below.
In accordance with their franchise agreement with the City, Recology submitted the attached timely request for a rate adjustment (Attachment 1) and staff has determined that Recology's rate application follows the formula prescribed in the amended franchise agreement. For residential customers, this 9.92% adjustment applied to the current, basic residential service rate of $38.22 is $3.79 per month. With the approval of this adjustment, the maximum permitted monthly charge for flatland customers will be $42.01 and the maximum permitted monthly charge for hillside customers will be $45.70. For a business getting a 3-yard dumpster serviced once per week, the maximum allowable monthly rate will rise from $420.44 to $462.15. As always, customers eligible for lower rates on their PG&E bill can also obtain discounted solid waste services by showing Recology their discounted PG&E bill.
8 It is recommended that the Council adopt the resolution (Attachment 2) increasing the maximum allowed rates for solid waste management services starting July 1, 2023.
SERVICE RATE CALCULATION COMPONENTS
Component Description
Consumer
Price Index
The Consumer Price Index (CPI) is used to adjust the portion of rates that the parties have agreed represent costs for labor, capitalized equipment, equipment parts, repair and maintenance, facilities, utilities, insurance, administration and other necessary and reasonable costs.
Fuel This component is used to adjust the portion of rates that the parties have agreed represents the cost of fuel used by the hauler for its operations.
Solid Waste
Disposal
This component is used to adjust the portion of rates that the parties have agreed represents the cost for disposing of solid waste at the designated disposal facility.
Recyclables
Processing
This component is used to adjust the portion of rates that the parties have agreed represents the cost of processing recyclable materials delivered to a recycling processing facility.
Exceptional
Costs
This component is the amount calculated for the hauler to recover costs incurred during the previous year for additional services. These services could include, but are not limited to:
• Cost of Performance Audit
• Cost of compost provided by the hauler, as requested annually by the City • Cost of City-requested homeless encampment and other cleanup events • Cost of City-requested disposal vouchers
Exceptional Costs also include Implementation Funds, which are funds requested for collection in the upcoming year to cover City activities and programs implemented for compliance with Local, Regional, State, or Federal permits, laws, and/or regulations that are related to the collection and/or management of trash or solid wastes. Implementation Funds in 2023/24 will total $380,000, resulting in a
3.54% service rate increase. These Implementation Funds will go toward City staff resources for compliance with SB 1383 Mandatory Organic Waste Recyling, and also design of trash capture devices for compliance with the State Trash Amendments.
COMMUNITY ENGAGEMENT:
The community will be informed about the rate amendment via notices in the bills they receive from Recology.
ALTERNATIVE ACTIONS:
Not applicable as the City is contractually obligated to approve this amendment to the maximum rates for the normal annual adjustment.
8 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City Council has evaluated solid waste rate adjustments annually for decades. In 2022, the City Council approved the current franchise agreement which changed the formula for the annual process.
FISCAL AND RESOURCE IMPACT:
The City's annual franchise fee revenues will increase by approximately $178,000 under the proposed rate adjustments. The increase will be incorporated into the City's budget and financial forecast. Franchise fee is a revenue source of the General Fund (010).
Processing this application is an anticipated and included activity in the work program of the Community Services Department.
CEQA (California Environmental Quality Act):
This action will not result in physical changes to the environment, and it is not a project under CEQA.
RESOLUTION NO. 23-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL APPROVING AN ADJUSTMENT IN
SOLID WASTE COLLECTION RATES FOR 2023
WHEREAS, the City of Morgan Hill (the "City") has approved a franchise agreement with Recology South Valley (“Recology”) that establishes a methodology for regulating the maximum rates that Recology can charge to Morgan Hill customers; and WHEREAS, Recology has submitted an application for a rate adjustment that substantially complies with the methodology in the Agreement; and
WHEREAS, the cost of living, as indicated by the consumer price index, the cost of motor fuels, the cost of solid waste disposal, and the cost of recyclables processing have changed during the past year causing an increase in the cost of providing service; and WHEREAS, the City has requested collection of funds to support City efforts related to compliance with Local, Regional, State, or Federal permits, laws, and/or regulations that are associated with the collection and/or management of trash or solid wastes; and WHEREAS, Recology has agreed to provide notice in their next garbage billing explaining the rate adjustment process; and
WHEREAS, further reasons supporting the rate adjustment described in, and that is the subject of, this Resolution are set forth in detail in that certain City Council Staff Report entitled "Approve Solid Waste Management Rate Adjustment for 2023" submitted for City Council consideration at its meeting of May 3, 2023, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and
WHEREAS, the activities allowed under this Resolution do not constitute a project under the provisions of California Environmental Quality Act of 1970; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct that Recology South Valley is hereby authorized to adjust their rates up to the maximum levels listed on the rate schedule attached hereto as Exhibit A.
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 3rd day of May 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
_______________________________ _________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
— CERTIFICATION –
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 23-XXX adopted by the City Council at the meeting held on the 3
rd day of May 2023.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ Michelle Bigelow, CITY CLERK
EXHIBIT A
See Following Pages
RECOLOGY SOUTH VALLEY
CITY OF MORGAN HILL
RATES EFFECTIVE JULY 1, 2023
Current Add New
DESCRIPTION Rates 9.92% Rates
Residential Rates
BASIC SINGLE FAMILY 38.22 3.79 42.01
SGL FAM - NO STREET SWEEPING 37.75 3.74 41.49
HILLSIDE RESIDENTIAL 41.58 4.12 45.70
HILLSIDE RESIDENTIAL - NO SWEEPING 40.99 4.07 45.06
LOW INCOME 30.71 3.05 33.76
LOW INCOME - NO ST SWEEPING 30.33 3.01 33.34
EX YW CONTAINER RENT
BULKY MATERIAL (1-3 ITEMS) 50.89 5.05 55.94
BULKY MATERIAL (EACH EXTRA ITEM) 20.33 2.02 22.35
SIDE/BACKYARD SERV 15.26 1.51 16.77
SIDE/BACKYARD SERV Disabled FREE FREE FREE
TOTER RENTAL 6.46 0.64 7.10
RETURNED TRIP COLLECTION 39.82 3.95 43.77
Commercial Rates
1 CAN COMM (32 GALLON) 23.38 2.32 25.70
2 CANS COMM (64 GALLON) 38.32 3.80 42.12
3 CANS COMM (96 GALLON) 53.35 5.29 58.64
4 CANS COMM (128 GALLON) 68.38 6.78 75.16
5 CANS COMM (160 GALLON) 83.39 8.27 91.66
6 CANS COMM (192 GALLON) 98.44 9.77 108.21
7 CANS COMM (224 GALLON) 113.39 11.25 124.64
8 CANS COMM (256 GALLON) 128.38 12.74 141.12
9 CANS COMM (288 GALLON) 143.40 14.23 157.63
10 CANS COMM (320 GALLON) 158.41 15.71 174.12
1 CAN COMM (32 GALLON) w/cart 29.84 2.96 32.80
2 CANS COMM (64 GALLON) w/cart 44.78 4.44 49.22
3 CANS COMM (96 GALLON) w/cart 59.81 5.93 65.74
ORGANICS
32 GALLON 1 X WEEK 18.71 1.86 20.57
32 GALLON 2 X WEEK 35.48 3.52 39.00
32 GALLON 3 X WEEK 52.24 5.18 57.42
32 GALLON 4 X WEEK 69.00 6.84 75.84
32 GALLON 5 X WEEK 85.77 8.51 94.28
32 GALLON CONTAMINATED Recycle and Organics 39.82 3.95 43.77 64 GALLON 1 X WEEK 30.66 3.04 33.70
64 GALLON 2 X WEEK 58.13 5.77 63.90
64 GALLON 3 X WEEK 85.60 8.49 94.09
64 GALLON 4 X WEEK 113.08 11.22 124.30
64 GALLON 5 X WEEK 140.55 13.94 154.49
64 GALLON CONTAMINATED Recycle and Organics 39.82 3.95 43.77 96 GALLON 1 X WEEK 42.67 4.23 46.90
96 GALLON 2 X WEEK 80.91 8.03 88.94
96 GALLON 3 X WEEK 119.13 11.82 130.95
96 GALLON 4 X WEEK 157.37 15.61 172.98
96 GALLON 5 X WEEK 195.60 19.40 215.00
96 GALLON CONTAMINATED Recycle and Organics 39.82 3.95 43.77 Morgan Hill Rate Application - Effective 7-1-23 Exhibit A 2/27/2023 10:20 AM
RECOLOGY SOUTH VALLEY
CITY OF MORGAN HILL
RATES EFFECTIVE JULY 1, 2023
Current Add New
DESCRIPTION Rates 9.92% Rates
Commercial Rates
GARBAGE
1 YD 1 X WEEK 200.27 19.87 220.14
1 YD 2 X WEEK 379.73 37.67 417.40
1 YD 3XWEEK 559.15 55.47 614.62
1 YD4X WEEK 738.62 73.27 811.89
1 YD 5X WEEK 918.04 91.07 1,009.11
1 YD 6X WEEK 1,096.15 108.74 1,204.89
2 YD 1 X WEEK 290.26 28.79 319.05
2 YD 2X WEEK 550.33 54.59 604.92
2 YD 3X WEEK 810.38 80.39 890.77
2 YD4X WEEK 1,070.46 106.19 1,176.65
2YD 5X WEEK 1,330.47 131.98 1,462.45
2 YD 6X WEEK 1,588.63 157.59 1,746.22
1/2 3 YD 1 X WEEK (Grandfather) 210.21 20.85 231.06
3 YD 1 X WEEK 420.44 41.71 462.15
3YD2XWEEK 800.65 79.42 880.07
3 YD 3X WEEK 1,180.96 117.15 1,298.11
3 YD 4X WEEK 1,561.12 154.86 1,715.98
3 YD 5X WEEK 1,941.35 192.58 2,133.93
3 YD 6X WEEK 2,321.57 230.30 2,551.87
4 YD 1 X WEEK 544.02 53.97 597.99
4 YD2X WEEK 1,033.88 102.56 1,136.44
4 YD 3XWEEK 1,523.78 151.16 1,674.94
4 YD4X WEEK 2,013.69 199.76 2,213.45
4 YD 5X WEEK 2,503.55 248.35 2,751.90
4 YD6XWEEK 2,993.44 296.95 3,290.39
6 YD 1 X WEEK 812.84 80.63 893.47
6 YD 2 X WEEK 1,555.58 154.31 1,709.89
6 YD 3X WEEK 2,298.33 227.99 2,526.32
6YD4XWEEK 3,041.10 301.68 3,342.78
6 YD 5X WEEK 3,783.88 375.36 4,159.24
6YD 6X WEEK 4,526.62 449.04 4,975.66
SPECIAL COLLECTION 33.41 3.31 36.72
ORGANICS
1 YD 1 XWEEK 160.22 15.89 176.11
1 YD 2 XWEEK 303.77 30.13 333.90
1 YD3XWEEK 447.32 44.37 491.69
1 YD 4XWEEK 590.89 58.62 649.51
1 YDSXWEEK 734.43 72.86 807.29
1 YD6XWEEK 876.92 86.99 963.91
1 YD CONTAMINATED Recycle and Organics 50.07 4.97 55.04 2 YD 1 XWEEK 232.21 23.04 255.25
2 YD2XWEEK 440.26 43.67 483.93
2 YD3XWEEK 648.30 64.31 712.61
2 YD4XWEEK 856.37 84.95 941.32
2 YDSXWEEK 1,064.38 105.59 1,169.97
2YD6XWEEK 1,270.91 126.07 1,396.98
2 YD CONTAMINATED Recycle and Organics 72.57 7.20 79.77 3 YD 1 XWEEK 336.36 33.37 369.73
3 YD2XWEEK 640.53 63.54 704.07
3 YD3XWEEK 944.76 93.72 1,038.48
3 YD 4XWEEK 1,248.90 123.89 1,372.79
3 YDSXWEEK 1,553.08 154.07 1,707.15
3 YD 6XWEEK 1,857.24 184.24 2,041.48
3 YD CONTAMINATED Recycle and Organics 105.11 10.43 115.54 Morgan Hill Rate Application - Effective 7-1-23 Exhibit A 2/27/2023 10:20 AM
RECOLOGY SOUTH VALLEY
CITY OF MORGAN HILL
RATES EFFECTIVE JULY 1, 2023
Current Add New
DESCRIPTION Rates 9.92% Rates
4 YD 1 XWEEK 435.23 43.17 478.40
4 YD2XWEEK 827.12 82.05 909.17
4 YD3XWEEK 1,219.02 120.93 1,339.95
4 YD4XWEEK 1,610.95 159.81 1,770.76
4 YD 5XWEEK 2,002.84 198.68 2,201.52
4 YD 6XWEEK 2,394.76 237.56 2,632.32
4 YD CONTAMINATED Recycle and Organics 136.01 13.49 149.50 6 YD 1 XWEEK 650.27 64.51 714.78
6 YD2XWEEK 1,244.46 123.45 1,367.91
6YD3XWEEK 1,838.67 182.40 2,021.07
6 YD4XWEEK 2,432.88 241.34 2,674.22
6 YD 5XWEEK 3,027.10 300.29 3,327.39
6YD6XWEEK 3,621.30 359.23 3,980.53
6 YD CONTAMINATED Recycle and Organics 203.21 20.16 223.37 SPECIAL COLLECTION Per yard 26.71 2.65 29.36
REGULAR COMPACTOR (PER YARD) 52.77 5.23 58.00
RECYCLE COMPACTOR (PER YARD) 31.19 3.09 34.28
SUPER COMPACTOR (PER YARD) 105.50 10.47 115.97
20 YARD DEBRIS BOX 580.72 57.61 638.33
35 YARD DEBRIS BOX 829.62 82.30 911.92
40 YARD DEBRIS BOX 967.95 96.02 1,063.97
ORGANICS
20 YARD DEBRIS BOX 464.58 46.09 510.67
35 YARD DEBRIS BOX 663.69 65.84 729.53
40 YARD DEBRIS BOX 774.36 76.82 851.18
Debris Box Contaminated
20 YARD DEBRIS BOX Contaminated 580.72 57.61 638.33
35 YARD DEBRIS BOX Contaminated 829.62 82.30 911.92
40 YARD DEBRIS BOX Contaminated 967.95 96.02 1,063.97
Debris Box Return Trip Fee 75.00 7.44 82.44
PERM RENTAL 307.67 30.52 338.19
PERM DISPOSAL (PER YARD) 28.94 2.87 31.81
CARDBOARD COMPACTOR w/ garbage service FREE FREE FREE
20 YARD CARDBOARD w/ garbage service FREE FREE FREE
40 YARD CARDBOARD w/ garbage service FREE FREE FREE
20 YARD OTHER RECYCLABLES 296.84 29.45 326.29
40 YARD OTHER RECYCLABLES 494.78 49.08 543.86
20 YARD DEBRIS BOX HILLSIDE 724.07 71.83 795.90
40 YARD DEBRIS BOX HILLSIDE 1,110.75 110.19 1,220.94
Comfl.actor Front Loader Service
2 YARD COMPACTOR 1 X WEEK 457.31 45.37 502.68
2 YARD COMPACTOR 2 X WEEK 914.61 90.73 1,005.34
2 YARD COMPACTOR 3 X WEEK 1,371.92 136.09 1,508.01
3 YARD COMPACTOR 1 X WEEK 685.97 68.05 754.02
3 YARD COMPACTOR 2 X WEEK 1,371.92 136.09 1,508.01
Sufl.er Comfl.actor Front Loader Service
2 YARD COMPACTOR 1 X WEEK 914.41 90.71 1,005.12
2 YARD COMPACTOR 2 X WEEK 1,828.80 181.42 2,010.22
2 YARD COMPACTOR 3 X WEEK 2,743.21 272.13 3,015.34
3 YARD COMPACTOR 1 X WEEK 1,371.59 136.06 1,507.65
3 YARD COMPACTOR 2 X WEEK 2,743.21 272.13 3,015.34
Sfl.ecial Street Sweefl.ing_
M-F 8:00AM-5:00PM (PER HOUR) 75.00 7.44 82.44
ALL OTHER HOURS (MINIMUM + HOURLY) 500.00 49.60 549.60
Morgan Hill Rate Application - Effective 7-1-23 Exhibit A 2/27/2023 10:20 AM
9 CITY COUNCIL STAFF REPORT
MEETING DATE: May 3, 2023
PREPARED BY:
Mario Ramirez, Police Captain
APPROVED BY: City Manager
ACCEPT THE MORGAN HILL POLICE DEPARTMENT'S ANNUAL
MILITARY EQUIPMENT USE REPORT
RECOMMENDATION(S)
Accept the Morgan Hill Police Department's Annual Military Equipment Use Report.
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:
On September 30, 2021, the Governor of the State of California approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council) by adopting a military equipment use policy. The Department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to an annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for special military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with standards.
Finally, the bill requires the publication of the military equipment use procedure and the annual military equipment report on the Department's website. The military equipment
9 use procedure must be posted on the website at least 30 days before the Council meeting. Staff has complied with this requirement and the publication can be found at this link https://www.morganhill.ca.gov/2275/Military-Equipment-Policies.
California Government Code section 7072 requires an annual report within a year of the policy approval and annually after that for as long as the military equipment is in use.
The annual report must contain the following information:
1. A summary of how the equipment was used and the purpose of its use.
2. A summary of any complaints or concerns from members of the public about the equipment.
3. The results of an internal audit, including any information about violations of the equipment use policy and any actions taken in response.
4. The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the military equipment in the calendar year following submission of the annual report.
5. The quantity possessed for each type of controlled equipment.
6. If the law enforcement agency intends to acquire additional military equipment next year, and the quantity sought for each type of qualifying equipment.
The Morgan Hill Police Department recognizes the public's ongoing interest in how military equipment is used to protect our community and is committed to maintaining our community's trust in providing professional and responsive police services. As such, the Morgan Hill Police Department has authored the attached comprehensive Annual Military Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.
COMMUNITY ENGAGEMENT:
This report serves to inform the community of the police department's Annual Military Equipment Use Report. The annual report has been posted on our website.
ALTERNATIVE ACTIONS:
The City Council can direct staff to bring back the military equipment use policy for further Council review.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On April 6, 2022, the City Council approved the use of Military Equipment Policies 708 and 709.
FISCAL AND RESOURCE IMPACT:
In Calendar Year 2022, the Morgan Hill Police Department spent approximately $16,320 for controlled equipment. These funds were allocated to the Police Department in the budget for FY 22-2023. Additionally, these funds are utilized to maintain the current military equipment in operations. Any future fiscal impact will be addressed in a
9 coinciding Staff Report requesting permission to add additional equipment to the designated policies.
CEQA (California Environmental Quality Act):
Not a project.
This entails organizational or administrative activities of governments and will result in direct or indirect physical changes in the environment.
MORGAN HILL POLICE DEPARTMENT
CONTROLLED EQUIPMENT
ANNUAL REPORT
January 1, 2022 to December 31, 2022
Annual Report on Military Equipment Use 2022
Table of Contents
Executive Summary ....................................................................................................................................2 Introduction .................................................................................................................................................3 Summary of Controlled Equipment Usages ...............................................................................................4 Current Inventory of Controlled Equipment ...............................................................................................7 Military Equipment Categories ................................................................................................................8 Unmanned Aerial Systems (UAS)............................................................................................................9 Armored Vehicle ....................................................................................................................................11 The Rook……………………………………………………………………………………………….13
Mobile Incident Command Vehicle .......................................................................................................15 Long Range Acoustic Device………………………………………………………………………….17 40 MM Less-Lethal Launchers and Munitions ......................................................................................19 Less-Lethal Shotgun and Munitions.......................................................................................................22 Diversionary Devices .............................................................................................................................24 Rifles and Munitions ..............................................................................................................................27 Chemical Agents and Smoke Canisters ..................................................................................................32 Pepper-Ball Launcher & Projectiles……...………………………………………………………....….35 Training Summary.....................................................................................................................................37 Equipment Costs........................................................................................................................................38 Fiscal Impact .............................................................................................................................................39 Projected Acquisitions for 2023.................................................................................................................40 Consumable Controlled Equipment ..........................................................................................................41 Non-Consumable Controlled Equipment ..................................................................................................42 Department Transparency..........................................................................................................................43 Military Equipment Coordinator Report ...................................................................................................43 Conclusion .................................................................................................................................................44 Appendix ...................................................................................................................................................45 Definitions..................................................................................................................................................45
2 Annual Report on Military Equipment Use 2022
Executive Summary
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council) by adopting a military equipment use policy. The Department is required to seek City Council approval of their military equipment use procedure by ordinance, at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to an annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for special military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with the standards.
Finally, the bill requires the publication of the military equipment use procedure and the annual military equipment report on the Department's website. The military equipment use procedure must be posted on the website at least 30 days before the City Council meeting.
California Government Code Section 7072 requires an annual report within a year of the policy approval and annually thereafter, as long as the military equipment is in use. The annual report must contain the following information:
1) A summary of how the equipment was used and the purpose of its use. (pg. 4-6). 2) A summary of any complaints or concerns from members of the public about the equipment. (pg.43)
3) The results of an internal audit, including any information about violations of the equipment use policy and any actions taken in response. (pg. 43)
4) The total annual cost for each type of equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses; and from what source funds will be provided for the military equipment in the calendar year following submission of the annual report. (pg. 38-39)
5) The quantity possessed for each type of controlled equipment. (pg. 7-36) 6) If the law enforcement agency intends to acquire additional military equipment next year, and the quantity sought for each type of qualifying equipment. (pg. 40-42) The Morgan Hill Police Department shall hold at least one well-publicized and conveniently located community engagement meeting. The public may discuss and ask questions regarding the annual report, the law enforcement agency's funding, acquisition, and/or the use of the controlled equipment.
The Morgan Hill Police Department recognizes the public's ongoing interest in how military equipment is used to protect our community and is committed to maintaining our community's trust in providing professional and responsive police services. As such, the Morgan Hill Police Department has authored the following comprehensive Annual Military Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.
3 Annual Report on Military Equipment Use 2022
Introduction
The Morgan Hill Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services. To accomplish our mission effectively and safely, the Morgan Hill Police Department possesses and utilizes certain specialized equipment (Military equipment) to safeguard the citizens of Morgan Hill and protect our first responders. While our inventory of military equipment varies, the mere possession of this equipment does not warrant its use. The merits and the totality of the circumstances of each unique incident are considered before military equipment is utilized in compliance with department policy and law.
The term "military equipment," as used in Assembly Bill 481, does not necessarily indicate the equipment is or has been used by the military. Many items defined as "military equipment" by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Morgan Hill Police Department's use of military equipment is consistent with overall best practices employed by police departments nationwide.
Items used by the Morgan Hill Police Department that are considered military equipment under Assembly Bill 481 include but are not limited to, emergency response equipment such as command vehicles, armored rescue vehicles, less-lethal shotguns, less-lethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to and use of this equipment is vital in ensuring our officers have the appropriate tools to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties.
This Annual Military Equipment Use Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for the calendar year 2022 (January 1, 2022, through December 31, 2022).
4 Annual Report on Military Equipment Use 2022
Summary of Military Equipment Usage
The Morgan Hill Police Department provides law enforcement services twenty-four hours a day, seven days a week, serving a city population of over 45,500. The Department is committed to de-escalating situations, and using force is reserved for instances where less intrusive options are not feasible. In 2022, the Morgan Hill Police Department responded to approximately 35,325 calls for service. Of those calls for service, officers used force on only 17 occasions, representing .0005% of the total calls for service.
Officers utilized military equipment in four cases involving the use of force.
Police events and critical incidents are unpredictable and often very dynamic. The availability and use of specific equipment are necessary for incident commanders, officers, and specialized units to resolve incidents safely and effectively. It is incumbent upon incident commanders, supervisors, individual officers, and specialized teams to recognize the circumstances wherein specialized equipment should be deployed and to utilize the equipment within the confines of department policy and State law. Each use of military equipment is reviewed to ensure it was used properly and justly based on the totality of the circumstances, public safety, officer safety, civil rights, State law, and information available at the time of use.
The Morgan Hill Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. While the Morgan Hill Police Department's inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The use of military equipment is restricted to use only in certain instances and, in some cases, only by certain units.
This section outlines the military equipment usage for 2022. Certain items of controlled equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.), are used throughout the year regularly for training in order to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Equipment Report.
The following is the data for military equipment usage by category for 2022:
Unmanned Aircraft System (UAS)
The UAS was utilized zero (0) times operationally in 2022.
Armored Rescue Vehicles
The armored rescue vehicle was utilized eleven (11) times operationally in 2022. These deployments occurred during SWAT operations in the:
• City of Gilroy (6)
• City of Morgan Hill (5)
The armored rescue vehicle was also utilized and obtained through mutual aid with the Santa Clara County Sheriff's Office and the Santa Clara Police Department.