Special/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, June 7, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or by teleconference/video conference. Information on how the public may observe and participate in the meeting is located below.
MEETING PARTICIPATION AND PUBLIC COMMENT
City Council meetings will be live-streamed on Channel 17, the City’s website, and the City’s Facebook page.
Those members of the community that would like to participate in the meetings remotely may do so by joining virtually at: https://bit.ly/MHCityCouncilMeetingor by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#. Public comment may be provided in the following ways:
• Provide public comment in-person
• Join the City Council meeting virtually via the link above. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF
ZOOM TO BE UNMUTED)
• Join virtually by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
• Public comment in writing may be submitted via email to [email protected] or by mail to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037. Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) for your comments to be submitted to the members of the City Council with sufficient June 7, 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.
SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 pm for the purpose of conducting a closed session.
SPECIAL MEETING
5:00 p.m. closed session
CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
CLOSED SESSION
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; Dat Nguyen, Finance 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
SILENT INVOCATION
June 7, 2023
3 ADJOURN TO CLOSED SESSION
REGULAR MEETING
6:00 p.m.
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Proclaiming the month of June as LGBTQ+ Pride Month
RECOGNITIONS
Certificate of Recognition from Senator John Laird's office to the City of Morgan Hill for the City's efforts to support our LGBTQ+ community.
Certificate of Recognition awarded to Les Taylor for her volunteer efforts supporting the City’s Youth Action Council.
Certificate of Recognition awarded to the Parent Family for their volunteer efforts maintaining the Magical Bridge of Morgan Hill Playground for all visitors.
PRESENTATIONS
Morgan Hill Library Presentation
CITY COUNCIL REPORTS
Council Member Spring
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject June 7, 2023
4 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.
1. ACCEPT GALVAN PARK RESTROOM REPLACEMENT PROJECT IN THE AMOUNT OF $143,604
Recommendation:
1. Accept as complete the Galvan Park Restroom Replacement Project;
2. Authorize the City Engineer to sign the Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.
2. ADOPT ORDINANCE NO. 2346, NEW SERIES ENACTING SECTION 9.04.055 (CARRYING OF FIREARMS IN SENSITIVE PLACES) OF CHAPTER 9.04 (WEAPONS) OF TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF
THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL REGARDING THE
PROHIBITION OF CARRYING FIREARMS IN SENSITIVE PLACES
Recommendation:
Waive the reading, adopt Ordinance No. 2346, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.
3. ADOPT RESOLUTION ESTABLISHING THE GANN (PROPOSITION 4) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24
Recommendation:
Adopt Resolution establishing the Gann (Proposition 4) appropriations limit for Fiscal Year 2023-24.
4. APPROVE MICROSOFT ENTERPRISE AGREEMENT
Recommendation:
June 7, 2023
5 1. Approve the purchase of three-year Microsoft Office 365, Windows Server, and SQL Database Licensing from Dell Marketing, LLP in the amount of $411,126, plus a 10% contingency for any additional growth; and
2. Authorize the City Manager to execute and administer a Microsoft Enterprise Agreement for the licensing of Microsoft products and services with Dell through 2026 with subsequent renewal subject to budget appropriation.
5. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
KENNEDY/JENKS CONSULTANTS FOR THE EAST DUNNE AVENUE
HILLSIDE WATER RESERVOIR PROJECT
Recommendation:
1. Approve a professional services agreement with Kennedy/Jenks Consultants to complete the design for the East Dunne Avenue Hillside Water Reservoir project not to exceed $240,187.
2. Authorize the City Manager to execute all documents and make minor modifications as necessary in order to consummate the transaction.
6. APPROVE REVISIONS TO CITY COUNCIL POLICY CP-94-04, THE CITY'S
INVESTMENT POLICY
Recommendation:
Approve revisions to City Council Policy CP-94-04, the City's Investment Policy.
7. APPROVE THE MAY 3, 2023 CITY COUNCIL MEETING MINUTES Recommendation:
Approve the May 3, 2023 City Council Meeting Minutes.
8. AWARD 2023 PAVEMENT REHABILITATION PROJECT TO MCKIM
CORPORATION IN THE AMOUNT OF $3,948,023
Recommendation:
1. Approve 2023 Pavement Rehabilitation Project plans and specifications;
2. Award contract to McKim Corporation for the 2023 Pavement Rehabilitation Project in the amount of $3,948,023;
3. Authorize expenditure of construction contingency not to exceed $394,802; and
4. Authorize the City Manager to execute and administer the construction contract with McKim Corporation.
June 7, 2023
6 9. AWARD BUTTERFIELD FIRE STATION PROJECT TO LARRY S. KENT, INC.
DBA KENT CONSTRUCTION IN THE AMOUNT OF $7,956,553
Recommendation:
1. Adopt resolution amending the Fiscal Year 2022-23 Budget and appropriating an additional $2,250,000 to fund the Butterfield Fire Station Project;
2. Authorizing an interfund loan to Public Safety Facilities Impact Fund (315) of $7,750,000 from Local Drainage Impact Fund (303) ($5,750,000), Park Maintenance Fund (302) ($1,000,000), and Public Facilities Fund (347) ($1,000,000);
3. Approve the Butterfield Fire Station Plans and Specifications;
4. Award contract to Larry S. Kent, Inc. DBA Kent Construction in the amount of $7,956,553;
5. Authorize expenditures of construction contingency funds not to exceed $795,655; and
6. Authorize the City Manager to execute and administer the construction contract with Larry S. Kent, Inc. DBA Kent Construction.
10. AWARD FISHER BASIN EXPANSION PROJECT TO GALEB PAVING, INC.
IN THE AMOUNT OF $2,568,800
Recommendation:
1. Approve Fisher Basin Expansion Project plans and specifications;
2. Award contract to Galeb Paving Inc. for the Fisher Basin Expansion Project in the amount of $2,568,800;
3. Authorize expenditure of construction contingency funds not to exceed $385,320; and
4. Authorize the City Manager to execute and administer the construction contract with Galeb Paving Inc.
11. AWARD JACKSON OAKS WATER MAIN PROJECT TO SUBTERRA
CONSTRUCTION, INC. IN THE AMOUNT OF $642,100
Recommendation:
1. Approve the Jackson Oaks Water Main Project Plans and Specifications;
2. Award contract to SubTerra Construction, Inc. for the Jackson Oaks Water Main Project in the amount of $642,100;
3. Authorize the expenditure of construction contingency funds not to exceed $96,315; and
4. Authorize the City Manager to execute and administer the construction contract with SubTerra Construction, Inc.
June 7, 2023
7 12. RATIFY CITY POSITIONS ON PENDING LEGISLATION
Recommendation:
1. Ratify the City’s position on pending legislation, Assembly Bill 33 (Bains) Fentanyl Addiction and Overdose Prevention Task Force;
2. Ratify the City’s position on pending legislation, Assembly Bill 367 (Maienschein) Controlled substances: enhancements;
3. Ratify the City's position on pending legislation, Assembly Bill 474 (Rodriguez) State Threat Assessment Center: transnational criminal organizations;
4. Ratify the City's position on pending legislation, Assembly Bill 955 (PetrieNorris) Controlled substances; and
5. Ratify the City's position on pending legislation, Assembly Bill 742 (Jackson) Law enforcement: police canines.
13. RECEIVE MONTHLY BUDGET UPDATE AND APRIL 2023 FINANCIAL AND
INVESTMENT REPORTS
Recommendation:
Accept and file report.
PUBLIC HEARINGS
14. ADOPT RESOLUTION ORDERING ANNUAL ASSESSMENTS AND
RELATED ACTIONS FOR CITY OF MORGAN HILL LANDSCAPE
ASSESSMENT DISTRICT NUMBER 1
Recommendation:
1. Open and close the Public Hearing; and
2. Adopt resolution confirming Fiscal Year (FY) 2023-24 annual assessments and ordering the levy of assessments for the District.
OTHER BUSINESS
15. APPROVE VILLA MIRA MONTE CONCEPTUAL SITE MASTER PLAN Recommendation:
Approve the Villa Mira Monte Conceptual Site Master Plan Design.
16. APPROVE AGREEMENT WITH HEXAGON TRANSPORTATION
CONSULTANTS, INC. FOR DEVELOPMENT OF A TRANSPORTATION
MASTER PLAN
Recommendation:
June 7, 2023
8 1. Authorize the City Manager to execute and administer an agreement with Hexagon Transportation Consultants, Inc. for the development of a Transportation Master Plan at a total cost of $893,960; and
2. Adopt a resolution to amend the FY 2022-23 Budget to appropriate $393,960 from Traffic Impact Fund (309), with the Long Range Planning Fund (207) contributing $100,000 of that appropriation.
17. APPROVE UPDATE TO THE CITY'S DONATION POLICY
Recommendation:
Accept changes to the City's Donation Policy
18. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL
INITIATED AGENDA ITEM
Recommendation:
Determine if the majority of the City Council wants the following item agendized at a future meeting for discussion:
Considering implementing term limits for City Council and/or Commission members.
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
June 7, 2023
9 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.
Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.
June 7, 2023
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