Regular Meeting Agenda
City Council
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Gino Borgioli - Council Member
Rene Spring - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, January 17, 2024 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 view 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 view the meetings remotely may do so by joining virtually at: https://bit.ly/MHCityCouncilMeeting, by calling (669) 900-9128, then enter the webinar id: 873 3200 8380# or on our website at https://www.morganhill.ca.gov/2101/Agendas-Minutes.
Public comment may only be provided in the following ways:
• In-person at the City Council Meeting;
• In writing
o Via email to [email protected]; or
o Hard copy hand delivered or by mail to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037.
Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) for your comments to be submitted to the members of the City Council with sufficient time to review the comments. You may continue to provide written comments up to noon on Wednesday (the day of the January 17, 2024
2 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. It is recommended that you do not include any personal information that you do not want to be posted on the web.
CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS
YAC Presentation
Trusted Response Urgent Support Team (TRUST) Presentation
CITY COUNCIL REPORTS
Mayor Turner
CITY MANAGER'S REPORT
New Hire, Promoted, and Retired Employee Recognitions
January 17, 2024
3 CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)
Public Comment
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. ADOPT ORDINANCE 2351, NEW SERIES, AMENDING SECTIONS 2.04.020 SALARY OF COUNCIL MEMBERS AND 2.04.030 SALARY OF THE MAYOR OF THE CHAPTER 2.04 CITY COUNCIL OF THE MUNICIPAL CODE OF THE
CITY OF MORGAN HILL
Recommendation:
Waive the reading, adopt Ordinance No. 2351, 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.
2. APPROVE ARTIST AND ARTWORK FOR GALVAN PARK RESTROOM
Recommendation:
1. Approve the selection of artist Abigail Dunnivan and artwork on the Galvan Park Restroom; and
January 17, 2024
4 2. Authorize the City Manager to execute and administer artist agreement for the artwork.
3. APPROVE SECOND AMENDMENT TO ON-CALL REPAIR CONTRACT WITH
GOLDEN BAY CONSTRUCTION FOR A NEW TOTAL COMPENSATION UP TO $950,000
Recommendation:
Authorize the City Manager to execute a second amendment to the on-call water and sewer repair contract with Golden Bay Construction with compensation up to $950,000.
4. APPROVE THE FINAL MAP FOR THE LUMBER YARD PHASE 2 PROJECT – TRACT NO. 10621 (DEPOT STREET AND EAST DUNNE AVENUE), AND
THE FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS
AGREEMENT FOR THE LUMBER YARD PHASE 1 – TRACT NO. 10541 Recommendation:
1. Approve the Final Map for the Lumber Yard Phase 2 Project (Tract No. 10621);
2. Authorize the recordation of the Lumber Yard Phase 2 Final Map;
3. Approve the First Amendment to the Subdivision Improvements Agreement for the Lumber Yard Phase 1 Project (Tract No. 10541);
4. Authorize the City Manager to execute the First Amendment to the Lumber Yard Phase 1 Subdivision Improvements Agreement with MH LUMBERYARD 49, LLC; and
5. Authorize the recordation of the First Amendment to the Subdivision Improvements Agreement.
5. APPROVE THE FINAL MAP FOR THE KERLEY RESIDENTIAL PROJECT - TRACT NO. 10609 (19380 MONTEREY ROAD WITH ASSESSOR PARCEL NUMBERS 726-42-001 AND 726-42-002) AND RELATED SUBDIVISION
IMPROVEMENTS AGREEMENT
Recommendation:
1. Approve the Final Map;
2. Authorize the City Manager to execute the Subdivision Improvements Agreement with CIVIC MONTEREY ROAD, LLC;
and
3. Authorize the recordation of the Final Map and Subdivision Improvements Agreement.
6. APPROVE THE DECEMBER 6, 2023 CITY COUNCIL MEETING MINUTES January 17, 2024
5 Recommendation:
Approve Minutes.
7. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH ACT PRIVATE SECURITY & INVESTIGATIONS INC. FOR SECURITY SERVICES Recommendation:
Authorize the City Manager to execute and administer a two and a half year agreement with ACT Private Security & Investigations Inc, in the amount of $155,000 for security services.
8. AWARD AQUATICS CENTER RECREATION POOL REPLASTERING
PROJECT
Recommendation:
1. Award contract to Earl Adams Tile - Coping & Plastering, Inc. dba Adams Pool Solutions in the amount of $137,262 and contingency funds not to exceed $27,452; and
2. Authorize the City Manager to execute and administer that certain construction contract with Earl Adams Tile - Coping & Plastering, Inc. dba Adams Pool Solutions.
9. AWARD COMMUNITY PARK DG PATHWAYS PROJECT
Recommendation:
1. Award Decomposed Granite (DG) Pathways Project to Angkor Engineering, Inc. in the amount of $51,825 and contingency funds not to exceed $25,913; and
2. Authorize the City Manager to execute and administer that certain construction contract with Angkor Engineering, Inc.
10. PAVEMENT CONDITION UPDATE AND PAVEMENT REHABILITATION
PLANNING UPDATE
Recommendation:
Receive updates.
11. PURCHASE OF MOBILE OFFICE SPACE FOR AQUATICS CENTER AND
OUTDOOR SPORTS CENTER USE
Recommendation:
1. Approve the purchase of mobile office space for $100,000; and
2. Authorize the City Manager to execute necessary agreements to complete the purchase with approval of the City Attorney.
January 17, 2024
6 12. RECEIVE MONTHLY BUDGET UPDATE AND NOVEMBER 2023 FINANCIAL
AND INVESTMENT REPORTS
Recommendation:
Accept and file report.
13. APPROVE STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES'
UNIVERSAL RESOLUTION DESIGNATING APPLICANT'S AGENT FOR
DISASTER ASSISTANCE
Recommendation:
1. Designate City Manager, Finance Director, or Senior Accountant to submit for Disaster Assistance to the State of California, Office of Emergency Services, for the purpose of obtaining certain federal financial assistance; and
2. Direct the City Clerk to certify the Designation of Applicant’s Agency Resolution to the State of California, Office of Emergency Services.
OTHER BUSINESS
14. ADOPT RESOLUTION FOR AN EXCEPTION TO THE 180-DAY WAITING
PERIOD TO APPOINT RETIRED ANNUITANT, ANDREW CRABTREE, TO
SERVE AS TEMPORARY EXTRA HELP (GOVERNMENT CODE SECTIONS 7522.56 AND 21224) IN THE DEVELOPMENT SERVICES DEPARTMENT TO
PERFORM WORK AS A RETIRED ANNUITANT
Recommendation:
Adopt Resolution for an exception to the 180-day waiting period to appoint Andrew Crabtree, a retired annuitant, to serve as temporary extra help (Government Code Sections 7522.56 and 21224) in the Development Services Department to perform work as a Retired Annuitant.
15. PROVIDE DIRECTION REGARDING CITY COUNCIL TERM LIMITS AND
MAYORAL TERM
Recommendation:
1. Provide direction to staff regarding the drafting of an ordinance creating term limits that would be submitted to the voters in November 2024; and
2. Provide direction to staff regarding the mayoral term.
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.
January 17, 2024
7 CLOSED SESSION
THREAT TO PUBLIC SERVICES OR FACILITIES (§ 54957)
Consultation with: Morgan Hill Police Department, Chief of Police
OPPORTUNITY FOR PUBLIC COMMENT
ADJOURNMENT
January 17, 2024
8 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 request an item on the agenda for a future City Council meeting. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.
Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.
January 17, 2024
9