Special/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, April 24, 2024 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 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 April 24, 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. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
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.
SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting Library, Culture, and Arts Commission and Parks and Recreation Commission interviews.
SPECIAL MEETING
5:00 p.m. - Library, Culture, and Arts Commission and Parks and Recreation Commission interviews
April 24, 2024
3 CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
COMMISSION INTERVIEWS
1. REAPPOINTMENT OF THREE (3) COMMISSIONERS ON THE LIBRARY, CULTURE AND ARTS COMMISSION (LCAC) AND ONE (1) COMMISSIONER
ON THE PARKS AND RECREATION COMMISSION (PRC) AND INTERVIEW CANDIDATES TO FILL THE REMAINING TWO (2) SEATS ON THE LIBRARY, CULTURE, AND ARTS COMMISSION AND REMAINING TWO (2) SEATS ON
THE PARKS AND RECREATION COMMISSION
Recommendation:
1. Reappointment of Commissioners Suman Ganapathy, Amanda Santiago, and Jake Thompson to the Library, Culture, and Arts Commission with terms ending April 1, 2028;
2. Appointment of Commissioner Poonam Chabra to the Parks and Recreation Commission (currently on LCAC) with a term ending April 1, 2028;
3. Mayor shares the characteristics/traits that a successful applicant(s) would possess;
4. Conduct Interviews;
5. Council Members identify the top applicant(s) and provide recommendations to the Mayor; and
6. Discuss and/or appoint applicant(s).
REGULAR MEETING
6:00 p.m.
April 24, 2024
4 PRESENTATIONS
YAC Presentation
RECOGNITIONS
Recognizing Alban Diaz for his 18 years of serving the Youth of Morgan Hill
PROCLAMATIONS
Proclaiming the month of March as Endometriosis Awareness Month Proclaiming the month of March as Red Cross Month
Proclaiming April 22, 2024 as Earth Day
Proclaiming April 14-24, 2024 as Public Safety Telecommunicators Week Proclaiming the month of May as Older Americans Month
Proclaiming the month of May as Water Safety Month
CITY COUNCIL REPORTS
Mayor Pro Tem Librers
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)
April 24, 2024
5 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.
2. ADOPT ORDINANCE 2352, NEW SERIES, AMENDING VARIOUS CODE PROVISIONS WITHIN TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF
THE CITY OF MORGAN HILL IMPLEMENTING THE CITY OF MORGAN HILL 2023-2031 HOUSING ELEMENT; UPDATES TO ELECTRIC VEHICLE
CHARGING PROVISIONS TO PROVIDE CONSISTENCY WITH CHAPTER
15.62 (ELECTRIC VEHICLE CHARGING INFRASTRUCTURE); UPDATES TO PARKING PROVISIONS TO COMPLY WITH ASSEMBLY BILL 894; AND
IMPLEMENTING MINOR AMENDMENTS DUE TO CLERICAL ERRORS AND
INCONSISTENCIES
Recommendation:
Waive the reading, adopt Ordinance No. 2352, 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. APPROVE A CONSULTANT AGREEMENT WITH SAN JOSE
CONSERVATION CORPS FOR RECYCLING AND REUSE HOTLINE AND
WEBSITE ADMINISTRATION PROJECT IN THE AMOUNT OF $544,400 Recommendation:
1. Approve a contract with San Jose Conservation Corps for $544,400 to provide Recycling and Reuse Hotline and Website Administration Services with $4,400 allocated to FY 2023-24, and $180,000 allocated annually thereafter through FY 2026-27, contingent on approval of the annual funds by the Recycling and Waste Reduction Commission; and
2. Authorize the City Manager to execute and administer the consultant agreement with San Jose Conservation Corp, and to enter into up to two one-year extensions of the contract; and
3. Adopt a Resolution appropriating an additional $4,400 to the City's Countywide Solid Waste Program for FY 2023-24 (Fund 246).
4. APPROVE FIRST AMENDMENT TO ENVIRONMENTAL SYSTEMS, INC.
HVAC MAINTENANCE SERVICES AGREEMENT
Recommendation:
April 24, 2024
6 1. Approve the First Amendment to the maintenance services agreement with Environmental Services, Inc. (ESI) to increase the amount by $600,000 for a total agreement amount of $1,262,944.
2. Authorize the City Manager to execute and administer the first amendment with Environmental Services, Inc.
5. APPROVE FIRST AMENDMENT TO THE WEST COAST ARBORISTS, INC.
MAINTENANCE SERVICES AGREEMENT
Recommendation:
1. Approve the first amendment to the maintenance services agreement with West Coast Arborists, Inc. to increase the amount by $200,000 for a total agreement amount of $852,000; and
2. Authorize the City Manager to execute and administer the first amendment with West Coast Arborists, Inc.
6. APPROVE AN AGREEMENT WITH SOLUTIONZ, INC. FOR THE PURCHASE
AND INSTALLATION OF THE COUNCIL CHAMBER AUDIO/ VISUAL
EQUIPMENT REPLACEMENT AND UPGRADES IN THE AMOUNT OF
$465,103 AND A 10% CONTINGENCY NOT TO EXCEED $46,510
Recommendation:
1. Approve an agreement with Solutionz, Inc. for Council Chamber Audio/Visual Equipment Replacement and Upgrades in the amount of $465,103 and a 10% contingency not to exceed $46,510;
2. Authorize the City Manager to execute and administer the consultant agreement with Solutionz, Inc.; and
3. Adopt resolution amending the FY 2023-24 Information Systems Fund (Fund 730) Budget to appropriate $256,612.
7. APPROVE THE 2023 MILITARY EQUIPMENT USE REPORT
AND PURCHASE OF A LENCO BEARCAT AND FIVE COLT CARBINE
RIFLES
Recommendation:
1. Approve 2023 Military Equipment Use Report and approve the continued use of military equipment contained in the report;
2. Authorize the purchase of one Lenco BearCat from Lenco Industries, Inc. dba in an amount not to exceed $410,000;
3. Authorize the purchase of five Colt Carbine Rifles in an amount not to exceed $9,000;
April 24, 2024
7 4. Authorize the City Manager to execute the purchase agreement with Lenco Industries, Inc. dba.;
5. Adopt resolution to amend the FY23-24 Budget to appropriate $127,000 to the Vehicle Replacement Fund (790); and
6. Amend Morgan Hill Police Department Policy 709 (Military Equipment) to include the five additional patrol rifles.
8. APPROVE THE PURCHASE OF CLA-VALVE REPAIR AND REBUILD KITS IN THE AMOUNT OF $103,718 FROM ICONIX WATERWORKS
Recommendation:
Approve and authorize the City Manager to execute a purchase order to Iconix Waterworks in the amount of $103,718 for the purchase of Cla-Valve repair and rebuild kits for repairs to the City’s water infrastructure.
9. APPROVE THE MARCH 6, 2024 CITY COUNCIL MEETING MINUTES Recommendation:
Approve minutes.
10. AWARD CONDIT SEWER CAPACITY UPGRADE PROJECT TO SUBTERRA CONSTRUCTION, INC. IN THE AMOUNT OF $1,824,097
Recommendation:
1. Approve the Condit Sewer Capacity Upgrade Project Plans and Specification;
2. Award contract to SubTerra Construction Inc. for the Condit Sewer Capacity Upgrade Project in the amount of $1,824,097;
3. Authorize expenditure of construction contingency funds not to exceed $364,820; and
4. Authorize the City Manager to execute and administer the construction contract with SubTerra Construction, Inc.
11. INITIATE ANNUAL ASSESSMENT PROCESS FOR LANDSCAPE
ASSESSMENT DISTRICT NUMBER 1
Recommendation:
1. Initiate the proceedings for the levy of assessments for Fiscal Year 2024- 25;
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 5, 2024.
April 24, 2024
8 PUBLIC HEARINGS
12. HOLD PUBLIC HEARING AND TABULATE BALLOTS FOR SPARHAWK
SUBAREA OF MORGAN HILL LANDSCAPE ASSESSMENT DISTRICT
NUMBER 1
Recommendation:
1. Open public hearing;
2. Accept public input on ballot proceeding;
3. Announce close of public hearing is pending – Any property owner wishing to withdraw or submit their ballot must do so now;
4. Close public hearing;
5. Take a five minute recess for ballot tabulation;
6. Accept verbal report from the City Clerk on Sparhawk ballot tabulation results; and
7. Adopt Resolution A or B certifying the Sparhawk ballot proceeding results.
13. APPROVE SOLID WASTE MANAGEMENT RATE ADJUSTMENT FOR 2024 Recommendation:
Adopt resolution approving an adjustment in the maximum allowable solid waste charges effective July 1, 2024.
OTHER BUSINESS
14. ADOPT ORDINANCE NO. 2353, NEW SERIES, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF MORGAN HILL
AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
Recommendation:
Waive the reading, adopt Ordinance No. 2353, 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.
15. APPROVE LEADERSHIP MORGAN HILL PROJECT AT THE COMMUNITY
AND CULTURAL CENTER
Recommendation:
1. Approve Leadership Morgan Hill project at the Community and Cultural Center to improve splash pad area: and
2. Authorize the City Manager to execute agreements as needed with Leadership Morgan Hill and associated contractors to complete the installation.
April 24, 2024
9 16. INTRODUCE ORDINANCE REPEALING AND REPLACING CHAPTER 5.32 (MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS PERMIT REQUIREMENTS) OF TITLE 5 (BUSINESS LICENSES GENERALLY)
ESTABLISHING A PERMITTING PROCEDURE FOR MASSAGE THERAPY
ESTABLISHMENTS AND SERVICES
Recommendation:
1. Waive first and second reading of the Ordinance; and
2. Introduce new Ordinance replacing Chapter 5.32 (Massage Establishments and Massage Professionals Permit Requirements).
17. SEWERS AND INDUSTRIAL WASTE ORDINANCE UPDATES
Recommendation:
1. Waive first and second reading of the Ordinance; and
2. Introduce Ordinance updating the City's sewer use provisions.
18. RECEIVE MONTHLY BUDGET UPDATE; MARCH 2024 FINANCIAL AND INVESTMENT REPORTS; AND CITY MANAGER AUTHORITY REPORT
Recommendation:
Accept and file report.
PROPOSED FUTURE COUNCIL INITIATED AGENDA ITEMS
19. 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. Appointing versus electing the City Treasurer; and
2. Creating term limits for the City Treasurer; and
3. A policy to prevent the City Council from taking positions on foreign or international events; and
4. A disturbance policy for City Council meetings.
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.
April 24, 2024
10 CLOSED SESSION
Conference with Legal Counsel – Existing Litigation (§ 54956.9) City of Morgan Hill v. Rocke and Glenda Garcia et al. (Santa Clara County Case No. 21CV385524
Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to § 54956.9(b): (one case)
OPPORTUNITY FOR PUBLIC COMMENT
ADJOURN TO CLOSED SESSION
ADJOURNMENT
April 24, 2024
11 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].
April 24, 2024
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