Morgan Hill City Council
May 15, 2024

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, May 15, 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

May 15, 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 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 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)

May 15, 2024
3 OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

REGULAR MEETING
6:00 pm

RECOGNITIONS
Recognizing Michael Greymont for his volunteer work for the Morgan Hill Aquatics Center

PROCLAMATIONS
Proclaiming May 15, 2024 as Peace Officers Memorial Day and the week of May 12 - 19, 2024 as National Police Week
Proclaiming the week of May 19 - 25, 2024 as National Public Works Week Proclaiming the month of May 2024 as Affordable Housing Month Proclaiming the month of May 2024 as Wildfire Awareness Month Proclaiming the month of May 2024 as Foster Care/Resource Parent Month

PRESENTATIONS
YAC Presentation

CITY COUNCIL REPORTS
Council Member Spring

May 15, 2024
4 CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

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

ADOPTION OF AGENDA

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

1. ACCEPTANCE OF FISHER BASIN EXPANSION PROJECT IN THE AMOUNT OF $2,488,052
Recommendation:

1. Accept as complete the Fisher Basin Expansion Project;

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

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

2. ADOPT 2024 WASTEWATER COLLECTION SYSTEM MASTER PLAN UPDATE Recommendation:

Adopt the 2024 Wastewater Collection System Master Plan Update.

May 15, 2024
5 3. ADOPT MITIGATED NEGATIVE DECLARATION FOR THE EAST DUNNE

AVENUE HILLSIDE WATER RESERVOIR PROJECT
Recommendation:

1. Adopt and certify the project Mitigated Negative Declaration;

2. Approve the Mitigation Monitoring and Reporting Program; and

3. Authorize the City Clerk to file the Mitigated Negative Declaration with the County Recorder's Office.

4. ADOPT ORDINANCE 2354, NEW SERIES, REPEALING AND REPLACING CHAPTER 5.32 (MASSAGE ESTABLISHMENTS AND MASSAGE
PROFESSIONALS PERMIT REQUIREMENTS) OF TITLE 5 (BUSINESS

LICENSES GENERALLY) TO ESTABLISH A PERMITTING PROCEDURE

FOR MASSAGE THERAPY ESTABLISHMENTS AND SERVICES
Recommendation:

Waive the reading, adopt Ordinance No. 2354, 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.

5. ADOPT ORDINANCE 2355, NEW SERIES, AMENDING SECTION 13.20.030 (DEFINITIONS) AND SECTION 13.20.090 (SPECIFIC POLLUTANT LIMITATIONS) OF CHAPTER 13.20 (SEWERS AND INDUSTRIAL WASTE) OF TITLE 13 (PUBLIC SERVICES), TO REGULATE SEWER USE AND SET

UNIFORM REQUIREMENTS FOR DISCHARGES INTO THE WASTEWATER

COLLECTION AND TREATMENT SYSTEM
Recommendation:

Waive the reading, adopt Ordinance No. 2355, 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.

6. ADOPT RESOLUTION APPROVING FY 2024-25 LIST OF STREET REHABILITATION PROJECTS FUNDED BY SENATE BILL (SB) 1: THE

ROAD REPAIR AND ACCOUNTABILITY ACT
Recommendation:

Adopt a resolution approving a list of street rehabilitation projects for Fiscal Year 2024-25 funded by SB1, the Road Repair and Accountability Act of 2017.

7. APPROVE THE APRIL 24, 2024 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

8. APPROVE THE FIRST AMENDMENT TO THE AGREEMENT WITH THE

COUNTY OF SANTA CLARA FOR EMERGENCY MEDICAL DISPATCHING

SERVICES

May 15, 2024
6 Recommendation:

1. Authorize the City Manager to enter into a one-year amendment to the agreement with the County of Santa Clara for Emergency Medical Dispatch Services for $73,260 with an option to extend for an additional three years, subject to budget appropriation and approval as to form by the City Attorney; and

2. Authorize the City Manager to execute all future agreements with the County of Santa Clara to ensure continued medical dispatch services for our Community.

9. APPROVE THE SECOND AMENDMENT TO PROFESSIONAL SERVICE

AGREEMENT WITH ASSOCIATED ENGINEERING-SURVEYING SERVICE, INC., DBA HANNA-BRUNETTI, FOR ON-CALL MAP REVIEW AND CITY

SURVEYOR SERVICES FOR LAND DEVELOPMENT ENGINEERING
Recommendation:

1. Approve the Second Amendment to the professional service agreement with Hanna-Brunetti for On-Call Map Review and City Surveyor Services for Land Development Engineering to add $40,000 to the contract amount for a total not-to-exceed amount of $100,000 with the term of the agreement unchanged; and

2. Authorize the City Manager to execute the Second Amendment.

10. AWARD 2024 PAVEMENT REHABILITATION PROJECT TO A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION IN THE AMOUNT OF
$3,437,968
Recommendation:

1. Approve 2024 Pavement Rehabilitation plans and specifications;

2. Award contract to A. Teichert & Son, Inc. DBA Teichert Construction for the 2024 Pavement Rehabilitation Project in the amount of $3,437,968;

3. Authorize the expenditure of construction contingency not to exceed $343,797; and

4. Authorize the City Manager to execute and administer the construction contract with A. Teichert & Son, Inc. DBA Teichert Construction.

11. AWARD 2024 SEAL COAT & STRIPING PROJECT TO DRYCO
CONSTRUCTION, INC. IN THE AMOUNT OF $77,241
Recommendation:

1. Award contract to DRYCO Construction, Inc. in the amount of $77,241;

May 15, 2024
7 2. Authorize the expenditure of contingency funds not to exceed $7,724; and

3. Authorize City Manager to execute and administer the construction contract with DRYCO Construction, Inc.

12. AWARD ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICE

AGREEMENTS
Recommendation:

1. Award maintenance service agreements to MJR Electric, Inc. and One Day Installation & Repairs, Inc. for up to $100,000 each for on-call electrical maintenance and repair services; and

2. Authorize the City Manager to execute and administer the agreements.

13. RATIFY CITY POSITION ON PENDING LEGISLATION, ASSEMBLY BILL 3035 (PELLERIN) AGRICULTURAL EMPLOYEE HOUSING: STREAMLINED MINISTERIAL APPROVAL: COUNTIES OF SANTA CLARA AND SANTA CRUZ
Recommendation:

Ratify the City’s support position on pending legislation, Assembly Bill 3035 (Pellerin) Agricultural employee housing: streamlined ministerial approval:

Counties of Santa Clara and Santa Cruz.

PUBLIC HEARINGS

14. CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION TO ESTABLISH OLD MONTEREY ROAD UNDERGROUND UTILITIES DISTRICT NO. 1 – OLD

MONTEREY ROAD FROM LLAGAS ROAD TO MONTEREY ROAD
Recommendation:

1. Open/Close Public Hearing;

2. Adopt Resolution Establishing Old Monterey Road Underground Utilities District No. 1 - Old Monterey Road from Llagas Road to Monterey Road; and

3. Direct the City Clerk to notify all affected utilities and all persons owning real property within ten (10) days after the date of the adoption of the resolution.

OTHER BUSINESS

May 15, 2024
8 15. PROVIDE INPUT ON TRANSPORTATION MASTER PLAN GOALS AND

ADOPT SPEED LIMITS IN ACCORDANCE WITH UPDATED ENGINEERING

AND TRAFFIC SURVEY
Recommendation:

1. Provide input and direction on Transportation Master Plan Goals and Priorities;

2. Repeal Resolution No. 15-223 based on 2015 Engineering and Traffic Survey; and

3. Adopt Resolution establishing speed limits on City Streets.

16. APPROVE SOUTH COUNTY RECYCLED WATER DISTRIBUTION MASTER PLAN
Recommendation:

Review and approve final draft of the South County Recycled Water Distribution Master Plan.

17. INTRODUCE THE RECOMMENDED FY 2024-25 AND FY 2025-26 BIENNIAL OPERATING AND FY 2024-25 THROUGH FY 2029-30 CAPITAL

IMPROVEMENT PROGRAM BUDGETS
Recommendation:

Receive the Introduction to the Recommended Budget Presentation.

18. PROVIDE DIRECTION REGARDING REMOTE PUBLIC COMMENTS AT CITY

COUNCIL MEETINGS
Recommendation:

Provide direction to staff regarding the allowance of remote public comment on Zoom.

19. PROVIDE DIRECTION REGARDING OPTIONS FOR PUBLIC ART FUNDING Recommendation:

Receive report and provide direction on policy for public art funding.

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 15, 2024
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 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].

May 15, 2024
10

1 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager

ACCEPTANCE OF FISHER BASIN EXPANSION PROJECT IN THE
AMOUNT OF $2,488,052

RECOMMENDATION(S)

1. Accept as complete the Fisher Basin Expansion Project;

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

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

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Storm Drain Master Plan
REPORT NARRATIVE:

On June 7, 2023, the Fisher Basin Expansion Project was awarded to Galeb Paving, Inc. in the amount of $2,568,800 with a construction contingency of $385,320. The project scope of work includes the excavation, offhauling, and grading of the Fisher Basin (approximately 44,000 Cubic Yards) along with the construction of a 12-foot wide access road and rock rip-rap outfall at multiple locations on site. The completion of this project resulted in additional storm water storage capacity and helped the overall system in reducing flooding in the area (Attachment 1 for Vicinity Map).

The project began on October 4, 2023, and was substantially completed by February 2024. While the project presented challenges with wet conditions and continual storm water flow into the project site throughout the project, staff and contractor were able to collaborate and complete the project within the project's time frame. One deductive change order was authorized and approved in the amount of $80,748 (Attachment 2).

This net credit change order included additional costs relating to dewatering and wet

1 soil conditions during construction and deduct on a bid line item for excavation and offhauling. The final construction contract with Galeb Paving, Inc. is $2,488,052.

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

COMMUNITY ENGAGEMENT:

Inform
Staff provided regular updated construction information weekly through Nextdoor and onto the City website.

ALTERNATIVE ACTIONS:

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

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• On September 6, 2018, the City Council adopted the 2018 Storm Drain Master Plan.
• On June 15, 2022, the City Council adopted the FY2022-23 through 2027-28 Capital Improvement Program Project Budget.
• On June 7, 2023, the City Council awarded Fisher Basin Expansion Project to Galeb Paving, Inc. in the amount of $2,568,800.

FISCAL AND RESOURCE IMPACT:

The final contract amount for the Fisher Basin Expansion Project is $2,488,052.31 (including one deductive change order in the amount of $80,747.69). The project was awarded to Galeb Paving, Inc. in the amount of $2,568,800 with a contingency of $385,320 (Total $2,954,120). The project is funded in the adopted Capital Improvement Program budget, Project 415020, Fisher Basin Expansion Project, under the Local Drainage Impact Storm Drainage Fund (303). The balance of $466,067.69 will be returned to the Local Drainage Impact Storm Drainage Fund (303).

CEQA (California Environmental Quality Act):

Mitigated Negative Declaration
A Mitigated Negative Declaration for this project was approved in November 2021 in accordance with CEQA. Mitigation measures are imposed upon the project to reduce potential impacts to a less than significant level.

1

County of Santa Clara, Sanborn
Engineering and Utilities Department
CIP Engineering Division

FISHER BASIN

EXPANSION PROJECT
Document Path: G:\R-14\PROJ\Agustin\GIS\Fisher Basin Expansion Project.mxd O
0 380 760 1,140 1,520 190
Feet

MONTEREY RD
BUTTERFIELD BLVD.

COCHRANE RD
Fisher Basin
Expansion Project

OLD MONTEREY RD

MONTEREY RD

JARVIS DR

SUTTER BLVD
BUTTERFIELD BLVD.

CIP Contract Acceptance
Funding Closeout Statement
Project: Fisher Basin Expansion Project
Project No: 415020
Date of Project
Award: 7-Jun-23 Project AwardAmount:

Funding Source: F303
Contingency
Authorized:

Date of Project
Acceptance: 15-May-24 Total Authorized:

Actual Base
Contract Spent:

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

Wet Vegetation, Premium Saturday Work,
DeWatering, Pump and Hose Purchase, Bond
Premium, Overage/Underage to Contract Items
17-Jan-24 N
Total C.O.:

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

Construction Fund Balance: $466,067.69

$2,568,800
$385,320
$2,954,120
$2,568,800
-$80,747.69
-$80,747.69
$2,488,052.31

Recording Requested By:

The City of Morgan Hill
When Recorded Mail To:
_____________________ <name, title>
_____________________ <street address>
_____________________ <city, state and zip>

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

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

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Morgan Hill (“City”)

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

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

XX Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows:

Excavate and Haul off approximately 44,000 CYS and Grading of Fisher Basin.

6. The name of the original Contractor for the Project is: Galeb Paving, Inc.

7. The Project was accepted as complete on: May 15, 2024

8. The Project is located at: APN 726-25-028
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Signature Date
Scott Creer, City Engineer

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 920

2 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

James Sylvain, Deputy Director Utility Services
APPROVED BY: City Manager
ADOPT 2024 WASTEWATER COLLECTION SYSTEM MASTER PLAN UPDATE

RECOMMENDATION(S)
Adopt the 2024 Wastewater Collection System Master Plan Update.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Upon the completion of the 2035 General Plan in 2016, the City’s utilities master plans were updated to reflect the infrastructure that needs to be associated with the growth anticipated in the General Plan. The Wastewater Collection Master Plan was included in this effort and completed in 2017. In keeping with industry best practices, master plans are updated regularly. The 2024 Wastewater Collection Master Plan Update has been developed by planning consultant, Akel Engineering, in coordination with City staff and is now ready for City Council review.

The 2024 Wastewater Collection System Master Plan Update is available for download here:
https://www.morganhill.ca.gov/DocumentCenter/View/48724/MH_WCSMP_FINAL_042324 Utilities master plans are the City’s blueprint for building wastewater, sewer, and storm drain infrastructure to meet the community’s needs now and as the city grows. In the case of the 2024 Wastewater Collection System Master Plan Update, the growth horizon is 2035. In addition to identifying future infrastructure, the Plan also identifies existing system deficiencies to allow the city to plan for the resources necessary for both maintaining the existing systems and to build out the future infrastructure.

2 Developing the Master Plan Update:

The 2024 Plan Update includes the following objectives:
• Summarize the City’s existing wastewater collection system facilities. • Document growth assumptions based on the City’s 2035 General Plan. • Summarize the wastewater collection system performance and design criteria. • Project future wastewater flows for the General Plan horizon. • Develop a Geographic Information Systems (GIS)-based hydraulic model of the City’s wastewater collection system.
• Complete a Flow Monitoring Program to collect data from 11 strategic sites and calibrate the hydraulic model.
• Evaluate system capacity under existing and future flow conditions. • Identify capacity improvements needed to maintain the target level of service. • Document the City’s Rehabilitation and Replacement (R&R) Program improvements.
• Recommend a Capital Improvement Program with an opinion of probable construction costs.
• Prepare a 2024 Wastewater Collection System Master Plan Update Report Recommendations in the Wastewater Master Plan:

The Wastewater Collection System Master Plan Update provides for a comprehensive list of miscellaneous and replacement work, new pipeline size increases for capacity, and wastewater trunk improvements. Starting with an evaluation of the existing wastewater system and using sensors citywide to measure wastewater flows and trends, the study provides an assessment of how well existing needs are being met. The report documents the City’s performance and design criteria for evaluating the domestic wastewater system. The system performance and design criteria are used to establish guidelines for determining future wastewater demands and the sizing of future facilities. Future needs are based on the growth identified in the General Plan build-out.

The total capital costs projected in the Updated Wastewater Master Plan are $138.1 million with approximately 42% of that amount paid for by future users. The remainder is to be paid for by existing rate payers. Included in the Plan is a variety of wastewater improvements citywide, such as: Hydraulic Capacity Improvements, Rehabilitation and Miscellaneous Improvements, and Existing Joint Trunk Improvements.

Factors used for future flows:

Future wastewater flows were projected based on land uses in the City’s 2035 General Plan and unit flow factors developed through calibration. Additionally, the Plan reviewed existing changes in land use and known likely changes in land used based on the City's most recent planning data. This land-use based approach accounts for urbanization of undeveloped land as well as re-development or intensification in specific growth areas. For future wet weather conditions, the volume of Inflow and Infiltration (I&I) entering the collection system was decreased by 20 percent to account for the City’s planned R&R improvements. Future wastewater flow projections are documented and estimated as follows:

2 • Average Dry Weather Flow (ADWF) of 4.3 million gallons per day (mgd) • Peak Dry Weather Flow (PDWF) of 7.3 million gallons per day (mgd) • Peak Wet Weather Flow (PWWF) of 15.2 million gallons per day (mgd) COMMUNITY ENGAGEMENT:

The Plan Update was prepared as an update to the 2017 Plan, which had amendments made at the staff level in 2019 and 2022, which will formally be incorporated into the 2024 Plan Update. For the last 15 days, the Plan has been posted on the City’s website for the Community’s review and comment ahead of the City Council meeting.

ALTERNATIVE ACTIONS:

The Wastewater Collection System Master Plan is critical to the future build-out of infrastructure in support of the Community’s growth. No alternative action is proposed due to the importance of having this utility Master Plan adopted.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council reviewed the growth assumptions and recommendations of the General Plan 2035 on numerous occasions in previous years. Those efforts led to the assumptions and findings for the 2017 wastewater collection system master plan and for this 2024 wastewater collection system master plan update.

FISCAL AND RESOURCE IMPACT:

Adoption of the Wastewater Collection Master Plan Update has an indirect fiscal impact.

The recommendations contained in the Plan will be used to guide future Capital Improvement Program (CIP) spending plans. However, costs to ratepayers and potential impact fees will be reviewed in a formal rate study. When the rate study comes forward, the Council will be able to provide direction on the timing of projects to be implemented as well as financing options that may be required to fund improvements without too significantly increasing rates.

CEQA (California Environmental Quality Act):

The proposed 2024 Wastewater Collection System Master Plan (WSMP) is consistent with the development assumptions in the General Plan 2035. On July 27, 2016, the Morgan Hill City Council adopted Resolution No. 16-127, certifying the Final EIR for the Morgan Hill 2035 General Plan consistent with the requirements of the California Environmental Quality Act (CEQA) and adopting a Statement of Overriding Considerations regarding environmental impacts and a related Mitigation Monitoring and Reporting Program (MMRP).

2024 Wastewater Collection System Master
Plan Update (WCSMP)
Presentation
May 15th, 2024

Presentation Overview
2024 WCSMP. What is it? Why and how often do
we need one?
The City’s wastewater infrastructure overview
(Hydraulic improvement areas and flow
conditions)
Capital Improvement Program (CIP) - allocation of
costs
Questions

2024 Wastewater System Master Plan
• Who: Wastewater service providers of all sizes, public or private look periodically at their infrastructure and plan accordingly. • What: An assessment of our wastewater infrastructure for capacity adequacy of the existing system and for recommending
improvements to mitigate current deficiencies, as well as for servicing future growth.
• Why: This tool helps plan, phase, and develop capital improvement program (CIP) with opinion of probable construction and allocation of costs.
• When: The best management practices is to update the WCSMP regularly (MH last WCSMP was in 2017 with amendments in 2019 & 2022).

The 2024 WCSMP Update complies with best management practices

Overview of Existing Wastewater Infrastructure
• Wastewater Infrastructure
• 159 Miles of Gravity Pipes
• 3 Miles of Force Mains
• 2 Miles of Siphons
• 3800 Manholes
• 14 Lift Stations
(The service area is about 12.9 square miles)

2024 Wastewater System Master Plan

2020 Water System Mater Plan

2024 Wastewater System Mater Plan

2024 Wastewater Collection System
Master Plan
QUESTIONS?

3 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

David Gittleson, Associate Engineer
APPROVED BY: City Manager

ADOPT MITIGATED NEGATIVE DECLARATION FOR THE EAST

DUNNE AVENUE HILLSIDE WATER RESERVOIR PROJECT

RECOMMENDATION(S)

1. Adopt and certify the project Mitigated Negative Declaration;

2. Approve the Mitigation Monitoring and Reporting Program; and

3. Authorize the City Clerk to file the Mitigated Negative Declaration with the County Recorder's Office.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Water System Master Plan
REPORT NARRATIVE:

The East Dunne Hillside Water Reservoir Project is included in the Water Master Plan and the FY 22/24 Capital Improvement Program. The East Dunne Hillside Water Reservoir Project (proposed project) would include the construction of an 850,000- gallon above-ground welded steel water supply reservoir and a future pump station, as well as a 15-foot-wide perimeter access strip encircling the water reservoir, an underground bio-filtration vault with rock-armored outfall, and landscaping to filter views of the reservoir. In addition, the project would include the replacement of two existing pumps currently in use at the East Dunne Booster Station at 2375 East Dunne Avenue with larger electric pumps. The project will be located adjacent to East Dunne Avenue on the hillside (Attachment 3).

The East Dunne Hillside Reservoir design was initially approved by City Council in January 2016. A Draft Initial Study was also completed by Geier & Geier Consulting in

3 November 2016. The project reached completion in December 2018. However, staffing levels and funding to construct the project were not in place, so the project was put on hold. Since that time, the City was awarded a $4 million grant from the State Department of Water Resources to support the project. On June 7, 2023, City Council approved a contract to complete the project by updating the Plans/Specifications to current standards and regulations. In addition, Raney Planning & Management was hired to review and update the 2016 Initial Study as Geier & Geier were no longer in business.

The updated Initial Study was completed by Raney Planning & Management in March 2024 with a Mitigated Negative Declaration finding. During the 30-day public review period, the City only received comments from the Department of Fish and Wildlife. Their comments did not alter the study's findings, but were implemented into the final Mitigated Negative Declaration and final Mitigation Monitoring and Reporting Program.

The City then posted a Notice of Intent to Adopt the Initial Study/Mitigated Negative Declaration on May 3, 2024, which stated that based upon the conclusions set forth in the Initial Study, the CEQA Lead Agency finds that the proposed Project, which includes measures and mitigation designed to minimize environmental impacts, would not result in significant adverse effects on the environment (Attachment 1). The CEQA Lead Agency has prepared this Notice of Intent pursuant to 14 CCR Section 15072.

Subsequently, a Mitigation Monitoring and Reporting Plan (Attachment 2) was prepared and posted on the City's website.

The construction plans were completed in April 2024 and the project is forecast to be under construction in July 2024. Thus, staff recommends that City Council adopt and certify the Mitigation Negative Declaration and approve the Mitigation Monitoring and Reporting Program so that the construction can move forward this summer.

COMMUNITY ENGAGEMENT:

Inform:

Staff has provided presentations regarding the project to the communities of Jackson Oaks and Holiday Lake Estates multiple times since 2015, but most recently on January 30, 2024. The presentations provide design elements and updates on the status of the project. Staff will continue community engagement for the new water reservoir as the design plans are completed.

ALTERNATIVE ACTIONS:

City Council could decide not to adopt and certify the Mitigated Negative Declaration if the report is deemed deficient in some way. However, doing so will delay the construction of the project.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On January 20, 2016, City Council approved a Professional Service Agreement with Kennedy Jenks Consultants to design the East Dunne Avenue Reservoir project for $390,278.

3 On August 24, 2016, City Council approved a Second Amendment with Kennedy Jenks Consultants for a total contract price of $526,074.

On June 7, 2023, City Council approved 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.

FISCAL AND RESOURCE IMPACT:

Fiscal:

No fiscal impacts
CEQA (California Environmental Quality Act):

Project:

An Initial Study (IS) and Mitigated Negative Declaration was updated by Raney Planning & Management to identify and mitigate all environmental impacts from the project. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan are attached for Council's review and approval. If approved, the Mitigated Negative Declaration will be filed with the County Recorder's Office and construction will move forward.

City of Morgan Hill Page 1
East Dunne Hillside Water Reservoir Project March 2024

PLANNING DIVISION
17575 Peak Avenue Morgan Hill CA 95037 (408) 778-6480 Fax (408) 779-7236 Website Address: www.morgan-hill.ca.gov

MITIGATED NEGATIVE DECLARATION
I. DESCRIPTION OF PROJECT:

Date: March 14, 2024
APNs: 729-09-001 and 728-1-003
Project Title: East Dunne Hillside Water Reservoir Project Project Location: 3000 East Dunne Avenue, 220 feet northeast of Flaming Oak Lane Intersection 2375 East Dunne Avenue
Morgan Hill, CA 95037
Project Proponent: City of Morgan Hill Public Works Department 17575 Peak Avenue
Morgan Hill, CA 95037
Project Description: The proposed project consists of the construction of an 850,000-gallon above-ground welded steel water supply reservoir and a future pump station, as well as a 15-foot-wide perimeter access strip encircling the water reservoir, an underground biofiltration vault with rock-armored outfall, and landscaping to filter views of the reservoir. In addition, the project would include the replacement of two existing pumps currently in use at the East Dunne Booster Station at 2375 East Dunne Avenue with larger electric pumps.

II. DETERMINATION
In accordance with the City of Morgan Hill procedures for compliance with the California Environmental Quality Act (CEQA), the City has completed an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. On the basis of that study, the City makes the following determination:
• Although the project, as proposed, could have had a significant effect on the environment, there will not be a significant effect in this case because mitigation measures will be included in the project, and, therefore, this MITIGATED NEGATIVE DECLARATION has been prepared.

City of Morgan Hill Page 2
East Dunne Hillside Water Reservoir Project March 2024
III. MITIGATION AND AVOIDANCE MEASURES
A. Biological Resources
MM-BIO-1: Special-Status and Migratory Bird Species
The following avoidance measures shall be required to avoid the project’s potential effects on Swainson’s hawk, grasshopper sparrow, golden eagle, white- tailed kite, or any other specialstatus or migratory bird species. a. If land clearing and grading are to be conducted outside of the breeding season (i.e., September 1 through January 31), a preconstruction survey for nesting migratory birds is not warranted.
b. If land clearing and grading are to be conducted during the breeding season (i.e., February 1 through August 31), a preconstruction nesting bird survey shall be conducted. The survey shall be performed by a qualified biologist no more than seven days prior to the initiation of work. If no nesting or breeding activity is observed, work may proceed without restrictions. To the extent allowed by access, all active nests identified within 76 m (250 ft) for raptors and 15 m (50 ft) for passerines shall be mapped.
c. For any active nests found near the construction limits (76 m [250 ft] for raptors and 15 m [50 ft] for passerines) the Project Biologist shall make a determination as to whether or not construction activities are likely to disrupt reproductive behavior. If it is determined that construction is unlikely to disrupt breeding behavior, construction may proceed. If it is determined that construction may disrupt breeding, the noconstruction buffer zone shall be expanded; avoidance is the only mitigation available.

The ultimate size of the no-construction buffer zone may be adjusted by the Project Biologist based on the species involved, topography, lines of site between the work area and the nest, physical barriers, and the ambient level of human activity. d. If it is determined that construction activities are likely to disrupt raptor breeding, construction activities within the no-construction buffer zone may not proceed until the project biologist determines that the nest is long longer occupied. e. If maintenance of a no-construction buffer zone is not feasible, the Project Biologist shall monitor the nest(s) to document breeding and rearing behavior of the adult birds. If it is determined that construction-related activities are likely to cause nest abandonment, work shall cease immediately and the CDFW shall be contacted for guidance. Work may not resume until an agreement has been reached with the authorities specifying the conditions under which work may proceed.

MM-BIO-2: Crotch’s Bumble Bee
Prior to commencement of construction activities, a habitat assessment shall be conducted by a qualified entomologist knowledgeable with the life history and ecological requirements of Crotch’s bumble bee and submitted to the City of Morgan Hill Development Services Department for review.

The habitat assessment shall include all suitable nesting, overwintering, and foraging habitats within the Project area and surrounding areas. Potential nest habitat (February through October) could include that of other Bombus species such as bare ground, thatched grasses, abandoned rodent burrows or bird nests, brush piles, rock piles, and fallen logs. Overwintering habitat (November through January) could include that of other Bombus species such as soft and disturbed soil or under leaf litter or other debris. The habitat assessment shall be conducted during peak bloom period for floral resources on which Crotch’s bumble bees feed. Further guidance on habitat surveys can be found within Survey Considerations for California Endangered Species Act (CESA) Candidate Bumble Bee Species.

If Crotch’s bumble bee habitat is present within the project area, a pre-construction survey shall be conducted by a qualified entomologist familiar with the behavior and life history of Crotch’s bumble bees and submitted to the City of Morgan Hill Development Services Department. If CESA candidate bumble bees will be captured or handled, surveyors should obtain a 2081(a) Memorandum of Understanding from CDFW.

City of Morgan Hill Page 3
East Dunne Hillside Water Reservoir Project March 2024
III. FINDING
The City of Morgan Hill hereby finds that the proposed project could have a significant effect on the environment; however, there would not be a significant effect in this case because mitigation measures summarized above and described in the initial study will reduce the impacts to a less-than-significant level.

David Gittleson, Associate Engineer
____4-29-2024__ Date
B. Geology and Soils
MM-GEO-1: Erosion and
Landslide Hazards
Prior to grading permit issuance, the applicant shall submit a final design-level geotechnical report of the project site that provides final design recommendations for tank foundation and surface drainage controls to ensure slope stability hazards are minimized. The geotechnical report shall be reviewed and approved by the City Engineer, Chief Building Official, and a qualified Geotechnical Engineer to ensure that all geotechnical recommendations specified in the geotechnical report are properly incorporated and utilized in the project design in order to adhere to all geotechnical requirements contained in the California Building Code.

Surveys shall be conducted during the colony active period (i.e., April through August) and when floral resources are in peak bloom. Bumble bees move nest sites each year, therefore, surveys shall be conducted each year that project work activities will occur. Further guidance on presence surveys can be found within the Survey Considerations for CESA Candidate Bumble Bee Species, referenced above.

If Crotch’s bumble bees are detected during pre-construction surveys, a Crotch’s bumble bee avoidance plan shall be developed and provided to City of Morgan Hill Development Services Department and CDFW for review prior to work activities involving ground disturbance or vegetation removal.

MM-BIO-3: American Badger
A qualified biologist shall conduct focused den surveys (e.g., walking line transect surveys) within the project area and within a 250-foot radius surrounding the work area, to the maximum extent feasible, at least 14 days prior to the start of construction activities, as well as daily prior to beginning the ground-disturbing work for the day. The focused den surveys shall be submitted to the City of Morgan Hill Development Services Department for review.

If American badger dens are observed at the project site, and the construction activities for the proposed project are to occur during the gestation and pup-rearing period (i.e., February 15 through July 1), a buffer of 250 feet shall be established around the den complex and construction activities shall not occur within the 250-foot buffer. A qualified biologist shall monitor the observed den(s) to detect when young American badgers are nearing independence (e.g., can be observed emerging from den opening or are located outside of the den) and disperse.

After the gestation and pup-rearing period for the American badger, a qualified biologist shall conduct focused surveys to determine if the American badger den is active (e.g., burrow scoping, camera stations, track plates, observation of new signs such as tracks, claw marks, or fur). If it is determined that the American badger den is active, and it is not feasible to establish an avoidance buffer surrounding the active den, an American Badger Mitigation Plan shall be developed and submitted to the City of Morgan Hill Development Services Department and CDFW. Any American badger habitat permanently lost shall be compensated at a suitable offsite location at a minimum 1:1 replacement ratio with the same or greater quality habitat.

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4 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE 2354, NEW SERIES, REPEALING AND
REPLACING CHAPTER 5.32 (MASSAGE ESTABLISHMENTS AND
MASSAGE PROFESSIONALS PERMIT REQUIREMENTS) OF TITLE 5
(BUSINESS LICENSES GENERALLY) TO ESTABLISH A PERMITTING

PROCEDURE FOR MASSAGE THERAPY ESTABLISHMENTS AND

SERVICES

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2354, 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.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Preserving and Cultivating Public Trust
Guiding Documents
Economic Blueprint
Public Safety Master Plan
REPORT NARRATIVE:

On April 24, 2024, the City Council introduced Ordinance No. 2354 New Series, by the following roll call vote: AYES: Borgioli, Librers, Spring, Turner NOES: None; ABSTAIN:

None; ABSENT: Martinez Beltran.

Background
The City of Morgan Hill has seen a significant increase in the number of massage businesses within the City. In 2022, the City received complaints related to illegal activity occurring at certain massage establishments in Morgan Hill. Over the last year, the Police Department, Code Compliance, and the Economic Development Department have been working with the City Attorney's Office to evaluate best practices to improve the permitting and regulation of massage establishments in the City of Morgan Hill. To support better oversight of massage establishments, staff recommends the repeal and replacement of Chapter 5.32 (Massage Establishments and Massage Professionals

4 Permit Requirements) of Title V (Business Licenses Generally) to establish a permitting procedure for massage therapy establishments and services. The proposed changes will establish new permitting guidelines aligned with the California Massage Council and will help the City combat prostitution, human trafficking, and other illegal activity.

COMMUNITY ENGAGEMENT:

Inform
On March 20, 2024, the Economic Development team emailed all existing massage establishment owners and shopping center property owners who have an existing massage establishment located within their property. The communication included a copy of the new administrative policy, the proposed new regulations that may go into effect July 1, 2024, and a copy of the new massage establishment permit application.

On Monday, March 25, 2024, a hard copy of the notice and corresponding documents was also sent via US Mail to the addresses of all existing massage establishments and the property tax assessment addresses of all property owners where a massage establishment is currently operating.

On March 7, 2024, and on April 4, 2024, City Manager Christina Turner included this topic in her City Manager update at the Morgan Hill Chamber Breakfast.

On April 12 and April 19, 2024, information on the proposed ordinance update was included in the City 411 communication.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On December 5, 2018, the City Council adopted the Massage Establishment Fees.

FISCAL AND RESOURCE IMPACT:

Costs of the permitting and inspection are covered in the initial permit application and renewal fees. These fees are updated every year on July 1st.

CEQA (California Environmental Quality Act):

Not a Project - This is a regulatory action that will not have any foreseeable impact on the environment.

ORDINANCE NO. 2354, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
REPEALING AND REPLACING CHAPTER 5.32 (MASSAGE

ESTABLISHMENTS AND MASSAGE PROFESSIONALS
PERMIT REQUIREMENTS) OF TITLE 5 (BUSINESS

LICENSES GENERALLY) TO ESTABLISH A PERMITTING

PROCEDURE FOR MASSAGE THERAPY

ESTABLISHMENTS AND SERVICES

THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 5.32 (Massage Establishments) of Title 5 (Business Licenses Generally) is hereby repealed in its entirety.

Section 2. Chapter 5.32 (Massage Establishments and Massage Professionals Permit Requirements) of Title 5 (Business Licenses Generally) is hereby added as follows:

Chapter 5.32. MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS

PERMIT REQUIREMENTS

5.32.010. Purpose and intent.

In enacting this chapter, the City Council recognizes that massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services, but that unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for human trafficking, prostitution, and related activities in violation of state law, all in the interests of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses.

It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the Legislature in 2008 as Business and Professions Code Sections 4600 et seq., known as the Massage Therapy Act, as subsequently amended, and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.

5.32.020. Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings that are given them in this section:

City of Morgan Hill
Ordinance No. 2354, New Series

(a) “Authorized massage professional” means a massage professional who is identified in a permit issued pursuant to this chapter as a person employed or retained by a massage establishment to practice massage. (b) “California Massage Therapy Council” or “CAMTC” means the massage therapy organization formed pursuant to Business and Professions Code Section 4600 et seq.
(c) “CAMTC-certified massage professional” means any individual currently certified by the California Massage Therapy Council as a massage therapist or massage practitioner pursuant to Business and Professions Code Section 4600 et seq.
(d) “City Manager” means the city manager of the City of Morgan Hill or his or her designee.
(e) “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. (f) “Employee” means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business, including but not limited to an independent contractor. (g) “Inspector” means the person or persons designated by the city to conduct any inspections required or permitted under this chapter.
(h) “Massage,” “massage therapy,” and/or “bodywork” for purposes of this chapter mean the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation.
(i) “Massage establishment” means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Homebased massage businesses and businesses that provide outcall massage services are also considered to be massage establishments. For purposes of this chapter, the term “massage establishment” may be applied to include establishments which offer or advertise themselves as providing “relaxation” or “tanning” where the essential nature of the interaction between the employee and the customer involves “massage” as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business.

City of Morgan Hill
Ordinance No. 2354, New Series

(j) “Massage establishment permit” means a permit to operate a “Massage establishment” as provided in this Chapter.
(k) “Operator” or “massage establishment operator” means any person who is an owner or manager of a massage establishment.
(l) “Outcall massage service” means the engaging in or carrying on of massage therapy for compensation at locations other than a massage establishment at a fixed location.
(m) “Owner” or “massage establishment owner” means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage establishment.
(2) Any general partner of a general or limited partnership that owns a massage establishment.
(3) Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.
(4) Any person who is a member of a limited liability company that owns a massage establishment.
(5) All owners of any other type of business association that owns a massage establishment.
(n) “Patron” means an individual on the premises of a massage establishment for the purpose of receiving massage therapy.
(o) “Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals. (p) “Police Chief” means the chief of police of the City of Morgan Hill or his or her designee charged with the administration of this chapter. (q) “Reception and waiting area” means an area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons or visitors of the massage establishment and which is not a massage therapy room or otherwise used for the provision of massage therapy services. (r) “Sole proprietorship” means a massage establishment where the owner owns one hundred percent of the business and has one or no other employees or independent contractors.

City of Morgan Hill
Ordinance No. 2354, New Series

(s) “Visitor” means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.

5.32.030. Business license required.

The requirements of this chapter are in addition to any business license and business license tax requirements imposed pursuant to Chapter 5.04 of this code.

5.32.040. Other permits and authorizations required.

The requirements of this chapter are in addition to any permits or authorizations that may be required under other applicable laws including but not limited to the city’s building, fire, zoning, and health regulations.

5.32.050. Exemptions.

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, acupuncturists or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.
(b) Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city. (c) Barbers, estheticians, and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses.
(d) Individuals administering massages or health treatments involving massage to persons participating in single-occurrence athletic, recreational, or educational events such as road races, track meets, triathlons, educational events, or conferences, provided that the event is open to the public or to a significant segment of the public such as employees of sponsoring or participating corporations, and the massage services are provided at the site of the event during, immediately preceding, or immediately following the event.

City of Morgan Hill
Ordinance No. 2354, New Series

(e) Somatic practitioners who use no physical touch of any kind at any time in their practice.
(f) Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided that the operator of the massage establishment has first notified the Police Chief in writing of the name, residence address, and school of the students and the dates of the trainings.

5.32.060. CAMTC certification required.

It shall be unlawful for any individual to practice massage therapy for compensation within the city unless that individual is a CAMTC-certified massage professional.

5.32.080. Massage establishment permit required—Prohibited conduct. (a) It is unlawful for any person to operate a massage establishment within the city without first obtaining a massage establishment permit from the Police Department of the City of Morgan Hill.
(b) It shall be unlawful for a massage establishment operator to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is a CAMTC-certified massage professional and unless that person is identified as an authorized massage professional on the permit issued pursuant to this chapter. For purposes of this chapter, a massage establishment operator “employs or retains” a person to practice massage therapy for compensation when:
(1) That person is a directly paid employee of the massage establishment; or (2) That person’s association with a massage establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or
(3) That person receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator. (c) It is unlawful for a massage establishment to operate under any name or conduct business under any designation not specified in the massage establishment permit issued pursuant to this chapter.

City of Morgan Hill
Ordinance No. 2354, New Series

(d) It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment to a person who was not identified as an owner in the massage establishment permit application.

5.32.090. Permit application.

The owners of the massage establishment shall file an application for a permit on a form provided by the Police Chief. The application shall be accompanied by the fee established by the city’s fee schedule. Any change in ownership or location requires a new application. The application shall include the following information:
(a) The name, address, and telephone number of the massage establishment. It shall be the responsibility of each owner or operator to notify the city of any intention to rename, change management, or convey the business to another person within 7 days of the change.
(b) The name, date of birth, residence address and telephone number, and business address and telephone number of each owner of the massage establishment. (c) The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form and the state of formation. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.
(d) The name, address, and telephone number of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner’s property.

City of Morgan Hill
Ordinance No. 2354, New Series

(e) If the massage establishment will be located on a property in a residential or commercial condominium or other common interest development, the applicant shall submit a notarized statement from the homeowner’s association or condominium owner’s association acknowledging that the association has been advised that a massage establishment will be operated by the applicant and that such use of the property is allowed by the property’s covenants, codes, and restrictions.
(f) A description of the proposed massage establishment, including the type of treatments to be administered.
(g) The name and date of birth of each individual who the massage establishment employs or retains to perform massage therapy for compensation, whether on or off the massage establishment premises. It shall be the responsibility of each owner or operator to notify the city within seven days of any change in persons providing massage services and to provide copies of the state massage certification for all such persons to the city prior to such persons providing massage services.
(h) The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services.
(i) For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises, a color copy of that individual’s current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a color copy of his or her current CAMTC-issued identification card. (j) For each owner of the massage establishment who is a CAMTC-certified massage professional, a color copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a color copy of his or her current CAMTC-issued identification card. (k) For each owner of the massage establishment who is not a CAMTC-certified massage professional, the following information:
(1) Whether any owner of the massage establishment has within the five years immediately preceding the date of application been convicted of any felony in any state.
(2) Whether any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

City of Morgan Hill
Ordinance No. 2354, New Series

(3) The business, occupation, and employment history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same.
(4) One set of fingerprints to be taken at the permit authority, and any required fee for such fingerprinting shall be paid by the applicant. (l) Provide a complete massage permit history including whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial. (m) Detailed diagram showing the interior floorplan of the premises and depicting all interior rooms. It shall be the responsibility of each owner or operator to notify the city within seven days of any change to the floor plan. Building Code requirements are applicable and interior changes may require a building permit. (m) Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law.
(n) A statement that within the last five years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements.

For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

5.32.100. Permit issuance.
(a) The Police Chief shall issue a massage establishment permit if the applicant meets the requirements of this chapter and no grounds for denial exist under Section 5.32.110. The Police Chief may impose conditions on the permit consistent with this chapter and applicable law.
(b) Notice to Property Owner. If the applicant is not the record owner of the property where the massage establishment is located, the Police Chief may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The Police Chief may also

City of Morgan Hill
Ordinance No. 2354, New Series

provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit. (c) Term. A massage establishment permit issued pursuant to the terms of this chapter shall be valid for the fiscal year in which it is issued, and, unless suspended or revoked, must be renewed by the massage establishment operator annually so long as the massage establishment is operating within the city.

5.32.110. Permit denial.

The Police Chief may deny an application for a massage establishment permit on any of the following grounds:
(a) The massage establishment, as proposed by the applicant, would not comply with the requirements of this chapter.
(b) The massage establishment, as proposed by the applicant, would not comply with any applicable law, including, but not limited to the city’s building, fire, zoning, and health regulations.
(c) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit. Any omission or falsified information within the application, will result in an automatic denial.
(d) Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment. (e) Any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code. (f) Any owner of the massage establishment, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses. (g) Any owner of the massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to

City of Morgan Hill
Ordinance No. 2354, New Series

Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California. (h) Any owner of the massage establishment, within five years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22.
(i) Any owner of the massage establishment is an individual who has not attained the age of eighteen years.
(j) Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has had a permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction.
(k) Any owner of the massage establishment currently owns or operates a massage establishment in the city of Morgan Hill that is not in good standing due to the existence of uncorrected violations or unpaid fines or fees. (l) Within the last five years, the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

5.32.120. Notice of denial—Appeal.
(a) If an application for a massage establishment permit is denied, the Police Chief shall give written notice to the applicant specifying the grounds for denial. (b) The applicant may appeal the decision to deny a massage establishment permit by filing a written notice of appeal with the city manager or designee within fifteen days after deposit of the decision in the mail, specifying in detail the grounds for such appeal.
(c) The city manager or designee shall set a time and place for the hearing on the appeal not less than fifteen days after the date the appeal was received by the city manager, and shall give written notice by mail to the applicant of the date, time, and place for the hearing. The hearing shall be conducted in accordance with Section 5.32.180.

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Ordinance No. 2354, New Series

(d) After the hearing on the appeal, the city manager or designee may refer the matter back to the Police Chief for a new investigation and decision, may affirm the decision of the Police Chief, or may direct the Police Chief to issue the license.

The decision of the city manager or designee upon such appeal shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

5.32.130. Amendments to permit.
(a) Whenever the information provided in the application for a certified massage establishment on file with the city changes, the operator shall file an application, provided by the Police Chief, to amend the permit to reflect such change. An application to amend a massage establishment permit shall be made by submitting an application on a form provided by the Police Chief. The application shall be accompanied by the fee established by the city’s fee schedule. (b) The application shall not be approved unless the Police Chief determines that the terms of the amended permit comply with all requirements of this chapter and all other local, state, and federal laws, and the massage establishment has no outstanding violations or unpaid citations or fees. Inspection of the massage establishment may be required prior to approval of the amendment. (c) An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required pursuant to section

5.32.090.
(d) A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 5.32.120.

5.32.140. Requirements for all massage establishment facilities and operations. (a) Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city:
(1) No massage establishment shall be kept open for business between the hours of ten p.m. of one day and eight a.m. of the following day. A massage begun any time before ten p.m. must nevertheless terminate at ten p.m.
(2) The hours of operation of the massage establishment shall be displayed in a conspicuous public place in the reception and waiting area and in any front window clearly visible from outside of the massage establishment.

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Ordinance No. 2354, New Series

(3) Patrons and visitors shall be permitted in the massage establishment only during the hours of operation.
(4) During the hours of operation, patrons shall be permitted in massage therapy rooms only if at least one duly authorized certified massage professional is present on the premises of the massage establishment.

Patrons shall not be permitted in any employee break room on the premises.
(5) During the hours of operation, visitors shall not be permitted in massage therapy rooms except as follows:
(A) The parents or guardian of a patron who is a minor child may be present in the massage therapy room with that minor child; (B) The minor child of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the child; or
(C) The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.
(6) During the hours of operation, except as otherwise provided herein, no visitors shall be permitted in massage therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or toilet rooms.
(7) Except for a patron who is inside a massage therapy room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel. (8) A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as may be convenient. No massage establishment operator shall permit, and no person employed or retained by the massage establishment shall offer to perform any services or request or demand fees other than those posted.
(9) The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the

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Ordinance No. 2354, New Series

massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with the enforcement of this chapter.
(10) All massage services and all tips, if any, shall be paid for in the reception area. Massage establishments may utilize a system where tip envelopes are provided in the treatment rooms to be utilized and deposited by the client in the reception area.
(11) All owners and operators are expected to comply with the City’s Wage Theft Prevention Policy (CP-17-01) adopted by City Council on July 26, 2017.
(b) Physical Facility and Building and Fire Code Requirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city:
(1) Main entry door and reception and waiting area required. One main entry door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the main entry door. Unless the massage establishment is a sole proprietorship or a home occupation with one or no other employees, the main entry door shall be unlocked at all times during business hours. (2) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
(3) All interior doors, including massage therapy rooms or cubicles, but excluding individual dressing rooms, showers, and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening.

Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner massage therapy rooms or cubicles. (4) Minimum lighting equivalent to at least one forty-watt light shall be provided in each massage therapy room or cubicle.

City of Morgan Hill
Ordinance No. 2354, New Series

(5) A massage table or professional massage chair specifically designed for seated massage shall be used for all massage therapy, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen inches.
(6) Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes, which may be shown by circumstantial evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils, or food in excess of a business establishment’s normal requirements.
(7) All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons’ valuables, and each patron shall be given control of the key or other means of access.
(8) The massage establishment shall comply with all applicable state and local building and fire codes as adopted in Title 15 of this code. (c) Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city:
(1) The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables or chairs shall be covered with a clean sheet or other clean covering appropriate to the equipment for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle, or directly into a washing machine, and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty degrees Fahrenheit for not less than fifteen minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. A certified massage professional engaged in the practice of outcall massage shall carry a sufficient quantity of clean and sanitary towels, sheets, and linens to comply with the requirements.
(2) All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day

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Ordinance No. 2354, New Series

when the premises has been or will be open and such facilities in use. All bathtubs shall be thoroughly cleaned and disinfected after each use. (3) All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(4) Unless otherwise licensed under state or local law, no invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to:
(A) Application of electricity that contracts the muscle; (B) Penetration of the skin by metal needles;
(C) Abrasion of the skin below the nonliving, epidermal layers; (D) Removal of skin by means of any razor-edged instrument or other device or tool;
(E) Use of any needle-like instrument for the purpose of extracting skin blemishes; and
(F) Other similar procedures.
(5) All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be laundered after each use pursuant to subsection (c)(1) of this section.
(6) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be fully disinfected after each use.
(7) No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one patron, or shall be fully disinfected after each use.

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Ordinance No. 2354, New Series

(8) Patrons’ genitals and female patrons’ breasts must be fully draped at all times while any individual employed or retained by the massage establishment is in the massage room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals or anal region of a patron, or of a female patron’s breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider.
(9) No alcoholic beverages shall be sold, served, or furnished to any patron or visitor; nor shall any alcoholic beverages be consumed, kept, or possessed on the premises of a massage establishment.
(10) No birth control device or aid, including but not limited to condoms, shall be stored, kept, or distributed on the premises of a massage establishment. (d) Attire and Physical Hygiene Requirements. The following attire and physical hygiene requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage for the massage establishment:
(1) No person shall dress in:
(A) Attire that is transparent, see-through, or substantially exposes the person’s undergarments;
(B) Swim attire, unless providing a water-based massage modality approved by the CAMTC;
(C) A manner that exposes the person’s chest, breasts, buttocks, or genitals;
(D) A manner that constitutes a violation of Section 314 of the California Penal Code.
(2) No massage establishment operator, employee, or visitor shall, while on the premises of a massage establishment or while performing any outcall massage service, and while in the presence of any patron, customer, employee or visitor, expose his or her chest, breast, buttocks, or genitals. (3) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage to a patron. No massage shall be provided upon a surface of the skin or scalp

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Ordinance No. 2354, New Series

of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.
(e) Display of Permit and Certifications.
(1) The massage establishment permit shall be displayed in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment. (2) Each person employed or retained by a massage establishment to perform massage in or on the premises or through an outcall massage service shall display on his or her person the original, valid current photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card and the person’s original CAMTC certificate shall also be displayed in an open and conspicuous place visible from the main entry door and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (f) Display of Human Trafficking Notices. The massage establishment shall comply with the requirements in California Civil Code Section 52.6 related to the posting of information for victims of human trafficking.
(g) Home Occupation and Outcall-Only Businesses—Exemptions. (1) Where a certified massage establishment is a home occupation, and the operator has complied with the provisions of Section 18.92.060 of this code pertaining to home occupations, the provisions of subsections (a)(2), (b)(1)—(3), and (b)(6) of this section shall not apply, and the portions of the residence subject to the requirements of subsections (b) and (c) of this section shall be only those portions that are used at any time by the patron of the massage establishment.
(2) For massage establishments that provide outcall-only services and have no fixed location for performing massage, provisions of this section related to businesses with fixed locations shall not apply. Specifically, the provisions of subsections (a)(2) – (9), (b)(1) - (4), (b)(6) - (8), (c)(2) and (7), (e)(1), and (f) of this section shall not apply to outcall-only establishments.

5.32.150. Massage establishment inspections.
(a) The inspector shall have the right to enter any massage establishment, other than an establishment providing outcall-only services, during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter. Inspectors shall have access to all areas of the massage establishment, including but not limited to

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Ordinance No. 2354, New Series

drawers and cupboards used for storage. Identification may be requested of any employee within the establishment who is not displaying a CAMTC identification card. Photographs and digital and video recordings may be taken by the inspector to document the violations. For home occupations, reasonable inspection shall be limited to the portions of the residence open to patrons. (b) The massage establishment operator shall take immediate action to correct each violation noted by the inspector. A reinspection will be performed to ensure that each violation noted by the inspector has been corrected.

5.32.160. Violations—Moratorium.
(a) For the purpose of enforcing the requirements of this chapter, all owners and operators of the massage establishment shall be jointly and severally responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment.
(b) In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Sections 5.32.170 and 5.32.180. Upon issuance of a final order by the Police Chief or city manager to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than five years (“the moratorium period”). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the five-year prohibition shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll.
(c) In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected.
(d) Notwithstanding any other provision of this chapter, where a Notice of Revocation or Suspension has been issued to the operator of a massage establishment pursuant to Section 5.32.180 of this chapter, the Police Chief shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such Notice of Revocation or Suspension is dismissed; or a final determination is made pursuant to that section that the current operator’s massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired.

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Ordinance No. 2354, New Series

5.32.170. Revocation or suspension.

All massage establishment operators shall be deemed to know and understand the requirements and prohibitions of this chapter. Any massage establishment permit issued pursuant to this chapter may be suspended or revoked by the Police Chief after a hearing, where the Police Chief finds that any of the following have occurred on even a single occasion:
(a) The permittee or any person employed or retained by the massage establishment has violated any provision of this chapter, California Business and Professions Code Sections 4600 et seq., or any local, state, or federal law. (b) The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following:

California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.
(c) The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code. (d) The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.
(e) The permittee or any person employed or retained by the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment. (f) The permittee has continued to operate the massage establishment after the massage establishment permit has been suspended.
(g) Massage has been performed on the premises of the massage establishment, with or without the permittee’s actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional.
(h) A person who is not a duly authorized CAMTC-certified massage professional has provided outcall massage services through or on behalf of the massage establishment.
(i) There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises of the massage establishment,

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whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee.
(j) The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in the patron’s position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron’s genitals, or anal region. (k) The permittee or any person employed or retained by the massage establishment has engaged in sexually suggestive advertising related to massage services on the premises of the massage establishment, including, but not limited to displaying photographs of individuals clothed in swim attire, or attire that is transparent, seethrough or substantially exposes the individual’s undergarments, breasts, buttocks, or genitals, describing massage services as “erotic,” “sensual” or similarly sexual in nature, listing advertisements in adult media, or describing the appearance or age of massage providers.
(l) If the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

5.32.180. Hearing for revocation or suspension.
(a) The Police Chief shall give written notice of a hearing for the revocation or suspension of any permit granted pursuant to this chapter to the permittee. The notice shall set forth the time and place of the hearing, the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual issues in support thereof. The notice shall be mailed, postage prepaid, addressed to the permittee at the last known address of the permittee, or it shall be delivered to the permittee personally, at least ten days prior to the hearing date. The owner/operator has the right to attend the hearing. (b) Within ten days of the hearing the Police Chief shall render his or her decision in writing, stating his or her findings and the action taken, if any. The decision letter shall be mailed, postage prepaid, addressed to the permittee at the last known address of the permittee, or it shall be delivered to the permittee personally. (c) Within ten days from the deposit of the decision letter in the mail or its receipt by the permittee, whichever occurs first, the permittee may appeal the decision in

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Ordinance No. 2354, New Series

writing to the city manager or designee, setting forth with particularity the ground or grounds for the appeal.
(d) The city manager or designee shall give written notice of the hearing on the appeal not less than ten days from the date the appeal was received by the city manager or designee. The hearing shall be conducted in accordance with Section 5.32.190.
(e) After the hearing on the appeal, the city manager or designee may refer the matter back to the Police Chief for a new investigation and decision, may affirm the decision of the Police Chief, may dismiss the disciplinary action, or may revoke or suspend the permit. The decision of the city manager or designee upon such appeal shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. (f) The notices provided to the massage establishment pursuant to this section may also be sent to the owner of the premises where the massage establishment is located. However, failure to provide notice to the property owner shall not invalidate any actions taken by the city.

5.32.190. Hearing rules.

The following rules shall apply to any hearing required by this chapter. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this chapter may be continued for a reasonable time for the convenience of a party or witness.

5.32.200. Violations unlawful and a public nuisance—Penalties, nuisance abatement, and other remedies.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or under state law.

Section 3. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 4. Effective Date; Posting. This Ordinance shall take effect on the 31st day after adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof

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Ordinance No. 2354, New Series

pursuant to Government Code Section 36933.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 24th DAY OF APRIL 2024, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 15th DAY OF MAY 2024,

AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW 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

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. 2354, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 15th day of May, 2024.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE:

MICHELLE BIGELOW, City Clerk

5 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE 2355, NEW SERIES, AMENDING SECTION

13.20.030 (DEFINITIONS) AND SECTION 13.20.090 (SPECIFIC POLLUTANT LIMITATIONS) OF CHAPTER 13.20 (SEWERS AND
INDUSTRIAL WASTE) OF TITLE 13 (PUBLIC SERVICES), TO

REGULATE SEWER USE AND SET UNIFORM REQUIREMENTS FOR

DISCHARGES INTO THE WASTEWATER COLLECTION AND

TREATMENT SYSTEM

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2355, 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.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment
Maintaining and Enhancing Infrastructure
Advancing Regional Initiatives
REPORT NARRATIVE:

On April 24, 2024, the City Council introduced Ordinance No. 2355 New Series, by the following roll call vote: AYES: Borgioli, Librers, Spring, Turner NOES: None; ABSTAIN:

None; ABSENT: Martinez Beltran.

The updates came about through a periodic routine Audit of the Pretreatment Program (aka Wastewater Source Control Program) and Communications with the State Water Resources Control Board and the South Central Regional Wastewater Agency (SCRWA). Since the City’s Pretreatment Program is administered by SCRWA, the requirement by the State for SCRWA to update their Sewer Uses Ordinances means the City must update its Sewer Use Ordinances as well. In April 2024, City staff introduced an ordinance updating the requirement. This creates uniformity between the City’s and SCRWA’s Sewer Use Ordinances and more importantly, it clarifies certain terms for the users.

5 The changes are minor, and they affect only sections 13.20.030 (Definitions) and

13.20.090 (Local Limit Value). Council approved the amendments to the proposed sections mentioned earlier on April 24, 2024; the same item is back to ask that the Council adopt the ordinance. If approved, the ordinance would go into effect 30 days from the date of adoption.

COMMUNITY ENGAGEMENT:

Inform
The City advertised the Sewers and Industrial Waste Ordinance Update in the Weekly 4-1-1, the City's webpage, social media, etc. A community meeting was not necessary since this update is more for uniformity and compliance with SCRWA Sewer Use Ordinance Updates.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City's sewers and industrial waste ordinance was amended by the Council in July 2014, and again in June 2021.

FISCAL AND RESOURCE IMPACT:

There are no direct fiscal impacts associated with adopting the updated ordinance as it does not change the fiscal impacts (namely reduced sewer sales revenues and increased pretreatment program costs) associated with pollutants and other contaminants that already exist under the current ordinance. Administering the City's sewer waste and pollutant response programs are activities included in the work program of the Public Services Department.

CEQA (California Environmental Quality Act):

Categorical Exemption
This Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act as actions intended to preserve and protect natural resources (CEQA Guidelines section 15307).

ORDINANCE NO. 2355, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING SECTION 13.20.030 (DEFINITIONS) AND
SECTION 13.20.090 (SPECIFIC POLLUTANT LIMITATIONS)
OF CHAPTER 13.20 (SEWERS AND INDUSTRIAL WASTE)
OF TITLE 13 (PUBLIC SERVICES), TO REGULATE SEWER

USE AND SET UNIFORM REQUIREMENTS FOR

DISCHARGES INTO THE WASTEWATER COLLECTION
AND TREATMENT SYSTEM.

THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Section 13.20.030 (Definitions) of Chapter 13.20 (Sewers and Industrial Waste) of Title 13 (Public Services) is hereby amended to read as follows:

13.20.030 - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1. "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

2. "Categorical Pretreatment Standards or Categorical Standards" means National Pretreatment Standards or Pretreatment Standard.

3. "City certified contractor" means a contractor that is certified by an accredited agency along with the City of Morgan Hill to perform inspection and repair on private sewer lateral and sanitary sewer collection system.

4. "Common interest development" means a development managed or governed by a homeowners' association. Examples of common interest developments may include condominium projects (in which the individual units are owned), planned unit developments, community apartment projects (in which the individual units are leased to tenants), and stock cooperatives.

5. "Domestic waste" means a combination of liquid or water containing human waste, conducted away from residences, business buildings, and institutions.

6. "Environmental Protection Agency (USEPA)" means the U.S. Environmental Protection Agency; or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

7. "Garbage," "refuse" and all other terms used in this chapter shall have the same meaning given to them in Section Code 13.28.010.LLL

8. "Homeowners' association" means a non-profit corporation or unincorporated association created for the purpose of managing or governing a common interest development and that operates in accordance with governing documents, whether or not the corporation or association is formally designated or commonly referred to as a homeowners' association.

9. Indirect Discharge or Discharge: The discharge or the introduction of non- domestic pollutants from any source regulated under section 307(b) and (c) or (d) by the Act, into the Plant (including holding tank waste discharged into the system).

10. Industrial User (or User): Any contributor of industrial waste or wastewater or a source of indirect discharge.

11. "Industrial waste" means a combination of liquid or water-carried waste resulting from the manufacturing process employed in commercial or industrial establishments, including washing, cleaning, or drain water from such processes.

12. "Inspector" means the authorized inspector or representative of the city engineer.

13. "Interceptor" means a device or trap to prevent the amount of grease, sand, oil or other solids or semi-solids from entering the sewer system.

14. “Interference ” means a Discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act

15. “National Pretreatment Standard, Pretreatment Standard, or Standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to § 403.5.

16. "National Prohibitive Discharge Standard" or "prohibitive discharge standard" means any regulation developed under the authority of Section 307(b) of the Act and 40 Codified Federal Regulations (CFR), Section 403.5.

17. "New source" means any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307 (c) (33 U.S.C. 1317) Categorical Pretreatment Standard.

18. "Permittee" means the person to whom a wastewater permit has been issued pursuant to this chapter.

19. "Person" means an individual, firm, partnership, corporation, or government agency, and their heirs, assigns or agents.

20. "Pretreatment" or "standard" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants’ properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works (POTW). The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

21. "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on a user.

22. "Private sanitary sewer collection system" shall mean any sanitary sewer pipe originating or located at least partially on a common interest development collecting wastewater from more than one building sanitary sewer, including, but not limited to:
apartment buildings, business complexes, mobile home parks, condominiums, or townhomes. This excludes single-family residential property with an accessory dwelling unit.

23. "Private sewer lateral" means the sewer pipeline from the plumbing of a building to a public sewer collection line, including portions that extend across public rights-of-way and the Saddle, wye or other physical connection to the collection line. Private sewer laterals are privately owned and maintained.

24. "Public sewer" means a main or collector sanitary sewer dedicated to public use.

25. "Qualified contractor" means, for the purposes of private sewer lateral inspection or repair and private sanitary sewer collection system inspection or repair, a licensed plumbing contractor with a City of Morgan Hill business license and an active pipeline or lateral assessment certification from the National Association of Sewer Service Companies.

26. "Sale of property" means a change in ownership by purchase or otherwise involving a transfer of legal title to real property, except for any transfer excluded from property tax reassessment by Revenue and Taxation Code Section 60 et seq. and/or as determined by the Santa Clara County assessor.

27. "Significant industrial user" means any industrial user of the city's wastewater disposal system who (a) has a discharge flow of ten thousand gallons or more per average workday; or (b) has a flow greater than five percent of the flow in the city's wastewater treatment system; or (c) has wastes which are toxic pollutants as defined pursuant to Section 307 of the Act or State of California Statutes and rules; or (d) is found by the city, state control agency or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system; or (e) is subject to categorical pretreatment standards
Section 2. Section 13.20.090 (Specific Pollutant Limitations) of Chapter 13.20 (Sewers and Industrial Waste) of Title 13 (Public Services) is hereby amended to read as follows:

13.20.090 - Specific pollutant limitations.

It unlawful for any user to discharge wastewater containing in excess of:
610 mg/L BOD
1000 mg/L TSS
100 mg/L Grease and oil as petroleum hydrocarbons
40 degrees C. Temperature

6.5 to 11.0 pH
units
pH

0.88 mg/L Arsenic

0.01 mg/L Cadmium

5.1 mg/L Total chromium

1.8 mg/L Copper

1.8 mg/L Cyanide

0.5 mg/L Lead

0.03 mg/L Mercury

2.7 mg/L Nickel

4.2 mg/L Silver

1.4 mg/L Zinc
2,900 mg/L Chloride
2,500 mg/L Sodium
9,500 mg/L Total dissolved solids
Trace mg/L Total identifiable chlorinated hydrocarbons

Trace mg/L Toxic organic compounds (priority pollutants as defined by the EPA) Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for "total" metals unless indicated otherwise.

The administrator may impose mass limitations in addition to or in place of the concentrationbased limitations above.

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 take effect 30 days after adoption by Council. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 24th DAY OF APRIL 2024, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 15th DAY OF MAY 2024, AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW 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

City of Morgan Hill
Ordinance No. 2355, New Series

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. 2355, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 15th day of May 2024.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE:

MICHELLE BIGELOW, City Clerk

6 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Nolen Ugalde, Assistant Engineer
APPROVED BY: City Manager
ADOPT RESOLUTION APPROVING FY 2024-25 LIST OF STREET
REHABILITATION PROJECTS FUNDED BY SENATE BILL (SB) 1: THE

ROAD REPAIR AND ACCOUNTABILITY ACT

RECOMMENDATION(S)
Adopt a resolution approving a list of street rehabilitation projects for Fiscal Year 2024- 25 funded by SB1, the Road Repair and Accountability Act of 2017.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Preserving and Cultivating Public Trust
2024-2025 Strategic Priorities
Fiscal Sustainability
Transportation
REPORT NARRATIVE:

City staff are in the process of awarding the 2024 Pavement Rehabilitation Project construction contract, which is scheduled for construction this summer. The 2024 Pavement Resurfacing Project will include pavement rehabilitation and maintenance treatments for the following streets:
• East Dunne Avenue Overpass between Condit Road and Laurel Road • Vineyard Blvd between Monterey Road and LaCrosse Drive • Vineyard Court
• Del Monte Avenue between 2nd Street and Keystone Avenue • Keystone Avenue between Del Monte Avenue and Monterey Road • Del Monte Avenue between Ciolino Avenue and Cosmo Avenue • Manor Court
• Matilda Court
• Foothill Court
• San Pedro Avenue between Butterfield Boulevard and Walnut Grove Drive • San Ramon Drive between San Pedro Avenue and San Marcos Drive

6 • Markross Court
• Cochrane Circle
• Digital Drive
This will be the eighth year the City has been receiving SB1 fund allocations and the City is continuing to prioritize these funds towards the repair of the City's arterial and collector roadways, while beginning the process of repairing the worst residential streets in the City.

SB 1, also known as the Road Repair and Accountability Act of 2017, established a tax that formed the Road Maintenance and Rehabilitation Account (RMRA). The RMRA is intended to fund basic road maintenance and rehabilitation needs on the local street and road systems within the State. Prior to receiving RMRA funds for the Fiscal Year (FY) 2024-25, the City must submit a list of projects proposed to be funded with RMRA funds, adopted by resolution, to the California Transportation Commission (CTC) by July 1, 2024. The list of projects proposed to be funded must include a description and the location of each proposed project, a proposed project schedule, and the estimated useful life of the improvement (Streets and Highways Code Section 2034(a)).

To ensure that the City is eligible for FY 2024-25 SB1 RMRA funding, the proposed resolution (Attachment 1) identifies the City street locations proposed to be funded by the FY 2024-25 SB1 RMRA funds.These streets include all of the project streets for the 2024 Pavement Rehabilitation Project to ensure full utilization of the FY 2024-25 funding. The proposed resolution is expected to fulfill the CTC's requirement that the City Council adopt, via resolution, a list of projects proposed for the next fiscal year's SB1 RMRA funds and meets the intention of prioritizing these funds for basic road maintenance and rehabilitation projects, and on critical safety projects.

COMMUNITY ENGAGEMENT:

Inform
City staff are working on a significant communication planning effort to be implemented ahead of the work, which is planned to occur during the summer months. The City has recently developed a page dedicated to pavement rehabilitation on the City's website that outlines long term planning for pavement rehabilitation. The webpage is available at Pavement Rehab & Street Cut Moratorium | City of Morgan Hill, CA - Official Website.

ALTERNATIVE ACTIONS:

The City Council could direct staff to submit a funding request for an alternative project.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• On June 15, 2022, City Council adopted the FY 2022-23 through FY 2027-28 Capital Improvement Budget.

6 • On June 21, 2023, City Council passed Resolution No. 23-030 adopting a list of street rehabilitation projects for FY 2023-24 funded by SB1. • On January 17, 2024, City Council received an update regarding pavement rehabilitation planning.

FISCAL AND RESOURCE IMPACT:

The FY 2024-25 SB1 RMRA projected revenue of $1,174,484 will be included as a revenue source for Fund 308 (Street CIP) in the City's CIP under the Pavement Rehabilitation Program (Project No. 519000) as part of the FY 2024-25 project budget.

CEQA (California Environmental Quality Act):

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

RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN HILL ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,174,484 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the East Dunne Avenue overpass at US 101, one of the City’s arterial streets; portions of Del Monte Avenue, San Pedro Avenue, and Vineyard Blvd, three of the City’s collector streets; and portions of Cochrane Circle, Del Monte Avenue, Digital Drive, Foothill Court, Keystone Avenue, Manor Court, Markross Court, Matilda Court, San Ramon Drive, and Vineyard Court, multiple

City of Morgan Hill
Resolution No. 24-xxx

local/residential streets throughout the City this year and multiple similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a good condition and this revenue will help us increase the overall quality of our road system and over the next decade will maintain our streets and roads in a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Morgan Hill, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
1) Project Title: 2024 Pavement Rehabilitation Project
Project Description: 3” Pavement Mill and Fill, 2” Grind and Overlay, Full Depth Asphalt Concrete Pavement Repairs, Crack Sealing, Type II Slurry Seal, Vehicle Detector Loop, Replacement of all Existing Traffic Delineation and Markings, Utility Cover Adjustments, and all related work on various streets within the City Limits.

Project Locations: 1) East Dunne Avenue Overpass between Condit Road and Laurel Road; 2) Vineyard Blvd between Monterey Road and LaCrosse Drive; 3) Vineyard Court; 4) Del Monte Avenue between 2nd Street and Keystone Avenue; 5) Keystone Avenue between Del Monte Avenue and Monterey Road; 6) Del Monte Avenue between Ciolino Avenue and Cosmo Avenue; 7) Manor Court; 8) Matilda Court; 9) Foothill Court; 10) San Pedro Avenue between Butterfield Boulevard and Walnut Grove Drive; 11) San Ramon Drive between San Pedro Avenue and San Marcos Drive: 12) Markross Court: 13) Cochrane Circle; 14) Digital Drive Estimated Project Schedule: Start (June 2024)– Completion (October 2024) based on the component being funded with RMRA funds.

Estimated Project Useful Life: The City’s Pavement Management System estimates a new useful life of 20 years for these roadways.

City of Morgan Hill
Resolution No. 24-xxx

PASSED, APPROVED, AND ADOPTED by the City Council of to the City of Morgan Hill, State of California at its meeting held on this 15th day of May, 2024, 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.24-xxx , adopted by the City Council at the meeting held on 15th day of May, 2024.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 24-xxx

City Council
Meeting Minutes
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Gino Borgioli - Council Member
Rene Spring - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, April 24, 2024 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

SPECIAL/REGULAR MEETING
A special meeting of the City Council was 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
2 CALL TO ORDER
Mayor Turner called the meeting to order at 5:00 p.m.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Rene Spring, Mark Turner, Marilyn Librers, Gino Borgioli ABSENT Yvonne Martinez Beltran

DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the 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).

Mayor Turner shared the ideal traits the City Council is looking for in

April 24, 2024
3 commissioners.

MOTION:

Approving recommended actions 1 and 2.

RESULT: Passed
MOVER: Mayor Pro Tem Librers
SECONDER: Council Member Spring
AYES: Council Member Spring, Mayor Turner, Mayor Pro Tem Librers NAYS: None
ABSTAIN: None
ABSENT: Council Member Borgioli, Council Member Martinez Beltran The City Council interviewed and appointed Robyn Carillo to the Library, Culture, and Arts Commission and Tanaya Rose and Saied Zargar to the Parks and Recreation Commission.

REGULAR MEETING
Mayor Turner called the City Council meeting to order at 6:00 p.m.

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 Red Cross Month
Proclaiming April 22, 2024 as Earth Day
Proclaiming April 14-20, 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

April 24, 2024
4 Mayor Pro Tem Librers shared that she attended the League of California Cities Transportation Policy Committee meeting in Burbank last month. The committee dug deep into the traffic issues that can be addressed. She announced that the City has received some grants that will help the commute traffic.

April 24, 2024
5 CITY MANAGER'S REPORT
City Manager Christina Turner announced the grants the City recently received from Congresswoman Zoe Lofgren's office. She mentioned that the City is putting the final touches on the City's budget document that will cover the next two fiscal years. We will have a table at the Open Streets event on Saturday, May 11, 2024 to share information about the City's budget. In addition, there will be a Budget Workshop on Wednesday, May 22, 2024, at 5:00 p.m. She announced that a pilot program for Solar permits is underway, which means that contractors getting solar permits can acquire them through the automated solar app program as a result of a grant the City applied for in 2023.

Online applications for all are expected to be available by summer. On Thursday, May 30, 2024, from 7:30 a.m. - 1:00 p.m. we will have an Economic Mobility Symposium at the Granada Theater. More information and the link to purchase tickets can be found on the City’s website. The 2024 Sidewalk Saturday season has begun. They are held on the 2nd Saturday of every month from 10:00 a.m. - 3:00 p.m. April - December. Last Saturday, the City held a ribbon cutting for its first session of the Indoor Adaptive Play Area at the Centennial Recreation Center. She mentioned that Art a la Carte is on Saturday, May 4, 2024, at the Community and Cultural Center (CCC) from 11:00 a.m. to 2:00 p.m. Open Streets: Morgan Hill is back on May 11, 2024, in Downtown Morgan Hill. Join us from 9:00 a.m. to 1:00 p.m. for fun activities including a bike rodeo, a fun run and 5k (pre-register online), CRC fitness classes, Sidewalk Saturday’s vendors, and more. Stop by the Family Health and Wellness Resource Fair on Saturday, May 18, 2024 from 10:00 a.m.-2:00 p.m. at the CCC for performances, health screenings, family resources, workshops, and more. The Public Works week event will be held on Wednesday, May 22, 2024 from 9:00 a.m. - 11:00 a.m. at the City's Corporation Yard.

Lastly, the Pride Flag Raising ceremony will be at the Civic Center on May 31, 2024 at 6:00 p.m.

CITY ATTORNEY'S REPORT
On March 6, 2024, the Council met in closed session. City Attorney Don Larkin announced that there was no reportable action.

OTHER REPORTS
Mayor Turner thanked the Morgan Hill Rotary Club for planting 30 trees in Community Park near the Magical Bridge Playground. He announced that the Hwy 101 and Hwy 25 interchange phase one is fully funded. That work is scheduled to begin in early 2025 and should be completed by the end of 2027. He mentioned that VTA is ranked among the top 5 nation's transit agencies in ridership growth. The VTA board also opposed SB 1031, a bill aiming at consolidating all the transit operators in the Bay Area. Caltrain ridership has increased by 38% since the adoption of the fourth train in South County.

He also noted that the Cities Association received a presentation from Bay Area Housing Finance Authority (BAHFA) regarding a regional affordable housing bond that they are trying to get on the ballot. He attended the League of California Cities, City Leaders Conference in Sacramento last week and shared some information. He also spoke about a trail that he would like to start to promote restaurants in our Community.

April 24, 2024
6 It is called the Guac Walk. There are 15 Mexican restaurants in our Community on board, as well as Region Market. Also, the Mushroom Festival will be on May 25th and 26th.

PUBLIC COMMENT
Public comment opened at 6:32 p.m.

Anonymous was called to speak.

There being no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Borgioli
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

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.

MOTION:

Approving consent calendar items 2 through 11.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

April 24, 2024
7 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:

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:

April 24, 2024
8 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;

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

April 24, 2024
9 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.

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;

April 24, 2024
10 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.

Public Services Director Chris Ghione provided the report.

The public hearing opened at 6:36 p.m. There being no requests to speak, the public hearing closed.

The meeting recessed at 6:36 p.m. to tabulate the votes and reconvened at 6:43 p.m.

The City Clerk announced the ballot tabulation results. Of the 18 ballots, 13 were received of which 11 are in favor and 2 opposed to the increased rate assessment.

MOTION:

Adopting Resolution A certifying the results of the ballot tabulation for the assessment ballot proceeding to submit to the qualified property owners the question of the proposed increase in the maximum assessment rate for the Sparhawk subarea of landscape maintenance assessment district number 1 beginning in fiscal year 2024/25.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

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.

Environmental Services Administrator Tanya Carothers provided the report and presentation.

The public hearing opened at 6:48 p.m. There being no requests to speak, the public hearing closed.

April 24, 2024
11 MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

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.

Human Resources Director Michael Horta provided the report.

Public comment opened at 6:51 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

April 24, 2024
12 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.

Public Services Director Chris Ghione provided a report and presentation, along with Scott Geffre with Leadership Morgan Hill Class of 2024.

Public comment opened at 7:01 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving recommended actions.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Borgioli
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

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).

Economic Development Director Matt Mahood presented a report.

April 24, 2024
13 Public comment opened at 7:28 p.m. There being no requests to speak, public comment closed.

MOTION:

Waiving the first and second reading of the ordinance.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran
MOTION:

Introducing the ordinance.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

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.

Deputy Director for Utilities James Sylvain presented the report.

Public comment opened at 7:40 p.m. There being no requests to speak, public comment closed.

MOTION:

Waiving the first and second reading of the ordinance.

April 24, 2024
14 RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran
MOTION:

Introducing the ordinance.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: Council Member Martinez Beltran

18. RECEIVE MONTHLY BUDGET UPDATE; MARCH 2024 FINANCIAL AND INVESTMENT REPORTS; AND CITY MANAGER AUTHORITY REPORT
Recommendation:

Accept and file report.

Finance Director Dat Nguyen presented the report.

Public comment opened at 7:54 p.m. There being no requests to speak, public comment closed.

The report was accepted.

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:

April 24, 2024
15 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.

City Manager Christina Turner introduced the item and provided a high-level overview.

A majority of the City Council directed staff to bring all four items to a future meeting for a formal discussion.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Borgioli asked that no campaigning from the dais be added to the City Council norms.

Council Member Spring asked for a discussion or some sort of educational forum regarding insurance companies canceling homeowners' insurance policies.

Council Member Spring asked for discussion or other forum to address loneliness.

CLOSED SESSION
City Attorney Larkin announced the closed session items.

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
Public comment opened at 8:14 p.m. There being no requests to speak, public comment closed.

ADJOURN TO CLOSED SESSION
The meeting adjourned to closed session at 8:15 p.m.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 8:53 p.m. with no reportable action.

April 24, 2024
16 Minutes Prepared by:

Michelle Bigelow, City Clerk

8 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Sarah Tada, Support Services Manager
APPROVED BY: City Manager

APPROVE THE FIRST AMENDMENT TO THE AGREEMENT WITH THE

COUNTY OF SANTA CLARA FOR EMERGENCY MEDICAL

DISPATCHING SERVICES

RECOMMENDATION(S)

1. Authorize the City Manager to enter into a one-year amendment to the agreement with the County of Santa Clara for Emergency Medical Dispatch Services for $73,260 with an option to extend for an additional three years, subject to budget appropriation and approval as to form by the City Attorney; and

2. Authorize the City Manager to execute all future agreements with the County of Santa Clara to ensure continued medical dispatch services for our Community.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:

The City of Morgan Hill has historically contracted with Santa Clara County to provide Emergency Medical Dispatch services on its behalf. The existing contract amendment expires on June 30, 2024 and can be extended by one three-year term as mutually agreed upon by both parties. Santa Clara County provides certified medical dispatchers 24/7/365 through this Emergency Medical Dispatch (EMD) contract using International Academy of Emergency Dispatch (IAED) certified Emergency Medical Dispatchers. All dispatchers providing EMD services use the most current version of the Medical Priority

8 Dispatch System as determined by the IAED. The Morgan Hill Police Department Communications Center provides law enforcement dispatching only and the center nor the staff are certified to provide emergency medical dispatching services, which would require extensive training, software, and staffing increases to ensure that the call-taker can stay on the phone and provide pre-arrival instructions in compliance with national standards.

COMMUNITY ENGAGEMENT:

This staff report serves to inform the Community of the City's desire to enter into a oneyear agreement with Santa Clara County for County Communications emergency medical dispatching services.

ALTERNATIVE ACTIONS:

The alternative is for the Morgan Hill Police Department to increase its staffing by approximately four (4) full-time employees and obtain International Academy of Emergency Dispatch (IAED) certification. The Morgan Hill Police Department Communications Center provides law enforcement dispatching only and the center nor the staff are certified to provide emergency medical dispatching services, which would require extensive training and staffing increases to ensure that the call-taker can stay on the phone and provide pre-arrival instructions.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City of Morgan Hill has contracted with Santa Clara County to provide Emergency Medical Dispatch services on its behalf for decades. City Council approved the current City budget that included the current contract with Santa Clara County which expires on June 30, 2024.

FISCAL AND RESOURCE IMPACT:

The one-year agreement is for $73,260 for fiscal year 24/25 (subject to +/- 5% adjustment after July 1, 2025). Below is the cost breakdown provided by Santa Clara County:

1. EMD Program Cost for Fiscal Year 2024-25 (and Example Methodology for Outlying Years):
$698,107 FY 2024/2025 total EMD cost
(5% of total estimated medical dispatching cost)
X

10.494%
CITY’s share of EMD activity
2,604 CITY’s EMD events = 10.494% of 24,814 total EMD
events handled by COUNTY (events averaged for FY 2021
– FY 2023)
$73,260 CITY’s EMD cost for FY 2024/2025
(Subject to +/- 5% adjustment after July 1, 2025)
Funding for the agreement will be included in the budget process.

8 CEQA (California Environmental Quality Act):

Not a project.

This agreement entails organizational or administrative activities of governments and will not result in direct or indirect physical changes in the environment.

First Amendment to Agreement between the County of
Santa Clara and the City of Morgan Hill for EMD Services Page 1 of 3

FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE

COUNTY OF SANTA CLARA AND THE CITY OF MORGAN HILL

FOR EMERGENCY MEDICAL DISPATCH SERVICES
This is the First Amendment to the Agreement (“Agreement”) by and between the County of Santa Clara (“COUNTY”) and the City of Morgan Hill (“CITY”) originally entered into on July 1, 2023, for the provision of Emergency Medical Dispatch services to the CITY.

This Agreement is amended as follows, effective July 1, 2024:

1. Article 3.1 (a) and (b), regarding the Term of Agreement, is amended to read as follows:
(a) This Agreement is effective from July 1, 2023, until June 30, 2025, unless terminated earlier in accordance with Article 3.2 of the Agreement. (b) This Agreement may be extended for one (1) three-year term as mutually agreed by both parties.

2. Article 6.16 “Levine Act Compliance” is hereby added and incorporated into the Agreement and reads as follows:

CITY will comply and will ensure that its agents (as that term is defined under 2 Cal.

Code Regs. § 18438.3(a)) and its subcontractors (“Subcontractors”) comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8), which (1) require a party to a proceeding involving a contract to disclose on the record of the proceeding any contribution, as defined by Government Code section 84308(a)(6), of more than $250 that the party or their agent has made within the prior 12 months, and (2) prohibit a party to a proceeding involving a contract from making a contribution, as defined by Government Code section 84308(a)(6), of more than $250 to any COUNTY officer during the proceeding and for 12 months following the final decision in the proceeding.

CITY agrees to submit disclosures required to be made under the Levine Act at the Office of the Clerk of the Board of Supervisors website at http://www.sccgov.org/levineact, and CITY shall require Subcontractors to do the same. If this Agreement is to be considered or voted upon by the COUNTY’s Board of Supervisors, CITY shall complete the Levine Act Contractor Form: Identification of Subcontractors and Agents, and if applicable, shall ensure that any Subcontractor completes the Levine Act Subcontractor Form: Identification of Agents, and CITY must submit all such forms to the COUNTY as a prerequisite to execution of the Agreement.

3. Replace Exhibit B Compensation for Services with Exhibit B-1 Compensation for Services, attached hereto and incorporated herein by this reference.

First Amendment to Agreement between the County of
Santa Clara and the City of Morgan Hill for EMD Services Page 2 of 3 EXHIBIT B-1

COMPENSATION FOR SERVICES
A. Emergency Medical Dispatching (EMD) Cost and Billing Methodology

1. The total County of Santa Clara (“COUNTY”), Communications Department, costs for providing dispatching services are allocated to four service areas (law enforcement, medical, fire and local government), based on the most recent three-year average number of events. Costs include direct expense and indirect dispatch operations expense. Of the amount allocated to medical dispatching, 5% is attributable to the COUNTY’s EMD program cost and is apportioned between all agencies receiving EMD services from the COUNTY, based on proportionate average event activity for the past three years.

2. EMD costs will be estimated based on the most current budget cost information available for the applicable fiscal year and will be established each year of the Agreement by March 31st to be effective the following fiscal year beginning July 1st. In the first quarter of the fiscal year after the service year, actual event activity data will be used to calculate actual cost and make an adjustment to the previous year’s billing. The increase or decrease adjustment will not exceed 5% above or below the previously billed amount.

The COUNTY shall notify the CITY of any adjustment prior to billing the CITY’s final fourth quarterly installment. Billing questions may be directed by email to Accounts Payable at [email protected].

B. EMD Program Cost for Fiscal Year 2024-25 (and Example Methodology for Outlying Years):
$698,107 FY 2024/2025 total EMD cost
(5% of total estimated medical dispatching cost)
X 10.494% CITY’s share of EMD activity
2,604 CITY’s EMD events = 10.494% of 24,814 total EMD events handled by COUNTY (events averaged for FY 2021 – FY 2023) $73,260 CITY’s EMD cost for FY 2024/2025
(Subject to +/- 5% adjustment after July 1, 2025)
All other provisions of the Agreement remain in full force and effect. In the event of a conflict between the original Agreement and this First Amendment, this First Amendment controls. The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter herein and supersedes all prior oral and written agreements, representations and understandings concerning such subject matter.
//
//

First Amendment to Agreement between the County of
Santa Clara and the City of Morgan Hill for EMD Services Page 3 of 3 IN WITNESS WHEREOF, the COUNTY and the CITY have caused this Amendment to the Agreement to be executed by their duly authorized representatives effective July 1, 2024.

SIGNATURES:

COUNTY OF SANTA CLARA CITY OF MORGAN HILL
__________________________ ________ __________________________ ________ MATTHEW HADA Date CHRISTINA TURNER Date
Director of Procurement City Manager

ATTEST:

__________________________

MICHELLE BIGELOW, MMC, CPMC
City Clerk
APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM:
__________________________ __________________________
STEPHANIE M. JACKSON DONALD LARKIN
Deputy County Counsel City Attorney

9 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Maria Angeles, Senior Civil Engineer
APPROVED BY: City Manager

APPROVE THE SECOND AMENDMENT TO PROFESSIONAL SERVICE

AGREEMENT WITH ASSOCIATED ENGINEERING-SURVEYING
SERVICE, INC., DBA HANNA-BRUNETTI, FOR ON-CALL MAP REVIEW

AND CITY SURVEYOR SERVICES FOR LAND DEVELOPMENT

ENGINEERING

RECOMMENDATION(S)

1. Approve the Second Amendment to the professional service agreement with Hanna-Brunetti for On-Call Map Review and City Surveyor Services for Land Development Engineering to add $40,000 to the contract amount for a total notto-exceed amount of $100,000 with the term of the agreement unchanged; and

2. Authorize the City Manager to execute the Second Amendment.

COUNCIL PRIORITIES, GOALS & STRATEGIES
2024-2025 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The City has a current contract with Hanna-Brunetti for staff augmentation services and is one of three on-call consultants who assist the Land Development Engineering section of the Public Services Department with the review of tract maps, parcel maps, lot line adjustments, plat and legal description of various easements, other surveyrelated tasks, and to act as the City Surveyor. Hanna-Brunetti has been assigned the majority of the City’s mapping reviews. The services performed by Hanna-Brunetti have been on an as-needed basis since 2010.

Hanna-Brunetti’s recent contract with the City was approved and executed by the City Manager on February 12, 2023, pursuant to the authority of the City Manager per Chapter 3.04 of the Morgan Hill Municipal Code, with an initial contract amount of $55,000.

As allowed by the contract, a subsequent First Amendment was approved by the City Manager to increase the contract amount by $5,000, and extend the contract term through June 30, 2024. The First Amendment increased the total not-to-exceed contract

9 amount to $60,000. To date, the total contract amount has been used up.

The need for engineering and surveying services for Land Development Engineering has been greater than expected since the prior contract amendment. These services are cost recovery as developers are charged fees for these services. However, to meet legal requirements associated with development reviews relating to maps, easements and other reviews, additional significant funding is necessary to complete the fiscal year.

The purpose of this proposed Second Amendment to Hanna-Brunetti’s contract is to increase the total not-to-exceed contract amount by $40,000 for the remainder of FY 2023-24 which will result in a total not-to-exceed contract amount of $100,000. This new amendment will not change the current term of the agreement. Since the resulting contract amount will exceed the City Manager’s authorized approval amount, approval by the City Council is required.

Hanna-Brunetti’s contract and the contracts of Land Development Engineering’s other on-call consultants will expire no later than June 30, 2024. A new Request for Qualifications was published by Land Development Engineering on February 27, 2024 to establish a new on-call list of pre-qualified consultants. The final consultant selection is underway. The new contracts for the selected consultants will be presented to the City Council for approval in June 2024.

COMMUNITY ENGAGEMENT:

Not applicable
The services provided for land development engineering review are legally required by the City for development within the City.

ALTERNATIVE ACTIONS:

There is no feasible alternative action as Land Development Engineering does not have sufficient technical expertise to perform mapping reviews without an on-call map review consultant and there is no staff member that holds the required Professional Land Surveyor license to sign final maps. Aside from possible delays in processing and approving final maps and other mapping documents, Land Development Engineering will incur additional consultant expenses when obtaining the services of another on-call map review consultants to finish or repeat the review of final maps and other mapping documents that Hanna-Brunetti has started.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council has not taken previous action related to this specific contract with HannaBrunetti as it was originally approved under the City Manager's authority. The City Council has approved various on-call engineering service contracts in recent years.

FISCAL AND RESOURCE IMPACT:

The current agreement with Hanna-Brunetti expires on June 30, 2024 and has a total not-to-exceed amount of $60,000. If the requested Second Amendment is approved, the

9 total not-to-exceed amount will be increased to $100,000, an increase of $40,000.

Services rendered by Hanna-Brunetti are paid for by developer fees.

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 are exempted from environmental review under Section 15061(b)(3) of the State CEQA Guidelines. The contract is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

1 SECOND AMENDMENT TO AGREEMENT

HANNA-BRUNETTI
This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and Associated Engineering-Surveying Service, Inc., a California Corporation doing business as Hanna-Brunetti ("CONSULTANT"), hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Second Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and CONSULTANT entered into that “CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS” made as of February 12, 2023, for consultant services for a maximum compensation of fifty five thousand dollars ($55,000.00) (“CONSULTANT AGREEMENT”).

3. The CITY and CONSULTANT entered into a “First Amendment to Agreement” made as of July 26, 2023, under which the maximum compensation under the CONSULTANT AGREEMENT, as amended, was increased to sixty thousand dollars ($60,000.00) and the term extended through June 30, 2024. The CONSULTANT AGREEMENT and the First Amendment thereto are attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the CONSULTANT AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 4.1 shall be amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and shall be billed based on the rate and basis set forth in Exhibit B."

2. 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.

2 3. Conflicts. In the event of a conflict between the terms and provisions of this SECOND AMENDMENT to Agreement and the terms and provisions of the CONSULTANT AGREEMENT or any earlier amendment, the terms of this SECOND AMENDMENT to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Christina Turner, City Manager Date: Date:

APPROVED AS TO FORM: HANNA-BRUNETTI
Donald A. Larkin, City Attorney Amanda Musy-Verdel
Chief Executive Officer and Chief
Financial Officer
Date: Date:
4/24/24 Page 122 of 390
DocuSign Envelope ID: 94CF3CDF- C8A0- 48BE- 9738- 6B047AEDB418 128- 04- 23- 008

FIRST AMENDMENT TO AGREEMENT

HANNA-BRUNETTI
This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on 7/ 26/ 2023 ( Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, CITY") and Associated Engineering Surveying Services, Inc, , a California corporation DBA HANNABRUNETTI (" CONSULTANT").

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered into based upon the authority of the City Manager pursuant to Chapter 3. 04 of the Morgan Hill Municipal Code.

2. The CITY and CONSULTANT entered into that " Consultant Agreement for Design Professionals" made as of February 12, 2023, for consultant services for a maximum compensation of Fifty -Five Thousand Dollars ($ 55, 000. 00) (" CONSULTANT AGREEMENT"). The CONSULTANT AGREEMENT is attached as Exhibit " 1 " to this Agreement.

3. The parties hereto acknowledge that the CONSULTANT AGREEMENT entered into by the parties on February 12, 2023, expired by its terms as of June 30, 2023. The parties desire to continue the CONSULTANT AGREEMENT from June 30, 2023 to June 30, 2024.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Continuation of Term. The CONSULTANT AGREEMENT expired by its terms as of February 12, 2023, and the parties to the CONSULTANT AGREEMENT expressly agree that the term of the CONSULTANT AGREEMENT shall be extended from June 30, 2023, to June 30, 2024.

2. Amendments: All terms and conditions of the CONSULTANT AGREEMENT, as amended, as attached as Exhibit " 1," shall remain in full force and effect; except that the following amendments shall be made as set forth below-.

Paragraph 2 shall be amended and replaced in its entirety by the following:

2. Term of Agreement. This Agreement shall be effective and cover services rendered from February 12, 2023, until June 30, 2024. The City Manager is authorized to extend the term of this Agreement, provided the compensation does not exceed the City Manager' s authority pursuant to Chapter 3. 04 of the Morgan Hill Municipal Code. Any such extension shall be in writing and signed by both parties to this Agreement."
Paragraph 4. 1 shall be amended and replaced in its entirety by the following:

4. 1. Amount. Compensation under this Agreement shall not exceed SIXTY THOUSAND DOLLARS ($ 60, 000. 00) and shall be billed based on the rate and basis set forth in Exhibit B."

3. 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 EXHIBIT 1

DocuSign Envelope ID: 94CF3CDF- C8A0-48BE- 9738-6B047AEDB418 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.

4. Conflicts. In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the CONSULTANT AGREEMENT, the terms of this. First Amendment to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST:

Pt
DocuSigned by:
tiCA01410w City
OFCB7EABA7C4U... Date:
7/ 2 7/202 3 APPROVED
ASTO FORM: DocuSigned
by: Cit
erfVWA2464... ---- _ Date:
7/ 25/ 2023 THE
CITY OF MORGAN HILL DocuSigned
by: City
AF549944D... Date:
7/ 26/ 2023 H
NA- BRUNETTI By:
ooyVzoeAtf Title: f
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ET' AQ "( Date: 2

DocuSign Envelope ID: 94CF3CDF- C8A0- 48BE- 9738- 6B047AEDB418 128- 04- 23- 008 DocuSign Envelope ID, 48D26899- 7235- 4A24- A5F4- 24DAFOB078EC EXHIBIT 1

CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS

HANNA-BRUNETTI
THIS AGREEMENT is entered Into and becomes effective on 2/ 12/ 2023 ( Effective
Date), by and between the CITY OF MORGAN HILL, a municipal corporation, (" CITY"), and Associated Engineering Surveying Services, Inc, DBA Hanna -Brunetti, 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 authority of the City Manager pursuant to Chapter 3.04 of the Morgan Hill Municipal Code.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2023 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 On -Call Map Review & City Surveyor Services for Land Development Engineering as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4. 1. Amount. $ 55, 000. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed Fifty Five 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. Billin . 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 1 updeled July 2022

DocuSign Envelope ID: 94CF3CDF- C8A0-48BE-9738- 6B047AEDB418 DocuSign Envelope ID: 48D26899- 7235- 4A24- A5F4- 24DAF08078EC 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. J! erkrmance of Wgrk. 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 = LI. CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: @ 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.
2 Updated July 2022

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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 self - insured, CONSULTANT shall provide its Certificate of Permission to Self -insure, duly authorized by the Department of Industrial Relations.

7. 1. 4. Pollution ( Environmental) Liabilityif the performance of CONSULTANT'S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/ or a risk of accidental release offuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT'Sliability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services tobe 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 (31, 000, 000. 00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT'Scombined 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'Swork 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 aclaims made or occurrence Errors and Omission liability insurance Inthe 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' Scombined 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 tothe CITY for at

7. least five (5) years after the completion of work performed under this Agreement.

1. 5. 2. If the performance of CONSULTANT'S work or service under this Agreement relates to Information Technology orrelated services ( examples include, but are not limited to computer programmers, software designers, 3 Updated
Jury 2022

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6BO47AEDB418 DocuSign Envelope ID: 48D26899-7235- 4A24- A5F4-24DAFOB078EC 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 CONSULTANrs 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: ( 1) 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, agencies, officers, agents, employees, and volunteers 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, agencies, officers, agents, employees, and volunteers; 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, agencies, officers, agents, employees, and volunteers.

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.

Besfs financial strength rating of "A" or better and a financial size rating of ' VI I" or better.

7.4. Certl#icates. 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 4 Updated July 2022

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6BO47AEDB418 DocuSign Envelope ID; 48D26899- 7235- 4A24- A5F4. 24DAFOB078EC agreement with the CITY shall be canceled or materially changed except after thirty ( 30) days' notice by the insurer to CITY. A " material change' is a change that results in noncompliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to riskmomt a morasnhiil. ca.gov 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
S. 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.

Judgments or Decisions During Tema of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision 5 Updated July 2022

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6BO47AEDB418 DocuSign Envelope ID: 48D26899- 7235- 4A24- A5F4- 24DAFOB078EC 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 violatlon 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 Attomey, 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:

HANNA- BRUNETTI
7651 Eigleberry Street
Gilroy, CA 96020- 5122
6 Updated July 2022

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6BO47AEDB418 DocuSign Envelope ID: 48D26899- 7235- 4A24-A5F4- 24DAFOB07BEC Address of CITY is as follows:

Maria Angeles with a copy to:

City of Morgan Hill City Clerk
17575 Peak Avenue City of Morgan Hill
Morgan Hill, CA 95037 17575 Peak Avenue
Morgan Hill, CA 95037

14. Licenses, Peffnits 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 CONSULTANTS 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 CONSULTANTS 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 7 Updated July 2022

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6BO47AEDB418 DocuSign Envelope ID: 48D26899- 7235. 4A24- A5F4- 24DAFOB078EC 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 vvith 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' l 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. Excections. 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 A. 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. 8 Updated July 2022

DocuSign Envelope ID: 94CF3CDF- C8A0- 48BE- 9738- 6B047AEDB418 DocuSign Envelope JD: 48D26899- 7235- 4A24- A5F4- 24DAF08078EC

21. 6. interoretation. 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 Aareementi Modification; C_onfillctinq 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, Governinq Law and Venue_. This Agreement shall be construed in accordance wlth 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. Bind_inct 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]
9 Updated July 2022

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29. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS;
1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST:
r_
0oeusloned try:
li %%f1ic. ig tl w
GhvkQa Suty City Clerk
Michelle Bigelow
Print Name
Date: 2/ 13/ 2023
APPROVED AS TO FORM:
0oc uSignneed by:

Donald A. Larkin
Print Name
Date: 2/ 10/ 2023

CITY OF MORGAN HILL
uocusr n. d by.}..

Christina J. Turner
Print Name
Date: Z/ 12/ 2023
H" NA-BRUNETTI
By: Pvz5lc. kt- ----
t 0
Print Name and Title` of Signer.

If Corporate: Chairman, President or Vice
President
Date: m2z
4U.

By: 2---- --—
Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial OfRcer or
Assistant Treasurer
Date: / g/
WILegel FormslConsultant AgreemenlslCity Services Agreement For Design Pmfesslonals- Docx 10 Updated July 2022

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6B047AEDB418 DocuSign Envelope ID: 48D26899- 7235- 4A24- A5F4- 24DAFOB078EC

EXHIBIT A

SCOPE OF SERVICES
Under the direct supervision of a Land Development Engineering staff, the CONSULTANT will provide On -Call Map Review & City Surveyor Services through June 30, 2023.

The following are the types of tasks that are included in the CONSULTANT' S scope of services:

Review of tract maps and parcel maps for conformance with the Subdivislon Map Act.

Provide stamp and signature on maps and other documents, as necessary, as the Acting City Surveyor.

Review of land surveying aspects of tentative maps for conformance with City standards as part of the City' s entitlement process
Review of lot line adjustments, certificates of compliance, easement plat maps, legal descriptions, and closure calculations for technical accuracy Traditional topographic surveys to determine locations and elevations of existing improvements, structures, and topographic features
Develop legal descriptions and plat maps, and other survey -related tasks as needed

DocuSign Envelope ID: 94CF3CDF- C8A0- 48BE- 9738- 6B047AEDB418 DocuSign Envelope ID: 48D26899. 7235- 4A24- A5F4- 24DAFOB078EC

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
see next page)

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6BO47AEDB418 DocuSign Envelope ID: 4BD26899- 7235- 4A24- A5F4- 24DAFOB078EC

HANNA-BRUNETTI
EST. 1910
CIVIL ENGINEERS • LAND SURVEYORS

CONSTRUCTION MANAGERS

PROFESSIONAL SERVICES HOURLY FEE SCHEDULE

OFFICE AND PROFESSIONAL
Principal Engineer 200- 00
Associate Engineer/ Proiect Manager 175. 00
Protect Engineer 1 60. 00
Surveyor Manager 190. 00
Design Engineer 140. 00
Surveyor _ -
Junior Civil Engineer
160.00
125. 00
Technician 125. 00
Inspector v_.___ ___
1_ 35.0
Draftsperson_ 120.00
Clerical 74.00
Witness — Per Deposition Appearance Minimum 4- hour increments Witness — Per Court Appearance _ Minimum 4- hour increments FIELD
Survev Crew _ __.___ T _ ._____
275.00

MISCELLANEOUS EXPENSE SCHEDULE
Transportation S- 625 per mile
Repmraphics, pOnts and materials Cost + 20%
In -House — 24"X36" Prints 5. 00 per print
Cooies— 8" X118 39 per page
Outside Consuitant Services Cost + 15%
Fining and Permit Fees Cost + 15%
Outside Delivery Service Cost + 15%
Ecluinment Rentals Cost _+ 15%
Special Fees Permits or Insurance Cost + 15%
This hourly rate schadure / s etlbctlIv a July 1, 2022 — June aQ 2024 The rates and fees forall serWcaes perfiorawd mg ectuent to that date shell be a* Wed to reflect increased opsys ng, ovwh" d and inflaWnary costs.
7651 Eigleberry Street 408- 842- 2173
Gilroy, CA 95020- 5122 Email-. engineering@hannabrunetti. com

DocuSign Envelope ID: 94CF3CDF- C8AO- 48BE- 9738- 6BO47AEDB418 DocuSign Envelope ID: 48D26899. 7235- 4A24- A5F4- 24DAFOB078EC

EXHIBIT C

SCHEDULE OF PERFORMANCE
CONSULTANT' S services will be on an as needed, on -call basis.

10 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager
AWARD 2024 PAVEMENT REHABILITATION PROJECT TO A.

TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION IN THE
AMOUNT OF $3,437,968

RECOMMENDATION(S)

1. Approve 2024 Pavement Rehabilitation plans and specifications;

2. Award contract to A. Teichert & Son, Inc. DBA Teichert Construction for the 2024 Pavement Rehabilitation Project in the amount of $3,437,968;

3. Authorize the expenditure of construction contingency not to exceed $343,797; and

4. Authorize the City Manager to execute and administer the construction contract with A. Teichert & Son, Inc. DBA Teichert Construction.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

The City conducts annual pavement rehabilitation projects to improve the overall pavement conditions within the City. Upon reviewing the Pavement Rehabilitation List in April 2023 for the 2024 Pavement Rehabilitation Project, adjustments were made to the proposed pavement rehabilitation treatment list during the design phase of the project.

The Updated 2024 Pavement Rehabilitation List includes the resurfacing or surface treatment of the following streets (Attachment 1):
• East Dunne Avenue Overpass between Condit Road and Laurel Road • Vineyard Blvd between Monterey Road and LaCrosse Drive

10 • Vineyard Court
• Del Monte Avenue between 2nd Street and Keystone Avenue • Keystone Avenue between Del Monte Avenue and Monterey Road • Del Monte Avenue between Ciolino Avenue and Cosmo Avenue • Manor Court
• Matilda Court
• Foothill Court
• San Pedro Avenue between Butterfield Boulevard and Walnut Grove Drive • San Ramon Drive between San Pedro Avenue and San Marcos Drive • Markross Court
• Cochrane Circle
• Digital Drive
The project's scope of work is described as follows but not limited to: Pavement, Milling and Filling, Slurry Seal, Full Depth Asphalt Concrete Pavement Repairs, Cracksealing, Replacement of all Existing Traffic Delineation and Markings, Utility Adjustments, Traffic Signal Loop Removal and Restoration, and all other related work within the City Limits.

Staff set out to prepare plans and specifications in December 2023, and the plans and specifications were completed in March 2024. The bid opening was held on April 25, 2024. Five (5) bids were received and are as listed below:

Base Bid Additive
Alternate
A. Teichert and Son, Inc.

DBA Teichert Construction
$
3,437,968.00
$
688,932.00
DeSilva Gates
Construction
$
3,843,843.00
$
594,443.00
Radius Earthwork, Inc. $
4,237,122.58
$
667,861.32
Graniterock $
4,797,249.30
$
597,168.00
O'Grady Paving, Inc. $
4,912,883.20
$
675,556.50
While the project included a base bid and an additive alternative bid, the lowest responsible bidder was based on the lowest base bid only as stipulated in the project specifications. After further review of the project's overall budget, staff recommends the award of this project for the base bid only to A. Teichert & Son DBA Teichert Construction. The low bidder's bid amount of $3,437,968 is approximately 5% higher than the engineer's estimate of $3.3 million. The low bidder, A. Teichert & Son DBA Teichert Construction, is an experienced public contractor with many years of paving construction experience. Staff recommends the award of the contract to A. Teichert & Son, Inc. DBA Teichert Construction in the amount of $3,437,968. Due to possible unforeseen conditions, staff is requesting a ten (10) percent construction contingency

10 for the project of $343,797. This project is scheduled to start in July 2024 and be completed by November 2024.

The plans and specifications are available for review on the City's webpage under the Government tab and Community Project site at
https://www.morganhill.ca.gov/1436/Project-Plans-Specifications-and-Bid-Res COMMUNITY ENGAGEMENT:

Inform
Staff understands the disruptions and cooperation needed from residents/business owners during the course of our annual pavement project. Unfortunately, the likelihood of roadway closure and disruption will happen. The project engineer, contractor, and other staff members will make best efforts to provide notification prior to and during the course of construction through citywide emails, social media posts, and regular updates on the City website. These updates will also include and inform the community of impacts, roadway closures and possible interruptions that may arise due to construction.

ALTERNATIVE ACTIONS:

City Council may elect to reject all bids for the 2024 Pavement Rehabilitation Project and direct staff to rebid the project. Rebidding the project would require City Council award and approval in July for the work to be completed in 2024. Alternatively, the City may reject all bids and delay the project to the summer of 2025. Staff does not recommend either of these alternatives as this project was competitively bid with five bids received by the City. Furthermore, rebidding the project may not yield significant savings and will delay the project for a minimum of three months.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On January 17, 2024, the City Council received the Pavement Condition Update and Pavement Rehabilitation Planning Update.

FISCAL AND RESOURCE IMPACT:

If approved, the total authorization for this project shall be $3,781,765 which includes a 10% contingency of $343,797. This project will occur in FY 24/25 and funding is proposed in the FY 24/25 Capital Improvement Budget presented to the City Council on the same date as this report. It is recommended this project be approved now ahead of the budget adoption to allow for the project to commence in July while school is not in session.

CEQA (California Environmental Quality Act):

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

10

O
0 700 1,400 2,800 4,200 5,600
Feet

LOCATION MAP
2024 PAVEMENT

REHABILITATION PROJECT
Engineering and Utilities Division
Capital Improvement Program
G:\R-14\Proj\GIS\John\Yat_JacksonOaksRelocWater.mxd

COCHRANE CIRCLE

PAVING / SLURRY SEAL

DIGITAL DRIVE

SLURRY SEAL
DUNNE AVE. FWY. 101

OVERPASS PAVING
SAN PEDRO AVE.

PAVING
SAN RAMON DR.

PAVING
MARKROSS CT.

PAVING
KEYSTONE AVE./
DEL MONTE AVE.

PAVING
DEL MONTE AVE., FOOTHILL CT.,
MATHILDA CT. AND MANOR CT.

PAVING
VINEYARD BLVD.

PAVING
VINEYARD CT.

SLURRY SEAL

11 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager
AWARD 2024 SEAL COAT & STRIPING PROJECT TO DRYCO
CONSTRUCTION, INC. IN THE AMOUNT OF $77,241

RECOMMENDATION(S)

1. Award contract to DRYCO Construction, Inc. in the amount of $77,241;

2. Authorize the expenditure of contingency funds not to exceed $7,724; and

3. Authorize City Manager to execute and administer the construction contract with DRYCO Construction, Inc.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The purpose of this item is to present the City Council with an opportunity to review and consider the contract prepared to complete the City's 2024 Seal Coat & Striping Project.

The scope of work for the 2024 Seal Coat & Striping Project will include asphalt pavement seal coating and associated striping at three locations: Morgan Hill Police Department Parking Lot, the Alkire Parking Lot at the Civic Center, and the Linear Park Trail along Northbound Butterfield Boulevard from Fisher Avenue to East Central Avenue. Bidders were asked to provide a base bid for all three locations, and a bid alternate cost to grind the thermoplastic coating along the Linear Park Trail.

In soliciting bids for this project, the City contacted licensed contractors on the City's Bidders' list with the following Contractor's State Licensing Board (CSLB) classifications:

Class A-General Engineering, C-12 Earthwork and Paving, or C-32 Parking and Highway Improvements. The bid was also advertised in the Morgan Hill Times on

11 February 23, 2024. The bid documents were posted on the City of Morgan Hill website, the Public Purchase online bid service, the County of Santa Clara Builders Exchange, Bay Area Builders Exchange, San Francisco Builders Exchange, and two online construction trade journals, Dodge & Data Analytics and the Construction Bid Board.

The bid opening was held online via a Zoom meeting on April 2, 2024, and eleven bids were received.

Bidder's Name Base Bid Bid Alternate
Always Paving, Inc.* $ 68,628.00 $26,475.00
DRYCO Construction, Inc. $ 77,241.24 $ 3,177.00
Arrow Asphalt $ 77,538.00 $ 3,893.00
Graham Contractors, Inc. $ 85,551.97 $ 9,178.00
Silicon Valley Paving, Inc. $ 85,946.20 $ 5,012.60
American Asphalt Repair &
Resurfacing Co., Inc.
$ 86,374.77 $ 6,947.04
Bond Pavement Solutions $ 86,422.84 $ 1,853.25
JP Paving and Grading, Inc. $ 89,256.00 $ 7,210.00
RNR Paving, Inc. $ 95,121.85 $ 1,756.00
Pacific Surfacing $102,814.91 Not Stated
MBS Engineering, Inc. $143,945.45 $ 2,118.00
*Deemed nonresponsive
Per the bid documents, the City elected to award the contract based on the lowest base bid. Although Always Paving, Inc. had the lowest base bid of $68,628 at the bid opening, after reviewing their bid proposal, their bid was deemed non-responsive because their CSLB license had expired. The Contractor with the next lowest base bid is DRYCO Construction, Inc. with a base bid of $77,241. The maintenance team determined that City staff can cost-effectively complete the grinding of the thermoplastic striping along the Linear Park Trail and is not recommending the inclusion of the bid alternate in the contract.

DRYCO Construction, Inc. was established in 1985, and has over 39 years of experience as a major commercial paving contractor in the Bay Area and Central Valley. They successfully completed the City's 2021 Seal Coat project, and staff was satisfied with their work. Staff recommends the award of this contract to DRYCO Construction, Inc. for $77,241, and recommends a 10% contingency of $7,724 for a total construction authorization of $84,965.

The project is anticipated to begin construction in early June, and is expected to be completed within 60 calendar days from the commencement of construction.

11 COMMUNITY ENGAGEMENT:

Inform
The Contractor is required to post signs informing the public of the dates and times of work at least three (3) days prior to the commencement of work. In addition, the City will include information about the planned project in the The Scoop.

ALTERNATIVE ACTIONS:

An alternative action would be to not approve the project or to delay the work. This is not recommended as eleven bids were received, and staff does not believe that rebidding this project would result in lower pricing.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

While the City Council has not previously taken action on this particular item, conducting seal coat paving and striping projects is an ongoing public safety activity and the Council has approved numerous contracts for seal coat paving and striping projects with the most recent award in April 2022. Due to a smaller scope of work, the contract for the 2023 project was below the $60,000 threshold amount requiring City Council approval.

The annual seal coat scope of work is planned on a rotational basis with different lots and trails receiving treatments each year.

FISCAL AND RESOURCE IMPACT:

The authorized amount for this contract is $77,241 with a 10% contingency of $7,724 for a total authorization of $84,965. This project is budgeted in Fund 741 - Building Replacement.

CEQA (California Environmental Quality Act):

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

12 CITY COUNCIL STAFF REPORT
MEETING DATE: May 15, 2024
PREPARED BY:

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager

AWARD ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

SERVICE AGREEMENTS

RECOMMENDATION(S)

1. Award maintenance service agreements to MJR Electric, Inc. and One Day Installation & Repairs, Inc. for up to $100,000 each for on-call electrical maintenance and repair services; and

2. Authorize the City Manager to execute and administer the agreements.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2024-2025 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to consider awarding agreements to two electrical contractors for on-call services in the amount of $100,000 each.

The City has contracted for electrical maintenance and repair services for many years on an on-call, as-needed basis as the City does not have the staffing resources to perform the work internally. As the City's current on-call electrical service agreements expire on June 30, 2024, a Request for Proposals (RFP) for on-call electrical maintenance and repair services was issued on February 27, 2024. All contractors responding to the RFP were required to be licensed electrical C-10 contractors by the California Contractor State Licensing Board (CSLB).

In soliciting proposals for this project, the City contacted contractors on the City's bidders' list with the CSLB C-10 electrical licensing classification. The RFP was also advertised in the Morgan Hill Times on February 23, 2024. The bids were posted on the City of Morgan Hill website, Public Purchase online bid service, County of Santa Clara Builders Exchange, Bay Area Builders Exchange, and San Francisco Builders

12 Exchange.

Three proposals were received in response to the RFP -- from MJR Electric, Inc., One Day Installation & Repairs, Inc., and JT Electric, Inc. JT Electric's proposal was incomplete and deemed non-responsive. Maintenance staff evaluated and scored the two responsive proposals based on each contractor's pricing, references, and narrative responses to questions regarding previous experience, work quality, client relations, and communication systems. Attached is a bid evaluation summary (Attachment #1).

Based upon the scoring criteria, One Day Installation & Repairs scored the highest with

86.0 points and MJR Electric scored 69.6 points. The primary reason for the point difference was One Day Installation & Repairs' lower hourly rates.

Staff believes that having a contract with more than one electrical contractor is necessary in order to ensure there is adequate coverage for on-call electrical repair services and recommends awarding contracts to both firms. If approved by the City Council, the contract terms would begin on July 1, 2024 and end on June 30, 2026 with options to extend each agreement for three, one-year periods.

COMMUNITY ENGAGEMENT:

On-call electrical maintenance and repair is a routine and standard service provided at City facilities. Staff will post signage informing the public of any electrical maintenance repairs that affect the use of City facilities. If the electrical repairs will occur over several days, a general notice will be posted on the City's website, and on Nextdoor Morgan Hill informing residents of any disruptions to services at City facilities.

ALTERNATIVE ACTIONS:

An alternative action would be to approve a contract with only one firm. This would limit the City's options when repairs are needed, and may result in impacts to public services.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council previously awarded contracts for on-call electrical repair services on June 26, 2019, and these contracts are now expiring which necessitated this RFP process.

FISCAL AND RESOURCE IMPACT:

The electrical repair costs will be included in the recommended building maintenance budgets for city facilities and parks. The total not-to-exceed amount was set at $100,000 to ensure that the contract maximum amounts do not restrict the City's capacity to obtain needed repairs in a timely manner in order to limit any disruption to services or public safety issues.

CEQA (California Environmental Quality Act):

Categorical Exemption

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

2024 City of Morgan Hill On-Call Electricians Proposals Scoring Narrative Scoring (60 points)
Points
Available MJR Electric
One Day
Installation &
Repair
Previous Experience in providing superior level service on like-sized public and/or private projects 20.0 15.0 16.0 Assessment of Work Quality, Performance and Working Relationships with Current and Recent Clients 15.0 13.0 11.0 Qualifications of Staff to be Assigned to Provide Electrical Services at City Facilities 10.0 8.0 7.0 Well Organized Communication Systems and Reporting Capabilities 15.0 13.0 12.0 Total Narrative Points (A) 60.0 49.0 46.0
Pricing Scoring (40 points) Bid Pricing Point Scoring
Price from Lowest
Bidder MJR Electric
One Day
Installation &
Repair
Points
Available MJR Electric
One Day
Installation &
Repair
Shop Rate Apprentice (M-F: 8am to 5 pm) 125.0 250.0 125.0 10.0 5.0 10.0 Shop Rate Journeyman (M-F: 8am to 5 pm) 175.0 300.0 175.0 10.0 5.8 10.0 Overtime Rate Apprentice (M-F: 5 pm to 8 am) 165.0 375.0 165.0 5.0 2.2 5.0 Overtime Rate Journeyman (M-F 5 pm to 8 am) 225.0 450.0 225.0 5.0 2.5 5.0 Saturday, Sunday and Holiday Rate-Apprentice 165.0 375.0 165.0 5.0 2.2 5.0 Saturday, Sunday and Holiday Rate- Journeyman 257.0 450.0 257.0 5.0 2.9 5.0 -
Total Pricing Points (B) 40.0 20.6 40.0
GRAND TOTAL POINTS (A + B) 100.0 69.6 86.0
Point Score is lowest bidder's price divided by
each of the bid pricing items times the number of
points available.

1 Updated: May 2023

MAINTENANCE SERVICE AGREEMENT
One Day Installation & Repairs, 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 One Day Installation & Repairs, Inc. a California corporation ("SERVICE PROVIDER") 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, 2026 at which time SERVICE PROVIDER’S services shall be completed.

The City Manager is authorized to extend the term of this Agreement for a maximum of three one-year extensions. 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 SERVICE PROVIDER shall be on-call electrical maintenance and repair services as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $100,000.00. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed OneHundred 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 SERVICE PROVIDER during that extended term period, 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 each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the immediately preceding prior year of service.

4.2. Billing. SERVICE PROVIDER 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 SERVICE PROVIDER 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 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. 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.

2 Updated: May 2023

5. Termination. CITY or SERVICE PROVIDER 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, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additional compensation to SERVICE PROVIDER. The City Manager 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 SERVICE PROVIDER 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.

5.2. Temporary Suspension of Services. CITY’S need for services may be suspended due to unforeseeable or unavoidable circumstances beyond its control. Such circumstances include, but are not limited to, earthquake, fire, explosion, flood, or other natural catastrophe; governmental legislation, condemnation, acts, orders, or regulation; war or acts of terrorism; strikes or labor difficulties; and quarantine, epidemic, or pandemic.

CITY shall provide a 5-days’ written notice or less under urgent circumstances to temporarily suspend services at specific CITY facilities. CITY reserves the right to request which CITY facilities are to be serviced or not serviced due to unforeseeable or unavoidable circumstances; and the level of service at each CITY facility. Upon suspension, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid up to the date of the suspension. No further payments will be made for services provided after the date of the suspension. CITY shall provide 5 days’ written notice when the circumstances for the suspension of specific facilities’ services are removed for SERVICE PROVIDER to commence providing services.

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER’S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. SERVICE PROVIDER is liable for any property damage caused by SERVICE PROVIDER or its Subcontractors during performance of the services and shall notify the CITY of damage within 24 hours of the occurrence. SERVICE PROVIDER must promptly repair or replace any real or personal property damage, and must promptly restore the property to its original or intended condition. CITY may repair or replace the real or personal property damage if SERVICE PROVIDER fails to do so, and the cost of the repairs or replacement may be deducted or offset from any compensation due to SERVICE PROVIDER.

6.1. Schedule. SERVICE PROVIDER 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. The 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.

3 Updated: May 2023

6.2. Storage of Service Provider’s Equipment. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER'S equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the 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 SERVICE PROVIDER'S sole risk.

7. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this Agreement, if SERVICE PROVIDER needs to use any material or chemical considered to be a hazardous material under any federal, state, or local law, regulation or policy, SERVICE PROVIDER agrees to fully and timely abide by and comply with all laws, regulations and policies pertaining to the use, transport, removal, handling, disposal, or other activity related to any and all such materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipates it may need to use to provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

8. Insurance Requirements. SERVICE PROVIDER 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 SERVICE PROVIDER, 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. SERVICE PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of CITY.

8.1. Insurance Types and Amounts.

8.1.1. Commercial General Liability (CGL). SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/Nonowned 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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

4 Updated: May 2023

8.1.3. Workers’ Compensation Insurance and Employer’s Liability. SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

8.1.4. Pollution (Environmental) Liability. If the performance of SERVICE PROVIDER’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, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER’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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.5. Professional Liability.

8.1.5.1. If the performance of SERVICE PROVIDER’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), SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to CITY for at least five (5) years after the completion of work performed under this Agreement.

8.1.5.2. If the performance of SERVICE PROVIDER’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, hardware engineers, or other systems consultants), SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

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8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER'S work or service under this Agreement involves contact with minors, SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

8.2.1. General Liability and pollution liability (when pollution liability applies).

8.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

8.2.1.2. “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, agencies, officers, agents, employees, and volunteers; and

8.2.1.3. “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. 8.2.2. Workers Compensation.

If the performance of SERVICE PROVIDER’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, SERVICE PROVIDER’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, agencies, officers, agents, employees, and volunteers.

8.3. 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.

8.4. Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER’S agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 8. Certificates, including

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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

9. Non-Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

10. Compliance with Law.

10.1. SERVICE PROVIDER 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. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, 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.

10.2. Without limiting the provisions of Section 10.1 above, each worker performing work under this Agreement shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

10.3. DIR Registration. CITY will not accept a Bid Proposal from or enter into a contract with a SERVICE PROVIDER, without first receiving proof to the satisfaction of CITY that SERVICE PROVIDER and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. Under Labor Code section 1771.4, this Agreement is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

10.4. Compliance with Wage and Hour Laws: SERVICE PROVIDER, 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

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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 SERVICE PROVIDER and/or its Subcontractors: BY SIGNING

THIS AGREEMENT, SERVICE PROVIDER 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 SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

SERVICE PROVIDER 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.

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 SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER 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. SERVICE PROVIDER 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. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where SERVICE PROVIDER 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, CITY reserves the right to withhold payment to SERVICE PROVIDER 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.

11. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.

12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER’S services under this Agreement are

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deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.

13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

14. 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 SERVICE PROVIDER is as follows:

One Day Installation & Repairs, Inc.
482 Reynolds Circle
San Jose, CA 95112
Attn: Gabriel V. Valencia, President/CEO
Address of CITY is as follows:

Keri Russell, Maintenance
Manager
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

15. Licenses, Permits and Fees. SERVICE PROVIDER 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.

16. Service Provider’s Proposal. If applicable, this Agreement shall include SERVICE PROVIDER'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.

17. Maintenance of Records.

17.1. Maintenance. SERVICE PROVIDER 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. SERVICE PROVIDER 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 SERVICE PROVIDER shall retain said records until such action is resolved.

17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER 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 CITY or as part of any audit of 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.

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17.3. Ownership of Work Product. All documents or other information developed or received by SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY. SERVICE PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

18. Familiarity with Work. By executing this Agreement, SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER'S risk, until written instructions are received from CITY.

19. Time of Essence. Time is of the essence in the performance of this Agreement.

20. No Assignment. Neither this Agreement nor any portion shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.

21. 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.

22. Defense and Indemnification.

22.1. Defense and Indemnification. SERVICE PROVIDER 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 SERVICE PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

22.2. Exceptions. SERVICE PROVIDER 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 or willful misconduct of CITY.

22.3. 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 SERVICE PROVIDER.

22.4. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER'S failure to pay CITY promptly any indemnification arising under this Section (22) and any amount due CITY from SERVICE PROVIDER arising from SERVICE PROVIDER'S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

22.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly

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understood and agreed that the obligation of SERVICE PROVIDER 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.

23. 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 SERVICE PROVIDER. 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.

24. 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.

25. 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.

26. 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.

27. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

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 are on the following page.

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29. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM: ONE DAY INSTALLATION & REPAIRS, INC.

City Attorney By:

Donald A. Larkin
Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
890565 1000024655
Contractor’s License Number(s) (if applicable) Contractor’s DIR Registration Number(s) (if applicable) Expiration Date(s) 02/28/2025 Expiration Date(s) 06/30/2025 U:\Legal Forms\Consultant Agreements\City Maintenance Service Agreement.Docx

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EXHIBIT A

SCOPE OF SERVICES
Contractor will provide full-service, on-call electrical maintenance and repair services at City facilities in compliance with all applicable laws, regulations, policies and procedures. Firms submitting bids must be prepared to immediately enter into a contract (“Agreement”) for the services and duties as set forth in this RFP.

Services to be performed include the furnishing of all labor, materials, tools, equipment, supplies, services, tasks and incidental and customary work necessary to competently perform on-call electrical maintenance and repair work at various City facilities (see Attachment A).

The work will include the provision of a total maintenance and repair program consisting of a variety of tasks including, but not limited to, laying out, installing, replacing, wiring and testing electrical service and electrical wire systems and components used to provide heat, light, power, air conditioning, and refrigeration in municipal buildings and facilities. Services may also include installing and repairing conduit and other materials; connecting electrical machinery, equipment and controls and transmission systems and servicing other electrical related issues as they arise and services necessary to insure safe, well maintained electrical systems for City employees and the public. The scope and number of projects and tasks are unknown at the time of contract execution.

The Contractor shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform electrical maintenance.

The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.

The Contractor shall respond to all requests for repairs or unscheduled emergency repairs as required, 24 hours per day, 365 days per year, including holidays. All costs for labor and materials for these calls shall be included in the proposal. Response time by the Contractor shall be within four (4) hours of all requests.

The successful proposer will be responsible for providing labor, supervision, materials, equipment, transportation, service and the shop facilities necessary to perform high quality work. Contractor will also be responsible for discarding all used materials.

It is the intent of the City of Morgan Hill to identify and establish long term partnerships with highly qualified contractors. To achieve the best level of service, the City believes that the relationship must be based on mutual trust and respect. Teamwork, flexibility, and cooperation will be essential characteristics of the successful Contractor. 2-1 SCOPE OF SERVICE The Contractor shall provide full-service on-call electrical maintenance and repair services to City Facilities as outlined in this document. Contractor shall retain professional personnel who have successfully and competently provided municipal facility electrical maintenance and repair services on projects of similar scope and complexity. It shall be the Contractor’s responsibility to effectively repair and maintain, to the satisfaction of the City representative, all aspects of electrical systems in City defined facilities with minimal downtime. All maintenance and repairs shall be provided in accordance with the

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highest standards of the industry, skill, workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws, codes and regulations. The successful Contractor’s electrical maintenance and repairs shall, at a minimum, include but not be limited to the specifications outlined herein.
2-2 SERVICES TO BE PROVIDED It is the Proposer’s responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facility electrical maintenance and repair functions during hours of operation and for response after normal working hours. Proposer shall maintain the appropriate license and will comply with all other license, insurance and permit requirements of the City, State and Federal governments, as well as all other requirements of the law. 2-3 TERM OF SERVICE The term of the contract will be from July 1, 2024 through June 30, 2026. The contract may be canceled or any portion thereof at any time during the term of service and such cancellations shall be effective upon giving thirty (30) days written notice.

The City, at its option, may renew this contract for up to three, one year periods, beginning on July 1, 2026. This option will be exercised only if the contractor has demonstrated superior performance in provision of On-Call Electrical Maintenance and Repair Services to the City.

Pricing entries in the Bid Proposal apply to the period of July 1, 2024 to June 30, 2026. If the contract is renewed, a cost escalation will be reviewed each subsequent year beginning on July 1, 2026.
2-4 WORK HOURS Scheduled maintenance and repairs shall typically occur during normal business hours. Facility business hours are:
- Aquatics Center is open weekdays from 5:00 a.m. to 8:00 p. m., Saturdays from 7:00 a.m. to 1:00 p.m. (summer season to 6:30 p.m.), and Sundays 7:00 a.m. to 10:00am. (summer season to 6:30 p.m.).
- Centennial Recreation Center is an active facility on Weekdays from 5:00 a.m. to 9:30 p.m., Saturdays and Sundays from 6:30 a.m. to 5:00 p.m. - City Hall is open Monday-Friday 8:00 a.m. – 5:00 p.m. - Chambers Building is open Monday-Friday 8:00 a.m. – 5:00 p.m. - The Community and Cultural Center is open Monday-Friday 8:00 a.m. – 5:00 p.m. - The Police Department is open Monday-Friday 8:00 a.m. – 5:30 p.m. - The Public Works Corporation Yard is open Monday-Thursday 6:30 a.m. – 4:00 p.m. and Fridays from 6:30 a.m. - 3:00 p.m.
- The Villas are open Monday-Friday 8:00 a.m. – 5:00 p.m. - Community Park Restrooms are open seven days a week 6:00 a.m. to 10:00 p.m. - Galvan Park Restroom are open seven days a week 6:00 a.m. to 10:00 p.m. - Railroad Park Restroom are open seven days a week 6:00 a.m. to 10:00 p.m. 2-5 SERVICE AVAILABILITY The contractor shall have trouble-call service available on a twenty-four hours a day, seven days a week basis with a response time not to exceed the following:

EMERGENCIES……………………….two-hour response time
NON-EMERGENCIES……………….. four-hour response time
Time to respond shall start when the City calls the problem into Contractor’s designated emergency phone number. Additionally, the contractor shall provide the ability to respond

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immediately to situations involving the health and safety of employees and/or the public and the comfort and operational capability of any public meeting space. Routine repairs, service requests or other non-urgent tasks shall be completed by journey level staff within one (1) working day from the date of request by City Representative. Contractor’s inability to respond to emergencies in a timely manner will result in a penalty fee of $100 per response. 2-6 TROUBLE-CALL/REPAIR SERVICE Should the City request the contractor to make unscheduled, emergency electrical system repairs, the City shall be responsible for labor and travel costs associated therewith. These costs, as listed in the proposal, will be a critical part of the bid evaluation in determining the lowest responsive and responsible contractor. Rates shall be firm for the term of the contract. The City reserves the right to contract with others for trouble calls and repairs.
2-7 BILLABLE WORK The Contractor shall not bill for unnecessary repairs, for repairs that were not completed satisfactorily, for repairs that did not fix an identified problem, or for facility visits that are made by staff unqualified to complete needed repairs. 2-8 STAFFING, WORKMANSHIP AND QUALITY LEVEL The Contractor shall provide a staffing level to perform on-call electrical maintenance and repair services at designated City facilities in a thorough and professional manner, so that the City is provided with reliable and high quality electrical maintenance at all times. The Contractor shall possess and maintain a C-10 General Electrical license by the State of California Contractors Licensing Board through the term of the contract. All personnel performing work under this Contract shall possess and maintain a state journeyman certification and be directly employed and supervised by the Contractor. Any assigned apprentice shall work directly under the supervision of a qualified journeyman. The Contractor shall provide management and technical supervision through competent supervisors as required. The Contractor shall be responsible for the skills, methods and actions of all employees, subcontractors and for all work done. 2-9 MAINTENANCE AND REPAIR LOCATIONS See Section 2-Attachment A 2-10 TOOLS AND EQUIPMENT The Contractor shall furnish and maintain all equipment necessary for properly servicing and maintaining electrical systems in City buildings. The City of Morgan Hill reserves the right to inspect equipment to be used to perform services under this contract. Any equipment determined to be in poor condition must be replaced immediately, at the contractor’s expense. Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for termination. 2-11 PARTS AND MATERIALS The Contractor shall furnish all parts and materials necessary for properly maintaining and repairing electrical systems in City buildings. Mark-up on parts and materials may not exceed 10% of Contractor’s cost. Invoices must identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/materials markup cost. 2-12 INSPECTIONS AND REMEDIES So as to ensure consistent quality of the work being performed, the City Representative will perform periodic inspections of electrical systems to ensure compliance with the contract specifications. Inspections may be made by the City at any time to confirm that work performed meets specifications. If corrective work is required, the City will provide a written list of items and the Contractor shall correct deficiencies as directed. If deficiencies are not corrected in a timely manner, the City may perform the work using others and deduct the cost from the Contractor's payment.

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2-13 DAMAGES The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff or subcontractors during the performance of their duties. 2-14 SAFETY & SECURITY The Contractor and staff shall follow all established safety procedures and shall take special care not to endanger themselves and the public in any way.

The Contractor is responsible for the security of all doors at the conclusion of work in each room. All exterior doors should remain locked at all times. Interior doors that are found open or unlocked shall be left in the same position/condition in which they were found. 2-15 FINGERPRINTING (Live Scan State of California Criminal Records Check): All Contractor staff who will be working on City facilities must pass a State of California Department of Justice (DOJ) Criminal Records and FBI Background Check at the contractor’s expense. The background checks can be performed at a Live Scan State of California Criminal Records Check locations or at the City of Morgan Hill Police Department. If the Contractor choses to complete the background check at the Morgan Hill Police Department, the fingerprinting appointments can be scheduled by calling 408-776-7300 or via online at https://calendly.com/mhpdrecords/30min . The Morgan Hill Police Department is located at 16200 Vineyard Boulevard, Morgan Hill. The total fee is currently $69.00 per person ($20.00 for PD appointment and $32 for DOJ check and $17 for FBI check) payable at the time of the appointment. The Contractor is responsible for providing the City of Morgan Hill with updated records check information for their employees.
2-16 EMERGENCY SITUATIONS For medical or public safety emergencies occurring at the Facilities call 9-1-1. For all building maintenance emergencies (water leaks, etc.) contact the Maintenance Manager or designated staff to report the issue immediately (24-hours/day). 2-17 REPORTS / INVOICING
All invoices should include a detailed summary of all work and repairs performed. Should a repair need to be made over $1,000 a quote will need to be provided to the City before any work can be authorized.

ATTACHMENT A

MUNICIPAL FACILITIES LOCATIONS

ELECTRICAL SYSTEMS TO BE MAINTAINED AT THESE LOCATIONS

BUILDING/FACILITY ADDRESS SQUARE FOOTAGE
Aquatics Center (office area) 16200 Condit Road 5,294
Centennial Recreation Center 171 West Edmundson Avenue 25,135 City Hall 17575 Peak Avenue 13,900
Community and Cultural Center and Playhouse 17000 Monterey Road 20,500; 5,000 Council Chamber Building 17555 Peak Avenue 12,104
Police Department 16200 Vineyard Boulevard 43,286
Public Works Corporation Yard 100 Edes Court 4,583
The Villas 535 Alkire Avenue 4,500
Dunne Hill Fire Station 2100 East Dunne Avenue
El Toro Fire Station 18300 Old Monterey Road
All other parks and City-owned properties