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
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