Agenda packet — Morgan Hill City Council, June 19, 2024 (part 1 of 4)

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, June 19, 2024 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or participate by teleconference/video conference. Information on how the public may observe and participate in the meeting is below.

MEETING PARTICIPATION
Morgan Hill City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City’s website, Facebook page, and Channel 17.

Those wishing to participate in the meetings remotely must register in advance at https://bit.ly/MHCityCouncilMeeting. Additionally, Zoom participants must be running the latest version or will be required to update to the latest version before being able to join the meeting remotely.

Remote participation is also available by calling (669) 900-9128 and entering webinar id: 873 3200 8380#. Dial *9 to raise your hand, and be called upon to speak for up to 3 minutes. Dial *6 to unmute.

PUBLIC COMMENT
Public comment may be offered verbally at the meeting or in writing before the meeting.

Those attending remotely may only offer public comment for items on the agenda in one of four categories:
• Consent Calendar

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June 19, 2024
2 • Other Business
• Public Hearings
• Closed Session
Public comment will be heard from those attending in person first with the submission of a speaker card. Once that is complete, we will move to those on Zoom that have their hand raised. Following public comment from Zoom, we will close the public comment period for that item.

Remote public comment for items not on the agenda will not be accepted.

Written public comment may be submitted to the City Clerk:
• In person at the City Council Meeting;
• Via email to [email protected]; or
• Hand delivered or mailed 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) so that your comments can be submitted to the members of the City Council with sufficient time to review them. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting.

Public comments submitted to the City Clerk after noon (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 or by email at [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

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June 19, 2024
3 CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PROCLAMATIONS
Proclaiming the month of July 2024 as Parks and Recreation Month

RECOGNITIONS
Recognizing the 2024 outgoing Library, Culture, and Arts and Parks and Recreation Commissioners

CITY COUNCIL REPORTS
Council Member Borgioli

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

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June 19, 2024
4 for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

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

1. ACCEPT THE CALIFORNIA HIGHWAY PATROL CANNABIS TAX GRANT IN THE AMOUNT OF $344,230
Recommendation:

1. Adopt a Resolution Accepting the California Highway Patrol Cannabis Tax Grant in the amount of $344,230; and

2. Authorize the City Manager to execute the California Highway Patrol Cannabis Tax Grant agreement.

2. ADOPT AMENDED RESOLUTION PLACING A MEASURE ON THE BALLOT

TO ENACT A TWELVE CONSECUTIVE YEAR LIMIT ON COMBINED

MAYORAL, CITY COUNCIL, AND TREASURER SERVICE
Recommendation:

Adopt an amended resolution placing a measure on the ballot to enact a twelve consecutive year limit on combined Mayoral, City Council, and Treasurer service.

3. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A MEMORANDUM OF AGREEMENT TO PARTICIPATE IN THE REGIONAL

PUBLIC FACILITY RESILIENCY IMPLEMENTATION PROJECT AND
SECURE GRANT FUNDS IN AN AMOUNT OF $3.6 MILLION
Recommendation:

1. Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Memorandum of Agreement as a Partner Agency for the purpose of securing grant funds in the amount of $3,599,871 from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program.

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June 19, 2024
5 2. Authorize the City Manager or her designee to negotiate and execute any documents necessary to accept and effectuate the grants.

4. APPROVE A CONSULTANT AGREEMENT WITH CSG CONSULTANTS, INC.

FOR BUILDING PLAN REVIEW SERVICES FOR A TOTAL NOT TO EXCEED AMOUNT OF $320,000
Recommendation:

Approve the professional services agreement with CSG Consultants, Inc, for Building Division plan review services for a total not to exceed amount of $320,000.

5. APPROVE A TWO-YEAR CONSULTANT AGREEMENT WITH PLANET
FUTSAL, INC. DBA FUTSAL KINGZ TO PROVIDE YOUTH FUTSAL,

SOCCER CLASSES, AND CAMPS FOR A TOTAL NOT TO EXCEED
AMOUNT OF $150,000
Recommendation:

Authorize the City Manager to execute a two-year consultant agreement with Planet Futsal, Inc. DBA Futsal Kingz to provide youth futsal, soccer classes, and camps not to exceed to $150,000, with a one-year extension option, subject to budget appropriation.

6. APPROVE CONSULTANT AGREEMENT WITH HOUSEKEYS, INC FOR

BELOW MARKET RATE (BMR) HOMEOWNERSHIP AND RENTAL

PROGRAM ADMINISTRATION SERVICES
Recommendation:

1. Approve Consultant Agreement for Below Market Rate Housing (BMR) Homeownership and Rental Program services through June 30, 2028, for $2,489,095 from July 1, 2024 – June 30, 2028 with optional extension; and

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

7. APPROVE ENGINEERING-RELATED CONSULTANT AGREEMENTS FOR

DESIGN PROFESSIONALS FOR ON-CALL ENGINEERING PLAN REVIEW &

TECHNICAL SUPPORT SERVICES, AND ON-CALL MAP REVIEW & CITY

SURVEYOR SERVICES
Recommendation:

Approve and authorize the City Manager to execute and administer six agreements to be specifically authorized by the City Manager:

1. CSG CONSULTANTS, INC. in the amount of $1,324,130, and $883,836 additional compensation on an extended two-year term, for a total agreement amount not to exceed $2,207,966 to provide both On-Call

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June 19, 2024
6 Engineering Plan Review & Technical Support Services, and On-Call Map Review & City Surveyor Services;

2. HARRIS & ASSOCIATES, INC. in the amount of $519,000, and $390,000 additional compensation on an extended two-year term, for a total agreement amount not to exceed $909,000 to provide On-Call Engineering Plan Review & Technical Support Services;

3. GHIRARDELLI ASSOCIATES, INC. in the amount of $126,000, and $96,000 additional compensation on an extended two-year term, for a total agreement amount not to exceed $222,000 to provide On-Call Engineering Plan Review & Technical Support Services;

4. ASSOCIATED ENGINEERING-SURVEYING SERVICE, INC., doing business as HANNA-BRUNETTI in the amount of $144,000, and $109,000 additional compensation on an extended two-year term, for a total agreement amount not to exceed $253,000 to provide On-Call Map Review & City Surveyor Services;

5. RUGGERI-JENSEN-AZAR (RJA) in the amount of $39,000, and $29,000 additional compensation on an extended two-year term, for a total agreement amount not to exceed $68,000 to provide On-Call Map Review & City Surveyor Services; and

6. MNS ENGINEERS, INC. in the amount of $39,000, and $29,000 additional compensation on an extended two-year term, for a total agreement amount not to exceed $68,000 to provide On-Call Map Review & City Surveyor Services.

8. APPROVE THE JUNE 5, 2024 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

9. AWARD ON-CALL DOOR AND GATE REPAIR MAINTENANCE SERVICE

AGREEMENT WITH WEST COAST DOORS AND GATES FOR A TOTAL NOT TO EXCEED AMOUNT OF $200,000
Recommendation:

1. Award a two-year maintenance service agreement to West Coast Doors and Gates for a not to exceed amount of $200,000 for on-call door and gate repair services with three one-year extensions, subject to budget appropriation; and

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

OTHER BUSINESS

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June 19, 2024
7 10. APPROVE THE REAL PROPERTY AGREEMENT WITH FATTORIA PUBLIC MARKET, INC. TO LEASE AND OPTION FOR SALE OF CITY OWNED

AGRICULTURAL PROPERTY FOR AGRI-TOURISM DEVELOPMENT
Recommendation:

1. Authorize the City Manager to execute an option to lease with future option of sale of City-owned Agricultural Property to Fattoria Public Market; and

2. Authorize the City Manager to execute future lease and sale agreements as outlined in the option agreement.

11. CONSIDER UPDATES TO COUNCIL POLICY 97-01 REGARDING RULES

FOR CONDUCT OF COUNCIL MEETINGS, PLACEMENT OF ITEMS ON THE

AGENDA, AND MATTERS TO BE RECONSIDERED
Recommendation:

Consider updates to City Council Policy CP 97-01 related to not taking a position on matters outside of the Morgan Hill City Council’s subject matter jurisdiction.

PUBLIC HEARINGS

12. ADOPT THE FISCAL YEAR (FY) 2024-25 AND 2025-26 OPERATING BUDGET, FY 2024-25 THROUGH 2029-30 CAPITAL IMPROVEMENT
PROGRAM BUDGET, ADOPT FY 2024-25 APPROPRIATIONS LIMIT,
APPROVE FY 2024-25 COMMUNITY FUNDING RECOMMENDATIONS,
ADOPT FY 2023-24 BUDGET AMENDMENT, AND ADOPT THE REVISED

SALARY SCHEDULES FOR AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES; MANAGEMENT, PROFESSIONAL, AND
CONFIDENTIAL EMPLOYEES EFFECTIVE JUNE 23, 2024; AND ELECTED

OFFICIALS AND COUNCIL APPOINTED POSITIONS EFFECTIVE
DECEMBER 2024
Recommendation:

1. Open/Close Public Hearing; and

2. Adopt resolution to:
a. Adopt the FY 2024-25 and 2025-26 Operating Budget; and b. Adopt the FY 2024-25 through 2029-30 Capital Improvement Program Budget; and
c. Adopt the 2024-25 Appropriations Limit and Appropriations Limit Adjustment Factors; and

3. Approve the FY 2024-25 Community Funding recommendations; and

4. Adopt resolution to amend FY 2023-24 Budget; and

5. Adopt the revised salary schedules for American Federation of State, County, and Municipal Employees; Management, Professional, and Confidential Employees effective June 23, 2024; and Elected Officials and Council Appointed Positions effective December 2024.

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June 19, 2024
8 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

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June 19, 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 described in the notice of this meeting during consideration of that item. If you wish to address the Council on any item on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk before the City Council discussion on the item. You are not required to give your name on the speaker card 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 participating via Zoom, please raise your virtual hand to be called. When called, you will be unmuted and recognized for speaking. 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 note that public comment for items not on the agenda are not accepted virtually.

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].

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June 19, 2024
10

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Parks and

RECREATION MONTH
July is Parks and Recreation Month and we’re celebrating all month long! Join us for these free events and programs happening in Morgan Hill.

Residents are welcome to spend the day using the fitness center, taking group exercise classes, swimming in the indoor pool, and being a part of the CRC community. Kids Club not included. Proof of Morgan Hill residency is required.

Residents are welcome to spend the day splashing into fun at the Morgan Hill Aquatics Center. Proof of Morgan Hill residency is required. Visit www.mhaquaticscenter.com for pool and facility rules.

Join us at the Splash Pad for free water play and otter pops! Join us at the Magical Bridge Playground for part II of “Got Talent”! This is a great opportunity to share your talent with our community on stage! All talents are welcome, including but not limited to instruments, dancing, singing, storytelling, etc.

Join us at the outdoor pickleball courts located inside of Community Park for a free introductory class.

Learn how to play the fastest growing sport in America! Bring water, wear comfortable clothes/shoes, and get ready to have fun!

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1 CITY COUNCIL STAFF REPORT
MEETING DATE: June 19, 2024
PREPARED BY:

Mario Ramirez, Police Captain
APPROVED BY: City Manager

ACCEPT THE CALIFORNIA HIGHWAY PATROL CANNABIS TAX
GRANT IN THE AMOUNT OF $344,230

RECOMMENDATION(S)

1. Adopt a Resolution Accepting the California Highway Patrol Cannabis Tax Grant in the amount of $344,230; and

2. Authorize the City Manager to execute the California Highway Patrol Cannabis Tax Grant agreement.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
Vision Zero
REPORT NARRATIVE:

On February 20, 2024, Morgan Hill Police Department (MHPD) applied for a grant to bolster our ongoing efforts to reduce impaired driving within our Community.

MHPD sought funding for two 2024 Dodge Durango police vehicles, two 2024 BMW 1250 RT police motorcycles, a Driving Under the Influence (DUI) Checkpoint trailer, and funding for 20 DUI saturation patrols and two DUI checkpoints.

The equipment and saturation patrols have proven to be effective ways of identifying impaired drivers and removing them from our City’s roadways. The DUI Checkpoints are valuable in identifying DUI motorists but also in public education regarding the effects of alcohol and operating a motor vehicle.

On June 6, 2024, California Highway Patrol’s (CHP) Cannabis Tax Fund Grant Program

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1 (CTFGP) has conditionally approved $344,230 for MHPD.

In order to receive this grant funding, CHP is requesting documentation from the City of Morgan Hill City Council authorizing MHPD to receive the requested funding.

Additionally, staff recommend the City Council authorize the City Manager to enter into the Grant Agreement with CHP's CTFGP.

COMMUNITY ENGAGEMENT:

This staff report will serve as the instrument to inform the community of the Agreement between the City of Morgan Hill and CHP’S CTFGP.

ALTERNATIVE ACTIONS:

The City Council could choose not to approve this grant funding and MHPD will not staff additional saturation patrols or obtain additional equipment for DUI enforcement.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

MHPD has received Selective Traffic Enforcement Program (STEP) grants through the Office of Traffic Safety (OTS) and the CHP Cannabis Tax Grant (CHP-CTG).

Below is the grant cycles and the amount awarded to MHPD from OTS. 10/1/2007 to 9/30/2008 - $9,536
10/1/2009 to 9/30/2010 - $13,131
10/1/2010 to 9/30/2011 - $18,895
10/1/2012 to 9/30/2013 - $24,750
10/1/2013 to 9/30/2014 - $36,800
10/1/2018 to 9/30/2019 - $43,000
10/1/2023 to 10/1/2024- $60,000
07/1/2023 to 07/1/2024- $ 10,144 (CHP-CTG)
FISCAL AND RESOURCE IMPACT:

Below is a matrix outlining the requested funding from CHP’S CTFGP. Additional appropriations will be added to tonight's Budget Hearing and Adoption.

California Highway Patrol Cannabis Tax Fund Grant Program 20 Saturation Patrols $19,860.00
Labor Costs:
2 DUI Checkpoints
(x10 Officers)
$26,480.00
2024 Dodge Durango Pursuit AWD V-8 (x2)
$110,030.00

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1 Equipment Costs: 2024 BMW R 1250 RT (x2) $58,409.22
DUI Checkpoint Trailer $65,735.50
Other Direct Costs: 2024 Dodge Durango Outfitting (x2) $42,242.64 2024 BMW R 1250 RT Outfitting (x2) $21,472.24
Total requested: $344,229.60
CEQA (California Environmental Quality Act):

Not a Project - Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.

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State of California -- Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 6, 2024
File No.: 060.15426.17369
John Kuhlen
Morgan Hill Police Department
16200 Vineyard Boulevard
Morgan Hill, CA 95037
Dear Mr. Kuhlen:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Morgan Hill Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $344,229.60. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division

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RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORGAN HILL AUTHORIZING THE CITY MANAGER OR HER
DESIGNEE TO ACCEPT A GRANT PAYMENT OF $344,229.60
FROM CALIFORNIA HIGHWAY PATROL’S CANNABIS TAX

FUND GRANT PROGRAM
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting the purchase described in, and that is the subject of, this Resolution are set forth in detail in that certain City Council Staff Report entitled Accept the California Highway Patrol Cannabis Tax Grant submitted for City Council consideration at its meeting of June 19, 2024, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which meeting the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the activities allowed under this Resolution do not constitute a project under the provisions of California Environmental Quality Act of 1970; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:

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City of Morgan Hill
Resolution No. 24-XXX

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a. That the City is in support of the payment for the purchase of two 2024 Dodge Durango police vehicles, two 2024 BMW 1250 RT police motorcycles, a Driving Under the Influence (DUI) Checkpoint trailer, and funding for 20 DUI saturation patrols and two DUI checkpoints and therefore approves receipt of the grant funding.
b. That the City Manager is hereby delegated authority to and is authorized to take all other ministerial actions that may be necessary or appropriate to implement the provisions of this Resolution.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 19th day of June 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 June 19, 2024.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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2 CITY COUNCIL STAFF REPORT
MEETING DATE: June 19, 2024
PREPARED BY:

Michelle Bigelow, City Clerk
APPROVED BY: City Manager

ADOPT AMENDED RESOLUTION PLACING A MEASURE ON THE

BALLOT TO ENACT A TWELVE CONSECUTIVE YEAR LIMIT ON

COMBINED MAYORAL, CITY COUNCIL, AND TREASURER SERVICE

RECOMMENDATION(S)
Adopt an amended resolution placing a measure on the ballot to enact a twelve consecutive year limit on combined Mayoral, City Council, and Treasurer service.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
REPORT NARRATIVE:

On February 21, 2024, the Council adopted resolutions calling for the November 5, 2024, election and placing two measures on the ballot; one proposing changing the mayor's term from two to four years and the second to place term limits in place for the Mayor and Council (Attachment 1). At the June 5, 2024, City Council meeting, the Council directed staff to bring an amended term limit ballot measure resolution forward at the June 19, 2024, meeting to include the treasurer position.

Background
Government Code Section 36502(b) specifies that the City Council or the residents of the City may propose, by initiative, a proposal to limit the number of terms a member of the City Council may serve on the City Council or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless the proposition is submitted to the electors of the City at a regularly scheduled election and a majority of the votes cast favor its adoption. Limitations may be placed on the number of consecutive terms that Council Members may serve and may also be placed on the number of terms that a person may serve during their lifetime.

In addition, pursuant to Government Code Section 36502(b), a term limit ordinance applies only prospectively. This means that any term of office that commenced before

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2 the ordinance's effective date would not count as a term served for implementing the ordinance. In the case of the treasurer, if the ballot measure passes, the 12 year term would start in 2028.

COMMUNITY ENGAGEMENT:

This report serves to inform the Community of the City Council's discussion regarding term limits for the City Treasurer.

ALTERNATIVE ACTIONS:

The City Council may direct staff to take no further action.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 3, 2023, the Council directed staff to bring back this topic for Council consideration. On June 7, 2023, the Council directed staff to research term limits and bring information back to the City Council to review and provide direction. On January 17, 2024, the Council discussed enacting term limits for the Council and commissions and whether or not to change the Mayor's term from two to four years. The Council decided to continue the conversation to a future meeting. On February 21, 2024, the Council adopted resolutions calling for the November 5, 2024, election and placing two measures on the ballot; one proposing changing the mayor's term from two to four years and the second to place term limits in place for the Mayor and Council. At the June 5, 2024, City Council meeting, the Council directed staff to bring an amended term limit ballot measure resolution forward at the June 19, 2024, meeting to include the treasurer position.

FISCAL AND RESOURCE IMPACT:

Amending the current ballot measure resolution to add the treasurer does not incur an additional cost. The current estimated cost for a ballot measure is $60,000.

CEQA (California Environmental Quality Act):

Not a Project.

Organizational or administrative activities of governments will not result in direct or indirect physical changes in the environment.

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15 CITY COUNCIL STAFF REPORT
MEETING DATE: February 21, 2024
PREPARED BY:

Michelle Bigelow, City Clerk
APPROVED BY: City Manager

ADOPT RESOLUTIONS CALLING FOR A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024; PLACING

A MEASURE ON THE BALLOT TO ENACT A TWELVE CONSECUTIVE
YEAR LIMIT ON COMBINED MAYORAL AND CITY COUNCIL SERVICE;

PLACING A MEASURE ON THE BALLOT TO AMEND THE CURRENT
TWO-YEAR MAYORAL TERM TO A FOUR-YEAR TERM; AND

PROVIDE DIRECTION REGARDING TERM LIMITS FOR CITY BOARDS AND COMMISSIONS.

RECOMMENDATION(S)

1. Adopt Resolution A calling for a General Municipal Election to be held on Tuesday, November 5, 2024, to elect a Mayor, one Council Member from District A, one Council Member from District C, and the City Treasurer;

2. Adopt Resolution B requesting the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters Office - and the Consolidation of the Election;

3. Adopt Resolution C placing a measure on the ballot to enact a twelve consecutive year limit on combined Mayoral and City Council service;

4. Adopt Resolution D placing a measure on the ballot to amend the current twoyear Mayoral Term to a four-year term; and

5. Provide direction regarding term limits for boards and commissions.

On May 3, 2023, the Council directed staff to bring this topic back for Council consideration. On June 7, 2023, the Council directed staff to research term limits and bring information back to the City Council to review and provide direction. The City of Morgan Hill does not have term limits for the Council or commissions. Should the City

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15 Council want to put term limits in place for the elected positions of Mayor and Council Member, it would require voter approval. Term limits for commissions can be put in place by the Council's adoption of an ordinance. On January 17, 2024, the Council discussed enacting term limits for the Council and commissions and whether or not to change the Mayor's term from two to four years. The Council decided to continue the conversation to a future meeting.

A few term-limit ordinances are currently being used throughout the state, and they generally fall within four models. However, these are examples, and the Council may choose term limits that serve our Community in the best way:
• Two or three consecutive four-year terms for Council Members and two or more consecutive two-year terms for the Mayor are followed by a hiatus of a specified duration (typically one, two, or four years) before the incumbent can seek election to additional terms.
• Two or three consecutive terms of four years for Council Members and two or more terms of two years for the Mayor.
• Eight or ten-year maximum consecutive terms for Council Members and the Mayor, followed by a hiatus of a specified duration (typically 1, 2, or 4 years) before the incumbent is eligible to seek election to additional terms. • Eight or ten-year maximum consecutive terms for Council Members and the Mayor.

In addition, pursuant to Government Code Section 36502(b), a term limit ordinance applies only prospectively. This means that any term of office that commenced before the ordinance's effective date would not count as a term served for implementing the ordinance.

NEXT STEPS:

Calling for the November 5, 2024, General Election
Pursuant to Election Code § 10002, the attached Resolution “A” calls for a General Municipal Election to be held on Tuesday, November 5, 2024, to elect a Mayor for a

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15 two-year term; one Council Member from District A for a four-year term; one Council Member from District C for a four-year term, and the City Treasurer for a four-year term.

Section 7 of Resolution “A” provides “that in the event of a tie vote (if any two or more persons receive, an equal and the highest number of votes for an office) the City Council, in accordance with Election Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.” The Council can adopt Resolution “A”, as presented, with the requirement that a tie vote will be resolved by special election. Should the Council wish to resolve a tie vote by lot, the Council should amend Section 7 of the Resolution “A” to read:
“SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara, Registrar of Voters Office, the City Council, in accordance with Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.” Section 5 of Resolution “B”, Candidates’ Statements, establishes a 200-word limitation for the Candidates’ Statements. Per City Council Resolution No. 16-005, Section 6 of Resolution B provides that candidates pay half the estimated costs to submit a “Candidate Statement.” The Santa Clara County Registrar of Voters Office has not yet provided Candidate Statement estimates.

The City Council typically certifies the general municipal election results in the second week in December following the election.

Proposed Ballot Measures
If the Council wants to place a term limit measure on the November 2024 ballot, staff has prepared a draft ballot measure that would:
• Limit individuals to consecutive terms of 12 years as either Mayor or Council Member.
• Allow a termed-out Mayor or Council Member to run for election again after a waiting period of four years.

These terms can be modified per City Council direction.

If the Council wishes to change the Mayor's term from 2 years to 4 years, staff has prepared a draft ballot measure to extend the Mayoral term.

Term Limits for Boards and Commissions

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15 Chapter 2.22.010 of the Morgan Hill Municipal Code established four formal Boards and Commissions. These are the Planning Commission, the Parks and Recreation Commission, the Library Culture and Arts Commission, and the Disaster Council.

Currently, there are no term limits for any of the boards and commissions. Staff is seeking direction regarding the following:
• Should the City adopt term limits for some or all of the boards and commissions? • If the Council wants to adopt term limits for boards and commissions, how long should members be allowed to serve?
• If a member is termed out, should the member be allowed to serve on a different board or commission?
• Should a termed-out member be allowed to apply again after a waiting period, and if so, what should the waiting period be?
• Should term limits for boards and commissions be set by policy, which allows flexibility in the event that there is difficulty in filling vacancies, or should term limits be enacted by ordinance, which requires a formal process to amend.

COMMUNITY ENGAGEMENT:

This report serves to inform the Community of the City Council's discussion regarding term limits.

ALTERNATIVE ACTIONS:

The City Council may direct staff to take no further action.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

FISCAL AND RESOURCE IMPACT:

Should the City Council move forward with placing a measure(s) on the ballot, the estimated cost is $60,000 per ballot measure.

CEQA (California Environmental Quality Act):

Not a Project.

Organizational or administrative activities of governments will not result in direct or indirect physical changes in the environment.

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State of California

GOVERNMENT CODE
Section 36502
36502. (a) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code.

If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.
(b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve.

Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision.
(Amended by Stats. 1995, Ch. 432, Sec. 5. Effective January 1, 1996.)

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Term Limits
February 21, 2024

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Term Limits Examples
1 Council Member Term = 4 years
Mayor Term = 2 years

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Council Discussion/Action
2 • Does the City Council wish to put term limits in
place?
o Yes:
§ Direct staff to bring back a resolution placing
term limits on the November 2024 ballot.
§ Provide direction to staff on:

Ø Term limits per seat i.e. Council Member x
terms and Mayor x terms
Or
Ø Term limits of total x consecutive years

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Council Discussion/Action Cont.
3 § Provide direction ..:

Ø Whether to allow a hiatus between term
limits
Or
Ø Create a lifetime term limit
• Does the City Council wish to put term limits in
place for commissions?
• Yes:
• Direct staff to bring back an ordinance
codifying term limits for commissions.

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Council Discussion/Action Cont.
4 • Does the City Council wish to change the mayoral
term from two to four years?
o Yes:
§ Direct staff to bring back a resolution placing
the mayoral term on the November 2024
ballot.

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QUESTIONS?
5

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RESOLUTION “A”
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL, CALIFORNIA, CALLING, AND

GIVING NOTICE FOR THE HOLDING OF A GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE

LAWS OF THE STATE OF CALIFORNIA RELATING TO

GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Morgan Hill, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor for the full term of two-years, a Member of the City Council from District “A”, a Member of the City Council from District “C”, and a City Treasurer for the full terms of four-years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the Registrar of Voters of the County of Santa Clara to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

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City of Morgan Hill
Resolution No. 24-XXX

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SECTION 7. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 21st day of February 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 February 21, 2024.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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RESOLUTION “B”
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL, CALIFORNIA, REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF SANTA

CLARA TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024 WITH THE GUBERNATORIAL STATEWIDE

GENERAL ELECTION TO BE HELD ON THE SAME
DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Morgan Hill called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of the election of a Mayor, a Member of the City Council from District “A”, a Member of the City Council from District “C”, and a City Treasurer, and;
WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide Gubernatorial General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters Office of the County of Santa Clara canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide Gubernatorial General Election on Tuesday, November 5, 2024, for the purpose of the election of a Mayor, a Member of the City Council from District A, a Member of the City Council from District C, and a City Treasurer.

SECTION 2. That the Board of Supervisors of the County of Santa Clara is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election.

SECTION 3. That the Registrar of Voters of the County of Santa Clara is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide/general election.

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City of Morgan Hill
Resolution No. 24-XXX

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SECTION 4. That the City of Morgan Hill recognizes that additional costs will be incurred by the County of Santa Clara by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 5. Candidate Statements. Candidates shall not be permitted to submit materials other than the Candidate Statement with the sample ballot and voter’s pamphlet. The Candidate Statement shall be two hundred (200) words or less.

SECTION 6. Candidate Statement Fee. Pursuant to City Council Resolution No. 16-005, adopted January 20, 2016, candidates will be required to pay half of the costs charged by the Santa Clara County Registrar of Voters Office to submit and publish a Candidate Statement at the time the Candidate Statement is filed with the City Clerk.

SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters Office of the County of Santa Clara.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 21st day of February 2024.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
____________________________ ____ ___________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution No. 24-XXX

Page 3 of 3 ends

 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 a regular meeting held on February 21, 2024.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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RESOLUTION “C”
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN

HILL, CALIFORNIA, SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024,GENERAL MUNICIPAL ELECTION, A BALLOT

MEASURE TO ENACT TERM LIMITS FOR CITY COUNCIL

MEMBERS
WHEREAS, a General Municipal Election has been called and is to be held in the City of Morgan Hill, California, on Tuesday, November 5, 2024; and, WHEREAS, Government Code section 36502 provides that a general law city may enact limits on the number of terms a member of the city council may serve by a majority vote of the electors of the city; and,
WHEREAS, on February 21, 2024, the City Council met and considered a proposal to place term limits on the November 5, 2024, ballot; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to the requirements of the State of California, at the General Municipal Election on Tuesday, November 5, 2024, the following question shall be submitted to the voters:

Shall the measure amending the Morgan Hill Municipal Code YES to establish a twelve consecutive year limit on combined mayoral and city council service be adopted? NO
and
SECTION 2. That the text of the ballot measure is attached to this resolution as Attachment A.

SECTION 3. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 4. The election on this measure shall be held, voting precincts designated, ballots be printed, polls opened and closed, ballots counted and returned, returns canvassed, the returns made, and result ascertained and determined, and all other proceedings conducted in connection with the election, under the regulations of the Registrar of Voters of Santa Clara

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City of Morgan Hill
Resolution 24-XXX

Page 2 of 4 ends

County, in accordance with the provisions of the law governing general municipal elections in general law cities.

SECTION 5. The City Council authorizes all members of the City Council to file written argument(s) In Favor of or Against the measure described in Section 1 above, not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

SECTION 6. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted to the City Clerk.

SECTION 7. The primary arguments for and against the measure shall be submitted to the City Clerk by five p.m. on August 9, 2024, to meet the deadline established by the Santa Clara County Registrar of Voters for primary arguments. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of the Argument to be provided by the City Clerk.

SECTION 8. In accordance with Elections Code section 9285(b), the City of Morgan Hill hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.

The elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments.

The author, or a majority of the authors, of any argument relating to the measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

A rebuttal argument may not be signed by more than five authors.

The rebuttal arguments shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, by five p.m. on August 16, 2024, to meet the deadline established by the Santa Clara County Registrar of Voters for rebuttal arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be provided by the City Clerk and to be filed by the author(s) of the argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each

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City of Morgan Hill
Resolution 24-XXX

Page 3 of 4 ends

rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 9. The City Attorney shall prepare an impartial analysis of the measure.

SECTION 10. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 11. If, at the election, a majority (50% plus 1) of the votes cast on the measure are in favor of the measure, then the measure shall be deemed to have been accepted and approved by the votes upon the date that the City of Morgan Hill declares the vote and shall go into effect ten (10) days after that date, pursuant to Section 9217 of the Elections Code.

SECTION 12. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

SECTION 13. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 21st day of February 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
 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 a Regular Meeting held on February 21, 2024.

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

DATE:_____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution 24-XXX

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ATTACHMENT A
ORDINANCE NO. ______, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL ADDING
A NEW SECTION 1.16.025 (“TERM LIMITS”) TO CHAPTER

1.16 (“ELECTIONS”) OF TITLE 1 (“GENERAL PROVISIONS”)

OF THE MORGAN HILL MUNICIPAL CODE
THE PEOPLE OF THE CITY OF MORGAN HILL DO ORDAIN AS FOLLOWS:

SECTION 1: Section 1.16.025 (“Term Limits”) of Chapter 1.16 (“ELECTIONS”) of Title 1 (“GENERAL PROVISIONS”) is hereby added to read as follows:

1.16.025 – Term Limits
A. A person may serve a combined maximum of twelve consecutive years of elective terms as either a City Councilmember or as Mayor.

B. Once a person reaches the combined consecutive elective terms provided in subsection A, the former Councilmember or Mayor is not eligible to be a candidate for election or appointed to serve again on the City Council until the expiration of four years following the end of the officer’s elective service.

C. If a person has only two available years of service remaining under the combined term limit provided in subsection (A), that person is not eligible to be a candidate for a four-year seat until the expiration of four years following their last service. The person may thereafter serve as Mayor, or a Councilmember as provided in subsection (B).

SECTION 2. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

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RESOLUTION “D”
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN

HILL, CALIFORNIA, SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION, A BALLOT

MEASURE TO ENACT TERM LIMITS FOR CITY COUNCIL

MEMBERS
WHEREAS, a General Municipal Election has been called and is to be held in the City of Morgan Hill, California, on Tuesday, November 5, 2024; and, WHEREAS, in 1996, the electors of Morgan Hill enacted a measure creating a directly elected mayor with a mayoral term of two years; and
WHEREAS, Government Code section 34900 provides that a general law city may submit to the electors the question of whether an elected mayor shall serve a two-year or a fouryear term; and, WHEREAS, on February 21, 2024, the City Council met and considered a proposal to place a measure on the November 5, 2024, ballot to extend the mayoral term to four years; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to the requirements of the State of California, at the General Municipal Election on Tuesday, November 5, 2024, the following question shall be submitted to the voters:

Shall the measure to have the term of office for the directly YES elected Mayor of Morgan Hill be four years rather than the current two years be adopted? NO
and
SECTION 2. That the text of the ballot measure is attached to this resolution as Attachment A.

SECTION 3. The ballots to be used at the election shall be in the form and content as required by law.

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City of Morgan Hill
Resolution No. 24-XXX

Page 2 of 4 ends

SECTION 6. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted to the City Clerk.

SECTION 8. In accordance with Elections Code section 9285(b), the City of Morgan Hill hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.

The elections official shall send a copy of an argument in Favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in Favor of the measure immediately upon receiving the arguments.

A rebuttal argument may not be signed by more than five authors.

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City of Morgan Hill
Resolution No. 24-XXX

Page 3 of 4 ends

by the Form of Statement to be provided by the City Clerk and to be filed by the author(s) of the argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 9. The City Attorney shall prepare an impartial analysis of the measure.

SECTION 10. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 11. If, at the election, a majority (50% plus 1) of the votes cast on the measure are in Favor of the measure, then the measure shall be deemed to have been accepted and approved by the votes upon the date that vote is declared by the City of Morgan Hill and shall go into effect ten (10) days after that date, pursuant to Section 9217 of the Elections Code.

SECTION 13. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 21st day of February 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
 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. , adopted by the City Council at a Regular Meeting held on February 21, 2024.

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

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City of Morgan Hill
Resolution No. 24-XXX

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DATE:_____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

ATTACHMENT A
ORDINANCE NO. ______, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING SUBSECTION A. OF SECTION 1.16.020
(“ELECTION OF CITY COUNCIL MEMBERS”) OF CHAPTER

1.16 (“ELECTIONS”) OF TITLE 1 (“GENERAL PROVISIONS”)

OF THE MORGAN HILL MUNICIPAL CODE
THE PEOPLE OF THE CITY OF MORGAN HILL DO ORDAIN AS FOLLOWS:

SECTION 1: Subsection A of Section 1.16.020 (“Election of City Council Members”) of Chapter 1.16 (“ELECTIONS”) of Title 1 (“GENERAL PROVISIONS”) is hereby amended to read as follows:

1.16.025 – Term Limits
“A. As established by measures D and E, enacted by the voters on March 26, 1996, and as amended by the voters on November 5, 2024, the mayor shall be elected directly by the electors for a term of four years.”
SECTION 2. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

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From: Yvonne Chavez
To: CC Public Comment
Subject: [EXTERNAL] Term Limits for City Counsel
Date: Wednesday, September 6, 2023 1:40:11 PM
To all concerned
I am voicing my opinion that I believe we should have Term Limits for City Counsel. We need to have constant and fresh eyes for keeping the wonderful town growing at the right pace. Some times I think members all they see are dollar signs and it’s pushing the business and good people out of town. Keep it real.

Yvonne Chavez
Long time resident
Sent from my iPhone
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

Supplements from the 1/17/24
City Council meeting

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From: Yvonne Chavez
To: CityCouncil
Subject: [EXTERNAL] Term limits
Date: Wednesday, September 6, 2023 1:32:04 PM
Hi
I am sending my desire to set term limits for city council.

This I believe will keep the ideas fresh and up to date.

Please consider for tonight meeting.

Regards
Yvonne Chavez
Home Owner in
Morgan Hill
Sent from my iPhone
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

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From: Christina Turner
To: Kim Mancera; Michelle Bigelow
Subject: FW: [EXTERNAL] No Term Limits
Date: Monday, January 15, 2024 7:43:55 PM
To supplement.

From: Carolyn Wallace <[email protected]>
Sent: Monday, January 15, 2024 5:56 PM
To: Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>; Mark Turner <[email protected]> Subject: [EXTERNAL] No Term Limits
Dear Morgan Hill City Council:

I am a resident of Morgan and asked that you please vote to oppose term limits.

We need effective leadership and limits should not be imposed, Thank you,
Carolyn Wallace
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Page 46 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Oppose Term Limits
Date: Monday, January 15, 2024 7:43:44 PM
To supplement.
-----Original Message-----
From: [email protected] <[email protected]>
Sent: Monday, January 15, 2024 6:13 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]> Subject: [EXTERNAL] Oppose Term Limits
I am a citizen of Morgan Hill and I asked that you please vote to oppose term limits.

We need good leaders and the citizens should be able to elect the leaders they want, it should not be based on time in service, it should be based on performance in office.

Thank you,
Eric Wallace
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Page 47 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Re: Term Limits
Date: Tuesday, January 16, 2024 8:49:54 AM
Supplement.

From: Tim Herlihy <[email protected]>
Sent: Tuesday, January 16, 2024 7:33 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Rene Spring <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>; Yvonne Martinez Beltran <[email protected]>
Subject: [EXTERNAL] Re: Term Limits
Resending with Yvonne's correct email.

On Tue, Jan 16, 2024 at 7:29 AM Tim Herlihy <[email protected]> wrote:

Good Morning,
I am a business owner, and resident in Morgan Hill, and I am opposed to term limits. The residents of Morgan Hill should be allowed to determine who we want representing us, and how long we want our elected officials to represent us for.

Limits should not be imposed on good leadership.

Sincerely,
Tim Herlihy
Creative Manufacturing Solutions Inc
18400 Sutter Blvd
Morgan Hill Ca 95037
P:(408)327-0600
F:(408)327-0603
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

Page 48 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: Term Limits
Date: Tuesday, January 16, 2024 8:36:54 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: [email protected] <[email protected]> Sent: Monday, January 15, 2024 10:28 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Term Limits
Hello All,
It has come to my attention that the subject of term limits will be discussed at a future meeting. As a 10 year resident of Morgan Hill, I am opposed to term limits at the city and county level. I'm asking that you please vote to also oppose term limits. Thank you! Best Regards,
Gordon Kelly
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Page 49 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Resident of Morgan Hill
Date: Monday, January 15, 2024 4:53:50 PM
Please supplement.
-----Original Message-----
From: maria negrete <[email protected]>
Sent: Monday, January 15, 2024 4:53 PM
To: Mark Turner <[email protected]>; Michelle Bigelow <[email protected]>; Gino Borgioli <[email protected]>; Christina Turner <[email protected]>; Marilyn Librers <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Donald Larkin <[email protected]>
Subject: [EXTERNAL] Resident of Morgan Hill
“I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.” WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

Page 50 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] RE: No Local Term Limits!
Date: Monday, January 15, 2024 4:36:30 PM
Please supplement.

From: Scott Stotler <[email protected]>
Sent: Monday, January 15, 2024 4:34 PM
To: Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Michelle Bigelow <[email protected]>; Marilyn Librers <[email protected]>; Mark Turner <[email protected]>; Rene Spring <[email protected]>; Donald Larkin <[email protected]>; Christina Turner <[email protected]> Subject: [EXTERNAL] RE: No Local Term Limits!
Hello council members and city staff,
Happy New Year!
Through some chat with local friends in Morgan Hill, I understand there is some discussion of term limits?
We are and have been Morgan Hill residents for 50 years since 1974. We have raised our family here and attended Morgan Hill schools.

Throughout my career since 1983, I have worked with city staff and have personally known every Mayor and most council members since then.

We have seen many qualified Council members and Mayors serve our Morgan Hill community and win re-election several times.

We strongly believe that in a small community, the voting citizens should have final say in selecting our council members and Mayors.

When we have a dedicated member, it is best to keep them! I have also seen council members and Mayors voted out by the people which is always a possibility. It is always an option!
Voting is the voice and choice of our local citizens.

For these above reasons..."We strongly oppose term limits in our local community elections!"
This always allows the Morgan Hill residents to determine their desired results.

Page 51 of 431 ends

It is only fair that...if a candidate obtains the peoples votes, this candidate can always run to be elected again without term limit.

Morgan Hill citizens have seen the benefits of "no term limits" by dedicated and competent representatives serving our wonderful city.

At the end of the day, voting people "in or out" is the way this was meant to work, and best for our neighborhoods!
Kind regards,
Scott and Liz Stotler
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: Term Limits - City of Morgan Hill
Date: Monday, January 15, 2024 4:33:43 PM
Please supplement.
-----Original Message-----
From: Shawn Cabral <[email protected]>
Sent: Monday, January 15, 2024 4:32 PM
To: Mark Turner <[email protected]>; Christina Turner <[email protected]> Cc: Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>
Subject: [EXTERNAL] Term Limits - City of Morgan Hill
Good Afternoon All
>
> I am a current Morgan Hill resident and homeowner and I’m asking you to please vote to oppose term limits. The City of Morgan Hill does not currently have term limits and there’s no reason to start now. Thank you for your time. >
> Shawn Cabral
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Page 53 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Cc: Donald Larkin
Subject: FW: [EXTERNAL] Term Limits - Opposed
Date: Monday, January 15, 2024 4:23:31 PM
To supplement for Item 15.

From: [email protected] <[email protected]> Sent: Monday, January 15, 2024 1:50 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Term Limits - Opposed
I am a resident and business owner in Morgan Hill, and I am opposed to term limits. The residents of Morgan Hill should be allowed to determine who we want representing us, and how long we want our elected officials to represent us for. Limits should not be imposed on good leadership.

Thank you.

Amanda Freel
President
The Freel Agency, Inc.

Private Investigators
CA PI License #29010, formerly CA PI
License #22490
17705 Hale Avenue, Building “I” Suite #1
Morgan Hill, CA 95037
Phone: (408)799-3752
Fax: (866)504-3826
www.thefreelagency.com
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Page 54 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Cc: Donald Larkin
Subject: FW: [EXTERNAL] Opposition to term limits
Date: Monday, January 15, 2024 4:22:05 PM
To supplement for Item 15.
-----Original Message-----
From: Bernard Mulligan <[email protected]>
Sent: Monday, January 15, 2024 4:12 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Christina Turner <[email protected]>; Michelle Bigelow <[email protected]>; Donald Larkin <[email protected]> Subject: [EXTERNAL] Opposition to term limits
As a Morgan Hill resident I oppose term limits. Bernie Mulligan Sent from my iPhone WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

Page 55 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Term limits
Date: Monday, January 15, 2024 4:21:33 PM
To supplement for Item 15. Please note that the two comments that we have already included as a supplement are labeled as Item 17 (a carryover from the agenda when we first agendized).

From: Laurie Conforti <[email protected]>
Sent: Monday, January 15, 2024 3:27 PM
To: Rene Spring <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; [email protected]; Marilyn Librers <[email protected]>; Mark Turner <[email protected]>; Michelle Bigelow <[email protected]>; Yvonne Martinez Beltran <[email protected]> Subject: [EXTERNAL] Term limits
Good afternoon,
I am a resident of Morgan Hill and I’m asking you to please vote to oppose term limits. I believe the voters should determine who the elected officials are and how long they serve.

Regards,
Laurie Conforti
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

Page 56 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term Limits
Date: Tuesday, January 16, 2024 9:38:40 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: BECKY PALM <[email protected]>
Sent: Tuesday, January 16, 2024 9:06 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Term Limits
I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.

Thank you
Becky Palm
Morgan Hill, CA
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.

Page 57 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Opposition to Term Limits
Date: Tuesday, January 16, 2024 10:29:30 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Jim Di Vittorio <[email protected]>
Sent: Tuesday, January 16, 2024 10:16 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Opposition to Term Limits
Dear Mayor and City Council Members,
My opposition to term limits is grounded in the fundamental principle of empowering the people. If the majority supports a candidate, they should have the ability to retain them in office. Conversely, if the majority disapproves of a candidate, they should have the prerogative to remove them. The decision should ultimately rest with the people.

Sincerely,
Jim Di Vittorio
Maple Leaf RV Park
15200 Monterey Road
Morgan Hill, CA 95037
408-461-0107

Page 58 of 431 ends

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Page 59 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Some basic facts on Term Limits Date: Tuesday, January 16, 2024 8:21:43 PM
Please supplement.

From: Joe Baranowski <[email protected]>
Sent: Tuesday, January 16, 2024 4:30 PM
To: Mark Turner <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Marilyn Librers <[email protected]>
Cc: CC Public Comment <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Some basic facts on Term Limits
Re: Agenda Item #15, Provide Direction Regarding City Council Term Limits, January 17, 2024 City Council Meeting
According to a summary prepared by the City of Saratoga and presented at their February 17th, 2021 city council meeting, Gilroy and Morgan Hill are the only two cities in Santa Clara County that do not have term limits for council and mayor seats.

According to the Santa Clara County Registrar of Voters, recent ballot measures for Term Limits were approved by an overwhelming majority of voters:

November 2020
Los Gatos Measure B PASSED: 82.41% Yes, 17.59% No
November 2022
Milpitas Measure F PASSED: 78.68% Yes, 21.32% No
Saratoga Measure C PASSED 76.72% Yes, 23.28% No
Does anyone REALLY think voters in Morgan Hill have a different view or desire to have Term Limits? Based on what data?
Do you REALLY want citizens to force you to put Term Limits, which will be on citizens terms, on a ballot via yet another Initiative that would once again just show how out of touch you are with your constituents?
Joe Baranowski

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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] comment Morgan Hill City Council January 17 2024 #15 term limits Date: Tuesday, January 16, 2024 8:25:14 PM
Supplement.

From: D. Muirhead <[email protected]>
Sent: Tuesday, January 16, 2024 9:03 AM
To: CC Public Comment <[email protected]> Subject: [EXTERNAL] comment Morgan Hill City Council January 17 2024 #15 term limits Hello Morgan Hill City Council,
A comment for your meeting January 17 2024
Item #15 City Council term limits and Mayoral term
I have mixed feelings about term limits.

Our goal should be to have some new eyes and new ideas
balanced with knowledge of institution history and processes.

And "institution" includes all those agencies on which you serve as outside assignments.

Some of those who run for office have previous government experience.

In Morgan Hill that is probably Planning Commission and School Board.

For them we have some sense of how they will behave on the dais.

Others are completely unknown to us. For them the knowledge base is the Staff. It would be nice to have a probationary period for anyone first being elected to a government body. We do not have that and I do not approve of recalls except for criminal acts and gross incompetence. Given the power imbalance between the Mayor and the District members, we should keep the term for Mayor at two years.

Not all politicians will be dedicated, competent, knowledgeable public servants.

The ones I would like to term out either act entitled or choose to force their values on us by passing laws rather than making the effort to build consensus. Unlike State and Federal offices, I do not see much advantage to being an incumbent when running for City offices. If you choose to try term limits, I would lean toward three (3) terms. I have been sharing my ideas about good local government since 2011 so I have a sense of how long 12 years feels. A very long time indeed!

Page 62 of 431 ends

Regards, Doug Muirhead, Morgan Hill resident
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Page 63 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Agenda Item 15 Directions for Term Limits and Mayoral Term for 1/17/24 council meeting.

Date: Tuesday, January 16, 2024 7:57:47 PM
To supplement.

From: Armando Be <[email protected]>
Date: January 16, 2024 at 5:19:05 PM PST
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Agenda Item 15 Directions for Term Limits and Mayoral Term for 1/17/24 council meeting.

Dear City Council Members,
I want to express my preference for term limits. There are many good reasons for term limits. One: It eliminates career politicians. Two: it promotes new ideas. Three: It fights the influence of special interests.

A term limit is a legal restriction that limits the number of terms an officeholder may serve. When term limits are imposed in presidential and semi-presidential systems they act as a method to curb the potential for a monopoly of power, where a leader effectively becomes "President for Life". In regards to the City of Morgan Hill and our elected officials for Council and Mayor, historically elected members have served on our council for periods have approached twenty years. When we combine all the time these elected individuals have served on commissions, local school boards and panels, we can see that they have had exclusive influence in the decision making in Morgan Hill politics for long periods of time. It is time for this situation to change.

One should consider that people that serve on an elected body for excessively long interval of time stop being effective leaders in their elected positions. They lose a certain willingness to listen to their constituency and feel they no longer have to mind to the will of the people.

This is because there is no longer anyone that can successfully challenge them in an election. They are susceptible to the influence of special interest that continually support their reelection and are less inclined to be responsive or accountable to the will of the people. Term Limits will create opportunities for other people to run and will bring in new leadership with fresh perspectives and visions to the governing body. More people will be encouraged to run.

Morgan Hill should adopt Term Limits for the positions of Mayor and Council Members. This will open the current positions that have historically become locked by long term incumbents. It is time that long term incumbents either move up to a higher elected office in the county or state political arenas or they step out of Morgan Hill politics after they are termed out.

New people brings new ideas. The concept of citizen politicians is that our representatives in the community serve the people and then return to their former position in society to live and work under the laws and policies they have enacted. Term limits will ensure our representatives do not make a career out of local politics.

Page 64 of 431 ends

Regards,
Armando Benavides
408 829-4798
bcc: Interested citizens.

Page 65 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term Limits
Date: Wednesday, January 17, 2024 9:21:28 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
-----Original Message-----
From: Katherine Napoli <[email protected]>
Sent: Wednesday, January 17, 2024 9:14 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]> Subject: [EXTERNAL] Term Limits
Good Morning:

As a Morgan Hill taxpayer, I fully support term limits. I have witnessed the benefits of term limits at the school district, city council, supervisor and state level. It allows new people to run for office with new ideas and diverse communities to become involved in decisions that affect all.

This issue is too important and far reaching to decide tonight. All of the community should have sufficient time and opportunity to comment on two, three, etc.. in a thoughtful and intentional process.

Regards,
Kathy Chavez Napoli
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Page 66 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term Limits
Date: Wednesday, January 17, 2024 10:19:37 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
-----Original Message-----
From: daniel harney <[email protected]>
Sent: Wednesday, January 17, 2024 10:14 AM
To: Mark Turner <[email protected]>
Cc: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]> Subject: [EXTERNAL] Term Limits
Council Members,
As a person who has previously served on the city council for Gilroy, I know and appreciate the difficult decisions you have to make as council members. I am sure you can agree, progress in government is equivalent to running a marathon. Much like a marathon runner who requires dedication, cross training and fostering strong relationships with coaches and sponsors, council members require time to develop and hone policy making skills, developing strong relationships with local, regional and state level leaders and developing a long term plan to implement changes to improve the quality of life for residents.

As a homeowner in Morgan Hill and a small business owner (employing approximately 20 employees), I urge you to vote in opposition to term limits at your upcoming city council meeting. I am sure you can agree that collectively you have made great progress and yet have many more challenges in the future to see your plans through.

Implementing term limits would cause disruption. Let’s keep the brightest and best representatives on the council as long as the voters support them.

Thank you for your time and dedication!
Also, please be reminded that as a homeowner and small business owner, I feel very fortunate to have Christina Turner as my City Manager. She is an exceptional leader with integrity that is second to none. I hope you agree that she is a top performer in all aspects of her duties as a City Manager.

Sincerely,
Dan Harney

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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term limits
Date: Wednesday, January 17, 2024 1:56:50 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
-----Original Message-----
From: Ranga Rayudu <[email protected]>
Sent: Wednesday, January 17, 2024 1:40 PM
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Term limits
To the members of the City Council:

I write today as a concerned citizen of Morgan Hill. I favor term limits of all government positions at all levels, and request the Council to institute term limits for themselves. Although there are one or two council members I would love to see stay indefinitely, it would be a contradiction in terms of representative democracy preventing the centralization of power at any scale. There is no knowledge or experience required in governance that should be considered of greater value to the future of the city than the value of newly chosen representatives, an immediate measure of the will of the public. I am sure you can see the national need to now more than ever demonstrate this principle in action, and hope you will do your part at the local level.

Thank you for your consideration,
Ranga Rayudu
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Page 69 of 431 ends

From: Joe Baranowski
To: Mark Turner; Rene Spring; Yvonne Martinez Beltran; Marilyn Librers Cc: CC Public Comment; Michelle Bigelow
Subject: [EXTERNAL] A follow-up Re: Some basic facts on Term Limits Date: Wednesday, January 17, 2024 12:38:34 PM
Hello again,
Last night, upon receiving an unwanted and unsolicited reply to an email that I did not send to him, Mr. Borgioli indicated that he believes that receiving "over 50 emails against term limits citing let the people decide" is enough of a reason to make a decision on an important policy question.

I HOPE the rest of you show more seriousness of thought and a basic understanding of sample size and statistical significance than that! Come on.

Do you even remember this issue was discussed several times in the past? Do you recall what long-time advocates Steve Chappell and Marby Lee said after waiting for hours? If they don't send in a letter, will you take that to mean see they don't really care cuz they didn't respond to someone's request to send in a letter in the last 72-hours? Mr. Borgioli clearly didn't even remember them speaking just a few days later! He claimed on social media that Mr. Benivedes and "one council member and two or three ND ppl seem to believe we have a problem". And yet in that very same post, 16 residents (not including Mr Benivedes or myself or anyone else that is currently shown in any attached supplement as of the time of sending this email) stated unequivocal support for term limits, 2 residents were opposed and 2 or 3 were undecided. But unless you send in an email in a 72-hour window, you don't get to have any input? https://nextdoor.com/p/Ks5rJp_52BLg? view=detail&init_source=search&query=term%20limits If your argument is ~ "let the voters decide", please see my email from yesterday (all valid sample sizes!) and explain why you believe Morgan Hill voters would have a drastically different preference than every other city in Santa Clara County that has allowed voters to decide on Term Limits. THAT I can't wait to hear. Regards, Joe Baranowski
---- On Tue, 16 Jan 2024 16:29:59 -0800 Joe Baranowski <[email protected]> wrote - --
Re: Agenda Item #15, Provide Direction Regarding City Council Term Limits, January 17, 2024 City Council Meeting
According to a summary prepared by the City of Saratoga and presented at their February 17th, 2021 city council meeting, Gilroy and Morgan Hill are the only two cities in Santa Clara County that do not have term limits for council and mayor seats.

According to the Santa Clara County Registrar of Voters, recent ballot measures for Term Limits were approved by an overwhelming majority of voters:

November 2020
Los Gatos Measure B PASSED: 82.41% Yes, 17.59% No

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November 2022
Milpitas Measure F PASSED: 78.68% Yes, 21.32% No
Saratoga Measure C PASSED 76.72% Yes, 23.28% No
Does anyone REALLY think voters in Morgan Hill have a different view or desire to have Term Limits? Based on what data?
Do you REALLY want citizens to force you to put Term Limits, which will be on citizens terms, on a ballot via yet another Initiative that would once again just show how out of touch you are with your constituents?
Joe Baranowski
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Page 71 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Date: Wednesday, January 17, 2024 2:42:11 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Miguel Jimenez <[email protected]>
Sent: Wednesday, January 17, 2024 2:41 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>
Cc: CC Public Comment <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Dear City Council,
I hope this email finds you well.

I'm writing to voice my support for term limits. In general, I think having individuals in the same elected position for many years isn’t ideal. I think term limits may reduce potential overreach in power by incumbents that hold the same position in office for an extended period of time.

I think having new City Council members and mayors at least periodically brings in new perspectives and ideas and really embodies the notion of government by the people.

According to The Pew Research Center 87% of Americans favor term limits for members of Congress. Both Democrats and Republicans overwhelmingly support term limits on a national level.

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My understanding is that 9 out of the 10 largest cities in the U.S. have term limits including the City of San Jose.

Some elected officials may say we have elections which can act as a way to make sure there’s an opportunity for new residents to participate in the governing process. However, I don’t think an election is a substitute for term limits. Incumbents have significant advantages over challengers. I don’t think our representative democracy was ever meant to have career politicians.

Sincerely,
Miguel
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Page 73 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Date: Wednesday, January 17, 2024 2:53:58 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Susie Jimenez <[email protected]>
Sent: Wednesday, January 17, 2024 2:52 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>
Cc: CC Public Comment <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Dear City Council,
Happy New Year!
I'm a resident of Morgan Hill and I want to note my support for term limits. Having individuals in the same elected position for many years isn’t ideal. Term limits may reduce potential overreach in power by incumbents that hold the same position in office for an extended period of time.

Having new City Council members and mayors brings in new perspectives and ideas and really embodies the notion of government by the people.

According to The Pew Research Center 87% of Americans favor term limits for members of Congress. Both Democrats and Republicans overwhelmingly support term limits on a national level.

My understanding is that 9 out of the 10 largest cities in the U.S. have term limits including the City of San Jose.

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Sincerely,
Susie Jimenez
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Page 75 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term limits...

Date: Wednesday, January 17, 2024 3:30:01 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Jim Leslie <[email protected]>
Sent: Wednesday, January 17, 2024 3:28 PM
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Term limits...

Morgan Hill Mayor and City Council Members:

I’d like to offer my view on term limits for your consideration.

Term limits are just fine and healthy for any community. My recommendation is that the term limits for the Morgan Hill City Council member positions as well as for the mayor’s office should be for two years duration with a two term limit. If the members do a good job, they’ll be re-elected; if they don’t, then the city can change course. In addition, there will be less likelihood that graft will take place and more emphasis on responsible focus on serving the citizens of our town.

Regardless of political position, we’ve all seen the unhealthy results of a failure to implement term limits in Washington, D.C. as well as in Sacramento. Let’s not have a repeat of that in our community. …one man’s view.

Best regards,
Jim Leslie

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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Vote on Term Limits
Date: Wednesday, January 17, 2024 3:49:44 PM
supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Ibni Adam <[email protected]>
Sent: Wednesday, January 17, 2024 3:48 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Vote on Term Limits
I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.

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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Vote on Term Limits
Date: Wednesday, January 17, 2024 3:59:47 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Saboor Ghani <[email protected]>
Sent: Wednesday, January 17, 2024 3:53 PM
To: Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Mark Turner <[email protected]>; Michelle Bigelow <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>
Subject: [EXTERNAL] Vote on Term Limits
I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.

Saboor Ghani
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Cc: Donald Larkin
Subject: FW: [EXTERNAL] Re: Term limits...

Date: Wednesday, January 17, 2024 4:23:21 PM
Supplement.

From: Armando Be <[email protected]>
Sent: Wednesday, January 17, 2024 3:35 PM
To: Jim Leslie <[email protected]>
Cc: CityCouncil <[email protected]>
Subject: [EXTERNAL] Re: Term limits...

Good points. thanks for standing up for term limits. 12 out of 15 cities in the county have term limits. Morgan Hill, Gilroy, and Los Altos Hill are the only cities that don't. Also, every measure placed before the voters of those 12 cities passed by 75 --85% of the voters.

On Wed, Jan 17, 2024 at 3:27 PM Jim Leslie <[email protected]> wrote:

Morgan Hill Mayor and City Council Members:

I’d like to offer my view on term limits for your consideration.

Best regards,
Jim Leslie

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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: Fwd: [EXTERNAL] "Term limits for elected city officials" Date: Thursday, January 18, 2024 6:12:12 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
Begin forwarded message:

From: Sally Casas <[email protected]>
Date: January 17, 2024 at 8:55:55 PM PST
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] "Term limits for elected city officials" Good evening,
Regarding tonight council meeting agenda:

Please be advised that as a voter and resident of Morgan Hill, I definitely support "term limits" for all elected officials.

Sally Casas
17305 Monterey Rd. #211
Morgan Hill, CA 95037
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Page 82 of 431 ends

From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term limits
Date: Wednesday, January 17, 2024 5:59:46 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Janet MC ELROY <[email protected]>
Sent: Wednesday, January 17, 2024 5:57 PM
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Term limits
I am a resident of Morgan Hill and I support term limits for elected officials. I think 3 terms allows the benefit of experience and also makes way for new people with new ideas.

Janet McElroy
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Page 83 of 431 ends

From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Term limits
Date: Thursday, January 18, 2024 12:49:44 PM
Please supplement.
-----Original Message-----
From: Susie Smith <[email protected]>
Sent: Wednesday, January 17, 2024 6:00 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]> Subject: [EXTERNAL] Term limits
> To Whom it May Concern;
> Is a life long resident of Morgan Hill I have never seen an issue with term limits. The voters have always made their voice count during elections. I seen no need for term limits and ask that you vote against it. > Thank you
> Susie Smith
>
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Page 84 of 431 ends

State of California

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RESOLUTION NO. 24-XXX008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN

HILL, CALIFORNIA, SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION, A BALLOT

MEASURE TO ENACT TERM LIMITS FOR THE MAYOR, CITY

COUNCIL MEMBERS, AND THE CITY TREASURER
WHEREAS, a General Municipal Election has been called and is to be held in the City of Morgan Hill, California, on Tuesday, November 5, 2024; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide Gubernatorial General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters Office of the County of Santa Clara canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;and
WHEREAS, Government Code section 36502 provides that a general law city may enact limits on the number of terms a member of the city council may serve by a majority vote of the electors of the city; and,
WHEREAS, on February 21, 2024 and June 19, 2024, the City Council met and considered a proposal to place term limits on the November 5, 2024, ballot; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to the requirements of the State of California, at the General Municipal Election on Tuesday, November 5, 2024, the following question shall be submitted to the voters:

Shall the measure amending the Morgan Hill Municipal Code YES to establish a twelve consecutive year limit on combined mayoral, and city council, and treasurer service be adopted? NO and
SECTION 2. That the text of the ballot measureordinance is attached to this resolution as
Attachment A.

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City of Morgan Hill
Resolution 24-XXX008

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SECTION 3. The ballots to be used at the election shall be in the form and content as required by law.

SECTION 4. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide Gubernatorial General Election on Tuesday, November 85, 20242, for the purpose of the election of a Mayor, a Member of the City Council from District AB, and a Member of the City Council from District CD, a City Treasurer, and two ballot measures.

SECTION 5. That the Board of Supervisors of the County of Santa Clara is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election.

SECTION 6. That the Registrar of Voters of the County of Santa Clara is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide/general election.

SECTION 7. That the City of Morgan Hill recognizes that additional costs will be incurred by the County of Santa Clara by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 8. The election on this measure shall be held, voting precincts designated, ballots be printed, polls opened and closed, ballots counted and returned, returns canvassed, the returns made, and result ascertained and determined, and all other proceedings conducted in connection with the election, under the regulations of the Registrar of Voters of Santa Clara County, in accordance with the provisions of the law governing general municipal elections in general law cities.

SECTION 9. The City Council authorizes all members of the City Council to file written argument(s) In Favor of or Against the measure described in Section 1 above, not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.

SECTION 10. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted to the City Clerk.

SECTION 11. The primary arguments for and against the measure shall be submitted to the City Clerk by five p.m. on August 9, 2024, to meet the deadline established by the Santa

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City of Morgan Hill
Resolution 24-XXX008

Page 3 of 6 ends

Clara County Registrar of Voters for primary arguments. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of the Argument to be provided by the City Clerk.

SECTION 12. In accordance with Elections Code section 9285(b), the City of Morgan Hill hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.

A rebuttal argument may not be signed by more than five authors.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 13. The City Attorney shall prepare an impartial analysis of the measure.

SECTION 14. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 15. If, at the election, a majority (50% plus 1) of the votes cast on the measure are in favor of the measure, then the measure shall be deemed to have been accepted and approved by the votes upon the date that the City of Morgan Hill declares the vote and shall go into effect ten (10) days after that date, pursuant to Section 9217 of the Elections Code.

SECTION 16. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

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City of Morgan Hill
Resolution 24-XXX008

Page 4 of 6 ends

SECTION 17. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 21st 19th day of February June 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
 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-xxx008, adopted by the City Council at a Regular Meeting held on February 21June 19, 2024.

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

DATE:_____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution 24-XXX008

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ATTACHMENT A
ORDINANCE NO. ______, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL ADDING
A NEW SECTION 1.16.025 (“TERM LIMITS”) TO CHAPTER

1.16 (“ELECTIONS”) OF TITLE 1 (“GENERAL PROVISIONS”)

OF THE MORGAN HILL MUNICIPAL CODE
THE PEOPLE OF THE CITY OF MORGAN HILL DO ORDAIN AS FOLLOWS:

SECTION 1: Section 1.16.025 (“Term Limits”) of Chapter 1.16 (“ELECTIONS”) of Title 1 (“GENERAL PROVISIONS”) is hereby added to read as follows:

1.16.025 – Term Limits
A. A person may serve a combined maximum of twelve consecutive years of elective terms as either a City Councilmember, or as Mayor, or Treasurer.

B. Once a person reaches the combined consecutive elective terms provided in subsection A, the former Councilmember, or Mayor, or Treasurer is not eligible to be a candidate for election or appointed to serve again on the City Council until the expiration of four years following the end of the officer’s elective service.

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City of Morgan Hill
Resolution 24-XXX008

Page 6 of 6 ends

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3 CITY COUNCIL STAFF REPORT
MEETING DATE: June 19, 2024
PREPARED BY:

Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF AGREEMENT TO PARTICIPATE IN THE REGIONAL PUBLIC

FACILITY RESILIENCY IMPLEMENTATION PROJECT AND SECURE GRANT FUNDS IN AN AMOUNT OF $3.6 MILLION

RECOMMENDATION(S)

2. Authorize the City Manager or her designee to negotiate and execute any documents necessary to accept and effectuate the grants.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Fiscal Sustainability
Healthy Community
Guiding Documents
Climate Action Plan
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to consider adopting a resolution (Attachment 1) that would allow the City to enter into a Memorandum of Agreement (MOA) (Attachment 2) that will enable the City to participate as a coalition partner in the Public Facility Resiliency Implementation Project (PFRIP) and secure grant funds in the amount of $3,599,871 from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program.

The PFRIP will be a regional funding source and implementation project for design and

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3 construction of publicly owned and operated fuel-switching, electric vehicle (EV) charging, and solar/battery storage projects in Santa Clara County, California. As a Coalition led by Silicon Valley Clean Energy (SVCE), the Cities of San José, Sunnyvale, Morgan Hill, Mountain View, and Cupertino, in collaboration with San Francisco Bay Area Planning and Urban Research Association (SPUR) and Prospect Silicon Valley, will implement greenhouse gas (GHG) reduction measures at 62 critical and community-serving facilities, throughout the County, all meeting EPA-defined disadvantaged criteria and $49,999,997 worth of electrification projects and supporting performance assessments and community engagement activities.

Under the grant, the City of Morgan Hill would commit to the oversite, management, and completion of the Centennial Recreation Center (CRC) Electrification Project, which includes the following components:
• Replacement of four gas boilers with electric boilers • Replacement of the pool heater with an electric heat pump • Replacement of Kitchen appliances with electric appliances • Increase in microgrid battery storage
• Required electrical upgrades to support these enhancements • Installation of an electric vehicle charging unit
• Installation of a mural completed by a local artist that will incorporate a clean energy theme and designed to inspire and intrigue across Morgan Hill’s diverse cultural and socioeconomic backgrounds
• Ongoing public engagement and outreach for the life of the project.

COMMUNITY ENGAGEMENT:

Involve
As part of the Grant submittal, the City engaged with community based organizations to acquire partnership opportunities and support for this project. The City received letters from seven organizations, six of which included a commitment to partner on the project through participation in engagement and outreach opportunities within the community for the duration of the project. Letters received were from the American Association of University Women (AAUW) - Morgan Hill, Morgan Hill Community Garden, Climate Action Pathways for Schools, Mothers Out Front Silicon Valley, Elders Climate Action – Northern California Chapter, Morgan Hill Youth Climate Action Team, and Silicon Valley Youth Climate Action.

The Centennial Recreation Center (CRC) Electrification Project is consistent with the City's Climate Action Plan (CAP) goal to convert all municipal buildings to all-electric by 2035. Implementing the project will essentially be one big community engagement activity as residents see changes to their local recreation center, the addition of local art via a mural, and also community events organized by SPUR to showcase completed projects.

ALTERNATIVE ACTIONS:

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3 The Council could decide to not approve the resolution and direct staff not to accept the grant funding, if offered. This would result in the following missed opportunities: for the City to move toward achievement of CAP goals; to improve local air quality; participate in a regional initiative that will significantly reduce GHG emissions; grant funding to come to the City; and to engage with residents in a meaningful way on the topic of community resiliency to impacts from climate change.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On December 15, 2021, the City adopted a Climate Action Plan which guides City staff to work toward achieving building electrification goals and actions, including a goal to convert all municipal buildings to all-electric by 2035.

FISCAL AND RESOURCE IMPACT:

The grant amount is expected to fully cover the estimated Centennial Recreation Center (CRC) Electrification Project cost of $3.6 million. Additionally, there should not be an increase in operating costs from switching to electric. Furthermore, the project will replace our aging infrastructure, which is also nearing end of life. The Grant will require a significant amount of staff time, therefore, the Grant includes funding for a 0.4 FTE to cover the time that will be needed to complete this project. Engagement in clean energy initiatives are included in the work program of the Public Services Department.

CEQA (California Environmental Quality Act):

Categorical Exemption
The Project is the retrofit of an existing building and install of an electric vehicle charger, and will occur within an existing building footprint and its associated parking lot. The project will be exempt under the California Environmental Quality Act (CEQA) section 15301 Existing Facilities.

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RESOLUTION NO. 24-xxx

A RESOLUTION OF THE COUNCIL OF THE CITY OF

MORGAN HILL AUTHORIZING THE CITY MANAGER OR

HER DESIGNEE TO NEGOTIATE AND EXECUTE A

MEMORANDUM OF AGREEMENT AS A PARTNER

AGENCY FOR THE PURPOSE OF SECURING GRANT

FUNDS FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY’S CLIMATE POLLUTION

REDUCTION GRANTS PROGRAM AND NEGOTIATE AND

EXECUTE ANY DOCUMENTS NECESSARY TO ACCEPT

AND EFFECTUATE THE GRANTS
WHEREAS, the United States Environmental Protection Agency (“EPA”) has established the Climate Pollution Reduction Grants program under the 2022 Inflation Reduction Act, offering planning and implementation grants to support ambitious measures for significant cumulative greenhouse gas (“GHG”) reductions; and
WHEREAS, the Climate Pollution Reduction Grants program provides funds in two (2) phases, planning grants and implementation grants, with planning grants to be utilized for the development of priority climate action plans and competitive implementation grants to be utilized to implement GHG reduction programs, policies, projects, and measures identified in priority climate action plans; and
WHEREAS, on September 23, 2023, the United States EPA released the Notice of Funding Opportunity for the Climate Pollution Reduction Grants program; and WHEREAS, the County of Santa Clara submitted a Priority Climate Action Plan which enables eligible lead organizations and coalitions of partners to apply for implementation grants; and WHEREAS, the City intends to serve as a Coalition Partner Agency, demonstrating a collaborative and regional approach to maximizing greenhouse gas reductions and community benefits; and
WHEREAS, the City desires to authorize the City Manager or her designee to accept grant funds from the United States EPA Climate Pollution Reduction Grants program as a coalition partner along with other jurisdictional coalition partners which will allow the City to reduce GHG emissions from municipal buildings.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MORGAN HILL THAT:

The City Manager or her designee is hereby authorized to:

1. Negotiate and execute a Memorandum of Agreement as a Partner Agency for the purpose of securing grant funds from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program.

2. Negotiate and execute any documents necessary to accept and effectuate the grants.

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City of Morgan Hill
Resolution No. 24-xxx

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PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 19th day of June, 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 June 19, 2024.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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1 MEMORANDUM OF AGREEMENT AMONG COALITION PARTNERS FOR

PUBLIC FACILITY RESILIENCY IMPLEMENTATION PROJECT

ADMINISTRATION AND IMPLEMENTATION
This Memorandum of Agreement (“MOA”) is entered into by and between Silicon Valley Clean Energy, a joint powers authority registered in the state of California; City of Cupertino, a municipal corporation of the state of California; City of Morgan Hill, a municipal corporation of the state of California; City of Mountain View, a municipal corporation of the state of California; City of San José, a municipal corporation of the state of California; City of Sunnyvale, a municipal corporation of the state of California; Prospect Silicon Valley, a nonprofit corporation registered in the state of California; and SPUR – San Francisco Bay Area Planning & Urban Research Association, a nonprofit corporation registered in the state of California; collectively “Parties” or “Coalition Partners” or individually as a "Party” or “Coalition Partner."

RECITALS
A. The impacts of climate change have contributed to a warming climate and power outages, which call for improvements at public facilities to make them more resilient and energyindependent; B. Silicon Valley Clean Energy (“SVCE”) provides clean electricity service, and has an interest in supporting reliable and resilient electricity service and reducing the costs to provide this service through achieving greater economies of scale by displacing fossil gas consumption with greater use of clean electricity and through the efficient use of energy among public facilities in its service area; C. The Parties have worked collaboratively to identify and plan for the installation of improvements in public buildings in the jurisdictions of Cupertino, Morgan Hill, Mountain View, San José, and Sunnyvale to enhance resiliency and reduce greenhouse gas (“GHG”) emissions; D. The 2022 Inflation Reduction Act (“IRA”) established the Climate Pollution Reduction Grants (“CPRG”) program which provides funds for implementation grants administered by the United States Environmental Protection Agency (“EPA”);
E. The Parties jointly prepared a CPRG application (“Grant Application”) for submission to the EPA entitled the Public Facility Resiliency Implementation Project (“PFRIP”) to obtain implementation grant funding (“Grant”) to design, construct, and evaluate the identified public building improvements;
F. SVCE submitted said Grant Application on behalf of the Parties to the EPA on April 1, 2024, with SVCE acting as “Lead Coalition Partner”;
G. On March 26, 2024, the City of San José adopted Resolution No. RES2024-83 to become a Coalition Partner.

H. On March 26, 2024, the City of Mountain View adopted Resolution No. 18878 authorizing the City Manager or their designee to execute a Memorandum of Agreement with partnering agencies.

I. On June 4, 2024, the City of Cupertino adopted Resolution No. 24-050 to become a Coalition Partner.

J. On June 18, 2024, the City Council of the City of Sunnyvale approved Sunnyvale’s participation as a Coalition Partner by approving this Memorandum of Agreement. .

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2 K. On June 19, 2024, the City of Morgan Hill adopted a resolution to become a Coalition Partner.

L. The Parties desire to execute this MOA to govern the use of Grant funds to implement the PFRIP and to set out the obligations of the Parties for the life of the Grant term; and M. This MOA establishes policies, responsibilities, and obligations of the Parties.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1. PURPOSE OF THE MOA
The purpose of this MOA is to establish:
• The obligations and responsibilities of each Party for the management and operation of the PFRIP.
• Agreed upon roles, responsibilities, and commitments made by each Party to ensure PFRIP success is aligned with overall PFRIP goals, objectives, and target outputs. • An operating model for the Parties.
• How the collaboration and partnerships associated with the Parties will benefit the PFRIP. • The resources each Party will contribute to the PFRIP.

SECTION 2. EFFECTIVE DATE AND TERM
This MOA shall be effective on June 30, 2024, and shall remain effective until all obligations associated with the awarded Grant have been fulfilled, subject to the termination provisions below.

For information purposes only, the anticipated performance period for the Grant is expected to begin October 1, 2024 and end December 31, 2029; however, the exact period may vary. This MOA shall terminate early in the event that Grant funds are not awarded or in the event that Grant funds are rescinded and all of the Parties’ obligations associated with the rescinded Grant funds have been fulfilled. In the event that the Grant is funded in an amount less than the requested $49,999,997, the Parties shall immediately meet and confer regarding the feasibility of the PFRIP and possible modifications to the project list for the PFRIP. The Parties shall document any proposed changes to the PFRIP in writing. If the Parties do not agree to accept the Grant funds and perform the PFRIP with a reduced award, SVCE shall not execute the Grant agreement associated with the Grant award and this MOA will terminate upon the expiration of the period during which the Grant agreement must be signed to accept awarded funds.

SECTION 3. RESPONSIBILITIES OF THE PARTIES
For purposes of the Grant, SVCE, as the lead applicant and Lead Coalition Partner, shall report to the EPA, oversee the full scope of work, and oversee the proper financial management of the Grant. All Parties commit to perform the obligations as described in the PFRIP workplan, attached as Exhibit A of this MOA and incorporated herein by this reference (“PFRIP Workplan”), and to expend Grant funds as described in the PFRIP budget, attached as Exhibit B of this MOA and incorporated herein by this reference (“PFRIP Budget”). The Grant narrative submitted to the EPA is included as Exhibit C, and is included to provide further context for the obligations agreed to in Exhibit A. All Parties other than SVCE are Grant subrecipients and shall be accountable to and support SVCE, lead applicant, for proper

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3 use of Grant funding and successful PFRIP implementation. Parties shall not terminate or reduce their obligations under this MOA unless all Parties agree in writing and, to the extent it is required, the EPA supports the modification. No Party shall unreasonably withhold agreement to termination or reduction of obligations, and all parties shall reasonably cooperate in seeking EPA approval for such modifications.

SECTION 4. COSTS
The Parties anticipate that the Grant funds will be sufficient to complete the PFRIP completely and in conformance with the PFRIP Workplan and agree to take all reasonable and necessary steps to complete the PFRIP within the PFRIP Budget. However, in the event that Grant funds are not adequate to complete PFRIP, the Parties will immediately meet and confer to discuss how to address budget shortfalls. Each Party agrees to work in good faith to resolve budget shortfalls with the goal of completing the proposed or modified projects identified in the Work Plan through methods that may include seeking additional funding from their respective agencies, reducing project scopes, or similar modifications to bring a project within budget. However, the Parties acknowledge that the resolution of budget shortfalls may require additional commitments that are unknown and may require additional approval from their Boards or City Councils and that the outcome of such approvals cannot be guaranteed. The Parties agree that any resolution to such budget shortfalls shall not be contrary to, nor cause a breach or violation of the obligations and responsibilities contained in the Grant agreement executed between the EPA and SVCE, nor be contrary to any EPA requirements associated with the Grant. The Parties agree to cooperate in good faith as provided in Sections 3 and 4 of this MOA to seek EPA approval to modify or remove projects if Grant funds are inadequate to complete a PFRIP project.

SECTION 5. RECORDS AND ACCOUNTS AND THEIR RETENTION
SVCE, as well as all other Parties, will keep complete and accurate financial, payroll, and procurement records related to the PFRIP. Upon reasonable notice to another Party, any Party to this MOA may inspect the financial records of another Party related to the PFRIP. Financial records, supporting documents, statistical records, and all other records pertinent to the PFRIP must be retained by all Parties for a period of seven years from the date of termination or expiration of this MOA. If there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the retention period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the retention, whichever occurs later. The Parties to this MOA are subject to the California Public Records Act and shall cooperate with each other in regard to any request for records.

SECTION 6. FURTHER ASSURANCES

6.1 Additional Documents: Each Party will adopt, execute, and make any and all further assurances, documents, instruments, and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the Party’s performance of their obligations under this MOA.

6.2: Compliance with Law. Each Party shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way

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4 affect the performance under this MOA. Each Party shall at all times observe and comply with all such ordinances, laws and regulations. Each Party shall be fully responsible for complying with all California public works and public bidding requirements including but not limited to payment of prevailing wage. To the extent required by California law, each Party shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law. Each Party is responsible for any environmental review necessitated by its project. The other Parties shall not be liable at law or in equity occasioned by failure of another Party to comply with this section.

6.3: Compliance with Terms of EPA Grant Agreement: If Grant is awarded, SVCE shall provide each Party with a copy of the final EPA Grant Agreement. Each Party affirms that it will review the EPA Grant Agreement and agrees to comply with all applicable terms therein and to cooperate and assist SVCE with compliance.

SECTION 7. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:

7.1 Authority: Each Party has the full legal right, power, and authority under the laws of the State of California to enter into this MOA and to carry out all of its obligations herein.

7.2 Due Execution: Each Party’s representatives who sign this MOA are duly authorized to sign and bind their respective agency.

7.3 Valid, Binding, and Enforceable Obligations: This MOA has been authorized and executed by each Party and constitutes the legal, valid, and binding agreement of the Parties, and is enforceable according to its terms.

SECTION 8. REMEDIES NOT EXCLUSIVE
Any failure by any Party to perform the responsibilities outlined herein, including all Exhibits attached hereto, shall be deemed a breach of this MOA. In the event of any dispute regarding the proper interpretation of this MOA, the Parties shall first immediately meet and confer to attempt to resolve the dispute. If the dispute remains unresolved, the Parties may agree to mediation or other non-binding resolution processes or may pursue any other remedies available in law or equity. Notwithstanding any other available remedies, Parties must return any Grant disbursements to SVCE that were not utilized consistent with the terms of this MOA or the EPA Grant Agreement. SVCE retains the right to withhold Grant disbursements from any Party whose performance is inconsistent with the terms of this MOA or the EPA Grant Agreement.

SECTION 9. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the

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5 other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage, penalty, or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of breach of this MOA or the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this MOA. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the breach of this MOA, negligent acts or omissions or willful misconduct or intentional acts of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this MOA. The obligations set forth in this paragraph will survive the termination and expiration of this MOA.

SECTION 10. SEVERABILITY
The provisions of this MOA shall be severable, and if any clause, sentence, paragraph, provision, or other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOA will be valid and binding on the Parties.

SECTION 11. AMENDMENTS
This MOA may only be amended by a written agreement signed by all of the Parties.

SECTION 12. COUNTERPARTS
This MOA may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

SECTION 13. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, 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 SVCE. For the purposes of this MOA, the approved methods of signing shall be via DocuSign or original ink signature signed in counterpart and scanned over to SVCE via electronic mail.

SECTION 14. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.

This MOA, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this MOA, the terms specified in the body of this MOA shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOA may be modified only by a written amendment duly executed by the Parties to this MOA.

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6 SECTION 15. NO LEGAL RELATIONSHIP
By entering into this MOA, the Parties are neither forming, nor do they intend to form a partnership, agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal representative of the other Party for any purpose, and neither Party is granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party.

SECTION 16. GOVERNING LAW AND VENUE
This MOA has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. In the event that a suit shall be brought by any Party to this MOA, the Parties agree that the venue shall be exclusively vested in the state courts of the County of Santa Clara or, where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.

SECTION 17. NOTICES
Any notices provided under this MOA must be in writing and may be given either by mail or e-mail to the following addresses:

SVCE
Monica Padilla: [email protected]
Anthony Eulo: [email protected]
and
SVCE
333 W. El Camino Real, Suite 330
Sunnyvale CA 94087
Attention: Chief Executive Officer
City of Cupertino
Pamela Wu: [email protected]
Ursula Syrova: [email protected]
City of Morgan Hill
Chris Ghione: [email protected]
Tanya Carothers: [email protected]
Barbara Voss: [email protected]
City of Mountain View
Denise Lin
City of Mountain View
500 Castro Street.

Mountain View, CA 94041
[email protected]

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7 City of San Jose
Carol Boland Whattam
City of San Jose
200 E Santa Clara St., 5th Floor,
San Jose, CA 95113
City of Sunnyvale
Christina Raby
City of Sunnyvale
456 W. Olive Ave.

Sunnyvale, CA 94086
Prospect Silicon Valley
Doug Davenport
Prospect Silicon Valley
3031 Tisch Way, 110 Plaza West
San Jose, CA 95128
[email protected]
SPUR
Sarah Atkinson, Sam Fishman, Pia Gheen
SPUR
654 Mission Street
San Francisco, CA 94105
IN WITNESS OF, the Parties have executed the MOA as of the last date set forth below:
___________________________
Silicon Valley Clean Energy
Date:
_______________________
Approval as to form, Silicon Valley Clean Energy Counsel Date:
___________________________
City of Cupertino
Date:
_______________________
Approval as to form, Cupertino City Attorney
Date:

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8 ___________________________
City of Morgan Hill
Date:
_______________________
Approval as to form, Morgan Hill City Attorney
Date:
___________________________
City of Mountain View
Date:
_______________________
Approval as to form, Mountain View City Attorney
Date:
_______________________
City of San José, Director of the Office of the City Manager, Sarah Zarate Date:
_______________________
Approval as to form, San José City Attorney, Arlene Silva Date:
___________________________
City of Sunnyvale
Date:
_______________________
Approval as to form, Sunnyvale City Attorney
Date:
___________________________
Prospect Silicon Valley Chief Executive Officer
Date:
___________________________
SPUR Executive Director
Date:
_______________________
Chief Financial Officer
Date:

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1 EXHIBIT A

PFRIP WORKPLAN
SECTION 1: OVERALL PROJECT SUMMARY AND APPROACH
The Public Facility Resiliency Implementation Project (‘PFRIP’) will be a regional funding source and implementation project for design and construction of publicly owned and operated fuel-switching, electric vehicle (‘EV’) charging, and solar/battery storage projects in Santa Clara County, California. As a Coalition led by Silicon Valley Clean Energy (‘SVCE’), the Cities of San José, Sunnyvale, Morgan Hill, Mountain View, and Cupertino, in collaboration with SPUR and Prospect Silicon Valley (‘ProspectSV’), will implement greenhouse gas (GHG) reduction measures at 62 critical and community-serving facilities all meeting EPA-defined disadvantaged criteria and $49,999,997 worth of electrification projects and supporting performance assessments and community engagement activities.

SECTION 2: RESPONSIBILITIES OF SILICON VALLEY CLEAN ENERGY (“SVCE”) • Act as the Lead Coalition Partner
• Submit a Memorandum of Agreement (“MOA”) signed by all Coalition Partners by July 1, 2024, to EPA
• Establish the Public Facility Resiliency Fund (Fund)
• Manage the contractor selection process for the consultant to perform the GHG Performance Analysis and related work required for the project • Ensure timely distribution of the Fund (see Section 3) to the Coalition Partners for use in PFRIP Semi-annual reports including submitting reimbursement receipts to the EPA every six months following award acceptance, on March 31 and September 30, or the closest prior business day, annually. The Project Plans for GHG Performance and Building Design Performance and each’s respective Quality Assurance Performance Plan (QAPP), and the Low Income Benefit Report and Community Engagement Plan, will be submitted by September 30, 2025. The Final Project Report and reimbursement receipts will be submitted by September 30, 2029.

SECTION 3: RESPONSIBILITIES OF ALL COALITION PARTNERS
• City Coalition Partners are responsible for leading the design, construction, inspection, and maintenance of their GHG reduction measures; take an active role in planning and implementing the project equity analysis, performance evaluation, community engagement, and workforce development activities; and fulfilling all reporting requirements, for activities that take place in its jurisdiction.
• City Coalition Partners shall contract for design and construction as needed, within its jurisdiction
• Cooperate and submit all necessary and requested information to SVCE in a complete and timely manner, for SVCE to submit any reports or documentation required by the Grant Agreement.
• Coalition will meet monthly to plan upcoming activities, review recent progress, share news, challenges, lessons learned, and best practices, and coordinate activities. All final report information and receipts will be provided to SVCE by Coalition Partners no later than two weeks prior to a relevant reporting deadline to ensure timely report submittal to the EPA.

Semi-annual reports will be provided on March 31 and September 30, or the closest prior

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2 business day, throughout the Grant term until the Final Report due date of September 30, 2029.
• Funding shall be disbursed by SVCE to Coalition Partners as follows:
o SVCE shall develop and distribute a reporting and reimbursement schedule within three months of executing the Grant Agreement that will establish deadlines for the receipt of reports and reimbursement requests and describe the reporting format and contents for the reports. These requirements will be established to comply with the Grant Agreement;
o Coalition partners submit progress reports and reimbursement requests that comply with the Grant Agreement executed with the EPA on or prior to the submittal deadline established by SVCE for the reporting period;
o SVCE shall submit all qualifying and complete reimbursement requests received to the EPA for the reporting period;
o SVCE shall distribute funding to Coalition Partners within 30 days of receiving funding from the EPA.

SECTION 4: RESPONSIBILITIES OF CITY OF CUPERTINO (“CUPERTINO”) • Do all things necessary to implement the following project (“Cupertino Project”): upgrades to the cooling, heating, and water heating components at Quinlan Community Center. The Cupertino Project will install Heat Pump HVAC and Heat Pump Water Heating. The Cupertino Project will include HPWH and HVAC retrofit requiring full construction planning, design, and bid package and is expected to include an 18-month performance period.

SECTION 5: RESPONSIBILITIES OF CITY OF MORGAN HILL (“MORGAN HILL”) • Do all things necessary to implement the following project (“Morgan Hill Project”):

Centennial Recreation Center (“CRC”) Electrification Project, which includes the following components:
• Replacement of 4 gas boilers with electric boilers
• Replacement of the pool heater with an electric heat pump • Replacement of Kitchen appliances with electric appliances • Increase in microgrid battery storage
• Required electrical upgrades to support these enhancements • Installation of an electric vehicle charging unit
Morgan Hill will seek meaningful engagement with low-income and disadvantaged communities continuously for the life of the Grant by providing outreach, engagement, input opportunities, and information about the project in both English and Spanish languages. Morgan Hill will partner with local groups including the public library, AAUW, and climate action groups to reach a wide range of residents. Additionally, Morgan Hill is proposing to install a mural completed by a local artist that will incorporate a clean energy theme. The artwork will be designed to inspire and intrigue across Morgan Hill’s diverse cultural and socioeconomic backgrounds.

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3 SECTION 6: RESPONSIBILITIES OF CITY OF MOUNTAIN VIEW (“MOUNTAIN VIEW”) • Do all things necessary to implement the following projects (“Mountain View Project(s)”):

Resiliency and decarbonization infrastructure improvements in the form of Solar and battery installation, and heat pump HVAC installation at two sites: Mountain View Sports Pavilion at Graham Middle School - 191.5 kW Solar & 2.5 MWh BESS & Heat Pump HVAC and Whisman Sports Center at Crittenden Middle School - - 66.7 kW Solar & 250 kWh BESS Mountain View will provide in-kind community engagement with low-income and disadvantaged communities throughout the development and implementation of the grant. Mountain View’s Sustainability and Resiliency Division and Multicultural Engagement Program (“MEP”) would partner to provide linguistically and culturally appropriate outreach to incorporate community input and provide updates throughout the grant process. Mountain View is also undergoing other planning processes that will involve community engagement around resiliency infrastructure and programming that can be leveraged for PFRIP. Mountain View will consider community feedback from these processes to inform the CPRG projects.

SECTION 7: RESPONSIBILITIES OF CITY OF SAN JOSE (SAN JOSE) • Do all things necessary to implement the following projects (“San José Project(s)”):

Microgrid construction at six critical facilities:
• Roosevelt Community Center - 200 kW Solar System & 800 kWh BESS1 & Controller • Happy Hollow– Kelley Park Campus - 200 kW Solar System, 1200 kWh BESS & Controller • Fire Stations 23, 32, and 36 – each 75 kW Solar System, 176 kWh BESS & Controller • Fire Training & Emergency Operations Center - 880kWh and 660kWh BESS & Controller The San José Project will also:
• Retrofit 100 gas water heaters at 50 facilities citywide with heat pumps, • Install 60 Level 2 EV chargers at the EOC that will be available for public use, • Develop a Project Website and social media to display PFRIP GHG emissions reductions and milestones in real-time, and
• Hold translated meetings and a celebratory Climate Art Fair to engage community members in climate action and inform them about the facility improvements.

San José’s 100 Heat Pump Water Heater Retrofits at 50 facilities: San José will contract with one its existing vendors for purchase of heat pump water heating (“HPWH”) equipment and conduct installations using existing Citywide Facilities Maintenance Staff or contractors. HPWH will be installed at a rate of 2 per month following an initial training period, sponsored through the Project Work Force Development plan (see Section 9). All projects are expected to be installed and inspected by June 30, 2029.

San José’s Roosevelt Community Center, Happy Hollow-Kelley Park Campus and Fire Station 32 has already been designed and the other two will move immediately to construction bid package procurement. The three projects are expected to have two (2) year performance periods and serve as baseline comparison models for the Design Parameters Analysis. • Four (4) events total will be planned to showcase completed projects and encourage climate action countywide, two by the San José Office of Economic and Cultural Affairs as a Climate Art Fair, and two by SPUR (see Section 10).
1 Battery Energy Storage System (BESS)

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4 • San José will host a Project Website including GHG Dashboard for displaying reduced emissions as projects are completed, and 5 community presentations translated into the County’s three (3) widely spoken non-English languages of Spanish, Vietnamese, and Mandarin Chinese including live translation for community meetings. • The project includes a focused community engagement plan that will build upon San José’s Climate action plans and City Infrastructure Strategy that are informed by prior extensive community, technical, and stakeholder processes.
• San José partners with the Santa Clara County Office of Labor Standard Enforcement on prevailing wage and wage theft policies to ensure countywide wage equity and prevent wage theft. San José’s Office of Equality Assurance will oversee prevailing wages for the project and help monitor companies who would be contracted for project implementation to ensure that their workers are properly paid for the work they do.

SECTION 8: RESPONSIBILITIES OF CITY OF SUNNYVALE (“SUNNYVALE”) • Do all things necessary to implement the following projects (“Sunnyvale Project(s)”) All-electric rebuild of two critical facilities:

Sunnyvale Project- Fire Station 2 will install (based on initial design estimations):
• 12 electric rooftop packaged heat pump HVAC with optimizers • Up to two 80-gallon electric heat pump water heaters
• 2 built-in induction cooktops
• 4 EV chargers for all-electric fire trucks at the station and EV infrastructure upgrades • 75 kWh Solar + 176 kWh BESS
• Community engagement - digital dashboard in lobby or front of building • Design and construction
Sunnyvale Project- Water Pollution Control Plant , Cleanwater Center will install (based on initial design estimations):
• 114 kW Solar System
• 1 Heat Pump Water Heater
• 3 Electric Heat Pump HVAC units and 1 large HVAC heat pump • Electrical Design and Construction
The Fire Station 2 project will have already been designed at the start of year one and will be ready to move immediately to Permitting. The Water Pollution Control Plant project will be in Planning and Design at the start of year one and, by the end of year one, will have moved to Permitting. Both projects are expected to have two-year performance periods and serve as baseline comparison models for the Design Parameters Analysis.
• Sunnyvale plans to bolster its engagement with low-income and disadvantaged communities throughout the development and implementation period of the Grant term using in-kind funds • Sunnyvale’s Sustainability team plans to partner with the City’s EAI team to develop outreach materials in Spanish, Mandarin and Tagolog to design linguistically and culturally appropriate outreach materials for engagement throughout the Grant term.

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5 SECTION 9: RESPONSIBILITIES OF PROSPECT SILICON VALLEY (“PROSPECTSV”) • Lead Design Parameters Performance and Workforce Development • Lead the design parameters performance evaluation and workforce development activities • Contract with an experienced engineering team from Point Energy Innovations and IDeAs Consulting to lead the Coalition in establishing a basis of design for each project to be performed under PFRIP. The approach will be as follows and include a QAPP:
o Develop a Roadmap for Community Resilience Center Features (Roadmap). These will be Design Guidelines for essential features of the community resiliency centers included in the project, providing a consistent benchmark for building construction performance, capacity for services, and energy efficiency.
o Develop a PFRIP Standard RFP/RFQ and Mechanical Engineering and Plumbing (MEP) Bid Package: These will be guidelines, scope elements, and team qualifications provided to each City’s project team for securing standardized qualified design and construction services.
o Develop and Implement Decarbonization Retrofit and Resilience Upgrades Assessments:

Review each facility’s pre and post construction conditions, required upgrades, and available funds against the Roadmap, RFP, and Bid Package Guidance to provide projectspecific performance metrics assessing build quality and final facility features and service capacity to local community members (e.g. air quality protection, water supply, power resiliency, or shelter). Results of this review would be provided in a project metrics and performance report.
• Lead Workforce Development Activities. Training Modules and Apprenticeship Program will be developed in Year 1. Trainings will be provided to city staff and 50 low income individuals, sponsored by the grant, in years 4-5, with final program evaluation submitted by September 30, 2029. All projects, performance assessments, community engagement, and reports will be completed by September 30, 2029.
• Coordinate a training series for building industry practitioners on building decarbonization and zero-carbon building systems. ProspectSV has partnered with DMG North, a representative of leading HVAC (Heating, Ventilation, and Air Conditioning) equipment manufacturers in Northern California, to establish a Northern California Training Center in the Bay Area. This center will be available for industry training and education over the duration of the Grant period and beyond. DMG North regularly hosts training sessions with Trade Professionals, Professional organizations, Unions, Vocational Schools, Colleges, and Universities. They have committed to being a resource for the industry and to help educate and train others, which will have a far-reaching impact on commercializing this in the marketplace. The training series, to be developed under PFRIP funding in Year 1, would be based on the experience of veteran workforce development professionals with a history of supporting clean technology workforce efforts across the Bay Area. The program will include classroom and webinar training and speaking engagements, but also will leverage the partnerships of professional organizations like Sustainable Purchasing Leadership Council, North American Sustainable Refrigerants Council, International Facilities Management Association, and others to reach the broadest and most relevant stakeholders across the buildings industry value chain. Special attention will be paid to the buildings design and modeling industry through a network of design leaders engaged in as program advisors. The program will be available to the Coalition Partners’ staff as in service training, and up to 50 low income residents seeking journeyman plumbing or electrician credentials, during years 2-5 of the Grant period.

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6 SECTION 10: RESPONSIBILITIES OF SAN FRANCISCO BAY AREA PLANNING & URBAN RESEARCH ASSOCIATION (“SPUR”)
• Lead the Equity Analysis, Community Engagement and managing consultant work on GHG Performance analysis and the Quality Assurance Project Plan. • Lead the Coalition Partners and contract with a consultant to conduct the GHG performance analysis including:
o A Quality Assurance Project Plan (“QAPP”) will be developed and submitted by the end of Year 1. The QAPP will be developed using: electricity and utility data, temporary metering for peak loads, summer and winter monitoring, real-time and modeled GHG emission benefits.
▪ Electricity and utility data analyzed at each site for a period of at least 2 years preceding the kickoff of construction to provide site-specific EUI, Natural Gas Usage, and a calculated GHG Emissions factor baseline comparison. ▪ Temporary metering will be used to determine peak loads and energy generation or usage profiles for each installed measure following construction completion. Sites will be monitored for a period of 2 months – 2 years depending on timeline for construction completion (see 3.c below). ▪ For sites with longer performance periods, both summer and winter peak monitoring will be assessed in real time. For entirely new facilities such as San José Fire Stations 23 and 36 and Sunnyvale San José Fire Station 2, the avoided GHGs and summer/winter peaks will be modeled based on minimum twomonth temporary metering and profiles of like counterparts within the project’s portfolio or other similar existing facilities.
▪ As projects are assessed for real-time or modeled GHG emissions benefits, the results will be displayed using an online dashboard included in the project website
• Lead Equity Performance and Community Engagement
o Equity Performance: submit the Low Income Benefit Report by September 30, 2025, and the Final Evaluation by September 30, 2029. This will include direct and indirect benefits to low-income and disadvantaged communities.
▪ Guiding questions include: How does this project address the pressing needs of marginalized groups? Are there data gaps? What additional data would help analyze the project to better understand its equity impacts? If so, how can SPUR obtain better data? What past investments/budget allocations have there been to this group/geography? These are the types of questions that SPUR’s assessment of the project will consider in its equity analysis (developed the Equity Framework of Analysis - Guiding Questions for Policy Projects. o Community Engagement: Submit the community engagement plan by September 30, 2025. As part of outreach: SPUR can host two events at SPUR Urban Center in San Francisco. One of these events will be hosted after the final project assessment is complete to share findings from the Project with regional stakeholders. SPUR will also support Project partners in organizing two additional events. These events are meant to highlight the upgrades made at facilities through a festive community gathering, report back on assessment findings, particularly community benefits achieved through the specific facility’s upgrade or retrofit in addition to benefits achieved across the entire project.
o As leader of the PFRIP’s Community Engagement and Equity assessment, SPUR will engage the community through surveys and interviews of residents who are served by

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7 these facilities, in addition to facility staff members, heat pump and microgrid installers, and other key people engaged in the resilience upgrades and decarbonization retrofits. • Lead research and written assessment on outcomes and learnings from the Public Facility Resiliency Implementation Project.
o Include findings from the SPUR-led portion of the Project:
▪ GHG-emission reduction impact & GHG reduction and cost savings calculations ▪ Low Income Benefit Report
▪ Outcomes from the community engagement process
o Include findings from other coalition members and facility implementation projects. This will require support from project partners in data gathering. This may include:
• An overview of the participating municipalities' public facility building portfolio and why the subset of buildings was chosen for funding. • A review of the approach of the Project’s “by-equipment” versus “by-building” with an explanation of the resiliency upgrades and the decarbonization retrofits and how this approach reduced the impact on operations and other conditions. • A review of the Project’s design standards
• Workforce development impacts from the partnership with ProspectSV • Three case studies of representative buildings that underwent resiliency upgrades or decarbonization retrofits: What was the process of retrofit, what was learned, who are communities served by buildings, and what were the community benefits or disbenefits? What specific planning, zoning and permitting issues or experiences that arose during project implementation? • Challenges and Best Practices: What can be learned from these projects to support other jurisdictions in making their public facilities more resilient through electrification transitions and other upgrades? SECTION 11: SCHEDULE OF ACTIVITIES AND DELIVERABLES
Refer to Exhibit C for the full grant application, including a proposed schedule of activities, deliverables, and budget estimates.

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Consolidated Budget Table
Public Facilities Resiliency Implementation Project

BUDGET BY YEAR
COST-TYPE CATEGORY YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL Direct Costs TOTAL PERSONNEL $1,154,236 $981,111 $1,109,626 $1,067,385 $873,498 $5,185,857 TOTAL FRINGE BENEFITS $638,092 $507,853 $583,354 $571,556 $403,076 $2,703,931 TOTAL TRAVEL $200 $200 $350 $3,850 $3,900 $8,500
TOTAL EQUIPMENT $4,234,377 $7,898,698 $2,603,764 $939,304 $4,914,244 $20,590,387 TOTAL SUPPLIES $0 $500 $5,000 $0 $11,100 $16,600
TOTAL CONTRACTUAL $7,220,066 $5,195,311 $2,369,705 $2,440,199 $1,660,932 $18,886,212 TOTAL OTHER $30,000 $343,500 $14,333 $13,633 $16,284 $417,750 TOTAL DIRECT $13,276,971 $14,927,172 $6,686,133 $5,035,927 $7,883,034 $47,809,237 TOTAL INDIRECT $555,640 $431,915 $466,222 $442,749 $294,234 $ 2,190,759.80 TOTAL
FUNDING $13,832,611 $15,359,087 $7,152,355 $5,478,675 $8,177,268 $49,999,997

BUDGET BY PROJECT
Project
Number Project Name Total Cost
1 Silicon Valley Clean Energy (Grant Administration) $1,415,775 2 San Jose Portfolio Project (6 microgrids, EVSE, 100 HPHWs, 1 Website, 5 Translated Community Meetings & Social Media Postings, & Climate Art Fair) $22,365,541 3 Sunnyvale Portfolio Project (2 microgrids, HVAC Heat Pumps, HPWH, EVSE, Induction Cook Tops) $3,606,777
4 Morgan Hill Portfolio Project (Electric Boilers & Pool Heater, Heat Pump HVAC, Electric Kitchen, and EVSE) $3,599,871
5 Mountain View Portfolio Project (2 microgrids) $13,713,123 6 Cupertino Portfolio Project (Heat Pump HVAC & HPHW) $1,951,321 7 SPUR (Community Engagement, Equity, & GHG Performance Assessments) $1,556,411 8 Prospect Silicon Valley (Building Design Performance & Workforce Development) $1,791,177 Total PFRIP Total $49,999,997
45%
4%
100%
% of Total
3%
7%
7%
27%
3%
4%

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1 SECTION 1: OVERALL PROJECT SUMMARY AND APPROACH
The Public Facility Resiliency Implementation Project (PFRIP) will be a regional funding source and implementation project for design and construction of publicly owned and operated fuel-switching, electric vehicle (EV) charging, and solar/battery storage projects in Santa Clara County, CA. As a Coalition led by Silicon Valley Clean Energy (SVCE), the Cities of San José, Sunnyvale, Morgan Hill, Mountain View, and Cupertino, in collaboration with SPUR and Prospect Silicon Valley, will implement greenhouse gas (GHG) reduction measures at 62 critical and community-serving facilities all meeting EPA-defined disadvantaged criteria and $49,999,997 worth of electrification projects and supporting performance assessments and community engagement activities. SVCE will be the coalition lead and submit a Memorandum of Agreement (MOA) signed by all coalition members by July 1, 2024. The MOA will describe the roles and responsibilities of each coalition member in implementing the proposed greenhouse gas reduction measures, including related equity analysis, performance evaluation, community engagement and workforce development activities, and fulfilling all reporting requirements for the grant performance period. SVCE will establish the Public Facility Resiliency Fund (Fund) and ensure timely distribution of the Fund to the coalition’s members for use in PFRIP. Each coalition member City will be responsible for leading the design, construction, and maintenance of its GHG reduction measures; take an active role in planning and implementing the project equity analysis, performance evaluation, community engagement and workforce development activities; and fulfilling all reporting requirements, for activities that take place in its jurisdiction. SPUR will lead the equity, community engagement and GHG reduction performance analyses. Prospect Silicon Valley will lead the design parameters performance evaluation and workforce development activities.

PFRIP will benefit low income and disadvantaged communities throughout the Bay Area by electrifying and fortifying 62 critical facilities countywide such as community shelters and fire stations that serve the communities' most urgent needs during emergencies as first responders or cooling and heating centers, gathering/family reunification spaces and shelters for those without traditional homes or access to personal emergency equipment like generators. Publicly owned and operated facilities such as libraries, cultural facilities, and community or recreational centers are also equitable meeting spaces, providing daily childcare and eldercare programs or access to exercise and computer equipment to low-income individuals. When enhanced with decarbonized assets such as EV charging infrastructure and all-electric equipment and backup power, these spaces will become powerful community resiliency centers providing public charging access, and will move Bay Area cities towards national, state and local decarbonization goals1.
a. Description of GHG Reduction Measures
The Public Facility Resiliency Implementation Project (PFRIP) will implement “Decarbonization Retrofits” that change natural gas powered equipment for electric counterparts in major building systems including Heating, Ventilation, and Air Conditioning (HVAC) replacements, water heating and pumping, and kitchen appliances; and install “Resiliency Upgrades” for green backup power in the form of solar and battery, or microgrids, that may be integrated with public Electric Vehicle Supply Equipment (EVSE). These same measures are listed in the San Benito County and Santa Clara County Priority Climate Action Plan (PCAP), under Measure BE-2 on page 19, (see file 1 such as the Department of Energy’s Decarbonizing the U.S. Economy by 2050 plan, California Air Resources Control Board’s Advanced Clean Fleets Regulation and California’s Clean Energy Transition Plan, Santa Clara County’s Silicon Valley 2.0, and local climate action plans, such as Climate Smart San José, Sunnyvale’s Climate Action Playbook, Morgan Hill’s Climate Action Plan, Mountain View’s Sustainability Action Plan and Cupertino’s CAP 2.0.

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2 CA_SanBenito&SantaClaraCountiesMSAPCAP_SVCE_PFRIP) and were chosen for their transformative impact at achieving net-zero buildings, and wide recognition as the measures that lead to major greenhouse gas reductions in the multiple climate adaptation plans listed above, and many others. Each measure is listed in the Climate Pollution Reduction Implementation Grants (CPRG) Notice of Funding Opportunity, under the Electric Power, Transportation, and Building Sectors, as a recognized greenhouse gas reduction measure. Table 1 shows the locations and planned retrofits.

The GHG reduction measures will be implemented according to the project workplan, and scheduled milestones as described in Section 3 and completed before the end of the grant performance period.

Completion dates are planned to provide a final performance evaluation period for assessing the actual GHG reduction benefit of each constructed measure in each facility. Underlying assumptions associated with this work plan are that projects will be contracted and initiated in a timely fashion as described by the workplan, all equipment will be available for purchase without major assembly line delays, and all additional power supplies needed for electrical system upgrades can be provided by the relevant utility companies within 1-2 years of design completion. Indeed, these same assumptions present project risks to impacting the project timeline, so early coordination with utility and equipment companies will be employed and construction milestones have intentionally been given contingency time and budget inflation to ensure timely deliverables are met. A thorough list of project risks and assumptions will be included in the Quality Assurance Project Plan (QAPP) upon award.

Table 1: List of the proposed GHG reduction measures to be implemented. *Full Site list available in Other Attachments file Areas_SVCE_PFRIP. All projects include the necessary electrical panel and distribution upgrades to support these enhancements.
i. Detailed Descriptions of City Coalition Members’ Sub-Project GHG Reduction Measures:

San José Decarbonization and Resiliency Projects:

Through the regional grant application, the City of San José Public Works Department seeks $22,365,541 in funding for microgrid construction at six critical facilities:
• Roosevelt Community Center - 200 kW Solar System & 800 kWh BESS2 & Controller • Happy Hollow– Kelley Park Campus - 200 kW Solar System, 1200 kWh BESS & Controller 2 Battery Energy Storage System (BESS)

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3 • Fire Stations 23, 32, and 36 – each 75 kW Solar System, 176 kWh BESS & Controller • Fire Training & Emergency Operations Center - 880kWh and 660kWh BESS & Controller The project will also:
• Retrofit 100 gas water heaters at 50 facilities citywide with heat pumps, • Install 60 Level 2 EV chargers at the EOC that will be available for public use, • Develop a Project Website and social media to display PFRIP GHG emissions reductions and milestones in real-time, and
• Hold translated meetings and a celebratory Climate Art Fair to engage community members in climate action and inform them about the facility improvements.

All 56 San José facilities are located within Justice-40 recognized Low Income and Disadvantaged (LIDAC) census tracks.

Roosevelt Community Center and Happy Hollow Park and Zoo are active community emergency shelters used for disasters, heating, and cooling relief. The centers are part of a network of local emergency shelters that are typically activated between 1-2 times per month, operating year-round as needed.

Roosevelt Community Center also provides daily childcare and elder care programs, and community access to meeting rooms, computers, exercise equipment, locker room, and a commercial kitchen.

Happy Hollow Park and Zoo covers a large campus including the Association of Zoos and Aquariumscertified zoo caring for rare and endangered animals, the Leininger Community Center offering community meeting rooms and commercial kitchen, and Kelley Park which contains a sanitary pump station requiring constant electrical power to prevent sewage entering nearby Coyote Creek. Fortifying these critical facilities with solar and battery backup power will provide full electrification potential to convert them to resiliency centers, ensure their use as emergency shelters during wide scale power outages or disasters, and protect natural resources including local water quality.

Fire Stations 23, 32, and 36 will be newly built critical facilities with all-electric construction. Existing buildings of Fire Stations 23 will be demolished, and rebuilt, while Fire Station 32 is a newly built as-yet unoccupied facility and Fire Station 36 will be an entirely new facility adding emergency protection to previously unprotected disadvantaged communities in South-Central San José.

The Fire Training and Emergency Operations Center (EOC) is one of two regional fire training facilities that trains firefighters stationed throughout Santa Clara County, and the central Emergency Operations Center for the 10th largest City in the United States. The EOC will be used as the countywide central emergency center during Super Bowl 2026. The site currently has a 416.6 kW solar system in place but needs two batteries to complete its microgrid design. The microgrid to be installed through the project will ensure continuous operation of the EOC during disasters, including the 60 Level 2 EV chargers that will be directly linked to the microgrid system. The EV chargers installed through the project will ensure that public EV charging is available in San José both during times of emergencies and daily, serving the disadvantaged community in which they will be built.

The project will also retrofit 100 gas water heaters at 50 community-serving facilities with heat pump models, providing significant greenhouse gas reductions to the countywide building portfolio. These community-serving facilities span the City’s disadvantaged neighborhoods and include 4 emergency shelters, 17 community and youth centers, 9 libraries, 8 fire stations, 5 cultural and recreational facilities, 6 municipal offices or corporation yards, and 1 police facility. Retrofitting water heaters in these facilities will ensure their beneficial services and improve air quality within their disadvantaged communities.

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4 Sunnyvale Decarbonization and Resiliency Projects:

The City of Sunnyvale seeks $3,459,281 in funding for an all-electric rebuild of two critical facilities: Fire Station 2 and the Sunnyvale Water Pollution Control Plant.

Fire Station 2 is one of two regional fire training facilities to offer numerous required training courses for firefighters throughout Santa Clara County and serves two LIDAC communities in Sunnyvale. The Fire Station is also one where the community and firefighters can engage in events like the annual pancake breakfast. With the number of visitors and trainees coming through the Station, electrification of this building will have far reaching impacts in the community. Fire Station 2 meets multiple 90 percentile thresholds including PM 2.5 in the air, lack of green space, proximity to hazardous waste facilities and superfund sites, and traffic proximity and volume.

The project will install (based on initial design estimations):
• 12 electric rooftop packaged heat pump HVAC with optimizers • Up to two 80-gallon electric heat pump water heaters
• 2 built-in induction cooktops
• 4 EV chargers for all-electric fire trucks at the station • 75 kWh Solar + 176 kWh BESS
The Sunnyvale Water Pollution Control Plant is one of the oldest treatment plants on the West Coast. It works around the clock to provide essential wastewater treatment for all Sunnyvale residents and businesses. The Cleanwater Center is one of the necessary upgrades planned for this aging facility.

Designed to LEED Gold standards, it will be an operational hub for the 67-person team who operates, maintains, and manages the Plant. It will also serve as the welcome center for the public, both visitors and participants in tours of the Plant made available to the public. The Cleanwater Center meets multiple 90 percentile thresholds including PM 2.5 in the air, expected agriculture loss rate, and projected wildfire risk.
• The project will install:
• 114 kW Solar System
• 1 Heat Pump Water Heater
• 3 Electric Heat Pump HVAC units and 1 large HVAC heat pump • Electrical Design and Construction
Electrifying public buildings comes with increased costs and Play 2.2 of the City’s Climate Action Playbook aims to eliminate fossil-fuel powered appliances and/or sources in public buildings upon rebuild or significant remodel. While Sunnyvale has established this goal, increasing construction costs and additional costs of electrification can be a burden. To ensure the City can continue to meet its CAP goals, grants to offset costs are required. Therefore, offsetting these costs through CPRG dollars will support the City in meeting its ambitious building decarbonization target to electrify 44% of existing buildings by 2030. Modernizing and electrifying Fire Station 2 and the Cleanwater Center will allow the City to continue to prioritize future public building decarbonization projects and foster healthy and safe working and training conditions for local firefighters and essential staff that serve Sunnyvale’s diverse population and underserved communities.

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5 Cupertino Decarbonization Project:

Through the regional grant application, the City of Cupertino Works Department seeks $1,951,321 in funding for upgrades to the cooling, heating, and water heating components at Quinlan Community Center.
• The project will install: Heat Pump HVAC and Heat Pump Water Heating Quinlan is a multi-use building providing staff office space, classrooms for recreation classes, space for the Cupertino Historical Society, and rentals. Quinlan is also used when the City needs to activate a shelter for heating, cooling, air quality, or most recently as space for displaced residents after a fire at a multi-family complex. The HVAC system at Quinlan was described in a building condition assessment study as being “in poor condition and well past its useful service life… [and is] an outdated pneumatic system that does not allow for remote monitoring or modern energy efficiency strategies.” Ventilation is not sufficient in the dance and fitness rooms, leading to doors being propped open. The 27,000 square foot facility was built in 1989 and the heating and cooling equipment is original to the building.

Morgan Hill Decarbonization and Resiliency Project:

Through the regional grant application, the City of Morgan Hill seeks $3,599,871 in funding to support the Centennial Recreation Center (CRC) Electrification Project, which includes the following components:
• Replacement of 4 gas boilers with electric boilers
• Replacement of the pool heater with an electric heat pump • Replacement of Kitchen appliances with electric appliances • Increase in microgrid battery storage
• Required electrical upgrades to support these enhancements • Installation of an electric vehicle charging unit
The proposed project will serve the entire City population including the City’s significant low-income population. The project will allow the CRC to act as a resilient heating, cooling, and gathering center for the community which will especially benefit residents who may not have heating or cooling at their own homes. Public facility electrification is a community-driven goal that was included by a community working-group in the City’s adopted CAP.

Mountain View Decarbonization and Resiliency Projects:

The City of Mountain View seeks $13,860,618 in funds for resiliency and decarbonization infrastructure improvements in the form of Solar and battery installation, and heat pump HVAC installation at two sites:
• Mountain View Sports Pavilion at Graham Middle School - 191.5 kW Solar & 2.5 MWh BESS & Heat Pump HVAC
• Whisman Sports Center at Crittenden Middle School - - 66.7 kW Solar & 250 kWh BESS These retrofits and installations will support the middle schools’ operations, energy resiliency, and critical heating and cooling during extreme weather events. The middle schools serve 877 and 590 students respectively and allow public use of the facilities. Daily indoor air quality will be improved for students, staff, and the public. Both sites are designated community shelters used during climate-related

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6 and other emergencies, and the microgrids will ensure their intended emergency use. These projects support the City of Mountain View’s goal to provide a livable community for all, supporting sustainability and resiliency.
b. Demonstration of Funding Need
Bay Area cities are struggling to meet decarbonization goals due to the high cost of electrification equipment paired with lack of capital dollars available in many cities’ General Funds, and inability to generate revenue within capital budgets. Bay Area cities are therefore looking to the Federal Infrastructure Bill for desperately needed assistance in meeting these ambitious goals, of which the CPRG represent the most significant funding opportunity to date. Other funding opportunities were either not awarded, deemed ineligible or insufficient for meeting individual Bay Area cities’ resiliency needs. The CPRG alone offers Santa Clara County Cities an opportunity to create zonal decarbonization, a wide variety of greenhouse gas reductions and conduct portfolio-wide building electrification and resiliency that will enhance the quality of their residents' lives without further burdening California taxpayers who already pay some of the highest taxes and energy rates in the nation.

While the Santa Clara County Cities are committed to electrifying public buildings, costs for electrification improvements are beyond what is available in General Funds, and Public Works Departments are unable to generate revenue through special fees. For this reason, the San José Budget Office, for example, discourages the use of loans and is generally unable to take advantage of tax incentives without upfront funding sources. As another example of funding challenges, in 2023 the City of Cupertino lost approximately 75% of its sales tax revenue because of a state audit of a local vendor.

Resulting budget cuts have made advancing modernization projects exceedingly difficult, so outside funding must be sought. While there are tax incentives such as the Inflation Reduction Act (IRA) direct pay available for solar and battery projects, they do not cover full costs. The City of Mountain View conducted an analysis of available federal and state funding sources that revealed that there is not a comparable funding opportunity to the CPRG which would cover the funding gap needed for solar and battery on just its two locations.

Santa Clara County cities explored federal funding sources in 2023 to cover the costs of needed electrification improvements, particularly for microgrid systems, without successful project fit. The EPA’s GHG Reduction Fund Solar for All program covers residential solar only, and therefore is not an eligible funding opportunity for public facilities. Sunnyvale explored the Energy Efficiency Block Grant program for funds to support public facility electrification, however Sunnyvale’s share at under $200,000 was insufficient to offset construction and equipment costs. San José staff prepared sub-applications for both the Federal Emergency Management Agency (FEMA)’s Building Resilient Infrastructure and Communities and Hazard Mitigation Grant Program grants, which are widely considered to be the two most notable federal grants offering microgrid eligibility but were advised by California representative staff to withdraw due to inability to create a positive Benefit-Cost Analysis (BCA) analysis, and conflicting project needs. FEMA-funded equipment may be used as emergency measures only, which precludes use of microgrids for daily energy shaving and thus significantly reduces their GHG reduction benefit. FEMA’s BCA metrics consider microgrid systems to be a type of generator, thus are not optimized for microgrid applications. Finally, FEMA standards do not consider power outages due to rolling blackouts, brownouts, Planned Power Safety Shutoff (PSPS), or other non-federally declared disasters eligible events for BCA analysis or use of FEMA- funded equipment. Bay Area municipalities need to install microgrid systems as emergency power backup for a myriad of non-federally recognized emergencies

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7 such as storm-driven outages, locally centered fires, and minor earthquakes, and mitigating effects of planned outages or rolling blackouts that have become more common in Northern California as the electric grid is strained during summer and fall heat waves. While FEMA does not recognize these events as emergencies, Bay Area residents still experience them as such and require refuge during them.

Staff explored recent California state funding options and incentives for covering costs of microgrid equipment implementation or planning. The recently announced GFO-23-403 - Local Government Building Decarbonization Challenge and Integrated Climate Adaptation and Resiliency Program (ICARP)’s Extreme Heat Resiliency grants do not offer significant enough funding amounts for implementing regional GHG reductions. San José staff applied to the ICARP Regional Resiliency Planning Grants program in June 2023 for a Microgrids Roadmap Planning Grant but were not awarded. The San José City Manager's Office was awarded an Adaptation Planning Grant through ICARP that will be used to create a citywide climate adaption plan that will include the implementation elements listed in this application among a variety of climate priorities.

Staff chose to include EVSE in this proposal due to previous EVSE grant incompatibility or lack of success.

Staff are exploring ICARP’s GF-23-306 grant program but due to the 100-port minimum, the EVSE projects included in this proposal do not meet that program’s minimum requirements. San José, Sunnyvale, and Morgan Hill explored the Department of Transportation (DOT) Charging and Fueling Infrastructure (CFI) Discretionary Grant Program. The City of Morgan Hill found that CFI did not allow for installation of chargers at key local locations, including the City’s recreation center which is a local hub, due to corridor-proximity requirements; and Sunnyvale Fire Station 2 also had incompatible project fit.

The City of San José submitted applications for both CFI’s Community and Corridor implementation funding grants in June 2023 but were awarded neither.

Finally, the Cities of San José and Sunnyvale investigated both state and federal earmarks for assistance; Sunnyvale was unsuccessful, and San José’s individual infrastructure needs far outweigh the funding cap of these programs, making the listed microgrid projects in particular ineligible for earmarks. Finally, the outlook is not good for California state sponsored earmarks, and possibly grants as well with the upcoming expected State budget deficit. Tax-based revenue is the only option, aside from grants, for generating new funding and seen as last resort that should only be leveed on citizens if grant sources do not produce results. As stated above, Santa Clara County Cities are looking to the Federal Infrastructure Bill for much needed assistance to meet resiliency goals without increasing financial burdens to our low income and disadvantaged citizens.

The CPRG grant will provide much-needed funding for a portfolio of decarbonization, microgrid, and EVSE projects throughout Santa Clara County that cannot be matched by any other funding source available within the last 18 months. The funding request in this proposal would cover the gap between existing IRA and other federal/state incentives, and the full cost of the projects, for a portfolio of GHG reduction measures at 62 large public facilities achieving zonal decarbonization in Santa Clara County. c. Transformative Impact
Market transformation of emerging GHG emission reduction technology––While low-pollution equipment like heat pumps have matured technologically, they remain stuck in an “early adopter” stage in much of the US market, characterized by low market penetration compared with gas counterparts.

There’s reason to believe that, as the market matures, the cost of heat pumps will drop significantly, and market penetration of electric appliances will consequently accelerate as it becomes affordable relative

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8 compared to gas-fired appliances.
3 A National Renewable Energy Laboratory study projects that costs for HVAC heat pumps and heat pump water heaters will decrease by 30%–40% and 50%–55%, respectively, by 2050.
4 These cost reductions will be driven by innovation spurred by research and development funding, changes in consumer choice that increase demand, and consequent increases in heat pump production. The speed and success of this market transformation will have enormous implications for California’s climate goals–gas heating equipment in homes and businesses is still responsible for roughly 10% of California’s total greenhouse gas emissions.5
In addition, in 2023, the Bay Area Air Quality Management District (BAAQMD) passed a “first in the nation” rule phasing out the sale of gas heating in the Bay Area by 2031. As a result of this strong and unequivocal signal to the market, Bay Area communities are already well-positioned to accelerate the regional market development of heat pumps. However, further heat pump market maturation is needed before the phase-out to improve affordability relative to gas appliances and market integration.

PFRIP will support the market transformation by:

1. Increasing demand for heat pumps through the replacement of 106 gas water heaters with heat pump water heaters at 54 facilities countywide. Heat pumps baseline costs remain higher than their gas counterparts. Additional investments from cities and municipalities are needed to sustain market momentum and bring heat pumps into price competitiveness with gas equipment. Investments in public facilities can accelerate the market and contribute to overall heat pump affordability relative to gas appliances in two key ways:
a. Demand signal: PFRIP represents a sustained public investment in turnkey projects with predictable timelines and appliance investments. This can send a high profile and robust demand signal to manufacturers and distributors and boost the regional supply chain for zero-pollution equipment (See Technical Appendix, page 1 for Cost Projections Figure). b. Workforce capacity: PFRIP proposes investments in workforce training for contractors.

Contractor training remains a critical bottleneck in the installation of electric equipment, and consequently the cost, complexity of retrofits, and overall market demand for heat pumps. Training contractors in building electrification will contribute to market penetration of heat pumps and represent a sustained benefit for Santa Clara County communities as these newly trained workers continue to install zero-pollution equipment well beyond the lifespan of the PFRIP.

2. Contributing to regulatory and technical lessons: Siting and installing electrical equipment in buildings often requires careful planning, navigation of incentives, and overcoming technical and regulatory hurdles. These challenges can increase the cost of zero-pollution equipment, slowing demand, and stalling market transformation. Federal investment in public facility electrification will provide city planners, elected officials, and energy providers with an up-close experience 3 Rosenow, Jan, Duncan Gibb, Thomas Nowak, and Richard Lowes. 2022. “Heating up the Global Heat Pump Market.” Nature Energy 7 (10): 901–4. doi:10.1038/s41560-022-01104-8.
4 Feinstein, Laura. 2024. “Closing the Electrification Affordability Gap.” SPUR. https://www.spur.org/publications/spur-report/2024-02- 26/closing-electrification-affordability-gap.page 15, see Technical Appendix for Figure T1, page 1 5 “Zero-Emission Space and Water Heaters - Frequently Asked Questions (FAQs).” 2023. California Air Resources Board (CARB).

May. https://ww2.arb.ca.gov/our-work/programs/building-decarbonization/zero-emission-space-and-water-heater-standards/faq.

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9 with electrification for diverse building types. This in turn will drive the development of smart policies to address regulatory and technical frictions. Some example lessons might include:
a. Panel and service upgrades: Installing new electrical equipment, like heat pumps, risks triggering electrical panel and service upgrades, which can increase upfront costs, and require utilities to invest in additional distribution infrastructure and increase electric rates for its customers. Piloting the electrification of public buildings will generate lessons in optimizing panel load for medium and large-scale buildings to avoid panel and service upgrades. These lessons can in turn inform how municipalities encourage and support building electrification across the South Bay.
b. Learning to reduce regulatory and “red-tape” barriers: Regulatory barriers exist to siting, installing, and permitting heat pumps. These barriers vary across jurisdictions. By engaging in turnkey programs, Santa Clara municipalities can identify changes to city ordinances and permitting processes that can smooth the siting and installation of electric equipment.
c. Electrification planning for localities: Building electrification planning resources, such as Switch is On, Quit Carbon, and regional and local “concierge” services, are making electrification planning easier. However, navigating local peculiarities in contractor matching, available incentives, building types, and permitting and building ordinances, remain a challenge at all scales of building electrification. PFRIP will spur the creation of new electrification planning resources that are tailored to local building stocks, legal realities, contractor services, and incentives.

3. Education: There is a need to educate distributors, contractors, cities, and residents about zeropollution equipment, and pathways to electrification. Electrifying public buildings allows cities to lead by example and offer examples of building electrification that are highly visible for the wider community. Through contractor education, the PFRIP can prompt contractors to promote the installation of heat pumps over gas water heaters. Through public education, the PFRIP can prompt residents to switch out gas water heaters for heat pumps more quickly than the BAAQMD phase-out requires.

Santa Clara County is at the forefront of pioneering research and innovative practices aimed at significantly reducing greenhouse gas emissions. Microgrids and EVSE technology reflect similar trends for pricing, adoption and needs for market expansion as discussed above for heat pumps. For example, additional EVSE at public facilities will accommodate a rapidly transitioning personnel vehicle market. 6–
San José saw the fastest growth in EVs of any major US city. These Cities have embraced a dynamic business incubation approach that melds participatory design with a unified commitment to slashing GHG emissions, fostering a vibrant ecosystem of innovative solutions. This approach is poised to unlock novel pathways, policies, and programs with potential for replication beyond their borders.

SECTION 2: IMPACT OF GHG REDUCTION MEASURES
a. Magnitude of GHG Reductions from 2025 through 2030
6 Source: Nadia Popovich, "The Bay Area Leads the National Shift to Electric Vehicles" New York Times. https://www.nytimes.com/2024/03/12/us/bay-area-electric-vehicles.html

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10 According to the San Benito County and Santa Clara County MSA Priority Climate Action Plan (PCAP), Santa Clara County has 630 municipally owned buildings with 53,200 square feet (sqft) of building space with a collective GHG reduction potential of at least 32,970 MT CO2for the 2025-2030 period.

Collectively buildings account for 43% of greenhouse gas emissions in Santa Clara County, with 23% of that coming from natural gas appliances.

Pilot implementation will achieve widescale decarbonization of major appliances and additional decarbonization via microgrid resiliency technology and EV charger infrastructure at 62 very large facilities in Santa Clara County. Based on the PCAP, each building has an average 2025-2030 period reduction potential of 52.33 MT CO2. However, based on a simple per square foot (sqft) estimate, PFRIP measures implemented can reduce greenhouse gas emissions by up to 0.62 MT CO2 per sqft for the 2025-2030 period. Based on the San Jose HPWH cohort of known building gross floor area (GFA), the PFRIP Coalition has potential GHG reduction of over 2,100,860.18 MT CO2. These GHG Reduction calculations are available in the GHGcalcs_Silicon Valey Clean Energy _PFRIP.xlsx, Tab entitled “PCAP Calcs”.

Staff also conducted a benchmarking analysis on a subset of available buildings’ energy data to scope the GHG reduction potential for the pilot portfolio utilizing the EPA’s ENERGY STAR Portfolio Manager (ENERGY STAR). The data exported from ENERGY STAR supports the hypothesis that the annual emissions reduction potential from these measures will be much greater than indicated in the PCAP, as emissions reductions for the San José subset of heat pump water heater replacements alone showed potential direct GHG savings of at least 1239.5 MT CO2for 2025-20307, plus indirect GHG emissions savings of 1831.55 MT CO2, or 3,245 MT CO2.
b. Magnitude of GHG Reductions from 2025 through 2050
According to the PCAP, Santa Clara County’s 630 municipally owned buildings have a collective GHG reduction potential of at least 655,774 MT CO2for the 2025-2050 period, providing an average per building reduction estimate of 1040.91 MT CO2for the period.

Pilot implementation will achieve widescale decarbonization of major HVAC and heating appliances and additional decarbonization via microgrid resiliency technology and EV charger infrastructure at 62 facilities in Santa Clara County. Based on the PCAP, measures implemented can reduce greenhouse gas emissions by up to 64,536 MT CO2for the 2025-2050 period.

According to San José ENERGY STAR analysis, the annual emissions reduction potential from these measures could be much greater than indicated in the PCAP, as emissions reductions for the San José subset of heat pump water heater replacements alone showed potential direct GHG savings of at least 30987.5 MTCO2 for 2025-2050, plus indirect GHG emissions savings of 45788.75 MTCO2 by 2050, or 76776.25 MT CO2.
c. Cost Effectiveness of GHG Reductions
According to the PCAP, the total average cost effectiveness for the period of 2025 -2030 will be at least $49,999,997/3,245 MT CO2 = $15,409.90 per MT CO2 by 2030, on average. The total cost of San José’s heat pump replacements will be $1,684,035.38 including all equipment, labor, permitting, and staff 7 Conservative assessment assumes all replacements will be completed by 2029, with only one year of operation. Per work plan, ~24 units per year will be installed, creating additional expected GHG savings for the 2025-2030 time period that will be assessed in the project performance evaluation.

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11 oversite, so the total cost effectiveness potential of these measures alone could be as efficient as $548.36 per MT CO2 by 2030 per heat pump replacement.
d. Documentation of GHG Reduction Assumptions
The PCAP emission potential benefits were calculated using IPCC recommended methods and under an EPA-approved QAPP. However, this analysis used a very conservative estimate of countywide building counts only that did not include other types of non-building facilities, such as pools, bathrooms, and pump stations, that are included in the PFRIP portfolio, and estimated emissions based on an average per building energy usage and local utility provider fuel mix specifications rather than actual usage.

Details about the accounting methods used in the PCAP can be found in the attached PCAP copy and relevant sections have been provided in the Technical Appendix, Techappx_Silicon Valley Clean Energy_PFRIP.

According to the Natural Resources Defense Council (NRDC)8, heat pump water heater conversion can reduce onsite emissions by up to 50-70%. Microgrids can provide the potential for full electrification of a building combined with power savings during times of peak grid demand, such as summer and fall 5-9 pm hours, or during times when the grid is typically gas power plant fed, such as 12-4 am.

Staff also conducted a benchmarking analysis to scope the GHG reduction potential for the pilot portfolio utilizing the EPA’s ENERGY STAR Portfolio Manager (ENERGY STAR) and real building energy usage values on a subset of available buildings’ energy data. 12 months of Electricity and gas utility data from each of the City of San José’s 50 planned heat pump retrofit sites were entered to ENERGY STAR for the calendar year of 20239to provide a 2023 annual Direct GHG Emissions (Metric Tons CO2e) and Indirect (LocationBased) GHG Emissions (Metric Tons CO2e) value for each building. Data was exported from ENERGY STAR and applied to the heat pump water emissions reductions factor of 50% for each location to achieve an expected annual emissions reduction. The export table including relevant building ENERGY STAR IDs and spreadsheet calculations are available in the Technical Appendix spreadsheet, GHGcalcs_Silicon Valley Clean Energy_PFRIP.

Cost effectiveness values were calculated using the EPA’s required cost effectiveness calculation equation applied to 1) whole cost of all PFRIP measures (including all budget categories) divided by the Sum of Quantified GHG reductions from 2025-2030 according to the PCAP and 2) whole cost of San José heat pump conversions (including all budget categories) alone divided by the Sum of Quantified GHG reductions from 2025-2030 according to the ENERGY STAR analysis. Additional details about the GHG Reduction Assumptions and methods used to calculated are available in the in the Technical Appendix.

SECTION 3: ENVIRONMENTAL RESULTS – OUTPUTS, OUTCOMES, AND PERFORMANCE MEASURES a. Expected Outputs and Outcomes
The project will assess output and outcome metrics in alignment with the PCAP, and in pursuit of the actual GHG benefit, comparing energy and GHG values pre-installation to post-installation at all existing facilities.

The following output metrics are included in the PCAP and will be quantified:
8 Electric Heat Pumps Can Slash Emissions in California Homes (nrdc.org) 9 In a few instances 2023 data was not fully available, so 2022 values were used. The appendix provides details about the calculations and includes the ENERGY STAR data output.

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12 • Number of facilities retrofitted
• Number of carbon-free appliances purchased or installed In addition, the project will assess the following outcomes:
• Average energy savings per building, both as electricity and natural gas usage • Average energy cost savings per building, both as electricity and natural gas usage • Average Energy Usage Intensity (EUI) reduction per building • Total quantity of avoided GHG emissions as calculated from real time energy use, production, an/or storage in microgrids and EVSE
• Total quantity of GHGs reduced from natural gas appliances switched to electric • Amount of reduced purchased fuel by fuel type
• Assess feasibility of quantifying CAP and HAP emissions reduction • Actual Cost effectiveness of avoided GHGs
• Assess feasibility of avoided CAP and HAP emissions
b. Performance Measures and Plan
i. GHG Reduction Performance:

Immediately following award acceptance, SPUR will lead the Coalition to select a consultant to conduct the GHG performance analysis. A QAPP will be developed and submitted by the end of Year 1. Electricity and utility data will be analyzed at each site for a period of at least 2 years preceding the kickoff of construction to provide site specific EUI, Natural Gas Usage, and a calculated GHG Emissions factor baseline comparison. Temporary metering will be used to determine peak loads and energy generation or usage profiles for each installed measure following construction completion. Sites will be monitored for a period of 2 months – 2 years depending on timeline for construction completion (see 3.c below).

For sites with longer performance periods, both summer and winter peak monitoring will be assessed in real time. For entirely new facilities such as San José Fire Stations 23 and 36 and Sunnyvale San José Fire Station 2, the avoided GHGs and summer/winter peaks will be modelled based on minimum two month temporary metering and profiles of like counterparts within the project’s portfolio or other similar existing facilities. As projects are assessed for real-time or modelled GHG emissions benefits, the results will be displayed using on online dashboard included in the project website, described in Sections 3c and

4. ii. Work Plan Performance: Design Guidelines and Evaluation The Public Facility Resiliency Fund fuels an ambitious set of facility upgrades to establish a network of community resilience centers serving disadvantaged and vulnerable communities across Santa Clara County. It is critical each location will produce a consistent set of facility features and service capacity, based on local needs. To that end, Prospect Silicon Valley, (ProspectSV) with an experienced engineering team from Point Energy Innovations and IDeAs Consulting, will lead the Coalition to establish a basis of design for each project to be performed under PFRIP. The approach will be as follows and include a QAPP:
• Develop a Roadmap for Community Resilience Center Features (Roadmap). These will be Design Guidelines for essential features of the community resiliency centers included in the project, providing a consistent benchmark for building construction performance, capacity for services, and energy efficiency.

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13 • Develop a PFRIP Standard RFP/RFQ and Mechanical Engineering and Plumbing (MEP) Bid Package: These will be guidelines, scope elements, and team qualifications provided to each City’s project team for securing standardized qualified design and construction services. • Develop and Implement Decarbonization Retrofit and Resilience Upgrades Assessments: Review each facility’s pre and post construction conditions, required upgrades, and available funds against the Roadmap, RFP, and Bid Package Guidance to provide project-specific performance metrics assessing build quality and final facility features and service capacity to local community members (e.g. air quality protection, water supply, power resiliency, or shelter). Results of this review would be provided in a project metrics and performance report. c. Authorities, Implementation Timeline, and Milestones SVCE is a Joint Powers Authority eligible to lead this grant10, and will establish the Public Facility Resiliency Fund (Fund) ensuring timely project reimbursement and distribution of the Fund to the Coalition’s members for use in the PFRIP. Each coalition member City will be responsible to lead design, construction, and inspection of its GHG reduction measures; take an active role in planning and implementing the project equity analysis, performance evaluation, community engagement and workforce development activities; and fulfill all reporting requirements, for activities that take place in its jurisdiction. SPUR will lead the Equity Analysis, Community Engagement and GHG Performance. Prospect Silicon Valley will lead Design Parameters Performance and Workforce Development. Each Coalition member City has the authority to carry out its proposed measures, and will contract for design and construction as needed, within its jurisdiction. Assistance will be required from Pacific Gas and Electric (PG&E), the local utility provider, for installing electrical panel and transmission related upgrades to accommodate increased electrical capacity at each site.

Major Workplan Milestones:
a. Administration and Reporting: Prior to grant award and acceptance, SVCE will lead development and submittal of the Coalition’s Memorandum of Agreement (MOA) by July 1, 2024. The Workplan is expected to initiate with grant award by October 1, 2024, and complete five years later by September 30, 2029. Semi-annual reports including reimbursement receipts will be submitted to the EPA every six months following award acceptance, on March 31 and September 30, or the closest prior business day, annually. The Project Plans for GHG Performance and Building Design Performance and each’s respective Quality Assurance Performance Plan (QAPP), and the Low Income Benefit Report and Community Engagement Plan, will be submitted by September 30, 2025. The Final Project Report and reimbursement receipts will be submitted by September 30, 2029. 10 Silicon Valley Clean Energy’s Joint Powers Authority Charter may be viewed in the file Attachment, Executed JPA_SVCE_PFRIP.

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14 b. Decarbonization Projects:
i. San José’s 100 Heat Pump Water Heater Retrofits at 50 facilities: The City of San José will contract with one its existing vendors for purchase of heat pump water heating (HPWH) equipment and conduct installations using existing Citywide Facilities Maintenance Staff. HPWH will be installed at a rate of 2 per month following an initial training period, sponsored through the Project Work Force Development plan (see Section 5). All projects are expected to be installed and inspected by June 30, 2029. ii. The City of Cupertino’s project will include HPWH and HVAC retrofit requiring full construction planning, design, and bid package and is expected to include an 18-month performance period. c. Resiliency Upgrades at Pre-Designed Facilities: San José’s Roosevelt Community Center, Happy HollowKelley Park Campus and Fire Station 32, and Sunnyvale’s Fire Station 2 projects have already been designed. Fire Station 32 will be ready to move immediately to construction, Fire Station 2 to Permitting, and the other two will move immediately to construction bid package procurement. The four projects are expected to have two year performance periods and serve as baseline comparison models for the Design Parameters Analysis.

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15 f. Resiliency Upgrades at Existing Facilities: Most projects will take place at existing facilities. Immediately following award acceptance, Cities will conduct procurement for design services as needed; this task is rolled into the Planning, Design, & Permitting task on each milestone table below. All projects are expected to be completed no later than June 30, 2029, to allow for a minimum two month performance period - projects inspected in Year 4 will have a minimum 18 month period. e. Resiliency Upgrades at New Facilities: San José is building new Fire Stations 23 and 36 that will be allelectric construction including microgrids. Both projects will conduct land acquisition in years 1-2 that will not be grant covered and are expected to have six month performance periods including modeling analyses informed by on-site metering of at least a two month period. f. Performance Evaluations: SPUR will lead evaluation for GHG Performance and ProspectSV will lead Building Design Performance. All Project Plans with QAPPs will be submitted September 30, 2024. Final Performance Reports will be submitted by the end of the grant term, by September 30, 2029.

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16 g. Community Engagement and Online Reporting: SPUR will lead Equity Performance and Community Engagement and submit the Project Plan and Low Income Benefit Report by September 30, 2024, and the Final Evaluation by September 30, 2029. Four events total will be planned to showcase completed projects and encourage climate action countywide, two managed by SPUR and two by the City of San José Office of Economic and Cultural Affairs as a Climate Art Fair. San José will host a Project Website including GHG Dashboard for displaying reduced emissions as projects are completed, and 5 community presentations translated into the County’s three widely spoken non-English languages of Spanish, Vietnamese, and Mandarin Chinese including live translation for community meetings. h. Workforce Development: ProspectSV will lead Workforce Development Activities. Training Modules and Apprenticeship Program will be developed in Year 1. Trainings will be provided to city staff and 50 low income individuals, sponsored by the grant, in years 4-5, with final program evaluation submitted by September 30, 2029.

All projects, performance assessments, community engagement, and reports will be completed by September 30, 2029.

SECTION 4: LOW-INCOME AND DISADVANTAGED COMMUNITIES
a. Community Benefits
All locations proposed for the PFRIP’s GHG reduction measures meet EPA-defined criteria as disadvantaged census tracks, either by directly meeting the Disadvantaged criteria, or by meeting 2 or more 90th percentile for recognized environmental or socioeconomic stressors according to the Climate and Economic Justice Screening Tool (), such as PM 2.5, traffic volume and proximity, and linguistic

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17 isolation. The relevant CEJST census tracks are listed under Attachment, Areas_SVCE_PFRIP. On The Cover Page displays a map of the full project service area, planned measures by category, the corresponding disadvantaged census tracks per CEJST layers, and the number of CEJST 90th percentile stressors met at each site.

Lower income individuals use Santa Clara County community centers, recreation centers, and libraries daily for child and elder care programs and to access books, computers, workout equipment, and meeting rooms. These facilities are established and trusted neighborhood focal points used year-round for community-building activities, providing resources to residents, and supporting and strengthening community relationships. In addition, fire department facilities exist primarily to assist the most vulnerable communities, either those experiencing physical threats or health issues. The facilities featured in PFRIP are activated during disasters like major storms, fires, flood events, and heat waves and are used as emergency shelters and cooling/heating centers to provide residents respite from the elements. Low-income and vulnerable communities are most likely to be impacted by hazards and disaster events like flooding, heat waves, and power outages.11 For example, in the event of a heat wave, lower-income residents most often live in older apartment buildings without air conditioning or are unable to afford AC utility costs. Lower-income residents are also more likely to live in neighborhoods with less tree cover, making their homes and neighborhoods hotter on average. 12 For example, South
Central San José has less tree cover and is hotter than other neighborhoods of the city.13 During heat waves, low-income residents benefit greatly from public cooling centers. By advancing resiliency retrofits at these facilities, many of these public facilities will soon be able to maintain critical community services using microgrid systems. PFRIP will improve community services at the facilities with a mix of decarbonization retrofits and resiliency upgrades. Community benefits may differ depending on the measure implemented, see detailed community benefits below.

Resiliency upgrades will include photo voltaic (PV), battery energy storage systems (BESS) installations, and microgrids installations, that may be integrated with public EV charging infrastructure. PFRIP’s resiliency upgrades will realize several direct benefits to the community:
• Improved access to services and increased resilience to climate hazards: Many of the facilities undergoing PV, BESS, and microgrid upgrades are activated during hazards like major storms, fires, flood events, and heat waves and are used as emergency shelters and cooling/heating centers to provide residents respite from the elements. These distributed energy resources will enhance the energy security and stability of these facilities, making them less vulnerable to power shutoffs and outages during hazards. Upgrading community centers and recreation centers will increase the capacity of facilities to serve residents continuously during times of intermittent power shutoffs and outages, offering a space for community members to access 11 US EPA, OA. 2021. “EPA Report Shows Disproportionate Impacts of Climate Change on Socially Vulnerable Populations in the United States.” News Release. September 2. https://www.epa.gov/newsreleases/epa-report-shows-disproportionate-impacts-climate-change-sociallyvulnerable. 12 Zhou, Weiqi, Ganlin Huang, Steward T.A. Pickett, Jing Wang, M.L. Cadenasso, Timon McPhearson, J. Morgan Grove, and Jia Wang. 2021. “Urban Tree Canopy Has Greater Cooling Effects in Socially Vulnerable Communities in the US.” One Earth 4 (12): 1764–75. doi:10.1016/j.oneear.2021.11.010.
13 “SJSU News | Learn By Doing/ Excite Your Mind.” 2024. Accessed March 28. https://sjsunews.com/article/lack-of-trees-proves-harmful-to-sjsan-José-state-and-city-experts-say-deficit-in-canopy-coverage-causes-inequality-and-climate-issues.

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18 shelter, information, and electrical power (e.g. for charging phones) when nearby homes and businesses may lack power or have experienced other hazard-related damages. Low-income residents are disproportionately vulnerable to climate hazards due to several factors, including limited resources, socioeconomic disparities, and inequitable access to infrastructure and services. During heat waves, low-income residents benefit greatly from public cooling centers because they lack access to air conditioning or cannot afford to pay utility costs. Finally, by transitioning to electric-powered heating, cooling, and appliances, communities will also decrease their carbon footprint and contribute to mitigating climate change impacts. • Lower electricity bills and net metering for solar PV means reinvestment in community services:

PV, combined with BESS, allows for buildings to supply their own electricity during much of the year, and during a large portion of the day. BESS allows buildings to continue to use energy produced by PV passed peak sunlight hours. Net metering policies allow for PV energy producers to sell excess energy back to the grid during peak sunlight hours. Together, these upgrades allow buildings to save on utility bills, sell PV energy to further reduce energy bills, and use bill savings to reinvest in building services and amenities.

Decarbonization retrofits will change natural gas-powered equipment for electric counterparts in major building systems including Heating, Ventilation, and Air Conditioning (HVAC) replacements, water heating and pumping, and kitchen appliances. PFRIP’s retrofits will realize several direct benefits to the community:
• Improved public health resulting from reductions in co-pollutants: By transitioning from fossil fuel-based appliances, like gas water heaters, to cleaner electric appliances like heat pumps, nitrous oxide, and particulate matter concentrations decrease and air quality improves, reducing respiratory issues such as asthma and allergies. Electrifying gas stoves to induction stoves eliminates carbon monoxide and other particulate matter concentrations, reducing harmful indoor air pollutants in the facilities in question. Furthermore, electrification often involves the adoption of energy-efficient technologies, leading to lower emissions from energy generation and further mitigating air pollution, which is linked to cardiovascular and respiratory diseases. • Improved access to services and amenities: Many public facilities struggle with deferred maintenance on infrastructure due to lack of funding. This can lead to disruption in access to certain services for community members. For example, community centers may provide hot showers, but if the facility’s hot water heater is old it may break often and require repairs.

Replacing older appliances with upgraded electric appliances will improve the quality of the equipment and reduce service disruptions for the community. • Energy cost savings mean reinvestment in community services: When heating water or air, heat pumps are three to four times more energy efficient than their gas counterparts. Additionally, forecasts of energy rates in California estimate that gas rates are likely to escalate faster than electric rates over time. With the addition of solar panels, batteries, and microgrids, building maintenance budgets have the potential to realize savings year-over-year, freeing up additional resources for improvements and community services.
• Workforce training opportunities: Workforce training opportunities, led by Prospect Silicon Valley, will provide contractors with the skills required to install zero-pollution equipment, such as all-electric heat pump water heaters and heat pump HVACs. This partnership will not only directly support the proposed municipal facilities retrofits but will also expand the workforce

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19 needed to decarbonize the South Bay’s municipal (and residential) building stock, and accelerate the transition off of gas heating in buildings. The training program will be available to 50 lowincome individuals free of charge and will include apprenticeship ride-along with City staff during installation and maintenance of proposed resiliency upgrades and decarbonization retrofits.

Continued assessment—To determine the Public Facility Resiliency Implementation Project’s GHGemission reduction impact and community benefits, including the direct and indirect benefits to lowincome and disadvantaged communities, SPUR will conduct an assessment to share outcomes and best practices associated with the Project. By the end of Year 1, SPUR will submit a Low Income Benefit Assessment and Equity Analysis Project Plan. Final assessment findings will be shared as a report and will be ready in advance of the five-year grant deadline.

The assessment will generally include:
• An overview of the participating municipalities' public facility building portfolio and why this subset of buildings was chosen for funding.
• A review of the approach of the Project’s “by-equipment” versus “by-building” approach with an explanation of the resiliency upgrades and the decarbonization retrofits and how this approach reduced the impact on operations and other conditions.
• GHG reduction and cost savings calculations
• A review of the Project’s design standards
• Workforce development impacts from the partnership with Prospect Silicon Valley • Three case studies of representative buildings that underwent resiliency upgrades or decarbonization retrofits: What was the process of retrofit, what was learned, who are communities served by buildings, and what were the community benefits or disbenefits? What specific planning, zoning and permitting issues or experiences that arose during project implementation?
• Equity Analysis (see below for more details)
• Challenges and Best Practices: What can be learned from these projects to support other jurisdictions in making their public facilities more resilient through electrification transitions and other upgrades?
To operationalize equity in its policy work, SPUR developed the Equity Framework of Analysis - Guiding Questions for Policy Projects. This equity framework was adopted to ensure SPUR’s research methodology and practices are inclusive, collaborative, and responsive to the needs of impacted people.

This Framework will guide the assessment of this Project. Guiding questions include: How does this project address the pressing needs of marginalized groups? Are there data gaps? What additional data would help analyze the project to better understand its equity impacts? If so, how can SPUR obtain better data? What past investments/budget allocations have there been to this group/geography? These are the types of questions that SPUR’s assessment of the project will consider in its equity analysis. b. Community Engagement
SPUR
As leader of the PFRIP’s Community Engagement and Equity assessment, SPUR will engage the community through surveys and interviews of residents who are served by these facilities, in addition to facility staff members, heat pump and microgrid installers, and other key people engaged in the resilience upgrades and decarbonization retrofits. The findings from this assessment will be shared through a free SPUR public event and regional outreach. SPUR will also support the municipalities in

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20 implementing community engagement and public education plans, including co-hosting two public events at municipal facilities that have undergone a resiliency upgrade or decarbonization retrofit. These events are meant to highlight the upgrades made at each facility through a festive community gathering and report back on assessment findings, particularly community benefits achieved through the specific facility’s upgrade or retrofit in addition to benefits achieved across the entire project.

City of San José
The project includes a focused community engagement plan that will build upon San José’s Climate action plans and City Infrastructure Strategy that are informed by prior extensive community, technical, and stakeholder processes. Improving grid resiliency through microgrids and decarbonizing buildings and commutes are specific strategies of the Pathway to Carbon Neutrality as well as the City Infrastructure Strategy, Brilliant at Basics. From 2018 to 2021, San José undertook an extensive community engagement process to co-create Electrify San José: Framework for Existing Building Electrification that lays out how to reduce greenhouse gas emissions from existing buildings in San José through building electrification, while bringing to the forefront the concerns and priorities of historically marginalized communities. Over a year and half of monthly meetings with two community-based organizations (CBOs) representing San José’s Latinx and Spanish communities, three community forums with over 40 CBOs, labor, environmental, development and housing organizations, and five public outreach meetings, participants identified three relevant overarching community needs and priorities: 1. Housing and energy costs 2. Clean and reliable energy 3. Health and air quality Many families throughout San José are not able to purchase ventilation systems to cool their homes and protect their indoor environments from air pollution. San José residents are concerned about more frequent smoky days from the wildfire season, and pollution from highways and industrial sites that disproportionately affects low-income communities. Vulnerable populations living in areas of higher air pollution are already experiencing disproportionately negative health outcomes, such as higher rates of asthma. In addition, many longtime residents who are not working in the tech industry have seen their living costs skyrocket without a proportional wage increase. San José families are already struggling to pay their utility bills. Eleven percent of San José households have a high energy burden, which means they spend above 6 percent of household income on utility bills, while 6 percent of households have a severe energy burden, meaning they spend above 10 percent of household income on utility bills. It is critical that building electrification does not exacerbate housing and energy unaffordability in San José, particularly for those who are already struggling to remain in their homes and in the city.

Guided by the findings of these previous engagement activities, the City’s Public Works Department conducted a wide ranging map assessment of City census tracks aligned with the CEJST layer to identify facilities in the most economically challenged areas for the CPRG decarbonization and resiliency measures. In addition, the proposed workplan and budget includes a community engagement plan that will ensure all citizens are given the resources to be heard by including engagement strategies targeted at Spanish, Vietnamese, and Mandarin Chinese speakers as well as low-income residents. Planned strategies for language accessibility include live communication in native languages, virtual input opportunities, and a fully translated project website. In addition to the countywide work led by SPUR, the Public Works Department will work with the San José Office of Economic and Cultural Affairs to hold a Climate Action Fair including two community engagement events within its jurisdiction.

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21 City of Morgan Hill
The City of Morgan Hill’s adopted Climate Action Plan (CAP) was developed with significant input from a community working group which saw the importance of public facility electrification. They specified a goal in the CAP to convert all municipal buildings to all-electric by 2035. The CPRG funds would be a significant step toward meeting this community-driven goal because it would allow the City to fully electrify one of the community’s key cultural hubs.

The City of Morgan Hill will seek meaningful engagement with low-income and disadvantaged communities continuously for the life of the grant by providing outreach, engagement, input opportunities, and information about the project in both English and Spanish languages. The City will partner with local groups including the public library, school groups, AAUW, and climate action groups to reach a wide range of residents. Additionally, the City is proposing to install a mural completed by a local artist that will incorporate a clean energy theme. The artwork will be designed to inspire and intrigue across the City’s diverse cultural and socioeconomic backgrounds.

The City of Morgan Hill has more affordable housing units per capita than any other city in northern California. The City has been planned in a way that incorporates affordable housing throughout the community and as a result the City does not have a specific census tract that is identified in the Climate and Economic Justice Screening Tool as LIDAC, although the Centennial Recreation Center is located within a census tract that meets several of the tool’s individual disadvantaged metrics. In addition to acting as a heating, cooling, and reunification center, Morgan Hill’s recreation center also offers services for the elderly, children, and youth, and provides affordable activities and workout equipment to the entire community including a significant lower income population.

City of Mountain View
The City of Mountain View, in partnership with local organizations, conducted outreach in 2023 to inform its resiliency efforts. For example, the Community Services Agency (a nonprofit organization which has partnered with the City for more than 40 years on social safety net services) and the City worked together to conduct surveys in English, Spanish, and Chinese at the Senior Center to 120 senior nutrition program participants. Survey results highlighted opportunities to increase public awareness of cooling centers (such as Mountain View Sports Pavilion and Whisman Sports Center) and augment citywide resiliency infrastructure. This raised the CPRG grant as a timely opportunity to enhance the City’s facilities with resiliency improvement.

If awarded, the City of Mountain View will engage with low-income and disadvantaged communities throughout the development and implementation of the grant. For many years, the City’s Multicultural Engagement Program (MEP) has been building relationships within the City’s culturally diverse populations and neighborhoods, including among the Hispanic/Latino, Chinese, and Russian communities. The City has a civic engagement academy that is offered in Spanish and Chinese. MEP also provides translation/interpretation services and culturally appropriate outreach. The City’s Sustainability and Resiliency Division and MEP would partner to provide linguistically and culturally appropriate outreach to incorporate community input and provide updates throughout the grant process.

The City is also undergoing other planning processes that will involve community engagement around resiliency infrastructure and programming that can be leveraged for PFRIP. Over the coming year, the City will develop a Community Resiliency Strategy as well as the Parks and Recreation Strategic Plan.

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22 Outreach for these projects will include surveys, partnerships with community groups, one-on-one meetings or interviews, and community meetings, many of which will offer translation or interpretation options and childcare. The City will consider community feedback from these processes to inform the CPRG projects.

City of Sunnyvale
The City of Sunnyvale adopted its Climate Action Playbook (CAP 2.0 or Playbook) in 2019 with significant input from the community through surveys, public meetings, workshops and input from a community advisory committee. The City and community emphasized the importance of public facility electrification when feasible, to ensure the City is doing its part to contribute to the community wide GHG reduction targets. Play 2.2 of the City’s Playbook specifies a target to convert municipal buildings to all-electric upon rebuild or significant remodel to assist in reducing natural gas emissions from existing buildings.

Currently, the City is updating its specific work plan for implementing the Playbook, Game Plan 2028. The most recent presentation of analysis of this work plan highlights the importance of reducing natural gas from existing buildings to achieve the City’s 2030 goal. The City conducted outreach to the community to gather input on the Draft Game Plan through workshops, online surveys available in English and Spanish, email blasts, and presentations to community groups. The current Draft outlines increasing the City’s goals for reducing natural gas use to 42% in residential and 38% in commercial by 2030. The CPRG funds would be a significant step toward meeting these ambitious goals because it would allow the City to fully electrify two critical operations centers, monitor their energy performance and serve as model buildings to justify the need for advancing building electrification of municipal facilities on a broader scale.

If awarded, the City of Sunnyvale plans to bolster its engagement with low-income and disadvantaged communities throughout the development and implementation period of the grant term. As part of the design and construction process for city facilities, the City hosts public meetings in local spaces to invite the community to provide feedback and input on the design and construction plans. In 2021, the City of Sunnyvale hired an Equity, Access and Inclusion (EAI) Manager and established an equity, access and inclusion team of staff from each City department to advance the City’s reach and engagement with its most vulnerable populations. In addition, the City adopted Council Policy 7.2.1 specifically for community engagement, which was developed after the City hosted a series of listening sessions to hear from the community. The policy ensures the community is well informed about local issues and City Programs and Services. This is part of a larger obligation called the Sunnyvale Unity Commitment which commits the city to creating a culture of belonging where all members of our diverse community feel included, heard, and respected. The City’s Sustainability team plans to partner with the EAI team to develop outreach materials in Spanish, Mandarin and Tagolog to design linguistically and culturally appropriate outreach materials for engagement throughout the grant term. Both facilities in Sunnyvale’s application are important community engagement centers, will serve as educational centers for the public and will demonstrate the City’s ability to meet climate goals and targets set for and by the community.

SECTION 5: JOB QUALITY
The City of San José partners with the Santa Clara County Office of Labor Standard Enforcement on prevailing wage and wage theft policies to ensure countywide wage equity and prevent wage theft. San José’s Office of Equality Assurance will oversee prevailing wages for the project and help monitor companies who would be contracted for project implementation to ensure that their workers are

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23 properly paid for the work they do. The Office of Equality Assurance conducts active enforcement of prevailing wages on City contracts.

To expand the regional work force, team member ProspectSV would coordinate a training series for building industry practitioners on building decarbonization and zero-carbon building systems. ProspectSV has partnered with DMG North, a representative of leading HVAC (Heating, Ventilation, and Air Conditioning) equipment manufacturers in Northern California, to establish a Northern California Training Center in the Bay Area. This center will be available for industry training and education over the duration of the grant period and beyond. DMG North regularly hosts training sessions with Trade Professionals, Professional organizations, Unions, Vocational Schools, Colleges, and Universities. They have committed to being a resource for the industry and to help educate and train others, which will have a far-reaching impact on commercializing this in the marketplace. The training series, to be developed under PFRIP funding in Year 1, would be based on the experience of veteran workforce development professionals with a history of supporting clean technology workforce efforts across the Bay Area. The program will include classroom and webinar training and speaking engagements, but also will leverage the partnerships of professional organizations like Sustainable Purchasing Leadership Council, North American Sustainable Refrigerants Council, International Facilities Management Association, and others to reach the broadest and most relevant stakeholders across the buildings industry value chain. Special attention will be paid to the buildings design and modeling industry through a network of design leaders engaged in as program advisors. The program will be available to the Coalition’s staff as in service training, and up to 50 low income residents seeking journeyman plumbing or electrician credentials, during years 2-5 of the grant period.

SECTION 6: PROGRAMMATIC CAPABILITY AND PAST PERFORMANCE a. Past Performance
The Coalition led by SVCE collectively has considerable experience with receiving and managing federal and non-federal grants. The City of San José manages more than 100 federal awards for various grant types. In fiscal year 2022-2023, San José reported more than $196 Million (M) in federal grant awards and expenditures. Two key examples of grants completed within the last three years include: 1) the U.S.

Department of the Treasury’s Coronavirus Relief Fund14 which provided $178M during the Pandemic to cover community needs for food, shelter, testing, and other essentials and 2) CalOES Public Safety Power Shutoff Allocation15 which provided $500,000 for emergency response. The City of Cupertino recently received and expended $214,549 in grant funds through State of California Proposition 68 OGALS16 to build the city’s first full-sized basketball court, filling a gap in recreational variety in the Parks Master Plan. For the fiscal year ending June 30, 2023, the City of Sunnyvale reported 32 federal awards 14 Grantor: U.S. Department of the Treasury’s Coronavirus Relief Fund; Grant Assistance Number: OIG-CA-20-021), from March 1, 2020 – December 31, 2022; Total Funding: $178,295,348; How Spent: $90.1M in personnel costs of dedicated time responding to the COVID-19 emergency; $29.9M in food and necessities distribution; $27.2M in unhoused sheltering/support; $20.4M in local assistance; $4.5M testing, tracing and isolation; and $2.2M facility improvements
15 Grantor: State of California Governor's Office of Emergency Services (CalOES) Public Safety Power Shutoff Allocation; Grant Assistance Number: 085-68000); Grant Dates: July 1, 2019 – February 29,2024; How Spent: $99,360 for development of City's Power Vulnerability Plan; $122,340 in design and specifications for New Emergency Generators for Fire Station #28 and Police Sub Station; $240,900 in Radio Communications Equipment for Public Safety; and $37,400 in Radio Communications Equipment for Non-Public Safety. 16 Grantor: California Department of Parks and Recreation via Office of Grants and Local Services (OGALS); Grant Name: California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018; Grant Assistance Number: 18-43-016 and 18-43-017; Grant Amount: $214,549; Grant Term: through 12/31/2021 - 7/31/2024; How Funding Was Spent: Remove existing landscape, irrigation, storm drain, Install a full-size basketball court (court surface, backboards/nets, drainage). Remove and replace existing walking path leading to new basketball court. Total: $214,549 spent by 12/31/23.

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24 and $29.7M in federal grant expenditures; City of Mountain View reported 11 federal awards and $10.8M in federal grant expenditures; and the City of Morgan Hill reported 4 federal awards and $800,732 in federal grant expenditures17. SVCE administered a $1.5M grant from the CAPP18 in FY21-22 that helped California energy customers reduce past due energy account balances during the Pandemic. b. Reporting Requirements
The PFRIP Coalition members successfully complete grants compliance reporting accurately and timely.

In early 2024, the Cities of Morgan Hill, Mountain View, San José, and Sunnyvale completed their Single Audit on the Schedule of Expenditures of Federal Awards required by the Uniform Guidance with no material weaknesses or significant deficiencies regarding the review of the Schedule of Expenditures of Federal Awards, which includes all federal awards received directly from federal agencies and federal awards passed-through other governmental agencies. In 2023, Cupertino expended the OGALS funds 7 months ahead of the deadline. In 2022, the Department of Treasury’s Office of Inspector General (OIG) conducted Desk Review of the Coronavirus Relief Funds of $178.2M for the City of San José. After completing their Desk Review, Treasury OIG indicated that they had no findings, exemptions, and no questionable/unallowable costs. As proven by the OIG’s Annual Desk Review, all reporting and financing requirements were completed on time and within budget.
c. Staff Expertise
Silicon Valley Clean Energy (SVCE) has substantial experience with handling and distributing funds. SVCE regularly provides its constituents grant opportunities and financial assistance, such as the CAPP, and this expertise will apply to distributing subawards to the Coalition members as a pass-through entity. SVCE has an annual 2023 operating budget of $324.5M19 and typically keeps 300 days of cash on hand, expecting 365 this calendar year, and an “A” Credit Rating20, putting the organization in a stable and experienced position for managing and distributing the Public Facility Resiliency Fund. The PFRIP Coalition of Cities is fully positioned and ready to complete PFRIP on schedule within a 5-year grant term following acceptance of the grant award. Immediately following acceptance of award, each City can contract with one of its existing vendors for planning, design, permitting and implementation of measures. Each City’s procurement requirements for services, supplies, and equipment generally meet the Uniform Grant Guidance (UGG) (2 CFR 200) minimum requirements. The competitive procurement process, through a third-party web-based bid solicitation platform, ensures open and free competition for purchasing, and provides small business considerations and credits and provides measures to prevent conflicts of interest. The history of the procurement process is documented thoroughly to include selection of contract type, cost for the contract, solicitation of bids, responses from potential contractors, determination that the price is reasonable and any amendments to the contracts. PFRIP will follow the Best Practice Guide for Procuring Services, Supplies, and Equipment under EPA Assistance Agreements.

SECTION 7: BUDGET
a. Budget Detail
17 Federal Audit Clearing House, OMB# 3090-0330, EXP: 09/30/2026, https://app.fac.gov/dissemination/search/ 18 Grant Administrator: California Arrearage Payment Program(CAPP); No Grant Assistance Number, Total Amount: $1,545,172; grant term ended September 30,2022; https://www.csd.ca.gov/CAPP
19 Silicon Valley Clean Energy Authority; Independent Auditors Report, Financial Statements Years Ended: September 30, 2023, September 30, 2022; https://svcleanenergy.org/wp-content/uploads/Silicon-Valley-Clean-Energy-Authority-9.30.2023-Financial-Statements-FINAL.pdf 20 RatingsDirect, S&P Global Ratings, Silicon Valley Clean Energy Authority, California; Retail Electric, May 11, 2023

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25 The Total Cost for PFRIP is $49,999,997. Full budget details for all categories including itemized charges can be viewed in the Budget Spreadsheet Budget_SVCE_PFRIP, and Budget Appendix Budgetcalcs_SVCE_PFRIP which includes a Table of Staff Rates covering Personnel, Fringe, and Indirect Hourly Rates.
i. Personnel: Total Cost: $5,185,857 based on 45 classifications spanning SVCE and all subawardees developed from staff time hourly rates of actual known employees and the hours or percentage of Full Time Employee (FTE) required to complete grant objectives. ii. Fringe Benefits: Total Cost: $2,703,931 based on 45 classifications spanning SVCE and each sub-awardee, as a percentage of Personnel time of actual known employees that varies by organizational benefits but typically includes: health premiums (medical, dental, vision), flexible spending/health reimbursement accounts, workers’ compensation, life insurance, and disability leave. Fringe rates may vary upon union, benefit choices, and retirement system tier.
iii. Travel: Total Cost: $8,500 based on local, in-state, and out-of-state travel needs for implementing community engagement strategies and subsequent project performance presentations at two conferences.
iv. Equipment: Total Cost: $20,590,387 based on 62 implementation sites’ costs for installing GHG reductions measures, including but not limited to, heat pump water heaters, heat pump HVAC, and solar systems and batteries at various capacities. v. Supplies: Total Cost: $16,600 based on two sites’ electric cooking appliances and four community events’ needs.
vi. Contractual: Total Cost: $18,886,212 based on all vendor services needed to produce PFRIP outcomes, including but not limited to design, permitting, construction, GHG and Building Design performance and community engagement.
vii. Other: Total Cost: $417,750 based on stipends for qualifying low income trainees and community engagement participation, community art and celebratory events. viii. Indirect Charges: Total Cost: $2,190,759.80 based on 45 classifications spanning SVCE and each sub-awardee, as a percentage of personnel salaries that vary by organizational overhead needs or approved Negotiated Indirect Cost Rate Agreement (NICRA). b. Expenditure of Awarded Funds
To ensure that grant award is efficiently expended on time within the grant period, the PFRIP Coalition will meet monthly to plan upcoming activities and review recent progress; and through the Santa Clara County Climate Collaborative, providing opportunities to share news, challenges, lessons learned, and best practices, and coordinate activities. All final report information and receipts will be provided to SVCE by sub-awardees no later than two weeks prior to a relevant reporting deadline (see Section 3c) to ensure timely report submittal to the EPA. Semi-annual reports will be provided on March 31 and September 30, or the closest prior business day, throughout the grant term until the Final Report due date of September 30, 2029.
c. Reasonableness of Costs
All PFRIP’s Direct and Indirect costs are necessary to construct the GHG reduction measures and conduct specific grant performance and community engagement. Costs were calculated through engineering and project manager review and assessment, supported by vendor quotes to the extent possible and represent the most feasible and reasonable costs available at the time of this proposal.

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4 CITY COUNCIL STAFF REPORT
MEETING DATE: June 19, 2024
PREPARED BY:

Eric Blomquist, Building Official
APPROVED BY: City Manager

APPROVE A CONSULTANT AGREEMENT WITH CSG CONSULTANTS,
INC. FOR BUILDING PLAN REVIEW SERVICES FOR A TOTAL NOT TO EXCEED AMOUNT OF $320,000

RECOMMENDATION(S)
Approve the professional services agreement with CSG Consultants, Inc, for Building Division plan review services for a total not to exceed amount of $320,000.

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

The Building Division uses consultant services to assist with building plan reviews for verification of code compliance. These services are on an as-needed basis and include the following: residential and non-residential building plan reviews, structural only plan reviews, fire plan reviews, expedited plan reviews, and certified access specialist consultation. The Building Division processes approximately 2,500 permits annually.

Plan reviews are performed by the Building Official, the Building Manager, and the Plan Check Engineer. About 10% of plan reviews are completed by consultant services. The City relies on consultant services in order to assist the Building Division with the timely processing of non-residential projects and to comply with the Permit Streamlining Act for residential projects.

In April 2024, the Building Division requested quotes from multiple consultants for building plan review services to be performed in a remote location on an as-needed basis. The City received a total of four responses from Shums Coda and Associates, 4Leaf, CSG Consultants, and Bureau Veritas.

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4 The four consultants' fee schedules and schedule of performance were compared to ensure the most efficiency for the City. All four consultants' fee schedules were based on a percentage of the City collected fees. The variation in the fees is that three of the consultants, including CSG Consultants' fees are based on 65% of the building plan check fee and the other consultant charges 55% of the total fees collected by the City.

The building plan check fee is less than the total City fees collected. Since the consultant with the lower percentage is based on the higher fee, it will result in approximately the same fee being paid to all the consultants. The performance schedule varied significantly between the consultants for review times of large projects.

One consultant was not able to guarantee a plan review time, two consultants indicated there would be 15 business days for initial review and 10 business days for rechecks and the last one, CSG Consultants, can perform the reviews in 10 business days for initial review and 5 business days on rechecks.

After the comparison, staff recommend continuing utilizing CSG Consultants for building plan review services. CSG Consultants is able to ensure that a large project review would be performed in a shorter time frame, allowing the City staff additional time to process the applications, resulting in time savings for the applicant and compliance with the Permit Streamlining Act. The Building Division is currently utilizing CSG Consulting for these building plan review services. If the staff recommendation is approved, there will be an uninterrupted service of building plan reviews since the current building plan review consulting services contract will expire on June 30, 2024.

COMMUNITY ENGAGEMENT:

Inform:

This report serves to inform the community of the recommended professional services agreement with CSG Consultants, INC. to provide building plan check/review assistance.

ALTERNATIVE ACTIONS:

The Council could decide not to approve this professional service agreement. This will result in no project plan review support services until a new consultant contract is approved. This alternative is not recommended as it may delay project approvals and may result in violations of the Permit Streamlining Act.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council approved the past building plan review professional service agreement on November 16, 2022.

FISCAL AND RESOURCE IMPACT:

The cost for Building plan review services is included in the Development Services Fund's Recommended FY 2024-2025 and FY 2025-2026 budgets and is part of the

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4 Building Division workplan.

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.

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1 Updated February 2024

CONSULTANT AGREEMENT
CSG CONSULTANTS, 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 CSG CONSULTANTS INC. 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 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 CONSULTANT’S services shall be completed. 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, unless otherwise authorized by City Council. 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 providing plan review services for the Building Division as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $320,000.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed THREE HUNDRED TWENTY 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. Billing. 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 compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and

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2 Updated February 2024
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. Performance of Work. 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 (CGL). CONSULTANT 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 CONSULTANT under CONSULTANT's combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

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)

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3 Updated February 2024
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) Liability. If the performance of CONSULTANT’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, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’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 CONSULTANT under CONSULTANT's combined 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’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), CONSULTANT 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 CONSULTANT under CONSULTANT's combined 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 to the CITY for at least five (5) years after the completion of work performed under this Agreement.

7.1.5.2. If the performance of CONSULTANT’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), 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 CONSULTANT's combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

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Morgan Hill City CouncilJune 19, 2024

Morgan Hill City Council
June 19, 2024