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
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.
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 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.
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 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
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.
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
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].
June 19, 2024
10