Special/Regular Meeting Agenda
City Council
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Gino Borgioli - Council Member
Rene Spring - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, August 28, 2024 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
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/CityCouncilZoomRegistration. 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
• Other Business
• Public Hearings
• Closed Session
August 28, 2024
2 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.
SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.
SPECIAL MEETING
5:00 p.m. Closed Session
August 28, 2024
3 CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to § 54956.9(c)
Two Cases
OPPORTUNITY FOR PUBLIC COMMENT
ADJOURN TO CLOSED SESSION
REGULAR MEETING
6:00 pm
CITY COUNCIL REPORTS
Council Member Spring
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 August 28, 2024
4 get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)
ADOPTION OF AGENDA
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
1. ACCEPT ANNUAL EVALUATION REPORT FOR THE SANTA CLARA
COUNTY MULTI-JURISDICTIONAL PROGRAM FOR PUBLIC INFORMATION (PPI) FOR FY 2023-24 (YEAR 3) RELATING TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY’S NATIONAL FLOOD INSURANCE
PROGRAM’S COMMUNITY RATING SYSTEM PROGRAM
Recommendation:
Accept the Annual Evaluation Report for FY 2023-24 (Year 3) for the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI).
2. ACCEPT COMMUNITY LAW ENFORCEMENT FOUNDATION (CLEF)
DONATION
Recommendation:
1. Authorize the City Manager to accept a donation from the Community Law Enforcement Foundation in the amount of $53,123 for the reimbursement of protection plates; and
2. Amend the adopted Fiscal Year (FY) 2024-25 budget in the General Fund (010) to recognize the CLEF donation as revenue, and appropriate $53,123 in the Police Department Field Operation budget.
3. APPROVE A REIMBURSEMENT AGREEMENT WITH VCBLA NIDO, LLC
FOR THE VOICES CHARTER SCHOOL PROJECT (NORTHWEST CORNER
OF MONTEREY ROAD AND COSMO AVENUE)
Recommendation:
1. Approve a Reimbursement Agreement with VCBLA NIDO, LLC for the Voices Charter School; and
August 28, 2024
5 2. Authorize the City Manager to execute the Reimbursement Agreement.
4. APPROVE CHANGE ORDER #1 WITH IRISH EXCAVATION FOR
WOODLAND BOOSTER RETAINING WALLS IN THE AMOUNT OF $27,838 Recommendation:
1. Approve and authorize the City Manager to execute Change Order #1 with Irish Excavation in the amount of $27,838 for two retaining walls at the Woodland Booster Station; and
2. Approve and authorize the City Manager to add a 10% Contingency to the project in the amount of $10,262.
5. APPROVE FINAL MAP FOR CROSSWINDS PHASE 1 - TRACT NO. 10618
AND RELATED SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:
1. Approve the Final Map;
2. Authorize the City Manager to execute the Subdivision Improvements Agreement with THE CROSSWINDS AT MORGAN HILL LLC
(“Subdivider”), and KB HOME SOUTH BAY INC. (“Developer”); and
3. Authorize the recordation of the Final Map and Subdivision Improvements Agreement.
6. APPROVE THE JUNE 26, 2024 CITY COUNCIL MEETING MINUTES Recommendation:
Approve minutes.
7. AWARD CONTRACT TO MOUNTAIN CASCADE, INC. FOR THE SANITARY
SEWER LIFT STATIONS K & F REHABILITATION PROJECT IN THE AMOUNT OF $3,042,500 AND CONTINGENCY FUNDS NOT TO EXCEED $304,250
Recommendation:
1. Approve Sanitary Sewer Lift Stations K & F Rehabilitation Project plans and specifications;
2. Award contract to Mountain Cascade, Inc. for the Sanitary Sewer Lift Stations K & F Rehabilitation Project in the amount of $3,042,500;
3. Authorize expenditure of construction contingency funds not to exceed $304,250; and
4. Authorize the City Manager to execute and administer the construction contract with Mountain Cascade, Inc.
August 28, 2024
6 8. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH
HYDROSCIENCE ENGINEERS FOR THE EAGLE VIEW WELL #1 PROJECT FOR A TOTAL AMOUNT NOT TO EXCEED $429,590
Recommendation:
1. Approve Service Agreement for Design Professionals with HydroScience Engineers, Inc. for a total not to exceed contract amount of $429,590 to design the Eagle View Well #1 project; and
2. Authorize the City Manager to execute and administer the Service Agreement for Design Professionals with HydroScience Engineers, Inc. for the Eagle View Well #1 project.
9. APPROVE SECOND AMENDMENT TO THE WEST COAST ARBORISTS, INC. MAINTENANCE SERVICE AGREEMENT TO INCREASE THE NOT TO EXCEED AMOUNT BY $540,728 FOR A TOTAL AGREEMENT AMOUNT OF $1,392,728
Recommendation:
1. Approve the Second Amendment to the Maintenance Service Agreement with West Coast Arborists, Inc. for $540,728, for a total agreement amount of $1,392,728, which includes increasing the annual amount of extra services to $300,000;
2. Authorize the City Manager to execute and administer the Second Amendment to the Maintenance Service Agreement with West Coast Arborists, Inc; and
3. Authorize the City Manager to extend the term of the Agreement with West Coast Arborists, Inc. for up to two additional one-year terms.
10. RATIFY CITY POSITION ON PENDING LEGISLATION, ASSEMBLY BILL 2557 (ORTEGA): LOCAL AGENCIES: CONTRACTS FOR SPECIAL
SERVICES AND TEMPORARY HELP: PERFORMANCE REPORTS
Recommendation:
Ratify the City’s opposing position on pending legislation, Assembly Bill 2557 (Ortega): Local Agencies: Contracts for Special Services and Temporary Help:
Performance Reports.
11. RATIFY THE CITY MANAGER'S EXECUTION OF THE FIRST AMENDMENT
TO AGREEMENT WITH THE COUNTY OF SANTA CLARA TO PROVIDE THE
CITY WITH FUNDING FOR EMERGENCY MEDICAL SERVICES
Recommendation:
Ratify the City Manager's execution of the first amendment to the agreement with the County of Santa Clara to provide funding for the City of Morgan Hill to purchase Emergency Medical Services supplies and equipment.
August 28, 2024
7 PUBLIC HEARINGS
12. APPEAL (AAE2024-0004) OF DEVELOPMENT SERVICES DIRECTOR DECISION ON SR2024-0007 (MONTEREY-GLENROCK): EXPIRATION OF PRELIMINARY APPLICATION UNDER SB330 DUE TO EXPIRATION OF THE 180-DAY PRELIMINARY APPLICATION PERIOD
Recommendation:
1. Grant a hearing de novo;
2. Open/close public hearing; and
3. Adopt resolution denying the appeal and reaffirming the decision of the Development Services Director.
13. HOLD PUBLIC HEARING REGARDING ADJUSTMENTS TO WASTEWATER RATES
Recommendation:
1. Receive and adopt final 2024 Wastewater Rate Study Report prepared by NBS;
2. Open public hearing and receive public comment;
3. Request submission or withdrawal of proposition 218 protest letters from the public/audience;
4. Suspend public hearing and allow City Clerk, or designee, to tabulate the final Proposition 218 protest letter count;
5. Reconvene meeting and reopen public hearing;
6. Receive and accept verbal report from City Clerk, or designee, on ballot tabulation results;
7. Close public hearing; and
8. Adopt resolution approving wastewater rate adjustments.
OTHER BUSINESS
14. APPOINT VOTING DELEGATES FOR THE 2024 CALCITIES (LEAGUE)
ANNUAL CONFERENCE
Recommendation:
1. Appoint a voting delegate and up to two (2) alternate voting delegates to the CalCities Annual Conference; and
2. Direct staff to complete and forward the voting delegate form to CalCities.
August 28, 2024
8 15. RECEIVE MONTHLY BUDGET UPDATE; PRELIMINARY FY 2023-24 FINANCIAL AND INVESTMENT REPORTS; AND CITY MANAGER
AUTHORITY REPORT
Recommendation:
Accept and file report.
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
August 28, 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].
August 28, 2024
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