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, September 4, 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
September 4, 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 Library, Culture, and Arts Commission interviews and conducting a closed session.
September 4, 2024
3 SPECIAL MEETING
5:00 p.m. Library, Culture, and Arts Commission interviews and Closed Session
CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
COMMISSION INTERVIEWS
1. INTERVIEW CANDIDATES TO FILL ONE (1) SEAT ON THE LIBRARY,
CULTURE, AND ARTS COMMISSION (LCAC)
Recommendation:
1. Mayor shares the characteristics/traits that a successful applicant would possess;
2. Conduct Interviews;
3. Council Members identify the top applicant(s) and provide recommendations to the Mayor; and
4. Discuss and/or appoint an applicant.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS
Authority: Pursuant Government Code Section 54957.6
City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Dat Nguyen, Finance Director Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #23-051
OPPORTUNITY FOR PUBLIC COMMENT
ADJOURN TO CLOSED SESSION
REGULAR MEETING
6:00 p.m.
September 4, 2024
4 SILENT INVOCATION
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
Proclaiming the month of September as National Preparedness Month Proclaiming the month of September as Childhood Cancer Awareness Month Proclaiming September 17-23 as Constitution Week
PRESENTATIONS
Caltrain Presentation
CITY COUNCIL REPORTS
Council Member Librers
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)
ADOPTION OF AGENDA
September 4, 2024
5 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.
2. ADOPT RESOLUTION ACCEPTING THE SANTA CLARA COUNTY
MULTIJURISDICTIONAL LOCAL HAZARD MITIGATION PLAN UPDATE
INCLUDING THE CITY OF MORGAN HILL'S ANNEX
Recommendation:
Adopt resolution accepting the Santa Clara County Multijurisdictional Local Hazard Mitigation Plan Update including the City of Morgan Hill’s Annex.
3. AMEND CONFLICT OF INTEREST CODE REPORTING CATEGORIES Recommendation:
Adopt resolution amending the list of positions subject to the City’s Conflict of Interest Code.
4. APPROVE CONSULTANT AGREEMENT WITH JAYSON ARCHITECTURE IN THE AMOUNT OF $375,000 FOR DESIGN OF VILLA MIRA MONTE PHASE 1
IMPROVEMENTS
Recommendation:
Authorize the City Manager to execute a consultant agreement for design services totaling $375,000 for the Phase 1 Villa Mira Monte Improvements.
5. APPROVE COST SHARE AGREEMENT WITH THE CITY OF GILROY FOR
JOINT WASTEWATER TRUNK LINE REPAIRS
Recommendation:
Authorize the City Manager to execute and administer a cost sharing agreement with the City of Gilroy for the design and repairs to the jointly owned wastewater trunk line for $1,814,455.
6. APPROVE THE AUGUST 28, 2024 CITY COUNCIL MEETING MINUTES Recommendation:
Approve minutes.
7. APPROVE CONSULTANT AGREEMENT WITH SCHAAF & WHEELER
CONSULTING CIVIL ENGINEERS IN THE AMOUNT OF $74,472 FOR
BUTTERFIELD BASIN FEASIBILITY STUDY
Recommendation:
Authorize the City Manager to execute and administer a consultant agreement in the amount of $74,472 with Schaaf & Wheeler Consulting Civil Engineers for feasibility design work at the Butterfield Basin.
September 4, 2024
6 PUBLIC HEARINGS
8. ADOPT RESOLUTION TO ESTABLISH NEW AND UPDATED FEES FOR
PLANNING, BUILDING, AND LAND DEVELOPMENT ENGINEERING
Recommendation:
1. Open/Close Public Hearing; and
2. Adopt resolution to establish new and updated Planning, Building, and Land Development Engineering fees as proposed.
9. ADOPT RESOLUTION TO ESTABLISH NEW CARRY CONCEALED
WEAPON (CCW) LICENSE RENEWAL FEE, FINGERPRINT ROLL AND LIVE
SCAN FEE, AND UPDATE LIVE ENTERTAINMENT ANNUAL PERMIT FEE Recommendation:
Adopt resolution to establish new CCW license renewal fee, Fingerprint Roll and Live Scan fee, and update Live Entertainment Annual Permit fee.
OTHER BUSINESS
10. INTRODUCE ORDINANCE PROHIBITING SMOKING IN MULTIUNIT
RESIDENTIAL BUILDINGS
Recommendation:
1. Waive first and second reading of the Ordinance; and
2. Introduce new Ordinance prohibiting smoking in multiunit residential buildings.
11. APPROVE SUPPORT OF THE CAL CITIES RESOLUTION TO BE
CONSIDERED AT THE 2024 ANNUAL CONFERENCE
Recommendation:
1. Confirm "support" for the resolution to be considered on "Fair and Equal Treatment of All Government Officials at All Levels of Government"; and
2. Authorize the City's voting delegate(s) to vote on the resolution to be considered at the Cal Cities annual conference.
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.
September 4, 2024
7 ADJOURNMENT
September 4, 2024
8 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].
September 4, 2024
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