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, November 6, 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.
As a courtesy, and technology permitting, members of the public may attend online.
However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Ralph M. Brown Act, the meeting will continue despite technical difficulties for participants using the online option.
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
November 6, 2024
2 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
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.
November 6, 2024
3 CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS
YAC Presentation
PROCLAMATIONS
Proclaiming the month of November as Morgan Hill Community Philanthropy Month
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 November 6, 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. ADOPT ORDINANCE 2357, NEW SERIES, AMENDING THE 2009
DOWNTOWN SPECIFIC PLAN OF THE CITY OF MORGAN HILL DELETING
THE CONDITIONAL USE PERMIT REQUIREMENT FOR BARS ASSOCIATED
WITH A RESTAURANT
Recommendation:
Waive the reading, adopt Ordinance No. 2357, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.
2. APPROVE OBJECTIVE DEVELOPMENT STANDARD WAIVERS AND
CONCESSION REQUEST FOR THE DIANA - DIVIDEND RESIDENTIAL
PROJECT AT DIANA AVENUE
Recommendation:
Adopt a resolution approving the request for one concession and 18 waivers to the City’s Objective Development Standards for residential development.
3. APPROVE OBJECTIVE DEVELOPMENT STANDARD CONCESSION
REQUEST FOR THE BARNELL - HAREN PROPERTIES LLC RESIDENTIAL
PROJECT AT BARNELL AVENUE AND DUNNE AVENUE (LJ COMMONS) Recommendation:
Adopt a resolution approving the request for a concession to the City's Objective Development Standards for residential development.
4. APPROVE THE FY 2024-25 WORK PLANS FOR THE LIBRARY, CULTURE
AND ARTS COMMISSION AND THE PARKS AND RECREATION
COMMISSION
November 6, 2024
5 Recommendation:
Review and approve the FY 2024-25 Work Plans for the Library, Culture and Arts Commission and the Parks and Recreation Commission.
5. APPROVE THE 2025 CITY COUNCIL MEETING SCHEDULE
Recommendation:
Review, discuss, if needed, amend, and approve the 2025 City Council meeting schedule.
6. APPROVE THE OCTOBER 23, 2024 CITY COUNCIL MEETING MINUTES Recommendation:
Approve minutes.
7. AUTHORIZE PURCHASE OF FIRE DEPARTMENT REPLACEMENT VEHICLE
INCLUDING THE OUTFITTING OF EMERGENCY EQUIPMENT
Recommendation:
1. Recognize an insurance proceed payout of $24,301 for the replacement of the Fire Department vehicle F12001; and
2. Amend the Adopted Fiscal Year (FY) 2024-25 Budget in the Equipment Replacement Fund (Fund 790) which includes a 10% contingency of $8,889, for the purchase and outfitting of replacement vehicle F12001 with a 2024 Ford F250 Truck for the Fire Department; and
3. Authorize the City Manager to execute and administer the associated purchase agreement.
OTHER BUSINESS
8. ADOPT A CITYWIDE VEHICLE-MILES-TRAVELED (VMT) POLICY
INCLUSIVE OF ESTABLISHING VMT AS THE APPROPRIATE METRIC FOR
EVALUATING TRANSPORTATION-RELATED IMPACTS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
ESTABLISHING VMT SCREENING CRITERIA, VMT THRESHOLDS OF
SIGNIFICANCE, AND TRANSPORTATION DEMAND MANAGEMENT (TDM)
STRATEGIES
Recommendation:
1. Receive report regarding a proposed trip reduction ordinance; and
2. Adopt a resolution establishing Screening Criteria and Thresholds of Significance regarding the City's implementation of State Senate Bill 743 (SB 743) transition from Level-of-Service (LOS) to Vehicle-Miles-Traveled (VMT) as the metric for transportation analysis under the California Environmental Quality Act (CEQA) for development projects.
November 6, 2024
6 9. RECEIVE POLICE AND FIRE PUBLIC SAFETY UPDATE
Recommendation:
Receive the Police and Fire Public Safety Update.
10. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL
INITIATED AGENDA ITEM
Recommendation:
Determine if the majority of the City Council wants the following item agendized at a future meeting for discussion:
Expand multiunit non-smoking ordinance to include all residential properties.
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
November 6, 2024
7 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 you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may request an item on the agenda for a future City Council meeting. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.
Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
November 6, 2024
8