Agenda packet — Morgan Hill City Council, November 20, 2024 (part 2 of 4)

November 6, 2024
2 CALL TO ORDER
Mayor Turner called the City Council meeting to order at 6:00 p.m.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
ABSENT None

DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the 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 shared that the Water District Commission met in July and October. He mentioned that they discussed the water shortage and making sure that all the reservoir projects are completed on time. He also spoke at the Voices grand opening last month on behalf of the Mayor and the City.

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November 6, 2024
3 CITY MANAGER'S REPORT
City Manager Christina Turner shared that it’s time to change your watering schedule, and irrigation should occur just one day a week for landscaping in Morgan Hill. The change is effective on November 1st. The City started planting 50 trees in 50 days, with five new trees at Galvan Park this past Saturday. The remaining trees will be planted in areas near multifamily housing. A grant from the county health department will fund the trees and watering. The event on Saturday was in partnership with the Rotary Club of Morgan Hill, which has adopted Galvan Park. Last Saturday, the City hosted the Day of the Dead Celebration Event at the Magical Bridge Playground. Hundreds of participants came out and enjoyed dancing, arts and crafts, and many other activities put on by our Parks and Recreation Division and Magical Bridge Volunteers. Only two Sidewalk Saturday events are left in the 2024 season. Kick off the Holiday Shopping Season by shopping for unique, custom, and homemade products from over 45 vendors this Saturday, November 9th, from 9 a.m. to 2 p.m. on 3rd Street in Downtown Morgan Hill.

From accessories to candles to clothing to home décor, you can find a gift for even the pickiest person on your list.

CITY ATTORNEY'S REPORT
None.

OTHER REPORTS
Council Member Librers announced that she has been reappointed to the Cal Cities Transportation Committee for the next year.

Council Member Martinez Beltran shared that Silicon Valley Clean Energy will have some bills coming back. She attended the City/School Liaison Committee Meeting last week and thanked City Teammates and the Morgan Hill Unified School District for their work with the Economic Mobility grant. She also mentioned that the Dia de Los Muertos altar is up on the corner of Monterey Rd. and Dunne Ave. It has grown this year, and she thanked the sponsors as well.

PUBLIC COMMENT
Public comment opened at 6:17 p.m. The following people were called to speak:

Michael Burchfield
Chuck Bergoff and Claudia Rossi
There being no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda, continuing item 7 to a future meeting.

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November 6, 2024
4 RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None

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.

MOTION:

Approving consent calendar items 5 and 6.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Borgioli
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None

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.

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November 6, 2024
5 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.

This item has been continued to a future date.

ITEMS PULLED FOR DISCUSSION

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.

Public comment opened at 6:27 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None

2. APPROVE OBJECTIVE DEVELOPMENT STANDARD WAIVERS AND

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November 6, 2024
6 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.

Public comment opened at 6:40 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Martinez Beltran
AYES: Council Member Spring, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: Council Member Borgioli
ABSTAIN: None
ABSENT: None

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.

Public comment opened at 6:42 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Spring, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: Council Member Borgioli

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November 6, 2024
7 ABSTAIN: None
ABSENT: None

4. APPROVE THE FY 2024-25 WORK PLANS FOR THE LIBRARY, CULTURE

AND ARTS COMMISSION AND THE PARKS AND RECREATION

COMMISSION
Recommendation:

Review and approve the FY 2024-25 Work Plans for the Library, Culture and Arts Commission and the Parks and Recreation Commission.

Public comment opened at 6:46 p.m. The following people were called to speak:

Amanda Santiago
Yvonne Randolph
There being no further requests to speak, public comment closed.

MOTION:

Approving the recommended actions minus the mandate of the land acknowledgment statement.

RESULT: Passed
MOVER: Mayor Turner
SECONDER: Council Member Borgioli
AYES: Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers NAYS: Council Member Spring, Council Member Martinez Beltran ABSTAIN: None
ABSENT: None

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

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November 6, 2024
8 (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.

Principal Planner Adam Paszkowski and Development Services Director Jennifer Carman provided a presentation and report.

Public comment opened at 7:38 p.m. The following person was called to speak:

Joe Baranowski
There being no further requests to speak, public comment closed.

MOTION:

Approving the recommended action, removing criteria 3 and 4, and adjusting maps as necessary.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Martinez Beltran
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
The meeting recessed at 8:23 p.m. and reconvened at 8:30 p.m.

9. RECEIVE POLICE AND FIRE PUBLIC SAFETY UPDATE
Recommendation:

Receive the Police and Fire Public Safety Update.

Police Chief Shane Palsgrove and Fire Chief Baraka Carter provided a presentation and report.

Public comment opened at 9:32 p.m. The following person was called to speak:

Joe Baranowski
There being no further requests to speak, public comment closed.

Report received.

10. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL

INITIATED AGENDA ITEM
Recommendation:

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November 6, 2024
9 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.

City Manager Christina Turner introduced the item. Council Member Rene Spring provided a report.

Public comment opened at 9:41 p.m. The following person was called to speak:

Doug Muirhead
There being no further requests to speak, public comment closed.

The council did not move forward with this item.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Martinez Beltran requested an item for an ordinance for underground utilities with objective standards, and she requested to look at larger projects, separate ordinances, that don’t get exceptions.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 9:45 p.m.

Minutes Prepared by:

Michelle Bigelow, City Clerk

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11 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Carlos Alcantar
APPROVED BY: City Manager

AUTHORIZE PURCHASE OF FIRE DEPARTMENT REPLACEMENT

VEHICLE INCLUDING THE OUTFITTING OF EMERGENCY EQUIPMENT

RECOMMENDATION(S)

1. Recognize an insurance proceed payout of $24,301 for the replacement of the Fire Department vehicle F12001;

2. Amend the Adopted Fiscal Year (FY) 2024-25 Budget in the Equipment Replacement Fund (Fund 790), appropriating $97,770, 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.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety and Quality of Life
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Fire Services Standards of Coverage
Public Safety Master Plan
REPORT NARRATIVE:

Note: This item was originally scheduled for the November 6, 2024 City Council meeting. As a result of the ongoing outreach to the local vendor, the item was continued to this date.

On May 31, 2024, a Fire Department vehicle, a 2012 F250 pickup truck, was involved in a traffic collision and suffered significant rear-end damage. The vehicle is no longer roadworthy, and the City’s insurance carrier has declared the vehicle a “total loss”. The City has received an insurance settlement of approximately $24,301.

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11 The Fire Department has no surplus vehicle inventory and needs to replace the vehicle as soon as possible. Staff recommends purchasing a 2024 Ford F250.

There are insufficient budget appropriations for the replacement and outfitting of the vehicle, as this was an unforeseeable event, and Council’s authorization of the budgetary appropriations is required. The total replacement, outfitting, and striping cost will be approximately $97,770, which includes a 10% contingency of $8,889.

Staff has obtained three bids for the replacement vehicle.

Vehicle Dealership Price
Salinas Valley Ford $64,307 includes taxes and fees
Greenwood Ford $65,262 includes taxes and fees
The Ford Store Morgan Hill $64,307 includes taxes and fees The Ford Store Morgan Hill's original quote was $65,757, which was about 2.2% higher than the lowest bid. Staff reached out to The Ford Store Morgan Hill, and it agreed to match the lowest bid. At $64,307, both Salinas Valley Ford and The Ford Store Morgan Hill submitted the lowest bids. With the City’s local business price preference, staff recommends accepting the bid from The Ford Store Morgan Hill for the purchase of the vehicle.

Staff has obtained three bids for the vehicle outfitting.

Vehicle Outfitter Price
NextGen Alpha Upfitting $21,974 plus taxes and fees
Nor Cal EVI $23,374 plus taxes and fees
LEHR Auto $26,558 plus taxes and fees
Staff recommends accepting the NextGen Alpha Upfitting bid for the outfitting of the vehicle at $21,974.

Staff has determined the cost of vehicle graphics at $2,600 and will utilize a local vendor.

COMMUNITY ENGAGEMENT:

Inform.

This staff report serves to inform the community of the recommended vehicle replacement purchase.

ALTERNATIVE ACTIONS:

City Council could elect not to authorize the purchase. However, this would leave the Department without an adequate vehicle for the command and control of Fire Department operations.

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11 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

None.

FISCAL AND RESOURCE IMPACT:

Due to the unforeseen replacement of a collision-involved vehicle, a budget amendment to the Adopted FY 2024-25 Budget to appropriate $97,770 from the Equipment Replacement Fund for the purchase, outfitting, and striping of replacement vehicle F12001 is needed. Including the insurance proceeds, the net cost of the vehicle replacement is $64,580 (excluding contingency).

CEQA (California Environmental Quality Act):

Not a Project.

Continuing administrative activities, such as purchases of supplies and equipment, is not a project subject to environmental review.

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RESOLUTION NO. 24-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING AN AMENDMENT TO
THE CITY’S FISCAL YEAR 2024-2025 BUDGET IN THE
EQUIPMENT REPLACEMENT FUND (FUND NO. 790), TO
APPROPRIATE $97,770.00 AND RECOGNIZE AN
INSURANCE PAYOUT OF $24,301 FOR THE

REPLACEMENT OF FIRE DEPARTMENT VEHICLE
F12001, THEREFORE
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 this Resolution are set forth in detail in that certain City Council Staff Report entitled “Authorize the Purchase of Fire Department Replacement Vehicle Including the Outfitting of Emergency Equipment” submitted for City Council consideration at its meeting of November 20, 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, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 2024-2025 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; 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 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 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-_____

Page 2 of 3 ends

a. That the City’s previously adopted Fiscal Year 2024-2025 Budget, as the same has been amended to date, is hereby further amended in accordance with and as reflected on Exhibit A attached hereto and incorporated herein by this reference; and
b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2024-2025 Budget of City.

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 20th day of November 2024 by the following vote:

AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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-_____ adopted by the City Council at the meeting held on the 20th day of November 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 No. 24-_____

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Exhibit A

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CITY OF MORGAN HILL

BID QUOTATION FORM
(FOR ALL PURCHASES OVER $5,000)
DEPARTMENT: DATE:
(FUND - DEPARTMENT - OBJECT)
ITEM DESCRIPTION:

VENDOR QUOTATIONS
BID AMOUNT *
Vendor Name: $
Address:

Contact: Phone:

Comments:

Vendor Name: $
Address:

Contact: Phone:

Comments:

Vendor Name: $
Address:

Contact: Phone:

Comments:
* BID AMOUNTS MUST INCLUDE SALES/USE TAX AND SHIPPING COSTS SUCCESSFUL VENDOR was chosen because: (Check One)

LOW BID SOLE SOURCE QUALITY SERVICE
OTHER:

PERSON OBTAINING:
10/25/2024
NextGen Alpha Upfitting
8400 Carbide Ct. Suite A
Sacramento, CA 95828 US
21,973.96
Nor Cal EVI 23,373.34
200 E San Martin Rd. Unit 960
San Martin, CA 95046
(408) 509-6271
(916) 423-5052
LEHR Auto
1590 Lana Way #7
Hollister, CA 95023
26,557.73
(831) 634-1600
Fleet Equipment Manager
Fire Department
Vehicle F12001 Outfitting

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NextGen Alpha Upfitting
8400 Carbide Ct. Suite A
Sacramento, CA 95828 US
+19164235052
[email protected]
NEXTGENALPHAUPFITTING.NET
Estimate

ADDRESS
Morgan Hill Fire Department
15670 Monterey St.

Morgan Hill, CA 95037 USA
ESTIMATE # DATE EXPIRATION DATE
2042 09/26/2024 10/26/2024

ITEM DESCRIPTION QTY RATE AMOUNT
MORGAN HILL FIRE F250 2024 BUILD

LIGHTING
NG ORDER LIBERTY DUO RED/WHITE RED/AMBER 54" 1 2,901.60 2,901.60T NG ORDER EMPSA05BY-D
mpower® Fascia 4x2 Light w/ Screw Mount, 18" 5-wire w/
sync option & 1.5 Pigtail, SAE Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 24 LED, Dual Color - Red/White

FRONT GRILL CODE & SCENE
2 183.04 366.08T
NG ORDER EMPS2SMS4D
mpower® 4" Fascia Light w/ Screw Mount, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 12 LED, Dual Color - Red/White

OVER FRONT & REAR WHEEL WELL CODE & ALLEY
LIGHTS
4 127.40 509.60T
NG ORDER PSLVBK05
Mounting Kit For SL Running Lights
2 24.44 48.88T
NG ORDER ESLRL7316D
SL Running Light Red/White
2 389.48 778.96T
SOS ELUC3H010R Universal UnderCover Screw-In LED Insert Single Light Kit, 9-32 Vdc w/ 10 5-wire harness - RED

REAR TAIL L IGHTS
2 86.32 172.64T
NG ORDER EMPAK01KCZ
mpower® Arrow System
8EA 3" Mpower Red/Amber

REAR TOP OF SHELL

TRAFFIC ADVISORY WITH CODE
1 1,281.28 1,281.28T
NG ORDER EMPS2SMS4D
mpower® 4" Fascia Light w/ Screw Mount, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 12 LED, Dual Color - Red/White

UNDER TAILGATE CODE & SCENE
2 127.40 254.80T
NG ORDER 980033 1 330.00 330.00T

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ITEM DESCRIPTION QTY RATE AMOUNT
Rigid Industries Flood Diffused Backup Flush Mount Kit SRQ Pro RIGID Industries

REAR BUMPER FOR SCENE

INSIDE SHELL LIGHTING
NG ORDER KINGPIN EQUIPPED PACK 3EA 40" FLOOD LIGHT
ALL 3 TO BE ACTIVATED WITH MERCURY SWITCH
1 359.99 359.99T

SIREN / SPEAKER
NG ORDER C399

CENCOME CORE WCX CONTROL CENTER
1 924.30 924.30T
NG ORDER CCTL6

WECAN X KNOB/SLIDE CONTROL HEAD (INCLUDED
1 0.00 0.00T
NG ORDER C399K7
OBDII CANPORT KIT 2024 F250 (INCLUDED)
1 0.00 0.00T
NG ORDER SA315U

SPEAKER BLACK PLASTIC (INCLUDED)
1 0.00 0.00T
NG ORDER SAK9
SA315 SIREN MT UNIV SWIVEL (INCLUDED)
2 0.00 0.00T
NG ORDER SA315U

SPEAKER BLACK PLASTIC
1 279.95 279.95T
NG ORDER SAK9
SA315 SIREN MT UNIV SWIVEL
1 36.59 36.59T
NG ORDER CEM16
WECANX 16 OUTPUT EXPANSION MOD
2 178.10 356.20T
TSO 78815 17 FT RG58 The Laird MB8U vehicle roof mount antenna installation hardware kit is for Motorola-style mobile
antennas, 0 1000 MHz. This NMO mount is an all brass
permanent mount for a 3/4 in hole.
3 34.99 104.97T

NG SHOP SUPPLIES SHOP SUPPLIES - TO INCLUDE VEHICLE UPFIT -

BRACKETS, FUSES, CLAMPS, WIRES, LOOM, MISC

ACCESSORIES
1 300.00 300.00T

NG INSTALATION INSTALLATION CHARGE FOR ALL LIGHTING, SIREN,

SPEAKER, PROGRAMMING,
RUNNING ALL WIRE & 3 EA DEPARTMENT SUPPLIED

RADIO & ANTENNA
1 6,000.00 6,000.00T

TROY CONSOLE
NG ORDER CC-WBOS-25
Universal SUV/truck 25" Wide-body open-storage console; 8" slope, 17" level.
1 625.00 625.00T
NG ORDER AC-F150-15-MNT
2015-21 Ford F150 floor plate for bucket seat trucks or factory console removed
1 0.00 0.00T
NG ORDER FACE PLATE WHELEN 4" 1 0.00 0.00T
NG ORDER FP-BLNK2
2" BLANK FILLER PLATE
5 0.00 0.00T
NG ORDER FACE PLATE MOTOROLA 3" 1 0.00 0.00T

NG ORDER AC-INBHG
4" internal dual beverage holder. Includes rubber fingers to keep cup stabilized
1 41.47 41.47T
TPS AC-TB-ARMMNT- CONSOLE MOUNTED HEIGHT ADJUSTABLE ARMREST 1 143.78 143.78T

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ITEM DESCRIPTION QTY RATE AMOUNT
58 WITH STANDARD SIZE ARM REST FOAM PAD

NG SHOP SUPPLIES SHOP SUPPLIES - TO INCLUDE VEHICLE UPFIT -

BRACKETS, FUSES, CLAMPS, WIRES, LOOM, MISC

ACCESSORIES
1 150.00 150.00T

NG INSTALATION INSTALLATION CHARGE FOR CENTER CONSOLE,

COMPUTER STAND & CONNECTING ALL EQUIPMENT
1 3,000.00 3,000.00T

ELECTRICAL ACCESSORIES
MM MMSU-1 Magnetic Mic Single Unit
1 Single Unit Conversion Kit
6 39.99 239.94T
BSS 7615B ATD Automatic Timer Disconnect 1 189.99 189.99T BSS 5026 ST Blade Fuse Block - 12 Circuits with Negative Bus and Cover
1 65.49 65.49T
NG ORDER 150 AMP CIRCUIT BREAKER 1 49.99 49.99T
NG SHIP IN SHIPPING IN COST FROM VENDOR 1 625.00 625.00T SUBTOTAL 20,136.50
TAX 1,837.46
TOTAL $21,973.96
Accepted By Accepted Date

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Item No. Description Quantity Unit Price Total Price
_____________________________________
Front End Equipment
_____________________________________
VTX9D Whelen Vertex Super-LED Omni Directional Lighthead DUO Red/White 2 87.99 175.98 UHF2150A Whelen HeadLight/Grille Light Flasher 1 53.40 53.40 M2RC Whelen, M2 Series LED Flashing - Red w/ Clear Lens 2 129.00 258.00 M2FB Whelen M2 Series Flange Black 1 9.00 9.00

LOWER GRILL L/R
CH27.1.20 911Circuit, Harness w/Timer 1 787.50 787.50
MB-UNI-27 911Circuit, Universal Bracket for Ch27, No Tab 1 27.20 27.20 SA315P Whelen Siren Speaker 100W 2 199.99 399.98
SAK61D Whelen SA-315 Mt Kit 2017-23 F-250 Driver, Not For Use W/Factory Fog Lights 1 30.60 30.60 SAK61P Whelen, SA-315 Mt Kit 2017 F-250 Pass 1 30.60 30.60 CHWLUNI Whelen WeCanX Howler Low Frequency Siren Amplifier, Universal Mount 1 444.60 444.60 NPN Ridgid Industries E- Series 20" Combo LED Light 1 673.18 673.18 I Installation Charges 14 140.00 1,960.00
_____________________________________
Side Equipment
_____________________________________
TLI2D Whelen ION T-Series DUO Red/White 4 108.25 433.00 (2) LEFT SIDE F/R TOP FENDER WELL
(2) RIGHT SIDE F/R TOP FENDER WELL
I Installation Charges 6 140.00 840.00
_____________________________________
Roof Equipment
_____________________________________
EB2DDDD Whelen, Legacy WCX 54" RW/RW/RW/RW 1 2,265.00 2,265.00 STPKT94 Whelen Lightbar Strap Kit 1
MBD 3/4" Hole Brass NMO Mount w/ 17' Teflex Cable, No Connector 3 23.00 69.00 ROOF-FT-NITI-M STI-CO REPLACEMENT MAST NITI 3 56.00 168.00

CSM - AVL ANTENNA
I Installation Charges 4 140.00 560.00
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
49815
Mike McGee
64235
Phone:

Morgan Hill, CA 95037
15670 Monterey Street
Cal Fire - Morgan Hill
Phone:

Morgan Hill, CA 95037
15670 Monterey Street
Cal Fire - Morgan Hill
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
10/8/2024
1 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD F250
Terms: Credit Card Payment
Payment Method: Credit Card

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Item No. Description Quantity Unit Price Total Price
_____________________________________
Drivers Compartment Equipment
_____________________________________
CC-WBOS-25 Troy, Universal SUV/Truck 25" Wide Body Open Storage Console 1 630.00 630.00 AC-F150-15-MNT Troy, Console Floor Plate w/ Foot Brackets, 2016-23 F150-550 1 159.00 159.00 AC-SIDEARM-12 Troy Prod, Arm Rest 1 117.75 117.75
AC-INBHG Troy Products Internal Dual Beverage Holder 4" 1 48.00 48.00 FP-MXTL2500 Troy Products 3" Face Plate, Fits Motorola XTL2500/5000/APX6500 remote 05/07 1 FP-BK-KNGM150R Troy, 3" Faceplate BK M150 Remote Mt 2
FP-WCENCOM-JD Troy Products 4" Face Plate, Fits Whelen Control/Cencom (Sapphire, Carbide) 1 FP-BLNK1 Troy, 1" Blank Filler Plate 1
FP-AP12-4 Troy Prod Troy, 2" Face Plate, Fits 4x Dc Outlet Holes 1 24.00 24.00 L3-AP1SET Troy Products 12v DC Power Outlet w/Cap 2 11.25 22.50 1016B-BSS Blue Sea System 10/24V Dual USB 2.1A Charger 2 25.365 50.73 MMSU-1 Mag Mic Magnetic Mic Kit 4 34.95 139.80

CSM - MOTOTOLA DUAL HEAD XTL SERIES
CSM - BK M150 DUAL HEAD SERIES
CSM - BK M150 DUAL HEAD SERIES
(1) HEAD FRONT CONSOLS (1) HEAD REAR COMMAND
CSM - APPLE MOUNT X 2

CSM - AVL
I Installation Charges 22.5 140.00 3,150.00
_____________________________________
Back End Equipment
_____________________________________

CSM - EXTENDOBED W/COMMAND MODULE

CSM - SMART CAP TRUCK SHELL
VTX609R Whelen Vertex Super-LED Omni Directional Lighthead Red 2 87.99 175.98

REAR TAIL LAMPS
TLIR Whelen ION T-Series Linear Super-LED Surface Mt. Lighthead Red 2 102.99 205.98

TAIL GATE
RIG980033 Rigid, SRQ Flush Mount LED Lt Pair 1 378.00 378.00 Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
49815
Mike McGee
64235
Phone:

Morgan Hill, CA 95037
15670 Monterey Street
Cal Fire - Morgan Hill
Phone:

Morgan Hill, CA 95037
15670 Monterey Street
Cal Fire - Morgan Hill
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
10/8/2024
2 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD F250
Terms: Credit Card Payment
Payment Method: Credit Card

Page 170 of 559 ends

Item No. Description Quantity Unit Price Total Price

REAR BUMPER TIE TO REVERSE
60CREGCS Whelen 12 Diode Interior Light, 6" Round Surface Mount Split Red/White 2 151.20 302.40

COMPARTMENT LIGHTS
TLI2K Whelen ION T-Series DUO Red/Amber 8 108.25 866.00

MOUNTED LEFT TO RIGHT TOP OF SHELL CREATE TA
TIONWEDG Whelen Mounting Wedges ION T-Series 8 13.80 110.40 TAPVC15 Whelen, 15' PVC Extension Cable 1 105.70 105.70 CEM16 Whelen Core WCX 16 Output Expansion Module 1 171.60 171.60 C399 Whelen Cencom Core WCX Remote Siren & Control Center 1 1,079.00 1,079.00 CCTL7 Whelen Core WCX 21 Push-Buttons & 4-Position Slide Control Head 1 C399SP Whelen SCANport KIT FOR C399 1
CEXAMP Whelen WCX External Amplifier 1 220.80 220.80
CEM16 Whelen Core WCX 16 Output Expansion Module 2 171.60 343.20 806-1206 Xantrex, PROwatt SW 600 Inverter 540 Watt 1 303.46 303.46 INSTALL Install Materials 1 500.00 500.00
I Installation Charges 35 140.00 4,900.00
F Shipping Charges 1 325.00 325.00
_____________________________________
MTP48/H6 Interstate, Mega-Tron Plus Battery 1 225.00 225.00 03009 Deka, Marine Battery Box 1 17.86 17.86
04716 Deka, 2/0 Welding Red 25 7.888 197.20
04717 Deka, 2/0 Welding Black 25 7.888 197.20
PAC-500-AMP BATTERY PAC-500-Amp Battery Isolator 1 147.50 147.50 HPC-150 150 Amp Circuit Breaker 4703-150B 2 25.00 50.00 87900 Mega Fuse Holder w/Cover 1 15.00 15.00
26,557.73
2,193.63
24,364.10
Total:

Total Sales Tax:

Subtotal:
325.00
24039.10
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
49815
Mike McGee
64235
Phone:

Morgan Hill, CA 95037
15670 Monterey Street
Cal Fire - Morgan Hill
Phone:

Morgan Hill, CA 95037
15670 Monterey Street
Cal Fire - Morgan Hill
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023-2552
10/8/2024
3 Tax Ident. Type Legal Entity
Vehicle Information:
2025 FORD F250
Terms: Credit Card Payment
Payment Method: Credit Card

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CITY OF MORGAN HILL

BID QUOTATION FORM
(FOR ALL PURCHASES OVER $5,000)
DEPARTMENT: DATE:
(FUND - DEPARTMENT - OBJECT)
ITEM DESCRIPTION:

VENDOR QUOTATIONS
BID AMOUNT *
Vendor Name: $
Address:

Contact: Phone:

Comments:

Vendor Name: $
Address:

Contact: Phone:

Comments:

Vendor Name: $
Address:

Contact: Phone:

Comments:
* BID AMOUNTS MUST INCLUDE SALES/USE TAX AND SHIPPING COSTS SUCCESSFUL VENDOR was chosen because: (Check One)

LOW BID SOLE SOURCE QUALITY SERVICE
OTHER:

PERSON OBTAINING:
11/07/2024
Fleet Equipment Manager
Fire Department
Vehicle F12001 Replacement
1100 Auto Center Cir
(831) 444-4485
Salinas Valley Ford Trucks 64,306.55
Greenwood Ford
300 Gateway Dr
Hollister, CA 95023
Salinas, CA 93907
(831) 271-1016
65,262.21
The Ford Store Morgan Hill
17045 Condit Rd
Morgan Hill, CA 95037
(408) 782-8202
64,306.55

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Prepared for: CAL FIRE
17575 PEAK AVE
MORGAN HILL, CA 95037
2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 425
Client Proposal
Prepared by:

KAMAL DOAD
Office: 831-760-9166
Email: [email protected]
Date: 10/22/2024
Salinas Valley Ford Trucks | 1100 Auto Center Cir , Salinas, CA, 93907 Office: 831-444-4485 | Fax: 831-758-9053

Page 173 of 559 ends

1 Prepared for:

CAL FIRE
Prepared by: KAMAL DOAD
10/22/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 425
Table of Contents
Description Page
Cover Page 1
Table of Contents 2
As Configured Vehicle 3
Pricing Summary - Single Vehicle 4
Window Sticker 6

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2 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared for:

CAL FIRE
Prepared by: KAMAL DOAD
10/22/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 425
As Configured Vehicle
Code Description MSRP
W2B Base Vehicle Price (W2B) $51,560.00
600A Order Code 600A N/C
99N Engine: 7.3L 2V DEVCT NA PFI V8
Gas
$1,705.00
44G Transmission: TorqShift 10-Speed
Automatic
N/C
X37 3.73 Axle Ratio Included
68U F-250 >10K GVWR Package Included
TDX Tires: LT275/70Rx18E BSW A/T (4) Included
64S Wheels: 18" Ebony Black Painted
Aluminum
Included
1 Cloth 40/20/40 Split Bench Seat Included
160WB 160" Wheelbase STD
PAINT Monotone Paint Application STD
STDRD Radio: AM/FM Stereo w/MP3 Player Included
17S STX Appearance Package $5,115.00
874 360-Degree Camera Package Included
66L LED Box Lighting Included
WARANT Fleet Customer Powertrain Limited
Warranty
N/C
425 50-State Emissions System STD
Z1_01 Oxford White N/C
1S_06 Medium Dark Slate w/Cloth 40/20/40
Split Bench Seat
N/C
SUBTOTAL $58,380.00
Destination Charge $1,995.00
TOTAL $60,375.00

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3 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared for:

CAL FIRE
Prepared by: KAMAL DOAD
10/22/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 93907 2024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B) Price Level: 425
Pricing Summary - Single Vehicle
MSRP
Vehicle Pricing
Base Vehicle Price $51,560.00
Options $6,820.00
Colors $0.00
Upfitting $0.00
Fleet Discount $0.00
Fuel Charge $0.00
Destination Charge $1,995.00
Subtotal $60,375.00
Pre-Tax Adjustments
Code Description MSRP
0000 Salinas Valley Ford Discount -$1,569.00
Subtotal $58,806.00
Sales Taxes
Code Description MSRP
0388 Sales Tax 9.125% $5,373.80
Subtotal $64,179.80
Post-Tax Adjustments
Code Description MSRP
5454 DOC FEE $85.00
EDF ELECTRONIC FILING FEE $33.00
TIRE FEE TIRE FEE $8.75
Subtotal $64,306.55
Total $64,306.55

Page 176 of 559 ends

4 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared for:

Page 177 of 559 ends

5 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared for: CAL FIREPrepared by: KAMAL DOAD10/22/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 939072024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B)Price Level: 425Major Equipment(Based on selected options, shown at right) Exterior: Oxford WhiteTorqShift 10-speed automatic Interior: Medium Dark Slate w/Cloth 40/20/40 Split Bench Seat
* 18 x 8-inch front and rear black aluminum
wheels
* Class V tow rating
* LT275/70RS18 AT BSW front and rear tires * Front tires LT load rating: E* Overdrive transmission * Lock-up transmission* Transmission electronic control * Alternator Amps: 160A* Stainless steel single exhaust * All-speed ABS and driveline traction control* Battery rating: 750CCA * HD lead acid battery* Battery run down protection * Injection Type: sequential MPI* Fuel tank capacity: 34.00 gal. * Steering wheel mounted audio controls* Bluetooth wireless audio streaming * 8 inch primary display* AM/FM stereo radio * AM/FM* Seek scan * SYNC 4 external memory control* Vehicle body length: 250.0" * Wheelbase: 160.0"* Cab to axle: 39.9" * Axle capacity rear: 7,280 lbs.* Tire/wheel capacity rear: 7,180 lbs. * Axle capacity front: 6,000 lbs.* Spring rating front: 4,800 lbs. * Firm ride suspension* Trip computer * Power door mirrors* Heated driver and passenger side door mirrors * Manual folding door mirrors* DRL preference setting * LED daytime running lights* Light tinted windows * Variable intermittent front windshield wipers* Manual climate control * Rear under seat climate control ducts As Configured Vehicle MSRPSTANDARD VEHICLE PRICE $51,560.00Order Code 600A N/C3.73 Axle Ratio Included160" Wheelbase STDMonotone Paint Application STDRadio: AM/FM Stereo w/MP3 Player IncludedFleet Customer Powertrain Limited Warranty N/C50-State Emissions System STDSYNC 4 IncludedEngine: 7.3L 2V DEVCT NA PFI V8 Gas $1,705.00Transmission: TorqShift 10-Speed Automatic N/CSTX Appearance Package $5,115.00360-Degree Camera Package Included360-Degree Camera System IncludedBLIS w/Cross-Traffic Alert IncludedLED Center High-Mounted Stop Lamp (CHMSL)Camera IncludedRear Parking Sensors IncludedAutomatic High Beam Included

Page 178 of 559 ends

6 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Prepared for: CAL FIREPrepared by: KAMAL DOAD10/22/2024 Salinas Valley Ford Trucks | 1100 Auto Center Cir Salinas CA | 939072024 F-250 4x4 SD Crew Cab 6.75' box 160" WB SRW XL (W2B)Price Level: 425Major Equipment* Driver front impact airbag * Seat mounted side impact driver airbag* Passenger front impact airbag * Seat mounted side impact front passenger airbag
* 6 airbags * AdvanceTrac w/Roll Stability Control
electronic stability control system with antirollover
* Manual rear child safety door locks * SecuriLock immobilizer* Fixed rear seats * 60-40 folding rear seats* Front facing rear seat * Fold-up rear seat cushion* Height adjustable rear seat head restraints * Manual rear seat head restraint control* 3 rear seat head restraints * Split-bench rear seat* 40-20-40 split-bench front seat * Driver seat with 4-way directional controls* Front passenger seat with 4-way directional controls
* Height adjustable front seat head restraints
* Manual front seat head restraint control * Split-bench front seat* Front seat center armrest * Front seat armrest storage* Manual reclining driver seat * Manual driver seat fore/aft control* Manual reclining passenger seat * Manual passenger seat fore/aft control* Cloth front seat upholstery * Cloth front seatback upholstery* Manual driver seat lumbar * 4-wheel disc brakes* 4-wheel antilock (ABS) brakes * Brake assist system* Hill Start Assist As Configured Vehicle MSRPPre-Collision Assist IncludedF-250 >10K GVWR Package IncludedBody-Color Front Bumper IncludedBody-Color Rear Bumper IncludedCloth 40/20/40 Split Bench Seat IncludedColor-Coordinated Full Carpet w/Floor Mats IncludedLED Box Lighting IncludedLED Fog Lamps IncludedPainted Grille IncludedWheels: 18" Ebony Black Painted Aluminum IncludedTires: LT275/70Rx18E BSW A/T (4) IncludedOxford White N/CMedium Dark Slate w/Cloth 40/20/40 Split Bench Seat N/C SUBTOTAL $58,380.00
Destination Charge $1,995.00
TOTAL $60,375.00

Page 179 of 559 ends

7 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Page 180 of 559 ends

Page 181 of 559 ends

CAL FIRE MORGAN HILL
2024 FORD F-250SD
VIN: 1FT8W2BN0REF19538
STOCK #: 417291W
SALESPERSON: MARK WEXLER
11/07/2024 12:10 PM
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 9.125 Cash Deal Structure
Market Value 63,240.00
Discount Savings -4,434.00
Vehicle Price 58,806.00
Document Prep Fee 85.00
Tire/Battery/VTR Fee 8.75
Other Fee 33.00
Sales Tax 5,373.80

Due On Delivery 64,306.55
Tax: 9.125 9.125 %

GOOD FAITH QUOTE:

This is a 2024 Ford F250 Crew Cab 4x4 with 7.3L Gas. Pricing is subject to increases until the order is placed.

Ford Protect EXTRA CARE is an extended service plan is recommended. Plans can be purchased with varying length of time and mileage terms.

The sales tax rate has been estimated at 9.125% for Morgan Hill, but will require confirmation. DMV Title/Reg fees will be $0 due to EXEMPT status.

Thank you for the opportunity and we look forward to supporting the sale, maintenance and service of your vehicles at The Ford Store Morgan Hill.

Mark Wexler
Commercial Vehicle & Fleet Sales Director
[email protected]
Ofc : 408-782-8202 / Cell : 925-499-1878
Fair Pricing and Exceptional Service!
© Copyright 2024 Guest Concepts, Inc. – All Rights Reserved

Page 182 of 559 ends

12 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Sarah Tada, Support Services Manager
APPROVED BY: City Manager

AUTHORIZE THE CITY MANAGER TO ENTER INTO A NEW
AGREEMENT WITH SUN RIDGE SYSTEMS, INC. FOR COMPUTER

AIDED DISPATCH (CAD) AND RECORDS MANAGEMENT SYSTEM
(RMS) IN THE AMOUNT OF $779,484

RECOMMENDATION(S)
Authorize the City Manager to execute and administer an agreement with RIMS Law Enforcement Records Management System by Sun Ridge Systems, Inc. for a new CAD/RMS.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Advancing Regional Initiatives
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:

The Morgan Hill Police Department previously selected Axon as its software provider for Computer Aided Dispatch (CAD) and Records Management System (RMS) to leverage the many benefits of an integrated system. City Council approved a contract with Axon for Axon Dispatch and Axon Records for $778,400, payable over 10 years beginning June 2025.

Initially, the transition to Axon Dispatch and Axon Records was to occur simultaneously.

Upon contract finalization, Axon informed the police department that Axon Dispatch would be significantly delayed. The transition to Axon Records was completed in October 2023 with several open deliverables:
• Conversion of legacy RMS data has not been completed. • A Racial and Identity Profiling Act (RIPA) solution was not provided. The Police Department was advised to seek a third-party solution.
• California Incident Based Reporting System (CIBRS) reporting has not been

Page 183 of 559 ends

12 accomplished. This has caused us to not meet the state reporting requirements.

In July 2024, Axon notified our department that a business decision was made to cease development of Axon Dispatch, and this disclosure was made less than four (4) months prior to the department’s launch date. Axon was aware of the unsupported state of the department’s current CAD solution and did not offer the Police Department a viable alternative.

Additionally, our department remains dissatisfied with the property and evidence module; the evidence module lacks basic property barcode scanner functionality, design limitations have adversely affected the workflows, efficiencies, and the basics of proper documentation of the property and evidence chain of custody have not been met.

Given the failure to produce Axon Dispatch, unresolved CIBRS issues, and dissatisfaction with Axon Records deliverables - the City of Morgan Hill has determined that the best course of action is to separate from Axon Records. The City has given notice of its intent to terminate its agreement with Axon, and staff is in negotiations with Axon to recover the damages from its inability to perform under the agreement. Moving forward with a new vendor will remedy these issues. The Department has had to urgently pivot, leverage relationships, and act expediently to identify a stable and reliable solution that meets our needs in a timely manner and is seeking authority to enter into an agreement with RIMS Law Enforcement Records Management System by Sun Ridge Systems.

Reliability, Stability, and Industry Reputation: RIMS is a fully integrated, low-risk CAD/RMS system with over 200 California law enforcement agencies. This includes over 40 Bay Area law enforcement agencies, and 10 Santa Clara County law enforcement agencies: Gilroy, Los Gatos/Monte Sereno, San Jose State University, Evergreen Community College, West Valley-Mission College, Foothill-DeAnza Community College, Stanford University, and most recently - Palo Alto, Los Altos, and Mountain View. The Hollister Police Department and San Benito County Sheriff's Office are also in the process of integrating their departments with the RIMS platform. RIMS has a professional reputation that is exceptional, and they have been in business over 40 years, operating under its original owners with no outside investors. RIMS includes product updates and new versions with annual maintenance. They are based in California, are site-licensed (not per user or per workstation), and have integrations to match all the platforms our department uses.

RIMS is CIBRS compliant (they were the first vendor to gain certification from the Department of Justice and are considered subject-matter experts). RIMS also includes RIPA reporting, with dashboard insights that can be shared with the community.

Functional Requirements and Daily Operational Needs: RIMS meets or exceeds the department’s functional requirements for law enforcement dispatching, system administration, interfaces and integrations, and records management.

Page 184 of 559 ends

12 Additionally, RIMS has a unique data-sharing product, RIMS Collaborate. This lets RIMS agencies share critical CAD and RMS data from other RIMS agencies at their discretion. For example, Gilroy and Morgan Hill Police Departments have established a joint SWAT team, and it is not uncommon for incidents to begin in one of our jurisdictions and transfer to the other. This capability would positively contribute to public safety in South County in tactical and operational ways that have not been technologically possible before.

For the aforementioned reasons, staff recommends the City Council authorize the City Manager to enter into a new agreement with RIMS Law Enforcement Records Management System by Sun Ridge Systems, Inc. for a new CAD/RMS.

COMMUNITY ENGAGEMENT:

This staff report serves to inform the community of the City’s desire to enter into an agreement with Sun Ridge Systems, Inc. for a police CAD/RMS due to Axon's decision to terminate their CAD software and challenges with RMS state reporting compliance.

ALTERNATIVE ACTIONS:

Council could direct staff to seek and contract with an alternative CAD/RMS provider.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 18, 2022, the City Council authorized City Manager to execute and amend, when necessary, an agreement with Axon for a Computer Aided Dispatch and Records Management System.

FISCAL AND RESOURCE IMPACT:

The total cost of the CAD/RMS licensing contract over the term is $779,484. The City is negotiating with Axon for cost recovery due to a breach of contract, and has not yet made any payments toward the contract. Funding for this project will not exceed funding allocated for the Axon project.

CEQA (California Environmental Quality Act):

Not a Project.

This Agreement entails organizational or administrative activities of governments and will not result in direct or indirect physical changes in the environment.

Page 185 of 559 ends

Sun Ridge Systems, Inc. – Morgan Hill Page 1
SUN RIDGE SYSTEMS, INC.

SOFTWARE AND SERVICES AGREEMENT
This Software and Services Agreement (“Agreement”) is executed in duplicate as of __________, 2024, between Sun Ridge Systems, Inc., a California corporation (“Sun Ridge”), and City of Morgan Hill, a political subdivision of the State of California (“the City”) located at 17575 Peak Avenue, Morgan Hill, CA 95037.

Section 1. Agreement. That for and in consideration of payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions set forth in this Agreement, Sun Ridge agrees to provide computer software (“Software”) and services (“Services”) to the City as described in Exhibit A, Scope of Work, attached hereto and incorporated herein. The Software support and maintenance services to be provided by Sun Ridge as part of the Services are more specifically described in Exhibit C attached hereto and incorporated herein (“Software Support Services Agreement”).

Section 2. City Project Manager. Sun Ridge shall work under the general direction of ______________ in fulfilling this Agreement.

Section 3. Scope of Work. The project that is the subject of this Agreement shall consist of the delivery by Sun Ridge to the City of the Software and Services (the “Project”) described in Exhibit A.

Section 4. Payment Schedule. In consideration for the Software and Services to be provided by Sun Ridge under this Agreement, the City agrees to pay Sun Ridge the Total Contract Amount (“Contract Amount”) given in Exhibit B according to the following schedule (“Payment Schedule”):

Milestone Amount of Payment
Contract Signing 25% of Contract Amount
Software Installation Complete 25% of Contract Amount
Training Complete 25% of Contract Amount
Final Acceptance 25% of Contract Amount
The City shall not be entitled to withhold or delay payments due to Sun Ridge pursuant to the above Payment Schedule due to delay in the delivery, installation, or testing of Software items described in Exhibit A where the delay is the result of action or inaction or breach of this Agreement by the City, its agents or employees or the action or inaction of a third party which is not within Sun Ridge's reasonable control.

Section 5. Invoices. Invoices shall be sent to:
________________________
________________________
________________________
Upon receipt of the invoice, the City shall verify that the invoice has been properly prepared and that the conditions of payment have been fulfilled. If the payment conditions have been fulfilled, the invoice shall be processed and paid by the City within thirty (30) days after the City’s receipt thereof.

Page 186 of 559 ends

Sun Ridge Systems, Inc. – Morgan Hill Page 2
In addition to any other amounts for which City is liable under this Agreement, City agrees to pay to Sun Ridge a late charge equal to one percent (1%) of the amount due if City fails to pay Sun Ridge any amount that is due and owing pursuant to this Agreement within sixty (60) days after City’s receipt of an invoice from Sun Ridge. Any invoiced amounts that are due and owing under this Agreement which City fails to pay to Sun Ridge within ninety (90) days after City’s receipt of an invoice from Sun Ridge shall thereafter bear interest at the rate of twelve percent (12%) per annum or the highest interest rate allowed by applicable law, whichever is less.

Section 6. Term of Agreement. Unless terminated earlier in accordance with the provisions of this Agreement or applicable law, the term of this Agreement (“Term”) shall be from the date shown on the first page of this Agreement through completion of the Project. Completion of the Project means the installation by Sun Ridge of all of the Software, the completion by Sun Ridge of all training and other Services and the payment by the City to Sun Ridge of the entire Contract Amount. The Project schedule is to be separately generated and agreed to between the parties. Notwithstanding the foregoing, the License described in Section 9 below will remain in effect until it is terminated pursuant to Section 9.

Section 7. Warranty/Disclaimer of Liability.
a. Sun Ridge warrants that upon delivery the Software substantially conforms to its Documentation and is free from defects that will materially impair its use. The City’s sole and exclusive remedy for breach of this warranty will be repair or replacement of the Software. Sun Ridge will make reasonable efforts to correct errors in the Software, but does not warrant that the Software is error-free or will perform without interruption. The City has relied solely upon its own investigation and judgment in selecting the Software and not upon any representations or promises of Sun Ridge except as may be expressly stated in this Agreement. b. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER

WARRANTIES PERTAINING TO THE SOFTWARE, EXPRESS OR IMPLIED, AND SUN RIDGE

SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST

BUSINESS, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,

HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE

QUALITY, CONDITION OR USE OF THE SOFTWARE OR ANY OTHER PART OF THE PRODUCT. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR ANY AMOUNT WHICH EXCEEDS THE AMOUNT PAID BY THE CITY FOR THE PRODUCT.

Section 8. Final Acceptance. For thirty (30) days from the beginning of Agency’s Operational Use of the Software or forty (40) days after the completion of installation and training by Sun Ridge, whichever comes first (the “Test Period”), Agency shall test the system for defects and anomalies. “Operational Use” is defined as the Agency’s use of the Sun Ridge Software in the course of the Agency’s daily business activities. During the Test Period, Sun Ridge shall address and attempt to resolve issues with the Software identified by Agency under the Software Support Services Agreement (Exhibit C). At the end of the Test Period, Agency shall accept or reject the Software as follows:
a. If City determines that the Software is performing to its satisfaction it shall immediately provide written notice to Sun Ridge of final acceptance of the Software (“Final Acceptance Notice”), and upon receipt of a valid invoice from Sun Ridge, shall process and pay the final milestone of the Contract Amount including any additional outstanding milestone Payment Amounts. Any remaining issues with the Software shall be covered as part of the original

Page 187 of 559 ends

Sun Ridge Systems, Inc. – Morgan Hill Page 3
cost of the system and handled as maintenance items under the Software Support Services Agreement (Exhibit C).
b. If City decides to not accept the Software, then it must so notify Sun Ridge in writing within five (5) calendar days after the end of the Test Period (a “Rejection Notice”). If a Rejection Notice is given, this Agreement shall be automatically terminated and all payments already made by City to Sun Ridge, less the cost of project management, installation, data conversion, and training services provided up to the date of termination shall be returned to City by Sun Ridge within thirty (30) days after receipt of the notice. The terms of Section 11 and all other provisions of this Agreement that expressly survive such termination shall apply. c. If City fails to provide a Final Acceptance Notice or a Rejection Notice within five (5) calendar days after the end of the Test Period, then City’s final acceptance of the Software shall be considered to have occurred and City and Sun Ridge shall proceed as described in section 8.a above.

Section 9. Software License. Subject to the terms, conditions, limitations and restrictions set forth in this Agreement, Sun Ridge grants to the City a nonexclusive and nontransferable license, effective upon the City’s Final Acceptance of the Software pursuant to Section 8 above, to use the Software in connection with the City’s normal and customary daily operations substantially as they exist as of the date of commencement of the Term as described below (the “License”). The City shall acquire no ownership or other rights in or to the Software except for the License granted hereunder, and title to the Software shall at all times remain with Sun Ridge.
a. The following additional terms, conditions and limitations apply to the License:
i. The City may use the Software only for the agency that is the subject of this Agreement. The CITY shall not permit any other agency to use the Software unless it has first obtained explicit written agreement from the CONTRACTOR to do so; ii. The City may make a copy of the Software for backup or modification purposes only in support of the City’s authorized use of the Software hereunder as Sun Ridge has expressly authorized; and
iii. No one using the Software, and no one for whose benefit the Software is being used, shall sublicense, resell, distribute, market, provide or otherwise make available the Software or any part or copies thereof to any third party. iv. The City shall not transfer, use, or export the Software in violation of any applicable laws, rules, or regulations of any government or governmental agency. v. The City shall not use the Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component.
vi. The City shall not embed the Software in any third-party applications, unless expressly permitted under this Agreement or otherwise authorized in writing in advance by an authorized officer of Sun Ridge.
vii. The License granted under this Agreement shall apply only to the object code for the Software. No one using the Software, and no one for whose benefit the

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Software is being used, shall have the right to use or have access to the source code for the Software, and neither the City nor anyone using the Software pursuant to this License will modify, change, merge, adapt, translate, reverse engineer, decompile, disassemble or prepare derivative works based upon the Software.
viii. The City acknowledges that the Software and the
Documentation constitute trade secrets of Sun Ridge. The City agrees to maintain the confidentiality of the Software and the Documentation, and shall take commercially reasonable steps to preserve that confidentiality pursuant to Section 12 of this Agreement. b. The term of the License shall commence upon Final Acceptance of the Software by the City, and shall continue until the License is terminated as provided below. i. Sun Ridge may immediately terminate the License in the event of any failure by the City to comply with the terms or conditions of this Agreement by giving written notice of such termination to the City. In the event the City has leased the Software from Sun Ridge, the License will terminate automatically upon termination of the lease. Upon such termination, the City shall immediately cease further use of the Software and will cause all copies of the Software to be destroyed or returned to Sun Ridge. ii. The City may terminate the License at any time by giving written notice thereof to Sun Ridge and by destroying or returning to Sun Ridge all copies of the Software. The City acknowledges and agrees that any election by the City to terminate the License hereunder will not entitle the City to any refund of amounts paid or compensation of any kind from Sun Ridge.
iii. Upon any termination or expiration of the License, an authorized representative of the City shall certify in writing to Sun Ridge that all copies of the Software and the Documentation which were the subject of the License have either been destroyed or returned to Sun Ridge as required above.
iv. The provisions of Sections 7 and 11 through 13, inclusive, shall survive the expiration or termination of this Agreement. c. Sun Ridge may, at its option, release updates to or new versions of the Software. If the City elects to obtain any update or new version of the Software, the use of such update or new version will be subject to the terms and conditions of this Agreement. d. Except as expressly provided in this Agreement, Sun Ridge retains all intellectual property rights and other rights to the Software, Documentation (as defined below), and the source code for the Software.

Section 10. Indemnity and Insurance.
a. Sun Ridge agrees to indemnify, defend, and hold harmless the City and its officers, directors, shareholders, employees, and agents (the “City Indemnified Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees (“Claims”), arising out of or relating to (i) any actual infringement of a third-party’s intellectual property rights or (ii) the negligence or willful misconduct of any employee or agent of Sun Ridge occurring during or as a result of Sun Ridge’s performance of its obligations hereunder, provided that Sun Ridge shall have no indemnity or other obligations to the City hereunder to the extent any such Claims arise from or are the result of the negligence or other fault of the City or its employees, agents or other contractors nor shall the foregoing indemnity and hold harmless obligations of Sun Ridge extend to or cover any Claims arising from or relating to claims of defects or errors in the Software

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or the City’s use or inability to use the Software. This indemnity obligation shall survive the expiration, cancellation or termination of this Agreement. Notwithstanding the foregoing, the City expressly waives, releases, and agrees that neither Sun Ridge nor Sun Ridge’s officers, directors, shareholders, employees, agents and affiliates shall have any liability for any individual’s or entity’s lost business, direct damages, incidental or consequential damages, or any other Claims arising out of or related to the use or implementation of the Software. b. During the term of this Agreement, Sun Ridge shall comply with the following insurance requirements:
i. Workers’ Compensation. Sun Ridge shall fully comply with the terms of the law of California concerning workers’ compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Sun Ridge may have for workers’ compensation. Said policy shall also include employer’s liability coverage of $1,000,000 per accident for bodily injury or disease. ii. General Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement commercial general liability insurance in the amount of $1,000,000 per occurrence for bodily injury, and property damage personal injury; coverage includes products and completed operations,. Said insurance shall provide (1) that the City, its officers, and employees shall be included as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and non-contributory. iii. Automobile Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement business automobile liability insurance in the amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said insurance operate as primary insurance, and non-contributory. iv. Certificates of Insurance. Sun Ridge shall file with City upon the execution of this Agreement, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation, or change in coverage.

Section 11. Termination Rights. Either party may terminate this Agreement upon material breach of any of the terms of this Agreement by the other Party, after first giving the other party written notice of such breach and thirty (30) days to cure. If the breaching party does not cure the breach within the allotted time, the Agreement will be terminated. Upon Termination, each party will return, delete, or destroy any copies, whether tangible or electronic, of Confidential Information obtained from the other party pursuant to this Agreement, including but not limited to any Documentation and any Confidential Information stored on any equipment that may be returned, and certify to the other party in writing within five (5) business days of the termination date that it has done so.

Section 12. Confidential Information. “Confidential Information” means any and all confidential information of a party to this Agreement that is not generally known to or by members of the public, including but not limited to businesses that compete with such a party, including but not limited to the Software and the Documentation pertaining thereto. Confidential Information shall not include information that is now or becomes part of the public domain, is required by applicable law to be disclosed, was already known by the receiving party at the time of disclosure, is independently developed by the receiving party without any use of Confidential Information, or is lawfully obtained from a third party. “Documentation” means those visually readable materials developed by or for Sun Ridge for use in connection with the Software, in either written or electronic form.

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Each party agrees to protect the other party’s Confidential Information. Confidential Information will not be used or disclosed except as authorized by the providing party. Confidential Information will be disclosed to employees of the receiving party only on a “need to know” basis and only after such employees are informed of the confidential nature of the information and obligated to maintain confidentiality.

If a party or any party acting on its behalf is required to disclose by order of a court of competent jurisdiction, administrative agency or governmental body, or by subpoena, summons or other legal process, or by law, rule or regulation, or by applicable regulatory or professional standards to produce Confidential Information, that party shall promptly (and prior to such disclosure) notify the other party in writing of such demand or requirement whereupon the parties shall cooperate and take all reasonable acts (without significant cost or expense to the notifying party) to exhaust the legal avenues available to maintain the confidentiality of such Confidential Information, unless the party whose Confidential Information is at issue consents to the production and disclosure of such Confidential Information. In all events, only that portion of the Confidential Information specifically requested by the tribunal or person compelling such disclosure shall be provided and no interpretation or analysis of such data prepared for the purpose of such disclosure shall be disclosed unless approved the party whose Confidential Information is at issue or required by law.

Section 13. General Terms.
a. Governing Law. This Agreement will be construed by and enforced in accordance with the laws of the state of California. b. Arbitration. If a dispute arises from or related to this Agreement or the breach of this Agreement and if such dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation to be held in Sacramento, California, under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration. Thereafter, any unresolved controversy or claim arising from or relating to this Agreement, or breach of this Agreement, shall be settled in arbitration to be held in Sacramento, California. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association, and the parties shall be allowed discovery in accordance with the California Code of Civil Procedure. If Sun Ridge and the City cannot jointly select a single arbitrator to determine the matter, one arbitrator shall be chosen by each of Sun Ridge and the City (or, if a party fails to make a choice, by the American Arbitration Association on behalf of such party) and the two arbitrators so chosen will select one additional arbitrator.

The decision of the single arbitrator jointly selected by Sun Ridge and the City, or, if three arbitrators are selected, the decision of any two of them will be final and binding on the parties and the judgment of a court of competent jurisdiction may be entered on such decision. The prevailing party shall be entitled to recover reasonable fees and expenses resulting from any arbitration proceeding.
c. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions.
d. Assignment. Parties may not transfer, assign, or sublicense this Agreement, any license hereunder, or any of its rights or duties hereunder to any other person, site or corporation without the prior written consent of the other party. Any attempted transfer, assignment, or sublicense made without prior written consent shall be completely void. e. Notice. Any notice requested or permitted to be given hereunder shall be sent prepaid, certified mail, return receipt requested, and shall be deemed to have been given on the third (3rd) business day after mailing to the other party as follows: to the City at the

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address indicated in the initial paragraph of this Agreement or to electronic mail address ______________________; to Sun Ridge Systems at P.O. Box 5071, El Dorado Hills, CA 95762, or electronic mail address [email protected]. Notices may be given by electronic mail transmission to such address as may be specified by the party for such purpose and shall be deemed to have been given when transmitted to such address with confirmation of a successful transmission.
f. Independent Contractors. The parties to this Agreement shall constitute independent contractors. Nothing in this Agreement shall be construed as establishing any employment, partnership, joint venture or similar arrangement between the parties, and no party has any authority to commit any other party to any obligation to any other person or entity, unless expressly agreed to in writing signed by such party. g. Force Majeure. Sun Ridge shall not be responsible for interruption of, interference with, diminution of, or suspension of any of its products or services, including performance failure, which are caused by strike, lockout, riot, epidemics, war, government regulation, fire, flood, natural disaster, acts of God, utility failures, losses or injuries arising directly or indirectly from criminal acts, negligent acts of others, malfunctions or inadequacies of equipment or service not directly within the control of Sun Ridge. h. Authorization/Entire Agreement/Modification. This Agreement will be effective upon signing by the City and Sun Ridge. This Agreement is the complete and final Agreement of the parties relating to the subject of this Agreement and it replaces and supersedes any prior or contemporaneous oral or written understandings or agreements. No alteration or variation to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.

This Agreement has been executed by the parties hereto, from the date shown on the first page.

SUN RIDGE SYSTEMS, INC.

By:
__________________________________
Carol Gomes Jackson
Its: President

CITY OF MORGAN HILL
By:
__________________________________
Its:

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Exhibit A - Scope of Work
Section 1 – Software Licenses
The City has purchased the following software licenses:
• RIMS Computer Aided Dispatch Software
• RIMS Records Management Software
• RIMS Mobile Computer Software
• iRIMS Law Mobile App Software
• RIMS In-Station Mapping Software
• RIMS Mobile Mapping Software
• RIMS Property Room Bar Coding Software
• Citizen RIMS Public Access Software
• InCustody Lite Software
• RIMS Collaborate Data Sharing Software
The City has purchased the following RIMS interface software:
• RIMS E911 Link
• RIMS State Link (CLETS) Software
• RIMS Text Paging Software
• RIMS BWC Link Software
• RIMS CopLogic Import Software
• RIMS AutoCite Import Software
• RIMS Crossroads Accident Import Software
Section 2 - Project Schedule
Upon execution of the Agreement, Sun Ridge and the City shall define a mutually agreed on project schedule.

Section 3 – Hardware/Equipment
Sun Ridge is providing one (1) Worth Data Bar Code Scanner.

Section 4 – Third-Party Software
Sun Ridge is providing no Third-Party software.

Section 5 - Installation
Sun Ridge will install all Sun Ridge provided Software on City provided servers and will provide instruction to the City staff on how to install the client workstation Software and Mobile/App Software. The City’s servers and workstations (including desktop and laptop computers as well as Android and/or iOS devices) shall meet the minimum specifications set forth in Section 13.

Access to the City supplied servers shall be via unattended remote access using a product called Bomgar by Beyond Trust, provided by Sun Ridge. As part of installation, Sun Ridge will setup a basic system backup process to local disks.

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Section 6 – Configuration
Sun Ridge will provide the following sessions to the City’s designated RIMS Administrators:

RIMS Configuration and Setup: Consists of up to 24 hours for CAD/RMS and an additional 8 hours for IC-Lite, conducted via phone and/or remote access. The City’s “RIMS Administrators” will be instructed on how to configure RIMS to most closely meet the desired operational procedures of the City. In some cases, the RIMS Administrators may find that modifying existing procedures may be desired in order to take full advantage of RIMS functionality. Discussions will include:
• Customization of drop-down menu choices for 200+ fields • The City’s dispatch operational decisions
• The City’s records management operational decisions
• The City’s jail management operations decisions
• Paper flow vs paperless vs less paper for records
• Selection of case format type
• Review of data conversion processes and implementation, including reviewing data and starting data translations if converted data is available at the time the session is scheduled
Section 7 - Map Engineering Services
Sun Ridge will provide map engineering services assuming an ESRI-based map source. This process involves the City supplying an ERSI street centerline file (and layers) to Sun Ridge so that Sun Ridge can build maps for use by the RIMS mapping software products.

Section 8 – Street File (aka “Geofile”) Load
The City and Sun Ridge will work together to determine the best street file source. One “load” of this source file into RIMS is included in the scope. If the City determines that additional iterations of the street file are to be loaded (due to updates or corrections) or determines an alternative source for the street file is preferred, Sun Ridge may charge additional fees for the additional loading.

Section 9 - Integration
Sun Ridge will provide RIMS sided interfaces for all third-party software applications listed in Section 1 above. The City must coordinate with third-party vendors to complete and test their portion of the interface.

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Section10 – Training
Sun Ridge is providing “end user” training all of which will be conducted on-site at a City provided location(s). Training days are contiguous, including weekends. Class times are 0800 to no later than 1700. Sun Ridge will provide a training plan at least 30 days prior to the first training session, generally following the parameters and total number of classes set forth in the chart below but with the specifics mutually agreed upon by the Parties.

Sun Ridge will provide course materials/handouts in electronic format in advance of the training.

A “session” is a repeat of the same class/material.

End User Training
Subject
Sessions
Offered
Days Per
Session
Total
Days Class Size
CAD/Dispatcher 2 2 4
No more than 1 student
per workstation/10
students per session max
Officers/Mobile
Training 4 2 8
No more than 2 students
per workstation/20
students per session max
Records 1 1 1
1 student per workstation
(also must attend Day 1
of Officer Training)
Property Room 1 1 1
1 student per workstation
(also must attend Day 1
of Officer Training)
Officer InCustody
Lite Training 2 1 2
1 student per workstation
(also must attend Day 1
of Officer Training)
IT Go Live Prep 1 1 1 TBD
Admin Review 1 1 1 TBD
Section 11 - Go Live Support
Three (3) Sun Ridge staff will be on site on the day of and the day after go live. Staff will be onsite to answer questions and to address any system problems.

Additionally, 1 day of post go-live remote training, typically scheduled two to six months after go live, is included.

Section 12 – Data Conversion
Data conversion does not include establishing access between RIMS and the EIS and RMS systems. The City will provide access to the data, either via a full database backup restored as a SQL database on the RIMS server or by establishing a “linked server” between the RIMS server and the requisite EUS database. Once Sun Ridge receives access to the data, Sun Ridge will

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evaluate it to determine which items may be converted into RIMS. Please note that not all data may be available or suitable for conversion. As part of Sun Ridge’s standard data conversion, we attempt to convert the following items. The following items are part of Sun Ridge’s standard data conversion:

RMS Data
People:
• Person Name (including combining duplicates based on 6-way match) • DOB
• Contact Information
• Description
• Identification Numbers
• Officer Safety Notifications
• Log Entries for Connections to Cases
• Log Entries for Citations
• Log Entries for Field Contacts
• Person Photos (if stored in the RMS and NOT a separate database or system).

Arrests:
• Arrestee
• Date/Time
• Charges
• Counts
• Offense Level
• Disposition
• Booked/Cited Out.
• Arresting Officer ID
• Booking #
Vehicles:
• License (including combing duplicates based on 2-way match) • License
• State
• Make
• Model
• Year
• Color
• Type
• Log Entries for Connections to Case
• Log Entries for Field Contacts
• Log Entries for Citations.

Cases:
• Location
• Date Reported
• Date Occurred
• Classification/Type
• Offenses
• Case Dispositions

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• Date of Dispositions
• Officer ID
• Persons
• Vehicles
• Narratives
• Supplements.
• Attachments to cases to include the following file types: .doc (no imbedded photos), .pdf., .jpeg.

Accident Reports (if stored in EIS):
• Location
• Date Reported
• Date Occurred
• Classification/Type
• Offenses
• Case Dispositions
• Date of Dispositions
• Persons
• Vehicles
• Narrative
• Supplements
• CHP 555 Form and Diagram as .pdf files as part of attachments process.

Warrants (if applicable):
• Person Name
• Warrant #
• Warrant Date
• Type
• Felony/Misdemeanor
• Reason
• Court
• Judge
• Case #
• Cite
• Docket
• Ref #
• Agency
• Charges
• Comment
• Bail Amount
• Served Date
• Returned Date
• Returned Reason
• Recalled Date
• Recalled Reason.

Property in Cases:
• Category
• Article
• Status

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• Description
• Brand
• Model
• Item #
• Property Code
• Locations
• Value-stolen
• Recovered
• Damage
• Officer.

Premises:
• Common Place Name
• Address
• Contract Person
• Contract Phone Number
• Alarm.

Streets (if electronic street file is available):
• Street Name
• Intersections (with block ranges).

Officer:
• Name
• ID
Users:
• Name
• ID
CAD data, AXON Data and third-party Property Room data conversion is not included.

Attachments stored in separate databases are not included.

Data conversion is an iterative process and requires the City to review converted data as soon as it is loaded and report any errors found to Sun Ridge. The City must identify at least two people to be part of a data conversion review team. This data conversion review team shall promptly review the converted data once it is loaded into RIMS, identify any problems with the converted data, and report those problems to Sun Ridge in an organized manner.

Sun Ridge will then correct the reported errors, re-run the conversion, reload it onto your system and ask the data conversion review team to review the data again. The cycle is repeated as often as is necessary to ensure that the data conversion is as complete and correct as possible. To assist you with the review process, Sun Ridge will have trainers available via phone and remote access to guide the City. Sun Ridge staff are NOT responsible for reviewing or identifying errors in the converted data. They are responsible for facilitating the process with your staff. If during the course of data conversion Sun Ridge staff becomes aware of any error or defect in the data conversion process or the data itself, Sun Ridge staff will notify the City data conversion review

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team of such error or defect. and if possible, will correct the identified error and reload it onto the City system.

In addition to the continued review of the data for the duration of the project via phone and remote access, there is one (1) day of on-site data conversion review sessions with the Sun Ridge’s trainer and your staff prior to system cutover.

Our data conversion specialist will work with your technical staff to determine:
1) The best format with which to provide the extracted data to the conversion specialist 2) The best method for transferring that data to the conversion engineer; and, 3) The timing for the final extract, conversion, and load of data for go live.

The City is responsible for the following:
• Coordinate and schedule resources of the City to include IT staff • Coordinate the resources of EIS if needed to provide support for the data conversion process.

Section 13 - The City’s Responsibilities
The City is responsible for the following:
- Installation of all remaining client workstations
- Installation of all remaining mobile computers
- Installation of all remaining smartphone/tablet devices - Coordinate and schedule resources of the City to include IT staff - Identify RIMS Administrators
- Identify Data Conversion Review team (can be the same as RIMS Administrators) - Provide data communications infrastructure (network, wireless, internet, intranet) - Complete, submit and gain approval of updated DOJ CLETS application - Coordinate testing of the CLETS Message Switch
- Complete CIBRS certification (if required by DOJ)
- Contact third party vendors, and any other required third-parties, and coordinate their schedules and costs they may charge the City to provide, install and test their portion of the interface to RIMS.
- Provide Geofile (aka “street file”) source and build-out - Ensure accuracy of the geofile
- Provide initial map source file
- Ensure all user-maintained configuration and data validation tables are completed prior to the start of training

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- Provide training facilities and workstations (meeting minimum workstations requirements) and ensure access to RIMS training database from the training location(s)
- Training facilities must meet current Federal, State and local guidelines for health and safety, including those that may affect class size and physical configuration - Make paper copies of class materials and handouts provided by Sun Ridge - Schedule the City’s staff into requisite classes
- Assume any costs for staff overtime or other expenses incurred to support training schedule
- The City will allow unattended remote access (during implementation) to Sun Ridge allowing the use of Bomgar by BeyondTrust remote access software so that Sun Ridge may meet its responsibilities under this Agreement - Purchase a minimum of one (1) DYMO LabelWriter 550 Turbo Label Printer and minimum one (1) month supply of Dymo Labels # 30256 for Property Room - The City will provide the following hardware meeting the following minimum specifications:
• Database Software: Microsoft SQL Server software (Standard Edition) required to run the RIMS database.
• Servers: RIMS software supports a traditional hardware platform or a virtual platform. The hypervisor software products supported - VMWare, Hyper-V, and others. You will need one database server and one application server.

The application server does not require as much disk or RAM as the database server.
• Monitor Resolution: 1920 x 1080
• Minimum Specifications (If using existing PCs and servers)

• Minimum Specifications (If purchasing new PCs and servers) Office Workstations Database Servers
Microsoft Windows 10+ Microsoft WindowsServer 2016+
2+GhzProcessor / i5+ Microsoft SQLServer 2016+
8 GB+ RAM Intel 2 GHz+Processor
AnySizeDiskSpace 16 GB+ RAM
3x Current System DatabaseSizefor Conversion

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• Mobile Computer Specifications: RIMS Mobile Computer Software/OFR Software and RIMS Mobile Mapping run on Windows laptops or Windows tablets per the following minimum specifications:
• Recommended Specifications (If purchasing new Laptops/Tablets) Laptops / Tablets
Microsoft Windows 10+
i7/i9 Processor
16 GB+ RAM
Any Size Disk Space
Optional features for Mobile RIMS: include support for touchscreens, locally connected GPS devices (COM-port Serial or network connection to the modem), NFC readers for YubiKeys (MFA), and Driver’s License barcode scanning using enabled Getac tablets or DL scanners (Com-port Serial – AAMVA format – purchased separately by the City).

Phone and Tablet Devices: The City must provide connectivity from the Phone or Tablet via the internet back to the City to reach the Application Server. The City must also provide a secure method to reach the Application Server, which can be done in various ways. Most agencies choose to use an agency-provided Virtual Private Network (VPN) or Net-Motion-type product that these devices support. Supported Devices Include:

FBI CJIS Requirements: All workstations must comply with FBI CJIS policies, including Multi-Factor Authentication (MFA). MFA can be provided within the Office Workstations Database Servers
Microsoft Windows 10+ Microsoft WindowsServer 2022+
i7/i9 Processor Microsoft SQLServer 2022+
16 GB+ RAM i7, Xeon, or AMD Equivalent Processor
AnySizeDiskSpace 32 GB+ RAM
3x Current System DatabaseSizefor Conversion
Android Devices iOS Devices
Android v13+ iOSv16+

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Sun Ridge Systems products, or the City can use its own solution. Sun Ridge only offers these two MFA possession solutions: Time-Based One-Time Password (TOTP) Authenticator and physical YubiKeys (purchased by the City). For mobile devices using Mobile RIMS or iRIMS, a Mobile Data Management (MDM) software product may be required, which Sun Ridge does not provide nor sell. The City is responsible for other FBI CJIS requirements, including virus protection, local firewalls, and VPNs.
• Property Room Specifications:
- Provide a minimum of one (1) DYMO LabelWriter 550 Turbo Label Printer - Provide a minimum one (1) month supply of Dymo Labels # 30256 for Property Room

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Exhibit B - Contract Amount
Item Price
RIMS Computer-Aided Dispatch and Records Management Software $210,000 RIMS Mobile Computer Software $63,000
iRIMS Law iOS / Android App Software $22,000
RIMS In Station Mapping Software $32,000
RIMS Mobile Mapping Software $11,000
RIMS Property Room Bar Coding Software $26,000
RIMS Citizen RIMS Public Access Software $11,000
RIMS InCustody Lite Software $70,000
RIMS E911 Link Software $13,000
RIMS State Link Software (CLETS) $16,000
RIMS Text Paging Link Software $6,000
RIMS Collaborate Data Sharing Software $12,000
RIMS Body Camera Software $3,000
RIMS CopLogic Import Link Software $4,000
RIMS AutoCite Import Software $4,000
RIMS Crossroads Accident Import Link Software $2,000
Mapping Data Engineering Services $2,500
Worth Data Bar Coding Equipment $1,700
Data Conversion Services $45,000
Installation and Training $149,377
Annual Support and Updates - First Year $75,750
California Sales Tax $157
CONTRACT AMOUNT $779,484

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Exhibit C – Support Services Agreement
This is a description of the software support, maintenance, and update/upgrade services to be provided by Sun Ridge Systems, Inc. (“SRS”) to the City of Morgan Hill (“Licensee”) as part of a Software Support Services Agreement (“Agreement”). This Agreement covers all RIMS public safety software (Software) licensed by the Licensee and is effective on the date of system cutover of the first RIMS product in production use.

Under this agreement SRS agrees to provide the following services to Licensee:

1. Coverage Hours. SRS will provide a toll-free phone number and dedicated email address for support purposes during normal service hours. Normal service hours are defined as MondayFriday, 8AM-5PM PST, except for New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day (“common holidays”).

However, for instances where the Licensee’s system is completely inoperable due to an SRS software problem (“critical problems”) preventing basic system operation, service will be available 24 hours, 7 days a week, common holidays included. Examples of critical problems include:
- RIMS is down/not responding on multiple workstations
- Cannot create a call for service (CAD Incident)
- Cannot issue a case number
- Unable to access NCIC
- Other issues that will not allow the user to complete critical tasks Licensee will have taken reasonable measures prior to contacting SRS support during nonservice hours including:
- Verified that the issue is not related to just 1 workstation - Restarted the workstation in question
- Contacted in-house IT support if the issue is related to network or server errors - Verified the issue is critical enough that it cannot wait until normal support hours

2. SRS Response to reported problems. SRS agrees to provide service and assistance as expeditiously as possible as follows:
a. Most problems will be resolved with the initial phone call or email.

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Sun Ridge Systems, Inc. – Morgan Hill Page 20
b. For problems that cannot be immediately resolved, SRS will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee. ● For critical problems, SRS personnel will work with Licensee until the situation is resolved. ● For problems that are not critical problems that have a lesser though continuing impact on operations of Licensee SRS will endeavor to provide a solution or workaround within 72 hours of the problem being reported to SRS by the Licensee. ● For other problems SRS may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update.

3. Licensee equipment and software responsibilities. Licensee agrees to allow SRS to remotely connect to Licensee’s system when a problem is reported. SRS uses BeyondTrust remote access software for secure installation and follow-on support services. BeyondTrust software provides superior security and does so over an ordinary internet connection via an SRS server that hosts a BeyondTrust security hardware device.

If Licensee does not allow unattended access, the SRS response to a service request may be delayed until a responsible party of the Licensee allows access. Once remote access is obtained, SRS will examine data files, investigate reported problems, and provide updates and corrections as necessary.

4. Provision of software updates. SRS will provide all new enhanced and updated versions of software licensed to Licensee at no additional cost. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain SRS to perform any installation at additional cost to be determined on a per case basis. Updates are distributed via download from the SRS ftp web site. SRS will not be obligated to provide service for release versions that are more than two annual release versions older than the current release.

5. Term. The term of the support period shall be one year from the date of system cutover and shall be annually renewed for another year upon payment of invoice. Payment for the year is due in advance the day the services begin. Non-payment of the support invoice within 60 days as shall be cause for terminating or suspending support services at the discretion of SRS. 6 Termination. Licensee may terminate this Agreement with or without cause upon ninety (90) days written notice to SRS. If terminated, Licensee is entitled to a prorated refund for the service days not consumed beginning on the last day of the month the written notice is received by SRS to the end of the remaining term of the Agreement.

7. Limitations. SRS agrees to provide support only for public safety application software provided by SRS. Other software used by Licensee (word processing, spreadsheet, etc.) is not included in this Agreement. PC and network operating system software and Microsoft SQL Server database

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Sun Ridge Systems, Inc. – Morgan Hill Page 21
system software is similarly not included, although SRS may assist Licensee in isolating problems to this software. (SRS reserves the right to charge for diagnostic services in the event it is determined that the reported issue is not attributable to RIMS.) Also specifically excluded is responsibility for administration, support, or maintenance of Licensee’ server, computer network, operating systems, or database (Microsoft SQL Server).

Licensee may request that SRS provide support services outside the limitations of this Support Services Agreement. If SRS agrees to provide any requested additional support services, such support services will be provided at SRS’s then current rate and under terms and conditions that SRS may require.

This Agreement does not include equipment maintenance or assistance in diagnosing hardware problems including but not limited to PCs, printers, network, scanners, and other computer peripheral devices with the exception that SRS will assist Licensee in determining whether a problem is RIMS application software in nature.

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13 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager

AWARD A WATER USE DATA TRACKING MANAGEMENT AND

COMMUNICATION SOFTWARE AGREEMENT TO AQUATRAX IN THE
AMOUNT OF $175,000

RECOMMENDATION(S)

1. Authorize the City Manager to execute an agreement for $175,000 with Aquatrax for use of their customer water use data tracking management and communication platform for a 5-year term; and

2. Authorize the City Manager to approve minor scope adjustments prior to entering into the final Aquatrax contract.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Healthy Community
REPORT NARRATIVE:

The purpose of this staff report is to allow the City Council to consider the approval of a contract with Aquatrax for use of their water use data tracking management and communication platform (water use platform), see Attachment A.

For a decade, the Morgan Hill community has been provided with access to a water use platform which provides useful tools to help residents conserve water. Some examples of these tools include: home water use reports that enable residents to understand how their water use compares to similar-type households; a web portal connected with the City's advanced meters which allows customers to evaluate historic and current (hourly) water usage at any time; and leak alerts which are sent to customers when continuous water use, or dramatically increased water use, is recorded so that residents can identify and respond to leaks as quickly as possible in order to minimize water waste.

Additionally, the water use platform has enabled the City to actively and easily identify

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13 the highest water users in the City and work with them on conservation opportunities, help properties come into compliance with watering schedule requirements, and engage with properties when they have ongoing leaks or high water use so that customers can avoid high water bills. The availability of a water use platform in the City has made water conservation and tracking easy and data-driven. This has been a key part of an overall trend whereby even though the City population has generally increased, water use has decreased significantly, as shown in the graph in Attachment B.

Since 2014, the City has utilized WaterSmart as its water use platform. In recent years, new water use platforms have been developed that include innovative and customizable features at competitive pricing. With the City’s current WaterSmart agreement reaching its termination in June 2025, the City released a Request for Proposals (RFP) to engage with the opportunity to evaluate costs and services offered by other water use platform vendors.

Six responses were received from water use platform vendors during the RFP process, as shown in the following table:

Company / Platform Name 5-Year Contract Amount
VertexOne / Watersmart (current vendor) $192,960 was noted in the submitted proposal, however the actual cost is closer
to $282,961 as explained below in the
fiscal impact section of this staff report.

Eagle Aerial Solutions / no platform yet,
proposed to build from scratch
$234,890
Intellectyx / no platform yet, proposed to
build from scratch
$358,000
Kubra / DropCountr $172,780
Linkosys / no platform yet, proposed to
build from scratch
$397,000
Aquatrax / Aquatrax $175,000
During the course of proposal evaluations and interviews, it became clear that Aquatrax was one of the lowest two bidders while still offering a suite of services and tools that excelled at being customizable and complete, including tools not offered by other vendors (e.g., lead and copper reporting tools, customized how-to videos for platform users, etc.). Based on demonstrations, Aquatrax appears to be an intuitive and userfriendly platform. Aquatrax employs staff who are water conservation subject matter experts and the Aquatrax platform is, therefore, very focused on providing the added benefit of regulatory support tools to cities to support compliance with new state water conservation regulations. Aquatrax has exceptional references. For these reasons, staff recommends awarding a 5-year contract to Aquatrax.

The proposal submitted by Kubra for use of their DropCountr water use tool was the lowest cost at $172,780. The DropCountr tool had limited customization opportunities, had minimal regulatory tool innovations to support City compliance with water

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13 conservation laws, and their references while overall good, were not exceptional. For these reasons, the DropCountr tool did not score as highly as Aquatrax.

COMMUNITY ENGAGEMENT:

Empower and Inform.

The Aquatrax platform empowers residents to carefully monitor their water consumption and provides them with the tools and information needed to take steps to use water most efficiently.

Residents will be informed of the new water use platform through City outreach and engagement materials including the Weekly 4-1-1, social media, ESD Newsletters, watering schedule notifications, UB inserts, etc.

ALTERNATIVE ACTIONS:

If the Council elects to not enter into contract with Aquatrax then the City will default back to the current water use platform which is not cost competitive and does not offer the same level of comprehensive tools, features, and customization for residents, nor the same level of regulatory support features for City compliance with state laws.

Alternatively, the Council could decline to authorize the execution of any water use platform agreement, which would end the water use data tracking program, or Council could direct staff to further negotiate the Aquatrax agreement with different terms.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• The Council authorized the original WaterSmart contract on April 2, 2014, and approved a second agreement on March 16, 2016.
• On October 5, 2017, the City entered into a 5-year contract with WaterSmart for water use software services through June 30, 2022 in an amount not to exceed $228,062.
• On February 25, 2020, the City entered into a First Amendment to Agreement which made minor adjustments to the Scope of Work and other general provision updates within the agreement. The First Amendment did not include any changes to compensation nor term of the agreement.
• On April 24, 2022, the City entered into a Second Amendment to Agreement under which the maximum compensation under the consultant agreement, as amended, was not increased, but the term was extended for one year until June 30, 2023.
• On June 29, 2022, the City entered into a Third Amendment to Agreement that increased the authorized funds to $275,789.
• On July 9, 2024, the City entered into a new one-year contract with VertexOne who had acquired the WaterSmart software, for services through June 30, 2025, in an amount not to exceed $58,000.

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13 FISCAL AND RESOURCE IMPACT:

Continuing to use WaterSmart would cost the City a minimum of $202,961 over five years (total annual base costs for 5 years plus $10,000 re-onboard fee). Additionally, WaterSmart recently started charging additional 'add-on' transactional fees billed monthly based on use, estimated to be around $16,000 per year for Morgan Hill, currently. Total costs to stay with WaterSmart would, therefore, equate to approximately $282,961 over five years when accounting for the added transactional fees, assuming they stay around $16,000 per year. In comparison, if approved, the total cost of a 5-year contract with Aquatrax would be $175,000 ($151,500 total annual cost for 5 years, plus $23,500 one-time setup fee in FY 2024/25). Entering into contract with Aquatrax would save the City approximately $107,961 over five years compared to continuing with use of the WaterSmart platform.

Annual appropriations to support water use platform expenses have been historically included in the Water Operations budget of Fund 650. The City’s Memorandum of Understanding (MOU) with Valley Water has historically included funding to reimburse the City for one-half of the water use data platform expenses, not to exceed $25,000 per year. If the Valley Water MOU is continued for the duration of the Aquatrax 5-year term, then the City’s net expenses for the Aquatrax agreement will be $99,250 (the current Valley Water MOU ends on June 30, 2027).

Supporting this program administratively is included in the work program of the Community Services, Administrative Services, and Engineering and Utilities Departments.

CEQA (California Environmental Quality Act):

Not a Project.

This action authorizes an administrative activity which will not directly or indirectly lead to changes in the physical environment and it is, therefore, not a project under CEQA.

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CONSULTANT AGREEMENT
Water Use Data Tracking Management and Communication Platform THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Aquatrax LLC a California Limited Liability Company ("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, 2030 at which time CONSULTANT’S services shall be completed. The City Manager is authorized to extend the term of this Agreement for five (5) additional one-year terms 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 to develop, implement and maintain a water use data tracking management and communication platform as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $175,000.00. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed One Hundred Seventy-Five 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

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has not been paid. CITY may require CONSULTANT to complete certain work product or documents and 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

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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.

7.1.3. 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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7.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of CONSULTANT's work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) 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.

7.1.7. Crime/Fidelity Bond. If the performance of CONSULTANT’S work or service under this Agreement relates to or involves handling of CITY monies, CONSULTANT shall procure and maintain Crime insurance, in the minimum amount of: (i) three hundred thousand dollars ($300,000.00) per occurrence, covering all CONSULTANT’S officers and employees, for loss of CITY monies caused by dishonesty and/or theft.

7.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

7.2.1. General Liability and pollution liability (when pollution liability applies).

7.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

7.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

7.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as ISO Form CG 20 01.

7.2.2. Workers Compensation.

If the performance of CONSULTANT’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’s elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M. Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’s agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to

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CITY. A "material change" is a change that results in non-compliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

8. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

9. Compliance with Law.

9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such

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a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five (5) days of satisfying the final judgment, decision or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.

11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement including, without limitation, complying with California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.).

CONSULTANT will further comply and will ensure that its agents and its subcontractors comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8).”.

13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of CONSULTANT is as follows:

Aquatrax, LLC
2372 Morse Avenue, Ste. 647

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Irvine, CA 92614
Attn: Amit Sharma, CEO
Address of CITY is as follows:

Tanya Carothers, ESD
Administrator
City of Morgan Hill
17575 Peak Ave.

Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government.

15. Consultant's Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

16. Maintenance of Records.

16.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then CONSULTANT shall retain said records until such action is resolved.

16.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY.

CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

18. Time of Essence. Time is of the essence in the performance of this Agreement.

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8 Updated August 2024

19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY's option, shall terminate this Agreement effective as of the date of such attempted assignment.

20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.

21. Defense and Indemnification.

21.1. Defense and Indemnification. CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

21.2. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the CITY.

21.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMs alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by CONSULTANT.

21.4. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT's failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

21.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

22. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara.

Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

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9 Updated August 2024

24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

25. Notice of Security and/or Privacy Incident. If CONSULTANT, or its subconsultant, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to CITY PII, PHI and/or PCI, CONSULTANT shall immediately, but in no event later than forty-eight (48) hours from suspicion, discovery or notification of the incident or potential breach, notify CITY of such incident or potential breach. CONSULTANT shall, upon CITY’s request, investigate such incident or potential breach, inform the CITY of the results of any such investigation, and assist the CITY in maintaining the confidentiality of such information. In addition to the foregoing, CONSULTANT shall provide CITY with any assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any privacy incident or security breach with respect to any CITY PII, PHI and/or PCI to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies. CONSULTANT agrees that it shall reimburse CITY for all expenses, costs, attorneys’ fees, and resulting fines, penalties, and damages associated with such incident, breach, investigation and/or notification.

26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

27. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

28. ☒ Data Sharing. This Agreement requires access by CONSULTANT to CITY’s Geographic Information System (GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.

29. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, 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 the CITY.

30. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the Parties, constitute a single binding agreement. ///
///
[Signatures on Next Page]

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10 Updated August 2024

31. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM: AQUATRAX, LLC
Donald A. Larkin
City Attorney By:

Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
U:\Legal Forms\Consultant Agreements\City Standard Consultant Agreement.Docx

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EXHIBIT A
Scope of Services
Water Use Data Tracking Management & Communication Platform Consultant will provide all labor, equipment, training, and materials necessary to install and maintain a Water Use Data Tracking Management and Communication Platform for both City water customers and for the City’s internal staff use. The technology platform will be designed to be user friendly and intuitive with customizable visual dashboards, alert notifications, consumption analytics and reporting modules to service City’s current accounts.

Contractor will notify City staff of any new innovations, improvements and tools to the platform that become available after the City of Morgan Hill’s platform is set-up.

Depending upon the feature, they will be offered to the City of Morgan Hill at no additional cost or at a negotiated cost. Improvements created for other agencies will be offered to the City of Morgan Hill unless they are specific to other clients’ needs, and do not have a utility for the City of Morgan Hill.

Bi-Weekly (every other week) standing meeting with City of Morgan Hill staff during the initial set-up of the platform and during the initial year of operation.

Required Customer Facing Features:

The scope of services shall include implementation of the following required Customer facing features and capabilities:

1. Intuitive customer interface

2. Link/button to bill payment portal that has single sign on abilities

3. Real-time consumption tracker chart

4. Utility contact information

5. Ability to download water use data

6. Generate both print & online water reports bi-monthly (every other month)

7. Option to input contact information for water tool access as part of auto-bill sign up

8. Leak detection self-service tool

9. Personalized recommendations with the ability to link to rebate programs Supplementary Customer Facing Features:

Consultant will provide the following supplementary customer facing features:

1. Mobile app

2. Opt-out platform, not opt-in.

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3. Water usage comparison to other like households included on both the customer and utility portals and included in Home Water Usage Reports

4. Ability to set custom alerts for tracking usage when away

5. Leak information on customer homepage (clicking view leak, takes you to the customer water use tracking tab/section)

6. Outreach promotion option

7. Mechanism to encourage legacy users to input/update contact information for water tool access

8. Short video tutorial of top user features
a. What to do when you get a leak alert
b. How to look at your watering days
c. How to update profile contact details

9. Additional innovative services/features to be offered by platform:
a. Water Budget Variance Request
b. Gamification or Coins
d. LCRR LSI Lead and Copper Tool
e. Customizable Reports & Artificial Intelligence (AI) First Strategy f. ADA compliance
g. Language Translations – include at a minimum Spanish, Vietnamese, Korean, Chinese, Persian, and others are encouraged to be included as well. h. ChatBot feature
Required Utility Facing Features:

Consultant to provide the following required Utility facing features and capabilities:

1. Ability to integrate with Sensus, Infosend, and Tyler Munis and share data

2. Customer service technicians/dedicated representative

3. Mechanism that ensures quick resolution of technical and data issues

4. Leak detection and automated alerts

5. Leak thresholds can be set by the utility and be customized for each customer type

6. High use detection and automated alerts

7. Variety of communication platforms to send to individual accounts and/or many accounts as a group
a. Text, voice, email, portal message, push notifications

8. Urban Water Use Objective (UWUO) awareness (Senate Bill 555, Assembly Bill 1668, Senate Bill 606 [Department of Water Resources Water Conservation as a California Way of Life Framework])

9. Irrigation, normal use, leak usage separation/categorized

10. Watering day(s) listed per account

11. Variety of timeframe views
a. Day, week, 2 weeks, 1 month, 2 months, year

12. Data reporting:

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a. Top consumers by period
b. Irrigators (last week & last year)
c. Customer conversations
d. Consumption history
e. Reading Detail by Account
f. Leak History by Billing Year
g. Leak History by Billing Period
h. Leak Detection Report that shows monthly savings from leak alerts i. Leak Alert History
j. Mailing History
Supplementary Utility Facing Features:

Consultant to provide the following supplementary Utility facing features and capabilities:

1. UWUO reporting analytics (DWR Water Conservation as a Way of Life Framework) a. Commercial, Industrial and Institutional (CII) subcategory categorization b. Single-Family Residential (SFR) Indoor and Outdoor
c. Multi-Family Residential (MFR) Indoor and Outdoor
d. CII Outdoor
e. CII Dedicated Irrigation Meters & CII Mixed-Use Meters f. Other proposed reports:_______________________________

2. Integrated map with filtering capabilities

3. Customer conversation ability – user response to alert

4. Tri-color coded bar graph for water usage (leaks, indoor, and outdoor to all be different colored bars displayed in the graph)

5. Ability to insert outreach messages into Home Water Usage Report

6. Water budget per account

7. Comparison of this year to previous year(s)

8. Additional innovative services/features to be offered by platform:
a. Compliance UWUO, SB 555, SB606
b. Small leaks via Artificial Intelligence (AI)
c. Artificial Intelligence Chatbots
d. Assist in develop of banners and marketing campaign
e. User Adoption Increase & Strategy
f. Optical Character Reading

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EXHIBIT B
Schedule of Compensation
PART 1:

One-Time Set-Up Costs for All Proposed Customer and Utility Facing Features Item Deliverable Amount
Task 1
Customer Facing Portal:

All features as stated in Exhibit A – Scope of Services will be included in Customer Facing Portal.
$ 10,000.00
Task 2
Utility Facing Portal
All features as stated in Exhibit A- Scope of Services will be included in in Utility Facing Portal.
$ 13,500.00
Cost Proposal – Part 1
Total One-Time Set Up Cost* $ 23,500.00
* Total costs shall include travel, supplies, and all other costs deemed necessary to perform the work.

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PART 2:

Annual Costs** for All Proposed Customer and Utility Facing Features Description of
Service Year 1 Year 2 Year 3 Year 4 Year 5
Utility Portal $ 15,500 $ 16,000 $ 16,500 $ 17,000 $ 17,500 Customer
Portal
$ 13,000 $ 13,500 $ 14,000 $ 14,000 $ 14,500
TOTAL

ANNUAL COST
PER YEAR $ 28,500 $ 29,500 $ 30,500 $ 31,000 $ 32,000
Cost
ProposalPart 2

TOTAL ANNUAL
COSTS FOR 5
YRS
(Years 1 – 5)
$ 151,500
TOTAL COST OF 5-YEAR CONTRACT=
COST PROPOSAL PART 1 (Total One-Time Set-Up
Cost) + PART 2 (Total Annual Costs for 5 Years) = $ 175,000 **Invoicing for annual costs shall be in twelve (12) equal monthly payments. For example, the first year’s annual cost of $28,500, shall be billed at $2,375 per month for twelve (12) equal monthly payments.

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EXHIBIT C

SCHEDULE OF PERFORMANCE
The estimated timeline for the implementation of the platform is 6-8 calendar weeks followed by a 2-4 week stabilization period:

Milestone Phase Aquatrax
Deliverables
City of Morgan Hill
Deliverables
Estimated
Duration
1 Planning/Analyze Kick Off Meeting
Mockups and flows
Scope finalization
Project Schedule
Availability for Business
& Technical SME for
timely approvals
Internal/3rd Party
Software/API Access
2 weeks
2 Configure/Integrate Design, Integration
and Configuration
of Base Aquatrax
product.

Solution Diagram
Source System
API/Integration support
Sources System Access
(if required)
Sample Data/Test Data
2 weeks
3 Aquatrax Product Q
A Testing
City of Morgan Hill
UAT Testing
Quality Assurance
Testing
User Acceptance
Testing Support
Availability of City
resources for UAT
User Acceptance Testing
UAT Test Status and
Results
1 week
4 City of Morgan Hill
Outreach Support
Training (Basic
Package)
City of Morgan Hill
Marketing
Campaign Material
Templates
Aquatrax product
video-30 seconds
Train the Trainer
(via remote
WebEx)
Timely approval of
campaign material
City of Morgan Hill team
member participation in
scheduled training
1 week

5. Deployment Production
Deployment
Online Customer
Help Guide
PVT Sign Off
Notice
Availability of Project
Sponsor, Business &
Technical SME and
Approval
1 week

6. Training and
Stabilization
Four week 24 X 7
support for
production
stabilization
Helpdesk setup
and transition to
Product Support
Desk after 4-week
stabilization period
n/a 1 week

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1 Updated June 2020

EXHIBIT D
Third Party Data Use Agreement

1. CONSULTANT agrees that it shall not use any information provided by CITY for any purpose other than for work performed pursuant to this Agreement without the prior express written consent of CITY. CONSULTANT also hereby acknowledges that the data delivered by CITY is for use by CONSULTANT only, and is not to be released to any other party by any means whatsoever, including the Internet, without prior written consent of CITY. CONSULTANT shall provide written notice to CITY of any subcontractor with whom Geographic Information System data (GIS DATA) is shared for purposes of performing work under this Agreement.

2. All data and files are intended for the use within the ordinary course of users’ business and may not be sold, placed on the internet or otherwise provided to other parties. All data shall comply with all statutes such as California State Law, Government Code section 7928.205 which prohibits any state or local agency from posting the home address or telephone number of any “elected or appointed official,” residing spouse, or child on the internet, and Revenue and Taxation Code sections 408,408.1, 408.3, and 409 permitting the County Assessor to collect fees for certain information.

3. CITY, as rightful owners, shall retain all rights, title, interest, and copyright of the data. Any products using the GIS DATA must give credit to CITY as the source of the information. Any and all derivative products of the GIS DATA are owned by CITY and may not be used for any purpose other than performing work pursuant to this Agreement without prior written permission of CITY.

All derivative products and resulting data shall be provided to CITY Project Manager and CITY GIS Manager at the completion of the work.

4. CONSULTANT and CITY understand and agree that the information provided pursuant to this Agreement is the product of professional services paid for by CITY and shall remain property of CITY. CONSULTANT may retain copies, including copies stored on magnetic media, only for information and reference, in connection with CONSULTANT'S use for work performed for CITY.

5. All of the above terms and conditions apply to any subcontractor retained by CONSULTANT.

6. In the event of a conflict between the terms and provisions of this Third Party Data Use Agreement and the terms and provisions of the CONSULTANT AGREEMENT, the terms of the CONSULTANT AGREEMENT shall govern and control.

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14 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

David Gittleson, Associate Engineer
APPROVED BY: City Manager

AWARD CONTRACT TO APEX COMPANIES, LLC FOR THE

INSTALLATION OF SMALL TRASH CAPTURE DEVICES IN THE
AMOUNT OF $287,000

RECOMMENDATION(S)

1. Approve the Installation of Small Trash Capture Devices Project plans and specifications;

2. Award contract to Apex Companies, LLC for the Installation of Small Trash Capture Devices Project in the amount of $287,000;

3. Authorize expenditures of construction contingency not to exceed $28,700; and

4. Authorize the City Manager to execute and administer the construction contract with Apex Companies, LLC.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Guiding Documents
State mandated requirement
REPORT NARRATIVE:

On April 7, 2015, the State Water Resources Control Board (SWRCB) adopted the Statewide Trash Provisions which addresses the impact trash has on the beneficial uses of surface waters. The Trash Provisions establish a statewide water quality objective for trash and a prohibition of trash discharge. Thus, the City is required to demonstrate 100 percent compliance with the Trash Provisions by the year 2030. Full compliance with the Trash Provisions requires the City to install, operate, and maintain State-certified Full Capture System (FCS) devices that capture all trash down to 5 millimeters in size from Priority Land Use areas. These areas include industrial, commercial, mixed-use, high-density residential, and public transportation stations.

On July 22, 2020, Schaaf & Wheeler-Consulting Civil Engineers was selected by the City Council to complete a Trash Compliance Strategy and Cost Analysis for the City of Morgan Hill. The information obtained from this effort provided the City with stormwater

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14 catchment data to help with the implementation of the trash capture requirement. 160 locations ended up being selected for small trash capture to meet the State criteria (Attachment 1).

The project specifications were completed in August 2024 and the scope of work includes; mobilization, traffic control, and furnishing and installing 160 small trash capture devices at the selected locations. The trash capture devices will be installed within the existing curb inlets, requiring no surface/street modifications. The project was advertised in the Morgan Hill Times on September 13, 2024 and September 20, 2024.

The bid opening was held on October 10, 2024, and three (3) bids were received as listed below:

1. Apex Companies, LLC $287,000

2. Corcus Construction, Inc. $507,500

3. Pacific Underground Construction $625,500
The lowest responsible bidder was Apex Companies, LLC at $287,000. The low bidder's bid amount of $287,000 is approximately 9% higher than the engineer's estimate of $260,000. The low bidder, Apex Companies has 36 years of experience as a contractor and has completed similar work for the City of Ventura, the City of Milpitas, and the City of Sunnyvale.

Staff therefore recommends the award of the contract to Apex Companies, LLC in the amount of $287,000. In addition, a ten (10) percent construction contingency in the amount of $28,700 is being requested to account for any unforeseen conditions that might be encountered during the work.

This project is scheduled to start in January 2025 and be completed within 150 days.

The project specifications are available on the City's web page under the Government tab and on the Community Projects site. https://www.morganhill.ca.gov/1436/ProjectPlans-Specifications-and-Bid-Res COMMUNITY ENGAGEMENT:

Inform
While there may be inconveniences for residents close by, staff will work with the contractor to minimize these inconveniences and provide email and door notifications prior to any construction activities. Staff will also provide regular updated construction information weekly through Next Door and on the City’s website. Additionally, roadway signage will be used to inform drivers of planned lane closures on Monterey Road.

ALTERNATIVE ACTIONS:

City Council may decide not to award the construction contract. This is not recommended as staff do not believe it will lead to lower costs and doing so could make it more difficult for the City reaching timely compliance with the requirements of the Statewide Trash Provisions.

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14 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On July 22, 2020, the City Council approved a contract with Schaaf & Wheeler for the completion of a Trash Compliance Strategy for an amount not to exceed $86,729.

However, through a cost share agreement, the City portion was $36,940 and Gilroy's share was $49,789.

FISCAL AND RESOURCE IMPACT:

Fiscal:

If approved, the total construction authorization for this project shall be $315,700, which includes a 10% contingency of $28,700. The project is allocated in the FY 2024-25 through FY 2029-30 Capital Improvement Program under Citywide Small Trash Capture Project (SD4007) with $240,000 presented to the City Council on June 19, 2024. The additional funding of $75,700 to complete the project shall come from Capital Improvement Project Storm Drain System Repairs and Improvements (SD4002).

CEQA (California Environmental Quality Act):

Categorical Exemption
The project is categorically exempt per Section 15301-Existing Facilities, under Class 1, consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

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County of Santa Clara, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS G:\R-14\Proj\GIS\Agustin\Award Contract Small Trash.mxd 820 410 0 820 1,640 2,460
Feet
O

AWARD CONTRACT TO APEX COMPANIES LLC

FOR THE INSTALLATION OF

SMALL TRASH CAPTURE DEVICES
Engineering and Utilities Department
CIP Engineering Division

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15 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Mario Jimenez, Associate Engineer
APPROVED BY: City Manager
AWARD CONTRACT TO EURO STYLE MANAGEMENT FOR THE 2025
ENCINO TANK REHAB PROJECT IN THE AMOUNT OF $780,850

RECOMMENDATION(S)

1. Award contract to Euro Style Management for the 2025 Encino Tank Rehab Project in the amount of $780,850;

2. Authorize expenditure of construction contingency funds not to exceed $78,085; and

3. Authorize the City Manager to execute and administer the construction contract with Euro Style Management.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety and Quality of Life
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Water System Master Plan
REPORT NARRATIVE:

The Scope of the work for this project includes recoating the exterior and interior of the reservoir, installing necessary safety elements and repairing damaged elements on the tank. The reservoir has not been recoated since its construction in 1974.

Encino tank rehab was initially put out to public bid along with Glen Ayre tank in late 2023. Bids were opened on November 15, 2023. The resulting bids are listed below.

Olympus and Associates $1,276,000
Resource Development Company $1,228,335
The bids were more than triple the engineer's estimate of $348,000. Staff consulted with

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15 the consultant for the City's Water System Master Plan to gain insight and decided to reject all bids, opting to rebid the project in hopes of receiving more favorable results.

Additionally, staff decided to remove Glen Ayre Tank rehab from the project and instead wait for it to be replaced a few years down the line as it was already scheduled to be demolished and upgraded in the near future.

Encino Tank rehab rebid bid opening was held on October 2, 2024. The bids are listed below. Staff reached out to several companies in the tank rehab business and encouraged them to submit a bid resulting in an increased number of bids. Due to the specialty nature of the work and due to current market conditions, the engineer's estimate was revised to $488,000.

Euro Style Managementue $780,850
United Field Services $827,267
Spiess Construction Co Inc $906,275
Viking Painting LLC $1,089,200
The bid amount provided by Euro Style Managment is 60% higher than the Engineer's estimate. The low bidder, Euro Style Management, Sacramento, California has many years of experience in the tank rehabilitation work and has previously performed work for the City of Morgan Hill. Staff checked references for Euro Style Management and found all were satisfactory. Staff recommends award of contract to Euro Style Management for the amount of $780,850. The project is scheduled to begin late spring after the rainy season and be completed within 120 calendar days.

Specifications and Contract Documents for the 2025 Encino Tank Rehab Project can be found at: https://www.morganhill.ca.gov/DocumentCenter/View/51260/2025- EncinoTank-Rehab-Bid-Docs
COMMUNITY ENGAGEMENT:

Inform
Staff will notify affected residents of construction schedule and will also provide updated construction information on the City's website.

ALTERNATIVE ACTIONS:

City Council could elect not to award this construction contract. However, this would leave the existing Encino Tank in in poor condition, vulnerable to failure and provide unsafe working conditions for staff.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

No prior City Council actions have been taken on this project.

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15 FISCAL AND RESOURCE IMPACT:

Fiscal:

The total authorization for this project would be $858,935 which includes a 10% contingency of $78,085. The construction costs are sufficiently funded in the Fiscal Year 2024-25 Capital Improvement Program (CIP) budget under CIP Project WA6009 — Reservoir Recoating and Rehabilitation.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.

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PUBLIC SERVICES DEPARTMENT

ENCINO TANK

REHABILITATION O
820 0 820 1,640 2,460 410
Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
G:\R-14\Proj\GIS\Agustin\Encinotank.mxd

PROJECT LOCATION

SUNNYSIDE BLVD

LLAGAS RD

LA VISTA CT

LITTLE LLAGAS CREEK
R.R

CASINO REAL

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16 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
RECEIVE REPORT REGARDING UPCOMING 2025 COMMISSION

VACANCIES PER MADDY ACT

RECOMMENDATION(S)
Receive report.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving our Community History
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Community Engagement
REPORT NARRATIVE:

Government Code Section 54972 (Maddy Act) requires that before December 31st of each year, the City Council cause to be prepared a list of appointments to all ongoing boards, commissions, and committees that the City Council appoints. The list includes which terms will expire during the next calendar year, including the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. Chapter 2.22.010 - Master Provisions for Boards and Commissions of the Municipal Code established the following commissions:

Planning Commission (PC); Parks and Recreation Commission (PRC); and the Library, Culture, and Arts Commission (LCAC).

Chapter 2.22.010, Section B, states that: “Unless otherwise set forth, all members of boards, commissions, and committees shall be residents of the city and shall continue to be residents of the city during their terms of office. Notwithstanding the foregoing, individuals who reside within the Morgan Hill Unified School District boundary and who do not otherwise reside in any city other than Morgan Hill may be appointed to boards, commissions, and committees provided that no more than thirty percent of the members of any board, commission or committee shall be non-Morgan Hill residents.” The attached “Local Appointment List " highlights the Planning Commissioners whose

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16 terms expire in 2025. The PC will have three (3) members whose terms expire on June 1, 2025. No terms for the Library, Culture, and Arts, or Parks and Recreation Commissions will expire in the 2025 calendar year.

COMMUNITY ENGAGEMENT:

This report serves to inform the public of the upcoming board, commission, and committee vacancies.

ALTERNATIVE ACTIONS:

Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Per Resolution No. 7082, adopted by the City Council on December 17, 2014, this report is being presented as an informational item. The City Clerk’s Office will post the “Local Appointment List” in accordance with Government Code Section 54972.

FISCAL AND RESOURCE IMPACT:

The time necessary to prepare this report is accommodated in the Administrative Services Budget.

CEQA (California Environmental Quality Act):

Not a Project. This is an administrative activity that will not result in direct or indirect physical changes in the environment.

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Chapter 2.22 MASTER PROVISIONS FOR BOARDS AND COMMISSIONS* Sections:

2.22.010 Establishment of boards and commissions.

2.22.030 Clerk and secretary.

2.22.040 Rules of procedure.

2.22.050 Rules of attendance.

2.22.060 Meetings.

2.22.070 Compensation.

2.22.080 Effect.
* Prior ordinance history: Ords. 811 N.S., 890 N.S., 891 N.S., 1607 N.S. and 1719 N.S.

2.22.010 Establishment of boards and commissions.

A. There are established within the city the following boards and commissions:

1. Planning commission;

2. Parks and recreation commission;

3. Library, culture and arts commission; and

4. Disaster council.

B. Unless otherwise set forth, all members of boards, commissions and committees shall be residents of the city and shall continue to be residents of the city during their terms of office.

Notwithstanding the foregoing, individuals who reside within the Morgan Hill Unified School District boundary and who do not otherwise reside in any city other than Morgan Hill may be appointed to boards, commissions and committees provided that no more than thirty percent of the members of any board, commission or committee shall be non-Morgan Hill residents.

C. Members shall be appointed by the mayor subject to approval of a majority vote of the city council and may be removed without cause by vote of any three members of the city council.

D. The appointment terms of members may be extended, at the discretion of the city council, until such time as a successor member may be appointed and take office.

E. Vacancies in the commission occurring other than by expiration of term shall be filled for the unexpired term in the same manner as original appointments.

F. The members of the commission shall organize the commission and shall elect from its members a chair and vice-chair and such other officers as may be necessary in accordance with adopted city council policy.
(Ord. 1778 N.S. § 2 (part), 2006)
(Ord. No 1930 N.S., § 2, 4-22-2009; Ord. No. 1935 N.S., § 1, 6-3-2009)

2.22.030 Clerk and secretary.

The city clerk or designate shall also act as clerk for each of the boards and commissions and shall have authority to sign any official notices and also to certify any resolution of the commissions or boards. The city council may appoint a person not a member of the commission or board to act as secretary of the commission or board. The secretary shall keep a record of all proceedings of said board or commission, its resolutions, its findings and actions, which records shall be a public record and kept with the city clerk in the City Hall building.
(Ord. 1778 N.S. § 2 (part), 2006)

2.22.040 Rules of procedure.

A. The chair shall preside at all meetings of the board or commission. The vice chair shall assume the duties of the chair in the absence of or in case of inability of the chair.

B. A majority of the members of the commission or board shall constitute a quorum for the transaction of business.

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C. Unless otherwise specified herein, each board or commission may adopt its own rules and regulations for the transaction of its business. Such rules shall be subject to approval of the city council before becoming effective.
(Ord. 1778 N.S. § 2 (part), 2006)

2.22.050 Rules of attendance.

If any member is absent from three of any six consecutive regular board or commission meetings, unless such absence is with the permission of the chair, or vice chair in absence of the chair, expressed in the official minutes, the member's seat shall be deemed vacated. The city manager shall so notify the city council and the council shall take action to fill the seat within a reasonable period of time.
(Ord. 1778 N.S. § 2 (part), 2006)

2.22.060 Meetings.

Unless otherwise specified, the commission shall hold regular meetings once every two months at a designated time and place which shall be fixed and determined by the commission and entered upon in its minutes. Special meetings of the commission may be called at any time by the chair or by a majority of the members of the board upon notice being given to all members of the board and to all news media at least twenty-four hours in advance of the meetings, as required by the laws of the state of California. (Ord. 1778 N.S. § 2 (part), 2006)
(Ord. No. 1930 N.S., § 3, 4-22-2009)

2.22.070 Compensation.

Members of the boards and commissions shall serve without compensation but may receive reimbursement for actual and necessary expenditures made or incurred in the performance of their prescribed duties in accordance with state law and the Municipal Code and policies of the city of Morgan Hill.
(Ord. 1778 N.S. § 2 (part), 2006)

2.22.080 Effect.

Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the city council or city officers as defined by the laws of the state of California or by this Municipal Code. Except as otherwise set forth in Chapter 2.36, the city council declares that the public interest and convenience require the appointment of the boards and commissions established pursuant to Section 2.22.010 to act purely in an advisory capacity to the city council. (Ord. 1778 N.S. § 2 (part), 2006)

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17555 PEAK AVENUE MORGAN HILL CALIFORNIA 95037
[email protected]
POSTED ON November 21, 2024 PER MADDY ACT

LOCAL APPOINTMENTS LIST
Unless otherwise set forth, all members of boards, commissions and committees shall be residents of the city and shall continue to be residents of the city during their terms of office. Notwithstanding the foregoing, individuals who reside within the Morgan Hill Unified School District boundary and who do not otherwise reside in any city other than Morgan Hill may be appointed to boards, commissions and committees provided that no more than thirty percent of the members of any board, commission or committee shall be non-Morgan Hill residents.

LIBRARY, CULTURE & ARTS COMMISSION (Four Year Term)
Meets monthly to serve as a liaison with the County Library, advise the City Council and City staff on culture and art related projects and programming, and support efforts to initiate art and cultural events in the community.

Date Appointed Name Term Expires
April 24, 2024 Robyn Carillo April 1, 2028
April 24, 2024 Tanaya Rose April 1, 2028
July 22, 2020 Patrice Lyn April 1, 2026
March 20, 2019 Suman Ganapathy April 1, 2028
September 4, 2024 Mark Fiorenza April 1, 2026
May 4, 2022 Cindy Blanton April 1, 2026
April 21, 2021 Amanda Santiago April 1, 2028
PARKS & RECREATION COMMISSION (Four Year Term)
Meets monthly to make recommendations regarding the planning and development of parks, cultural facilities and recreation programs.

Date Appointed Name Term Expires
May 4, 2022 Harpreet Vittal April 1, 2026
February 15, 2023 Julie Lucido April 1, 2026
May 4, 202 Shweta Maniar April 1, 2026
April 24, 2024 Poonam Chabra April 1, 2028
April 24, 2024 Saied Zargar April 1, 2028
May 4, 1998 Craig C. van Keulen April 1, 2026
July 22, 2020 John Moniz April 1, 2028
PLANNING COMMISSION (Four Year Term)
Meets twice monthly to advise on matters related to City growth and development.

Date Appointed Name Term Expires
July 15, 2015 Liam Downey June 1, 2027
May 3, 2017 Mohammad Habib June 1, 2025
August 3, 2022 James Wilson June 1, 2025
April 17, 2019 Malisha Kumar June 1, 2025
January 28, 1989 Joseph Mueller June 1, 2027
March 2, 2022 Paul Lake June 1, 2027
April 25, 2007 Wayne Tanda June 1, 2027
Note: Yellow Highlighted Commissioners have terms expiring in 2025

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17 CITY COUNCIL STAFF REPORT
MEETING DATE: November 20, 2024
PREPARED BY:

Tiffany Brown, Associate Planner
APPROVED BY: City Manager

CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS AND INTRODUCE ORDINANCE CREATING A
PLANNED DEVELOPMENT AND MASTER PLAN FOR 320 NEW
RESIDENTIAL LOTS OF VARYING SIZES ON A 69.4-ACRE SITE

LOCATED ON THE NORTHWEST QUADRANT OF HILL ROAD AND
BARRETT AVENUE IDENTIFIED BY APN: 817-20-031

RECOMMENDATION(S)

1. Open/close public hearing;

2. Adopt a Resolution certifying the Environmental Impact Report (EIR), approve the Mitigation Monitoring and Reporting Program prepared for the project, and adopt Findings of Fact and Statement of Overriding Considerations;

3. Waive the first and second reading of the Ordinance for a Zoning Amendment to create a Planned Development with Standards and Master Plan; and

4. Introduce an Ordinance for a Zoning Amendment to create a Planned Development with Standards and Master Plan.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Affordable Housing and Homelessness
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

POLICY CONSIDERATIONS:

1. Is the Substantial Public Benefit adequate to support a Zoning Map Amendment for a Planned Development Combining District Overlay with Standards and Master Plan?

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17 2. Does the proposed 100% Inclusionary Housing Ordinance (IHO) in-lieu payment advance the Council's priorities to increase affordability in this area? Site Location and Information:

Location - Northeast quadrant of Hill Road and Barrett Avenue (APN: 817-20-031) Site Area - 69.4-acres
General Plan - Residential Detached Medium, up to 7 dwelling units per acre Zoning - Residential Detached Medium (RDM, 7,000 with Residential Planned Development)
Background:

In September 2020, the Planning Commission reviewed a Preliminary Application for a Planned Development (PD) that originally included a General Plan Amendment for

2.29-acres to increase the density from Residential Detached Medium to Residential Attached Medium, with the remaining area to include single family detached units, clusters of duets, courtyard homes, and multifamily attached units on varied lot sizes.

The Planning Commission reviewed the proposal and provided feedback. The developer amended the project scope by removing the General Plan Amendment request and modified the project design in response to that feedback.

Between 2020 and 2024, different aspects of the project were refined a number of times. The Planning Commission held a public hearing and reviewed the updated project on September 24, 2024. The Commission recommended Certification of the Final Environmental Impact Report (EIR) with Statement of Overriding Considerations (further explained under the CEQA portion of this report) and the Mitigation Monitoring Report Program (MMRP), and recommended approval of the Zoning Amendment for a Planned Development with Standards and Master Plan.

Project Request:

The proposed project is a request for a Planned Development (PD) and Master Plan (Plan) to allow for alternative lot sizes and development standards. The proposal includes 320 new residential lots (4.6 residential units per acre) with a variety of unit types and lot sizes that include one and two-story single family detached homes, courtyard homes, and multifamily homes. The new units will surround the centrally

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17 located 3,377 square foot clubhouse with a pool that is connected to one of the proposed neighborhood parks. The plan includes dedication of 1.76 acres of land to Jackson Park, four acres of usable common area/neighborhood park open space disbursed through three separate parks, and a Class 1 public trail/pathway connecting from Jackson Park to Hill Road that includes a pedestrian bridge over Tennant Creek.

The project proposes off-site improvements to Jackson Park, Hill Road, and Barrett Avenue. The site will be accessed off Hill Road and include public internal streets that connect to the adjacent residential neighborhoods. Street and circulation improvements include:
• A roundabout at Hill Road and Barrett Avenue intersection; • Traffic-calming via a traffic circle at the new Barrett entrance to the proposed neighborhood;
• Enhanced circulation by completing Sorrel Way and connecting to Fountain Avenue;
• Introduction of a four-way stop sign or traffic circle at Fountian Oaks Drive and Sorrel Way; and,
• Widening Hill Road to construct a separate westbound left-turn lane onto Fountain Oaks Drive and accommodate new sidewalk
The proposed lot sizes and unit types are distributed as follows:

Lot Size in Square
Feet
Number of Lots
7,000 or more 64
5,000 - 6,999 159
3,000 - 3,800 63
1,800 34

Total
320
Unit Type Number of Units
Single-Family
Detached
223
Courtyard House 42
Cottage (Age
Restricted)
21 Duet (Age Restricted) 34

Total
320
Project Consistency with Guiding Documents:

The project was reviewed for consistency with the General Plan, Zoning Ordinance Findings for a Planned Development, and Inclusionary Housing Ordinance (IHO).

Below is a summary of consistency with each guiding document.

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17 General Plan
The General Plan land use designation allows a density of up to 7 dwelling units per acre and detached homes on smaller lots, including courtyard homes, manufactured homes, and small-lot single-family homes. Up to 25% of the total number of units can be duets. Accessory dwelling units are allowed by right but do not count towards the density calculation. The project is providing a density of 4.6 dwelling units per acre on a variety of lot sizes with duets comprising 11% of the proposed units. The Planning Commission Staff Report and Ordinance for the Planned Development provides further detail regarding consistency with General Plan policies.

Zoning Ordinance
The purpose of the PD is to allow for high quality development that deviates from standards and regulations applicable to base zoning districts in Morgan Hill. The PD is intended to promote creativity in building design, flexibility in permitted land uses, and innovation in development concepts. The PD provides landowners with enhanced flexibility to take advantage of unique site characteristics and develop projects that will provide public benefits for residents, employees, and visitors. In exchange for this type of flexibility, the project is required to provide Substantial Public Benefits to the Community over and above what is required by the Zoning Ordinance. The findings for a PD were made and recommended by the Planning Commission at the September 24, 2024 hearing and are outlined within the attached Planned Development Ordinance.

Substantial Public BenefitSubstantial public benefit is defined as a project feature not otherwise required by the zoning code or any other provision of local, state, or federal law that substantially exceeds the city's minimum development standards and significantly advances the goals of the general plan. A project must include one or more substantial public benefits to be rezoned as a planned development. The public benefit provided shall be of sufficient value as determined by City Council to justify deviation from the standards of the zoning district that currently apply to the property.

The following two items qualify for a substantial public benefit and are written as a requirement within this PD:

1. 2.91 acres of parkland: New residential development is required to provide usable private and common open space with a minimum type of on-site recreational amenities. While the private open space per lot and the on-site recreational amenities are reviewed for conformance prior to Design Permit approval, the required common open space is confirmed with the adoption of the PD. The Plan proposes approximately 4 acres of parkland dispersed through three parks. The total amount of common open space required for the development is 47,585 square feet or 1.09-acres. The common open space provided exceeds the minimum by 2.91 acres. Because the proposed open space exceeds the minimum required, it qualifies as a substantial public benefit.

2. Hill Road and Barrett Avenue Improvements: The proposed project will require a new traffic signal at Hill Road and Barrett Avenue per the Transportation Impact

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17 Analysis completed for General Plan consistency review. As a Substantial Public Benefit, the project is required to construct and pay for a new roundabout in lieu of a traffic signal, which would enhance the intersection's projected 2023 cumulative Level of Service (LOS) from an unacceptable LOS D (without a traffic signal) to an acceptable LOS A. If the project is unable to construct the roundabout, the project will be required to submit the delta between the signal and the roundabout to the City.

Inclusionary Housing Ordinance (IHO)
The Housing Element of the General Plan implements the established policy of the State of California that each community should foster an adequate supply of housing for persons at all economic levels. The IHO Ordiance was promulgated to promote and protect public health, safety, and general welfare while preserving and enhancing economic diversity and inclusiveness within the City. The purpose of the IHO is to further the City's efforts to require housing available for extremely low-income, very low-income, and moderate-income households by requiring builders of new market rate housing to include affordable housing units within their project or pay an in-lieu fee.

For a 320 unit development, the IHO requires 15% of the units to be affordable, which is a total of 48 units, and those units need to be proportionally distributed throughout each product type. That summary is as follows:

Unit Type # of Units per Type BMR Requirement (15%)
Courtyard Home 42 6
Senior Cottages 21 3
Senior Single Family Attached 34 5
Single Family Detached 223 34

Total
320 48
The IHO includes an in-lieu fee option by calculating the total valued project obligation, which is calculated by the total livable square footage proposed in the project by the Construction Cost Index (CCI) annual increase in inflation, reported in the Engineering News Record City cost Index (2024 Fee: $23.04). The total valued project obligation calculated for this project is $17,290,391 - the fee will increase annually. The IHO allows the developer to build half of the units and fee-out the remaining. The IHO also allows the developer to fee out completely with the approval of City Council. The project was unable to meet the goals of the IHO which require the distribution of affordable units equitably across all unit types and therefore, is requesting to pay the in-lieu fee for 100% of the IHO obligation.

The State of California requires cities to adopt programs that "affirmatively further fair housing" in "racially concentrated areas of affluence" or RCAAs. While this project is within an RCAA area of the City, the project as designed provides for a mixture of unit types, sizes, and age-restricted units which are more affordable by design. Given that the project was unable to integrate the affordable units in a manner that meets the

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17 goals of the IHO, staff recommends the 100% in-lieu payment that will allow the City to pursue projects that advance lower income units. The allowance for payment in-lieu is built into the PD Standards as proposed.

Planning Commission Review:

During the September 24, 2024 Public Hearing, the Planning Commission discussed a number of topics related to the project description, the IHO, project impacts and whether there was a need for increased public benefits. There were questions raised about impacts on surrounding schools, pedestrian access, road improvements and general traffic concerns. A significant amount of discussion focused on the VMT impacts.

The Commission understood that VMT could not be further mitigated in that additional mitigation would not change the outcome of the impact calculation for VMT. However, the Commission requested staff look into additional mitigation measures for VMT that could possibly be added to the PD Standards. Staff reviewed all additional possibilities from the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (caleemod.com), California Green Building Standards Code, and Morgan Hill Municipal Code. The project will also provide the following:

T-14. Provide Electric Vehicle Charging Infrastructure: the City Municipal Code requires new construction of units with private dedicated garages to have one parking space and provide a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready Space.

T-18. Provide Pedestrian Network Improvements and T-19. Expand Bikeway Network:

The project includes a public trail that will accommodate cyclists and pedestrians, in addition to the requirement for improvements along Hill Road that include widening the road with sidewalks consistent with City Complete Streets requirements.

Since the completion of the EIR and Planning Commission hearings, the City Council has adopted a new VMT policy for the City. This project is not affected by the new policy. The project's VMT measurement would need to be reduced by almost 26% in order to comply with the new policy. There are no potential mitigations that would bring the project to the City base VMT measurement of 24.64. VMT remains a significant unmitigable impact.

COMMUNITY ENGAGEMENT:

Inform:

Preliminary Application: A project webpage was created on the Morgan Hill website after receipt of the application. The preliminary application (SR2020-0006) was publicly noticed (mailed to property owners within 600-feet of the project site and newspaper legal notice) for the minimum 10-day period and two public notice signs were posted at the property location pursuant to the Planning Division requirement for the September

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17 8, 2020, Planning Commission meeting.

Environmental Review: A Notice of Preparation (NOP) for an Environmental Impact Report (EIR) was publicly noticed in the newspaper, mailed to adjacent property owners, and posted on the project webpage. The NOP was circulated on June 25, 2021 for a 30-day public comment period. A public scoping meeting was publicly noticed in the newspaper, mailed to adjacent property owners, and posted on the project webpage. The scoping meeting was held via Zoom on July 13, 2021. Staff and the CEQA consultants provided a brief presentation summarizing the project proposal, explained the environmental review process, and received public feedback on the existing environmental setting and potential project related environmental impacts. The Draft EIR was publicly noticed in the newspaper, mailed to adjacent property owners, and posted on the project webpage. Hard copies were also available for public viewing at City Hall, Morgan Hill Library, and Community Cultural Center. The Draft EIR was circulated for 60 days between November 3, 2023 and January 3, 2024. A publicly noticed community Open House was held on Monday, December 4, 2023, to provide an opportunity for the public to discuss the project and submit verbal comments on the Draft EIR. Final EIR was posted on the project webpage on August 27, 2024 and emailed to commenters on September 19, 2024.

Planned Development Application: The project was sent through the City's 411 e-blast.

The proposed project was publicly noticed, including a mailing to property owners within 600 feet of the project site, and within the newspaper for the minimum 10-day period. The project webpage was updated, and the project site sign was posted pursuant to the Planning Division requirements.

For the Planning Commission Hearing on September 24, 2024, the project was sent through the City's 411 e-blast. The proposed project was publicly noticed, including a mailing to property owners within 600 feet of the project site, and within the newspaper for the minimum 10-day period. The project webpage was updated, and a project site sign was posted pursuant to the Planning Division requirements.

ALTERNATIVE ACTIONS:

Deny the Resolution certifying the Environmental Impact Report and deny the Ordinance to approve the Planned Development.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• Preliminary Application heard at the September 8, 2020 Planning Commission Hearing for feedback on the General Plan Amendment and Planned Development Proposal.
• Planned Development with Environmental Impact Report heard at the September 24, 2024 Planning Commission Hearing where the Planning Commission recommended approval of the EIR with Overriding Considerations by 4-ayes, 2-noes, 0-abstain,1- absent and recommended approval of the Zoning Amendment for the Planned Development and associated Master Plan

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17 by 6-ayes, 0-noes, 0-abstain, 1-absent.

FISCAL AND RESOURCE IMPACT:

City development review functions are cost-recovery, with fees collected from applicants to cover the cost of services. These fees have been collected.

CEQA (California Environmental Quality Act):

An Environmental Impact Report (EIR) was prepared for this project in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. An EIR is an informational document that evaluates potential environmental impacts of a proposed project, as well as identifies mitigation measures and alternatives to the proposed project. As the Lead Agency for this project, the City of Morgan Hill is required to consider the information in the EIR along with any other available information in deciding whether to approve the project.

On June 25, 2021, a Notice of Preparation (NOP) was circulated for a 30-day public comment period and a scoping hearing was held on July 13, 2021 to receive feedback from the community on the existing setting. The Draft EIR, along with appendices, was made available for public review for a 60-day comment period between November 3, 2023 and January 3, 2024. A publicly noticed community Open House was held on Monday, December 4, 2023 to provide an opportunity for the public to discuss the project and submit verbal comments on the Draft EIR.

Responses to the Notice of Preparation for the Draft EIR and comments received during circulation of the Draft EIR are summarized and responses to those comments/letters are within the Final EIR which was posted on the Project webpage on the City's website on August 27, 2024.

CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency. For those significant effects that cannot be mitigated to a lessthan-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. Section 15093 of the CEQA Guidelines state: “If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable.”
The EIR identified impacts that can be reduced to a less than significant level with the implementation of mitigation. Each potential impact that has been reduced to a less than significant level is summarized in the Mitigation Monitoring and Report Program (MMRP) that is attached to this staff report. Significant environmental effects identified

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17 in the EIR related to agricultural resources (impacts related to conversion of Important Farmland) and transportation (impacts related to vehicle miles traveled (VMT)) have been identified in the Final EIR to be significant and unavoidable and are listed below:

Agricultural Impact AG-1: Conversion of approximately 44 acres of Prime Farmland and approximately five acres of Farmland of Statewide Importance would constitute a significant impact to agricultural resources. (Significant and Unavoidable Impact) Mitigation Measure MM AG-1.1: A minimum of one acre of agricultural land (1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a nonagricultural use. The required acreage of area to be protected through an agricultural conservation easement or agricultural preservation in-lieu fee will depend on the measurement of the affected area. The area of land designated as Prime Farmland and Farmland of Statewide Importance shall be used for calculating the required mitigation.

Mitigation Measure MM AG-1.2:

Conversion of agricultural land shall require offsetting acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee, to support agricultural preservation activities. Developer acquisition/dedication of easements shall require the project to pay an agricultural lands preservation program stewardship fee to cover administrative costs and ongoing management and monitoring of the easements.

Agricultural mitigation fees shall be required prior to the acceptance of a final map, or prior to issuance of building or grading permits. Easement dedication is required prior to issuance of building permits.

Finding: Based on the Farmland Mapping and Monitoring Program of the California Resources Agency Mapping System, the project site consists of approximately 44 acres of Prime Farmland and 5 acres of Statewide Importance Farmland. The project proposes to develop the site with residential uses. Conversion of the Prime Farmland would constitute a significant impact to agricultural resources. Consistent with the City’s Agricultural Preservation Program and Agricultural Mitigation Ordinance, mitigation measures MM AG-1.1 and MM AG-1.2 require a minimum of one acre of agricultural land (1:1 mitigation ratio) to be preserved for each acre of agricultural land changed to a non-agricultural use and acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee. The project applicant will implement mitigation measures MM AG-1.1 and MM AG-1.2, however, the impact would not be reduced to a less than significant level because, while the project would preserve existing agricultural lands, it would not create any new agricultural lands to offset the loss of Prime and Statewide Importance farmland. There are no other feasible mitigation measures which could be implemented to reduce the loss of agricultural lands to a less than significant level, as CEQA case law affirms the principle that the loss of prime farmland is irreversible, and protection of other existing farmland does not fully offset the lost farmland, but rather prevents further loss. Therefore, the impact would remain significant and unavoidable.

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17 Impacts related to agricultural resources have been mitigated to the extent feasible.

The City of Morgan Hill finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in Section I, Statement of Overriding Considerations.

For a detailed description of impacts and mitigation measures, see the appropriate text within the Draft and Final EIR.

Transportation Impact TRN-1 and Impact TRN-C: The project would generate 33.25 vehicle miles traveled (VMT) daily per capita, exceeding the threshold of 20.94 VMT per capita (Significant and Unavoidable Impact).

Mitigation Measure TRN-1.1:

The project applicant shall develop and implement a Transportation Demand Management (TDM) plan which targets a reduction in residential vehicle trips to and from the site. The TDM plan shall be prepared by a qualified traffic consultant and in coordination with the City of Morgan Hill Development Services Director or Designee.

The TDM plan shall quantify the reduction in VMT. The TDM plan shall require the following measures:
• Prior to project occupancy, the project applicant shall make a financial contribution to the City’s on-site demand rideshare service (MoGo), as a one-time or annual financial contribution based on City’s approval. Should MoGo no longer be available, the funding amount will go into a fund for the reduction of VMT impacts. • The project shall improve the surrounding pedestrian network by including sidewalks, which terminate at the common property line, allowing for connections to the adjacent property in the event there is future development.

Finding:

The project would result in VMT per capita of 33.25, while citywide VMT per capita is

24.64, and the OPR threshold relied upon in the EIR was 20.94 VMT per capita. Using OPR’s impact thresholds, the project would need to implement VMT reduction measures to achieve a 24 percent reduction (27.41 to 20.94) in its VMT per capita for the proposed residential uses to reduce its impact to less than significant level.

Mitigation measure TRN-1.1 requires the project applicant to make a financial contribution to the City’s on-site demand rideshare service, as a one-time or annual financial contribution based on City approval. VMT tool does not include a feature which calculates VMT reduction from the project applicant’s contribution to the City’s on-site demand rideshare service. The project design features would encourage the use of pedestrian and bicycle facilities, but not to a degree which would have any measurable effect on project VMT. Therefore, the project VMT would continue to be above the 20.94 VMT per capita threshold. There are no other feasible mitigation measures which could be implemented to reduce the transportation impacts. Measures such as carshare programs and transit service expansion programs would not be feasible given the costs to maintain such programs. As mentioned above, even with the implementation of these measures, the project VMT would be above the VMT per capita threshold. Therefore, the impact would remain significant and unavoidable.

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17 Impacts related to transportation have been mitigated to the extent feasible. The City of Morgan Hill finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations.

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RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL CERTIFYING THE FINAL

ENVIRONMENTAL IMPACT REPORT FOR THE NEW
HORIZONS (HILL – MORGAN HILL DEVCO) PROJECT

AS CONSISTENT WITH THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT AND

ADOPT A STATEMENT OF OVERRIDING

CONSIDERATIONS REGARDING ENVIRONMENTAL

IMPACTS AND A RELATED MITIGATION

MONITORING AND REPORTING PROGRAM
WHEREAS, an Environmental Impact Report (EIR) (SCH Number 2021060587) was prepared for the New Horizons (Hill – Morgan Hill Devco) Project in accordance with the California Environmental Quality Act (CEQA). A Notice of Preparation (NOP) was circulated between June 25, 2021 and July 25, 2021 and a scoping meeting was held on July 13, 2021 to receive comments regarding the scope and content of the EIR. The Draft EIR was circulated between November 3, 2023 and January 3, 2024 and a Community Open House held on December 4, 2023 to provide opportunity for the public to submit verbal comments and written comments on the EIR; and
WHEREAS, the City of Morgan Hill received comments on the Draft EIR by individuals / organizations. Responses to those comments and minor changes to the Draft EIR were included in a Final EIR document in accordance with the requirements of CEQA; and WHEREAS, the information contained in the Final EIR, consisting of the Draft EIR document in combination with the Final EIR document, was reviewed and considered by the Planning Commission at a duly-noticed Planning Commission public hearing held on September 24,2024; and the Planning Commission took action to recommend to the City Council that the Final EIR be certified as being found complete, correct, and in substantial compliance with the requirements of the California Environmental Quality Act; and WHEREAS, the Environmental Impact Report concluded that implementation of the Project could result in two significant and unavoidable impacts on the environment and identified mitigation measures that would reduce some but not all of those significant impacts to a less-than significant level; and
WHEREAS, in connection with the approval of a project involving the preparation of an Environmental Impact Report that identifies one or more significant and unavoidable environmental impacts, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce significant and unavoidable environmental impact(s) to a less-than-significant level and/or adopt a Findings of Fact and Statement of Overriding Considerations; and

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WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant and unavoidable impact(s) on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of Morgan Hill as lead agency for the Project (the "Mitigation Monitoring and Reporting Program"); and
WHEREAS, the City of Morgan Hill is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to construct and otherwise undertake the Project; and
WHEREAS, the Environmental Impact Report and the related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project are, by this reference, incorporated into this Resolution as if fully set forth herein; and WHEREAS, the Environmental Impact Report, incorporating any Addenda, and related Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project are on file in the Development Services Department located at 17575 Peak Avenue, Morgan Hill, California, 95037, and are available for inspection by any interested person at that location.

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

SECTION 1: FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS BY THE CITY COUNCIL OF THE CITY OF

MORGAN HILL REGARDING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE NEW HORIZONS (HILL – MORGAN HILL
DEVCO) PROJECT: The City Council finds, determines, and declares the findings and facts and statement of overriding considerations as set forth in the attached Exhibit "A" by and Exhibit “B” Mitigation Monitoring Report Program this reference incorporated herein.

SECTION 2: CERTIFICATION OF FINAL EIR: The City Council hereby certifies that the Final EIR has been completed in compliance with CEQA.

PASSED AND ADOPTED by the City council of the City of Morgan Hill at its meeting held on this 20th day of November, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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APPROVED: ATTEST:
_____________________________ ________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

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EXHIBIT "A"

FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS BY

THE CITY COUNCIL OF THE CITY OF MORGAN HILL REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE NEW HORIZONS (HILL – MORGAN HILL DEVCO) PROJECT (State Clearinghouse No. 2021060587) The following Findings, the mitigation measures specified herein, and the Mitigation Monitoring and Reporting Program attached hereto are hereby adopted by the Morgan Hill City Council in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21081, 21081.5 and 21081.6, and the CEQA Guidelines, Title 14, California Code of Regulations, Sections 15091 and 15092 for the Crosswinds Residential (project).

Section 15091 of the CEQA Guidelines states that:
a. No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency.

For those significant effects that cannot be mitigated to a less-than-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. The CEQA Guidelines state in section 15093 that:

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“If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable.”
A. ENVIRONMENTAL REVIEW PROCESS
The Environmental Impact Report (EIR) prepared by the City of Morgan Hill (City) in consultation with David J. Powers & Associates for the New Horizons (Hill – Morgan Hill Devco) Project (project) consists of the Draft EIR (Draft EIR) and the Final EIR / Response to Comments on the Draft EIR.

On June 25, 2021, the City of Morgan Hill circulated a Notice of Preparation (NOP) for a 30- day comment period to request input on the types of impacts that could result from the proposed project. The Draft EIR was made available for public review for a 60-day comment period that began on November 3, 2023 and ended on January 3, 2024. The Notice of Availability of a Draft EIR was posted with the Santa Clara County Clerk, sent to the State Clearinghouse, published on the City’s website, and mailed to responsible agencies. The City of Morgan Hill received verbal and written comments during the public comment period.

The City released the Final EIR for public review on August 27, 2024. The Final EIR consists of copies of all comments received on the Draft EIR, a list of commenters, all responses to comments, and Draft EIR text revisions. The Final EIR, Draft EIR, and Mitigation Monitoring and Reporting Program (MMRP) together comprise the EIR for the project. The analysis and conclusions contained in the EIR reflect the independent judgment of the City.

B. PROJECT DESCRIPTION
Section 3 of the Draft EIR includes a detailed description of the project. Other than minor clarifications, no revisions to the project description were required.

The approximately 69.4-acre project site is located at the northeast quadrant of Barrett Avenue and Hill Road in the City of Morgan Hill (Assessor’s Parcel Number [APN] 817-20-031). The project site is largely undeveloped, and the ground is predominantly fallowed. There are four vacant structures, formerly used for agricultural purposes, totaling approximately 25,000 square feet on the southeastern portion of the site, surrounded by trees. PG&E has easements for two existing gas lines on the eastern portion of the project site. There is an existing retention basin on the southwestern portion of the site. Tennant Creek bisects the project site from the northwest boundary to southwest boundary. The project site is bounded by Barrett Avenue, agricultural land, and rural residences to the south; Hill Road, warehouse/storage structures, industrial structures, and rural residences to the west; and single-family residences to the north and east.

Sorrel Way is located northeast of the site. Jackson Park and Jackson Elementary School are located northernly adjacent to the project site.

The proposed project would remove the existing structures and develop the project site with a

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total of 320 residential units. The project proposes to subdivide the project site into 320 lots.

The new lots would facilitate the development of 223 one- to two-story single-family detached houses, 42 courtyard houses, 21 senior (i.e., age-restricted) cottages, 34 senior duet units. Out of the 223 single family homes, 23 of them include an accessory dwelling unit (ADU), and all 21 senior cottage units include an ADU. The maximum height of the residences would be 26 feet above the ground surface and would vary between one to two stories. Singlefamily detached houses would be located throughout the entire site. The age-restricted cottages and duets would be centrally located on the site. The project would include approximately six acres of private open space and four acres of public open space. The project also proposes off-site improvements to Jackson Park, Jackson Elementary School, Hill Road, and Barrett Avenue
The project as proposed results in two significant and unavoidable impacts on agricultural resources and transportation.

The EIR evaluates four project alternatives that are further discussed in section “F.

Alternatives” of this Resolution.

C. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS AND DISPOSITION OF

RELATED MITIGATION MEASURES
The following findings are hereby made by the City of Morgan Hill City Council for the significant environmental effects identified in the EIR related to agriculture resources (impacts related to conversion of Important Farmland) and transportation (impacts related to vehicle miles traveled [VMT]). The Final EIR identified the following impacts associated with the project that would be significant and unavoidable:

1. Agricultural Impact AG-1: Conversion of approximately 44 acres of Prime Farmland and approximately five acres of Farmland of Statewide Importance would constitute a significant impact to agricultural resources. (Significant and Unavoidable Impact) Mitigation Measure MM AG-1.1: A minimum of one acre of agricultural land (1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a nonagricultural use. The required acreage of area to be protected through an agricultural conservation easement or agricultural preservation in-lieu fee will depend on the measurement of affected area. The area of land designated as Prime Farmland and Farmland of Statewide Importance shall be used for calculating the required mitigation.

Mitigation Measure MM AG-1.2: Conversion of agricultural land shall require offsetting acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee, to support agricultural preservation activities. Developer acquisition/dedication of easements shall require the project to pay an agricultural lands preservation program stewardship fee to cover administrative costs and ongoing management and monitoring of the easements. Agricultural mitigation fees shall be required prior to the acceptance of a

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final map, or prior to issuance of building or grading permits. Easement dedication is required prior to issuance of building permits.

Finding: Based on the Farmland Mapping and Monitoring Program of the California Resources Agency Mapping System, the project site consists of approximately 44 acres of Prime Farmland and 5 acres of Statewide Importance Farmland. The project proposes to develop the site with residential uses. Conversion of the Prime Farmland would constitute a significant impact to agricultural resources. Consistent with the City’s Agricultural Preservation Program and Agricultural Mitigation Ordinance, mitigation measures MM AG1.1 and MM AG-1.2 require a minimum of one acre of agricultural land (1:1 mitigation ratio) to be preserved for each acre of agricultural land changed to a non-agricultural use and acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee. The project applicant will implement mitigation measures MM AG-1.1 and MM AG1.2, however, the impact would not be reduced to a less than significant level because, while the project would preserve existing agricultural lands, it would not create any new agricultural lands to offset the loss of Prime and Statewide Importance farmland. There are no other feasible mitigation measures which could be implemented to reduce the loss of agricultural lands to a less than significant level, as CEQA case law affirms the principle that the loss of prime farmland is irreversible, and protection of other existing farmland does not fully offset the lost farmland, but rather prevents further loss. Therefore, the impact would remain significant and unavoidable.

Impacts related to agricultural resources have been mitigated to the extent feasible. The City of Morgan Hill finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in Section I, Statement of Overriding Considerations.

For a detailed description of impacts and mitigation measures,see the appropriate text within the Draft and Final EIR.

2.Transportation Impact TRN-1 and Impact TRN-C: The project would generate 33.25 vehicle miles traveled (VMT) daily per capita, exceeding the threshold of 20.94 VMT per capita.(Significant and Unavoidable Impact)
Mitigation Measure TRN-1.1: MM TRN-1.1: The project applicant shall develop and implement a Transportation Demand Management (TDM) plan which targets a reduction in residential vehicle trips to and from the site. The TDM plan shall be prepared by a qualified traffic consultant and in coordination with the City of Morgan Hill Development Services Director or Designee. The TDM plan shall quantify the reduction in VMT. The TDM plan shall require the following measures:
• Prior to project occupancy, the project applicant shall make a financial contribution to the City’s on-site demand rideshare service (MoGo), as a one-time or annual financial contribution based on City’s approval. Should Mogo no longer be available, the funding amount will go into a fund for the reduction of VMT impacts.

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• The project shall improve the surrounding pedestrian network by including sidewalks, which terminate at the common property line, allowing for connections to the adjacent property in the event there is future development.

Finding: The project would result in VMT per capita of 33.25, while citywide VMT per capita is 24.64, and the OPR threshold relied upon in the EIR was 20.94 VMT per capita.

Using OPR’s impact thresholds, the project would need to implement VMT reduction measures to achieve a 24 percent reduction (27.41 to 20.94) in its VMT per capita for the proposed residential uses to reduce its impact to less than significant level. Mitigation measure TRN-1.1 requires the project applicant to make a financial contribution to the City’s on-site demand rideshare service, as a one-time or annual financial contribution based on City approval. VMT tool does not include a feature which calculates VMT reduction from the project applicant’s contribution to the City’s on-site demand rideshare service. The project design features would encourage the use of pedestrian and bicycle facilities, but not to a degree which would have any measurable effect on project VMT. Therefore, the project VMT would continue to be above the 20.94 VMT per capita threshold. There are no other feasible mitigation measures which could be implemented to reduce the transportation impacts. Measures such as carshare programs and transit service expansion programs would not be feasible given the costs to maintain such programs. As mentioned above, even with the implementation of these measures, the project VMT would be above the VMT per capita threshold. Therefore, the impact would remain significant and unavoidable.

Impacts related to transportation have been mitigated to the extent feasible. The City of Morgan Hill finds that although this impact would be significant and unavoidable, the impact is acceptable when weighed against the overriding social, economic, and other considerations set forth in Section I, Statement of Overriding Considerations, below.

D. SIGNIFICANT IMPACTS IDENTIFIED IN THE EIR THAT ARE REDUCED TO A LEVEL OF “LESS THAN SIGNIFICANT” BY THE MITIGATION MEASURES

INCORPORATED INTO THE PROJECT
The following findings are hereby made by the City of Morgan Hill City Council for the significant environmental effects identified in the EIR that would be reduced to a less than significant level through incorporation of mitigation measures. The City finds for each of the significant or potentially significant impacts identified in thissection that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR and, thus, that adoption of the mitigation measures set forth below will reduce these significant or potentially significant effects to less than significant levels. Adoption of the mitigation measures will effectively make the mitigation measures part of the project. In addition, compliance with City and other applicable regulations will further reduce project impacts. Therefore, the City finds that based upon substantial evidence in the record, changes or alterations have been required or incorporated into the project which avoid or substantially lessen the significant effects as identified in the EIR.

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The Final EIR identified several impacts associated with the project that would be reduced to a level of less than significant with the implementation of mitigation measures identified in the Final EIR:

1. Air Quality: The project construction would exceed the Bay Area Air Quality Management District (BAAQMD) significance threshold for reactive organic gasses (ROGs).

Additionally, the project would exceed the BAAQMD single-source significance threshold for cancer risks at the maximally exposed individuals (MEI) location during construction.

With the implementation of the mitigation measures MM AIR-1.1 and MM AIR 2.1, these impacts would be reduced to less than significant.

MM AIR1.1: During project construction, the project applicant shall use “super-compliant” low volatile organic compound (i.e., VOC) coatings that have emissions lower than current BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings), for at least 50 percent of all residential interior paints and 50 percent of exterior paints. This includes all architectural coatings applied during both construction and reapplications throughout the project’s operational lifetime. At least 50 percent of coatings applied must meet a “supercompliant" VOC standard of less than 10 grams of VOC per liter of paint. For reapplication of coatings during the project’s operational lifetime, the Declaration of Covenants, Conditions, and Restrictions shall contain a stipulation for low VOC coatings to be used.

Examples of “super-compliant” coatings are contained in the South Coast Air Quality Management District’s website.

MM AIR 2.1: Prior to issuance of any demolition, grading, and/or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Development Services Director that reduces diesel particulate matter emissions by 50 percent such that increased cancer risk and annual PM2.5 concentrations would be reduced below TAC significance levels. The plan shall include the following:

EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to CARB verifiable diesel emission control devices that altogether achieve a 50 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment.

Alternatively, or in combination,
• Use of electrical or non-diesel equipment with lower particulate matter emissions that meet the PM reduction requirements above.

2. Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 50 percent or greater. Elements of the plan could include a combination of some of the following measures:
• Implementation of No. 1 above to use 60 percent Tier 4 and 40 percent Tier 3 or

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alternatively fueled equipment,
• Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,
• Use of electrically-powered equipment,
• Forklifts and aerial lifts used for exterior and interior building construction shall be electric or propane/natural gas powered,
• Change in construction build-out plans to lengthen phases, and • Implementation of different building techniques that result in less diesel equipment usage.

Finding: The proposed project will implement mitigation measures AIR-1.1 and AIR -2.1, and reduce the impacts to a less than significant level.

2. Biological Resources Impact: The project could have a substantial adverse effect on nesting bird activity, burrowing owl habitat or individuals, roosting bats, monarch butterfly eggs, larvae, or pupae during construction. Additionally, the project would result in riparian encroachment what would constitute a significant impact. With the implementation of mitigation measures listed below, this impact would be reduced to less than significant.

MM BIO-1.1: To the extent feasible, construction activities shall be scheduled to avoid the nesting season. If construction activities are scheduled to take place outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game Code will be avoided. The nesting season for most birds in Santa Clara County extends from February 1 through August 31, inclusive.

If construction activities and/or tree removal cannot be scheduled to occur between September 1 and January 31, preconstruction surveys for nesting birds shall be conducted by a qualified biologist or ornithologist to ensure that no nests will be disturbed during project implementation. These surveys shall be conducted no more than seven days prior to the initiation of demolition or construction activities including tree removal and pruning.

During this survey, the ornithologist will inspect all trees and other potential nesting habitats (e.g., trees, shrubs, ruderal grasslands, buildings) in and immediately adjacent to the impact areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist will determine the extent of a construction-free buffer zone to be established around the nest (typically 300 feet for raptors and 100 feet for other species), to ensure that no nests of species protected by the MBTA and California Fish and Game Code will be disturbed during project implementation. The written report shall indicate the results of the survey, a map of identified active nests, and any designated buffer zones or other protective measures to be implemented with the project.

MM BIO-2.1: If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist will determine the extent of a disturbance-free buffer zone to be established around the nest (typically 250 feet for raptors and 50-100 feet for other species) that will remain off limits to construction until the nesting season is over, to ensure that no nests of species protected by the Migratory Bird Treaty Act and California Fish and

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Wildlife Code will be disturbed during project implementation. A report indicating the result of the survey and any designated buffer zones shall be submitted to the satisfaction of the City’s Development Services Director or Director’s designee prior to removal of trees and issuance of a grading permit.

MM BIO 3.1: A pre-activity survey for day-roosting bats shall be conducted prior to the onset of demolition of existing buildings or ground-disturbing activities within 100 feet of existing buildings. A qualified biologist will conduct a survey for evidence of bat use within suitable habitat. If evidence of use is observed, but the biologist is unable to determine whether or not the roost is occupied at that time, a dusk acoustic survey may be necessary to determine if bats are present and to identify the specific location of any bat colony. If no active bat day roost is located, no further measures are necessary. The report indicating the result of the survey shall be submitted to the satisfaction of the Development Services Director or Director’s designee prior to initiation of construction activities (demolition or ground-disturbing activities). If an active day roost is located during the maternity season (March 15 to July 31), the biologist will attempt to determine whether the roost is occupied by nonbreeding bats (e.g., a bachelor roost consisting of males) or whether the roots is occupied by females with young. If females with young are present, a disturbance-free buffer zone (determined by a qualified bat biologist) shall be implemented until July 31, or until the young are able to fly independently (whichever occurs first). If a non-maternity roost is present during the maternity season, or during the nonmaternity season, the individuals shall be safely evicted between August 1 and October 15 or between February 15 and March 16 under the supervision of, and following eviction methods developed by, a qualified biologist. Demolition or construction can begin after the bats have been evicted.

MM BIO-4.1: In the San Francisco Bay area, monarch butterflies may begin laying eggs as early as March, and the last generation of the year hatches in September and October.

Therefore, if milkweed plants are impacted from November through February, they are not expected to support eggs, larvae, or pupae, and no measures are necessary for project activities during the period November 1 through the end of February.

Prior to disturbance of any vegetated habitat that could support milkweed during the period March 1 through October 31, surveys shall be performed for the species’ larval host plants.

This survey shall occur within 2 weeks prior to the start of construction. A qualified biologist will survey the project impact areas, as well as surrounding areas within 50 feet (to the extent access allows), to identify any larval host plants. Any detected host plants shall be checked for eggs, larvae, or pupae. If no host plants are detected, or if no monarch eggs, larvae, or pupae are detected on those plants, no further action will be necessary. The report indicating the result of the survey shall be submitted to the satisfaction of the Development Services Director or Director’s designee prior to initiation of construction activities.

If monarch eggs, larvae, or pupae are detected, one of the following measures will be implemented:

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• They will be protected by establishing a buffer zone around individual plants or populations. The buffer zone will be determined by a qualified biologist to avoid direct and indirect impacts (such as dust mobilization onto plants) on the monarchs and the plants on which eggs, larvae, or pupae occur. Project personnel and equipment shall not operate within such areas. All avoided larval host plants shall be clearly marked in the field with fencing or flagging. The buffer zone shall remain in place until monarchs are no longer present on those plants.

If larvae are detected within the survey area and impacts to the plants supporting those individuals cannot be delayed until the emergence of individual butterflies as adults, a qualified biologist may relocate larvae to milkweed plants more than 50 feet outside the impact area, if those milkweeds are not already occupied by monarch eggs or larvae.

Alternatively, raising monarch butterflies in captivity is feasible, and eggs, larvae, or pupae that cannot be avoided could be raised to maturity in captivity and then released into habitat having suitable nectar sources. Only a qualified biologist shall handle or raise monarchs. If the monarch butterfly is listed (e.g., under FESA) prior to implementation of these measures, appropriate approval from the USFWS would be necessary to handle or relocate monarchs, or to raise them in captivity.

MM BIO-5.1: Compensate for new urban development within setback. If a riparian setback exception is granted to the project, the project will introduce 0.18-acre of new urban development encroaching into the riparian setback. To compensate for this degradation of setback functions in the area, the project shall restore native riparian habitat at a 2:1 (restored area to impacted area) ratio, on an acreage basis, within other planned open space areas in the riparian setbacks. Native herbaceous plant species appropriate to the local area such as deergrass and narrow leaf milkweed shall be planted within the creek bottom and slopes. Native trees and shrubs appropriate to the local area such as coast live oak and coyote brush shall be planted and maintained to provide additional wildlife habitat adjacent to Tennant Creek. Coordinate with Valley Water to determine whether any woody vegetation can be planted within the banks of the creek or whether it would need to be installed above the top of bank, in order to ensure flood flows are not impeded by vegetation in the channel.

A qualified restoration ecologist shall develop a riparian setback enhancement and monitoring plan, which will contain the following components:
• Goal of the restoration to achieve no net loss of habitat functions and values; • Restoration design (planting plan, soil amendments and other site preparation elements as appropriate, maintenance plan, and remedial measures/adaptive management); • Monitoring plan (including final and performance criteria, monitoring methods, data analysis, reporting requirements, monitoring schedule, etc). At a minimum, success criteria will include elimination of non-native woody species from within the enhancement area and establishment of native trees and shrubs; and • Contingency plan for mitigation elements that do not meet performance or final success criteria.

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• The plan shall be approved by the City of Morgan Hill and the Santa Clara Valley Habitat Agency prior to initiation of impacts to currently undeveloped habitat within the riparian setback.

Finding: The proposed project will implement mitigation measures BIO-1.1, BIO-2.1, BIO-3.1, BIO-4.1, and BIO-5.1 and reduce the impacts to a less than significant level.

3. Cultural Resources Impact: Gound-disturbing construction activities could result in impacts to archaeological resources without mitigation. With the implementation of mitigation measures MM CUL-1.1 and MM CUL-1.2, this impact would be reduced to less than significant.

MM CUL-2.1: A moderate potential exists for unrecorded historic period archaeological resources to be within the project area. The developer shall enter into written contracts with an archaeologist and the Tamien Nation Tribe, and pay all fees associated with the activities required by this Mitigation Measure. The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply:
(a) Prior to the start of grading or earthmoving activity (includes demolition and moving of heavy equipment on site) on the “first day of construction,” the archaeologist and Tribal Monitor shall hold a pre-construction meeting for the purposes of “cultural sensitivity training” with the general contractor or subcontractors. (b) A Tamien Nation Tribal Monitor shall be present on-site to monitor all grounddisturbing activities and an archaeologist shall be on-call. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below:

1. Work at the location of the find shall halt immediately within fifty feet of the find.

If an archaeologist is not present at the time of the discovery, the applicant shall contact an archaeologist for evaluation of the find to determine whether it qualifies as a unique archaeological resource as defined by this chapter.

2. If the find is determined not to be a Unique Archaeological Resource, construction can continue. The archaeologist shall prepare a brief informal memo/letter in collaboration with a tribal representative that describes and assesses the significance of the resource, including a discussion of the methods used to determine significance for the find.

3. If the find appears significant and to qualify as a unique archaeological resource, the archaeologist shall determine if the resource can be avoided and shall detail avoidance procedures in a formal memo/letter.

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4. If the resource cannot be avoided, the archaeologist in collaboration with a tribal representative shall develop within forty-eight hours an action plan to avoid or minimize impacts. The field crew shall not proceed until the action plan is approved by the Development Services Director or Director’s designee. The action plan shall be in conformance with California Public Resources Code 21083.2. An archaeologist shall be on-call during ground disturbing activities. Where historical or archaeological artifacts are found, work in areas where remains or artifacts are found will be restricted or stopped until proper protocols are met, as described below.
(c) The following policies and procedures for treatment and disposition of inadvertently discovered human remains or archaeological materials shall apply. If human remains are discovered, it is probable they are the remains of Native Americans,

1. If human remains are encountered, they shall be treated with dignity and respect as due to them. Discovery of Native American remains is a very sensitive issue and serious concern. Information about such a discovery shall be held in confidence by all project personnel on a need-to-know basis. The rights of Native Americans to practice ceremonial observances on sites, in labs and around artifacts shall be upheld.

2. Remains should not be held by human hands. Surgical gloves should be worn if remains need to be handled.

3. Surgical mask should also be worn to prevent exposure to pathogens that may be associated with the remains.
(d) In the event that known or suspected Native American remains are encountered, or significant historic or archaeological materials are discovered, ground-disturbing activities shall be immediately stopped. Examples of significant historic or archaeological materials include, but are not limited to, concentrations of historic artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian, arrow points, ground stone mortars and pestles), culturally altered ash stained midden soils associated with pre-contact Native American habitation sites, concentrations of fire-altered rock and/or burned or charred organic materials and historic structure remains such as stone lined building foundations, wells or privy pits. Ground-disturbing project activities may continue in other areas that are outside the exclusion zone as defined below.
(e) An "exclusion zone" where unauthorized equipment and personnel are not permitted shall be established (e.g., taped off) around the discovery area plus a reasonable buffer zone by the contractor foreman or authorized representative, or party who made the discovery and initiated these protocols, or if on-site at the time or discovery, by the monitoring archaeologist and tribal representative (typically twenty-five to fifty feet for single burial or archaeological find).

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(f) The discovery locale shall be secured (e.g., 24-hour surveillance) as directed by the City or County Coroner if considered prudent to avoid further disturbances. (g) The contractor foreman or authorized representative, or party who made the discovery and initiated these protocols shall be responsible for immediately contacting by telephone the parties listed below to report the find and initiate the consultation process for treatment and disposition:
• The City of Morgan Hill Development Services Director (408) 779-7247 • The Contractor’s Point(s) of Contact
• The Coroner of the County of Santa Clara (if human remains found) (408) 793-1900 • The Native American Heritage Commission (NAHC) in Sacramento (916) 653-4082 • The Amah Mutsun Tribal Band (916) 481-5785 (H) or (916) 743-5833 (C) • The Tamien Nation (707)295-4011 (office) and (925)336-5359 (THPO) (h) The Coroner has two working days to examine the remains after being notified of the discovery. If the remains are Native American the Coroner has 24 hours to notify the NAHC.
(i) The NAHC is responsible for identifying and immediately notifying the Most Likely Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will not be designated the MLD.)
(j) Within 24 hours of their notification by the NAHC, the MLD will be granted permission to inspect the discovery site if they so choose.
(k) Within 24 hours of their notification by the NAHC, the MLD may recommend to the City’s Development Services Director or Director’s designee, the recommended means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and non-destructive or destructive analysis of human remains and items associated with Native American burials. Only those osteological analyses or DNA analyses recommended by the appropriate tribe may be considered and carried out.
(l) If the MLD recommendation is rejected by the City of Morgan Hill the parties will attempt to mediate the disagreement with the NAHC. If mediation fails, then the remains and all associated grave offerings shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance.

MM CUL-1.2: The project applicant shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources including prehistoric Native American burials. Any archaeological site information supplied to the Contractor Foreman or authorized representative shall be considered confidential. Information on the project plans shall be verified by the City’s Development Services Director or Director’s designee prior to issuance of a grading permit or any building permit.

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Finding: Implementation of MM CUL-1.1 and MM CUL-1.2 above would ensure that contractors and their employees are alerted to the potential presence of subsurface archaeological resources and trained on how to respond to any potential discoveries, thus ensuring that any unknown subsurface archaeological resources present within the APE would be identified during construction. MM CUL1.1 and MM CUL-1.2 guarantee that any archaeological resources present within the project site are evaluated by a professional archaeologist and treated in accordance with California Public Resources Code Section 15064.5, as required by CEQA. Therefore, the project would not cause a substantial adverse change in the significance of an archaeological resource. (Less than Significant Impact with Mitigation Incorporated)

4. Greenhouse Gas Emissions: The project would exceed the BAAQMD annual emissions bright-line threshold and service population threshold for greenhouse gas (GHG) emissions.

With the implementation of mitigation measure MM GHG 1.1 this impact would be reduced to less than significant.

MM GHG-1.1: Prior to issuance of grading permits on the project, the project applicant shall submit and implement a GHG reduction plan to the Development Services Director or Director’s designee that reduces the project’s operational GHG emissions in 2028 by 841 MT CO2e/year. The GHG reduction plan shall be implemented until the City adopts its GHG reduction plan consistent with the State’s interim 2030 GHG emissions reduction target of 40 percent below 1990 levels. All feasible project design and operational measures shall be implemented prior to the purchase of credits. The GHG reduction plan shall include a combination of the measures listed below to reduce project GHG impacts:
• Implementation of a transportation demand management (TDM) program to reduce mobile GHG emissions;
• Installation of solar power systems or other renewable electric generating systems that provide electricity to power on-site equipment and possibly provide excess electric power; • Provide infrastructure for electric vehicle charging in residential units and parking areas (i.e., provide 220 VAC power);
• Increase water conservation above State average conditions for residential uses by installing low flow water utilities and irrigation; and • Purchase verifiable carbon emission offsets that meet all of the following standards:
- Registry Performance Standards: The registry shall account for and quantify emission reductions using clear and defined standards and incorporating recognized principles of GHG emissions reduction accounting, including those set forth in the ISO 14064 and the WRI/WBCSD Greenhouse Gas Protocol for Project Accounting:
o The registry shall use clear information sufficient for reviewers to assess credibility of GHG emission reductions underlying the carbon offset credits.

Upon request by the City’s Development Services Director or his or her designee, any governmental entity, or any stakeholder,
o The registry shall provide the following information within a reasonable time period in connection with any carbon offset credit retired by the applicant: (i) the applicable quantification protocol; and (ii) all third-party confirmation or

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verification reports issued in connection with the carbon offset credits. Such information shall be sufficient to monitor compliance by the project applicant with this mitigation measure.
o Carbon Offset Credit Performance Standards: The carbon offset credits retired by the applicant for the purpose of mitigating GHG emissions shall represent GHG emission reductions that are real, permanent, additional, quantifiable, verifiable and enforceable. To demonstrate compliance with such requirements, the developer shall provide the following to the City’s Development Services Director or his or her designee: (i) the protocol used to quantify and issue such carbon offset credits, (ii) the third party verification report(s) pursuant to which such carbon offset credits were issued, and (iii) the unique serial numbers of the carbon offset credits to be retired to ensure that the offset cannot be further used in any manner. The Development Services Director or his or her designee shall reject any carbon offset credits that do not comply with these requirements, and where reductions are not direct reductions within a confined project boundary or provide opportunities for reversal of the avoided emissions. The Development Services Director or his or her designee shall reject any credits for a project that includes technology or GHG abatement practices that are already widely used. o Geographic Limitations: The carbon offsets shall be from credit projects developed in the United States. Carbon offset credits resulting from international credit projects shall not be acceptable to satisfy this mitigation measure. o Enforcement: The permits relating to the project shall be conditioned on achievement of GHG mitigation milestones. The purchase and retirement of carbon offset credits required to mitigate the GHG emissions resulting from the operation of the project shall be a condition of the issuance of a certificate of occupancy, temporary or permanent, for the project and as an issuance for continued operation. Should the City determine that the offset credits are noncompliant with the requirements in this mitigation measure, the City may issue a notice of non-consistency and cease permitting activities and/or stop project operations, until the City determines via an issued public notice that the offsets comply with the aforementioned standards.

Finding: Some of the measures involve project features or operational measures that would serve to reduce project emissions. However, it may not be possible to accomplish the required reduction solely through the design and operation of the project, in which case the use of carbon offsets would be required. Carbon offsets, as purchased through a verified registry, are a feasible and appropriate method to reduce a project’s GHG emissions and is recognized by BAAQMD and CARB. Because the project would be required to purchase whatever remaining amount of GHG reduction was required, after exhausting on-site reduction options such as those listed above, the project’s GHG emissions would be reduced to a level below the applicable 2030 target. Therefore, implementation of a GHG reduction plan, as set forth in the mitigation measure above, would reduce the project’s GHG emissions impact to a less than significant level. (Less than Significant Impact with Mitigation Incorporated)

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5. Hazards and Hazardous Materials: Contaminated soils have the potential to release chemicals to the environment that could expose construction workers and nearby land uses.

The project would demolish the existing buildings, which could release asbestos particles and expose construction workers and nearby residents to harmful levels of asbestos.

Additionally, there is an existing well on site. Improper abandonment of wells and septic systems on-site could result in groundwater contamination. With implementation of mitigation measure HAZ-1.1, HAZ 2.1, and HAZ 3.1, these impacts will be reduced to a Less than Significant Impact with Mitigation Incorporated.

MM HAZ-1.1: Prior to issuance of a site grading permit, a corrective action/risk management plan (e.g., remedial action plan, removal action workplan, or Site Management Plan) shall be prepared that reflects the results of the on-site investigations. The corrective action/risk management plan shall describe mitigation measures (e.g., removal of contaminated soil) necessary to protect the health and safety of construction workers, nearby residents, and the environment, and establish appropriate management practices for handling and monitoring of impacted soil that may be encountered during construction activities. The corrective action/risk management plan shall describe protocols for the profiling of soil, if any, planned for off-site disposal. The corrective action/risk management plan should be prepared by an environmental professional and be submitted to an appropriate overseeing regulatory agency (e.g., Water Board, California DTSC, or SCCDEH) for review.

Regulatory agency approval shall be obtained prior to commencing earthwork activities in the vicinity of the identified impacted soil. This measure shall be completed under regulatory agency oversight and meet all applicable federal, state, and local laws, regulations, and requirements. Following completion, a report documenting compliance with the provisions of the corrective action/risk management plan and describing the work completed shall be submitted to and approved by the overseeing regulatory agency.

MM HAZ-2.1: Prior to issuance of a demolition permit for onsite structures, the project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Building Division an asbestos and lead survey. If asbestoscontaining materials or lead containing materials are not discovered during the survey, further mitigation related to asbestos-containing materials or lead-containing materials shall not be required. If asbestos containing materials and/or lead-containing materials are discovered by the survey, the project applicant shall prepare a work plan to demonstrate how the on-site asbestos containing materials and/or lead-containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal-OSHA) Administration regulations and disposed of in accordance with all CalEPA regulations, prior to the demolition and/or removal of the on-site structures. The plan shall include the requirement that work shall be conducted by a Cal-OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the City for review and approval. The City has the right to defer the work plan to the Santa Clara County Department of Environmental Health for additional review. Materials containing more than one (1) percent asbestos that is friable are also

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subject to BAAQMD regulations. Removal of materials containing more than one (1) percent friable asbestos shall be completed in accordance with BAAQMD Section 11-2-303.

MM HAZ-3.1: Prior to issuance of a grading permit, the project applicant shall research well records from Valley Water and attempt to locate abandoned wells at the site. If a well is located on site, the project applicant or contractor shall contact Valley Water's Wells Hotline immediately to assist in the identification of abandoned/unregistered wells or structures and help determine the appropriate means of addressing them. If the wells are identified, or subsequently encountered during earthwork activities, the applicant shall obtain a well destruction permit from Valley Water, and the wells shall be properly destroyed in accordance with Valley Water Ordinance 90-1. If septic systems are encountered during earthwork activities, those systems shall be abandoned in accordance with SCCDEH requirements.

Finding: With implementation of MM HAZ1.1 Contaminated soils disturbed during construction have the potential to release chemicals to the environment that could expose construction workers and nearby land uses. With implementation of MM HAZ-2.1 would ensure that hazardous conditions on-site would not create a significant hazard to the public or to the environment. Lastly, with implementation of MM HAZ-3.1, historic wells and septic systems on the site would be destroyed in accordance with Valley Water and SCCDEH requirements and would not result in significant impacts. (Less than Significant Impact with Mitigation Incorporated).

6. Noise and Vibration: Project construction would generate vibration levels that could damage adjacent buildings. The project would not result in generation of excessive ground borne vibration or ground borne noise levels. With the implementation of mitigation measure MM NOI-1.1, this impact would be reduced to less than significant.

MM NOI-1.1: To address potential impacts related to vibration, the project shall implement the following vibration controls:
• Prohibit the use of heavy vibration-generating construction equipment within 25 feet of residences. Use a smaller vibratory roller, such as the Caterpillar model CP433E vibratory compactor, when compacting materials within 25 feet of residences to the north and east. • Avoid dropping heavy equipment within 25 feet of residences. Use alternative methods, where feasible.
• Place operating equipment on the construction site as far as possible from vibrationsensitive receptors. • Avoid using vibratory rollers or tampers within 25 feet of sensitive uses. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• The contractor shall alert heavy equipment operators to the close proximity of the adjacent structures so they can exercise extra care.

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Finding: Implementation of MM NOI-1.1 would reduce the project’s vibration impacts to a less than significant level by ensuring that the minimum amount of vibration-generating equipment is used in proximity of the adjacent residences. (Less than Significant Impact with Mitigation Incorporated)
E. MITIGATION MONITORING AND REPORTING PROGRAM
When making findings, the lead agency must adopt a reporting or monitoring program for the mitigation measures it has adopted or made a condition of project approval to mitigate or avoid significant effects on the environment. The City hereby adopts the MMRP for the project, included as Attachment A to these findings. The mitigation measures identified in the Final EIR and adopted and incorporated into the project will be monitored pursuant to this program.

F. ALTERNATIVES
Pursuant to CEQA Guidelines Section 15126.6, the EIR examined a range of reasonable alternatives to the proposed project that would attain most of the basic project objectives but would avoid or substantially lessen the significant adverse impacts. The City has reviewed the impacts associated with each alternative as compared with the proposed project, and has also considered each alternative’s feasibility, considering a range of economic, environmental, social, and legal factors. Overall, the City concludes that the No Project Alternative would be the environmentally superior alternative. However, pursuant to CEQA Guidelines Section 15126.6(e)(2), if the No Project Alternative/No Development Alternative is determined to be environmentally superior, the EIR shall also identify an environmentally superior alternative among the other alternatives. The alternatives considered by the City are summarized as follows.

Option 1. No Project/No Development Alternative, Option 2. No Project/Existing Plan Development Alternative, Option 3. Reduced Footprint – Agricultural Preservation Alternative, and Option 4. No Riparian Encroachment Alternative.

Option 1 - No Project/No Development Alternative is required by CEQA Section 15126.6(e) to allow decision makers to compare the impacts of approving the project with the impacts of not approving the project. The CEQA Guidelines specifically advise that the No Project Alternative is “what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.” The CEQA Guidelines emphasize that an EIR should take a practical approach, and not “…create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment” (Section 15126.6[e][3][B]).

The No Project/No Development Alternative would not meet any of the project’s objectives.

The No Project Alternative would not construct a residential development that provides marketrate and age-restricted housing. In conclusion, the No Project/No Development Alternative is an environmentally superior alternative to the proposed project. Because the No Project/No

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Development Alternative would not result in any new development on the site, this alternative would avoid all environmental impacts of the project. This alternative would not, however, would not implement the site’s General Plan land use designation of Medium Density Residential.

Option 2 - No Project/Developed Under Existing General Plan/Zoning Alternative. Under the No Project – Developed Under Existing General Plan/Zoning Development Alternative, the project site would be developed in conformance with the existing General Plan designation. The site is zoned as Residential Detached Medium Density and has a General Plan designation of Residential Detached Medium, which allows for up to seven dwelling units per acre. The EIR further explains that this option, similar to the proposed project, the No Project – Developed Under Existing General Plan/Zoning Development Alternative would still likely entail development activity across the majority of the project site and result in similar site disturbance.

Therefore, the No Project Developed Under Existing General Plan/Zoning Development Alternative Existing Plan Alternative will have impacts similar to the proposed project related to aesthetics, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and tribal cultural resources. This alternative would also result in significant and unavoidable impacts to Transportation and Agricultural resource and therefore is not an environmentally superior alternative to the proposed project.

Option 3 – Reduced Footprint/Agricultural Preservation Alternative. The purpose of the Reduced Footprint Agricultural Preservation alternative is to reduce the identified impacts to agricultural resources. This Alternative would not include development on farmland and, therefore, would avoid the significant impact to agricultural resources. This alternative would require a reduction of 70 percent of the project units to maintain the same mix of unit types, site layout, and project amenities as the proposed project, but on the 30 percent of the site acreage that is not farmland. To maintain the full unit count on 30 percent of the site acreage would require a substantially more dense residential unit type (i.e., multi-story attached unit housing) than allowed by the current General Plan land use designation, and a substantially revised site layout that avoided the farmland.

This Alterative would avoid the significant and unavoidable agricultural resources impact but would not avoid the significant and unavoidable VMT impact. This alternative could meet most of the project objectives; however, by only achieving 30 percent of the proposed housing units, this alternative would not achieve the project objective of providing market-rate and senior housing to the same degree as the project. Additionally, an agricultural use on this site would be inconsistent with the General Plan land use designation.

Option 4 – No Riparian Encroachment Alternative. Under the No Riparian Encroachment Alternative, project development would occur outside of the 35-foot riparian setback zone to the drainage channel, and therefore, would have a less than significant impact on riparian habitat.

This option has the same building out area and will have the similar impacts to transportation and agricultural. However, the New Horizons Planned Development Standards includes a standard requiring no development within the 35-foot riparian setback. The EIR concludes this

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alternative is superior, but because the project is conditioned to meet this setback, it is now the same.

New Horizons (Hill – Morgan Hill Devco) Project Proposal and Alternative Options Conclusion - Among the alternatives that assume some development on the site, the environmentally superior alternative is the Reduced Footprint – Agricultural Preservation Alternative, since this alternative avoids one of the project’s significant and unavoidable impacts. However, this alternative would only partially achieve project objectives and is not consistent with the City General Plan or Zoning Ordinance.

Therefore while Options 1 – 4 were evaluated in addition to the project proposal, the City of Morgan Hill City Council approves the Planned Development as proposed as the superior option.

The proposed project would require the following approvals:
• Certification of the EIR: Certify the New Horizons Hill – Morgan Hill Devco EIR and make environmental findings pursuant to CEQA.
• Zoning Amendment for a Planned Development Master Plan • Subdivision Map
• Design Permit
• Off-Site Improvement Agreement
• Issuance of Demolition, Grading, Building, and Occupancy Permits • Encroachment Permit from Valley Water (Sanitary Sewer Modifications) G. RECIRCULATION NOT REQUIRED
No new or substantial changes to the EIR were proposed as a result of the public comment process. The Final EIR responds to comments and makes only minor technical changes, clarifications or additions to the EIR. The minor changes, clarifications, and additions to the EIR do not identify any new significant impacts or substantial increase in the severity of any environmental impacts. Therefore, recirculation of the EIR is not required.

H. RECORD OF PROCEEDINGS
Various documents and other materials constitute the record of proceedings upon which the City base their findings and decisions contained herein. Documents related to this proposed project are located in the City of Morgan Hill Development Services, 17575 Peak Avenue, Morgan Hill, California 95037.

I. STATEMENT OF OVERRIDING CONSIDERATIONS

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CEQA requires the decision-making agency to balance the benefits of a project against its significant and unavoidable impacts when determining whether to approve a project. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)). CEQA requires the agency to state in writing the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)).

The proposed project would result in significant and unavoidable impacts related to agricultural resources, even after incorporation of mitigation measures MM AG-1.1 and MM AG-1.2, which require a minimum of one acre of agricultural land (1:1 mitigation ratio) to be preserved for each acre of agricultural land changed to a non-agricultural use and acquisition and/or dedication of agricultural conservation easements over approved agricultural mitigation land, or payment to the City of the agricultural preservation in-lieu fee, and VMT, even after incorporation of Mitigation Measure MM TRN-1.1, which requires a financial contribution to the City’s on-site demand rideshare service and improving the surrounding pedestrian network by including sidewalks.

The City adopts and makes this Statement of Overriding Considerations regarding the significant unavoidable impacts of the project and the anticipated benefits of the project. The City finds that the project’s benefits of providing housing, including BMR units, outweighs the project’s significant unavoidable environmental effects.

On balance, the City finds that there are specific considerations associated with the project that serve to override and outweigh the project’s significant unavoidable effects. Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

J. SUBSTANTIAL EVIDENCE SUPPORTING FINDINGS
Substantial evidence supporting each and every finding made herein is contained in the Final EIR and record of proceedings. Omission of reference in these findings to any evidence in the EIR and/or record of proceedings is not intended to exclude that evidence as supporting these findings.

In making these findings, the City Council has relied upon the expertise of a variety of independent technical and professional consultants to the City, and the expertise of the City's Staff. The City Council has also carefully considered the evidence submitted by property owners and other interested agencies and individuals. To the extent that evidence consists of expert opinions that differ from the opinions of the City's outside consultants and Staff, at most it represents a disagreement of experts, which is adequately reviewed in the EIR.

Based on its review, the City Council has determined that the opinions of its outside consultants and Staff are valid and are hereby accepted. In some instances, the City Council has also relied on the expertise of other agencies who have provided comments on the Draft EIR and other actions related to the Project. To the extent that alternatives or mitigation measures were proposed by other agencies or interested persons that differ from the mitigation adopted herein, the City Council specifically rejects these proposals based on the substantial evidence in the

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record supporting the mitigation adopted as sufficient and necessary to mitigate impacts to a less than significant level or to the level that the impacts can feasibly be mitigated.

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MITIGATION MONITORING AND REPORTING PROGRAM
Morgan Hill Devco Project
File Numbers: ZA2021-0001/SD2021-0003
August 2024
EXHIBIT B.

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Page | 1 File No.: ZA2021-0001/SD2021-0003

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.

The Environmental Impact Report (EIR) prepared for the Morgan Hill Devco Project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the EIR concluded that the impacts from implementation of the project would be less than significant.

I, , the applicant, on the behalf of , hereby agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an EIR for my proposed project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level, where feasible.

Project Applicant’s Signature _____________________________________________ Date ___________________________________________________________

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Page | 2 File No.: ZA2021-0001/SD2021-0003
Morgan Hill Devco Project
File No. ZA2021-0001/SD2021-0003

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation

AGRICULTURAL RESOURCES
Impact AG-1: Conversion of approximately 44 acres of Prime Farmland and approximately five acres of Farmland of Statewide Importance would constitute a significant impact to agricultural resources. (Significant and Unavoidable Impact) MM AG-1.1: A minimum of one acre of agricultural land
(1:1 mitigation ratio) shall be preserved for each acre of agricultural land changed to a non-agricultural use. The required acreage of area to be protected through an
agricultural conservation easement or agricultural
preservation in-lieu fee will depend on the measurement of affected area. The area of land designated as Prime
Farmland and Farmland of Statewide Importance shall be
used for calculating the required mitigation.

To be implemented prior to
issuance of building or grading
permits, whichever occurs
first.

All measures will be required
as part of the development
permit. All measures will be
printed on all construction
documents, contracts, and
project plans prior to issuance
of any grading and/or building
permits.

Director of Development
Services Department or
Director’s designee.

MM AG-1.2: Conversion of agricultural land shall require off-setting acquisition and/or dedication of agricultural conservation easements over approved agricultural
mitigation land, or payment to the City of the agricultural preservation in-lieu fee, to support agricultural
preservation activities. Developer acquisition/dedication of easements shall require the project to pay an
agricultural lands preservation program stewardship fee to cover administrative costs and ongoing management
and monitoring of the easements. Agricultural mitigation fees shall be required prior to the acceptance of a final parcel or subdivision map, or prior to issuance of building or grading permits. Easement dedication is required prior To be implemented prior to
issuance of building or grading
permits, whichever occurs
first.

Director of Development
Services Department or
Director’s designee.

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MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation to issuance of building permits. Agricultural mitigation fees shall be required prior to the acceptance of a final parcel or subdivision map, or prior to issuance of building or grading permits. Easement dedication is required prior to issuance of building permits.

AIR QUALITY
Impact AIR-1: Project construction would exceed the Bay Area Air Quality Management District (BAAQMD) significance threshold for reactive organic gases (ROGs). (Less than Significant Impact with Mitigation Incorporated) MM AIR-1.1: During project construction, the project
applicant shall use “super-compliant” low volatile organic compound (i.e., VOC) coatings that have emissions lower than current BAAQMD requirements (i.e., Regulation 8,
Rule 3: Architectural Coatings), for at least 50 percent of all residential interior paints and 50 percent of exterior paints. This includes all architectural coatings applied during both construction and reapplications throughout
the project’s operational lifetime. At least 50 percent of coatings applied must meet a “super-compliant" VOC
standard of less than 10 grams of VOC per liter of paint.

For reapplication of coatings during the project’s
operational lifetime, the Declaration of Covenants,
Conditions, and Restrictions shall contain a stipulation for low VOC coatings to be used. Examples of “supercompliant” coatings are contained in the South Coast Air Quality Management District’s website.

The applicant is responsible
for ensuring the use of supercompliant low VOC coatings during project construction, as
described in MM AIR-1.1.

Director of Development
Services Department or
Director’s designee.

Impact AIR-2: The project would exceed the BAAQMD single-source significance threshold for cancer risks at the maximally exposed individuals (MEI) location during construction. (Less than Significant Impact with Mitigation Incorporated) MM AIR-2.1: Prior to issuance of any demolition, grading, and/or building permits (whichever occurs earliest), the project applicant shall submit a construction operations To be implemented prior to
issuance of demolition,
All measures will be required
as part of the development
permit. All measures will be
Director of Development
Services Department or
Director’s designee.

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MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation plan to the Development Services Director that reduces
diesel particulate matter emissions by 50 percent such
that increased cancer risk and annual PM2.5
concentrations would be reduced below TAC significance
levels. The plan shall include the following:

1. 60 percent of all construction equipment larger
than 25 horsepower used at the site for more
than two continuous days or 20 hours total shall
meet U.S. EPA Tier 4 emission standards and the
remaining 40 percent shall meet U.S. EPA Tier 3
emission standards, if feasible, otherwise,
• If use of Tier 4 equipment is not available,
alternatively use equipment that meets
U.S. EPA emission standards for Tier 3
engines and include particulate matter
emissions control equivalent to CARB
verifiable diesel emission control devices
that altogether achieve a 50 percent
reduction in particulate matter exhaust in
comparison to uncontrolled equipment.

Alternatively, or in combination,
• Use of electrical or non-diesel equipment
with lower particulate matter emissions
that meet the PM reduction
requirements above.

2. Alternatively, the applicant may develop another
construction operations plan demonstrating that
the construction equipment used on-site would
achieve a reduction in construction diesel
particulate matter emissions by 50 percent or
greater. Elements of the plan could include a
combination of some of the following measures:
grading, or building permits,
whichever occurs first.

The applicant is responsible
for preparing a construction
operations plan and
submitting it to the City for
review, as described in MM
AIR-2.1.
printed on all construction
documents, contracts, and
project plans prior to issuance
of any grading and/or building
permits.

Page 298 of 559 ends

Page | 5 File No.: ZA2021-0001/SD2021-0003

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation • Implementation of No. 1 above to use 60
percent Tier 4 and 40 percent Tier 3 or
alternatively fueled equipment,
• Installation of electric power lines during
early construction phases to avoid use of
diesel generators and compressors,
• Use of electrically-powered equipment,
• Forklifts and aerial lifts used for exterior
and interior building construction shall be
electric or propane/natural gas powered,
• Change in construction build-out plans to
lengthen phases, and
• Implementation of different building
techniques that result in less diesel
equipment usage.

BIOLOGICAL RESOURCES
Impact BIO-1: The project could disturb nesting bird activity during construction. (Less than Significant Impact with Mitigation Incorporated) MM BIO-1.1: To the extent feasible, construction
activities shall be scheduled to avoid the nesting season.

If construction activities are scheduled to take place
outside the nesting season, all impacts to nesting birds protected under the MBTA and California Fish and Game
Code will be avoided. The nesting season for most birds in Santa Clara County extends from February 1 through
August 31, inclusive.

If construction activities and/or tree removal cannot be scheduled to occur between September 1 and January
31, preconstruction surveys for nesting birds shall be
conducted by a qualified biologist or ornithologist to
ensure that no nests will be disturbed during project
The applicant is responsible
for ensuring construction
activities avoid nesting birds.

The applicant is responsible
for having a qualified biologist
perform a pre-construction
survey prior to construction
and implementing buffer
zones, if required, as
described in MM BIO-1.1.

Director of Development
Services Department or
Director’s designee.

Page 299 of 559 ends

Page | 6 File No.: ZA2021-0001/SD2021-0003

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation implementation. These surveys shall be conducted no
more than seven days prior to the initiation of demolition or construction activities including tree removal and
pruning. During this survey, the ornithologist will inspect all trees and other potential nesting habitats (e.g., trees, shrubs, ruderal grasslands, buildings) in and immediately adjacent to the impact areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by these activities, the ornithologist will determine the
extent of a construction-free buffer zone to be
established around the nest (typically 300 feet for raptors and 100 feet for other species), to ensure that no nests of species protected by the MBTA and California Fish and
Game Code will be disturbed during project
implementation.

The written report shall indicate the results of the survey, a map of identified active nests, and any designated
buffer zones or other protective measures to be
implemented with the project.

Prior to the onset of ground
disturbance, a report
summarizing the results of the
survey and any protective
measures shall be submitted
by the applicant to the City.

Impact BIO-2: The project could impact burrowing owl habitat or individuals during construction. (Less than Significant Impact with Mitigation Incorporated) MM BIO-2.1: Preconstruction surveys for burrowing owls
shall be conducted prior to the initiation of construction activities within suitable burrowing owl roosting habitat (i.e., ruderal grassland habitat or agricultural lands with burrows of California ground squirrels), or within 250 feet of this habitat. During the initial site visit, a qualified biologist shall survey the entire project site and areas within 250 feet by walking transects with centerlines no more than 50 feet apart to ensure complete visual
coverage and look for suitable burrows that could be
used by burrowing owls. If no suitable burrows are
present, no additional surveys are required. If suitable burrows are determined to be present within 250 feet of The applicant is responsible
for ensuring construction
activities avoid burrowing
owls to the extent feasible.

The applicant is responsible
for ensuring pre-construction
surveys are completed by a
qualified biologist and
ensuring any construction
buffer zone is implemented
All measures will be required
as part of the development
permit. All measures will be
printed on all construction
documents, contracts, and
project plans prior to issuance
of any grading and/or building
permits.

Director of Development
Services Department or
Director’s designee.

Page 300 of 559 ends

Page | 7 File No.: ZA2021-0001/SD2021-0003

MITIGATIONS MONITORING AND REPORTING PROGRAM
Timeframe and Responsibility
for Implementation Method of Compliance Oversight of Implementation the project impact areas, a qualified biologist shall
conduct a second survey to determine whether owls are
present in areas where they could be affected by
proposed activities. The surveys shall last a minimum of three hours, beginning one hour before sunrise and
continuing until two hours after sunrise, or beginning two hours before sunset and continuing until one hour after sunset. The first survey may occur up to 14 days prior to the start of construction activities in any given area, and the second survey shall be conducted within two days
prior to the start of construction activities. The report indicating the result of the surveys and any designated buffer zones shall be submitted to the satisfaction of the Development Services Director or Director’s designee
prior to initiation of construction activities.
• If burrowing owls are detected during the preactivity survey, a 250-foot buffer, within which no newly initiated construction-related activities will
be permissible, shall be maintained between
construction activities and occupied burrows.

Though highly unlikely, owls present between
February 1 and September 8 will be assumed to
be nesting, and the 250-foot protected areas
shall remain in effect until September 8, or until
the burrow is no longer occupied, whichever
occurs first.
• If maintaining a 250-foot buffer around active
owl burrows is not feasible, the buffer may be
reduced if (1) the individual or nest is not
disturbed, and (2) the contractor develops an
avoidance, minimization, and monitoring plan
that shall be reviewed and approved by the
CDFW and USFWS prior to project construction.

The plan shall include the following measures:
and maintained during
construction activities, as
described in MM BIO-2.1.

If burrowing owls are present
during non-breeding season
and passive relocation is
unavoidable, the applicant is
responsible for having a
qualified biologist prepare and
implement an avoidance,
minimization, and monitoring
plan, as described in MM BIO2.1.

Prior to the onset of ground
disturbance, a report
summarizing the results of the
survey and any protective
measures shall be submitted
by the applicant to the City.

Page 301 of 559 ends

Morgan Hill City CouncilNovember 20, 2024

Morgan Hill City Council
November 20, 2024