STOP STOP STOP STOP STOP STOP 0.8% PAD 366.6 PAD 367.4 PAD 369.7 PAD 370.1 PAD 371.7 PAD 372.7 PAD 374.7 PAD 375.7 PAD 367.6 PAD 369.1 PAD 370.2 PAD 371.2 PAD 372.2 PAD 363.4 PAD 364.6 PAD 365.6 PAD 366.6 PAD 367.6 PAD 361.7 PAD 363.0 PAD 363.6 PAD 364.8 PAD 365.7 PAD 366.7 PAD 360.7 PAD 361.6 PAD 362.2 PAD 363.2 PAD 363.7 PAD 364.7 PAD 367.3 PAD 367.1 PAD 366.5 PAD 366.3 PAD 372.4 PAD 371.8 PAD 371.3 PAD 366.0 PAD 366.4 PAD 379.4 PAD 379.8 PAD 376.5 PAD 377.8 PAD 378.7 PAD 376.6 PAD 378.7 PAD 377.0 PAD 375.2 PAD 379.6 PAD 378.3 PAD 380.2 PAD 378.0 PAD 380.9 PAD 383.6 PAD 385.8 PAD 385.8 2.0% 1.8% 3.6% 0.5% 0.9% 3.5%
2.5% 2.5%
2.5% 2.5%
2.5%
2.5% 2.5%
2.5%
2.5% 2.5%
2.5%
2.5% 2.5% 2.5% 2.0% 0.8% 1.5% 3.3% GB375.6 376.5 BVC 376.0 GB368.0 365.6 BVC 364.7 LP364.5 EVC 364.9 BVC 365.8 GB376.3 374.0
1.3' WALL
1.1' WALL
2.0' WALL
3.1' WALL
2.9' WALL
2.7' WALL
2.2' WALL 360.4 1.5' WALL STREET A STREET B STREET C STREET D COURT A COURT B SORREL DRIVE STREET G 1.5' WALL 4.5' WALL 5' WALL 4.2' WALL 3.4' WALL 3.0' WALL 4.0' WALL LP376.3 EVC 376.3 BVC 373.5 LP373.2 EVC 373.7 DETENTION BASIN 53 27 28 31 38 45 46 190189 19 20 21 22 23 29 30 74 73 72 71 70 109 110 111 112 113 122 121 120 119 118 117 146 147 148 149 150 188187 52 158 157 54 37 36 35 34 33 42 43 44 41 151 24 25 26 PARCEL C PARCEL D PARCEL B HP 366.3 EVC 366.2 PAD 365.2 75 PAD 363.5 107 PAD 360.7 108 PAD 366.3 116 PAD 366.3 115 PAD 367.2 152 PAD 367.2 153 PAD 367.8 114 TVC 364.1 BOW 360.5
3.0% PAD 375.8 67 PAD 375.6 68 PAD 375.1 69PAD 375.1 64 PAD 375.6 65 PAD 375.8 66PAD 374.8 61 PAD 374.6 62 PAD 374.1 63PAD 374.1 58 PAD 374.6 59 PAD 374.8 60PAD 367.6 154 PAD 374.6 57PAD 374.0 56PAD 373.2 55 PAD 367.2 156 PAD 367.7 155 367.3 BOW 366.6
0.5% BOW 375.3 BOW 374.2 TVC 375.5 TVC 376.6 0.5% 0.5% 379.6 PAD 382.1 32 385.3
1.3' WALL
1.2' WALL
1.5' WALL
1.6' WALL
1.9' WALL 1.9' WALL
1.7' WALL 1.8' WALL
2.1' WALL
2.4' WALL
2.1' WALL
2.5' WALL PAD 364.1 191 PAD 363.5 192 PAD 363.1 193 PAD 362.3 194 PAD 362.0 195 PAD 361.6 196 PAD 361.4 197 PAD 361.1 175 PAD 360.4 174 PAD 361.3 176 PAD 361.8 177 PAD 362.5 178 PAD 363.0 179 TVC
2.5% 361.7 GB362.1 TVC 365.2 1.5%
2.5%0.8%1.0' WALL 4.6' WALL 1.4' WALL 2.0' WALL 3.1' WALL 3.2' WALL 1.3' WALL 374.0 375.8 3.6% 0.8.% 0.8% GB 370.1 367.4 1.4% 368.1 366.1 371.8 385.0 389.5 390.5± 379.2 PAD 381.3 39 PAD 380.3 40 PARCEL E 4.0' WALL MAX 5.0' WALL MAX LIMIT OF GRADING PVT DRIVE M PVT DRIVE N 2.8' WALL 1.7' WALL
2.8' WALL 1.9' WALL 3.6' WALL 1.0' WALL 3.5' MAX WALL EX 50' PG&E ESMT
2.0%
PEDESTRIAN BRIDGE 5.0% GB 367.0 TVC 367.9 NEW HORIZONS BY MORGAN HILL DEVCO, LLC AT MORGAN HILL JOB NO. 202013-001 DATE 3/24/2023 SCALE AS SHOWN Development Process Consultants camp & camp associates inc. ZA2021-0001 PD-17 PRELIMINARY GRADING - NORTHEAST GRADING NOTES 1. ALL PROPOSED GRADES SHOWN ON THIS PRELIMINARY GRADING PLAN ARE PRELIMINARY AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 2. TREE NUMBERS REFER TO THE ARBORIST'S REPORT FOR THIS PROJECT. SEE REPORT FOR MORE INFORMATION. GRADING LEGEND APPROXIMATE PAD ELEVATION APPROXIMATE SPOT ELEVATION SLOPE POSSIBLE RETAINING WALL ANTICIPATED STREET SLOPE EMERGENCY OVERLAND RELEASE APPROXIMATE LIMITS OF MASS/ROUGH GRADING EXISTING CONTOUR PROPOSED MINOR CONTOUR PROPOSED MAJOR CONTOUR TREE TO SAVE (PROTECT IN PLACE) TREE TO BE REMOVED P 357.8 352.6 1.5%
STOP STOP PAD 352.5 PAD 353.0 PAD 354.3 PAD 354.5 PAD 356.7 PAD 352.5 PAD 352.5 PAD 352.5 PAD 352.9 PAD 353.5 PAD 354.1 PAD 354.9 PAD 355.5 PAD 356.1 PAD 358.0 PAD 351.9 PAD 352.9 PAD 353.5 PAD 353.7 PAD 353.9 PAD 354.0 PAD 354.3 PAD 354.4 PAD 354.6 PAD 355.1 2.5% 2.5%
2.5% 2.5%
2.5% 2.5%
2.5% 2.5% 2.5% 2.5% PAD 355.9 PAD 355.9 PAD 355.9 PAD 355.9 PAD 355.4 PAD 355.4 PAD 355.4 PAD 355.4 0.6% 2.0% 0.3% 0.3% 0.5% 0.5% 1.3%
0.7% 0.5% 1.2% PAD 352.3 PAD 352.8 PAD 353.0 PAD 353.5 PAD 353.7 PAD 354.2 PAD 354.4 PAD 354.9 PAD 355.3 0.8% 357.0 EVC 357.4 GB358.0 GB 354.5 355.8 350.8 GB351.5 GB356.1 BVC 355.9 EVC 355.1 GB LP 353.4 349.0 GB349.5 EVC 349.1 LP 349.1 BVC 349.5 BOW 354.3 TC354.2 BOW 350.9 TC 350.9 BOW 352.7
0.4%
2.5%
2.5% BOW 354.6 GB 355.8 TVC 356.5 BOW 355.3 GB 355.8 TVC 356.5 STREET C STREET I
STREET H STREET E BARRETT AVE PRVT DRIVE K PVT DRIVE L
3.0% 0.5%
1.2% 0.5% LIMIT OF GRADING LIMIT OF GRADING LIMIT OF GRADING LIMIT OF GRADING LIMIT OF GRADING EXISTING DRIVEWAYEXISTING DRIVEWAY EXISTING DRIVEWAY BVC 349.0 EVC 349.9 BVC 350.9 EVC 352.0
PVT DRIVE E
PVT DRIVE F PCL J WINGWALL ±3' RETAINING WINGWALL ±5' RETAINING BOX CULVERTS UNDER BARRETT AVE 262 253 252 251 250 249 248 247 254 255 232 233 234 289 290 291 292 293 294 295 296 297 298 246 245 244 243 242 241 240 239 238 237 263 261260 258 259 257256 235 PARCEL N 20' EVA PAD 357.7 PAD 358.2 PAD 355.0 265 PAD 355.3 266 PAD 355.6 267 PAD 355.9 268 PAD 356.2 269 PAD 356.4 274 PAD 355.6 273 PAD 354.9 272 PAD 354.2 271 PAD 353.5 270 PAD 356.4 275 PAD 355.6 276 PAD 354.9 277 PAD 354.2 278 PAD 353.5 279 PAD 354.5 284 PAD 353.9 283 PAD 352.8 282 PAD 351.9 281 PAD 351.0 280 PAD 354.5 285 PAD 353.6 286 PAD 352.3 287 PAD 351.1 288 353.9 BVC 355.2 HP 355.3 EVC 354.9 BVC 348.3 LP 348.0 EVC 348.4 2.5% 0.5% 1.0%
1.0% 353.9 BVC 349.8 LP 349.6 EVC 350.0 GB 350.3 355.4 BVC 352.1 LP 352.0 EVC 352.4 352.9 PAD 355.0 264 1.4' WALL
1.3' WALL
1.2' WALL 1.7' WALL 1.0' WALL 1.5%
2.0% 2.6' WALL 1.4' WALL 2.0% EXISTING WELL PARCEL H
PARCEL G
PARCEL M PCL O 1.2% 357.8 355.6 223 PAD 355.5 222 PAD 355.5 221 PAD 356.0 220 PAD 356.0 219 PAD 356.8 218 PAD 356.8 198 PAD 357.6 199 PAD 357.6 200 PAD 357.7 201 PAD 357.7 202 PAD 357.9 203 PAD 357.9 204 PAD 358.1 205 PAD 358.1 206 PAD 358.1 207 PAD 358.1 208 PAD 357.9 209 PAD 357.9 214 PAD 357.5 215 PAD 357.5 216 PAD 357.2 217 PAD 357.2 213 PAD 357.7 212 PAD 357.7 211 PAD 357.5 210 PAD 357.5 224 PAD 354.1 225 PAD 354.1 226 PAD 353.8 227 PAD 353.8 229 PAD 353.7 230 PAD 354.0 231 PAD 354.0 228 PAD 353.7 354.1 355.3 355.6 BOW 353.7 BOW 356.7 357.5 357.5357.9 HP 358.2 354.3
2.5%
2.5% 2.5% 2.5% 2.5%
2.5%2.5% 2.0% 2.5% 2.5% 2.0% 2.5% 2.5%354.4 356.8 355.2 353.8 356.9 357.8
0.8% 0.4%
0.4% 0.4% 1.7% 2.9% 0.4% 1.4% 236 PAD 354.9 354.0 PRIVATE STREET L PRIVATE STREET K PRIVATE STREET J
PRIVATE STREET M PVT DR Q PVT DR S
PVT DR P PVT DR O
PVT DR R 350.5 NEW HORIZONS BY MORGAN HILL DEVCO, LLC AT MORGAN HILL JOB NO. 202013-001 DATE 3/24/2023 SCALE AS SHOWN Development Process Consultants camp & camp associates inc. ZA2021-0001 PD-18 PRELIMINARY GRADING - SOUTHWEST GRADING NOTES 1. ALL PROPOSED GRADES SHOWN ON THIS PRELIMINARY GRADING PLAN ARE PRELIMINARY AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 2. TREE NUMBERS REFER TO THE ARBORIST'S REPORT FOR THIS PROJECT. SEE REPORT FOR MORE INFORMATION. GRADING LEGEND APPROXIMATE PAD ELEVATION APPROXIMATE SPOT ELEVATION SLOPE POSSIBLE RETAINING WALL ANTICIPATED STREET SLOPE EMERGENCY OVERLAND RELEASE APPROXIMATE LIMITS OF MASS/ROUGH GRADING EXISTING CONTOUR PROPOSED MINOR CONTOUR PROPOSED MAJOR CONTOUR TREE TO SAVE (PROTECT IN PLACE) TREE TO BE REMOVED P 357.8 352.6 1.5%
STOP STOP Ø70.0' BVC 363.2 EVC 365.4 0.8% PAD 360.4 PAD 360.7 PAD 361.6 PAD 362.2 PAD 363.2 PAD 363.7 PAD 364.7 PAD 354.5 PAD 367.3 PAD 367.1 PAD 366.5 PAD 366.3 PAD 365.7 PAD 365.3 PAD 372.4 PAD 371.8 PAD 371.3 PAD 371.3 PAD 370.6 PAD 370.4 PAD 370.0 PAD 369.0 PAD 364.4 PAD 365.8 PAD 358.8 PAD 359.7 PAD 360.7 PAD 361.5 PAD 362.2 PAD 362.7 PAD 363.6 PAD 364.5 PAD 364.8 PAD 365.0 PAD 365.3PAD 363.2 PAD 363.8 PAD 358.5 PAD 358.9 PAD 359.5 PAD 360.1 PAD 360.7 PAD 361.3 PAD 362.0 PAD 362.5 PAD 357.8 PAD 357.3 PAD 365.7 PAD 366.0 PAD 366.4 PAD 356.7 PAD 354.9 PAD 355.5 PAD 356.1 PAD 358.0 PAD 354.3 PAD 354.4 PAD 354.6 PAD 355.1 PAD 358.9 PAD 359.9 PAD 360.7 PAD 361.6 PAD 362.3 PAD 363.3 PAD 364.0 PAD 364.8 PAD 376.5
2.5% 2.5%
2.5%
2.5% 2.5% 2.5%
2.5% 2.5% 2.5% 2.5% 1.2% 1.2% 3.1% 0.5% 0.5% 1.3% 1.3% 0.8% 1.2% 1.5% 3.3% BVC 357.2 LP357.0 EVC 357.4 GB358.0 GB356.1 BVC 355.9 EVC 355.1 GB354.5 354.8 GB 353.4 GB362.9 365.6 BVC 364.7 LP364.5 EVC 364.9 BVC 365.8
0.4% 360.4 STREET C STREET E STREET D STREET G
STREET I BARRETT AVE LIMIT OF GRADING LIMIT OF GRADING PCL J BIORETENTION BIORETENTION 318 162 161 160 53 45 190189 145 150 295 296 297 298 240 239 238 237 320 319 317 316 315 314 313 312 303 304 305 306 307 308 309 310 311 302 301 300 299 146 147 148 149 188187186185 525150494847 167 166 165 164 163 168 169 170 158159 157 54 235 151 PARCEL K PARCEL I PARCEL L HP 366.3 EVC 366.2 PAD 357.7 143 PAD 358.2 144 PAD 367.2 152 PAD 367.2 153 PAD 367.6 154 PAD 374.0 56PAD 373.2 55 PAD 367.2 156 PAD 367.7 155
2.5' WALL PAD 364.1 191 PAD 363.5 192 PAD 363.1 193 PAD 362.3 194 PAD 362.0 195 PAD 361.6 196 PAD 361.4 197 PAD 361.1 175 PAD 360.4 174 PAD 360.0 173 PAD 359.4 172 PAD 359.0 171 PAD 361.3 176 PAD 361.8 177 PAD 362.5 178 PAD 363.0 179 PAD 360.8 180 PAD 361.9 182 PAD 362.5 183 PAD 363.0 184 TVC
2.5% 361.7 GB362.1 TVC 365.2 1.5%
2.5%0.8% BOW 359.3
1.2%
1.3' WALL 1.3' WALL 1.0' WALL 366.1 PARCEL H PARCEL E PVT DRIVE M PVT DRIVE N PAD 361.4 181 1.3' WALL 1.8' WALL 2.7' WALL 357.8 357.6 355.6 198 PAD 357.6 199 PAD 357.6 200 PAD 357.7 201 PAD 357.7 202 PAD 357.9 203 PAD 357.9 204 PAD 358.1 205 PAD 358.1 206 PAD 358.1 207 PAD 358.1 208 PAD 357.9 209 PAD 357.9 BOW 356.7 357.5 357.5357.9 HP 358.2 2.5% 2.5% 2.5% 357.8
0.4% 0.4% 236 PAD 354.9
PVT DR R TVC 367.9 NEW HORIZONS BY MORGAN HILL DEVCO, LLC AT MORGAN HILL JOB NO. 202013-001 DATE 3/24/2023 SCALE AS SHOWN Development Process Consultants camp & camp associates inc. ZA2021-0001 PD-19 PRELIMINARY GRADING - SOUTHEAST GRADING NOTES 1. ALL PROPOSED GRADES SHOWN ON THIS PRELIMINARY GRADING PLAN ARE PRELIMINARY AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 2. TREE NUMBERS REFER TO THE ARBORIST'S REPORT FOR THIS PROJECT. SEE REPORT FOR MORE INFORMATION. GRADING LEGEND APPROXIMATE PAD ELEVATION APPROXIMATE SPOT ELEVATION SLOPE POSSIBLE RETAINING WALL ANTICIPATED STREET SLOPE EMERGENCY OVERLAND RELEASE APPROXIMATE LIMITS OF MASS/ROUGH GRADING EXISTING CONTOUR PROPOSED MINOR CONTOUR PROPOSED MAJOR CONTOUR TREE TO SAVE (PROTECT IN PLACE) TREE TO BE REMOVED P 357.8 352.6 1.5%
EX
BNDY
PAD
PL
EXISTING
HILL ROAD
VARIES 35'± - 55'± 35'±
CONFORM TOEX GROUND
95'±
GRADING SECTION
GRADING SECTION
BNDY
APPROX
EX GROUND
PAD
RETAININGWALL
GRADING SECTION
BNDY
APPROX
EX GROUND
PAD
GRADING SECTION
BNDY
APPROX
EX GROUND
PAD
GRADING SECTION
APPROX
EX GROUND
PAD
GRADING SECTION
EX GAS LINE
DETENTION 2:1 MAX BASIN
PL
50' EASEMENT
APPROX
EX GROUND
EX GAS LINE
50' EASEMENT
PL
PAD
2:1 MAX
BNDY
GRADING SECTION
PAD 2:1 MAX
APPROX
EX GROUND
GRADING SECTION
BARRETT
AVENUE
BNDY
CL
PRELIMINARY GRADING SECTIONS
NO SCALE
BNDY
EXISTING
HILL ROAD
GRADING SECTION
PL
PAD
RETAINING
WALL
PAD
RETAININGWALL
APPROX
EX GROUND
APPROXEX GROUND
GRADING SECTION
GRADING SECTION
3:1
APPROX
EX GROUND
GRADING SECTION
PAD
RETAINING
WALL
APPROX EX
GROUND
2:1 MAX
EX
PL
GRADING SECTION
PAD
REALIGNED
DRAINAGE
PL R/W
RETAINING
WALL
8'
MULTI-USE
TRAIL
14.8'±
1' OVERBUILD
VARIES
2:1 MAX
1' OVERBUILD
4.8'
2:1 MAX
8'
1'
VARIES
8'
MULTI-USE
TRAIL VARIES
1' OVERBUILD
VARIES
8'
8'
MULTI-USE
TRAIL 32'±
8' MULTI-USE
TRAIL 3:1 MAX
FC
14'
1' OVERBUILD
4'
16'
8' 8'
MULTI-USE
TRAIL
5.5'
R/W
24'±
3:1
VARIES 8' TRAIL 21'
1' OVERBUILD 1' OVERBUILD
21'
3:1
5'
R/W
126'±
21'± VARIES 20' EVA 5' 6' 1' OVERBUILD
2:1 MAX 2:1 MAX
5'-10' VARIES
OVERBUILD
DETENTION
BASIN
NEW HORIZONS
BY MORGAN HILL DEVCO, LLC
AT MORGAN HILL
JOB NO. 202013-001
DATE 3/24/2023
SCALE AS SHOWN
Development Process Consultants camp & camp associates inc.
ZA2021-0001
PD-20
GRADING SECTIONS
STOP STOP STOP STOP
STOP STOP STOP STOP STOP BVC 363.2 EVC 365.4 PARCEL A STREET A STREET A STREET A COURT A COURT B SORREL DRIVE SORREL DRIVE SORREL DRIVE COURT C COURT C STREET C STREET D STREET E STREET E STREET J STREET K STREET L
STREET M
STREET H STREET G
STREET I
STREET F
FOUNTAIN AVE
REMINGTON COURT BARRETT AVENUE (60' R/W) BARRETT AVENUE (60' R/W)
PVT DRIVE A
PVT DRIVE C PVT DRIVE G PVT DRIVE K
PVT DRIVE I
PVT DRIVE J PVT DRIVE L
PVT DRIVE D
PVT DRIVE E
PVT DRIVE H
HILL ROAD (46' HALF PUBLIC R/W) JACKSON PARK EXPANSION 54 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29 30 33 34 44 43 42 41 68 66 63 62 61 57 56 55 156 154 115153 152 117 118 119 120 121 122 76 75 74 73 70 71113 111 112 109 110 99 97 98 96 95 87 86 85 84 83 82 81 80 131 130 129 128 132 133 142 136 138 126 125 252 251 249 247 244 243 241 240 239 238 237 294 292 291 290 288 286 285 283 282 275 276 277 278 279270 265 266 267 262 158 160 163 164 165 166 167 168 169 170 301 302 303 305 306 307 310 311 319 318 317 315 314 313 312 47 187 188 197 193 191 180 181 182 183 176 178 179 45 38 161 53 46 190189 9 90 91 92 93 94 79 72 89 137 145 150 250 248 304 308 309 300 299 261 260 258 259 257 256 146 147 148 149 186 185 155 525150 49 48 159 157 54 37 36 35 151 140 141 139 320 316 289 293 296 264 272 271 284 281 280 287 21 32 78 77 103 102101 104 107 106105 108 127 124144 143 116 69 67 65 64 58 59 60 39 40 196 195 194 192 177 173 172 171 162 263 184 242 253 295 36 26 31 88 100 114 134 123 135 175 174 246 245 254 255 268 269 274 273 297 298 223 222 221 220 219 218 198 199 200 201 202 203 204 205 206 207 208 209 216 215 214 213 212 211 210 224 217 225 226 227 228 229 230 231 232 233 234 235 236 PCL P Parcel B Parcel C JACKSON PARK EXPANSION Parcel D Parcel H Parcel F E N G I N E E R S P L A N N E R S S U R V E Y O R S SHEET 1 OF 1 SELECT PARCEL ACREAGES NEW HORIZONS MORGAN HILL, CALIFORNIA FEBRUARY, 2024 JOB NUMBER: 202013 PARCEL AND APPROXIMATE ACREAGE PARCEL A 0.40 ACRES PARCEL B 1.40 ACRES PARCEL D 0.97 ACRES PARCEL F PARCEL H PARCEL C 0.36 ACRES 0.93 ACRES 2.12 ACRES
5 CITY COUNCIL STAFF REPORT
MEETING DATE: December 4, 2024
PREPARED BY:
Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2359, NEW SERIES, ESTABLISHING
CHAPTER 18.78 (STANDARDS FOR PUBLIC ARTS) WITHIN TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF THE CITY OF MORGAN HILL
IMPLEMENTING THE REQUIREMENT OF PUBLIC ART IN NEW LAND
DEVELOPMENT PROJECTS
RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2359, 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.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Community Engagement
Economic Development and Tourism
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
On November 20, 2024, the City Council introduced Ordinance No. 2359, New Series, by the following roll call votes: AYES: Borgioli, Spring, Turner, Librers, Martinez Beltran; NOES: None; ABSTAIN: None; ABSENT: None;
The purpose of the Ordinance is to implement the requirement of public art in new land development projects. Public art, or a public art in-lieu fee, will be applied to new residential projects of 20 housing units or more, nonresidential projects of 5,000 square feet or larger, and new public buildings, facilities, and city parks. The public art rate
5 consists of 1% of the project’s total construction valuation for commercial, industrial, moderate-income and above moderate-income residential, and municipal development projects; and 0.5% of the project’s total construction valuation for non-profit organizations and lower-income affordable housing development projects.
During the November 20, 2024 City Council meeting, the Council approved the Ordinance with a change to Section 18.78.080.A to include the preference to commission public art from local artists.
COMMUNITY ENGAGEMENT:
Inform
A 10-day public hearing notice was published in the Friday, November 8, 2024, edition of the Morgan Hill Times pursuant to Government Code Sections 65090-65096. On November 12, 2024, the Planning Commission held a public hearing regarding the proposed ordinance in which a 10-day public hearing notice was published in the Friday, November 1, 2024, edition of the Morgan Hill Times.
Staff also held a Public Art Conversation on October 14, 2024, to explore how to curate the future of arts and culture in Morgan Hill, where more than 140 residents attended and provided feedback on public art and a public art framework. Staff received overwhelming support from attendees for a public art policy, consisting of assessing a public art fee on new construction, primarily for commercial and industrial development projects, with some support of assessing a public art fee towards market rate housing projects. A majority of the attendees indicated that the fee should apply to commercial and industrial projects that are 20,000 square feet in size or more and housing developments greater than 40 dwelling units. As part of the conversation, staff also gathered feedback from attendees indicating what types of public art they would like to see (in which there was equal support for architecture, music, paintings/murals, sculptures, and theater) and the locations they would want to see installations (in which there was equal support for installations at the City gateways/entrances, parks, public buildings, downtown, and freeway facing).
ALTERNATIVE ACTIONS:
Not Applicable.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On June 6, 2018, the City Council adopted Ordinance No. 2277 N.S., a comprehensive update of Title 18 – Zoning of the City of Morgan Hill Municipal Code. The update included an amendment to the City’s official zoning map consistent with the Morgan Hill 2035 General Plan.
On October 23, 2024, the City Council held a public meeting to discuss the Public Art Framework and directed staff to draft a Public Art Ordinance.
On November 12, 2024, the Planning Commission considered and recommended, on a 4-2 vote, the City Council approve the proposed draft Ordinance.
5 On November 20, 2024, the City Council introduced Ordinance No. 2359.
FISCAL AND RESOURCE IMPACT:
Staff regularly brings forward amendments as necessary to enhance, correct, and/or refine the Municipal Code; and therefore, the cost is borne, and work is accommodated, within the respective division's annual workplan and budget.
CEQA (California Environmental Quality Act):
This ordinance, establishing standards for public art, is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed ordinance is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The creation of standards for public art does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.
ORDINANCE NO. 2359, NEW SERIES
AN ORDINANCE OF THE CITY OF MORGAN HILL
ESTABLISHING CHAPTER 18.78 (STANDARDS FOR
PUBLIC ARTS) WITHIN TITLE 18 (ZONING) OF THE
MUNICIPAL CODE OF THE CITY OF MORGAN HILL
IMPLEMENTING THE REQUIREMENT OF PUBLIC ART
IN NEW LAND DEVELOPMENT PROJECTS
THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 18.78 (Standards for Public Arts) of Title 18 (Zoning) is hereby established to read as follows:
18.78.010 – Purpose
The City Council finds and declares:
A. Public art contributes to the public's understanding, enjoyment and experience of cultural diversity, while helping to create and maintain a large and diverse community that will enrich the City’s cultural identity and economic vitality.
B. The incorporation of public art into private and public development will create a unique sense of community as well as public identity and enhance the visual and aesthetic quality of such developments.
C. The incorporation of public art in private and public development contributes to civic enhancement through creation of a more desirable community, which is in the public interest for those living and working in the City of Morgan Hill.
D. The provision of public art supports and implements General Plan policies to support publicly accessible artwork to enhance the social, cultural, historic, and artistic character of the community and ensure high quality architectural and artistic design in all new developments.
E. Cultural and artistic assets should be included in private development projects because those projects diminish the availability of the community's resources for those cultural and artistic features, and because it is important that those projects contribute to the urbanization of private property in a manner that benefits the public.
F. Cultural and artistic resources foster economic development and tourism, revitalize urban areas, and create a more desirable community within which to live and work.
18.78.020 – Applicability and Exemptions
A. Applicability. This chapter applies to all new residential building developments of 20 housing units or more; nonresidential development projects of 5,000 square feet or more; and new public buildings and new city parks.
City of Morgan Hill
Ordinance No. 2359, New Series
B. The following shall be exempt from the provisions of this Chapter:
1. Building/facility renovations or additions.
2. Public Works Capital Improvement Projects, including but not limited to, building/facility renovations or expansions, streets and roads, medians, trails, bike lanes, landscaping, storm drainage facilities, wastewater facilities, and water facilities.
3. Non-Municipal Governmental projects.
4. Municipal projects when the City Council finds that, based upon the characteristics of the project or the project budget, it is in the best interests of the Morgan Hill community to do so.
18.78.030 – Contribution Requirements.
A. Program Allocation.
1. Commercial, industrial, moderate-income and above moderate-income residential, and municipal development projects subject to the provisions of this Chapter shall expend not less than one percent (1%) of building development construction valuation, to a maximum of one million dollars ($1,000,000), acquiring and installing on-site artwork.
2. Non-profit organizations and lower-income affordable housing development projects subject to the provisions of this Chapter shall expend not less than one-half percent (0.5%) of building development construction valuation, to a maximum of five hundred thousand dollars ($500,000), acquiring and installing on-site artwork.
B. In-lieu Payments. In lieu of acquiring and installing on-site artwork as required under Section 18.78.030.A, the applicant, at the applicant's discretion, may pay into the Morgan Hill Public Art Fund a public art in-lieu contribution in an amount equal to one hundred percent (100%) of the program allocation. If an applicant chooses to make the public art inlieu payment, the applicant must make that choice prior to final approval of the development project application and fully pay the public art in-lieu payment to the City prior to the issuance of the first building permit for the development project for which the contribution is required.
C. If the applicant chooses to acquire and install on-site artwork, and the value of the on-site artwork is less than one hundred percent (100%) of the program allocation, the applicant shall pay into the Morgan Hill Public Art Fund the difference between one hundred percent (100%) of the program allocation and the value of the on-site artwork.
18.78.040 – Public Art Requirements
A. On-site artwork shall be installed on the development project site in a location that allows the artwork to be visible and accessible by the public, such as the adjacent right-of-way.
B. On-site artwork shall be permanently sited and an integral part of the landscaping and/or architecture of a building considering the historical, geographical, and social/cultural context of the site or community.
City of Morgan Hill
Ordinance No. 2359, New Series
C. On-site artwork shall be constructed of materials that are appropriate for the proposed location and to a scale that is proportional to the scale of the building or property it relates to or is sited upon.
D. On-site artwork installations required by Section 18.78.030 may include:
1. Graphic and multi-media: Printmaking, drawing, calligraphy and photography including digital, any combination of forms of electronic media including sound, film, holographic, and video and other art forms but only when on a large public scale;
2. Interactive art pieces;
3. Mixed Media: Any combination of forms or media, including collage;
4. Mosaics;
5. Painting: All media, including but not limited to, murals;
6. Performance spaces, including indoor or outdoor stages and amphitheaters.
7. Public art gardens;
8. Sculpture; such as in the round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials, including glass and neon;
9. Waterworks; and
10. Any other artwork determined by the City Council to satisfy the intent of this section.
E. The following facilities and artwork shall not be eligible to satisfy the requirements for onsite artwork:
1. Mass-produced, standard design art objects such as playground equipment, benches or fountains;
2. Decorative or functional architectural elements designed solely by the project architect;
3. Directional elements such as super graphics, signage, or color coding;
4. Logos or corporate identity;
5. Reproduction, by mechanical or other means, of original works of art; and
6. Art that signifies political or religious affiliations.
18.78.050 – Program Administration
A. Projects subject to the public art requirement shall declare their intention to install public art on-site or to contribute to the in-lieu fund as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. If an applicant chooses to install public art on-site, the applicant shall identify the proposed location(s) of the on-site public art on the submitted plans.
B. Application Requirements. An application for the installation of on-site artwork shall be submitted to the Development Services Department on forms furnished for that purpose and shall include the following information, as applicable:
City of Morgan Hill
Ordinance No. 2359, New Series
1. Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;
2. A sample, model, photograph(s), or drawing(s) of the proposed on-site artwork;
3. Material samples and finishes, if appropriate;
4. The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;
5. A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by Section 18.78.050.E;
6. An itemized budget declaring the valuation of the on-site artwork pursuant to Section
18.78.070;
7. A maintenance plan for the on-site artwork;
8. Any such additional information or materials as may be required by the Development Services Director; and
9. Application processing fees.
C. Art Installations. The Planning Division shall review the location of the proposed art installation as part of the project design approval process, or the submission of building permits, if no design approval is required for the project. The Library, Culture, and Arts Commission shall review the proposed artwork.
D. City Commissioned Public Art Project Installations. The Library, Culture, and Arts Commission shall review the proposed artwork and provide a recommendation to the City Council. The City Council shall review and act on all City commissioned public art projects.
E. Findings. In order to approve an on-site artwork application, the Library, Culture, and Arts Commission must make all of the following findings:
1. The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.
2. There is sufficient public visibility and accessibility to the on-site artwork, and the proposed on-site artwork is compatible with and harmonious with the development project and surrounding environment.
3. The proposed on-site artwork is durable and cost effective to maintain using ordinary methods of maintenance.
4. The budget for the proposed on-site artwork and any in-lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation.
F. In-lieu Fee Collection. The City’s Engineering Division shall be responsible for collecting the in-lieu fee prior to building permit issuance for nonresidential developments, and prior to certificate of occupancy for residential developments.
G. Administration. The City’s Public Services Department shall be responsible for the
City of Morgan Hill
Ordinance No. 2359, New Series
administration of the Public Art Fund.
18.78.060 – Maintenance Obligations
A. The property owner on which the on-site artwork is located shall maintain, or cause to be maintained, in good condition the on-site artwork continuously after its installation and shall perform necessary maintenance thereto to the satisfaction of the City. The maintenance obligations of the property owner shall be incorporated into the conditions of approval for the on-site artwork and shall be reflected in an agreement between the City and the owner of the property on which the on-site artwork shall be located and the agreement shall be recorded against the property prior to building permit issuance or final map approval, whichever occurs first.
B. Should the property owner wish to remove the on-site artwork, the City must be notified in advance. The property owner shall replace the on-site artwork with on-site artwork of equal or greater value subject to the approval of the City, and consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law.
18.78.070 – Included and Excluded Expenses
A. The following expenses may be included in the budget for the program allocation for onsite artwork:
1. The on-site artwork itself, including the artist's fee for design, acquisition, purchase, structural engineering and fabrication;
2. Transportation and installation of the on-site artwork at the development project site;
3. Artwork identification signs; and
4. Mountings, anchorages, containments, pedestals, bases, or materials necessary for installation of the on-site artwork.
B. The following expenses shall not be included in the budget for the program allocation for on-site artwork:
1. The cost of locating the artist(s);
2. Architect and landscape architect fees;
3. Land costs;
4. Landscaping around the on-site artwork not integral to its design;
5. Publicity, public relations, photographs, or dedication ceremonies;
6. Utility fees associated with activating the artwork; and
7. Illuminating the on-site artwork if not integral to the design.
18.78.080 – Use of In-Lieu Fee Funds
Public Art funds collected pursuant to this Chapter may be used for the following activities:
A. For the design, acquisition, purchase, commission, installation, placement, improvement, relocation, conservation, and insurance of artwork acquired by the City with the preference
City of Morgan Hill
Ordinance No. 2359, New Series
to commission public art from a local artist;
B. For preventative care, maintenance, and utility charges related to the artwork and real property purchase;
C. For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City; D. For costs associated with administering the public art program; E. Structures that enable the display of artwork(s); artistic design and fabrication fees; labor of assistants, materials, and contracted services required for the production and installation of the work of art; any required permit or certificate fees, business and legal costs directly related to the project; and
F. Preparation of site to receive artwork.
Section 2. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.
Section 3. Effective Date; Posting. This Ordinance shall take effect on the 31st day following adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.
THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 20TH DAY OF NOVEMBER, 2024, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 4TH DAY OF DECEMBER, 2024, AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
______________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Ordinance No. 2359, New Series
CERTIFICATE OF THE CITY CLERK
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 Ordinance No. 2359, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 4th day of December, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk
6 CITY COUNCIL STAFF REPORT
MEETING DATE: December 4, 2024
PREPARED BY:
David Gittleson, Associate Engineer
APPROVED BY: City Manager
APPROVE ACQUISITION OF SEWER EASEMENT (NGUYEN) APN 841- 03-062 FOR THE SEWER RELIEF TRUNK LINE PROJECT
RECOMMENDATION(S)
1. Authorize the City Manager to acquire the sewer easement (3,306 square feet), APN 841-03-062, for $17,000 plus escrow and closing costs from Hung Nguyen, Hong Le, Van Nguyen, and Long Nguyen for the Sewer Relief Trunk Line Project; and
2. Authorize the City Manager to execute all documents and make minor modifications, with the approval of the City Attorney, as necessary in order to consummate the transaction.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Morgan Hill 2035 General Plan
Wastewater System Master Plan
REPORT NARRATIVE:
As part of the Sewer Relief Trunk Line Project (Attachment 1-Project Location), the City needs to obtain one remaining sewer easement along the proposed sewer trunk alignment prior to completing the design. The easement needed is from the Nguyen Family at 395 Lewis Street in Gilroy (APN 841-03-062). The City has been working with the Nguyen Family since December 2021 to obtain the necessary easement and has reached an agreement to purchase the 3,306 square foot sewer easement for $17,000 (Attachment 2-Nguyen Sewer Agreement).
6 Staff recommends that City Council approve the Nguyen Family easement purchase as:
1) the easement is required for the project, 2) the property owner is a willing seller, and 3) the cost to litigate would be substantially greater. The purchase price is $17,000 plus escrow, closing costs, and title insurance.
With City Council's approval of the Nguyen Family easement, staff will have completed the acquisition of all necessary sewer easements for the project and can now finalize the construction plans and prepare to bid the project in early 2025.
COMMUNITY ENGAGEMENT:
Inform
Numerous community engagement and design meetings were held throughout the early planning and design phases of the project. In addition, the Environmental Report process also included opportunities for the community to provide input regarding the scope, content, and potential environmental impacts from the project.
ALTERNATIVE ACTIONS:
No feasible alternative options. Without the sewer easements, the City would not be able to install the sewer relief trunk line as designed. The current alignment was previously approved by the City of Gilroy. Changing the alignment now would be cost prohibitive and would not guarantee that other easements would not be required.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On May 4, 2016, City Council approved a design agreement with HydroScience Engineers, Inc. for $651,760 for the preparation of design plans and specifications for the sewer trunk segment between Highland and Cohansey.
On April 19, 2017, City Council approved a First Amendment with Hydroscience Engineers, Inc. for $521,900 to accelerate the design and complete the design to Renz Lane in Gilroy.
On December 15, 2021, City Council approved a Fourth Amendment with Hydroscience for an additional $75,000 and approved and certified the project Mitigated Negative Declaration.
On November 16, 2022, City Council approved the acquisition of the Patel sewer easement for the Sewer Relief Trunk Line Project.
On August 23, 2023, City Council approved the acquisition of the Tsai sewer easement for the Sewer Relief Trunk Line Project.
On October 23, 2024, City Council approved the acquisition of the PG&E sewer easement for the Sewer Relief Trunk Line Project.
On November 20, 2024, City Council approved the acquisition of the City of Gilroy sewer easement for the Sewer Relief Trunk Line Project.
6 FISCAL AND RESOURCE IMPACT:
Fiscal:
Sufficient funds for the $17,000 sewer easement acquisition plus escrow and closing costs, estimated at $2,000, have been budgeted for the project. Thus, the total price to acquire the easement is roughly $19,000. The project is budgeted in the approved Fiscal Year 2024-25 through 2029-30 Capital Improvement Program, under CIP WW3008 in the Sewer Impact Fund (641).
CEQA (California Environmental Quality Act):
Not a Project
The sewer easement acquisition is not considered a project, as defined in Section 15378 of the State CEQA Guidelines. However, the Sewer Relief Trunk Line project itself is a project. David J. Powers prepared an Initial Study and the City Council approved and certified a mitigated negative declaration at the December 15, 2021 City Council meeting.
Public Services Department
CIP Engineering Division
ACQUISITION OF NGUYEN
SEWER EASEMENT 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\sewereasement.mxd
FOREST
ST
CHESTNUT
ST
R.R
LEWIS ST
EASEMENT LOCATION
GRANTOR: Nguyen
PROJECT NAME: SEWER TRUNK LINE
APN: 841-03-062
City of Morgan Hill
EASEMENT PURCHASE
AGREEMENT
This Easement Purchase Agreement (the “Agreement”) is between Hung Q. Nguyen and Hong T. Le, husband and wife and Van H. Nguyen, an unmarried woman and Long H. Nguyen, an unmarried man, all as joint tenants (“PROPERTY OWNER” or “GRANTOR”) and the City of Morgan Hill, a municipal corporation (“CITY” or “GRANTEE”). GRANTOR and GRANTEE may collectively be referred to as Parties.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed by the Parties as follows:
1. Entire Agreement
The Parties have herein set forth the whole of their agreement. GRANTOR is the owner of the real property in the City of Gilroy, County of Santa Clara, State of California, described in the Trust Transfer Deed recorded February 25, 2021, in Document No. 24846770 of Official Records, Santa Clara County Records. GRANTOR agrees to sell and GRANTEE agrees to purchase a sanitary sewer easement as described in Exhibits A and B, being a portion of property in Santa Clara County APN 841-03-062 (“EASEMENT”) for use by GRANTEE on the Sewer Trunk Line Project (“PROJECT”). Specifically, GRANTOR agrees to grant the EASEMENT on the terms and conditions set forth in this Agreement. The form of the EASEMENT is attached hereto as Exhibit C.
2. Public Purpose
CITY and GRANTOR acknowledge and agree that the EASEMENT being acquired hereunder is for public use and is necessary for the construction, operation and maintenance of the PROJECT, a public project.
3. Consideration
The payment as described herein is the total compensation to be paid to GRANTOR. No additional compensation shall be paid to the GRANTOR by the GRANTEE.
4. Delivery of Documents
Prior to or concurrently with the execution of this Agreement, GRANTOR shall execute and deliver the Sanitary Sewer Easement suitable for recordation to the Old Republic Title Company (“ORTC”) located at 18625 Sutter Boulevard #950, Morgan Hill, CA 95037, conveying from GRANTOR to CITY the EASEMENT as indicated in Exhibits A and B, incorporated herein by this reference, covering the property particularly described therein. GRANTOR agrees to execute all other documents necessary to complete the transaction transferring EASEMENT from GRANTOR to GRANTEE. GRANTEE shall not be deemed to have accepted delivery of the EASEMENT until such time as the EASEMENT is approved and accepted by the City Council of the City of Morgan Hill.
5. Purchase Price and Title
GRANTOR: Nguyen
PROJECT NAME: SEWER RELIEF TRUNK LINE
APN: 841-03-062
A. The purchase price for the sanitary sewer easement is $17,000.00. CITY shall pay the sum of Seventeen Thousand Dollars ($17,000.00) for the EASEMENT identified in Exhibits “A” and “B” attached hereto and made a part hereof, to ORTC within thirty (30) days of the Parties’ execution of this Agreement, for the account of the GRANTOR, conditioned upon the EASEMENT vesting in CITY. free and clear of all liens, leases, encumbrances, (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY. ORTC shall disburse said payment to GRANTOR immediately upon recordation of the EASEMENT via wire transfer with wire instructions to be provided by GRANTOR.
B. CITY shall pay all escrow, recording and title insurance charges, if any, incurred in this transaction.
C. CITY shall have the authority, prior to the close of escrow, to deduct and pay from the amount shown in Clause 5A herein any amount necessary to satisfy any liens, bond demands and delinquent taxes due, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent taxes and assessments, which may have become a lien at the close of escrow. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code if unpaid at the close of escrow.
D. If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR’S proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. Close of escrow for this transaction shall be contingent upon the title company receiving necessary documentation from any deed of trust or mortgage holder trustees and beneficiaries to subordinate the current loan secured by the deed of trust.
6. Improvements
Except as may be otherwise provided herein, the purchase price for the EASEMENT includes compensation for any and all improvements on the land. The land acquisition area is currently vacant with no improvements.
7. Permission to Enter Grantor’s Property and Right of Possession It is agreed and confirmed by the Parties hereto that, notwithstanding the other provisions in this Agreement, the right of possession and use of the EASEMENT by CITY, and/or its designees or assignees, including the right to install and connect utilities, shall commence on the execution of this Agreement by the Parties. CITY shall keep GRANTOR reasonably informed of its work, including the anticipated commencement date and schedule for such work.
8. City Performed Work
All work done under this Agreement or the Easement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner.
9. Hazardous Wastes
GRANTOR: Nguyen
PROJECT NAME: SEWER RELIEF TRUNK LINE
APN: 841-03-062
The acquisition price of the EASEMENT being acquired in this transaction reflects the fair market value of the EASEMENT without the presence of contamination. If the EASEMENT being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the CITY may elect to recover its clean-up costs from those who caused or contributed to the contamination. GRANTOR shall further indemnify, defend, save and hold harmless the CITY from any and all claims, costs and liability, including reasonable attorney's fees, for any damage, injury or death to persons or property arising directly or indirectly from or connected with the existence of toxic or hazardous material on the EASEMENT, save and except claims, costs or litigation arising through the sole willful misconduct of the CITY, its agents or employees.
10. Insurance.
GRANTEE will require contractors performing work on the PROJECT to provide coverage in the following amounts:
A. General Liability Insurance (“CGL”). Contractor shall maintain CGL and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the work against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) two million dollars ($2,000,000.00) combined single limit each occurrence and either a general aggregate limit of four million dollars ($4,000,000.00) or a general aggregate limit of two million dollars ($2,000,000.00) as applied on a “per project” or “per location” basis, or (ii) the maximum amount of such insurance available to Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
i) CGL policy may not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
ii) CGL policy must include contractor’s protected coverage, blanket contractual, and completed operations.
B. Builder’s Risk Insurance: The Builder’s Risk Insurance policy must be issued on occurrence basis, for all-risk coverage (including Flood and Earthquake) on a one hundred percent (100%) completed value basis on the insurable portion of the PROJECT for the benefit of CITY.
C. Workers’ Compensation Insurance and Employer’s Liability: Contractor shall maintain Workers Compensation coverage, as required by law. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act and provide protection 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 Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.
D. Automobile Liability: Contractor shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if Contractor does not own automobiles, then
GRANTOR: Nguyen
PROJECT NAME: SEWER RELIEF TRUNK LINE
APN: 841-03-062
Contractor shall maintain Hired/Non-owned Automobile Liability) 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, or (ii) the maximum amount of such insurance available to Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
E. Pollution (Environmental) Liability: If the performance of Contractor’s work or service under this Contract involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, Contractor shall procure and maintain Pollution Liability covering Contractor'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 Contract. 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 Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
F. Professional Liability: If the performance of Contractor’s work or service under this Contract involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, legal services, and appraisers), Contractor 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 Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if Contractor maintains a claims-made policy, Contractor shall provide written evidence of such insurance to CITY for at least five (5) years after the completion of work performed under this Contract.
11. Project / Easement Maintenance
CITY shall, at all times and at its sole cost and expense, maintain in a good and workmanlike manner, any structures, sewer lines, utilities or other improvements owned and operated by the CITY of any kind or nature installed by, placed upon, or otherwise constructed by or through the CITY at the subject EASEMENT.
12. Binding on Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the Parties to this Agreement.
13. No Leases
GRANTOR warrants that there are no oral or written leases on all or any portion of the EASEMENT area exceeding a period of one month that would prevent the CITY from installing the PROJECT underground.
GRANTOR: Nguyen
PROJECT NAME: SEWER RELIEF TRUNK LINE
APN: 841-03-062
14. Approval of City Council
GRANTOR understands that this Agreement is subject to the approval of City Council. Further, that this Agreement shall have no force or effect unless and until said CITY approval has been obtained.
15. Authority to Sign
GRANTOR and the signatories represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey real property and that no other authorizations are required to implement this Agreement on behalf of GRANTOR.
16. Integrity of Property
Except as otherwise provided herein or by express written permission granted by CITY, GRANTOR shall not after the date of execution of this Agreement and before the close of escrow, alienate, lien, encumber or otherwise transfer the EASEMENT or any portion thereof or allow the same to occur, cause or allow any physical changes on the EASEMENT, or enter into any lease or contract with respect to the EASEMENT or any portion thereof which would survive the close of escrow and impair CITY’s use of the EASEMENT. GRANTOR shall maintain the EASEMENT in its current condition and shall make, at GRANTOR’s expense, all repairs necessary to maintain the EASEMENT in such condition.
17. Casualty or Loss
If, prior to the close of escrow, GRANTOR becomes aware that all or any material portion of the EASEMENT has been destroyed, or substantially damaged, GRANTOR shall promptly give CITY written notice of the event, and CITY, at its option, may, on or before the close of escrow, elect to terminate this Agreement by giving GRANTOR written notice of termination, in which event the Parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder. If CITY elects to complete the transactions contemplated in this Agreement, the Agreement shall remain in full force and effect and the purchase contemplated herein shall be consummated with no further adjustment or modification, and at the close of escrow , GRANTOR shall assign, transfer, and set over to CITY all of the right, title, and interest of GRANTOR in and to any insurance proceeds resulting from any casualty or any awards that have been or may thereafter be made. Such set over may be made at close of escrow by crediting the amounts of any such proceeds and/or awards against the amounts by CITY for the property acquisition under this Agreement.
18. Counterparts Signature
This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement.
19. Specific Performance and Other Remedies
The Parties understand that the interests and rights being conveyed by this Agreement are unique and for that reason, among others, the Parties will be irreparably damaged in the event that this Agreement is not specifically enforced. Accordingly, in the event of any controversy concerning the obligations under this Agreement, such obligation shall be enforceable by a decree of specific performance or by injunction. Such remedies and all other rights and remedies set forth herein
GRANTOR: Nguyen
PROJECT NAME: SEWER RELIEF TRUNK LINE
APN: 841-03-062
shall be cumulative and not exclusive, and shall be in addition to any and all other remedies which the Parties may have hereunder at law or in equity.
20. Severability
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired or invalidated in any way.
21. Governing Law and Venue
This Agreement shall be governed by and 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.
22. Notices
All notices and demands shall be given in writing either by personal service or by registered or certified mail, postage prepaid, and return receipt requested. Notice shall be considered given when mailed. Notices shall be addressed as shown below for each party:
City of Morgan Hill
Development Services Center
David Gittleson, P.E.
17575 Peak Avenue
Morgan Hill, CA 95037
Hung Q. Nguyen & Hong T. Le
11485 New Avenue
Gilroy, CA 95020
With Copy To:
GRANTOR: Nguyen
PROJECT NAME: SEWER RELIEF TRUNK LINE
APN: 841-03-062
23. Independent Legal Advice
Each party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first written herein below.
CITY:
City of Morgan Hill
A Municipal Corporation
GRANTOR:
Hung Q. Nguyen and Hong T. Le, husband and
wife and Van H. Nguyen, an unmarried woman
and Long H. Nguyen, an unmarried man, all as
joint tenants
BY:
Christina Turner Title: City Manager
Date:
APPROVED AS TO FORM:
By:
Donald Larkin
Title: City Attorney
Date:
By:
Hung Q. Nguyen, Husband
Date:
By:
Hong T. Le, Wife
Date:
By:
Van H. Nguyen
Date:
By:
Long H. Nguyen
Date:
June 21, 2021
HMH 4897.00.272
489700LD02 - SSE.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
SANITARY SEWER EASEMENT
REAL PROPERTY in the City of Gilroy, County of Santa Clara, State of California, being a portion of that parcel of land described in the Grant Deed recorded July 26, 2016, in Document No. 23380657 of Official Records, Santa Clara County Records, described as follows:
BEGINNING at northeasterly corner of said parcel of land being on the westerly line of Chestnut Street;
Thence along said westerly line and the northerly line of Lewis Street the following two courses:
1. Thence South 19°17'56" East, 220.38 feet;
2. Thence South 70°40'36" West, 15.00 feet, to a line parallel with and 15 feet westerly of the westerly line of Chestnut Street;
Thence along said parallel line, North 19°17'56" West, 220.38 feet, to the northerly line of said parcel of land;
Thence along said northerly line, North 70°40'36" East, 15.00 feet, to the POINT OF BEGINNING.
Containing 3,306 square feet or 0.08 acres, more or less.
As shown on Exhibit “B" attached hereto and made a part hereof.
This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.
Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720
EXHIBIT C
1 July 2024
RECORDING REQUESTED BY:
CITY OF MORGAN HILL
WHEN RECORDED MAIL DOCUMENT TO:
CITY CLERK
CITY OF MORGAN HILL
17575 PEAK AVENUE
MORGAN HILL, CA 95037
RECORD AT NO FEE PER GOVERNMENT
CODE SECTIONS 6103 & 27383
APN 841-03-062 SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF SANITARY SEWER EASEMENT
Hung Q. Nguyen, Hong T. Le, husband and wife and Van H. Nguyen and Long H. Nguyen as owners of the property APN 841-03-062 (Grantor), hereby grants to the City of Morgan Hill, a municipal corporation of the State of California (Grantee), a non-exclusive easement for sanitary sewer purposes over, under, and upon those certain areas of land, with the right to enter upon the easement at any time for inspection, installation, construction, repair and maintenance thereof, located within the easement area as described in Exhibit A and Exhibit B,.
These easements shall be kept open and free from buildings, and structures of any kind except public service structures, irrigation systems, and appurtenances thereto, lawful fences, and all lawful unsupported roof overhangs.
Executed the day and year first above written.
GRANTOR:
By:
Name: Hung Q. Nguyen
Title:
By:
Name: Hong T. Le
Title:
By:
Name: Van H. Nguyen
Title:
Title:
By:
Name: Long H. Nguyen
June 21, 2021
HMH 4897.00.272
489700LD02 - SSE.docx
1570 Oakland Road | San Jose, California 95131 | (408) 487-2200 | (408) 487-2222 Fax | www.HMHca.com EXHIBIT “A”
SANITARY SEWER EASEMENT
REAL PROPERTY in the City of Gilroy, County of Santa Clara, State of California, being a portion of that parcel of land described in the Grant Deed recorded July 26, 2016, in Document No. 23380657 of Official Records, Santa Clara County Records, described as follows:
BEGINNING at northeasterly corner of said parcel of land being on the westerly line of Chestnut Street;
Thence along said westerly line and the northerly line of Lewis Street the following two courses:
1. Thence South 19°17'56" East, 220.38 feet;
2. Thence South 70°40'36" West, 15.00 feet, to a line parallel with and 15 feet westerly of the westerly line of Chestnut Street;
Thence along said parallel line, North 19°17'56" West, 220.38 feet, to the northerly line of said parcel of land;
Thence along said northerly line, North 70°40'36" East, 15.00 feet, to the POINT OF BEGINNING.
Containing 3,306 square feet or 0.08 acres, more or less.
As shown on Exhibit “B" attached hereto and made a part hereof.
This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act.
Date: __________________ __________________________
Tracy L. Giorgetti, LS 8720
APN 841-03-062
2 July 2024
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated ____ from Hung Q. Nguyen, Hong T. Le, and Van H. Nguyen to the City of Morgan Hill, a governmental agency, is hereby accepted by order of the City Council by the undersigned officer or agent on behalf of the Council pursuant to authority conferred by Resolution No. of the Morgan Hill City Council adopted on , and the grantee consents to the recordation thereof by its duly authorized officer.
Recommended for Approval
_______________________________
Scott C. Creer, City Engineer
City of Morgan Hill
___________________________
Christina J. Turner, City Manager
Date: __________________
3 July 2024
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20____, before me, a Notary Public in and
for said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20____, before me, a Notary Public in and
for said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
(ABOVE AREA FOR NOTARY SEAL)
7 CITY COUNCIL STAFF REPORT
MEETING DATE: December 4, 2024
PREPARED BY:
Maria Angeles, Senior Civil Engineer
APPROVED BY: City Manager
APPROVE THE FIRST AMENDMENT TO THE IMPROVEMENT
AGREEMENT FOR THE BLUEWAVE EXPRESS CAR WASH PROJECT
LOCATED AT 18625 MONTEREY ROAD (APN: 764-10-008)
RECOMMENDATION(S)
1. Approve the First Amendment to the Improvement Agreement for the BlueWave Express Car Wash Project;
2. Authorize the City Manager to execute the First Amendment to the Project’s Improvement Agreement with BW Morgan Hill, LLC; and
3. Authorize the recordation of the First Amendment to the Improvement Agreement.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land 2024-2025 Strategic Priorities
Economic Development and Tourism
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:
The BlueWave Express Car Wash Project is a proposed drive-through, self-service, automated car wash located on the northwest corner of the Monterey Road and Cochrane Road intersection (see attached Site Map – Attachment 1).
The Project’s Improvement Agreement was approved by the City Council on December 2, 2020 and was recorded with the Santa Clara County Recorder on January 15, 2021.
The public improvements to be constructed as part of this project include the street improvements along the project’s Monterey Road frontage and minor traffic signal modifications at the Monterey Road and Cochrane Road intersection.
The development/building permit for this project was issued on October 25, 2021 and
7 the public improvements should have been completed by April 25, 2022. The Improvement Agreement is now expired and the property owner/developer, BW Morgan Hill, LLC, has requested an extension of the Improvement Agreement. The property owner/developer has made good faith efforts to complete the public improvements.
However, due to the project’s original contractor pulling out of the project, construction has been significantly delayed. The City Attorney has recommended an amendment to the agreement versus a new agreement as it will be more efficient and cost effective for the City.
Staff recommends an extension of the Improvement Agreement and the completion of the public improvements by an additional six months from the date of the property owner/developer's request, dated October 31, 2024, with a new expiration date of April 30, 2025.
Staff also recommends that City Council authorize the City Manager to sign and record the First Amendment to the Improvement Agreement (Attachment 2) on behalf of the City.
COMMUNITY ENGAGEMENT:
Inform
This report serves to inform the community of the recommended amendment to the BlueWave Express Car Wash Project’s Improvement Agreement.
ALTERNATIVE ACTIONS:
The City Council could decide not to approve the amendment to the Improvement Agreement. The Developer will then be required to enter into a new Improvement Agreement with the City to complete the remaining public improvements required of the project.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On October 23, 2018, the Planning Commission approved a Conditional Use Permit (UP2018-0004) to allow the proposed car wash on the site.
On December 2, 2020, City Council approved the Improvement Agreement with BW Morgan Hill, LLC.
FISCAL AND RESOURCE IMPACT:
Development review costs for this project are paid for from development processing fees.
CEQA (California Environmental Quality Act):
Categorical Exemption
Pursuant to CEQA Section 15301, Existing Facility.
7
©2019 County of Santa Clara, all rights reserved,
O
0 100 200 400 600 800
Feet
SITE MAP
BLUEWAVE EXPRESS CAR WASH
APN: 764-10-008
BLUEWAVE
EXPRESS CAR WASH
Land Development Engineering
Public Services Department
COCHRANE RD
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO
CITY OF MORGAN HILL
City Clerk's Office
17575 PEAK AVENUE
MORGAN HILL, CA 95037
(RECORD AT NO FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383) THE AREA ABOVE IS RESERVED FOR RECORDER'S USE
FIRST AMENDMENT TO IMPROVEMENT AGREEMENT
BW Morgan Hill, LLC, a California limited liability company APN 764-10-008
BlueWave Express Car Wash
THIS FIRST AMENDMENT TO THE IMPROVEMENT AGREEMENT ("AMENDMENT") is dated as of this day of , 2024, is entered into by and between the CITY OF MORGAN HILL, a California municipal corporation ("CITY"), and BW Morgan Hill, LLC, a California limited liability company ("PROPERTY OWNER"). CITY and PROPERTY OWNER are collectively referred to as the "Parties".
RECITALS
The following recitals are a substantive portion of this FIRST AMENDMENT:
1. This AMENDMENT is entered into pursuant to the authority of the action of the City Council on , 2024.
2. The CITY and PROPERTY OWNER entered into that Improvement Agreement (IMPROVEMENT AGREEMENT) on December 8, 2020 to develop the property located at 18625 Monterey Road in Morgan Hill, California (APN 764-10-008) as a development project designated as BlueWave Express Car Wash ("Project"). The IMPROVEMENT AGREEMENT was recorded on January 15, 2021 with the Santa Clara County Recorder as document number 24789221.
3. Chapter 12.02 of the Morgan Hill Municipal Code requires improvements as described in the IMPROVEMENT AGREEMENT be installed as part of the Project.
4. Pursuant to Section 1 of the IMPROVEMENT AGREEMENT, the PROPERTY OWNER was required to perform and complete all improvements within six months from the date of the issuance of the Development Permit.
5. Pursuant to Section 4 of the IMPROVEMENT AGREEMENT, the City Manager may extend the deadline for completion by not more than six (6) months at her reasonable
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF MORGAN HILL
17575 PEAK AVENUE
MORGAN HILL, CA 95037
RECORD AT NO FEE PURSUANT TO GOVERNMENT
CODE SECTION 273 83)
THE AREA ABOVE IS RESERVED FOR RECORDER' S USE
24789221
Regina Alcomendras
Santa Clara County - Clerk -Recorder
01/ 15/ 2021 12: 29 PM
Titles: 1 Pages: 22
Fees: $ 0. 00
Taxes: $ 0
Total: $ 0. 00
iii KIF.?r'Zl 91814WAIIATAI it kilk iMU'A 11 11
IMPROVEMENT AGREEMENT
BW Morgan Hill, LLC, a California Limited Liability Company 18625 Monterey Road
APN: 764- 10- 008
BlueWave Express Car Wash
THIS AGREEMENT is made on this
j
t day of b/Y 20 j , by the CITY OF MORGAN
HILL, a municipal corporation (" CITY"), and W MORGAN HILL, LLC, a California Limited Liability Company (" PROPERTY OWNER").
RECITALS
The following Recitals are a substantive part ofthis Agreement:
1. This Agreement is entered into pursuant to Morgan Hill Municipal Code Chapter 12.02.
2. PROPERTY OWNER has filed a Development Application and supporting documents on the property with the address of 18625 Monterey Road, and the APN: 764- 10- 008 having the development name of BlueWave Express Car Wash (" Development").
3. CITY requires as a condition of approval of the Development Permit, as described on said permit, that certain improvements be installed by PROPERTY OWNER as shown on the fully executed Development Improvement Plans entitled Monterey Road - Offsite Improvement Plans for BlueWave Express Car Wash (" Improvements"), on file with CITY and incorporated herein by this reference.
4. PROPERTY OWNER has been unable to complete, prior to the issuance of the Development Permit, all of the Improvements required by CITY to the satisfaction of the City Engineer.
5. PROPERTY OWNER is required by the terms of the Morgan Hill Municipal Code to improve all streets, highways, or public areas which are part of the Development, including but not limited to necessary paving, curbs, sidewalks, catch basins, water mains, culverts, storm drains, and sanitary sewers, in accordance with the plans and specifications on file with the City Engineer.
Version: July 2020
6. To assure CITY that PROPERTY OWNER will complete all the work and Improvements required for the Development, the parties have entered into this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement. This term of this Agreement shall be six (6) months from the date of issuance of the Development Permit (" Term") unless extended by written agreement.
2. Improvements. PROPERTY OWNER agrees to construct the Improvements in a good and workmanlike manner in accordance with the plans and documents filed with and approved by CITY in conjunction with the Development, all of which are incorporated herein by reference. These items of the Improvements shall be completed, constructed and installed at PROPERTY OWNER' s sole expense unless agreed to otherwise by CITY.
3. Rights - of -Way. Except as otherwise provided by this Agreement, CITY can hold without acceptance or recordation all lands, rights- of-way, and easements offered for dedication. All such offers shall, however, remain open, and shall constitute irrevocable offers of dedication in accordance with the Government Code. All such offers may be accepted and recorded by CITY in its sole discretion at any later date without further notice to PROPERTY OWNER as provided by law. By way of explanation only, it is the current intention of CITY to accept all or part of the irrevocable offers to dedicate upon acceptance of the Improvements called for in this Agreement.
4. Improvements: Time Limits. PROPERTY OWNER agrees to cause all Improvements to be made and constructed to comply with all requirements of Morgan Hill Municipal Code Chapter 12. 02, according to the improvement plans for the Development approved by the City Engineer and including any changes or alteration in the Improvements required by the City Engineer. The Improvements shall be completed utilizing CITY standards and specifications. PROPERTY OWNER agrees to complete the Improvements prior to the expiration of this Agreement, or the issuance of the certificate of occupancy, whichever is earlier; provided however, the City Manager may extend the deadline for completion by not more than six ( 6) months at his or her reasonable discretion and determination that granting the extension will not be detrimental to the public welfare. No extension of this deadline for completion shall be made except upon the basis of a written application made by PROPERTY OWNER stating fully the ground for the application and the facts relied upon for an extension.
It is further agreed by and between PROPERTY OWNER and CITY that any extension granted shall in no way affect the validity of this Agreement or release the surety( ies) on any bond attached hereto or the financial institution guaranteeing the same. PROPERTY OWNER further agrees to maintain the securities described in Section 6 in full force and effect during the terms ofthis Agreement, including any extensions of time as may be granted, and until such time as the Improvements have been accepted for maintenance by CITY.
In the event that PROPERTY OWNER shall fail to complete the Improvements within the time provided by this Agreement, CITY may in its sole discretion and in addition to any other remedy provided in this Agreement or by law, enter upon the Development and complete the Improvements and recover the full cost and expense of construction from PROPERTY OWNER, PROPERTY OWNER' s successors and 2 Version: July 2020
assigns, PROPERTY OWNER' s Performance/ Labor & Material Bonds associated with this Development, or from the then owner of the Development, and/ or place a lien upon the Development property for the cost and expense. Any and all CITY costs shall include but not be limited to administrative and attorney costs.
5. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Improvements is to be constructed or installed on land not within the Development or already existing public right- of-way, no construction or installation shall be commenced before the irrevocable offer of dedication or conveyance to CITY of appropriate rights- of-way, easements or other interest in real property, and appropriate authorization from PROPERTY OWNER to allow construction or installation of the Improvements or work has been obtained and paid for by PROPERTY OWNER.
6. Bond Requirements. To secure the performance of each Improvement required under this Agreement and to ensure full payment to all persons furnishing or supplying labor or materials for each Improvement required, PROPERTY OWNER shall provide to CITY concurrently with the execution of this Agreement, payment and performance bonds each in the amount of 100% of the total estimated cost of the Improvements as determined by the City Engineer,. A performance bond to secure faithful performance of this Agreement as required by Section 12. 02. 160 of the Morgan Hill Municipal Code for performance shall be provided in substantially the form set forth in Exhibit B. A payment bond to secure full payment to all persons furnishing or supplying labor or materials as required by Section 12. 02. 160 of the Morgan Hill Municipal Code for labor and materials shall be provided in substantially the form set forth in Exhibit C. PROPERTY OWNER shall provide an additional guarantee and warranty security ( in substantially the form set forth in Exhibit D) of fifty ( 50%) percent of the cost of construction of the Improvements to guarantee and warranty the Improvements for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, as required by Section 12. 02. 170 of the Morgan Hill Municipal Code.
Improvements and the City Engineer' s Estimated Costs of Improvements as of December 10, 2019 are attached hereto as Exhibit " A".
Any bonds submitted under this Agreement shall be executed by a surety company authorized to write the same in the State of California, and subject to the review and approval of the City' s risk manager. All required securities shall be in a form approved by the City Attorney. The bonds shall be executed on CITY forms by a surety authorized to do business in the State of California and shall be approved by the City Attorney and the City Engineer. Submittal of the Performance/ Labor & Material Bonds is a requirement prior to CITY' s issuance of an encroachment permit to do work in CITY' s right- of-way. Submittal of the Warranty Bond is a requirement prior to the City Engineer' s consideration of acceptance of the public improvements.
Note: If Cash Deposit Agreement Guaranteeing Improvements is utilized for security purposes, the Cash Deposit Agreement amount shall be two hundred ( 200%) percent of the aforementioned City Engineer' s Estimated Costs ofImprovements. In lieu ofthe above, CITY will accept a certificate of deposit in CITY' s name with escrow instructions acceptable to the City Engineer, subject to the approval of the City Attorney..
The release of any securities shall be governed by the provisions of Section 12. 02. 170 of the Morgan Hill Municipal Code.
7. Irrevocability of Security. The securities provided under this Agreement shall be irrevocable, shall Version: July 2020
not be limited as to time, and may be released only upon the written approval of the City Engineer and City Council.
8. Duty to Warn. PROPERTY OWNER shall give adequate warning to the public of each and every dangerous condition which may exist in the Improvements, and will take all reasonable actions to protect the public from any dangerous condition.
9. Warranty. PROPERTY OWNER guarantees and warrants the Improvements required by this Agreement and agrees to remedy any defects in the Improvements arising from faulty or defective materials or construction occurring within twelve ( 12) months after acceptance by CITY of said Improvements.
Following notice, PROPERTY OWNER shall, without delay or cost to CITY, repair, replace, or reconstruct any defective or unsatisfactory portion of Improvements. CITY may, at its sole option, perform the repair or replacement itself if PROPERTY OWNER has failed to commence repair within twenty ( 20) days after CITY has mailed written notice to PROPERTY OWNER. In such event, PROPERTY OWNER agrees to pay the cost of repair and replacement, plus 15%, by CITY; and CITY may recover such costs as a lien against the Development. CITY may proceed immediately to make repairs should an emergency arise without waiving its rights of recovery against PROPERTY OWNER.
10. Failure of Performance. In addition to the other remedies provided by this Agreement, CITY shall have recourse to the security given. In the event that CITY seeks recourse against any security, CITY shall have recourse against PROPERTY OWNER for any and all amounts necessary to complete the obligation.
All administrative costs, including attorneys' fees shall be a proper charge against the security and PROPERTY OWNER pursuant to Government Code. The right of CITY to draw upon or utilize the security is additional and not in lieu of any other remedy available to CITY at law or in equity. The parties agree that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Improvements, and therefore, CITY damages for PROPERTY OWNER' s default shall be measured by the cost of completing the required Improvements.
11. Certificate of Occupancy. PROPERTY OWNER understands that CITY will expect completion, to the satisfaction of CITY, of specific public improvements as well as private utility improvements prior to CITY Approval of a Certificate of Occupancy for any building on the Development property. The specific improvements shall include activation of all public utilities ( water, sewer, storm drain); activation of all private utilities ( electric, gas, phone) except for cable; street lights turn -on request filed with P G & E; and full street improvements ( curb -gutter and paving with/ without final lift) from existing public street to building under consideration for Certificate of Occupancy. PROPERTY OWNER, furthermore, agrees to so inform successor in lot interest should lot be transferred to another party prior to CITY acceptance of public improvements.
12. Final Toxic Report. Where applicable, PROPERTY OWNER hereby agrees to furnish the City Attorney with a copy of the Final Toxic Report issued by the appropriate licensed consultant on the proposed Development. This report must be received prior to final acceptance of on- site improvements and issuance of certificate of occupancy.
13. Public Improvements Fee Schedule. PROPERTY OWNER shall pay the following sums in cash to CITY pursuant to the provisions of Resolution 1383 and any amendments. These sums shall be paid to CITY at the time of issuance of the Development Permit, and shall be in accordance with the attached Department ofPublic Works Fee Schedule attached hereto demonstrating a current Total Fee Obligation of 4 Version: July 2020
198,610. All Fees are estimated and may be increased by CITY subject to current resolutions and ordinances. These fees are subject to a minimum annual revision. PROPERTY OWNER consents to increases in these fees. This Agreement shall not be construed to fix or freeze fees as of any point prior to issuance of Development Permits.
All development fees shall be those in effect at the time of the issuance of the Development Permit for this Development. This Agreement does not entitle the developer to any permit including a grading permit. A separate application for a grading permit should be made to the Building Department.
14. Other Agreements Associated with This Improvement Agreement: The following " checked off" Agreements are understood to be associated with this Agreement and have been fully executed prior to or concurrent with this Agreement:
CITY " Streets" Reimbursement Agreement ( CITY Ordinance 982) PROPERTY OWNER acknowledges and agrees that the property is subject to a Reimbursement Agreement whereby PROPERTY OWNER must reimburse CITY for all costs associated with off- site improvements completed by the CITY and/ or others or to be completed by CITY and/or others. PROPERTY OWNER agrees to pay CITY for all sums already incurred under the reimbursement agreement prior to issuance of any building permits. If the improvement has not been completed by CITY and/ or others, then PROPERTY OWNER or successor -in -interest agrees to fully reimburse CITY for all costs incurred by CITY and/ or others in constructing the improvements.
CITY Public/ Private Utility Reimbursement Agreement
Landscape & Lighting Maintenance Assessment District Annexation Improvements Deferral Agreement
15. Insurance Requirements.
Commencement of Improvements. Before beginning construction of the improvements, PROPERTY OWNER is required to 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 PROPERTY OWNER and its subcontractors relating to or arising from the performance of work associated with the Improvements, and must remain in full force and effect at all times during the period covered by the Agreement, including any extensions of time as may be granted, and until such time as the Improvements have been accepted for maintenance by CITY. 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. Coverages may be provided by PROPERTY OWNER's General Contractor if PROPERTY OWNER is not directly insuring such exposures under an " Owners and Contractors Protective Liability Policy ( OCP)" on which CITY would be an additional insured. IfPROPERTY OWNER will utilize the services of a General Contractor to perform all of the work associated with the Improvements, then PROPERTY OWNER may opt to have all coverages provided by PROPERTY OWNER' s General Contractor, provided that a written contract is executed between PROPERTY OWNER and the General Contractor whereby the written contract specifically required General Contractor to fulfill all of the City insurance requirements as outlined in this Agreement, including all endorsements in favor of the City. Verification of the written contract must be provided to City upon request. If PROPERTY OWNER fails to provide any of the required coverage in full compliance with the requirements outlined in this Agreement, CITY may, at its sole discretion, purchase 5 Version: July 2020
such coverage at PROPERTY OWNER' s expense and deduct the cost from payments due to PROPERTY OWNER, assess payment against Development, or terminate the Agreement for default. Any deductibles or self-insured retentions must be declared to and approved by City. PROPERTY OWNER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty 30) days' notice provided to PROPERTY OWNER, at any time as deemed necessary to protect the interests of CITY.
a) Policies and Limits. The following insurance policies and limits are required for this Agreement:
1) Commercial General Liability Insurance (" CGL"): PROPERTY OWNER shall maintain CGL and shall include coverage for liability arising from PROPERTY OWNER's or its subcontractor' s acts or omissions in the performance of work associated with the Improvements against claims and liabilities for personal injury, death, or properly damage providing protection in the minimum amount of: (i) five million dollars ($ 5, 000, 000. 00) combined single limit each occurrence and either a general aggregate limit of ten million dollars ($ 10, 000, 000. 00) or a general aggregate limit of five million dollars ($ 5, 000, 000) as applied on a " per project" or " per location" basis, or ( ii) the maximum amount of such insurance available to PROPERTY OWNER under PROPERTY OWNER' s combined insurance policies ( including any excess or " umbrella" policies), whichever is greater. a. CGL policy may not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
b. CGL policy must include blanket contractual and completed operations.
C. CGL policy will apply as though separate policies have been issued to each insured (" separation of insureds").
2) Workers' Compensation Insurance and Employer' s Liability: PROPERTY OWNER shall maintain Workers Compensation coverage, as required by law. The policy must comply with the requirements of the California Workers' Compensation Insurance and Safety Act and provide protection 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 PROPERTY OWNER under PROPERTY OWNER' s combined insurance policies ( including any excess or " umbrella" policies), whichever is greater. If PROPERTY OWNER is self-insured, PROPERTY OWNER must provide its Certificate of Permission to Self -Insure, duly authorized by the Department of Industrial Relations. 3) Automobile Liability: PROPERTY OWNER shall maintain Automobile Liability covering all owned, non -owned and hired automobiles ( ifPROPERTY OWNER does not own automobiles, then PROPERTY OWNER shall maintain Hired/ Non- owned Automobile Liability) 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, or ( ii) the maximum amount of such insurance available to PROPERTY OWNER under PROPERTY OWNER's combined insurance policies ( including any excess or " umbrella" policies), whichever is greater. 6 Version: July 2020
Pollution ( Environmental) Liability: The performanceof ER' s
work or service under this
Agreement involves handling chemicals or
urinated soil disposal, and/ or a risk of accidental ER shall se of rocureel
and maintain
other
contaminated
toxic gases or hazardous
materials. PROPERTY OWN p
ro ert
Pollution Liability covering
PROPERTY OWNom
sollutility for bodily injury,
on and elated cleanup
costs
y
damage and environmental
damage resulting p
Agreement.
r this
Coverage shall
arising out of the work or service
d
e
site,
perform
as well
eduring the transport of hazardous
be provided for both workpeone million dollars
materials. Such coverage
shalcbe
e t or occurrence,
urrence
minimum or ( ii) themaximum amount onedch
1, 000, 000. 00) for any
one a R' s comb
insurance available to PROPERTY OWNER mbrellaR policies), whichever is greater.
an excess or insurance policies ( including y
de proof of the
b) Requ fired Endorsements.
PROPERTY OWNER shall pralas outlined below:
llowing
endorsements,
listed for each policy for which endorsements are requ
1) ALL Policies:
include an endorsement
Waiver of Subrogation" - Each required policy
must
ds, ag
on t may have against CITY and
providing
that the carrier agrees to waive any right of subsencies, officers, agents, employees, and CITY' s elected or appointed officials, boar
volunteers.
2) ALL policies except Workers Compensation:
a. " Additionally Insured" - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds.
b. " Primary and Non -Contributing" -
Insurance shall be primary non- contributing.
with respect to its performance of
c) S tion Subcontractors. PROPERTY
OWNER must ensure 5
at each subcontractor
is require to
maintain the same insurance coverage required under this Sec work associated with the Improvements, including those requirements related to the additional insureds and waiver of subrogation. ement must be issued
ication of Insurers. All insurance required pursuan as theUAgninsurance business in the d) Qualif
by a company
licensed and admitted, or
otherwise legally authorized to carry
is and each insurer must have a current A.M. Best's financial strength rating of "A" or State of Californ, better and a financial size rating of "VII" or better. s as Certificates. PROPERTY
OWNER shall furnish
In te event of a
TY with copies claim or egal
ll action,
outlined herein, whether new or modified, promptly upon receipt. shall promptly furnish CITY of Morgan Hill with TYshall ble educed,ocatnceled, lined erein.
CONSULTANT P agreement with CI
No policy subject to the PROPERTY OWNER' s
after 30 days' notice by the insurer to CITY,
allowed to expire, or materially
changed except after thirty ( ) Y
of premiums, in which case ten days written notice must be made to CITY. unless due to non-payment
Version: July 2020
Certificates, including renewal certificates, may be mailed electronically to riskmgmt@morganhill. ca.gov 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
16. Non -Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.
17. Non -Discrimination. PROPERTY OWNER covenants there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, disability, national origin, or ancestry, in any activity pursuant to this Agreement.
18. Independent Contractor. It is agreed to that PROPERTY OWNER shall act and be an independent contractor, and not an agent or employee of CITY.
19. Compliance with Law. PROPERTY OWNER shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
20. Right to Inspect and Inspection Fees. PROPERTY OWNER shall at all times maintain proper facilities and provide safe access for inspection for CITY and its employees to all parts of the Improvements.
PROPERTY OWNER shall pay and reimburse CITY for all expenses incurred by CITY for inspecting and checking all work to be performed under the provisions of the Municipal Code or this Agreement. CITY Engineering plan checking and field improvement inspection costs are included in the Department ofPublic Works Fee Schedule which may be revised from time to time.
21. Conflict of Interest and Reporting. PROPERTY OWNER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.
22. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed addresses. 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. a. Address of PROPERTY OWNER is as follows:
BW MORGAN HILL, LLC
2175 Francisco Blvd. East, Suite G
San Rafael, CA 94901
8 Version: July 2020
b. Address of CITY is as follows: With a copy to:
City Engineer City Clerk
City of Morgan Hill City of Morgan Hill
17575 Peak Avenue 17575 Peak Avenue
Morgan Hill, CA 95037 Morgan Hill, CA 95037
23. PROPERTY OWNER' S Representations. This Agreement shall include application or items submitted by PROPERTY OWNER to CITY' S Planning Department, Building Department, Planning Commission, and City Council. In the event of any inconsistency between their representations and this Agreement, this Agreement shall govern.
24. Licenses, Permits and Fees. PROPERTY OWNER shall obtain a CITY Business License, all permits, and licenses as may be required by this Agreement.
25. Familiarity with Improvements. By executing this Agreement, PROPERTY OWNER warrants that: ( 1) it has investigated the work to be performed, ( 2) it has investigated the site of the Improvements and is aware of all conditions there; and ( 3) it understands the difficulties and restrictions of the Improvements under this Agreement. Should PROPERTY OWNER discover any conditions materially differing from those inherent in the Improvements or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at PROPERTY OWNER' S risk, until written instructions are received from CITY.
26. Time of Essence. Time is of the essence in the performance of this Agreement.
27. Limitations Upon Subcontracting and Assignment. Neither this Agreement nor any portion shall be assigned by PROPERTY OWNER without prior written consent of CITY.
28. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.
29. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute one and the same instrument.
30. Indemnification. PROPERTY OWNER agrees to protect, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by PROPERTY OWNER, PROPERTY OWNER' S agents, officers, employees, subcontractors, or independent contractors hired by PROPERTY OWNER. The only exception to PROPERTY OWNER' S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable.
The policy limits do not act as a limitation upon the amount of indemnification to be provided by PROPERTY OWNER.
31. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified on provisions waived only by 9 Version: July 2020
subsequent mutual written agreement executed by CITY and PROPERTY OWNER.
32. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Santa Clara County Superior Court.
33. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
34. Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
35. Agreement Runs With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the parties. It shall be recorded in the Office of the Recorder of Santa Clara County concurrently with the issuance of the Development Permit and shall constitute a covenant running with the land and an equitable servitude upon the Development real property.
36. Recording. It shall be the responsibility of CITY to cause the executed Agreement to be recorded.
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS: ( 1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.]
ATTEST// THE CITY OF ORGAN HILL
i
v Cleis: ° / ' City Mana e
j ti
J Date: 17 IG` 7) t Date: 12 ZO 0
APPROVED AS TO FORM:
iy Attorney
Date: Iz i -' I Z Z
PROPE TY
B :
Title: 6 "q ° Poi CMA I" e-r
Date: l0 fid! 1. 20
By:
Title:
Date:
10 Version: July 2020
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On -; e-p— Q, knrr e20 , before me, a Notary Public in and for said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara /
j n
On ((' / I 114%/ r 20 2--6), before me, _ f' 1V 1 P, l) %' t 1 1,Y17 1 1? a Notary Public in and for said County and State, personally appeared i(, fel I7 i . Th 1'! z' V proved to me on the basis of satisfactory evidence to be the person whose nameW is/ are-subscribed to the within instrument and acknowledged to me that he-/she/ tom executed the same in J2.is/ her/the-i"r authorized capacity( k-g), and that by- ris/ her/tM-r signature(s)- on the instrument the persor( s), or the entity upon behalf of which the personas) -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
ANGELICA GC NZALEZ
WITNESS pji hand and official seal. Notary FL; ehc - California ti Santa Clara County' >_
Commission X 2294751
My Comm. Expires Jun 25, 2023
SIG TUY OFPOyARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
FA notary public or other officer completing this certificate verifies only the identity of the individual who signed the ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Macro )
mm
On aC_ - IcXbefore me, _ A "Cu 1\ T4 U lc
Date
Here Insert Name and Title of`t e Officer
personally appeared
P W
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(&) is/ fie subscribed to the within instrument and acknowledged to me that he/ s1K2/ they executed the same in his/ heT/ their authorized capacity(ies), and that by his/ her/ tkreir signature($) on the instrument the person( s), or the entity upon behalf of which the person(e) acted, executed the instrument.
ANH MAI VO
NotaryPublic— California Z
a Marin County
Z Commission M 2217426
My Comm. Expires Oct 8, 202
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: a
Document Date: 10 1 12 — 1k
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
F- 1 n+horSigner Is Representing.
Number of Pages:
Signer' s Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
F- 1 nO, or•
SignerIsRepresenting:
02016 National Notary Association • www. NationalNotary. org • 1 - 800 -US NOTARY ( 1- 800- 876- 6827) Item # 5907
EXHIBIT A
IMPROVEMENTS AND
ESTIMATED COSTS OF IMPROVEMENTS
AS OF DECEMBER 10, 2019
Descriphon Quantity Unit Unit Price Cost Total
r
ear ord+,
3 , 000. c0 sm . m -
Demo ^* n of aspha . paving C,>_ DV f 1: 1., 30 320 40D. W Dernc :• ion of exsting v _zi _-a , urb D'-' f 15. 40 33,COD. OD Dernc: on o, Ex_ fing Curti and gu^ er C!. f 316 c0 330D. cei Dernc`- ion of -x, - ting chain lint: Ferce 55 f S. CO 12. 32s. m Demo -,inion of exzting mefoi beam gra^ drQii C5 f 5. u^G 1325. X Semporaryf_rcing 465 f 35. 00 2325. C4
Demo - ion of ex'':>fing drain in! e- 1 eo 807.so 3.30D.02 Demc lion of sx Tir!g zt•-= t light as 2. omco 3-, COD. X Demo '! oncfextingfrahydrant 1 a 31. 2000 20D. PD
r•b I -r -et eo 33, 0 O D0
1 33,C0C. FJ
Frehvdmirvxscn- bly ea C! C D G oQOD: DC
Adjust water wolve to grode ea 35CCu4G 3a0Q0C
S water p pe cS i Y G. CO i dSD. C
6SG f 340. 00 126. 000. 00
e Ccrd. • 135 if W.00 3 ^: 00. D4
No. = vl 3ca ea 500: 30 COO. Dr
ho. b = J! Sow ea S60O. 00 1, 200. 1~4
Witlng is 317, 000.00 117000. 0C
Stec,:-- L! sminair_ 3 ea 31, 510. 40 4, 6m. 04
AT 3T voA6ea 35proCG 3S, v"0N: fJ
Trotl:- 3ignal P: lc•oi=tr..rltions 5 145-.000.CO 345000. cn 23a• e: smd.' rioint7 350 f 3.250 3c-.14
ki
AG over 13 A3 3. 100 f 20. CO s 162 000. 011
PC: C cver4 A3 2,650 d315.40 24. =SD. 00
iCL• b and rs„ t -=r - 7yc- a, 1 0 f 3aGCG 1=. 3011. Co Verioo1 Curb-- yoa 2 io f 20 vi_! V,0D. 00
Handi._ op 7an• r
eo 34, 0C,0.00 34, C00. o0
runcated Dar e_ 12 f 330. 40 336D.D0
380. 810
IEC , P- STAT f - EC rA5 * D Z0, I ITR --;- OVER - HE COST, OF " J1A t.4Ls, EO GI ° AEI L96!- R, 0P. TFE r_. Ot T IC ? ID WSE." O='. L tI Oi= i2ORA2LECC" i9: G1:- 0! I _.. _.
EXHIBIT " B"
FORM OF PERFORMANCE BOND
100% of Engineer' s Estimate)
Bond No.:
Premium:
Whereas, the City Council ofthe City of Morgan Hill, State of California, and BW Morgan Hill, LLC, a California Limited Liability Company ( hereinafter designated as " principal") have entered into an Improvement Agreement:
BW Morgan Hill, LLC, a California Limited Liability Company APN: 764- 10- 008 18625 Monterey Road
whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 20 , and identified as project B1ueWave Express Car Wash, is hereby referred to and made a part hereof, and Whereas, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and , as surety, are
held and firmly bound unto the City of Morgan Hill, hereinafter called (" City"), in the penal sum of Three Hundred Eighty Thousand Eight Hundred Ten dollars ($ 380, 810) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The Surety' s office is located at ,
Telephone No. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent' s License No., address, and telephone number are as follows:
License No.:
Address:
Telephone No.:
The non- resident agent for the Surety, if any, is a party to the transaction:
Name of non- resident agent:
Non- resident agent' s office address:
Telephone No.:
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement Performance Bond
Version: December 2017
and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension oftime, alteration or addition to the terms ofthe agreement or to the work or to the specifications.
Executed this
Principal
Surety
Attorney -in Fact
day of 20
Principal
California Resident Agent
By:
Non-resident Agent - Attorney -in -Fact
APPROVED:
Scott Creer, City Engineer
Date:
APPROVED AS TO FORM:
By:
Donald A. Larkin, City Attorney
Date:
Acknowledgment on following page.)
Performance Bond
Version: December 2017
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20 , before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20 , before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
Performance Bond
Version: December 2017
EXHIBIT " C"
FORM OF LABOR AND MATERIAL BOND
100% of Engineer' s Estimate)
Bond No.:
Premium:
Whereas, the City Council of the City of Morgan Hill, State of California, and BW Morgan Hill, LLC, a California Limited Liability Company ( hereinafter designated as " the principal") have entered into an Improvement Agreement:
BW Morgan Hill, LLC, a California Limited Liability Company APN: 764- 10- 008 18625 Monterey Road
whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 , and identified as project B1ueWave Express Car Wash, is hereby referred to and made a part hereof, and Whereas, under the terms of the agreement, the principal is required before entering upon the performance ofthe work, to file a good and sufficient payment bond with the City of Morgan Hill, hereinafter called " City," to secure the claims to which reference is made in Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, the principal and the undersigned as corporate surety, and their successors and assigns are held firmly bound unto City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Three Hundred Eighty Thousand Eight Hundred Ten dollars ($380,810), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety' s office is located at ,
Telephone No. ; the Surety is licensed to do business in the State of California; and Labor and Material Bond
Pagel of 3
Version: December 2017
the California Insurance Agent's License No., address, and telephone number as follows:
License No.:
Address:
Telephone No.:
The following non-resident agent, if any, for the Surety is a party to the transaction:
Name of non- resident agent:
Non- resident agent' s office address:
Telephone No.:
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
Executed this day of
M.
Principal
Surety
Attorney -in Fact
California Resident Agent
By:
Non- resident Agent - Attorney -in -Fact
APPROVED:
Scott Creer, City Engineer
Date:
APPROVED AS TO FORM:
By:
Donald A. Larkin, City Attorney
Date:
20 Acknowledgment on following page.)
Principal
Labor and Material Bond
Version: December 2017
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20 , before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity(ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20 , before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
Labor and Material Bond
Version: December 2017
EXHIBIT " D"
FORM OF WARRANTY BOND
50% of Cost of Construction)
Bond No.:
Premium:
Whereas, the City Council of the City of Morgan Hill, State of California (hereinafter designated as " City"), and BW Morgan Hill, LLC, a California Limited Liability Company ( hereinafter designated as " Principal") have entered into an Improvement Agreement ( hereinafter Agreement"):
BW Morgan Hill, LLC, a California Limited Liability Company APN: 764- 10- 008 18625 Monterey Road
whereby the Principal agrees to install and complete certain designated public improvements hereinafter " Improvements"), which said Agreement, dated , 20 , and identified as project B1ueWave Express Car Wash, is hereby referred to and made a part hereof, and
Whereas, under the terms of said Agreement, the Principal is required to furnish a bond to guarantee and warrant the work required by said Agreement for a period of one year following the completion and acceptance by the City of the Improvements, against any defective work or labor performed, or defective materials furnished by Principal.
Now, therefore, we, the Principal and as Surety, are held and firmly bound unto the City of Morgan Hill in the penal sum of One Hundred Ninety Thousand Four Hundred Five dollars ($ 190,405) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
If Principal faithfully carries out and performs its guarantee and warranty under the Agreement, and, on due notice from City, repairs and make good at its sole expense any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Principal promptly reimburses City for all loss and damage that City sustains because of Principal' s failure to makes such repairs in accordance with the Agreement requirements, then Surety' s obligations under this Bond will be null and void. Otherwise, Surety' s obligations will remain in full force and effect.
Surety waives the provisions of Civil Code Sections 2819 and 2845. Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this Warranty Bond
Pagel of 3
Version: April 2019
1 0
bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:
Attn:
Address:
City/ State/ Zip:
Phone:
Fax:
Email:
This Bond will be governed by California law, and the venue for any dispute pursuant to this Bond will be in the Superior Court of Santa Clara County, and no other place. Surety will be responsible for City' s attorneys' fees and costs in any action to enforce the provisions of this Bond.
In witness whereof, this instrument has been duly executed by the principal and surety above named.
SURETY: Principal:
Date: Date:
s/ s/
Name: Name:
Title:
Attach Acknowledgment with Notary
Seal and Power of Attorney)
APPROVED AS TO FORM:
By: Date:
Donald A. Larkin, City Attorney
Title:
Warranty Bond
Version: April 2019
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20 before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On 20 before me, a Notary Public in and for
said County and State, personally appeared
proved to me on the basis of satisfactory evidence to be the person whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
ABOVE AREA FOR NOTARY SEAL)
Warranty Bond
Version: April 2019
City Council
Meeting Minutes
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Gino Borgioli - Council Member
Rene Spring - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, November 20, 2024 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
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
CITY COUNCIL REPORTS
Council Member Martinez Beltran shared that on November 10, she attended the Latina
November 20, 2024
2 Coalition brunch to celebrate their 25th anniversary. She also attended the Veterans Day memorial on November 11, an SVCE meeting last week, and a ribbon cutting for the farm workers' housing today. She spent some time at Booksmart on Saturday for their 30th anniversary. On November 15, she attended Philanthropy night and mentioned the art gallery opening last weekend.
November 20, 2024
3 CITY MANAGER'S REPORT
City Manager Christina Turner announced that the Morgan Hill Fire Department, in collaboration with Santa Clara County Emergency Medical Services and other key partners, has launched the Santa Clara County 911 Nurse Navigator Program. This program enables community members who call 911 for medical help to quickly receive the appropriate level of care, allowing an alternate method of care for non-lifethreatening calls. This will help reduce the demand for 911 emergency services dispatch and speed up the availability of emergency resources. 911 calls will initially be answered by a dispatcher who will assess each situation with care. Life-threatening emergencies will dispatch an immediate emergency response as usual. Non-lifethreatening medical calls or those not requiring an in-person response will be transferred to a Nurse Navigator, who can provide rides to medical care or offer medical advice.
She shared that this past weekend, we celebrated the opening of the Fine Art Gallery Downtown—You may now visit the gallery Tuesday through Sunday, 11 am to 6 pm.
Today, Royal Oak Village, a farmworker housing project on Watsonville Road and Monterey Road, celebrated its opening. Royal Oak Village consists of 73 affordable apartment units, with 30 dedicated to farmworker families, 18 set aside as Rapid Rehousing (RRH) units for homeless individuals and families, and the rest designated for individuals and families earning up to 50% of Area Median Income (AMI). She mentioned that the Parks and Recreation Division kicked off Winter/Spring 2025 recreational program registration on Monday, November 18. Residents can now review available classes on the City’s website. She shared that the Morgan Hill Parks and Recreation invites the Morgan Hill community to participate in a cheerful new tradition! Holiday Lights Morgan Hill. Please visit the city website for those in the community interested in signing up for the holiday home decorating contest. The Entry deadline is 11:59 pm on December 9, 2024.
Additionally, the City encourages residents to join a friendly contest to design a new, water-wise landscape layout. If you win, your landscape design will be installed at the Civic Center Plaza, between this building and City Hall, in 2025! The area is a smaller section of non-functional turf. The contest is open to City of Morgan Hill residents of all ages. No previous landscaping experience is needed. This is a creative contest. The last day to submit design applications is November 25, 2024. You can get more information on the City website. She announced that the City has begun notifying users of the wind-down of the MoGo Transit service. The pilot program was funded through VTA Measure B funds, and unfortunately, the pilot funding will be exhausted by early 2025. More information on the pilot program evaluation is available on the City website.
She wished the community a Happy Thanksgiving and mentioned that City offices will be closed Thursday and Friday next week, and the next Council meeting will be on December 4, 2024.
CITY ATTORNEY'S REPORT
None.
November 20, 2024
4 OTHER REPORTS
Council Member Librers shared that she attended the SVEDA conference and learned so much about economic development and downtown development. She also attended the grand opening of the art gallery.
PUBLIC COMMENT
Public comment opened at 6:10 p.m.
Mattie Scariot was called to speak.
There being no further requests to speak, public comment closed.
ADOPTION OF AGENDA
MOTION:
Adopting the agenda as posted.
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
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.
Approving consent calendar items 1 through 16.
MOTION:
Approving consent calendar items 1 through 3, 5, 7 through 11, and 13 through 16.
RESULT: Passed
MOVER: Council Member Spring
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
November 20, 2024
5 NAYS: None
ABSTAIN: None
ABSENT: None
1. ACCEPT COMMUNITY PARK PICKLEBALL COURTS PROJECT
Recommendation:
1. Accept as complete the Community Park Pickleball Courts Project;
2. Authorize the City Engineer to sign the Notice of Completion; and
3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.
2. APPROVE ACQUISITION OF EASEMENT FROM THE CITY OF GILROY FOR
THE RELIEF SEWER TRUNK LINE
Recommendation:
1. Authorize the City Manager to acquire an easement from the City of Gilroy for property for the City's future relief sewer trunk line; and
2. Authorize the City Manager to execute all documents and make minor modifications, with approval of the City Attorney, as necessary in order to consummate the transaction.
3. ADOPT WEED ABATEMENT RESOLUTION
Recommendation:
Adopt resolution declaring weeds and brush to be a nuisance and setting the hazardous vegetation public hearing for January 15, 2025.
5. APPROVE AMENDMENT TO PROPERTY USE AGREEMENT WITH THE
SANTA CLARA VALLEY HABITAT AGENCY
Recommendation:
Authorize the City Manager to execute a property use agreement amendment with the Santa Clara Valley Habitat Agency.
7. APPROVE COMMUNITY PLAYHOUSE LICENSE AGREEMENT WITH SOUTH
VALLEY CIVIC THEATRE
Recommendation:
Authorize the City Manager to execute and administer the license agreement through December 2027 with South Valley Civic Theatre.
November 20, 2024
6 8. APPROVE FIRST AMENDMENT TO THE CONSULTANT AGREEMENT WITH ENGEO, INC. FOR DESIGN PROFESSIONALS TO INCREASE THE AMOUNT BY $150,000 FOR A TOTAL AGREEMENT OF $550,000
Recommendation:
1. Approve the first amendment to the consultant agreement for design professionals with Engeo, Inc. to increase the amount by $150,000 for a total agreement of $550,000; and
2. Authorize the City Manager to execute and administer the first amendment with Engeo, Inc.
9. APPROVE THE EASEMENT ACQUISITION FROM SANTA CLARA COUNTY
FOR THE NEW BUTTERFIELD FIRE STATION
Recommendation:
1. Authorize the City Manager to acquire an easement from Santa Clara County for access to the City's new Fire Station on Butterfield Boulevard; and
2. Authorize the City Manager to execute all documents and make minor modifications, with approval of the City Attorney, as necessary in order to consummate the transaction.
10. APPROVE THE NOVEMBER 6, 2024 CITY COUNCIL MEETING MINUTES Recommendation:
Approve minutes.
11. 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;
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.
13. AWARD A WATER USE DATA TRACKING MANAGEMENT AND
November 20, 2024
7 COMMUNICATION SOFTWARE AGREEMENT TO AQUATRAX IN THE
AMOUNT OF $175,000
Recommendation:
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.
14. AWARD CONTRACT TO APEX COMPANIES, LLC FOR THE INSTALLATION OF SMALL TRASH CAPTURE DEVICES IN THE AMOUNT OF $287,000 Recommendation:
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.
15. AWARD CONTRACT TO EURO STYLE MANAGEMENT FOR THE 2025 ENCINO TANK REHAB PROJECT IN THE AMOUNT OF $780,850
Recommendation:
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.
16. RECEIVE REPORT REGARDING UPCOMING 2025 COMMISSION
VACANCIES PER MADDY ACT
Recommendation:
Receive report.
ITEMS PULLED FOR DISCUSSION
November 20, 2024
8 4. APPROVAL OF MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL
EMPLOYEES RESOLUTION, ELECTED OFFICIALS AND COUNCIL
APPOINTED AND PART-TIME TEMPORARY AND SEASONAL EMPLOYEES
SALARY SCHEDULES
Recommendation:
1. Approve the Management, Professional, and Confidential Employees Resolution effective December 22, 2024;
2. Approve the Part-Time Temporary and Seasonal Employees salary schedule effective December 22, 2024; and
3. Approve the Elected Officials and Council Appointed salary schedules effective June 23, 2024 and December 11, 2024.
City Manager Christina Turner provided a report.
Public comment opened at 6:14 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended action.
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
6. APPROVE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL
CHAMBER AND CONFERENCE ROOMS
Recommendation:
Approve City Council Policy, "Code of Conduct for Public Meetings in the Council Chamber and Conference Rooms."
City Manager Christina Turner provided a report.
Public comment opened at 6:34 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended action, including the following edits: add appointed
November 20, 2024
9 official to the list of people that the policy applies to, change the Mayor to the Presiding Chair, including the City Attorney's designee, and any Council Member or Commissioner may ask that a warning be issued.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Turner
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
12. 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:
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.
Police Chief Palsgrove provided a report. Support Services Manager Sara Tada answered questions.
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 Martinez Beltran
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
November 20, 2024
10 PUBLIC HEARINGS
17. 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:
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.
Senior Planner Tiffany Brown and Development Services Director Jennifer Carman provided a presentation and report.
The Mayor and Council Members announced their ex-parte contacts.
The meeting recessed at 7:46 p.m. and reconvened at 7:52 p.m.
The public hearing opened at 7:52 p.m. The following people were called to speak:
Rocke and Glenda Garcia and Ross Doyle (Applicants)
Janel Jannusch
Nancy Rhoads
Joe Machado
Paul Latala
Darcy Foster
Chuck Foster (on behalf of Jennifer Blalack)
Matt Igel
Abigail Reyes Pena
Kathy Becker
Leigh Payne
Liz
Mark Green
LaRene Green
Oleskii Tymoshenko
Abbie Serrano
Tom Tanner
Phillip Dahdouh
November 20, 2024
11 John Bonnell
Annonymous
Elizabeth Kather (Zoom)
Gil Chamaki (Zoom)
Jennifer Holstrom (Zoom)
David Enney (Zoom)
Ethan Roberts (Zoom)
Mei Long (Zoom)
Rachel Basso (Zoom)
Kristin (Zoom)
There being no further requests to speak, the public hearing closed.
MOTION:
Adopting the resolution and directing staff to come back to the council with more information as requested.
RESULT: Passed
MOVER: Mayor Pro Tem Librers
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
MOTION:
Waiving the first and second reading of the ordinance.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: Council Member Spring
ABSTAIN: None
ABSENT: None
MOTION:
Introducing the ordinance and requesting that the developer consider looking at additional VMT mitigation measures, including bike sharing, e-bikes, bike storage; amend the ordinance to reflect that the 55 affordable by design units are a substantial public benefit that supports the PD zoning.
November 20, 2024
12 RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: Council Member Spring
ABSTAIN: None
ABSENT: None
The meeting recessed at 9:45 p.m. and reconvened at 9:52 p.m.
18. INTRODUCE ORDINANCE (ZA2024-0003) ESTABLISHING CHAPTER 18.78 (STANDARDS FOR PUBLIC ARTS) WITHIN TITLE 18 (ZONING) OF THE
MUNICIPAL CODE OF THE CITY OF MORGAN HILL IMPLEMENTING THE
REQUIREMENT OF PUBLIC ART IN NEW LAND DEVELOPMENT PROJECTS Recommendation:
1. Open/close the public hearing;
2. Waive first and second reading of the Ordinance; and
3. Introduce Ordinance.
MOTION:
Extending the meeting to 10:30 p.m.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: Council Member Spring
ABSTAIN: None
ABSENT: None
Principal Planner Adam Paszkowski provided a presentation and report.
The public hearing opened at 10:12 p.m. The following people were called to speak:
Amanda Santiago
Scott Canel
November 20, 2024
13 Yvonne Randolph
There being no further requests to speak, the public hearing closed.
MOTION:
Waiving the first and second reading of the ordinance to include a sentence in the section on the use of in-lieu funds for subsection a - add a preference for local artists.
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
MOTION:
Introducing the ordinance.
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
OTHER BUSINESS
19. APPROVE THE RENAMING OF MORGAN HILL DOWNTOWN
AMPHITHEATER IN HONOR OF COMMUNITY VOLUNTEER RICH FIRATO Recommendation:
Approve or do not approve the renaming of the Morgan Hill Downtown Amphitheater to the Rich Firato Downtown Amphitheater.
MOTION:
Extending the meeting to 11:00 p.m. and continuing item 20 to the December 4,
November 20, 2024
14 2024, City Council meeting.
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
Public Services Director Chris Ghione provided a report.
Public comment opened at 10:31 p.m. The following people were called to speak:
Nick Gaich
Brian Sullivan
There being no further requests to speak, public comment closed.
MOTION:
Approving the recommended action.
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
20. REVIEW AND APPROVE TRANSPORTATION MASTER PLAN
Recommendation:
1. Review and provide comments on Transportation Master Plan; and
2. Approve Transportation Master Plan.
Item continued to the December 4, 2024 City Council meeting.
November 20, 2024
15 FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Librers requested 4 way stops at Hill and Barrett, working with the County with lanes/striping.
Council Member Librers requested a review of the water bottle policy.
Council Member Martinez Beltran requested an item to conduct an AB 1600 nexus study for the VMT mitigation fund.
Council Member Martinez Beltran requested an ordinance that discusses the housing in-lieu fee fund.
CLOSED SESSION
City Attorney Donald Larkin announced the closed session item.
Conference with Legal Counsel – Existing Litigation (§ 54956.9) William Norman v. City of Morgan Hill: Workers Compensation Claim Nos.
MHL1500009 & MHL2400009
OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 10:38 p.m. There being no requests to speak, public comment closed.
The meeting adjourned to a closed session at 10:38 p.m.
Council Member Martinez Beltran left at 10:39 p.m.
ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 10:45 p.m.
Minutes Prepared by:
Michelle Bigelow, City Clerk
9 CITY COUNCIL STAFF REPORT
MEETING DATE: December 4, 2024
PREPARED BY:
Yat Cho, Senior Project Manager
APPROVED BY: City Manager
APPROVE CHANGE ORDER WITH LARRY S. KENT, INC. DBA KENT
CONSTRUCTION TO INSTALL A HAWK SIGNAL FOR BUTTERFIELD
FIRE STATION PROJECT IN THE AMOUNT OF $322,205
RECOMMENDATION(S)
1. Approve and authorize the City Manager to execute a Change Order with Larry S. Kent, Inc. DBA Kent Construction in the amount of $322,205 for a HAWK signal at the Butterfield Fire Station Project; and
2. Approve and authorize the City Manager to add 10% contingency to the HAWK signal project in the amount of $32,221.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Fire Services Standards of Coverage
Morgan Hill 2035 General Plan
Public Safety Master Plan
REPORT NARRATIVE:
On June 7, 2023, the City Council awarded the Butterfield Fire Station Project to Larry S. Kent, Inc. DBA Kent Construction in the amount of $7,956,553 with a contingency of $795,655 for a total of $8,752,208. The project's scope of work includes but is not limited to Site demolition of existing flatwork and existing landscaping, installation and construction of a new 6,065 square feet single-story stucco finished wood framed fire station, surrounding site work, ADA parking upgrades, and median enhancements along Butterfield Boulevard to allow for Fire Engines to exit both northbound and southbound traffic from the fire station. Further enhancements through additive alternatives included a covered parking lot, solar on the building roof, solar on the parking lot, concrete hose
9 drying rack, and a microgrid system.
While the project included the median modification along Butterfield Boulevard for Fire Engine access and the necessary design and construction for the new fire station to work with the HAWK signal, the actual HAWK signal design and construction were not included. Staff began working on the design of the HAWK signal in December 2023, and the design was completed in May 2024. The scope of work for the HAWK signal includes the installation of conduits, signal poles and foundations, a controller cabinet, and other incidental work.
Initially, the construction of the HAWK signal was to be completed as a standalone project. By combining the median modification work with the HAWK signal, there will be a smoother transition to complete the fire station fully, and fewer construction conflicts will be encountered as a combined project. The staff has reviewed the overall cost of this HAWK signal with Kent Construction and finds the proposed cost with contingency to be reasonable. Therefore, staff recommends the approval of this change order with Kent Construction in the amount of $322,205 with a 10% contingency of $32,221.
COMMUNITY ENGAGEMENT:
Inform
During construction, staff and contractor will continue to provide regular updates through media, social media, and the City's website.
ALTERNATIVE ACTIONS:
City Council may elect not to approve the change order and direct staff to go through the bidding process for this work. This action will delay the construction of the HAWK signal by four to six months.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• February 22, 2017 - City Council received and reviewed Public Safety Master Plan.
• December 4, 2019 - City Council received and reviewed the Hazard Risk Assessment and Standards of Coverage Study.
• December 1, 2021 - City Council authorized the City Manager to execute and administer an agreement with Jeff Katz Architecture for the design of the Butterfield Fire Station Project.
• November 2, 2022 - City Council approved conceptual design for the Butterfield Fire Station Project.
• March 15, 2023 - City Council approved acceptance of a grant from Silicon Valley Clean Energy for $500,000 to be used towards the project, specifically as an all-electric fire station demonstration garden.
• June 7, 2023 - City Council awarded the Butterfield Fire Station project to Larry S. Kent, Inc. DBA Kent Construction in the amount of $7,956,553.
9 FISCAL AND RESOURCE IMPACT:
If the proposed change order for the HAWK signal is approved, the overall construction contingency total for the Butterfield Fire Station project will increase from $795,655 to $1,150,081 (an increase of $354,426), bringing the total construction cost for the project, including contingency, to $9,106,634. There are available funds within the overall Fire Station Project PF2003 for this work, as it was planned and included in the FY2024-25 Capital Improvement Program Budget.
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. Minor Alterations to Land, under this section, covers minor public or private alterations to the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees for forestry or agricultural purposes, including the creation of bicycle lanes on existing right-of-way.
Public Services Department
CIP Engineering Division
BUTTERFIELD FIRE STATION
PROJECT 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\sewereasement.mxd
DIANA AVE
BUTTERFIELD BLVD
R.R
DEPOT ST
PROPOSED HAWK
SIGNAL
BUTTERFIELD
FIRE STATION
10 CITY COUNCIL STAFF REPORT
MEETING DATE: December 4, 2024
PREPARED BY:
Dat Nguyen, Finance Director
APPROVED BY: City Manager
RECEIVE MONTHLY BUDGET UPDATE AND OCTOBER 2024
FINANCIAL AND INVESTMENT REPORTS
RECOMMENDATION(S)
Accept and file report.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Preserving and Cultivating Public Trust
2024-2025 Strategic Priorities
Fiscal Sustainability
Community Engagement
REPORT NARRATIVE:
As part of the City Council’s expectation to maintain a high level of transparency and to be responsible stewards of public funds, staff is providing this monthly budget update, along with the October 2024 financial and investment reports.
October 2024 Financial Report
The Revenue and Expense Summary through October 2024 is included on page 4 of the attached monthly financial and investment reports. Overall, General Fund revenues total $10.2 million or about 18% of the budget. Expenditures, including encumbrances, amounted to $22.3 million, of which approximately $4.6 million is attributable to outstanding encumbrances, compared to prior year expenditures, including encumbrances, of $20.6 million. This represents an increase of $1.7 million, including encumbrances, compared to the prior year. Excluding the encumbrances, expenditures increased by about $1.2 million mainly due to overall cost increases.
Budget Update
Based on the latest forecast provided by the City's sales tax consultant, the City's current fiscal year sales tax revenue estimate, before tax rebates, has been further revised downward to $12.2 million, a reduction of approximately $0.7 million from the current year's budget. This decrease is partially attributable to lower tax receipts from vehicle sales. However, staff is not recommending any budget amendments at this time, as it is still early in the fiscal year. Additional time will help ensure a more accurate
10 assessment of overall revenue performance. Additionally, other revenue items, such as interest income, are anticipated to exceed the budget.
For water revenue, Morgan Hill residents consumed about 9% more water through October compared to the prior three-year average. As such, no revenue stabilization water rate was implemented.
COMMUNITY ENGAGEMENT:
Inform
Finance staff prepares these financial reports to inform City officials, the Council, the community, and various lenders and stakeholders about the financial health of the organization, which assists each one of the interested parties in making sound financial and investment decisions.
ALTERNATIVE ACTIONS:
Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City Council receives and files the financial and investment report for each month.
At the September 16, 2015 meeting, City Council recommended monthly financial and investment reports be agendized under the Consent Agenda, and quarterly financial and investment reports be presented to City Council as an “Other Business” item.
FISCAL AND RESOURCE IMPACT:
The preparation of the report is a part of the Finance workplan.
CEQA (California Environmental Quality Act):
Not a Project
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
FINANCE DEPARTMENT
CITY OF MORGAN HILL
October 31, 2024 - 33% of Year Complete
Prepared by:
Monthly Financial and Investment Reports
CITY OF MORGAN HILL, CALIFORNIA
FINANCIAL STATEMENT ANALYSIS - FISCAL YEAR 2024-25
FOR THE MONTH ENDED OCTOBER 2024 – 33% OF YEAR COMPLETE General Fund – Revenues through October totaled $10.2 million, or about 18% of the budgeted amount as some of the major revenue categories such as property tax are received later in the fiscal year. With respect to the property tax revenue forecast, the County estimates the City will receive approximately $19.9 million in property tax revenue for the current fiscal year, slightly more than the budget of $19.4 million. However, adjusting for the excess ERAF set aside of 20% or $0.5 million, the revised property tax revenue matches the budget. As for sales tax, HdL, the City's sales tax consultant, further revised downward the City's current fiscal year sales tax revenue estimate (before tax rebates) to $12.2 million, a reduction of approximately $0.7 million from the current year's budget, partially attributable to lower tax receipts from vehicle sales.
The chart below shows historical General Fund revenues by major revenue category from FY20-21 through FY23-24 Actual, FY24-25 Budget, and YTD as of October 31, 2024.
General Fund expenditures and encumbrances through October totaled $22.3 million, of which approximately $4.6 million is attributable to outstanding encumbrances, compared to prior year expenditures, including encumbrances, of $20.6 million. This represents an increase of $1.7 million, including encumbrances, compared to the prior year. Excluding the encumbrances, expenditures increased by about $1.2 million mainly due to overall cost increases. Community Services – The Community Services Department’s recreation operations, as reflected in the schedule presented on page 7 of the Monthly Financial and Investments Reports, shows a negative impact to the General Fund of approximately $1.4 million as of October 31, 2024. Recreation Services revenues continue to recover from the pandemic and are on target with budget. $16.0 $16.7 $18.1 $19.1 $19.4
$11.0 $12.9 $12.7 $12.2 $12.8
$4.4
$5.9 $5.7 $6.0 $5.9 $5.6
$6.9 $8.1 $9.2 $10.3 $9.8
$9.7 $7.8
$9.4 $8.1 $46.8
$52.1 $52.4
$56.0 $56.5
$10.2
0 10
20 30
40 50
60 FY20-21 FY21-22 FY22-23 FY23-24 Budget
FY24-25
YTD
FY24-25
Millions ($)
Historical GF Revenues
Property Tax Sales Tax Franchise and Hotel Taxes Service Charges Other
CITY OF MORGAN HILL, CALIFORNIA
FINANCIAL STATEMENT ANALYSIS - FISCAL YEAR 2024-25
FOR THE MONTH ENDED OCTOBER 2024 – 33% OF YEAR COMPLETE The chart below shows the historical net impact of Recreation Operations to the general fund.
Due to longstanding governmental accounting and budgeting convention, the City’s recreation operations are not charged for indirect costs (known in Morgan Hill as “General Fund Administration”) from the central services departments of City Attorney, City Manager, and Administrative Services.
The City’s other governmental funds, such as Development Services, and the proprietary funds, such as Water and Wastewater, and the Information Services Fund, are assessed such charges through the City’s indirect cost allocation plan, prepared in compliance with the guidelines set forth in the Code of Federal Regulations Title 2, Chapter II, Part 200 (formerly OMB Circular No. A-87), which mandates certain calculation and cost allocation practices that must be followed in order to qualify for Federal grant funding, but which also represents best practice for non-grant funded City operations like utilities and information services.
Development Services Fund – Revenues through October totaled $2.0 million compared to the prior year to date amount of approximately $1.5 million. Expenditures, including encumbrances, totaled $2.1 million.
Debt Service Funds – Expenditures through October totaled $2,636. The debt service for the first half of the year includes both interest and principal, while the second half of the year will include interest only. Debt service payments were all scheduled when the bonds were issued and are budgeted for in the months delineated in the underlying bond documents. The General Fund’s portion of the annual debt service payments is approximately $200,000, less than one percent of the General Fund’s budgeted revenues.
($2.0)
($1.5)
($1.0)
($0.5)
$0.0
$0.5
FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 FY24-25 Budget
Millions (S)
Historical Net GF Impact
CITY OF MORGAN HILL, CALIFORNIA
FINANCIAL STATEMENT ANALYSIS - FISCAL YEAR 2024-25
FOR THE MONTH ENDED OCTOBER 2024 – 33% OF YEAR COMPLETE Wastewater Operations – Revenues through October 31, 2024 totaled $4.0 million. Expenditures and outstanding encumbrances totaled $3.6 million or 22% of the budget. The table below shows historical Wastewater Operations revenues and expenditures from FY20-21 through FY23-24 Actual, FY24-25 Budget, and YTD as of October 31, 2024.
(amount in millions) FY20‐21 FY21‐22 FY22‐23 FY23‐24
Budget
FY24‐25
YTD
FY24‐25
Revenues 13.3 14.9 15.3 15.2 16.6 4.0 Expenditures 13.3 14.8 16.0 14.9 16.8 3.6 Operating Margin ‐ 0.1 (0.7) 0.3 (0.2) 0.4 Operating Margin
without Encumbrances ‐ 0.1 (0.7) 0.3 (0.2) 0.4 Water Operations – Water Operations includes Utility Billing, Water Conservation, and Water Operations. Revenues through October 31, 2024 totaled $6.5 million. Water Operations expenditures, including outstanding encumbrances, totaled $6.7 million. Morgan Hill residents consumed about 9% more water through October compared to the prior three-year average. As such, no revenue stabilization water rate was implemented. The table below shows Water Operations revenues and expenditures from FY20-21 through FY23-24 Actual, FY24-25 Budget, and YTD as of October 31, 2024. (amount in millions) FY20‐21 FY21‐22 FY22‐23 FY23‐24
Budget
FY24‐25
YTD
FY24‐25
Revenues 16.5 16.0 18.1 18.7 21.5 6.5 Expenditures 16.5 15.2 18.0 19.1 21.6 6.7 Operating Margin ‐ 0.8 0.1 (0.4) (0.1) (0.2) Operating Margin
without Encumbrances ‐ 0.8 0.1 (0.4) (0.1) 0.5 Investments – Five securities were called, and eleven new securities were purchased. Total interest earnings received on investments were $380,000 during the month.
% OF ACTUAL PLUS % OF
FUND NAME ACTUAL BUDGET ENCUMBRANCES BUDGET
General 10,234,371 $ 18% $ 22,333,605 35%
Development Services 1,993,190 33% 2,088,052 33%
Wastewater Operations 3,965,969 24% 3,645,445 22%
Wastewater Other 10,714,006 59% 8,716,185 46%
Water Operations 6,509,736 30% 6,712,713 31%
Water Other 4,757,864 33% 12,581,657 52%
Other Special Revenues * 1,896,811 22% 5,389,304 44%
Capital Projects & Streets 12,232,067 49% 24,229,994 56% Debt Service 230,423 33% 2,636 0%
Internal Service 4,607,308 32% 6,515,608 46%
TOTAL FOR ALL FUNDS 57,141,747 $ 31% $ 92,215,199 42%
* Includes all Special Revenue Funds except Development Services Fund and Street Funds.
REVENUES EXPENSES
0% 10% 20% 30% 40% 50% 60% 70%
General
Development
Services
Wastewater
Operations
Wastewater Other
Water Operations
Water Other
Other Special
Revenues *
Capital Projects
& Streets
Debt Service
Internal Service
Morgan Hill YTD Revenue & Expense Summary
October 31, 2024 - 33% of Year Complete
Revenues to Budget Expenses to Budget
Percentage of Actual to Budget
33%
% OF PRIOR YEAR % CHANGE FROM
REVENUE CATEGORY BUDGET ACTUAL BUDGET TO DATE PRIOR YEAR Property Tax 19,411,020 $ 702,530 $ 4% 659,718 $ 6%
Sales Tax 12,816,469 1,922,722 15% 2,086,612 -8%
Franchise Tax 3,185,872 568,887 18% 610,729 -7%
Hotel Tax 2,678,000 708,553 27% 714,264 -1%
Other Agencies 1,601,204 352,612 22% 182,976 93%
Service Charges 10,323,751 3,619,842 35% 3,458,705 5%
Interest/Other 3,107,665 1,291,399 42% 875,692 47%
Transfers In 3,365,760 1,067,826 32% 950,463 12%
TOTAL REVENUES 56,489,742 $ 10,234,371 $ 18% 9,539,157 $ 7% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Property Tax
Sales Tax
Franchise Tax
Hotel Tax
Other Agencies
Service Charges
Interest/Other
Transfers In
Total Revenues
Percent of Actual to Budget
Morgan Hill YTD General Fund Revenues
October 31, 2024 - 33% of Year Complete
33%
ACTUAL PLUS PRIOR YTD PLUS % CHANGE FROM
EXPENDITURE CATEGORY BUDGET ENCUMBRANCES % OF BUDGET ENCUMBRANCES PRIOR YEAR Administration $ 7,351,159 $ 2,797,850 38% 2,358,649 $ 19% Community Services 19,922,029 7,088,644 36% 7,060,430 0% Police 25,598,203 8,366,195 33% 7,438,401 12%
Fire 10,381,160 3,594,839 35% 3,342,624 8%
Transfers Out 1,458,230 486,077 33% 434,589 12%
TOTAL EXPENDITURES $ 64,710,781 $ 22,333,605 35% 20,634,694 $ 8% 0% 10% 20% 30% 40% 50%
Administration
Community
Services
Police
Fire
Transfers Out
Total Expenditures
Percent of Actual to Budget
Morgan Hill YTD General Fund Expenditures
October 31, 2024 - 33% of Year Complete
33%
City of Morgan Hill
Recreation Report - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
% of
Budget October 2024 YTD Budget
Revenues
Membership Services & Rec Programs 6,222,399 $ 479,039 $ 2,217,915 $ Facility Rentals 1,197,395 76,430 518,592
Community Services 147,498 2,341 27,828
Transfers in 100,000 6,250 33,333
Total Revenues $ 7,667,292 $ 564,060 $ 2,797,668 36%
Less: Expenditures
Membership & Program Services $ 8,040,818 $ 414,431 $ 2,384,931 Facility Rentals 633,051 50,206 173,521
Community Services 761,973 37,247 174,895
Total Expenditures $ 9,435,843 $ 501,883 $ 2,733,346 29% Net Impact without encumbrances $ (1,768,551) $ 62,177 $ 64,322 Encumbrances - - 1,492,579
Net Impact with encumbrances $ (1,768,551) $ 62,177 $ (1,428,257)
The chart below shows cash balances by fund type reconciled to City's financial system:
City of Morgan Hill
Monthly Investment Report ‐ October 31, 2024
The following are the snapshots of City's investment portfolio as of October 31, 2024. The first chart shows the portfolio composition by investment type:
LAIF ‐ $0.1M
<1% CA Class ‐ $35.4M
17%
Treasury ‐
$11.7M
6%
Money
Market ‐
$5.1M
3%
Federal Agency Issues ‐
$138.7M
69%
Certificate of Deposits ‐
$1.0M
<1%
Bond Reserves/Trust ‐
$9.0M
4%
Cash & Other Deposits ‐ $1.1M
1%
Investment Portfolio Composition ‐ $202.1 Million
LAIF ‐ $0.1M
CA Class ‐ $35.4M
Treasury ‐ $11.7M
Money Market ‐ $5.1M
Federal Agency Issues ‐
$138.7M
Certificate of Deposits ‐
$1.0M
Bond Reserves/Trust ‐
$9.0M
Cash & Other Deposits ‐
$1.1M
General Fund, $27.6M Development Services,
$2.1M
Water ‐ Operations,
$3.2M
Water Other, $31.6M
Sewer ‐ Operations,
$2.6M
Sewer Other, $47.5M
Other Special
Revenue, $18.5M
Streets and Capital
Projects, $42.2M
Debt Service , $0.6M
Internal Service,
$25.4M
Agency Funds (assessment
dists./refundable deposits),
$0.8M
Cash Balances by Fund Type ‐ $202.1 Million
The following chart illustrates a yield comparison by month among the City's portfolio, LAIF and 2‐Year US Treasury:
The chart below illustrates monthly average days to maturity of the City's portfolio along with the weighted average yield for the past two years:
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Oct‐22
Nov‐22
Dec‐22
Jan‐23
Feb‐23
Mar‐23
Apr‐23
May‐23
Jun‐23
Jul‐23
Aug‐23
Sep‐23
Oct‐23
Nov‐23
Dec‐23
Jan‐24
Feb‐24
Mar‐24
Apr‐24
May‐24
Jun‐24
Jul‐24
Aug‐24
Sep‐24
Oct‐24
Yield Portfolio vs. Benchmarks
LAIF City 2 Yr US‐Treasury
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
0 100
200
300
400
500
600
700
800
900
1000
Oct‐22
Nov‐22
Dec‐22
Jan‐23
Feb‐23
Mar‐23
Apr‐23
May‐23
Jun‐23
Jul‐23
Aug‐23
Sep‐23
Oct‐23
Nov‐23
Dec‐23
Jan‐24
Feb‐24
Mar‐24
Apr‐24
May‐24
Jun‐24
Jul‐24
Aug‐24
Sep‐24
Oct‐24
Days Yield
Portfolio Yield and Maturity Trends
Avg Days to Maturity Yield
City of Morgan Hill
Investment Portfolio Detail
As of October 31, 2024
Investment Settlement Cost Book % of Market YTM Next Call Date of Type CUSIP Date Value Value Portfolio Value at Cost Date Maturity L A I F $ 61,817 $ 61,817 0.0% $ 61,944 4.52% California C L A S S 35,362,803 35,362,803 17.5% 35,362,803 5.00% WFB Money Market 4,560,774 4,560,774 2.3% 4,560,774 4.79% US Bank ‐ Portfolio of Securities
Dreyfus Treasury Agency MM 261908107 561,465 561,465 0.3% 561,465 4.71% Treasury Note 91282CCZ2 10/8/2021 1,987,656 1,995,254 1.0% 1,880,080 1.00% 9/30/2026 9/30/2026 Treasury Note 912828U24 6/13/2022 1,904,688 1,956,060 1.0% 1,917,040 3.16% 11/15/2026 11/15/2026 Treasury Note 91282CFL0 9/30/2024 2,031,719 2,031,180 1.0% 1,973,680 3.53% 9/30/2029 9/30/2029 Treasury Note 91282CLL3 10/1/2024 1,994,323 1,991,581 1.0% 1,960,000 3.53% 9/15/2027 9/15/2027 Treasury Note 91282CCV1 10/4/2024 1,822,536 1,823,821 0.9% 1,786,720 3.61% 8/31/2028 8/31/2028 Treasury Note 31282CFJ5 10/7/2024 1,949,794 1,944,165 1.0% 1,909,220 3.76% 8/31/2029 8/31/2029 FFCB Bond 3133ELC28 5/27/2020 2,000,000 2,000,000 1.0% 1,959,280 0.73% 11/5/2024 5/27/2025 FHLMC Bond 3134GVYN2 6/3/2020 2,000,000 2,000,000 1.0% 1,992,620 0.60% 12/3/2024 12/3/2024 FHLMC Bond 3134GWZG4 10/20/2020 2,000,000 2,000,000 1.0% 1,929,060 0.60% 1/20/2025 10/20/2025 FHLMC Bond 3134GW3X2 10/27/2020 2,000,000 2,000,000 1.0% 1,929,420 0.63% 1/27/2025 10/27/2025 FFCB Bond 3133EMFR8 11/3/2020 2,000,000 2,000,000 1.0% 1,923,060 0.54% 11/5/2024 11/3/2025 FNMA Bond 3135GA4P3 11/18/2020 2,000,000 2,000,000 1.0% 1,926,560 0.65% 11/18/2024 11/18/2025 FHLMC Bond 3134GXEJ9 11/24/2020 2,000,000 2,000,000 1.0% 1,923,320 0.64% 11/24/2024 11/24/2025 FFCB Bond 3133EMHF2 11/24/2020 1,000,000 1,000,000 0.5% 962,220 0.60% 11/5/2024 11/24/2025 FHLMC Bond 3134GXCS1 11/25/2020 3,000,000 3,000,000 1.5% 2,887,140 0.63% 11/25/2024 11/25/2025 FHLMC Bond 3134GXFA7 11/30/2020 2,000,000 2,000,000 1.0% 1,925,060 0.65% 11/26/2024 11/26/2025 FFCB Bond 3133EMLC4 12/22/2020 2,000,000 2,000,000 1.0% 1,915,880 0.47% 11/5/2024 12/22/2025 FHLB Bond 3130AKQ74 1/22/2021 2,000,000 2,000,000 1.0% 1,912,440 0.63% 11/22/2024 1/22/2026 FNMA Bond 3135G06R9 1/28/2021 2,000,000 2,000,000 1.0% 1,911,520 0.55% 11/28/2024 1/28/2026 FHLB Bond 3130AKRN8 1/28/2021 2,000,000 2,000,000 1.0% 1,911,840 0.65% 11/28/2024 1/28/2026 FHLB Bond 3130ALCV4 2/24/2021 2,000,000 2,000,000 1.0% 1,909,340 0.75% 11/24/2024 2/24/2026 FHLB Bond 3130ALDB7 2/25/2021 2,000,000 2,000,000 1.0% 1,906,900 0.66% 11/25/2024 2/25/2026 FHLB Bond 3130AKZ25 2/26/2021 2,000,000 2,000,000 1.0% 1,906,460 0.65% 11/26/2024 2/26/2026 FHLB Bond 3130ALGS7 3/10/2021 2,000,000 2,000,000 1.0% 1,908,760 0.85% 12/10/2024 3/10/2026 FHLB Bond 3130ALEP5 3/16/2021 2,000,000 2,000,000 1.0% 1,903,680 0.70% 12/16/2024 3/16/2026 FHLB Bond 3130ALDN1 3/16/2021 2,000,000 2,000,000 1.0% 1,906,320 0.80% 12/16/2024 3/16/2026 FHLB Bond 3130AMNH1 6/9/2021 2,000,000 2,000,000 1.0% 1,899,740 1.08% 11/5/2024 6/9/2026 FHLB Bond 3130AMYJ5 6/30/2021 2,000,000 2,000,000 1.0% 1,893,560 1.00% 12/30/2024 6/30/2026 FHLB Bond 3130AMYP1 7/15/2021 3,000,000 3,000,000 1.5% 2,842,320 1.13% 1/15/2025 7/15/2026 FHLB Bond 3130AMYS5 7/15/2021 2,000,000 2,000,000 1.0% 1,950,700 0.85% 1/15/2025 7/15/2025 FHLB Bond 3130ANJC5 8/26/2021 2,000,000 2,000,000 1.0% 1,880,220 0.80% 8/26/2025 8/26/2026 FHLB Bond 3130ANLW8 8/26/2021 3,000,000 3,000,000 1.5% 2,830,710 1.00% 11/26/2024 8/26/2026 FHLB Bond 3130ANLZ1 8/26/2021 2,000,000 2,000,000 1.0% 1,883,680 0.90% 8/26/2025 8/26/2026 FHLB Bond 3130A8XY4 9/13/2021 2,103,340 2,038,508 1.0% 1,916,880 0.82% 9/11/2026 9/11/2026 FFCB Bond 3133EM4X7 9/28/2021 1,982,960 1,993,603 1.0% 1,880,080 0.98% 9/10/2026 9/10/2026 FHLB Bond 3130APCH6 9/29/2021 3,000,000 3,000,000 1.5% 2,828,880 1.13% 11/5/2024 9/29/2026 FHLB Bond 3130ANZE3 9/30/2021 2,000,000 2,000,000 1.0% 1,878,160 0.88% 9/30/2026 9/30/2026 FHLB Bond 3130AP6N0 9/30/2021 3,000,000 3,000,000 1.5% 2,824,530 1.05% 12/30/2024 9/30/2026 FHLB Bond 3130AP6M2 9/30/2021 3,000,000 3,000,000 1.5% 2,822,910 1.02% 12/30/2024 9/30/2026 FHLB Bond 3130APCG8 10/19/2021 2,000,000 2,000,000 1.0% 1,877,860 1.00% 1/19/2025 10/19/2026 FHLB Bond 3130APNX9 11/18/2021 2,000,000 2,000,000 1.0% 1,883,600 1.30% 11/18/2024 11/18/2026 FHLB Bond 3130AQHU0 1/19/2022 2,000,000 2,000,000 1.0% 1,918,360 1.74% 1/19/2027 1/19/2027 FHLB Bond 3130AQKT9 1/25/2022 2,000,000 2,000,000 1.0% 1,964,520 1.51% 7/25/2025 7/25/2025 FHLB Bond 3130AR4F5 3/10/2022 2,000,000 2,000,000 1.0% 1,994,760 3.48% 12/10/2024 3/10/2027 FHLMC Bond 3134GXUZ5 6/15/2022 2,000,000 2,000,000 1.0% 1,987,500 3.28% 12/15/2025 12/15/2025 FHLB Bond 3130ASPE3 7/28/2022 2,000,000 2,000,000 1.0% 1,992,920 4.30% 1/28/2025 7/28/2027 FHLMCMTN Bond 3134GYG22 2/16/2023 3,000,000 3,000,000 1.5% 2,996,010 5.13% 11/16/2024 11/16/2026 FHLMCTN Bond 3134H1QG1 1/26/2024 3,000,000 3,000,000 1.5% 3,005,610 4.66% 1/26/2025 1/26/2029 FHLB Bond 3130AYXA9 2/12/2024 2,000,000 2,000,000 1.0% 1,999,800 5.50% 11/12/2024 2/12/2029 FHLMCTN Bond 3134H1UN1 2/26/2024 1,200,000 1,200,000 0.6% 1,198,512 5.50% 2/26/2025 2/26/2029 FHLMCTN Bond 3134H1UN1 2/26/2024 2,000,000 2,000,000 1.0% 1,997,520 5.50% 2/26/2025 2/26/2029 FHLMCMTN Bond 3134H1P56 5/28/2024 2,000,000 2,000,000 1.0% 1,998,540 6.00% 11/25/2024 5/25/2029 FHLB Bond 3130B22Z7 8/1/2024 2,000,000 2,000,000 1.0% 2,000,120 5.55% 1/3/2025 7/30/2029
Investment Settlement Cost Book % of Market YTM Next Call Date of Type CUSIP Date Value Value Portfolio Value at Cost Date Maturity FHLB Bond 3130B2EG6 8/21/2024 2,000,000 2,000,000 1.0% 1,999,000 5.20% 2/21/2025 8/21/2029 FHLMCMTN Bond 3134HAFW8 8/26/2024 3,002,750 3,000,000 1.5% 2,991,960 5.50% 11/20/2024 8/20/2029 FHLB Bond 3130B2M85 9/6/2024 2,000,000 2,000,000 1.0% 1,999,980 5.20% 12/6/2024 9/6/2029 FHLB Bond 3130B2KZ7 9/11/2024 2,000,000 2,000,000 1.0% 1,998,580 5.00% 3/11/2025 9/11/2029 FHLMCMTN Bond 3134HAKY8 9/13/2024 2,985,210 2,985,604 1.5% 2,935,560 4.11% 12/13/2024 9/13/2029 FHLB Bond 3130B2MK8 9/19/2024 2,000,000 2,000,000 1.0% 1,997,200 5.00% 3/19/2025 9/19/2028 FHLMCMTN Bond 3134HALK7 9/19/2024 3,000,000 3,000,000 1.5% 2,992,770 5.00% 12/19/2024 9/19/2029 FHLB Bond 3130B2P58 9/26/2024 2,003,014 2,000,000 1.0% 1,963,200 3.87% 9/10/2026 9/10/2029 FHLB Bond 3130B2X59 9/27/2024 2,000,000 2,000,000 1.0% 1,969,900 4.00% 9/18/2025 9/18/2028 FHLMCMTN Bond 3134HANZ2 10/1/2024 3,000,000 3,000,000 1.5% 2,996,520 5.00% 11/1/2024 10/1/2029 FHLB Bond 3130B33T8 10/8/2024 2,500,000 2,500,000 1.2% 2,498,400 5.00% 1/2/2025 10/2/2029 FHLB Bond 3130B35N9 10/8/2024 2,000,000 2,000,000 1.0% 1,984,500 4.50% 10/1/2025 10/1/2029 FHLMCMTN Bond 3134HARE5 10/11/2024 2,000,000 2,000,000 1.0% 1,998,580 4.75% 4/11/2025 10/11/2029 FNMA Bond 3135GAW98 10/15/2024 2,000,000 2,000,000 1.0% 1,994,520 5.00% 4/1/2025 10/1/2029 FHLB Bond 3130B36N8 10/15/2024 1,944,000 1,994,053 1.0% 1,971,220 4.32% 4/15/2026 10/15/2029 FHLB Bond 3130B3ER0 10/24/2024 2,000,000 2,000,000 1.0% 2,000,340 5.00% 1/22/2025 10/22/2027 FHLMCMTN Bond 3134HAVE0 10/30/2024 2,000,000 2,000,000 1.0% 1,997,420 5.25% 1/30/2025 10/30/2029 CD ‐ Morgan Stanley Bank 61690DGT9 11/8/2023 250,000 250,000 0.1% 260,295 5.05% 11/8/2028 11/8/2028 CD ‐ Morgan Stanley Private Bank 61768EE82 11/8/2023 250,000 250,000 0.1% 260,295 5.05% 11/8/2028 11/8/2028 CD ‐ American Express 02589AF98 11/8/2023 250,000 250,000 0.1% 259,838 5.00% 11/8/2028 11/8/2028 CD ‐ State Bank India 8562834U7 11/24/2023 250,000 250,000 0.1% 262,828 5.00% 11/24/2028 11/24/2028 Sub Total/Average $ 151,973,456 $ 152,015,295 75.2% 147,919,992 $ 2.63% Total City Managed/Average $ 191,958,850 $ 192,000,689 95.0% 187,905,514 $ 3.12% Bond Reserve Accounts ‐ Held By Trustees $ 1,128,146 $ 1,128,146 0.6% $ 1,128,146 Cash/Deposits $ 1,083,218 $ 1,083,218 0.5% $ 1,083,218 PARS and CALPERS CERBT Trust $ 7,887,404 $ 7,887,404 3.9% $ 9,546,206 GRAND TOTAL/AVERAGE $ 202,057,618 $ 202,099,457 100.0% 199,663,084 $
Invested Book Value % of Market
in Fund Yield End of Month Total Value
Investments
State Treasurer LAIF - City All Funds Pooled 4.52% $ 61,817 0.0% $ 61,944 California CLASS All Funds Pooled 5.00% 35,362,803 17.5% 35,362,803 US Bank - Portfolio of Securities All Funds Pooled 2.63% 152,015,295 75.2% 147,919,992 WFB MMA All Funds Pooled 4.79% 4,560,774 2.3% 4,560,774 SUBTOTAL $ 192,000,689 95.0% 187,905,514 $
Bond Reserve Accounts - held by trustees
Zions Bank - Civic Center/Library Facility
Blackrock Liq Fund Debt Service 4.93% 249,367 0.1% 249,367 Zions Bank - MH Police Facility Lease Revenue Bonds
Blackrock Liq Fund Debt Service 4.93% 317,377 0.2% 317,377 BNY - RDA Bonds
Dreyfus Cash Mgmt 521 Agency Fund 4.42% 294,661 0.1% 294,661 Zions Bank - Madrone Bus Park Taxable/ Tax Exempt 2015
Blackrock Liquidity Temp Fund-2015 Agency Fund 4.93% 0.1% 266,742 266,742 SUBTOTAL 1,128,146 0.6% 1,128,146
Other Cash/Deposits
General Checking All Funds 1,037,368 0.5% 1,037,368
Workers' Comp Administrators Workers' Comp 30,000 0.0% 30,000 Petty Cash & Emergency Cash General Fund 15,850 0.0% 15,850 CALPERS CERBT - OPEB Trust 5,237,404 2.6% 6,380,475
PARS - PENSION Trust 2,650,000 1.3% 3,165,731
SUBTOTAL 8,970,622 4.4% 10,629,424
Total Cash and Investments $ 202,099,457 100.0% $ 199,663,084
CASH ACTIVITY SUMMARY
FY 2024-25
07/01/2023 Change in 10/31/2024
Fund Type Balance Cash Balance Balance
General Fund $ 30,617,860 $ (2,993,401) $ 27,624,459
Development Services 1,939,319 186,297 2,125,616
Water - Operations 2,386,837 781,883 3,168,720
Water Other 27,894,107 3,683,943 31,578,050
Sewer - Operations 1,178,576 1,441,277 2,619,853
Sewer Other 41,964,736 5,521,654 47,486,389
Other Special Revenue 17,038,062 1,445,157 18,483,219
Streets and Capital Projects 39,467,115 2,791,240 42,258,355 Debt Service 346,933 227,786 574,720
Internal Service 27,935,786 (2,560,698) 25,375,088
Agency Funds (assessment dists./refundable deposits) 7,240,095 (6,435,108) 804,986 Total $ 198,009,426 $ 4,090,031 $ 202,099,457
Note: See Investment Porfolio Detail for maturities of "Investments." Market values are obtained from the City's investment brokers' monthly reports.
I certify that information on the investment report has been reconciled to the general ledger and bank statements and that there are sufficient funds to meet the expenditure requirements of the City for the next six months. The portfolio is in compliance with the City of Morgan Hill Investment Policy and all State laws and regulations.
Prepared by: ____________________________________ Approved by:
Gina Nazareno, Senior Accountant
Reviewed by: ____________________________________
Dat Nguyen, Finance Director Caitlin Jachimowicz, Treasurer
CITY OF MORGAN HILL CASH AND INVESTMENT REPORT
FOR THE MONTH OF OCTOBER 31, 2024
FOR THE FISCAL YEAR OF 2024-25
City of Morgan Hill
Year to Date Revenues - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
CURRENT INCR (DECR)
ADOPTED AMENDED YTD % PRIOR FROM PRIOR %
BUDGET BUDGET ACTUAL OF BUDGET YTD YTD CHANGE
010 GENERAL FUND
TAXES
Property Tax - Secured/Unsecured $ 16,210,880 16,210,880 $ 667,779 4% $ 617,874 $ 49,906 8% Property Tax - RPTTF Residual Distribution 2,895,920 2,895,920 n/a - - n/a - Property Tax - Supplemental Roll 304,220 304,220 34,751 11% 41,844 (7,093) -17% Sales Tax 12,352,215 12,352,215 1,888,580 15% 2,017,523 (128,942) -6% Public Safety Sales Tax 464,254 464,254 34,141 7% 69,089 (34,948) -51% Transient Occupancy Taxes 2,678,000 2,678,000 708,553 26% 714,264 (5,710) -1% Franchise (Refuse ,Cable ,PG&E) 3,185,872 3,185,872 568,887 18% 610,729 (41,842) -7% Property Transfer Tax 600,000 600,000 162,431 27% 43,549 118,882 37% TOTAL TAXES 38,691,361 38,691,361 4,065,123 11% 4,190,204 (125,080) -3%
LICENSES/PERMITS
Business License 200,000 200,000 178,678 89% 152,263 26,415 17% Other Permits 80,750 80,750 35,220 44% 12,726 22,494 177% TOTAL LICENSES/PERMITS 280,750 280,750 213,898 76% 164,990 48,909 30%
FINES AND PENALTIES
Parking Enforcement 9,800 9,800 3,166 32% 3,594 (428) -12% Bails & Fines 55,000 55,000 7,757 14% 18,190 (10,434) -57% Administrative Citations 20,000 20,000 11,675 58% (4,058) 15,733 -26% TOTAL FINES AND PENALTIES 84,800 84,800 22,597 27% 37,517 (14,920) -40%
OTHER AGENCIES
Motor Vehicle in-Lieu 61,800 61,800 n/a - - n/a -
Other Revenue - Other Agencies 1,601,204 1,332,381 352,612 22% 182,976 169,636 93% TOTAL OTHER AGENCIES 1,394,181 1,663,004 352,612 21% 182,976 169,636 93%
CHARGES CURRENT SERVICES
Police False Alarm Charge 33,500 33,500 9,394 28% 9,936 (542) -5% Business License Application Review 82,400 82,400 18,470 22% 59,194 (40,725) -69% Membership Services & Rec Programs 6,222,399 6,222,399 2,217,915 36% 2,098,498 119,417 6% Facility Rentals 1,197,395 1,197,395 518,592 43% 482,401 36,191 8% Community Services 147,498 147,498 27,828 19% 9,980 17,848 179% General Administration Overhead 1,756,111 1,756,111 560,970 32% 590,706 (29,736) -5% Other Charges Current Services 884,448 884,448 266,673 30% 207,989 58,684 28% TOTAL CURRENT SERVICES 10,323,751 10,323,751 3,619,842 35% 3,458,705 161,137 5%
OTHER REVENUE
Use of money/property 1,375,045 1,375,045 638,681 46% 459,330 179,351 39% Other Revenues 705,270 705,270 253,791 36% 94,973 167% 158,817 TOTAL OTHER REVENUE 2,080,315 2,080,315 892,472 43% 554,303 338,169 61%
TRANSFERS IN
One Time Transfer 165,000 165,000 55,000 33% 60,000 (5,000) -8% Public Safety Facilities Fund 50,000 50,000 16,667 33% 16,667 0% - Supplemental Law Enforcement Fund 100,000 100,000 33,333 33% - 33,333 n/a Countywide Solid Waste 540,328 540,328 180,109 33% 124,333 55,776 45% Streets 851,932 851,932 229,884 27% 218,096 11,788 5%
Park Maintenance 650,000 650,000 216,667 33% 216,667 n/a - Sewer Operations 413,700 413,700 137,900 33% 131,333 6,567 5% Water Operations 413,700 413,700 137,900 33% 131,333 6,567 5% Open Space 81,100 81,100 27,033 33% 27,033 n/a -
Park Development 100,000 100,000 33,333 33% 8,333 25,000 33% TOTAL TRANSFERS IN 3,365,760 3,365,760 1,067,826 32% 950,463 117,364 12% TOTAL GENERAL FUND 56,220,919 56,489,742 10,234,371 18% 9,539,157 695,214 7%
SPECIAL REVENUE FUNDS
202 STREET MAINTENANCE
Gas Tax 2105 - 2107.5 851,932 851,932 227,612 27% 216,741 10,872 5% Interest / Other Revenue/Other Charges 2,135 2,135 2,272 106% 917 1,355 68% 202 STREET MAINTENANCE 854,067 854,067 229,884 27% 218,096 11,788 5%
City of Morgan Hill
Year to Date Revenues - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
CURRENT INCR (DECR)
ADOPTED AMENDED YTD % PRIOR FROM PRIOR %
BUDGET BUDGET ACTUAL OF BUDGET YTD YTD CHANGE
SPECIAL REVENUE FUNDS
205 SUPPLEMENTAL LAW ENFORCEMENT FUND
Interest Income 12,957 12,957 5,940 46% 2,940 2,999 102% Police Grant/SLEF/JAG 100,000 100,000 102,997 103% 8,505 94,492 9% 205 SUPPLEMENTAL LAW ENFORCEMENT FUND 112,957 112,957 108,936 96% 97,433 11,504 12% 206 DEVELOPMENT SERVICES
Building Fees 3,510,850 3,510,850 1,268,826 36% 1,017,076 251,750 25% Planning Fees 954,276 954,276 353,652 37% 223,249 130,403 58% Engineering Fees 942,327 942,327 296,858 32% 170,406 126,452 74% Other Revenue/Current Charges 550,599 550,599 73,854 13% 52,442 21,412 41% 206 DEVELOPMENT SERVICES 5,958,052 5,958,052 1,993,190 33% 1,463,173 530,017 36% 207 LONG RANGE PLANNING 1,751,005 1,751,005 281,241 16% 251,314 29,927 12% 215 and 216 HCD BLOCK GRANT
Interest Income/Other Revenue 1,161 1,161 1,018 88% 564 80% 454 215 and 216 HCD BLOCK GRANT 1,161 1,161 1,018 88% 564 80% 454 225 ASSET SEIZURE 2,807 2,807 1,553 55% 865 79% 688
229 LIGHTING AND LANDSCAPE 206,415 206,415 3,485 2% 1,906 1,579 83% 230 COMMUNITY FACILITIES DISTRICT 28,828 28,828 2,465 9% 1,337 1,128 84% 232 ENVIRONMENTAL PROGRAMS 501,236 501,236 158,300 32% 190,211 (31,912) -17% 234 MOBILE HOME PARK RENT STAB. 2,872 2,872 1,196 42% 644 86% 552 236 HOUSING MITIGATION 2,762,629 2,762,629 668,438 24% 699,116 (30,678) -4% 240 EMPLOYEE ASSISTANCE 1,297 1,297 2,413 186% 2,686 (273) -10% 246 COUNTYWIDE SOLID WASTE 2,279,503 2,279,503 432,896 19% 526,793 (93,897) -18% 247 ENVIRONMENT REMEDIATION - - n/a - 1,188 (1,188) -100% 255 HOUSING SUCCESSOR AGENCY 463,881 463,881 234,870 51% 92,668 142,203 153% 260 PUBLIC ART 1,411 1,411 n/a - - n/a -
TOTAL SPECIAL REVENUE FUNDS 14,928,122 14,928,122 4,119,886 28% 3,547,995 571,891 16%
CAPITAL PROJECTS FUNDS
301 PARK DEVELOPMENT 1,999,271 1,999,271 1,762,018 88% 144,019 1,618,000 1123% 302 PARK MAINTENANCE 15,507 15,507 41,435 267% 31,003 10,431 34% 303 LOCAL DRAINAGE 1,424,799 1,424,799 348,467 24% 211,245 137,222 65% 304 LOCAL DRAINAGE/NON AB1600 251,296 251,296 92,791 37% 11,974 80,817 675% 306 AGRICULTURE & OPEN SPACE PRESERVATION 18,459 18,459 399,457 2164% 52,690 346,767 658% 308 STREET CIP 3,886,877 3,886,877 1,165,999 30% 782,439 383,560 49% 309 TRAFFIC IMPACT 4,753,292 4,753,292 1,741,079 37% 191,304 1,549,775 810% 315 PUBLIC SAFETY FACILITIES IMPACT 4,703,214 4,703,214 1,567,822 33% 121,539 1,446,283 1190% 346 PUBLIC FACILITIES NON-AB1600 189,832 189,832 37,861 20% 124,605 (86,744) -70% 347 PUBLIC FACILITIES IMPACT 451,223 451,223 304,883 68% 35,309 269,574 763% 348 LIBRARY 1,414,286 1,414,286 1,242,884 88% 111,604 1,131,280 1014% 350 UNDERGROUNDING 74,302 74,302 26,851 36% 14,497 12,355 85% 355 SCHOOL PEDESTRIAN/TRAFFIC SAFETY - - n/a - 752 -100% (752) 360 COMMUNITY/REC IMPACT FUND 2,501,528 2,501,528 2,040,164 82% 192,904 1,847,260 958% 375 QUIMBY FEE 2,650,042 2,650,042 1,230,471 46% 790,728 439,743 56% TOTAL CAPITAL PROJECTS FUNDS 24,333,927 24,333,927 12,002,183 49% 2,816,614 9,185,569 326%
DEBT SERVICE FUNDS
420 CIVIC CENTER DEBT 300,467 300,467 100,930 34% 98,741 2,189 2% 441 POLICE FACILITY BOND 390,939 390,939 129,493 33% 129,863 (370) 0% TOTAL DEBT SERVICE FUNDS 691,406 691,406 230,423 33% 228,604 1,819 1%
City of Morgan Hill
Year to Date Revenues - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
CURRENT INCR (DECR)
ADOPTED AMENDED YTD % PRIOR FROM PRIOR %
BUDGET BUDGET ACTUAL OF BUDGET YTD YTD CHANGE
ENTERPRISE FUNDS
640 WASTEWATER OPERATION
Sewer Service Fees 16,100,000 16,100,000 3,846,496 24% 3,758,590 87,906 2% Interest Income/Transfers 141,661 141,661 32,421 23% 16,312 16,110 99% Other Revenue/Current Charges 397,200 397,200 87,052 22% 7,562 79,490 10% 640 WASTEWATER OPERATION 16,638,861 16,638,861 3,965,969 24% 3,854,392 111,577 3% 641 WASTEWATER EXPANSION
Interest Income 275,047 275,047 325,214 118% 189,751 135,462 71% Development Impact Fee 11,546,118 11,546,118 7,858,725 68% 713,863 7,144,862 1001% Transfer From-643 (Sewer Replacement) - - - n/a - - n/a 641 WASTEWATER EXPANSION 11,821,165 11,821,165 8,183,939 69% 903,614 7,280,325 806% 642 WASTEWATER RATE STABILIZATION 108,613 108,613 47,219 43% 89,165 (41,947) -47% 643 WASTEWATER CAPITAL PROJECT 6,149,134 6,149,134 2,482,849 40% 1,843,439 639,410 35% TOTAL SEWER FUNDS 34,717,773 34,717,773 14,679,976 42% 6,690,611 7,989,365 119% 650 WATER OPERATION
Water Sales 19,620,000 19,620,000 5,780,917 29% 5,162,321 618,596 12% Meter Install & Service 107,000 107,000 46,797 44% 46,653 144 0% Transfers-In / Interest Income 894,617 894,617 219,601 25% 223,717 (4,116) -2% Other Revenue/Current Charges 926,109 926,109 462,420 50% 252,782 209,638 121% 650 WATER OPERATION 21,547,726 21,547,726 6,509,736 30% 5,642,330 867,406 15% 651 WATER EXPANSION
Interest Income/Other Revenue/Transfer 92,467 92,467 67,601 73% 26,361 41,239 156% Development Impact Fee 3,829,384 3,829,384 2,359,538 62% 2,180,114 179,424 1215% 651 WATER EXPANSION 3,921,851 3,921,851 2,427,139 62% 205,785 2,221,353 1079% 652 WATER RATE STABILIZATION 115,840 115,840 51,183 44% 28,382 22,802 80% 653 WATER CAPITAL PROJECT 10,380,062 10,380,062 2,279,542 22% 2,429,112 (149,570) -6% TOTAL WATER FUNDS 35,965,479 35,965,479 11,267,600 31% 8,305,609 2,961,991 36% TOTAL ENTERPRISE FUNDS 70,683,252 70,683,252 25,947,576 37% 14,996,220 10,951,356 73%
INTERNAL SERVICE FUNDS
730 INFORMATION SYSTEMS 2,883,241 2,883,241 963,626 33% 836,303 127,323 15% 740 BUILDING MAINTENANCE 1,421,485 1,421,485 475,330 33% 558,962 (83,632) -15% 741 BUILDING REPLACEMENT 1,041,905 1,041,905 369,163 35% 314,259 54,904 17% 745 CIP ADMINISTRATION 2,582,015 2,582,015 634,017 25% 388,245 245,772 63% 760 UNEMPLOYMENT INSURANCE 10,206 10,206 4,175 41% 2,453 1,721 70% 770 WORKERS COMPENSATION 1,157,705 1,157,705 317,963 27% 289,431 28,532 10% 790 EQUIPMENT REPLACEMENT 1,680,580 1,680,580 621,963 37% 437,073 184,890 42% 791EMPLOYEE BENEFITS 1,183,215 1,183,215 383,657 32% 284,566 99,091 35% 795 GENERAL LIABILITY INSURANCE 2,519,216 2,519,216 837,414 33% 703,534 133,880 19% TOTAL INTERNAL SERVICE FUNDS 14,479,568 14,479,568 4,607,308 32% 3,814,827 792,481 21% TOTAL FOR ALL FUNDS $ 181,337,194 $ 181,606,017 $ 57,141,747 31% $ 34,943,417 $ 22,198,330 64%
City of Morgan Hill
Year to Date Expenses - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
CURRENT
FUND MONTH PERCENT OF
NO. FUND/ACTIVITY ACTUAL AMENDED YTD OUTSTANDING TOTAL TOTAL TO PRIOR
EXPENSES BUDGET EXPENSES ENCUMBRANCE ALLOCATED BUDGET YTD 010 GENERAL FUND
I. ADMINISTRATION
CITY COUNCIL 15,824 $ 520,395 $ 169,080 $ - $ 169,080 $ 32% 117,409 $ .
CITY ATTORNEY 76,198 1,134,397 296,051 93,607 389,657 34% 262,799 CITY MANAGER 46,270 1,007,624 153,415 11,261 164,676 16% 209,381 HUMAN RESOURCES 88,420 1,087,175 346,895 - 346,895 32% 261,282
COUNCIL SVCS & RECORDS MGMT
Council Svcs & Records Mgmt 47,319 609,913 166,875 - 166,875 27% 174,222 Elections 2,707 354,364 2,338 - 2,338 1% 9,382
COUNCIL SVCS & RECORDS MGMT 50,027 964,277 169,213 - 169,213 18% 183,603 FINANCE 158,349 2,637,291 588,356 969,975 1,558,330 59% 632,432 TOTAL ADMINISTRATION 435,088 7,351,159 1,723,008 1,074,842 2,797,850 38% 1,666,906 II. COMMUNITY SERVICES
Membership Services & Rec. Programs 414,431 8,040,818 2,384,931 1,365,376 3,750,307 47% 2,241,372 Recreation Facility Rentals 50,206 633,051 173,521 56,140 229,661 36% 176,374 Innovative Transit 33,164 590,944 174,655 290,352 465,008 79% 171,881 Community Services 37,247 761,973 174,895 71,063 245,957 32% 163,488 Park Maintenance 86,154 1,472,380 321,276 16,903 338,179 23% 339,777 Environmental Services 45,198 1,067,544 182,086 13,954 196,041 18% 108,935 Countywide Solid Waste Program 40,898 540,327 144,572 - 144,572 27% 120,248 Street Maintenance 237,018 3,511,464 838,983 13,398 852,381 24% 677,960 Downtown Maintenance 26,196 378,065 72,367 16,047 88,414 23% 78,482 PD Building Maintenance 57,176 664,355 153,360 45,214 198,574 30% 78,482 Cable Television 7,544 91,234 29,944 - 29,944 33% 28,878 COMMUNITY SERVICES 1,035,232 17,752,155 4,650,590 1,888,448 6,539,038 37% 4,185,877 CODE COMPLIANCE 31,164 405,637 115,778 - 115,778 29% 58,720 INFRASTRUCTURE PLANNING & CONGESTION MGMT 555,166 34,833 120,949 - 120,949 22% 99,287 ECONOMIC DEVELOPMENT PROGRAMS 67,200 1,209,072 251,039 61,841 312,880 26% 330,380 TOTAL COMMUNITY SERVICES 1,168,429 19,922,029 5,138,356 1,950,288 7,088,644 36% 4,674,263 III. PUBLIC SAFETY
POLICE
PD Administration 134,999 2,296,286 543,683 50,000 593,683 26% 463,594 Field Operations 1,032,202 13,884,900 3,428,250 861,098 4,289,348 31% 3,506,151 Support Services 201,098 2,556,380 805,842 593,800 1,399,642 55% 919,002 Emergency Services/Haz Mat 18,831 275,047 71,857 - 71,857 26% 66,356 Special Operations 339,712 4,244,340 1,331,938 - 1,331,938 31% 1,198,225 Dispatch Services 184,687 2,341,249 679,725 - 679,725 29% 609,898 POLICE 1,911,529 25,598,203 6,861,297 1,504,898 8,366,195 33% 6,763,226 FIRE 777,253 10,381,160 3,526,559 68,280 3,594,839 35% 3,042,698 TOTAL PUBLIC SAFETY 2,688,782 35,979,363 10,387,856 1,573,178 11,961,034 33% 9,805,923 IV. TRANSFERS
Other 121,519 1,458,230 486,077 - 486,077 33% 434,589
TOTAL TRANSFERS 121,519 1,458,230 486,077 - 486,077 33% 434,589 TOTAL GENERAL FUND 4,413,818 64,710,781 17,735,297 4,598,308 22,333,605 35% 16,581,681
City of Morgan Hill
Year to Date Expenses - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
CURRENT
FUND MONTH PERCENT OF
NO. FUND/ACTIVITY ACTUAL AMENDED YTD OUTSTANDING TOTAL TOTAL TO PRIOR
EXPENSES BUDGET EXPENSES ENCUMBRANCE ALLOCATED BUDGET YTD
SPECIAL REVENUE FUNDS
202 STREET MAINTENANCE 454 857,383 231,701 - 231,701 27% 219,827 205 PUBLIC SAFETY/SUPP.LAW 113 101,354 33,784 - 33,784 33% 430 206 DEVELOPMENT SERVICES FUND
Planning 127,364 1,700,561 475,914 1,183 477,097 28% 522,959 Building 201,735 3,055,890 777,063 158,394 935,457 31% 751,488 Engineering 114,148 1,644,092 445,174 230,325 675,499 41% 523,084 206 DEVELOPMENT SERVICES FUND 443,247 6,400,543 1,698,151 389,901 2,088,052 33% 1,797,530 207 LONG RANGE PLANNING 67,360 3,125,686 264,666 1,000,000 1,264,666 40% 269,971 215/216 CDBG 7 87 29 - 29 33% 28
225 ASSET SEIZURE 68 821 274 - 274 33% 261
229 LIGHTING AND LANDSCAPE 16,201 212,191 53,707 24,723 78,430 37% 42,667 230 COMMUNITY FACILITIES DISTRICT 1,559 23,511 7,906 - 7,906 34% 10,475 232 ENVIRONMENT PROGRAMS 32,432 453,818 119,355 8,492 127,847 28% 128,544 234 MOBILE HOME PARK 79 952 317 - 317 33% 302
236 HOUSING MITIGATION 224,975 2,214,529 404,804 758,552 1,163,356 53% 254,888 240 EMPLOYEE ASSISTANCE 3,583 20,993 3,831 - 3,831 18% 2,315 246 COUNTYWIDE SOLID WASTE PROGRAM 287,383 2,648,132 519,597 1,463,470 1,983,067 75% 262,418 255 HOUSING SUCCESSOR AGENCY 77,361 1,319,931 456,770 266,875 723,645 55% 424,947 260 PUBLIC ART 575 16,306 2,152 - 2,152 13% -
TOTAL SPECIAL REVENUE FUNDS 1,155,397 17,396,238 3,797,044 3,912,013 7,709,057 44% 3,414,603
CAPITAL PROJECT FUNDS
301 PARK DEVELOPMENT 142,475 3,460,007 425,893 175,918 601,811 17% 349,861 302 PARK MAINTENANCE 54,167 650,000 218,257 - 218,257 34% 216,956 303 LOCAL DRAINAGE 2,735 4,481,065 12,332 1,296,068 1,308,400 29% 223,438 304 LOCAL DRAIN. NON-AB1600 21,769 505,176 30,329 - 30,329 6% 20,310 306 AGRICULTURE & OPEN SPACE PRESERVATIO 128,157 10,680 42,719 - 42,719 33% 32,533 308 STREET CIP 84,594 4,992,517 2,237,249 2,289,634 4,526,883 91% 1,642,347 309 TRAFFIC IMPACT 78,772 4,593,527 361,473 2,972,773 3,334,246 73% 188,472 315 PUBLIC SAFETY FACILITIES IMPACT 1,927,919 8,993,315 3,036,558 4,303,281 7,339,839 82% 293,047 346 PUBLIC FAC.NON AB1600 401 1,652,085 19,930 65,744 85,674 5% 50,825 347 PUBLIC FACILITIES IMPACT 2,458 1,444,333 352,531 1,010,368 1,362,899 94% 69,759 348 LIBRARY IMPACT 226,135 2,713,615 904,538 - 904,538 33% 74,116 350 UNDERGROUNDING 103 401,505 411 - 411 0% 392
355 SCHOOL PEDESTRIAN & TRAFFIC SAFETY - - - - - n/a 16,949 360 COMM/REC CENTER IMPACT 1,398 1,430,662 230,204 333,784 563,988 39% 92,245 375 QUIMBY FEE 3,750 6,807,980 1,042,818 2,635,480 3,678,298 54% 15,184 TOTAL CAPITAL PROJECTS FUNDS 2,557,354 42,253,945 8,915,243 15,083,050 23,998,293 57% 3,286,435
DEBT SERVICE FUNDS
420 CIVIC CENTER DEBT 284 291,714 1,134 - 1,134 0% 1,080 441 POLICE FACILITY BOND DEBT 375 385,093 1,502 - 1,502 0% 1,430 TOTAL DEBT SERVICE FUNDS 659 676,807 2,636 - 2,636 0% 2,510
City of Morgan Hill
Year to Date Expenses - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
CURRENT
FUND MONTH PERCENT OF
NO. FUND/ACTIVITY ACTUAL AMENDED YTD OUTSTANDING TOTAL TOTAL TO PRIOR
EXPENSES BUDGET EXPENSES ENCUMBRANCE ALLOCATED BUDGET YTD
ENTERPRISE FUNDS
SEWER
640 WASTEWATER OPERATIONS 921,074 16,796,487 3,603,436 42,009 3,645,445 22% 4,342,110 641 WASTEWATER CAPITAL EXPANSION 135,268 7,897,156 2,085,182 1,096,690 3,181,872 40% 473,128 642 WASTEWATER RATE STABILIZATION 164 1,966 655 - 655 33% 624 643 WASTEWATER CAPITAL PROJECTS 121,881 11,224,791 1,625,033 3,908,625 5,533,657 49% 1,182,047 TOTAL SEWER FUND(S) 1,178,386 35,920,399 7,314,306 5,047,324 12,361,630 34% 5,997,908 WATER
Water Operations 1,825,487 19,715,654 5,533,333 636,531 6,169,864 31% 5,411,057 Utility Billing 95,648 1,502,560 362,390 48,232 410,621 27% 283,377 Water Conservation 52,492 416,169 112,939 19,288 132,227 32% 90,324 650 WATER OPERATIONS 1,973,627 21,634,383 6,008,662 704,051 6,712,713 31% 5,784,758 651 WATER CAPITAL EXPANSION 60,679 4,406,112 247,649 3,124,242 3,371,891 77% 243,097 652 WATER RATE STABILIZATION 123 1,473 491 - 491 33% 468 653 WATER-CAPITAL PROJECTS 7,736 19,944,363 532,122 8,677,153 9,209,275 46% 600,418 TOTAL WATER FUND(S) 2,042,165 45,986,331 6,788,924 12,505,446 19,294,370 42% 6,628,740 TOTAL ENTERPRISE FUNDS 3,220,551 81,906,730 14,103,229 17,552,770 31,656,000 39% 12,626,648
INTERNAL SERVICE FUNDS
730 INFORMATION SYSTEMS 139,647 2,961,976 823,472 63,637 887,109 30% 825,101 740 BUILDING MAINTENANCE 91,184 1,506,259 413,703 88,367 502,069 33% 440,035 741 BUILDING REPLACEMENT 199,576 1,351,684 593,386 160,300 753,687 56% 31,730 745 CIP ADMINISTRATION 185,660 2,584,581 697,570 5,276 702,846 27% 535,241 760 UNEMPLOYMENT - 15,000 3,922 - 3,922 26% 11,826
770 WORKERS COMPENSATION 29,651 946,245 675,846 - 675,846 71% 609,012 790 EQUIPMENT REPLACEMENT 189,281 1,302,421 717,328 96,547 813,875 62% 77,219 791 EMPLOYEE BENEFITS FUND 2,369 1,000,000 132,783 - 132,783 13% 90,740 795 GEN. LIABILITY INSURANCE 8,741 2,411,618 2,043,472 - 2,043,472 85% 2,298,709 TOTAL INTERNAL SERVICE FUNDS 846,109 14,079,784 6,101,481 414,128 6,515,608 46% 4,919,613 REPORT TOTAL 12,193,888 $ 221,024,285 $ 50,654,929 $ 41,560,269 $ 92,215,199 $ 42% 40,831,490 $
City of Morgan Hill
Fund Activity Summary - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
Beginning Year to-Date
Fund Fund Balance YTD % of YTD % of Deficit or
No. Fund Description 07-01-24 Actual Budget Actual Budget Carryover Reserved1 Unreserved 010 GENERAL FUND 31,122,294 $ 10,234,371 $ 18% 17,735,297 $ 27% (7,500,926) $ 4,598,308 $ 19,023,060 $ TOTAL GENERAL FUND $ 31,122,294 $ 10,234,371 18% $ 17,735,297 27% $ (7,500,926) $ 4,598,308 $ 19,023,060 202 STREET MAINTENANCE 72,734 $ 229,884 27% 231,701 $ 25% $ (1,817) $ - $ 70,917 205 PUBLIC SAFETY/SUPPL. LAW 415,174 108,936 96% 33,784 27% 75,152 490,326 - 206 DEVELOPMENT SERVICES (1,144,436) 1,993,190 33% 1,698,151 27% 295,040 389,901 (1,239,298) 207 LONG RANGE PLANNING 1,306,215 281,241 16% 264,666 8% 16,575 1,000,000 322,790 215 / 216 CDBG 32,500 1,018 88% 33% 29 989 - 33,489
225 ASSET SEIZURE 104,495 1,553 55% 33% 274 1,279 105,774 - 229 LIGHTING AND LANDSCAPE 216,005 3,485 2% 53,707 25% (50,222) 24,723 141,060 230 COMMUNITY FACILITIES DISTRICT 162,519 2,465 9% 7,906 34% (5,440) 157,079 - 232 ENVIRONMENTAL PROGRAMS 488,875 158,300 32% 119,355 26% 38,945 8,492 519,328 234 MOBILE HOME PK RENT STAB. 81,475 1,196 42% 33% 317 879 - 82,354 235 SENIOR HOUSING 245,426 n/a - n/a - - 245,426 -
236 HOUSING MITIGATION 7,932,027 668,438 24% 404,804 18% 263,633 758,552 7,437,108 240 EMPLOYEE ASSISTANCE 62,481 2,413 186% 3,831 18% (1,418) - 61,063 246 COUNTYWIDE SOLID WASTE 323,153 432,896 n/a 519,597 20% (86,701) 1,463,470 (1,227,018) 247 ENVIRONMENT REMEDIATION - n/a - n/a - - - -
255 HOUSING SUCCESSOR AGENCY 3,818,193 234,870 51% 456,770 35% (221,900) 266,875 3,329,418 TOTAL SPECIAL REVENUE FUNDS $ 14,116,836 $ 4,119,886 28% $ 3,797,044 22% $ 322,842 $ 3,912,013 $ 10,527,665 301 PARK DEV. IMPACT FUND $ 2,008,148 $ 1,762,018 88% 425,893 $ 12% 1,336,125 $ $ 175,918 $ 3,168,356 302 PARK MAINTENANCE 2,489,205 41,435 267% 218,257 34% (176,823) 2,312,382 - 303 LOCAL DRAINAGE 9,621,788 348,467 24% 12,332 0% 336,135 1,296,068 8,661,855 304 LOCAL DRAINAGE/NON-AB1600 1,233,420 92,791 37% 30,329 6% 62,462 1,295,882 - 306 AG. AND OPEN SPACE PRESERVATION 672,578 399,457 2164% 42,719 33% 356,738 1,029,316 - 308 STREET CIP 4,287,249 1,165,999 30% 2,237,249 45% (1,071,250) 2,289,634 926,365 309 TRAFFIC IMPACT FUND 3,808,198 1,741,079 37% 361,473 8% 1,379,606 2,972,773 2,215,031 315 PUBLIC SAFETY FACILITIES IMPACT (1,553,435) 1,567,822 33% 3,036,558 34% (1,468,736) 4,303,281 (7,325,452) 346 PUBLIC FACILITIES NON-AB1600 2,184,388 37,861 20% 19,930 1% 17,931 65,744 2,136,575 347 PUBLIC FACILITIES IMPACT FUND 1,328,671 304,883 68% 352,531 24% (47,647) 1,010,368 270,656 348 LIBRARY IMPACT FUND 2,254,117 1,242,884 88% 904,538 33% 338,346 2,592,463 - 350 UNDERGROUNDING 1,768,551 26,851 36% 411 0% 26,440 1,794,991 - 355 SCHOOL PEDESTRIAN/TRAFFIC SFTY - n/a - n/a - - - -
360 COMM/REC CTR IMPACT FUND 2,297,534 2,040,164 82% 230,204 16% 1,809,960 333,784 3,773,710 375 QUIMBY FEE 3,984,952 1,230,471 46% 1,042,818 15% 187,653 2,635,480 1,537,125 TOTAL CAPITAL PROJECT FUNDS $ 36,385,364 $ 12,002,183 49% $ 8,915,243 21% $ 3,086,940 $ 15,083,050 $ 24,389,254 420 CIVIC CENTER DEBT $ 183,038 $ 100,930 34% $ 1,134 0% 99,796 $ $ 249,367 $ 33,467 441 POLICE FACILITY BOND DEBT 163,896 129,493 33% 1,502 0% 127,992 317,377 (25,489) TOTAL DEBT SERVICE FUNDS $ 346,934 $ 230,423 33% $ 2,636 0% $ 227,787 $ 566,743 $ 7,978 640 WASTEWATER OPERATIONS $ 3,983,038 $ 3,965,969 24% 3,603,436 $ 21% 362,533 $ 42,009 4,303,562 641 WASTEWATER IMPACT FUND* 18,629,828 8,183,939 69% 2,085,182 26% 6,098,757 1,096,690 23,631,894 642 WASTEWATER RATE STABILIZATION 3,121,932 47,219 43% 33% 46,563 655 3,168,495 - 643 WASTEWATER CAPITAL PROJECTS 17,703,049 2,482,849 40% 1,625,033 14% 857,817 3,908,625 14,652,241 650 WATER OPERATIONS 4,083,455 6,509,736 30% 6,008,662 28% 501,074 704,051 3,880,478 651 WATER IMPACT FUND* 3,852,318 2,427,139 62% 247,649 6% 2,179,490 3,124,242 2,907,566 652 WATER RATE STABILIZATION 3,337,806 51,183 44% 33% 50,692 491 3,388,498 - 653 WATER -CAPITAL PROJECT 18,694,610 2,279,542 22% 532,122 3% 1,747,421 8,677,153 11,764,877 TOTAL ENTERPRISE FUNDS $ 73,406,036 $ 25,947,576 37% $ 14,103,229 17% $ 11,844,347 $ 17,552,770 $ 67,697,612 730 INFORMATION SERVICES $ 656,565 $ 963,626 33% 823,472 $ 28% 140,154 $ $ 63,637 $ 733,082 740 BUILDING MAINTENANCE 94,619 475,330 33% 413,703 27% 61,628 88,367 67,880 741 BUILDING REPLACEMENT 5,083,004 369,163 35% 593,386 44% (224,223) 160,300 4,698,481 745 CIP ENGINEERING 8,329 634,017 25% 697,570 27% (63,553) 5,276 (60,500) 760 UNEMPLOYMENT 284,229 4,175 41% 3,922 26% 253 284,482 - 770 WORKERS COMPENSATION 2,381,319 317,963 27% 675,846 71% (357,882) 30,000 1,993,437 790 EQUIPMENT REPLACEMENT 8,727,549 621,963 37% 717,328 55% (95,365) 96,547 8,535,636 791 EMPLOYEE BENEFITS FUNDS 26,248 383,657 32% 132,783 13% 250,874 277,122 - 795 GEN. LIABILITY INSURANCE 984,307 837,414 33% 2,043,472 85% (1,206,058) (221,751) - TOTAL INTERNAL SERVICE FUNDS $ 18,246,169 $ 4,607,308 32% $ 6,101,481 43% $ (1,494,172) $ 444,128 $ 16,307,869 Revenues Expenses Preliminary Ending Fund Balance
City of Morgan Hill
Fund Activity Summary - Fiscal Year 2024-25
For the Month Ended October 31, 2024
33% of Year Complete
Beginning Year to-Date
Fund Fund Balance YTD % of YTD % of Deficit or
No. Fund Description 07-01-24 Actual Budget Actual Budget Carryover Reserved1 Unreserved Revenues Expenses Preliminary Ending Fund Balance
SUMMARY BY FUND TYPE
GENERAL FUND GROUP 31,122,294 $ 10,234,371 $ 18% 17,735,297 $ 27% (7,500,926) $ 4,598,308 $ 19,023,060 $ SPECIAL REVENUE GROUP 14,116,836 4,119,886 28% 3,797,044 22% 322,842 3,912,013 10,527,665 DEBT SERVICE GROUP 346,934 230,423 33% 2,636 0% 227,787 566,743 7,978 CAPITAL PROJECTS GROUP 36,385,364 12,002,183 49% 8,915,243 21% 3,086,940 15,083,050 24,389,254 ENTERPRISE GROUP 73,406,036 25,947,576 37% 14,103,229 17% 11,844,347 17,552,770 67,697,612 INTERNAL SERVICE GROUP 18,246,169 4,607,308 32% 6,101,481 43% (1,494,172) 444,128 16,307,869 TOTAL ALL GROUPS 173,623,633 $ 57,141,747 $ 31% 50,654,929 $ 23% 6,486,818 $ 42,157,012 $ 137,953,438 $ For Enterprise Funds: Unrestricted fund balance = Fund balance net of fixed assets and long-term liabilities. *Unreserved fund balance includes bond proceeds reserved for projects listed in bond documents. 1 Amount restricted for encumbrances, fixed asset replacement, long-term receivables, and bond reserves.
11 CITY COUNCIL STAFF REPORT
MEETING DATE: December 4, 2024
PREPARED BY:
Chris Ghione, Public Services Director
APPROVED BY: City Manager
REVIEW AND APPROVE TRANSPORTATION MASTER PLAN
RECOMMENDATION(S)
1. Review and provide comments on Transportation Master Plan; and
2. Approve Transportation Master Plan.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Advocating for Local, Regional, and State Legislative Initiatives 2024-2025 Strategic Priorities
Fiscal Sustainability
Community Engagement
Economic Development and Tourism
Transportation
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Climate Action Plan
Morgan Hill 2035 General Plan
Vision Zero
REPORT NARRATIVE:
In June 2023, the City contracted with Hexagon Transportation Consultants for the creation of the City’s first comprehensive Transportation Master Plan (Plan). The Plan is intended to provide numerous components, including traffic counts, future traffic modeling, updated speed survey to set speed limits, review of existing transportation infrastructure, specific review and analysis of bike and pedestrian infrastructure, development of transportation priorities for the City, creation of a capital improvement program, and numerous other components. The Draft Plan documents are available for download here:
11 https://www.morganhill.ca.gov/2601/TMP-Documents
In addition to the primary Plan document, there are several appendices. Since the Draft Plan has been available to the Community and City Council since October, changes to the Plan have been included in the Summary Log of Changes included with the Draft Plan documents.
The purpose of this item is to provide the City Council with an opportunity to review the Draft Plan and provide input and direction on the various components of the Plan. City staff recommend focusing on the Draft Plan Document Chapters 5 and 6 as this will be information that has not been previously discussed with the Council. Additionally, the documents in Appendix A provide a complete list of future improvements to roadways and intersections throughout the City. Should the Council wish to consider focusing on new significant areas, they may want to provide feedback on the following:
• Proposed Project Recommendations (Page 94 and Appendix A) - The Draft Plan utilizes the previously reviewed prioritization system to prioritize improvements for roadway segments and intersections. Tier 1 Improvements are included in the Plan document, while Tier 2 Improvements, and Other Improvements are included in Appendix A. The Council may want to identify and provide feedback on improvements missing from the list or improvements that should be categorized as a higher or lower priority.
• Citywide Initiatives (Page 113) - Several citywide initiatives are included within the Plan. The Council should review to provide feedback on the proposed initiatives and/or provide feedback on initiatives that the Council may feel are missing from the list.
• Recommended General Plan Modifications (Page 120) - A next step will be to utilize the Plan in the update to the City's Circulation/Transportation Element of the General Plan. In addition to projects, initiatives and street typology recommendations, some specific recommendations for General Plan Policy changes are recommended.
• Funding and Implementation (Page 121) - The initiatives and projects outlined in the Draft Plan are not attainable given the existing resources for transportation.
The Council may wish to discuss the needs and opportunities for future funding.
The Draft Plan is a culmination of a year-long effort to create a comprehensive planning document for the City's transportation system. The Council has previously provided feedback on the development of the Plan at two prior meetings. The Draft Plan identifies numerous projects and initiatives to support improving the City in the primary areas of Safety, Increased Transportation Options, Access to Regional Transit Services and Local Destinations, and Congestion Management.
The Draft Plan is visionary in nature and the City does not have the resources today to implement many of the projects and initiatives outlined without the addition of new resources for programmatic initiatives and capital projects. Future next steps in this
11 area include:
• Upon approval, beginning an update to the traffic/transportation impact fee to collect fees associated with expansion or new facilities associated with new development.
• Upon approval, beginning to use the project lists to ensure new development is conditioned to complete improvements adjacent to new development (when allowable).
• Utilize the completed Plan to serve as the basis for the Circulation/Transportation Element update of the General Plan.
• Use the Plan to support future grant applications for projects and programs outlined in the Plan.
• Have the plan serve as a guide to the City in the development of future Capital Improvement Program Budget updates.
• Use the Plan to support the City Manager in making recommendations to the City Council on the City's Operating Budget.
COMMUNITY ENGAGEMENT:
Involve
Significant community engagement was conducted and is included in the Draft Plan Chapter 4.
ALTERNATIVE ACTIONS:
The Council may choose not to approve the Draft Plan and provide comments asking staff to return with updates to the Plan at a future date.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The City Council authorized the City Manager to execute an agreement with Hexagon Transportation Consultants on June 7, 2023. The City Council provided initial feedback on the TMP work on November 15, 2023. On May 15, 2024, the City Council reviewed and provided feedback on the Plan's Draft Goals and Priorities and adopted an updated Engineering and Traffic Survey establishing updated speed limits for the City.
The Parks and Recreation Commission discussed and reviewed elements of the plan three times during the planning work, advising on the areas of bicycles and trails. Most recently, the Commission reviewed the Draft Plan on October 30, 2024, and voted 7-0 recommending approval of the Plan by the City Council.
The Planning Commission also met and discussed the planning work three times, most recently on November 12, 2024, where the Commission reviewed the Draft Plan. The Planning Commission voted 6-0 recommending approval of the Plan by the City Council. Additionally, the Planning Commission recommended the following actions:
• Minor changes to specific initiatives and projects. These changes have been made and included in the updated Draft Plan presented to the Council.
11 • Recommend the City Council and City Manager consider funding a Traffic Engineer Position within the City in future budget cycles to support implementation of the numerous initiatives that the City currently does not have resources to implement.
• Recommend that any intersection operations losses to support pedestrian safety on roadways intended to move traffic should be carefully analyzed. This includes continuing to evaluate the recommended General Plan modification to Policy TR3.4 as outlined on page 110 of the Draft Plan.
FISCAL AND RESOURCE IMPACT:
There is no direct fiscal impact associated with adopting the Plan. However, the Plan will provide a framework for future decision-making for the Council, including the setting of Traffic Impact Fees, development of the Capital Improvement Program, and the City Manager's recommendations on future operating budgets.
CEQA (California Environmental Quality Act):
Categorical Exemption 15262:
A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. Significant environmental review will occur with the update to the Circulation Element of the General Plan, for which the Transportation Master Plan will provide the basis for.
From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Transportation Master Plan Comment Date: Monday, November 18, 2024 11:24:15 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
Engage with us – Sign up for Updates from the City of Morgan Hill From: Robert Barker <[email protected]>
Sent: Saturday, November 16, 2024 9:32 AM
To: Transportation Master Plan <[email protected]>
Cc: [email protected]; Marilyn Librers <[email protected]>; CityCouncil <[email protected]>
Subject: [EXTERNAL] Transportation Master Plan Comment
To Whom It May Concern,
As a recent arrival to Morgan Hill (2018), my family and I have thoroughly enjoyed living in this community. We are residents of District D. And we are here to stay.
However, like many of us, I work far from home. I am a high school teacher in Los Altos, and even with my EV, it can take 90 minutes to drive home, often with the last 30 minutes consisting of stop-and-go traffic along the Coyote Creek stretch of 101. Getting off on Bailey and using Santa Teresa sometimes mitigates things, but in recent years, that route is just as overcrowded and slow (albeit prettier).
All to say, we desperately need more trains that can handle commuters traveling up and down the Peninsula. I know MH is only one of many players in this space and the real recalcitrance is on the part of Caltrain and the other regional transportation entities, but I am writing to urge our community to be more vocal and proactive in trying to increase the number of trains available to commuters in the morning and afternoon.
It is not feasible for myself and others to rely on two possible trains to hop on in the morning or get home from the Mountain View Castro Street station in the afternoon. The margin for error is too small. So most of us don't risk a scenario where we miss the last and only way to get home to our families if our day is running longer than usual.
With so many workers moving to the South Bay, including thousands of tech workers whose jobs are on the Peninsula, I am dismayed that California hasn't done more. I'm not talking about a billion dollar bullet train, just much more frequency, which any firstclass region of the country deserves and many have.
Is our city council or chamber of commerce working on this? Is there anything I can do as a community member? I would be happy to join any task force, committee, governmental or otherwise, to push for more trains.
Thank you for listening.
Robert Barker
818.468.5430
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
From: Christina Turner
To: Michelle Bigelow
Subject: Wednesday, November 20, 2024 City Council Meeting Questions Supplement for Item 20 - REVIEW AND APPROVE TRANSPORTATION MASTER PLAN Date: Monday, November 18, 2024
Staff Report: Recommend the City Council and City Manager consider funding a Traffic Engineer Position within the City in future budget cycles to support implementation of the numerous initiatives that the City currently does not have resources to implement.
Question: Can you be more specific as to the need for the traffic engineers position as it relates to the initiatives that the city does not have today. Are some of these initiatives required or critical? Response: This was a recommendation by the Planning Commission, they did not speak to specific initiatives, it was recommended by a commissioner and included in the approval recommendation motion. From the perspective of City Staff, this type of position could support almost all the initiatives outlined but would be most needed for initiatives 8, 10, 11, 15, 17, 18, 19, 21. It would also be very supportive in the planning and design of the capital projects outlined in the Plan.
Staff Report: Recommend that any intersection operations losses to support pedestrian safety on roadways intended to move traffic should be carefully analyzed. This includes continuing to evaluate the recommended General Plan modification to Policy TR-3.4 as outlined on page 110 of the Draft Plan.
Question: What do you mean by intersection operation losses? Response: Intersection operations losses mean traffic will become more congested at intersections. For example, removing right turn lanes will shrink crossings at intersections making them safer for bikes and pedestrians, but cause more traffic congestion by slowing down the flow of vehicles making right hand turns.
From: Christina Turner
To: CityClerk
Cc: Chris Ghione; Edith Ramirez
Subject: FW: [EXTERNAL] Transportation Master Plan Comment Date: Tuesday, November 19, 2024 5:33:37 PM
Please supplement.
From: Chris Ghione <[email protected]>
Sent: Tuesday, November 19, 2024 2:14 PM
To: Robert Barker <[email protected]>
Cc: Christina Turner <[email protected]>; Edith Ramirez <[email protected]>
Subject: RE: [EXTERNAL] Transportation Master Plan Comment Hello Robert,
Thank you for these comments. The City of Morgan Hill staff and elected officials agree with you on the need for more service. The City of Morgan Hill partnering with the City of Gilroy were successful in advocating for a fourth train, which was successfully added last year by Caltrain.
This addition took many years to achieve with the funding for it starting with the 2016 VTA Measure B. We know this is not enough for the service to be reliable, but are continuing to advocate, while at the same time trying to promote use to our residents. Higher ridership of existing trains would also be helpful in justifying the greater need here in South County. I would encourage you and other residents to continue to support elected officials and City staff by advocating to Caltrain and the VTA on this enhanced service.
We would be happy to discuss more if this is helpful.
Chris
Chris Ghione
Public Services Director
Engage With Us!
City of Morgan Hill
Community Services, Engineering and Utilities
17575 Peak Avenue, Morgan Hill, California, USA 95037
P: 408.782.9154 | C: 408.427.6196
[email protected]
morganhill.ca.gov | facebook | twitter
Sign up to receive news updates from the City of Morgan Hill!
From: Robert Barker <[email protected]>
Sent: Saturday, November 16, 2024 9:32 AM
To: Transportation Master Plan <[email protected]>
Cc: [email protected]; Marilyn Librers <[email protected]>; CityCouncil <[email protected]>
Subject: [EXTERNAL] Transportation Master Plan Comment
To Whom It May Concern,
As a recent arrival to Morgan Hill (2018), my family and I have thoroughly enjoyed living in this community. We are residents of District D. And we are here to stay.
However, like many of us, I work far from home. I am a high school teacher in Los Altos, and even with my EV, it can take 90 minutes to drive home, often with the last 30 minutes consisting of stop-and-go traffic along the Coyote Creek stretch of 101. Getting off on Bailey and using Santa Teresa sometimes mitigates things, but in recent years, that route is just as overcrowded and slow (albeit prettier).
All to say, we desperately need more trains that can handle commuters traveling up and down the Peninsula. I know MH is only one of many players in this space and the real recalcitrance is on the part of Caltrain and the other regional transportation entities, but I am writing to urge our community to be more vocal and proactive in trying to increase the number of trains available to commuters in the morning and afternoon.
It is not feasible for myself and others to rely on two possible trains to hop on in the morning or get home from the Mountain View Castro Street station in the afternoon. The margin for error is too small. So most of us don't risk a scenario where we miss the last and only way to get home to our families if our day is running longer than usual.
With so many workers moving to the South Bay, including thousands of tech workers whose jobs are on the Peninsula, I am dismayed that California hasn't done more. I'm not talking about a billion dollar bullet train, just much more frequency, which any firstclass region of the country deserves and many have.
Is our city council or chamber of commerce working on this? Is there anything I can do as a community member? I would be happy to join any task force, committee, governmental or otherwise, to push for more trains.
Thank you for listening.
Robert Barker
818.468.5430
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
November 19, 2024
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Attn: Chris Ghione
By Email: [email protected]
Dear Chris,
VTA appreciates the opportunity to comment on Morgan Hill’s Draft Transportation Master Plan.
VTA has reviewed the document and has the following comments:
Morgan Hill Community-Based Transportation Plan
The Morgan Hill Draft Transportation Master Plan should include a reference to VTA’s Morgan Hill Community-Based Transportation Plan adopted in 2021. This plan provides valuable context and aligns with regional transportation goals, offering a foundation for policies and improvements that support equitable, multimodal, and sustainable transportation solutions within Morgan Hill.
Vehicle Miles Traveled (VMT) Reduction and Transportation Demand Management (TDM) VTA staff appreciates the inclusion of language in the Recommended General Plan Modifications section about trip reduction measures and Transportation Demand Management (TDM) strategies that encourage non-auto travel and alternative modes (Policy TR-3.5). The proposed updates to Action TR-3.D to align the City’s Traffic Impact Analysis guidelines with VMT metrics are strongly supported. VTA staff has been in regular communication with City staff about the City’s transition to the use of VMT in transportation analysis, and VTA can continue to serve as a resource for the City as it adopts its VMT policy and updated analysis guidelines.
VTA supports Citywide Initiative/Policy 21 in Table 19 to “Develop a Multimodal / VMT Impact Fee,” which could fund bicycle and pedestrian improvements and expand MoGo services. Additionally, we commend the reference to VMT Mitigation under CEQA in the Potential Future Funding Sources section. VTA is actively collaborating with Morgan Hill and other jurisdictions on the Equitable VMT Mitigation Program for Santa Clara County. This program could complement the City’s local Multimodal / VMT Impact Fee, support cross-jurisdictional VMT mitigation, and potentially leverage VTA’s administrative capabilities.
Multimodal Performance Measures
VTA staff supports the addition of multimodal variables alongside vehicle operations standards in Policy TR-3.4. This approach will enhance safety and promote non-vehicular travel. The 2014 VTA
City of Morgan Hill
November 19, 2024
CMP Transportation Impact Analysis Guidelines include detailed pedestrian and bicycle quality of service measures (Section 9.3 and Appendix) that may be useful for Morgan Hill in this process.
Bicycle and Pedestrian Recommendations
VTA recommends a few refinements to improve clarity, usability, and alignment with best practices. The Level of Traffic Stress (LTS) and Existing Bikeways map (Page 23) should use distinct colors to better differentiate LTS 4 from multi-use trails. For the driving section (Pages 27–29), VTA recommends that the narrative, tables, and maps be revised for greater clarity and connection.
Specifically, VTA recommends the LOS tables be placed in the same box as the description of General Plan LOS Standards, and that the narrative explain the significance of mapped locations to make key points clearer. On the Pedestrian Priority Zones map (Page 44), color differences between "high" and "very high" priority areas should be made more distinct.
In Table 9: Street Design Elements (Page 48), VTA recommends limiting the maximum operating speed for boulevards to 40 mph instead of 45 mph. In pedestrian-priority areas, VTA recommends that the maximum operating speed for rural roads, community corridors, and boulevards be reduced to 25 mph. For bikeway facility types, the recommendations should align with Caltrans DIB 94. For instance, community corridors with a 40 mph operating speed should have Class IV bikeways rather than the proposed Class II buffered bike lanes. Additionally, crossing spacing of a quarter mile is too far and could encourage jaywalking; Caltrans DIB 94 suggests providing crosswalks or enhanced crossings every 500 feet in suburban and rural main streets.
VTA supports maintaining bike lane width measurements excluding the gutter and recommends restricting maximum drive lane widths to 11 feet, with 10 feet allowed in locations without bus operations (Pages 49–51). For bikeway and trail network improvements, the City should incorporate VTA’s Bicycle Superhighway Implementation Plan into its designs and recommend bikeway designs that support potential bike superhighways in Morgan Hill. Lastly, under funding options (Page 106), VTA suggests adding the opportunity for the City to join VTA’s proposed Equitable Mitigation Program.
Transit Recommendations
VTA has a few recommendations to enhance transit operations and integration. First, ensure that lanes used by buses remain at least 11 feet wide after lane-narrowing projects. VTA recommends the City incorporate VTA’s centralized transit signal priority efforts along the Monterey corridor to optimize intersections for all modes. VTA also recommends that transit delay metrics be included in traffic analysis to better account for the impacts on transit operations.
VTA recommends transit boarding islands and bulb-outs along streets with bike lanes and bus operations to improve cyclist safety, calm traffic speeds, and prioritize transit. Additionally, VTA recommends that the Tracking TMP Investments section include transit-focused metrics such as the number of bus boarding islands installed, intersections with transit signal priority, and signals retimed in coordination with VTA. These additions will ensure that transit improvements are effectively monitored and evaluated.
City of Morgan Hill
November 19, 2024
Thank you again for the opportunity to review this project. If you have any questions, please do not hesitate to contact me at 408-321-5804 or [email protected].
Sincerely,
Larissa Sanderfer
Transportation Planner II
Morgan Hill Transportation
Master Plan
City Council Meeting #3
May 15th, 2024
TMP Objectives &
Completion Process
Community Engagement
Connect & Collaborate with
Community:
• Transportation Concerns
• Vision & Goals
• Feedback on TMP
Projects & Programs
• Prioritize Future Funding
Opportunities
Improvement Prioritization Process
Proposed Roadway Segment Improvements
Proposed Intersection Improvements
Citywide Initiatives and Programs
33 Total Programs & Initiatives
• Education & Marketing
• Safety Programs
• Multimodal Programs
• Maintenance
• Funding
Community Prioritization
• Sidewalk Maintenance
• Traffic Calming Standards
• Adaptive Traffic Control System
• Safe Routes to School Audits
• Sidewalk Gap Closure Program
Next Steps Finalize TMP Report
Finalize Priority
Improvements
Identify TIF & CIP
Improvements
Future Update of
Transportation Element
Feedback
• Prioritized Improvements
• Citywide Initiatives & Programs
• Recommended General Plan
Modifications
• Funding & Implementation