Regular Meeting Agenda
City Council
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Gino Borgioli - Council Member
Rene Spring - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, December 4, 2024 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or participate by teleconference/video conference. Information on how the public may observe and participate in the meeting is below.
MEETING PARTICIPATION
Morgan Hill City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City’s website, Facebook page, and Channel 17.
As a courtesy, and technology permitting, members of the public may attend online.
However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Ralph M. Brown Act, the meeting will continue despite technical difficulties for participants using the online option.
Those wishing to participate in the meetings remotely must register in advance at https://bit.ly/CityCouncilZoomRegistration. Additionally, Zoom participants must be running the latest version or will be required to update to the latest version before being able to join the meeting remotely.
Remote participation is also available by calling (669) 900-9128 and entering webinar id: 873 3200 8380#. Dial *9 to raise your hand, and be called upon to speak for up to 3 minutes. Dial *6 to unmute.
PUBLIC COMMENT
December 4, 2024
2 Public comment may be offered verbally at the meeting or in writing before the meeting.
Public comment is limited to three minutes, but the Mayor may adjust time limits for individual or total comments while ensuring all viewpoints are heard, encouraging speakers to avoid repetition, and allowing a designated spokesperson for organized support or opposition to present longer if needed.
Those attending remotely may only offer public comment for items on the agenda in one of four categories:
• Consent Calendar
• Other Business
• Public Hearings
• Closed Session
Public comment will be heard from those attending in person first with the submission of a speaker card. Once that is complete, we will move to those on Zoom that have their hand raised. Following public comment from Zoom, we will close the public comment period for that item.
Remote public comment for items not on the agenda will not be accepted.
Written public comment may be submitted to the City Clerk:
• In person at the City Council Meeting;
• Via email to [email protected]; or
• Hand delivered or mailed to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037
Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) so that your comments can be submitted to the members of the City Council with sufficient time to review them. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting.
Public comments submitted to the City Clerk after noon (12:00 p.m.) the day of the meeting will be provided to the City Council as time allows.
Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City's website. It is recommended that you do not include any personal information that you do not want to be posted on the web. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and December 4, 2024
3 you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259 or by email at [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.
CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
RECOGNITIONS
Recognizing our Police and Fire Teammates for their Successful Lifesaving Efforts
PRESENTATIONS
YAC Presentation
CITY COUNCIL REPORTS
Council Member Spring
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
December 4, 2024
4 This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)
ADOPTION OF AGENDA
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
1. ACCEPT THE ANNUAL SENATE BILL (SB) 165 REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2014-1 (FISHER CREEK)
Recommendation:
Accept and file report.
2. ACCEPT THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024
Recommendation:
Accept the City’s Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024.
3. ADOPT RESOLUTION APPROVING AND MAKING FINDINGS RELATED TO THE ASSEMBLY BILL (AB) 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR 2023-24
Recommendation:
1. Adopt resolution making findings for unexpended development impact fees; and
2. Accept the annual development impact fee report.
4. ADOPT ORDINANCE NO. 2358, NEW SERIES, APPROVING A ZONING
AMENDMENT FOR A PLANNED DEVELOPMENT AND ASSOCIATED
MASTER PLAN (ZA2021-0001) FOR A 69.4-ACRE SITE LOCATED AT THE December 4, 2024
5 NORTHEAST QUADRANT OF HILL ROAD AND BARRETT AVENUE (APN:
817-20-031)
Recommendation:
Waive the reading, adopt Ordinance No. 2358, 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.
5. 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:
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.
6. APPROVE ACQUISITION OF SEWER EASEMENT (NGUYEN) APN 841-03- 062 FOR THE SEWER RELIEF TRUNK LINE PROJECT
Recommendation:
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.
7. 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:
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.
8. APPROVE THE NOVEMBER 20, 2024 CITY COUNCIL MEETING MINUTES December 4, 2024
6 Recommendation:
Approve minutes.
9. 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:
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.
10. RECEIVE MONTHLY BUDGET UPDATE AND OCTOBER 2024 FINANCIAL
AND INVESTMENT REPORTS
Recommendation:
Accept and file report.
OTHER BUSINESS
11. REVIEW AND APPROVE TRANSPORTATION MASTER PLAN
Recommendation:
1. Review and provide comments on Transportation Master Plan; and
2. Approve Transportation Master Plan.
FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.
ADJOURNMENT
December 4, 2024
7 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item described in the notice of this meeting during consideration of that item. If you wish to address the Council on any item on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk before the City Council discussion on the item. You are not required to give your name on the speaker card to speak to the Council, but it is very helpful. When you are called, proceed to the podium, and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may request an item on the agenda for a future City Council meeting. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.
Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
December 4, 2024
8