Agenda packet — Morgan Hill City Council, May 21, 2025 (part 1 of 6)

Special/Regular Meeting Agenda
City Council
Mark Turner - Mayor
Yvonne Martínez Beltrán - Mayor Pro Tem
Miriam Vega - Council Member
Marilyn Librers - Council Member
Soraida Iwanaga - Council Member
Wednesday, May 21, 2025 5:00 PM
Special meeting to be held at 5:00 p.m. at the address below:

City Hall, Grand Conference Room
17575 Peak Avenue, Morgan Hill, CA 95037
Regular meeting to resume at 6:00 p.m. at the address below:

Council Chamber Building, West Conference Room
17555 Peak Avenue, Morgan Hill, CA 95037
AMENDED AGENDA - This agenda has been amended to include an additional item to the Consent Calender - Item 19 - APPROVE PACIFIC GAS AND ELECTRIC

COMPANY AGREEMENT TO PROVIDE ELECTRIC SERVICE TO THE
BUTTERFIELD PARK PHASE 1 PROJECT
Council Member Librers will be participating remotely as follows:
6651 Velletri Street
North Las Vegas, NV 89084
Public comment shall be allowed from this location.

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

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May 21, 2025
2 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 Facebook page.

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
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

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May 21, 2025
3 95037
Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) so that your comments can be submitted to the members of the City Council with sufficient time to review them. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting.

Public comments submitted to the City Clerk after noon (12:00 p.m.) the day of the meeting will be provided to the City Council as time allows.

Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City's website. It is recommended that you do not include any personal information that you do not want to be posted on the web. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259 or by email at [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.

SPECIAL MEETING
5:00 p.m. Closed Session

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION
Conference with Labor Negotiators
Authority: Pursuant Government Code Section 54957.6

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May 21, 2025
4 City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Dat Nguyen, Finance Director; Chris Ghione, Assistant City Manager, Public Services
Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #21-050

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION

REGULAR MEETING
6:00 p.m.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

RECOGNITIONS
Eagle Scout - Sean Wilmot
Ellie Weston

PROCLAMATIONS
Affordable Housing Month
American Red Cross Month
Foster Care/Resource Parent Month
Public Works Week

PRESENTATIONS
YAC Presentation and Recognitions

CITY COUNCIL REPORTS
Mayor Turner

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May 21, 2025
5 CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

OTHER BUSINESS

1. PROVIDE RECOMMENDATIONS TO THE MAYOR FOR THE
REAPPOINTMENT OF TWO (2) COMMISSIONERS ON THE PLANNING

COMMISSION AND INTERVIEW CANDIDATES TO FILL THE REMAINING ONE (1) SEAT ON THE PLANNING COMMISSION
Recommendation:

1. Recommend Reappointment of Commissioners James Wilson and Mohammad Habib with terms ending June 1, 2029;

2. Mayor shares the characteristics/traits that a successful applicant(s) would possess;

3. Conduct Interviews;

4. Council Members identify top applicant(s) and provide recommendations to the Mayor.

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),

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May 21, 2025
6 any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

2. AUTHORIZE THE CITY MANAGER TO EXECUTE A PURCHASE

AGREEMENT FOR COMPUTER EQUIPMENT WITH SAVANT SOLUTIONS
Recommendation:

Authorize the City Manager to execute a purchase agreement for computer equipment with Savant Solutions with an amount not to exceed $150,000.

3. ADOPT RESOLUTION ACCEPTING METROPOLITAN TRANSPORTATION COMMISSION’S (MTC'S) TRANSIT ORIENTED COMMUNITIES (TOC)

PLANNING AND IMPLEMENTATION PROJECTS GRANTS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT RELATED

AGREEMENTS AND DOCUMENTS
Recommendation:

Adopt resolution:

1. Accepting a grant award from MTC for $650,000 for Morgan Hill Zoning Densities and Floor Area Ratio TOC Policy Compliance; $200,000 for Morgan Hill Housing TOC Policy Development; $125,000 for Morgan Hill Parking Management TOC Policy Compliance; and $175,000 for Morgan Hill Station Access and Circulation TOC Policy Compliance in response to the MTC’s Call for TOC Planning and Implementation Projects; and

2. Authorizing the City Manager to negotiate and execute the City of Morgan Hill MTC TOC Planning and Implementation Grants application, the MTC TOC Planning and Implementation Grants documents, and any amendments thereto on behalf of the City as required by MTC for receipt of the MTC TOC Planning and Implementation Grants.

4. ADOPT A RESOLUTION APPROVING FY 2025-26 LIST OF STREET REHABILITATION PROJECTS FUNDED BY SENATE BILL (SB) 1: THE

ROAD REPAIR AND ACCOUNTABILITY ACT
Recommendation:

Adopt a resolution approving a list of street rehabilitation projects for Fiscal Year 2025-26 funded by SB1, the Road Repair and Accountability Act of 2017.

5. ADOPT A RESOLUTION TO REQUEST THE METROPOLITAN

TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL
YEAR 2025-2026 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT FUNDING
Recommendation:

1. Authorize staff to prepare and submit a Transportation Development Act Article 3 Pedestrian Improvement Project grant application to the Santa

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May 21, 2025
7 Clara Valley Transportation Authority for implementation of the Monterey Road High-Intensity Activated Crosswalk Beacon Project; and

2. Adopt a resolution to request the Metropolitan Transportation Commission for the allocation of fiscal year 2025-2026 Transportation Development Act Article 3 Pedestrian/Bicycle project funding.

6. ADOPT A RESOLUTION DECLARING THE SUMMARY VACATION OF A PORTION OF A PUBLIC SERVICE AND LANDSCAPE EASEMENT AT 250 JARVIS DRIVE (APN 726-25-095)
Recommendation:

1. Adopt a Resolution declaring the Summary Vacation of a portion of a Public Service and Landscape Easement at 250 Jarvis Drive (APN 726- 25-095); and

2. Direct the City Clerk to file a certified copy of the Resolution in the Office of the Recorder of Santa Clara County.

7. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND

ADMINISTER A CONSULTANT AGREEMENT FOR DESIGN

PROFESSIONALS WITH KIMLEY-HORN & ASSOCIATES TO PROVIDE

CONCEPTUAL DESIGN OF ROUNDABOUT INTERSECTION

IMPROVEMENTS AT WATSONVILLE ROAD AND SUNNYSIDE

AVENUE/SANTA TERESA BOULEVARD
Recommendation:

Approve and authorize the City Manager to execute and administer a Consultant Agreement for Design Professionals with Kimley-Horn & Associates for the conceptual design of Roundabout Intersection Improvements at the intersection of Watsonville Road and Sunnyside Avenue/Santa Teresa Boulevard in the amount of $175,096.

8. APPROVE FINAL MAP FOR CROSSWINDS PHASE 2 - TRACT NO. 10652 Recommendation:

1. Approve the Final Map; and

2. Authorize the recordation of the Final Map.

9. APPROVE FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE

HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Recommendation:

Authorize the City Manager to execute the first amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program.

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May 21, 2025
8 10. APPROVE GEOGRAPHIC INFORMATION SYSTEM (GIS) ENTERPRISE

SOFTWARE AGREEMENT WITH ESRI
Recommendation:

Authorize the City Manager to execute a three-year small government enterprise agreement with Esri for GIS software licensing for a total amount of $126,600.

11. APPROVE OBJECTIVE DEVELOPMENT STANDARD WAIVER REQUEST

FOR THE DIANA - VALLEY OAK RESIDENTIAL PROJECT
Recommendation:

Adopt a resolution approving the request for one waiver to the City's objective Residential Development Design and Development Standards for residential development.

12. APPROVE SANTA CLARA VALLEY HABITAT AGENCY (SCVHA) HABITAT

PLAN AMENDMENT AND AUTHORIZE GOVERNING BOARD TO APPROVE

FINAL AMENDMENT
Recommendation:

1. Receive information on proposed amendments to the Santa Clara Valley Habitat Plan;

2. Authorize the Santa Clara Valley Habitat Agency to proceed with the Habitat Plan amendment; and

3. Authorize the Santa Clara Valley Habitat Agency Governing Board to approve the final Habitat Plan amendment.

13. APPROVE THE APRIL 2, 2025 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

14. AWARD 2025 SIDEWALK REPAIRS PROJECT TO ESTATE DESIGN AND CONSTRUCTION, INC.

Recommendation:

1. Award contract to Estate Design and Construction, Inc. in the amount of $160,000; and authorize the expenditure of construction contingency funds not to exceed $16,000 for a total authorization of $176,000; and

2. Authorize the City Manager to execute and administer the construction contract with Estate Design and Construction, Inc.

15. AWARD 2025 PAVEMENT REHABILITATION PROJECT TO JV LUCAS PAVING
Recommendation:

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May 21, 2025
9 1. Approve 2025 Pavement Rehabilitation plans and specifications;

2. Award contract to JV Lucas Paving for the 2025 Pavement Rehabilitation Project in the amount of $2,010,148;

3. Authorize the expenditure of construction contingency not to exceed $301,522; and

4. Authorize the City Manager to execute and administer the construction contract with JV Lucas Paving.

16. AWARD EAST DUNNE SEWER UPSIZE PROJECT TO WESTROCK

ENGINEERING
Recommendation:

1. Approve the East Dunne Sewer Upsize Project Plans and Specifications;

2. Award contract to WestRock Engineering for the East Dunne Sewer Upsize Project in the amount of $1,177,409;

3. Authorize expenditure of construction contingency funds not to exceed $117,741;

4. Authorize the City Manager to execute and administer the construction contract with WestRock Engineering.

17. INITIATE ANNUAL ASSESSMENT PROCESS FOR LANDSCAPE
ASSESSMENT DISTRICT NUMBER 1
Recommendation:

Approval of the resolutions to:

1. Initiate the proceedings for the levy of assessments for Fiscal Year 2025- 26;

2. Approve the Engineer’s Annual Report and the proposed assessment levy; and

3. Declare the City Council’s intention to levy the assessments in the District and to set the Public Hearing date for June 18, 2025.

18. RATIFY CITY POSITION ON PENDING LEGISLATION
Recommendation:

Ratify the City’s position supporting pending legislation, Senate Bill 496 (Hurtado) Advanced Clean Fleets.

19. APPROVE PACIFIC GAS AND ELECTRIC COMPANY AGREEMENT TO PROVIDE ELECTRIC SERVICE TO THE BUTTERFIELD PARK PHASE 1

PROJECT
Recommendation:

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May 21, 2025
10 1. Approve the Pacific Gas and Electric Agreement to provide electric service to the Butterfield Park Phase 1 Project.; and

2. Authorize the City Manager to administer and execute the Pacific Gas and Electric Company Agreement in the amount of $236,456.

PUBLIC HEARINGS

20. APPROVE SOLID WASTE MANAGEMENT RATE ADJUSTMENT FOR 2025 Recommendation:

Adopt resolution approving an adjustment to the maximum allowable solid waste charges effective July 1, 2025.

21. INTRODUCE ORDINANCE TO UPDATE AND DESIGNATE FIRE HAZARD

SEVERITY ZONES
Recommendation:

1. Open/close public hearing;

2. Waive first and second reading of the Ordinance; and

3. Introduce Ordinance adopting updated fire hazard severity zones.

OTHER BUSINESS

22. INTRODUCE AN ORDINANCE OF THE CITY OF MORGAN HILL AMENDING SECTIONS 3.04.240 (CONSULTANT CONTRACTS) AND 3.04.250
(REQUEST FOR PROPOSALS) OF CHAPTER 3.04 (PURCHASING) OF TITLE 3 (REVENUE AND FINANCE) OF THE MUNICIPAL CODE OF THE

CITY OF MORGAN HILL REGARDING PROCUREMENT OF

ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, ENGINEERING,

ENVIRONMENTAL, LAND SURVEYING, AND CONSTRUCTION PROJECT

MANAGEMENT SERVICES PURSUANT TO ARTICLE XXII OF THE
CALIFORNIA CONSTITUTION AND GOVERNMENT CODE § 4529.10 ET SEQ.

Recommendation:

1. Waive first and second reading of the Ordinance; and

2. Introduce Ordinance amending Chapter 3.04 (Purchasing).

23. INTRODUCE ORDINANCE AMENDING CHAPTER 5.32 (MASSAGE

ESTABLISHMENTS AND MASSAGE PROFESSIONALS PERMIT
REQUIREMENTS) OF TITLE 5 (BUSINESS LICENSES GENERALLY)

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May 21, 2025
11 MODIFYING THE PERMITTING PROCEDURE FOR MASSAGE THERAPY

ESTABLISHMENTS AND SERVICES
Recommendation:

1. Waive first and second reading of the Ordinance; and

2. Introduce Ordinance amending Chapter 5.32 (Massage Establishments and Massage Professionals Permit Requirements).

24. RECEIVE MONTHLY BUDGET UPDATE; MARCH 2025 FINANCIAL AND INVESTMENT REPORTS; AND CITY MANAGER AUTHORITY REPORT
Recommendation:

Receive and file reports.

25. APPROVE REQUEST TO RENAME NOB HILL TRAIL PARK AFTER

COMMUNITY MEMBER MARTY CHEEK OR PROVIDE ALTERNATIVE

DIRECTION
Recommendation:

Approve or do not approve the renaming of the Nob Hill Trail Park in recognition of Marty Cheek.

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

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May 21, 2025
12 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].

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May 21, 2025
13

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1 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager

PROVIDE RECOMMENDATIONS TO THE MAYOR FOR THE
REAPPOINTMENT OF TWO (2) COMMISSIONERS ON THE PLANNING

COMMISSION AND INTERVIEW CANDIDATES TO FILL THE
REMAINING ONE (1) SEAT ON THE PLANNING COMMISSION

RECOMMENDATION(S)

1. Recommend Reappointment of Commissioners James Wilson and Mohammad Habib with terms ending June 1, 2029;

2. Mayor shares the characteristics/traits that a successful applicant(s) would possess;

3. Conduct Interviews;

4. Council Members identify top applicant(s) and provide recommendations to the Mayor.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
2024-2025 Strategic Priorities
Economic Development and Tourism
REPORT NARRATIVE:

The Planning Commission has three (3) seats with terms ending June 1, 2029. Current Planning Commissioners James Wilson and Mohammad Habib have expressed interest in reappointment.

Staff recommends the reappointment of Commissioners Wilson and Habib and proceeding with interviews to fill the remaining one (1) seat with a term ending June 1, 2029. The recruitment resulted in a total of 8 new applicants; Derrick Chappell, Mark Chilcott, Pierre Dacunha, Danielle Davenport, Cameron Helvey, David Lovato, Elizabeth Pulido-Carrillo, and Mike Rizzo.

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1 All applicants have been invited to interview before the City Council on May 21, 2025.

Their applications are attached for Council consideration.

COMMUNITY ENGAGEMENT:

Involve
Recruitment efforts were undertaken to encourage citizens to apply for City Council appointment consideration to the Planning Commission via the Morgan Hill Times, City Website, Government Access Channel, Facebook, NextDoor, outreach to community groups, and the weekly 411 emails.

ALTERNATIVE ACTIONS:

The City Council may choose not to make appointments to fill all the vacant seats. If it desires, it could reopen the application process to solicit more applicants to fill the seats not appointed at the May 21, 2025, meeting.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Planning Commissioners serve four-year terms with possible reappointment consideration. Every year, recruitment efforts are conducted to maintain the seven (7) member Commission.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with the actions to interview and appoint, as the recruitment and appointment process is accommodated in the Administrative Services operating budget.

CEQA (California Environmental Quality Act):

Not a Project.

The interview and appointment of commissioners is not a project, as defined in Section 15378 of the State CEQA guidelines.

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Chapter 2.22 MASTER PROVISIONS FOR BOARDS AND COMMISSIONS* Sections:

2.22.010 Establishment of boards and commissions.

2.22.030 Clerk and secretary.

2.22.040 Rules of procedure.

2.22.050 Rules of attendance.

2.22.060 Meetings.

2.22.070 Compensation.

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

2.22.010 Establishment of boards and commissions.

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

1. Planning commission;

2. Parks and recreation commission;

3. Library, culture and arts commission; and

4. Disaster council.

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

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

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

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

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

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

2.22.030 Clerk and secretary.

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

2.22.040 Rules of procedure.

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

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

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

2.22.050 Rules of attendance.

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

2.22.060 Meetings.

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

2.22.070 Compensation.

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

2.22.080 Effect.

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

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7/26/22, 12:26 PM Morgan Hill, CA Code of Ordinances
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A.

1. 2.

3. A.

Chapter 2.36 - PLANNING COMMISSION*
Sections:

2.36.010 - Created—Statutory authority.

The planning commission is established pursuant to the authority contained in Chapter 3 of Title VII of the California Government Code, entitled "Local Planning, " as existing or hereafter amended. Reference shall be made to said Chapter 3 for interpretation of this chapter. (Ord. 811 N.S. § 1 (II-3-1), 1987)

2.36.020 - Membership—Terms of office—Vacancies.

The city planning commission shall consist of seven members. Members of the planning commission shall serve the following terms:

In the year 1998, three members shall be appointed to serve terms ending June 1, 2001; The four members who were appointed in 1996 shall serve terms ending June 1, 1999; Thereafter, all terms shall be for four years and shall expire on June 1st. (Ord. 1778 N.S. § 5, 2006: Ord. 1407 N.S. § 2, 1998; Ord. 1083 N.S. § 1, 1992; Ord. 811 N.S. § 1 (II-3-2), 1987)

2.36.030 - Meetings.

The commission shall hold regular meetings at least twice a month or as otherwise deemed necessary by the commission. All meetings of the commission shall be held in the city council chambers at City Hall or other location designated by minute order of the city council or at a location deemed necessary or appropriate by the planning commission.
(Ord. 1197 N.S. § 1 (part), 1994: Ord. 811 N.S. § 1 (II-3-3), 1987)

2.36.040 - Powers and duties.

The planning commission shall have the powers and shall perform all the duties conferred and imposed upon city planning commissions by the applicable provisions of Chapter 3 of Title VII of the Government Code of the state and, in addition, the planning commission shall:

Perform all the functions assigned to the commission by the subdivision and zoning ordinances (Titles 17 (Subdivisions) and 18 (Zoning) of this code) of the city, and all general laws of the state of California;
Serve as an advisory body to the city council on matters related to city growth and

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7/26/22, 12:26 PM Morgan Hill, CA Code of Ordinances
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C.

F.
development and on such other matters as may be requested by the council; Promote public interest in and understanding of the subdivision and zoning ordinances of the city, and also of all master plans and other official plans and regulations pertaining to planning which have been approved officially by the city council; Review and advise the city council on all proposed amendments to Title 17, Subdivisions, and Title 18, Zoning;
Approve or disapprove application for designation of cultural resources and historic districts pursuant to Chapter 18.60 (Historic Resources) of this code, or as amended; Approve or disapprove permits sought to remove or demolish a cultural resource, cultural resource site or historic district pursuant to Chapter 18.60 (Historic Resources) of this code, or as amended.
(Ord. 1111 N.S. §§ 2, 3, 1992; Ord. 899 N.S. § 18, 1989; Ord. 811 N.S. § 1 (II-3-4), 1987) (Ord. No. 2327 N.S., § 2, 12-15-2021)

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Please upload a resume*
Derrick Chappell - Resume - April 2025.pdf
Have you ever served on any other citizen advisory commission or committee? If yes, please list and briefly explain the purpose of each one.* No.

What skills and/or experience do you possess that would be important to your role as a commissioner?* I have a ton of experience interacting with different Cities, Agencies and Municipalities so I have become very adaptable at figuring how to get things done and who to talk to. Working in Construction, I have intimate knowledge of how the planning process goes all the way through construction and finally building turnover. I have seen first hand how projects can shape the community around it as well as the importance of making sure everyone's opinion is respected throughout the process. My deep understanding of the overall building process gives me a unique perspective which allows me to explain complex concepts in laymans terms. Construction in general is a very collaborative process and this fact makes me highly suited to such a public position where interfacing with different groups and agencies across multiple backgrounds.

What do you understand the role of the commission to be and why would you like to serve on this commission?* I understand the role of the commission is to provide thoughtful input to current and upcoming developments happening in and around the area as well as having an influence on zoning decisions and land use development. I would like to serve on the commission because I am not apart of the community and would like to lend my voice and expertise to help shape the future of Morgan Hill for future generations that will live here long after I am gone. I believe serving in a public position can be both fruitful and meaningful as I take pride in the decisions we'd make as a uniformed body.

What would you like to accomplish as a commissioner?*
As a commissioner, I would like to help shape local policies that center around improving public transportation and walkability for the community. I believe improving walkability improves overall public health and encourages community engagement as people interact with those who live and work around them. I would also like to protect sensitive land and scarce farming communities while sustainably growing the community through more infill developments and improved zoning regulations. 4/15/25, 12:50 PM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58622 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58622 3/5

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What are the greatest opportunities facing the community in regards to this commission?* The greatest opportunities facing the community would be an incoming young and vibrant population as residents push further south and north away from the major metropolitan areas due to increased cost of living, much like myself. Due to this rapid increase in traffic, it is crucial that this growth is managed sustainably while ensuring the City does not lose its identity in the process and turn into another large metropolis that further contributes to urban sprawl. This increased traffic provides opportunities to secure young couples looking to settle down and raise families in the area, leading to a healthy economy and ensuring critical support jobs such as teachers, store clerks, and entry level positions are able to remain filled for the foreseeable future.

If you are an incumbent seeking reappointment:

Yes
No
Are you next in line to serve as Chair or Vice-Chair?
Yes
No
Are you currently serving on a committee
Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Derrick Chappell
Date*
4/15/2025 12:15 PM
4/15/25, 12:50 PM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58622 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58622 4/5

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4/15/25, 12:50 PM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58622 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58622 5/5

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Derrick Chappell
Morgan Hill, CA 95037

4.15.25 City Clerk’s Office
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Dear Planning Committee,
I am writing to formally express my interest in serving on the Morgan Hill Planning Commission.

Although I am recently a new homeowner in the great City of Morgan Hill, I deeply value our city’s unique character, natural beauty, and thoughtful approach to growth. I would be honored to help contribute to shaping the future of Morgan Hill through this important civic role.

My background stems from Construction Project Management, where I graduated from Colorado State with a bachelor’s, and have worked as a Project Engineer and Assistant Project Manager in San Jose for both commercial and residential general contractors. This has provided me with a solid understanding of the importance of responsible land use, infrastructure planning/economic development, and community engagement. I strongly believe in fostering a city that grows in a way that is sustainable, inclusive, and reflective of the community's long-term vision for both current and future generations that will call this City home.

Morgan Hill stands at a unique crossroads — continuing to evolve with a younger demographic while preserving the historical and quaint qualities that make it such a special place to live. I want to play an active role in ensuring that future development maintains our small-town charm, protects environmental resources, and supports a vibrant, diverse population.

I am confident that my commitment to public service, collaborative mindset, and dedication to Morgan Hill’s well-being make me a strong candidate for this role. I would appreciate the opportunity to serve and contribute to the thoughtful planning that benefits current and future residents alike.

Thank you for your consideration.

Sincerely,
Derrick Chappell

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DERRICK CHAPPELL
Morgan Hill, CA | |

OBJECTIVE
Results-driven Assistant Project Manager with several years of experience in managing complex construction projects. Assists project team in providing a track record of delivering projects on time and within budget while maintaining high safety and quality standards. Adept at coordinating cross-functional teams, optimizing resources, and ensuring client satisfaction while demonstrating a passion for sustainable construction.

EDUCATION
Colorado State University – B.S in Construction Management, Magna Cum Laude – Relevant Courses: Construction Estimating, Sustainable Construction, Schedule Management.

EXPERIENCE
Blach Construction, Project Engineer (April 2021 – February 2022) Fremont High School Original Building - Cupertino, CA $34M - Reviewed RFIs and submittals, processed change orders, created and maintained logs for submittals, closeout, and PCOs.

Homestead High School Bldg. A - Cupertino, CA $20M
- Drafted SCOs and RFIs, reviewed submittals, maintained as-builts.

Monta Vista High School Bldg. D Mod - Cupertino, CA $7M - Completed daily reports, reviewed RFIs and submittals, processed change orders, prepared and maintained logs for submittals, closeout, and PCOs.

Stocklmeir Elementary School Pod C - Cupertino, CA $2.5M - Pre-Construction/Project Buyout – aided in assembling GMP, conducted post-bid interviews, issued pre-bid RFIs and submittals, drafted scope statements and subcontracts.

Core Builders, Project Engineer/Assistant Project Manager (February 2022 – March 2025) Agrihood - Santa Clara, CA $130M
-Processed RFIs and Submittals, cost follow ups, coordinated field mockups, processed deferred submittals.

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2 2330 Monroe Commons - Santa Clara, CA $40M
- Created and issued RFIs, processed submittals & deferred submittals, lead coordination meetings between subs and MEP consultants. - Maintained and managed project schedule with weekly updates, lead project closeout, assisted super’s with onsite inspections, coordinated and lead field mockups.
- Managed project procurement from buyout to delivery, reviewed and assigned scopes post buyout, guided AOR and Consultants through GC created alternative designs when designs were flawed, performed field measurements and assisted super’s with staging logistics.
702 Bennett Valley- South Park Commons – Santa Rose, CA $50M - Created and issued RFIs, processed submittals & deferred submittals, lead coordination meetings between subs and MEP consultants. - Maintained and managed project schedule with weekly updates, lead project closeout, assisted supers with onsite inspections, coordinated and lead field mockups.
- Conducted project buyout, City Coordination Meetings, and Inspection walkthroughs.
1285 Tripp Ave – Grace Village Community Center – San Jose, CA $10M - Served as Assistant Superintendent and Assistant Project Manager leading field coordination meetings, Owner, Architect and City Walkthroughs/coordination. - Coordinated with the Planning Department to review/assess plan check comments and ensure conformance to Conditions of Approval. - Provided open and timely communication with neighbors and residents throughout the construction process to ensure safety standards were met and provide updates throughout the construction process.
- Created and issued RFIs, processed submittals & deferred submittals, lead coordination meetings between subs and MEP consultants. - Created and maintained project schedule with weekly updates to the Owner and relevant stakeholders.

Incorage General Contractors, Assistant Project Manager (March 2025 – Current) Saggio Hills – Apartments & Community Center – Healdsburg, CA $30M - Created and issued RFIs, processed submittals & deferred submittals, lead coordination meetings between subs and MEP consultants. - Created and maintained project schedule with weekly updates to the Owner and relevant stakeholders.
- Coordination with City of Healdsburg to ensure compliance with COA and SWPPP standards.
- Processed and issued Change orders while updating and maintaining project budget in tandem with Project Manager

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3 SKILLS
– ProCore, PlanGrid, Bluebeam, CMiC, Microsoft Project, Asana, Building Connected, Clickup

ACHIEVEMENTS
– LEED GA Accreditation (LEED AP in-progress), AGC Emerging Leader, OSHA 30, CPR certification

REFERENCES
Tunde O’nadele (Project Exec) Core Builders Contact:

Louis Macedo (Vice President) Core Builders Contact:

Chrissie Davis (President) Incorage GC Contact:

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Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Please review the City Council Ethics Policy
City Council Ethics Policy
Please type name to sign. By my signature, I agree to comply with all government regulations, should I be appointed to serve on a City of Morgan Hill Commission or Committee and confirm that I have read the attached Ethics Policy and that I do subscribe to this Policy; that I will apply it to the specific responsibilities s which I may be assigned; and that I will practice the core values set forth in this Policy in my public service for the City of Morgan Hill. Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Mark Chilcott
Date*
5/8/2025 03:00 PM
5/8/25, 7:39 PM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/59128 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/59128 3/3

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Mark Chilcott
DIRECTOR, R&D - Retired
Contact
Morgan Hill, CA
To whom it may concern,
My wife and I moved to Morgan Hill from Fairfield in the summer of 2020. I wanted to get away from the big company life and find a opportunity in a smaller company. Wanting to put down roots, we put in an offer on a home within a week of my arrival.

We have really enjoyed this community, so when we retired, it was an easy decision to stay put.

I would describe myself as a pro growth guy, but measured growth.

When planning it is critical to see the long-term impact of decisions, not just the short and medium time frames.

John Maxwell is a leadership coach that I follow and one of his major concepts is one that I boiled down to just 2 simple words.

MORE, BEFORE
Using more words, for any situation, see MORE of the bigger picture. What the motivation might be, the possible implications, the perceptions by others, the meaning? And do it quickly, done with the information you have in the moment, BEFORE others see.

Then use this insight to guide and to lead others.

Sincerely,
Mark Chilcott

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MARK CHILCOTT
Morgan Hill, CA

DIRECTOR, R&D - Retired
Accomplished and respected Senior Manager of Research and Development, taking life science and IVD products through the full development cycle from initial concept to launch, proving instrumental in introducing dozens of new products into the market, globally.

A dynamic and confident leader, an effective communicator known for facilitating excellent interdepartmental collaboration initiatives, leveraging a pragmatic and balanced approach to leading teams. Decisive individual with a bias toward action and agility. Guiding teams, setting long term milestones and as short-term deliverables.

Broad Perspective, Big Picture Operational Excellence and Strategy Relational and Builder of Trusted Teams Strategic Planning and Tactical Implementation Talent Acquisition and Team Development Teaming and Collaboration Skills Translation of Business Goals Business Growth and Scalability Cross-Functional Influence Develop and Mentor High-Capacity Teams Global Regulations and Compliance Interpret Customer Needs

EXPERIENCE
Director of Software Engineering and IT – SummerBio, Menlo Park, CA May 2021 - Feb 2022 A startup company that created a fully automated end-to-end COVID-19 test system utilizing RT-qPCR, testing over 100,000 samples per night.

Director of Software Engineering - Paramit PD, Morgan Hill, CA July 2020 – May 2021 Leading a cross-functional team of 16 engineers in a fast-paced life science and medical device product development environment. Currently developing an innovative DNA Synthesis instrument. Responsible for setting: resources, deliverables, timelines, and roadmaps. Taking instruments from concept to release.

Bio-Rad Laboratories, Hercules, CA 2003 – Nov 2019
A manufacturer of products for the life science research and clinical diagnostics markets.

Senior R&D Manager - Mechanical Engineering, 2015 - Present Directly manage and mentor a team of 14, representing an engineering staff of 52 in the Life Sciences Group, while ensuring integrity of the $9M annual operating budget and maintaining leadership oversight for new product development for Life Sciences laboratory instrumentation. ▪ Owned primary responsibility for leading the development of the Fraction Collector for the NGC Liquid Chromatography System, which enhanced capacity more than 4x and is consistently generating more than
$1.5M per-month in net-new incremental revenue for the NGC platform. ▪ Served as advisor in driving the transfer/acquisition of a 3rd party design to a full-scale in-house manufacturing of the ZE5 Cell Analyzer (5 lasers and 30 channels), which included design improvements for robustness and manufacturability, and full conversion of the design documentation into SAP ERP/PLM system.

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Mark Chilcott Page Two
▪
Senior Manager - R&D Software, SQA, and Firmware Development, 2007 - 2015 Owned direct responsibility for leading a team of 21, representing a total team of 55 in supporting the 3-year development effort of the software and firmware for the new generation of C1000 PCR platform and the CFX real time PCR platform, which was a market success at launch, experiencing over 30% growth year-over-year, and is currently generating more than $80M in annual revenue.

Manager - R&D Software and SQA, 2005 - 2007
Led a team of 7 Software Developers and 3 SQA Engineers responsible for driving continued support and expansion of the iQ line of real time PCR instruments, ensuring product line innovation. ▪ Instrumental in introducing and driving the use of IBM Rational DOORs requirement management system, proving instrumental in enhancing our new product development processes and increasing cross-functional collaboration efforts within our entire team. The introduction of this system resulted in increased consistency and improved quality across the product line.

R&D Software Manager, 2003 - 2005
Directly led and mentored a team of 5 new Software Developers responsible for bringing outsourced third- party development to an in-house model, supporting the development of a new application using Windows .Net and C# for a new 5 channel iQ5 real time PCR instrument. This project was a complete lifecycle initiative from whiteboard concept to product release, within 30 months.

ADDITIONAL RELEVANT EXPERIENCE
Software911, Software Manager
Hewlett Packard
Senior Software Engineer – Team Lead
Software Engineer – Cupertino, CA
Software Engineer - Loveland, CO
Technical Writer and Software QA

EDUCATION
Bachelor of Science (BS), Electrical Engineering, Colorado State University, Fort Collins, CO

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Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Please review the City Council Ethics Policy
City Council Ethics Policy
Please type name to sign. By my signature, I agree to comply with all government regulations, should I be appointed to serve on a City of Morgan Hill Commission or Committee and confirm that I have read the attached Ethics Policy and that I do subscribe to this Policy; that I will apply it to the specific responsibilities s which I may be assigned; and that I will practice the core values set forth in this Policy in my public service for the City of Morgan Hill. Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Pierre Dacunha
Date*
5/6/2025 11:30 AM
5/6/25, 11:37 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/59042 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/59042 3/3

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Letter of interest for the Morgan Hill Planning Commission position Pierre Dacunha Morgan
Hill
March 6th, 2025,
Planning Commission Hiring Board
17575 Peak Ave.

Morgan Hill, CA. 95037
Dear Planning Commission,
I signed up for the City Newsletter many years ago and read it every time it's published. In this month's publication, it announced that you are accepting applications for future vacancies in that commission. It sparked my interest.

About myself. I have worked in Morgan Hill for over 22 years. And I have lived in Morgan Hill for over 20 years. I have commuted from 5th St. in our wonderful downtown and from the foothills of Jackson Oaks to my jobs here in town. My wife and I frequent the many restaurants downtown, and we do all of our household shopping locally.

Having lived here as long as I have experienced the growth of the City, which included the new trend for high-density housing, larger commercial buildings, and building complexes, and the effect on local traffic. Growth and prosperity are needed and expected for any city. I’m okay with that. I expect my grandchildren to live and grow here in our wonderful city. There is no place better for a small town with cultural experiences, Silicon Valley exposure, manufacturing, and education opportunities.

Over a decade ago, a very dear friend of mine held that same position. Before passing away unexpectedly, he gave me some advice. His advice was to get involved, be part of our City, participate in ideas that affect our friends in our community, and be available to contribute to festivals, fundraisers, and parades. We have to be a part of the growth and experience, otherwise, it will not continue. His words still follow me today, and that has inspired me to be a chair in the Taste of Morgan Hill, the Italian Harvest Festa, various car meets, and other volunteering positions.

I may not be the most qualified person for the job, but I feel that my experience as a long-time local resident and small business owner with a passion for the City of Morgan Hill may make me a valued member of the commission. Please consider me.

Sincerely, Pierre Dacunha

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Please upload a resume*
CMH Davenport.pdf
Have you ever served on any other citizen advisory commission or committee? If yes, please list and briefly explain the purpose of each one.* Santa Clara County Human Rights Commission, Santa Clara County Regional Conservation District, Santa Clara County Habitat Agency. Sunnyvale City Parks & Bikeways.

What skills and/or experience do you possess that would be important to your role as a commissioner?* My familiarity with planning laws, environmental regulations, land use and public hearing procedures, combined with my ability to collaborate with diverse stakeholders, would make me a valuable asset to the commission.

What do you understand the role of the commission to be and why would you like to serve on this commission?* The planning commission is a permanent committee made up of several local citizens who have been appointed by the governing body (city council) to review and act on matters related to planning and development. The Commission plans for the future orderly physical development of the City and informs and educates the public on current land use and urban planning issues. I am extremely knowledgeable about land use, competing priorities, and the challenges we face with RHNA allocations and population growth. I am passionate about Morgan Hill and want to maintain our healthy, sustainable, and vibrant community. I care deeply about thoughtful growth and how we develop our limited resources. I also believe that I need to take accountability and be part of the solution if I want to see a sustainable, strategic expansion of Morgan Hill.

What would you like to accomplish as a commissioner?*
Assist in balancing competing interests of new developments with community needs. Specifically, housing allocations, housing affordability, environmental and agricultural land protection, and preserving community character.

What are the greatest opportunities facing the community in regards to this commission?* Ensuring Public Engagement and Community Involvement
I believe we will be experiencing intense scrutiny with the City and County Builder Remedy applications and the pressure it will put on our local resources. This will have a significant impact on "planned" growth and standard applications. We will need to be thoughtful and informative as we actively engage with the public, and seek input on planning decisions and ensuring that community needs are considered.

We must be transparent in the decision-making processes, providing clear and accessible information to the public.

If you are an incumbent seeking reappointment:
4/1/25, 9:53 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58246 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58246 3/4

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Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Danielle Davenport
Date*
3/29/2025 04:45 PM
4/1/25, 9:53 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58246 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58246 4/4

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DANIELLE D DAVENPORT
Morgan Hill, CA 95037
US Mobile
Cover Letter to Accompany Planning Commission Application Danielle Davenport
Morgan Hill, CA 95037
March 29, 2025
To Whom It May Concern,
I am writing to express my interest in serving on the Planning Commission for the City of Morgan Hill. As a long-time resident and active community member since 2005, I am deeply committed to the well-being and sustainable growth of our city. My extensive experience in community engagement, local governance, and economic development has provided me with a strong foundation to contribute effectively to the commission’s mission.

Throughout the years, I have been actively involved in various initiatives that have strengthened our community. I have supported local schools through classroom assistance and fundraising efforts, coached youth volleyball, and served on the Morgan Hill Chamber of Commerce Board of Directors. Additionally, I co-founded a local seed investment company, collaborating with key stakeholders to promote economic development. My current role as a Board Member for the Santa Clara County Resource Conservation District, along with my previous appointments to the Santa Clara County Human Rights Commission and the Habitat Agency, has deepened my expertise in land use, planning, and development constraints.

I recognize that the Planning Commission faces complex challenges, including balancing development with community needs, ensuring compliance with evolving regulations, and fostering meaningful public engagement. I am eager to contribute my skills and experience to help navigate these issues while upholding ethical decision-making and transparency. My familiarity with planning laws, environmental regulations, and public hearing procedures, combined with my ability to collaborate with diverse stakeholders, would make me a valuable asset to the commission.

I am excited about the opportunity to serve and help shape a sustainable and vibrant future for Morgan Hill. I would welcome the opportunity to further discuss how my background aligns with the needs of the commission.

Thank you for your time and consideration.

Sincerely,

Danielle Davenport
Danielle Davenport

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DANIELLE D DAVENPORT
Morgan Hill, CA 95037
US Mobile

ENTITLEMENTS & DEVELOPMENT

PORTFOLIO OPTIMIZATION & OPERATIONS

FINANCIAL ANALYSIS & DUE DILIGENCE

LARGE SCALE PROJECT MANAGEMENT

PROJECT MANAGEMENT OFFICE

MERGERS, ACQUISITIONS & DIVESTITURES

PROFESSIONAL EXPERIENCE
D3 GROUP LLC - Los Gatos, CA 2020 +
Real Estate Investments Assets
Project Management on Key Assets
Investments, Acquisitions, Divestitures
Responsible for strategic portfolio management and consultant activities for key clients of Real Estate Assets. Providing clients with Strategy, Identification, Due Diligence, Investment Analysis.

SOUTH VALLEY INVESTORS & ANGELS BY THE SEA - Morgan Hill, CA 2014 - 2019 Portfolio Manager of Investments / Syndicates
Founding Board Member: Responsible for identification, due diligence, valuation, deal structure, and management of metrics on all opportunities.

AGILENT TECHNOLOGIES - Santa Clara, CA 2007 - 2009
Consultant Mergers, Acquisitions & Divestitures Manager Senior IT Manager: Responsible for Investment/Acquisition and Divestitures with a global team of 5.

SHELL INFORMATION TECHNOLOGY INTERNATIONAL - London UK 2005 - 2007 Director of Programme Management (IT, Trading and Real Estate) Key Achievements:
► Created a EU system for Change Management best practice for IT & Trading consultants, which increased adoption of critical programs to 98%.
► Created a program management office for IT & Trading and Real Estate to deploy interlock business unit strategies, plans of record, and key programs.
► Led architects and PMs in identification of additional business unit efficiencies for an approximate $62 million savings YoY.
► Deployed standard Project Management framework including; program management, portfolio management, reporting structures and process usage amongst 500+ PMs and Business Unit Advisors.

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DANIELLE D DAVENPORT
Morgan Hill, CA 95037
US Mobile
HEWLETT PACKARD CORPORATION - Palo Alto, CA US 1999 - 2005 Director of Mergers & Acquisitions - Enterprise Services Group Key Achievements:
► Created a WW system for integration best practice for consultants, which resulted in a YOY increase in profits by 18%.
► Created an interlock program between all business unit strategies, plans of record, and key programs reducing duplications and saving $185 million over 2 years. ► Led architects and PMs in identification of additional integration efficiencies for an additional $260 million savings over 3 years.
► Deployed standard Project Management framework including; program management, portfolio management, reporting structures and process usage amongst 7000+ employees.

Compaq/HP Merger and Integration Program Director – ESG PMO Lead Director Corporate Merger and Integration Office (MIO).

Directed all integration-related programs for HP’s largest and most complex business unit. Managed the Integration Team from “clean room” conception to on-target program closure of 25 inter-related programs.

Key Achievements:
► Designed and established the top ESG integration programs by analyzing all systems of record, resources, budgets and existing constraints against future business strategies. ► Analyzed and pronounced all integration-related cost savings and headcount reductions; therefore, enabling HP to commit to the necessary Security and Exchange Commission’s (SEC) reporting regulations.
► Completed all 25 programs (comprising 660+ work-streams) on time and achieved approximately $380 million over targeted $2B in value capture (120% of target and to SEC approval).

Senior Consultant – Solutions Organization
Served as the Consultant for the Tech Solution Suite of Services.

Key Achievements:
► Growth of a $83 million dollar acquisition into $1.3 billion dollar “bundled” value for the Enterprise group. ► Strategic portfolio planning of 3 integrations, global product management, 3rd party relationships, and competitive intelligence for 103% of Value Capture.

EDUCATION
Executive Training - Strategy Execution University of Navarra – Barcelona ES Master of Science Business & CIS Texas A&M
Bachelor of Science (Economics) San Jose State University

ORGANIZATIONS & AFFILIATIONS
Land Development Council
Realtors Land Institute (Accredited Land Consultant)
National Association of Realtors (CRE Committee Member) Rotary Club of Morgan Hill (Committee Member)
Loma Prieta Resource Conservation District (Board Member)

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Please upload a resume*
C. Helvey Resume.docx.pdf
Have you ever served on any other citizen advisory commission or committee? If yes, please list and briefly explain the purpose of each one.* Yes. I served on the Advisory Council of the National Constitution Center during my fellowship in Constitutional Studies at Georgetown University in Washington, D.C. The Council’s purpose was to provide input on public programming, educational initiatives, and civic engagement strategies centered on constitutional literacy and civil discourse. My role involved collaborating with scholars, educators, and civic leaders to help shape accessible, impactful content for a broad national audience. This experience deepened my understanding of how thoughtful governance and public input can shape institutions that serve the common good, which are values I would bring to my service on the Morgan Hill Planning Commission.

What skills and/or experience do you possess that would be important to your role as a commissioner?* As a lifelong member of the Morgan Hill and South Bay community, I bring a deep local knowledge and a genuine investment in the city’s future. Professionally, I have years of experience in strategic planning, collaborative leadership, and community engagement all of which are skills that are critical for thoughtful decision-making and effective public service.

My background includes working with diverse stakeholders to balance competing priorities, interpret complex information, and find common ground—all of which are essential in planning discussions. Additionally, my academic training in constitutional studies has sharpened my ability to analyze policy within broader legal and civic frameworks. I approach challenges with a long-term perspective and a commitment to transparency, inclusivity, and practical solutions that reflect the needs and aspirations of the whole community.

What do you understand the role of the commission to be and why would you like to serve on this commission?* I understand the role of the Planning Commission to be one of great responsibility and impact. The Commission helps shape the physical and economic development of Morgan Hill by reviewing land use proposals, development plans, and zoning changes to ensure alignment with the city’s General Plan and long-term vision. It serves as a critical link between community values and policy implementation, balancing the needs of residents, businesses, and future generations.

I would like to serve on this Commission because I care deeply about the direction in which Morgan Hill grows. As someone raising a family here and actively engaged in the community, I want to contribute to decisions that preserve what makes our city special while welcoming thoughtful, well-managed growth. I believe in planning that strengthens neighborhoods, supports local businesses, protects open space, and expands access to housing, transportation, and community resources. It would be a privilege to help guide that process with integrity, transparency, and a commitment to the public good. 4/15/25, 8:29 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58532 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58532 3/5

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What would you like to accomplish as a commissioner?*
As a commissioner, I would like to help ensure that Morgan Hill grows in a way that is inclusive, balanced, and future-ready. I want to contribute to policies and decisions that support a thriving local economy, increase access to diverse housing options, and strengthen the infrastructure and public spaces that make our city livable and connected.

I’m especially interested in advancing smart, sustainable development that reflects both our city’s ambitions and its character— growth that enhances quality of life without compromising the rural charm, agricultural legacy, and community spirit that define Morgan Hill. I would also prioritize transparency and public engagement, working to ensure that residents feel heard, informed, and represented throughout the planning process.

Ultimately, I hope to be a thoughtful, collaborative voice that helps Morgan Hill continue to evolve as a vibrant, welcoming place for all who live and work here.

What are the greatest opportunities facing the community in regards to this commission?* One of the greatest opportunities facing the Morgan Hill community through the Planning Commission is the ability to shape how our city grows while preserving what makes it unique, responding to both local aspirations and increasing pressures from the state. As California continues to mandate more aggressive housing targets and streamline development processes, cities like Morgan Hill are being asked to grow faster and more densely. While these challenges are complex, they offer an opportunity to approach growth strategically.

As the region faces rising demand for housing and economic development, we have the chance to plan for growth that is sustainable and aligns with our community’s values. By ensuring that new developments enhance our infrastructure, preserve our character, and support long-term vitality, we can manage change in a way that benefits everyone.

Additionally, we have the opportunity to promote mixed-use development, increase housing affordability, expand transportation options, and enhance public spaces, all while making Morgan Hill more connected and inclusive. Thoughtful planning and public engagement can position our city as a model for how small cities can grow with equity, resilience, and foresight.

By aligning state mandates with local priorities, we can create a future that balances responsible development, environmental stewardship, and economic opportunity, ensuring Morgan Hill remains vibrant and resilient for generations to come.

If you are an incumbent seeking reappointment:

Yes
No
Are you next in line to serve as Chair or Vice Chair?
4/15/25, 8:29 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58532 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58532 4/5

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Yes
No
Are you currently serving on a committee
Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Cameron William Helvey
Date*
4/11/2025 01:30 PM
4/15/25, 8:29 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58532 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58532 5/5

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11 April 2025
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Dear Members of the Selection Committee,
I am writing to express my sincere interest in serving the community on the City of Morgan Hill Planning Commission. As a lifelong resident of Morgan Hill and the South Bay area, I have a deep appreciation for the community’s character, values, and family-friendly environment. As a child and teenager, I grew up here in Morgan Hill and recently moved back as my wife and I decided that Morgan Hill is the place where we want to raise our four children. As a parent, I cherish raising my children here in Morgan Hill, where we routinely bike around town together, experiencing firsthand the beauty, connectivity, and community spirit that make this city so special. It would be a privilege to contribute to the thoughtful planning and responsible development that continues to make Morgan Hill a vibrant and welcoming place to live.

With strong roots in the community and a career dedicated to education and civic leadership, I bring both a long-term perspective and a deep commitment to collaborative service. I understand the importance of balancing growth with preservation, innovation with tradition, and infrastructure with environmental sustainability. I believe in engaging diverse voices and perspectives to make well-informed, forward-looking decisions that serve all residents.

The Planning Commission plays a vital role in shaping the trajectory of our city, and I am eager to contribute to that mission. I would be honored to lend my insight, integrity, and enthusiasm to this important work, and to help uphold the vision and priorities of Morgan Hill’s General Plan.

I’m especially passionate about promoting smart, sustainable growth that embraces opportunity while still honoring Morgan Hill’s rural heritage and agricultural legacy, ensuring our city evolves in a way that strengthens both our economy and our community character.

Thank you for considering my application. I welcome the opportunity to speak further about how I can serve the City of Morgan Hill in this capacity.

Sincerely,
Cameron W. Helvey
Morgan Hill, CA 95037

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Cameron William Helvey
Independent School Educator & Leader • •

EXPERIENCE
Oakwood School June 2024 – Present
Associate Head of School Morgan Hill, California
● Working with the Head of School to oversee all aspects of the school that serves 650 students in grades preschool through twelfth grade and employees over 100 people as teachers, staff, and coaches ● Leadings faculty and staff recruitment and retention efforts and ensures the proper onboarding of new employees, including training, check-ins, and Oakwood Culture Meetings ● Working with division heads and faculty to develop a robust system of faculty observation and professional growth designed to ensure excellence in classroom teaching ● Developing programs and initiatives based on the school’s commitment to creating a culture of dignity that respects and authentically celebrates different backgrounds and viewpoints ● Managing the funds and grants for professional development for faculty and staff members across the three divisions, with input from division heads
● Working closely with the Director of Communications, Director of Development and Alumni Relations, and the Director of Admissions to ensure alignment across school-wide Advancement efforts. ● History, Government, Business, and Entrepreneurship Teacher, teaching one class per semester to high school students
St. Andrew’s Sewanee School July 2022 – June 2024
Dean of Students Sewanee, Tennessee
● Oversee all aspects of the non-academic student experience of a 550-acre campus with nearly 300 students in grades 6-12 and about 70 professional faculty/staff
● Manage the residential student life program (80 boarding students in five residential houses and 20+ residential faculty living on campus) while modeling an engaged and involved residential presence and supervising the Director of Residential Life
● Supervise the Health & Wellness program including the Director of the Health Clinic, school nurses, and school mental health counselors
● Chair of the Student Support Team, Residential Life Leadership Team, Compass (SAS Advisory & Grade-Level Program) Leadership Team, and Retention Committee while co-chairing the Internal Administrative Team (with the Associate Head of School & Academic Dean) ● Completely reimagined the Upper School advisory system and the grade-level program, consolidating them both under one new program called Compass
● Instituted the new roles of four Upper School Grade Level Deans (GLDs) to help facilitate the flow of information to faculty, train advisors effectively, and ensure proper communication to families ● Supervise, manage, and coordinate training and scheduling of transportation and bus services ● Observe and provide feedback to classroom teachers as one of four teaching administrators following the Professional Growth & Faculty Observation plan
● Together with the Chief Financial Officer (CFO), coordinate all aspects of the Dining Services (contracted with FLIK)
● Serve on the Strategic Leadership Team, together with the Head of School Associate Head & Academic Dean, and Chief Financial Officer to make strategic, long-term decisions for the school ● Attend quarterly Board of Trustees’ meetings and effectively present on a variety of topics ● History & Government Teacher, teaching one class per term and a boys basketball coach ● Live on campus in the Father Flye House (Dean of Students Residence) with wife and three children The Hun School of Princeton July 2019 – June 2022
Associate Director of Resident Life & Dean of Residential Students Princeton, New Jersey

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● Oversee all aspects of the day-to-day life of approximately 180 boarding students in grades 9-12, with specific responsibilities over student social and emotional learning, academic progress, and discipline ● Faculty-elected member of the School Discipline Council, working with the Dean of Students to determine committee recommendations to the Head of School and Head of Upper School for violations of the school’s honor code
● Grade Level Advisor, Model Congress Advisor, Dorm Parent, Boys Basketball Coach, Student Government Advisor
● History & Global Studies Faculty, teaching two classes per term, most recently AP Government & Politics and Constitutional Law & American Society to students in grades 11, 12, and post-graduates. Previous teaching at Hun includes U.S. History Honors, U.S. History, Civics, and American Government. ● Fellow Mentor, mentoring a Hun Teaching Fellow through weekly one-on-one meetings, support for planning and teaching lessons, regular class observations Pinewood School March 2019 – June 2019
Upper School Social Studies Faculty Los Altos, California ● Taught AP U.S. History and AP World History to students in grades 10 and 11, helping them gain a mastery of the content and skills, leading to a 100% pass rate on the AP exams (95% receiving a 4 or 5) ● Collaborated with my colleagues to create and update the curriculum for upper school history/social sciences, reinvigorating the pedagogical philosophies of the department Oakwood School December 2018 – July 2019
Independent School Leadership Fellow Morgan Hill, California ● Shadowed the Head of School and observed every facet of schoolwide decision-making ● Attended weekly Advancement Meetings (admissions & enrollment, communications, and development & fundraising) and shared my insights and ideas on how to further the growth of the school ● One of four school employees in attendance at the weekly construction meetings, overseeing the creation of a $22-million construction project for a new classroom building, a state-of-the-art theater, and a new athletic complex (including a gymnasium, workouts rooms, coaches’ rooms, and locker rooms) ● Under the direction of the History Department Chair, conducted a curriculum review for multiple upper school social science courses including American Government, Economics, European History, and AP European History, updating them for the ever-changing 21st century Clifford International School August 2018 – December 2018 Inaugural American High School Program – Visiting Faculty Guangzhou, Guangdong, China ● Taught World History, United States History, and AP Human Geography courses to students in grades 10-12, helping students view the past, present, and future with a global perspective ● Worked with a mentor teacher to create and update the curriculum for upper school history/social sciences ● Served as an active participant of the K-12 international school, including responsibilities in student athletics, student leadership, and other extracurricular activities Oakwood School 2011-2013, 2015-2019
Assistant Director of Summer Programs, Summer Instructor, IT Specialist Morgan Hill, California ● Oversaw student outreach and enrollment, facilitated necessary communication with families and community, and assisted in program and curriculum development, including the hiring and training of faculty
● Instructed students in lessons and activities focusing on teamwork, sportsmanship, responsibility, and confidence
● Managed over 300 devices that allow students and teachers access to information and technology on campus
American Heritage School & American Fork High School January 2017 – April 2018 Student Teacher – History & American Government and Politics American Fork, Utah

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● Taught and engaged United States History and United States Government and Politics students in academically rigorous and student-centered lessons focusing on skills-based instruction and collaborative learning to enhance student abilities and love of learning ● Coauthored a lesson plan on the Pentagon Papers, published in 2018 by the Utah Council for the Social Studies in their annual journal, The Armillary
Brigham Young University 2012-2013, 2015-2018
Teaching/Research Assistant & IT Specialist Provo, Utah ● Led a team of 5-6 Teaching Assistants in creating curriculum, assessments and grading rubrics, teaching specific lectures, mentoring students, and holding exam review sessions in Nonprofit Management, World Religions, & Geography
● Collaborated with the course professor to develop consistency throughout different class sections of the course and organized and restructured online teaching material to make it more easily accessible for students
● Assisted in academic research with a team of professors that led to the publication of a book ● Tested and monitored classroom IT equipment of over 70 devices daily, including audiovisual equipment, assisting university professors effectively integrate technology in their courses The Church of Jesus Christ of Latter-day Saints 2013 – 2015 Volunteer Instructor (Missionary), Mission Executive Secretary Fortaleza, Ceará, Brazil ● Increased volunteer effectiveness by providing training in individual communication, problem solving, and teaching strategies for groups of 20 to 26 volunteers while inspiring and motivating success and achievement of goals
● Supervised an office staff of 4-5 volunteers, performing all domestic and international travel planning and acquiring of essential documents of 300+ volunteers, creating purchase orders for all necessary materials, and communicating with local volunteers and church leaders

EDUCATION
Vanderbilt University 2022- 2025
Peabody College Nashville, Tennessee
Doctor of Education (Ed.D.) – K-12 Education Leadership Completed the doctoral coursework and research requirements of the in-person K-12 Educational Leadership and Policy Ed.D. program, designed to give doctoral students practical skills to enhance K-12 educational institutions.

Georgetown University Summer 2022
James Madison Memorial Fellowship Foundation Washington, D.C.

Senior Fellow
Completed six graduate credits in constitutional history and government as part of America’s most prestigious award for secondary teachers
Columbia University 2019 – 2021
Teachers College, Graduate School of Education New York, New York Master of Arts, Teaching of Social Studies (with an out of program emphasis in educational leadership) Cumulative GPA: 4.0
Relevant Coursework: Functions of Organizations (Business Economics, Accounting, Finance, Marketing, Strategy), Civic Decision-Making, Politics of Education Policy, History of Inequality and Social Justice, Critical Geography Education, Global Citizenship Education, Advanced Methods of Teaching Social Studies Brigham Young University 2012 – 2018
David O. McKay School of Education & Marriott School of Management Provo, Utah Bachelor of Science, Teaching Social Science (with a minor in History Teaching)

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Nonprofit Business Management Minor
Major GPA: 3.64 | Cumulative GPA: 3.44
Relevant Coursework: Communication in Organizational Settings, Economic Principles & Problems, Spreadsheets & Business Analysis, Principles of Finance, Principles of Accounting, Marketing Management, Sociology of Education, Integrating Technology in K-12 Education, Multicultural Education, Economic Development & Growth, Supply Chain Management, Entrepreneurship Lecture Series, Creativity & Innovation

CERTIFICATIONS, FELLOWSHIPS, AWARDS
● James Madison Senior Fellow, Georgetown University
● Junior Teaching Award, The Hun School of Princeton
● National Constitution Center Teacher’s Advisory Council ● Teaching Certification & Credentials in Social Science Teaching (grades 6-12) with endorsements in the Social Studies Composite, which includes individual endorsements in Economics, Geography, History, Political Science, Psychology, and Sociology from the State of Utah ● Certified Nonprofit Professional (CNP) by the Nonprofit Leadership Alliance

SKILLS, ACHIEVEMENTS, INTERESTS
● Fluent in Portuguese (lived in Brazil for two years)
● Board of Directors (BYU Nonprofit Management Student Association) ● Extremely proficient in all things pertaining to educational technology ● Attended independent schools throughout K-12 education and was a fully engaged participant in student leadership (Senior Class President), varsity basketball (team captain), and yearbook (Editor in Chief) ● Enthusiastic sports fan and recreational player (basketball, volleyball, football, baseball, soccer) ● Eagle Scout Award, Boy Scouts of America

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Please upload a resume*
resume.pdf
Have you ever served on any other citizen advisory commission or committee? If yes, please list and briefly explain the purpose of each one.* Yes, I have a robust history of civic involvement. Previously, I served as a Parks and Recreation Commissioner for the City of Morgan Hill, providing strategic advice on public parks, recreation programs, and capital improvement projects. This role enriched my understanding of city planning processes, community requirements, and effective public engagement strategies. Additionally, I held a position as a Social Services Advisory Commissioner for Santa Clara County, where I partnered with county leadership to influence policies concerning social services and funding allocations.

What skills and/or experience do you possess that would be important to your role as a commissioner?* In addition to my current role in public communications at VTA, where I've honed my skills over the past two years in government affairs and as a liaison to key oversight committees, I bring a robust background in policy analysis, land use planning, and transportation infrastructure. My experience includes collaborating closely with elected officials and community stakeholders, which has equipped me with a deep understanding of the complexities of municipal governance and development processes.

Furthermore, my leadership extends beyond professional roles. As a Morgan Hill Leadership Program participant (Class of 2020) and as Valencia Neighborhood Watch Community Coordinator, I have actively contributed to enhancing community safety and fostering civic engagement. These roles have provided invaluable firsthand knowledge of local issues and a strong connection to the concerns and aspirations of Morgan Hill residents.

I am eager to leverage this comprehensive skill set and dedication to serving as a proactive and informed member of the planning commission, contributing effectively to shaping the future growth and sustainability of our vibrant community.

What do you understand the role of the commission to be and why would you like to serve on this commission?* I understand the pivotal role of the Planning Commission in guiding the growth and development of Morgan Hill. The commission plays a crucial part in shaping policies related to land use, urban planning, and sustainable development. I am particularly drawn to this opportunity because of my passion for enhancing community spaces and infrastructure, as evidenced by my tenure as a Parks and Recreation Commissioner for the City of Morgan Hill.

My experience in public communications, strategic planning, and stakeholder engagement uniquely positions me to contribute effectively to the commission's objectives. I am dedicated to fostering transparent decision-making processes that prioritize the needs and aspirations of Morgan Hill residents.
4/1/25, 9:57 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58303 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58303 3/5

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What would you like to accomplish as a commissioner?*
As a Planning Commissioner for the City of Morgan Hill, I aim to contribute my expertise in public outreach, community engagement, and government affairs to help shape thoughtful and sustainable development in our city. My experience in public communications, transportation planning, and civic engagement has given me a deep understanding of how infrastructure, mobility, and land use impact residents' quality of life.

I want to ensure that development aligns with Morgan Hill’s long-term vision, balancing growth with sustainability, preserving open spaces, and enhancing public amenities. My background in community outreach at VTA has equipped me with skills to facilitate transparent and inclusive public engagement, ensuring that residents' voices are heard in the planning process.

Additionally, having served as a Parks and Recreation Commissioner, I have worked closely with city staff and community stakeholders on capital improvement projects, public space enhancements, and recreational programming. This experience has reinforced my commitment to policies that foster a connected, vibrant, and well-planned community.

If appointed, I will bring a collaborative approach to decision-making, prioritizing responsible development, housing accessibility, transportation connectivity, and environmental stewardship to support Morgan Hill’s continued prosperity.

What are the greatest opportunities facing the community in regards to this commission?* One of the greatest opportunities we have is to enhance our infrastructure in a way that fosters sustainable growth and improves the quality of life for all residents. As a Public Communications Specialist at VTA, I've collaborated on projects that directly benefit our community, from enhancing transportation networks to promoting accessibility initiatives. These experiences have underscored the importance of proactive planning and transparent communication in achieving community-driven outcomes.

Moreover, my role as a Parks and Recreation Commissioner has highlighted the vital role of public spaces and recreational facilities in promoting health, well-being, and community cohesion. Investing in parks, cultural facilities, and recreational programs not only enhances our physical environment but also strengthens our social fabric.

Looking ahead, I see an opportunity for the Planning Commission to lead initiatives that integrate smart growth principles, environmental stewardship, and equitable access to resources. By leveraging my background in community outreach and strategic partnerships, I aim to contribute to inclusive planning processes that prioritize sustainability and resilience.

I am eager to bring my passion for community service and my diverse skill set to the Planning Commission, collaborating with fellow commissioners and community stakeholders to shape a vibrant and sustainable future for Morgan Hill.

If you are an incumbent seeking reappointment:
4/1/25, 9:57 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58303 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58303 4/5

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Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* David A. Lovato
Date*
4/1/2025 09:30 AM
4/1/25, 9:57 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58303 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58303 5/5

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David A. Lovato
Morgan Hill, CA 95037
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue
Morgan Hill, CA 95037
Subject: Letter of Interest for Planning Commission Appointment Dear Members of the Morgan Hill City Council and Planning Commission, I am writing to express my sincere interest in serving as a Planning Commissioner for the City of Morgan Hill.

As a long-time resident and active community leader, I am eager to contribute my professional expertise in public outreach, government affairs, and community engagement to help shape the city's future development.

My professional background aligns well with the responsibilities of a Planning Commissioner. I have over 7 years of experience at the Valley Transportation Authority (VTA), where I have worked extensively in public communications, community engagement, and government affairs. I have played a key role in coordinating public meetings, preparing reports, and collaborating with local, regional, and state agencies to support transportation and infrastructure projects that impact our community. Additionally, as the Lead for VTA’s Homeless Response Team, I have developed protocols to address complex social and urban planning challenges.

Beyond my work with VTA, I have a strong history of civic involvement. I previously served as a Parks and Recreation Commissioner for the City of Morgan Hill, advising on public parks, recreation programs, and capital improvement projects. This experience has given me valuable insights into city planning processes, community needs, and public engagement strategies. Additionally, I served as a Social Services Advisory Commissioner for Santa Clara County, where I collaborated with county leadership to shape policies related to social services and funding priorities.

With a Bachelor of Science in Human Services from Notre Dame de Namur University and completion of the Morgan Hill Leadership program (Class of 2020), I have developed strong analytical, policy analysis, and community-building skills. My career has been dedicated to fostering collaboration between government agencies, businesses, and residents to create sustainable and inclusive policies. I am particularly passionate about thoughtful urban planning, smart growth, and ensuring that development aligns with the community's vision for the future.

If allowed to serve on the Planning Commission, I will bring a balanced and informed perspective to land use and development decisions. I look forward to the possibility of contributing to the continued growth and vibrancy of Morgan Hill. Thank you for your time and consideration. I welcome the opportunity to discuss my candidacy further and appreciate your consideration.

Sincerely,
David A. Lovato

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David A. Lovato
, Morgan Hill, California
Cell: Email: www.linkedin.com/in/davidalovato

SUMMARY
Creative in the development, coordination, and implementation of community engagement activities. Developed and implemented programs, training, and employment development for city and state organizations. Strong history of collaboration with city, county, and federal agencies, while supporting the community, faith-based and for-profit organizations. I am eager to continue my transition from a successful 6-year VTA career in public outreach and community engagement, while simultaneously taking on government affairs duties and tasks for the past 2 years and to a full-time role as a Policy Analyst on the VTA Government Affairs team.

EDUCATION / LICENSURE / CERTIFICATION
• B.S. Human Services (2021)
Notre Dame de Namur University
• Morgan Hill Leadership (Class of 2020)

PROFESSIONAL EXPERIENCE
Public Communications Specialist
VTA
06/2017 – Present
• I support VTA community outreach, employee communications, and marketing promotional efforts, including writing and editing material for publication, program conceptualization and development, and community presentations. • I initiate, develop, and sustain professional partnerships with public and private sector organizations and project stakeholders by preparing and presenting information regarding VTA projects to the public and VTA employees. • I coordinate internal and external project activities, including public meetings. • I prepare reports requiring the collection and analysis of data from a variety of sources and develop and maintain project website content.
• As the current Lead for VTA’s Homeless Response Team (HRT), I lead and train other staff on homeless response protocols.

Govt. Affairs Duties
VTA
8/2022-Present
• Develop draft agendas for the Ad Hoc Grade Separations Committee and VTA's BART Silicon Valley Phase II Oversight Committee.
• I prepare agendas for committees and attend all Advisory Agenda Review meetings. • Review board office script and misc. Documents and work with the board office to prepare the chair script Ad Hoc Grade Separations Committee.
• I staff VTA's BART Silicon Valley Phase II Oversight Committee monthly meetings, and staff the quarterly Ad Hoc Grade Separations Committee meetings.
• I follow up with committee board staff and determine if there are review tasks that need to be completed. • I follow up on committee-requested tasks and prepare written reports of meeting summaries for presentation to the full board verbally by the committee chairperson.
• I currently sit on the Superbowl/Special Events Committee • I currently am a member of the APTA/VTA Seminar Planning Committee (APTA Seminar dates: July 13-16) Command Post Dispatcher (Part-time)
Levi's Stadium
07/2014 - Present
Oversee stadium operations and incidents in the case management software program. Liaison with emergency services (i.e. City Fire, Police, and Ambulance) to respond to emergencies, and dispatch appropriate security, guest services, disability services, maintenance, engineering, concession staff, and management staff to resolve and respond to issues during events.
• IS-317, Community Emergency Response Team
• Firefighter 1 Certificate of Education

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Program Manager
City of San Jose – Department of Labo - work2future
08/2016 – 01/2017
• Supervised, trained, evaluated, coached/counseled, and disciplined staff by labor laws and company policies. • Managed and supervised staff and activities to ensure the fulfillment of company performance goals. • Planned, organized, directed, and coordinated the activities of the city, state, and non-profit service agencies. • Analyzed and evaluated complex situations and then recommended and implemented effective improvements. • Developed, coordinated, and implemented community outreach activities. • Planned, developed, and edited marketing material for advertisements, press releases, internal communications, promotional events, and other public information.
• Responded to community needs, in coordination with other staff service agencies. • Established and maintained cooperative working relationships and partnerships with a variety of stakeholders and community members, businesses, civic and educational organizations, and other service provider agencies. • Represented the company before various public and private sector organizations.

Business and Community Relations, Director
Department of Labor - Job Corps
09/2015 – 06/2016
• Established meaningful relationships and networks with local and distant employers, and education partners, and provided civil service and job opportunities for current students and program graduates. • Developed meaningful relationships with members of the local community to keep them informed of changes to the rules, procedures, or activities of the Job Corps center. • Chaired the center’s Industry Relations Council (IRC) to identify and recommend appropriate career technical training for the center, the skills, and education necessary for employment opportunities, and recommend appropriate changes in career technical training curricula.
• Chaired the Community Relations Council (CRC) represented by business, civic, educational organizations, elected officials, law enforcement agencies; and other service providers serving targeted populations.

Work-Based Learning Program Coordinator
Department of Labor - Job Corps
11/2012 – 09/2015
• Established and maintained the Work-Based Learning Program (WBL) linkages with local employers, city and state agencies, and nonprofit organizations.
• Conducted community outreach, including public presentations, and expanded and maintained a community network, both on and off campus.
• Acquired quality worksites for current students seeking to gain work experience within their chosen field of industry education.
• Attended a variety of program-related functions on and off campus to develop a network of companies, streamlining industry recruitment and training processes by the pre-screening quality and eligible students and graduates best fit for positions available, improving companies' bottom line.

Emergency Medical Technician, Supervisor
SAP Center at San Jose - San Jose Sharks
01/2008 – 08/2014
• Trained to respond quickly to emergencies regarding medical issues, traumatic injuries, and accident scenes at the SAP Center property.
• Coordinated outreach, marketing, and recruitment for available positions. • Prescreened, interviewed, and made final approvals for all new hires, as well as trained new hires in standard operating procedures, and facility orientation.
• Developed, coordinated, and facilitated bi-annual refresher training for all department personnel. • Ensured compliance with all agencies, and county protocol and regulatory requirements.

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What would you like to accomplish as a commissioner?*
As a commissioner, I would like to help ensure that development plans align with Morgan Hill’s General Plan, support smart and sustainable growth, and reflect the needs of the community. My goal is to contribute to decisions that foster balanced development—encouraging economic vitality, environmental stewardship, and high quality of life for residents as the city continues to grow.

What are the greatest opportunities facing the community in regards to this commission?* One of the greatest opportunities facing Morgan Hill is managing growth in a way that sustains its smalltown charm while expanding tourism and economic development. As the city grows, it’s important to avoid an overemphasis on high-density housing, such as condominiums, that could detract from the community’s unique character. The Planning Commission can help guide development towards more diverse, sustainable housing options that blend with the city’s identity. By focusing on preserving open spaces, supporting small businesses, and leveraging Morgan Hill’s attractions—like local wineries and outdoor recreation—the Commission can help expand tourism while maintaining the town’s inviting, hometown feel.

If you are an incumbent seeking reappointment:

Please review the City Council Ethics Policy
City Council Ethics Policy
Please type name to sign. By my signature, I agree to comply with all government regulations, should I be appointed to serve on a City of Morgan Hill Commission or Committee and confirm that I have read the attached Ethics Policy and that I do subscribe to this Policy; that I will apply it to the specific responsibilities s which I may be assigned; and that I will practice the core values set forth in this Policy in my public service for the City of Morgan Hill. Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Elizabeth Pulido-Carrillo
Date*
5/2/2025 04:30 PM
5/6/25, 11:08 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58948 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58948 3/3

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ELIZABETH PULIDO
Morgan Hill, CA 95037 ·
____________________________________________________________________ Environmental Engineer with considerable project management experience in e-waste recycling, environmental regulations, and risk mitigation for a major electronic company. Strong analytical skills in data sets and knowledgeable in environmental consulting.

Career Highlights
• Lead representative for major company in environmental consulting agencies (Information Technology Industrial Council and Electronic Product Stewardship Canada) to advise and provide technical expertise for environmental regulations • Manage and coordinate all E-Waste and Packaging Recycling Programs in North America to align with circular economy initiatives
• Lead and support 50 members in our corporate sustainability committees (7) across North America to align with company’s sustainability commitments
• Radiation Safety Officer for company
_____________________________________________________________________________________

EDUCATION
University of California Merced, Merced — B.S. Environmental Engineering Organizations: VP Engineers for Sustainable World, Society of Hispanic Professional Engineers, Solar Energy Association

CERTIFICATIONS
Nevada Technical Associates – Radiation Safety Officer Certified SKILLS
• MS Suite/Google Suite
• QGIS/ ArcGIS
• SQL (PostgreSQL)
• Data Analysis/ QA
• Technical Writing and
Editing
• Risk Mitigation
• Analyzing Performance
Metrics
• Project Management
• Team Management

EXPERIENCE
EPSON: Sr. SPECIALIST, ENVIRONMENTAL PROGRAMS & PRODUCT COMPLIANCE March 2020 - PRESENT
• Manage all Environmental Projects (compliance, environmental regulatory, chemical risk management) for Epson’s United States and Canadian Market
• Manage and organize Epson’s Electronic and Ink Recycling Programs for North American Markets (US & CA) • Engineered and developed the departments first compliance calendar necessary for environmental programs management and regulatory compliance
• Manage the investigation of new regulations, technical documents, or the executions of regulatory, and sustainability projects • Effectively handle all annual electronic manufacturer reports for government agencies in North American markets; Energy Star, IMERC, Vendor Surveys
APPLE: DATA ANALYST
FEBRUARY 2019-MARCH 2020
• Performed QA/QC for large data sets
• Analyzed, validated, assembled data content from databases for stakeholders • Lead projects with other teams on data inquiries and blocking issues Greater LA County Vector Control District: MOSQUITO CONTROL TECH October 2018 - November 2018
• Performed inspections (surveillance) and control operation relative to mosquito vector problems • Administered findings into database with detailed comments for future research and localized map surveying (GIS) City of Long Beach Environmental Bureau: PUBLIC HEALTH AND ENVIRONMENTAL INTERNSHIP June 2015 - August 2015
• Reviewed research, analyzed data, and assembled paper for consideration and presentation for the committee board directors • Lead research on the effects of environmental pollutant for asthma risk patient for a Government Funded Program Grant proposal

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Yes
No
Are you currently serving on a committee
Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

NA
Please review the City Council Ethics Policy
City Council Ethics Policy
Please type name to sign. By my signature, I agree to comply with all government regulations, should I be appointed to serve on a City of Morgan Hill Commission or Committee and confirm that I have read the attached Ethics Policy and that I do subscribe to this Policy; that I will apply it to the specific responsibilities s which I may be assigned; and that I will practice the core values set forth in this Policy in my public service for the City of Morgan Hill. Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Mike Rizzo
Date*
1/29/2025 05:15 PM
4/30/25, 9:28 AM morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58874 https://www.morganhill.ca.gov/Admin/FormCenter/Submissions/Print/58874 3/3

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Dear Planning Commission,
As a dedicated resident of Morgan Hill for over three decades, I have a deep appreciation for our city's evolution into a vibrant destination. It is with this understanding that I submit my strong interest in a position on the Planning Committee.

My professional background in strategic and tactical planning for corporate environments has honed my ability to analyze needs, develop effective growth strategies, and foster collaborative problem-solving. This experience, coupled with my knowledge of construction project management and lease management, would allow me to contribute a well-rounded perspective to the committee's work.

I am excited about the opportunities ahead for Morgan Hill. I am eager to apply my skills to ensure thoughtful planning that include understanding of requirements and to meet budget and schedule constraints to assure success.

Thank you for your time and consideration. My resume is attached, and I look forward to discussing my application further.

Sincerely,
Mike Rizzo

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MICHAEL J. RIZZO
, Morgan Hill, CA 95037 Telephone: / Email:

PROFILE
Facilities Manager (retired) with a wide breadth of experience and knowledge in workplace management, project management, operations, planning, real estate, relationship management and environmental, health and safety.

Valued for consistent success driving the planning and the execution of mission critical office, clean room, and lab, projects to support engineering, manufacturing, research and development. Brings a strong work ethic, hands on approach and the desire to exceed expectations through all levels of the organization. Constantly seeking new challenges and process improvements. Able to focus, remain calm, and work well in fast paced high-pressure situations, possessing a genuine respect for personnel at all levels.

PROFESSIONAL EXPERIENCE
COHERENT Santa Clara, CA (12/2017-Retired)
Senior Workplace Project Manager, Corporate Facilities
Responsible for corporate projects for U.S. Work with internal groups to develop scope and space requirements.

Coordinate design development, bid, bid review and selection. Oversee budget, schedule and construction to assure requirements and milestones are met. Identifying and managing potential risks and liabilities. Value engineer projects for potential cost savings. Manage multiple projects from $5k to $24M.

Major Accomplishments:
● Renovation of Corporate Headquarters: project cost, $24M. Modernize building work space, 225k square feet of labs, clean rooms, lobby and cafe that enhanced collaboration, working environment and ergonomics. Increased seating by 25% to allow vacating a lease building for an annual savings of $3M. ● Tucson Manufacturing Expansion: project cost $1.6M. Leased adjacent space and increased clean room manufacturing space by 4K square feet. Combined existing with new clean room space while keeping manufacturing operational. New expansion allowed 51% revenue growth.

NANOMETRICS CORPORATION Milpitas, CA (10/2015-11/2017)
Senior Manager, Facilities and Environmental, Health and Safety Responsible for the functioning of building systems including; HVAC, electrical, safety, fire and security. Oversaw day to day operations; managed $2.1M budget, general maintenance, café, janitorial, relocations, landscape and furniture.

Provided project management for all corporate and lease renovation projects. Managed Real Estate portfolio for domestic and international leases, 228K square feet.

Major Accomplishments:
● Developed a growth plan for Austin, Texas to renew their existing 3,495 square feet lease instead of relocating to support growth. Lease cost saving of $41,940 and negotiated $31,422 for tenant improvements. ● Implemented nitrogen tank and distribution system. The prior process was to manually monitor and replace the bottled six packs daily, yearly savings $132,408.

KLA-TENCOR CORPORATION Milpitas, CA (02/2000-09/2015)
Senior Manager, Strategic Planning and U.S. Real Estate, (2010-2015) Negotiated and coordinated space allocation in conjunction with divisions to develop strategic and tactical plans. Analyzed needs, developed and made strategic and operational recommendations for space.

Developed and maintained solid working relationships with executive management teams and staff to understand the group's business requirements to develop strategic plans and to resolve any facilities concerns.

Managed U.S. real estate in lease property search, negotiation and documentation review for new and renewal of lease properties. Reviewed customer’s requirements to assure location and size supports business needs. Managed 12 sites.

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Major Accomplishments:
● Developed campus strategic plan to add 5 new buildings and a parking structure to the corporate campus by increasing Floor Area Ratio (FAR) by 128,000 square feet. Worked with the City of Milpitas to re-zone the corporate campus. .
● Teamed with the Wafer Inspection Division to reduce their space allocation to provide a cost saving of $45K. This was accomplished by forecasting when space is required, lab/clean room consolidation, and storage of material.

Manager, Project Management, (2005-2010)
Managed construction project team, negotiated, developed, reviewed, and monitored vendor contracts. Assured facility standards were followed and reviewed projects to assure they were required, Supported facilities projects in Singapore and Israel. Mentored and developed project team.

Major Accomplishments:
● Consolidated San Jose campus into the Milpitas campus, providing a $14M annual savings. 34% space consolidation of lab and clean space, and relocated ~1,800 people. Completed project on schedule, and 5% under budget of $9.6M.
● Improved efficiency/accuracy of project tracking. Developed project database to track each project’s estimated budget, final budget, change orders and schedule. Prior to this there was no project tracking method. ● Integrated a new relocation model for a cost savings of $104K. Implemented an approval process for relocations, incorporated into work order system and reduced number of days the vendor was on site.

Senior Project Manager, (2000-2005)
Managed construction projects; new building, clean-room, lab, and office renovation projects. Performed design reviews and bid tours. Developed and maintained project requirements, scope, schedule and budget. Projects range from $5K to $3.8M.

Major Accomplishments:
▪ Improved consistency of construction projects. Developed and implemented facility construction and design standards. Standardized construction material and designs for campus projects. Increased quality of construction and made service of items, HVAC, etc. more cost effective because the construction installations designs and materials were consistent.

PRIOR EXPERIENCE
LOCKHEED MARTIN SPACE SYSTEMS COMPANY Sunnyvale, CA
Project Manager/Site and Planning Group
Managed civil construction projects relocation of utilities, new parking lots, and roads. Company liaison to the Valley Transit Authority to support construction of light rail as it affected Lockheed-Martin’s plant site.

Facilities Project Manager/Facilities Operations
Managed multiple office and manufacturing renovation projects at a high complex level and environmental projects such as asbestos, cyanide, beryllium and ground soil remediation.

Facilities Engineer/Facilities Engineering,
Managed 429,000 square feet of office space, computer rooms, reproduction units, and manufacturing areas. Initiated required building repairs or modifications in coordination with maintenance operations.

PROFESSIONAL AWARDS
KLA-Tencor Corporation General Manager’s Award/KLA-Tencor High Performing Team Awards Lockheed-Martin Performance Award/Lockheed-Martin Enterprise Award

EDUCATION
Bachelor of Science
San Jose State University, San Jose, CA

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2 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Spring Andrews, Information Technology Director
APPROVED BY: City Manager

AUTHORIZE THE CITY MANAGER TO EXECUTE A PURCHASE

AGREEMENT FOR COMPUTER EQUIPMENT WITH SAVANT

SOLUTIONS

RECOMMENDATION(S)
Authorize the City Manager to execute a purchase agreement for computer equipment with Savant Solutions with an amount not to exceed $150,000.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
GIS Strategic Plan
Morgan Hill 2035 General Plan
Public Safety Master Plan
REPORT NARRATIVE:

Background:

In order to more efficiently replace aged out equipment, we are moving to a replacement cycle for workstation inventory. We are able to leverage more competitive pricing when buying annually in volume rather than multiple small purchases.

Current challenge
Current workstations are no longer supported and have reached end-of-life.

Additionally, current workstation configurations do not support current business needs.

Proposal:

Leverage budgeted funds to replace end-of-life equipment that is no longer sustainable.

The new equipment will improve our teammates' work experience by leveraging faster

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2 processors, additional memory and storage. The new workstations have been custombuilt based on business needs to support new applications and initiatives.

The proposed equipment is custom-built, which creates challenges in producing multiple quotes. The City was able to compare two quotes. Lenovo Direct provided a quote for the custom equipment and utilized the current NASPO cooperative contract. Savant Solutions also provided a quote for the custom equipment, and their price was lower than Lenovo Direct on a cooperative contract. The quotes are without sales tax and recycling fees.
• Lenovo Direct – Pre-Tax $130,152.
• Savant Solutions – Pre-Tax $128,463.

Staff recommend that the City Council authorize the City Manager to execute a purchase agreement for computer equipment with Savant Solutions for an amount not to exceed $150,000, to account for sales tax, recycling fees, and price volatility.

COMMUNITY ENGAGEMENT:

This staff report serves to inform the Community of the City’s need to purchase equipment.

ALTERNATIVE ACTIONS:

Council could direct staff to seek and purchase with an alternative provider; however, this will likely result in additional costs. Re-engaging another vendor to purchase computer equipment would not only result in additional costs, but also pose significant delays due to price volatility and supply chain issues, furthering our risk of equipment failure.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

There has been no prior City Council action related to this purchase, however, the City routinely purchases computer equipment.

FISCAL AND RESOURCE IMPACT:

There is sufficient funding available for this purchase. The amount has been budgeted for the 2024-2025 fiscal year.

CEQA (California Environmental Quality Act):

Not a project.

This agreement will not result in direct or indirect physical changes to the environment.

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Thank you for requesting a quote from Lenovo. We have included your complete quote information below.

Please contact your Lenovo account manager to process your order and reference your quote number to help us serve you more quickly.

Shipping address Billing address Pending order information City of Morgan Hill City of Morgan Hill Date and time:06.05.2025 16:07:55 16200 Vineyard Blvd Ste 150 16200 Vineyard Blvd Ste 150 Morgan Quote number:4280410297 95037-7176 95037-7176
Contract: CA-NASPO VP-23013/7-23-70-55-05
Qty Part no. Description Price Total
35 12TYS2BR00 ThinkCentre M70t Gen 5, Intel® Core™ $ 930.00 $ 32,550.00 i5-14500 vPro® (E-cores up to

3.70GHz, 24MB), W11P64 ENG, 16.0GB,
1x512GB SSD M.2 2280 PCIe Gen 4
Performance TLC, Intel® UHD Graphics
770, Slim DVD RAMBO,BT 5.1 or
above,WiFi6 AX201 2x2, 260W, 4YR
Premier Support Plus
1 21KWS80C00 ThinkPad P1 G7, Intel® Core™ Ultra 9 $ 3,960.00 $ 3,960.00 185H vPro® (E-cores up to 3.80GHz,
24MB), 16" WUXGA Non-Touch,
W11P64 ENG, 64.0GB, 1x1TB SSD M. 2
2280 PCIe Gen4 Performance TLC Opal,
1xNVIDIA® GeForce RTX™ 4070 8GB,
BT 5.4,Intel®BE200vPro, No Wired
Ethernet, FPR, 5M
7 21KTS5YD00 ThinkPad P16s G3, Intel® Core™ Ultra $ 2,386.00 $ 16,702.00 7 155H (E-cores up to 3.80GHz, 24MB),
16" WUXGA Non-Touch, W11P64 ENG,

32.0GB, 1x1TB SSD M.2 22 80 PCIe
Gen4 Performance TLC Opal, 1xNVIDIA
RTX™ 500 Ada 4GB, BT5.1 or
BT5.3,Intel®AX211vPro, Wired
Ethernet, FPR, 5MP RGB
40 21MQS7LJ00 ThinkPad T16 G3, Intel® Core™ Ultra 5 $ 1,667.50 $ 66,700.00 125U (E-cores up to 3.60GHz, 12MB),
16" WUXGA Touch, W11P64 ENG,

16.0GB, 1x512GB SSD M.2 2280 PCIe
Gen4 Performance TLC Opal, Intel®
Graphics, BT5.1 or
BT5.3,Intel®AX211vPro, Wired
Ethernet, FPR, 5MP RGB+IR, 4 Cell Li
40 40AY0090US ThinkPad Universal USB-C Dock $ 195.00 $ 7,800.00

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8 40B00300US ThinkPad Thunderbolt 4 Workstation $ 305.00 Dock - US
$ 2,440.00
Subtotal $ 130,152.00
Shipping &
Handling
$ 0.00
Recycling Fee $ 240.00
Taxes $ 11,882.88
Total $ 142,274.88
This offer is valid for thirty(30) days from the date of this offer and supersedes any previous offers. Offer and specifications may be changed at any time without notice. Acceptance of this offer is subject to Lenovo's payments terms and availability of items. Lenovo may reject or cancel orders for pricing or other errors.

We appreciate your interest in our products.

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3 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Adam Paszkowski, Principal Planner
APPROVED BY: City Manager

ADOPT RESOLUTION ACCEPTING METROPOLITAN
TRANSPORTATION COMMISSION’S (MTC'S) TRANSIT ORIENTED

COMMUNITIES (TOC) PLANNING AND IMPLEMENTATION PROJECTS

GRANTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE

GRANT RELATED AGREEMENTS AND DOCUMENTS

RECOMMENDATION(S)
Adopt resolution:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Enhancing Diversity and Inclusiveness
2024-2025 Strategic Priorities
Affordable Housing and Homelessness
Economic Development and Tourism
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Climate Action Plan
Morgan Hill 2035 General Plan
Public Safety Master Plan

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3 Vision Zero
REPORT NARRATIVE:

Staff recommends adoption of a grant resolution (see attachment) accepting a total grant award in the amount of $1,150,000 in response to the Metropolitan Transportation Commission (MTC) call for Transit Oriented Communities (TOC) Planning and Implementation Projects grants consisting of:
• Morgan Hill Zoning Densities and Floor Area Ratio TOC Policy Compliance ($650,000);
• Morgan Hill Housing TOC Policy Development ($200,000); • Morgan Hill Parking Management TOC Policy Compliance ($125,000); and • Morgan Hill Station Access and Circulation TOC Policy Compliance ($175,000) MTC TOC Policy
MTC’s Transit-Oriented Communities (TOC) Policy (MTC Resolution 4530), adopted in September 2022 and revised in October 2023, focuses on implementing Plan Bay Area 2050 strategies through the core elements of land use density, affordable housing, parking management, and complete streets/multimodal access.

The TOC Policy is organized around four policy goals:

1. Housing Supply and Affordability - Increase the overall housing supply in part by increasing the density of new residential projects; prioritizing affordable housing in transit-rich areas.

2. Commercial Development - In areas near regional transit hubs, increase the density of businesses and commercial development.

3. Access and Mobility - Prioritize bus transit, active transportation and shared mobility (such as bike-share and car-share) within and to/from transit-rich areas, particularly to Equity Priority Communities located more than one half mile from transit stops or stations.

4. Partnerships - Support and build partnerships to create equitable transitoriented communities within the San Francisco Bay Area.

The TOC Policy applies to locations within a half mile of existing and planned stops and stations served by regional rail, commuter rail, light-rail transit, bus rapid transit, and ferries. MTC has identified nearly 65 jurisdictions with a TOC area.

Morgan Hill TOC Policy Compliance
Morgan Hill has one TOC area, the Morgan Hill Caltrain Station. Geographic areas subject to the TOC Policy are categorized by tier according to the level of transit service at fixed-guideway station(s) within ½ mile; as such, the Morgan Hill Caltrain Station is categorized as Tier 4 (or lowest tier) within the TOC Policy: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals. Some TOC Policy requirements are defined by transit tier, with some

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3 requirements consistent across all tiers.

When the draft TOC policy was released in early 2022, the City was originally located in Tier 2 due to the Caltrain station. Staff provided MTC with detailed reasons why Morgan Hill should not be considered the same as cities to the north with regular transit service. After submitting comparisons of our Caltrain schedule with other commuter rail lines, MTC agreed to put us and Gilroy in the lowest tier.

Generally, Morgan Hill's zoning regulations are not consistent with the TOC Policy. Compliance with the TOC Policy is required for jurisdictions to qualify for future One Bay Area Grant (OBAG) funding cycles (i.e., OBAG 4 and subsequent funding cycles). MTC has directed jurisdictions to anticipate demonstrating compliance prior to the adoption of OBAG 4, expected in early 2026.

The TOC policy requirements consist of the following four elements:

1. Minimum residential and commercial office densities for new development.

2. Affordable housing production, preservation and protection, and stabilizing businesses to prevent displacement.

3. Parking management.

4. Transit station access and circulation.

Density for New Residential and Commercial Office Development The Policy does not require a jurisdiction to plan or zone specific parcels for a particular land use or density. Rather, a jurisdiction is required to meet zoning density and intensity standards where zoning allows new residential, office, or mixed-use development. The density requirements represent an average taken across the TOC area, and the required average densities are based on the area’s Transit Tier.

Affordable Housing Production, Preservation, and Protection Policies and Commercial Stabilization Policies
A jurisdiction will fulfill the Affordable Housing and Commercial Stabilization requirements by selecting from the menu of policy options that best meet local needs.

Parking Management
Parking management is a key complement to residential and commercial density increases that support higher transit ridership on the region’s existing and planned fixed-guideway transit investments.

The TOC Policy’s off-street parking standards do not supersede other applicable requirements for parking for people with disabilities that are required by the California Building Code, or other state or federal laws, or off-street parking for deliveries.

Station Access and Circulation
The TOC Policy includes four requirements related to station access and circulation; Morgan Hill currently meets the first three of the four requirements below:

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3 • Adopt a jurisdiction-wide Complete Streets Policy;
• Prioritize implementation of active transportation projects in TOC area; • Complete an access gap analysis and capital improvement program for station access; and
• Identify Mobility Hub planning and implementation opportunities in TOC area.

COMMUNITY ENGAGEMENT:

Collaborate
Opportunities to engage the community will occur during the development of the amended zoning densities and Floor Area Ratios, housing policies, amended parking requirements, and Station Access and Circulation Plan planning process. In addition, adoption of these amendments, policies, and plans will include noticed Planning Commission and City Council public hearings.

ALTERNATIVE ACTIONS:

The City Council could direct staff not to accept and execute the MTC TOC Planning and Implementation Grants. This would eliminate the opportunity for grant funding to be in compliance with the TOC Policy and would risk or hinder obtaining OBAG 4 funding.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

None.

FISCAL AND RESOURCE IMPACT:

To complete the grant application acceptance process, limited staff resources from the Development Services Department are required and are expected to be accommodated within the existing workplan. Costs associated with being in compliance with the MTC TOC Policy are expected to be fully covered by the grant in the amount of $1,150,000, in which consultants will be selected to prepare the work. MTC will procure a consultant for all work covered by the grant, except for the Housing TOC Policy Development grant (in the amount of $200,000), which will be on a reimbursement formula, meaning the City must front the costs and then submit expenses to MTC for reimbursement.

Advancing this work will help the City achieve compliance with MTC’s new TOC policies, which we are required in order to receive OBAG 4 funding. OBAG 4 funding will be from FY 2026/2027 through FY 2029/2030. Last year, the City received $3.9M for road improvements from OBAG funding.

CEQA (California Environmental Quality Act):

Statutory Exemption.

Pursuant to CEQA Guidelines Section 15262 a project involving only feasibility or

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3 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. The Environmental Impact Report (EIR) for the Morgan Hill 2035 General Plan was prepared in accordance with CEQA and certified by the Morgan Hill City Council on July 27, 2016 (SCH#2015022074).

Although the acceptance and execution of a grant award is exempt from CEQA, the future adoption of amended zoning densities and Floor Area Ratios, housing policies, amended parking requirements, and a Station Access and Circulation Plan may be subject to additional CEQA review.

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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL COMMITTING TO TAKE STEPS

TOWARD ACHIEVING COMPLIANCE WITH THE
METROPOLITAN TRANSPORTATION COMMISSION’S
(MTC'S) TRANSIT-ORIENTED COMMUNITIES (TOC)

POLICY AS A CONDITION FOR MTC TO ALLOCATE

REGIONAL DISCRETIONARY FUNDING TO THE

MORGAN HILL ZONING DENSITIES AND FLOOR

AREA RATIO TOC POLICY COMPLIANCE, THE

MORGAN HILL HOUSING TOC POLICY

DEVELOPMENT, THE MORGAN HILL PARKING

MANAGEMENT TOC POLICY COMPLIANCE, AND THE

MORGAN HILL STATION ACCESS AND CIRCULATION

TOC POLICY COMPLIANCE PROJECTS
WHEREAS, the Metropolitan Transportation Commission (MTC) adopted Resolution 4530, the TOC Policy; and
WHEREAS, the TOC Policy incentivizes local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixedguideway transit stops and stations to support the region’s transit investments and implement key greenhouse gas (GHG) reduction strategies from Plan Bay Area 2050; and WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation; and
WHEREAS, in 2023 MTC identified Morgan Hill Caltrain Station as Transit Service Tier 4 in the City of Morgan Hill; and
WHEREAS, MTC conditions the allocation of regional discretionary funding for fixedguideway transit extension projects on compliance with the TOC Policy; and WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and

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City of Morgan Hill
Resolution No. 25-XX

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WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing affordability, parking, and access/circulation); and
WHEREAS, on September 30, 2024, the MTC announced a Call for Projects for Transit Oriented Communities (TOC) Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024, deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy.

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

SECTION 1. The City Council submitted grant applications to MTC for $650,000.00 for Morgan Hill Zoning Densities and Floor Area Ratio TOC Policy Compliance; $200,000.00 for Morgan Hill Housing TOC Policy Development; $125,000.00 for Morgan Hill Parking Management TOC Policy Compliance; and $175,000.00 for Morgan Hill Station Access and Circulation TOC Policy Compliance in response to the MTC’s Call for TOC Planning and Implementation Projects.

SECTION 2. The City Council accepted a grant award from MTC for $650,000.00 for Morgan Hill Zoning Densities and Floor Area Ratio TOC Policy Compliance; $200,000.00 for Morgan Hill Housing TOC Policy Development; $125,000.00 for Morgan Hill Parking Management TOC Policy Compliance; and $175,000.00 for Morgan Hill Station Access and Circulation TOC Policy Compliance in response to the MTC’s Call for TOC Planning and Implementation Projects.

SECTION 3. The City Council commits to completing the associated Morgan Hill Zoning Densities and Floor Area Ratio TOC Policy Compliance, Morgan Hill Housing TOC Policy Development, Morgan Hill Parking Management TOC Policy Compliance, and Morgan Hill Station Access and Circulation TOC Policy Compliance work scopes following an MTC grant award by applying for these funds.

SECTION 4. The City Council intends to adopt relevant plans, policies or zoning updates emerging from the work completed through the Morgan Hill Zoning Densities and Floor Area Ratio TOC Policy Compliance, Morgan Hill Housing TOC Policy Development, Morgan Hill Parking Management TOC Policy Compliance, and Morgan Hill Station Access and Circulation TOC Policy Compliance grants to comply with the TOC Policy Density for New Residential and Commercial Office Development, Affordable Housing Production, Preservation, and Protection, Parking Management, and Station Access and Circulation requirements.

SECTION 5. The City Manager or designee is authorized to execute the City of Morgan Hill MTC TOC Planning and Implementation Grants application, the MTC TOC Planning and Implementation Grants documents, and any amendments thereto on

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behalf of the City as required by MTC for receipt of the MTC TOC Planning and Implementation Grants.

PASSED AND ADOPTED THIS 21st DAY OF MAY 2025, AT A REGULAR MEETING OF THE CITY COUNCIL BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
________________________ ______________________________ MARK TUNER, Mayor MICHELLE BIGELOW, City Clerk

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City of Morgan Hill
Resolution No. 25-XX

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 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 25-xxx, adopted by the City Council at its regular meeting held on May 21, 2025.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ Michelle Bigelow, CITY CLERK

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4 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Nolen Ugalde, Assistant Engineer
APPROVED BY: City Manager
ADOPT A RESOLUTION APPROVING FY 2025-26 LIST OF STREET
REHABILITATION PROJECTS FUNDED BY SENATE BILL (SB) 1: THE

ROAD REPAIR AND ACCOUNTABILITY ACT

RECOMMENDATION(S)
Adopt a resolution approving a list of street rehabilitation projects for Fiscal Year 2025- 26 funded by SB1, the Road Repair and Accountability Act of 2017.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

SB1, also known as the Road Repair and Accountability Act of 2017, established a tax that formed the Road Maintenance and Rehabilitation Account (RMRA). The RMRA is intended to fund basic road maintenance and rehabilitation needs on the local street and road systems within the State. Prior to receiving RMRA funds for the Fiscal Year (FY) 2025-26, the City must submit a list of projects proposed to be funded with RMRA funds, adopted by resolution, to the California Transportation Commission (CTC) by July 1, 2025. The list of projects proposed to be funded must include a description and the location of each proposed project, a proposed project schedule, and the estimated useful life of the improvement (Streets and Highways Code Section 2034(a)). This will be the ninth year the City has been receiving SB1 funding allocations, and the City is continuing to prioritize these funds towards the repair of the City’s arterial and collector roadways, while beginning the process of repairing the worst residential streets in the City.

To ensure that the City is eligible for FY 2025-26 SB1 RMRA funding, the proposed

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4 resolution (Attachment 1) identifies the City Street locations to be funded by the FY2025-26 SB1 RMRA funds. These streets include all of the project streets for the 2025 Pavement Rehabilitation Project to ensure full utilization of the FY 2025-26 funding.

The 2025 Pavement Rehabilitation Project is on the City Council agenda for project award for May 21, 2025. This project has a construction schedule starting this summer and will include pavement rehabilitation and maintenance treatments for the following streets:

1.) Llagas Road from the City/County limit to Glen Ayre Drive, 2.) East Main Avenue from Condit Road to the City/County Limit, 3.) Tilton Avenue from Hale Avenue to Dougherty Avenue, and the streets within the Woodland Acres subdivision, including 4.) Woodland Avenue, 5.) Woodland Court, 6.) Rolling Hills Drive, 7.) Greenwood Avenue,

8.) Rocky Ridge Road, and 9.) Black Oak Court
The proposed resolution is expected to fulfill CTC’s requirement that the City Council adopt, via resolution, a list of projects proposed for the next fiscal year’s SB1 RMRA funds and meets the intention of prioritizing these funds for basic road maintenance and rehabilitation projects, and on critical safety projects.

COMMUNITY ENGAGEMENT:

Inform
City staff are working on a significant communication planning effort to be implemented ahead of the work, which is planned to occur during the summer months. The City has developed a page dedicated to pavement rehabilitation on the City's website that outlines long term planning for pavement rehabilitation. The webpage is available at Pavement Rehab & Street Cut Moratorium | City of Morgan Hill, CA - Official Website ALTERNATIVE ACTIONS:

The City Council could direct staff to submit a funding request for an alternative project.

However, SB1 funds are only allowed to be used for pavement maintenance.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 15, 2024, City Council adopted Resolution No. 24-016 adopting a list of projects for Fiscal Year 2024-2025 funded by SB1: The Road Repair and Accountability Act of 2017.

On June 19, 2024, City Council adopted the FY 2024-25 through FY 2029-30 Capital Improvement Budget.

On April 2, 2025, the City Council received the Pavement Condition Update and Pavement Rehabilitation Planning update.

FISCAL AND RESOURCE IMPACT:

The FY 2025-26 SB1 RMRA projected revenue of $1,216,967 will be included as a revenue source for Fund 308 (Street CIP) in the City's CIP under the Pavement

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4 Rehabilitation Program (Project No. SR5004) as part of the FY 2025-26 project 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.

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RESOLUTION NO. 25-0__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2025-2026 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,216,967 in RMRA funding in Fiscal Year 2025-2026 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate E Main Avenue from Condit Road to the City Limit, one of the City’s arterial roads, Llagas Road from Glen Ayre Drive to the City Limit and Tilton Avenue from Hale Avenue to Dougherty Avenue, two of the City’s collector roads, and Woodland Avenue, Woodland Court, Rolling Hills Drive, Greenwood Avenue, Rocky Ridge Road, and Black Oak Court, six of the City’s residential/local roads throughout the City this year and multiple similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found

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City of Morgan Hill
Resolution No. 25-00_

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that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an “excellent” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

SECTION 1: The foregoing recitals are true and correct.

SECTION 2: The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025-2026 Road Maintenance and Rehabilitation Account revenues:

Project Title: 2025 Pavement Rehabilitation Project
Project Description: 2” Pavement Mill and Fill, 3” Pavement Mill and Fill, 4” Pavement Mill and Fill, Full Depth Asphalt Concrete Pavement Repairs, ADA Curb Ramp Upgrade, Removal and Replacement of Existing Asphalt Concrete Curb, Crack Sealing, Vehicle Detector Loop Replacements, Replacement of all Existing Traffic Delineation and Markings, Replacement of Existing Flexible Bikelane Separator Posts, Utility Cover Adjustments, and all related work on various streets within the City Limits.

Project Location: 1.) Llagas Road from the City/County limit to Glen Ayre Drive, 2.) East Main Avenue from Condit Road to the City/County Limit, 3.) Tilton Avenue from Hale Avenue to Dougherty Avenue, and the streets within the Woodland Acres subdivision, including 4.) Woodland Avenue, 5.) Woodland Court, 6.) Rolling Hills Drive, 7.) Greenwood Avenue, 8.) Rocky Ridge Road, and 9.) Black Oak Court
Estimated Project Schedule: Start (06/25)– Completion (12/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: The City’s Pavement Management System estimates a new useful life of 20 years for these roadways.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 21st day of May 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:

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City of Morgan Hill
Resolution No. 25-00_

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____________________________ ________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 25-00_ adopted by the City Council at the meeting held on May 21, 2025.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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5 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Nolen Ugalde, Assistant Engineer
APPROVED BY: City Manager

ADOPT A RESOLUTION TO REQUEST THE METROPOLITAN

TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL
YEAR 2025-2026 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT FUNDING

RECOMMENDATION(S)

1. Authorize staff to prepare and submit a Transportation Development Act Article 3 Pedestrian Improvement Project grant application to the Santa Clara Valley Transportation Authority for implementation of the Monterey Road High-Intensity Activated Crosswalk Beacon Project; and

2. Adopt a resolution to request the Metropolitan Transportation Commission for the allocation of fiscal year 2025-2026 Transportation Development Act Article 3 Pedestrian/Bicycle project funding.

On March 6, 2025, the Valley Transportation Authority (VTA) released a Call for Projects for Transportation Development Act Article 3 funds for the Fiscal Year (FY) 2025-26 funding cycle. The Transportation Development Act (TDA), Public Utilities Code Sections 99233.3 and 99234, makes funds available in the nine-county MTC Region for the exclusive use of pedestrian and bicycle projects. The City has “banked” the last several cycles of TDA Article 3 allocations and will have $317,675 in TDA Article

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5 3 funds available in FY2025-26. Eligible claimants are allowed to bank funds for up to four years plus one year to program funds. If banked funds are not programmed by the end of the fifth year, they will be redistributed to the Countywide TDA Article 3 pool for the following fiscal year. If the City is not able to program these available funds by this upcoming cycle, the City’s banked funds will begin to be redistributed to the Countywide TDA Article 3 pool.

Aside from adopting the attached resolution and authorizing the submittal of the TDA Article 3 Pedestrian Improvement Project grant application to the Santa Clara Valley Transportation (Attachment 1 & 2), another requirement to be eligible to claim TDA funds is that the project be reviewed by a Bicycle, Pedestrian Advisory Committee (BPAC) or equivalent. On April 15, 2025, staff presented the HAWK project to the Parks and Recreation Commission, as the Commission is responsible to serve in the role of the City’s Bicycle and Trails advisory Committee. The Commission reviewed the project and recommended staff proceed with the application and project. Therefore, staff recommends using the available TDA funds on the Monterey Road High-Intensity Activated Crosswalk Beacon Project (HAWK Project). This project was identified in the Transportation Master Plan (TMP) update (adopted by City Council in December 2024) and would be an upgrade to the existing uncontrolled pedestrian crossing. The HAWK Project proposes to install a HAWK signal to provide a controlled, protected pedestrian crossing on Monterey Road between West Central Avenue and Keystone Avenue (Attachment 3 - Conceptual Site Plan and Attachment 4 - Site Map).

COMMUNITY ENGAGEMENT:

Inform / Involve
Significant community engagement was conducted as part of the Transportation Master Plan. Staff will continue to communicate with Britton Middle School and Morgan Hill Unified School District regarding the final design and construction of this project.

ALTERNATIVE ACTIONS:

The City Council could direct staff to submit a request to MTC for a different project.

However, preparing a different request, and having the request reviewed by the City’s Parks and Recreation Commission could lead to the City missing the deadline for request submittal, resulting in a portion of the City’s allocation being redistributed to the Countywide pool.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On December 4, 2024, the City Council reviewed and approved the Transportation Master Plan.

On April 15, 2025, the Parks and Recreation Commission reviewed the HAWK project and recommended the City Council to adopt the resolution to request MTC to allocate FY2025-26 funds for the HAWK project.

FISCAL AND RESOURCE IMPACT:

The City intends on utilizing the total $317,675 of allocated TDA Article 3 funds on the

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5 construction phase of the HAWK project. Construction costs for the project are estimated to be about $400,000 - $450,000. Project No. SR5005 is in the currently approved Capital Improvement Program and can supplement some additional costs from Funding Source F346-Public Facilities Fund.

CEQA (California Environmental Quality Act):

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RESOLUTION NO. 25-0__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL REQUESTING TO THE

METROPOLITAN TRANSPORTATION COMMISSION
FOR THE ALLOCATION OF FISCAL YEAR 2025-2026
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Morgan Hill desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it

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

RESOLVED, that the City of Morgan Hill declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Morgan HIll to carry out the project; and furthermore, be it RESOLVED, that the City of Morgan Hill attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may

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City of Morgan Hill
Resolution No. 25-00_

Page 2 of 2 ends

be, of the County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 21st day of May 2025 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
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 25-00_ adopted by the City Council at the meeting held on May 21, 2025.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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MTC, November 2022 TDA Article 3 Model Resolution Page 1 Resolution No. 25-0__
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2025 - 2026 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

Page 1 of 1 ends

1. That the City of Morgan Hill is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Morgan Hill legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Morgan Hill has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Morgan Hill within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of Morgan Hill agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

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November 2022 TDA Article 3 Model Resolution Page 2
Resolution No. 25-0__ page ___ of ___
Attachment B
TDA Article 3 Project Application Form

1. Agency City of Morgan Hill

2. Primary Contact Nolen Ugalde

3. Mailing Address 17575 Peak Avenue, Morgan Hill, CA 95037

4. Email Address [email protected] 5. Phone Number
408-413-3568

6. Secondary Contact
(in the event
primary is not
available)
Kristian Wallace

7. Mailing address (if
different) N/A☐
17575 Peak Avenue, Morgan Hill, CA 95037

8. Email Address [email protected] 9. Phone Number
408.778.6480

10. Send allocation
instructions to (if
different from
above):

Nolen Ugalde (Primary Contact)

11. Project Title Monterey Road High-Intensity Activated Crosswalk Beacon Project

12. Amount requested $317,675 13. Fiscal Year of
Claim
2025-2026

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Installation of pedestrian traffic control devices, such as a High-Intensity Activated Crosswalk Beacon (HAWK) signal, to create a controlled, midblock crossing on Monterey Road, between W. Central Avenue and Keystone Avenue, in front of Britton Middle School, as identified in the City of Morgan Hill’s Transportation Master Plan, adopted 2024. This crossing would replace the existing, RRFB enhanced crossing at W. Central Avenue.

Construction only
See attached.

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November 2022 TDA Article 3 Model Resolution Page 3
Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation).

The Project was reviewed by the City’s assigned BPAC, the Parks and Recreation Commission on April 15, 2025.

B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
Project was approved in the City’s Transportation Master Plan, adopted December 2024 C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): December 2026 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☒ No☐ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach Project Phase TDA 3 Other Funds Total Cost
Estimated Completion
(month/year)
Bike/Ped Plan n/a
ENV n/a
PA&ED n/a
PS&E 50,000 50,000 December 2025
ROW n/a
CON 317,675 100,000 417,675 December 2026
Total Cost 317,675 150,000 467,675

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November 2022 TDA Article 3 Model Resolution Page 4
the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets

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TDA Article 3 Claim Applications Appendix A Page 1

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X (x)
X X X

X X X X X X

X X X X
X X
X
X
X
X
X X
X X
X
X
X
(ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (ss) (w) (w) (w) (w) (w) (w) (w) (w) (w) (w) (w) (w) (w) (w) (w) (w) (ss) (ss) (t)
(t)
(t)
(w) (w) (w) (w) (w) (w) (w) (w)
(sd) (sd) (sd) (sd) (sd) (sd)
(sd) (sd) (sd) (sd)
(SS) (SS)
(SS)
(oh) (e) (oh) (e) (oh) (e) (oh) (e) (oh) (e) (oh) (e) XING SCHOOL SLOW XING SCHOOL SLOW XING SCHOOL SLOW XING SCHOOL SLOW

SIG SIG SIG SIG SIG SIG SIG SIG SIG

SIG SIG SIG SIG SIG SIG SIG
53+00 54+00 55+00 56+00 57+00 58+00 59+00 W. Central Ave. 30'
10'
40'
(N) Controller Cabinet
(N) HAWK Signal Pole
(N) HAWK Signal Pole
(N) Pole
250'
250'
(N) Curb
(N) Curb and Gutter
(N) Curb Ramp
(N) Curb Ramp
Raised Median as installed with Monterey Corridor Safety and Rehabilitation Project (N) Curb remove (e) crosswalk striping
remove (e) crub ramp
remove (e) RRFB pole
remove (e) RRFB pole
remove (e) RRFB pole
remove (e) curb ramp
remove (e)
crosswalk striping remove (e) yield striping, typical
(N) Raised Median (N) High-Visibility Crosswalk
(N) High-Visibility Crosswalk
(N) Conduit
(N) Conduit remove (e) striping
remove (e) speed feedback sign and flashing beacon
(e) curb and gutter
(e) curb
See Detail B below
See Detail A Below
Monterey Road
Keystone Ave.

APN 764-15-001
Britton Middle School
80 W. Central Ave
APN 726-23-014
17698 Monterey Road APN 726-23-020
APN 726-23-012
17680 Monterey Road
APN 726-23-011
17660 Monterey Road
APN 726-23-010
17650 Monterey Road
APN 726-23-009
17630 Monterey Road
North SCALE: 1"=20'
010203040
(w) (w) (w)
(oh) (e) (oh)

SIG SIG

14.78' 10' 14.77'
R=10'
R=5' R=5'
R=10' 6' 8.55' 5'
North
(N) HAWK Signal Pole
(e) curb to be removed
(w) (w)
(w) SIG

SIG SIG
R=10'
R=5'
R=10'

14.88' 10.18' 15.03' 5'
6' 8.83'
R=5'
(N) HAWK Signal Pole
(e) curb and gutter
to be removed
North
FILE NO.

PLAN SET:

DRAWING:

REVISIONS
NO. DESCRIPTION DATE BY
N:\PROJECTS\CIP\STREETS\SR5005 Britton HAWK\CAD\Conceptual Site Plan.dwg MORGAN HILL CALIFORNIA - 4/14/2025 10:06 AM - Plotted 4/14/2025 10:07 AM by Kristian Wallace WORK ACCEPTED: INSPECTOR: DRAWN: CHECKED:

APPROVED:

DESIGN: DATE:HOR.

VERT.

JOB NO.

EXP. DATE 06-30-2025 CITY ENGINEERRCE 58879
Scott C. Creer
DATE: BY: DATE:

Xrefs: 2d existing; OBAG3 2D New; Aerial Image; 2D New
Engineering & Utilities
City of Morgan Hill

CITY OF MORGAN HILL
17575 PEAK AVE. MORGAN HILL, CA 95037
(408) 776-6480 FAX (408) 779-7236 OF
Monterey Rd. High-Intensity Activated Crosswalk
Monterey Rd. High-Intensity Activated Crosswalk
Conceptual Site Plan
Conceptual Site Plan
4/14/25
KW KW 1" = 20' SR5005
N/A
SR5005
YC
1 1
Detail B
Scale: 1" = 10'
(N) Controller Cabinet
(N) Curb Ramp
Detail A
Scale: 1" = 10'
High-Visibility Crosswalk Detail
Scale: none
10' 24"
24"
12" 12"

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6 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Charlie Ha, Supervising Civil Engineer
APPROVED BY: City Manager

ADOPT A RESOLUTION DECLARING THE SUMMARY VACATION OF

A PORTION OF A PUBLIC SERVICE AND LANDSCAPE EASEMENT AT 250 JARVIS DRIVE (APN 726-25-095)

RECOMMENDATION(S)

1. Adopt a Resolution declaring the Summary Vacation of a portion of a Public Service and Landscape Easement at 250 Jarvis Drive (APN 726-25-095); and

2. Direct the City Clerk to file a certified copy of the Resolution in the Office of the Recorder of Santa Clara County.

COUNCIL PRIORITIES, GOALS & STRATEGIES
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Located at 250 Jarvis Drive, the Vida Apartments, formerly known as the Butterfield Village development project, consist of 389 apartment units (see attached Site Map). As required by the Butterfield Village project's conditions of approval, a portion of the Public Service and Landscape Easement is to be vacated along the Jarvis Drive frontage as shown in the attached, proposed Resolution.

This portion of the Public Service and Landscape Easement has not been used for the purpose for which it was dedicated since the original subdivision map was recorded in May 29, 2002.

Staff have requested all eligible public utility companies to declare their position on this summary vacation application and staff did not receive any opposition to the requested Public Service and Landscape Easement vacation.

The portion of the Public Service and Landscape Easement described in the proposed resolution is not required for present or prospective public use. This vacation is being processed under the Summary Vacation procedure as outlined in the Streets and Highways Code Division 9, Part 3, Chapter 4, Section 8330, et seq.

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6 COMMUNITY ENGAGEMENT:

This report serves to inform the community of the proposed Summary Vacation of the Public Service and Landscape Easement at 250 Jarvis Drive.

ALTERNATIVE ACTIONS:

There are no feasible alternative actions.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On March 2, 2022, the City Council approved an Improvement Agreement for the Butterfield Village Project.

FISCAL AND RESOURCE IMPACT:

The review cost for this vacation application is paid from development processing fees.

CEQA (California Environmental Quality Act):

Not a Project
Does not have the potential to cause direct or indirect environmental impacts.

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RECORDING REQUESTED BY:

CITY OF MORGAN HILL
WHEN RECORDED MAIL DOCUMEN TO:

CITY CLERK

CITY OF MORGAN HILL
17575 PEAK AVENUE
MORGAN HILL, CA 95037

RECORD AT NO FEE
PER GOVERNMENT CODE SECTION 6103 & 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
RESOLUTION NO.________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL DECLARING ITS SUMMARY

VACATION OF A PORTION OF A PUBLC SERVICE AND
LANDSCAPE EASEMENT AT 250 JARVIS DRIVE (APN
726-25-095)

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RESOLUTION NO._____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL DECLARING ITS SUMMARY

VACATION OF A PORTION OF A PUBLIC SERVICE AND
LANDSCAPE EASEMENT AT 250 JARVIS DRIVE (APN
726-25-095)
WHEREAS, pursuant to the provisions of the California Streets and Highways Code, Section 8330 et seq., the City Council may summarily vacate public easements; WHEREAS, pursuant to the provisions of Section 8333(a), the City Council may summarily vacate a public easement if the easement has not been used for the purpose for which it was dedicated;
WHEREAS, the City Engineer of the City of Morgan Hill has recommended that the hereinafter described property presently held for public purposes is unnecessary for present or prospective municipal purposes;

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

SECTION 1: The City Council of the City of Morgan Hill hereby finds from all evidence submitted that the portion of the Public Service and Landscape Easement at 250 Jarvis Drive, as fully described in “Exhibits A” and “B”, is unnecessary for present or prospective public purposes, and is hereby vacated.

SECTION 2: The order of vacation of a portion of Public Service and Landscape Easement conforms to California Streets and Highways Code, Section 8333(a) as follows: the portion of public easement has not been used for the purpose of which it was dedicated.

SECTION 3: All concerned utility companies have been notified in writing of the proposed summary vacation and no opposition was received.

SECTION 4: From and after the date this Resolution is recorded, the portion of Public Service and Landscape Easement described here as vacated will no longer constitute a Public Service and Landscape Easement.

SECTION 5: The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by said Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment or further proof in the Office of the Recorder of Santa Clara County. No fees shall be charged for recordation.

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PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the _______________ day of __________________, 2025 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
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. ________, adopted by the City Council at the meeting held on ___________________________, 2025.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

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7 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Nolen Ugalde, Assistant Engineer
APPROVED BY: City Manager

APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND

ADMINISTER A CONSULTANT AGREEMENT FOR DESIGN

PROFESSIONALS WITH KIMLEY-HORN & ASSOCIATES TO PROVIDE

CONCEPTUAL DESIGN OF ROUNDABOUT INTERSECTION

IMPROVEMENTS AT WATSONVILLE ROAD AND SUNNYSIDE

AVENUE/SANTA TERESA BOULEVARD

RECOMMENDATION(S)
Approve and authorize the City Manager to execute and administer a Consultant Agreement for Design Professionals with Kimley-Horn & Associates for the conceptual design of Roundabout Intersection Improvements at the intersection of Watsonville Road and Sunnyside Avenue/Santa Teresa Boulevard in the amount of $175,096.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
2024-2025 Strategic Priorities
Fiscal Sustainability
Healthy Community
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
Morgan Hill 2035 General Plan
Vision Zero
Transportation Master Plan
REPORT NARRATIVE:

The intersection of Watsonville Road and Sunnyside Avenue/Santa Teresa Boulevard is currently an all-way controlled stop and is at the border between the City and the County of Santa Clara. This intersection has been identified in the City’s General Plan and Capital Improvement Program as a location for the construction of a new traffic signal along with other intersection improvements. A plan line studying the extension of Hale Avenue from Main Avenue to Watsonville Road was completed in 2017 and identified the need for an overall widening of Santa Teresa Boulevard/Sunnyside

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7 Avenue. Additionally, the City’s recently adopted Transportation Master Plan (2024) has studied the intersection for the installation of a roundabout in lieu of traffic signal.

On March 7, 2025, staff issued a Request for Proposals (RFP) for design services for intersection improvements at Watsonville Road and Sunnyside/Santa Teresa Boulevard to provide the City with conceptual designs for the construction of a roundabout (Project). The City received two proposals by the due date of April 4, 2025. The proposals were evaluated by a three-member selection committee using the following criteria: 1) Firm Qualifications; 2) Understanding and Meeting RFP Objectives; 3) Other Factors. Below is a summary of the scores:

Firm Firm
Qualifications
(30)
Understanding and
Meeting RFP
Objectives (30)
Other
Factors
(30)
Total (90)
Kimley-Horn & Associates 26 26 25 77
DEENSCORP 27 27 26 80
The proposals submitted by Kimley-Horn & Associates and DEENSCORP demonstrated to the selection committee that both firms were qualified to provide the requested design services. However, upon review of the fee proposals, the number of hours estimated by DEENSCORP to provide the conceptual roundabout design was nearly triple the number of hours estimated by Kimley-Horn & Associates, which resulted in the fee proposal from DEENSCORP being more than double that of the fee proposal from Kimley-Horn & Associates. See below for a summary of hours and proposed fees:

Firm Estimated Hours Total Fee
Proposal
Kimley-Horn & Associates 574 $175,096.00
DEENSCORP 1410 $398,838.62
Due to the two firms' similar scoring and in order to be cost-effective, staff recommends approving a contract with Kimley-Horn & Associates for the conceptual design of the roundabout.

COMMUNITY ENGAGEMENT:

Inform / Involve
Significant community engagement was conducted as part of the Transportation Master Plan (2024).

ALTERNATIVE ACTIONS:

The City Council could choose to not authorize the City Manager to execute a contract with Kimley-Horn and either direct City Manager to execute a contract with DEENSCORP or could direct staff to reissue the Request for Proposals. However, a competitive Request for Proposals process was already performed, and there is a chance that the City would not receive proposals from a more qualified group of

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7 consultants.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On August 23, 2017, City Council adopted a Resolution adopting an official plan line for the Hale Avenue extension and Santa Teresa Corridor Widening and realignment project.

On December 4, 2024, the City Council reviewed and approved the Transportation Master Plan.

FISCAL AND RESOURCE IMPACT:

Project No. SR5003, Traffic Signal and Intersections Improvements Project, is in the currently approved Capital Improvement Program. $175,096 of Funding Source F309 – Traffic Impact Fund, would be used for this contract.

CEQA (California Environmental Quality Act):

The CEQA requirement will be further studied through this contract. The final CEQA determination will be addressed prior to the final design.

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CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS
KIMLEY-HORN AND ASSOCIATES, INC.

THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and KimleyHorn and Associates Inc. a North Carolina corporation ("CONSULTANT") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on _____________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until December 31, 2026 at which time CONSULTANT’S services shall be completed.

The City Manager is authorized to extend the term of this Agreement provided the compensation does not exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by CONSULTANT shall be Conceptual Design of Intersection Improvements at Watsonville Road and Sunnyside Avenue/Santa Teresa Boulevard as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $175,096. Total compensation to CONSULTANT under this Agreement during its initial term set forth in Section 2 above shall not exceed One Hundred Seventy Five Thousand Ninety Six dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement, and provided further that in no event shall such maximum compensation allowed for the term exceed the City Manager's authority pursuant to Chapter 3.04 of the Morgan Hill Municipal Code, unless otherwise authorized by City Council.

4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

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5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify CONSULTANT of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT’S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY'S City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT’S equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY'S City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT’S sole risk.

7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY.

7.1. Insurance Types and Amounts.

7.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S Docusign Envelope ID: D619570D-771B-42D4-A99D-286A4DA0CE61

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combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.3. Workers’ Compensation Insurance and Employer’s Liability. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If CONSULTANT is selfinsured, CONSULTANT shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

7.1.4. Pollution (Environmental) Liability. If the performance of CONSULTANT’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.5. Professional Liability.

7.1.5.1. If the performance of CONSULTANT’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if CONSULTANT maintains a claims-made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement.

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7.1.5.2. If the performance of CONSULTANT’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of CONSULTANT’S work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

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

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

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

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

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

01. 7.2.2. Workers Compensation.

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

7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M.

Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

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7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’S agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

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

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

9. Compliance with Law.

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

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

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

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

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE Docusign Envelope ID: D619570D-771B-42D4-A99D-286A4DA0CE61

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MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision, or order.

CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.

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

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

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

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

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

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement including, without limitation, complying with California Government Code section 1090 et seq., the California Political Reform Act (California Government Code section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et seq.). CONSULTANT will further comply, and will ensure that its agents and its subcontractors comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8).

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

Address of CONSULTANT is as follows:

Kimley-Horn and Associates, Inc
10 S Almaden Blvd, Suite 1250
San Jose, CA 95113
Address of CITY is as follows:

Nolen Ugalde
Assistant Engineer
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

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

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

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

16. Maintenance of Records.

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

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

16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

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17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

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

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

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

21. Defense and Indemnification.

21.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.

21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

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

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

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

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

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

23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

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

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

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

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

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

29. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

30. Counterpart Signatures. This Agreement may be signed in multiple counterparts, which shall, when executed by all the parties, constitute a single binding agreement. ///
///
[Signatures on Next Page]
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31. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

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

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

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

APPROVED AS TO FORM: KIMLEY-HORN AND ASSOCIATES, INC.

Donald A. Larkin
City Attorney By:

Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or Vice
President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
U:\Legal Forms\Consultant Agreements\City Services Agreement For Design Professionals.Docx Docusign Envelope ID: D619570D-771B-42D4-A99D-286A4DA0CE61 Sr. Vice President Matthew Weir
5/16/2025

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EXHIBIT A

SCOPE OF SERVICES
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City of Morgan Hill ▪ RSCASACR006836.2025
“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
Scope of Work
Task 1: Project Management and Coordination
Sub-Task 1.1 Project Coordination (Internal & External) The Kimley-Horn project manager and task managers will supervise, coordinate, and monitor planning and design of the project for conformance with standards and policies established at the beginning of the project. Kimley-Horn will coordinate with the City and other stakeholders, and with various planning and design functional groups and subconsultants.

Sub-Task 1.2 Meetings and Schedule
The Kimley-Horn team will schedule and facilitate a kick-off meeting to discuss the project scope of work, schedule, budget, requests for pertinent City-owned documentation, and an understanding of communication lines, proposed project approach, and potential design challenges. Kimley-Horn will provide a meeting agenda. During the kickoff meeting, KimleyHorn and the City will agree on the appropriate regulatory agencies, utility owners, and local stakeholders needed to coordinate with. Following the meeting, Kimley-Horn will prepare and provide meeting minutes.

Kimley-Horn will attend meetings with City staff (virtually) to discuss project status, design coordination, and other critical issues throughout the project development, with attendance from up to 2 Kimley-Horn staff at each meeting. On an as-needed basis, Kimley-Horn staff will attend up to three City meetings to facilitate the advancement of the project and discuss comments from submittal reviews.

The Kimley-Horn team will work with the City to develop an agreed upon project schedule for all submittals and giving the City sufficient review time at each submittal. Kimley-Horn will update the project schedule for each milestone listed above and at progress meetings with the City. The project schedule will be prepared in Gantt Chart format, utilizing Microsoft project software.

This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of services. Times for performance shall be extended, as necessary, for delays or suspensions due to circumstances that Kimley-Horn does not control.

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“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
Sub-Task 1.3 Project Administration
The Kimley-Horn team will provide administration efforts as follows: work plan, processing monthly invoices, and preparing monthly progress reports. Invoices will be prepared in a format acceptable to the City. Monthly progress reports will be prepared with each invoice and will include a summary of the effort performed that month, including on-going efforts and deliverables.

Task 2: Data Collection
Sub-Task 1.4 Quality Assurance/Quality Control
Kimley-Horn will perform an in-house QA/QC review of each deliverable prior to submitting to the City for each submittal. Kimley-Horn’s quality control review for each submittal will include an interdisciplinary review of the entire design package for coordination among the various design elements. The different project sheets will present the design in a common manner with no contradictions or variances. The QC review will be done digitally using Bluebeam REVU software.

Sub-Task 2.1 Gather Existing Information
Kimley-Horn will request existing information from the client, which includes as-built plans, utility contact list, right-of-way maps, ongoing projects in the project area, GIS or topographic information, accident and traffic data, current standard details and specifications, engineering reports, and any existing maintenance agreements. This information will be incorporated into the base map in our drawings.

Sub-Task 2.2 Utility Coordination
Kimley-Horn will document utility contact information provided by the client in the previous subtask. Kimley-Horn will prepare a utility authorization letter to act on behalf of the client in the utility coordination process, and this assumes the Client will sign and place on Client letterhead.

Kimley-Horn will prepare a USA 811 design stage ticket to get existing utility purveyors in the area. Kimley-Horn will prepare Utility “A” letters, requesting existing record maps and utility information to incorporate into the base map.

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City of Morgan Hill ▪ RSCASACR006836.2025
“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
Sub-Task 2.3 Site Visits and Field Investigation
The Kimley-Horn team will conduct field visits with the City to support the preliminary engineering design, right-of-way information, and utility coordination. We assume (1) site visit with 3 members of the Kimley-Horn team.

Sub-Task 2.4 Topographic Survey
Kimley-Horn’s subconsultant, UNICO, will establish horizontal and vertical control derived from local jurisdictional approved NAD83, California State Plane Coordinates and NAVD88 benchmarks. UNICO will perform design level (non-aerial) topographic surveying and base mapping along the project limits. The limits are centered at the proposed roundabout location at the intersection of Watsonville Road and Sunnyside Avenue/Santa Teresa Boulevard and will extend approximately 700 feet along each leg of the intersection in each direction. The width of the survey will cover the full right of way and approximately 25 feet beyond where accessible and sufficient for roundabout alternatives at the intersection. The ground survey will include, but not be limited to the following: curbs, gutters, sidewalks, edge of pavement (or road), walls, structures, fences, poles, signs, signals, cabinets, driveways, trees, landscaping, ditches, culverts, grade breaks, striping and markings, storm drain structures or inlets, sanitary sewer manholes, cleanouts, water valves, meters, fire hydrants, gas valves and all visible
underground and overhead facilities within the project limits. UNICO will perform measure downs to all sewer and storm drain facilities to include pipe size, invert elevation and flow direction. Roadway cross-sections will be taken at 50’ intervals or closer and will include all grade breaks, center crown, quarter crown, change in directions and curve points. UNICO will set durable control points along the project corridor for future surveys and construction control. UNICO will perform base mapping of all topographic information to include planimetrics, 1’ contours and digital 3D surface. All topographic data will be downloaded, processed and
reviewed by UNICO staff for internal quality assurance. The topographic data will be mapped in Civil 3D AutoCAD, including a digital terrain model (DTM) in an XML file and 3D surface model. UNICO will provide a best available ortho-rectified image as a visual aid along the project limits.

Sub-Task 2.5 Boundary and Right of Way Surveys
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“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
UNICO will attain current right of way maps, deeds, record of surveys, parcel maps, subdivision maps, corner records and other relevant mapping information along the project corridor to determine the right of way and adjacent parcel boundaries. A right of way and boundary base map will be prepared to assist with searching for monuments and right of way boundaries. GPS and conventional surveys will be performed to locate right of way monuments, pins, pipes, wells and other boundary markers necessary to resolve and map the right of way and relevant adjoining parcels. An overall (LAND NET) base map will be prepared as the basis of the right of way and parcel boundaries that will include road and parcel information. The boundaries and right of way map will be prepared from readily available record information. To fully discern right of way, easement and other property constraints, title reports may be necessary to fully resolve property and right of way boundaries. UNICO will purchase up to four (4) title reports of those certain properties which may be affected by the project or where record information is incomplete to determine the right of way.

Deliverable:
➢ Right of Way and Boundary Base Map
➢ Maps, Deeds and other Boundary Documents
➢ Title Reports (4)
Sub-Task 2.6 Plats and Legal Descriptions
UNICO will prepare plats and legal descriptions as needed. It is estimated that two (2) properties will be impacted by the project. UNICO will prepare plats and legal descriptions for 2 properties for right of way acquisition and temporary construction easements (TCE).

The exact locations will be better understood during design. UNICO will prepare a total of four (4) plats and legal descriptions, being a right of way acquisition and TCE for each of the 2 properties. UNICO
will prepare preliminary plats, legal descriptions and closure calculations. Upon approval, UNICO will prepare signed and stamped plats and legal descriptions.

Task 3: Preliminary Engineering Studies and Outreach
Sub-Task 3.1 CEQA Documentation
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City of Morgan Hill ▪ RSCASACR006836.2025
“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
Kimley-Horn will complete a CEQA Categorical Exemption and supporting memorandum to obtain environmental clearance for the Project. This scope anticipates that the Project would have no impacts on the environment, and it would qualify for a Categorical Exemption under State CEQA Guideline Section 15301(c) Existing Facilities. This Section applies to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to, bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes.

Kimley-Horn believes that use of a Categorical Exemption would avoid the need to prepare an Initial Study/Mitigated Negative Declaration (IS/MND) or other more involved CEQA document.

Sub-Task 3.2 Stormwater Mitigation Documentation
We will prepare a stormwater treatment assessment to evaluate the project against the Central Coast Regional Water Quality Control Board, and the Stormwater C.3 Guidebook.

This memo will determine if the project is a Regulated Project and cite the specific project section that regulates the project. The memo will determine key performance measures for the project, based on project location and regulated project criteria. Kimley-Horn will submit a draft memo to City for review. Based on the comments received, Kimley-Horn will prepare a final version of the memorandum.

Sub-Task 3.3 Permitting
The Kimley-Horn team will review the necessary permits needed during the conceptual design and data gathering portion of the project. These permits will include City of Morgan Hill, the County of Santa Clara, and will compile a list of required State, Local and Federal permits for the construction of the roundabout.

Sub-Task 3.4 Public Engagement
The Kimley-Horn team will participate in two public engagement events, which will be planned by the City. This task will include presenting the conceptual roundabout design to the community in an in-person public engagement meeting. This work will include colorizing the roundabout strip map, preparing a meeting presentation, and assisting with the Docusign Envelope ID: D619570D-771B-42D4-A99D-286A4DA0CE61

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City of Morgan Hill ▪ RSCASACR006836.2025
“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
presentation. We assume the City will secure the location of the meting, take the lead in preparing and sending meeting notices.

Task 4: Roundabout Design
Sub-Task 4.1 Concept Development
Kimley-Horn will prepare conceptual layouts of a roundabout at the intersection of Watsonville Road and Sunnyside Avenue/Santa Teresa Boulevard. During concept development, options and trade-offs typically considered are variations on the roundabouts’ inscribed circle diameter and central island, location of the roundabout, and variations in the approach and departure geometry. Kimley-Horn will evaluate up to three (3) alternatives including different cross section alternatives for the project location. Colored, 2-D concept renderings will depict critical roundabout features and geometric design elements as well as preliminary layouts for the connecting roadway corridors In addition, the layouts will include color-coded areas identifying landscape opportunities and potential sight line constraints based on estimated sight lines. Project constraints and right-of-way will be identified.

Key features evaluated during this phase typically include:
➢ Size and location of roundabout relative to right-of way and geometric constraints ➢ Potential interim phasing strategies to minimize future construction costs ➢ Approach and departure alignment
➢ Local access impacts and circulation
➢ Design speed, design vehicle, and sight line considerations (Calculations will not be conducted at this phase of concept refinement. Design check calculations will be completed in a separate task)
➢ Travel paths for bicyclists and pedestrians
➢ Continuity for pedestrian travel and access to transit facilities It is assumed that constraints at the Project location, including planned developments, will be identified by the City and provided to Kimley-Horn prior to development of the refined Project concepts. This scope assumes a meeting to discuss the three alternatives analyzed by the Kimley-Horn team, with a preferred alternative selected by the City. Once the Docusign Envelope ID: D619570D-771B-42D4-A99D-286A4DA0CE61

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City of Morgan Hill ▪ RSCASACR006836.2025
“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
preferred alternative is selected by the City, Kimley-Horn will incorporate one (1) set of consolidated, non- conflicting comments into the final concept layout and submit to the City for approval before moving into 30% design on the preferred alternative.

Sub-Task 4.2 30% Design/Geometric Approval Drawings
This task includes the preparation of preliminary engineering drawings and design check calculations to obtain geometric approval of the refined concept developed under the previous task. Preliminary engineering plans are assumed to extend at the intersection of Watsonville Road and Sunnyside Avenue/Santa Teresa Boulevard, and along the four approaching legs as necessary to conform back to the existing roadway configuration.

Preliminary engineering drawings will be prepared to identify the horizontal design limits of critical geometric elements such as curb geometry, lane widths, channelization, lane transitions, pavement markings, sightlines, and conform conditions to either the existing street infrastructure or proposed typical street section. The functional area of the roundabout intersection will be defined, and typical sections of each leg, including the roundabout circulatory roadway and central island will be prepared.

We assume the roundabout will be constructed as a single-lane roundabout.

Design checks specific to vehicles navigating roundabout intersections will be calculated and documented in a technical memorandum. Roundabout curb geometry and lane markings will be adjusted to achieve target design values for estimated speeds, design vehicles, and sight lines. If site conditions or other constraints require a deviation from guidance described in NCHRP Report 1043, the deviation will be identified in the technical memorandum along with a description why the deviation is being requested.

The following design checks will be evaluated for vehicles:
➢ Fastest path estimation for R1 through R5
➢ Swept path and tire tracking for design vehicles (assume up to two [2] design vehicles)
➢ Intersection angle of visibility
➢ Intersection Sight Distance (Assume tc=5.0 seconds)
➢ Stopping Sight Distance
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City of Morgan Hill ▪ RSCASACR006836.2025
“EXHIBIT A”

INTERSECTION IMPROVEMENTS AT

WATSONVILLE ROAD AND

SUNNYSIDE AVENUE / SANTA TERESA BOULEVARD
The design checks and roundabout operations will be summarized and documented in a Roundabout Performance Memorandum that will be submitted to the City with the 30% Design/GAD.

We assume the specifications will not be prepared at this level, and no vertical design will be completed at this level. We will prepare an Opinion of Probable Construction Cost (OPCC) for the 30% Design improvements. Kimley-Horn will submit the GAD and design checks to the City for review. Following receipt of one (1) set of consolidated, non-conflicting comments, Kimley-Horn will incorporate City comments into the final GAD, at which time Kimley-Horn will consider the roundabout geometrically approved. After approval, any requests or directions to change the horizontal curb geometry within the functional area of the roundabout will be considered out-of-scope work
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EXHIBIT B

SCHEDULE OF COMPENSATION RATES
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Category/Title
Billing Rate $360 $325 $260 $235 $205 $180 $165 $115 $205 Task 1 Project Management and Coordination 48 10 44 30 $ 7,670

1.1 Project Coordination (Internal and External) 2 2 4 8 $ 1,580 1.2 Meetings and Schedule 44 8 $ 2,380 1.3 Project Administration 4 4 8 $ 1,760 1.4 Quality Assurance/Quality Control 6 6 $ 1,950 Task 2 Data Collection 2 5 14 33 18 42 114 $ 22,570

2.1 Gather Existing Information 1 2 2 4 6 15 $ 3,290 2.2 Utility Coordination 1 2 4 18 18 18 61 $ 11,850 2.3 Site Visits and Field Investigation 4 4 6 14 $ 2,750 2.4 Topographic Survey 1 2 4 7 $ 1,305 2.5 Boundary and Right of Way Surveys 1 2 4 7 $ 1,305 2.6 Plats and Legal Descriptions 1 2 3 4 10 $ 2,070 Task 3 Preliminary Engineering Studies and Outreach 18 16 8 36 12 42 28 160 $ 36,860

3.1 CEQA Documentation 2 4 8 20 34 $ 7,500 3.2 Stormwater Mitigation Documentation 2 8 14 8 32 $ 6,570 3.3 Permitting 2 4 8 14 $ 3,030 3.4 Public Engagement 16 8 24 12 20 80 $ 19,760 Task 4 Roundabout Design 50 30 60 80 50 270 $ 60,000

4.1 Concept Development 20 20 20 10 70 $ 17,650 4.2 30% Design/Geometric Approval Drawings 30 10 40 80 40 200 $ 42,350 TOTAL HOURS 74 29 8 90 105 140 120 4 4 574
Subtotal Labor: $26,640 $9,425 $2,080 $21,150 $21,525 $25,200 $19,800 $460 $820 $ 127,100 Other Direct Costs $ 47,996
Travel Expenses $ 500 UNICO $ 47,496
TOTAL COST: $ 175,096
Senior
Professional III
Senior
Professional II

CITY OF MORGAN HILL

WATSONVILLE ROAD INTERSECTION IMPROVEMENTS
Kimley-Horn and Associates, Inc.

Senior
Professional I Professional I Analyst III Analyst II Analyst I Support Staff Technical Support TOTAL HOURS
TOTAL
COST
EXHIBIT B Docusign Envelope ID: D619570D-771B-42D4-A99D-286A4DA0CE61

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8 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Maria Angeles, Senior Civil Engineer
APPROVED BY: City Manager
APPROVE FINAL MAP FOR CROSSWINDS PHASE 2 - TRACT NO.
10652

RECOMMENDATION(S)

1. Approve the Final Map; and

2. Authorize the recordation of the Final Map.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The Crosswinds Project is a 269-unit residential development located at the southwest intersection of Half Road and Mission View Drive as shown on the attached Site Map (Attachment 1). Phase 1 of the project consisted of 94 residential units with a Final Map (Tract No. 10618) that was approved by the City Council on August 28, 2024. The Final Map (Attachment 2) for Phase 2 of the project, consisting of the remaining 175 residential units (Tract No. 10652), is the map recommended for approval.

The Developer, KB HOME SOUTH BAY INC., has completed all the conditions specified by the Planning Commission in the recommended approval of the project’s Vesting Tentative Map and Design Permit (Resolution No. 23-05).

The Developer has furnished the City with the necessary documents to complete the processing of the Final Map and has made provisions to provide the City with the required fees prior to recordation of the Final Map. Security and insurance have been previously provided by the Developer with the recorded Subdivision Improvements Agreement (Document No. 25694224) that covers the offsite improvements for Phases 1 and 2 of the Crosswinds Project. The Final Map conforms to the requirements of the Subdivision Map Act, and conditions of approval have been met.

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8 The City Council is required to approve the Final Map if it conforms to all the requirements of the Subdivision Map Act, and any conditions of approval for the Vesting Tentative Map.

Staff recommends that City Council approve the Final Map.

COMMUNITY ENGAGEMENT:

Inform
The Planning Commission recommended approval of the project’s Vesting Tentative Map and Design Permit at its May 23, 2023 meeting. The project was publicly noticed including a mailing to property owners within 600 feet of the project.

The notice and agenda of the City Council’s regular meeting on June 21, 2023, which included the agenda item to adopt a resolution approving the project's Vesting Tentative Map and Design Permit, were made available to the public through a posting on the City’s website prior to the June 21, 2023 City Council meeting.

ALTERNATIVE ACTIONS:

There is no feasible alternative action as the Developer has met the requirements of the Vesting Tentative Map conditions approved by the Planning Commission to file for a Final Map approval.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

May 23, 2023 – Planning Commission adopted Resolution No. 23-05 that recommended approval of the Vesting Tentative Map and Design Permit.

June 21, 2023 – City Council adopted Resolution No. 23-032 that approved the Vesting Tentative Map and Design Permit.

August 28, 2024 – City Council approved the Crosswinds Phase 1 Final Map (Tract No. 10618).

FISCAL AND RESOURCE IMPACT:

Development review costs for this project are paid for from development processing fees.

CEQA (California Environmental Quality Act):

Project
An Environmental Impact Report was certified for this project on June 21, 2023.

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9 CITY COUNCIL STAFF REPORT
MEETING DATE: May 21, 2025
PREPARED BY:

Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager

APPROVE FIRST AMENDMENT TO THE AGREEMENT FOR

COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION

PROGRAM

RECOMMENDATION(S)
Authorize the City Manager to execute the first amendment to the Agreement for the Countywide Household Hazardous Waste Collection Program.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment
2024-2025 Strategic Priorities
Healthy Community
REPORT NARRATIVE:

The purpose of this City Council report is to request authorization for the City Manager to execute the First Amendment to the Agreement for the Countywide Household Hazardous Waste (HHW) Collection Program (Attachment 1).

For well over 20 years, Santa Clara County has collected a fee to offset each jurisdiction’s solid waste management and HHW management expenses. The Countywide AB 939 Fee is collected at waste transfer and disposal facilities by facility operators and has two components. The first component is a Program Fee of $1.50 per ton which is charged to assist in funding integrated waste management activities. The second component is the HHW Fee of $2.60 per ton which is held by the County and used to directly offset HHW Collection Program costs associated with the use of the program by each jurisdiction’s residents. The HHW Collection Program provides City residents with the opportunity to participate in several HHW collection events each month, held at a permanent collection center in San Martin. If HHW Fee revenues exceed a jurisdiction’s HHW Collection Program costs at the end of the fiscal year, the remaining funds are transferred to the jurisdictions to be used to promote or support HHW management costs. Alternatively, if HHW Fee revenues are less than a jurisdiction’s HHW Collection Program costs at the end of the fiscal year, then the jurisdiction is billed for the shortfall.

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9 In 2024, the Council authorized the City Manager to execute the most recent three-year Countywide HHW Collection Program Agreement (Attachment 2). Because this agreement includes the HHW collection schedule for the year and an annual augmentation amount elected by the City, it requires an annual amendment. The sole purpose of this item is to approve the City’s execution of the First Amendment to the Countywide HHW Collection Program Agreement with the FY 2025/26 schedule and updated augmentation amount. The Countywide HHW Collection Program Agreement includes a base assumption that 4% of each jurisdiction’s households will participate in the program annually. It is estimated that Morgan Hill HHW Fee revenues will be less than the HHW Collection Program costs in FY 2025/26 and in addition, resident participation in the HHW Collection Program is expected to be more in the range of 10% for FY 2025/26. Therefore, an augmentation to cover the HHW Fee revenue shortfall and the high participation rate is recommended for FY 2025/26 in the amount of $86,968. This augmentation amount will ensure that all Morgan Hill residents desiring to participate in the program will be allowed to do so.

COMMUNITY ENGAGEMENT:

Inform
The recommended action is an extension of a long-standing program with no changes proposed, so no engagement activities were conducted prior to presenting the amendment for Council consideration. Should the First Amendment be approved, staff will continue to inform the public about the availability of the County program along with other local HHW disposal opportunities.

ALTERNATIVE ACTIONS:

The Council could decide to not approve the First Amendment and direct staff to further evaluate the provision of these services and the recommended augmentation amount.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The current Countywide HHW Collection Program Agreement was approved by the City Council on June 5, 2024 (Attachment 2). The Council has historically acted annually on either an agreement or an amendment to the agreement for over 20 years.

FISCAL AND RESOURCE IMPACT:

Fees collected and actual participation in HHW can vary from year to year. It is estimated that providing HHW collection services to Morgan Hill residents at a rate of 4% of households will cost approximately $131,646 in FY 2025/26. Since the HHW Fee revenues credited to Morgan Hill for this purpose in FY 2025/26 are estimated to total $104,073, the City will need to pay a subsidy in the amount of approximately $27,573 for the base HHW program. Additionally, the County recommends the City augment an additional $59,395 for the purpose of attaining or increasing City household participation above the 4% participation level, for a total augmentation of $86,968.

Under the City's current Franchise Agreement for solid waste collection services, implementation fees may be requested by the City at the beginning of each fiscal year to cover costs related to compliance activities required under Local, Regional, State or

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9 Federal permits, laws, and/or regulations for collection and/or management of solid waste. Because the HHW Collection Program is required as part of AB 939 compliance, similar to prior years the City will continue to request implementation funds to cover ongoing annual HHW Collection Program costs based on program participation numbers, implementation costs, and HHW Fee collection at landfills. The annual request for these implementation funds ensure that increasing County HHW costs do not impact the City's General Fund.

Should the City owe less to the HHW Collection Program than the requested implementation funds in a given year, then those remaining funds will be used for other local solid waste collection services and/or to offset the next HHW implementation funds request.

Although unlikely due to consistently increasing program costs and decreasing HHW Fee revenues, any revenues remaining in the City’s credit with the County at the end of the fiscal year will be refunded to the City for use in promoting the HHW Collection Program.

CEQA (California Environmental Quality Act):

Approval is categorically exempt from environmental review under Section 15308 (Actions by regulatory Agencies for Protection of the Environment) of the CEQA Guidelines.

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First Amendment to Agreement for Countywide Page 1 of 4 Household Hazardous Waste Collection Program

FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD

HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of Morgan Hill (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 28, 2024, is hereby amended as set forth below.

The COUNTY and the CITY agree that:

1. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:

Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

CITY agrees to augment up to an additional $75,407 to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to augment up to an additional $86,968 to the Countywide HHW Program during Fiscal Year 2026 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding

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portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year.

This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement.

At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

2. Section 17. INFORMATION AND APPOINTMENT LINE is amended in full to read:

17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m, except for COUNTY-recognized holidays The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.

3. Attachment C-1 “HHW Schedule Of Collection Events for Fiscal Year 2025/2026” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.

Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:

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COUNTY OF SANTA CLARA CITY OF MORGAN HILL
Signature: Signature:

James R. Williams Name:_____________________
County Executive Title:

Date: Date:

APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:

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ATTACHMENT C-1: HHW SCHEDULE OF COLLECTION EVENTS FOR
FISCAL YEAR 2025/2026*

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AGREEMENT FOR COUNTYWIDE

HOUSEHOLD HAZARDOUS WASTE

COLLECTION PROGRAM
This Agreement for Countywide Household Hazardous Waste Collection Program (“AGREEMENT”) is made by and between the (“CITY”) and the County of Santa Clara (“COUNTY”) on the day of 2024.

RECITALS
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board of Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health and/or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil-based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E City of Morgan Hill
DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74 June 28th

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transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents.

NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:

1. PURPOSE
The purpose of this AGREEMENT is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into this AGREEMENT with the County.

2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by COUNTY as part of the AB939 Implementation Fee and collected and distributed in accordance with the Agreement for Countywide AB939 Implementation Fee will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this AGREEMENT.

Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows:

A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133.

DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.

E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Section 41904 of California Public Resources Code.

The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein.

3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes.

4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $0.05 per household are set forth in Attachment A, attached hereto and incorporated herein.

For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Section 41904 of California Public Resources Code as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.

DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027.

6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year.

7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.

Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses.

8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system.

Administration and payment will be made in accordance with the Agreement for Countywide AB939 Implementation Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing.

9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within Santa Clara County and to Santa Clara County residents and businesses.

The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the local media such as local newspapers and television news stations;
• Providing participating jurisdictions with educational materials developed for the CoHHW Program;
• Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials.

CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities:
• Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY;
• Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period.

10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events.

When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY.

To increase the Community’s awareness of and participation in any Temporary HHW Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc.

11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF).

The CoHHWCF are located at:
♦ San Martin, 13055 Murphy Avenue, San Martin, CA 95046 ♦ San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected.

12. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY

GENERATORS
COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code.

Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration, DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG.

The CITY may choose to pay for services for VSQG’s within the CITY and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with VSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs.

13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee.

A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs.

B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction.

14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as “Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety Code, as amended from time to time. These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, electronic waste (e-waste), and other common hazardous consumer products.

15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, biohazardous waste, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from VSQGs as provided for in Section 12 of this Agreement shall be accepted.

16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement.

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17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m, except for COUNTY-recognized holidays The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.

18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event.

19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.

20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.

21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.

The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.

COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 days following the receipt of the invoice.

22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment, and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.

23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit E Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.

24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.

COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.

DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.

COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.

25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.

26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.

Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.

Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.

CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

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Agreement for Countywide Household
Hazardous Waste Collection Program Page 12 of 27
employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the participating jurisdictions and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.

COUNTY shall require VSQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The VSQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to VSQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.

27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.

28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.

29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.

30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.

31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

DocuSign Envelope ID: A1E61887-624B-4B27-BA1A-CF9284E4D97E DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74

Page 181 of 813 ends

Morgan Hill City CouncilMay 21, 2025

Morgan Hill City Council
May 21, 2025