Morgan Hill City Council
June 4, 2025

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, June 4, 2025
6:00 PM
Special meeting at 5:00 p.m. for a Closed Session at the address below:

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

Council Chamber Building, West Conference Room
17555 Peak Avenue, Morgan Hill, CA 95037
Council Member Vega will be participating remotely as follows:
507 Palmer Street
Orlando, Fl 32801
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
Morgan Hill City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City’s website, Facebook page, and Channel 17.

As a courtesy, and technology permitting, members of the public may attend online.

June 4, 2025
2 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 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

June 4, 2025
3 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 to Government Code Section 54957.6
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

June 4, 2025
4 Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #21-050

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant Exposure to Litigation § 54956.9(b)
(Unknown Number of Cases)
Potential Builders' Remedy Litigation

OPPORTUNITY FOR PUBLIC COMMENT

ADJOURN TO CLOSED SESSION

REGULAR MEETING
6:00 p.m.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PROCLAMATION
LGBTQ+ Pride Month

RECOGNITIONS
MH Pony Baseball - Toros 12U
Jeff Dixon

CITY COUNCIL REPORTS

CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT

June 4, 2025
5 Public Comment Supplement

ADOPTION OF AGENDA

CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

1. ACCEPTANCE OF 2024 PAVEMENT REHABILITATION PROJECT IN THE AMOUNT OF $3,220,947
Recommendation:

1. Accept as complete the 2024 Pavement Rehabilitation Project;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

2. ADOPT ORDINANCE NO. 2364, NEW SERIES, UPDATING AND

DESIGNATING FIRE HAZARD SEVERITY ZONES IN LOCAL

RESPONSIBILITY AREAS
Recommendation:

Waive the reading, adopt Ordinance No. 2364, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

3. ADOPT ORDINANCE NO. 2365, NEW SERIES, 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:

Waive the reading, adopt Ordinance No. 2365, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

4. ADOPT ORDINANCE NO. 2366, NEW SERIES AMENDING CHAPTER 5.32 (MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS PERMIT

June 4, 2025
6 REQUIREMENTS) OF TITLE 5 (BUSINESS LICENSES GENERALLY) OF THE

MUNICIPAL CODE OF THE CITY OF MORGAN HILL MODIFYING THE

PERMITTING PROCEDURE FOR MASSAGE THERAPY ESTABLISHMENTS

AND SERVICES
Recommendation:

Waive the reading, adopt Ordinance No. 2366, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

5. APPROVE COUNTY OF SANTA CLARA FISCAL AGENT SERVICE

AGREEMENT
Recommendation:

1. Approve the FY 25-26 Fiscal Agent Service Agreement with the County of Santa Clara in the amount of $399,543; and

2. Authorize the City Manager to execute and administer the Fiscal Agent Service Agreement with the County of Santa Clara, with the option to extend the contract for up to four additional one-year terms in amounts to be approved by the County of Santa Clara Recycling and Waste Reduction Commission as part of their annual budget approval process.

6. APPROVE THE 2024 ANNUAL MILITARY EQUIPMENT USE REPORT Recommendation:

1. Approve the 2024 Annual Military Equipment Use Report and the continued use of the controlled equipment contained in the report; and

2. Authorize the purchase of controlled equipment for approximately $32,581.

7. APPROVE CITY COUNCIL ASSIGNMENT UPDATE TO SILICON VALLEY CLEAN ENERGY (SVCE) FOR 2025
Recommendation:

1. Approve the appointment of Mayor Mark Turner as the alternate representative to the Silicon Valley Clean Energy Authority (SVCE), replacing outgoing staff member Tanya Carothers; and

2. Direct the City Clerk to notify SVCE of the updated assignment and update the Form 806 as necessary.

8. APPROVE THE MAY 21, 2025 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

June 4, 2025
7 9. AWARD OF 2025 MORGAN HILL WATER MAIN REPLACEMENT PROJECT TO DPI, INC.

Recommendation:

1. Approve the 2025 Morgan Hill Water Main Replacement Project Plans and Specifications;

2. Award 2025 Morgan Hill Water Main Replacement Project to DPI, Inc. in the amount of $537,800;

3. Authorize the expenditure of contingency in the amount of $107,560; and

4. Authorize the City Manager to execute and administer the construction contract with DPI, Inc.

10. RATIFY CITY POSITION ON PENDING LEGISLATION
Recommendation:

Ratify the City’s position opposing pending legislation, Senate Bill 16 (Blakespear) Homeless Housing, Assistance, and Prevention program: housing element.

11. RECEIVE MONTHLY BUDGET UPDATE AND APRIL 2025 FINANCIAL AND

INVESTMENT REPORTS
Recommendation:

Receive and file reports

PUBLIC HEARINGS

12. RECEIVE A REPORT ON CITY OF MORGAN HILL VACANCIES, AND

RECRUITMENT AND RETENTION EFFORTS
Recommendation:

Receive the informational report on City of Morgan Hill Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3 (AB 2561).

OTHER BUSINESS

13. ADOPT OR DO NOT ADOPT A RESOLUTION AUTHORIZING THE DISPLAY

OF THE JUNETEENTH FLAG
Recommendation:

Adopt or do not adopt a resolution authorizing the display of the Juneteenth Flag for the week of June 16-20, 2025.

14. ADOPT FISCAL YEARS (FY) 2024-25 AND 2025-26 MID-CYCLE BUDGET AMENDMENTS; APPROVE THE FY 2025-26 COMMUNITY FUNDING;

AUTHORIZE THE CITY MANAGER TO ENTER INTO THE AGREEMENTS

June 4, 2025
8 WITH THE COUNTY OF SANTA CLARA FOR ANIMAL SHELTERING
SERVICES AND EMERGENCY MEDICAL DISPATCH SERVICES; AMEND

THE FISCAL POLICY TO ELIMINATE THE ALLOCATION OF GENERAL FUND BUDGET SAVINGS TO THE OPEB SECTION 115 TRUST; DELEGATE

THE AUTHORITY TO THE CITY MANAGER TO RENEW SOFTWARE
LICENSES IF THEY ARE INCLUDED IN THE ADOPTED BUDGET; AND

REVIEW POTENTIAL BUDGET ACTIONS AND DIRECT STAFF TO

CONTINUE COMMUNITY ENGAGEMENT EFFORTS FOCUSED ON SERVICE

PRIORITIZATION AND OR A REVENUE ENHANCEMENT MEASURE
Recommendation:

1. Adopt a resolution amending the Adopted Fiscal Year (FY) 2024-25 and 2025–26 budgets;

2. Approve the FY 2025-26 Community Funding;

3. Authorize the City Manager to enter into agreements with the County of Santa Clara for Animal Sheltering Services and Emergency Medical Dispatch Services;

4. Amend the Fiscal Policy to eliminate the allocation of General Fund Budget Savings to the OPEB Section 115 Trust;

5. Delegate the authority to the City Manager to renew software licenses if they are included in the Adopted Budget; and

6. Review potential Budget actions and direct staff to continue Community Engagement efforts focused on service prioritization and/or a Revenue Enhancement Measure.

15. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL

INITIATED AGENDA ITEM
Recommendation:

Determine if the majority of the City Council wants the following item agendized at a future meeting for discussion:

Create a policy on the regularity of City Council meetings.

FUTURE COUNCIL INITIATED AGENDA ITEMS

ADJOURNMENT

ITEMS PULLED FOR DISCUSSION

June 4, 2025
9 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].

June 4, 2025
10

From: Christina Turner
To: CityClerk
Subject: FW: FW: [EXTERNAL] No excuses justify inaction Non-agenda Public Comment, City Council Meeting June 4th, 2025 Date: Wednesday, June 4, 2025 11:54:37 AM
Please supplement.

From: Christina Turner
Sent: Wednesday, June 4, 2025 11:54 AM
To: 'Joe Baranowski' <[email protected]>
Cc: MH Fire Chief Marcus Hernandez <[email protected]> Subject: RE: FW: [EXTERNAL] No excuses justify inaction Non-agenda Public Comment, City Council Meeting June 4th, 2025 Yes, we plan to come back to the City Council to recommend the establishment of performance objectives after the Butterfield Station is open and has been operational for a period of time.

From: Joe Baranowski <[email protected]>
Sent: Wednesday, June 4, 2025 9:51 AM
To: Christina Turner <[email protected]> Cc: MH Fire Chief Marcus Hernandez <[email protected]>; CityCouncil <[email protected]>; CC Public Comment <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Planning_Commission <[email protected]>; Michelle Bigelow <[email protected]> Subject: Re: FW: [EXTERNAL] No excuses justify inaction Non-agenda Public Comment, City Council Meeting June 4th, 2025 Good morning Christina,
Thank you for taking the time to provide those points of information. However, I don’t think the reason that Citygate, LAFCO, and Chief Hess told the City ~hey the first thing you really need to do is establish performance objectives has much of anything to do with the impressive list of critical improvements. It's actually exactly opposite.

Chief Hess’s ‘Next Steps’ slide was mistitled. It really points to just one Next Step.

The ‘critical improvements’ you listed are indeed worthy of attention and they may indeed be ‘foundational steps’ toward reaching ‘some’ level of objective performance. I’m not unaware of them, discounting them or unappreciative of the progress. But you seem completely unwilling to recognize the entire foundation and rationale for why establishing a target to achieve a goal was identified as the recommended next step more than five years ago.

The foundation:
a) There are no federal or state laws that establish requirements for the provision of Fire & EMS service. Performance standards are a local public policy choice. How many residents do you think are even aware of that let alone have any appreciation for the implications? b) As a matter of fairness, neighborhoods that are, for example, near the Target area should not be expected to accept a much lower level of emergency response service than neighborhoods near Nob Hill, for example.

You have repeatedly pointed to County standards and I assume you believe those and / or whatever performance standards the ‘critical improvements’ (those already completed and those to come) lead to are acceptable targets. With all due respect and not wanting to be repetitive, the decision about what the target should be is ultimately up to the public, not any other entity. I do not believe the County standard is the target that Morgan Hill residents deserve or will accept but the time for that discussion to begin so the community can decide, and the next step can be taken was more than five years ago when multiple groups of experts recommended the City formally adopt performance standards, with Citygate and Chief Hess pointing to the generally accepted standard of seven and a half minutes for first unit response as the only logical choice.

Frankly, and I think with reasonable cause, I believe that part of the reluctance to take the next step is the fear that when residents become aware that Fire & EMS policy is up to them, they will agree with the recommendation of experts and decide the generally accepted standard is the target they want for our City and the realization of the many implications that decision will have.

The rationale:

Nobody has ever suggested the next step is for the Morgan Hill Fire Department to implement performance objectives! I truly find it extremely hard to understand why what Chief Hess, Citygate, and LAFCO said is seemingly so difficult to grasp. “We’re not going to be able to get there overnight. But we need to have some sort of goal that we are shooting for so that as we continue to track our progress, we know we’re not going to be going backwards.” (Chief Hess)

The City “should adopt updated, complete performance measures to aid deployment planning and monitor performance”. (Citygate) Morgan Hill should “consider a baseline standard that defines the expectation of service for the community”.

I believe these reasons why the appropriate next step was identified as establishing a target to achieve a goal are obvious, common sense, best practices that are applicable whenever public resources are being used.

Defining expectations, aiding planning, tracking progress, monitoring performance? Chief Hess overstated his hope that establishing an objective goal will ensure anything because yes Public Safety delivery is incredibly complex and difficult and there will always be many competing goals for a limited amount of public funding. Nobody is suggesting the City can get there overnight.

But whether it be Fire & EMS, police, street maintenance, parks, recreation, downtown beautification or any other use of public resources , going about implementing without having clearly defined expectations that guide planning, enable performance monitoring and tracking of progress – all of which can be summarized as creating transparency and accountability is a recipe for practically ensuring you will never get there.

Staff and elected officials say Public Safety is their highest priority. It’s been more than five years and the next step that Chief Hess recommended, and every city council member and staff sat shaking their heads in agreement has never once been addressed except when I bring it up. Now meetings are being cancelled because supposedly there is nothing to discuss. Not taking the lead in educating the community on why establishing a target to achieve a goal for Fire and EMS performance that should be designed to deliver outcomes that will save residents when possible and protect first responders is so important and giving the community the opportunity to complete the only logical next step from which all of the ‘critical improvements’ and other issues I raised in my previous email can be addressed in the context of an agreed upon goal is, in my opinion, inexcusable.

Regards,
Joe
On Wed, Jun 4, 2025 at 6:38 AM Christina Turner <[email protected]> wrote:

Hi Joe – thank you for your email. Although the Morgan Hill Fire Department is not fully ready to formally implement performance objectives, our current initiatives represent significant progress toward that goal. For EMS, which is the majority of calls, in May 2025, we were over 99% compliant with the standard set throughout the County.

In addition, some notable actions being taken:

September 2024: Went live with Automated Vehicle Location (AVL) Enhanced Real-Time Dispatch Coordination: AVL provides dispatchers with real-time visibility of every fire engine’s location.

This means that when an emergency call comes in, the closest available unit can be quickly identified and dispatched, reducing response times and ensuring that help reaches those in need faster.

Data-Driven Resource Management (better response times): The data collected through AVL systems allows fire departments to analyze response times, travel patterns, and overall deployment efficiency. Over time, this information can be used to identify areas of improvement, optimize station locations, adjust staffing levels, and plan for future emergencies more effectively.

Enhanced Strategic Planning: As historical AVL data accumulates, it provides valuable insights into trends and potential gaps in service coverage.

Upcoming: Opening Butterfield Fire Station: this will add a fourth Morgan Hill location within the City and through our cooperative agreement, sixth fire company within the City within the same command and control system.

While we have made considerable advancements, including the introduction of AVL, the near-term staffing of an additional fire station, and the establishment of strengthened work practice controls, these steps alone do not yet equate to the full adoption of a response standard.

These critical improvements are the foundational steps.

Regards,
Christina
From: Joe Baranowski <[email protected]>
Sent: Tuesday, June 3, 2025 3:06 PM
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]> Cc: [email protected] <[email protected]>; [email protected] <[email protected]>;

[email protected] <[email protected]>; Christina Turner <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] No excuses justify inaction Non-agenda Public Comment, City Council Meeting June 4th, 2025 Hello Chief Hernadez, Following-up on my previous email I would like to expand on a few things which I also hope to highlight at tomorrow's City Council meeting. There is nothing out of context about this slide presented during the January 2020 Hello Chief Hernadez,
Following-up on my previous email I would like to expand on a few things which I also hope to highlight at tomorrow's City Council meeting.

There is nothing out of context about this slide presented during the January 2020 Goal Setting Workshop [1], it has nothing to do with where the third fire station should be, it has nothing to do with any existing agreements with EMS providers - all of which have been given as 'answers' when I have spoken about this topic at previous public hearings. But of course, the real purpose of establishing goals is to force or at least encourage transparency, debate, planning, tracking and accountability. "We can't get there overnight" [2] but how and when we get there, what 'there' means, and whether, for example, sparkling lights should have a higher priority is NOT something that is solely up to the Fire Chief, the Fire Department, the City Manager, the City Council or all of you together to decide. The level of Fire Protection is a Public Policy decision and the public, that is residents, deserve to have a say.

I want to apologize for failing to mention in my previous email that I do recognize the reason for adopting the specific performance objectives shown on the slide, as the 2019 Citygate Standards of Coverage Assessment [2] the 2023 LAFCO Countywide Fire Review [3] and Chief Hess [4] recommended is they are the Generally Accepted Standard because they protect both residents and first responders. One purpose of having a public policy discussion is so that decision-makers and the public can come to understand why these time-specific goals are not arbitrary.

But isn't everything solved now that the third Fire Station is opening? IF the recommendation to adopt performance standards had been acted on more than five-years ago and making a wild assumption that part of adopting that goal would be a periodic review of progress, I would hope no City official would be asking that question. Unfortunately, there seems to be a completely false narrative that has developed and I'm not really surprised.

But, the answer is NO.

It's truly remarkable that a resident has to be the one to volunteer their own personal time to educate decision-makers as to what the Citygate study actually showed.
[2, pgs. 71 - 72] Citygate evaluated travel time coverage from a potential future third City fire station at Butterfield Boulevard and Diana Avenue at the Department’s request. As Map Scenario #2 (Volume 2—Map

Atlas) ....., this location would improve 4:00-minute first-due travel time coverage by approximately 7 percent to 82 percent of total City public road miles, which in Citygate’s opinion is good first-due coverage.

Citygate was also asked to review travel time coverage from the City’s El Toro station. As Map Scenario #2 (Volume 2—Map Atlas) show, there is a significant 4:00-minute first due travel time coverage gap in the northeast section of the City even with the recommended third fire station at Butterfield Boulevard and Diana Avenue.

Compare the two maps from the study that are shown below. The third fire station collapses the black hole that was centered near the new fire station. The 'significant gap' that will still exist when the new fire station is in operation can be seen with the estimated travel time coverage under 'Scenario #2' that assumed the third fire station was open. If you look at the map, you will see that Citygate's analysis showed that during peak traffic hours first response units can not even get to 101 let alone eastward in four minutes. (Note: as the legend in the maps indicate, the modelled travel times were different. The 2019 conditions, i.e. without the new fire station, modelled a 4:30 travel time because that is what Gilroy's adopted standard was and since Morgan Hill didn't have one the authors used that. When Citygate, at the MH department's request, analyzed the impact of the third fire station opening, the travel time goal was the generally accepted standard of 4:00 minutes.)
2019 --> 2025 What's the LOGICAL and HIGHLY LIKELY impact of what has happened and will continue to happen since the Citygate study?
How do emergency vehicles get to the northeast section of the City during traffic congestion? Today, in the shortterm, in the long-term? I really don't know but assume the only 'practical' route (because it doesn't include one-lane stretches with no accessible 'shoulders') includes eastbound travel on Cochrane and when the new fire station is operational, northbound travel on Butterfield. Once again, IF the City treated Fire and EMS delivery as a public policy goal, had adopted performance standards, and there was any serious effort to monitor progress on that goal, there would have been public discussion and I probably wouldn't have to be making assumptions. Maybe the department plans to use an alternative route such as East Main -> Condit -> Half-Rd to reach the east of 101 neighborhoods? Maybe there is a 'plan' to expand the Main Ave bridge to make that route less risky?
But assuming the most 'practical' route requires travel along Cochrane, the impact of development and the designation of Cochrane between Madrone Parkway/Cochrane Plaza to DePaul Drive as a "freeway zone" will logically make the 2019 travel estimates HIGHLY optimistic - unless one wants to close their eyes and play pretend. The "freeway zone" designation allows projects to be approved even when traffic impact analysis, as required by the CIty's General Plan and NOT in any way made irrelevant by any recent changes in CEQA, shows that the intersection level-of-service is E for intersections within the 'highway zone'. KNOWING what the City has known since 2019, the critical path from the third fire station to the black hole should have been re-designated as an "emergency response zone" but of course, that would have meant putting Public Safety at a higher priority than new development. The 'significant gap' identified by Citygate in 2019 has almost certainly become even more significant with the occupancy of new development and the gap will continue to expand as already approved but not yet occupied or built development continues to outpace ANY plan to address the risk that thousands of residents in the northeast quadrant are being exposed to.

Will opening of the new Fire Station actually make things worse for residents in the northeast quadrant? Recognizing the 2019 coverage assessment identified an emergency response time issue that needed out-of-the-box thinking, the Fire Department and the City implemented an interim 'mobile', 2-person rescue/squad unit as I understand it.

In the limited public discussion of this step that I am aware of, this proactive and positive step allowed first-response resources to be located closer to the regions known to be at risk during traffic congestion. As far as I know, due to budgetary constraints, those resources will no longer be available once the new fire station becomes operational. I have never heard any discussion whatsoever of what the impact will be if my assumption is correct and I look forward to this question being answered.

These are NOT plans to address the issue:

There is no plan or plan for a plan to address known issues with meeting Generally Accepted Standards. Showing an 'itemized' unfunded needs bucket once or twice a year IF a council member insists that they at least be assigned by swag estimates is perhaps the most telling reason why the City has failed to adopt emergency response time performance goals.

It would appear the CIty believes adding another fire station can wait another 15 or 20 years and even then the $15M - $20M estimate, with no land identified, seems highly optimistic.

Emergency vehicle preemption (EVP)?
EVP, a mature and proven technology that aims to improve response times by minimizing delays at intersections has been or is in the process of being put into operational use by San Jose, Santa Clara, Sunnyvale and Santa Clara County. It is used in many other cities across the United States. It doesn't need to be deployed citywide to be effective and its projected costs are not in the tens of millions of dollars. Why has EVP not even been considered in Morgan Hill?
What will you tell residents?
Let's be clear. The percentage of Fire & EMS calls that are for specific, time-sensitive emergency situations which have outcomes that have been proven to be highly correlated to generally accepted standards, such as cardiac arrests, drownings, allergic reactions, electrocutions and severe trauma (gunshot wounds, stabbings, severe vehicle accidents) and, for fire, 'flashover' are thankfully a small percentage of total 911 calls. "We can't get there overnight". I get it.

However, multiple agencies and our former Fire Chief recommended adopting the generally accepted standard for a reason. That only a small percentage of outcomes are truly dependent on meeting that standard is the ONLY fact working in the favor of there not being avoidable tragedies in Morgan Hill. TODAY there are areas in the City where residents who share common risks and population density can expect to experience vastly different levels of emergency service based on their proximity to a fire station and the amount of traffic congestion. Because of massive development, lack of funding, a

booming population, increased traffic congestion and an ever increasing number of service calls, what is the most reasonable expectation and the near-term risk profile if the 2019 study was repeated today? In December 2019 the Citygate CEO and Chief Hess presented the coverage assessment to the City Council and the Public. "I wanna start with why have a response time goal? We've said it's a local control issue, you could just put a few fire stations across the geography and say you're done. But what do elected officials tell a family if they come to the podium and say you got there too slowly. You lost my house".

I wanna end with this:

Why should it ever get to a resident coming to the podium to at least take the first important step? If you can't understand the bottom two bullet points of Chief Hess's next steps slide, PLEASE consider stepping away from having any role that has an impact on how public resources are used in our City.

We're not going to get there overnight, but we need to have a goal that we are shooting for. We need a target in order to achieve our goal.

Establishing performance objectives will (hopefully help) ensure we do not decrease our level of service as the City grows.

Regards,
Joe Baranowski
Morgan Hill Resident for 25 years
[1] Council Goal Setting Presentation 2020, Next Steps, slide 48 https://morganhillca.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=6369&MeetingID=1904 [2] Chief Hess on Next Steps and why even though "we can't get there overnight" , adopting Emergency Response Time Performance Goals is important. Unedited one minute 25 second slice of January 2020 Goal Setting Workshop video archive. https://youtu.be/_4Xl7Pep-F4
[3] Citygate Associates, November 2019, Standards of Coverage Assessment, Volume 1 of 2: Technical Report https://www.morganhill.ca.gov/documentcenter/view/35787 [pg. 14 of .pdf , pg. 8 of the report] Recommendation #1:

Adopt Updated Deployment Policies: The Departments’ elected officials should adopt updated, complete performance measures to aid deployment planning and to monitor performance. The measures of time should be designed to deliver outcomes that will save patients when possible upon arrival and to keep small but serious fires from becoming more serious.

With this is mind, Citygate recommends the following measures:

1.1 Distribution of Fire Stations: In urban/suburban population density areas, to treat pre-hospital medical emergencies and control small fires, the first-due unit should arrive within 7:30 minutes, 90 percent of the time from the receipt of the 9-1-1 call at fire dispatch. This equates to a 90-second dispatch time, a 2:00- minute company turnout time, and a 4:00-minute travel time. [3] LAFCO Countywide Fire Service Review, FINAL REPORT, Adopted by Santa Clara LAFCO On October 4, 2023 https://santaclaralafco.org/sites/default/files/FireSRReview-FinalReport-2023.pdf [pg. xii] Recommendations from Fire and Emergency Services Overview:

Emergency Response Performance:

Gilroy, Mountain View, Palo Alto, Santa Clara, and San Jose have adopted performance standards (goals) through their elected officials.

Sunnyvale and CCFD (including SFD and LAHCFD) have published response time goal, however, their elected officials have not adopted the standard. Morgan Hill, Milpitas and SCFD have not adopted a response time standard. Organizations should adopt a performance goal and present those to the elected officials for adoption. The organizations should consider a baseline standard that defines the expectation of service for the community.
[4] Chief Hess on Next Steps and why, even though "we can't get there overnight" , adopting Emergency Response Time Performance Goals is important. Unedited one minute 25 second slice of January 2020 Goal Setting Workshop video archive. https://youtu.be/_4Xl7Pep-F4
[5] Citygate Associates, November 2019, Standards of Coverage Assessment, Volume 2 of 2: Study Map Atlas - Final https://www.morganhill.ca.gov/documentcenter/view/35788 [Page 6, annotations are mine] 2019 conditions, new fire station NOT included. [page 22] 4 minute travel time analysis WITH '3rd' Fire Station in operation One black hole still exists even assuming nothing has changed since 2019!

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Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.

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1 CITY COUNCIL STAFF REPORT
MEETING DATE: June 4, 2025
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager
ACCEPTANCE OF 2024 PAVEMENT REHABILITATION PROJECT IN
THE AMOUNT OF $3,220,947

RECOMMENDATION(S)

1. Accept as complete the 2024 Pavement Rehabilitation Project;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file said Notice of Completion with the County Recorder's Office.

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:

On May 15, 2024, the 2024 Pavement Rehabilitation Project was awarded to A.

Teichert & Son, Inc. DBA Teichert in the amount of $3,437,968 with a construction contingency of $343,797. The project included pavement rehabilitation at the following streets (Attachment 1 - Vicinity Map):
• East Dunne Avenue Overpass between Condit Road and Laurel Road • Vineyard Blvd between Monterey Road and LaCrosse Drive • Vineyard Court
• Del Monte Avenue between 2nd Street and Keystone Avenue • Keystone Avenue between Del Monte Avenue and Monterey Road • Del Monte Avenue between Ciolino Avenue and Cosmo Avenue • Manor Court
• Matilda Court

1 • Foothill Court
• San Pedro Avenue between Butterfield Boulevard and Walnut Grove Drive • San Ramon Drive between San Pedro Avenue and San Marcos Drive • Markross Court
• Cochrane Circle
• Digital Drive
The project's scope of work is described as follows but not limited to: Pavement Milling and Filling, Slurry Seal, Full Depth Asphalt Concrete Pavement Repairs, Crack Sealing, Replacement of all Existing Traffic Delineation and Markings, Utility Adjustments, Traffic Signal Loop Removal and Restoration, and all other related work within the City Limits.

The project began on July 15, 2024, and was substantially completed by February 28, 2025. A Zero Change Order was authorized for this project (Attachment 2), and the final construction contract with Teichert Construction is $3,220,947. Materials quantities are estimated for bidding purposes, and the contractor is paid based on the quantities used for work to be completed. For this project, there were contract savings below the base bid because the quantities required were lower than the contract amount.

Staff recommend accepting this project as it is completed in accordance with the plans and specifications. Staff further requests and directs the City Clerk to file the Notice of Completion (Attachment 3).

COMMUNITY ENGAGEMENT:

Inform
Before and during construction, City staff and the contractor coordinated all construction activities and roadway closures through citywide emails, social media posts, and the City website. Additionally, weekly emails were sent to emergency services, the post office, the school district, and the trash pickup service to minimize disruptions to these essential services. The contractor also provided "no parking" signage to affected residents and businesses in advance of any work.

ALTERNATIVE ACTIONS:

Accepting the project in accordance with the contract documents is a required process that enables the City to release any retained funds owed to the contractor, as per California Public Contract Code Section 7107.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
• On January 17, 2024, the City Council received the Pavement Condition Update and Pavement Rehabilitation Planning Update.
• On May 5, 2024, the City Council awarded the 2024 Pavement Rehabilitation Project to A. Teichert & Son, Inc. DBA Teichert Construction in the amount of $3,437,968.

1 FISCAL AND RESOURCE IMPACT:

The final contract amount for the 2024 Pavement Rehabilitation project is $3,220,947.

The project was awarded to Teichert Construction in the amount of $3,437,968 with an authorized contingency of $343,797. This project is funded in the adopted Capital Improvement Program Budget, under Project SR5004, Pavement Rehabilitation, funded by the Street CIP Fund (308). The balance of $560,818 will be returned to the Street CIP Fund (308).

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.

O
0 700 1,400 2,800 4,200 5,600
Feet

LOCATION MAP
2024 PAVEMENT

REHABILITATION PROJECT
Engineering and Utilities Division
Capital Improvement Program
G:\R-14\Proj\GIS\John\Yat_JacksonOaksRelocWater.mxd

COCHRANE CIRCLE

PAVING / SLURRY SEAL

DIGITAL DRIVE

SLURRY SEAL
DUNNE AVE. FWY. 101

OVERPASS PAVING
SAN PEDRO AVE.

PAVING
SAN RAMON DR.

PAVING
MARKROSS CT.

PAVING
KEYSTONE AVE./
DEL MONTE AVE.

PAVING
DEL MONTE AVE., FOOTHILL CT.,
MATHILDA CT. AND MANOR CT.

PAVING
VINEYARD BLVD.

PAVING
VINEYARD CT.

SLURRY SEAL

CIP Contract Acceptance
Funding Closeout Statement
Project: 2024 Pavement Rehabilitation Project
Project No: SR5004
Date of Project
Award: 15-May-24 Project Award Amount: $3,437,968
Funding Source: F308
Contingency
Authorized: $343,797
Date of Project
Acceptance: 4-Jun-25 Total Authorized: $3,781,765
Actual Base
Contract Spent: $3,220,947
Change Orders
Description Date
Council Approval
Reqd? (Y/N)
Total C.O.: $0.00
Additional Appropriations
Source Amount Date
Total
Construction
Amount (Base
Contract plus
CO's): $3,220,947.11
Construction Fund Balance: $560,817.89
None

SR5004 2020 Form NOTICE OF COMPLETION
2024 Pavement Rehabilitation Project Page 1
Recording Requested By:

The City of ___________
When Recorded Mail To:
_____________________ <name, title>
_____________________ <street address>
_____________________ <city, state and zip>

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is City of Morgan Hill (“City”)

3. City’s address is 17575 Peak Avenue Morgan Hill, CA 95037

4. The nature of City’s interest in the Project is:

XX Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows:

Pavement Milling and Filling, Slurry Seal, Full Depth Asphalt Concrete Pavement Repairs, Crack sealing, Replacement of all Existing Traffic Delineation and Markings, Utility Adjustments, Traffic Signal Loop Removal and Restoration, and all other related work within the City Limits.

6. The name of the original Contractor for the Project is: A. Teichert & Son, Inc. DBA Teichert Construction

7. The Project was accepted as complete on: June 4, 2025

8. The Project is located at:
• East Dunne Avenue Overpass between Condit Road and Laurel Road • Vineyard Blvd between Monterey Road and LaCrosse Drive • Vineyard Court
• Del Monte Avenue between 2nd Street and Keystone Avenue • Keystone Avenue between Del Monte Avenue and Monterey Road • Del Monte Avenue between Ciolino Avenue and Cosmo Avenue • Manor Court
• Matilda Court
• Foothill Court
• San Pedro Avenue between Butterfield Boulevard and Walnut Grove Drive • San Ramon Drive between San Pedro Avenue and San Marcos Drive • Markross Court
• Cochrane Circle

SR5004 2020 Form NOTICE OF COMPLETION
2024 Pavement Rehabilitation Project Page 1
• Digital Drive
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Signature Date
Scott Creer, City Engineer

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 920

2 CITY COUNCIL STAFF REPORT
MEETING DATE: June 4, 2025
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2364, NEW SERIES, UPDATING AND

DESIGNATING FIRE HAZARD SEVERITY ZONES IN LOCAL

RESPONSIBILITY AREAS

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2364, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land 2024-2025 Strategic Priorities
Community Engagement
Guiding Documents
Fire Services Standards of Coverage
Morgan Hill 2035 General Plan
Public Safety Master Plan
REPORT NARRATIVE:

On May 21, 2025, the City Council introduced Ordinance No. 2364, New Series, by the following roll call votes: AYES: Turner, Vega, Librers, Iwanaga, Martinez Beltran; NOES: None; ABSTAIN: None; ABSENT: None;
As required by Government Code Section 51179, local jurisdictions are required to adopt, by ordinance, updated fire hazard severity zones (FHSZ) within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178. CalFire provided the recommended FHSZ Map to the local Bay Area jurisdictions on February 24, 2025. The map was then released to the public for public comment.

With the adoption of the FHSZ, there will be new requirements to be implemented by the City, some of which will impact new development depending on the severity zone.

2 Chapter 7A of the California Building Code, "Materials and Construction Methods for Exterior Wildfire Exposure", and hazard disclosures apply to all properties within the High and Very High Severity Zones. In addition, for those in the Very High Severity Zone, defensible space landscape requirements are required. The City will be adopting the updated version of the California Building Code in the fall.

COMMUNITY ENGAGEMENT:

Inform
The map of FHSZs was released to the public via a Citywide email and the 411. The map and all relevant information and links to CalFire materials were placed on the website. A specific "firemap" email was established to receive comments.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council adopted Resolution No. 6238 on March 18, 2009, establishing fire hazard zones for the City. The new map and Ordinance supersede the 2009 Resolution and corresponding map.

FISCAL AND RESOURCE IMPACT:

The future financial impact is unknown. Resources will be required for inspection and code enforcement activities in the High and Very High Fire Hazard Severity Zones.

CEQA (California Environmental Quality Act):

Introduction and adoption of the proposed ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to the following sections of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378) because the ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.

ORDINANCE NO. 2364, NEW SERIES

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL UPDATING AND DESIGNATING FIRE

HAZARD SEVERITY ZONES IN LOCAL RESPONSIBILITY
AREAS
WHEREAS, in 2009, the City of Morgan Hill adopted Resolution No. 6238, Fire Hazard Zones, and designated Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection; and WHEREAS, pursuant to Government Code §51178, the State Fire Marshal is required to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread in those areas; and WHEREAS, on February 24, 2025, the California Department of Forestry and Fire Protection released updated Fire Hazard Severity Zones maps; and WHEREAS, the purpose of this ordinance is to comply with Government Code §51178, §51178.5, §51179 and California Code of Regulations §1280.02 by designation of Fire Hazard Severity Zones within the jurisdiction of the City of Morgan Hill; and WHEREAS, by so designating Fire Hazard Severity Zones, identified measures as contained in Government Code §51182 are intended to retard the rate of spread and reduce the potential intensity of uncontrolled fires that threaten to destroy life, property, and resources; and WHEREAS, the requirement of such measures provides for the protection of the public safety, health, property and welfare of the City of Morgan Hill for development in areas designated as Fire Hazard Severity Zones.

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

Section 1. The City of Morgan Hill hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

Section 2. The Fire Hazard Severity Zone Map adopted by the Council is attached hereto and shall be located on the City’s website at the following internet address:
https://morganhill.ca.gov/2617/Fire-Hazard-Severity-Zones-Maps Section 3. The City Council finds that adoption of this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to following sections of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (2)

City of Morgan Hill
Ordinance No. 2364, New Series

Section 15060(c)(3) (the activity is not a project as defined in Section 15378) because the ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.

Section 4: Transmission to the Board of Forestry and Fire Protection. Within thirty (30) days of adoption of this ordinance, the City Manager or their designee are directed to transmit a copy of the ordinance and a map depicting the adopted zones within the local agency to the Board of Forestry and Fire Protection and may provide additional information as may be requested by the Board.

Section 5. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 6. Effective Date; Posting. This Ordinance shall take effect on the 31st day following adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 21ST DAY OF MAY, 2025, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 4TH DAY OF JUNE, 2025,

AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
______________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Ordinance No. 2364, New Series

CERTIFICATE OF THE CITY CLERK

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2364, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 4th day of June, 2025.

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

DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk

City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:43,000 at 11" x 17"
Km 0 1 2 3
Mi 0 1 2
Very High High Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Morgan Hill
101

UNINCORPORATED
SANTA CLARA CO.

UNINCORPORATED
SANTA CLARA CO.

SAN JOSE
February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF MORGAN HILL – SANTA CLARA COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024

3 CITY COUNCIL STAFF REPORT
MEETING DATE: June 4, 2025
PREPARED BY:

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2365, NEW SERIES, 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(S)
Waive the reading, adopt Ordinance No. 2365, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

COUNCIL PRIORITIES, GOALS & STRATEGIES
REPORT NARRATIVE:

On May 21, 2025, the City Council introduced Ordinance No. 2365, New Series, by the following roll call votes: AYES: Turner, Vega, Librers, Iwanaga, Martinez Beltran; NOES: None; ABSTAIN: None; ABSENT: None;
The purpose of this ordinance revising language in Chapter 3.04 is to clarify the legally required procurement process for the selection of consultants who provide architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services to the City. Article XXII of the California Constitution authorizes the City to hire such consultants and Government Code § 4529.10 et seq. requires that a fair and competitive selection process be used to select said consultants.

The request for qualifications (RFQ) process is often used to hire these types of consultants, so this process is added as an option in Chapter 3.04.

COMMUNITY ENGAGEMENT:

This report serves to inform the community of the changes being made to comply with

3 state law.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

No recent actions have been taken by City Council with respect to procurement.

FISCAL AND RESOURCE IMPACT:

There is some financial and resource impact anticipated as the City procures the services of architects and engineers through a fair and competitive selection process in some situations in which it was not done in the past. For smaller projects, the process is likely to be informal in an attempt to minimize the costs.

CEQA (California Environmental Quality Act):

Not a Project - This is a administrative action that will not have any foreseeable impact on the environment.

ORDINANCE NO. 2365, NEW SERIES

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.

THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:

Section 1. Section 3.04.240 (Consultant Contracts) of Chapter 3.04 (Purchasing) of Title 3 (Revenue and Finance) is hereby amended to read as follows:

3.04.240 Consultant contracts.

A. The city council finds and declares that the competitive bid process based on price is illsuited for the selection of consultants. A fair and competitive selection process based on qualifications is required for selection of consultants who provide 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. The request for proposal or qualifications procedure set forth in Section 3.04.250 shall be used when hiring a professional as described in this paragraph and may be used if a determination is made by the officer or official responsible for the purchase — the purchasing officer, city manager or city council, respectively — that to do so would be in the best interest of the city in selecting the best qualified consultant. Consultants are required for professional or technical expertise and for matters requiring specialized abilities or a high degree of skill. Their numbers in relation to a particular skill or expertise required are comparatively limited. Where consultants are involved, the bidding process is not likely to result in a lower price to the city or eliminate unnecessary expense or delay.

B. The officer or official responsible for the purchase — the purchasing officer, city manager or city council, respectively — shall be empowered to engage a consultant (including, but not limited to, material testing service, construction inspection services, testing, appraising, environmental, planning, financial, legal, development processing, governmental operations, special studies, information technology and services graphic design and other services related thereto) without the necessity of an informal bid or competitive bid or notice thereof in the following circumstances and subject to the following criteria and conditions:

City of Morgan Hill
Ordinance No. 2365, New Series

1. Subject to the delegation of the city manager, with department head approval if the consultant's total fee for services and supplies under the contract by which the consultant is engaged on a per project basis, including any amendments to the contract, does not exceed ten thousand dollars, so long as there exists a sufficient unencumbered appropriation in the fund against which the contract expense may be appropriately charged and provided further that any bifurcation of a purchase or contract into subunits or phases for the purpose of avoiding the maximum dollar amounts set forth in this section is prohibited; or

2. With city manager approval if the consultant's total fee for services and supplies under the contract by which the consultant is engaged on a per project basis, including any amendments to the contract, does not exceed the amount authorized to be performed by the employees of a public agency for public projects per State of California's Uniform Public Construction Cost Accounting Act, so long as there exists a sufficient unencumbered appropriation in the fund against which the contract expense may be appropriately charged and provided further that any bifurcation of a purchase or contract into subunits or phases for the purpose of avoiding the maximum dollar amounts set forth in this section is prohibited; or

3. With city council approval if the consultant's total fee for services and supplies under the contract by which the consultant is engaged on a per project basis exceeds the amount authorized to be performed by the employees of a public agency for public projects per State of California's Uniform Public Construction Cost Accounting Act.

City council approval is not required for services in excess of the amount authorized to be performed by the employees of a public agency for public projects per State of California's Uniform Public Construction Cost Accounting Act if the consultant's total fee for services and supplies is to provide environmental services for a project that will be paid for by a development processing project applicant.

Section 2. Section 3.04.250 (Request for Proposals) of Chapter 3.04 (Purchasing) of Title 3 (Revenue and Finance) is hereby amended to read as follows:

3.04.250 Request for proposals or qualifications.

A. In lieu of competitive bidding, the officer or official responsible for the purchase — the purchasing officer, city manager or city council, respectively — may utilize the request for proposal or request for qualifications method of purchasing supplies or services upon a determination that competitive bidding based on price is not practical or advantageous to the city because of one or more of the following reasons:

1. Quality, capability, performance or qualification is overriding in relation to price;

2. Delivery, installation, service, maintenance, reliability or replacement is overriding in relation to price;

3. In the opinion of the purchasing officer, city manager or city council, respectively, the marketplace will respond better to a solicitation permitting a range of alternative

City of Morgan Hill
Ordinance No. 2365, New Series

proposals or evaluation and discussion of proposals before entering into the contract; or

4. Any of the considerations set forth in Section 3.04.080 are overriding.

B. The identity of persons responding to the request and the content of the submittals to the city may be kept confidential during the process of negotiation and until a contract is awarded, if deemed necessary by the purchasing officer, city manager or city council to enter into a contract that is the best value and most advantageous for the city in their respective sole discretion.

C. The formats and procedures for requests for proposals or request for qualifications shall be established by the purchasing officer.

D. The contract award shall be based upon the proposal or statement of qualifications determined by the purchasing officer, city manager or city council, respectively, to be most advantageous to the city, taking into consideration price and the evaluation factors set forth in the request.

E. The purchasing officer, city manager or city council, respectively, may reject any and all proposals or statement of qualifications if such rejection is deemed to be in the best interests of the city and may thereupon direct that proposals or statement of qualifications be solicited or utilize any other purchasing method set forth in this section.

F. As provided in the request for proposals or request for qualifications, discussions may be conducted with responsible offerors who submit proposals or statement of qualifications determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded equal treatment with respect to any opportunity for discussion and revision of proposals or statement of qualifications and such revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors, or of any information derived from submittals by competing offerors.

Section 3. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

Section 4. Effective Date; Posting. This Ordinance shall take effect on July 5, 2025. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

This ordinance was introduced at a meeting of the City Council held on the May 21, 2025, and adopted at a meeting held on the June 4, 2025, and said ordinance was duly passed and adopted in accordance with law by the following vote:

City of Morgan Hill
Ordinance No. 2365, New Series

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:ATTEST:
______________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

CERTIFICATE OF THE CITY CLERK

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2365, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 4th day of June, 2025.

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

DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk

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

Kim Mancera, Deputy City Clerk
APPROVED BY: City Manager
ADOPT ORDINANCE NO. 2366, NEW SERIES AMENDING CHAPTER

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

LICENSES GENERALLY) OF THE MUNICIPAL CODE OF THE CITY OF

MORGAN HILL MODIFYING THE PERMITTING PROCEDURE FOR

MASSAGE THERAPY ESTABLISHMENTS AND SERVICES

RECOMMENDATION(S)
Waive the reading, adopt Ordinance No. 2366, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Preserving and Cultivating Public Trust
Guiding Documents
Economic Blueprint
Public Safety Master Plan
REPORT NARRATIVE:

On May 21, 2025, the City Council introduced Ordinance No. 2366, New Series, by the following roll call votes: AYES: Turner, Vega, Librers, Iwanaga, Martinez Beltran; NOES: None; ABSTAIN: None; ABSENT: None;
This ordinance is to improve the massage establishment regulation process since its enactment in May 2024. The amendments to Municipal Code Chapter 5.32 address areas that the City staff identified as needing improvement and concerns raised by the massage establishment community as described below.

COMMUNITY ENGAGEMENT:

Inform and Consult
Members of the Economic Development Team met with massage establishment operators and received feedback on the changes to the City's proposed regulation

4 changes. In particular, operators requested that in some instances they be allowed to operate earlier in the morning (prior to 8 a.m.) to accommodate working clients, especially those with medical issues. To address this, language is added to Section

5.32.140(a)(1) to allow operators to apply to the Police Chief for an exception to the hours of operation. Another issue raised is the window tinting restrictions, which are necessary for the privacy and comfort of clients but also present an enforcement issue.

Language has been added to Section 5.32.140(a)(17) to allow some tinting (clear viewing into the lobby that is at least four feet in height, starting not higher than two feet from the finished floor). An email was sent to operators in March informing them of the proposed amendments.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On May 15, 2024, the City Council adopted ordinance number 2354 to implement a new massage establishment permit process.

FISCAL AND RESOURCE IMPACT:

Costs of the permitting and inspection are covered in the initial permit application and renewal fees as established by the City Council. These fees are updated every year on July 1st.

CEQA (California Environmental Quality Act):

Not a Project - This is a regulatory action that will not have any foreseeable impact on the environment.

ORDINANCE NO. 2366, NEW SERIES

AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING CHAPTER 5.32 (MASSAGE

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

LICENSES GENERALLY) OF THE MUNICIPAL CODE OF

THE CITY OF MORGAN HILL MODIFYING THE

PERMITTING PROCEDURE FOR MASSAGE THERAPY

ESTABLISHMENTS AND SERVICES

THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 5.32 is amended to read as:

5.32.010 Purpose and intent.

In enacting this chapter, the city council recognizes that massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services, but that unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for human trafficking, prostitution, and related activities in violation of state law, all in the interests of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses.

It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the Legislature in 2008 as Business and Professions Code Sections 4600 et seq., known as the Massage Therapy Act, as subsequently amended, and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.

5.32.020 Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings that are given them in this section:
(a) "Authorized massage professional" means a massage professional who is identified in a permit issued pursuant to this chapter as a person employed or retained by a massage establishment to practice massage.
(b) "California Massage Therapy Council" or "CAMTC" means the massage therapy organization formed pursuant to Business and Professions Code Section 4600 et seq.

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(c) "CAMTC-certified massage professional" means any individual currently certified by the California Massage Therapy Council as a massage therapist or massage practitioner pursuant to Business and Professions Code Section 4600 et seq. (d) "City manager" means the city manager of the City of Morgan Hill or his or her designee.
(e) "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(f) "Employee" means any person employed by a massage business who may render any service to the business, and who receives any form of compensation from the business, including, but not limited to, an independent contractor. (g) “Hearing Officer” means the individual designated to hear an appeal. (h) "Inspector" means the person or persons designated by the city to conduct any inspections required or permitted under this chapter.
(i) "Massage," "massage therapy," and/or "bodywork" for purposes of this chapter mean the skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation.
(j) "Massage establishment" means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Home-based massage businesses and businesses that provide outcall massage services are also considered to be massage establishments. For purposes of this chapter, the term "massage establishment" may be applied to include establishments which offer or advertise themselves as providing "relaxation" or "tanning" where the essential nature of the interaction between the employee and the customer involves "massage" as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business. (k) "Massage establishment permit" means a permit to operate a "Massage establishment" as provided in this chapter.
(l) "Operator" or "massage establishment operator" means any person who is an owner or manager of a massage establishment.
(m) "Outcall massage service" means the engaging in or carrying on of massage therapy for compensation at locations other than a massage establishment at a fixed location. (n) "Owner" or "massage establishment owner" means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage establishment. (2) Any general partner of a general or limited partnership that owns a massage establishment.

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Ordinance No. 2366, New Series

(3) Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.
(4) Any person who is a member of a limited liability company that owns a massage establishment.
(5) All owners of any other type of business association that owns a massage establishment.
(o) "Patron" means an individual on the premises of a massage establishment for the purpose of receiving massage therapy.
(p) "Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals. (q) "Police chief" means the chief of police of the City of Morgan Hill or his or her designee charged with the administration of this chapter. (r) "Reception and waiting area" means an area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons or visitors of the massage establishment and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
(s) "Sole proprietorship" means a massage establishment where the owner owns one hundred percent of the business and has one or no other employees or independent contractors.
(t) "Visitor" means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.

5.32.030 Business license required.

The requirements of this chapter are in addition to any business license and business license tax requirements imposed pursuant to Chapter 5.04 of this code.

5.32.040 Other permits and authorizations required.

The requirements of this chapter are in addition to any permits or authorizations that may be required under other applicable laws including, but not limited to, the city's building, fire, zoning, and health regulations.

5.32.050 Exemptions.

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, acupuncturists or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license and persons working directly under the supervision of or at the direction of such

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Ordinance No. 2366, New Series

licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person. (b) Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city. (c) Barbers, estheticians, and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses. (d) Individuals administering massages or health treatments involving massage to persons participating in single-occurrence athletic, recreational, or educational events such as road races, track meets, triathlons, educational events, or conferences, provided that the event is open to the public or to a significant segment of the public such as employees of sponsoring or participating corporations, and the massage services are provided at the site of the event during, immediately preceding, or immediately following the event.
(e) Somatic practitioners who use no physical touch of any kind at any time in their practice.
(f) Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided that the operator of the massage establishment has first notified the police chief in writing of the name, residence address, and school of the students and the dates of the trainings.

5.32.060 CAMTC certification required.

It shall be unlawful for any individual to practice massage therapy for compensation within the city unless that individual is a CAMTC-certified massage professional. The massage establishment operator or owner must report to the City any investigation being conducted by the CAMTC or any criminal charges of any owner, operator, or employee, or the suspension of a CAMTC license of any owner, operator, or employee within two business days of the notification by CAMTC or within two business days of the criminal charges.

5.32.080 Massage establishment permit required—Prohibited conduct. (a) It is unlawful for any person to operate a massage establishment within the city without first obtaining a massage establishment permit from the police department of the City of Morgan Hill.
(b) It shall be unlawful for a massage establishment operator to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is a CAMTC-certified massage professional and unless that person is identified as an authorized massage professional on the permit issued pursuant to this chapter. For purposes of this chapter, a massage establishment operator "employs or retains" a person to practice massage therapy for compensation when:

City of Morgan Hill
Ordinance No. 2366, New Series

(1) That person is a directly paid employee of the massage establishment; or (2) That person's association with a massage establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or
(3) That person receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator.
(c) It is unlawful for a massage establishment to operate under any name or conduct business under any designation not specified in the massage establishment permit issued pursuant to this chapter.
(d) It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment to a person who was not identified as an owner in the massage establishment permit application.

5.32.090 Permit application.

1. The owners of the massage establishment shall file an application for a permit on a form provided by the police chief. The applicant must be the owner of the massage establishment. The application shall be accompanied by the non-refundable fee established by the city's fee schedule. Any change in ownership or location requires a new application. The application shall include the following information:
(a) The name, address, and telephone number of the massage establishment. It shall be the responsibility of each owner or operator to notify the city of any intention to rename, change management, or convey the business to another person within seven days of the change.
(b) The name, date of birth, residence address and telephone number, and business address and telephone number of each owner of the massage establishment. (c) The form of business under which the applicant will be conducting the massage establishment, i.e. corporation, general or limited partnership, limited liability company, or other form and the state of formation. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable. (d) The name, address, and telephone number of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the

City of Morgan Hill
Ordinance No. 2366, New Series

applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property. (e) If the massage establishment will be located on a property in a residential or commercial condominium or other common interest development, the applicant shall submit a notarized statement from the homeowner's association or condominium owner's association acknowledging that the association has been advised that a massage establishment will be operated by the applicant and that such use of the property is allowed by the property's covenants, codes, and restrictions. (f) A description of the proposed massage establishment, including the type of treatments to be administered.
(g) The name and date of birth of each individual who the massage establishment employs or retains to perform massage therapy for compensation, whether on or off the massage establishment premises. It shall be the responsibility of each owner or operator to notify the city within seven days of any change in persons providing massage services and to provide copies of the state massage certification for all such persons to the city prior to such persons providing massage services.
(h) The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services.
(i) For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises, a color copy of that individual's current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a color copy of his or her current CAMTC-issued identification card. (j) For each owner of the massage establishment who is a CAMTC-certified massage professional, a color copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a color copy of his or her current CAMTC-issued identification card.
(k) For each owner of the massage establishment who is a CAMTC-certified massage professional, the date and length of time for any CAMTC suspension. (l) For each owner of the massage establishment who is not a CAMTC-certified massage professional, the following information:
(1) Whether any owner of the massage establishment has within the five years immediately preceding the date of application been convicted of any felony in any state.
(2) Whether any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code.

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Ordinance No. 2366, New Series

(3) The business, occupation, and employment history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same.
(4) One set of fingerprints to be taken at an authorized fingerprint location designated by the police chief, and any required fee for such fingerprinting shall be paid by the applicant.
(m) Provide a complete massage permit history including whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority, the effective dates of such license or permit, whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial.
(n) Detailed diagram showing the interior floorplan of the premises and depicting all interior rooms. It shall be the responsibility of each owner or operator to notify the city within seven days of any change to the floor plan. Building Code requirements are applicable and interior changes may require a building permit. (o) Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law.
(p) A statement that within the last five years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

2. Incomplete applications shall be rejected and not processed.

5.32.100 Permit issuance.
(a) The police chief shall issue a massage establishment permit if the applicant meets the requirements of this chapter and no grounds for denial exist under Section 5.32.110. The police chief may impose conditions on the permit consistent with this chapter and applicable law.
(b) Notice to Property Owner. If the applicant is not the record owner of the property where the massage establishment is located, the police chief may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The police chief may also provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit.
(c) Term. A massage establishment permit issued pursuant to the terms of this chapter shall be valid for the fiscal year in which it is issued, and, unless suspended or revoked, must be

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renewed by the massage establishment operator annually so long as the massage establishment is operating within the city.

5.32.110 Permit denial.

1. The police chief may deny an application for a massage establishment permit on any of the following grounds:
(a) The massage establishment, as proposed by the applicant, would not comply with the requirements of this chapter.
(b) The massage establishment, as proposed by the applicant, would not comply with any applicable law, including, but not limited to, the city's building, fire, zoning, and health regulations.
(c) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit. Any omission or falsified information within the application will result in an automatic denial. (d) Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment.
(e) Any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code. (f) Any owner of the massage establishment, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.
(g) Any owner of the massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California.
(h) Any owner of the massage establishment, within five years of the date of application, and as established by a preponderance of the evidence, which may include evidence of a prior arrest, has engaged in acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22. (i) Any owner of the massage establishment is an individual who has not attained the age of eighteen years.
(j) Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has had a permit or license to practice massage for

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compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction, including by the CAMTC.
(k) Any owner of the massage establishment currently owns or operates a massage establishment in the city of Morgan Hill that is not in good standing due to the existence of uncorrected violations or unpaid fines or fees. (l) Within the last five years, the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.
(m) The massage establishment was operated within the city without first obtaining a massage establishment permit from the police department of the City of Morgan Hill

2. The city shall not accept an application for the same or substantially similar massage establishment permit for the same site for a period of twelve months following the denial of a permit, or the date the denial was upheld, whichever is later.

3. The notices provided to the massage establishment pursuant to this section may also be sent to the owner of the premises where the massage establishment is located. However, failure to provide notice to the property owner shall not invalidate any actions taken by the city.

5.32.120 Notice of denial—Appeal.
(a) If an application for a massage establishment permit is denied, the police chief shall give written notice to the applicant specifying the time and place of an informal meeting with the Police Chief, the ground or grounds for denial, the pertinent code sections, and a brief statement of the factual issues in support thereof. The notice shall be mailed to the applicant at the address specified in the application, or it shall be delivered to the applicant personally. (b) No appeal may be taken to any such administrative decision made by the police chief pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the police chief. This shall be an informal meeting to allow the applicant to provide evidence that the permit should not be denied. Failure to attend an informal meeting with the Chief shall be deemed a forfeiture of any appeal on the decision to deny a permit. (c) Within ten business days of the informal meeting, the police chief shall render his or her decision in writing, stating his or her findings and the action taken, if any. The decision letter shall be mailed to the applicant or it shall be delivered to the applicant personally. The decision letter shall include the information of the right to appeal. (d) The applicant may appeal the decision to deny a massage establishment permit by filing a written notice of appeal with the city manager within ten days after deposit of the decision in the mail or its receipt by the applicant, whichever occurs first, specifying in detail the ground or grounds for such appeal.

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(e) The city manager shall set a time and place for the hearing on the appeal not less than fifteen days and not more than sixty days from the date the appeal was received by the city manager, and shall give at least five days’ written notice by mail to the applicant of the date, time, and place for the hearing. The hearing shall be conducted in accordance with Section

5.32.190.
(f) After the hearing on the appeal, the hearing officer may refer the matter back to the police chief for a new investigation and decision, may affirm the decision of the police chief, or may direct the police chief to issue the license. The permittee will be notified by the city manager. The decision of the hearing officer upon such appeal shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

5.32.130 Amendments to permit.
(a) Whenever the information provided in the application for a certified massage establishment on file with the city changes, the operator shall file an application within seven business days, provided by the police chief, to amend the permit to reflect such change. A change includes but is not limited to the suspension or revocation of an owner or operator’s CAMTC license. The application shall be accompanied by the fee established by the city's fee schedule.
(b) The application shall not be approved unless the police chief determines that the terms of the amended permit comply with all requirements of this chapter and all other local, state, and federal laws, and the massage establishment has no outstanding violations or unpaid citations or fees. Inspection of the massage establishment may be required prior to approval of the amendment.
(c) An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required pursuant to section 5.32.090. (d) A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 5.32.120.

5.32.140 Requirements for all massage establishment facilities and operations. (a) Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city:
(1) No massage establishment shall be kept open for business between the hours of ten p.m. of one day and eight a.m. of the following day. A massage begun any time before ten p.m. must nevertheless terminate at ten p.m. The owner of an establishment may apply to the police chief for an exception to open prior to eight a.m. The police chief shall establish criteria by which the exception shall be reviewed. (2) The hours of operation of the massage establishment shall be displayed in a conspicuous public place in the reception and/or waiting area and in any front window clearly visible from outside of the massage establishment.

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(3) Patrons and visitors shall be permitted in the massage establishment only during the hours of operation.
(4) During the hours of operation, patrons shall be permitted in massage therapy rooms only if at least one duly authorized certified massage professional is present on the premises of the massage establishment. Patrons shall not be permitted in any employee break room on the premises.
(5) During the hours of operation, visitors shall not be permitted in massage therapy rooms except as follows:
(A) The parents or guardian of a patron who is a minor child may be present in the massage therapy room with that minor child;
(B) The minor child of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the child; or (C) The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person. (6) During the hours of operation, except as otherwise provided herein, no visitors shall be permitted in massage therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or toilet rooms.
(7) Except for a patron who is inside a massage therapy room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.
(8) A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as may be convenient. No massage establishment operator shall permit, and no person employed or retained by the massage establishment shall offer to perform any services or request or demand fees other than those posted.
(9) The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with the enforcement of this chapter.
(10) All massage services and all tips, if any, shall be paid for in the reception area.

Massage establishments may utilize a system where tip envelopes are provided in the treatment rooms to be utilized and deposited by the client in the reception area. (11) All owners and operators are expected to comply with the city's Wage Theft Prevention Policy (CP-17-01) adopted by city council on July 26, 2017.

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(12) Monitors and any electronic recording equipment for any security system are prohibited in the massage therapy rooms.
(13) A massage table or professional massage chair specifically designed for seated massage shall be used for all massage therapy, with the exception of "Thai," "Shiatsu," and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen inches. (14) Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes, which may be shown by circumstantial evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils, or food in excess of a business establishment's normal requirements.
(15) No massage table or professional massage chair may be modified from its intended purpose.
(16) Main entry door and reception and waiting area required. One main entry door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the main entry door. Unless the massage establishment is a sole proprietorship or a home occupation with one or no other employees, the main entry door shall be unlocked at all times during business hours. (17) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. Premises shall provide clear viewing into the lobby that is at least four feet in height starting not higher than two feet from the finished floor. (18) Patrons' genitals and female patrons' breasts must be fully draped at all times while any individual employed or retained by the massage establishment is in the massage room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals or anal region of a patron, or of a female patron's breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider. (19) No alcoholic beverages shall be sold, served, or furnished to any patron or visitor; nor shall any alcoholic beverages be consumed, kept, or possessed on the premises of a massage establishment.
(20) No birth control device or aid, including, but not limited to, condoms, shall be stored, kept, or distributed on the premises of a massage establishment. (b) Physical Facility and Building and Fire Code Requirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city:

City of Morgan Hill
Ordinance No. 2366, New Series

(1) All interior doors, including massage therapy rooms or cubicles, but excluding individual dressing rooms, showers, and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner massage therapy rooms or cubicles.
(2) Minimum lighting equivalent to at least one forty-watt light shall be provided in each massage therapy room or cubicle.
(3) All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons' valuables, and each patron shall be given control of the key or other means of access.
(4) The massage establishment shall comply with all applicable state and local building and fire codes as adopted in Title 15 of this code.
(c) Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city:
(1) The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables or chairs shall be covered with a clean sheet or other clean covering appropriate to the equipment for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle, or directly into a washing machine, and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty degrees Fahrenheit for not less than fifteen minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. A certified massage professional engaged in the practice of outcall massage shall carry a sufficient quantity of clean and sanitary towels, sheets, and linens to comply with the requirements.
(2) All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises has been or will be open and such facilities in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(3) All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(4) Unless otherwise licensed under state or local law, no invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to:
(A) Application of electricity that contracts the muscle;

City of Morgan Hill
Ordinance No. 2366, New Series

(B) Penetration of the skin by metal needles;
(C) Abrasion of the skin below the nonliving, epidermal layers; (D) Removal of skin by means of any razor-edged instrument or other device or tool; (E) Use of any needle-like instrument for the purpose of extracting skin blemishes; and
(F) Other similar procedures.
(5) All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be laundered after each use pursuant to subsection (c)(1) of this section. (6) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be fully disinfected after each use. (7) No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one patron, or shall be fully disinfected after each use.
(d) Attire and Physical Hygiene Requirements. The following attire and physical hygiene requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage for the massage establishment:
(1) No person shall dress in:
(A) Attire that is transparent, see-through, or substantially exposes the person's undergarments;
(B) Swim attire, unless providing a water-based massage modality approved by the CAMTC;
(C) A manner that exposes the person's chest, breasts, buttocks, or genitals; (D) A manner that constitutes a violation of Section 314 of the California Penal Code. (2) No massage establishment operator, employee, or visitor shall, while on the premises of a massage establishment or while performing any outcall massage service, and while in the presence of any patron, customer, employee or visitor, expose his or her chest, breast, buttocks, or genitals.
(3) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage to a patron. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.
(4) No massage establishment shall store undergarment clothing.

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(e) Display of Permit and Certifications.
(1) The massage establishment permit shall be displayed in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment.
(2) Each person employed or retained by a massage establishment to perform massage in or on the premises or through an outcall massage service shall display on his or her person the original, valid current photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card and the person's original CAMTC certificate shall also be displayed in an open and conspicuous place visible from the main entry door and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (f) Display of Human Trafficking Notices. The massage establishment shall comply with the requirements in California Civil Code Section 52.6 related to the posting of information for victims of human trafficking.
(g) Home Occupation and Outcall-Only Businesses—Exemptions. (1) Where a certified massage establishment is a home occupation, and the operator has complied with the provisions of Section 18.92.060 of this code pertaining to home occupations, the provisions of subsections (a)(2), (b)(1)—(3), and (b)(6) of this section shall not apply, and the portions of the residence subject to the requirements of subsections (b) and (c) of this section shall be only those portions that are used at any time by the patron of the massage establishment.
(2) For massage establishments that provide outcall-only services and have no fixed location for performing massage, provisions of this section related to businesses with fixed locations shall not apply. Specifically, the provisions of subsections (a)(2)—(9), (b)(1)—(4), (b)(6)—(8), (c)(2) and (7), (e)(1), and (f) of this section shall not apply to outcall-only establishments.

5.32.150 Massage establishment inspections.
(a) The inspector shall have the right to enter any massage establishment, other than an establishment providing outcall-only services, during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter. Inspectors shall have access to all areas of the massage establishment, including, but not limited to, drawers and cupboards used for storage. Identification may be requested of any employee within the establishment who is not displaying a CAMTC identification card. Photographs and digital and video recordings may be taken by the inspector to document the violations. For home occupations, reasonable inspection shall be limited to the portions of the residence open to patrons. (b) For those violations which may be corrected, the massage establishment operator shall take immediate action to correct each violation noted by the inspector. A reinspection will be performed to ensure that each violation noted by the inspector has been corrected. .

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5.32.160 Violations—Moratorium.
(a) For the purpose of enforcing the requirements of this chapter, all owners and operators of the massage establishment shall be jointly and severally responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services on behalf of the massage establishment. (b) In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Sections 5.32.170 and

5.32.180 . Upon issuance of a final order by the police chief, city manager or hearing officer to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than five years ("the moratorium period"). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the five-year prohibition shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll.
(c) In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected.
(d) Notwithstanding any other provision of this chapter, where a notice of revocation or suspension has been issued to the operator of a massage establishment pursuant to Section

5.32.180 of this chapter, the police chief shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such notice of revocation or suspension is dismissed; or a final determination is made pursuant to that section that the current operator's massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired.

5.32.170 Revocation or suspension.

All massage establishment operators shall be deemed to know and understand the requirements and prohibitions of this chapter. Any massage establishment permit issued pursuant to this chapter may be suspended or revoked after a hearing, where findings are made that any of the following have occurred on even a single occasion:
(a) The permittee or any person employed or retained by the massage establishment has violated any provision of this chapter, the California Business and Professions Code Sections 4600 et seq., or any local, state, or federal law. (b) The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a

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jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.
(c) The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code. (d) The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.
(e) The permittee or any person employed or retained by the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment. (f) The permittee has continued to operate the massage establishment after the massage establishment permit has been suspended.
(g) The CAMTC license has been suspended or revoked of a licensed CAMTC massage therapist owner or operator.
(h) Massage has been performed on the premises of the massage establishment, with or without the permittee's actual knowledge, by any person who is not a duly authorized, in good standing CAMTC-certified massage professional.
(i) A person who is not a duly authorized CAMTC-certified massage professional has provided outcall massage services through or on behalf of the massage establishment. (j) There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee. (k) The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in the patron's position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron's genitals, or anal region. (l) The permittee or any person employed or retained by the massage establishment has engaged in sexually suggestive advertising related to massage services on the premises of the massage establishment, including, but not limited to, displaying photographs of individuals clothed in swim attire, or attire that is transparent, see-through or substantially exposes the individual's undergarments, breasts, buttocks, or genitals, describing massage services as "erotic," "sensual" or similarly sexual in nature, listing advertisements in adult media, or describing the appearance or age of massage providers.
(m) If the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the

City of Morgan Hill
Ordinance No. 2366, New Series

California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

5.32.180 Hearing for revocation or suspension.
(a) The police chief shall give written notice of the proposed revocation or suspension of any permit granted pursuant to this chapter to the permittee. The notice shall set forth the date that the revocation or suspension is effective, the time and place of the informal meeting with the Police Chief, the ground or grounds upon which the revocation or suspension is based, the pertinent code sections, and a brief statement of the factual issues in support thereof. The notice shall be mailed to the permittee at the business address, or it shall be delivered to the permittee personally, at least ten business days prior to the effective date of the suspension or revocation, unless immediate revocation is necessary to protect the public health and safety, such as criminal activity resulting in the arrest of one or more individuals at the massage establishment or building code violations that render the massage establishment unsafe to occupy.
(b) No appeal may be taken to any such administrative decision made by the police chief pursuant to the provisions of this chapter unless such decision to appeal has been first taken up with the police chief. This shall be an informal meeting to allow the permittee to provide evidence that the permit should not be suspended or revoked. (c) Failure to attend an informal meeting with the Chief shall be deemed a forfeiture of any right to appeal the decision to suspend or revoke a permit. (d) Within ten business days of the informal meeting, the police chief shall render his or her decision in writing, stating his or her findings and the action taken, if any. The decision letter shall be mailed to the permittee at the business address or it shall be delivered to the permittee personally. The decision letter shall include the information of the right to appeal. (e) The permittee may appeal the decision to suspend or revoke a massage establishment permit by filing a written notice of appeal with the city manager, within ten days from the deposit of the decision letter in the mail or its receipt by the permittee, whichever occurs first, specifying in detail the ground or grounds for the appeal. (f) The city manager shall set a time and place for the hearing on the appeal not less than fifteen days and not more than sixty days from the date the appeal was received by the city manager, and shall give at least five days’ written notice by mail to the permittee of the date, time, and place for the hearing. The hearing shall be conducted in accordance with Section 5.32.190.
(g) After the hearing on the appeal, the hearing officer may refer the matter back to the police chief for a new investigation and decision, may affirm the decision of the police chief, may dismiss the disciplinary action, or may revoke or suspend the permit. The permittee will be notified by the city manager. The decision of the hearing officer upon such appeal shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.

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(h) The notices provided to the massage establishment pursuant to this section may also be sent to the owner of the premises where the massage establishment is located. However, failure to provide notice to the property owner shall not invalidate any actions taken by the city.

5.32.190 Hearing rules.

The following rules shall apply to any hearing required by this chapter. (a) The city manager may hear the appeal, or designate a city employee or third party to act as the hearing officer.
(b) All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and crossexamine witnesses. (c) Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. (d) The hearing officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing. (e) A continuance may be granted for good cause if the party seeking the continuance has made a good faith effort to prevent the recurrence of the incident that led to the notice of intent to revoke or suspend.
(f) If the police chief submits an additional written report concerning the revocation or suspension to the hearing officer for consideration at the hearing, then a copy of this report also shall be mailed to the person requesting the hearing at least five days prior to the date of the hearing. Any administrative citation, revocation or suspension letter, and any additional report submitted by the police chief shall constitute prima facie evidence of the respective facts contained in those documents. (g) The standard of proof shall be by a preponderance of the evidence. (h) Failure to attend an appeal hearing is grounds for dismissal of the appeal and constitutes a failure to exhaust the administrative remedies.

5.32.200 Violations unlawful and a public nuisance—Penalties, nuisance abatement, and other remedies.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or under state law.

Section 2. Severability. Should any provision of this ordinance be deemed unconstitutional or unenforceable by a court of competent jurisdiction, such provision shall be severed from the ordinance, and such severance shall not affect the remainder of the ordinance.

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Section 3. Effective Date; Posting. This Ordinance shall take effect on the 31st day following adoption. The City Clerk is hereby directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933.

THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE CITY COUNCIL HELD ON THE 21ST DAY OF MAY, 2025, AND WAS FINALLY ADOPTED AT A MEETING OF THE CITY COUNCIL HELD ON THE 4TH DAY OF JUNE, 2025,

AND SAID ORDINANCE WAS DULY PASSED AND ADOPTED IN ACCORDANCE WITH LAW BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
______________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk

CERTIFICATE OF THE CITY CLERK

I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 2366, New Series, adopted by the City Council of the City of Morgan Hill, California at their regular meeting held on the 4th day of June, 2025.

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

DATE: _____________________ _____________________________ MICHELLE BIGELOW, City Clerk

5 CITY COUNCIL STAFF REPORT
MEETING DATE: June 4, 2025
PREPARED BY:

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager

APPROVE COUNTY OF SANTA CLARA FISCAL AGENT SERVICE

AGREEMENT

RECOMMENDATION(S)

1. Approve the FY 25-26 Fiscal Agent Service Agreement with the County of Santa Clara in the amount of $399,543; and

2. Authorize the City Manager to execute and administer the Fiscal Agent Service Agreement with the County of Santa Clara, with the option to extend the contract for up to four additional one-year terms in amounts to be approved by the County of Santa Clara Recycling and Waste Reduction Commission as part of their annual budget approval process.

COUNCIL PRIORITIES, GOALS & STRATEGIES
Advancing Regional Initiatives
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to consider entering into a second Fiscal Agent Service Agreement with the County of Santa Clara (County) to provide fiscal agent services to the Countywide Solid Waste Services (CSWS) Program for FY 25-26. In July 2021, the City became the County Recycling and Waste Reduction Commission (Commission) Technical Advisory Committee (TAC) Administrator and Contracting Agent. In 2021, the City entered into contract with the County, so that the County could retain the role of fiscal agent for the Commission. The County's fiscal agent services include the collection of the County solid waste planning fees as well as managing and reporting to the State on various aspects of Countywide solid waste and diversion efforts.

In March 2022, the City Council authorized the City Manager to authorize up to four one-year extensions of the term of the County Fiscal Agent Service Agreement. In June 2025, the third one-year extension will be completed. A new Fiscal Agent Service Agreement is proposed for FY 25-26 to account for a change in the scope of work that will enable the County to continue to provide fiscal agent services to the Commission, TAC, and Implementation Committee along with new work related to the collection and management of Food Recovery Program fees from jurisdictions throughout Santa Clara

5 County.

COMMUNITY ENGAGEMENT:

Not Applicable
This work supports a regional program and will not result in direct impacts to the Morgan Hill community. No community engagement activities were conducted prior to this meeting, and no engagement activities on this work are planned after this meeting.

ALTERNATIVE ACTIONS:

The City Council could decline to approve the Fiscal Agent Service Agreement, but this is not recommended as the CSWS Program would not have a fiscal agent to collect solid waste planning fees from participating county jurisdictions and special districts.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Although no action has previously been taken on this new Fiscal Agent Service Agreement, Council has previously taken action on the original Fiscal Agent Service Agreement executed with the County of Santa Clara for FY 21-22:
• On March 3, 2021, the City Council authorized the City Manager to execute an agreement with the County of Santa Clara for Fiscal Agent and Related Planning Services.
• On March 2, 2022, the City Council approved the First Amendment to the FY 21- 22 Fiscal Agent Service Agreement with the County of Santa Clara increasing the original amount of the agreement by an additional $156,659. • The FY 23-24 and FY 24-25 Fiscal Agent Service Agreements were entered into administratively under the contract which allowed for up to four one-year extensions of the contract term.

FISCAL AND RESOURCE IMPACT:

There would be no impact to the City's General Fund (010) as this contract would be funded by CSWS Fund 246.

CEQA (California Environmental Quality Act):

Not a Project
The activities associated with this item are administrative activities that will not result in direct changes to the physical environment.

1 Updated August 2024

SERVICE AGREEMENT

COUNTYWIDE SOLID WASTE FISCAL AGENT SERVICES
THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, in its capacity as contracting agent on behalf of the Recycling and Waste Reduction Commission (RWRC) Technical Advisory Committee ("CITY"), and County of Santa Clara, a political subdivision of the State of California, a California corporation ("SERVICE PROVIDER") hereinafter referred to each individually a “PARTY” and collectively as the “PARTIES.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

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

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2026 at which time SERVICE PROVIDER’S services shall be completed.

The Parties, upon mutual agreement, are authorized to extend the term of this Agreement for up to four additional one-year terms. Any such extension shall be in writing and signed by both Parties to this Agreement. The costs for any such one-year extension shall be determined pursuant to Section IX.D of the June 4, 2013 of the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“June 4, 2013, MOA”), as amended, attached hereto as Exhibit D.

3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be Fiscal Agent for Countywide Solid Waste Activities as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $399,543.06. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed Three Hundred Ninety-Nine Thousand Five Hundred Forty Three dollars and Six cents, and shall be billed based on the rate and basis set forth in Exhibit B. If the Parties extend the term of this Agreement pursuant to the provisions of Section 2 above, the compensation for any such one-year extension shall be determined pursuant to Section IX.D of Exhibit D. Payment to SERVICE PROVIDER is subject to annual availability of RWRC funds.

4.2. Billing. SERVICE PROVIDER shall provide CITY with an invoice, which includes an accounting summary containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a quarterly basis unless otherwise specified in Exhibit B. All accounting summaries shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Invoices shall be sent to CITY no later than the 15th day of the second month of each quarter for the first three quarters (8/15/25; 11/15/25 and 2/15/26), and by 8/31/26 for the fourth quarter. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any quarterly rate charge should be prorated when services were interrupted or provided for only part of the quarter). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one half 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 Recycling and Waste Reduction Commission Implementation Committee’s judgment were necessary and reasonable.

2 Updated August 2024

4.3. Compensation for Additional Services. Prior to performing any services not included in the Scope of Services in Section 3 above and in excess of the total compensation set forth in Section 4.1, CITY and SERVICE PROVIDER must execute a mutual written agreement consistent with Section 20, below, specifying the scope of and compensation for the additional work.

5. Termination. CITY or SERVICE PROVIDER 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, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additional compensation to SERVICE PROVIDER. 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 services to be provided under this Agreement, CITY will immediately notify SERVICE PROVIDER of such occurrence, the Parties shall meet and confer to negotiate an amendment to this Agreement, including an amendment to the scope of services, for services to be provided under an amount within the reduced appropriated or available funds. Nothing in this section is intended to relieve CITY from its obligation to pay for services already provided by SERVICE PROVIDER.

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER’S profession.

By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. SERVICE PROVIDER 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.

7. Insurance Requirements. SERVICE PROVIDER 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 SERVICE PROVIDER, 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 selfinsured retentions must be declared to and approved by CITY. SERVICE PROVIDER further understands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of CITY.

7.1. Insurance Types and Amounts.

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7.1.1. Commercial General Liability (CGL). SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.2. Workers’ Compensation Insurance and Employer’s Liability. SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

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

7.3. Certificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER’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 non-compliance with any insurance requirements in this section 8. 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

7.4. Evidence of Insurance. SERVICE PROVIDER may meet the above insurance requirements through programs of self-insurance and excess insurance.

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

9. Compliance with Law.

9.1. SERVICE PROVIDER 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. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon

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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: SERVICE PROVIDER, 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 SERVICE PROVIDER and/or its subcontractors: BY SIGNING THIS

AGREEMENT, SERVICE PROVIDER 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 SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. SERVICE PROVIDER FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER 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.

SERVICE PROVIDER 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. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where SERVICE PROVIDER 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, CITY reserves the right to withhold payment to SERVICE PROVIDER 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

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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. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.

11. California Public Records Act. SERVICE PROVIDER is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If CITY’S proprietary information is contained in documents or information submitted to SERVICE PROVIDER, and CITY claims that such information falls within one or more CPRA exemptions, CITY must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing this information. In the event of a request for such information, COUNTY will make best efforts to provide notice to CITY prior to such disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before SERVICE PROVIDER is required to respond to the CPRA request. If CITY fails to obtain such remedy within the time the SERVICE PROVIDER is required to respond to the CPRA request, SERVICE PROVIDER may disclose the requested information.

CITY further agrees that it shall defend, indemnify and hold SERVICE PROVIDER harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees and attorney’s fees) that may result from denial by SERVICE PROVIDER of a CPRA request for information arising from any representation, or any action (or inaction), by CITY.

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

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

Address of SERVICE PROVIDER is as follows:

County of Santa Clara
Integrated Waste Management Services
Consumer and Environmental Protection Agency
1553 Berger Drive, Bldg. #1
San Jose, CA 95112
Address of CITY is as follows:

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Kathryn Pisano, TAC Admin
City of Morgan Hill
17575 Peak Ave.

Morgan Hill, CA 95037
with a copy to:

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

14. Maintenance of Records.

14.1. Maintenance. SERVICE PROVIDER 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. SERVICE PROVIDER 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 SERVICE PROVIDER shall retain said records until such action is resolved.

14.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER 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 CITY or as part of any audit of 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.

14.3. Ownership of Work Product. All documents or other information developed or received by SERVICE PROVIDER for work performed under this Agreement shall be the property of Recycling and Waste Reduction Commission Implementation Committee. SERVICE PROVIDER shall provide CITY, with copies of these items upon demand or upon termination of this Agreement, in its capacity as contracting agent for the Recycling and Waste Reduction Commission Technical Advisory Committee.

15. Familiarity with Work. By executing this Agreement, SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER'S risk, until written instructions are received from CITY.

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

17. No Assignment. Neither party to this Agreement shall assign any portion of this Agreement without prior written consent of the other party. Any party’s attempted assignment without prior approval of the other party shall be void.

18. Third Party Beneficiaries. Unless otherwise explicitly specified in this Agreement, this Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties.

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19. Defense and Indemnification.

19.1. CITY shall defend, indemnify and hold SERVICE PROVIDER, its officers, employees, and agents harmless from any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion and to the extent such liability, loss, expenses, attorneys’ fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CITY, its officers, agents or employees.

19.2. SERVICE PROVIDER shall defend, indemnify and hold CITY, its officers, employees, and agents harmless from any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion and to the extent such liability, loss, expenses, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of SERVICE PROVIDER, its officers, agents or employees.

20. 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 SERVICE PROVIDER. 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.

21. 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.

22. 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.

23. 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.

24. 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 SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

25. Notice Of Security and/or Privacy Incident. If SERVICE PROVIDER, or its subcontractor, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to financial or other confidential data provided by CITY to SERVICE PROVIDER in the course and scope of this AGREEMENT (such as data provided during audits, budget approval, and workplan process), SERVICE PROVIDER shall make reasonable efforts to notify CITY of such incident or potential breach within forty-eight (48) hours from suspicion, discovery or notification of the incident or potential breach. SERVICE PROVIDER, upon CITY’s request, shall take reasonable steps to 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,

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SERVICE PROVIDER shall provide CITY with any reasonable assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any such privacy incident or security breach to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies.

If CITY, or its subcontractor, suspect, discover or are notified of a data security incident or potential breach of security and/or privacy relating to financial or other confidential data provided by SERVICE PROVIDER to CITY in the course and scope of this Agreement (such as data provided during audits, budget approval, and workplan process), CITY shall make reasonable efforts to notify SERVICE PROVIDER of such incident or potential breach within forty-eight (48) hours from suspicion, discovery or notification of the incident or potential breach. CITY, upon SERVICE PROVIDER’S request, shall take reasonable steps to investigate such incident or potential breach, inform the SERVICE PROVIDER of the results of any such investigation, and assist the SERVICE PROVIDER in maintaining the confidentiality of such information. In addition to the foregoing, CITY shall provide SERVICE PROVIDER with any reasonable assistance necessary to comply with any state and/or federal laws requiring the provision of notice of any such privacy incident or security breach to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies.

26. Electronic Signatures. Unless otherwise prohibited by law, SERVICE PROVIDER, 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 and SERVICE PROVIDER.

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

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28. 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
Date: Date:

APPROVED AS TO FORM: COUNTY OF SANTA CLARA
City Attorney Deputy County Executive
Donald A. Larkin Sylvia Gallegos
Date:______________________________ Date:_______________________________ APPROVED AS TO FORM:

Deputy County Counsel
Willie Nguyen
Date:______________________________ Signed and certified that copy of this document has been delivered by electronic
or other means to the President, Board of
Supervisors.

Attest:

Megan Doyle Date
Clerk of the Board of Supervisors

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EXHIBIT A

SCOPE OF SERVICES
The SERVICE PROVIDER shall provide the following services:

A. Core Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the Solid Waste Planning Fee (“SWPF”) from all solid waste disposal facilities and nondisposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the Implementation Committee (“IC”) apprised of the amount and entity owing delinquent payments, as well as the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep Countywide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing Countywide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use of transfer and funds except in accordance with the Annual Workplan and Budget approved by the IC and the Recycling and Waste Reduction Commission (Commission), or as otherwise directed by the IC. The Fiscal Agent shall transfer Countywide Funds to the Contracting Agent as directed by the IC, in accordance with the procedures in Attachment 5 of the Agreement creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) as executed on June 4, 2013 and amended on December 12, 2023. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the TAC Administrator and the Contracting Agent.

B. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (i.e., numerical reference and narrative description.) The Year-End Budget Report shall be submitted to the IC on or before October 31st of each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.

C. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year. The Fiscal Agent may utilize the CPA form retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY’S annual audit. In such event, the results of the audit of the Countywide Funds and accounts shall be clearly and separately called out in the CPA’s audit report. The results of the audit shall be reported to the IC on or before January 15th every other year.

D. Evaluation of the Fiscal Agent. Each year the Fiscal Agent shall prepare a self-evaluation, along with the Year-End Budget Report, for submittal to the IC. The self-evaluation shall include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the YearEnd Budget Report. The IC will review the report at the regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with the requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any changes, based on requirements of this Agreement, to

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operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Fiscal Agent.

E. Countywide Solid Waste Planning Activities required by State Law. The Fiscal Agent will also perform additional solid waste planning activities required by State Law and typically completed by County agencies including:
a. Disposal reporting;
b. Non-disposal facility element updates; and
c. Other responsibilities in waste management planning which are mandated by State law under the Integrated Waste Management Act of 1989 and other legislation and regulations Compensation for the Fiscal Agent’s performance of these additional solid waste planning activities shall be included in the proposed costs that the Fiscal Agent shall provide to the TAC Administrator under Section IX.D of Exhibit D. Costs for the performance of these additional solid waste planning activities shall be paid with Countywide Funds, as those funds are defined in Exhibit D.

F. Other Contracts Managed by Fiscal Agent. Fiscal Agent shall manage the contract listed below and has the authority under this Agreement to pay directly for those contracts. The CITY shall reimburse Fiscal Agent for payments that Fiscal Agent made directly for those contracts in amounts not to exceed the following for each respective contract:

No contracts for FY26.

G. Food Recovery Program Responsibilities of the Fiscal Agent.

The Fiscal Agent will collect and transfer funds from the Parties for implementation of the Countywide Food Recovery Program per the Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program as defined in Exhibit E.

The Countywide Food Recovery Program Funds will be segregated from the Countywide Solid Waste Program Funds in separately numbered and coded accounts that are readily identifiable as those containing Countywide Food Recovery Program Funds or Countywide Solid Waste Program Funds. The Fiscal Agent shall not expend, use or transfer any funds except in accordance with the annual work plan and budget.

Annual Food Recovery Duties:
• The Fiscal Agent will calculate the annual invoice using base costs and enhancements selected by the Jurisdiction as well as Fiscal Agent program costs. • The Fiscal Agent will annually submit to the Parties an invoice for the jurisdictional contribution amounts due under this MOU by May 15th of each year.
• The Fiscal Agent will receive jurisdictional payments or follow-up with jurisdictions to collect the invoice amount within ninety (90) calendar days of receipt • The Fiscal Agent will ensure that the Santa Clara County Food Recovery Program Fund account is segregated from the Solid Waste Program Fee Fund account managed pursuant to the TAC MOA.
• Fiscal Agent will provide the City a Fund Transfer amount provided by jurisdictional contributions including the Fiscal Agent administrative costs.

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• The Fiscal Agent will provide IC with an update on the status of Jurisdictional payments in June, July, and August.
• In order to calculate the program costs for the following year, the Fiscal Agent shall provide the TAC Administrator with the proposed costs to perform these duties listed above by August 30th of each year

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EXHIBIT B

SCHEDULE OF COMPENSATION RATES
Payment for Services.

Compensation for the first year of this Agreement’s Fiscal Agent Services (FY 25/26) shall not exceed the budget of $399,543.06, which was approved by the Recycling and Waste Reduction Commission (RWRC) at is May 8, 2025 meeting, and is estimated as follows:

Item Amount
Staff Services $257,089.94
Indirect Costs, Services and Supplies $123,427.26
Miscellaneous Costs (previously 5%) $ 19,025.86
TOTAL FY 25-26 Fiscal Agent Agreement $399,543.06**
Compensation for future years shall be based on the proposed costs submitted by the County of Santa Clara to the Implementation Committee by September 15th of each year. The proposed costs will be reviewed by the IC as part of the review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs, the Chair of the IC and the TAC Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Work Plan and Budget by the IC and the RWRC, the Contracting Agent will prepare an amendment to this agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year.

Prior to performing any services for work performed and expenses incurred beyond the Scope of Services in Section 3 of this Agreement, and in excess of the total compensation set forth in Section

4.1 of the Agreement, CITY and SERVICE PROVIDER must execute a mutual written agreement consistent with Section 22 of the Agreement, specifying the scope of and compensation for the additional work.
**The Fiscal Agent services are approved in the FY 25-26 budget for $399,543.06, of which $393,063.06 will be paid by County Solid Waste Program Fees (SWPF) and the remaining balance of $6,480.00 will be paid by the Food Recovery Program Participating Jurisdictions’ Contributions collected by the Fiscal Agent for FY 25-26. The $6,480.00 is the County’s FRP Administration fee to act as Fiscal Agent (FA) for the Food Recovery Program (FRP), and as stated above will be funded by the FRP’s participating jurisdictions’ contributions to the FRP base program and any enhancement service costs. The FA will collect each participating jurisdictions’ contributions to the FRP base program and any enhancement service costs, and make payment to the CITY no later than thirty (30) calendar days after receiving the CITY’S Request for Fiscal Year (FY) Food Recovery Program Transfer requests.

Payment Schedule
Quarter Deadline to Submit Invoice Payment Amount
Qtr #1: July-Sept 2025
(25% of total amt)
August 15, 2025 $99,885.77
Qtr #2: Oct-Dec 2025
(25% of total amt)
November 15, 2025 $99,885.77
Qtr #3: Jan-Mar 2026
(25% of total amt)
February 15, 2026 $99,885.77
Qtr #4: Apr-June 2026
(25% of total amt)
August 31, 2026 Reconciled remaining balance

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EXHIBIT C

SCHEDULE OF PERFORMANCE
The following describes the major tasks to be completed as detailed in Exhibit A. These tasks shall be completed pursuant to the schedule specified in the Annual Workplan approved for each year of the Agreement.

1. Collection of Fees, including management of delinquent payments and reporting compliance

2. Collections and Receipt of other Funding Sources
a. Food Recovery Program

3. Core Accounting and Recordkeeping

4. Transfer of Funds to Contracting Agent/CITY per the below schedule:

Quarter Payment Date
First Quarter (July - September) August 15th
Second Quarter (October – December) November 15th
Third Quarter (January-March) February 15th
Fourth Quarter (April – June) May 15th

5. Quarterly and Annual Budget Reports

6. Biennial Audit

7. Annual Self-Evaluation

8. Annual Cost Estimate for Following Fiscal Year

9. Additional Solid Waste Planning Activities required by State Law, including:
a. Disposal Reporting;
b. Non-disposal facility element updates;
c. Other responsibilities in waste management planning and contract management which are mandated by State law under the Integrated Waste Management Act of 1989 and other legislation and regulations

Approved: 12/12/2023

EXHIBIT D

First Amendment to MOA revised 7-18-23 Page 2 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
herein as Exhibit “1” shall remain in full force and effect except that the following amendment shall be made as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended and replaced in its entirety by the following:
“C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.

1. Definitions:

Satellite Locations: Satellite Locations are defined in paragraph 2 below and include designated locations that will be determined in advance by the TAC in consultation with the Administrator.

Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not include previously designated Satellite Locations and must be approved in advance by the Administrator.

2. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and posting the members’ Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator.
3 Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology, provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements, including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member’s separate Auxiliary Teleconference Location on the notice and agenda. The member shall comply with all Brown Act teleconferencing requirements.

In such event, the member will notify the Administrator at least seven (7) days in advance of the meeting and request to attend from an Auxiliary Teleconference Location. The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible, the Administrator will comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC’s jurisdiction.

The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location.

DocuSign Envelope ID: 50EB0D93-AE32-4CFA-89CD-94F28F168CDB

First Amendment to MOA revised 7-18-23 Page 3 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum; however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum.

Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location attendance at meetings is strongly preferred and encouraged.

2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal.

4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying a verified electronic signature using technology approved by the County.

5. The signatories to this FIRST AMENDMENT warrant and represent that each is authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this FIRST AMENDMENT.

6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 50EB0D93-AE32-4CFA-89CD-94F28F168CDB

First Amendment to MOA revised 7-18-23 Page 5 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
CITY OF GILROY, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Jimmy Forbis Name: Andy Faber
City Administrator City Attorney
CITY OF LOS ALTOS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Gabriel Engeland Name: Jolie Houston
City Manager City Attorney
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Peter Pirnejad Name: Steve Mattas
Town Manager Town Attorney
TOWN OF LOS GATOS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Laurel Prevetti Name: Gabrielle Whelan
Town Manager Town Attorney
Date:___________
By:___________________________________
Name: Wendy Wood, Town Clerk
CITY OF MILPITAS, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ DocuSign Envelope ID: ECAE7356-667A-44FA-B0C6-F77EB06ADDB6 12/1/2023
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First Amendment to MOA revised 7-18-23 Page 6 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
Name: Ned Thomas Name: Michael Mutalipassi
Acting City Manager City Attorney
CITY OF MONTE SERENO, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Steve Leonardis Name: Kristen Powell
City Manager City Attorney
CITY OF MORGAN HILL, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Christina Turner Name: Donald Larkin
City Manager City Attorney
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Kimbra McCarthy Name: Diana Fazely
City Manager Assistant City Attorney
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Dawn Cameron Name: Derek Rampone
Public Works Director Finance Director & Administrative Services Director
CITY OF PALO ALTO, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Ed Shikada Name: Caio Arellano
City Manager City Attorney
DocuSign Envelope ID: ECAE7356-667A-44FA-B0C6-F77EB06ADDB6 11/26/2023
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DocuSign Envelope ID: D7C031C0-3ED8-49EE-9C9A-027B2D999B6E

First Amendment to MOA revised 7-18-23 Page 7 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
CITY OF SAN JOSE, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Sarah Zarate Name: Rosalia Burgueno-Tapia
Director of City Manager’s Office of Senior Deputy City Attorney Administration, Policy and
Intergovernmental Relations
CITY OF SANTA CLARA, a chartered municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Jovan D. Grogan Name: Glen R. Googins
City Manager City Attorney

CITY OF SARATOGA, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: James Lindsay Name: Richard Taylor
City Manager City Attorney
CITY OF SUNNYVALE, a municipal corporation of the State of California Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Kent Steffens Name: Rebecca Moon
City Manager Senior Assistant City Attorney
DocuSign Envelope ID: ECAE7356-667A-44FA-B0C6-F77EB06ADDB6 11/27/2023
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Date: 12/11/2023 PST
Email: [email protected]
12/11/2023
Date: 12/11/2023 PST
Email: [email protected]
12/11/2023
DocuSign Envelope ID: D7C031C0-3ED8-49EE-9C9A-027B2D999B6E

First Amendment to MOA revised 7-18-23 Page 8 of 8
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
SANTA CLARA VALLEY WATER DISTRICT, a State of California Special District Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: Rick Callender, Esq. Name: Brian Hopper
Chief Executive Officer Senior Assistant District Counsel DocuSign Envelope ID: A7CA9436-AB2C-4D1D-A9F0-BB3794822F53 12/8/2023 12/5/2023
DocuSign Envelope ID: D7C031C0-3ED8-49EE-9C9A-027B2D999B6E

I·-,

AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made·and entered into this 4 ±::~ day of JU V\ e. 2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation .of the State of California, CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO AL TO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.

All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
RECITALS:

A. In 1989, the California Legislature passed and enacted the California Integrated Waste Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste ·from disposal by 2000. AB 939 required each County to develop and periodically update . a County Integrated Wast~ Management Plan and to appoint an AB 939 Local Task Force. ·
B. Prior to 1992, the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee, also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues.

C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County.

D. On February 4, 1992, the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid Waste Commission of Santa Clara County ("Commission") in order to streamline the 5/6/13 JUN o 4 2013

TAC MEMORANDUM OF AGREEMENT
decision-making process on solid waste and recycling issues. (Ordinance No. NS300.495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.

E. On December 4, 2001, the Santa Clara County Board of Supervisors approved Ordinance No. NS-300.658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.

F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan/County Integrated Waste Management Plan.

G. The By-Laws of the Commission (also approved by the County Board of Supervisors on February 4, 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the ''TAC"). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions; and to assist in development of policies, programs and revisions and amendments to countywide plans. ' H. On an annual basis, the TAC prepares and submits an Ann.ual Workplan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then implemented by the TAC using funds in the Commission-approved Annual Budget.

I. In accordance with the AB 939,provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and c~llects the Countywide Solid Waste Planning Fee C'SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the county .and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County. The current SWPF of $0. 78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs. Such funds, including monies from the SWPF, are referred to herein as "Countywide Funds".

J. In 2011, Assembly Bill 341 ("AB 341 ") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.

K. Since the TAC was o~iginally established, the field of solid waste management and recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations. In order to achieve the statewide goal of 75% diversion, many materials currently disposed in landfills must be segregated and 5/6/13. ·• . ;; :

TAC MEMORANDUM OF AGREEMENT
processed at new facilities, and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibility measures must be implemented in order to accomplish this goal.

L. Commensurate wit_h changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring countywide public education and diversion programs included in the Commission-approved Annual Workplan and Budget where it is cost effective for the PARTIES to jointly provide such programs.

M. The. TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission-approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission-approved Annual Budget.
. N. In order to address these issues, the Commission appointed the Ad Hoc Committee for TAC Organizational Study, and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees, the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and services and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC.

0. The purpose of this Agreement is to implement the recommendations of the Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions, powers, membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions; and to simplify the reporting relationship between the Commission and the TAC. Such changes are desired by the PARTIES in order to facilitate countywide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939, SB 1016 and all other state and federal laws and regulations, and planning for the goal of zero waste in the future.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

I. PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory Committee ("TAC") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001.

A. Purposes. The purposes of the TAC are:
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TAC MEMORANDUM OF AGREEMENT
5/6/13

1. To implement the Commission-approved Annual Workplan and Budget;

2. To advise the Commission and the decision-making bodies of all· PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;

3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management, issues affecting individual communities, and solid waste and recycling issues affecting public environmental health;

4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and, thus, receive countywide approval;

5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information;

6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions, as necessary;

7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs.

8. To assist with future master planning for facilities and infrastructure, as requested by the Commission.

9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage, collection, transportation, and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and 'cradle-to-cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management; c. Proposed and/or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e. Financing and management options for creation of such infrastructure.

10. To perform other duties as directed by the Commission . . B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara, and remitted, by those facility operators, to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out-of-county disposal facilities. The amount of the SWPF is established by the Board of Supervisors based upon·input and recommendations from the Commission and the TAC Implementation Committee. Additional revenues come from grants, voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the Countywide Funds used to fund the Commission-approved Annual Workplan and Budget.
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TAC MEMORANDUM OF AGREEMENT
II. COMPOSITION
5/6/13
A. Voting members, not to exceed 27 in number, shall include:

1. One (1) staff person from each City or Town that is a PARTY

2. Three (3) staff persons from the County as follows:
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health c. One (1) to represent County interests related to integrated waste management

3. One (1) staff person from the Santa Clara Valley Water District

4. Up to eight (8) persons from non-governmental organizations appointed by the Commission as follows:
a. No more than three (3) representing for-profit industry groups and/or business organizations (however, no member shall represent a single for-profit company)
b. No more than four (4) representatives of non-profit groups that advocate for source reduction, recycling programs, sustainability, and/or producer responsibility
c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County
B. Appointment of Members. All members representing a public agency shall be redesignated annually via a letter on agency letterhead addressed to the TAC Administrator ("Administrator"). The Commission will accept requests and nominations for nongovernmental organizations to serve on the TAC. The Administrator will publish a notice in a daily local newspaper of general circulation to a minimum of two-hundred fifty thousand (250,000) people in September of every other year announcing that nominations and requests to serve are being accepted. The Administrator will take other reasonable and cost-effective measures to distribute the announcement via other media, including, but not limited to, websites, local publications and social media, to reach persons who might not see the notice in a daily newspaper. The Commission will select the non-governmental organizations to be represented on the TAC. Those organizations will, in turn, submit a letter to the Administrator designating a member and an alternate.

Members representing non-governmental organizations shall serve for a period oftwo (2) years beginning in January. At the end of that time, the Commission shall select the nongovernmental organizations to be represented on the TAC for the new two (2) year term.

The initial group of non-governmental organization representatives will be selected by the Con·1mission on or before December 31, 2013 and will begin serving their terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media, in September 2013 announcing that the Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC.

C. Alternates. Each PARTY may designate one or more alternate representative(s) to serve in the absence of the regular member. The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees, 5

TAC MEMORANDUM OF AGREEMENT
subcommittees, and ad hoc subcommittees.

D. Vacancies. Each PARTY is responsible for designatir,g a replacement for its member ifthe member can no longer serve. In the ·event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. lfa vacancy occurs with regard to a representative of a non-governmental organization, the Administrator shall notify the non-governmental organization to designate a new member. In the event the non-governmental organization declines, the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy.

E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over ·fifty percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time, the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY.

Ill. QUORUM AND VOTING
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A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting.

B. Voting. Actions of the TAC shall be taken by a majority vo_te of the members present at the meeting. Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event, the member will notify the Administrator at least ten (10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting, and allowing members of the public to participate in the meeting from the remote location along with the member. The member's vote will be counted; however, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. hperson attendance and participation at meetings is strongly preferred and encouraged.

D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its 6

TAC MEMORANDUM OF AGREEMENT
governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission-approved Bylaws are desired, the TAC may recommend such revisions to the Commission.

IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or .alternates representing a PARTY.

B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officers' terms begin with the first meeting of each calendar year.

C. Dutie$. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee {IC), and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings. The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two {2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda.

V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings. The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair.

B. Conduct of Meetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC and it$ Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff members of the individual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.

VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee {IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District {SCVWD). The PARTY'S 5/6/13 7

TAC MEMORANDUM OF AGREEMENT
5/6/13
IC representative is usually also the PARTY'S TAC representative. Each PARTY and the SCWJD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.

B. Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members. {Note: the City of San. Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent {40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. {For purposes of calculating whether or not the forty percent (40%) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCWJD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two {2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members.

Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the IC along with the dissenting opinion{s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for another IC meeting.

C. Use of Outside Contractors. The IC is responsible for selecting any consultant{s) or contractor(s) {"Outside Contractors") to perform tasks included in the Commissionapproved Annual Workplan and Budget and who are to be paid from Countywide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors. The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor{s).
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TAC MEMORANDUM OF AGREEMENT
VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.

B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A quorum is two (2) or more Subcommittee members. Subcommittees may elect a ViceChair to serve in the Chair's absence. Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC.

Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event, the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Subcommittee Chair, in consultation with the TAC Chair, may decide to re-agendize the item for discussion at another meeting.

C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcqmmittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.

VIII. TAC ADMINISTRATOR
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A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator include, but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.

B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. The IC will receive and evaluate proposal(s) and make a recommendation to the Commission on selection of an Administrator, as further described in Attachment 2.
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TAC MEMORANDUM OF AGREEMENT
5/6/13
C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff provided is described on Attachme:tot 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed. ·
D. If Administrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose function is to represent the PARTY's point of view on issues, policy and fiscal matters. The PARTY'S TAC/IC representative shall be a person who is not be involved in the work of the Administrator.

This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.

E. Contract With Administrator. All duties and responsibilities of the Administrator, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may be for a single year or for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator, containing all of the duties, responsibilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator's services. The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY 2014/15. If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to represent the Contracting Agent.

F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation ofthe Annual Workplan and Budget for fis.cal year 2014/15, the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.

The Administrator shall submit the final draft of the proposed Annual Workplan and 10

TAC MEMORANDUM OF AGREEMENT
Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator, who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget ori or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February. Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.

G. Annual Reporting and Evaluation. The Administrator shall prepare a selfevaluation/audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator, the IC may, at any time, discuss questions, concerns or issues of performance with the Administrator.

IX. FISCAL AGENT
5/6/13
A. Duties. The Fiscal Agent serves as the treasurer of the Countywide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and nondisposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments. The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep Countywide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing Countywide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer 11

TAC MEMORANDUM OF AGREEMENT
5/6/13
any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otheiwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer Countywide Funds to the Contracting Agent as direqted by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara.

The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed.

C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent, including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or both, the proposed costs to perform each _function shall be separately specified. The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be foiwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.

D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment

2. If the Fiscal Agent is also serving as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs, the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.

E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (i.e. numerical reference and narrative 12

TAC MEMORANDUM OF AGREEMENT
description). The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.

F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with.an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event, the results of the audit of the Countywide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.

G. Evaluation of the Fiscal Agent. Each year, the Fiscal Agent shall prepare a selfevaluation, along with the Year-End Budget Report, for submittal to the IC. The selfevaluation will include a description of key work tasks performed, any duties or tasks not · completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Fiscal Agent.

X. CONTRACTING AGENT
A. Duties. The Contracting Agent execute!? contracts with Outside Contractors, including the Administrator and the Fiscal Agent.(where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY,·any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
5/6/13 13

TAC MEMORANDUM OF AGREEMENT
5/6/13
In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive Countywide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all Countywide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep Countywide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as Countywide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.

B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of desjgnated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.

C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent" or both, the proposed costs to perform each function shall be separately specified.

The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs; the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues.

Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.

D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests. 14

TAC MEMORANDUM OF AGREEMENT
E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in .Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the Countywide Funds received and expended by the Contracting Agent. In such event, the Contracting Agent shall cooperate fo1lly, and in a timely manner, with persons performing the audit.

F. Evaluation of the Contracting Agent. Each year, the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the .

Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent.

XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commissionapproved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (i.e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq., but may provide such services under separate contract with any PARTY or PARTIES.

XII. OTHER AGREEMENTS OF THE PARTIES
5/6/13
A. Term of Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever 15

TAC MEMORANDUM OF AGREEMENT
occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.

8. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14. The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.

C. Counterparts. This Agreement may be executed and delivered in any number of copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.

D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended (Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, inciuding, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.

E. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI.

Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, 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 agents or employees, or in connection with or arising from 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 incurred 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 from any work, authority or jurisdiction delegated to such 5/6/13 16

TAC MEMORANDUM OF AGREEMENT
516/13
PARTY under this Agreement.

F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including, but not limited to, the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES. :<' f ;f\ . / ! i/ ! t ~
G. Amendments. This Agreement may be amended by·unan1nfo'uswritten L ', l agreement of the PARTIES. AU PARTIES agree to -~r!r:ig~~flY··Proposed ai'liendments to this Agreement to their Council or Board, as applitable'/ witf1ln three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015.

The IC may recommend amendments on a more frequent basis if desired.

H. Venue. In the event that suit shall be brought by any PARTY to this Agreement, the PARTIES agree that venue shall be exclusively vested in the state courts of the C?u~ty of Santa Clara, or. w~ere othe~is~ jie,f{i~f 1~~{V,~t~~fti1J~]~nited States District Court, Northern D1stnct of Callforn1a,\~slltil~;C?,. ,., i~flfi{~f8'i:1s~m i!Jrito 'tu .?. ic,aivisquZ
I. Attachments. Attachments 1 through 5 are attached.hereto and'lffc'orporated herein by this reference. · _________ · ·
17

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

APPROVED AS T~ORM:~
By: PRES-+, __ ---j:---+---'J"i'I----- By: ld1ud{ I~ o/5J;?t}13 Deputy County Counsel

KEN YEAGER
Signed and certified that a copy of this - ·
document has been delivered by elldronic: - or other means to the Presfdent. Board of ~
-_ -. '/ _ -n!'l _ega®Ol, - I . _ _ _ - - -
BoarrtofSupe~
5/6/13 18

TAG MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
Chair, Board of Supervisors

CITY OF CAMPBELL
Date: July 17, 2013
By{$.£~
Title: city MeE.a.g€lr

CITY OF -------
Date: ----------
By: __________ _
Name: --------- Title: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date: ------------
By: __________ _
APPROVED AS TO FORM:

By:~
Name · William ~ Selig.xnann
Title: City Attorney
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT

CITY OF CAMPBELL
Date: ---...,...-'------
By: _________ ~--
Name: Mark Linder
Title: City ManagE:)r

CITY OF CUPERTINO
Date: . ! /:;g/13
By: {!a.1;.JJ.t{Jju!tJ1rd WJ
Name: David Brandt //
Title: City Manager

CITY OF GILROY
Date: ----------
By: _________ ---,--__
Name: Thomas Haglund
Title: City Administrator

CITY OF LOS ALTOS
Date:_. __________ _
By: _________ _
Name: Marcia Somers
Title: City Manager

TOWN OF LOS ALTOS HILLS
Date: ----------
By: ______ - __ _
Name: Gari Cahill
Title: City Manager
5/6/13
APPROVED AS TO FORM:

By:_~---------
Name:
---.,--,.---- Ti tie: City Attorney
AP;;; AS~ORM: . - . I ay. 1,4 . N~nie:e{Kta<i41!df (ti1tle: City Attorney APPROVED AS TO FORM:

By_: __________ _
Name:· ·-------- Title: City Attorney
APPROVED AS TO FORM:

By: ____ - _____ _
Name: ----------- Tit I e: ---------
APPROVED AS TO FORM:

By: __________ __,
·Name: -------- Title: Town Attorney
19

TAC MEMORANDUMOFAGREEMENT
CITY OF ·CAMPBELL
Date: --"---------
l3y:_~,__---,.....,,...,.-------,-
N~me; M~r:~ L.incl.ir
Title: city M~n~g•r

CITY OF CUPERTINO
Date: ----------
B.y:,---,--________ ____
N~rnl3J Pijvir::t etandt
Title: City Manager
C!TY OF C31LRQY
·~·=== By, . .

Na.rn~= Toorrr~~ Hl9!!Jnd.

Title: City Acfrninistrator
CITY OF LOS At TOS
Date: _________ _
By:-. ---------- Name: Marcia somers
Title: City Manager . .

TOWN OF LOS ALTOS HILLS
Date: ----------
By: _________ _
Name: C~rl Cahlll
Title: City Manager
5/6/13
APPRO\/EO AS TO FORM:
fly: __________ _
· ~@r86itfAttottrey
APPROVED AS TO FORM:
fty: __ __,.,.,_--------'- Nanie: · Tltie: ·_c_it_y-Att--., o-,'t-ne_y ___ _ APPROVEO ASTO "J;ORM:
13y: c/~/f.~-
Name: /... 1 NO e
Title; City Attorney
ATTEST:

A ~ c;,tlJ--Lc)(V
City Cleric
APPROVED AS TO f=.'ORM:
av:_-_________ _ Name: -----~-- 1 it I e:
---------,.

APPROV!=D AS TO FORM:

By: __________ _
Name:

Ti tie: Town -------- Attorney
19

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors
c1TY oF Los- A,,&(os
Date: ~-q --( ~
By:/1~~
Name:£/~~~
Title: tny ~-
CITY OF _____ _
Date: ----------
By: _________ _
Name: -------- Tit I e: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATIEST:

Date: -----------
By: _________ _
APPROVED AS TO FORM:

By:-t-7"-"--="':::~~-=>t-+-=------.c=-.=----
N ame :.....:·~~~~~=:,_,i_-
Title:_~~=A--.L...l..!<~~~;.+-
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: ___________ APPROVED AS TO FORM:

By: __________ _
Chair, Board of Supervisors

CITY OF LOS ALTOS HILLS
Date: lObl.f J 20/3
By: Cal2~~~
Name : carica.IT1
Title: city Manag:er

CITY OF -------
Date: ----------
By: __________ _
Name: -------- Tit I e: ---------
516113
By: __________ _
Deputy County Counsel
ATTEST:

Date: ___________ _
By: __ ,--________ _
APPROVED AS TO FORM:

By.~,=:::. =::::,-· -- Name : Steve Mattas
Title: city Attorney
APPROVED AS To· FORM:

By: ____ --'-------
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.

COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM: ------------
By: __________ _
Chair, Board of Supervisors
CITY OF ______ _
Date: ----------
By: _________ _
Name: -------- Ti tie: ---------
5/6/13
By: __________ _
Deputy County Counsel
ATTEST:

Date:. ___________ _
By: _________ _
APPROVED AS TO FORM:

APPROVED AS TO FORM:

By:. __________ _
Name: -------- Tit I e: ---------
19

TAC MEMORANDUM OF AGREEMENT
Title: City Manager

TOWN OF LOS GATOS
Date: ----------
By: __________ _
Name: Greg Larson
Title: Town Manager

CITY OF MILPITAS

CITY OF MONTE SERENO
Name: Brian Leventhal
Title: City Manager
CITY OF MORGAN HILL ·
Date: ----------
By: __________ _
Name: Steve Rymer
Title: City Manager
(
5/6/13
Title: Town Attorney
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: Town Attorney
APPROVED AS TO FORM:

APPROVED AS TO FORM: I
Name: --------
APPROVED AS TO FORM:

By: __________ _
Name: -------- Tit I e: City Attorney
20

' r

TAC MEMORANDUM OF AGREEMENT

TOWN OF LOS GATOS
Date: ----------
By:_--,-_______ _
Name: ~reg Larson
Title: Town Manager'

CITY QF MILPITAS
Date~ ----------
By:---------- Narne:Tom Williams
Tjtle: City Manager
CITY OF MONTE SERENO .

Da.~ N~;:.~~~ By· .

Titlez City Mailc:1ger
CITY QF MORGAN Hll!.L
Date: ------------ :By:~ ________ _..;.. __
Name: Steve Rymer
Title: City Manager
.S/6/13.

APPROVED AS TO FORM:
ay: __________ _
Name: ____ ...;.;.... __ _
iitle: Town Attom.eyAPPROVED AS TO .FORM:

By: _ ___._ ______ ~ _ ___.__
N~me :. Mic::fl~~I J, Ogaz
Title: City Attorney
APPROVEDAS Td·FORM:

By:. c:,--."'8 ...... .f'~
N,~rne·:Kj rsteo Powell
Title: City Attorney
APPROVEO:AS TO FORM:

By:·_. ----------
Name·:
,---------. Title: City Attorney
20

TAO.MEMO.RANDUM·OF.AGREEMENT
TQW"f Q_F LQS '~ATOS
bate: ----------
By: _________ ..;___
N~m~r .(lr~g L~rsqn
Title} Town· Mana,ger
CJTY OF MllPITAS
Dat~:. "-----------
. B.y:_=,---------
Na.rne:·tiim ;WJ11iam$:

Title: ·Qjty IYl~ti~g~r
CITY QF MONTE $ERl=NO
Date:~. ________ _
By; ___ __,..-,-,-----___,
Name:: Brian Leventhal
Title; CiW Ma.n.a.g~_i'
CITY OF MORGAN HIL.L
Date: ·10/, £ 3
'{ ..

By:~~ Name::·~~
Title-: City Manager
5/6/13
APPROVED As TO PO.RM:
ay~------cc-=-------=--- Name: Titl~;- ,.-o-w_n_JA-. tt-o-rh_e_y ___ _ APPROVE[} AS TO FORM:

By:.,----,--'-------,---~
N~me· ·~. _ Mi_c,h~eJ.J 1 Qg~z
Title: City Attorney
APPROVED AS TO F,iQRM:
·.By: .N<' .. -,-.... -. --~--c-------
f~!~: ---------
::,p~lE: .
.fwName : tz.ell\ M
Title: City Attorney
12e.56\uf\Of\ ~o·. ee,t,;38
iO

TAC MEMORANDUM OF AGREEMENT

CITY OF MOUNTAIN VIEW
Date: '1,LV-13
By:~~~
Name:· DanieH.ich ,
Title: City Manager ·

CITY OF PALO AL TO
Date: ----------
By: __________ _
Name: James Keene
Title: City Manager

CITY OF SAN JOSE
Date: --------------
By: __________ _
Name: Norberto Duenas
Title: Deputy City Manager

CITY OF SANTA CLARA
· Oi;ite: ----------
By: _________ ~
Name: Julio J. Fuentes
Title: City Manager

CITY OF SARATOGA
Date: ----------
By: __________ _
Name: Dave Anderson
Title: City Manager
5/6/13
APPROVED AS TO FO~
By:._~..K.U.L..::...:...:....-=:J-£><;___ ___ _ Nam" : annie L Q1Jinn Title: ity Attorney · .

APPROVED AS TO FORM:
- Name: _______ _
Title: City Attorney
APPROVED AS TO FORM:

By:~----------
Name: Rosa Tsongtaatarii
Title: Senior Depvty. City Attorney
APPROVED AS TO FORM:

By:~----------
Name: Rich.c1rd E. Nosky, Jr.

Title: City Attorney ·
APPROVED AS TO FORM:

By:_. -----------
Name: Richard Taylor
Title: City Attorney
21

-- TAC MEMORANDUM ()F AGREEMENT
- CITY OFMOUNTAINVll~W- -
- - -
Da_te:-'-_ --'--------"-------'--- APPROVED ASTO FORM:

By:_-__________ ---• By: __ -'---"----'---'----'------
Name: Daniel -H. Rich Name : Jannie L. Quinn __
- Title: · City rv1anager . _ Title: City Attor~ey _ •

CITY OF PALO AL TO
APP
- . E3y:'-· ~~::....,;_::.....:::~::j:.;_.,,....;.;..,~.....:...._.;......_ .. ~~me: • .ti\. _
• -t'Ofitle: Cjty Attorney

CITY OF SAN JOSE - -
Date: ----------
By:_·----------~
Name: Norberto Duenas
Title: DE!pyty City Manager _
. CITY OF SANTA CLARA
Date: - ·-- ----------
-• By: __ ~--~----- Name: Julio J. Fuentes
Title: City Manager - - - -

CITY OF SARATOGA
' -
Date:_· -'-"-'--'--'-------,--~--------'-~
By:_•-----,---,------~-~-
Name: : Dave Anderson_
Title: · City Manager -
5/6/13 -
-APPROVEDASTO FORM:
-. By:~----,-----,-----
-. Name : Ro.sa Tso·ngtaatarii
_ Title:Sen_iorDeputy City-Attorney
APPROVED AS TO FORM:
--By: _____ ---,--~--- . · Name: Richard E. Nosky, Jr.
- _·title: City Attorney _
_ APPROVED AS TO FORM;
_- By:~---'--~----~--
Name: Richard Taylor
Title: City Attprriey
21 i"'
r
. -

TAC MEMORANDUM OFAGREEMENT

CITY OF MOUNTAIN VIEW
D.ate: ---~-----~
By:____,-.--,----,-....,,....,,-,------
Name: OanielH. Ilion
Title; Oity Manager
. CITY OF PALO ALTO
a.Y:_· ----;----.------- .Namer James Keene
Title: bity Mshager

CITYOF SAN JOSE
CiTYQF SANTA CLARA
By: ...... ·~----------- Name: .Jullo J. Fuente:s
Title: City Manager -..,.
5/6/f3
APPROVEI\lAS TO FORM:
13·, .Y, . . N;;:ime : JannJe '.l...c 'Quinn
Title: City Aftt,ir!'leY
ARPHQV~P.A$TO'fQRM:

B_y:_. -------------
Name: _______ ..,__
Title: CifyAttorney
APPRGVEP AS TQ FORM:

By:_. --------,-..,..--,,-,---,- . Name:Ri¢harci E. No$l<Y, Jr..

Title: CityArtqmE:IY ''•
APPROVED AS TO FORM:

By:_---,--......-------~ Ni:iroe:: Richarp Taylor ·
l'itlEf GJtY, Att9mey

.............. >··· ......... < ..·.··•·• >< ..................... · .. . • ____ rAc MEMORANDUM oi= AGREEMENT --

CITY OF MOUNTAIN VIEW---
By: __ ~--~------'---
Name:: Daniell-I. Rich :
- Title: C City Manager _
-CITY OF PALO AL TO · -
- Date:> ;-,.,.,.....--,--,---------,--:-,-:----------,-------,--,--- By: __ ~~-~~----
-Name: James Keene
•=_Title: ::City Manager

CITY OF SAN JOSE
_ Date:_ ............. -----------'------
By:_-_----'-------.--~--~--
Name: Norberto Duenas
Title:· Deputy City Manager
CITY OF SAl~TA CLARA _
-CITY OF ·sARATOGA
D~te: -~~..,......-~-----
By;----'-'--~--------~~---
Name: Dave Anderson
Title: City Manager
5i6II3
. . .. .. . .

APPROVED AS T(J FORM: -
By:--,'----~~------
1\lanie : Jc3rmie L. Quinn
Title: Qity Attorney -
. .

APPRov1=0 AS ·-ro FORM::_ -
. 13y:_·----'---------
· Narrie: -- --~---'-------
Jitle: City Attorney -
..
- -APPROVED AS TO FQRM:
--- By:_·---------,------
- - Name : Rosa T songtaatarii
Title: SeniOr DepµW City:Attorney
. . . }
- APPR=oVED AS TO FORM:
,-
'Jr. -
. : . . . ;"
APPROVED AS TO FORM:
.By: __________ _
Name: Richard Taylor
Title: City Attorney
21 . !

TAC MEMORANDUM QFABREEMENT

CITY OF MOUNTAINV'IEVV
Oate:. ___ ,...;.....,.;...;.,..,-;;....;........;......._...-'---'-- By:_1 -....,.........--..,,..,..--------~-
Narne: O~·rt,el H. Rich
Title: City Manager
CITY OF PALO:ALTO
Date:. · .. ,
By: _____________ _
Namet J'ames Keeme
Title:. City Manager
CITY OF SAN JOSE .

Date: __ ----'---"--'-c--'-----
'8y:--'-·. -...,..-..;.,;---.,.,..,.---"'-------'-
Nallie: Norberto IJ'uenas
Title: Depµty City M~·nager

CITY OF SANTACLARA
· Date: ---------------- By:_·-----'-'----------~-- Naoie: .Julio. J. Fuente~:; ·Title: City Manager

CITY OF SARATOGA
D. · 7 ;... 2-r·:- Z.P I ? · · - ate:'--. _______ -.1.;..__ By: 9eJ~
Name:·. Dave Anderson
Title: City Manager
5/6/H .

APPROVEGl.~S::T:0 FQR:i\,k .
··e"· :· .. ~,.:.-._-_,,...._,.___,,..,._.,......,,._-,----- Name : Jannie :L Quinn> . · .

Titre/ City Attt>meY · ·
A.RPR0\/~[Y}t$TO'FORcM:

Bv:•_.· _.....;,.._ _____________ _____
.Name: . .,.,.· ~~-......,..__,...:..--- Title:. City Attorney · By:._' ---,.,,.,.,_-. ............ ....,.............,........-,,,.,.--"- Name ': :~o$a tsongJlaatarlF · · !itle::.$enier. Deputy·City.Att~mE3f
APPROVED AS TO FORM: . ' . . . . .- . ''i
By,:,. . .. . . . .... ····· .. · . Name: 'i!phan:l E. Npsl<y,. Jr, '.'"mtlei:, · City Attome>y • . . . •,. '
APPROV.ED~S TO FORM: •• ., ,. • • ~ 1 ' • • •
=--=:::::----,·
By:, ~ ., <:::.,.

Name: Richard Tay[pr
Tjtle; CityAfforn~y
- --

TAC MEMORANDUM OFAGREEMENT

CITY OF SUNNYVALE
APPROVED AS TO FORM:

By: _ __,__u -+.....-c. -~ _~ _,.._Ll _-_...oi -~---_-_~..,,_-By: J-o,~ ~ rv--== Name Name: Joan A. Borger
Title: . Title: ·
5/6/13 22

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 1

INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:

Staff Person
Elizabeth Constantino, Program Manager II
Provides oversight of all Annual Workplan
tasks and all functions of the Administrator.

Lisa Rose, Senior Management Analyst
Coordinates the Green Business Program,
serves as staff to the Commission, and
performs various other duties.

Clifton Chew, Management Analyst
Serves as staff to the TAC, prepares state
reporting and DRS, and performs various
other duties.

Zachary DeVine, Management Analyst
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.

Sue Sherrin, Associate Management
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst
Home Composting Education Program
Coordinator
Joanne Chapa, Office Specialist Ill
5/6/13
% FTE Committed
To Administrator
Duties

0.82 FTE

0.87 FTE

0.80 FTE

0.67 FTE

0.98 FTE

1.0 FTE

0.94 FTE
23 % FTE Committed
To County
Unincorporated
Duties

0.18 FTE

0.13 FTE

0.20 FTE

0.33 FTE

0.02 FTE

0.00 FTE

0.06 FTE

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 2

SELECTION PROCESS FOR THE ADMINISTRATOR

1.Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services. The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach, legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.

2.Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced. Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.

3. Key Employee. A "key employee" includes, but is not limited to, any one of the following:
5/6/13
a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
24

TAC MEMORANDUM OF AGREEMENT
5/6/13
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies.
d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.). e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's, associations, -etc.).
25

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 3

ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET

1.Scope of Work. The proposed Annual Workplan ar:,d Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost therefore, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.

2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees.

3. Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Adr:pinistrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.

4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs.

5.Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current 5/6/13 26

TAC MEMORANDUM OF AGREEMENT
Contracting Agent, and other potential providers of these services.

6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already encumbered for contracts in progress. The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.) ?.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent. Examples include proposed sale of recycling containers or other goods at less than the purchase price (i.e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for eac.h. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval. 5/6/13 27

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 4

CODE OF ETHICAL CONDUCT

1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.

2. All members shall remain aware that the activities of the TAC are funded by fees. raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.

3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by theTAC or by any program funded by the TAC.
d. A charity, community group or non-govemmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents of the member and the member's spouse.

4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded.

5. Members .shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member's own agency.

6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room.

7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.
516113 28

TAC MEMORANDUM OF AGREEMENT

8. Members s.hall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, · donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.

9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.

10. Members shall not use their membership on the TAC for private gain.

11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
.12. Members shall not seek or accept any contract to provide services to the TAC for a period of at· least six (6) months after termination of their membership on the TAC.

13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.

14.AII members shall participate in a TAC-sponsored Ethics Training bienr:,ially.

15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
5/6/13 29

TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5

PROCEDURES FOR TRANSFER OF COUNTYWIDE FUNDS FROM FISCAL AGENT

TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES./ ,

1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.

2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following: ·
A. Direct the Fiscal Agent to transfer specific amount(s) of Countywide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.

B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstanc~s change during the year, or if there are other reasons to do so.

C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.

3. In the event the Fiscal Agent is also serving as the Ac;jministrator, the IC shall direct the Fiscal Agent to transfer funds to th_e Contracting Agent for payment of the Administrator. The Contracting Ager:,t shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.

4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of Countywide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.

5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the , Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the , Administrator, the Fiscal Agent and the Contra'cting Agent, as well as carrying out the duties of each.

6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.

7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.

8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred. 5/6/13 30

TAC MEMORANDUM OF AGREEMENT
9: At the end of the fiscal year, the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.

10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of s'uch funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures.
5/6/13 31

County of Santa Clara
Department of Agriculture and Environmental Management
Recycling and Waste Reduction Division
1555 Berger Drive Suite 300
San Jose, CA 95112
(408) 282-3180
Fax ( 408) 282-3188
DATE:

TO:

FROM:

RE:

September 2, 2014
Clerk of the Board
Lisa Rose 1--tJ
Memorandum of Agreement
http://www.ReduceWaste.org
Attached are the original, signed copies of the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee, signed by each Party to the Agreement. Please forward an executed copy to me (electronically) and I will distribute to each of the cities. Please contact me at 408-282-3166 or [email protected] if you have any questions.

Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian County Executive: Jeffrey V. Smith

EXHIBIT E

6 CITY COUNCIL STAFF REPORT
MEETING DATE: June 4, 2025
PREPARED BY:

Mario Ramirez, Police Captain
APPROVED BY: City Manager
APPROVE THE 2024 ANNUAL MILITARY EQUIPMENT USE REPORT

RECOMMENDATION(S)

1. Approve the 2024 Annual Military Equipment Use Report and the continued use of the controlled equipment contained in the report; and

2. Authorize the purchase of controlled equipment for approximately $32,581.

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

The Police Department has completed its 2024 Annual Report on Military Equipment Use and presented it at a well-publicized Town Hall Meeting on May 14, 2025 in the City Council Chambers. The Annual Report is included as an attachment for review and approval. One community member came to the Town Hall Meeting who was in support of the continued use and replacement purchases (listed in the fiscal impact section below) of the military equipment. Prior to the meeting, the Police Department received one email from a separate community member, which is attached to this staff report with the response from the Police Department.

COMMUNITY ENGAGEMENT:

On May 14, 2025, Morgan Hill Police Department held a Town Hall Meeting to discuss the 2024 Controlled Equipment Annual Report. The meeting was advertised in the 411, on the City's website, and other channels.

ALTERNATIVE ACTIONS: