Regular Meeting Agenda
City Council
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, March 16, 2022 7:00 PM
Virtual Meeting
Link to join the meeting can be found below
VIRTUAL MEETING GUIDELINES AND PUBLIC COMMENT
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed.
Physical meetings will not be in the City Council Chamber until further notice.
City Council meetings will be live-streamed on Channel 17, on the City’s website, and on the City’s Facebook page. Those members of the community that would like to participate in the meetings remotely may do so by joining the virtual meeting at:
https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#.
Public comment may be provided in the following ways:
Join the virtual City Council meeting via the link above, when public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF ZOOM TO BE
UNMUTED)
Join the virtual meeting by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
Send public comments in writing to the City Clerk at
[email protected]
* Please note that comments made on Facebook are not considered public comment.
March 16, 2022
2 CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
Per Government Code Section 54954.2
REGULAR MEETING
7:00 P.M.
PROCLAMATIONS
Proclaiming the month of March 2022 as American Red Cross Month
PRESENTATIONS
YAC Presentation - Asset #3 - Other Adult Relationships
CITY COUNCIL REPORTS
Council Member Martinez Beltran
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
OTHER REPORTS
PUBLIC COMMENT
This opportunity for public comment, is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at
March 16, 2022
3 [email protected] to receive a response. (See additional noticing at the end of this agenda)
ADOPTION OF AGENDA
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
1. ACCEPT GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) 2021
Recommendation:
Accept the 2021 General Plan and Housing Element Annual Progress Report (APR) and direct staff to file the report with the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).
2. ADOPT ORDINANCE NO. 2329, NEW SERIES, PERMANENTLY ADOPTING AND RATIFYING ORDINANCE NUMBER 2320 PREVIOUSLY ADOPTED AS AN URGENCY ORDINANCE ADDING SECTION 18.76.140 (" MAXIMUM DOCK HIGH DOOR RATIO") TO CHAPTER 18.76 PERFORMANCE
STANDARDS") AND AMENDING SECTIONS 18.124.050 ("INDUSTRIAL USES") OF CHAPTER 18.124 (" LAND USE DEFINITIONS") AND 18.128.020 (“DEFINITIONS") OF CHAPTER 18.128 ("GENERAL TERMS") OF TITLE 18 ("ZONING") OF THE MORGAN HILL MUNICIPAL CODE TO CREATE A
MAXIMUM DOCK - HIGH - DOOR RATIO FOR CERTAIN STRUCTURES AND
TO ADD DEFINITIONS
Recommendation:
Waive the reading, adopt Ordinance No. 2329, 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 RESOLUTION DETERMINING THAT CONDUCTION OF IN-PERSON
MEETINGS WOULD PRESENT A PUBLIC HEALTH RISK AND CONTINUING
TELECONFERENCE MEETINGS
Recommendation:
Adopt resolution to continue holding City Council and commission meetings by teleconference.
4. ADOPT RESOLUTION AUTHORIZING THE DISPLAY OF THE NATIONAL March 16, 2022
4 FLAG OF UKRAINE AT CITY FACILITIES IN SUPPORT OF THE LEADERS
AND PEOPLE OF UKRAINE
Recommendation:
Adopt resolution authorizing the display of the national flag of Ukraine at the Community and Cultural Center, Centennial Recreation Center, and City Hall from March 19 to April 19, 2022, to support the leaders and people of Ukraine.
5. APPROVE MITIGATED NEGATIVE DECLARATION FOR THE FISHER CREEK
DETENTION BASIN EXPANSION PROJECT
Recommendation:
Approve and certify the project Mitigated Negative Declaration.
6. APPROVE THE MARCH 2, 2022 SPECIAL/REGULAR CITY COUNCIL
MEETING MINUTES
Recommendation:
Approve the March 2, 2022 Special/Regular City Council Meeting Minutes.
7. REAPPOINTMENT OF TWO (2) COMMISSIONERS ON THE LIBRARY, CULTURE, AND ARTS COMMISSION (LCAC) AND TWO (2)
COMMISSIONERS ON THE PARKS AND RECREATION COMMISSION (PRC)
AND RECRUITMENT TO FILL VACANCIES ON THE TWO COMMISSIONS Recommendation:
1. Reappointment of Commissioners Emily Borchers and Patrice Lyn to the Library, Culture, and Arts Commission with terms ending April 1, 2026;
2. Reappointment of Commissioners Craig van Keulen and Maureen GrzanPieracci to the Parks and Recreation Commission with terms ending April 1, 2026;
3. Extending the terms of Commissioners Neil Berman and Ron Locicero until such time that their seats can be filled; and
4. Direct staff to commence recruitment efforts to fill the one (1) vacancy on the LCAC and the two (2) vacancies on the PRC.
PUBLIC HEARINGS
8. ADOPT INDUSTRIAL PRESERVATION AND OPTIMIZATION POLICY Recommendation:
Adopt an Industrial Land Preservation and Optimization Policy Estimated Time: 30 Minutes
9. ADOPT ZONING CODE AMENDMENT TO SECTION 18.26.020 (LAND USE March 16, 2022
5 REGULATIONS) OF CHAPTER 18.26 (INDUSTRIAL ZONING DISTRICTS) OF TITLE 18 (ZONING) TO MODIFY THE LAND USES PERMITTED IN THE
INDUSTRIAL ZONING DISTRICTS
Recommendation:
1. Open/close the public hearing.
2. Waive first and second reading of the Ordinance Amendment; and
3. Introduce Ordinance Amendment as recommended by staff and amended by the Planning Commission.
Estimated Time: 30 Minutes
OTHER BUSINESS
10. MONTHLY BUDGET UPDATE AND JANUARY 2022 FINANCIAL AND
INVESTMENT REPORTS
Recommendation:
Accept and file report.
Estimated Time: 10 Minutes
FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.
ADJOURNMENT
March 16, 2022
6 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 that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order 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 plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. 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].
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, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.