City Council
Meeting Minutes
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, February 15, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
SPECIAL/REGULAR MEETING
A special meeting of the City Council was called at 5:00 pm for the purpose of conducting Parks and Recreation Commission interviews.
SPECIAL MEETING
5:00 pm - Parks and Recreation Commission interviews
February 15, 2023
2 CALL TO ORDER
Mayor Turner called the Special City Council meeting to order at 5:00 pm.
ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.
PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
ABSTAIN None
ABSENT None
DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.
COMMISSION INTERVIEWS
1. INTERVIEW CANDIDATES TO FILL ONE (1) SEAT ON THE PARKS AND
RECREATION COMMISSION
Recommendation:
1. Mayor shares the characteristics/traits that a successful applicant would possess;
2. Conduct Interviews;
3. Council Members identify the top applicant and provide recommendations to the Mayor; and
4. Discuss and/or appoint applicant.
City Clerk Michelle Bigelow provided a report. The Mayor shared what the City Council looks for in an ideal applicant.
The following applicants were interviewed:
Shishir Jani
Julie Lucido
Ramanathan Nagarajan
Natalie Prcevski
City Clerk Michelle Bigelow tallied the votes.
The Mayor appointed Julie Lucido to serve on the Parks and Recreation Commission for a term ending April 1, 2026.
The special meeting adjourned at 5:59 pm.
February 15, 2023
3 REGULAR MEETING
Mayor Turner called the Regular City Council meeting to order at 7:00 pm.
PRESENTATIONS
YAC Presentation- Asset # 8- Youth as Resources
California Department of Insurance Presentation
RECOGNITIONS
2022 STEM Winners
PROCLAMATIONS
Black History Month
CITY COUNCIL REPORTS
Council Member Gino Borgioli spoke about his recent tour of the Anderson Dam project. He also provided an update on the Little Llagas Creek project.
February 15, 2023
4 CITY MANAGER'S REPORT
City Manager Christina Turner invited the community to join the Cities of Morgan Hill and Gilroy and the Housing Trust's Homebuyer team to learn how the County of Santa Clara's down payment assistance program can help you buy your first home.
Tomorrow, Thursday, February 16th, from 6 to 7 pm, they will be hosting an informational webinar. To learn more and to sign up, please visit housingtrustsv.org.
She announced that the second day of the City Council Goal Setting Workshop will be held in person on Friday, March 3rd, beginning at 9:00 am in the Council Chamber. We will discuss our 2022-2023 Sustainable Morgan Hill Strategic Priorities in detail.
She announced the upcoming State of the City address, which will take place on Wednesday, March 8th, at 6:30 pm.
She concluded by sharing that the Community Engagement Team will again be hosting an informational table on a variety of City topics at the Farmers Market beginning Saturday, March 11th, from 9:00 am to noon. They will be there the second Saturday of each month through October to connect with the community and answer questions.
CITY ATTORNEY'S REPORT
City Attorney Larkin shared that he is on the Board of Directors for PLAN JPA, our liability and property form of insurance. At a special board meeting late last year, they learned about problematic issues concerning property damage insurance prices increasing significantly.
OTHER REPORTS
Council Member Yvonne Martinez Beltran reported on the Silicon Valley Clean Energy (SCVE) board meeting. She also mentioned that all SVCE member agencies voted to adopt reach codes requiring varying degrees of electric readiness, all electric requirements for new construction and electric charging vehicles.
Mayor Mark Turner announced that starting February 25, 2023 he will be doing a series of Coffee with the Mayor. The first will be February 25, 2023 at 9:00 am at the Centennial Recreation Center. It will be held monthly. He also announced that he will be starting Get the Scoop with the Mayor monthly. It will be held at Baskin Robbins on Cochrane beginning March 4, 2023.
PUBLIC COMMENT
Public comment opened at 7:26 pm. The following people were called to speak:
Michael Burchfield
Ben Palm
Mauricio Chavez (Zoom)
There being no further requests to speak, public comment closed.
February 15, 2023
5 ADOPTION OF AGENDA
MOTION:
Adopting the agenda as posted.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.
Time Estimate for Consent Calendar: 1 - 10 Minutes
Public comment opened at 7:36 pm.
Joe Baranowski was called to speak.
There being no further requests to speak, public comment closed.
MOTION:
Approving consent calendar items 2 through 4.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
2. ADOPT ORDINANCE NO. 2341, NEW SERIES, AMENDING VARIOUS CODE PROVISIONS WITHIN TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF
THE CITY OF MORGAN HILL IMPLEMENTING MINOR AMENDMENTS DUE February 15, 2023
6 TO CLERICAL ERRORS, INCONSISTENCIES, AND UPDATES TO
ACCESSORY DWELLING UNIT PROVISIONS TO COMPLY WITH STATE LAW
Recommendation:
Waive the reading, adopt Ordinance No. 2341, 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. 2342, NEW SERIES, AMENDING SECTION
13.04.010 (DEFINITIONS) AND SECTION 13.04.330 (WASTING OF WATER AND DROUGHT EMERGENCIES) OF CHAPTER 13.04 (WATER SYSTEM) OF TITLE 13 (PUBLIC SERVICES), TO ADD REGULATIONS PROHIBITING THE
USE OF POTABLE WATER ON NON-FUNCTIONAL TURF AND
PROHIBITING NEW PRIVATE WATER WELLS
Recommendation:
Waive the reading, adopt Ordinance No. 2342, 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. APPROVE THE JANUARY 11, 2023 AND JANUARY 25, 2023 CITY COUNCIL MEETING MINUTES AND THE JANUARY 27, 2023 GOAL SETTING
WORKSHOP MINUTES
Recommendation:
Approve Minutes.
PUBLIC HEARINGS
5. MONTEREY - CITY VENTURES (THE GATES): ADOPT MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM; APPROVE GENERAL PLAN AMENDMENT FROM
COMMERCIAL TO MIXED USE FLEX; AND INTRODUCE ZONING
AMENDMENT TO ALLOW FOR THE FUTURE DEVELOPMENT OF A MIXEDUSE PROJECT. THE 3.82-ACRE SITE IS LOCATED ON THE SOUTHWEST
QUADRANT OF MONTEREY ROAD AND COCHRANE ROAD WITH ACCESS
OFF SOUTHBOUND MONTEREY ROAD AND INTERSECTION OF
MONTEREY ROAD AND COCHRANE ROAD (ZA2021-0006/GPA2021-
0005/EA2021-0015)
Recommendation:
1. Open/close the public hearing;
2. Adopt a Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the project;
3. Adopt a Resolution approving an amendment to the General Plan land use designation;
February 15, 2023
7 4. Waive the first and second reading of the Zoning Amendment Ordinance; and
5. Introduce the Zoning Amendment Ordinance.
Mayor Mark Turner, Mayor Pro Tem Rene Spring, and Council Members Yvonne Martinez Beltran, Gino Borgioli, and Marilyn Librers announced their ex-parte contacts.
Assistant Planner Joey Dinh and Development Services Director Jennifer Carman provided a report and presentation.
The public hearing opened at 8:16 pm. The following people were called to speak:
Samantha Hauser - Applicant
Scott Schilling (Zoom)
Joe Baranowski
Doug Muirhead
Phil Kerr - Applicant
There being no further requests to speak, the public hearing closed.
MOTION:
Approving recommended actions 2 and 3, requiring that an MOU requiring mixed use come back at the second reading of the ordinance.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Librers
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: Mayor Pro Tem Spring
ABSTAIN: None
ABSENT: None
MOTION:
Waiving the first and second reading of the ordinance.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Martinez Beltran
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
February 15, 2023
8 NAYS: Mayor Pro Tem Spring
ABSTAIN: None
ABSENT: None
MOTION:
Introducing the ordinance.
RESULT: Passed
MOVER: Council Member Librers
SECONDER: Council Member Borgioli
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: Mayor Pro Tem Spring
ABSTAIN: None
ABSENT: None
The meeting recessed at 9:17 pm and reconvened at 9:28 pm.
6. ADOPT RESOLUTION APPROVING COMMENCEMENT OF 2023
HAZARDOUS VEGETATION ABATEMENT PROGRAM
Recommendation:
1. Open/Close public hearing; and
2. Adopt Resolution A authorizing Santa Clara County to commence hazardous vegetation abatement activities on the attached list; and
3. Adopt Resolution B authorizing Santa Clara County to commence hazardous vegetation abatement activities for the remaining parcel.
Council Member Librers announced a conflict of interest on Resolution B and stepped down from the dais.
Community Services Supervisor Nichole Martin provided a report.
The public hearing for resolution B opened at 9:33 pm. There being no requests to speak, the public hearing closed.
MOTION:
Adopting Resolution B.
February 15, 2023
9 RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Martinez Beltran
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner
NAYS: None
ABSTAIN: Council Member Marilyn Librers
ABSENT: None
Council Member Librers took her seat at the dais.
The public hearing for resolution A opened at 9:35 pm. There being no requests to speak, the public hearing closed.
MOTION:
Adopting Resolution A.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Librers
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None
OTHER BUSINESS
7. INTRODUCE AMENDMENT TO TITLE 2, SECTION 2.04.010 OF THE
MORGAN HILL MUNICIPAL CODE ESTABLISHING REGULAR MEETING DATES FOR THE CITY COUNCIL AND TO CITY COUNCIL POLICIES (CP) 06- 02 AND 98-02 CHANGING THE DATE OF THE GOAL SETTING WORKSHOP Recommendation:
1. Waive the first and second readings of the Ordinance;
2. Introduce the Ordinance; and
3. Approve amended City Council Policies 06-02 City Council Meeting Schedule and 98-02 Time Established for Public Hearings.
City Manager Christina Turner provided a report.
February 15, 2023
10 Public comment opened at 9:37 pm. The following people were called to speak:
Joe Baranowski
There being no further requests to speak, public comment closed.
MOTION:
Approving amended City Council Policies 06-02 City Council Meeting Schedule and 98-02 Time Established for Public Hearings.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Mayor Turner, Council Member Librers
NAYS: Council Member Martinez Beltran
ABSTAIN: None
ABSENT: None
MOTION:
Waiving the first and second reading of the ordinance.
RESULT: Passed
MOVER: Mayor Pro Tem Spring
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Mayor Turner, Council Member Librers
NAYS: Council Member Martinez Beltran
ABSTAIN: None
ABSENT: None
MOTION:
Introducing the ordinance.
RESULT: Passed
MOVER: Mayor Pro Tem Spring
SECONDER: Council Member Borgioli
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Mayor Turner, Council Member Librers
NAYS: Council Member Martinez Beltran
February 15, 2023
11 ABSTAIN: None
ABSENT: None
8. REVIEW THE PROCESS FOR FUTURE COUNCIL INITIATED AGENDA ITEMS INCLUDED IN CITY COUNCIL POLICY (CP) 97-01 AND REVIEW AND
PROVIDE DIRECTION ON FIVE PREVIOUSLY REQUESTED FUTURE
AGENDA ITEMS; 1. LOCAL LAW ENFORCEMENT AGENCIES SUMMIT ON CUT-THROUGH TRAFFIC, 2. UNCLAIMED FUNDS GOING INTO
COMMUNITY FUND RATHER THAN GENERAL FUND, 3. CITY COUNCIL
HAVING A VOICE IN THE RECRUITMENT OF BOARD OF DIRECTORS FOR THE CITY'S PARTNER COMMUNITY GROUPS, 4. LANDSCAPE
REQUIREMENTS FOR DEVELOPMENTS ALONG THE FREEWAY AND
MAJOR ARTERIES TO INCLUDE MORE TREES, AND 5. LOCAL
WORKFORCE PROJECT LABOR AGREEMENTS
Recommendation:
1. Review the process for addressing Future Council Initiated Agenda Items included in Council Policy CP 97-01; and
2. Continue the discussion on five Future Council Initiated Agenda Items discussed at the Goal Setting Workshop to determine if the majority of the City Council wants the following items agendized at a future meeting for discussion:
1. Holding a summit of law enforcement agencies regarding cutthrough traffic;
2. Exploring if unclaimed funds can go into a community fund rather than the City's General Fund;
3. Discussion regarding the recruitment of Board of Directors for the City's partner community groups;
4. Review of landscaping requirements on developments along the freeway and major arteries to include more trees; and
5. Discussion on Local Workforce Project Labor Agreements.
City Manager Christina Turner provided a report.
Public comment opened at 10:18 pm. The following people were called to speak:
Joe Baranowski
There being no further requests to speak, public comment closed.
The council conducted a straw poll vote:
1. Summit of Law Enforcement Agencies: yes; Gino/no Rene, Mark, Marilyn, Yvonne
2. Unclaimed Funds to community fund: yes; Yvonne/ no Rene, Mark, Marilyn, Gino
3. Partner Group Board of Directors: yes; Yvonne, Rene/ no Mark, Marilyn / Abstain Gino
February 15, 2023
12 4. Landscaping requirements along highways: yes; Rene, Mark, Yvonne/ no Marilyn / Abstain Gino
5. Workforce labor agreements: no vote. Council Member Martinez Beltran may bring it back.
9. RECEIVE MONTHLY BUDGET UPDATE; DECEMBER 2022 FINANCIAL AND INVESTMENT REPORTS; AND THE CITY MANAGER AUTHORITY REPORT Recommendation:
Accept and file report.
Finance Director Dat Nguyen provided a report and presentation.
Public comment opened at 10:40 pm. There being no requests to speak, public comment closed.
Report accepted.
FUTURE COUNCIL INITIATED AGENDA ITEMS
None.
ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 10:41 pm.
Minutes Prepared by:
Michelle Bigelow, City Clerk