5 The City Treasurer (for the City) and Director of Finance (for the Agency) will select broker/dealers on the basis of their expertise in public cash management and their ability to provide service to the account(s). Each authorized broker/dealer shall submit and annually update an approved Broker/Dealer Information Request form that includes the firm's most recent financial statements.
The City Treasurer (for the City) and Director of Finance (for the Agency) shall determine if the broker/dealers are adequately capitalized, make markets on securities appropriate to the City's needs and are recommended by managers of portfolios similar to the City’s. The City Treasurer (for the City) or Director of Finance (for the Agency) shall submit findings and recommendations to the City Council or Agency Board, as applicable. The City Council and Agency Board will determine which broker/dealers will be authorized to trade with the City as part of their annual review of this Policy,
In the event that an external investment advisor is not used in the process of recommending a particular transaction in the City’s or Agency’s portfolio, authorized broker/dealers shall attest in writing that they have read and understand this Policy.
AUTHORIZED INVESTMENTS
All investments and deposits of the City shall be made in accordance with California Government Code Sections 16429.1, 53600-53609 and 53630-53686. The City has further limited the types of allowable securities to those shown in the following list:
A. United States Treasury Bills and Notes with maturities not exceeding five years from the date of trade settlement. There is no limitation on the percentage of the portfolio which can be invested in this category.
B. Federal Instrumentality (government sponsored enterprise) debentures, discount notes, callable and step-up securities, with a final maturity not exceeding five years from the date of trade settlement issued by the following only: the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank (FHLB), the Federal National Mortgage Association (FNMA or Fannie Mae), the Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac), the Tennessee Valley Authority (TVA), and the Government National Mortgage Association (GNMA, but only if the security is backed by the full faith and credit of the U.S. government). Although there is no percentage limitation of the dollar amount or percentage of the portfolio that can be invested in these issuers, the "prudent person" rule shall apply for any single agency name.
C. The Local Agency Investment Fund (LAIF), established by the State Treasurer for the benefit of local agencies and identified under Government Code Section 16429.1, is authorized up to the maximum amount pursuant to California Government Code Section 16429.1
D. Inactive deposits with Banks and Savings and Loans with a branch within California that has a rating of at least A-1 or the equivalent from a nationally recognized statistical rating organization (NRSRO), and has an equity to total assets ratio of at least 4%. All deposits
6 shall be secured in accordance with Sections 53651 and 53652 of the California Government Code and comply with Schedule I (Policy Statement of Collateralized Time Deposits) attached. If deposits are not collateralized, the maximum placed at any one institution will be $250,000. The maximum amount of collateralized inactive deposits placed at any one institution shall not constitute more than 10% of the total assets of the institution or $2,000,000, whichever is less, and shall not exceed the total shareholders' equity of the issuing institution.
E. Money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 that (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant net asset value per share of $1.00; (3) invest only in the securities and obligations authorized in the applicable California statutes and (4) have a rating of at least AAAm or the equivalent by at least two NRSROs. The aggregate investment in money market funds shall not exceed 20% of the City’s total portfolio. The City shall use only those money market funds consisting of investments considered prudent in nature for any fiduciary.
F. Certificates of Deposit (CD) is authorized up to the maximum Federal Deposit Insurance Corporation (FDIC) legal limit amount per FDIC-insured institution.
INVESTMENT POOLS
The Local Agency Investment Fund (LAIF) is authorized under provisions in Section 16429.1 of the California Government Code. The City's participation in the pool was previously approved by the City Council and Agency Board.
The California Cooperative Liquid Assets Securities System Class (CLASS) is authorized under provisions in Section 53601(p) of the California Government Code, California public agencies may invest in shares of beneficial interest issued by a joint powers authority.
City Council review and approval is required prior to investment in any other local government investment pool or joint powers authority.
SAFEKEEPING OF SECURITIES
The City Treasurer (for the City) and the Director of Finance (for the Agency) shall select one or more banks to provide safekeeping and custodial services for the City. A Safekeeping Agreement approved by the City shall be executed with each custodian bank prior to utilizing that bank's safekeeping services.
Custodian banks will be selected on the basis of their ability to provide services for the City's account and the competitive pricing of their safekeeping related services.
The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. All securities shall be perfected in the name of the City. Sufficient evidence to title shall be consistent with modern investment, banking and commercial practices.
7 All investment securities, except non-negotiable Certificates of Deposit, Money Market Funds and LAIF, purchased by the City will be delivered by either book entry or physical delivery and will be held in third-party safekeeping by a City approved custodian bank, its correspondent bank or its Depository Trust Company (DTC) participant account.
All Fed wireable book entry securities owned by the City shall be held in the Federal Reserve System in a customer account for the custodian bank which will name the City as “customer.” All DTC eligible securities shall be held in the custodian bank’s DTC participant account and the custodian bank shall provide evidence that the securities are held for the City as “customer.”
DIVERSIFICATION
The City will diversify its investments by security type and investment to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions or maturities. With the exception of bond reserve funds, bond escrow funds, and any other funds approved by the City Council, at all times at least 50% of the total portfolio shall mature in three years or less; at least 30% of the total portfolio shall mature in two years or less; and at least 20% of the portfolio shall mature in one year or less.
MAXIMUM MATURITIES
The City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, as approved by the City Council or Agency Board, as applicable, and otherwise allowed by law, the City will not directly invest in securities maturing more than five years from the date of trade settlement. Bond reserve funds, bond escrow funds, and any other funds approved by the City Council or Agency Board, as applicable, may be invested in securities exceeding five years if the maturities of such investments are made to coincide as nearly as possible with the expected use of the funds. The weighted average final maturity of the investment portfolio shall not exceed two and one-half years.
PERFORMANCE BENCHMARKS
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. The performance of the investment portfolio shall be compared to the average yield on the U.S. Treasury security that most closely corresponds to the investment portfolio’s weighted average effective maturity. When comparing the performance of the investment portfolio, all fees involved with managing it shall be included in the computation of its rate of return net of fees.
8 BOND PROCEEDS
Proceeds of bond sales and debt service reserve funds and other bond-related monies (or funds) may be invested in any investments authorized under both California Government Code Section 53600, et. seq. and the applicable bond covenants related to a bond sale. Securities authorized by a bond covenant that are not authorized by this Policy will only be used if they are specifically approved by the City Council or Agency Board, as applicable. Unless otherwise approved by the City Council or Agency Board, as applicable, all securities will be held in third-party safekeeping with the bond trustee, and all delivery-versus-payment rules will apply. Fees will be collected annually to compensate for administration costs.
COMPETITIVE TRANSACTIONS
All investment transactions shall be conducted competitively with authorized broker/dealers. At least three broker/dealers shall be contacted for each transaction, except when purchasing new issue securities, and their bid or offering prices shall be recorded.
If the City is offered a security for which there is no other readily available competitive offering, then the City Treasurer (for the City) or the Director of Finance (for the Agency) will document quotations for comparable or alternative securities.
REPORTING REQUIREMENTS
The City Treasurer (for the City) and Director of Finance (for the Agency) shall render, at least quarterly, reports of investment activity to the City Council and Agency Board within 30 days following the end of the quarter. Each report will include the following information:
1. Investment type, issuer, date of maturity, par value and dollar amount invested in all securities, and investments and monies held by the City;
2. A description of the funds, investments and programs managed by contracted parties;
3. A market value as of the date of the report (or the most recent valuation as to assets not valued monthly) and the source of the valuation;
4. A statement of compliance with the investment policy or an explanation for non-compliance; and
5. A statement of the City’s ability to meet expenditure requirements for six months, and an explanation of why money will not be available if that is the case.
INVESTMENT POLICY REVIEW
The City Treasurer (for the City), working with the Director of Finance (for the Agency),shall periodically review and make recommendations regarding the City’s Investment Policy to ensure its consistency with the overall objectives of preservation of principal, liquidity, yield and diversification and its relevance to current law and economic trends. Amendments to this Investment Policy shall be approved by the City Council.
9 CITY OF MORGAN HILL
POLICY STATEMENT ON COLLATERALIZED TIME DEPOSITS
SCHEDULE I
Before the City Treasurer can place a time deposit with a local bank or savings and loan, the following criteria must be met:
1. The bank must provide the City with an executed copy of the "Contract for Deposit for Moneys" as specified in Section 53649 of the California Government Code.
2. The interest rate on the Time Certificate of Deposit must be competitive with rates offered by other banks and savings and loans and must exceed the interest rate for treasury bills for a similar maturity period.
3. For investments less than $250,000, FDIC insurance will be sufficient without requiring any collateral to be pledged with the Federal Reserve to secure the public fund deposit.
4. For investments exceeding $250,000, there may be a waiver of collateral for the first $250,000 deposited, and all of the funds placed on deposit must be collateralized by 110% of U.S. Treasury or Federal Agency securities, or by 150% of mortgages having maturities less than five years in accordance with Section 53652 of the California Government Code.
The City must receive confirmation that these securities have been pledged in repayment of the time deposit. The securities pledged must be maintained at a current market value 10% greater than the dollar amount of the deposit.
5. The City must be given a current audited financial statement for the financial year just ended as well as the most recent quarterly statement of financial condition. The financial reports must both include a "statement of financial condition" as well as an "income statement" depicting current and prior year operations.
6. The City will not place a fund deposit for more than $2,000,000, or 10% of the assets of the institution, whichever is less.
7. The City must receive a certificate of deposit which specifically expresses the terms governing the transaction, (i.e., the period of time, name of depositor, interest rate, etc.).
8. All time certificates must have a maturity period not exceeding two years from the date of deposit with quarterly payments of interest based upon the stated interest rate.
9. The City must also receive a letter from the comptroller and/or treasurer of the bank at the time the deposit is made, that there is no known pending financial disclosure or public announcement of an adverse financial event involving the bank or savings and loan, nor is there any knowledge that a conflict of interest situation exists with any City official, officer or employee at the time the bank is receiving this deposit. The City has a fiduciary responsibility to make prudent investment of public funds, and to assure its investment practices are absent of any financial inducement or conflict in interest whatsoever.
10. Time deposits will only be made with qualified banks and savings and loans having branch office locations within Santa Clara County. However, time deposits with a bank or savings
10 and loan must be centralized at one designated office location rather than making separate deposits with each branch office.
11 CITY OF MORGAN HILL
POLICY CRITERIA FOR SELECTING BROKER/DEALERS
SCHEDULE II
1. Each approved broker/dealer must possess an authorizing certificate from the California Commissioner of Corporations as required by Section 25210 of the California Corporations Code.
To be eligible, a firm must meet at least one of the following criteria:
1. be recognized as Primary Dealers by the Federal Reserve Bank of New York or have a primary dealer within their holding company structure, or
2. report voluntarily to the Federal Reserve Bank of New York, or
3. qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net Capital Rule).
The City Treasurer (for the City) and Director of Finance (for the Agency) will select broker/dealers on the basis of their expertise in public cash management and their ability to provide service to the account(s). Each authorized broker/dealer shall submit and annually update an approved Broker/Dealer Information Request form that includes the firm's most recent financial statements.
The City Treasurer (for the City) and Director of Finance (for the Agency) shall determine if the broker/dealers are adequately capitalized, make markets on securities appropriate to the City's needs and are recommended by managers of portfolios similar to the City’s. The City Treasurer (for the City) or Director of Finance (for the Agency) shall submit his findings and recommendations to the City Council or Agency Board, as applicable. As part of their periodic review of the Investment Policy, the City Council and Agency Board will determine which broker/dealers will be authorized to trade with the City.
In the event that an external investment advisor is not used in the process of recommending a particular transaction in the City’s or Agency’s portfolio, authorized broker/dealers shall attest in writing that they have read and understand a copy of this Policy.
2. The net capital position of the firm shall be in excess of $100 million.
3. The intent of the City Treasurer (for City) and Director of Finance (for Agency) is to enter into a long-term relationship. Therefore, the integrity of the firm and the personnel assigned to our account is of primary importance.
5. The firm must provide an active secondary market for the securities it sells.
6. The firm must specify the types of securities it specializes in and will be made available for the City’s account.
7. It is important that the firm provide related services that will enhance the account relationship which could include:
12 a) An active secondary market for its securities.
b) Internal credit research analysis on commercial paper, banker's acceptances and other securities it offers for sale.
c) Be willing to trade securities on the City’s portfolio. d) Be capable of providing market analysis, economic projections, newsletters. e) Provide market education on new investment products, security spread relationships, graphs, etc.
8. The firm must be willing to provide annual financial statements.
9. If requested, the firm must be willing to provide a list of local government clients or other references, particularly those client relationships established within the State of California.
10. The City is prohibited from the establishment of a broker/dealer account for the purpose of holding the City's securities. All securities must be subject to delivery at the City's custodial bank.
11. Without exception, all transactions are to be conducted on a "'delivery vs. payment" basis.
12. The broker/dealer shall be headquartered or have a branch office in California. The City will not conduct security transactions with any firm located out of state.
13. The broker/dealer must have been in operation for more than 5 years.
14. No business relationship shall be established with firms primarily engaged in the sale of "exotic" products. Exotic means "unusually high yields," no ready secondary market, "high price volatility" on the security.
15. The firm must be registered with the State of California's regulatory agency.
16. No broker/dealer or security firm shall be selected who has made a political contribution to the City Treasurer or any member of the City Council or Agency Board or to any candidate for these offices.
13 Broker/Dealer Questionnaire
Name of Firm:
Address:
Telephone No.:
Primary representative Manager
Name:
Title:
Telephone No:
1. Are you a recognized primary dealer in Government securities? ( ) Yes ( ) No
2. If so, how long has your firm been a primary dealer? _________ years.
3. Are you a retail or institutional broker?
4. What was your firm's total volume in U. S. Government and agency securities trading last year?
Firm-wide $____________
Your office $____________
5. Which instruments are offered regularly by your trading desk? ( ) T-bills ( ) BA's (domestic)
( ) T-notes and bonds ( ) BA’s (foreign)
( ) Agencies (specify) ( ) Commercial Paper
FFCB, FHLB, FNMA ( ) Bank C. D.'s
14 FHLMC, SLMA, TVA, GNMA ( ) S & L C. D.'s
WORLD BANK
( ) Repurchase Agreements ( ) Medium Term Corporate Notes ( ) Reverse Repurchase ( ) Mutual Funds (eligible for public Agreements investment)
6. Identify all personnel who will be trading with or quoting securities to the City.
Name Title Phone
7. Please identify your most directly comparable City/Local Agency clients in our geographical area.
Entity Contact Person Phone Client Since
8. Is there anything in your background in the government securities business that makes you stand-out above the rest? Why should the City of Morgan Hill deal with you?
9 Have any of your public sector clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of a particular instrument? If so, please explain.
10. Has any public sector client ever claimed in writing that your firm was responsible for investment losses? Explain.
11. Has your firm consistently complied with the Federal Reserve’s capital adequacy guidelines? Include certified documentation of your capital adequacy as measured by Federal Reserve standards.
12. Please provide certified financial statements and other statements regarding your firm's capitalization.
13. Please include samples of research reports that your firm regularly supplies to public sector clients.
15 14. Are you a Broker instead of a Dealer (i.e., you DO NOT own positions of securities)?
15. What reports, transactions, confirmations and paper trail would the City receive?
16. What training information would you provide to our employees and investment officers?
17. How many and what percentage of your transactions failed last month? Last year?
18. What portfolio information do you require from clients? --CERTIFICATION--
I hereby certify that I have personally read the City of Morgan Hill's Investment Policy and the California Government Codes pertaining to the investments of the City of Morgan Hill, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted by our firm on behalf of the City of Morgan Hill, considering the City’s investment objectives, strategies and risk constraints. We pledge to exercise due diligence in informing the City Treasurer and staff of all foreseeable risks associated with financial transactions conducted with our firm. I attest to the accuracy of our responses to the above questionnaire.
NOTE: Completion of this questionnaire is only part of the City of Morgan Hill's Certification process and DOES NOT guarantee that the applicant will be approved to do business with the City.
SIGNED
(Account Representative)
SIGNED
(Countersigned by Company President or person in charge of government securities operations.) DATED
16 CITY OF MORGAN HILL
FIRMS AUTHORIZED TO CONDUCT INVESTMENT TRANSACTIONS
SCHEDULE III
The City is authorized to conduct investment security transactions with the following investment firms and broker/dealers, many of which are designated by the Federal Reserve as primary government dealers. Security transactions with firms other than those appearing on this list are prohibited.
A. Firms designated by the Federal Reserve as Primary Government Dealers:
ASL Capital Markets Inc.
Bank of Montreal, Chicago Branch
Bank of Nova Scotia, New York Agency
BMO Capital Markets Corp.
BNP Paribas Securities Corp.
Barclays Capital Inc.
BofA Securities, Inc.
Cantor Fitzgerald & Co.
Citigroup Global Markets Inc.
Credit Suisse Securities (USA) LLC
Daiwa Capital Markets America Inc.
Deutsche Bank Securities Inc.
Goldman, Sachs & Co.
HSBC Securities (USA) Inc.
Jefferies & Company, Inc.LLC
J.P. Morgan Securities, LLC
Merrill Lynch, Pierce, Fenner & Smith, Inc.
Mizuho Securities USA, LLCInc.
Morgan Stanley Smith Barney& Co. LLC
NatWest Markets Securities Inc.
Nomura Securities International, Inc.
RBC Capital Markets, LLC
RBS Securities Inc.
Santander US Capital Markets LLC
Societe Generale, New York Branch
TD Securities (USA) LLC
UBS Securities, LLC
Wells Fargo Securities, LLC
B. Other authorized firms:
D. A. Davidson and Company
17 Fundamental Capital Markets
Morgan Keegan & Company, Inc.
UnionBanc Investment Services
U.S. Bank Investment Services
18 CITY OF MORGAN HILL SCHEDULE IV
Authorized Investments Ranked by Authority and Degree of Risk June 7, 2023
AUTHORIZED INVESTMENTS DIVERSIFICATION PURCHASE RESTRICTIONS U.S. TREASURY BILLS & NOTES
______________________________________
DREYFUSS TREASURY CASH
MANAGEMENT FUND
No Limit
______________________________________
___
No Limit
No Limit
______________________________________
___
No Limit
U.S. GOVERNMENT AGENCIES AND
GOVERNMENT SPONSORED
ENTERPRISES
No Limit No Limit
LOCAL AGENCY INVESTMENT FUND No Limit Maximum Set by Gov’t Code CALIFORNIA CLASS Max 1020% of portfolio No Limit
TIME DEPOSITS Max 5% of portfolio Max $2 million per institution Collateral = 110% to 150%
MONEY MARKET MUTUAL FUNDS Max 20% of portfolio No Limit REPURCHASE AGREEMENTS Not Authorized Not Authorized
BANKERS’ ACCEPTANCES Not Authorized Not Authorized
COMMERCIAL PAPER Not Authorized Not Authorized
MEDIUM-TERM CORPORATE NOTES Not Authorized Not Authorized NEGOTIABLE CD’S Max 5% of portfolio Up to FDIC insured legal limit per FDIC insured institution
REVERSE REPURCHASE
AGREEMENTS
Not Authorized Not Authorized
ASSET BACKED SECURITIES Not Authorized Not Authorized
STATE & LOCAL INDEBTEDNESS Not Authorized Not Authorized
19 GLOSSARY
AGENCY: Debt issued by an agency of the
federal government that is explicitly
guaranteed by the full faith and credit of the
United States government. The Government
National Mortgage Association (GNMA or
Ginnie Mae), is an example of an agency
issuer.
ASKED: The price at which securities are
offered. (The price at which a firm will sell a
security to an investor.)
BANKERS’ ACCEPTANCE (BA): A draft
or bill or exchange accepted by a bank or trust
company. The accepting institution
guarantees payment of the bill, as well as the
issuer.
BASIS POINT: One one-hundredth of a
percent (i.e., 0.01%).
BID: The price offered by a buyer of
securities. (When you are selling securities,
you ask for a bid.)
BROKER: A broker brings buyers and
sellers together for a commission. A broker
does not take a position.
CERTIFICATE OF DEPOSIT (CD): A
time deposit with a specific maturity
evidenced by a certificate. Large
denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of
deposit or other property which a borrower
pledges to secure repayment of a loan. Also
refers to securities pledged by a bank to
secure deposits of public monies.
COUPON: a) The annual rate of interest that
a bond’s issuer promises to pay the
bondholder on the bond’s face value. b) A
certificate attached to a bond evidencing
interest due on a payment date.
DEALER: A dealer, as opposed to a broker,
acts as a principal in all transactions, buying
and selling for its own account.
DEBENTURE: A bond secured only by the
general credit of the issuer.
DELIVERY VERSUS PAYMENT: There
are two methods of delivery of securities:
delivery versus payment and delivery versus
receipt. Delivery versus payment is delivery
of securities with an exchange of money for
the securities. Delivery versus receipt is
delivery of securities with an exchange of a
signed receipt for the securities.
DISCOUNT: The difference between the
cost price of a security and its maturity when
quoted at lower than face value. A security
selling below original offering price shortly
after sale also is considered to be at a
discount.
DISCOUNT SECURITIES: Non-interest
bearing money market instruments that are
issued at a discount and redeemed at maturity
for full face value (e.g., U.S. Treasury Bills).
DIVERSIFICATION: Dividing investment
funds among a variety of securities offering
independent returns.
FANNIE MAE (FNMA): FNMA was
chartered under the Federal National
Mortgage Association Act in 1938. The
corporation's purpose is to purchase and
securitize mortgages in order to ensure that
funds are consistently available to the
institutions that lend money to home buyers.
It is the largest single provider of residential
mortgage funds in the United States. On
September 7, 2008, Fannie Mae was placed
into conservatorship of the FHFA. The
corporation’s purchases include a variety of
adjustable mortgages and second loans, in
addition to fixed-rate mortgages. FNMA’s
securities are also highly liquid and are
widely accepted. FNMA assumes and
guarantees that all security holders will
receive timely payment of principal and
interest.
FEDERAL CREDIT AGENCIES:
Agencies of the Federal government set up to
supply credit to various classes of institutions
(e.g. S&L’s, Small business firms, students,
farmers, farm cooperatives, and exporters).
20 FEDERAL DEPOSIT INSURANCE
CORPORATION (FDIC): A Federal
agency that insures bank deposits, currently
up to $250,000 per deposit.
FEDERAL FUNDS RATE: The rate of
interest at which Fed funds are traded. This
rate is currently pegged by the Federal
Reserve through open-market operations.
FEDERAL HOME LOAN BANKS
(FHLB): The institutions that regulate and
lend to savings and loan associations. The
Federal Home Loan Banks play a role
analogous to that played by the Federal
Reserve Banks vis-a-vis member commercial
banks.
FEDERAL INSTRUMENTALITY
SECURITY: Debt issued by a government
sponsored enterprise that carries an implicit
guarantee of the United States
government. Examples of instrumentality
issuers include the Federal National
Mortgage Association (FNMA or Fannie
Mae), the Federal Home Loan Mortgage
Corporation (FHLMC or Freddie Mac), the
Federal Home Loan Banks (FHLB), and the
Federal Farm Credit Bank (FFCB).
FEDERAL OPEN MARKET
COMMITTEE (FOMC): Consists of seven
members of the Federal Reserve Board and
five of the twelve Federal Reserve Bank
Presidents. The President of the New York
Federal Reserve Bank is a permanent
member, while the other presidents serve on
a rotating basis. The Committee periodically
meets to set Federal Reserve guidelines
regarding purchases and sales of Government
Securities in the open market as a means of
influencing the volume of bank credit and
money.
FEDERAL RESERVE SYSTEM: The
central bank of the United States created by
Congress and consisting of a seven-member
Board of Governors in Washington, D.C.; 12
regional banks and about 5,700 commercial
banks are member of the system.
GINNIE MAE (GNMA): GNMA was
created by the United States Federal
Government through a 1968 partition of the
Federal National Mortgage Association to
provide guarantees on mortgage-backed
securities (MBS) backed by federally insured
or guaranteed loans. Ginnie Mae securities
are the only MBS that are backed by the full
faith and credit of by the United States
government.
LIQUIDITY: A liquid asset is one that can
be converted easily and rapidly into cash
without a substantial loss of value. In the
money market, a security is said to be liquid
if the spread between bid and asked prices is
narrow and reasonable size can be done at
those quotes.
LOCAL GOVERNMENT
INVESTMENT POOL: A local
government investment pool is an investment
option offered to public entities for the
aggregate investment of public funds from
political subdivisions. The funds are placed
in the custody of the manager, frequently a
State Treasurer, for investment and
reinvestment. These pools are investments
tools that offer safety with a competitive
yield and their managers are vested with a
public trust that the pool will maintain
liquidity, diversity, and follow the investment
pool’s guidelines.
MARKET VALUE: The price at which a
security is trading and could presumably be
purchased or sold.
MARKET REPURCHASE
AGREEMENT: A written contract covering
all future transactions between the parties to
repurchase reverse repurchase agreements
that establish each party’s rights in the
transactions. A master agreement will often
specify, among other things, the right of the
buyer-lender to liquidate the underlying
securities in the event of default by the sellerborrower.
MATURITY: The date upon which the
principal or stated value of an investment
becomes due and payable.
OFFER: The price asked by a seller of
securities. (When you are buying securities,
21 you ask for an offer.) See “Asked” and
“Bid”.
OPEN MARKET OPERATIONS:
Purchases and sales of government and
certain other securities in the open market by
the New York Federal Reserve Bank as
directed by the FOMC in order to influence
the volume of money and credit in the
economy. Purchases inject reserves into the
bank system and stimulate growth of money
and credit: Sales have the opposite effect.
Open market operations are the Federal
Reserve’s most important and most flexible
monetary policy tool.
PORTFOLIO: Collection of securities held
by an investor.
PRIMARY DEALER: A group of
government securities dealers who submit
daily reports of market activity and positions
and monthly financial statements to the
Federal Reserve Bank of New York and are
subject to its informal oversight. Primary
dealers include Securities and Exchange
Commission (SEC)-registered securities
broker/dealers, banks and a few unregulated
firms.
PRUDENT PERSON RULE: An
investment standard. In some states, the law
requires that a fiduciary, such as a trustee,
may invest money only in a list of securities
selected by the custody state--the so-called
“legal list”. In other states, the trustee may
invest in a security if it is one which would
be bought by a prudent person of discretion
and intelligence who is seeking a reasonable
income and preservation of capital.
RATE OF RETURN: The yield obtainable
on a security based on its purchase price or its
current market price. This may be the
amortized yield to maturity; on a bond, the
current income return.
REPURCHASE AGREEMENT (RP or
REPO): a holder of securities sells these
securities to an investor with an agreement to
purchase them at a fixed date. The security
“buyer” in effect lends the “seller” money for
the period of the agreement, and the terms of
the agreement are structured to compensate
him for this. Dealers use RP extensively to
finance their positions. Exception: When the
Fed is said to be doing RP, it is lending
money, that is, increasing bank reserves.
SAFEKEEPING: A service to customers
rendered by banks for a fee whereby
securities and valuables of all types and
descriptions are held in the bank’s vaults for
protection.
SECONDARY MARKET: A market made
for the purchase and sale of outstanding
issues following the initial distribution.
SECURITIES & EXCHANGE
COMMISSION: Agency created by
Congress to protect investors in securities
transactions by administering securities
legislation.
TREASURY BILLS: A non-interest
bearing discount security issued by the U.S.
Treasury to finance the national debt. Most
bills are issued to mature in three month, six
months or one year.
TREASURY BOND: Long-term U.S.
Treasury securities having initial maturities
of more than 10 years.
TREASURY NOTES: Intermediate-term
coupon bearing U.S. Treasury securities
having initial maturities of from one year to
ten years.
YIELD: The rate of annual income return on
an investment, expressed as a percentage. (a)
INCOME YIELD is obtained by dividing
the current dollar income by the current
market price for the security. (b) NET
YIELD or YIELD TO MATURITY is the
current income yield minus any premium
above par or plus any discount from par in
purchase price, with the adjustment spread
over the period from the date of purchase to
the date of maturity of the bond.
City Council
Meeting Minutes
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Gino Borgioli - Council Member
Rene Spring - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, January 17, 2024 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
January 17, 2024
2 CALL TO ORDER
Mayor Turner called the City Council meeting to order at 6:00 p.m.
ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.
PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
ABSENT None
DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS
YAC Presentation
Trusted Response Urgent Support Team (TRUST) Presentation
CITY COUNCIL REPORTS
Mayor Mark Turner spoke about the Library District and shared that they will be creating spaces that will be thematically designed to help young readers at an early age. Each of the seven libraries in the district will have a different theme. The South County Youth Taskforce (SCYTF) Policy Committee meeting took place this morning.
He shared that the restorative justice program for South County youth is showing good success. He mentioned that he has been appointed to the Cal Cities public safety policy committee. The public safety committee will be looking at making recommendations to changes to Prop 47, addressing retail theft and the fentanyl crisis, along with other concerns. He will be attending the Cal Cities 2024 Legislators Address on Friday, January 26th, in Palo Alto. He announced that on Wednesday, March 13th, he will hold the State of the City Address at 6:30 p.m. at the Morgan Hill Community Playhouse. He concluded by reading a commendation for Team D of the Morgan Hill Police Department for their outstanding work.
January 17, 2024
3 CITY MANAGER'S REPORT
City Manager Christina Turner announced the upcoming Community Police Academy.
She shared that the next scheduled Council meeting will be our Annual goal-setting workshop on Friday, February 2nd, and Saturday, February 3rd, starting at 9:00 a.m. each day in the council chamber. She concluded by introducing the City's newly hired and promoted teammates, as well as announcing the recently retired teammates.
CITY ATTORNEY'S REPORT
None.
OTHER REPORTS
Council Member Martinez Beltran shared that the VTA PAC Committee was canceled this week. She will be attending the Latino Caucus board retreat for the League of Cities, where she sits on the Executive Board, through this weekend. She also sits on the Executive Board for the League of Cities Peninsula Division and announced the legislative address in Palo Alto.
PUBLIC COMMENT
Public comment opened at 6:38 p.m. The following people were called to speak:
Joe Baranowski
Kathy Chavez Napoli
There being no further requests to speak, public comment closed.
ADOPTION OF AGENDA
MOTION:
Adopting the agenda as posted.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
January 17, 2024
4 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.
MOTION:
Approving consent calendar items 1 through 3, 5 through 7, and 13.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
1. ADOPT ORDINANCE 2351, NEW SERIES, AMENDING SECTIONS 2.04.020 SALARY OF COUNCIL MEMBERS AND 2.04.030 SALARY OF THE MAYOR OF THE CHAPTER 2.04 CITY COUNCIL OF THE MUNICIPAL CODE OF THE
CITY OF MORGAN HILL
Recommendation:
Waive the reading, adopt Ordinance No. 2351, 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.
2. APPROVE ARTIST AND ARTWORK FOR GALVAN PARK RESTROOM
Recommendation:
1. Approve the selection of artist Abigail Dunnivan and artwork on the Galvan Park Restroom; and
2. Authorize the City Manager to execute and administer artist agreement for the artwork.
3. APPROVE SECOND AMENDMENT TO ON-CALL REPAIR CONTRACT WITH
GOLDEN BAY CONSTRUCTION FOR A NEW TOTAL COMPENSATION UP TO $950,000
Recommendation:
January 17, 2024
5 Authorize the City Manager to execute a second amendment to the on-call water and sewer repair contract with Golden Bay Construction with compensation up to $950,000.
5. APPROVE THE FINAL MAP FOR THE KERLEY RESIDENTIAL PROJECT - TRACT NO. 10609 (19380 MONTEREY ROAD WITH ASSESSOR PARCEL NUMBERS 726-42-001 AND 726-42-002) AND RELATED SUBDIVISION
IMPROVEMENTS AGREEMENT
Recommendation:
1. Approve the Final Map;
2. Authorize the City Manager to execute the Subdivision Improvements Agreement with CIVIC MONTEREY ROAD, LLC;
and
3. Authorize the recordation of the Final Map and Subdivision Improvements Agreement.
6. APPROVE THE DECEMBER 6, 2023 CITY COUNCIL MEETING MINUTES Recommendation:
Approve Minutes.
7. AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH ACT PRIVATE SECURITY & INVESTIGATIONS INC. FOR SECURITY SERVICES Recommendation:
Authorize the City Manager to execute and administer a two and a half year agreement with ACT Private Security & Investigations Inc, in the amount of $155,000 for security services.
13. APPROVE STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES'
UNIVERSAL RESOLUTION DESIGNATING APPLICANT'S AGENT FOR
DISASTER ASSISTANCE
Recommendation:
1. Designate City Manager, Finance Director, or Senior Accountant to submit for Disaster Assistance to the State of California, Office of Emergency Services, for the purpose of obtaining certain federal financial assistance; and
2. Direct the City Clerk to certify the Designation of Applicant’s Agency Resolution to the State of California, Office of Emergency Services.
January 17, 2024
6 ITEMS PULLED FOR DISCUSSION
4. APPROVE THE FINAL MAP FOR THE LUMBER YARD PHASE 2 PROJECT – TRACT NO. 10621 (DEPOT STREET AND EAST DUNNE AVENUE), AND THE
FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE LUMBER YARD PHASE 1 – TRACT NO. 10541
Recommendation:
1. Approve the Final Map for the Lumber Yard Phase 2 Project (Tract No. 10621);
2. Authorize the recordation of the Lumber Yard Phase 2 Final Map;
3. Approve the First Amendment to the Subdivision Improvements Agreement for the Lumber Yard Phase 1 Project (Tract No. 10541);
4. Authorize the City Manager to execute the First Amendment to the Lumber Yard Phase 1 Subdivision Improvements Agreement with MH LUMBERYARD 49, LLC; and
5. Authorize the recordation of the First Amendment to the Subdivision Improvements Agreement.
Senior Engineer Maria Angeles answered questions.
Public comment opened at 6:48 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended actions.
RESULT: Passed
MOVER: Council Member Tem Spring
SECONDER: Council Member Borgioli
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
8. AWARD AQUATICS CENTER RECREATION POOL REPLASTERING
PROJECT
Recommendation:
1. Award contract to Earl Adams Tile - Coping & Plastering, Inc. dba Adams Pool Solutions in the amount of $137,262 and contingency funds not to exceed $27,452; and
January 17, 2024
7 2. Authorize the City Manager to execute and administer that certain construction contract with Earl Adams Tile - Coping & Plastering, Inc. dba Adams Pool Solutions.
Maintenance Manager Keri Russell and Public Services Director Chris Ghione answered questions.
Public comment opened at 6:51 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended actions.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
9. AWARD COMMUNITY PARK DG PATHWAYS PROJECT
Recommendation:
1. Award Decomposed Granite (DG) Pathways Project to Angkor Engineering, Inc. in the amount of $51,825 and contingency funds not to exceed $25,913; and
2. Authorize the City Manager to execute and administer that certain construction contract with Angkor Engineering, Inc.
Maintenance Manager Keri Russell and Public Services Director Chris Ghione answered questions.
MOTION:
Approving the recommended actions.
RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Council Member
January 17, 2024
8 Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers NAYS: None
ABSTAIN: None
ABSENT: None
Public comment opened at 6:55 p.m. There being no requests to speak, public comment closed.
11. PURCHASE OF MOBILE OFFICE SPACE FOR AQUATICS CENTER AND
OUTDOOR SPORTS CENTER USE
Recommendation:
1. Approve the purchase of mobile office space for $100,000; and
2. Authorize the City Manager to execute necessary agreements to complete the purchase with approval of the City Attorney.
Public Services Director Chris Ghione and Deputy Director for Engineering Scott Creer answered questions.
Public comment opened at 7:03 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended actions.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
The meeting recessed at 7:03 p.m. and reconvened at 7:10 p.m.
12. RECEIVE MONTHLY BUDGET UPDATE AND NOVEMBER 2023 FINANCIAL
AND INVESTMENT REPORTS
Recommendation:
Accept and file report.
January 17, 2024
9 Finance Director Dat Nguyen provided a report and answered questions.
Public comment opened at 7:29 p.m. There being no requests to speak, public comment closed.
Report received.
10. PAVEMENT CONDITION UPDATE AND PAVEMENT REHABILITATION
PLANNING UPDATE
Recommendation:
Receive updates.
Public Services Director Chris Ghione and City Engineer Scott Creer answered questions.
Public comment opened at 7:29 p.m.
Joe Baranowski was called to speak.
There being no further requests to speak, public comment closed.
Report received.
OTHER BUSINESS
14. ADOPT RESOLUTION FOR AN EXCEPTION TO THE 180-DAY WAITING
PERIOD TO APPOINT RETIRED ANNUITANT, ANDREW CRABTREE, TO
SERVE AS TEMPORARY EXTRA HELP (GOVERNMENT CODE SECTIONS 7522.56 AND 21224) IN THE DEVELOPMENT SERVICES DEPARTMENT TO
PERFORM WORK AS A RETIRED ANNUITANT
Recommendation:
Adopt Resolution for an exception to the 180-day waiting period to appoint Andrew Crabtree, a retired annuitant, to serve as temporary extra help (Government Code Sections 7522.56 and 21224) in the Development Services Department to perform work as a Retired Annuitant.
City Manager Christina Turner provided the report.
Public comment opened at 7:46 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended action.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Borgioli
AYES: Council Member Spring, Council Member Borgioli, Council Member
January 17, 2024
10 Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers NAYS: None
ABSTAIN: None
ABSENT: None
The meeting recessed at 7:46 p.m. and reconvened at 7:52 p.m.
15. PROVIDE DIRECTION REGARDING CITY COUNCIL TERM LIMITS AND
MAYORAL TERM
Recommendation:
1. Provide direction to staff regarding the drafting of an ordinance creating term limits that would be submitted to the voters in November 2024; and
2. Provide direction to staff regarding the mayoral term.
City Clerk Michelle Bigelow provided the report and presentation.
Public comment opened at 8:21 p.m. The following people were called to speak:
Kathy Chavez Napoli
Joe Baranowski
Armando Benavides
Bryan Espiritu
Scott Stotler
There being no further requests to speak, public comment closed.
MOTION:
Direct staff to continue the item to a meeting in February or March.
RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Martinez Beltran
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Martinez Beltran would like to review the YMCA partnership. She
January 17, 2024
11 would also like to hear about the $1 million shortfall in Development Services.
CLOSED SESSION
City Attorney Donald Larkin announced the closed session item.
THREAT TO PUBLIC SERVICES OR FACILITIES (§ 54957)
Consultation with: Morgan Hill Police Department, Chief of Police
OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 9:15 p.m. There being no requests to speak, public comment closed.
The meeting adjourned to closed session at 9:15 p.m.
ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 10:24 p.m.
Minutes Prepared by:
Michelle Bigelow, City Clerk
11 CITY COUNCIL STAFF REPORT
MEETING DATE: February 21, 2024
PREPARED BY:
Mario Ramirez, Police Captain
APPROVED BY: City Manager
AWARD THE POLICE DEPARTMENT EXPANSION PROJECT TO JAHN
PLUMBING, INC. IN THE AMOUNT OF $229,221 AND THE
CONTINGENCY NOT TO EXCEED $22,922
RECOMMENDATION(S)
1. Award the Police Department Expansion Project to Jahn Plumbing, Inc. in the amount of $229,221; and authorize the expenditure of contingency funds not to exceed $22,922; and
2. Authorize the City Manager to execute and administer that certain construction contract with Jahn Plumbing, Inc.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Public Safety Master Plan
REPORT NARRATIVE:
The purpose of this item is to provide the City Council with an opportunity to consider the award of a contract to Jahn Plumbing, Inc. in the amount of $229,221 to complete the Police Department expansion. The scope of work for the Police Department expansion project includes all the labor and materials necessary to renovate 6,080 square feet of office space located at the north end of the Police Department. This area was previously subleased as commercial office space. The renovations will add additional office space to the Police Department, which will house the Police Department’s special operations and traffic units.
In soliciting bids for this contract, the City published a Notice Inviting Bids in the Morgan Hill Times on December 1, 2023. Staff also posted the bid documents on the City
11 Website, and the Public Purchase Online Service. The bid documents were also sent to the Builders Exchange of Santa Clara County, San Francisco Builders Exchange, Construction BidBoard, and Dodge and Data Analytics. A bid solicitation was issued on December 1, 2023. A non-mandatory pre-bid job walk was open to all bidders based on scheduling by Police Department staff. On January 10, 2024, five bids were received, ranging from $229,221 to $377,000. See the attached bid log (Attachment 1).
Staff is recommending awarding the project to Jahn Plumbing, Inc., the apparent lowest bidder, at $229,221. Jahn Plumbing, Inc., has almost 20 years of experience in renovating current structures, including the remodeling of 19 portables for the Linden Unified School District, the renovation of existing restrooms for the Franklin McKinley School District, and the moving of portable classrooms onsite and upgrading the interior for the Oak Grove School District. Staff is recommending that the Council award the contract to Jahn Plumbing, Inc. in the amount of $229,221 and authorize the City Manager to execute and administer the agreement (Attachment 2). In addition to authorizing the contract amount of $229,221, staff is also recommending a 10% contingency amount of $22,922. The total authorization with the contingency would be $252,143.
COMMUNITY ENGAGEMENT:
Inform
This staff report servers to inform the community of the Police facility expansion project.
ALTERNATIVE ACTIONS:
Not applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
Not applicable
FISCAL AND RESOURCE IMPACT:
If approved, the total funding authorization for this contract will be $252,143, which includes the contract amount of $229,221 and a 10% contingency of $22,922. This project is funded in the Adopted FY22-28 Capital Improvement Program (Project No. 228020).
CEQA (California Environmental Quality Act):
Categorical Exemption
The activities described in this staff report are categorically exempt under CEQA, specifically pursuant to Section 15301 (c) 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.
BID ABSTRACT:
Project: Morgan Hill Police Department Expansion Project Project#: PF2002
Bid Opening Date & Time: 1/17/2024 @ 2:00pm
Engineer's Estimate
(Includes construction
contingency)
Dynamic Trades, Inc.
Jahn Plumbing, Inc. dba West
Coast Plumbing Tucker Construcyion, Inc. Selway Construction, Inc. RK & Associated, Inc.
Bid Item # Description Quantity Unit Unit Price Extended Price: Unit Price Extended Price: Unit Price Extended Price: Unit Price Extended Price: Unit Price Extended Price: Unit Price: Extended Price:
1 Morgan Hill Police Department Expansion Project 1 LS $ 150,000.00 $ 247,055.00 $ 247,055.00 $ 214,221.00 $ 293,500.00 $ 293,500.00 $ 376,000.00 $ 376,000.00 $ 362,000.00 $ 362,000.00 2 Supplemental Work (Revokable) 1 LS $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 Bid Schedule Total: $ 165,000.00 $ 262,055.00 $ 229,221.00 $ 308,500.00 $ 391,000.00 $ 377,000.00 % Over Engineer's Estimate: - 58.82% 38.92% 86.97% 136.97% 128.48% % Over Low Bid: - 0.00% -12.53% 17.72% 49.21% 43.86%
1 of 1 1/24/2024
SEALED BID OPENING LOG SHEET
Project: Morgan Hill Police Department Expansion Project Project Manager: Mario Ramirez/ Chris Woodrow/ Yat Cho
Date: Tuesday, January 17, 2024
Time: 2:00 p.m.
Bidder’s Name Bid Amount
1. Jahn Plumbing $ 229,221.00
2. Tucker Construction $ 308,500.00
3. Dynamic Trades, Inc. $ 247,055.00
4. Selway Construction $ 376,000.00
5. RK & Associates, Inc. $ 377,000.00
6. $
7. $
8. $
9. $
10. $
Signed: Yat Cho
Morgan Hill Police Department Expansion CONTRACT
PF2002 Page 1
Version: April 2023
CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Morgan Hill (“City”) and Jahn Plumbing, Inc. (“Contractor”) for work on the Morgan Hill Police Department Expansion Project (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct on the Project. On February 21, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Award;
2.12 Notice to Proceed; and
2.13 The following: Uniform Building Code, City Standards
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
Morgan Hill Police Department Expansion CONTRACT
PF2002 Page 2
Version: April 2023
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Two-Hundred-Twenty-Nine-Thousandand-Two-Hundred-Twenty-One-Dollars ($229,221.00) (the “Contract Price”), for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 60 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of One-Thousand-Dollars ($1,000.00) per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract Price will be reduced accordingly.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City will not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code Section 1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
Morgan Hill Police Department Expansion CONTRACT
PF2002 Page 3
Version: April 2023
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code Section 1090 et seq., or the Political Reform Act, as set forth in Government Code Section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed.
Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. Notice. Any notice required by the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:
City:
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Phone: (409) 779-7259
Attn: City Clerk
Email: [email protected]
Copy to: [email protected]
Contractor:
Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent.
This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
Morgan Hill Police Department Expansion CONTRACT
PF2002 Page 4
Version: April 2023
12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure Section 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents, is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code Section 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code Section 313. If Contractor is a partnership, signature by a general partner with authority to bind the partnership is required. If Contractor is a limited liability company (LLC), a signature by a member or manager with authority to bind the LLC is required.
12.9 Electronic Signatures. Unless otherwise prohibited by law or City policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the City. [Signatures are on the following page.]
Morgan Hill Police Department Expansion CONTRACT
PF2002 Page 5
Version: April 2023
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.
The parties agree to this Contract as witnessed by the signatures below:
CITY OF MORGAN HILL:
_______________________________
Christina J. Turner
City Manager
Date: _________________________
Attest:
______________________________
Michelle Bigelow
City Clerk
Date: _______________________
Approved as to Form:
________________________________
Donald A. Larkin
City Attorney
Date: _________________________
CONTRACTOR:
JAHN PLUMBING, INC.
_________________________
Signature
__________________________
Name/Title [print]
Date: ____________________
Corporate entities must provide a
second signature:
_________________________
Signature
__________________________
Name/Title [print]
Date: ______________________
__________________________
Contractor’s License Number(s)
__________________________
Expiration Date(s)
Seal:
_________________________________
Contractor’s DIR Registration Number(s)
__________________________
Expiration Date
END OF CONTRACT
Morgan Hill Police Department Expansion PAYMENT BOND
PF2002 Page 6
Version: January 2021
PAYMENT BOND
The City of Morgan Hill (“City”) and Jahn Plumbing, Inc. (“Contractor”) have entered into a contract for work on the Morgan Hill Police Department Expansion Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ __________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than _______________________________ Dollars ($_________________) (“Bond Sum”), under California Civil Code Sections 9550, et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor
2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code Section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code Section 13020, with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code Section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code Section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Morgan Hill Police Department Expansion PAYMENT BOND
PF2002 Page 7
Version: January 2021
Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Email: ______________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court of Santa Clara County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
7. Effective Date; Execution. This Bond is entered into and is effective on ____________________, 20__.
SURETY: CONTRACTOR:
s/ _________________________ s/ _________________________ Name: _____________________ Name: _____________________ Title: ______________________ Title: ______________________ (Attach Acknowledgment with Notary
Seal and Power of Attorney)
APPROVED AS TO FORM:
By:______________________________
Donald A. Larkin, City Attorney
Date:__________________________
END OF PAYMENT BOND
Morgan Hill Police Department Expansion PAYMENT BOND
PF2002 Page 8
Version: January 2021
PERFORMANCE BOND
The City of Morgan Hill (“City”) and Jahn Plumbing, Inc. (“Contractor”) have entered into a contract for work on the Morgan Hill Police Department Expansion Project (“Project”).
The Contract is incorporated by reference into this Performance Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ ________________________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than
_________________________________ Dollars ($__________________) (the “Bond Sum”) to ensure Contractor’s faithful performance of its obligations under the Contract. By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond.
2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations under this bond will remain in full force and effect.
3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845.
4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.
5. Contractor Default. Upon written notification from City that Contractor is in default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:
5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;
5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds
Morgan Hill Police Department Expansion PAYMENT BOND
PF2002 Page 9
Version: January 2021
issued by an admitted surety as required by the Contract Documents, at Surety’s expense, or
5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Fax: _______________________________
Email: ______________________________
8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Superior Court of Santa Clara County, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
Morgan Hill Police Department Expansion PAYMENT BOND
PF2002 Page 10
Version: January 2021
9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___.
SURETY: CONTRACTOR:
s/ _________________________ s/ _________________________ Name: _____________________ Name: _____________________ Title: ______________________ Title: ______________________ (Attach Acknowledgment with Notary
Seal and Power of Attorney)
APPROVED AS TO FORM:
By:______________________________
Donald A. Larkin, City Attorney
Date:__________________________
END OF PERFORMANCE BOND
12 CITY COUNCIL STAFF REPORT
MEETING DATE: February 21, 2024
PREPARED BY:
Kristian Wallace, Associate Engineer
APPROVED BY: City Manager
AWARD MADRONE CHANNEL TRAIL IMPROVEMENTS PHASE II
PROJECT TO BEALS MARTIN AND ASSOCIATES, INC. IN THE
AMOUNT OF $497,327 AND A CONTINGENCY NOT TO EXCEED
$49,733, AND ADOPT RESOLUTION AMENDING THE FISCAL YEAR
2023-24 BUDGET TO RECOGNIZE $335,000 AS GRANT REVENUE AND APPROPRIATE AN ADDITIONAL $190,000 IN THE PARK IMPACT FUND (301) , FOR THE MADRONE CHANNEL TRAIL IMPROVEMENTS PHASE
II PROJECT
RECOMMENDATION(S)
1. Adopt resolution amending the Fiscal Year 2023-24 Budget to recognize $335,000 as grant revenue and appropriate an additional $190,000 in the Park Impact Fund (301), for the Madrone Channel Trail Improvements Phase II Project;
2. Approve the Madrone Channel Trail Improvements Phase II Project Plans and Specifications;
3. Award contract to Beals Martin and Associates, Inc. for the Madrone Channel Trail Improvements Phase II Project in the amount of $497,327;
4. Authorize expenditure of construction contingency funds not to exceed $49,733; and
5. Authorize the City Manager to execute and administer the construction contract with Beals Martin and Associates, Inc.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Supporting our Youth, Seniors, and Entire Community
2022-2023 Strategic Priorities
Economic Development
Transportation
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
12 REPORT NARRATIVE:
The Madrone Channel Trail has been identified in the Bikeways, Trails, Park and Recreation Master Plan as a key improvement for the City’s Bikeway System. The trail extends the length of the City adjacent to Highway 101 from Cochrane Road to Tennant Avenue and is utilized as a trail through a joint use agreement with Valley Water (Attachment 1). In 2021, phase I of the Madrone Channel Trail project was constructed and involved paving the trail between Cochrane Road and East Main Avenue. Phase II will complete the paved trail from East Main Avenue to Tennant Avenue.
The Madrone Channel Trail Improvements Phase II project was advertised in December 2023. Phase II of the project will complete the paving of the trail from East Main Avenue to Tennant Avenue. The base bid scope of work includes the paving of approximately 1.8 miles of 7-foot-wide Class I Trail with a 2-foot-wide aggregate base shoulder.
The bid opening was held on January 18, 2024, and the bid results are as follows:
Bidder Base Bid
Always Paving, Inc. $ 462,725
Beals Martin and Associates, Inc. $ 497,327
Silicon Valley Paving, Inc. $ 580,000
GradeTech, Inc. $ 607,429
Costal Paving & Excavating, Inc. $ 639,140
Galeb Paving, Inc. $ 640,613
Tri Valley Excavating Co., Inc. $ 657,347
McKim Corporation $ 664,452
R&M Paving Contractors, Inc. $ 693,000
Irish Excavation $ 715,213
Joseph J. Albanese, Inc. $ 788,400
Innovate Concrete, Inc. $ 794,767.40
Precision Grade, Inc. $ 931,835
Wattis Construction Co., Inc. $ 978,555
QLM, Inc. $ 1,087,761*
*The construction base bid total was corrected due to calculation error.
The bid proposals received were structured such that the lowest base bid was the lowest
12 responsible bidder. The apparent low bidder at the time of opening was Always Paving, Inc. However, Always Paving, Inc. withdrew their bid after the opening due to a mathematical error in their bid. This resulted in the lowest responsible bidder for this project being Beals Martin and Associates, Inc.
Beals Martin and Associates, Inc.’s bid is approximately 2.11% lower than the engineer’s estimate of $508,000. Beals Martin and Associates is an experienced contractor and has the necessary qualifications to do this project. Staff recommends the award of the contract to Beals Martin and Associates, Inc. in the amount of $497,327 with a 10% contingency for this project. The project is scheduled to begin in May 2024 and be completed by September 2024, assuming no significant delays.
The plans and specifications are available for review on the City’s webpage.
COMMUNITY ENGAGEMENT:
Involve and Inform
Adding a paved bike and pedestrian trail to the Madrone Channel Trail was discussed and brought forward by Community members during the development of the City’s Bikeways, Trails, Parks and Recreation Master Plan. The local Morgan Hill Bicycle and Pedestrian Advocacy Group has advocated for a paved pathway on the Madrone Channel Trail to support a better connection from the Downtown to the northwestern section of Morgan Hill and the Coyote Creek Trailhead. During construction, staff will inform the Community regarding the progress of this project using media, social media, and the City’s website.
ALTERNATIVE ACTIONS:
City Council may elect not to award this construction contract and direct staff to re-bid the project in hopes of obtaining a lower bid proposal. However, this does not guarantee that the new bid amounts will be lower and would delay the project by a minimum of four months. This project is also grant funded, which may cause additional delays or risks to funding, if re-bidding the project is to be completed.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
July 20, 2017 – Adopted the Bikeways, Trails, Parks and Recreation Master Plan.
January 23, 2019 – Resolution Authorizing Santa Clara Valley Water District Safe, Clean Water Grant Application.
May 15, 2019 – Adopt Resolution Authorizing Transportation Development Act Article 3 Grant Application.
February 19, 2020 – Approve Funding Agreement and Budget Amendment for Madrone Channel Trail Improvements Project Grant.
FISCAL AND RESOURCE IMPACT:
12 The overall total cost for the project is $553,423 and includes construction, project implementation, tree planting outside of the scope of work for this project, permit fees, design, and other construction related expenses.
The adopted Capital Improvement Program for this project (#PR1003) includes a budget of $363,423, and with an additional appropriation of $190,000, this project will be fully funded (Attachment 2).
Out of the overall total cost of $553,423, $455,000 will be reimbursed through two grants, and the remaining $98,423 would be funded from the Park Impact Fund (301), where there are sufficient funds to cover this portion. Of the $455,000 in reimbursable funds, $120,000 from the Safe, Clean Water Grant has been rolled over from the Madrone Channel Trail Improvements Phase I Project, and the other $335,000 has been funded by the Santa Clara Valley Transportation Authority (VTA) 2016 Measure B Bicycle and Pedestrian Capital Projects Competitive Grant Program for this phase of the project. The table below outlines the appropriations and funding sources.
Description Amount
Budget
Total Budget for Phase II Madrone Trail Project $ 553,423 Existing Appropriations in Adopted CIP $ (363,423)
Additional Appropriations Needed $ 190,000
Funding Sources
Valley Water – Safe Clean Water Grant $ 120,000
VTA - Measure B Bicycle and Pedestrian Capital Projects Competitive Grant
$ 335,000
City of Morgan Hill – Park Impact Fund (301) $ 98,423
TOTAL $ 553,423
The contract amount for the construction portion of this project with Beals Martin and Associates, Inc. is $497,327. Additionally, staff is requesting an authorization of 10% contingency of $49,733, for a total of $547,060, for the construction portion.
CEQA (California Environmental Quality Act):
Categorically Exempt.
The proposed improvements of the Madrone Channel Trail Improvements Phase I Project are categorically exempt from CEQA under Section 15304, Minor Alterations to Land, which covers minor public or private alterations to the condition of land, water,
12 and/or vegetation which do not include removal of healthy, mature, scenic trees for forestry or agricultural purposes, including the creation of bicycle lanes on existing rightof-way.
PROJECT LOCATION
North
N:\PROJECTS\CIP\PARKS\Madrone Channel Trail Improvements Phase II Project\Design\DWG\Madrone Channel Phase II Vicinity Map.dwg - 1/24/2024 2:12 PM - Plotted 1/24/2024 2:12 PM by Kristian Wallace SCALE: SHEET DRAWN BY: of JOB #: DATE:
Xrefs: Madrone Channel Phase II_(3-13-23); 23003topo; Topo
CITY OF
MORGAN
HILL City of Morgan Hill Engineering & Utilities 17575 Peak Ave. Morgan Hill, CA 95037 Phone: (408) 776-6480 Fax: (408) 779-7236 1 1 PR1003 KW 1/24/24 Vicinity Map Madrone Channel Trail Improvements Phase II
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN
HILL APPROVING AN AMENDMENT TO THE CITY’S FISCAL YEAR
2023-24 ADOPTED BUDGET TO APPROPRIATE $190,000 IN THE PARK IMPACT FUND (301) FOR THE MADRONE CHANNEL TRAIL
IMPROVEMENTS PHASE II PROJECT AND RECOGNIZE $335,000 AS
GRANT REVENUE
WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Budget for Fiscal Year 2023-24 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the activities allowed under this Resolution to not constitute a project under the provisions of the California Environmental Quality Act of 1970; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such ate the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution ; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Recitals. The City Council does hereby find, determine, and resolve that all the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the City’s previously adopted Fiscal Year 2023-24 Budget, as the same has been amended to date, is hereby further amended in accordance with and as reflected on Exhibit A attached hereto and incorporated herein by this reference; and
b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2023-24 Budget of City.
City of Morgan Hill
Resolution No.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 21st day of February 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
DATE: _____________________ ___________________________________ Mark Turner, MAYOR
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No.__________, adopted by the City Council at the meeting held on February 21, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ Michelle Bigelow, CITY CLERK
AGENDA BUDGET SCORECARD
FISCAL YEAR 2023‐2024
ADJUSTMENT # 018
FUND: 301 Park Impact Fund
FUNTION: 40 Public Services
DEPARTMENT: 40 Public Services
DIVISION: 8051 Traffic Impact
OBJECT: 86360 Contract Services
AGENDA DATE: 02/21/24
AGENDA ITEM TITLE:
07/01/23
06/30/24
PROJECTED
BEGINNING AMENDED ENDING
FUND ESTIMATED APPROPRI‐ FUND
BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 1,426,990 1,673,505 2,285,298 815,197 CUMULATIVE REVISIONS PRIOR ‐ ‐ ‐ ‐
TO RECOMMENDED ACTION
RECOMMENDED ACTION 335,000 190,000 145,000
RESULT OF RECOMMENDED ACTION 1,426,990 2,008,505 2,475,298 960,197 Award Madrone Channel Trail Improvements Project (Phase II)
13 CITY COUNCIL STAFF REPORT
MEETING DATE: February 21, 2024
PREPARED BY:
Maria Angeles, Senior Civil Engineer
APPROVED BY: City Manager
RECEIVE ANNUAL REPORT ON 2023 CITY ENGINEER
ACCEPTANCES OF PUBLIC IMPROVEMENTS COMPLETED BY
PRIVATE DEVELOPMENT PROJECTS
RECOMMENDATION(S)
Accept and file Annual Report on 2023 City Engineer acceptances of public improvements completed by private development projects.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Preserving and Cultivating Public Trust
REPORT NARRATIVE:
On December 2, 2020, the City Council approved the delegation of authority, from the City Council to the City Engineer, to accept the public improvements completed by private development projects. This delegation of authority was done to streamline the project acceptance process and reduce administrative costs.
At the December 2020 City Council meeting, City Council directed staff to bring back periodic reports to Council on the project acceptances performed by the City Engineer.
This is the third annual report (Attachment 1) to the City Council. The first and second annual reports included development projects accepted in calendar years 2021 and 2022, respectively. The attached report shows detailed information about the development projects accepted by the City Engineer in calendar year 2023.
COMMUNITY ENGAGEMENT:
This report serves to inform the City Council and Community about the project acceptances performed by the City Engineer in calendar year 2023.
ALTERNATIVE ACTIONS:
Not Applicable – acceptance of a report only; no action is required.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
December 2, 2020 – City Council formally delegated the authority to accept the public
13 improvements completed by private development projects from the City Council to the City Engineer.
February 16, 2022 – City Council accepted the first annual report on City Engineer acceptances of public improvements completed by private development projects in calendar year 2021.
March 15, 2023 – City Council accepted the second annual report on City Engineer acceptances of public improvements completed by private development projects in calendar year 2022.
FISCAL AND RESOURCE IMPACT:
The acceptance of this report has no fiscal impact.
CEQA (California Environmental Quality Act):
Not a Project
The acceptance of this report is considered “an organizational or administrative activity of a government that will not result in direct or indirect physical changes in the environment.”
No. Date of Acceptance by City Engineer Date of Project Completion Project Name Project Description Project Location APN Developer Name Date of Subdivision
Improvements
Agreement or
Improvement
Agreement
Date of Council
Approval of
Final Map
Streets Accepted Street Lengths (miles) Other Improvements Accepted Value of the Public Improvements Accepted Cochrane Road 0.11
Eagle View Drive 0.12
2 9/21/2023 8/25/2023 Montecito Estates (Tract 10535) 24-Lot residential subdivision Northwest corner of Diana Avenue and Lotus Way Lane 726-09-078 to 726-09-101 D.R. HORTON BAY, INC. 6/12/2020 6/3/2020 No new street miles 0.00 Frontage improvements along Diana Avenue (new curb, gutter, and sidewalk) $ 868,750
LIST OF DEVELOPMENT PROJECTS WITH PUBLIC IMPROVEMENTS ACCEPTED BY THE CITY ENGINEER CALENDAR YEAR 2023
1 9/21/2023 8/14/2023 Lantana - Wisteria (Tracts 10332 & 10410) 135-Lot residential subdivision Northwest corner of Mission View Drive and Cochrane Road 728-56-001 to 728-56-071, and 728-59-003 to 728-59-070 CALATLANTIC GROUP INC. 5/26/2016 6/28/2017 Frontage improvements
along Cochrane Road and
Eagle View Drive (new curb,
gutter & sidewalk, driveway
approaches, streetlights,
overhead utility
undergrounding, and traffic
lights)
$ 4,746,810
1 of 1
14 CITY COUNCIL STAFF REPORT
MEETING DATE: February 21, 2024
PREPARED BY:
Nichole Martin, Community Services Coordinator
APPROVED BY: City Manager
ADOPT RESOLUTION APPROVING COMMENCEMENT OF 2024 WEED
ABATEMENT PROGRAM
RECOMMENDATION(S)
1. Open/Close public hearing; and
2. Adopt a resolution authorizing Santa Clara County to commence hazardous vegetation abatement activities.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land REPORT NARRATIVE:
On December 6, 2023, the City Council adopted Resolution 23-049 declaring hazardous vegetation growing in the City of Morgan Hill to be a public nuisance. The Resolution further established February 21, 2024 as the date for a public hearing on properties proposed for inclusion in the 2024 Weed Abatement Program (Program). Program notices (Attachment 1) have been mailed to property owners in Morgan Hill whose properties have been identified as having, or potentially having, a problem with hazardous vegetation. In addition, notices of this public hearing have been published in the newspaper per Government Code Section 39566. The purpose of this hearing is to allow property owners to object to having their property in the 2024 Weed Abatement Management Program, have the City Council consider these objections, and/or provide general public comment regarding the program. The list of properties in the Program has been posted at City Hall for over ten days prior to this public hearing.
The City controls the growth of hazardous vegetation under the authority set out in Chapter 8.20 of the Morgan Hill Municipal Code and in Government Code Sections 39560 and following. The City has a contract with the Santa Clara County Consumer and Environmental Protection Agency (Agency) which provides for abatement of the property if the property owner does not maintain the property as required. If the work is completed by the Agency's contractor, costs for the work are assessed to the property
14 owner. Properties on the Weed Abatement Program List have been inspected by Agency staff and have been found to have unsafe vegetation during the growing season. Once a property is added to the Program, it remains on the program for a minimum of three years.
COMMUNITY ENGAGEMENT:
Empower
The weed abatement program relies on a full range of community engagement approaches. Much of it begins when the County Program or City Fire Department informs a property owner that a hazardous situation has been observed on their property. As noted in the attached packet mailed to the property owners, each property owner is given several months during which they may consult and work together with Program staff to understand the situation and the needed remedies. Ultimately, each property owner is invited and empowered to remedy the situation themselves in order to minimize their program charges while maintaining public safety. In addition, many of the properties on the original list are placed on the list as a result of a complaint from a community member about a hazardous situation.
ALTERNATIVE ACTIONS:
The Council can choose to adopt the resolutions as presented or to exclude any of the properties on the list. In addition, the Council can choose to delay action on the resolution. Delaying action could ultimately provide the affected property owners with less notice and time to plan for abating their hazardous vegetation.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
The Council adopted the annual resolution in December. This hearing and the abatement schedule are consistent with the actions taken by the Council for over a decade.
FISCAL AND RESOURCE IMPACT:
The Weed Abatement Program is user fee supported. The per-lot assessment includes costs for doing the weed and brush control work plus overhead County costs to administer the program. The City does not retain any revenue for this activity. In addition to charges for failed inspections and actual abatement work, an annual inspection fee of $96 is charged to all property owners in the Program. These fees are communicated to the property owners when they are annually notified about the Program. The actual total charge per parcel will vary based on whether or not the property owner abated their own weeds and whether or not they did so before the County’s inspection, after the May 1 deadline. The County returns the actual proposed assessment list to the City in the summer for the assessment of program charges. Per the approach adopted by the Council, the program charges are discussed at a local prehearing with City staff and then imposed via an administrative hearing held by the County’s Hearing Officer.
Item (Current County Fee)
Annual Inspection and Administration ($96 annually)
14 Noncompliant Fee charged to properties not in compliance by the May 1 deadline ($546)
Abatement Administration Fee charged to properties requiring County abatement (Contractor costs + $884)
As the County has found that its revenues in the past were not always adequate to support the program, the Board of Supervisors has adopted a fee schedule designed to achieve full cost recovery and has shifted ultimate fiscal responsibility to participating jurisdictions. If the County determines that program-wide revenues in a given year were insufficient to cover program-wide costs, the jurisdictions participating in the Program will be billed for their prorata share of the shortfall.
Administering this Program is an activity in the Public Services Department work program and budget.
CEQA (California Environmental Quality Act):
Categorical Exemption
These activities are categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations, Title 21, Section 15304(i) (Minor Alterations to Land - Fuel Management Activities).
Sample
(over)
TRA 04
Notice to
Destroy
Weeds
NOTICE IS HEREBY GIVEN that on December 6, 2023, pursuant to the provisions of Section
8.20.030 of the Morgan Hill Municipal Code, the City Council of said City passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section 8.20.010, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that property owners shall without delay, remove all such weeds from their property, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the City authorities, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of said City to be held in the Council Chambers of the City of Morgan Hill located at 17555 Peak Avenue, Morgan Hill, California, on Wednesday, February 21, 2024, at 7:00 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration.
The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq.
(over)
TRA 04
MORGAN HILL WEED ABATEMENT PROGRAM SCHEDULE
February 21, 2024 Public hearing to consider objections to Abatement List.
May 1, 2024 PARCEL ABATEMENT DEADLINE
Parcel must be free from hazardous vegetation by this date or Inspector will order abatement.
July/August 2024 Assessment Hearing date to be scheduled by City Council. 2024 COUNTY WEED ABATEMENT FEES
Properties in the Weed Abatement Program, you will be responsible for an annual inspection fee of $96.00 per parcel.
Please be advised that the property owner of any parcel found to be non-compliant on or after the May 1
st deadline will be charged a processing fee of $546.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges.
Should the abatement work be performed by a County contractor, you will be assessed the contractor’s charges plus a County administrative fee of $884.00 per parcel. 2024 COUNTY CONTRACTOR’S WEED ABATEMENT PRICE LIST
A) Disc Work**
PARCEL SIZE: 1
st Disc + 2nd Disc = Total Discs
0-12,500 sq.ft. $424.26 $170.56 $594.83
12,501sq.ft.- 43,560sq.ft. $424.26 $170.56 $594.83
Larger than 1 Acre $308.19 $150.51 $458.70 (PER ACRE)
** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing.
B) HANDWORK $5.73 PER 100 Square Feet (SF)
C) FLAIL 6 Foot Mower $7.31 PER 1,000 SF
MOWING 12 Foot Mower $7.31 PER 1,000 SF
D) LOADER WORK $175.31 PER HOUR
E) DUMP TRUCK $161.82 PER HOUR
F) BRUSH WORK $5.47 PER 100 SF
G) DEBRIS REMOVAL $60.20 PER HOUR
H) DUMP FEE 100%
Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement.
MINIMUM FIRE SAFETY STANDARDS (MFSS)
Fire Safety
Through
Vegetation
Management
Fire Resistant Landscaping
Santa Clara County
Consumer and Environmental
Protection Agency
Weed Abatement Program
1553 Berger Drive #1
San Jose, Ca 95112
Phone (408) 282-3145
Fax: (408) 286-2460
[email protected]
1. Vegetation must not exceed 6 inches in height any time after the compliance deadline.
2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.
3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.
4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.
5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger than five acres.
6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.
7. Keep vegetation cleared from under the eaves of houses.
8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.
9. Clear leaves, pine needles and debris from roof and gutters.
The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.
Trees:
African Sumac
California Pepper
Shrubs:
Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry
Groundcover:
Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)
The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.
The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.
This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.
Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.
Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.
Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.
• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.
Burrowing Owls
Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.
Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.
Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.
Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.
These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.
These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weedeating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.
More FAQ:
Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.
Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.
Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.
Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimizes the volume of combustible material before the hazards increase and dries out completely during the peak fire season.
Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.
Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.
You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.
Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.
Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required.
RESOLUTION NO. 24-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL INSTRUCTING THE SANTA CLARA
COUNTY CONSUMER AND ENVIRONMENTAL
PROTECTION AGENCY TO ABATE NUISANCES ARISING
OUT OF HAZARDOUS VEGETATION GROWING UPON
LOTS OR IN FRONT OF PROPERTY IN THE CITY OF
MORGAN HILL AS REQUIRED BY TITLE 8, CHAPTER
8.20 OF THE MORGAN HILL MUNICIPAL CODE
WHEREAS, pursuant to Title 8, Chapter 8.20 of the Morgan Hill Municipal Code, the City Council hereto adopted Resolution No. 23-049 declaring hazardous vegetation growing in the City of Morgan Hill to constitute a public nuisance; and WHEREAS, a Public Hearing was held pursuant to Resolution No. 23-049 and Chapter
8.20 of the Morgan Hill Municipal Code in that time and manner required by law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Morgan Hill authorizes as follows:
1. That the Santa Clara County Consumer and Environmental Protection Agency (Agency) is hereby ordered to abate the nuisance or cause the same to be abated by having the vegetation destroyed by cutting, discing or any other method as may be determined by the Agency for the properties on the attached list.
2. That any property owner shall have the right to destroy or remove at his or her expense prior to removal of said vegetation by the Agency.
3. That the Agency shall keep an account of the cost of removing said vegetation and document such account in a report and assessment list, and file the same with the City Clerk. Such report shall refer to each separate lot or parcel of land, together with the expense of removal of hazardous vegetation therefrom.
PASSED AND ADOPTED by the City Council of Morgan Hill on this 21st day of February 2024 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
Resolution No. 24-XXX
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 24-XXX, adopted by the City Council at its meeting held on February 21, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ _______________________________ Michelle Bigelow, City Clerk
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1 E. DUNNE AV 726-02-012 WU, MEI-TSU K 1441 HUNTINGTON DR STE SOUTH PASADENA CA 91030 400 2 17364 WALNUT DR 726-07-021 DELUKE COMPANY LTD 535 ARRASTADERO RD PALO ALTO CA 94306 400 3 17361 SAINT ARCHER WY 726-07-090 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 400 4 17365 SAINT ARCHER WY 726-07-091 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 400 5 17369 SAINT ARCHER WY 726-07-092 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 400 6 17373 SAINT ARCHER WY 726-07-093 WALNUT MORGAN HILL LLC 41796 SHERWOOD ST FREMONT CA 94538 400 7 17378 SAINT ARCHER WY 726-07-094 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 400 8 920 1 DIANA AV 726-07-095 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 400 9 17376 WALNUT DR 726-07-096 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 400 10 17374 WALNUT DR 726-07-097 WALNUT MORGAN HILL LLC 560 SOUTH MATHILDA AVE SUNNYVALE CA 94086 400 11 17372 WALNUT DR 726-07-098 WALNUT MORGAN HILL LLC 41798 SHERWOOD ST FREMONT CA 94538 400 12 761 1 DAKOTA DR 726-09-103 YEAGER, TRAVIS W AND COURTNEY 761 DAKOTA DR MORGAN HILL CA 95037-0000 400 13 751 1 DAKOTA DR 726-09-104 DUNNE, MICHAEL F JR AND JONNA 775 DIANA AVE MORGAN HILL CA 95037 400 14 JULIANN WY 726-09-105 DUNNE, MICHAEL F JR AND JONNA 775 DIANA AVE MORGAN HILL CA 95037 400 15 JULIANN WY 726-09-106 DUNNE, MICHAEL F JR AND JONNA 775 DIANA AVE MORGAN HILL CA 95037 400 16 DEPOT ST 726-13-050 SOUTHERN PACIFIC 400
17 17650 MCLAUGHLIN AV 726-23-019 MINTON, SINGLETON W AND 1450 W STANFORD RANCH ROCKIN CA 95765 400 18 MONTEREY RD 726-23-020 ECA PARTNERS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030-3305 400 19 17620 MONTEREY RD 726-23-021 GUNTER LOFTS LLC 720 SAN MARCOS CT MORGAN HILL CA 95037-5224 400 20 E CENTRAL AV 726-24-001 SOUTHERN PACIFIC E CENTRAL AVE MORGAN HILL CA 95037-3609 400 21 17910 MONTEREY RD 726-25-001 AFFORDABLE HOUSING LAND P O BOX 260770 ENCINO CA 91424 400 22 325 1 DIGITAL DR 726-25-041 OPERATING ENGINEERS LOCAL 1620 S LOOP RD ALAMEDA CA 94502 400 23 315 1 DIGITAL DR 726-25-065 TERRASAT COMMUNICATIONS INC 315 DIGITAL DR MORGAN HILL CA 95037-0000 400 24 BUTTERFIELD 726-25-091 MERSHO INVESTMENTS LLC 5752 COUNTRY CLUB PKWY SAN JOSE CA 95138-0000 400 24 records of 148 Santa Clara County Weed Abatement Program Page 1
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25 BUTTERFIELD 726-25-092 MERSHO INVESTMENTS LLC 5752 COUNTRY CLUB PKWY SAN JOSE CA 95138-0000 400 26 18303 ALPERA LN 726-25-095 MORGAN HILL MULTIFAMILY LLC 4 PARK PLAZA STE 1700 IRVINE CA 92614 400 27 18635 MADRONE PY 726-33-025 MERSHO INVESTMENTS LLC 5752 COUNTRY CLUB PKWY SAN JOSE CA 95138 410 28 225 1 COCHRANE RD 726-34-006 MERSHO INVESTMENTS LLC 5752 COUNTRY CLUB PKWY SAN JOSE CA 95138-0000 401 29 875 1 LIGHTPOST WY 726-35-015 LIGHTPOST LLC 20421 PACIFICA DR CUPERTINO CA 95014-3013 410 30 19115 ROSE AV 726-36-007 MAGINCALDA, LEROY J ET AL 4475 E WOODWARD RD MANTECA CA 95337 401 31 220 1 GINGER WY 726-36-056 WALTON, GARY A AND JEAN M PO BOX 1265 MORGAN HILL CA 95038-1265 401 32 GINGER WY 726-36-057 WALTON, GARY A AND JEAN M PO BOX 1265 MORGAN HILL CA 95038-1265 401 33 ROSE AV 726-36-078 1493 INVESTORS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 401 34 19210 MONTEREY RD 726-41-065 PEEBLES SQUARE LLC 1630 OAKLAND RD STE 215 SAN JOSE CA 95131 401 35 18210 BUTTERFIELD BL 726-44-005 GOLDEN STATE ASSEMBLY INC 18210 BUTTERFIELD BLVD MORGAN HILL CA 95037-0000 410 36 BUTTERFIELD BVL 726-58-001 EVERGREEN-BUTTERFIELD & 2390 E CAMELBACK RD UNIT PHOENIX AZ 85016 410 37 BUTTERFIELD BV 726-58-002 EVERGREEN-BUTTERFIELD & 2390 E CAMELBACK RD UNIT PHOENIX AZ 85016 410 38 CHOCHRANE BV 726-58-003 TAMBRO PROPERTIES LLC 2780 ALUM ROCK AVE SAN JOSE CA 95127 410 39 SKIPPER LN 726-58-006 CUTINA MORGAN HILL LLC 711 CALLE ARTIS SAN JOSE CA 95131 410 40 BUTTERFIELD BV 726-58-007 EVERGREEN-BUTTERFIELD & 2390 E CAMELBACK RD UNIT PHOENIX AZ 85016 410 41 WOODVIEW 726-58-008 EVERGREEN-BUTTERFIELD & 2390 E CAMELBACK RD UNIT PHOENIX AZ 85016 410 42 WOODVIEW DR 726-58-009 EVERGREEN-BUTTERFIELD & 2390 E CAMELBACK RD UNIT PHOENIX AZ 85016 410 43 JARVIS DR 726-58-011 EVERGREEN-BUTTERFIELD & 2390 E CAMELBACK RD UNIT PHOENIX AZ 85016 410 44 JARVIS DR 726-58-012 TENFOLD DEVELOPMENT LLC 985 SW DISK DR UNIT 120 BEND OR 97702 410 45 17200 KRUSE RANCH LN 728-01-001 VALENCIA, ANDRES ET AL 17200 KRUSE RANCH LN MORGAN HILL CA 95037-6700 04-0 46 2275 1 E DUNNE AV 728-02-003 SERENE HILLS LLC 11541 SEVEN SPRINGS DR CUPERTINO CA 95014 400 47 1565 1 LEAFY CT 728-14-078 PINLAC, GANDRES AND ANNA LIZA 1565 LEAFY CT MORGAN HILL CA 95037-3340 400 48 1530 1 JASMINE WY 728-14-082 PANIUTIN, OLEKSANDR AND 1530 JASMINE WAY MORGAN HILL CA 95037-3337 400 48 records of 148 Santa Clara County Weed Abatement Program Page 2
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49 1370 1 JASMINE WY 728-15-041 LANGDON, JOSEPH A 1370 JASMINE WAY MORGAN HILL CA 95037-3334 400 50 1415 1 JASMINE WY 728-15-045 PRICHARD, CHARLES C ET AL 4242 CRESTVIEW DR LA MESA CA 91941 400 51 18105 DE PAUL DR 728-30-010 TC MORGAN HILL VENTURE LLC 415 MISSION ST UNIT 45 FLR SAN FRANCISCO CA 94105 400 52 18265 DE PAUL DR 728-30-011 TC MORGAN HILL VENTURE LLC 415 MISSION ST UNIT 45 FLR SAN FRANCISCO CA 94105 400 53 18225 DE PAUL DR 728-30-012 TC MORGAN HILL VENTURE LLC 415 MISSION ST UNIT 45 FLR SAN FRANCISCO CA 94105 400 54 18185 DE PAUL DR 728-30-013 TC MORGAN HILL VENTURE LLC 415 MISSION ST UNIT 45 FLR SAN FRANCISCO CA 94105 400 55 1485 1 COCHRANE RD 728-36-017 M V S COMPANY PO BOX 2067 SARATOGA CA 95070 400 56 2790 1 THOMAS AV 729-01-010 SCIALABBA, STEVE AND CAROL 12878 ARROYO DE SARATOGA CA 95070-3706 400 57 2990 1 THOMAS AV 729-02-004 HINDIYEH, OMAR JR ET AL 2038 MURDELL LN LIVERMORE CA 94550 400 58 OAKWOOD CT 729-16-021 MILLER, CLAYTON K AND ANNA M PO BOX 93 GILROY CA 95021-0093 400 59 16315 OAK CANYON DR 729-17-010 CROISETTIER, RAMANAKUMARI M 16315 OAK CANYON DR MORGAN HILL CA 95037-6813 400 60 16280 OAK CANYON DR 729-17-015 SHERMAN HOUSE ASSOCS 15600 OAKRIDGE CT MORGAN HILL CA 95037 400 61 16335 JACKSON DR 729-18-015 MARIN, THERESA J TRUSTEE 1005 SUMMERVIEW DR SAN JOSE CA 95132-2951 400 62 0 DUNNE AV 729-26-002 UNGER, EUGENE C AND ROSE A 134 VISTA DEL CAMPO LOS GATOS CA 95030-6313 04-0 63 17064 SHADY LANE DR 729-29-017 HANSON, BRYAN F AND MIKEAL K 111 LOCUST AVE HOLLISTER CA 95023-3536 400 64 17460 LAKE VIEW RD 729-41-019 BACH, JOSEPH AND LANAE 453 HOPE HULL CT GREEN COVE SPRINGS FL 32043-9500 400 65 2220 1 ROLLING DR 764-03-002 KOONTZ, THANE 2220 ROLLING HILLS DR MORGAN HILL CA 95037-9438 400 66 2180 1 ROLLING DR 764-03-004 HEISER, CHRISTOPHER J AND 2180 ROLLING HILLS DR MORGAN HILL CA 95037-9438 400 67 2130 1 GREENWOOD AV 764-03-005 GRIKO, YURI 2130 GREENWOOD AVE MORGAN HILL CA 95037-9439 400 68 17690 BLACK OAK CT 764-03-017 TULLY, SUSAN S AND TRUSTEE 7151 VIA ROMERA SAN JOSE CA 95139-1158 400 69 2055 1 ROCKY RIDGE RD 764-03-023 WIECZOREK, MARISSA ET AL 1547 PRINCETON DR SAN JOSE CA 95118 400 70 17915 WOODLAND AV 764-03-034 AVELAR, ANTONIO M TRUSTEE & ET 1212 EL CAMINO REAL UNIT SANTA CLARA CA 95050 400 71 280 1 TILTON AV 764-09-004 LI, WEIWEI AND ZHANG , WEI 135 RIVIERA DR APT.143 LOS GATOS CA 95032 400 72 MONTEREY RD 764-09-013 SOUTHERN PACIFIC MONTEREY RD MORGAN HILL CA 95037-0000 401 72 records of 148 Santa Clara County Weed Abatement Program Page 3
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73 OLD RD 764-10-003 SOUTHERN PACIFIC MORGAN HILL CA 95037-9228 401 74 MONTEREY RD 764-10-006 HABIB, MOHAMMAD 825 BURNETT AVE MORGAN HILL CA 95037-9023 401 75 18625 MONTEREY RD 764-10-008 BW MORGAN HILL LLC 2175 FRANCISCO BLVD EAST SAN RAFAEL CA 94901 401 76 18545 MONTEREY RD 764-10-013 TRINH, OANH OANH NGUYEN ET AL 1717 MESSINA DR SAN JOSE CA 95132 400 77 18565 MONTEREY RD 764-10-015 TRINH, OANH OANH NGUYEN ET AL 1717 MESSINA DR SAN JOSE CA 95132 400 78 115 1 CAMPOLI DR 764-24-077 18755 OLD MONTEREY LLC 5655 SILVER CREEK VALLEY SAN JOSE CA 95138 400 79 18735 OLD RD 764-24-078 18755 OLD MONTEREY LLC 5655 SILVER CREEK VALLEY SAN JOSE CA 95138 400 80 18745 OLD RD 764-24-079 18755 OLD MONTEREY LLC 5655 SILVER CREEK VALLEY SAN JOSE CA 95138 400 81 18755 OLD RD 764-24-080 18755 OLD MONTEREY LLC 5655 SILVER CREEK VALLEY SAN JOSE CA 95138 400 82 120 1 MUSTARD AV 764-24-081 18755 OLD MONTEREY LLC 5655 SILVER CREEK VALLEY SAN JOSE CA 95138 400 83 125 1 CAMPOLI RD 764-24-082 18755 OLD MONTEREY LLC 5655 SILVER CREEK VALLEY SAN JOSE CA 95138 400 84 18580 MURPHY CT 764-27-027 BERGIN, RUSSELL K AND NOREEN G 18580 MURPHY SPRINGS CT MORGAN HILL CA 95037-3063 400 85 640 1 SPARHAWK DR 764-31-037 ENDERSON, DANIELLE J TRUSTEE & 610 CHESTERTON AVE BELMONT CA 94002 400 86 17996 HILLWOOD LN 764-32-044 CRONK, JON E AND DIANE D 17996 HILLWOOD LN MORGAN HILL CA 95037-3529 400 87 TRUMPP CT 764-35-059 TRUMPP, WALTER C TRUSTEE 1540 INDUSTRIAL AVE SAN JOSE CA 95112-2714 400 88 600 1 CLAREMONT DR 764-36-026 YOKOI, ELINOR M TRUSTEE 600 CLAREMONT DR MORGAN HILL CA 95037-4106 400 89 430 1 CLAREMONT DR 764-36-059 MAHSENI, ALIREZA M AND ZEINALI , 2544 WESTGATE AVE SAN JOSE CA 95125-4043 400 90 17635 PEAK AV 764-36-060 MAHSENI, ALIREZA M AND ZEINALI , 2544 WESTGATE AVE SAN JOSE CA 95125-4043 400 91 17605 JOHN TELFER DR 764-38-005 GRAVES, JEFF B AND VO , LYNN 1177 BRANHAM LN UNIT 109 SAN JOSE CA 95118 400 92 17695 JOHN TELFER DR 764-38-013 TORSTENSSON, GUSTAV P AND 17695 JOHN TELFER DR MORGAN HILL CA 95037-4012 400 93 18605 CASTLE HILL DR 764-43-001 DOHERTY, SEAN AND SUSAN M 18605 CASTLE HILL DR MORGAN HILL CA 95037-9171 400 94 18470 CASTLE HILL DR 764-45-007 GLENROCK BUILDERS INC P.O. BOX 1179 MORGAN HILL CA 95038 400 95 18580 CASTLE HILL DR 764-45-021 GLENROCK BUILDERS INC P.O. BOX 1179 MORGAN HILL CA 95038 400 96 18490 CASTLE HILL DR 764-45-030 GLENROCK BUILDERS INC 14500 SYCAMORE DR MORGAN HILL CA 95037-0000 400 96 records of 148 Santa Clara County Weed Abatement Program Page 4
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97 CASTLE HILL DR 764-45-031 GLENROCK BUILDERS INC P.O. BOX 1179 MORGAN HILL CA 95038 400 98 18303 LLAGAS CT 764-53-005 MELLOW, CATHY 18303 LLAGAS CT MORGAN HILL CA 95037-0000 400 99 SPRING AV 767-01-052 GARCIA, W ROCKE AND GLENDA 14500 SYCAMORE DR MORGAN HILL CA 95037 400 100 DE MONTE AV 767-03-005 MURPHY, MELISSA L ET AL 17490 CARRIAGE LAMP WAY MORGAN HILL CA 95037-3746 400 101 W DUNNE AV 767-03-046 BETPOLICE, FARIDEH TRUSTEE 21515 HAWTHORNE BLVD TORRANCE CA 90503 400 102 W. MAIN AV 767-05-001 PACIFIC GAS & ELECTRIC CO 400 103 17205 MONTEREY RD 767-08-006 MANASSERO, VIRGINIA P TRUSTEE 515 PATTERSON BLVD PLEASANT HILL CA 94523 04-0 104 50 4TH ST 767-08-012 TONUS, VIRGINIA R TRUSTEE & ET 1654 SUNNYSLOPE RD HOLLISTER CA 95023 04-0 105 16815 MONTEREY RD 767-10-004 SINGIREDDY, NINGA 2740 TORO VISTA CT MORGAN HILL CA 95037-3947 400 106 16805 MONTEREY RD 767-10-046 SINGIREDDY, NINGA 2740 TORO VISTA CT MORGAN HILL CA 95037-3947 400 107 335 1 SPRING AV 767-11-030 GIANCOLA, JOSEPH TRUSTEE & ET 2290 A COCHRANE RD MORGAN HILL CA 95037-9306 400 108 BARNELL AV 767-12-012 HAREN PROPERTIES LLC 17045 HILL RD MORGAN HILL CA 95037 400 109 16615 DEL MONTE AV 767-16-045 CARUSO, SALVATORE AND 20431 MCKEAN RD SAN JOSE CA 95120-2403 400 110 180 1 FOOTHILL CT 767-17-012 PRATT, TERYL L AND ELIZABETH A 180 FOOTHILL CT MORGAN HILL CA 95037-5003 400 111 16595 MONTEREY RD 767-17-046 RED JASPER LLC 21701 STEVENS CREEK BLVD CUPERTINO CA 95014 400 112 16505 MONTEREY RD 767-17-047 VCBLA NIDO LLC 6840 VIA DEL ORO STE 170 SAN JOSE CA 95119 400 113 220 1 W EDMUNDSON AV 767-21-015 PANCAL EDMUNDSON LP 4125 BLACKFORD AVE #200 SAN JOSE CA 95117 400 114 1862 1 LLAGAS RD 773-18-029 KORTE, KYLE J ET AL 1862 LLAGAS RD MORGAN HILL CA 95037-9445 400 115 1210 1 LLAGAS RD 773-20-012 PETTEWAY, PATRICIA G 1210 LLAGAS RD MORGAN HILL CA 95037-9459 400 116 LLAGAS RD 773-32-017 STROLATA PROPERTIES LLC 999 FRANQUETE AVE SAN JOSE CA 95125 400 117 LLAGAS RD 773-32-018 STROLATA PROPERTIES LLC 999 FRANQUETE AVE SAN JOSE CA 95125 400 118 1110 LLAGAS RD 773-32-019 STROLATA PROPERTIES LLC 999 FRANQUETE AVE SAN JOSE CA 95125 400 119 LLAGAS RD 773-32-020 STROLATA PROPERTIES LLC 999 FRANQUETE AVE SAN JOSE CA 95125 400 120 MONTEREY RD 779-04-080 LIV MORGAN HILL LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 400 120 records of 148 Santa Clara County Weed Abatement Program Page 5
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Exhibit A
121 14545 ATHERTON CL 779-49-001 SILVAS, YANCEY M AND LORINDA 14545 ATHERTON CIR MORGAN HILL CA 95037-0000 402 122 15090 WATSONVILLE RD 779-51-055 MH DEVELOPMENT LLC 3619 LAGO DE BRACCIANO SAN JOSE CA 95148 402 123 16495 VINEYARD BL 817-02-043 TANSY DEVELOPMENT INC 1967 STANWOOD DR SANTA BARBARA CA 93103 400 124 16470 VINEYARD BL 817-02-044 TANSY DEVELOPMENT INC 1967 STANWOOD DR SANTA BARBARA CA 93103 400 125 175 MAST ST 817-02-047 SEMAAN, FADI I AND KRALIAN , 10538 PHIL PL CUPERTINO CA 95014-4670 400 126 CHURCH ST 817-02-055 LABRUCHERIE, ARMAND R AND 16373 REYNOLDS DR MORGAN HILL CA 95037-0000 400 127 CHURCH ST 817-02-056 LABRUCHERIE, ARMAND R AND 941 A BERRYESSA RD SAN JOSE CA 95133 400 128 CHURCH ST 817-02-057 LABRUCHERIE, ARMAND R AND 16373 REYNOLDS DR MORGAN HILL CA 95037-0000 400 129 CHURCH ST 817-02-060 LABRUCHERIE, ARMAND R AND 16373 REYNOLDS DR MORGAN HILL CA 95037-0000 400 130 CHURCH ST 817-02-061 LABRUCHERIE, ARMAND R AND 16373 REYNOLDS DR MORGAN HILL CA 95037-0000 400 131 CHURCH ST 817-02-062 LABRUCHERIE, ARMAND R AND 16373 REYNOLDS DR MORGAN HILL CA 95037-0000 400 132 RAILROAD AV 817-05-070 SOUTHERN PACIFIC RAILROAD AVE MORGAN HILL CA 95037-0000 400 133 TENNANT AV 817-08-015 COX, EUGENE R TRUSTEE & ET AL 4223 CHABOYA HILLS CT SAN JOSE CA 95148-3700 402 134 TENNANT AV 817-08-019 PANWALA, KUSUM S TRUSTEE & ET 17380 RINGEL DR MORGAN HILL CA 95037-3382 402 135 TENNANT AV 817-08-029 RAIL AND TENN LLC 600 TENNANT AVE MORGAN HILL CA 95037-5519 401 136 800 1 TENNANT AV 817-08-030 D DEVI OIL INC 41805 ALBRAE ST FREMONT CA 94538-3120 402 137 BARRETT AV 817-09-056 BFH CM RESIDENTIAL LLC 12657 ALCOSTA BLVD STE 250SAN RAMON CA 94583 400 138 235 1 SAN PEDRO AV 817-11-066 GREIF CONTAINERS INC A DELW CO 425 WINTER RD DELAWARE OH 43015 400 139 965 1 SAN PEDRO AV 817-11-073 965 PEDRO GROVE LLC 1457 EDGEWOOD DR PALO ALTO CA 94301-3118 400 140 16375 CONDIT RD 817-13-021 NG, BETTY TRUSTEE & ET AL 1835 FRANKLIN APT 903 SAN FRANCISCO CA 94109-3457 400 141 1075 1 CONDIT AV 817-13-022 NG, BETTY TRUSTEE & ET AL 1835 FRANKLIN APT 903 SAN FRANCISCO CA 94109-3457 400 142 HILL RD 817-20-031 LEWIS MORGAN HILL LLC POBOX 5368 SAN JOSE CA 95150 400 143 16015 CAPUTO DR 817-29-030 MORGAN HILL CAR WASH INC 5542 MONTEREY RD UNIT 217 SAN JOSE CA 95138 400 144 BARRETT AV 817-30-080 SANDHU, ATAM PARKASH SINGH 1800 SILVERWINGS CT MORGAN HILL CA 95037-9308 400 144 records of 148 Santa Clara County Weed Abatement Program Page 6
Situs APN CITY/STATE
2024 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF MORGAN HILL
T
Exhibit A
145 16695 SORREL WY 817-50-016 HARDESTY, DANIEL J ET AL 16695 SORREL WAY MORGAN HILL CA 95037-3925 400 146 470 1 SAN PEDRO AV 817-59-068 AHMADI, RAHMATOLLAH AND SHIVA3629 BERCAW LN SAN JOSE CA 95124-2831 400 147 16680 NINA LN 817-60-024 BUTTERICK, TIMOTHY W AND 16680 NINA LN MORGAN HILL CA 95037-5240 400 148 2785 1 TORO VISTA CT 817-70-007 NGUYEN, NGUYEN PHAM QUOC AND 848 POINT CREEK DR SAN JOSE CA 95133-2913 400 148 records of 148 Santa Clara County Weed Abatement Program Page 7
15 CITY COUNCIL STAFF REPORT
MEETING DATE: February 21, 2024
PREPARED BY:
Michelle Bigelow, City Clerk
APPROVED BY: City Manager
ADOPT RESOLUTIONS CALLING FOR A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024; PLACING
A MEASURE ON THE BALLOT TO ENACT A TWELVE CONSECUTIVE
YEAR LIMIT ON COMBINED MAYORAL AND CITY COUNCIL SERVICE;
PLACING A MEASURE ON THE BALLOT TO AMEND THE CURRENT
TWO-YEAR MAYORAL TERM TO A FOUR-YEAR TERM; AND
PROVIDE DIRECTION REGARDING TERM LIMITS FOR CITY BOARDS AND COMMISSIONS.
RECOMMENDATION(S)
1. Adopt Resolution A calling for a General Municipal Election to be held on Tuesday, November 5, 2024, to elect a Mayor, one Council Member from District A, one Council Member from District C, and the City Treasurer;
2. Adopt Resolution B requesting the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters Office - and the Consolidation of the Election;
3. Adopt Resolution C placing a measure on the ballot to enact a twelve consecutive year limit on combined Mayoral and City Council service;
4. Adopt Resolution D placing a measure on the ballot to amend the current twoyear Mayoral Term to a four-year term; and
5. Provide direction regarding term limits for boards and commissions.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Enhancing Diversity and Inclusiveness
REPORT NARRATIVE:
On May 3, 2023, the Council directed staff to bring this topic back for Council consideration. On June 7, 2023, the Council directed staff to research term limits and bring information back to the City Council to review and provide direction. The City of Morgan Hill does not have term limits for the Council or commissions. Should the City
15 Council want to put term limits in place for the elected positions of Mayor and Council Member, it would require voter approval. Term limits for commissions can be put in place by the Council's adoption of an ordinance. On January 17, 2024, the Council discussed enacting term limits for the Council and commissions and whether or not to change the Mayor's term from two to four years. The Council decided to continue the conversation to a future meeting.
Background
Government Code Section 36502(b) specifies that the City Council or the residents of the City may propose, by initiative, a proposal to limit the number of terms a member of the City Council may serve on the City Council or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless the proposition is submitted to the electors of the City at a regularly scheduled election and a majority of the votes cast favor its adoption. Limitations may be placed on the number of consecutive terms that Council Members may serve and may also be placed on the number of terms that a person may serve during their lifetime.
A few term-limit ordinances are currently being used throughout the state, and they generally fall within four models. However, these are examples, and the Council may choose term limits that serve our Community in the best way:
• Two or three consecutive four-year terms for Council Members and two or more consecutive two-year terms for the Mayor are followed by a hiatus of a specified duration (typically one, two, or four years) before the incumbent can seek election to additional terms.
• Two or three consecutive terms of four years for Council Members and two or more terms of two years for the Mayor.
• Eight or ten-year maximum consecutive terms for Council Members and the Mayor, followed by a hiatus of a specified duration (typically 1, 2, or 4 years) before the incumbent is eligible to seek election to additional terms. • Eight or ten-year maximum consecutive terms for Council Members and the Mayor.
In addition, pursuant to Government Code Section 36502(b), a term limit ordinance applies only prospectively. This means that any term of office that commenced before the ordinance's effective date would not count as a term served for implementing the ordinance.
NEXT STEPS:
Calling for the November 5, 2024, General Election
Pursuant to Election Code § 10002, the attached Resolution “A” calls for a General Municipal Election to be held on Tuesday, November 5, 2024, to elect a Mayor for a
15 two-year term; one Council Member from District A for a four-year term; one Council Member from District C for a four-year term, and the City Treasurer for a four-year term.
Section 7 of Resolution “A” provides “that in the event of a tie vote (if any two or more persons receive, an equal and the highest number of votes for an office) the City Council, in accordance with Election Code § 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.” The Council can adopt Resolution “A”, as presented, with the requirement that a tie vote will be resolved by special election. Should the Council wish to resolve a tie vote by lot, the Council should amend Section 7 of the Resolution “A” to read:
“SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara, Registrar of Voters Office, the City Council, in accordance with Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.” Section 5 of Resolution “B”, Candidates’ Statements, establishes a 200-word limitation for the Candidates’ Statements. Per City Council Resolution No. 16-005, Section 6 of Resolution B provides that candidates pay half the estimated costs to submit a “Candidate Statement.” The Santa Clara County Registrar of Voters Office has not yet provided Candidate Statement estimates.
The City Council typically certifies the general municipal election results in the second week in December following the election.
Proposed Ballot Measures
If the Council wants to place a term limit measure on the November 2024 ballot, staff has prepared a draft ballot measure that would:
• Limit individuals to consecutive terms of 12 years as either Mayor or Council Member.
• Allow a termed-out Mayor or Council Member to run for election again after a waiting period of four years.
These terms can be modified per City Council direction.
If the Council wishes to change the Mayor's term from 2 years to 4 years, staff has prepared a draft ballot measure to extend the Mayoral term.
Term Limits for Boards and Commissions
15 Chapter 2.22.010 of the Morgan Hill Municipal Code established four formal Boards and Commissions. These are the Planning Commission, the Parks and Recreation Commission, the Library Culture and Arts Commission, and the Disaster Council.
Currently, there are no term limits for any of the boards and commissions. Staff is seeking direction regarding the following:
• Should the City adopt term limits for some or all of the boards and commissions? • If the Council wants to adopt term limits for boards and commissions, how long should members be allowed to serve?
• If a member is termed out, should the member be allowed to serve on a different board or commission?
• Should a termed-out member be allowed to apply again after a waiting period, and if so, what should the waiting period be?
• Should term limits for boards and commissions be set by policy, which allows flexibility in the event that there is difficulty in filling vacancies, or should term limits be enacted by ordinance, which requires a formal process to amend.
COMMUNITY ENGAGEMENT:
This report serves to inform the Community of the City Council's discussion regarding term limits.
ALTERNATIVE ACTIONS:
The City Council may direct staff to take no further action.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
On May 3, 2023, the Council directed staff to bring back this topic for Council consideration. On June 7, 2023, the Council directed staff to research term limits and bring information back to the City Council to review and provide direction. On January 17, 2024, the Council discussed enacting term limits for the Council and commissions and whether or not to change the Mayor's term from two to four years. The Council decided to continue the conversation to a future meeting.
FISCAL AND RESOURCE IMPACT:
Should the City Council move forward with placing a measure(s) on the ballot, the estimated cost is $60,000 per ballot measure.
CEQA (California Environmental Quality Act):
Not a Project.
Organizational or administrative activities of governments will not result in direct or indirect physical changes in the environment.
State of California
GOVERNMENT CODE
Section 36502
36502. (a) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code.
If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant.
(b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve.
Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision.
(Amended by Stats. 1995, Ch. 432, Sec. 5. Effective January 1, 1996.)
Term Limits
February 21, 2024
Term Limits Examples
1 Council Member Term = 4 years
Mayor Term = 2 years
Council Discussion/Action
2 • Does the City Council wish to put term limits in
place?
o Yes:
§ Direct staff to bring back a resolution placing
term limits on the November 2024 ballot.
§ Provide direction to staff on:
Ø Term limits per seat i.e. Council Member x
terms and Mayor x terms
Or
Ø Term limits of total x consecutive years
Council Discussion/Action Cont.
3 § Provide direction ..:
Ø Whether to allow a hiatus between term
limits
Or
Ø Create a lifetime term limit
• Does the City Council wish to put term limits in
place for commissions?
• Yes:
• Direct staff to bring back an ordinance
codifying term limits for commissions.
Council Discussion/Action Cont.
4 • Does the City Council wish to change the mayoral
term from two to four years?
o Yes:
§ Direct staff to bring back a resolution placing
the mayoral term on the November 2024
ballot.
QUESTIONS?
5
RESOLUTION “A”
RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL, CALIFORNIA, CALLING, AND
GIVING NOTICE FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Morgan Hill, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor for the full term of two-years, a Member of the City Council from District “A”, a Member of the City Council from District “C”, and a City Treasurer for the full terms of four-years.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the Registrar of Voters of the County of Santa Clara to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.
City of Morgan Hill
Resolution No. 24-XXX
SECTION 7. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on the 21st day of February 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED: ATTEST:
____________________________ _______ ________________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No.24-XXX, adopted by the City Council at the meeting held on February 21, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
RESOLUTION “B”
RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MORGAN HILL, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SANTA
CLARA TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024 WITH THE GUBERNATORIAL STATEWIDE
GENERAL ELECTION TO BE HELD ON THE SAME
DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Morgan Hill called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of the election of a Mayor, a Member of the City Council from District “A”, a Member of the City Council from District “C”, and a City Treasurer, and;
WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide Gubernatorial General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters Office of the County of Santa Clara canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide Gubernatorial General Election on Tuesday, November 5, 2024, for the purpose of the election of a Mayor, a Member of the City Council from District A, a Member of the City Council from District C, and a City Treasurer.
SECTION 2. That the Board of Supervisors of the County of Santa Clara is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election.
SECTION 3. That the Registrar of Voters of the County of Santa Clara is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide/general election.
City of Morgan Hill
Resolution No. 24-XXX
SECTION 4. That the City of Morgan Hill recognizes that additional costs will be incurred by the County of Santa Clara by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. Candidate Statements. Candidates shall not be permitted to submit materials other than the Candidate Statement with the sample ballot and voter’s pamphlet. The Candidate Statement shall be two hundred (200) words or less.
SECTION 6. Candidate Statement Fee. Pursuant to City Council Resolution No. 16-005, adopted January 20, 2016, candidates will be required to pay half of the costs charged by the Santa Clara County Registrar of Voters Office to submit and publish a Candidate Statement at the time the Candidate Statement is filed with the City Clerk.
SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters Office of the County of Santa Clara.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 21st day of February 2024.
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
Resolution No. 24-XXX
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 24-XXX, adopted by the City Council at a regular meeting held on February 21, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
RESOLUTION “C”
RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN
HILL, CALIFORNIA, SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024,GENERAL MUNICIPAL ELECTION, A BALLOT
MEASURE TO ENACT TERM LIMITS FOR CITY COUNCIL
MEMBERS
WHEREAS, a General Municipal Election has been called and is to be held in the City of Morgan Hill, California, on Tuesday, November 5, 2024; and, WHEREAS, Government Code section 36502 provides that a general law city may enact limits on the number of terms a member of the city council may serve by a majority vote of the electors of the city; and,
WHEREAS, on February 21, 2024, the City Council met and considered a proposal to place term limits on the November 5, 2024, ballot; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the State of California, at the General Municipal Election on Tuesday, November 5, 2024, the following question shall be submitted to the voters:
Shall the measure amending the Morgan Hill Municipal Code YES to establish a twelve consecutive year limit on combined mayoral and city council service be adopted? NO
and
SECTION 2. That the text of the ballot measure is attached to this resolution as Attachment A.
SECTION 3. The ballots to be used at the election shall be in the form and content as required by law.
SECTION 4. The election on this measure shall be held, voting precincts designated, ballots be printed, polls opened and closed, ballots counted and returned, returns canvassed, the returns made, and result ascertained and determined, and all other proceedings conducted in connection with the election, under the regulations of the Registrar of Voters of Santa Clara
City of Morgan Hill
Resolution 24-XXX
County, in accordance with the provisions of the law governing general municipal elections in general law cities.
SECTION 5. The City Council authorizes all members of the City Council to file written argument(s) In Favor of or Against the measure described in Section 1 above, not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.
SECTION 6. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted to the City Clerk.
SECTION 7. The primary arguments for and against the measure shall be submitted to the City Clerk by five p.m. on August 9, 2024, to meet the deadline established by the Santa Clara County Registrar of Voters for primary arguments. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of the Argument to be provided by the City Clerk.
SECTION 8. In accordance with Elections Code section 9285(b), the City of Morgan Hill hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.
The elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments.
The author, or a majority of the authors, of any argument relating to the measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, by five p.m. on August 16, 2024, to meet the deadline established by the Santa Clara County Registrar of Voters for rebuttal arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be provided by the City Clerk and to be filed by the author(s) of the argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each
City of Morgan Hill
Resolution 24-XXX
rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 9. The City Attorney shall prepare an impartial analysis of the measure.
SECTION 10. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 11. If, at the election, a majority (50% plus 1) of the votes cast on the measure are in favor of the measure, then the measure shall be deemed to have been accepted and approved by the votes upon the date that the City of Morgan Hill declares the vote and shall go into effect ten (10) days after that date, pursuant to Section 9217 of the Elections Code.
SECTION 12. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.
SECTION 13. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 21st day of February 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CERTIFICATION
I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. 24-xxx, adopted by the City Council at a Regular Meeting held on February 21, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE:_____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
City of Morgan Hill
Resolution 24-XXX
ATTACHMENT A
ORDINANCE NO. ______, NEW SERIES
AN ORDINANCE OF THE CITY OF MORGAN HILL ADDING
A NEW SECTION 1.16.025 (“TERM LIMITS”) TO CHAPTER
1.16 (“ELECTIONS”) OF TITLE 1 (“GENERAL PROVISIONS”)
OF THE MORGAN HILL MUNICIPAL CODE
THE PEOPLE OF THE CITY OF MORGAN HILL DO ORDAIN AS FOLLOWS:
SECTION 1: Section 1.16.025 (“Term Limits”) of Chapter 1.16 (“ELECTIONS”) of Title 1 (“GENERAL PROVISIONS”) is hereby added to read as follows:
1.16.025 – Term Limits
A. A person may serve a combined maximum of twelve consecutive years of elective terms as either a City Councilmember or as Mayor.
B. Once a person reaches the combined consecutive elective terms provided in subsection A, the former Councilmember or Mayor is not eligible to be a candidate for election or appointed to serve again on the City Council until the expiration of four years following the end of the officer’s elective service.
C. If a person has only two available years of service remaining under the combined term limit provided in subsection (A), that person is not eligible to be a candidate for a four-year seat until the expiration of four years following their last service. The person may thereafter serve as Mayor, or a Councilmember as provided in subsection (B).
SECTION 2. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
RESOLUTION “D”
RESOLUTION NO. 24-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN
HILL, CALIFORNIA, SUBMITTING TO THE VOTERS AT THE
NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION, A BALLOT
MEASURE TO ENACT TERM LIMITS FOR CITY COUNCIL
MEMBERS
WHEREAS, a General Municipal Election has been called and is to be held in the City of Morgan Hill, California, on Tuesday, November 5, 2024; and, WHEREAS, in 1996, the electors of Morgan Hill enacted a measure creating a directly elected mayor with a mayoral term of two years; and
WHEREAS, Government Code section 34900 provides that a general law city may submit to the electors the question of whether an elected mayor shall serve a two-year or a fouryear term; and, WHEREAS, on February 21, 2024, the City Council met and considered a proposal to place a measure on the November 5, 2024, ballot to extend the mayoral term to four years; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the State of California, at the General Municipal Election on Tuesday, November 5, 2024, the following question shall be submitted to the voters:
Shall the measure to have the term of office for the directly YES elected Mayor of Morgan Hill be four years rather than the current two years be adopted? NO
and
SECTION 2. That the text of the ballot measure is attached to this resolution as Attachment A.
SECTION 3. The ballots to be used at the election shall be in the form and content as required by law.
City of Morgan Hill
Resolution No. 24-XXX
SECTION 4. The election on this measure shall be held, voting precincts designated, ballots be printed, polls opened and closed, ballots counted and returned, returns canvassed, the returns made, and result ascertained and determined, and all other proceedings conducted in connection with the election, under the regulations of the Registrar of Voters of Santa Clara County, in accordance with the provisions of the law governing general municipal elections in general law cities.
SECTION 5. The City Council authorizes all members of the City Council to file written argument(s) In Favor of or Against the measure described in Section 1 above, not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California.
SECTION 6. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted to the City Clerk.
SECTION 7. The primary arguments for and against the measure shall be submitted to the City Clerk by five p.m. on August 9, 2024, to meet the deadline established by the Santa Clara County Registrar of Voters for primary arguments. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of Argument to be provided by the City Clerk.
SECTION 8. In accordance with Elections Code section 9285(b), the City of Morgan Hill hereby authorizes the filing of rebuttal arguments as set forth below and in accordance with state law.
The elections official shall send a copy of an argument in Favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in Favor of the measure immediately upon receiving the arguments.
The author, or a majority of the authors, of any argument relating to the measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers, by five p.m. on August 16, 2024, to meet the deadline established by the Santa Clara County Registrar of Voters for rebuttal arguments. The rebuttal arguments shall be accompanied
City of Morgan Hill
Resolution No. 24-XXX
by the Form of Statement to be provided by the City Clerk and to be filed by the author(s) of the argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 9. The City Attorney shall prepare an impartial analysis of the measure.
SECTION 10. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 11. If, at the election, a majority (50% plus 1) of the votes cast on the measure are in Favor of the measure, then the measure shall be deemed to have been accepted and approved by the votes upon the date that vote is declared by the City of Morgan Hill and shall go into effect ten (10) days after that date, pursuant to Section 9217 of the Elections Code.
SECTION 12. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.
SECTION 13. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 21st day of February 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
CERTIFICATION
I, MICHELLE BIGELOW, CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. , adopted by the City Council at a Regular Meeting held on February 21, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
City of Morgan Hill
Resolution No. 24-XXX
DATE:_____________________ ___________________________________ MICHELLE BIGELOW, City Clerk
ATTACHMENT A
ORDINANCE NO. ______, NEW SERIES
AN ORDINANCE OF THE CITY OF MORGAN HILL
AMENDING SUBSECTION A. OF SECTION 1.16.020
(“ELECTION OF CITY COUNCIL MEMBERS”) OF CHAPTER
1.16 (“ELECTIONS”) OF TITLE 1 (“GENERAL PROVISIONS”)
OF THE MORGAN HILL MUNICIPAL CODE
THE PEOPLE OF THE CITY OF MORGAN HILL DO ORDAIN AS FOLLOWS:
SECTION 1: Subsection A of Section 1.16.020 (“Election of City Council Members”) of Chapter 1.16 (“ELECTIONS”) of Title 1 (“GENERAL PROVISIONS”) is hereby amended to read as follows:
1.16.025 – Term Limits
“A. As established by measures D and E, enacted by the voters on March 26, 1996, and as amended by the voters on November 5, 2024, the mayor shall be elected directly by the electors for a term of four years.”
SECTION 2. Severability. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
From: Yvonne Chavez
To: CC Public Comment
Subject: [EXTERNAL] Term Limits for City Counsel
Date: Wednesday, September 6, 2023 1:40:11 PM
To all concerned
I am voicing my opinion that I believe we should have Term Limits for City Counsel. We need to have constant and fresh eyes for keeping the wonderful town growing at the right pace. Some times I think members all they see are dollar signs and it’s pushing the business and good people out of town. Keep it real.
Yvonne Chavez
Long time resident
Sent from my iPhone
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Supplements from the 1/17/24
City Council meeting
From: Yvonne Chavez
To: CityCouncil
Subject: [EXTERNAL] Term limits
Date: Wednesday, September 6, 2023 1:32:04 PM
Hi
I am sending my desire to set term limits for city council.
This I believe will keep the ideas fresh and up to date.
Please consider for tonight meeting.
Regards
Yvonne Chavez
Home Owner in
Morgan Hill
Sent from my iPhone
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From: Christina Turner
To: Kim Mancera; Michelle Bigelow
Subject: FW: [EXTERNAL] No Term Limits
Date: Monday, January 15, 2024 7:43:55 PM
To supplement.
From: Carolyn Wallace <[email protected]>
Sent: Monday, January 15, 2024 5:56 PM
To: Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>; Mark Turner <[email protected]> Subject: [EXTERNAL] No Term Limits
Dear Morgan Hill City Council:
I am a resident of Morgan and asked that you please vote to oppose term limits.
We need effective leadership and limits should not be imposed, Thank you,
Carolyn Wallace
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Oppose Term Limits
Date: Monday, January 15, 2024 7:43:44 PM
To supplement.
-----Original Message-----
From: [email protected] <[email protected]>
Sent: Monday, January 15, 2024 6:13 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]> Subject: [EXTERNAL] Oppose Term Limits
I am a citizen of Morgan Hill and I asked that you please vote to oppose term limits.
We need good leaders and the citizens should be able to elect the leaders they want, it should not be based on time in service, it should be based on performance in office.
Thank you,
Eric Wallace
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Re: Term Limits
Date: Tuesday, January 16, 2024 8:49:54 AM
Supplement.
From: Tim Herlihy <[email protected]>
Sent: Tuesday, January 16, 2024 7:33 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Rene Spring <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>; Yvonne Martinez Beltran <[email protected]>
Subject: [EXTERNAL] Re: Term Limits
Resending with Yvonne's correct email.
On Tue, Jan 16, 2024 at 7:29 AM Tim Herlihy <[email protected]> wrote:
Good Morning,
I am a business owner, and resident in Morgan Hill, and I am opposed to term limits. The residents of Morgan Hill should be allowed to determine who we want representing us, and how long we want our elected officials to represent us for.
Limits should not be imposed on good leadership.
Sincerely,
Tim Herlihy
Creative Manufacturing Solutions Inc
18400 Sutter Blvd
Morgan Hill Ca 95037
P:(408)327-0600
F:(408)327-0603
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: Term Limits
Date: Tuesday, January 16, 2024 8:36:54 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: [email protected] <[email protected]> Sent: Monday, January 15, 2024 10:28 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Term Limits
Hello All,
It has come to my attention that the subject of term limits will be discussed at a future meeting. As a 10 year resident of Morgan Hill, I am opposed to term limits at the city and county level. I'm asking that you please vote to also oppose term limits. Thank you! Best Regards,
Gordon Kelly
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Resident of Morgan Hill
Date: Monday, January 15, 2024 4:53:50 PM
Please supplement.
-----Original Message-----
From: maria negrete <[email protected]>
Sent: Monday, January 15, 2024 4:53 PM
To: Mark Turner <[email protected]>; Michelle Bigelow <[email protected]>; Gino Borgioli <[email protected]>; Christina Turner <[email protected]>; Marilyn Librers <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Donald Larkin <[email protected]>
Subject: [EXTERNAL] Resident of Morgan Hill
“I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.” WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] RE: No Local Term Limits!
Date: Monday, January 15, 2024 4:36:30 PM
Please supplement.
From: Scott Stotler <[email protected]>
Sent: Monday, January 15, 2024 4:34 PM
To: Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Michelle Bigelow <[email protected]>; Marilyn Librers <[email protected]>; Mark Turner <[email protected]>; Rene Spring <[email protected]>; Donald Larkin <[email protected]>; Christina Turner <[email protected]> Subject: [EXTERNAL] RE: No Local Term Limits!
Hello council members and city staff,
Happy New Year!
Through some chat with local friends in Morgan Hill, I understand there is some discussion of term limits?
We are and have been Morgan Hill residents for 50 years since 1974. We have raised our family here and attended Morgan Hill schools.
Throughout my career since 1983, I have worked with city staff and have personally known every Mayor and most council members since then.
We have seen many qualified Council members and Mayors serve our Morgan Hill community and win re-election several times.
We strongly believe that in a small community, the voting citizens should have final say in selecting our council members and Mayors.
When we have a dedicated member, it is best to keep them! I have also seen council members and Mayors voted out by the people which is always a possibility. It is always an option!
Voting is the voice and choice of our local citizens.
For these above reasons..."We strongly oppose term limits in our local community elections!"
This always allows the Morgan Hill residents to determine their desired results.
It is only fair that...if a candidate obtains the peoples votes, this candidate can always run to be elected again without term limit.
Morgan Hill citizens have seen the benefits of "no term limits" by dedicated and competent representatives serving our wonderful city.
At the end of the day, voting people "in or out" is the way this was meant to work, and best for our neighborhoods!
Kind regards,
Scott and Liz Stotler
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: Term Limits - City of Morgan Hill
Date: Monday, January 15, 2024 4:33:43 PM
Please supplement.
-----Original Message-----
From: Shawn Cabral <[email protected]>
Sent: Monday, January 15, 2024 4:32 PM
To: Mark Turner <[email protected]>; Christina Turner <[email protected]> Cc: Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>
Subject: [EXTERNAL] Term Limits - City of Morgan Hill
Good Afternoon All
>
> I am a current Morgan Hill resident and homeowner and I’m asking you to please vote to oppose term limits. The City of Morgan Hill does not currently have term limits and there’s no reason to start now. Thank you for your time. >
> Shawn Cabral
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Cc: Donald Larkin
Subject: FW: [EXTERNAL] Term Limits - Opposed
Date: Monday, January 15, 2024 4:23:31 PM
To supplement for Item 15.
From: [email protected] <[email protected]> Sent: Monday, January 15, 2024 1:50 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Term Limits - Opposed
I am a resident and business owner in Morgan Hill, and I am opposed to term limits. The residents of Morgan Hill should be allowed to determine who we want representing us, and how long we want our elected officials to represent us for. Limits should not be imposed on good leadership.
Thank you.
Amanda Freel
President
The Freel Agency, Inc.
Private Investigators
CA PI License #29010, formerly CA PI
License #22490
17705 Hale Avenue, Building “I” Suite #1
Morgan Hill, CA 95037
Phone: (408)799-3752
Fax: (866)504-3826
www.thefreelagency.com
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Cc: Donald Larkin
Subject: FW: [EXTERNAL] Opposition to term limits
Date: Monday, January 15, 2024 4:22:05 PM
To supplement for Item 15.
-----Original Message-----
From: Bernard Mulligan <[email protected]>
Sent: Monday, January 15, 2024 4:12 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Christina Turner <[email protected]>; Michelle Bigelow <[email protected]>; Donald Larkin <[email protected]> Subject: [EXTERNAL] Opposition to term limits
As a Morgan Hill resident I oppose term limits. Bernie Mulligan Sent from my iPhone WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Term limits
Date: Monday, January 15, 2024 4:21:33 PM
To supplement for Item 15. Please note that the two comments that we have already included as a supplement are labeled as Item 17 (a carryover from the agenda when we first agendized).
From: Laurie Conforti <[email protected]>
Sent: Monday, January 15, 2024 3:27 PM
To: Rene Spring <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; [email protected]; Marilyn Librers <[email protected]>; Mark Turner <[email protected]>; Michelle Bigelow <[email protected]>; Yvonne Martinez Beltran <[email protected]> Subject: [EXTERNAL] Term limits
Good afternoon,
I am a resident of Morgan Hill and I’m asking you to please vote to oppose term limits. I believe the voters should determine who the elected officials are and how long they serve.
Regards,
Laurie Conforti
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term Limits
Date: Tuesday, January 16, 2024 9:38:40 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: BECKY PALM <[email protected]>
Sent: Tuesday, January 16, 2024 9:06 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Term Limits
I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.
Thank you
Becky Palm
Morgan Hill, CA
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Opposition to Term Limits
Date: Tuesday, January 16, 2024 10:29:30 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Jim Di Vittorio <[email protected]>
Sent: Tuesday, January 16, 2024 10:16 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Opposition to Term Limits
Dear Mayor and City Council Members,
My opposition to term limits is grounded in the fundamental principle of empowering the people. If the majority supports a candidate, they should have the ability to retain them in office. Conversely, if the majority disapproves of a candidate, they should have the prerogative to remove them. The decision should ultimately rest with the people.
Sincerely,
Jim Di Vittorio
Maple Leaf RV Park
15200 Monterey Road
Morgan Hill, CA 95037
408-461-0107
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Some basic facts on Term Limits Date: Tuesday, January 16, 2024 8:21:43 PM
Please supplement.
From: Joe Baranowski <[email protected]>
Sent: Tuesday, January 16, 2024 4:30 PM
To: Mark Turner <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Marilyn Librers <[email protected]>
Cc: CC Public Comment <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Some basic facts on Term Limits
Re: Agenda Item #15, Provide Direction Regarding City Council Term Limits, January 17, 2024 City Council Meeting
According to a summary prepared by the City of Saratoga and presented at their February 17th, 2021 city council meeting, Gilroy and Morgan Hill are the only two cities in Santa Clara County that do not have term limits for council and mayor seats.
According to the Santa Clara County Registrar of Voters, recent ballot measures for Term Limits were approved by an overwhelming majority of voters:
November 2020
Los Gatos Measure B PASSED: 82.41% Yes, 17.59% No
November 2022
Milpitas Measure F PASSED: 78.68% Yes, 21.32% No
Saratoga Measure C PASSED 76.72% Yes, 23.28% No
Does anyone REALLY think voters in Morgan Hill have a different view or desire to have Term Limits? Based on what data?
Do you REALLY want citizens to force you to put Term Limits, which will be on citizens terms, on a ballot via yet another Initiative that would once again just show how out of touch you are with your constituents?
Joe Baranowski
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] comment Morgan Hill City Council January 17 2024 #15 term limits Date: Tuesday, January 16, 2024 8:25:14 PM
Supplement.
From: D. Muirhead <[email protected]>
Sent: Tuesday, January 16, 2024 9:03 AM
To: CC Public Comment <[email protected]> Subject: [EXTERNAL] comment Morgan Hill City Council January 17 2024 #15 term limits Hello Morgan Hill City Council,
A comment for your meeting January 17 2024
Item #15 City Council term limits and Mayoral term
I have mixed feelings about term limits.
Our goal should be to have some new eyes and new ideas
balanced with knowledge of institution history and processes.
And "institution" includes all those agencies on which you serve as outside assignments.
Some of those who run for office have previous government experience.
In Morgan Hill that is probably Planning Commission and School Board.
For them we have some sense of how they will behave on the dais.
Others are completely unknown to us. For them the knowledge base is the Staff. It would be nice to have a probationary period for anyone first being elected to a government body. We do not have that and I do not approve of recalls except for criminal acts and gross incompetence. Given the power imbalance between the Mayor and the District members, we should keep the term for Mayor at two years.
Not all politicians will be dedicated, competent, knowledgeable public servants.
The ones I would like to term out either act entitled or choose to force their values on us by passing laws rather than making the effort to build consensus. Unlike State and Federal offices, I do not see much advantage to being an incumbent when running for City offices. If you choose to try term limits, I would lean toward three (3) terms. I have been sharing my ideas about good local government since 2011 so I have a sense of how long 12 years feels. A very long time indeed!
Regards, Doug Muirhead, Morgan Hill resident
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Agenda Item 15 Directions for Term Limits and Mayoral Term for 1/17/24 council meeting.
Date: Tuesday, January 16, 2024 7:57:47 PM
To supplement.
From: Armando Be <[email protected]>
Date: January 16, 2024 at 5:19:05 PM PST
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Agenda Item 15 Directions for Term Limits and Mayoral Term for 1/17/24 council meeting.
Dear City Council Members,
I want to express my preference for term limits. There are many good reasons for term limits. One: It eliminates career politicians. Two: it promotes new ideas. Three: It fights the influence of special interests.
A term limit is a legal restriction that limits the number of terms an officeholder may serve. When term limits are imposed in presidential and semi-presidential systems they act as a method to curb the potential for a monopoly of power, where a leader effectively becomes "President for Life". In regards to the City of Morgan Hill and our elected officials for Council and Mayor, historically elected members have served on our council for periods have approached twenty years. When we combine all the time these elected individuals have served on commissions, local school boards and panels, we can see that they have had exclusive influence in the decision making in Morgan Hill politics for long periods of time. It is time for this situation to change.
One should consider that people that serve on an elected body for excessively long interval of time stop being effective leaders in their elected positions. They lose a certain willingness to listen to their constituency and feel they no longer have to mind to the will of the people.
This is because there is no longer anyone that can successfully challenge them in an election. They are susceptible to the influence of special interest that continually support their reelection and are less inclined to be responsive or accountable to the will of the people. Term Limits will create opportunities for other people to run and will bring in new leadership with fresh perspectives and visions to the governing body. More people will be encouraged to run.
Morgan Hill should adopt Term Limits for the positions of Mayor and Council Members. This will open the current positions that have historically become locked by long term incumbents. It is time that long term incumbents either move up to a higher elected office in the county or state political arenas or they step out of Morgan Hill politics after they are termed out.
New people brings new ideas. The concept of citizen politicians is that our representatives in the community serve the people and then return to their former position in society to live and work under the laws and policies they have enacted. Term limits will ensure our representatives do not make a career out of local politics.
Regards,
Armando Benavides
408 829-4798
bcc: Interested citizens.
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term Limits
Date: Wednesday, January 17, 2024 9:21:28 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
-----Original Message-----
From: Katherine Napoli <[email protected]>
Sent: Wednesday, January 17, 2024 9:14 AM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]> Subject: [EXTERNAL] Term Limits
Good Morning:
As a Morgan Hill taxpayer, I fully support term limits. I have witnessed the benefits of term limits at the school district, city council, supervisor and state level. It allows new people to run for office with new ideas and diverse communities to become involved in decisions that affect all.
This issue is too important and far reaching to decide tonight. All of the community should have sufficient time and opportunity to comment on two, three, etc.. in a thoughtful and intentional process.
Regards,
Kathy Chavez Napoli
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term Limits
Date: Wednesday, January 17, 2024 10:19:37 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
-----Original Message-----
From: daniel harney <[email protected]>
Sent: Wednesday, January 17, 2024 10:14 AM
To: Mark Turner <[email protected]>
Cc: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]> Subject: [EXTERNAL] Term Limits
Council Members,
As a person who has previously served on the city council for Gilroy, I know and appreciate the difficult decisions you have to make as council members. I am sure you can agree, progress in government is equivalent to running a marathon. Much like a marathon runner who requires dedication, cross training and fostering strong relationships with coaches and sponsors, council members require time to develop and hone policy making skills, developing strong relationships with local, regional and state level leaders and developing a long term plan to implement changes to improve the quality of life for residents.
As a homeowner in Morgan Hill and a small business owner (employing approximately 20 employees), I urge you to vote in opposition to term limits at your upcoming city council meeting. I am sure you can agree that collectively you have made great progress and yet have many more challenges in the future to see your plans through.
Implementing term limits would cause disruption. Let’s keep the brightest and best representatives on the council as long as the voters support them.
Thank you for your time and dedication!
Also, please be reminded that as a homeowner and small business owner, I feel very fortunate to have Christina Turner as my City Manager. She is an exceptional leader with integrity that is second to none. I hope you agree that she is a top performer in all aspects of her duties as a City Manager.
Sincerely,
Dan Harney
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term limits
Date: Wednesday, January 17, 2024 1:56:50 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
-----Original Message-----
From: Ranga Rayudu <[email protected]>
Sent: Wednesday, January 17, 2024 1:40 PM
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Term limits
To the members of the City Council:
I write today as a concerned citizen of Morgan Hill. I favor term limits of all government positions at all levels, and request the Council to institute term limits for themselves. Although there are one or two council members I would love to see stay indefinitely, it would be a contradiction in terms of representative democracy preventing the centralization of power at any scale. There is no knowledge or experience required in governance that should be considered of greater value to the future of the city than the value of newly chosen representatives, an immediate measure of the will of the public. I am sure you can see the national need to now more than ever demonstrate this principle in action, and hope you will do your part at the local level.
Thank you for your consideration,
Ranga Rayudu
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From: Joe Baranowski
To: Mark Turner; Rene Spring; Yvonne Martinez Beltran; Marilyn Librers Cc: CC Public Comment; Michelle Bigelow
Subject: [EXTERNAL] A follow-up Re: Some basic facts on Term Limits Date: Wednesday, January 17, 2024 12:38:34 PM
Hello again,
Last night, upon receiving an unwanted and unsolicited reply to an email that I did not send to him, Mr. Borgioli indicated that he believes that receiving "over 50 emails against term limits citing let the people decide" is enough of a reason to make a decision on an important policy question.
I HOPE the rest of you show more seriousness of thought and a basic understanding of sample size and statistical significance than that! Come on.
Do you even remember this issue was discussed several times in the past? Do you recall what long-time advocates Steve Chappell and Marby Lee said after waiting for hours? If they don't send in a letter, will you take that to mean see they don't really care cuz they didn't respond to someone's request to send in a letter in the last 72-hours? Mr. Borgioli clearly didn't even remember them speaking just a few days later! He claimed on social media that Mr. Benivedes and "one council member and two or three ND ppl seem to believe we have a problem". And yet in that very same post, 16 residents (not including Mr Benivedes or myself or anyone else that is currently shown in any attached supplement as of the time of sending this email) stated unequivocal support for term limits, 2 residents were opposed and 2 or 3 were undecided. But unless you send in an email in a 72-hour window, you don't get to have any input? https://nextdoor.com/p/Ks5rJp_52BLg? view=detail&init_source=search&query=term%20limits If your argument is ~ "let the voters decide", please see my email from yesterday (all valid sample sizes!) and explain why you believe Morgan Hill voters would have a drastically different preference than every other city in Santa Clara County that has allowed voters to decide on Term Limits. THAT I can't wait to hear. Regards, Joe Baranowski
---- On Tue, 16 Jan 2024 16:29:59 -0800 Joe Baranowski <[email protected]> wrote - --
Re: Agenda Item #15, Provide Direction Regarding City Council Term Limits, January 17, 2024 City Council Meeting
According to a summary prepared by the City of Saratoga and presented at their February 17th, 2021 city council meeting, Gilroy and Morgan Hill are the only two cities in Santa Clara County that do not have term limits for council and mayor seats.
According to the Santa Clara County Registrar of Voters, recent ballot measures for Term Limits were approved by an overwhelming majority of voters:
November 2020
Los Gatos Measure B PASSED: 82.41% Yes, 17.59% No
November 2022
Milpitas Measure F PASSED: 78.68% Yes, 21.32% No
Saratoga Measure C PASSED 76.72% Yes, 23.28% No
Does anyone REALLY think voters in Morgan Hill have a different view or desire to have Term Limits? Based on what data?
Do you REALLY want citizens to force you to put Term Limits, which will be on citizens terms, on a ballot via yet another Initiative that would once again just show how out of touch you are with your constituents?
Joe Baranowski
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Date: Wednesday, January 17, 2024 2:42:11 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Miguel Jimenez <[email protected]>
Sent: Wednesday, January 17, 2024 2:41 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>
Cc: CC Public Comment <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Dear City Council,
I hope this email finds you well.
I'm writing to voice my support for term limits. In general, I think having individuals in the same elected position for many years isn’t ideal. I think term limits may reduce potential overreach in power by incumbents that hold the same position in office for an extended period of time.
I think having new City Council members and mayors at least periodically brings in new perspectives and ideas and really embodies the notion of government by the people.
According to The Pew Research Center 87% of Americans favor term limits for members of Congress. Both Democrats and Republicans overwhelmingly support term limits on a national level.
My understanding is that 9 out of the 10 largest cities in the U.S. have term limits including the City of San Jose.
Some elected officials may say we have elections which can act as a way to make sure there’s an opportunity for new residents to participate in the governing process. However, I don’t think an election is a substitute for term limits. Incumbents have significant advantages over challengers. I don’t think our representative democracy was ever meant to have career politicians.
Sincerely,
Miguel
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Date: Wednesday, January 17, 2024 2:53:58 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Susie Jimenez <[email protected]>
Sent: Wednesday, January 17, 2024 2:52 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>
Cc: CC Public Comment <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Agenda Item #15 - Term Limits, - January 17, 2024 City Council Meeting Dear City Council,
Happy New Year!
I'm a resident of Morgan Hill and I want to note my support for term limits. Having individuals in the same elected position for many years isn’t ideal. Term limits may reduce potential overreach in power by incumbents that hold the same position in office for an extended period of time.
Having new City Council members and mayors brings in new perspectives and ideas and really embodies the notion of government by the people.
According to The Pew Research Center 87% of Americans favor term limits for members of Congress. Both Democrats and Republicans overwhelmingly support term limits on a national level.
My understanding is that 9 out of the 10 largest cities in the U.S. have term limits including the City of San Jose.
Some elected officials may say we have elections which can act as a way to make sure there’s an opportunity for new residents to participate in the governing process. However, I don’t think an election is a substitute for term limits. Incumbents have significant advantages over challengers. I don’t think our representative democracy was ever meant to have career politicians.
Sincerely,
Susie Jimenez
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term limits...
Date: Wednesday, January 17, 2024 3:30:01 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Jim Leslie <[email protected]>
Sent: Wednesday, January 17, 2024 3:28 PM
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Term limits...
Morgan Hill Mayor and City Council Members:
I’d like to offer my view on term limits for your consideration.
Term limits are just fine and healthy for any community. My recommendation is that the term limits for the Morgan Hill City Council member positions as well as for the mayor’s office should be for two years duration with a two term limit. If the members do a good job, they’ll be re-elected; if they don’t, then the city can change course. In addition, there will be less likelihood that graft will take place and more emphasis on responsible focus on serving the citizens of our town.
Regardless of political position, we’ve all seen the unhealthy results of a failure to implement term limits in Washington, D.C. as well as in Sacramento. Let’s not have a repeat of that in our community. …one man’s view.
Best regards,
Jim Leslie
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Vote on Term Limits
Date: Wednesday, January 17, 2024 3:49:44 PM
supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Ibni Adam <[email protected]>
Sent: Wednesday, January 17, 2024 3:48 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Michelle Bigelow <[email protected]>
Subject: [EXTERNAL] Vote on Term Limits
I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Vote on Term Limits
Date: Wednesday, January 17, 2024 3:59:47 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Saboor Ghani <[email protected]>
Sent: Wednesday, January 17, 2024 3:53 PM
To: Christina Turner <[email protected]>; Donald Larkin <[email protected]>; Gino Borgioli <[email protected]>; Marilyn Librers <[email protected]>; Mark Turner <[email protected]>; Michelle Bigelow <[email protected]>; Rene Spring <[email protected]>; Yvonne Martinez Beltran <[email protected]>
Subject: [EXTERNAL] Vote on Term Limits
I’m a resident of Morgan Hill and I’m asking you to please vote to oppose term limits.
Saboor Ghani
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Cc: Donald Larkin
Subject: FW: [EXTERNAL] Re: Term limits...
Date: Wednesday, January 17, 2024 4:23:21 PM
Supplement.
From: Armando Be <[email protected]>
Sent: Wednesday, January 17, 2024 3:35 PM
To: Jim Leslie <[email protected]>
Cc: CityCouncil <[email protected]>
Subject: [EXTERNAL] Re: Term limits...
Good points. thanks for standing up for term limits. 12 out of 15 cities in the county have term limits. Morgan Hill, Gilroy, and Los Altos Hill are the only cities that don't. Also, every measure placed before the voters of those 12 cities passed by 75 --85% of the voters.
On Wed, Jan 17, 2024 at 3:27 PM Jim Leslie <[email protected]> wrote:
Morgan Hill Mayor and City Council Members:
I’d like to offer my view on term limits for your consideration.
Term limits are just fine and healthy for any community. My recommendation is that the term limits for the Morgan Hill City Council member positions as well as for the mayor’s office should be for two years duration with a two term limit. If the members do a good job, they’ll be re-elected; if they don’t, then the city can change course. In addition, there will be less likelihood that graft will take place and more emphasis on responsible focus on serving the citizens of our town.
Regardless of political position, we’ve all seen the unhealthy results of a failure to implement term limits in Washington, D.C. as well as in Sacramento. Let’s not have a repeat of that in our community. …one man’s view.
Best regards,
Jim Leslie
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: Fwd: [EXTERNAL] "Term limits for elected city officials" Date: Thursday, January 18, 2024 6:12:12 AM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
Begin forwarded message:
From: Sally Casas <[email protected]>
Date: January 17, 2024 at 8:55:55 PM PST
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] "Term limits for elected city officials" Good evening,
Regarding tonight council meeting agenda:
Please be advised that as a voter and resident of Morgan Hill, I definitely support "term limits" for all elected officials.
Sally Casas
17305 Monterey Rd. #211
Morgan Hill, CA 95037
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From: Michelle Bigelow
To: Kim Mancera
Cc: Christina Turner
Subject: FW: [EXTERNAL] Term limits
Date: Wednesday, January 17, 2024 5:59:46 PM
Supplement
Michelle Bigelow, MMC, CPMC
City Clerk/Public Information Officer
she | her | hers (what’s this?)
City of Morgan Hill
City Clerk’s Office
17575 Peak Avenue, Morgan Hill, CA 95037
D: 408.310.4678 O: 408.779.7259
[email protected]
morganhill.ca.gov | facebook | twitter
From: Janet MC ELROY <[email protected]>
Sent: Wednesday, January 17, 2024 5:57 PM
To: CityCouncil <[email protected]>
Subject: [EXTERNAL] Term limits
I am a resident of Morgan Hill and I support term limits for elected officials. I think 3 terms allows the benefit of experience and also makes way for new people with new ideas.
Janet McElroy
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From: Christina Turner
To: Michelle Bigelow; Kim Mancera
Subject: FW: [EXTERNAL] Term limits
Date: Thursday, January 18, 2024 12:49:44 PM
Please supplement.
-----Original Message-----
From: Susie Smith <[email protected]>
Sent: Wednesday, January 17, 2024 6:00 PM
To: Mark Turner <[email protected]>; Gino Borgioli <[email protected]>; Yvonne Martinez Beltran <[email protected]>; Rene Spring <[email protected]>; Marilyn Librers <[email protected]>; Christina Turner <[email protected]> Subject: [EXTERNAL] Term limits
> To Whom it May Concern;
> Is a life long resident of Morgan Hill I have never seen an issue with term limits. The voters have always made their voice count during elections. I seen no need for term limits and ask that you vote against it. > Thank you
> Susie Smith
>
WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.