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, March 6, 2024 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
March 6, 2024
2 CALL TO ORDER
Mayor Turner called the City Council meeting to order at 6:00 p.m.
ROLL CALL ATTENDANCE
Deputy City Clerk Kim Mancera called the roll.
PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers
ABSENT None
DECLARATION OF POSTING AGENDA
Deputy City Clerk Kim Mancera declared the posting of the agenda.
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS
YAC Presentation
League of California Cities, California Business Roundtable (CBRT) measure
RECOGNITIONS
Recognizing the 2023 STEM winner Sharanya Chudgar
PROCLAMATIONS
Proclaiming March 31, 2024 as Cesar Chavez Day
Proclaiming the month of March 2024 as Women's History Month Proclaiming the month of March 2024 as Youth Arts Month
CITY COUNCIL REPORTS
Council Member Martinez Beltran shared that on February 28, 2024, she attended the March 6, 2024
3 League of California Cities Latino Caucus meeting. She attended the Silicon Valley Clean Energy executive meeting as well as the Joint Venture Silicon Valley Annual State of the Valley. She shared that the California Business Roundtable (CBRT) event will be on May 22, 2024. She wished everyone a happy Cesar Chavez Day and Women's History Month.
CITY MANAGER'S REPORT
City Manager Christina Turner announced that Assistant City Manager Edith Ramirez is the recipient of the 2024 Latinx Business Leadership Award. To help celebrate her recognition, our Economic Development Team is using this opportunity to highlight many amazing Hispanic owned businesses and Latinx employees in Morgan Hill. If you are a business owner who would like to recognize a local Latinex business leader at your company, please reach out to Brittney Sherman or Matt Mahood. She announced that summer activities are coming soon. On Friday, March 22, 2024 the summer recreation guide will be posted on the website. On April 2, 2024 our new online registration system will be active. On April 9, 2024 registration for our summer camps and programs begin and on April 11, 2024 registration for swim classes will commence.
On Wednesday, March 13, 2024 is the Mayor's State of the City address at 6:30 p.m. at the Morgan Hill Community Playhouse. In addition on March 31, 2024 is the opening game for the Panthers at SAP Center.
CITY ATTORNEY'S REPORT
No report.
OTHER REPORTS
None.
PUBLIC COMMENT
Public comment opened at 6:29 p.m. The following person was called to speak:
Eric
There being no further requests to speak, public comment closed.
ADOPTION OF AGENDA
MOTION:
Move item 8.2 in front of item 8.1.
RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Spring
AYES: Council Member Spring, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
March 6, 2024
4 NAYS: Council Member Borgioli
ABSTAIN: None
ABSENT: None
MOTION:
Move item 8 to right after the consent calendar.
RESULT: Passed
MOVER: Council Member Spring
SECONDER: Mayor Turner
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
MOTION:
Adopting the agenda.
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
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 the consent calendar.
March 6, 2024
5 RESULT: Passed
MOVER: Council Member Borgioli
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
1. APPROVE THE FEBRUARY 2, 2024 AND FEBRUARY 3, 2024 ANNUAL GOAL SETTING WORKSHOP MINUTES AND THE FEBRUARY 21, 2024 CITY
COUNCIL MEETING MINUTES
Recommendation:
Approve minutes.
2. AUTHORIZE THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO EDWARD R. BACON COMPANY IN THE AMOUNT OF $156,661 INCLUDING 10% CONTINGENCY FOR THE PURCHASE AND INSTALLATION OF
REPLACEMENT GENERATORS AT THE CITY FIRE STATIONS
Recommendation:
Authorize the City Manager to execute a change order to Edward R. Bacon, in the amount of $156,661, for the purchase and installation of two generators at the Morgan Hill Fire Stations.
3. RECEIVE MONTHLY BUDGET UPDATE AND JANUARY 2024 FINANCIAL
AND INVESTMENT REPORTS
Recommendation:
Accept and file report.
4. RESCIND AWARD OF COMMUNITY PARK DG PATHWAYS PROJECT AND
AWARD TO NEXT LOWEST BIDDER
Recommendation:
1. Rescind Award of 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. Award DG Pathways Project to Always Paving, Inc. in the amount of $56,100 and contingency funds not to exceed $28,050; and
3. Authorize the City Manager to execute and administer that certain March 6, 2024
6 construction contract with Always Paving, Inc.
OTHER BUSINESS ITEM MOVED
PUBLIC HEARINGS
5. INTRODUCE ORDINANCE (ZA2023-0001) AMENDING VARIOUS CODE PROVISIONS WITHIN TITLE 18 (ZONING) OF THE MUNICIPAL CODE OF
THE CITY OF MORGAN HILL IMPLEMENTING THE CITY OF MORGAN HILL 2023-2031 HOUSING ELEMENT; UPDATES TO ELECTRIC VEHICLE
CHARGING PROVISIONS TO PROVIDE CONSISTENCY WITH CHAPTER
15.62 (ELECTRIC VEHICLE CHARGING INFRASTRUCTURE); UPDATES TO PARKING PROVISIONS TO COMPLY WITH ASSEMBLY BILL 894; AND
IMPLEMENTING MINOR AMENDMENTS DUE TO CLERICAL ERRORS AND
INCONSISTENCIES
Recommendation:
1. Open/close the public hearing;
2. Waive first and second reading of the Ordinance Amendment; and
3. Introduce Ordinance Amendment.
Principal Planner Adam Paszkowski provided a presentation and report.
The public hearing opened at 9:03 p.m. There being no requests to speak, the public hearing closed.
MOTION:
Waiving the first and second reading of the ordinance.
RESULT: Passed
MOVER: Council Member Borgioli
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
MOTION:
Introducing the ordinance.
March 6, 2024
7 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
OTHER BUSINESS
6. ADOPT AN AMENDED RESOLUTION FOR AN EXCEPTION TO THE 180-DAY
WAITING PERIOD TO HIRE A RETIRED ANNUITANT, ANDREW CRABTREE,
TO SERVE AS A TEMPORARY EXTRA HELP EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56 AND 21224) IN THE DEVELOPMENT SERVICES
DEPARTMENT
Recommendation:
Adopt an amended 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).
Human Resources Director Michael Horta provided a report.
Public comment opened at 9:07 p.m. There being no requests to speak, public comment closed.
MOTION:
Approving the recommended action.
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
7. ADOPT RESOLUTION OF INTENTION AND INTRODUCTION OF
ORDINANCE TO AMEND THE CONTRACT BETWEEN THE BOARD OF
March 6, 2024
8 ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM (CALPERS) AND THE CITY OF MORGAN HILL TO
IMPLEMENT MILITARY SERVICE CREDIT AS PUBLIC SERVICE IN
ACCORDANCE WITH SECTION 21024 OF THE CALIFORNIA GOVERNMENT CODE
Recommendation:
1. Adopt Resolution of Intention of the City Council of the City of Morgan Hill stating its intent to amend the contract between the California Public Employees' Retirement System (CalPERS) and the City of Morgan Hill in order to implement Military Service Credit as Public Service in accordance with California Government Code section 21024;
2. Waive the first and second reading of the ordinance; and
3. Introduce ordinance by title
Human Resources Director Michael Horta provided a report.
Public comment opened at 9:08 pm. There being no requests to speak, public comment closed.
MOTION:
Adopting the resolution.
RESULT: Passed
MOVER: Council Member Borgioli
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
8. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL
INITIATED AGENDA ITEMS
Recommendation:
Determine if the majority of the City Council wants the following items agendized at a future meeting for discussion:
1. Consider a resolution for sustainable peace to end the war and the loss of life in Israel and Palestine; and
2. Consider continuing the discussion on remote public comments.
Item 8.2
March 6, 2024
9 City Manager Christina Turner introduced the items and Council Member Martinez Beltran provided a report.
Public comment opened at 6:42 p.m. The following people were called to speak:
Kamila
Anonymous
Anonymous
Anonymous
Armando Benavides
Aziz
Art Cohen
Arik
Anonymous
Rita Gutierrez-Gisher
There being no further requests to speak, public comment closed.
No action taken. This item will be added to a future meeting agenda.
Item 8.1
City Manager Christina Turner introduced the items and Council Member Martinez Beltran provided a report.
Public comment opened at 7:09 p.m. The following people were called to speak:
Nuzi
Aamin
Noshaba A.
Zain
Dina
Omar
Kamila
Vsman
Dima
Saima
Alfiya
Amina
Salam
Ismail
Naz K.
Mohammed
Rita
Bashera
Sarit
Vered
Iloch
Ronnit
Ido Waissman
Ronda A.
March 6, 2024
10 Dee H.
Dima
Aziz
Yousuff
Zain Y.
Rabbi Faith Joy Dantowitz
Shahla Khan
Debbie Israel
Sal A.
Kassel
Aaron Jarson
Rabbi Mendel Liberow
Avi
Gabby
Hina
Marby Lee
Rick
Donna
Nadine
Cohava
Arik P.
Shlomit
Mayrav
Yigal
Peter
Natalie Brisbin
Elizabeth Mandel
Anna Stepahenko
Mirian Buzi
Sophia Khalifa
Inga Pevchin
Edgardo Laber
Dorah Rosen
Wendy Greenfield
Public comment closed.
No action taken.
The meeting recessed at 8:32 p.m. and reconvened at 8:47 p.m.
FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Martinez Beltran would like to review policy 97-01 4.2, City Council Future Initiated Agenda Items.
CLOSED SESSION
City Attorney Donald Larkin announced the closed session item.
March 6, 2024
11 Conference with Legal Counsel – Existing Litigation (§ 54956.9) Serna v. City of Morgan Hill (Santa Clara County Case No. 23CV409430)
OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 9:14 pm. There being no requests to speak, public comment closed.
The meeting adjourned to closed session at 9:19 p.m.
ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 9:30 p.m.
Minutes Prepared by:
Kim Mancera, Deputy City Clerk