Minutes — Morgan Hill City Council, November 20, 2024

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, November 20, 2024 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

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

CITY COUNCIL REPORTS
Council Member Martinez Beltran shared that on November 10, she attended the Latina November 20, 2024
2 Coalition brunch to celebrate their 25th anniversary. She also attended the Veterans Day memorial on November 11, an SVCE meeting last week, and a ribbon cutting for the farm workers' housing today. She spent some time at Booksmart on Saturday for their 30th anniversary. On November 15, she attended Philanthropy night and mentioned the art gallery opening last weekend.

November 20, 2024
3 CITY MANAGER'S REPORT
City Manager Christina Turner announced that the Morgan Hill Fire Department, in collaboration with Santa Clara County Emergency Medical Services and other key partners, has launched the Santa Clara County 911 Nurse Navigator Program. This program enables community members who call 911 for medical help to quickly receive the appropriate level of care, allowing an alternate method of care for non-lifethreatening calls. This will help reduce the demand for 911 emergency services dispatch and speed up the availability of emergency resources. 911 calls will initially be answered by a dispatcher who will assess each situation with care. Life-threatening emergencies will dispatch an immediate emergency response as usual. Non-lifethreatening medical calls or those not requiring an in-person response will be transferred to a Nurse Navigator, who can provide rides to medical care or offer medical advice.

She shared that this past weekend, we celebrated the opening of the Fine Art Gallery Downtown—You may now visit the gallery Tuesday through Sunday, 11 am to 6 pm.

Today, Royal Oak Village, a farmworker housing project on Watsonville Road and Monterey Road, celebrated its opening. Royal Oak Village consists of 73 affordable apartment units, with 30 dedicated to farmworker families, 18 set aside as Rapid Rehousing (RRH) units for homeless individuals and families, and the rest designated for individuals and families earning up to 50% of Area Median Income (AMI). She mentioned that the Parks and Recreation Division kicked off Winter/Spring 2025 recreational program registration on Monday, November 18. Residents can now review available classes on the City’s website. She shared that the Morgan Hill Parks and Recreation invites the Morgan Hill community to participate in a cheerful new tradition! Holiday Lights Morgan Hill. Please visit the city website for those in the community interested in signing up for the holiday home decorating contest. The Entry deadline is 11:59 pm on December 9, 2024.

Additionally, the City encourages residents to join a friendly contest to design a new, water-wise landscape layout. If you win, your landscape design will be installed at the Civic Center Plaza, between this building and City Hall, in 2025! The area is a smaller section of non-functional turf. The contest is open to City of Morgan Hill residents of all ages. No previous landscaping experience is needed. This is a creative contest. The last day to submit design applications is November 25, 2024. You can get more information on the City website. She announced that the City has begun notifying users of the wind-down of the MoGo Transit service. The pilot program was funded through VTA Measure B funds, and unfortunately, the pilot funding will be exhausted by early 2025. More information on the pilot program evaluation is available on the City website.

She wished the community a Happy Thanksgiving and mentioned that City offices will be closed Thursday and Friday next week, and the next Council meeting will be on December 4, 2024.

CITY ATTORNEY'S REPORT
None.

November 20, 2024
4 OTHER REPORTS
Council Member Librers shared that she attended the SVEDA conference and learned so much about economic development and downtown development. She also attended the grand opening of the art gallery.

PUBLIC COMMENT
Public comment opened at 6:10 p.m.

Mattie Scariot was called to speak.

There being no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed
MOVER: Council Member 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

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.

Approving consent calendar items 1 through 16.

MOTION:

Approving consent calendar items 1 through 3, 5, 7 through 11, and 13 through 16.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
November 20, 2024
5 NAYS: None
ABSTAIN: None
ABSENT: None

1. ACCEPT COMMUNITY PARK PICKLEBALL COURTS PROJECT
Recommendation:

1. Accept as complete the Community Park Pickleball Courts Project;

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

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

2. APPROVE ACQUISITION OF EASEMENT FROM THE CITY OF GILROY FOR

THE RELIEF SEWER TRUNK LINE
Recommendation:

1. Authorize the City Manager to acquire an easement from the City of Gilroy for property for the City's future relief sewer trunk line; and

2. Authorize the City Manager to execute all documents and make minor modifications, with approval of the City Attorney, as necessary in order to consummate the transaction.

3. ADOPT WEED ABATEMENT RESOLUTION
Recommendation:

Adopt resolution declaring weeds and brush to be a nuisance and setting the hazardous vegetation public hearing for January 15, 2025.

5. APPROVE AMENDMENT TO PROPERTY USE AGREEMENT WITH THE

SANTA CLARA VALLEY HABITAT AGENCY
Recommendation:

Authorize the City Manager to execute a property use agreement amendment with the Santa Clara Valley Habitat Agency.

7. APPROVE COMMUNITY PLAYHOUSE LICENSE AGREEMENT WITH SOUTH

VALLEY CIVIC THEATRE
Recommendation:

Authorize the City Manager to execute and administer the license agreement through December 2027 with South Valley Civic Theatre.

November 20, 2024
6 8. APPROVE FIRST AMENDMENT TO THE CONSULTANT AGREEMENT WITH ENGEO, INC. FOR DESIGN PROFESSIONALS TO INCREASE THE AMOUNT BY $150,000 FOR A TOTAL AGREEMENT OF $550,000
Recommendation:

1. Approve the first amendment to the consultant agreement for design professionals with Engeo, Inc. to increase the amount by $150,000 for a total agreement of $550,000; and

2. Authorize the City Manager to execute and administer the first amendment with Engeo, Inc.

9. APPROVE THE EASEMENT ACQUISITION FROM SANTA CLARA COUNTY

FOR THE NEW BUTTERFIELD FIRE STATION
Recommendation:

1. Authorize the City Manager to acquire an easement from Santa Clara County for access to the City's new Fire Station on Butterfield Boulevard; and

2. Authorize the City Manager to execute all documents and make minor modifications, with approval of the City Attorney, as necessary in order to consummate the transaction.

10. APPROVE THE NOVEMBER 6, 2024 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

11. AUTHORIZE PURCHASE OF FIRE DEPARTMENT REPLACEMENT VEHICLE

INCLUDING THE OUTFITTING OF EMERGENCY EQUIPMENT
Recommendation:

1. Recognize an insurance proceed payout of $24,301 for the replacement of the Fire Department vehicle F12001;

2. Amend the Adopted Fiscal Year (FY) 2024-25 Budget in the Equipment Replacement Fund (Fund 790), appropriating $97,770, which includes a 10% contingency of $8,889, for the purchase and outfitting of replacement vehicle F12001 with a 2024 Ford F250 Truck for the Fire Department; and

3. Authorize the City Manager to execute and administer the associated purchase agreement.

13. AWARD A WATER USE DATA TRACKING MANAGEMENT AND
November 20, 2024
7 COMMUNICATION SOFTWARE AGREEMENT TO AQUATRAX IN THE
AMOUNT OF $175,000
Recommendation:

1. Authorize the City Manager to execute an agreement for $175,000 with Aquatrax for use of their customer water use data tracking management and communication platform for a 5-year term; and

2. Authorize the City Manager to approve minor scope adjustments prior to entering into the final Aquatrax contract.

14. AWARD CONTRACT TO APEX COMPANIES, LLC FOR THE INSTALLATION OF SMALL TRASH CAPTURE DEVICES IN THE AMOUNT OF $287,000 Recommendation:

1. Approve the Installation of Small Trash Capture Devices Project plans and specifications;

2. Award contract to Apex Companies, LLC for the Installation of Small Trash Capture Devices Project in the amount of $287,000;

3. Authorize expenditures of construction contingency not to exceed $28,700; and

4. Authorize the City Manager to execute and administer the construction contract with Apex Companies, LLC.

15. AWARD CONTRACT TO EURO STYLE MANAGEMENT FOR THE 2025 ENCINO TANK REHAB PROJECT IN THE AMOUNT OF $780,850
Recommendation:

1. Award contract to Euro Style Management for the 2025 Encino Tank Rehab Project in the amount of $780,850;

2. Authorize expenditure of construction contingency funds not to exceed $78,085; and

3. Authorize the City Manager to execute and administer the construction contract with Euro Style Management.

16. RECEIVE REPORT REGARDING UPCOMING 2025 COMMISSION

VACANCIES PER MADDY ACT
Recommendation:

Receive report.

ITEMS PULLED FOR DISCUSSION
November 20, 2024
8 4. APPROVAL OF MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL

EMPLOYEES RESOLUTION, ELECTED OFFICIALS AND COUNCIL

APPOINTED AND PART-TIME TEMPORARY AND SEASONAL EMPLOYEES

SALARY SCHEDULES
Recommendation:

1. Approve the Management, Professional, and Confidential Employees Resolution effective December 22, 2024;

2. Approve the Part-Time Temporary and Seasonal Employees salary schedule effective December 22, 2024; and

3. Approve the Elected Officials and Council Appointed salary schedules effective June 23, 2024 and December 11, 2024.

City Manager Christina Turner provided a report.

Public comment opened at 6:14 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

6. APPROVE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL

CHAMBER AND CONFERENCE ROOMS
Recommendation:

Approve City Council Policy, "Code of Conduct for Public Meetings in the Council Chamber and Conference Rooms."
City Manager Christina Turner provided a report.

Public comment opened at 6:34 p.m. There being no requests to speak, public comment closed.

MOTION:

Approving the recommended action, including the following edits: add appointed November 20, 2024
9 official to the list of people that the policy applies to, change the Mayor to the Presiding Chair, including the City Attorney's designee, and any Council Member or Commissioner may ask that a warning be issued.

RESULT: Passed
MOVER: Council Member Borgioli
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

12. AUTHORIZE THE CITY MANAGER TO ENTER INTO A NEW AGREEMENT WITH SUN RIDGE SYSTEMS, INC. FOR COMPUTER AIDED DISPATCH (CAD) AND RECORDS MANAGEMENT SYSTEM (RMS) IN THE AMOUNT OF $779,484
Recommendation:

Authorize the City Manager to execute and administer an agreement with RIMS Law Enforcement Records Management System by Sun Ridge Systems, Inc. for a new CAD/RMS.

Police Chief Palsgrove provided a report. Support Services Manager Sara Tada answered questions.

Public comment opened at 6:40 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 Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: None
ABSTAIN: None
ABSENT: None
November 20, 2024
10 PUBLIC HEARINGS

17. CERTIFY THE ENVIRONMENTAL IMPACT REPORT, ADOPT FINDINGS OF

FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND

INTRODUCE ORDINANCE CREATING A PLANNED DEVELOPMENT AND
MASTER PLAN FOR 320 NEW RESIDENTIAL LOTS OF VARYING SIZES ON A 69.4-ACRE SITE LOCATED ON THE NORTHWEST QUADRANT OF HILL ROAD AND BARRETT AVENUE IDENTIFIED BY APN: 817-20-031
Recommendation:

1. Open/close public hearing;

2. Adopt a Resolution certifying the Environmental Impact Report (EIR), approve the Mitigation Monitoring and Reporting Program prepared for the project, and adopt Findings of Fact and Statement of Overriding Considerations;

3. Waive the first and second reading of the Ordinance for a Zoning Amendment to create a Planned Development with Standards and Master Plan; and

4. Introduce an Ordinance for a Zoning Amendment to create a Planned Development with Standards and Master Plan.

Senior Planner Tiffany Brown and Development Services Director Jennifer Carman provided a presentation and report.

The Mayor and Council Members announced their ex-parte contacts.

The meeting recessed at 7:46 p.m. and reconvened at 7:52 p.m.

The public hearing opened at 7:52 p.m. The following people were called to speak:

Rocke and Glenda Garcia and Ross Doyle (Applicants)
Janel Jannusch
Nancy Rhoads
Joe Machado
Paul Latala
Darcy Foster
Chuck Foster (on behalf of Jennifer Blalack)
Matt Igel
Abigail Reyes Pena
Kathy Becker
Leigh Payne
Liz
Mark Green
LaRene Green
Oleskii Tymoshenko
Abbie Serrano
Tom Tanner
Phillip Dahdouh
November 20, 2024
11 John Bonnell
Annonymous
Elizabeth Kather (Zoom)
Gil Chamaki (Zoom)
Jennifer Holstrom (Zoom)
David Enney (Zoom)
Ethan Roberts (Zoom)
Mei Long (Zoom)
Rachel Basso (Zoom)
Kristin (Zoom)
There being no further requests to speak, the public hearing closed.

MOTION:

Adopting the resolution and directing staff to come back to the council with more information as requested.

RESULT: Passed
MOVER: Mayor Pro Tem Librers
SECONDER: Council Member Borgioli
AYES: Council Member Borgioli, Mayor Turner, Mayor Pro Tem Librers NAYS: Council Member Spring, Council Member Martinez Beltran ABSTAIN: None
ABSENT: None
MOTION:

Waiving the first and second reading of the ordinance.

RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: Council Member Spring
ABSTAIN: None
ABSENT: None
MOTION:

Introducing the ordinance and requesting that the developer consider looking at additional VMT mitigation measures, including bike sharing, e-bikes, bike storage; amend the ordinance to reflect that the 55 affordable by design units are a substantial public benefit that supports the PD zoning.

November 20, 2024
12 RESULT: Passed
MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Librers
AYES: Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Mayor Pro Tem Librers
NAYS: Council Member Spring
ABSTAIN: None
ABSENT: None
The meeting recessed at 9:45 p.m. and reconvened at 9:52 p.m.

18. INTRODUCE ORDINANCE (ZA2024-0003) ESTABLISHING CHAPTER 18.78 (STANDARDS FOR PUBLIC ARTS) WITHIN TITLE 18 (ZONING) OF THE

MUNICIPAL CODE OF THE CITY OF MORGAN HILL IMPLEMENTING THE

REQUIREMENT OF PUBLIC ART IN NEW LAND DEVELOPMENT PROJECTS Recommendation:

1. Open/close the public hearing;

2. Waive first and second reading of the Ordinance; and

3. Introduce Ordinance.

MOTION:

Extending the meeting to 10:30 p.m.

The public hearing opened at 10:12 p.m. The following people were called to speak:

Amanda Santiago
Scott Canel
November 20, 2024
13 Yvonne Randolph
There being no further requests to speak, the public hearing closed.

MOTION:

Waiving the first and second reading of the ordinance to include a sentence in the section on the use of in-lieu funds for subsection a - add a preference for local artists.

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.

OTHER BUSINESS

19. APPROVE THE RENAMING OF MORGAN HILL DOWNTOWN

AMPHITHEATER IN HONOR OF COMMUNITY VOLUNTEER RICH FIRATO Recommendation:

Approve or do not approve the renaming of the Morgan Hill Downtown Amphitheater to the Rich Firato Downtown Amphitheater.

MOTION:

Extending the meeting to 11:00 p.m. and continuing item 20 to the December 4, November 20, 2024
14 2024, City Council meeting.

Public comment opened at 10:31 p.m. The following people were called to speak:

Nick Gaich
Brian Sullivan
There being no further requests to speak, public comment closed.

MOTION:

Approving the recommended action.

20. REVIEW AND APPROVE TRANSPORTATION MASTER PLAN
Recommendation:

1. Review and provide comments on Transportation Master Plan; and

2. Approve Transportation Master Plan.

Item continued to the December 4, 2024 City Council meeting.

November 20, 2024
15 FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Librers requested 4 way stops at Hill and Barrett, working with the County with lanes/striping.

Council Member Librers requested a review of the water bottle policy.

Council Member Martinez Beltran requested an item to conduct an AB 1600 nexus study for the VMT mitigation fund.

Council Member Martinez Beltran requested an ordinance that discusses the housing in-lieu fee fund.

CLOSED SESSION
City Attorney Donald Larkin announced the closed session item.

Conference with Legal Counsel – Existing Litigation (§ 54956.9) William Norman v. City of Morgan Hill: Workers Compensation Claim Nos.

MHL1500009 & MHL2400009

OPPORTUNITY FOR PUBLIC COMMENT
Public comment opened at 10:38 p.m. There being no requests to speak, public comment closed.

The meeting adjourned to a closed session at 10:38 p.m.

Council Member Martinez Beltran left at 10:39 p.m.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 10:45 p.m.

Minutes Prepared by:

Michelle Bigelow, City Clerk

Morgan Hill City CouncilNovember 20, 2024

Morgan Hill City Council
November 20, 2024