Attorney-Client Privileged Investigation Report
18 B. Findings Of Fact
1. Committee Assignments
The credible evidence fails to establish by a preponderance of the evidence that Turner recommended removing Martínez Beltrán from committee assignments or recommended that she not be assigned to committee assignments based on her race, gender, and/or because she ran against him for Mayor. Rather, it is more likely than not that Turner’s recommendations were based upon what he perceived to be a fair and equitable distribution of assignments.
Martínez Beltrán’s claim that she was somehow mistreated by Turner based on his recommendations is undermined by the fact that she was given the opportunity to provide C. Turner with a list of her preferred committee assignments but failed to do so. Whereas Librers, Vega, and Iwanaga responded to C. Turner’s email asking the Council Members to identify the committees they wanted to be assigned to, Martínez Beltrán did not respond.
Further, Turner and the other Council Members provided a legitimate explanation for why Turner’s recommendations made sense. For example, Vega is a school teacher and is the only school teacher on the City Council, and it is logical for her to serve as the City/School Liaison Committee. Additionally, Turner’s explanation that he wanted continuity on the Cities Association Committee is reasonable in light of the fact that the Librers wanted the assignment and had served in the same role the year prior, and that there is no rule proscribing that the Mayor Pro Tem serve as the alternate. The fact that past practice was to appoint the Mayor Pro Tem as the alternate to the Cities Association Committee does not require Turner to continue with past practice.
Finally, Martínez Beltrán claims that she was removed from multiple committee assignments, evidencing that Turner has animus against her. What she fails to recognize is that the City Council has five members, two of whom were new to the City Council and expressed an interest in serving on committees. The chart of assignments included on the City’s website shows that Martínez Beltrán is the primary Council Member assigned to seven committees, while Librers, Vega, and Iwanaga are assigned to fewer committees than Martínez Beltrán.
22 These numbers undermine Martínez Beltrán’s claim that she was subjected to disparate treatment compared to her colleagues on the City Council, or that Turner harbored any animus against her based on her race, gender, and/or the fact that she ran against him for Mayor.
2. February 7, 2025 Incident
Martínez Beltrán’s claim that during the February 7, 2025, meeting, Turner pushed her is not corroborated by the credible evidence presented, specifically the 20-second video provided to the undersigned.
Additionally, none of the witnesses interviewed observed Turner push Martínez Beltrán.
It is undisputed that during the February 7, 2025 City Council goal-setting meeting, during a break, Turner touched Martínez Beltrán. Turner admitted to engaging in this conduct, and the video confirms there was some sort of contact between them. What Turner credibly denied doing, and what is not depicted on the video, was pushing Martínez Beltrán. The video also does not show Turner yelling at Martínez Beltrán or “scolding her like a child,” as she reported to the police. Further, the video does not depict Turner pointing his finger at Martínez Beltrán.
Whereas Martínez Beltrán claims that Turner pushed her and that she said to him, “Don’t push me,” all of the witnesses who were present and observed the interaction between Turner and Martínez Beltrán reported hearing Martínez Beltrán use the word “touch” and not the word “push.” This is significant because Turner was described by Larkin and others as someone who “talks with his hands,” and therefore, he touches people when speaking to them. Martínez Beltrán’s use of the word “push” implied that Turner’s contact with her was aggressive or violent, which is much different from a “touch.” 22 The chart, obtained from the City’s website, is attached to this report as Exhibit 2.
Attorney-Client Privileged Investigation Report
19 It is also undisputed that Turner told Martínez Beltrán to “calm down.” Turner admitted making a comment to this effect, and Larkin and Librers corroborated hearing this comment.
Turner reported during his interview that he recommended Martínez Beltrán be appointed Mayor Pro Tem, which was ratified by the other Council Members. Although he could have recommended any Council Member to serve as Mayor Pro Tem, he credibly explained that he did not think it was appropriate for Vega and Iwanaga to serve in this role given they are brand new to the City Council. Turner could have recommended Librers serve another term as Mayor Pro Tem, but he did not do so, undermining Martínez Beltrán’s claim that Turner harbors any animus against her for running against him for Mayor.
The undersigned relied primarily on the video provided by C. Turner because it provides the most reliable and objective information regarding the interaction at issue. Moreover, as noted above, there were a number of factual discrepancies between what all of the witnesses reported. Significantly, the video footage shows Martínez Beltrán walking towards where Turner was standing, instead of walking around the tables on the other side to avoid interacting with him. The video also shows Martínez Beltrán putting up her arms as she nears Turner, and him sticking out his right arm, which appears to come into contact with Martínez Beltrán’s right arm. The video indicates that Turner continues to engage with someone who is off screen, presumably Martínez Beltrán, for approximately five seconds before he returns to his seat and sits down.
What the video does not depict is Turner yelling or pointing at Martínez Beltrán as she approaches him, which directly contradicts what she alleged.
VII. CONCLUSION
Based upon the foregoing, the allegations against Turner are not sustained. The credible evidence presented fails to establish by a preponderance of the evidence that Turner was improperly motivated by Martínez Beltrán’s race, gender, and/or her running against him for Mayor when he did not recommend Martínez Beltrán for the committee assignments she wanted or when he touched her arm during the February 7, 2025 Council meeting. Similarly, the credible evidence presented does not show by a preponderance of the evidence that Turner yelled at, pointed at, and pushed Martínez Beltrán, or otherwise engaged in any aggressive conduct towards her during the February 7, 2025 Council meeting.
If any further assistance is needed, please do not hesitate to ask.
Respectfully Submitted,
Karen Kramer
Kramer Workplace Investigations
EXHIBITS
EXHIBIT 1
Morgan Hill Police Dept. - CA
16200 Vineyard Boulevard
Morgan Hill, CA, 95037
+1 (408) 779-2101 Incident Report 2502070085-1 (Report 1 of 1) Incident Report 2502070085-1
Primary Officer: Ginther, Michael (299)
Assigned District: Team D
Overview
Incident Overview
REPORT PURPOSE
R - Person Crime
INCIDENT FROM DATE
02/07/2025
INCIDENT FROM TIME
09:30
INCIDENT TO DATE INCIDENT TO TIME
REPORTED DATE
02/07/2025
REPORTED TIME
15:53
LOCATION
City Hall, 17555 Peak Ave, Morgan Hill, CA, 95037, USA
LOCATION NOTE
City Council Chambers
LOCATION CATEGORY
Government/Public Building
DOES DATE INDICATE REPORT DATE?
Yes
ZIP CODE ARRC INDICATOR
No
IDENTITY THEFT INDICATOR
No
DOMESTIC VIOLENCE INDICATOR
No
GANG TYPE BWC ACTIVATED?
Yes
TRAFFIC COLLISION INVOLVED?
No
Involved Officers
OFFICER
Ginther, Michael (299)
BWC ACTIVATED?
Yes
UNIT ID
299
PROPERTY/EVIDENCE?
No
Other Agencies Involved
OTHER AGENCIES INVOLVED?
No
Case Factors
DISTRIBUTION REQUESTS
Adult Protective Services CPS City Attorney
DA Citation DA In Custody DA Warrant
DPW JPD Other
Other Agencies
SYNOPSIS
On the above date, time, and location, a public meeting was held with city officials. During a recess following a heated topic, it was alleged that offender pushed the victim causing a mild amount of pain. The victim desired criminal prosecution of the offender. Video surveillance and witness statements were obtained that were not consistent with the victim's statement. I am submitting this report for District Attorney review.
Offenses
242 - BATTERY ON PERSON - MIS Author: Ginther, Michael Printed by Graham, Hillary (298) at 02/19/2025 11:25 Page 1 of 15 (Page 1 of 14 in Incident Report 2502070085-1 (Report 1 of 1))
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Incident Report 2502070085-1 (Report 1 of 1)
Offenses (continued)
242 - BATTERY ON PERSON - MIS (continued) Author: Ginther, Michael
OFFENSE
242 - BATTERY ON PERSON - MIS
NIBRS UCR CODE
13B
SEVERITY
MISDEMEANOR
EXCLUDE FROM NIBRS
COMPLETION
C
Additional Details
OFFENDER IS SUSPECTED OF USING?
No
WAS CRIMINAL OR GANG ACTIVITY INNoWAS WEAPON/FORCE INVOLVED? Yes
WAS BIAS MOTIVATION INVOLVED?
No
CONSUMPTION LOCATION
TYPE OF WEAPON/FORCE INVOLVED
11 - Firearm 11A - Automatic Firearm 12 - Handgun
12A - Automatic Handgun 13 - Rifle 13A - Automatic Rifle 14 - Shotgun 14A - Automatic Shotgun 15 - Other Firearm 15A - Automatic Other Firearm 20 - Knife/Cutting Instrument 30 - Blunt Object 35 - Motor Vehicle/Vessel 40 - Personal Weapons 50 - Poison 60 - Explosives 65 - Fire/Incendiary Device 70 - Drugs/Narcotics/Sleeping Pills 85 - Asphyxiation 95 - Unknown AA - Drowning
AB - Strangulation AC - Hanging HA - Imitation Handgun
OA - Other OB - BB/Pellet Gun OC - Taser/Stun Gun
OD - Pepper Spray OE - Neglect
PERSONAL WEAPON DETAILS
Hands
CARGO THEFT METHOD OF ENTRY
HATE CRIME OFFENSIVE ACT NUMBER OF PREMISES ENTERED
Names
Offender/Suspect - Mark Author: Ginther, Michael
Involvement
Role: Offender/Suspect Offense: 242 - BATTERY ON PERSON - MIS Relationships
Name: , Yvonne Is: Otherwise Known
Identity
Identifying Documents
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Incident Report 2502070085-1 (Report 1 of 1)
Names (continued)
Offender/Suspect - Mark (continued) Author: Ginther, Michael Suspect Status
Suspect Status: Warrant Request
Victim - , Yvonne Author: Ginther, Michael
Involvement
Role: Victim Offense: 242 - BATTERY ON PERSON - MIS
Witness - Donald Author: Ginther, Michael
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Names (continued)
Witness - Donald (continued) Author: Ginther, Michael Involvement
Role: Witness
Witness - Christina Author: Ginther, Michael
Involvement
Role: Witness
Witness - Soraida Author: Ginther, Michael
Involvement
Role: Witness
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Names (continued)
Witness - Soraida (continued) Author: Ginther, Michael Witness - Marilyn Author: Ginther, Michael
Involvement
Role: Witness
Other - Michelle Author: Ginther, Michael
Involvement
Role: Other
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Names (continued)
Other - Michelle (continued) Author: Ginther, Michael Other - Sergio Author: Ginther, Michael
Involvement
Role: Other
Witness - MIRIAM Author: Ginther, Michael
Involvement
Role: Witness
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Incident Report 2502070085-1 (Report 1 of 1)
Names (continued)
Other - Michael Author: Ginther, Michael
Involvement
Role: Other
Other - Nick Author: Ginther, Michael
Involvement
Role: Other
Vehicles
None reported.
Property
Evidence - OTHER Author: Ginther, Michael
Involvement
Role
ROLE
E - Evidence
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Property (continued)
Evidence - OTHER (continued) Author: Ginther, Michael
OFFENSE
242 - BATTERY ON PERSON - MIS
PROPERTY STATUS
Description
TYPE
Other
VALUE
RECOVERED VALUE X = OVER 3 DRUG TYPES SERIAL NUMBER
DESCRIPTION
USB 3.1 64GB - Digital Video Recording of city council session 2.58 hours.
COLOR
Blue
BRAND
Micro Center
MODEL
USB3.1
ARTICLE
Related People
Related Person
Related Organizations
Related Organization
Recovery Details
RECOVERY DATE RECOVERED BY
LOCATION
LOCATION NOTE
Narrative by Ginther, Michael First Submitted: 02/08/2025 18:48 SUMMARY:
On 02/07/2025, during a city council meeting an interaction occurred between Mayor Mark and City Council Member Yvonne Yvonne alleged a battery had occurred against her and desired criminal prosecution. Yvonne stated she was pushed by the mayor which caused her mild pain. I interviewed the parties involved and reviewed the video recording of the interaction and meeting. Yvonne's statement was inconsistent with all other parties interviewed and video recording.
I was unable to determine if a crime had occurred and I am submitting this report to the District Attorney's office for review.
DISPOSITION:
Case pending - District Attorney Review
ADDITIONAL CHARGES:
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Narrative by Ginther, Michael (continued) First Submitted: 02/08/2025 18:48 PC 242
INJURY TO:
N/A
NARRATIVE:
On 02/07/2025, at approximately 1550 hours, I was dispatched to the Morgan Hill Police Department lobby at 16200 Vineyard Blvd in the City of Morgan Hill for the report of prior battery. The battery had occurred during a city council meeting in the council chambers located at 17555 Peak Ave. I arrived in the lobby and met with City of Morgan Hill Council Member Yvonne and her husband.
Yvonne provided the following statement.
STATEMENTS OF YVONNE:
On 02/07/2025, at approximately 0930 hours, there was a council workshop at the council chambers. The discussion was heated, and the mayor (Mark was not happy about it. The floor was setup with chairs in a semi-circle and was an information meeting that was recorded.
Yvonne had proposed a resolution which revolved around immigration, which the mayor had told her prior not to put it in the workshop. Yvonne had researched policies with the attorney, that she wanted to explore but the mayor told her she could not speak. The mayor got frustrated and ended the meeting for a break.
Yvonne got up from her chair and walked over to get something to drink. Yvonne and the mayor passed by each other and Yvonne was shaking her head while the mayor was yelling and scolding her (like she is his daughter) while pointing in her face. The mayor told her she was too much and to get in line.
The mayor then pushed Yvonne. When Yvonne was explaining that she was pushed by the mayor, she re-enacted it on her husband. I asked Yvonne if that is how she was pushed and she showed me again, but it was different than the first time.
I asked Yvonne if her and her husband would act out the incident and show me how she was pushed.
Yvonne was pointing with her finger up in the air as if she was the mayor and as if her husband was her. Yvonne stated the mayor was yelling her, "You're not gonna this.." Yvonne responded, "You're too much" with her hands out to her sides. The mayor then pointed at her and said, "You're going to get in line." Yvonne then demonstrated a shove where her right hand and fingers were extended and pushed into her husband's stomach causing him to move backwards. I clarified if Yvonne had been pushed to where she also had been pushed backwards, which she responded, "Yeah." I later asked Yvonne if she had felt any pain from the push. I gave Yvonne a scale from 0 to 10, where 0 pain is no pain and 10 pain is the worst pain she had ever felt. Yvonne told me she felt a 2 to 3 out of 10 pain, when she was pushed and shocked that it had occurred. Yvonne declined any medical attention.
Yvonne asked the mayor, "Did you just put your hands on me? Don't touch me." The mayor responded along the lines of, "Get along, or go on." Yvonne stated, "Oh my God, I cannot believe you put your hands on me." Yvonne turned and told the City Attorney, Donald Larkin, that the mayor had just pushed her.
Yvonne then spoke with the city attorney about what she should do and then later went to the Morgan Hill Human Resources Department and spoke with the HR manager Michael about the incident.
Yvonne then returned to the council chambers to continue the meeting and was shaken and could not believe what had happened. Yvonne was upset and the meeting continued, and no further altercations occurred.
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Incident Report 2502070085-1 (Report 1 of 1)
Narrative by Ginther, Michael (continued) First Submitted: 02/08/2025 18:48 Yvonne did not notice if anyone had witnessed the incident but told me the city council and public were present. Yvonne believed no one came forward to do something or say something because he is the mayor.
I explained the process for a citizen's arrest for a misdemeanor. Yvonne desired criminal prosecution against the mayor for the battery.
Yvonne then went on to ask about how to obtain a prior reported incident. I referred her to the MHPD Records Division for a copy of the report. I answered additional questions not related to this incident and Yvonne provided no further statements regarding the battery.
Based upon Yvonne's statements and interaction with the City Attorney, Donald I contacted him for an interview. I met with Donald at 17555 Peak Ave in his office and he provided the following statement.
STATEMENTS OF DONALD:
Donald was in the meeting in the council chambers. I asked Donald what had happened. Donald explained there was a heated discussion about a resolution on immigration. The meeting became heated between council member Martinez and the mayor. The mayor called for a five-minute break.
Yvonne stood up and began to walk around the seating area, Donald believed she was coming to talk to him because of an earlier discussion. Donald noticed Yvonne walk towards the mayor where there was a small gap to get around him, which he approximated to be 3ft. As opposed to walking around the larger opening towards the public.
Donald heard Yvonne say something to the mayor but could not make out what she had said. Donald was headed to talk to Yvonne when he heard the mayor say fairly loudly, something like, "You need to calm down." Donald then went on to explain the mayor's habit of placing his hand on their shoulder. Donald saw what looked like the mayor was about to put his hand on her shoulder and heard Yvonne yell "Don't put your hands on me." Donald believed the mayor had reached out with his left hand. Donald did not see his right hand or notice his right hand doing anything. Yvonne then continued by the mayor and met with Donald to make a personnel complaint. Donald explained the process to Yvonne about the internal city procedure.
I asked Donald if anyone else had witnessed the incident and he was not sure, and no one said anything to him. I asked if Yvonne had complained about any pain or if he had seen the mayor strike her or she had struck him. Donald went on to state the altercation did not look physical to him and that it was a habit of the mayor to touch people's shoulder and that is what it looked like to him. Donald did not see any pushing or act of pushing and if he had he would have reported it to police.
Donald stated the interaction between Mark and Yvonne was probably a couple of feet from each other and not quite face to face.
The city manager, Christina opened Donald's office door for another officer that had just arrived to assist. I asked Christina if she was present during the meeting which she stated she was. I met with Christina in her office next door, and she provided the following statement.
STATEMENTS OF CHRISTINA:
Christina stated the meeting had begun at 0900hours and began to explain who was present at the meeting which included, five council members, the mayor and the leadership team. During the meeting Yvonne wanted to move forward with a discussion for action and the council did not want to go in that direction. The meeting became tense, and the mayor stated they were going to take a 5-minute break. Christina explained where Yvonne was sitting in comparison to Mark and saw Yvonne get up and go towards where Mark was at and heard Mark say to Yvonne, "You need to calm down." Christina then heard Yvonne say, "Don't touch me."
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Narrative by Ginther, Michael (continued) First Submitted: 02/08/2025 18:48 Christina did not see any physical altercation occur between Mark or Yvonne. I asked Christina if there was possibly anyone else that had witnessed the altercation. Christina told me council members Soraida and Miriam had possibly witnessed the incident.
Christina provided me with information on how to obtain the video recording of the meeting and the contact information for both council members. I called Soraida and arranged to meet with her at the corner of Monterey Rd and W 3rd St next to Ladera Grill where she was located. I met with Soraida, and she provided me the following statement.
STATEMENTS OF SORAIDA:
I met with Soraida and asked her what had happened during the meeting. Soraida stated the only thing that she had seen was Yvonne walking towards the mayor and she was already upset. The mayor reached out gently and lightly touched Yvonne on her left wrist. Soraida explained the touch was as if it meant to say, "I wanna talk to you." Soraida again explained Yvonne was already emotional and very upset because she was wanting to make a resolution about immigration which caused tension.
Soraida heard the mayor tell Yvonne, "Let's talk about this" and saw him reaching out to her with his right hand.
Soraida did not see any physical altercation or push occur. Soraida again stated that all that happened was the mayor reached out with his hand to get her attention. Soraida heard Yvonne stated, "Don't touch me, don't touch me." The council took a 5-minute break, and the session returned, and Yvonne was on her phone the afterwards texting.
Following my interview with Soraida a city employee, Michelle with access to the video surveillance told me another city employee, Sergio would come by at a later time and provide me with video footage.
NARRATIVE CONTINUED:
On 02/08/2025, I continued my investigation into the alleged incident that had occurred. I called Mayor Mark and arranged an interview at the MHPD. The mayor arrived at the MHPD and wanted to provide a statement in the interview adjacent to the lobby.
I told the mayor I was conducting an investigation into an alleged incident during the council meeting day prior. I told the mayor he was not under arrest or being detained and was free to leave at any point through the unlocked door adjacent to me and back out the main entrance into the police department lobby. The mayor provided the following statement.
STATEMENTS OF MARK:
I told Mark I was investigating an incident that occurred around 0930 hours and asked him what had happened. Mark stated there was a contentious conversation. Mark called for a 5-minute break and stood up. Yvonne began to walk towards him which he assumed she was going to make her way to the other side of the room, and she was "chirping" something.
Mark demonstrated how the interaction occurred and while he was doing so I noticed Mark talked a lot with hand movement.
Yvonne towards him and as he turned towards her, he put the back of his hand with his fingers on her wrist and said, "Hey, you gotta settle down." Mark explained that was it and she said, "Don't touch me, don't touch me." Mark explained that she was saying that in a very raised voice. Mark said he reached out and touched her with his right hand on her left wrist.
After she made those statements, Mark told her she needed to go on her way, and she just walked away. Mark explained that nothing else occurred afterwards and the meeting continued after the 5-minute break.
Mark explained that nothing happened prior to the meeting or after the meeting and that Marilyn and Soraida had witnessed it. Mark provided me with both of their contact information.
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Narrative by Ginther, Michael (continued) First Submitted: 02/08/2025 18:48 Mark further explained that there was no physical altercation and that there had been no prior incidents of physical altercations or threats between either of them.
STATEMENTS OF MARILYN:
I called Council Member Marilyn and arranged an interview at the MHPD. Marilyn arrived and met with me in the interview room. I told Marilyn I was investigating an alleged incident that had occurred at the city council chambers meeting at around 0930 hours. Marilyn knew what I was referring to and provided the following statement.
Marilyn knew I was talking about the mayor and Yvonne. There had been a heated discussion by Yvonne and she was not getting what she wanted during the meeting. The mayor called for a 5-minute break, banged the gavil and stood up. Marilyn watched her get up and walk towards the mayor and wondered why she would walk past the mayor after the altercation had occurred and that it was a narrow pathway in that direction opposed to going the other direction to get to the other side.
Yvonne got up and walked by the city manager, the mayor reached with his right hand and very kindly told Yvonne to calm down and touched her hand. The mayor did not grab her just touched her hand and provided her comforting words. Marilyn did not see the mayor do anything with his left hand.
Marilyn stated she watched the whole thing. Yvonne then screamed "Don't touch me. Don't touch me." and she jumped back like someone had grabbed her. Yvonne then proceeded to keep walking. Marilyn saw everyone leave for the break and Yvonne went outside.
Marilyn stated she had a clear view of the interaction and that no other physical contact occurred, which she further expanded on as manhandling, grabbing her arm, touching her shoulder, her back, or any other part of her body, other than her hand and just said, calm down. Marilyn explained that Yvonne had just went berserk.
Marilyn reiterated what had happened and explained how the discussion about immigration had let up to her temper flaring.
The tension revolved around the issues she had brought up and there was no other altercation before the meeting.
NARRATIVE CONTINUED:
I was provided with video recording from Sergio The video surveillance was approximately 3 hours in length.
Due to the size of the video recording, I was unable to upload it to Axon's evidence.com directly and I transferred the video onto a USB drive. I later packaged and submitted the digital recording on the USB drive into evidence at the MHPD.
I reviewed the video recording of the meeting and interaction between the Mark and Yvonne. The following is a brief synopsis of that interaction. I did not watch the entirety of the meeting or complete events leading up to the 5-minute break period.
Refer to the recording on the USB drive for complete details.
SUMMARY OF VIDEO SURVEILLANCE:
At around 17:40 minutes into the recording tensions had risen and the mayor called for a 5-minute recess. Yvonne can be heard trying to interject and going back and forth with the mayor. The mayor breaks the meeting and stands up and walked to his right. Yvonne stands up and walks towards where the mayor is located and prior to being face to face she puts her hands up at shoulder height while he leaned in towards her as if he was saying something. The mayor can be seen lightly touching Yvonne with his right hand on her left wrist as she continued by him. The two go off to the side of the screen and only Mark is visible.
Mark's elbows are tight next to his waist and then he placed his right hand into his pocket and his left hand can be seen down at his side. Shortly after he spun around and went back to sit in his seat.
At no time during the video recording was there any obvious signs of a push or physical altercation.
NARRATIVE CONTINUED:
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Morgan Hill Police Dept. - CA
Incident Report 2502070085-1 (Report 1 of 1)
Narrative by Ginther, Michael (continued) First Submitted: 02/08/2025 18:48 At the time of completing this report I was unable to determine if a battery had occurred and I am requesting the District Attorney Review this report to determine if a crime had occurred.
I was unable to reach additional potential witnesses and plan to continue my investigation with Supplemental Reports. The additional potential witnesses I plan to interview are Michael Nick and Council Member Miram and add their statements if they witnessed the incident.
EVIDENCE/PROPERTY:
Item #1: USB 3.1 64GB - Digital Video Recording of session 2.58 hours.
ADDITIONAL INFORMATION:
Booking video [not available]
PARTICIPATING LAW ENFORCEMENT:
Cpl. Ginther / 299 / BWC [available]
Narrative by Ginther, Michael First Submitted: 02/12/2025 12:02 PURPOSE:
Additional Information.
ACTIVITY:
On 02/12/2025, at approximately 1030 hours, I contacted Nick (City of Morgan Hill Chief Operating Officer) via my department issued cellphone. Nick was present at the meeting but did not witness the incident occur and only heard a commotion during the 0930 break that took place on 02/07/2025.
At approximately 1040 hours, I contacted Miriam (City Council Member) via my department issued cellphone. Miriam was present during the meeting, seated next to Soraida, and was on her cellphone during the 5-minute break. Miram heard Yvonne scream, "Don't touch me, don't touch me!" Miriam looked up and saw mark reach out with his left hand as if he was going to pat Yvonne on her shoulder. Miriam did not witness any other physical altercation and felt embarrassed regarding the incident.
At approximately 1050 hours, I contacted Michael (Human Resources Director) via my department issued cellphone.
Michael was present at the meeting but did not witness the incident but was put on notice by Yvonne about the mayor making physical contact with her. Michael and Yvonne had a confidential meeting regarding the incident, and he was unable to provide me the details.
As of the submission of this report, there have been no additional witnesses that have come forward, and no additional evidence has been provided for this incident.
DISPOSITION:
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Incident Report 2502070085-1 (Report 1 of 1)
Narrative by Ginther, Michael (continued) First Submitted: 02/12/2025 12:02 Case pending - District Attorney Review
Printed by Graham, Hillary (298) at 02/19/2025 11:25 Page 14 of 15 (Page 14 of 14 in Incident Report 2502070085-1 (Report 1 of 1))
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Morgan Hill Police Dept. - CA
Incident 2502070085 - Evidence List
Name Description Type
– USB 3.1 64GB - Digital Video Recording of city council session 2.58 hours.OTHER Printed by Graham, Hillary (298) at 02/19/2025 11:25 Page 15 of 15 (Page 1 of 1 in Incident 2502070085 - Evidence List)
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EXHIBIT 2
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Countywide
Santa Clara County Library
District Joint Powers Authority
1370 Dell Avenue
Campbell, CA 95008
Virginia Johnson,
Executive Assistant
[email protected]
408-293-2326 x3090
https://sccld.org/jpa/
Provide policy direction and
governance for the Santa Clara
County Library District. Cities of
Campbell, Cupertino, Gilroy, Los
Altos, Los Altos Hills, Milpitas,
Monte Sereno, Morgan Hill &
Saratoga.
2025 Schedule:
Meetings start at
12:00pm
• April 24
• June 5
• September 4
• October 30
• January 29,
2026
1370 Dell Avenue
Campbell, CA
(P) Turner
(A) Vega
Countywide
Silicon Valley Interoperability
Authority
Eric Nickel, Executive Director
[email protected]
(408) 615-5571
https://svria.org/
The Silicon Valley Regional
Interoperability Authority (SVRIA)
works to seamlessly integrate voice
and data communications between
law enforcement, the fire and rescue
service, emergency medical
services and emergency
management for routine operations,
critical incidents and disaster
response and recovery.
For 2025, meets at
4:00 pm:
• January 23
• March 27
• May 22
• September 25
• November 20
Santa Clara Police
Department Common
Room- 1st Floor
601 El Camino Real
Santa Clara, CA
(P) Tom Cline –
Gilroy
(A) Turner
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Environmental
Santa Clara Valley Habitat Agency
Governing Board
535 Alkire Avenue, Suite 100
Morgan Hill, CA 95037
Ed Sullivan, Executive Officer
Edmund.sullivan@scvhabitatagency.org
(408) 779-7261
https://scvhabitatagency.org/31/GovernancePolicies
Serves as governing body for JPA
and makes all decisions except
those delegated to the
Implementation Board Staff.
Quarterly, 3rd
Thursday
3:00 pm - 5:00 pm
Morgan Hill City
Council Chamber
17555 Peak Ave
(P) Librers
(P) Vega
(A) Turner
(A) Iwanaga
Environmental
Santa Clara Valley Habitat Agency
Implementation Board
535 Alkire Avenue, Suite 100
Morgan Hill, CA 95037
Ed Sullivan, Executive Officer
Edmund.sullivan@scvhabitatagency.org
(408) 779-7261
https://scvhabitatagency.org/31/GovernancePolicies
Makes recommendations to the
Governing Board regarding fees and
budget, appoints executive officers
and hiring of other agency
personnel, services, and equipment,
makes decision regarding real
property acquisition and makes
recommendations to the executive
officers regarding grants and other
funding.
Bi-Monthly, 3rd
Thursday
3:00 pm - 5:00 pm
Morgan Hill City
Council Chamber
17555 Peak Ave
(P) Librers
(P) Vega
(A) Turner
(A) Iwanaga
(P) Carman
(A) Ramirez
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Environmental
Silicon Valley Clean Energy
Authority
333 W. El Camino Real, Suite 290
Sunnyvale, CA 94087
Andrea Pizano
[email protected]
(408) 721-5301 x.1005
https://www.svcleanenergy.org/bo
ard
The JPA created to collectively
study, promote, develop, conduct,
operate, and manage energy supply
and efficiency programs related to
the provision of clean power.
Recommended two year assignment
per SVCE
2nd Wednesday of
the month
7:00 pm
Cupertino
Community Hall
10350 Torre Ave
(P) Martinez
Beltran
(A) Carothers
Flood Control
Santa Clara Valley Water District
Elected Officials Quarterly Meeting
(Llagas Creek PL 566)
5750 Almaden Expressway
San Jose, CA 95118-3686
(mailing address)
Candice Kwok-Smith
[email protected]
408-630-2345
Specifically address Llagas Creek
flooding and Anderson Dam Retrofit
Project.
Quarterly on
Fridays
10:00 am
Currently held via
Zoom only
(P) Vega
(P) Iwanaga
(A) Martinez
Beltran
Chris Ghione,
Public Services
Director
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Housing
Santa Clara County Housing &
Community Development Advisory
Committee (HCDAC)
Office of Supportive Housing
3180 Newberry Drive, Ste 150
San Jose, CA 95118
Les Clark
Clerk of the Board of SupervisorsRecords Division
[email protected]
408-299-5087
Katrina Anderson
Program Manager II
[email protected]
408-918-8626
The role of the HCD Advisory
Committee is to be the policyrecommending body to the Board of Supervisors on the planning,
implementation, monitoring, and
evaluation of the Urban County HCD
Program. The Committee guides the
development of a coordinated
housing and community
development plan and hears project
proposals, reviews staff
recommendations, and makes
recommendations to the Board of
Supervisors for final approval and
forwarding to HUD.
As needed
70 West Hedding
Street, 1st Floor
Board Chamber
(P) Martinez
Beltran
(A) Librers
John Lang,
Housing and
Economic
Mobility
Director
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Local
Partnership
City-School Liaison Committee
Morgan Hill Unified School District;
15600 Concord Circle
or
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037-4128
Kelly Schriefer, Secretary to the
Superintendent, MHUSD
[email protected]
(408) 201-6001
Kim Mancera, Deputy City Clerk
[email protected]
(408) 310-4680
https://www.mhusd.org/abo
ut/board-ofeducation/cityschool-liaisoncommittee
To facilitate communication between
the City and School District on
issues of common concern.
Every other month,
typically on Fridays
at 8:30 am
Meetings alternate
between the City of
Morgan Hill, City
Hall 17575 Peak
Ave
and
the Morgan Hill
Unified School
District Office
15600 Concord Cir
(P1) Turner
(P2) Vega
(A1) Librers
(A2) Martinez
Beltran
Christina
Turner, City
Manager
Shane
Palsgrove,
Police
Chief
Chris Ghione,
Public
Services
Director
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Local
Partnership
South County Youth Task Force –
Policy Team
7301 Hanna Street
Gilroy, CA 95020
Bernice Aguilera
SCYTF Program Manager
[email protected]
(408) 608-8384
Sandra Cruz
South County Youth Task Force
Coordinator
[email protected]
(408) 846-0337
Interim Contacts
Aesha Sandoval
[email protected]
Sandra Quintanar
[email protected]
The South County Youth Task Force
is a collaboration of local
governments, school districts,
community and faith-based
organizations, and law enforcement
agencies in South County who are
committed to serving, supporting,
and uplifting our youth so that they
have the opportunity to thrive.
2025 Schedule,
meets at 10:00 am
• January 15
Morgan Hill
Council
Chamber
17555 Peak
Ave
• March 19
Community
Room Gilroy
PD
7301 Hanna St.
• May 21
Morgan Hill
Council
Chamber
• August 20
Community
Room Gilroy
PD
• September 17
Morgan Hill
Council
Chamber
• November 19
Community
Room Gilroy
PD
(P1) Turner
(P2) Librers
The Mayor and
one Council
Member are exofficio members
of the Policy
Team
Christina
Turner, City
Manager
Shane
Palsgrove,
Police
Chief
Chris Ghione,
Public
Services
Director
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Regional
Government
ABAG
375 Beale Street
San Francisco
Fred Castro, Clerk of the Board
[email protected]
(415) 820-7913
https://abag.ca.gov/overview/ga.ht
ml
Council of governments
representing Cities & Counties in the
Bay Area; a comprehensive
planning agency addressing
regional social, environmental, and
economic issues.
Meets annually
usually in June
June 20, 2025
Location varies
(Oakland or San
Francisco)
(P) Martinez
Beltran
(A) Turner
(P) Jennifer
Carman,
Community
Development
Director
(A) Edith
Ramirez,
Assistant City
Manager
Regional
Government
Cities Association of Santa Clara
County Board
PO Box 1079
Los Gatos, CA 95031
Shali Sirkay- Executive Director
[email protected]
408455-4154
http://citiesassociation.org/aboutus.php
Promotes cooperation, represents
the mutual interest, and presents a
unified voice for the fifteen cities of
Santa Clara County; each city in
Santa Clara County appoints the
Mayor or a Council Member to the
Board of Directors; advocates for
positive action to enhance the
quality of life for the people of our
county.
Monthly 2nd
Thursday- Except
for July &
December
7:00 pm
456 W. Olive Ave
Sunnyvale
Sycamore
Conference Room
(P) Turner
(A) Librers
None, unless
Morgan Hill
serves as
President, then
City Manager
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Regional
Government
Cities Association of Santa Clara
County Board
City Selection Committee
PO Box 1079
Los Gatos, CA 95031
Shali Sirkay- Executive Director
[email protected]
408455-4154
http://citiesassociation.org/aboutus.php
The committee makes
recommendations on appointments
to regional and countywide
organizations.
Meets as needed
before the Cities
Association Board
Meeting
456 W. Olive Ave
Sunnyvale
(P) Turner
(A) Librers
Regional
Government
Cities Association of Santa Clara
County Board
Legislative Action Committee
PO Box 1079
Los Gatos, CA 95031
Shali Sirkay- Executive Director
[email protected]
408455-4154
http://citiesassociation.org/aboutus.php
The committee provides basic
legislative updates to cities with little
or no legislative staff, organizes
emergency responses to urgent
issues, and enables the Cities
Association to advocate on issues of
mutual interest.
Meets as needed
before the Cities
Association Board
Meeting
456 W. Olive Ave
Sunnyvale
(P) Turner
(A) Librers
Regional
Government
League of California Cities
Peninsula Division
Montana Cruz
Regional Public Affairs
Manager, Peninsula Division
415-298-4940
[email protected]
http://www.cacities.org/MemberEngagement/RegionalDivisions/Peninsula Comprised of the 36 cities from San
Francisco to Gilroy, division
members work together to enhance
the quality of life in our communities,
our region, and our state.
4 meetings per
year:
special meetings
added as needed
(P) Librers
(A) Turner
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Transportation
Caltrain Local Policy Maker Group
1250 San Carlos Avenue
San Carlos, CA 94070
(650) 508-6200
Casey Fromson
[email protected]
(650) 288-7625
Isabella Confertil
[email protected]
http://www.caltrain.com/projectspla
ns/CaltrainModernization/Meetings
.html
Advisory group comprised of elected
officials and provides a formal venue
to facilitate local input and guidance
on the Caltrain Modernization
Program.
Bi-Monthly 4th
Thursday
5:30 pm
*Tentative dates
• January 23
• March 27
• May 22
• July 24
• September 25
• December 12
Zoom
(P) Librers
(A) Martinez
Beltran
Edith Ramirez,
Assistant City
Manager
Tiffany Brown,
Senior Planner
Transportation
Comprehensive County
Expressway Planning Study Policy
Advisory Board
Santa Clara County Roads and
Airports
101 Skyport Drive
San Jose, Ca 95110-1302
Ben Aghegnehu
[email protected]
(408) 573-2462
http://sccgov.iqm2.com/citizens/def
ault.aspx?
Provides an elected officials’ forum
for policy input to the Expressway
Plan 2040 – a long range plan for
the improvement and maintenance
of the eight County expressways
and the Santa Teresa-Hale Corridor.
All areas of need are included:
capacity and operational
improvements, signal operations,
high-occupancy vehicle (HOV)
lanes, bicycle, and pedestrian
improvements, finishing elements,
and ongoing operating and
maintenance needs and funding
strategy recommendations.
As needed
70 West Hedding
Street, 1st Floor
Board Chamber
(P) Turner
(A) Librers
Chris Ghione,
Public Services
Director
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Transportation
Santa Clara Valley Transportation
Authority (VTA)
Policy Advisory Committee (PAC)
3331 North First Street, Building B1st Floor
San Jose, CA 95134-1927
Michelle Oblena
Advisory Committee Coordinator
[email protected]
(408) 321-5814
Elaine Baltao, Board Secretary
[email protected]
(408) 321-5680
http://www.vta.org/getinvolved/advisorycommittee/policy-advisorycommittee-pac Advises the VTA Board of Directors
on policy matters relating to
transportation and congestion
management.
Board Member cannot serve on the
PAC.
(Note: participation is Statemandated)
Monthly, 2nd
Thursday
4:00 pm
VTA River Oaks
Campus
1331 N. 1st Street
Room B-104
San Jose
(P) Martinez
Beltran
(A) Librers
Chris Ghione,
Public Services
Director
Edith Ramirez,
Assistant City
Manager
Transportation
Santa Clara Valley Transportation
Authority (VTA)
MG - Group 4
Cities of Morgan Hill and Gilroy
advise the PAC (see above) on
transportation policy and funding
issues. Discuss transportation items
of mutual interest to the cities of
Morgan Hill and Gilroy
Tuesday before
each Thursday
Board meeting,
9:00 am
Zoom
(P) Turner
(A) Martinez
Beltran
Christina
Turner, City
Manager
Chris Ghione,
Public Services
Director
Edith Ramirez,
Assistant City
Manager
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Transportation
Santa Clara Valley
Transportation Authority (VTA)
Board of Directors
3331 North First
Street
San Jose, CA 95134-1906
Elaine Baltao, Board Secretary
[email protected]
(408) 321-5680
http://www.vta.org/getinvolved/board-ofdirectors
Reviews issues relating to
transportation and congestion
management.
Monthly, 1st
Thursday
5:30 pm
County
Government Center
70 W. Hedding St.
San Jose
(P) Turner
(A) Bozzo (Gilroy)
(Alternates
between MH and
Gilroy every two
years based on
VTA preference –
sometimes longer
for continuity)
Christina
Turner, City
Manager
Chris Ghione,
Public Services
Director
Edith Ramirez,
Assistant City
Manager
Water/Wastewater
Santa Clara Valley Water
Commission
5750 Almaden
Expressway San Jose, CA
95118-3686
(mailing address)
Stephanie Simunic
[email protected]
Advises the District on water supply,
legislative issues, and integrated
water resource management.
(Note: Most issues relate to
imported water; Morgan Hill is 100%
ground water)
Meetings at noon:
• January 22
• April 9
• July 23
• October 22
Santa Clara Valley
Water District
Headquarters
Building Boardroom
5700 Almaden Exp,
San Jose
(P) Martinez
Beltran
(A) Vega
James Sylvain,
Deputy
Director for
Utilities
Services
Tanya
Carothers,
Environmental
Programs
Administrator
C:\Users\angel.echavarria\Desktop\Agenda Prep\Updated Council Member Assignments to Committees 2025 2.25.25.docx
CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES
Category AGENCY NAME PURPOSE MEETS DELEGATES
(P=Primary)
(A=Alternate)
STAFF
REP/S
(If applicable)
Water/Wastewater
South County Regional
Wastewater Authority
(SCRWA) Board Meeting
1500 Southside Drive
Gilroy, CA 95020
Kerry Edmonds
[email protected]
Deputy Secretary of the Board
(408) 848-0480
Saeid Vaziry, P.E.
[email protected]
Secretary of the Board
http://www.ci.gilroy.ca.us/561/S
out h-County-RegionalWastewater- Authori
The South County Regional
Wastewater Authority established by
Joint Powers Agreement (cities of
Gilroy & Morgan Hill) to provide
common authority relating to Joint
Wastewater Gilroy/Morgan Hill
Sewage Treatment Plant located in
Gilroy.
1st Wednesday of
the Month,
Quarterly
8:00 am
1500 Southside Dr
Gilroy
(P1) Martinez
Beltran
(P2) Iwanga
(A) Turner
(A) Librers
(A) Vega
James Sylvain,
Deputy
Director for
Utilities
Services
Chris Ghione,
Public Services
Director
Christina
Turner, City
Manager
Water/Wastewater
Joint Water Resource
Committee 5750 Almaden
Expressway
San Jose, CA 95118-3686
(mailing address)
Nicole Merritt
[email protected]
(408) 630-3262
http://www.valleywater.org/Abo
ut/
CitiesofGilroyMorganHill.aspx
Advance South County Water
interests. Ensure the continued
utilization of recycled water in South
County and promote the expansion
of water reuse in the region and to
advance recycled water production,
distribution, and wholesaling in
South County.
Meetings follow
SCRWA Board
Meetings - 1st
Wednesday of the
Month, Quarterly
(at the request of
the committee)
1500 Southside Dr
Gilroy
(P1) Martinez
Beltran
(P2) Iwanaga
(A) Turner
(A) Librers
(A) Vega
The members
of SCRWA
board also
serve on this
committee.
Christina
Turner, City
Manager
Chris Ghione,
Public Services
Director
James Sylvain,
Deputy
Director for
Utilities
Services
LIST OF CITY COUNCIL ADJUNCT COMMITTEES
Mayor Mark Turner
• Morgan Hill Chamber of Commerce Board (Mayor is ex-officio member) • VTA Mobility Partnership Committee
• Cities Association, City Selection Committee LAFCO Board Member • VTA Administration & Finance Committee (Chair)
• VTA Governance & Audit Committee
Council Member Yvonne Martinez Beltran
• Peninsula Division Executive Board Secretary, Cal Cities • Housing, Economic, and Community Development Policy Committee for Cal Cities Council Member Marilyn Librers
• Transportation, Communication, and Public Works Policy Committee for Cal Cities Council Member Soraida Iwanaga
• City Liaison to the Sister City Committee