Mid-Year Goal Review Workshop
City Council
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, September 27, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person, with the option for the public to attend in person or by teleconference/video conference. Information on how the public may observe and participate in the meeting is below.
MEETING PARTICIPATION AND PUBLIC COMMENT
City Council meetings will be live-streamed on Channel 17, the City’s website, and the City’s Facebook page.
Those members of the community who would like to participate in the meetings remotely may do so by joining virtually at https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#. Public comment may be provided in the following ways:
• Provide public comment in person
• Join the City Council meeting virtually via the link above. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF
ZOOM TO BE UNMUTED)
• Join virtually by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
• Public comment in writing may be submitted via email to [email protected] or by mail to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037. Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) for your comments to be submitted to the members of the City Council with sufficient
September 27, 2023
2 time to review the comments. You may continue to provide written comments up to noon (12:00 p.m.) on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting. Public comments submitted to the City Clerk after noon on the day of the meeting will be provided to the City Council as time allows.
Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City’s website, so do not include any personal information you do not want to be posted on the web.
CALL TO ORDER
ROLL CALL ATTENDANCE
DECLARATION OF POSTING AGENDA
SILENT INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)
AGENDA
CITY COUNCIL MID-YEAR GOAL REVIEW WORKSHOP
Review and discuss:
1. Team Morgan Hill Department Updates
September 27, 2023
3 2. 2022-2023 Sustainable Morgan Hill, including Vision, Ongoing Priorities, and Strategic Priorities
3. 2022-2023 Strategic Priorities Workplan
4. Future Council Initiated Agenda Items
5. City Council Norms and Ethics Policy
6. Code of Conduct for Public Meetings
7. Rosenberg’s Rules of Order
ADJOURNMENT
September 27, 2023
4 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)
PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.
Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.
Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.
City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.
Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.
The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.
For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].
AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.
September 27, 2023
5
DEPARTMENT UPDATES
SEPTEMBER 2023
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ADMINISTRATIVE SERVICES
Council Services and Records Management
• Continuing to provide Clerk support to the Santa Clara Valley Habitat Agency. • Continuing to provide Clerk support to the Santa Clara County Recycle and Waste Reduction Commission.
Finance/Budget/Utility Billing
• Continue implementing new Enterprise Resource Planning (ERP) system. Financials went live last month and currently working on Utility Billing.
• Working with Utility and Engineering Departments on the Wastewater Rate Study.
Human Resources
• Currently in negotiations with all three bargaining groups with contracts to expire on December 31, 2023. • Open Enrollment window for benefits is September 18 through October 13, 2023. • Teammate Health Fair will be on October 5, 2023, and will include vendors and flu shots. • Teammate Service Awards will be held on December 7, 2023.
CITY ATTORNEY
• Supporting departments with initiatives including negotiations with all three bargaining groups. • With Human Resources, provided training on the prevention of harassment, discrimination, and retaliation to supervisors and public officials.
CITY MANAGER
• Diversity, Equity, and Inclusion (DEI) Task Force identifying a work program that addresses the key issues raised in the employee survey. Currently working on programming community listening sessions.
Communications and Engagement
• New Communications Intern:
o documenting social media campaigns
o researching and drafting a Language Access Plan
o updating Digital Media Guide
• Website Refresh and Update:
o taking team and teammate photos for website (ties in with Morgan Hill Together and Communications, Outreach, and Engagement Workplan)
o reorganizing the website to be user-centric
o updating the look and feel to make it easier to navigate
DEPARTMENT UPDATES
SEPTEMBER 2023
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• Supporting multiple departments with their communications, outreach, and marketing campaigns. • Providing translation and interpretation services and support:
o interpretation for housing support services
o translation of MoGo marketing materials, housing documents and forms, various environmental services programs, the Transportation Master Plan, and other engagement and marketing materials • Implemented monthly Spanish email newsletter.
• Monthly booth at Sidewalk Saturdays increasing community engagement and building relationships. • Onboarded and trained a Multimedia Coordinator backup to provide support and depth to the Multimedia Coordinator position such as photography and videography for City meetings. • Implementing the Meet Morgan Hill campaign, highlighting teammates throughout the organization with videos and interviews.
PUBLIC SERVICES
Environmental Programs
• The City’s first Clean Air Week will be October 1-7, 2023, including an Induction Cooktop Demo at the Library with a professional chef, tree planting at the Community Garden, Cash Cab with MoGo, Clean Air Day in the Park using our new outreach App called “Agents of Discovery,” and more. • Continuing to work with commercial, industrial, and institutional properties to help them understand and comply with the ban on watering nonfunctional turf.
• Significant work is underway to implement State mandated requirements associated with Storm Water Pollution Prevention and Solid Waste related regulations, including new organic waste management for businesses and residents.
• Teammates made digital and paperless signups for Second Chance Week and the number of garage sales in the City increased by approximately 20 households from 125 last year to 145 this year. This also included a public web application for the Second Chance online garage sale event.
Engineering
• Hale Avenue Extension – southern section is now open, and the northern section will be under construction shortly in partnership with Valley Water. This includes the new signal at the intersection with Main Avenue.
Targeting substantial completion early 2024.
• Valley Water Flood Control Project – the tunnel under Nob Hill is complete and the box culvert from Main Avenue to the tunnel is nearing completion. City teammates are working on designs for the final improvements associated with Phase 2B.
• Pavement Rehabilitation –several neighborhoods throughout the City will be repaved through the end of November 2023. The areas of significant work include:
o Main Avenue between Monterey Road and Butterfield Boulevard
DEPARTMENT UPDATES
SEPTEMBER 2023
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o La Cross Drive and adjacent side streets near Paradise School o Oak View Circle in the Jackson Oaks area
o East Middle Avenue between Monterey Road and the railroad tracks • Relief Sewer Trunk Line to Gilroy – design is nearing 100% complete and the anticipated bidding and commencement of construction is 2024.
• Groundbreaking for the Butterfield Fire Station has been completed, and it is anticipated to be constructed in one year.
• Currently out to bid for the construction of new Pickleball Courts at Community Park. • Transportation Master Plan is commencing, and the stakeholders group began meeting on September 20, 2023.
Maintenance
• Replaced several crosswalks adjacent to schools ahead of schools reopening for the Fall. • The current focus is to finish storm preparations ahead of potential winter storms. • Maintenance has fully taken on management of Graffiti Abatement from the Police Department. • The City is rolling out to the community the SeeClickFix app, which is a map-based reporting tool residents can use to report issues related to infrastructure throughout the City.
Recreation and Community Services
• Completed another successful Summer Season at the Aquatics Center and Centennial Recreation Center! Both facilities have been busy and membership numbers are moving closer to pre-COVID levels. • Working on the implementation of new software for Recreation Services. • Supporting the design of the new Butterfield Park site in partnership with USA BMX. • Implementing an update to the Strategic Plan for the Senior Center.
Utilities
• Supervisory Control and Data Acquisition (SCADA) system upgrade has been completed. This includes a complete server replacement for monitoring technology for the City’s Water and Wastewater Systems. • Working to install new generators at various City facilities to meet air quality compliance. • Completed the Closed Circuit Television (CCTV) video of all our sewer lines across the City, which will be used for future sewer line repair and replacement projects.
• Working to develop an update to the City’s Wastewater Master Plan.
Geographic Information Systems (GIS)
• GIS Team has been working on numerous support projects for Maintenance and Utilities, including the implementation of Cityworks maintenance management software and Boss811 software for supporting utility locating services.
DEPARTMENT UPDATES
SEPTEMBER 2023
4 | P a g e
• Individual mobile home addresses have been added into our GIS system, which will be a significant improvement for Public Safety responding to these areas.
DEVELOPMENT SERVICES
Building/Fire Prevention
• $40,000 grant awarded to use towards implementation and setup of SolarApp+. • SolarApp+ registration is complete. In queue with SolarApp+ to launch our pilot program. Launch goal is January 2024.
• Creating an Energy Storage Systems (ESS) policy.
• Creating a separate Fire Permit Application.
• Creating a Fire Flow policy to eliminate confusion for applicants. • Completing post entitlement phase checklists pursuant to AB2234. • Launching our online permitting process which will streamline the application process. We will begin with reroofs and water heaters as a pilot program.
• Continue to lead weekly Permit Review meetings to help reduce prolonged approvals for permits.
Code Compliance
• Performing annual inspections on massage parlors to improve compliance. • Hiring a second Code Compliance Officer.
• Continuing work with property owners regarding unhoused issues. • Continuing work with property owners to eradicate graffiti.
Economic Development
• Hosting 4
th Saturday Downtown Street Activations to provide free, family friendly events! o August 26th – Doggie Days of Summer was a success with over 2000 attendees. o Next up: September 23 – Chamber of Commerce Car Show and Maker’s Market and October 28 – Kids Fest & Safe Trick or Treat
o Each all-day Monterey Rd closure is followed by a Movie Night on 3rd Street. • Working with Visit Morgan Hill to support their Tourism Based Improvement District (TBID) renewal which is up at the end of the year.
• Downtown Property Based Improvement District (PBID) was reestablished in December 2022. Property assessments take effect with the November 2023 Property Tax billing cycle and the PBID will start receiving funds by March 2024.
• Hotel MOHI is back under construction and the 5th floor addition has been approved by the Building Department.
• Edes Art Gallery is scheduled to be completed by Spring 2024.
DEPARTMENT UPDATES
SEPTEMBER 2023
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• Butterfield 5 – One 85K square foot building has been leased to an existing Morgan Hill company that is doubling their existing footprint. We hope to make the announcement public in the coming months. • Cochrane Technology Park is well under construction with off-site improvements along DePaul Road happening soon.
• Chick-Fil-A and Raising Cane’s are both going through the permitting and entitlement process for restaurants to be located along Cochrane Road at or near the Evergreen Village development. • Economic Development projects moving forward include Burlington Coat Factory, Five Below, bar/restaurant at the Granary, and a hotel on Cochrane Road.
• The International City Management Association (ICMA) provided the City an Economic Mobility grant to develop a strategy that will connect Spanish-speaking and lower income community members to jobs and housing resources, while also increasing their sense of belonging to the greater community.
Housing/Homelessness
• A Housing Newsletter is being pushed out on Fridays sharing current information with the community about housing resources in English and Spanish.
• Continued coordination with our upcoming housing developments to ensure Morgan Hill residents will have access to new housing opportunities. Morgan Hill Senior Affordable Housing Apartments (82 units), located at Monterey Road and San Pedro Avenue, will be coming online mid-July 2024. • Continued coordination on behalf of the Below Market Rate (BMR) Program. o Jasper Homes (101 units), adjacent to the intersection of Monterey and Old Monterey Roads, sold two Moderate BMRs with an additional two under contract, and 11 more Jasper BMR units to sell upon completion. 380 applicants entered the opportunity drawings. • Continued community engagement and relationship building by tabling at resource fairs and events. • Continued to provide support to residents looking for housing opportunities and families experiencing homelessness or at risk of homelessness.
• Continued to improve internal department coordination to ensure homeless response is expeditious and effective with shelter and service support. Unhoused Specialist recently secured housing for an individual who has been homeless for over 20 years in Morgan Hill and received 16 referrals and connected with 14. • As a part of the Economic Mobility Effort to connect people to housing and jobs and to showcase low-income community members as assets through a video, we sought out and received a $13,000 grant from Silicon Valley Community Foundation for a videographer.
Planning
• Continued coordination with Economic Development on entitlements for new businesses. • Continued coordination with the State Department of Housing and Community Development (HCD) on completing certification of the Housing Element. Next HCD 60-day review will begin at the end of September.
• Completed adoption of a Form-Based Code for Monterey Road Corridor.
DEPARTMENT UPDATES
SEPTEMBER 2023
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• As part of the Santa Clara County Planning Collaborative, a new suite of resources was recently launched that will help homeowners navigate the process of developing an Accessory Dwelling Unit (ADU) on their property. The resources can be found on a new website, www.aduscc.org. • Continued to improve internal department wide review processes for entitlements that respond to the changes in new State laws.
• Coordination with Engineering on the Transportation Master Plan (TMP) • Completed detailed presentations and information on new state housing laws – including AB2011 and SB6. • Continue to monitor the status of current legislative cycle housing laws to ensure staff will be prepared once signed.
FIRE
• Entered into a 5-year extension to the contract with CAL FIRE for emergency response. This agreement covers staffing for both of our fire stations at El Toro and Dunne Hill and the soon to be third station, Butterfield Fire Station.
• Many staffing changes including our Chief George Huang being promoted to the Assistant Region Chief of Northern Region effective October 1, 2023. The City welcomes Assistant Chief, Venmer Deocariza; Battalion Chief, Juan Navarro; and Staff Service Analyst, Hubert Duong.
POLICE
• Continued successful results from Flock cameras: August 2021 through August 2023 o 222 arrests, 746 offenses
o Burglaries (residential and commercial): down from 2020 o Thefts overall: down 19% from 2020
o Thefts of motor vehicle parts (catalytic converter thefts): down from 2020 • Implemented a process for Carrying a Concealed Weapon (CCW) licenses o Issued 6
o Denied 3
o Withdrew 1
o Processing 7
o Total 17
• Youth Diversion
o Referred 51 youth to diversion (33 completed diversion, 8 are currently on diversion contracts, 8 are pending acceptance into the program, 2 failed)
o Over 50% of all arrests qualify for diversion (eligibility is set by law – not subjective)
DEPARTMENT UPDATES
SEPTEMBER 2023
7 | P a g e
• Psychiatric Emergency Response Team (PERT) Clinician
o Santa Clara County Behavioral Health has funded a full-time position to be assigned to Morgan Hill. • Axon Systems
o Upgrade in progress bringing in a technology eco system for: cameras, tasers, firearms, computer aided dispatch, and report writing systems, as well as live streaming from vehicle cameras and officer body worn cameras.
• Spanish Community Police Academy
o 10 participants started on September 11, 2023 on Mondays from 6pm to 9pm. The free program is 4 weeks long.
• MHPD 30X30 Initiative
o The underrepresentation of women in policing has us focusing on actions that we can take to advance women in law enforcement:
▪ Understanding the current state of the department with regards to gender equity ▪ Understanding factors that may be driving disparities ▪ Developing and implementing strategies and solutions to advance women in policing ▪ Take measures to increase the representation of women in all ranks of law enforcement ▪ Ensure that policies and procedures are free of all bias ▪ Promote equitable hiring, retention, and promotion of women officers and ▪ Ensure culture is inclusive, respectful, and supportive of women in all ranks and roles of law enforcement
• MHPD ABLE Training
o Active Bystandership for Law Enforcement (ABLE) is a training program that teaches police officers to intervene in another officer's actions, regardless of rank. The program aims to prevent harm, transform culture, and strengthen communities. The program's three pillars are:
▪ Prevent misconduct
▪ Avoid police mistakes
▪ Promote officer health and wellness
Office of Emergency Services
• Emergency Operations Section simulation exercises occurred in September 2023. • To prepare our community we have partnered with South County Lifelong Learning and the Senior Advisory Committee to present an Emergency Preparedness session open to the public. • Offering Community Emergency Response Training (CERT) Fall 2023.
DEPARTMENT UPDATES
SEPTEMBER 2023
8 | P a g e
Information Technology (IT)
• Deployed new Help Desk System.
• Deployed new antivirus software.
• Deployed new remote assistance tool.
• Deployed new data backup and recovery system.
• Completed wireless site survey.
• Completed Citywide deployment of new multi-function printers. • Completed Council Chambers datacenter refresh.
• Deployed newly improved authentication for teammates with City issued phones. • Deployed new firewalls at the Police Department.
City Hall/Council Chambers IT improvements:
• Completely refreshed the wireless network resolving disconnection and slowness issues during Council meetings.
• Deployed a new battery backups system, which should ensure 100% availability of City resources in the event of a power outage.
• Outfitted the West Conference Room to be a user-friendly hybrid meeting space.
Police Department Improvements:
• Built and deployed a new forensic computer, significantly reducing time spent processing electronic devices.
• Stabilized the old datacenter, properly utilizing the building backup system (99.99% availability). • Deployed new AXON body and car cameras as well as upgraded car connectivity systems utilizing cradlepoints.
• Refreshed Emergency Operations Center (EOC) meeting space.
REVISED SEPTEMBER 2023
Strategic Priorities 2022-2023 *Note: the COVID workplan items will be removed for the February 2024 update City of Morgan Hill Strategic Priorities Workplan 2022-2023 # Activity Goals
Fiscal Sustainability Affordable Housing & Homelessness Community Engagement & Messaging Economic Development Transportation COVID* Status % Complete for In Process Activities Estimated Completion By City Manager
1 Closely monitor the economic recovery and
financial impacts associated with the ongoing
COVID-19 pandemic and update the City
Council and the Community monthly
X X X X Ongoing
2 Ensure Departments maintain focus on cost
containment and continue to actively pursue
County, State, and Federal funding
X X Ongoing
3 Advocate with regional partners for the clearly
identified traffic and transportation issues,
including the High-Speed Rail, Hale Avenue
extension, expansion of Highway 101,
electrification of commuter rail, and funding
for priority projects in South Santa Clara
County
X X Ongoing
4 Represent the City’s interests by regularly
meeting with County of Santa Clara, MHUSD,
Santa Clara Valley Transportation Agency
(VTA), Chamber of Commerce, Emergency
Operational Area Council, Gilroy, and South
County Regional Wastewater Authority
(SCRWA), and Cal Cities
X X X X Ongoing
5 Work with the City departments to implement
a work plan for Diversity, Equity, and
Inclusion
X X X X Ongoing
Communications and Engagement
6 Continue outreach and bilingual
communication X X Ongoing
7 Implement the Communications, Outreach,
and Engagement Plan X X Ongoing
8 Implement Morgan Hill Together celebrating
our diverse community through events and
educational campaigns
X Ongoing
9 Perform Website refresh X In Process 50% Winter 2023
10 Develop and implement a customer service
training program for teammates X In Process 10% Spring 2024 City Attorney
11 Communicate with Council and the
community regarding changes to the Housing
Accountability Act and advocate for measures
to mitigate potential impacts
X X Ongoing
Human Resources
12 Negotiate fiscally responsible labor
agreements with the City's three bargaining
groups, for contracts expiring in December
2023
X In Process 50% December 2023
Council Services and Records Management
13 Implement hybrid City Council and Planning
Commission meetings X X Complete 100% Winter 2022
Finance/Budget/Utility Billing
14 Explore new or expand existing tax revenue
sources to address City's unfunded needs
and economic impacts due to COVID-19
X X X Ongoing
15 Implement new Enterprise Resource
Planning System to replace the outdated
system
X In Process 40% December 2024
16 Review and adjust certain impact and user
fees to ensure the long-term sustainability of
the City's critical infrastructure and services
X Ongoing
REVISED SEPTEMBER 2023
Strategic Priorities 2022-2023 *Note: the COVID workplan items will be removed for the February 2024 update City of Morgan Hill Strategic Priorities Workplan 2022-2023 # Activity Goals
Fiscal Sustainability Affordable Housing & Homelessness Community Engagement & Messaging Economic Development Transportation COVID* Status % Complete for In Process Activities Estimated Completion By Public Services
17 Support ongoing coordination with Visit
Morgan Hill, MHOSC, the operator of the
Outdoor Sports Center, and the team at the
Aquatics Center to host regional sports
events, while minimizing impact to the
community
X X X Ongoing
18 Create and manage a volunteer program for
the Magical Bridge Playground in Community
Park
X Ongoing
19 Explore alternative options for management
of the City's open space X In Process 50% Winter 2023
20 Continue to monitor and adjust water
restrictions to meet local and state water
conservation efforts
X Ongoing
21 Implement Climate Action Plan X Ongoing
22 Establish new solid waste management
franchise agreement for Gilroy and Morgan
Hill
X Complete 100% Summer 2022
23 Continue to implement the new and
significant organic waste management
regulations adopted by the State under SB
1383
X Ongoing
24 Continue participation with Valley Water and
the City of Gilroy in working towards recycled
water opportunities for the City of Morgan Hill
X Ongoing
25 Develop the City’s first Transportation Master
Plan in coordination with the update to the
City’s General Plan Transportation Element
X In Process 25% Winter 2024
26 Complete the Hale Avenue Extension Project X In Process 80% Fall 2023 27 Initiate on-demand last mile transit service for
the Morgan Hill Community X Complete 100% Fall 2022
28 Collaborate with City of Gilroy and elected
officials on advocacy for the South County
Transportation Corridor; VTA, Caltrain,
Highway 101 expansion, and electrification of
commuter rail
X Ongoing
29 Update Street and Sidewalk Development
Code X
Commencement to be
determined TBD
Fire
30 Plan for the addition of a third fire station X X X In Process 25% Fall 2024 31 Negotiate Cooperative Agreement for Fire
Protection with CAL FIRE X Complete 100% Summer 2023
Police and Information Technology
32 Strengthen partnerships with County and
faith-based organizations to apply best
practices for the unhoused population
X Ongoing
33 Address quality of life issues in partnership
with the City's Housing Department X Ongoing
34 Present at least two Parent Project classes
per year in English and Spanish in
partnership with the Office of the District
Attorney and/or Morgan Hill Unified School
District
X Ongoing
35 Host Community Police Academy in Spanish X In Process 50% Fall 2023
REVISED SEPTEMBER 2023
Strategic Priorities 2022-2023 *Note: the COVID workplan items will be removed for the February 2024 update City of Morgan Hill Strategic Priorities Workplan 2022-2023 # Activity Goals
Fiscal Sustainability Affordable Housing & Homelessness Community Engagement & Messaging Economic Development Transportation COVID* Status % Complete for In Process Activities Estimated Completion By 36 Enhance Listos Program including
recruitment of Listos Program Instructor,
organize and deliver Spanish language
community training
X Ongoing
37 Create criteria, train, and implement CERT
Neighborhood Teams X Complete 100% July 2023
38 Continue to use social media to inform and
educate the community of police activity and
public safety announcements
X Ongoing
39 Re-implement the following Community
Programs that were suspended because of
COVID-19: Community Police Academy,
Police Explorer Program, Parent Project,
Crime Prevention meetings, Volunteers in
Policing, and Cadet Program
X Complete 100% Summer 2023
40 Implement IT processes that enhance
productivity and increase efficiencies such as
helpdesk system, disaster recovery plan,
remote assistance tools, and mobile device
management system
X Complete 100% Summer 2023
41 Implement a highly available and
manageable network architecture to achieve
sustainability, reduced complexity, regulatory
compliance, security, and resiliency
X In Process 50% Summer 2024
42 Complete management and installation of
WAVE broadband connectivity to all City
buildings
X X Complete 100% Winter 2022
Development Services
43 Create and implement Citywide Outdoor
Dining Manual X X X X Complete 100% Winter 2022
44 Re-establish a PBID in Downtown X X Complete 100% Summer 2023 45 Manage Auto Dealer and Fee Freeze
Programs to attract new investment. X X Ongoing
46 Create Hotel Development Incentive strategy
and policy X X X Complete 100% Fall 2022
47 Implement Economic Development Outreach
Campaign to attract new advanced
manufacturing, office, innovation, and
medical users
X X Ongoing
48 Create Retail Concentration Strategy X X Completed 100% Fall 2023 49 Update Housing Element for 2023-2031 and
respond to RHNA Goals X X In Process 85% Spring 2023
50 Update Circulation, Infrastructure and Safety
Element X X Commencing Soon Fall 2025
51 Prepare Environmental Justice Element X Commencing Soon Fall 2024 52 Prepare LOS-VMT Model and policy guide X In Process 90% Winter 2023 53 Continue various housing and homelessness
initiatives: implementation of the Housing
Element, Safe Park Program, Inclement
Weather Shelter Program, and Case
Management
X Ongoing
Future Council Initiated Agenda Items
Meeting
Date
Council
Member Request Teammate Estimated Completion
6/21/2023 Martinez
Beltran revist Ag policy to conserve land Awaiting Council Member write-up 6/7/2023 Turner
fundraising or panhandling around our
medians Palsgrove October 4, 2023
6/7/2023 Turner
overturn the ban on natural gas in new
construction
Ghione November 1, 2023
6/7/2023 Martinez
Beltran longer time for agendas Awaiting Council Member write-up 6/7/2023 Martinez
Beltran local work hire Awaiting Council Member write-up 5/3/2023 Martinez
Beltran
requested discussion on festival safety and
fencing
Awaiting Council Member
write-up
5/3/2023 Martinez
Beltran
requested discussion on use of community
promotion funds, capital improvements,
and maintenance
Awaiting Council Member
write-up
5/3/2023 Spring
requested discussion on fee structures for
room rentals at CCC Ghione Part of January 2024 Fee Review 5/3/2023 Spring
requested discussion on term limits for
Council and Commissioners Larkin/Bigelow November 15, 2023 4/5/2023 Borgioli ordinance prohibiting smoking in multi-unit properties Larkin October 4, 2023
4/5/2023 Spring
Noise ordinance to address rooster noise in
urban neighborhoods Larkin/Palsgrove November 15, 2023
1/25/23 Borgioli discuss forming a working group on Senate bills Ramirez Staff Memo October 2023
1/25/23 Spring
reviewing a commercial preservation
program
Mahood Staff Memo
October 2023
11/16/22 Borgioli requested a SB330 committee and to
collaborate with other cities Ramirez Staff Memo October 2023 8/3/22 Martinez
Beltran
requested a session to discuss standards for
safety regarding crosswalks, stop signs, etc. Ghione
November 15, 2023
(with Transportation
Master Plan)
6/15/22 McKay
requested a speed study to reduce the
speed limit through Downtown to 15 MPH Ghione
November 15, 2023
(with Transportation
Master Plan)
6/15/22 Borgioli requested wordsmithing of Vision Zero Ghione November 15, 2023
(with Transportation
Master Plan)
2/16/22 Borgioli noise ordinance for Downtown Larkin/Ramirez November 15, 2023 revised 9.20.2023
Future Council Initiated Agenda Items
10/20/21 McKay
elevate discussion around how we
complete bicycle path connections look into
what it would take to complete the bicycle
trails network in the short term
Ghione
November 15, 2023
(with Transportation
Master Plan)
5/19/21 Borgioli
requested one or both of the senators for
SB 330, SB35, and SB 9 attend a town hall to
answer questions and provide information
to our community
Ramirez
Staff Memo
October 2023
4/21/21 McKay
review of landscaping requirements on
developments along freeways and major
arteries to include more trees
Carman/Ghione Staff Memo
October 2023
10/23/19 Spring
conversation about how our City will look in
the future as a "Smart City" Ghione/Ramirez Staff Memo October 2023 10/2/19 Spring
follow up on CCC Parking Enforcement (will
coordinate with Lumber Yard Development
Project)
Ghione Spring 2024
City Council Norms
Adopted January 27, 2023Revised September 27, 2023
❖ Be respectful and patient with one another
❖ Address issue, not person
❖ Be honest and real
❖ “Clear air” if needed; have hard discussions
❖ Listen and think about what is being said
❖ Be aware of how we represent the City as leaders in the community ❖ Be accurate in statements
❖ Be open minded; avoid concluding on your position prior to the item being heard ❖ Be flexible and willing to compromise
❖ Recognize that experience comes in diverse ways
❖ Be mindful of time
❖ Be professional; keep decorum of meeting throughout
❖ No side conversations
❖ Come prepared
❖ Give enough time to discuss issues
❖ Ok to ask City Council to continue an item if not ready ❖ Don’t be repetitive on requests and comments
❖ Wait to be recognized before speaking
❖ Keep the order of the meeting (questions, public comment, and then discussion) ❖ Provide early notice of request for alternates to attend outside appointment meetings ❖ Speak into the microphone
❖ Cell phones silenced
❖ Be punctual
❖ Send questions in advance of meeting; let City Manager know if you plan to pull a consent item ❖ Be engaged
❖ Be concise
❖ Only leave a meeting for appropriate reasons and return from breaks in a timely manner Council Member
recommendation
CITY OF MORGAN HILL
CITY COUNCIL POLICIES AND PROCEDURES
CP-xx-xx
SUBJECT: CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE
COUNCIL CHAMBER AND CONFERENCE ROOMS
EFFECTIVE DATE: XXXXXXX, 2023
ORIGINATING DEPARTMENT: CITY ATTORNEY
PURPOSE
The purpose of this policy isto establish rules of decorum for members of the public, City staff, and elected officials attending, bringing signs or other objects to, and/or addressing the legislative or policy body at meetings held in theCouncilChamber and ConferenceRooms, including meetings of the City Council and Commissions. The policy is intended to facilitate the conduct of public meetings in an open and orderly manner and in an environment safe for all persons in attendance.
SCOPE
This policy applies to persons attending public meetings in the Council Chamber and Conference Rooms.
POLICY
The Code of Conduct is intended to promote open meetings that welcome debate of public policy issues being discussed by the City Council and Commissions in an atmosphere of fairness, courtesy, and respect for differing points of view.
1. Public Meeting Decorum:
a) Persons in the audience attendance will refrain from behavior which will disrupt the public meeting. This includes making loud noises, clapping, shouting, booing, hissing, or engaging in any other activity in a manner that disturbs, disrupts, or impedes the orderly conduct of the meeting.
b) Persons in the audienceattendance will refrain from creating, provoking, or participating in any type of disturbance involving unwelcome physical contact. c) Persons in the audience will refrain from speaking to others in person and/or on the phone in the Council Chamber or Conference Rooms while the meeting is in session. d) Appropriate attire, including shoes and shirts are always required in the Council Chamber and Conference Rooms.
e) Persons in the audience will not place their feet on the seats in front of them.
2. Signs, Objects, or Symbolic Material:
a) Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers and Conference Rooms, with the following restrictions:
i. No objects will be larger than 2 feet by 3 feet.
ii. No sticks, posts, poles, or other such items will be attached to the signs or other symbolic materials.
iii. The items cannot create a building maintenance problem or a fire or safety hazard. b) Persons with objects and symbolic materials such as signs must remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. c) Objects that are deemed a threat to persons at the meeting or the facility infrastructure are not allowed. City staff is authorized to remove items and/or individuals from the Council Chamber and Conference Rooms if a threat exists or is perceived to exist. Prohibited items include, but are not limited to: firearms (including replicas and antiques), toy guns, explosive material, and ammunition; knives and other edged weapons; illegal drugs and drug paraphernalia; laser pointers, sharp objects scissors, razors, scalpels, box cutting knives, and other cutting tools; letter openers, corkscrews, can openers with points, knitting needles, and hooks; hairspray, pepper spray, and aerosol containers; tools; glass containers; and large backpacks and suitcases that contain items unrelated to the meeting.
3. Addressing the Council or Commission:
a) Please see Section 6. Public Comment of City Council Policy 97-01, for information on addressing the City Council or Commission.
b) Speakers should discuss topics related to City business on the agenda unless they are speaking during public comment for items not on the agenda. c) Speakers' comments should be addressed to the full body. Requests to engage the Mayor, Council Members, Commissioners, or staff in conversation will not be honored. Abusive language is inappropriate and subject tomay cause removal from meeting. d) Speakers will not bring to the podium any items other than a prepared written statement, writing materials, or objects that have been inspected by security staff. e) If an individual wishes to submit written information, he or she may give it to the City Clerk or other administrative staff at the meeting.
f) Speakers and any other members of the public will not approach the dais at any time during the meeting without prior consent from the Chair of the meeting.
Failure to comply with this Code of Conduct which may disturb, disrupt, or impede the orderly conduct of the meeting may result in removal from the meeting and/or possible arrest.
This policy shall remain in effect until modified by the City Council.
APPROVED:
_______________________________
MARK TURNER, MAYOR
Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
ii
MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
1 Table of Contents
About the Author............................................................................................................ii Introduction....................................................................................................................2 Establishing a Quorum...................................................................................................2 The Role of the Chair......................................................................................................2 The Basic Format for an Agenda Item Discussion........................................................2 Motions in General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”
2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”
3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend,” but the chair determines that it is really a “substitute motion,” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows:
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question,” or “I move the question,” or “I call the question,” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent.” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes,” one “no” and one “abstain,” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.
Order. The proper interruption would be, “point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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2023 City Council
Mid-Year Goal Review Workshop
September 27
, 2023
Workshop Agenda
1 Review and discuss:
1. Team Morgan Hill Department Updates
2. 2022-2023 Sustainable Morgan Hill, including Vision, Ongoing Priorities, and Strategic Priorities
3. 2022-2023 Strategic Priorities Workplan
4. Future Council Initiated Agenda Items
5. City Council Norms and Ethics Policy
6. Code of Conduct for Public Meetings
7. Rosenberg’s Rules of Order
Team Morgan Hill
Department Updates
2
3
2022-2023
Sustainable Morgan Hill
4
5 6
7
8
2022-2023 Strategic Priorities
Workplan
&
Future Council
Initiated Agenda Items
9
City Council Norms
and
Ethics Policy
10
Code of Conduct
for Public Meetings
11
Rosenberg’s
Rules of Order
12
Questions
&
Discussion
13