AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
DATE: ________________________ ____________________________ Mark Turner, MAYOR
CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. XX-XXX, adopted by the City Council at a regular meeting held on June 26, 2024.
WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.
DATE: ________________________ ____________________________ Michelle Bigelow, CITY CLERK
From: Christina Turner
To: D. Muirhead
Cc: Dat Nguyen; CityClerk
Subject: RE: [EXTERNAL] comment Morgan Hill City Council June 26, 2024 #12 Wastewater Rate Study and Proposition 218 Notice Date: Tuesday, June 25, 2024 1:01:40 PM
Attachments: image001.png
Hi Doug – we do count tenants or utility customers on record, not just owner of the parcel. Please see below.
From: D. Muirhead <[email protected]>
Sent: Saturday, June 22, 2024 10:22 AM
To: CC Public Comment <[email protected]> Subject: [EXTERNAL] comment Morgan Hill City Council June 26, 2024 #12 Wastewater Rate Study and Proposition 218 Notice
Greetings Morgan Hill City Council and City Staff,
A comment for your June 26, 2024 meeting
#12. Wastewater Rate Study and Proposition 218 Notice
I repeat my request at the previous 2019 rate increase that the Proposition 218 Notice accurately reflect the protest counting process used by the City, which in the past has differed from the description of the Proposition 218 Notice.
Proposition 218 Notification
HOW TO PROTEST THE PROPOSED RATE ADJUSTMENTS
As the owner or customer of record of a parcel subject to the imposition of the proposed rate adjustments, you may submit a written protest against the proposed rate changes.
The Proposition 218 Notice disenfranchises those of us who live in multi-unit dwellings and pay the bill for water/wastewater services, granting protest standing only to "owner or customer of record of a parcel".
However in the previous rate increase (City Council May 01 2019) the City said that they would count all protests including those of us who pay the wastewater bill but are not "owner or customer
of record of a parcel". Given the wording of the Notice, the residents of the 80 units in my complex would not know that they could have a voice in the new rate proposal.
For the record, the previous Wastewater Rates included a Community Meeting (February 25, 2019) where the Council Staff Report noted:
Two community members attended the meeting.
The following topics were discussed:
Proposition 218 notice and vote count
Changing topics, under 2024 Study 3.4 Current vs. Proposed Wastewater Rates, to "simplify the billing process", single-family residential charges are based on account and multi-family residential customers charges are per dwelling unit.
As a one-person household using 1/2 CCF/month in a multi-family complex, I probably don't benefit from this alternative "simplification." Thank you for your consideration. Doug Muirhead, Morgan Hill WARNING: This message is from an external user. Confidential information such as social security numbers, credit card numbers, bank routing numbers, gift card numbers, wire transfer information and other personally identifiable information should not be transmitted to this user. For question, please contact the Morgan Hill IT Department by opening a new helpdesk request online or call 408-909-0055.
Wastewater Rates Adjustment
June 26, 2024
• Background
• Wastewater System Master Plan
• Proposed Wastewater Rates Adjustment
• Recommendation
Overview
1
Background
• 2019 Rate Study
• Final annual rate adjustment - July 2023
• 2024 Wastewater System Master Plan
• $138 million in Total Improvement Costs
• $58 million to be paid by future users (impact fees)
• $80 million to be paid by existing users
• 2024 Wastewater Rate Study
2
Wastewater System Master Plan
• Key highlights from MP
• Need for resiliency for existing users
• New trunk line
• Rehabilitation and replacement program for new sewer
lines
• Construction of new sewer lines and upsizing of existing lines
• New users will pay their share for
growth through impact fees
3
Operational Cost Impacts
• Significant electricity cost increases
• High inflationary costs for personnel,
supplies, and contract repairs
• Increased operation and
maintenance charges from South
County Regional Wastewater
Authority (SCRWA)
4
Proposed Annual Rate Adjustment
Summary of Sources and Uses of Funds and
Net Revenue Requirements
Budget Projected
FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Sources of Wastewater Funds
Rate Revenue Under Prevailing Rates
Other Operating Revenue
Interest Earnings
Use of Impact Fees for Debt Service
Total Sources of Funds
Uses of Wastewater Funds
Operating Expenses
Existing Debt Service
Planned Debt Service
Total Use of Funds
$ 15,200,000 $ 15,519,200 $ 15,845,103 $ 16,177,850 $ 16,517,585 $ 16,864,455 329,403 344,116 359,522 375,654 392,548 410,241
518,214 853,499 613,968 906,415 804,839 731,339
682,453 682,145 681,543 1,605,956 1,605,581 1,605,769
$ 16,730,070 $ 17,398,960 $ 17,500,137 $ 19,065,876 $ 19,320,554 $ 19,611,802 $ 15,482,153 $ 16,161,217 $ 17,841,704 $ 19,962,928 $ 20,994,830 $ 22,124,254 1,280,963 1,280,288 1,278,663 1,279,238 1,278,638 1,278,938 - - - 1,290,292 1,290,292 1,290,292
$ 16,763,116 $ 17,441,505 $ 19,120,367 $ 22,532,458 $ 23,563,760 $ 24,693,484 Surplus (Deficiency) before Rate Increase $ (33,046) $ (42,545) $ (1,620,231) $ (3,466,582) $ (4,243,206) $ (5,081,682) Additional Revenue from Rate Increases - 1,047,546 2,980,464 4,580,726 6,372,482 8,375,965 Surplus (Deficiency) after Rate Increase $ (33,046) $ 1,005,001 $ 1,360,233 $ 1,114,144 $ 2,129,276 $ 3,294,283 Projected Annual Increase
to Rate Revenue
5.00% 9.00% 9.00% 8.00% 8.00% 8.00%
Net Revenue Requirement $ 15,233,046 $ 15,561,745 $ 17,465,334 $ 19,644,432 $ 20,760,791 $ 21,946,136 Projected Debt Coverage After Rate Increase 5.15 5.86 6.19 3.75 4.35 4.98 Debt Coverage Requirement 1.25 1.25 1.25 1.25 1.25 1.25 5
Bill Comparison – Current Rate
Structure
* Hundred Cubic Feet (HCF) = 748 gallons 6 $27.05 $32.79$44.27$55.75$67.23$84.45$101.67$118.89$136.11$153.33 $38.90 $44.07 $54.43 $64.79 $75.16$90.68$106.22$121.75$137.29$152.83 $0
$20
$40
$60
$80
$100
$120
$140
$160
$180
0 1 3 5 7 10 13 16 19 22
Monthly Bill
Monthly Water Consumption (HCF)*
Single-Family Residential Sewer Bill Comparison
Current vs. Proposed Rates in FY 2024/25
SFR Bill - Current Rates
SFR Bill - Proposed Rates (October 2024)
Average
Winter
Consumption
7 hcf
Bill Comparison – Proposed
Current Rates vs. Alternative Rates $75.16 $81.88 $88.49 $95.52 $103.18 $71.89 $78.37 $84.63 $91.41 $98.72 $0
$20
$40
$60
$80
$100
$120
10/1/24 7/1/25 7/1/26 7/1/27 7/1/28
Average Single-Family Residential Customer
Proposed Rates Under Current Structure Proposed Rates at Alternative Fixed Rate 7
Bill Comparison (cont’d)
Current FY24-25 FY25-26 FY26-27 FY27-28 FY28-29
Current Rate Structure1$67.23 $75.16 $81.88 $88.49 $95.52 $103.18 Alternative Fixed Rate N/A $71.89 $78.37 $84.63 $91.41 $98.72 1 Water consumption of 7 HCF/month
City Rates1
San Jose $49.59
Gilroy $51.07
Palo Alto $55.93
Milpitas $64.22
Morgan Hill $71.89 2
Morgan Hill $75.16 3
Redwood City $97.74
Menlo Park $114.25
1 July 1, 2024
2 Alternative or fixed rate structure
3 Current rate structure
Average Single Family Residential
8
Cash Balances and Reserve
9
Lift Station Surcharges
• About 2,100 accounts out of 13,400
Current Proposed
10/1/2024
Proposed
7/1/2025
Proposed
7/1/2026
Proposed
7/1/2027
Proposed
7/1/2028
Lift Station Charge $11.23 $12.24 $13.34 $14.41 $15.56 $16.81 % Change N/A 9% 9% 8% 8% 8%
10
Low Income Subsidy
Current 10/1/2024 7/1/25 7/1/26 7/1/27 7/1/28
Subsidy Amount $14.17 $15.45 $16.84 $18.18 $19.64 $21.21 Percentage Increase N/A 9% 9% 8% 8% 8%
• Those in PG&E Care Program
• Currently 332 customers
• Using “general” revenues, not from
wastewater rates
11
• Currently about 50 in the City
• Expecting more
• Fair and equitable rates for dwellings
• Additional fixed amount charge of $38.90
per detached ADU at current rate structure
- $23K/year
• Alternative fixed rate structure at
multifamily rate - $41K/year
Detached Accessory Dwelling Unit
(ADU)
12
Adopt resolution:
• Intent to Adjust Wastewater Rates at:
1) Current rate structure; or
2) Alternative fixed rate structure; or
3) Current rate structure with detached ADU; or
4) Alternative fixed rate structure with detached ADU
(Staff Recommendation); and
• Commence Proposition 218 Notices; and
• Set Public Hearing Date – August 28, 2024
Recommendation
13
Questions and Answers
14
13 CITY COUNCIL STAFF REPORT
MEETING DATE: June 26, 2024
PREPARED BY:
Christina Turner, City Manager
APPROVED BY: City Manager
PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL
INITIATED AGENDA ITEM
RECOMMENDATION(S)
Determine if the majority of the City Council wants the following item agendized at a future meeting for discussion:
Bring Viva Calle to Morgan Hill.
COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety and Quality of Life
Supporting our Youth, Seniors, and Entire Community
2024-2025 Strategic Priorities
Community Engagement
Economic Development and Tourism
REPORT NARRATIVE:
Section 4.2 of City Council Policy 97-01 (Attachment 1) allows members of the City Council to request items be added to an upcoming City Council agenda by requesting an item during the “Future Council Initiated Agenda Items” section of the agenda. A City Council report will then be placed on an upcoming agenda for Council discussion and consideration.
Below is a brief description of a recent item proposed for Council consideration.
Consider a public discussion on bringing Viva Calle to Morgan Hill (requested by Council Member Martinez Beltran, Attachment 2)
On May 15, 2024, Council Member Martinez Beltran requested the City Council consider a public discussion on bringing Viva Calle to Morgan Hill.
Staff is seeking direction from the City Council on whether they would like to agendize this item for a formal discussion. The estimated staff time to prepare a full City Council Staff Report on this topic is approximately 12 hours.
13 COMMUNITY ENGAGEMENT:
This report seeks direction from the City Council on whether or not to further agendize this topic for Council consideration.
ALTERNATIVE ACTIONS:
Not Applicable
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
No prior actions.
FISCAL AND RESOURCE IMPACT:
There is no fiscal impact associated with seeking direction from the Council on this item.
CEQA (California Environmental Quality Act):
Not a Project.
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
CITY OF MORGAN HILL
CITY COUNCIL POLICIES AND PROCEDURES
CP-97-01
SUBJECT: RULES FOR THE CONDUCT OF CITY COUNCIL
MEETINGS, PLACEMENT OF ITEMS ON THE AGENDA,
AND MATTERS TO BE RECONSIDERED
EFFECTIVE DATE: May 7, 1997
REVISED DATE: March 15, 2023, August 23, 2023, June 19, 2024 ORIGINATING DEPARTMENT: CITY MANAGER
SECTION 1 - SCOPE
1.1 These rules shall establish the procedures for the conduct of all meetings of the City Council of the City of Morgan Hill. The purpose of these rules is to provide procedures consistent with the Ralph M. Brown Act, establish procedures which will be convenient for the public, be fair to all members of the City Council, and contribute to the orderly conduct of City business.
SECTION 2 - MEETINGS
2.1 Open to Public: All meetings of the City Council, whether regular or special, shall be open to the public, unless a closed session is scheduled as authorized by law.
2.2 Regular Meetings: The City Council shall conduct its regular meetings at the time and place established by ordinance, if specified in the ordinance or resolution.
2.3 Review Status of Agenda at 9:00 p.m.: The City Council may review the agenda at 9:00 p.m. to determine if it will be able to conclude its business by 10:00 p.m. If, at 10:00 p.m., the City Council has not concluded its business, before continuing the meeting it shall review and discussthe status of the remaining agenda items and determine by majority vote whether to continue any remaining items to a future regular or special meeting, adjourn the meeting to another date and time, or extend the meeting beyond 10:00 p.m. as needed. The meeting may be extended beyond 10:00 p.m. one time. Additional extensions of time will be at the Mayor’s discretion.
2.4 Special Meetings/Workshops: A special meeting and/or workshop may be called at any time by the Mayor or Presiding Officer of the City Council or by three members of the City Council. Written notice of any such meeting must specify the purpose of the meeting.
Notice of the meeting must be made in accordance with the law.
2.5 Closed Sessions: The City Council may hold closed sessions during a regular or special meeting, or at any time authorized by law, to consider or hear any matter which is authorized by law. At times, Closed Sessions may have to be held in an order different than presented due to the timeliness of the matter, to save the City money when an outside attorney has been retained or due to the need for extra time to discuss and deliberate an DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
important closed session item. Closed session items may be continued to the conclusion of the agenda.
2.6 Quorum: Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three Council members appear at a regular meeting, the Mayor, Mayor Pro Tempore in the absence of the Mayor, any member of the City Council, or in the absence of all Council members, the City Clerk or Deputy City Clerk shall adjourn the meeting to a stated day and hour.
2.7 Adjourned Meetings: The City Council may adjourn any regular, adjourned regular,special, or adjourned special meeting to a time and place specified in the order of adjournment and permitted by law.
SECTION 3 - POSTING NOTICE AND AGENDA
3.1 Posting of Notice and Agenda: For every regular or special meeting, the City Clerk or other authorized person, shall post a notice of the meeting specifying the time and place at which the meeting will be held and an agenda containing a brief description of all items of businessto be discussed at the meeting. The notice and agenda may be combined in a single document.
a. Posting for Regular Meetings: For any regular meeting of the City Council, the notice and agenda shall be posted no later than seventy-two (72) hours prior to the time set for the meeting consistent with all Brown Act requirements. b. Posting for Special Meetings: For any special meetings of the City Council, the notice and agenda shall be posted no later than twenty-four (24) hours prior to the time set for the meeting consistent with all Brown Act requirements.
3.2 Location of Posting: The notice and agenda shall be posted on the City’s website and in a place to which the public has unrestricted access during at least normal business hours and where the notice and agenda are not likely to be removed or obscured by other posted materials.
3.3 Availability of the Agenda to the Public: The agenda for any regular or special meeting shall be made available to the public as soon as is practical after delivery to the members of the City Council.
SECTION 4 - AGENDA CONTENTS
4.1 Description of Matters: All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description of the item and the proposed action to be considered should be set forth as clearly as practical so that members of the public will know the nature of the action under review and consideration.
4.2 Placement of items on the agenda: The Mayor, City Manager, or City Attorney may place items on the agenda. Members of the City Council may request items to be added to an upcoming City Council agenda by requesting an item during the "Future Council Initiated Agenda Items" Section of the agenda. When a Future Council Initiated Agenda Item is requested, the Council Member making the request will send the City Manager a brief DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
summary outlining the request and any relevant background. If the requested item is not included in the current Strategic Priorities Workplan, the team will bring forward the item at a future Council Meeting within 30-45 days of the request via a brief staff report, including the brief summary provided by the requesting Council Member. At that meeting, the City Council will review the request and determine if the majority of the City Council wants the items agendized at a future meeting for discussion.
4.3 Council shall not act or take a position on: Matters outside of the Morgan Hill City Council's subject matter jurisdiction, including foreign or international events. Appropriate subject matter jurisdiction includes agenda items directly related to Morgan Hill business, as well as County/regional items having a direct impact on the City (i.e. countywide emergency services or transportation).
4.4 Limitation to Act on Only Items on the Agenda: No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:
a. Upon a majority determination that an "emergency situation" (as defined by State Law) exists; and
b. Upon a determination by a 4/5 vote of the City Council that there is a need to take immediate action and that the need to take the action came to the attention of City officials subsequent to posting of the agenda.
4.5 Change in Order of Business: The Mayor or Presiding Officer may decide to take matters listed on the agenda out of the prescribed order unless a majority of members present object to this variation.
4.6 City Council Reports: On an alternating basis, at each Regular City Council meeting, with a time limit of three minutes, a Council Member has the opportunity to share with the Council and community any pertinent updates or information in regard to their appointments to outside agencies, upcoming events, or relevant City business. These are non-action items.
4.7 City Manager Report: These are updates on current City activities, reports on issues raised at previous Council meetings, or recognitions. These are non-action items.
4.8 City Attorney Report: These are updates on current City activities, reports on issues raised at previous Council meetings, or reportable actions of the City Council in Closed Sessions and/or current litigation. These are non-action items.
4.9 Other Reports: These are pertinent updates or information on upcoming activities or events relevant to City business with a time limit of one minute. These are non-action items.
4.10 Public Comment for items not on the agenda: This refers to those matters not scheduled on the agenda where a member of the public wants to address a matter of importance to the City Council. Since the matter is not on the agenda, no action by Council can be taken. If a member of Council so desires, the matter can be placed on the agenda of a future Council meeting for review and consideration.
4.11 Consent Calendar: These are items of a routine or generally uncontested nature. Any member of the Council or member of the public may request to have an item pulled from the DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
consent calendar and acted on individually by the Council. Items pulled will be discussed after action is taken on the balance of the consent calendar. The Mayor shall decide if the items are heard before or after moving on to public hearing and other business items.
4.12 Public Hearings: These are matters that are duly noticed and published in a newspaper of general circulation and where required by law, written notice is given to the affected residents who have the opportunity to speak in favor or against a matter or ask questions about the matter.
4.13 Other Business: These are other matters of City business which are not appropriately placed on the consent calendar and do not require published notices and require Council action and direction.
4.14 Future Business: These are items that members of the City Council wish to discuss to potentially take action on or have placed on future agendas.
SECTION 5. ORDER OF BUSINESS
5.1 The order of business at meetings of the City Council shall be as follows:
a. CALL TO ORDER
b. ROLL CALL ATTENDANCE
c. DECLARATION OF POSTING AGENDA
d. WORKSHOP (if needed; 5:00-6:00 p.m., or as deemed appropriate) e. CLOSED SESSION (if needed; 5:00-6:00 p.m., or as deemed appropriate) f. SILENT INVOCATION
g. PLEDGE OF ALLEGIANCE
h. PRESENTATIONS
i. PROCLAMATIONS
j. RECOGNITIONS
k. CITY COUNCIL REPORTS
l. CITY MANAGER’S REPORT
m. CITY ATTORNEY’S REPORT
n. OTHER REPORTS
o. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
p. ADOPTION OF AGENDA
q. CONSENT CALENDAR
DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
r. PUBLIC HEARINGS
s. OTHER BUSINESS
t. FUTURE COUNCIL INITIATED AGENDA ITEMS
u. CLOSED SESSION
v. ADJOURNMENT
SECTION 6. PUBLIC COMMENT
6.1 Public Comment: Persons present at meetings of the City Council may comment on individual items on the agenda at the time the items are scheduled to be heard. In addition, comments may be offered on items not on the agenda under that portion of the agenda. In accordance with State law, matters not scheduled on the agenda cannot be acted upon by the City Council, but items raised by the public during public comment may be referred to a future City Council agenda at the request of the Mayor or City Council.
6.2 Limitations: The public comment period may be 3 minutes for items on the agenda or items not listed on the agenda. Speakers are called in the order the speaker cards are submitted.
Project applicants or appellants will be allowed more than the designated 3 minutes in accordance with City Council Policy 03-01. Consistent with this policy, the Mayor or Presiding Officer may recall an applicant or appellant to address questions after the public comment is heard. In addition, applicants will be given time at the end of the public hearing to address any questions or comments.
The Mayor or Presiding Officer may allow speakers who wish to speak under public comment for items not on the agenda to concede a portion of their time, specifically, one speaker may concede a portion of their time to one other speaker. For all other business items, the Mayor or Presiding Officer may allow speakers more time and/or allow speakers to concede a portion of their time to a designated speaker of a group, specifically up to two speakers may concede their time to one speaker, unless a majority of the City Council objects. Speakers that wish to designate a group speaker shall notify the City Clerk before discussion on the item begins. Additionally, any speaker that concedes their time must be present at that City Council meeting. Speaker who would like to share documents or presentations may do so by submitting said document to the City Clerk by noon on the day of the City Council Meeting. Speaker may not share videos or presentations with videos embedded within them.
6.3 Procedure: To address the City Council, each speaker is requested to fill out a Speaker Card and turn it in to the City Clerk before discussion on the agenda item begins. The speaker is requested to provide their name, contact information, and the subject(s) upon which the speaker wishes to address the City Council. Speakers who do not wish to provide their name should provide an alternative designation so that they can be called to speak by the City Clerk.
Public comment may be provided in writing for items on the agenda, as well as for items not on the agenda. Public comment in writing may be submitted via email to [email protected] or by mail to the City Clerk at 17575 Peak Avenue, DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
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 time to review the comments.
You may continue to provide written comments up to noon on Wednesday (the day of the meeting although Council Members may not have sufficient time to review them. Public comments submitted to the City Clerk after noon 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.
SECTION 7. PROCEDURES FOR THE CONDUCT OF MEETINGS
7.1 Role of the Mayor/Presiding Officer:
a. The Presiding Officer of the City Council, who shall be the Mayor or in the Mayor's absence shall be the Mayor Pro Tempore, or in their absence any other designated member of the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Presiding Officer to ensure that the rules of operation and decorum contained herein are observed. The Presiding Officer shall maintain control of communication between Council Members and between the Council, staff, and public.
b. Communication with Council Members:
1. Council Members should request the floor from the Presiding Officer before speaking.
2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker.
3. During both questions, when one Council Member has the floor, they are limited to 5 minutes. During discussion, the Mayor and Council Members as a whole are limited to 15 minutes. The time limit may be extended at the Mayor’s discretion.
4. With the concurrence of the Mayor, a Council Member holding the floor may address a question to another Council Member. The Council Member being questioned may or may not respond while the floor is still held by the Council Member asking the question. The reply shall be limited to the question asked. c. The Mayor or Presiding Officer may declare that an item within the meeting will be conducted in “workshop” format, which means that the procedures described in section 7.1B do not strictly apply. This is to allow for a more open discussion without strict formalities. The Mayor or Presiding Officer may end the workshop format for the item at his/her discretion.
d. Communication with Members of the Public Addressing the Council DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
1. The Mayor or Presiding Officer shall open the floor for public testimony as appropriate.
2. After a witness or subject matter expert has addressed the City Council during public comment, Council members may only ask questions of witnesses or subject matter experts. Such questions should be directed to the person through the Presiding Officer unless the Presiding Officer grants the Council Member permission to directly question the person.
3. Staff members, through the City Manager, shall be a resource to the City Council to answer questions arising during discussions between Council Members and between Council Members and members of the public.
Communications in this regard shall be through the Presiding Officer.
4. Members of the public shall direct their questions and comments through the Presiding Officer.
7.2 Rules of Order: The City Council adopts no specific rules of order except those listed herein. The City Council shall refer to Rosenberg’s Rules of Order (available at https://www.cacities.org/UploadedFiles/LeagueInternet/77/77d4ee2b-c0bc-4ec2-881b42ccdbbe73c9.pdf) as a guide for the conduct of meetings. The guideline regarding not requiring seconds for governmental bodies' motions, resolutions or ordinances is not adopted as the rule in the City. The Mayor or Presiding Officer has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting. These latter rules will be followed unless objected to by a majority of the City Council members present.
7.3 Motions: The Mayor or any member of the City Council may bring a matter of business on the agenda before the Council by making a motion. Before the matter can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Presiding Officer shall open the matter for full debate offering the first opportunity to debate to the moving party and, thereafter, to any Council Member recognized by the Mayor or Presiding Officer. Debate shall be closed upon consent of a majority of the Council.
7.4 Reconsideration: Immediately after a vote on a matter, any member of the City Council may request to have his/her vote changed on a matter before the Council moves on to the next item. Such a request will be granted by the Mayor or Presiding Officer unless a majority of the Council objects.
A matter may be reconsidered by the City Council if a member on the prevailing side of the vote requests reconsideration. Such a motion may be made at a meeting where such action is taken or at a subsequent meeting of the Council, however, nothing in this policy precludes the majority of members of the City Council from requesting reconsideration of any item.
7.5 Debate:
a. The discussions and deliberations at meetings of the City Council are to secure the informed judgement of Council members on proposals submitted for decision. This DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
purpose is best served by the exchange of thought through discussion and debate.
Debate is regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.
b. Obtaining the Floor for Debate:
As soon as a debatable motion has been stated to the Council by the Mayor or Presiding Officer, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor or Presiding Officer. A member who has been recognized is entitled to be heard so long as he/she observes the rules of debate.
c. Speaking More Than Once:
To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Council member has already spoken and other members wish to speak, the latter members should be recognized in preference to the member who has already spoken.
However, if no other members seek recognition, the Mayor or Presiding Officer may recognize the member who has already spoken.
d. Relevancy of Debate:
All discussion must be relevant to the motion before the City Council. A member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. The Mayor or Presiding Officer should then direct the speaker to limit discussion to the question before the City Council.
A motion-its nature or consequences-may be attacked vigorously. But it is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor or Presiding Officer instantly to stop any member who engages in personal attacks. It is the motion, not its proposer, that is the subject of debate. Meetings must discuss measures and ideas, not people.
Arguments, for or against a measure, should be stated as concisely as possible.
Debate must be fundamentally impersonal. All discussion is addressed to the Mayor or Presiding Officer and must never be directed to any individual. e. Mayor’s Duties During Debate:
The Mayor or Presiding Officer has the responsibility of controlling and expediting debate. A Council member who has been recognized to speak on a question has a right to the undivided attention of the Council.
It is the duty of the Mayor or Presiding Officer to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.
DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
City Council Policy 97-01
Rules for the Conduct of City Council Meetings
SECTION 8. DECORUM
8.1 Council Members: Members of the City Council value and recognize the importance of the trust invested to them by the public to accomplish the business of the City. Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the City Council.
8.2 City Employees: Members of City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Council Members and members of the public.
8.3 Public: Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council.
8.4 Noise in the Chamber: Noise emanating from the audience within the Council Chamber or lobby area, which disrupts City Council meetings, shall not be permitted.
8.5 Sergeant-at-Arms: The Chief of Police, or his/her designated representative shall be exofficio Sergeant-at-Arms of the City Council.
SECTION 9. VIOLATIONS OF PROCEDURES
9.1 Nothing in these policies and procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.
This policy shall remain in effect until modified by the City Council.
APPROVED:
_______________________________
MARK TURNER, MAYOR
DocuSign Envelope ID: 634E0FF1-7DF5-41DE-BEA4-907F0EE4B725
Date: June 20, 2024
TO: Christina Turner
FROM: Yvonne Martínez Beltrán, Councilwoman
RE: Agenda Item To Consider & Approve Bringing Viva Calle to Morgan Hill Per my request at our prior Council meeting I would like to refer an agenda item requesting the Council consider and approve bringing Viva Calle to Morgan Hill. Viva Calle is a free recreation program that temporarily opens miles of streets to bring communities together in the streets to walk, bike, skate, play and explore the city like never before!
Viva CalleSJ was inspired by similar programs hosted in Los Angeles; San Francisco; Portland; Guadalajara, Mexico; and other cities around the world. VivaCalleSJ is managed by the City of San José’s Department of Parks, Recreation, and Neighborhood Services which brings over 120k people to neighboring San Jose. While we might not expect as many visitors the first time, it would create a buzz about an incredible experience in Morgan Hill and a chance for local and regional participants to explore our wineries, downtown, and beautiful landscape as well as our business and recreation opportunities.
I have attended Viva Calle in San Jose the past few years and similar types of programs in other countries that open miles of streets. This is a unique opportunity for us to showcase Morgan Hill and all its wonder and for participants to experience Morgan Hill in a more connected way than in their vehicles. This program is brought to you with $58k in funds secured by the County for a Viva Calle program with miles of open streets for Morgan Hill and embodies the essence of our Strategic Priorities and furthers our Council Ongoing Priorities. It would enable the City to double down on our Tourism and Economic Development strategic priority to implement activations with partner organizations to increase tourism and vibrancy. It provides Community Engagement opportunities for every member of the community to participate, addresses multi-modal Transportation, promotes Healthy Living, protects the environment by encouraging people to connect with open space, all while supporting our youth, seniors and entire community.
The miles of open streets course includes activity hubs where participants can stop for water, food, resources and enjoy entertainment and inspires participants to veer off the course and discover. Many organizations and local businesses that have been in preliminary contact, and learned about Viva Calle are excited about the opportunity this would bring to Morgan Hill. Our community is prime for a family outdoor event like this for all ages. Bringing Viva Calle to Morgan Hill clearly presents the opportunity to
increase tourism, recreation, and economic activity, promote livable streets and open space enjoyment, as well as environmental awareness and healthy living through a fun and all ages family friendly walking and biking for miles open streets experience.
In Community,
Yvonne Martínez Beltrán
Councilwoman
City of Morgan Hill