November 2018 Community Questions

General Election Questions

Q: What does it cost the City to put a measure on the ballot?

A: $52,300 per measure

District Election Questions

Q: Regarding ELECTIONS.... I live in District C. Since the City Council candidates are in Districts B and D, does that mean I will not be voting for a candidate?

 A: That is correct. In this election only registered voters that live in Districts B and D will be voting for city council member candidates.  All voters will be able to vote for mayoral candidates.

Q: Why are the City Council districts identified by letters rather than numbers?

A:  The City Council districts are identified with letters so as not to be confused with the Morgan Hill Unified School District's districts which were already identified with numbers.

Measure H Questions

Q: What is the Transient Occupancy Tax (TOT) in Gilroy?

A: Gilroy’s TOT is currently at 9%

Below is a chart for comparison to all other cities in Santa Clara County.

CityTOT RateTOT Measure on 11/18 Ballot
Campbell12.00%
Cupertino12.00%
Gilroy9.00%
Los Altos11.00%14.00%
Los Altos Hills10.50%
Los Gatos10.00%
Milpitas10.00%14.00%
Monte Serenono TOT
Morgan Hill10.00%11.00%
Mountain View10.00%
Palo Alto14.00%15.50%
San Jose10.00%
Santa Clara9.50%
Saratoga10.00%
Sunnyvale10.50%12.50%

Q: Doesn’t Gilroy have additional taxes on hotels above the TOT there? 

A: Yes, in addition to the 9% TOT, Gilroy has 2% Tourism Marketing Assessment approved by the hotels there.

Measure I Questions

Q: Is commercial cannabis activity legal in the County, (unincorporated areas of Morgan Hill)?

A: No

Q: I  have a question about 'Measure I" that  'implies' that cannabis (marijuana) is legal(to grow and sell) in Morgan Hill....I don't remember any 'statute, measure', etc.  that passed saying it was 'legal' in the MH city(only that it was being 'studied)....or is this a 'roundabout' Progressive way to make it 'legal' ?  BTW..I am not surprised that this is the direction the MH City is going....always after revenue....no matter the 'health' of the community.

A: The City Council has made no decision on legalizing commercial cannabis related activity (retail...cultivation...delivery) in Morgan Hill. Measure I, if passed, would only provide the mechanism to tax for these activities, if made legal.  Making them legal is a separate step and not guaranteed through the passage of this ballot measure.

Q: Does the City of Morgan Hill have a local tax on alcohol, medications or tobacco?

A: No, Morgan Hill does not. Local taxation of this is not allowed for local agencies under state law.

Q: What will the tax rates be on cannabis if Measure I were approved?

A: Commercial cultivation would be taxed based on the size of plants (square footage of canopy) at a maximum rate of up to $15 per square foot

All other cannabis businesses could be taxed up to 10% of gross receipts

Q: Isn't the Cannabis tax just the same as a sales tax?

A: No, a Cannabis tax would be in addition to sales tax for retails sales.  For manufacturing/cultivation it is a tax based upon square footage.

Q: Does the County have a cannabis measure on the ballot?

A: No the County does not. Two other cities in the County do, Mountain View and Santa Clara.

Measure J Questions

Q: Who would appoint the City Clerk if it were an appointive position? Is there a job description?

A: There is not a legal definition of an “appointed” clerk separate from an “elected” clerk as they are essentially the same position. The only difference is how they come to be in that position. Government Code sections 40801 – 40814, the City’s municipal code, along with sections from the elections code outline the duties and responsibilities of the City Clerk which would in both situations.

Government Code section 36508 allows the City Council to ask the voters if the elected city clerk position shall be appointed. GC 36510 states that if the measure is passed the appointed position would serve at the pleasure of the City Council, unless the City Council adopts an ordinance that vests the authority to appoint such offices in the City Manager. If the measure passes, the City Council would, at that time, decide if the position were to be appointed by the City Council or if they want to adopt an ordinance vesting that authority in the City Manager. The city, upon passage of the measure, would create a job description for the position and determine who will be appointed to the position.

Q: Doesn't an elected City Clerk position provide for more transparency?

A:  An elected official is accountable to those who elect him or her. Transparency is ensured by California's Public Records Act and the Brown Act.