November 2018 Community Questions
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.
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.
|City||TOT Rate||TOT Measure on 11/18 Ballot|
|Los Altos Hills||10.50%|
|Monte Sereno||no TOT|
Measure I Questions
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.
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.