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After receiving a complaint from a resident about the “confusing” title of a July 27 Morgan Hill City Council agenda item, city officials agreed to take steps to make this and future agendas more transparent.
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Shortly after the agenda was posted a few days before the meeting, Morgan Hill resident Chris Monack noted that the title for item 12 did not refer to what he argued was the most significant recommendation within the item: to consider placing a revenue measure on the November ballot.
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City Attorney Don Larkin said at the start of the July 27 meeting that he and the city manager discussed Monack’s concern and agreed that the agenda item title could have more clearly reflected the possible action.
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“Although the (original) posting was adequate, we don’t merely strive for adequacy, especially when it comes to transparency,” Larkin said.
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As a result, the city revised the agenda to include “consideration of a sales tax and/or general obligation bond” for the November ballot.
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Although Monack argued the original vague title and the reposting of the revised agenda violated the Brown Act—a state law that ensure the openness of public meetings and records—the city attorney disagreed. Still, he and other city officials have said they like to go beyond their legal requirements when it comes to notifying the public of significant city business.
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Monack added July 29 that since his complaint, the city has also improved its web posting process. Now, when a user clicks on the city-sponsored link that directs them to the council agenda, they will go to a page that contains the full agenda rather than another link they would have to click on to download it.
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“Some may look at the end result as me losing. What I did, however, was affect a few changes in how the city clarifies its public notices going forward,” Monack said by email.
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The council had a lengthy discussion on the possible revenue measure at the July 27 meeting, but ultimately declined to place it on the ballot because recent public surveys showed the residents would not vote for it. Council members are still looking for funds to cover an estimated $5.8 million shortfall in funds needed to repair, upgrade and maintain city streets, parks and associated infrastructure.
Growth control will be on Nov. 8 ballot
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Also at the July 27 meeting, the council approved a Nov. 8 ballot measure asking the voters to renew the Residential Development Control System with an annual housing allotment cap of 215 units per year. If the voters approve the RDCS update, it will expire in 2035.
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The measure was approved on a 4-1 vote, with Mayor Pro Temp Rich Constantine casting the dissenting vote.
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The RDCS, first approved by voters in 1977, sets a population cap on the city of Morgan Hill in order to limit rampant growth by requiring developers to compete for the limited number of annual housing allotments. The current version of the RDCS expires in 2020 with a population cap of 48,000 for that year. These guidelines currently allow the city to permit an average of 250 units per year.
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New to the ordinance, per the council’s request, is a focus on the number of annual allotments rather than a long-term population cap.
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The selection of 215 units in the Nov. 8 ballot measure follows months of discussion among the council, planning commission and members of the community. Among these discussions has arisen a noted division between developers and a majority of planning commissioners on one side who think the city’s growth should remain at its current rate, and residents who want to significantly slow down the growth of Morgan Hill.
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In June, the council even asked the planning commission to consider an RDCS update that would reduce the annual number of allotments to 155. Council members ultimately decided that number would result in too sharp a decline in development related revenues that contribute to new capital projects and parks maintenance.
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Proponents of the RDCS—including all five council members—have said the ordinance has been responsible for bringing high-quality housing and amenities to Morgan Hill.
In a related action July 27, the council also unanimously approved the 2035 General Plan update, which sets out the city’s long-term path of growth.
