3 location within the City, at a location no closer than 1000 feet from any existing licensed Daycare/Preschools, Youth Center, and Schools, to engage in commercial cannabis activities?
Yes ( )
No ( )
BE IT FURTHER RESOLVED AND ORDERED that the City Council directs the City Clerk to take all actions necessary to submit the measure to the Registrar of Voters for placement on the November 8, 2022 ballot and comply with provisions of the Elections Code of the State of California, City Charter, Ordinances, Resolutions and Policies regarding the conduct of that election.
BE IT FURTHER RESOLVED that the City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with the California Elections Code.
Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be signed and filed with the City Clerk and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
Submittals are to be delivered to the City Clerk no later than 12:00 p.m. on August 18, 2022. Authors of any argument in favor or in opposition may prepare and submit rebuttal arguments not exceeding 250 words, in the same manner as the direct arguments. Submittals are to be delivered to the City Clerk no later than 12:00 p.m. on August 25, 2022.
BE IT FURTHER RESOLVED that in the interest of providing relevant information to the voters on the potential effect of the measure, the City Council requests that Exhibit A – a Cannabis Map dated May 2, 2022 be included in the voter guide as an example as of the date of the map where cannabis businesses could be allowed should the City Council implement the measure as authorized.
BE IT FURTHER RESOLVED that the City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. Submittal of the Impartial Analysis is to be delivered to the City Clerk no later than 12:00 p.m. on August 18, 2022.
BE IT FURTHER RESOLVED that that if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
BE IT FURTHER RESOLVED THAT voter approval requirement is by majority vote of people of the City of Pacific Grove.
BE IT FURTHER RESOLVED that that this Resolution shall take effect immediately upon its adoption.
PGCC 7-20-2022
4 PGCC 7-20-2022
5 PASSED AND ADOPTED by the City Council of the City of Pacific Grove on this 20 TH day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
BILL PEAKE, Mayor
ATTEST:
DATED:
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
BRIAN A. PIERIK, City Attorney
PGCC 7-20-2022
6 EXHIBIT A
PGCC 7-20-2022
Legend
Licensed Child Care Facility 1000 ft Buffer Zone
Licensed Child Care Facilities
Pacific Grove Youth Center 1000 ft Buffer Zone
Pacific Grove Youth Center
Pacific Grove Schools 1000 ft Buffer Zone
Pacific Grove Schools
Commercial Zone
Pacific Grove Parcels
Map of Cannabis Buffer Zones
The City of Pacific Grove
July 20, 2022
0 1,000 Feet /
PGCC 7-20-2022
1 RESOLUTION NO. 22-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC
GROVE SUBMITTING TO THE CITY VOTERS A BALLOT MEASURE
TO ESTABLISH A BUSINESS TAX ON BUSINESSES WHICH SELL
AND DELIVER CANNABIS AND CANNABIS PRODUCTS INCLUDING
INDUSTRIAL HEMP AND HEMP PRODUCTS; ORDERING AN
ELECTION, REQUESTING COUNTY ELECTIONS TO CONDUCT THE
ELECTION AND REQUESTING CONSOLIDATION OF THE
ELECTION WITH THE GENERAL MUNICIPAL AND STATEWIDE
CONSOLIDATED ELECTION TO BE HELD ON NOVEMBER 8, 2022.
WHEREAS, Sections 37101 and 37100.5 of the California Government Code authorize the City to levy a license tax, for revenue purposes, upon business transacted in the City; and WHEREAS, as a result of recent voter-approved changes to state law and new state regulations being implemented, there has been a very strong interest by cannabis businesses to open in the City; and
WHEREAS, the California Industrial Hemp Farming Act, (Government Code Section 81600 et seq. and related regulations) authorize the commercial production of Industrial Hemp in California; and
WHEREAS, the City Council will consider enactment of a cannabis and hemp regulatory ordinance; and
WHEREAS, if cannabis and hemp businesses are authorized, they are likely to create demands upon City services, and the City’s current tax system does not currently impose any taxes on retail and delivery cannabis businesses, aside from generally applicable municipal taxes; and
WHEREAS, the City Council desires to adopt a tax ordinance in order to impose the tax upon cannabis and hemp businesses, to be known as the “Cannabis Business Tax”; and WHEREAS, proceeds of the Cannabis Business Tax will be used to offset demands on City service and to augment the City’s General Fund; and WHEREAS, the Cannabis Business Tax cannot be imposed without majority voter approval; and
WHEREAS, pursuant to Elections Code Section 10002, the governing body of the City of Pacific Grove requests the Board of Supervisors of Monterey County to permit Monterey County Elections to provide any and all services necessary for conducting an election on November 8, 2022, for purposes of placing a ballot measure before the electorate; and PGCC 7-20-2022
2 WHEREAS, pursuant to Elections Code Section 10002, Monterey County Elections shall supply the elections official with a list of its precincts, or consolidated precincts, as applicable; and
WHEREAS, pursuant to Elections Code Section 10002 the City shall reimburse the county in full for the services performed upon presentation of a bill; and WHEREAS, the City Clerk and County Registrar of Voters are authorized to print forms, publish notices, and provide information as may be necessary or convenient to assure the orderly conduct of the election, and they shall do all other things necessary to facilitate the holding of the election in a manner consistent with law; and WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot.
Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election;
WHEREAS, pursuant to Elections Code Section 10400, such election for cities and special districts may be either completely or partially consolidated; and WHEREAS, except as otherwise recited in this resolution, the election shall be held and conducted as provided by the law for holding elections.
WHEREAS, the City Council desires to submit a Cannabis Business Tax measure to the voters of the City at a General Municipal Election to be held on Tuesday, November 8, 2022, and to be consolidated with the general municipal election and the statewide election to be held on that date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE RESOLVES AS FOLLOWS:
Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.
PGCC 7-20-2022
3 Section 2. Proposal. The City Council hereby proposes that the voters adopt an ordinance (hereafter also referenced as “measure”) establishing a Cannabis Business Tax.
The proposed ordinance submitted to the voters is entitled “An Ordinance of the City of Pacific Grove, California Adding Chapter 7.14 (Cannabis Business Tax) to Title 7 of the Pacific Grove Municipal Code Establishing a Tax on Cannabis and Hemp Business Activities within the City.” The full text of the ordinance is attached to this Resolution as Exhibit “A” and incorporated by reference. The full text of the proposed ordinance is not required to be printed in the Sample Ballot and Voters Pamphlet. However, the full text shall be made available to the public and to any voter at the County Elections Department and the Pacific Grove City Clerk.
Section 3. Election. Pursuant to Article 8 and Elections Code Sections 10400, 10401, and 10403, the City Council of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections also called to be held at the General Election for Tuesday November 8, 2022 (the “Election”) insofar as said elections are to be held in the same territory that is in part the same as the territory of the Board of Supervisors of the County of Monterey and orders and orders, pursuant to Section 9222 of the Elections Code, that the Cannabis Business Tax Ordinance be submitted to the voters at that election.
Section 4. Ballot Question. The question submitted by Section 4 of this Resolution shall appear on the ballot as follows:
To fund general municipal expenses such as police, fire, roads and recreation, and for unrestricted general fund purposes, shall an ordinance be adopted establishing a City excise tax on cannabis businesses (which includes hemp) at an annual rate not to exceed 6% of gross receipts for retail and delivery cannabis businesses, which is expected to generate an estimated $300,000 annually and will be levied until repealed by the voters?
YES
NO
Section 5. Publication of Measure. The City Clerk is directed to publish a synopsis of the measure at least one time not later than one week before the election in accordance with Section 12111 of the Elections Code.
Section 6. Approval. Under Article XIII C of the Constitution, the vote requirement for this measure to pass shall be a majority of those casting ballots on the measure (50% plus 1).
Section 7. Consolidation. Pursuant to Section 10400 et seq. of the Elections Code, the governing body of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections to be held, and the Board of Supervisors of Monterey County and requests to consolidate the Election with the General Municipal Election and Statewide Election to be held on November 8, 2022. The City Clerk and the County Registrar of Voters are authorized to print such forms, publish such notices, and provide such information as may be necessary or convenient to assure the orderly holding of the election, PGCC 7-20-2022
4 and they shall do all other things necessary to facilitate the holding of the election in a manner harmonious and consistent with law.
Section 8. California Environmental Quality Act. The City Council hereby finds and determines that this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re. Sections 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.
As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Pacific Grove would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.
Section 9. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.
Section 10. Conduct of Election. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Elections Department to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.
Section 11. Filing with County. The City Clerk shall file a certified copy of this Resolution with the County Elections Department.
Section 12. Analysis and Argument. Pursuant to Elections Code Section 9280, the City Attorney shall prepare an impartial analysis of the measure that shall exceed 500 word no later than 12:00 p.m. on August 18, 2022. Any person or persons may file an argument either for or against the ballot measure. An argument for or against the measure shall not exceed 300 words in length. If more than one argument is submitted for the measure, or more than one argument against the measure, the City Clerk shall select the argument to be included with the ballot materials. The last day to submit arguments for or against the proposed measure shall be August 18, 2022. Submittals are to be delivered to the City Clerk no later than 12:00 p.m. Rebuttal arguments shall be permitted pursuant to applicable law.
The last day to submit rebuttal arguments to the City Clerk shall be August 25, 2022.
Submittals are to be delivered to the City Clerk no later than 12:00 p.m.
Section 13. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this resolution and the election.
The City Manager is authorized to execute all documents and to perform all other necessary acts to enter into a service agreement for the provision of election services with Monterey PGCC 7-20-2022
5 County Registrar of Voters. The City Clerk and City Attorney are authorized to make any typographical, clerical, and non-substantive corrections to this resolution as may be deemed necessary by the Monterey Elections Department.
Section 14. Declaration. The City Council shall meet to declare the results of the election called for by this Resolution at their regular meeting following certification of election results.
Section 15. Effective Date. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED by the Council of the City of Pacific Grove on this 20 TH day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
_______________________
BILL PEAKE, Mayor
ATTEST:
DATED:
__________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
____________________________________
, City Attorney
PGCC 7-20-2022
6 EXHIBIT A
PGCC 7-20-2022
Cannabis Tax Ordinance
EXHIBIT A
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF PACIFIC GROVE,
CALIFORNIA ADDING CHAPTER 7 (CANNABIS
BUSINESS TAX) TO TITLE 7, OF THE PACIFIC GROVE
MUNICIPAL CODE ESTABLISHING A TAX ON
CANNABIS BUSINESS ACTIVITIES WITHIN THE CITY
THE PEOPLE OF THE CITY OF PACIFIC GROVE DO ORDAIN AS FOLLOWS:
SECTION 1. CODE AMENDMENT. Chapter 7.14 is added to Title 7, of the Pacific Grove City Municipal Code to read as follows:
CHAPTER 7.14
CANNABIS BUSINESS TAX
7.14.010 Title.
7.14.020 Authority and purpose.
7.14.030 Intent.
7.14.040 Definitions.
7.14.050 Tax imposed.
7.14.060 Registration, reporting, and remittance of tax.
7.14.070 Payments and communications –timely remittance.
7.14.080 Payment – when taxes deemed delinquent.
7.14.090 Notice not required by City.
7.14.100 Penalties and interest.
7.14.110 Refunds and credits.
7.14.120 Refunds and procedures.
7.14.130 Personal cultivation not taxed.
7.14.140 Administration of the tax.
7.14.150 Appeal procedure.
7.14.160 Enforcement –action to collect.
7.14.170 Apportionment.
7.14.180 Constitutionality and legality.
7.14.190 Audit and examination of premises and records.
7.14.200 Other licenses, permits, taxes or charges.
7.14.210 Payment of tax does not authorize unlawful business.
7.14.220 Deficiency determinations.
7.14.230 Failure to report – nonpayment, fraud.
7.14.240 Tax assessment –notice requirements.
7.14.250 Tax assessment – hearing, application, and determination.
7.14.260 Relief from taxes-disaster relief.
7.14.270 Conviction for violation – taxes not waived.
7.14.280 Violation deemed misdemeanor.
7.14.290 Severability.
7.14.300 Remedies cumulative.
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Cannabis Tax Ordinance
7.14.310 Amendment or modification.
7.14.010 Title.
This ordinance shall be known as the Cannabis Business Tax Ordinance. This ordinance shall be applicable in the City of Pacific Grove, California which shall be referred to herein as “City.”
7.14.020 Authority and Purpose.
The purpose of this Ordinance is to adopt a tax, for revenue purposes, pursuant to Sections 7284, and 7284.4 of the Revenue and Taxation Code, upon cannabis businesses that engage in business in the City. The Cannabis Business Tax is levied based upon business gross receipts. It is not a sales and use tax, a tax upon income, or a tax upon real property and shall not be calculated or assessed as such. The Cannabis Business Tax shall not be separately identified or otherwise specifically assessed or charged to any member, customer, patient, or caretaker. The Cannabis Business Tax is a general tax enacted solely for general, governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the City's general fund and be available for any lawful City purpose.
7.14.030 Intent.
The intent of this Ordinance is to levy a tax on all cannabis retail businesses that operate in the City, regardless of whether such business would have been legal at the time this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken.
7.14.040 Definitions.
The following words and phrases shall have the meanings set forth below when used in this chapter:
A. An "arm's length transaction" is a sale entered into in good faith and for valuable consideration at a sales price that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction.
B. “Business” shall include all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer.
C. “Calendar year” means January 1 through December 31, of the same year.
D. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or PGCC 7-20-2022
Cannabis Tax Ordinance
purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” shall not include “industrial hemp,” unless otherwise specified.
E. “Cannabis product” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. “Cannabis product” also means cannabis products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medicinal cannabis products.
F. “Cannabis business” means any business activity involving cannabis or industrial hemp, including but not limited to cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing, and wholesaling of cannabis, cannabis products, industrial hemp, industrial hemp products or of ancillary products and accessories, whether or not carried on for gain or profit.
G. “Cannabis business tax” means the tax due pursuant to this chapter for engaging in a cannabis business in the City.
H. “Commercial cannabis permit” means a permit, license, certificate, or other approval issued by the City to a person to authorize that person to operate a cannabis business or engage in business as a cannabis business within the City.
I. “Employee” means each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner's family, partner, associate, agent, manager, or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation.
J. “Engaged in business as a cannabis business” means the commencing, conducting, operating, managing, or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise. A person shall be deemed engaged in business within the City if:
1. Such person or person’s employee maintains a fixed place of business within the City for the benefit or partial benefit of such person;
2. Such person or person’s employee owns or leases real property within the City for business purposes;
3. Such person or person’s employee maintains a stock of tangible personal property in the City for sale in the ordinary course of business;
4. Such person or person’s employee conducts solicitation of business within the City; or
5. Such person or person’s employee performs work or renders services in the City.
PGCC 7-20-2022
Cannabis Tax Ordinance
The foregoing specified activities shall not be a limitation on the meaning of “engaged in business.”
K. “Evidence of doing business” means evidence such as, without limitation, use of signs, circulars, cards, or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the City.
L. “Fiscal year” means July 1, through June 30, which is the period used by the City for financial reporting and budgeting.
M. “Gross Receipts,” except as otherwise specifically provided, means, whether designated as a sales price, royalty, rent, membership fee, ATM service fee, delivery fee, slotting fee, any other fee, vaping room service charge, commission, dividend, or other designation, the total amount (including all receipts, cash, credits, services and property of any kind or nature) received or payable for sales of goods, wares or merchandise, or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. In the event the business is involved in a “non-arms” length transaction the gross receipts will be subject to the fair market value using a methodology approved by the Tax Administrator. However, the following shall be excluded from Gross Receipts:
1. Cash discounts were allowed and taken on sales;
2. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
3. Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts;
4. Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer's business;
5. Cash value of sales, trades or transactions between departments or units of the same business located in the City of Pacific Grove and if authorized by the Tax Administrator in writing in accordance with Section 7.14.140 (B);
6. Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected, they shall be included in the amount of gross receipts for the period when they are recovered; PGCC 7-20-2022
Cannabis Tax Ordinance
7. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded;
8. Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the Tax Administrator with the names and the addresses of the others, and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustees;
9. Retail sales of non-cannabis products, such as t-shirts, sweaters, hats, stickers, key chains, bags, books, posters, rolling papers, cannabis accessories such as pipes, pipe screens, vape pen batteries (without cannabis or industrial hemp) or other personal tangible property which the Tax Administrator has excluded in writing by issuing an administrative ruling per Section 7.14.140 shall not be subject to the cannabis business tax under this chapter. However, such transaction may be subject to Chapter 7.04 and Section 7.04.040.
10. Payments made by the tax-reporting cannabis business (Seller) to a cannabis business (Buyer) for the difference in the original acquisition price and subsequent renegotiated or finalized selling price of products or services sold to a specific end customer. This type of transaction is referred to as a “Billback”. The tax-reporting cannabis business must provide supporting documentation to substantiate the transaction in order to be eligible for an exemption.
11. Any business which sells industrial hemp and/or hemp products or offers services or activities related to industrial hemp or hemp products and /or which is not required to obtain a cannabis or industrial hemp permit or license from the City or the State for the purpose of cultivating, growing, drying, curing, manufacturing, processing, packaging, transporting, distributing, testing or selling of industrial hemp either wholesale or retail shall be exempt from the cannabis tax provided that such business does not generate more than 50% of their total gross receipts in the reporting period from the business from industrial hemp activities. However, the exemption may be amended by the City Council by resolution or ordinance pursuant to Section 7.14.050 (B) to increase or decrease the percentage of the business’s hemp and/or hemp products gross receipts reporting from zero to one hundred percent. To the extent the gross receipts from the hemp activities do not meet the relevant percentage to be included, this exclusion shall reduce the gross receipts to zero for the sole purpose of calculating the cannabis tax.
N. “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. However, should the federal or state legislative body increase or decrease the percentage of tetrahydrocannabinol (THC) then this new limit shall be applicable to the tax unless modified by resolution or ordinance of the City Council pursuant to Section 7.14.310.
O. “Industrial hemp products” means any raw hemp that has undergone a process PGCC 7-20-2022
Cannabis Tax Ordinance
whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. “Hemp product” also means hemp products as defined by Section 11018.5 of the California Health and Safety Code.
P. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, intended to be sold or sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, for a medicinal cannabis patient in California who possesses a physician’s recommendation, or a cannabis card issued pursuant to Health and Safety Code Section 11362.71.
Q. A "non-arm's length transaction" is a transaction that does not meet the definition of an "arm's length transaction." In other words, the transaction is not a sale entered into in good faith and that reflects fair market value in the open market. One example of a non-arm's length transaction would be when a cultivator sells cannabis goods to a cannabis distributor at a sales price that is lower than what the same cultivator would to other cannabis distributors, or which does not reflect the fair market value in the open market.
R. “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, whether organized as a nonprofit or for-profit entity, and includes the plural as well as the singular number.
S. “Retailer” means a person as defined in Section 7.14.040 (R) who sells cannabis, cannabis products, hemp and/or hemp products at their place of business or by delivery to an end user or customer for use or consumption rather than to another person or business for resale.
T. “Sale” “Sell” and “to sell” means and includes any sale, exchange, or barter either as a retailer or wholesaler by a person as defined by Section 7.14.040 (R) . It shall also mean any transaction whereby, for any consideration, title to cannabis, cannabis products, industrial hemp and/or industrial hemp products are transferred from one person to another and includes the delivery of cannabis, cannabis products, industrial hemp and/or industrial hemp products pursuant to an order placed for the purchase of the same, but does not include the return of cannabis, cannabis products, industrial hemp and/or industrial hemp products to the licensee from whom the cannabis, cannabis product, industrial hemp and/or industrial hemp product was purchased.
U. “State” means the State of California.
V. “State license,” “license,” or “registration” means a state license issued pursuant to California Business & Professions Code Section 26050, and all other applicable state laws, required for operating a cannabis business.
W. “Tax Administrator” means the City Manager of the City of Pacific Grove or his/her designee(s).
7.14.050 Tax Imposed.
A. Beginning January 1, 2023, there is imposed upon each person who is engaged in PGCC 7-20-2022
Cannabis Tax Ordinance
business as a cannabis business a cannabis business tax. Such tax is payable regardless of whether the person has been issued a commercial cannabis business license, permit, or certificate to operate lawfully in the City or is operating unlawfully. The City’s acceptance of a cannabis business tax payment from a cannabis business operating illegally shall not constitute the City’s approval or consent to such illegal operations.
B. The City Council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax, including the initial rate of the cannabis business tax. The City Council may, by resolution or ordinance, increase or decrease the rate of the cannabis business tax on hemp or hemp products, including the initial rate of the tax on hemp or hemp products independent of other cannabis activities.
Notwithstanding the foregoing, in no event shall the City Council repeal this tax or set any adjusted rate that exceeds the maximum rates calculated pursuant to this chapter.
C. The maximum rate of the cannabis business tax shall be calculated as follows:
1. For every person engaged in retail sales of cannabis, cannabis products, industrial hemp, and/or industrial hemp products, including as a retailer (dispensary) or non-storefront retailer (retail delivery business), or microbusiness, the person shall be subject to the maximum tax rate not to exceed six percent (6%) of gross receipts.
D. Persons subject to the cannabis business tax shall register with the City and if applicable pay the registration fee adopted by resolution or ordinance by the City Council.
7.14.060 Registration, reporting and remittance of tax.
A. Registration of Cannabis Business. All cannabis businesses shall be required to annually register as follows:
1. All persons engaging in business as a cannabis business, whether an existing, newly established or acquired business shall register with the Tax Administrator within thirty (30) calendar days of commencing operation and shall annually renew such registration within 30 calendar days of the business registration anniversary date of each year thereafter. In registering, such persons shall furnish to the Tax Administrator a sworn statement, upon a form prescribed by the Tax Administrator, setting forth the following information:
i. The name of the business
ii. The names and addresses of each owner
iii. The exact nature or kind of business;
iv. The place where such business is to be carried on; and PGCC 7-20-2022
Cannabis Tax Ordinance
v. Any additional information which the Tax Administrator may require.
B. An annual registration fee in accordance with the current and approved City fee schedule shall be presented with the sworn statement submitted under this chapter and may be adjusted annually by resolution or ordinance of the City Council.
C. The cannabis business tax imposed by this chapter shall be paid, in arrears, on a monthly basis. Each person owing a cannabis business tax shall on or before the last day of the month following the close of each month file with the Tax Administrator a statement (“tax statement”) of the tax owed for that calendar month and the basis for calculating that tax. The Tax Administrator may require that the tax statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar month shall be due and payable on the same date that the tax statement is due.
D. Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar months up through the calendar month during which cessation occurred.
E. In the event that there is a change in ownership of any cannabis business:
a. The new owner is required to submit an updated registration form to the Tax Administrator;
b. The new owner is subject to an audit by the Tax Administrator; and c. Unless otherwise provided by law, it is the joint and several liability of both the seller and buyer to remit any taxes, interest, penalties, and fees due up until the date of sale; otherwise, enforcement action may be taken pursuant to Section
7.14.160 of this chapter against both the seller and/or buyer in an amount to be determined by the Tax Administrator.
F. The Tax Administrator may, at his or her discretion, establish alternative reporting and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure effective collection of the cannabis business tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar month, be made by a taxpayer at the beginning of that calendar month. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar month. The Tax Administrator may require that a taxpayer make payments via a cashier’s check, money order, wire transfer, or similar instrument.
7.14.070 Payments and communications – timely remittance.
Whenever any payment, statement, report, request, or other communication is due, it must be received by the Tax Administrator on or before the due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday observed by the City, the due date shall be the next regular business day on which the City is open to the public.
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7.14.080 Payment - when taxes deemed delinquent.
Unless otherwise specifically provided under other provisions of this chapter, the taxes required to be paid pursuant to this chapter shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in Sections 7.14.060 and 7.14.070.
7.14.090 Notice not required by the City.
The City may as a courtesy send a tax notice to the cannabis business which owes the City a cannabis business tax. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter.
7.14.100 Penalties and interest.
A. Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows:
1. A penalty equal to ten percent (10%) of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of one percent (1%) per month.
2. If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to twenty-five percent (25%) of the amount of the tax, plus interest at the rate of one percent (1%) per month on the unpaid tax and on the unpaid penalties.
3. Interest shall be applied at the rate of one percent (1%) per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full.
B. Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties, and interest as provided for in this chapter, and any other amount allowed under state law.
C. The Tax Administrator may waive the penalties imposed upon any person under this Section 7.14.100 if:
1. The person requests a waiver of penalties by submitting a written request for waiver to the Tax Administrator no later than June 30 of the second fiscal year following the fiscal year in which the tax became delinquent; and
2. The person provides evidence satisfactory to the Tax Administrator that the failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and in the absence of willful PGCC 7-20-2022
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neglect; and the person paid the delinquent taxes, penalties, accrued interest, and fees owed prior to applying to the Tax Administrator for a waiver.
D. The waiver provisions specified in Section 7.14.100 (C) shall not apply to interest accrued on the delinquent taxes and a waiver shall be granted only once during any twenty-four month period. The Tax Administrator’s decision on a request for a waiver of penalties is final and conclusive and not subject to appeal under Section 7.14.150.
7.14.110 Refunds and credits.
A. No refund shall be made of any tax collected pursuant to this chapter, except as provided in Section 7.14.120.
B. No refund of any tax collected pursuant to this chapter shall be made because of the discontinuation, dissolution, or other termination of a business.
7.14.120 Refunds and procedures.
A. Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund signed under the penalty of perjury is filed with the Tax Administrator within one (1) year of the date the tax was originally due or paid, whichever came first. A person may only file a claim for refund if the person paid the tax. No person shall be entitled to a refund unless the person can support the claim by written records sufficient to show entitlement thereto. The Tax Administrator's decision on a claim for refund is final and conclusive and not subject to appeal under Section 7.14.150.
B. The Tax Administrator, his or her designee which may include a third party, or any other City officer charged with the administration of this chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after requested by the Tax Administrator to do so. The Tax Administrator may collect a fee adopted by resolution by the City Council to pay for the cost of examination and audit should the books and records be provided in a form insufficient to allow the Tax Administrator to make a determination on the claim for refund.
C. In the event that the cannabis business tax was erroneously paid in an amount in excess of the tax due, and the error is attributable to the City, the City shall refund the amount of tax erroneously paid; provided that (i) a claim for refund has been timely filed with the Tax Administrator; and (ii) the refund cannot exceed, under any circumstance, the amount of tax overpaid during the twelve months preceding the last month for which the claim states the tax was overpaid.
7.14.130 Personal Cultivation Not Taxed.
The provisions of this chapter shall not apply to personal cannabis cultivation or personal use of cannabis, to the extent those activities are authorized in the “Medicinal and Adult Use PGCC 7-20-2022
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Cannabis Regulation and Safety Act,” as may be amended. This chapter shall not apply to personal use of cannabis that is specifically exempted from state licensing requirements, that meets the definition of personal use or equivalent terminology under state law, and provided that the individual receives no compensation whatsoever related to that personal cultivation or use.
7.14.140 Administration of the tax.
A. It shall be the duty of the Tax Administrator to collect the taxes, interest, penalties, fees, and perform the duties required by this chapter.
B. For purposes of administration and enforcement of this chapter generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.
C. The Tax Administrator may take such administrative actions as needed to administer the cannabis business tax, including but not limited to:
1. Provide to all cannabis business taxpayers forms for the reporting of the tax;
2. Provide information to any taxpayer concerning the provisions of this chapter;
3. Receive and record all taxes remitted to the City as provided in this chapter;
4. Maintain records of taxpayer reports and taxes collected pursuant to this chapter;
5. Assess penalties and interest to taxpayers pursuant to this chapter;
6. Determine amounts owed under and enforce collection pursuant to this chapter.
7.14.150 Appeal procedure.
A taxpayer aggrieved by a decision of the Tax Administrator with respect to the amount of tax, interest, penalties, and fees, if any, due under this chapter may appeal only if a hearing was requested and attended pursuant to Section 7.14.250. An appeal may be made by filing a notice of appeal with the City Clerk within fifteen (15) calendar days of the serving or mailing of the Tax Administrator’s decision of the amount due. Upon receipt of a timely notice of appeal, the City Clerk, or his or her designee, shall fix a time and place for hearing such appeal with an Administrative Hearing Officer selected pursuant to PGMC Chapter 1.19.110. The appeal shall be deemed a request for hearing on an administrative citation. An appeal fee shall be paid in advance as determined by the Master Fee Schedule. The City Clerk, or his or her designee, shall give at least ten (10) calendar days’ notice of the appeal hearing in writing to such taxpayer at the last known place of address. The Administrative Hearing Officer shall render a written decision that shall be served on the taxpayer at the last known place of address. The decision of the Administrative Hearing Officer shall be final and conclusive. Any amount found to be due by the Administrative Hearing Officer shall be immediately due and payable upon the service of the decision. If no notice of appeal is filed within the time prescribed in this Section, the Tax PGCC 7-20-2022
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Administrator’s decision with respect to the amount of tax, interest, penalties, and fees due is final and conclusive.
7.14.160 Enforcement - action to collect.
A. Any taxes, interest, penalties, and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the City. Any person owing money to the City under the provisions of this chapter shall be liable in an action brought in the name of the City for the recovery of such debt. The provisions of this chapter shall not be deemed a limitation upon the right of the City to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, interest, penalties, and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter.
7.14.170 Apportionment.
If a person subject to the tax is operating both within the City and outside the City, it is the intent of the City to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary.
7.14.180 Constitutionality and legality. This tax is intended to be applied in a manner consistent with the United States and California Constitutions and state law. None of the tax provided for by this chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State of California or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax.
7.14.190 Audit and examination of premises and records.
A. For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator or his/her designees which may include a third party shall have the power to inspect any location where commercial cannabis activity occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, access to METRC data, and/or point-of-sale data, state and/or federal income tax returns, excise tax returns, and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the Tax Administrator, or his/her designees which may include a third party shall have the power to inspect any equipment or software, such as computers, software systems, platforms, and databases (including METRC), and/or point of sale systems, to include any keys or access codes for access to and use of the equipment and/or software, that may contain such records.
B. It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of at least three (3) years, all PGCC 7-20-2022
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records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator or his/her designee which may include a third party shall have the right to inspect at all reasonable times.
7.14.200 Other licenses, permits, taxes, fees, or charges.
A. Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any commercial cannabis permit, City license, permit, or other certificate required by, under or by virtue of any provision of any other Chapter of this code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required under any other Chapter of this code or any other ordinance or resolution of the City. Any references made or contained in any other Chapter of this code to any licenses, permits, certificates, taxes, fees, or charges, or to any schedule of license, permit, certificate, or fees, shall be deemed to refer to the licenses, permits or certificates, and their respective taxes, fees or charges, or schedule of fees, provided for in other Chapters of this code.
B. A commercial cannabis permit issued under the Pacific Grove Municipal Code may be revoked, suspended or not renewed in the event that the business holding that permit has failed to (i) make a deposit required by the Tax Administrator pursuant to Section 7.14.60 or (ii) timely pay all taxes, interest and penalties owed by that business under this chapter.
7.14.210 Payment of tax does not authorize unlawful business.
A. The payment of a cannabis business tax required by this chapter, and its acceptance by the City, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this code and all other applicable state laws.
B. No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or state law.
7.14.220 Deficiency determinations.
If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three (3) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a cannabis business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such cannabis business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under Sections 7.14.240 and 7.14.250.
7.14.230 Failure to report—nonpayment, fraud.
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A. Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this chapter at any time:
1. If the person has not filed a complete statement required under the provisions of this chapter;
2. If the person has not paid the tax due under the provisions of this chapter;
3. If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this chapter; or
4. If the Tax Administrator determines that the nonpayment of any cannabis business tax due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to penalties and interest otherwise payable under this chapter and any other penalties allowed by law.
B. The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable provision of this chapter and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.
The notice shall state that the person has thirty (30) calendar days from the date of the notice to make a written request for an informal hearing before the Tax Administrator. The notice shall also state that if the person fails to timely request an informal hearing within the time allowed, the amount determined by the Tax Administrator is final and conclusive and is immediately due and payable.
7.14.240 Tax assessment - notice requirements.
The notice of assessment shall be served upon the person either by personal delivery, by overnight delivery by a nationally-recognized courier service, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this chapter; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address.
For the purpose of Section 7.14.240, a service by overnight delivery shall be deemed to have occurred one (1) calendar day following deposit with a courier and service by mail shall be deemed to have occurred three (3) days following deposit in the United States mail.
7.14.250 Tax assessment - hearing, application, and determination.
Within thirty (30) calendar days after the date of service of the notice of assessment the person may apply in writing to the Tax Administrator for an informal hearing on the assessment.
If application for an informal hearing is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within thirty (30) calendar days of the receipt of any such application for an informal hearing, the Tax Administrator shall PGCC 7-20-2022
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cause the matter to be set for an informal hearing before him or her, or his/her designee, no later than thirty (30) calendar days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the informal hearing. Notice of such informal hearing shall be given by the Tax Administrator to the person requesting such informal hearing no later than five (5) calendar days prior to such informal hearing. A hearing under this section shall be informal and need not follow any formal rules of evidence. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess (if necessary) the proper amount of tax, interest, penalties, and fees to be charged and shall give written notice of the decision to the person in the manner prescribed in Section 7.14.240 for giving notice of assessment. No appeal of a notice of assessment may be made under Section
7.14.150 unless an informal hearing is timely requested, and the person attends the hearing. If the person fails to appear at the informal hearing, the amount due determined by the Tax Administrator in the notice of assessment is final and conclusive.
7.14.260 Relief from taxes – disaster relief.
A. If a person is unable to comply with any tax requirement imposed under this chapter due to a disaster impacting its cannabis business, the person may notify the Tax Administrator of its inability to comply and request relief from the tax requirement. For purposes of this chapter, “disaster” means fire, flood, storm, tidal wave, earthquake, or similar public calamity resulting in physical damage to real property, whether or not resulting from natural causes.
B. The person shall provide any information required by the Tax Administrator including, without limitation, why relief is requested, the time period for which the relief is requested, and the reason relief is needed for the specific amount of time. The person agrees to grant the Tax Administrator or his/her designee access to the location where the cannabis business has been impacted due to a disaster.
C. The Tax Administrator, in his/her sole discretion, may provide relief from the cannabis business tax requirement for businesses whose operations have been impacted by a disaster if such tax relief does not exceed ten thousand ($10,000) dollars. Such temporary relief may be granted for a reasonable amount of time, in the Tax Administrator’s sole discretion, and the amount and duration of relief should be based upon how long it would reasonably take for the cannabis business to recover from the disaster. The Tax Administrator may require that the cannabis business follow certain conditions to receive temporary relief from the cannabis business tax requirement. The Tax Administrator's decision on a request for relief and the conditions that may be imposed for relief under this section are final and conclusive and not subject to appeal under Section 7.14.150.
7.14.270 Conviction for violation - taxes not waived.
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The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this chapter or of any state law requiring the payment of all taxes.
7.14.280 Violation deemed misdemeanor.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
Any violation of the provisions of this chapter is unlawful and may be enforced pursuant to Chapter
1.16 PGMC.
7.14.290 Severability.
If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
7.14.300 Remedies cumulative.
All remedies and penalties prescribed by this chapter, or which are available under any other provision of this code and any other provision of law or equity are cumulative. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
7.14.310 Amendment or modification.
Except as set forth in Section 7.14.310, this chapter may be amended or modified but not repealed by the City Council without a vote of the people. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would expand, extend, or increase the rate of any tax levied pursuant to this chapter beyond the maximums set forth in this chapter. The people of the City of Pacific Grove affirm that the following actions shall not constitute an increase of the rate of a tax:
A. The restoration or adjustment of the rate of the tax to a rate that is no higher than that allowed by this chapter, in those circumstances where, among others, the City Council has previously acted to reduce the rate of the tax or is incrementally implementing an increase authorized by this chapter;
B. An action that interprets or clarifies (i) the methodology of applying or calculating the tax or (ii) any definition applicable to the tax, so long as the interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the provisions of this chapter; or
C. The collection of the tax imposed by this chapter even if the City had, for some period of time, failed to collect the tax.
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SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The people of the City of Pacific Grove hereby declare that they would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 3. ENVIRONMENTAL COMPLIANCE. The City Council hereby finds and determines that this resolution or ordinance is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code Re.
Sections 15000 et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for any governmental purpose; it is not a commitment to any particular action or actions.
As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue generated by the tax were used for a purpose that would have such an effect, the City of Pacific Grove would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guideline Section 15060 CEQA analysis is not required.
SECTION 4. EFFECTIVE DATE. Pursuant to the California Constitution, Article XIIIC(2)(b) and California Elections Code § 9217, if a majority of the voters voting in the election on this measure vote in favor of the adoption of this measure, this ordinance shall be deemed valid and binding and shall be considered adopted upon the date that the vote is declared by the City Council and shall go into effect ten (10) days after that date.
This Ordinance was approved and adopted by the People of the City of Pacific Grove at the City’s November 8, 2022 statewide election.
This Ordinance was approved by Declaration of the vote by the City Council of Pacific Grove on ______________.
____________________________________
BILL PEAKE, Mayor
ATTEST:
DATED:_____________________
____________________________
SANDRA KANDELL, City
Clerk
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APPROVED AS TO FORM:
____________________________
______________, City Attorney
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City Council
City of Pacific Grove
July 20, 2022 Luke Coletti – [email protected] 1 Cost of Pacific Grove Elections
(2012-2022)
Election Date: 11/6/2012 11/4/2014 4/19/2016 11/8/2016 11/6/2018 11/3/2020 4/12/2022 Election Type: Presidential General Special Presidential General Presidential Special Registered Voters: 9,547 9,213 9,338 10,165 10,025 10,694 10,450 Ballots Cast: 8,049 5,700 5,134 8,463 7,960 9,677 4,051 Turnout: 84.31% 61.87% 54.98% 83.26% 79.40% 90.49% 38.77% Council Candidates: 9 6 0 6 7 6 0
Mayoral Candidates: 2 2 0 2 3 1 0
Local Measures: 1 0 1 1 2 1 1
Election Cost $46,469 $17,055 $79,327 $38,503 $53,583 $60,671 $124,484 Cost Per Registered Voter: $4.87 $1.85 $8.50 $3.79 $5.34 $5.67 $11.91 PGCC 7-20-2022
Agenda No. 12 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: July 20, 2022
SUBJECT: Pacific Grove City Charter Amendment to Change the Number of City Council Members from Six to Four This item was continued from the July 6, 2022 meeting. Action is requested to be taken no later than the Council's July 20, 2022 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Adopt a resolution submitting a ballot measure to amend the Pacific Grove City Charter to change the Number of City Council Members from six to four by directing:
In 2024 two City Council Members shall be elected to four-year terms, and one City Council Member shall be elected to a single two-year term, and
1. Every two years thereafter, beginning in 2026, two City Council Members shall be elected to four-year terms, and
2. 3. Enact consistent Charter changes to clarify a quorum, majority vote and other select actions; and Ordering an election, requesting the Monterey County Elections Department conduct the election and consolidate it with the Statewide Election to be held on November 8, 2022.
4. DISCUSSION
The matter was approved at the Council's July 6, 2022 meeting. However, additional corrections and revisions were made since the Council's approval. The matter returns tonight with explanation and approval.
At the May 18, 2022 City Council meeting, City staff was directed to return with all necessary documents for City Council consideration for placing a City Charter amendment on the November 8, 2022 General Election ballot to transition from six (6) to four (4) City Council Members. Accordingly, the requisite resolution which if adopted would result in a November 8, 2022 ballot measure is attached for City Council review and consideration. As discussed at the May 18, 2022 City Council meeting (details of the discussion may be accessed via the hyperlink above), and as detailed within the attached resolution, the proposed City Charter amendment for a transition from six (6) to four (4) City Council Members would take place over two election cycles. The office of Mayor would not be subject to the proposed City Charter revision, and would remain a two-year term. Additional details regarding proposed ballot measure(s) costs, along with a corresponding Fiscal Year 22-23 budget amendment, will be forthcoming following anticipated adoption of the resolution and consultation with the PGCC 7-20-2022
Monterey County Elections Department.
NEXT STEP:
At the July 6, 2022 Regular City Council Meeting, the City Clerk's Office will prepare for City Council consideration all resolutions necessary to effectuate the purposes of this resolution and the election.
OPTIONS
1. Take no action.
2. Provide alternate direction.
FINANCIAL IMPACT:
Should the City Council adopt the resolution, City staff will contact the Monterey County Elections Department for an estimate to place proposed ballot measure(s) on the November, 2022 election. The estimate to add the measure(s) will be brought back for City Council consideration and a corresponding budget amendment within the Fiscal Year 22-23 budget. An estimate for the cost of the addition of this proposed measure is not available at this time.
GOAL ALIGNMENT: Not Applicable.
Attachments
Reso
Att 1 to Reso
Cost Slide
PGCC 7-20-2022
1 RESOLUTION NO. 22-0XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC
GROVE SUBMITTING A BALLOT MEASURE TO VOTERS TO AMEND
THE PACIFIC GROVE CITY CHARTER TO CHANGE THE NUMBER OF
ELECTED CITY COUNCIL MEMBERS FROM SIX TO FOUR BY
DIRECTING (1) IN 2024 TWO COUNCIL MEMBERS SHALL BE ELECTED
TO FOUR-YEAR TERMS, AND ONE COUNCIL MEMBER SHALL BE
ELECTED TO A SINGLE TWO-YEAR TERM, AND (2) EVERY TWO
YEARS THEREAFTER BEGINNING IN 2026 TWO COUNCIL MEMBERS
SHALL BE ELECTED TO FOUR-YEAR TERMS; CONSISTENT CHARTER
CHANGES SHALL CLARIFY A QUORUM, MAJORITY VOTE AND
OTHER SELECT ACTIONS; ORDERING AN ELECTION, REQUESTING
MONTEREY COUNTY ELECTIONS DEPARTMENT CONDUCT THE
ELECTION AND CONSOLIDATE IT WITH THE STATEWIDE ELECTION TO BE HELD ON NOVEMBER 8, 2022.
WHEREAS, the Pacific Grove City Charter, since 1927, has required the staggered election of six Council members, in addition to the Mayor, whereby each Council Member is elected to serve a four-year term. This election system was largely based on the “Model City Charter” published in 1926 by the League of California Municipalities, with one notable exception being the "Model City Charter" recommended a five-member council.
WHEREAS, California city councils vary greatly in size from four to 15 members. A clear majority of cities (almost 90%) throughout California call for election of a five-member council. This is the council membership for all cities in Monterey County, excepting Pacific Grove and Salinas. Less than 7% of California cities rely on a seven-member council.
WHEREAS, the proposed Charter Amendment would reduce the size of the City Council from seven to five members, that is, four Council members and a Mayor; WHEREAS, reducing the number of elected council members from six to four will reduce redundancy, conserve City resources and facilitate decision-making. Some commentators have stated council larger than five increases the opportunity for members to divide into factions.
WHEREAS, any City Charter amendment must be approved by the voters of that City; WHEREAS, a change to the City election system requires a vote of the electorate and may only be effected prospectively insofar as elected officials, by law, hold office for the entire term of their elected service.
WHEREAS, the change to the City election system proposes to stage this election sequence whereby one council member shall serve a single two-year term to provide a bridge between the six-member group of elected councilmembers to the four-member group of elected councilmembers.
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2 WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city or district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election. The city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district.
WHEREAS, pursuant to Elections Code Section 10002, Monterey County Elections shall supply the elections official with a list of its precincts, or consolidated precincts, as applicable.
WHEREAS, the City Clerk and County Registrar of Voters are authorized to print forms, publish notices, and provide information as may be necessary or convenient to assure the orderly conduct of the election, and they shall do all other things necessary to facilitate the holding of the election in a manner consistent with law; and
WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections.
WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election.
WHEREAS, the City Council finds and determines this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. (“CEQA”) and 14 Cal. Code of Regulations, Sections 15000, et seq. (“CEQA Guidelines”). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378.
WHEREAS, the City Council desires to submit the proposed Charter Amendment to the voters of the City at a General Municipal Election to be held on Tuesday, November 8, 2022, and to be consolidated with the general municipal election and the statewide election to be held on that date.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:
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3 Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.
Section 2. Election. Pursuant to Section 3 of Article XI of the California Constitution, Article 8 of the City Charter, and Elections Code Sections 9255(b)(1), 10400, 10401 and 10403, the City Council of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections also called to be held at the General Election for Tuesday November 8, 2022 (the “Election”), insofar as said elections are to be held in the same territory or in territory that is in part the same as the territory of the Board of Supervisors of the County of Monterey and orders the following proposed Charter Amendment be submitted to the voters at that election.
Measure “___” Charter Amendment – Reducing Number of Councilmembers.
Shall the Pacific Grove City Charter requirement for six elected City Councilmembers be changed to four elected Councilmembers via this sequence: (1) in 2024 two Councilmembers shall be elected to fouryear terms, and one shall be elected to a single two-year term, (2) every two years thereafter, beginning in 2026, two
Councilmembers shall be elected to four-year terms, with other revisions for votes needed for a quorum, a majority vote and other select actions?
YES
NO
Section 4. Proposed Charter Amendment. The text of the proposed Charter Amendment to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated by reference. The full text of the proposed Charter Amendment shall be printed in the Sample Ballot and Voters Pamphlet and shall be made available to the public and to any voter at the County Elections Department and the Pacific Grove City Clerk.
Section 5. Publication of Measure. The City Clerk is directed to publish a synopsis of the measure at least one time not later than one week before the election.
Section 6. Approval. The vote requirement for this measure to pass shall be a majority of those casting ballots on the measure (50% plus 1).
Section 7. Consolidation. Pursuant Section 10400 et seq. of the Elections Code, the governing body of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections also called to be held and Board of Supervisors of Monterey County is requested to consolidate the Election with the General Municipal Election and Statewide Election to be held on November 8, 2022. The City Clerk and the County Registrar of Voters are authorized to print such forms, publish such notices, and provide such information as may be necessary or convenient to assure the orderly holding of the election, and they shall do all other things necessary to facilitate the holding of the election in a manner harmonious and consistent with law.
Section 8. Canvass. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.
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4 Section 9. Conduct of Election. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Elections Department to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.
Section 10. Filing with County. The City Clerk shall file a certified copy of this Resolution with the County Elections Department.
Section 11. Analysis and Argument. Pursuant to Elections Code Section 9280, the City Attorney shall prepare an impartial analysis of the measure that shall not exceed 500 words no later than 12:00 p.m. on August 18, 2022. Pursuant to Elections Code Section 9282, the City Council authorizes the Mayor to author and submit the primary argument and pursuant to Elections Code Section 9285(a), authorizes the Mayor to submit a rebuttal argument in favor of the ballot measure.
Pursuant to Elections Code Section 9287, if more than one argument is submitted against the measure, the City Clerk shall select the argument to be included with the ballot materials. An argument for or against the measure shall not exceed 300 words in length. The last day to submit arguments for or against the proposed measure shall be August 18, 2022. Submittals are to be delivered to the City Clerk no later than 12:00 p.m. Rebuttal arguments (250 words) shall be permitted pursuant to applicable law. The last day to submit rebuttal arguments to the City Clerk shall be August 25, 2022. Submittals are to be delivered to the City Clerk no later than 12:00 p.m.
Section 12. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this resolution and the election. The City Manager is authorized to execute all documents and to perform all other necessary City acts to enter into a service agreement for the provision of election services with Monterey County Registrar of Voters. The City Clerk and City Attorney are authorized to make any typographical, clerical, and non-substantive corrections to this resolution as may be deemed necessary by the Monterey Elections Department.
Section 13. Declaration. The City Council shall meet to declare the results of the election called for by this Resolution at their regular meeting following certification of election results.
Section 14. Effective Date. This Resolution shall take immediate effect upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution.
Section 15. Environmental Compliance. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly.
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5 PASSED AND ADOPTED by the Council of the City of Pacific Grove on this 20th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:
DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN PIERIK, City Attorney
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RESOLUTION NO. 22-0XX
EXHIBIT A
Text of Proposed Charter Amendment to Be Submitted to the Voters: Proposal to Amend the Pacific Grove City Charter to Reduce the Number of City Council Members from Six (6) to Four (4) and Redefine the Votes Needed for a Quorum, A Majority Vote and Other Select Actions.
TEXT OF AMENDMENT TO PACIFIC GROVE CITY CHARTER
Amended text shown in underscored bold italics text, and deleted text shown in strikeout text. Highlighted text shown solely for ease of reference.
PART 1: PROPOSED CHARTER AMENDMENT
Section 1. That Article 6 of the City Charter be amended to read as follows:
Article 6 Officers and Employees
The officers of the City of Pacific Grove shall consist of six four Councilmembers and a Mayor, a City Manager, a City Clerk, a City Treasurer, a City Attorney, other officers as provided by ordinance, and members of Commissions, Boards and Committees as provided by Charter and by ordinance; provided, the Council may by ordinance provide for such subordinate officers, assistants, deputies, clerks and employees as it deems necessary, and that the Council may at any time, when in its judgment the interest of the City so demands, consolidate by ordinance the powers and duties of two or more City officers, and place the same in charge of one such officer. The Mayor and the members of the Council shall be elected from the City at large. All other officers, assistants, deputies, clerks, and employees shall be appointed as provided in this Charter, or as the Council may provide by ordinance in case no provision for their appointment is herein made, and they shall hold their respective offices or positions at the pleasure of the appointing power, except as otherwise herein provided.
Section 2. That Article 11 of the City Charter be amended to read as follows:
Article 11 The Mayor
A Mayor shall be elected at each general municipal election and shall hold office for the term of two years from and after the Tuesday next succeeding the day of such election and until a successor is elected and qualified. The Mayor may receive compensation as provided by ordinance, but in no case shall the compensation exceed that amount which is permitted by State Law for General Law cities of comparable size to Pacific Grove.
The Mayor shall be ineligible to hold any office or employment with the City except as a member of any board, commission or committee thereof of which the Mayor is constituted such member by General Law. In the name and on behalf of the City the PGCC 7-20-2022
Mayor shall sign all contracts, deeds, bonds and other legal instruments in which the city is a party. The Mayor or the Mayor’s designate shall represent the City at all ceremonial functions of a social or patriotic character when it is desirable or appropriate to have the City represented officially thereat. The Council shall choose one of its members to serve as Mayor protempore during the absence of the Mayor. The Mayor shall preside over all Council meetings and shall be entitled to one vote.
In the event a vacancy occurs in the office of the Mayor, the remaining Council Members shall appoint, by four three affirmative votes, one of their number to serve as Mayor for the remaining term of the vacated office of Mayor. If the Council does not fill the Mayoral vacancy within thirty (30) days its appointment power shall lapse and the Mayor Pro Tempore shall assume the office of Mayor. In either event, a vacancy shall then exist as to that Council seat, which shall be filled in accord with the provisions of Article 12 of this Charter.
Section 3. That Article 12 of the City Charter be amended to read as follows:
Article 12 Council
Three Two Councilmembers shall be elected at each general municipal election and shall hold office for the term of four years each from and after the Tuesday next succeeding the day of such election, and until their successors are elected and qualified.
A vacancy in an elective office shall be filled by appointment by the Council, such appointee to hold office until the next general municipal election and until a successor is elected and qualified. Such successor shall be elected for the unexpired term of his or her predecessor at the general municipal election and until a successor is elected and qualified. Such successor shall be elected for the unexpired term of his or her predecessor at the general municipal election next succeeding such appointment. Should the Council fail to fill any such vacancy within thirty days after the same occurs, then it shall be filled by appointment by the Mayor; provided, however, that if the offices of a majority, or more, of the Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections.
If any Councilmember of the City shall be absent for more than two consecutive regular meetings without good cause as determined by the Council, or shall cease to be a resident or elector of the City, or shall fail to qualify, or shall resign or be convicted of a felony, or be adjudged mentally incompetent, the Councilmember’s office shall thereupon become vacant.
The Councilmembers may receive compensation as provided by ordinance, but in no case shall the compensation exceed that amount which is permitted by the State Law for General Law cities of comparable size to Pacific Grove.
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No Councilmember shall be eligible to hold any other office or employment with the City except as a member of any board, commission, or committee thereof, of which the Councilmember is constituted such member by the General Law of the State.
The term of office for a Councilmember who files as a candidate for the Office of Mayor shall automatically expire on the Tuesday next succeeding the general municipal election held following that filing. The filing period for candidates to fill such Councilmember’s term shall be extended an additional five days.
Section 4. That Article 13 of the City Charter be amended to read as follows:
Article 13 Meetings of the Council
All meetings of the Council shall be duly noticed and shall be open to the public and shall otherwise comply with applicable state law. All meetings of the Council shall be held in the Council Chambers, except that the Council may hold meetings at another location either to (1) accommodate those who wish to attend, or to (2) accommodate an emergency situation, or to (3) accommodate the needs of a particular meeting as determined in the sole discretion of the Council. There shall be two regular meetings of the Council in each month at a day and hour by ordinance determined, and any regular meeting may be adjourned to a date and hour certain and such adjourned meeting shall be a regular meeting for all purposes; provided however, the Council may cancel one of those meetings, as circumstances may require, by five (5) four (4) affirmative votes. The Council shall adopt rules for the conduct of its proceeding and shall provide by ordinance the manner in which its special meetings may be called.
Section 5. That Article 15 of the City Charter be amended to read as follows:
Article 15 Ordinances
(a) The enacting clause of all ordinances passed by the Council shall read as follows:
“The Council of the City of Pacific Grove does ordain as follows:” The enacting clause of all ordinances passed by the vote of the electors of the City through the exercise of the initiative or referendum shall be: “The people of the City of Pacific Grove do ordain as follows:”
(b) The affirmative vote of four three members of the Council shall be necessary to adopt any ordinances, resolutions or claims against the City, which vote shall be taken by ayes and noes and entered upon the record, and upon the request of any member of the Council the ayes and noes shall be taken and recorded upon any vote. (c) No ordinance shall be passed by the Council on the day of its introduction nor within five days thereafter, nor at any time other than at a regular meeting, nor until its publication at least once in the official newspaper at least three days before its adoption.
Provided, that the publication of ordinances as required herein may be satisfied by publication of a summary of a proposed ordinance, if at the time the ordinance is PGCC 7-20-2022
introduced the Council directs a summary to be published. Any summary so published shall be approved by the City Attorney. A copy of the full text of proposed ordinances for which summaries are published shall be on file in the office of the City Clerk and available to the public on and after the first business day following introduction. (d) Notwithstanding the five day waiting period required in (c), immediately hereinabove, any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health, safety or public welfare, and containing the reasons for its urgency, may be introduced and if passed by a vote of no fewer than five four members of the Council shall become effective immediately. (e) A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, provided its general scope and original purpose are retained.
(f) No ordinance or portion thereof shall be repealed, revised or amended except by ordinance, and all ordinances shall be signed by the Mayor and attested by the City Clerk. (g) Except as provided by General Law, or by this Charter, no action providing for the approval or amendment of the annual fiscal year budget, or for the acquisition, sale, lease, encumbrancing or disposition of real property of the City, or any interest therein, or for the levying of any tax or assessment, or for the granting of any franchise, or for the establishment or changing of zoning regulations, or for the imposing of any penalty, shall be taken except by ordinance.
(h) All ordinances subject to the right of referendum shall become effective 30 days following final passage. All other ordinances shall be effective immediately upon final passage. The provisions of this subarticle shall not affect the ability of the Council to adopt emergency measures pursuant to subarticle (d) of this Article.
Section 6. That Article 19 of the City Charter be amended to read as follows:
Article 19 City Manager
There shall be a City Manager appointed by the affirmative vote of five-sevenths fourfifths of the Council who shall be the administrative head of the City government. The City Manager shall be chosen by the Council without regard to political consideration and with reference solely to qualifications for such office. The procedure for removal of the City Manager shall be prescribed by ordinance.
It shall not be necessary that the City Manager reside in the City at the time of appointment, but the City Manager shall become a resident thereof within sixty days thereafter and thereafter during incumbency shall actually reside in the City.
The powers and duties of the City Manager shall be:
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a. To see that all ordinances are enforced.
b. To appoint all heads of departments, subordinate officials and employees, and remove the same, and have general supervision and control over the same. c. To exercise general supervision over all privately owned public utilities operating within the City so far as the same are subject to municipal control. d. To see that the provisions of all franchises, leases, contracts, permits and privileges granted by the City are fully observed and to report to the Council any violations thereof. e. To act as purchasing agent for the City. The City Manager shall know the exact condition of the treasury at all times, and shall approve all demands before the same have been allowed by the Council if the City Manager is satisfied that the money is lawfully due.
f. To attend all meetings of the Council unless excused therefrom by three two members thereof or by the Mayor.
g. To examine, or cause to be examined, without notice, the conduct, or the official account and records, of any officer or employee of the City. h. To keep the Council advised as to the needs of the City. i. To have supervision over all City property, including public buildings, parks and playgrounds.
j. To appoint such advisory boards as the City Manager may deem desirable to advise and assist the City Manager provided the members of such boards shall receive no compensation.
k. To cause a quarterly statement of all funds in the treasury to be submitted to the Council. Such statements shall be submitted not later than the first meeting in November, February, May and August.
l. To assume general control of the City government and all of its branches in case of riot, insurrection or extraordinary emergency, and to be responsible for the suppression of disorders and the restoration of normal conditions.
Section 7. That Article 24 of the City Charter be amended to read as follows:
Article 24 City Attorney
There shall be a City Attorney appointed by the City Council. The City Attorney shall be an attorney-at-law, admitted to the bar of the Supreme Court of this State, and one who PGCC 7-20-2022
has been in actual practice in the State, for at least three years next preceding appointment. All other things being equal, an attorney who has had special training for this office or experience in municipal corporation law shall be appointed to this office, if practicable. The City Attorney shall be legal advisor of the Council and shall be available to all other City officials on City business.
The City Attorney shall prosecute all violations of City ordinances, and shall draft all ordinances, resolutions, contracts, or other legal documents or proceedings required by the Council or other officials, except as may be otherwise provided, and shall perform such legal services from time to time as the Council may require, and shall attend all meetings of the Council unless excused therefrom by three two members thereof or by the Mayor. When from any cause therefrom the City Attorney is unable to perform the duties of office, the City Attorney shall with the consent of the Council appoint some other qualified attorney to act temporarily as City Attorney. Whenever, in the judgment of the Council, the interests of the City require it, assistant counsel may be employed. The City Attorney shall deliver all books, records, papers, documents, and property of every description, under his or her control, owned by the City, to his or her successor in office, and shall possess such other powers, and perform such additional duties, not in conflict with this Charter, as may be prescribed by ordinance.
Section 8. That Article 26 of the City Charter be amended to read as follows:
Article 26 Appointive Commissions and Boards
There shall be the Commission and Boards enumerated in this Article which shall have the powers and duties as provided herein. The appointment of persons to serve on these Commissions and Boards shall be made by the Mayor subject to the confirmation by affirmative vote of four three members of the Council.
Before making such appointments the Mayor shall consult with the Council and shall consider fully any and all nominations suggested by other members of the Council.
Members of Commissions and Boards shall serve at the pleasure of the Council. The Council, by an affirmative vote of four three of its members, may remove any member of any Commission or Board at any time during the Commission or Board member’s term of office.
The term of office for members of Commissions and Boards shall be four years, but in no event shall any person serve more than three successive full terms on a single Commission or Board. For the purposes of this Article, service upon appointment to a vacated mid-term seat shall be deemed service for a full term. A person who has served for such three term period on a Commission or Board shall be eligible for reappointment to that Commission or Board after the expiration of two years.
Any person appointed to serve on such Commissions or Boards shall be a registered elector of the City and shall not hold any paid office or employment in the City PGCC 7-20-2022
government or be a member of any other Board as herein enumerated, or be a member of the City Council, except as an ex officio member without vote. a. CITY PLANNING COMMISSION. There shall be a Planning Commission consisting of seven members, and shall have the following powers and duties:
(1) Recommend to the Council the adoption, amendment, or repeal of a General Master Plan, or any part thereof, for the physical development of the City. (2) Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance or resolution.
(3) Perform such other duties relating to planning and zoning as the Council may require by ordinance or resolution, or as may be prescribed by the General Laws of the State. b. LIBRARY BOARD. There shall be a Library Board consisting of five members and shall have the following powers and duties:
(1) Act in an advisory capacity to the Council and City Manager in all matters pertaining to the operation of a public library.
(2) Recommend to the City Council the adoption of such laws, rules, and regulations as it may deem necessary for the administration and protection of the City Library. (3) Perform such other duties relating to the library services as the Council may require by ordinance or resolution.
c. MUSEUM BOARD. There shall be a Museum Board consisting of five members and shall have the following powers and duties:
(1) Act in an advisory capacity to the Council and City Manager in all matters pertaining to the operation of a public museum.
(2) Recommend to the City Council the adoption of such laws, rules, and regulations as it may deem necessary for the administration and protection of the City Museum. (3) Perform such other duties relating to the museum service as the Council may require by ordinance or resolution.
d. RECREATION BOARD. There shall be a Recreation Board consisting of five members and shall have the following powers and duties:
(1) Act in an advisory capacity to the Council and City Manager in all matters pertaining to the operation of a City recreation program.
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(2) Recommend to the City Council the adoption of such laws, rules and regulations as it may deem necessary for the administration and operation of a City recreation program. (3) Promote and stimulate public interest in a recreation program and solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein.
(4) Perform such other duties relating to the recreation program as the Council may require by ordinance or resolution.
Section 9. That Article 40 of the City Charter be amended to read as follows:
Article 40 Contracts on Public Works; Materials and Supplies (a) In the erection, improvement and repair of all public buildings and works, in all street and sewer work, and in furnishing supplies or materials for same when the expenditure required for the same shall exceed the sum of Fifteen Thousand Dollars ($15,000.00), the same shall be done by contract and shall be let to the lowest responsible bidder, after notice by publication in the official newspaper, and security for the due execution and performance of any such contract may be required of the successful bidder. The Council may provide by ordinance for the detailed procedure for carrying out this Article.
Provided, that the Council may reject any and all bids presented and may re-advertise in their discretion, and provided further, that after rejecting bids the Council may declare and determine by an affirmative vote of five four of its members that in its opinion the work in question may be more economically or satisfactorily performed by day labor, by either city employees or others, and after adoption of a resolution to this effect, it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this Article.
Provided, further, that such contracts likewise may be let without advertising for bids if such work shall be deemed by the Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by an affirmative vote of five four Council members and containing a declaration of facts constituting such urgency.
(b) The Council by ordinance shall adopt policies and procedures, including appropriate bidding regulations, governing purchases of or contracts for supplies, materials and equipment. Purchases of supplies, materials and equipment shall be made only in accordance with the adopted policies and procedures.
PART 2: BALLOT DESCRIPTION
As provided in Government Code section 34458.5, the following ballot description is in this proposed Charter Amendment measure:
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CHARTER AMENDMENT
The proposed Charter Amendment measure would amend Pacific Grove City Charter Articles 6, 11, 12, 13, 15, 19, 24, 26, and 40. The amendment would change the number of elected City Council members from six to four by directing (1) in 2024 two Council members shall be elected to four-year terms, and one Council member shall be elected to a single two-year term, and (2) every two years thereafter beginning in 2026 two Council members shall be elected to fouryear terms; Consistent Charter changes shall clarify a quorum, majority vote and other select actions, which shall become effective when the number of Councilmembers is reduced to four (4) after the November 2026 election is certified.
Charter Article 6 would be revised to provide the reduction of the number of Councilmembers from six (6) to four (4).
Charter Article 11 would be revised to provide that in the event a vacancy occurs in the office of the Mayor, the remaining Council Members shall appoint, by three (3) affirmative votes, one of their number to serve as Mayor for the remaining term of the vacated office of Mayor, instead of four (4) votes.
Charter Article 12 would be revised to provide that two (2) Councilmembers shall be elected at each general municipal election rather than three (3).
Charter Article 13 would be revised to provide that the City Council may cancel one of its monthly meetings, by four (4) affirmative votes instead of five (5).
Charter Article 15 would be revised to provide that the affirmative vote of three (3) members of the Council shall be necessary to adopt any ordinances, resolutions or claims against the City instead of four (4).
Charter Article 19 would be revised to provide that the appointment of the City Manager shall require the affirmative vote of four-fifths of the Council instead of five-sevenths and to require the City Manager to attend all meetings of the Council unless excused by two (2) members instead of three (3), or by the Mayor.
Charter Article 24 would be revised to provide that the City Attorney must attend all meetings of the Council unless excused by two (2) members instead of three (3), or by the Mayor.
Charter Article 26 would be revised to provide that the appointment of persons serving on City Commissions and Boards shall be made by the Mayor subject to the confirmation by affirmative vote of three (3) members of the Council instead of four (4). Also the Council, by an affirmative vote of three (3) of its members, may remove any member of any commission, instead of four (4).
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Charter Article 40 would be revised to provide that the Council after rejecting all bids may declare and determine by an affirmative vote of four (4) of its members instead of five (5) that in its opinion the work in question may be more economically or satisfactorily performed by day labor, by either city employees or others, and after adoption of a resolution, it may proceed to have the proposed work done without further observance of the foregoing provisions of Article 40.
Article 40 would also be revised to allow the Council to approve a contract without advertising for bids with a finding of urgent necessity for the preservation of life, health or property, with an affirmative vote of four (4) Council members instead of five (5).
PART 3: IMPLEMENTATION
In the event this Charter Amendment measure is approved:
A. Exclusively for the election to be held in November 2024, two councilmembers shall be elected and hold office for a term of four years and one additional councilmember shall be elected and hold office for a term of two years, resulting in a four (4) member City Council and Mayor (5 member) local legislative body after the November 2026 election is certified B. To further effectuate the purposes of this Charter Amendment measure and the direction of the voters, the City Council shall amend the following sections of the Pacific Grove Municipal Code – Sections 2.04.070 (c)(5),
2.06.020, 3.02.030 and 3.04.030, and such other sections as needed, to modify the number of required council votes for actions referenced in those provisions as may be consistent with this measure.
C. This Charter Amendment measure shall be submitted to the Secretary of State pursuant to Government Code sections 34459 through 34461, inclusive.
PART 4: EFFECTIVE DATES
Section 3 of Article XI of the California Constitution provides:
For its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. This Charter Amendment measure shall become effective in the manner allowed by law.
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Each Charter Article amendment, provided herein, shall become effective and implemented in conjunction with the following election dates:
1. Amendment of Charter Article 6 - November 3, 2026.
2. Amendment of Charter Article 11 - November 3, 2026.
3. Amendment of Charter Article 12 - November 5, 2024.
4. Amendment of Charter Article 13 - November 3, 2026.
5. Amendment of Charter Article 15 - November 3, 2026.
6. Amendment of Charter Article 19 - November 3, 2026.
7. Amendment of Charter Article 24 - November 3, 2026.
8. Amendment of Charter Article 26 - November 3, 2026.
9. Amendment of Charter Article 40 - November 3, 2026.
PART 5: SEVERABILITY
It is the intent of the people that the provisions of the Charter Amendment measure are severable and that if any section, subsection, sentence, clause, or phrase of this charter amendment is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Charter Amendment measure. The people of the City of Pacific Grove hereby declare that they would have passed this Charter Amendment measure and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
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City Council
City of Pacific Grove
July 6, 2022 Luke Coletti – [email protected] 1 Cost of Pacific Grove Elections
(2012-2022)
Election Date: 11/6/2012 11/4/2014 4/19/2016 11/8/2016 11/6/2018 11/3/2020 4/12/2022 Election Type: Presidential General Special Presidential General Presidential Special Registered Voters: 9,547 9,213 9,338 10,165 10,025 10,694 10,450 Ballots Cast: 8,049 5,700 5,134 8,463 7,960 9,677 4,051 Turnout: 84.31% 61.87% 54.98% 83.26% 79.40% 90.49% 38.77% Council Candidates: 9 6 0 6 7 6 0
Mayoral Candidates: 2 2 0 2 3 1 0
Local Measures: 1 0 1 1 2 1 1
Election Cost $46,469 $17,055 $79,327 $38,503 $53,583 $60,671 $124,484 Cost Per Registered Voter: $4.87 $1.85 $8.50 $3.79 $5.34 $5.67 $11.91 PGCC 7-20-2022
Agenda No. 12 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Mohammed Khasimi, Chief Information Officer
MEETING DATE: July 20, 2022
SUBJECT: Contract Amendment with Access Media Productions (AMP) for production and televised broadcast of the City's public meetings.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Choose one of the pricing plan options provided by AMP and approve amendment of the contract accordingly.
DISCUSSION
This agenda item is being brought forward to the Council on Council Member Coletti's request.
Last year, AMP increased their pricing and provided a proposal with the following three pricing options:
• Tier 1 -- $25K annually (approximate/based on 2020-2021 hourly spend) • AMP will produce and provide coverage of City of PG’s City Council Meetings, at the updated hourly rate
• AMP will stream these meetings to City of PG’s internet platform of choice (ex. YouTube or Facebook Live)
• AMP will provide a file of the meeting for VOD purposes • City of PG will not receive access to AMP’s Peninsula Channel to broadcast any content (meetings or playback of other city-authorized programs • Tier 2 -- $40K annually
• AMP will produce and provide coverage of City of PG’s City Council Meetings (up to 30 per year.)
• AMP will provide a file of the meeting for VOD purposes • AMP will broadcast PG’s City Council meetings on the Peninsula Channel ONLY while they are live
• City of PG will not receive broadcast replays of meetings on the Peninsula Channel, or the ability to playback other city- authorized programs
• Tier 3 -- $52K annually
• AMP will produce and provide coverage of all City of PG City Council Meetings/special events (up to 35 per year)
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• AMP will broadcast PG’s City Council meetings on the Peninsula Channel • AMP will live stream these meetings to City of PG’s internet platform of choice • AMP will provide a file of the meeting for VOD purposes • AMP will provide frequent replays of above meetings on the Peninsula Channel and the ability to broadcast other city- authorized programs
City staff decided to go with the Tier 2 option, primarily, for these two reasons:
The Tier 3 option would have used all of the initially projected PEG funds, leaving no on-going PEG funds available to pay for maintenance, repairs, and upgrade of the AV equipment in the council chamber. Tier 2 would save the City $12,000 annually, which could be used for those needs.
1. The public is able to view on-demand replays of the meetings conveniently through the City's website.
2. The only major impact on the City by not going with the full-priced Tier 3 plan was discontinuation of the replays of the City's meetings on the Peninsula Channel. However, the recordings of our city council meetings are available on the City's website, and can be viewed any time, on-demand. Also, in the past year, the City staff did not receive any complaints from the public regarding the replays.
Staff is seeking guidance for the contract renewal for this current fiscal year.
OPTIONS
Approve the amendment of the contract with AMP with the current pricing plan, which has now increased from $39,000 to $42,900 annually, or provide an alternate direction.
FINANCIAL IMPACT:
A budget amendment will be needed, if the City chooses to move forward with the Tier 3 pricing. The State Franchise PEG Fund has a sufficient fund balance to cover this increase; however consideration should also be given to additional drawdowns that may be needed for equipment maintenance, support services, and upgrades.
GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.
Attachments
AMP's 2022-23 Pricing
AMP's contract - 2021-22
AMP's 2021-22 Pricing
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AMP x City of Pacific Grove
New Pricing Schedule
July 2022
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AMP’s VALUE
• Enabling public/community, educational, and local
government broadcasts
•How we do this…
• Production expertise – our knowledge of
broadcasting technology + techniques has
expanded during the pandemic
•Dedicated broadcast channels – your gateway to
reach the public + maintain transparency in local
government
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New Pricing Options: 2022-2023
CURRENT PLAN -- $42,900 annually*
• AMP will produce and provide coverage of City of PG’s Meetings (up to 30 per year.) • AMP will provide a file of the meeting for VOD purposes • AMP will broadcast PG’s City Council meetings on the Peninsula Channel ONLY while they are live • City of PG will not receive broadcast replays of meetings on the Peninsula Channel, or the ability to playback other • city-authorized programs
PREMIUM PLAN -- $52K annually*
• AMP will produce and provide coverage of all City of PG Meetings/special events (up to 35 per year) • AMP will broadcast PG’s City Council meetings on the Peninsula Channel • AMP will live stream these meetings to City of PG’s internet platform of choice • AMP will provide a file of the meeting for VOD purposes • AMP will provide frequent replays of above meetings on the Peninsula Channel and the ability to broadcast other cityauthorized programs *OVERAGES -- Overages will be billed at the following hourly rates:
• Production $95/hour
• Post-production + editing: $55/hour
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CITY OF PACIFIC GROVE AGREEMENT FOR PROFESSIONAL SERVICES (Under $40,000)
This Professional Services Agreement (“Agreement”) is made by and between the City of Pacific Grove, a political subdivision of the State of California (hereinafter “City”) and Access Media Productions (AMP), (hereinafter “CONTRACTOR”).
In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as follows:
1. SERVICES TO BE PROVIDED. The City hereby engages CONTRACTOR to perform, and CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The services are generally described as follows: Televised broadcast of the City Council and other special meetings, as requested.
2. PAYMENTS BY CITY. City shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement. The total amount payable by City to CONTRACTOR under this Agreement shall not exceed the sum of $ 39,000.
3. TERM OF AGREEMENT. The term of this Agreement is from August 1, 2021 to July 31, 2022 unless sooner terminated pursuant to the terms of this Agreement. This Agreement is of no force or effect until signed by both CONTRACTOR and City and with City signing last, and CONTRACTOR may not commence work before City signs this Agreement.
4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by reference and constitute a part of this Agreement:
Exhibit A: Scope of Services and AMP’s Agreement
Exhibit B: AMP’s Rates
5. PERFORMANCE STANDARDS.
5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR’s agents, employees, and subcontractors performing services under this Agreement are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this Agreement and are not employees of the City, or immediate family of an employee of the City.
5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.
5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR shall not use City premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.
6. PAYMENT CONDITIONS.
6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to City.
If not otherwise specified, the CONTRACTOR may submit such invoice monthly or at the completion of each phase of the project, as provided on page 16 of the proposal, but in any event, not later than 30 days after completion of services. The invoice shall set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for the amounts claimed, and such other information pertinent to the DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
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invoice as the City may require. The Contract Administrator or his or her designee shall certify the invoice, either in the requested amount or in such other amount as the City approves in conformity with this Agreement, and shall promptly submit such invoice to the City Auditor-Controller for payment. The City Auditor-Controller shall pay the amount certified within 30 days of receiving the certified invoice.
6.02. CONTRACTOR shall not receive reimbursement for travel expenses.
7. TERMINATION.
7.01. During the term of this Agreement, the City may terminate the Agreement for any reason by giving written notice of termination to the CONTRACTOR at least thirty (30) days prior to the effective date of termination. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of termination.
7.02. The City may cancel and terminate this Agreement for good cause effective immediately upon written notice to CONTRACTOR. “Good cause” includes the failure of CONTRACTOR to perform the required services at the time and in the manner provided under this Agreement. If City terminates this Agreement for good cause, the City may be relieved of the payment of any consideration to CONTRACTOR, and the City may proceed with the work in any manner which City deems proper. The cost to the City shall be deducted from any sum due the CONTRACTOR under this Agreement.
8. INDEMNIFICATION.
8.01. As respects all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death arising out of or connected with the CONTRACTOR’s performance of this Agreement, unless such claims, liabilities, or losses arise out of the sole negligence or willful misconduct of the City. “CONTRACTOR’s performance” includes CONTRACTOR’s action or inaction and the action or inaction of CONTRACTOR’s officers, employees, agents and subcontractors.
8.02. Architects, Engineers Per Civil Code 2782.8 Where the services to be provided by CONTRACTOR under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, CONTRACTOR agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of CONTRACTOR and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then CONTRACTOR’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the CONTRACTOR’s proportionate percentage of fault.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONTRACTOR agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the CONTRACTOR's performance or failure to perform under the terms of this contract, DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
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excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
❑ Exemption/Modification (Justification attached; subject to approval).
9. INSURANCE.
9.01. Insurance Coverage Requirements: Without limiting CONTRACTOR’s duty to indemnify, CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:
Commercial general liability insurance, no less broad than Insurance Services Office (ISO) CG 00 01, including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broadform Property Damage, Independent Contractors, Products and Completed Operations, with a minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If CONTRACTOR maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR.
❑ Exemption/Modification (Justification attached; subject to approval).
Business automobile liability insurance, covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services under this Agreement, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence. ❑ Exemption/Modification (Justification attached; subject to approval).
Workers’ Compensation Insurance, if CONTRACTOR employs others in the performance of this Agreement, in accordance with California Labor Code section 3700 and with Employer’s Liability limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each disease. ❑ Exemption/Modification (Justification attached; subject to approval).
Professional liability insurance, if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a “claims-made” basis rather than an occurrence basis, the retroactive date shall be no later than the commencement of the work. Coverage applicable to the work performed under this agreement shall be continued for three (3) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.
❑ Exemption/Modification (Justification attached; subject to approval).
9.02. Other Insurance Requirements. All insurance required by this Agreement shall be with a company acceptable to the City and issued and executed by an admitted insurer authorized to transact Insurance business in the State of California. Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
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herein shall continue in effect for a period of three years following the date CONTRACTOR completes its performance of services under this Agreement.
. CONTRACTOR shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, CONTRACTOR shall forthwith obtain and submit proof of substitute insurance. Should CONTRACTOR fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at CONTRACTOR’s sole cost and expense.
Commercial general liability and automobile liability policies shall provide an endorsement naming the City of Pacific Grove, its officers, agents, and employees as Additional Insureds with respect to liability arising out of the CONTRACTOR’S work, including ongoing and completed operations, and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by the City and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss covered by the CONTRACTOR’S insurance. The required endorsement form for Commercial General Liability Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 (2000). The required endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.
The general liability policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
CONTRACTOR shall provide to City an endorsement that the insurer waives the right of subrogation against the City, its officers, officials, employees, agents and volunteers.
Prior to the execution of this Agreement by the City, CONTRACTOR shall file certificates of insurance with the City’s contract administrator and City’s Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the insurance required by this Agreement. The CONTRACTOR shall file a new or amended certificate of insurance within five calendar days after any change is made in any insurance policy which would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify or change the indemnification clause in this Agreement, which shall continue in full force and effect.
CONTRACTOR shall at all times during the term of this Agreement maintain in force the insurance coverage required under this Agreement and shall send, without demand by City, annual certificates to City’s Contract Administrator and City’s Contracts/Purchasing Division. If the certificate is not received by the expiration date, City shall notify CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate, evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such insurance is a default of this Agreement which entitles City, at its sole discretion, to terminate this Agreement immediately.
10. RECORDS AND CONFIDENTIALITY.
10.01. Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws which provide for the confidentiality of records and other information. CONTRACTOR shall not disclose any confidential records or other confidential information received from the City or prepared in connection with the performance of this Agreement, unless City specifically permits CONTRACTOR to disclose such records or information. CONTRACTOR shall promptly transmit to City any and all requests for disclosure of any such confidential records or information. CONTRACTOR shall not use any confidential information gained by CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out CONTRACTOR’s obligations under this Agreement.
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10.02. City Records. When this Agreement expires or terminates, CONTRACTOR shall return to City any City records which CONTRACTOR used or received from City to perform services under this Agreement.
10.03. Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and City rules and regulations related to services performed under this Agreement. CONTRACTOR shall maintain such records for a period of at least three years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three-year period, then CONTRACTOR shall retain said records until such action is resolved.
10.04. Access to and Audit of Records. The City shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject, at the request of the City or as part of any audit of the City, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.
10.05. Royalties and Inventions. City shall have a royalty-free, exclusive and irrevocable license to reproduce, publish, and use, and authorize others to do so, all original computer programs, writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature produced in the course of or under this Agreement. CONTRACTOR shall not publish any such material without the prior written approval of City.
11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), or sexual orientation, either in CONTRACTOR’s employment practices or in the furnishing of services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants for employment and all persons receiving and requesting services are free of such discrimination. CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.
12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or will be funded with monies received by the City pursuant to a contract with the state or federal government in which the City is the grantee, CONTRACTOR will comply with all the provisions of said contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract and said provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, City will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.
13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as an employee of the City. No offer or obligation of permanent employment with the City or particular City department or agency is intended in any manner, and CONTRACTOR shall not become entitled by virtue of this Agreement to receive from City any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of CONTRACTOR’s performance of this Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold City harmless from any and all liability which City may incur because of CONTRACTOR’s failure to pay such taxes.
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14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage pre-paid mail to the City’s and CONTRACTOR’S contract administrators at the addresses listed below:
FOR CITY: FOR CONTRACTOR:
Mohammed Khasimi Sarah Pierce
Chief Information Officer Executive Director, AMP
Name and Title Name and Title
300 Forest Avenue 465 Tyler Street
Pacific Grove, CA 93950 Monterey, CA 93940
Address Address
(831) 648-3170 (831) 333-1267
Phone Phone
15. MISCELLANEOUS PROVISIONS.
15.01. Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to acquire any interest during the term of this Agreement which would directly or indirectly conflict in any manner or to any degree with the full and complete performance of the professional services required to be rendered under this Agreement.
15.02. Amendment. This Agreement may be amended or modified only by an instrument in writing signed by the City and the CONTRACTOR.
15.03. Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed by the City and the CONTRACTOR. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
15.04. Contractor. The term “CONTRACTOR” as used in this Agreement includes CONTRACTOR’s officers, agents, and employees acting on CONTRACTOR’s behalf in the performance of this Agreement.
15.05. Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.
Contractor and the CITY hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.
15.06. Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of the City. None of the services covered by this Agreement shall be subcontracted without the prior written approval of the City. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the performance of all requirements of this Agreement.
15.07. Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the City and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and heirs.
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15.08. Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and local laws and regulations in performing this Agreement.
15.09. Headings. The headings are for convenience only and shall not be used to interpret the terms of this Agreement.
15.10. Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.
15.11. Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of California.
15.12. Non-exclusive Agreement. This Agreement is non-exclusive and both City and CONTRACTOR expressly reserve the right to contract with other entities for the same or similar services.
15.13. Construction of Agreement. The City and CONTRACTOR agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.
15.14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.
15.15. Authority. Any individual executing this Agreement on behalf of the City or the CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.
15.16. Integration. This Agreement, including the exhibits any documents incorporated by reference, represent the entire Agreement between the City and the CONTRACTOR with respect to the subject matter of this Agreement and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the City and the CONTRACTOR as of the effective date of this Agreement, which is the date that the City signs the Agreement.
15.17. Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.
15.18 Severability. If any of the provisions contained in the Contract are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Limitations of liability and indemnities shall survive termination of the Contract for any cause. If a part of this Contract is valid, all valid parts that are severable from the invalid part remain in effect. If a part of this Contract is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
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This space is left blank, intentionally.
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IN WITNESS WHEREOF, City and CONTRACTOR have executed this Agreement as of the day and year written below.
CITY OF PACIFIC GROVE CONTRACTOR
By: Access Media Productions
City Manager Contractor’s Business Name*
Date:
By: (Signature of Chair, President, or
Vice-President)*
By:
Department Head Sarah Pierce, Executive Director
Date:
Name and Title
Date:
By:
Approved as to Form
(Signature of Secretary, Asst. Secretary, CFO, or
Asst. Treasurer)*
By:
City Attorney Name and Title
Date:
Date:
Approved as to Fiscal Provisions1
By:
Finance
Date:
Approved as to Liability Provisions2
By:
Risk Management
Date:
City Agreement Number: ______________________________.
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full legal name of the corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement. 1 Approval by Finance necessary only if financial questions or issues raised in Council approval of agreement. 2 Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9.
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10/1/2021
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EXHIBIT A
CONTRACT BETWEEN THE CITY OF PACIFIC GROVE, CALIFORNIA
AND
ACCESS MONTEREY PENINSULA, INC.
AGREEMENT
This Agreement is made this 17 day of August, 2021, by and between the City of Pacific Grove, a municipal corporation ("City"), and Access Monterey Peninsula, Inc. ("AMP"), a 501(c) (3) non-profit corporation, who agree as follows:
RECITALS:
1. The City desires to provide continuing support for public, educational, and government (“PEG”) cable access channels pursuant to state law.
2. The California Public Utilities Commission has granted franchises to Comcast and AT&T (hereafter Franchisees) to provide video services in the City pursuant to the Digital Infrastructure and Video Competition Act (“DIVCA”) of 2006.
3. The City has codified its rights pursuant to the DIVCA in Chapter 21 Section
21.12.270 of the Pacific Grove City Code (City Code). Pursuant to those rights, video service providers granted franchises pursuant to DIVCA must provide certain PEG access channels, funding, and resources to the City.
4. City Code allows the City to designate a nonprofit access management entity to operate and administer the PEG access facilities, services, and programming. The City surveyed potential providers.
5. AMP, a PEG management entity serving cities on the Monterey Peninsula, has indicated its interest in serving the City by proving PEG access programming and services.
6. The City wishes to utilize AMP to serve as the access management organization to operate and manage PEG access, and be the recipient of those PEG access channels, funding, and resources provided by video service providers pursuant to DIVCA and the City Code.
7. AMP has agreed to serve the City and the community by managing the Community Media Center and providing PEG access programming, and services in a manner consistent with applicable law and best practices.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
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SECTION 1. INCORPORATION OF RECITALS. The foregoing Recitals are true and correct and are integrated into this Agreement as if each was set forth fully herein.
SECTION 2. SCOPE OF SERVICES. In exchange for the funding provided by the City to AMP pursuant to this Agreement, AMP shall provide the following services:
A. OPERATE PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS CABLE CHANNEL(S). Operate the public, educational, and governmental access cable channel(s) in accordance with the provisions of this Agreement and applicable state and federal law, with the primary purpose being to bring to the community local programming and information not otherwise readily available in commercial and national media.
B. OPERATE A COMMUNITY MEDIA CENTER. Manage a video production facility and equipment, available for public use at such hours and times that are convenient and accessible to the public as determined by AMP. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by AMP or who receive a certification from AMP, identifying said user(s) as having satisfied training requirements through means other than AMP training classes.
C. PRODUCTION OF VIDEO PROGRAMMING. Provide personnel required to assist the City in video recording, broadcasting, and streaming, either on premises or remotely, up to 30 meetings per year, as requested by the designated City staff. AMP will provide a file of each meeting for VOD purposes within 2 business days and will also provide on-demand streaming of all the past meetings on AMP’s website. AMP will broadcast the City’s meetings on the Peninsula Channel ONLY while meetings are live (no replays). Should the City desire to retain AMP to provide additional services (meetings, special event coverage, content creation), AMP agrees to provide those services at the hourly rates delineated in Exhibit A in this agreement.
D. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all video equipment purchased with monies received pursuant to this Agreement and/or donated, loaned, or leased to AMP by the City.
E. PROVIDE AUDIO VISUAL & TECHNICAL SERVICES. Provide routine maintenance and repair of audio and video equipment located in the City Council Chambers, as needed or requested. In addition, provide the following special services:
1. Evaluate the audio and video equipment in the City Council Chambers and prepare recommendations for replacement or upgrade.
2. Assist with or undertake the implementation of the video and audio equipment upgrades approved by the City.
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
3. Analyze any problems during the term of the agreement associated with the live transmission of City meetings or community events on the cable and signal streaming on the Internet, research potential solutions and their costs, and recommend preferred solutions.
4. Based on the City’s choice from the options described in Item E.3 above and the City’s approved budget for the implementation of the approved solutions, assist with and oversee, in coordination with the designated City staff, the implementation of the City’s desired solution for the problems associated with the live signal transmission of City meetings on the cable system and signal streaming on the Internet.
5. On an ongoing basis, monitor best practices of the industry and recommend to the City those improvements in policies, practices, and equipment that could enhance the achievement of the City’s goals.
F. PROVIDE EQUAL ACCESS. Provide access to the use of the equipment, facilities, channels, and services provided herein on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations pursuant to operating rules promulgated by AMP.
G. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the PEG access equipment, facilities, and channel(s). AMP shall file such policies and procedures with the City.
H. OPERATE USING BEST PRACTICES. Operate the Community Media Center and the PEG access channels in a manner consistent with best practices for PEG access and other similar organizations.
I. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS. Administer the PEG access channels and facilities in compliance with applicable federal, state, and local laws, rules, regulations, and in compliance the Pacific Grove City Code.
J. TRAINING. Train City residents and, when requested, City employees, school or college employees and students in the techniques of video production, and provide technical advice in the execution of productions.
K. PLAYBACK/CABLECAST. AMP provides for the playback/cablecasting of programs on the PEG access channels twenty-four (24) hours per day, three hundred sixty-five (365) days per year. AMP will broadcast the City’s meetings on the Peninsula Channel ONLY while meetings are live. Additionally, AMP agrees to retain all City video meeting recordings as required by the City’s retention schedule. Video files in excess of the City’s retention schedule can be transferred to the City for final archiving as required.
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L. SPECIAL NEEDS GROUPS. Support special needs groups, including but not limited to the hearing impaired, in program production through training and other means.
M. PROMOTION. Actively promote the use and benefit of the PEG access channels and facilities to cable subscribers, the public, PEG access users, and Franchisees.
N. OTHER ACTIVITIES. Undertake other PEG access programming activities and services as deemed appropriate by AMP and consistent with the obligation to facilitate and promote PEG access programming and provide non-discriminatory access.
SECTION 3. CHANNELS OPEN TO PUBLIC: AMP shall keep the PEG access channels open to all potential users regardless of their viewpoint, subject to Federal Communications Commission regulations and other relevant laws. The parties agree neither the City, Franchisees, nor AMP shall have the authority to control the content of programming placed on the public access channel(s), so long as such programming is lawful. Nothing herein shall prevent AMP, the City, or the Franchisees from producing or sponsoring programming, prevent the City or the Franchisees from underwriting programming, or prevent the City, the Franchisees, or AMP from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of PEG channels. AMP shall promulgate and enforce policies and procedures that are designed to promote local use of the PEG access channels and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate to provide for and promote use of PEG access channels, equipment and facilities.
SECTION 4. INDEMNIFICATION. AMP shall indemnify, defend, and hold harmless the City, its officers, agents, and employees and volunteers from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including, payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of the AMP, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement.
AMP shall indemnify and hold harmless City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from AMP use of channels, funds, equipment, facilities or staff granted under this Agreement or the franchise agreement.
The City shall indemnify, defend, and hold harmless AMP, its officers, agents and employees from and against any and all claims, losses, liabilities, or damage including DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
payment of reasonable attorneys' fees arising out of or resulting from the performance of this Agreement, caused in whole or part by any act or omission of the City.
SECTION 5. COPYRIGHT CLEARANCE. Before cablecasting video transmissions AMP shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit its or their program material over the PEG access channels that are operated and managed by AMP.
SECTION 6. COPYRIGHT AND OWNERSHIP. AMP shall own the copyright of any programs which it may produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming.
SECTION 7. DISTRIBUTION RIGHTS.
A. AMP shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement be cablecast on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond cablecasting on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the PEG access operating policies and procedures.
B. At least at the beginning and end of each day that video programming is cablecast on the PEG access channels whose use is authorized by this Agreement, AMP shall display a credit stating "Partial funding for the operation of this channel is provided by the City of Pacific Grove." Such credit shall also state that opinions expressed in programming on the PEG access channels are the sole responsibility of the program producers.
SECTION 8. EQUIPMENT AND FACILITIES.
A. AMP shall be responsible for maintenance of all equipment and facilities owned, leased, or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement.
B. AMP shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement. Upon termination or non-renewal of this Agreement all such equipment or facilities purchased with funds received pursuant to this Agreement shall become property of the City.
C. Upon the dissolution of AMP, it shall, subject to the approval of the City, transfer all assets of AMP representing City-funded equipment and facilities, and/or the proceeds of either to the City, or at the City's option, to such organization or organizations designated by the City to manage access which shall at the time qualify as a tax exempt organization(s) under Section 501(c)(3) DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
of the Internal Revenue Code (or the corresponding provisions of any future United States Internal Revenue Law).
SECTION 9. INSURANCE. AMP shall maintain in full force and effect at all times during the term of this Agreement, or any extension thereof, insurance as required by this Section. The cost of such insurance shall be borne by AMP and may be included in AMP annual budget.
A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. All such coverage shall be carried in the minimum amounts of $1,000,000 per occurrence, $2,000,000 aggregate.
B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire or natural catastrophe.
C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by California law shall be maintained by AMP and shall include an endorsement waiving any subrogation rights against the City. The insurance carrier shall be approved by the City.
D. CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance shall be maintained to cover the content of productions which are cablecast on the access channel in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; and misuse of musical or literary materials. This policy shall not be required to cover individual access producers.
E. CITY AS ADDITIONAL INSURED. The aforementioned insurance policies shall be on a primary basis and shall list the City, via policy endorsement, as an additional insured. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or AMP without first giving the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, its officers, agents, employees, or volunteers shall be in excess of the AMP insurance and shall not contribute to it.
F. NOTIFICATION OF COVERAGE. AMP shall annually file with the City proof of insurance coverage as follows: (1) Comprehensive Liability and Workers’ Compensation; (2) equipment insurance; (3) cablecaster's error and omission insurance prior to the commencement of cablecasting of programming on the designated PEG access channels. AMP shall immediately notify the City of any break or reduction in coverage.
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
SECTION 10. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. AMP shall comply with Title VII of the Civil Rights Act of 1964 and no person shall, on the grounds of race, religion or religious creed, color, age (over 40), sex (including gender identity and expression, pregnancy, childbirth and related medical conditions), sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, marital status, medical condition (including cancer and genetic characteristics), mental or physical disability (including HIV status and AIDS), military service, or any other classification protected by federal, state, or local laws and ordinances be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
SECTION 11. INDEPENDENT CONTRACTOR. It is understood and agreed that AMP is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and AMP. If in the performance of this Agreement any third persons are employed by AMP, such persons shall be entirely and exclusively under the control, direction and supervision of AMP. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by AMP and the City shall have no right or authority over such persons or terms of employment.
SECTION 12. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any interest herein shall be assigned or transferred by AMP, except as expressly authorized in writing by City.
SECTION 13. ANNUAL REPORTS. On or before December 31st of each year, AMP shall submit to City an annual report for the preceding fiscal year (July 1 – June 30).
This report shall contain, at a minimum, the following information:
A. Statistics on programming and services provided, as available; B. Current and complete listing of AMP's Board of Directors; and C. Year-end financial statements audited or reviewed by an independent certified public accountant.
SECTION 14. RECORDS, FISCAL AUDIT.
A. AMP shall maintain all necessary books and records, in accordance with generally accepted accounting principles.
B. B. Upon reasonable request from City, AMP shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement at:
Pacific Grove City Hall
Attn: City Manager
300 Forest Avenue
Pacific Grove, CA 93950
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
C. AMP shall prepare (or have prepared) and submit to the City a fiscal audit by a certified public accountant, at least every three (3) years.
SECTION 15. FUNDING.
A. Pursuant to City Code Section 21.12.270 (g), all Franchisees are obligated to provide certain PEG access channels, funding and resources to the City for PEG access purposes. The City does by this Agreement transfer those channels, funds, and resources as described below to AMP for the purposes described in this Agreement.
1. PEG Channel Capacity: There has been designated certain channel capacity (spectrum on franchised video broadband systems) for PEG access use. The City agrees to permit AMP to manage that channel capacity for PEG access programming.
2. PEG Support: The City agrees to provide AMP with $39,000 of PEG fees it receives from companies which have been granted franchises by the California Public Utilities Commissions. Should the City desire to retain AMP to provide additional services (meetings, special event coverage, content creation), AMP agrees to provide those services at the hourly rates delineated in Exhibit A in this agreement.
3. PEG Channel Carriage All PEG channels shall be receivable by all subscribers, whether they receive digital or analog service, or a combination thereof, without the need for any equipment other than that needed to receive the lowest cost tier of service.
PEG access capacity provided by a state franchisee shall be of similar quality and functionality to that offered by commercial channels, shall be capable of carrying a National Television System Committee (NTSC) quality television signal, and shall be carried on the state franchisee’s lowest cost tier of service.
4. PEG Channel Interconnection. A state franchisee shall make interconnection available to each PEG channel originator programming a channel in the City and shall provide the facilities necessary for the interconnection.
SECTION 16. ANNUAL PLAN AND BUDGET.
A. On or before March 30, AMP shall meet and confer with City staff to seek input regarding the development of its annual plan and budget for the upcoming fiscal year.
During that meeting the City shall share with AMP any matters that it would like AMP to consider as it prepares its annual plan and budget.
B. On or before March 30 of each year in which this Agreement is in effect, AMP shall provide to the City a proposed Annual Plan and Budget outlining activities and programs planned for the following fiscal year with funds and PEG access channels received from the City. The Annual Plan and Budget shall contain:
1. A statement of anticipated number of hours of local original PEG access programming;
2. Training classes to be offered and frequency of classes;
3. Public meeting coverage;
4. Other access activities planned by AMP; and
5. A detailed operating and capital equipment and facilities budget.
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
SECTION 17. EXPENDITURE OF FUNDS. AMP shall spend funds received from City solely for the purposes listed in its Annual Plan and Budget and as described in Section 2 (Scope of Services) of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by AMP into succeeding years. Upon termination of this Agreement all funds of any kind received from City and not expended by AMP shall be returned to City. AMP shall provide for such fiscal control and accounting procedures as are necessary to assure proper disbursement and accounting for funds received from City.
SECTION 18. RECEIPT OF APPROVED FUNDING. For each year in which AMP has submitted the Annual Plan and Budget to the City as required under Section 16 of this Agreement, the City shall make quarterly payments of $10,000.00 to AMP. Those payments shall be made on or before February 15, May 15, August 15, and November
15. If the City requests additional services from AMP, those will be billed to the City at an hourly rate, on a monthly basis.
SECTION 19. FUNDING FROM OTHER SOURCES. AMP may, during the course of this Agreement, receive supplemental funds from other sources. These funds may include, but are not limited to, fundraising activities.
SECTION 20. TERM OF AGREEMENT. This Agreement shall be for a period of one (1) year commencing on __________, 2021 and ending on __________, 2022 unless terminated earlier, as provided in this Agreement. This Agreement may be extended, by mutual agreement of the City and AMP, in writing, for one additional period of one (1) year in accordance with Section 22 of this Agreement.
SECTION 21. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS.
A. The City shall have the right upon one hundred twenty (120) days written notice to AMP to terminate this Agreement for:
1. Breach of any provision of this Agreement by AMP;
2. Malfeasance, misfeasance, misappropriation of public funds; or
3. Loss of 501(c)(3) status by AMP.
B. AMP may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) days of notification or within a time frame agreed to by the City and AMP. The City may also terminate this Agreement at the expiration of its term, or any extension thereof.
C. Upon termination of this Agreement, AMP shall immediately transfer to the City all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by AMP with funds received pursuant to this Agreement.
SECTION 22. EXTENSION OF AGREEMENT. This Agreement may be renewed or extended for an additional period of one (1) year, pursuant to the following process:
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A. If AMP seeks an extension of this Agreement, it shall, on or before ___________, 2022 submit to City a letter of intent requesting extension.
B. On or before _____________, 2022 City shall respond to AMP’s letter of intent to request extension. If City intends to refuse to extend the Agreement, it shall explain the reasons for this decision in its response to AMP. City may not refuse to extend the contract based upon a failure of AMP to comply with the terms of this Agreement unless City has provided AMP a notice of its failure to comply with the terms and the opportunity to cure said noncompliance.
SECTION 23. TIME. Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement.
SECTION 24. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 25. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of California.
SECTION 26. VENUE. The parties agree this Agreement is being entered into, and shall be performed, in Pacific Grove County, California.
SECTION 27. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows:
To City of Pacific Grove:
City Manager’s Office
Pacific Grove, CA 93940
To Access Monterey Peninsula:
Executive Director
465 Tyler Street
Monterey, CA 93940
Any party may change its address for notice by written notice to the other party at any time.
SECTION 28. SEVERABILITY. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, unenforceable, or contrary to public policy, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
SECTION 29. MUTUALITY. This Agreement is the product of negotiation and preparation by and among the parties represented by counsel. All sides and their counsel have reviewed and have had the opportunity to revise this Agreement. The Parties waive the provisions of Section 1654 of the Civil Code of California and any DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
other rule of construction to the effect that ambiguities are to be resolved against the drafting party, and the parties warrant and agree that the language of this Agreement shall neither be construed against or in favor of any party.
SECTION 30. WAIVER. A party’s failure to insist on the strict performance of any provision of this Agreement or to exercise any right, power, or remedy upon a breach of this Agreement shall not constitute a waiver of any provision of this Agreement. Neither shall such action or inaction limit the party’s right to later enforce any provision or exercise any right to the fullest extent allowed under this Agreement. A waiver of any covenant, term or condition contained in this Agreement shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent, authorization or approval by a party of any act shall not be deemed to waive or render unnecessary the consent, authorization or approval of any subsequent similar act. Any waiver of any terms or conditions must be in writing and signed by the parties.
SECTION 31. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral.
This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
CITY OF PACIFIC GROVE, CALIFORNIA
a municipal corporation
By:
Date:
ACCESS MONTEREY PENINSULA, INC.
a nonprofit corporation
By:
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E 8/30/2021
10/1/2021
PGCC 7-20-2022
Date:
EXHIBIT B
Access Media Productions Service Rates
Effective July 2021
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
Studio Services
Studio “A” Rates
Hourly Studio Rental: $125 per hour (3 hour minimum @ $375) Full Day Studio Rental:
$900 per day (8 hours)
Overtime Rate: $200 per hour (after 8 hours)
*Saturday rate charged at time + 1/2
Studio “A” rental includes:
• Recording/Control Room Engineer
• TriCaster switcher for recording, broadcast, and/or streaming • Use of three cameras
• Grid and Floor Lighting
• Green Screen or White Cyc Background (Cyc Dimensions: 12’ x 12’) Live show requires one additional staff member: + $125 per hour Last minute changes/additions (with less than 48 hours notice): charged at time + 1/2 Video Podcast Studio Rates
Audio Only
• Hourly Studio Rental: $55 per hour
• Post-Production Editing Rate: $40 per hour
-Included 3 edits- additional edits billed hourly
• Mandatory Training Session -- Audio Recording + Editing (2 hours): $125 Audio + Video
• Hourly Studio Rental (Audio + Video): $70 per hour • Editing Rate (Audio + Video): $50 per hour
-Included 3 edits- additional edits billed hourly
• Mandatory Training Session -- Audio, Video + Editing (2 hours): $165 Video Podcast Production Studio rental includes:
• Recording/Control Room Engineer
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
• Use of one camera (if recording video of podcast) • Floor lighting (if recording video of podcast)
Media Services
Community Production Services
• 1-Hour Pre-event consultation and production estimate- Complimentary • Billable hours include set-up strike and travel outside a 30-mile radius Single Camera Field Production – Base Rate
For simple lectures, testimonials, documentaries
HD Master files included
• Utilizing house lighting and audio: $125 per hour
• AMP lighting and audio, additional fee: + $100 per hour Multi-Camera Field Production
For panel discussions, concerts, performance events
HD Master files included
• House lighting and audio, 2 cameras, 1 staff: $200 per hour • House lighting and audio, 2 cameras, 2 staff: $250 per hour • House lighting and audio, 3 cameras, 2 to 3 staff: $300 per hour • AMP lighting and audio, additional fee: + $100 per hour
In Field Live Streams (internet connection required)
• $325 per hour
Editing Services
• Audio Editing (example: podcast): $40 per hour
-Included 3 edits- additional edits billed hourly
• Video Editing: $50 per hour
-Included 3 edits- additional edits billed hourly
Community Access Television Services
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
Program Playback on Public Access Channel (AMP’s dedicated community producer channel): $25 per month
• Provides “Connect” system login for one system user
Community Announcements and Program Playback: $25 per month • On AMP Website.
Photography Services
Headshots (on location)
Hourly Shooting Rate: $125 per hour
Shooting rate includes:
• 1 hour of shooting: 25-30 images edited for lighting, composition, and color • 1.5 hours of shooting: 30-35 images edited for lighting, composition, and color • 2 hours of shooting: 35-40 images edited for lighting, composition, and color Additional editing (i.e., smoother skin, flyaway hairs, whiter teeth, etc.) • $25 per hour of editing- can edit ~4 images per hour
Headshots (in studio)
Hourly Shooting Rate: $150 per hour
Shooting rate includes:
• 1 hour of shooting: 15-25 images edited for lighting, composition, and color • 1.5 hours of shooting: 30-35 images edited for lighting, composition, and color • 2 hours of shooting: 35-40 images edited for lighting, composition, and color Additional editing (i.e., smoother skin, flyaway hairs, whiter teeth, etc.) • $40 per hour of editing- can edit ~4 images per hour
Product Photography
Hourly Shooting Rate: $75-100 per hour (depending on the product) Shooting rate includes:
• images edited for basic lighting, composition, and color Post Production
• $15-20 per hour
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
Location Photography
Hourly Shooting Rate: $100 per hour
Shooting rate includes:
• images edited for basic lighting, composition, and color Post Production
• $15-20 per hour
Drone Videography
Hourly Shooting Rate: $175 per hour
For real estate, events, construction sites, etc. HD Master files included Shooting rate includes:
• 2-person team of FAA-licensed pilot and spotter
Consulting for Marketing Production and Social Media
Complimentary one hour • $55 per additional hour
DocuSign Envelope ID: 15763522-A7C5-429E-87D7-F343915C358E PGCC 7-20-2022
AMP x City of Pacific Grove
New Pricing Schedule
July 2021
PGCC 7-20-2022
AMP’s VALUE
• Enabling public/community, educational, and local
government broadcasts
•How we do this…
• Production expertise – our knowledge of
broadcasting technology + techniques has
expanded during the pandemic
•Dedicated broadcast channels – your gateway to
reach the public + maintain transparency in local
government
PGCC 7-20-2022
CITY OF PACIFIC GROVE SPEND
• Previous (2018 – 2019) -- $52K
• Previous (2019 – 2020) -- $51K
• Current (2020 – 2021) --$24K
• AMP revenue has dropped 50% yet City of PG has enjoyed the same level of service
PGCC 7-20-2022
New Pricing Options
• Tier 1 -- $25K annually (approximate/based on 2020-2021 hourly spend) • AMP will produce and provide coverage of City of PG’s City Council Meetings, at the updated hourly rate • AMP will stream these meetings to City of PG’s internet platform of choice (ex. YouTube or Facebook Live) • AMP will provide a file of the meeting for VOD purposes • City of PG will not receive access to AMP’s Peninsula Channel to broadcast any content (meetings or playback of other city-authorized programs
• Tier 2 -- $40K annually
• AMP will produce and provide coverage of City of PG’s City Council Meetings (up to 30 per year.) • AMP will provide a file of the meeting for VOD purposes • AMP will broadcast PG’s City Council meetings on the Peninsula Channel ONLY while they are live • City of PG will not receive broadcast replays of meetings on the Peninsula Channel, or the ability to playback other city- authorized programs • Tier 3 -- $52K annually (2019 – 2020 spend)
• AMP will produce and provide coverage of all City of PG City Council Meetings/special events (up to 35 per year) • AMP will broadcast PG’s City Council meetings on the Peninsula Channel • AMP will live stream these meetings to City of PG’s internet platform of choice • AMP will provide a file of the meeting for VOD purposes • AMP will provide frequent replays of above meetings on the Peninsula Channel and the ability to broadcast other city- authorized programs PGCC 7-20-2022
Agenda No. 13 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Jenny McAdams, Councilmember
MEETING DATE: July 20, 2022
SUBJECT: City of Pacific Grove Youth Commission
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Direct the City Manager to return with a draft ordinance and resolution to form a Youth Commission.
DISCUSSION
At the November 3, 2021 City Council meeting the Council held a discussion regarding the formation of a Youth Commission. City Youth Commissions provide recommendations to the Council on issues affecting that City’s youth and typically work with their Recreation Departments on attracting youth participation. Youth Commissioners often serve at City events as volunteers, learn the importance of being involved in local governance, and develop lifelong leadership skills. Youth Commissioners are also exposed to city municipal jobs and the public service career path.
At Council’s request I have met with our Recreation Program Manager and located a local educator, Lauralea Gaona, who is willing to partner with the City and serve as the initial “adult member”. Lauralea Gaona has been a teacher since 2000 and started teaching for the Pacific Grove Unified School District in 2013. Mrs. Gaona currently teaches at: 9th Grade Honors Social Studies, 12th grade Government, AP Government and Politics Teacher, and is the High School’s Close Up Advisor. Mrs. Gaona chaperoned 22 Pacific Grove High School students on the High School’s bi-annual trip to Washington D.C. this past November pictured with Congressman Jimmy Panetta at our Nation's Capital attached to this agenda report.
The Diversity, Equity, and Inclusion Task Force was met with similar Council hesitation which has become a critical and permanent Commission. I am encouraged the City’s Youth Commission will have a similar positive impact to our City, and be an excellent opportunity to engage our families and youth.
City of Pacific Grove Youth Commission Purpose
The purpose of the Youth Commission is to provide a voice to our youth, empower our youth to engage with local government, and provide the Council with recommendations to better serve our youth.
City of Pacific Grove Youth Commission Formation
The Youth Commission would consist of seven youth members and one adult (non-voting) member who is an educator at the Pacific Grove Unified School District. The youth members of the Youth Commission shall be between 13 and 18 years of age at time of appointment, a student in grades 7 through 12, and live in the City of Pacific Grove. The Youth Commission would meet one time a month during the school year and supported by the Recreation Department Director.
PGCC 7-20-2022
ELECTRONIC REFERENCES
1. CA Youth Commissions and Councils- Institute for Local Government
2. Youth Commission and Engagement Resources- Institute for Local Government
3. Sample Ordinance to Establish Youth Advisory Commission - City of Lathrop
OPTIONS
1. Provide other direction.
2. Take no action.
FINANCIAL IMPACT:
None.
GOAL ALIGNMENT: Facilitate Local Business Recovery: Review and revise existing policies and programs and develop a strategic plan to better serve existing businesses.
Attachments
Photos
PGCC 7-20-2022
PGCC 7-20-2022
Agenda No. 13 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Leticia Livian and Tori Hannah
MEETING DATE: July 20, 2022
SUBJECT: Amend the FY 2022/2023 Authorized Position Allocation CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Approve to amend the Fiscal Year 22/23 Authorized Staffing allocation in the budget to combine one .50 FTE Office Assistant and 0.50 FTE Administrative Technician; to establish a 1.0 FTE Office Assistant in the Community Development Department.
DISCUSSION
The Community Development Department has one part-time Office Assistant and one part-time Administrative Technician vacancies (2 x 0.5 FTE). Each position is allocated to work 20 hours weekly. Both part-time positions have had challenges with retaining employees in a part-time status.
Job seekers and workers desire full-time work. Staff is recommending the two part-time positions be allocated into 1.0 FTE, or one full-time Office Assistant position. This is position (headcount) neutral.
The base salary cost to the General Fund is descreased. However, full-time status positions become benefits eligible which increases the total compensation. 50% of the costs would be charged to the General Fund, and the other 50% would be charged to grant-supported Housing Fund for this change.
OPTIONS
1. Take no action.
2. Provide alternate direction.
FINANCIAL IMPACT:
The annual net increase is anticipated to be $6,800, with $10,400 of the increase allocated to the General Fund and a reduction of $3,600 in the Housing Fund. It is anticipated that the amounts needed to support the Fiscal Year 22/23 General Fund share of the position will come from salary savings from position vacancies within the department, along with supplementary grant funding.
GOAL ALIGNMENT: Not Applicable.
PGCC 7-20-2022
PGCC 7-20-2022