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Agenda packet, special meeting

Pacific Grove City Council
July 20, 2022

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Agenda packet, special meeting
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July 20, 2022
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Pacific Grove City Council
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CITY COUNCIL

ERRATA SHEET

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: Sandra Kandell, City Clerk
MEETING DATE: 07/20/2022
SUBJECT: City Council Meeting Agenda- Errata Sheet
Attached is additional information for your consideration at the July 20, 2022 City Council Meeting:

Agenda Item Information Provided/Corrected

5A Revisions to Minutes of July 6, 2022.  (See attached revised pages.) 12B Revisions to Charter Amendment Resolution (See attached revised pages.) Attachments
Revised Pages of Minutes
Revised Pages of Reso
3 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

SPECIAL MEETING
Wednesday, July 6, 2022, 56:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

CHAMBER CAPACITY SEATING IS LIMITED AND PROVIDED ON A
FIRST COME, FIRST SERVED BASIS.

THE VIRTUAL MEETING IS COMPLIANT WITH THE
GOVERNOR’S EXECUTIVE ORDERS ALLOWING FOR A DEVIATION
OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT.

JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290

CALL TO ORDER
Mayor Peake called the meeting to order at 6:00 p.m. simultaneously with the noticed regular meeting.

City Clerk Kandell conducted roll call with the following Council present in Chamber: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith and Tomlinson.

1. APPROVAL OF AGENDA
Action: Upon motion by Councilmember Smith and seconded by Councilmember McAdams, Council voted to approve the Special Meeting agenda.

Motion carried 7-0, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith and Tomlinson.

NOES: None.

ABSENT: None.

CONSENT AGENDA

2. REPORTS – REQUIRING ACTION
A. Claudia Tibbs Appointment to BNRC
Reference: Bill Peake, Mayor
Recommended Action: Approve appointment of Claudia Tibbs to Beautification and Natural Resources Commission (BNRC) for a term ending January 31, 2024.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
8 Action: Upon motion by Councilmember Coletti and seconded by Mayor Pro Tem Amelio, Council approved the appointment of Claudia Tibbs to Beautification and Natural Resources Commission (BNRC) for a term ending January 31, 2024.

Motion carried 7-0, by the following roll call vote:

AYES: Mayor Peake, Mayor Pro Tem Amelio, Councilmembers Coletti, McAdams, Poduri, Smith and Tomlinson.

NOES: None.

ABSENT: None.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
Mayor Peake adjourned the special meeting at approximately 8:05 p.m. and Council returned to the Regular Agenda items.

D. Cannabis Advisory Ballot Measure and Cannabis Tax Ballot Measure Public comment was received from Don Murphy, Marsha, Tina Rau, and Debby Beck.

Action: Council provided further direction with the matter continued to the Council’s July 20, 2022 meeting.

CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378

E. Pacific Grove City Charter Amendment to Change the Number of City Council Members from Six to Four This item was continued from the June 15, 2022 meeting. Action is requested to be taken no later than the Council's July 20, 2022 meeting.

Public comment was received from Robert Huitt and Inge Lorentzen Daumer.

Action: Upon motion by Councilmember McAdams and seconded by Councilmember Smith, Council voted to 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:

1. 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

2. Every two years thereafter, beginning in 2026, two City Council Members shall be elected to four-year terms, and

3. Enact consistent Charter changes to clarify a quorum, majority vote and other select actions; and

4. 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.

Motion carried 5-2, by the following roll call vote:

AYES: Mayor Peake, Councilmembers Coletti, McAdams, Smith and Tomlinson.

NOES: Mayor Pro Tem Amelio and Councilmember Poduri.
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, on July 6, 2022, the City Council voted to adopt Resolution 22-034 (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). However, the number of the words in the Measure referenced in Resolution 22-034 exceeds the 75 word limit. For that reason, Resolution No. 22-034 must be rescinded.

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; Formatted: Font: Not Bold
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3 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:

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2. Resolution #22-034. On July 6, 2022, the City Council voted to adopt Resolution 22-034 (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). However, the number of the words in the Measure referenced in Resolution 22-034 exceeded
the 75 word limit. Resolution 22-034 is hereby rescinded.

Section 23. 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.

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