ATTACHMENT 3
ORDINANCE NO. 20-____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE AMENDING SECTION 2.04.050
OF THE PACIFIC GROVE MUNICIPAL CODE
REGARDING PUBLIC COMMENT
FACTS
1. Pacific Grove Municipal Code Section 2.04.050 is entitled “Agenda and consideration of unlisted matters.”
2. Pacific Grove Municipal Code Section 2.04.050 should revised to allow for the Council policies to specify the rules regarding public comment at meetings of the City Council and other legislative bodies.
3. Pacific Grove Municipal Code Section 2.04.050 should also be revised to confirm that the City Council, and other legislative bodies of the City, shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the City Council and other legislative bodies of the City.
4. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Facts. The City Council hereby finds that the foregoing Facts are true and correct and incorporates those Facts here by this reference.
SECTION 2. Revision to Pacific Grove Municipal Code Section 2.04.050 (d).
Pacific Grove Municipal Code Section 2.04.050 (d) is to be replaced in its entirety and shall read as follows:
(d) Public Comment
(1) The City Council may adopt a policy or policies to ensure that the public will be provided an opportunity to address the City Council, and other legislative bodies of the City, on matters on the Agenda and on matters not on the Agenda that are within the subject matter jurisdiction of the legislative body.
(2) The City Council, and other legislative bodies of the City, shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the City Council and other legislative bodies of the City.
SECTION 3. Severability. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 4. Effective Date. In accord with Article 15 of the City Charter, this ordinance shall become effective on the thirtieth (30th) day following its adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ______ day of ______________, ______, 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
ATTACHMENT 4
City of Pacific
Grove
Council Policy
Subject Policy
Number
Effective Date Page
Order of Agenda for Council
Meetings 000-17 December 20, 2017 Page 1 of 4
A. Council meeting agendas are designed to facilitate the orderly conduct of City business, provide adequate time for the City Council to make informed, deliberative decisions, and provide members of the public an opportunity to present information to the City Council on any matter within the subject matter jurisdiction of the City.
B. This policy establishes the general practice to be followed with respect to the management of agenda items before the City Council. This policy shall not be construed to limit or impair rights of the public as set forth in the Ralph M. Brown Act, the Public Records Act, or any other provision of law.
C. In the development of a specific meeting’s agenda, the City Manager may adjust this order, when warranted. The Mayor and Council may also adjust the order in which matters are considered at the meeting. Deviation from the order of the agenda set in this policy, by itself, shall not provide a basis to reverse or invalidate any action of the City Council.
D. The standard order of the City Council agenda shall be as follows:
Call to Order
Pledge of
Allegiance
1. Approval of the Agenda
Councilmembers shall have an opportunity to request changes to the order of items, to postpone items to a future meeting, or to add new matters in accord with the emergency or urgency requirements set forth in the Government Code.
2. Presentations
Presentations shall be made on behalf of the City to persons or organizations, and/or brief presentations (not to exceed 5 minutes, each) made to the Council by others upon approval of the City Manager. Presentations shall neither receive Council action
nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
3. Council and Staff Announcements
Announcements shall be limited to City-related items and shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
Report out of any closed session held prior to the Regular meeting will be provided as the first announcement.
4. Oral Communications
These are communications from the public on matters not on the agenda, but within the subject matter jurisdiction of the City, and may also address matters on the Consent Agenda.
Persons who wish to address the Council shall use the microphone and are asked to state their name. It is helpful if speakers also indicate the subject matter of their comments. (Note: Even if a speaker refuses to state his or her name or the subject matter of the comment, the speaker shall not be denied the right to speak.) Accommodations will be made for persons with disabilities.
The Mayor shall stop any speaker if he/she deviates from the appropriate subject matter.
Under no circumstances shall the Mayor permit a speaker to personally attack any individual.
Communication to the Council under Oral Communications will be received without comment while the public comment period is open. When public comment is closed, questions from the public may be referred to staff for answers or for later comment or action, if appropriate.
Consent Agenda
The Consent Agenda deals with routine and noncontroversial matters and may include action on resolutions and second readings of ordinances, provided no public comment is anticipated on those items. The purpose of the Consent Agenda is to make efficient use of available time by considering all routine and non-controversial items under one motion. The Consent Agenda is structured so that any Councilmember, staff, or the public may pull an item for discussion or questions.
A single vote on the Consent Agenda shall apply to each item that has not been removed.
Councilmembers may notify the City Clerk if they want a specific vote or abstention recorded as to any individual item.
The standard elements of the Consent Agenda are:
5. Approval of City Council Meeting Minutes
6. Resolutions
7. Ordinances
8. Reports – Information Only
9. Reports – Requiring Action
10. Meeting Minutes of Commissions, Boards, and Committees When a Councilmember wishes to remove an item, the Councilmember will discuss his/her question(s) with staff prior to the meeting in order for staff to research the answer(s), which shall be provided ahead of time to all members (e.g., in the blue folders).
The Mayor will first ask the members of the Council, then members of the public if anyone wants to pull an item from consent. The person pulling the item will simply state the item number and subject.
Unless a specific item is pulled for discussion, the Council shall ordinarily approve all action items or recommendations on the entire Consent Agenda under a single motion.
Council’s vote to approve the Consent Agenda is a direction to staff to proceed with each action as recommended.
Items Removed from the Consent Agenda
The Council shall separately consider and act on each item removed from the Consent Agenda. Such items shall be heard in their normal place on the Regular Agenda. That placement will be noted on each consent item. The discussion format for those items will follow the protocol for the Regular Agenda.
Regular Agenda
The protocol for deliberation on regular agenda items is:
1) The agenda report is presented by staff or other person who prepared the report. The report can be concise yet sufficient to establish context and key facts for the item. 2) Public comment is received, then closed.
3) Council deliberates and takes action as appropriate for the item This protocol explicitly omits the practice of clarifying questions from council prior to opening for public comment. Councilmembers can ask for clarification prior to the Council meeting and can also ask questions during the council deliberation phase.
11. Public Hearings
The Public Hearing agenda includes matters for which a public hearing notice was posted or published and for which public comment is anticipated.
12. Unfinished and Ongoing Business
The Unfinished Business agenda shall consist of matters that return to the Council for action, the same matter having been considered at or continued from a prior meeting or are updates or actions for long term and ongoing topics.
13. New Business
The New Business agenda shall consist of matters not previously considered by the Council.
14. Full Presentations
Presentations under this item are those that may exceed five minutes and are made to the Council upon invitation of the Mayor or City Manager. Presentations shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
15. Closed Sessions (if required)
Closed Sessions are held in compliance with the Brown Act. The specific time for any Closed Session may be set at other times at the convenience of Council. The Council may adjourn to Closed Session on any other agenda item if authorized by law, upon advice of the City Attorney.
16. Public Announcement of Action Taken in Closed Session This announcement shall immediately follow any Closed Session.
Adjournment
E. Whenever practical, closed session items are best addressed during a special meeting prior to a regular meeting, as a convenience to the public, beginning at 5:00 pm.
F. All agenda reports recommending Council action shall include the following: title, recommendation, background, justification, and financial impact. Closed session agenda reports shall be confidential pursuant to California Government Code 54963 and PGMC §2.04.080.
Adopted May 2, 2001 - Resolution No.1-025
Amended June 3, 2009 - Resolution No. 9-021
Amended February 3, 2010 - Resolution No.10-014
Amended September 1, 2010 - Resolution No.10-068
Amended November 17, 2010 - Resolution No.10-099
Amended February 2, 2011 - Resolution No. 11-008
Amended January 20, 2016 - by motion of Council
Amended December 20, 2017 - Resolution No. 17-032
Amended September 1, 2021 - Resolution 21-028
ATTACHMENT 5
City of Pacific Grove
Council Policy
Subject Policy Effective Date Page
Order of Agenda for Council
Meetings 000-17 December 20, 2017 Page 1 of 4
A. Council meeting agendas are designed to facilitate the orderly conduct of City business, provide adequate time for the City Council to make informed, deliberative decisions, and provide members of the public an opportunity to present information to the City Council on any matter within the subject matter jurisdiction of the City.
B. This policy establishes the general practice to be followed with respect to the management of agenda items before the City Council. This policy shall not be construed to limit or impair rights of the public as set forth in the Ralph M. Brown Act, the Public Records Act, or any other provision of law.
C. In the development of a specific meeting’s agenda, the City Manager may adjust this order, when warranted. The Mayor and Council may also adjust the order in which matters are considered at the meeting. Deviation from the order of the agenda set in this policy, by itself, shall not provide a basis to reverse or invalidate any action of the City Council.
D. The standard order of the City Council agenda shall be as follows:
Call to Order
Pledge of Allegiance
1. Approval of the Agenda
Councilmembers shall have an opportunity to request changes to the order of items, to postpone items to a future meeting, or to add new matters in accord with the emergency or urgency requirements set forth in the Government Code.
2. Presentations
Presentations shall be made on behalf of the City to persons or organizations, and/or brief presentations (not to exceed 5 minutes, each) made to the Council by others upon approval of the City Manager. Presentations shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
3. Council and Staff Announcements
Announcements shall be limited to City-related items and shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer
matters to staff for consideration on a future agenda.
Report out of any closed session held prior to the Regular meeting will be provided as the first announcement.
4. Public Comment Oral Communications
These are commentscommunications from the public on matters that are on the agenda (including the Consent Agenda) as well as for matters not on the agenda during Oral Communications which are, but within the subject matter jurisdiction of the City., and may also address matters on the Consent Agenda.
Persons who wish to address the Council shall use the microphone and are asked to state their name. It is helpful if speakers also indicate the subject matter of their comments. (Note: Even if a speaker refuses to state his or her name or the subject matter of the comment, the speaker shall not be denied the right to speak.) Accommodations will be made for persons with disabilities.
The Mayor shall stop any speaker if he/she deviates from the appropriate subject matter.
Under no circumstances shall the Mayor permit a speaker to personally attack any individual.
Public comment shall be limited to three minutes per speaker for each item on the Agenda.
For Oral Communications, each speaker shall be limited to three minutes.
In the discretion of the Mayor, the length of the public comment on an item on the Agenda may be reduced to lower than three minutes when appropriate based on the number of speakers for an item and/or the Mayor may limit the total time for public comment on an item on the Agenda.
Communication to the Council under Oral Communications will be received without comment while the public comment period is open. When public comment during Oral Communications is closed, questions from the public may be referred to staff for a brief response.answers or for later comment or action, if appropriate.
Pursuant to Government Code Section 54954.3 (c), the City Council shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.
Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Mayor may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. After the meeting room has been cleared, the Mayor may readmit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Pursuant to Government Code Section 54957.95, the Mayor may cause the removal of any individual for disrupting the meeting subject to the following rules:
(1) Prior to removing an individual, the Mayor shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal.
(2) The Mayor may then cause the removal of the individual if they do not promptly cease their disruptive behavior.
(3) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (4) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
(5) If there has been a use of force or a true threat of force, there is no obligation for the Mayor to provide a warning to the individual before causing the individual to be removed from the meeting.
DELETE EXISTING
4. Oral Communications
These are communications from the public on matters not on the agenda, but within the subject matter jurisdiction of the City, and may also address matters on the Consent Agenda.
Persons who wish to address the Council shall use the microphone and are asked to state their name. It is helpful if speakers also indicate the subject matter of their comments. (Note: Even if a speaker refuses to state his or her name or the subject matter of the comment, the speaker shall not be denied the right to speak.) Accommodations will be made for persons with disabilities.
The Mayor shall stop any speaker if he/she deviates from the appropriate subject matter. Under no circumstances shall the Mayor permit a speaker to personally attack any individual.
Communication to the Council under Oral Communications will be received without comment while the public comment period is open. When public comment is closed, questions from the public may be referred to staff for answers or for later comment or action, if appropriate.
Public comment may be excluded if it causes actual disturbances or impedes the meeting and the Mayor first warns the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal.
Consent Agenda
The Consent Agenda deals with routine and noncontroversial matters, and may include action on resolutions and second readings of ordinances, provided no public comment is anticipated on those items. The purpose of the Consent Agenda is to make efficient use of available time by considering all routine and non-controversial items under one motion. The Consent Agenda is structured so that any Councilmember, staff, or the public may pull an item for discussion or questions.
A single vote on the Consent Agenda shall apply to each item that has not been removed.
Councilmembers may notify the City Clerk if they want a specific vote or abstention recorded as to any individual item.
The standard elements of the Consent Agenda are:
5. Approval of City Council Meeting Minutes
6. Resolutions
7. Ordinances
8. Reports – Information Only
9. Reports – Requiring Action
10. Meeting Minutes of Commissions, Boards, and Committees When a Councilmember wishes to remove an item the Councilmember will discuss his/her question(s) with staff prior to the meeting in order for staff to research the answer(s), which shall be provided ahead of time to all members (e.g., in the blue folders).
The Mayor will first ask the members of the Council, then members of the public if anyone wants to pull an item from consent. The person pulling the item will simply state the item number and subject.
Unless a specific item is pulled for discussion, the Council shall ordinarily approve all action items or recommendations on the entire Consent Agenda under a single motion.
Council’s vote to approve the Consent Agenda is a direction to staff to proceed with each action as recommended.
Items Removed from the Consent Agenda
The Council shall separately consider and act on each item removed from the Consent Agenda. Such items shall be heard in their normal place on the Regular Agenda. That placement will be noted on each consent item. The discussion format for those items will follow the protocol for the Regular Agenda.
Regular Agenda
The protocol for deliberation on regular agenda items is:
1) The agenda report is presented by staff or other person who prepared the report. The report can be concise yet sufficient to establish context and key facts for the item. 2) Public comment is received, then closed.
3) Council deliberates and takes action as appropriate for the item This protocol explicitly omits the practice of clarifying questions from council prior to opening for public comment. Councilmembers can ask for clarification prior to the Council meeting and can also ask questions during the council deliberation phase.
11. Public Hearings
The Public Hearing agenda includes matters for which a public hearing notice was posted or published and for which public comment is anticipated.
12. Unfinished and Ongoing Business
The Unfinished Business agenda shall consist of matters that return to the Council for action, the same matter having been considered at or continued from a prior meeting or are updates or actions for long term and ongoing topics.
13. New Business
The New Business agenda shall consist of matters not previously considered by the Council.
14. Full Presentations
Presentations under this item are those that may exceed five minutes and are made to the Council upon invitation of the Mayor or City Manager. Presentations shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
15. Closed Sessions (if required)
Closed Sessions are held in compliance with the Brown Act. The specific time for any Closed Session may be set at other times at the convenience of Council. The Council may adjourn to Closed Session on any other agenda item if authorized by law, upon advice of the City Attorney.
16. Public Announcement of Action Taken in Closed Session This announcement shall immediately follow any Closed Session.
Adjournment
E. Whenever practical, closed session items are best addressed during a special meeting prior to a regular meeting, as a convenience to the public, beginning at 5:00 pm.
F. All agenda reports recommending Council action shall include the following: title, recommendation, background, justification, and financial impact. Closed session agenda reports shall be confidential pursuant to California Government Code 54963 and PGMC §2.04.080.
Adopted May 2, 2001 - Resolution No.1-025
Amended June 3, 2009 - Resolution No. 9-021
Amended February 3, 2010 - Resolution No.10-014
Amended September 1, 2010 - Resolution No.10-068
Amended November 17, 2010 - Resolution No.10-099
Amended February 2, 2011 - Resolution No. 11-008
Amended January 20, 2016 - by motion of Council
Amended December 20, 2017 - Resolution No. 17-032
Amended September 1, 2021 - Resolution 21-028
ATTACHMENT 6
City of Pacific Grove
Council Policy
Subject Policy Effective Date Page
Order of Agenda for Council
Meetings 000-17 December 20, 2017 Page 1 of 4
A. Council meeting agendas are designed to facilitate the orderly conduct of City business, provide adequate time for the City Council to make informed, deliberative decisions, and provide members of the public an opportunity to present information to the City Council on any matter within the subject matter jurisdiction of the City.
B. This policy establishes the general practice to be followed with respect to the management of agenda items before the City Council. This policy shall not be construed to limit or impair rights of the public as set forth in the Ralph M. Brown Act, the Public Records Act, or any other provision of law.
C. In the development of a specific meeting’s agenda, the City Manager may adjust this order, when warranted. The Mayor and Council may also adjust the order in which matters are considered at the meeting. Deviation from the order of the agenda set in this policy, by itself, shall not provide a basis to reverse or invalidate any action of the City Council.
D. The standard order of the City Council agenda shall be as follows:
Call to Order
Pledge of Allegiance
1. Approval of the Agenda
Councilmembers shall have an opportunity to request changes to the order of items, to postpone items to a future meeting, or to add new matters in accord with the emergency or urgency requirements set forth in the Government Code.
2. Presentations
Presentations shall be made on behalf of the City to persons or organizations, and/or brief presentations (not to exceed 5 minutes, each) made to the Council by others upon approval of the City Manager. Presentations shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
3. Council and Staff Announcements
Announcements shall be limited to City-related items and shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer
matters to staff for consideration on a future agenda.
Report out of any closed session held prior to the Regular meeting will be provided as the first announcement.
4. Public Comment
These are comments from the public on matters that are on the agenda (including the Consent Agenda) as well as for matters not on the agenda during Oral Communications which are within the subject matter jurisdiction of the City.
Persons who wish to address the Council shall use the microphone and are asked to state their name. It is helpful if speakers also indicate the subject matter of their comments. (Note: Even if a speaker refuses to state his or her name or the subject matter of the comment, the speaker shall not be denied the right to speak.) Accommodations will be made for persons with disabilities.
Public comment shall be limited to three minutes per speaker for each item on the Agenda.
For Oral Communications, each speaker shall be limited to three minutes.
In the discretion of the Mayor, the length of the public comment on an item on the Agenda may be reduced to lower than three minutes when appropriate based on the number of speakers for an item and/or the Mayor may limit the total time for public comment on an item on the Agenda.
Communication to the Council under Oral Communications will be received without comment while the public comment period is open. When public comment during Oral Communications is closed, questions from the public may be referred to staff for a brief response.
Pursuant to Government Code Section 54954.3 (c), the City Council shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.
Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Mayor may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. After the meeting room has been cleared, the Mayor may readmit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Pursuant to Government Code Section 54957.95, the Mayor may cause the removal of any individual for disrupting the meeting subject to the following rules:
(1) Prior to removing an individual, the Mayor shall warn the individual that
their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal.
(2) The Mayor may then cause the removal of the individual if they do not promptly cease their disruptive behavior.
(3) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (4) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
(5) If there has been a use of force or a true threat of force, there is no obligation for the Mayor to provide a warning to the individual before causing the individual to be removed from the meeting.
Consent Agenda
The Consent Agenda deals with routine and noncontroversial matters, and may include action on resolutions and second readings of ordinances, provided no public comment is anticipated on those items. The purpose of the Consent Agenda is to make efficient use of available time by considering all routine and non-controversial items under one motion. The Consent Agenda is structured so that any Councilmember, staff, or the public may pull an item for discussion or questions.
A single vote on the Consent Agenda shall apply to each item that has not been removed.
Councilmembers may notify the City Clerk if they want a specific vote or abstention recorded as to any individual item.
The standard elements of the Consent Agenda are:
5. Approval of City Council Meeting Minutes
6. Resolutions
7. Ordinances
8. Reports – Information Only
9. Reports – Requiring Action
10. Meeting Minutes of Commissions, Boards, and Committees When a Councilmember wishes to remove an item the Councilmember will discuss his/her question(s) with staff prior to the meeting in order for staff to research the answer(s), which shall be provided ahead of time to all members (e.g., in the blue folders).
The Mayor will first ask the members of the Council, then members of the public if anyone wants to pull an item from consent. The person pulling the item will simply state the item number and subject.
Unless a specific item is pulled for discussion, the Council shall ordinarily approve all action items or recommendations on the entire Consent Agenda under a single motion.
Council’s vote to approve the Consent Agenda is a direction to staff to proceed with each action as recommended.
Items Removed from the Consent Agenda
The Council shall separately consider and act on each item removed from the Consent Agenda. Such items shall be heard in their normal place on the Regular Agenda. That placement will be noted on each consent item. The discussion format for those items will follow the protocol for the Regular Agenda.
Regular Agenda
The protocol for deliberation on regular agenda items is:
1) The agenda report is presented by staff or other person who prepared the report. The report can be concise yet sufficient to establish context and key facts for the item. 2) Public comment is received, then closed.
3) Council deliberates and takes action as appropriate for the item This protocol explicitly omits the practice of clarifying questions from council prior to opening for public comment. Councilmembers can ask for clarification prior to the Council meeting and can also ask questions during the council deliberation phase.
11. Public Hearings
The Public Hearing agenda includes matters for which a public hearing notice was posted or published and for which public comment is anticipated.
12. Unfinished and Ongoing Business
The Unfinished Business agenda shall consist of matters that return to the Council for action, the same matter having been considered at or continued from a prior meeting or are updates or actions for long term and ongoing topics.
13. New Business
The New Business agenda shall consist of matters not previously considered by the Council.
14. Full Presentations
Presentations under this item are those that may exceed five minutes and are made to the Council upon invitation of the Mayor or City Manager. Presentations shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
15. Closed Sessions (if required)
Closed Sessions are held in compliance with the Brown Act. The specific time for any Closed Session may be set at other times at the convenience of Council. The Council may adjourn to Closed Session on any other agenda item if authorized by law, upon advice of the City Attorney.
16. Public Announcement of Action Taken in Closed Session This announcement shall immediately follow any Closed Session.
Adjournment
E. Whenever practical, closed session items are best addressed during a special meeting prior to a regular meeting, as a convenience to the public, beginning at 5:00 pm.
F. All agenda reports recommending Council action shall include the following: title, recommendation, background, justification, and financial impact. Closed session agenda reports shall be confidential pursuant to California Government Code 54963 and PGMC §2.04.080.
Adopted May 2, 2001 - Resolution No.1-025
Amended June 3, 2009 - Resolution No. 9-021
Amended February 3, 2010 - Resolution No.10-014
Amended September 1, 2010 - Resolution No.10-068
Amended November 17, 2010 - Resolution No.10-099
Amended February 2, 2011 - Resolution No. 11-008
Amended January 20, 2016 - by motion of Council
Amended December 20, 2017 - Resolution No. 17-032
Amended September 1, 2021 - Resolution 21-028
City Council
City of Pacific Grove
Scope of Public
Comments
February 1, 2023 Brian A. Pierik, City Attorney 1
4. Public Comment Oral Communications
These are commentscommunications from the
public on matters that are on the agenda
(including the Consent Agenda) as well as for
matters not on the agenda during Oral
Communications General Public Comment
which are, but within the subject matter
jurisdiction of the City., and
may also address matters on the Consent Agenda.
February 1, 2023 Brian A. Pierik, City Attorney 2
February 1, 2023 Brian A. Pierik, City Attorney 3
• Public comment shall be limited to three
minutes per speaker for each item on the
Agenda. For Oral Communications General
Public Comment on matters not on the
Agenda, each speaker shall be limited to three
minutes.
Communication to the Council under Oral
Communications will be received without comment
while the public comment period is open. When
public comment during Oral Communications
General Public Comment is closed, questions from
the public may be referred to staff for a brief
response.answers or for later comment or action, if
appropriate.
February 1, 2023 Brian A. Pierik, City Attorney 4
City Council
City of Pacific Grove
Questions?
February 1, 2023 Brian A. Pierik, City Attorney 5
Agenda No. 12 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Megan McKenna BNRC Commisioner
MEETING DATE: February 1, 2023
SUBJECT: Climate Action and Adaptation Planning
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Request that the City Council prioritize and initiate Climate Action and Adaptation Planning in 2023 tied to Council goals.
1. 2. Seek the services of a consultant to develop and produce a Climate Action and Adaptation Plan.
3. Establish a Council subcommittee on Climate Action and Adaptation Planning.
DISCUSSION
The City of Pacific Grove’s Beatification and Natural Resources Commission (BNRC) has a goal to develop a Climate Action and Adaptation Plan (CAAP). The BNRC formed a subcommittee to develop a plan moving forward. The subcommittee referenced Carmel-by-the-Sea's recently adopted Climate Adaptation Plan and Climate Action Plan and envisions a CAAP being incorporated into existing City planning documents (Local Coastal Program, General Plan, and Council Policies). The effort will need the support of a qualified consultant for an estimated cost of $85,000. In a future Staff report regarding the General Plan Focused Update, staff will be requesting the services of a consultant with an option to include the develop a CAAP.
Additionally, it is recommended that a subcommittee be formed that includes at least two (2) City Council members, the BRNC climate subcommittee, representatives from other City commissions, City staff from Planning and Public Works Departments, and community members from local organizations and experts. It is anticipated that the committee would meet quarterly.
OPTIONS
1. Do not prioritize and initiate Climate Action and Adaptation Planning,
2. Do not authorize staff to seek the services of a consultant to develop and produce a Climate Action and Adaptation Plan via the General Plan Update and request staff to budget appropriately in the FY23/24 budget to alternatively seek Climate Action and Adaptation Plan consultants through an RFP process.
FINANCIAL IMPACT:
As part of the Focused General Plan Update, an option will be presented to allow an add-on of a As part of the Focused General Plan Update, an option will be presented to allow an add-on of a Climate Action and Adaptation Plan element. The proposed fee for this addition is approximately $85,000. A budget amendment is not being requested at this time. If research determines consulting services are needed, a request to amend the budget will be brought back for consideration. It is anticipated that the General Plan Update will be before the Council at a near-future meeting.
GOAL ALIGNMENT: Not Applicable.
Attachments
Summary of City of Pacific Grove Climate Related Actions and Initiatives Summary of CAAP related planning meetings
PPT
Public Comment
Summary of City of Pacific Grove Climate Related Actions and Initiatives
The City of Pacific Grove has completed many projects to address the climate crisis. While these projects are not part of a formal climate action plan, they highlight the City's commitment to climate action in our community. We wanted to showcase these projects as an initial step in developing a city climate action plan.
Energy Saving
1. LED streetlight upgrade (completed 2018) (project overview)
2. Community engagement to achieve energy efficiency through Heros Program, energy efficiency rebates, guidelines and online resources (city website)
3. Installation of solar street lighting (2021, 2022)
Sustainable Transportation
1. Proposal for electrification of city fleet (began 2015) (example)
2. Installation of electric vehicle charging stations (began 2020) (proposal) Water Conservation
1. Replacement of potable irrigation system to recycled water (2017) (news story)
2. Updated storm water collection system (2018) (Environmental impact Report, SEA website)
3. Rainscape Rebate Program for low impact development projects (city website) Waste Management
1. Reduction of single use plastic bags (2015) (Municipal Code 11.98)
2. Reduction of disposable food service ware (2019) (Municipal Code 11.99)
3. Installation of water bottle refilling stations (2022)
4. Household organic waste collection (2022) (press release) Natural Resources Protection and Restoration
1. George Washington Park restoration and tree planting (began 2019)
2. Shoreline Management Plan (completed 2020) (website)
3. Coastal Wildlife Protection Advisory Committee Report recommendations (proposed 2021) (BNRC agenda)
4. Update Monarch Habitat Management Plan (proposed 2021) (BNRC agenda)
5. Review and update to Trees and Urban Forest Municipal code (initiated in 2022) (BNRC agenda)
Other Related Accomplishments
1. Climate Change Vulnerability Assessment (2015) (document)
2. County of Monterey Greenhouse Gas Inventory (2022) (report) Awards
1. Beacon Platinum Award for reduction GHG emissions (2018-2020) (summary)
2. Beacon Silver Award for sustainability best practice activities (2018), energy savings (2019), and vanguard award (2020) (summary)
3. Storm water capture system awarded Ocean Hero award from Monterey Bay Aquarium (2019) and Project of the Year award from American Public Works Association (APWA) Monterey Bay Chapter (2022)
Summary of CAAP related planning meetings
January 06, 2023
Attendees: Cathy Wooten, Megan McKenna, Chaps Poduri, Luke Coletti, George Fuerst - Discussed recommendations for city council and drafted recommendations to prepare for Feb 1 City Council meeting
December 09, 2022
Attendees: Cathy Wooten, Megan McKenna, Chaps Poduri, George Fuerst, Agnes Martelet (City of Carmel Environmental Compliance Manager)
- Discussed Carmel-by-the-Sea recent Climate Action and Adaptation plan and Ms.
Martelet provided insight on the process, including community engagement November 29, 2022
Attendees: Cathy Wooten, Megan McKenna, Chaps Poduri, George Fuerst - Discussed recommendations to council based on research conducted by MIIS students and meeting with Carmel-by-the-Sea about their process and plan and began drafting recommendations
November 2, 2022
BNRC climate subcommittee (Cathy Wooten, Megan McKenna) presented at the City Council meeting the BNRC Climate Subcommittee recommendation including concept review. Action:
council recommended BRNC take the lead in initial planning and come back to council in 90 days with recommendations.
April 24, 2022
BNRC climate subcommittee submitted initial requests to city staff for the November 2, 2022, City Council meeting.
(1) Commit to initial planning for a Climate Action and Adaptation Plan (CAAP). This would include establishing a budget, projected timeline for planning, implementation, and evaluation, and options to secure funding. To facilitate the initial planning, the subcommittee recommends establishing a committee composed of city staff, elected officials, local business representatives, and members of the public.
(2) Request that CAAP be integrated into the updates to the General Plan. (3) Develop a website that summarizes actions the city is taking towards climate action planning with the purpose of learning from what we have already done in our community. This would expand on the list initially presented by the BRNC and could expand to include a survey of city departments on what they are doing that addresses climate change.
April 24, 2022
BRNC Commissioner Colleen Ingram connected with the Community Planning Dept. on CAAP and the General Plan to inquire about CAAP to be considered in the updates of the General Plan for the City. It was announced to council on August 17, 2022, by Community Development Director Anastacia Wyatt that the planning and preparation of a General Plan update was underway.
April 19, 2022
BRNC regular meeting included an item to review of the draft of concept review on CAAP.
Action: BRNC approved the document and forwarded it to council for review and commitment to climate action planning. Approved 6-0.
February 2022
BNRC climate subcommittee began researching and drafting a plan of action for the city of Pacific Grove. The subcommittee reviewed plans from other cities, attended community meetings for Monterey County CAAP, and met with council members Poduri and Tomlinson.
The subcommittee decided to proceed with a concept document to present to the city council after review and approval by BNRC.
February 1, 2023
Agenda item 12A: Climate Action -Addressing both social systems and ecosystems
Dear Mayor Peake and Council Members,
At this year’s EcoFarm hosted at Asilomar, Paul Hawken was a keynote speaker who discussed the importance of regenerative farming to heal the planet. Paul Hawken is an environmentalist that has written 8 books that have been published in 30 different languages in over fifty countries. His latest book is titled Regeneration: Ending the Climate Crisis in One Generation. He breaks down the work needed into 6 frameworks.
The first framework reads:
“EQUITY. This comes first because it encompasses everything. All that needs to be done must be infused by equity. Fairness is about social systems—how we treat one another, how we treat ourselves, and how we treat the living world. The planet has been transformed in a blink of an eye.
If we are to transform the climate crisis, we need to transform ourselves, and we had best not blink. Time is of the essence. Social systems require the same level of care, attention, and kindness as ecosystems. they are incomparable yet inseparable. the state of the environment accurately reflects the violence, injustice, disrespect, and harm we do to people of different cultures, beliefs, and skin color. As Jane Goodall points out in her forward, you save forests and species by helping to create better lives for people”.
Please remember this advice with every step of our city’s climate action planning process.
Thank You,
Colleen Ingram
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: Chaps Poduri, Councilmember
MEETING DATE: February 1, 2023
SUBJECT: Council Alternates for Regional and State Agencies and Associations CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Council appoint alternate for TAMC.
2. Council review and appoint alternates to any other regional agency/association with unfilled alternate representatives.
DISCUSSION
The Transportation Agency of Monterey County (TAMC) requires member cities to have at least one alternate representative to the Board. Pacific Grove does not have an alternate for TAMC today. Suggest Council appoint one alternate to TAMC.
AB2449 comes into effect in March. This bill has complex and restrictive procedures to decide what a quorum constitutes with an emphasis for in-person meetings. Suggest the Council review at this time if additional/unfilled alternates are needed for any other regional body/pool.
OPTIONS
1. Accept recommendation
2. Provide alternative direction
FINANCIAL IMPACT:
None.
GOAL ALIGNMENT: Not Applicable.
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: Sandra Kandell, City Clerk
MEETING DATE: February 1, 2023
SUBJECT: Goal Setting Subcommittee
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Discuss and appoint a City Council Goals ad hoc subcommittee for a specified time period to assist Council with finalizing goal language and establishing goal priorities.
DISCUSSION
At the Council’s Goal Setting meeting on January 25, 2023, Facilitator Wendy Sommer recommended Council form a subcommittee to assist with finalizing goal language and establishing goal priorities.
City Council is responsible for establishing collective goals, providing staff with clear policy direction while allowing staff to develop and carryout the work plan to achieve those goals.
A subcommittee will provide for a more efficient and expeditious process towards the ultimate approval of the 2023-24 City Council goals. From the “Recap & Next Steps” slide of Ms. Sommer’s presentation (attached) at the January 25, 2023 Council Goal Setting meeting:
Recap & Next Steps
Subcommittee of Council:
• Finalize language and list of priorities
Staff:
• Develop Work Plan Draft, including deliverables, milestones, timeline Council:
• Review Draft Work Plan
• Adopt Work Plan
• Final Step: Work Plan incorporated into City’s operating budget and CIP Staff:
• Regular progress updates & amendments
OPTIONS
OPTIONS
N/A
FINANCIAL IMPACT:
There is no fiscal impact to form an ad hoc subcommittee.
GOAL ALIGNMENT: Not Applicable.
Attachments
Goal Setting PPT
City Council Meeting
January 25, 2023
Wendy Sommer
City of Pacific Grove
Council Goal Setting
• Introductory Comments
• Background
• Council Questions
• Public Comment
• Goal Setting, Refine Policy Areas
• Priorities
• Break
• Recap
• Approve Next Steps
2 Meeting Agenda
• City Council responsible for establishing collective goals, providing staff with clear policy direction, while allowing staff to develop and carry out the work plan to achieve those goals.
• City Manager and staff is accountable for developing a detailed work plan based on the policy guidance, and
recommending resources needed.
• Public to provide input.
3 Roles & Expectations
• Three priority categories of goals:
• Mandated
• Operational
• Council/Community Initiatives
4 Process for Tonight
• Interviews conducted with all Council Members, the Mayor and City Manager
• Three areas of policy consensus emerged
• Environmental Stewardship
• Improved Infrastructure Maintenance
• Enhanced Recreation Programs
5 Findings
LEADERSHIP We strive to uphold the highest work ethic, treat everyone fairly, empower people to do their best, promote continuous improvement, foster teamwork, communicate openly and respectfully so as to achieve trust and accountability throughout our community.
INCLUSIVENESS We cultivate an environment of trust and respect for all residents and visitors alike. We strive to ensure that our actions are inclusive and reflective of the diverse community of which we aim to be.
INTEGRITY We safeguard public trust through honest business practices and open communication. Our credibility with the public depends on our strong ethical stewardship of all resources.
COLLABORATION We promote transparent engagement with citizens and stakeholders and expect our managers and consultants to understand the needs and values of our community.
STEWARDSHIP We protect our unique natural environment and the habitat it provides. We facilitate a culture of sustainable practices. We maintain and preserve our municipal assets.
6 Core Values
• Identify Council subcommittee to finalize goal language • Staff
• Translate the Council’s goals into actionable steps
• Identify major milestones and timelines
• Provide recommendations on budgetary resources and/or constraints
• Workplan to be will be presented at subsequent regular meeting for Council review and approval
7 Next Steps
Questions?
Public Comment
January 25, 2023
VISION STATEMENT:
• Pacific Grove will thoughtfully grow as an inclusive seaside community that protects residential character, historic resources, promotes multi-beneficial development, and
ensures respect for the environment.
MISSION STATEMENT:
• Deliver quality professional public services to all residents in the Pacific Grove community and the region, while
ensuring high value and quality results.
10 Vision and Mission
• Be present
• Listen with curiosity rather than judgment
• Assume good intentions
• Appreciate feedback
• Recognize common interest and value different views
• Support collaboration – collective wisdom
11 Engagement Agreements
• Limit discussion to high-level policies and initiatives, not day-to-day operations, not “how to’s”
• Initiatives and activities presented are reflections of what came up during interviews - can be modified, added or
deleted
• Don’t worry about exact wording
12 Discussion Guidelines
Goal Setting
Discussion
January 25, 2023
• If everything is a priority, nothing is a priority
• Dot exercise – reaching consensus
14 Priorities
Break
January 25, 2023
Subcommittee of Council:
• Finalize language and list of priorities
Staff:
• Develop Work Plan Draft, including deliverables, milestones, timeline Council:
• Review Draft Work Plan
• Adopt Work Plan
• Final Step: Work Plan incorporated into City’s operating budget and CIP
Staff:
• Regular progress updates & amendments
16 Recap & Next Steps
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: Luke Coletti, Councilmember
MEETING DATE: February 1, 2023
SUBJECT: Council Access to City Committee Email Groups
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Direct the City Attorney to prepare a Resolution amending Council Policy 000-5 to implement the proposed policy (see Attachment #1).
DISCUSSION
There is no City Council Policy governing who belongs to City Committee Email Groups.
City Staff limits Email Group access to the following: members of the City Committee, the City Council Liaison, the Mayor, the City Manager, the City Staff Liaison, and the City Attorney (Planning Commission only).
The proposed amendment to City Council Policy 000-5 would implement the following:
Council Access to Email Groups. Upon request, any member of the City Council shall be allowed to join any City Committee Email Group.
As stated in the City’s Boards, Committees and Commissions (BCC) Handbook the primary function of City Committees is to advise the City Council and City Manager.
Preventing the City Council from receiving email sent to our advisory boards, committees, and commissions limits our ability to understand important issues and their context. Therefore, any member of the City Council should be allowed to join any City Committee Email Group.
OPTIONS
1. Provide other direction.
2. Take no action.
FINANCIAL IMPACT:
None.
GOAL ALIGNMENT: Not Applicable.
Attachments
Public Comment
1 - Redlined Version of Proposed Amendment to CC Policy 000-5 PPT - CM Coletti
PPT - Staff
February 1, 2023
Agenda Item 13A: Deny Council Access to Committee Email Groups.
Dear Mayor Peake and Council Members,
I do not support the recommendation to allow all council members the ability to join on any committee or other advisory board’s email groups because:
1. Boards are designed to advise the council on issues related to the board’s function, and the council liaison’s duty is to report any cross reference of interest between the board and the council that would fall under the duties of the board. For example, a council liaison to the BNRC should report council agenda items about vehicle purchases as they relate to climate actions.
2. Emails addressed to a board are done so intentionally by the public and the council is copied in at the discretion of the sender.
3. Emails should be available to council members when they are made available to the public.
4. To allow council access to emails directed to specific boards will dilute the position of the boards and reduce transparency of communications.
Furthermore, I feel that council members should be prohibited from forwarding emails received by council to members of the boards and commissions for the reasons stated above. When I was on the BNRC, we received 17 forwarded emails in September to accompany the 28 emails that were sent directly to the BNRC. This created confusion and redundancy in communications, and an overwhelming number of emails.
Thank You,
Colleen Ingram
1 CITY OF PACIFIC GROVE, CALIFORNIA
COUNCIL POLICY
SUBJECT POLICY NO. EFF. DATE PAGE
Committee Classification;
Board, Commission, and
Committee Appointments and
Procedures
000-5 February 2, 2011 1 of 3
1. Purpose. This policy establishes standards for: 1) the classification of Council committees; 2) the appointment of board, commission, and committee members; and 3) board, commission, and committee procedures.
2. Classification. The following classification shall be in place to handle the committee and other referral needs of the Council not otherwise subject to the jurisdiction of charter or municipal code boards and commissions:
a. Ad hoc committees. This class of committee shall consist either of citizens only or a mixed group of Council members and citizens. Such committees shall have limited assignments related to temporal issues and shall be expected to complete the assignments within a relatively short time. The Council shall provide a written statement of mission to an ad hoc committee, shall ask that the work of the committee be completed by a certain date, shall advise as to record keeping and form of recommendation and shall provide guidance on legal and practical aspects of proceeding with committee work, including suggested formats for agenda and minutes. Ad hoc committees shall be required to submit summary progress reports to the Council on a regular basis, or at least semiannually. Unless otherwise directed by the Council, ad hoc committees shall designate their chair and vice chair. Ad hoc committees shall be free to request that the Council expand committee missions, i.e. scope of work, but shall make no such changes without specific approval of the Council. b. Standing committees. This class of committee shall consist either of citizens only or a mixed group of Council members and citizens. Assignment(s) shall not necessarily be permanent, but a standing committee may exist to address issues arising more or less continually in an area of interest to the Council. With the exception of the time specific items, the provisions set out in the ad hoc committee section, above, shall apply as well to standing committees. c. Council subcommittees. This class treats the situation where one, two, or three Council members are given direction to perform work/research and to return to the Council with some preassigned product.
NOTE: Staff shall not be named as committee members. Staff’s role is advisory and supportive; naming staff as committee members confuses staff’s relationship and responsibility to assigned committees.
3. Appointment of Board, Commission, and Committee Members. a. Members of charter and municipal code boards and commissions are selected by the Mayor, subject to approval by the Council. Selection shall occur annually at the second regular meeting in January and on an as-needed basis thereafter. The appointment process includes a minimum twoweek notification period, including posting, posting on the City’s web site, and media notices specifying the board(s) or commission(s) having a vacancy, the number of vacancies on each, the 2 term of service, the application process, and the application closing date. The City Clerk shall make available a folder containing all applications for Council examination, and the Mayor's selections for Council approval will be placed on the next available regular meeting agenda following the closing date. If a vacancy arises during a term, and there are one or more active applications for that board or commission on file, appointment can be made from those applications, without re-noticing. This can help avoid a significant disruption in the operations of the board or commission due to extended vacancy. In any event, applications are valid for a maximum of only 12 months. b. When considering appointments to a City Boards or Commissions, Pacific Grove residency and voter registration shall be required.
1. Residency in Pacific Grove is established when all of the following conditions are met: the applicant is registered to vote; the address listed on the applicant’s drivers license; the address where the applicant receives his or her mail; and where the applicant physically resides, combined with the intent to remain there.
2. Should a Pacific Grove resident serving on a City Board or Commission no longer qualify as a Pacific Grove resident under paragraph (b) 1, above, that office shall be vacated.
3. As an exception to the residency requirement set by this paragraph (b), a non-resident may be appointed to the Economic Development Commission, Architectural Review Board, and the Golf Links Advisory Commission Diversity, Equity, and Inclusion (DEI) Task Force. c. With respect to appointment of citizen members of ad hoc committees and standing committees, appointment opportunities shall be announced at a Council meeting and in the media, as appropriate, with a stated closing date that is a least one week before the meeting at which the appointments will be made. If there are not sufficient or appropriate applications, the time limit may be extended and announcements may be repeated. Recommendations shall be invited from everyone with interest or expertise, i.e., Council, staff, board/commission/committee members, and citizens. Recommendations shall be made to the Mayor or the City Clerk. Any interested Council members may review the applications in the Clerk's file. The Mayor shall submit final selections for Council approval on the next available regular meeting agenda following the closing date. d. Membership of boards, commissions, and committees shall not be changed without Council approval.
e. In making appointments to the many bodies referenced in this policy, the Council shall endeavor to distribute the appointments as broadly as possible throughout the city population. Unless a special talent or expertise otherwise dictates, the Council shall not favor appointment of more than one member of a household to a single body. Further, in considering appointments, the Council shall be attentive to the City’s status as an Equal Employment Opportunity (EEO) organization. f. (l) With the exception of charter boards and commissions (which service limitations are set out in the city charter) a citizen member of a body covered by this policy shall not be reappointed to a new term if such reappointment would result in continuous service on the body for more than eight consecutive years. Service for less than a full term shall not be counted in applying the eight-year limit.
(2) Lengths of terms, commencement, and expiration dates of said terms for members of 3 boards, commissions, and committees established by the Municipal Code shall be as provided by the Municipal Code. Expiration dates are staggered, so as to provide continuity. (3) Lengths of terms of standing committee members shall be as provided at the time the Council establishes a standing committee. Said terms shall in any event be set to expire on January 31 of the appropriate year.
(4) Ad hoc committee member terms shall be for the time required for the work of the committee to be completed, as specified by the Council. g. Appointments to outside agencies shall be made by the Mayor subject to approval by the Council.
h. All members shall serve at the pleasure of the Council. The Council, by an affirmative vote of four of its members, may remove any committee member at any time during the member’s term of office (Charter Article 26). Possible grounds for removal are: excessive absences, verbally or physically abusive behavior, and violations of ethics or conflicts of interest.
4. Board, Commission, and Committee Procedures. Charter, municipal code, ad hoc, and standing boards, commissions, and committees shall adhere to standard procedures for notice, conduct of meetings, reporting to the Council, and other matters, as provided in the Boards, Committees and Commissions Handbook, which are attached to and made a part of this policy.
5. Council Review of Board Actions. The City Council shall not “approve” the minutes of any board, commission, or committee; rather the minutes shall be “received.” If there is an item in the minutes that requires actions of the Council, it shall be separately and specifically listed on the Council agenda for action. As set forth in the municipal code (PGMC §23.73.080) the Council, acting at its next regular meeting following a final decision of any board or commission, may “call up” an item acted upon by that board or commission. The vote of three members of the Council shall be required to call an item for review. The action so called shall be reviewed by the Council, de novo, within thirty days of the decision to compel review. Notice of the review shall be provided in the same manner as required for the initial action. The review, by majority vote, may affirm or modify the original decision.
6. Council Access to Email Groups. Upon request, any member of the City Council shall be allowed to join any City Committee Email Group.
Attachments:
Boards, Committees and Commissions Handbook
Adopted: June 17, 1992 Resolution No. 6280
Amended: September 1, 1993 Resolution No. 6361
Amended: March 29, 1996 Resolution No. 6-017
Amended: May 15, 1996 Resolution No. 6-026
Amended: January 8, 1997 Resolution No. 7-001
Amended: February 19, 1997 Resolution No. 7-006
Amended: September 1, 2010 Resolution No. 10-069
Amended: December 1, 2010 Resolution No. 10-103
Amended: February 2, 2011 Resolution No. 11-007
4 Amended: March 6, 2019 Resolution No. 19-003
City Council
City of Pacific Grove
Council Access to
City Committee
Email Groups
February 1, 2023 Councilmember Coletti 1
Council Policy 000-25 (Code of Conduct)
requires the City Council to be: “present,
attentive, and prepared.”
Being prepared means being informed.
Council advisory committees often receive
information and public comments before we
do. We only receive their action minutes.
February 1, 2023 Councilmember Coletti 2
The Mayor is allowed access to all ten City
Committee Email Groups.
Councilmembers are only allowed access to one
City Committee Email Group – the Committee
they are the appointed liaison to.
Preventing Councilmembers from receiving
email sent to 90% of our advisory committees
limits our ability to understand important
issues and their context.
February 1, 2023 Councilmember Coletti 3
The proposed amendment to City Council Policy
000-5 would implement the following:
Council Access to Email Groups. Upon request,
any member of the City Council shall be
allowed to join any City Committee Email
Group.
February 1, 2023 Councilmember Coletti 4
City Council
City of Pacific Grove
End
February 1, 2023 Councilmember Coletti 5
City Council
City of Pacific Grove
BCC Group Emails
February 1, 2023 1
Ben Harvey [email protected] and
Sandra Kandell [email protected]
Council Liaison duties are outlined within the BCC
Handbook:
The Council liaison is not a BCC member and must not:
Participate in Committee Decisions
Influence Committee Decisions
February 1, 2023 2
Ben Harvey [email protected] and
Sandra Kandell [email protected]
City Council / Board Relationship
City Council serves in an appellate role to the City Advisory Boards
Access to Email Groups could present a future conflict:
Council Members may later be required to review and act on Committee decisions or recommendations.
The public has expressed concerns with Council involvement prior to items before the full Council.
February 1, 2023 Author and email address 3
City Council
City of Pacific Grove
Public Comment
February 1, 2023 4
Ben Harvey [email protected] and
Sandra Kandell [email protected]
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: Tori Hannah, Administrative Services Director / Assistant City Manager MEETING DATE: February 1, 2023
SUBJECT: Presentation of the City's New Transparency Software CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the presentation.
DISCUSSION
One of the City Council's Goals and Tactics, included establishing a Council Subcommittee to review financial reporting options, determine the best location to publish or access documents; and identify any changes to the City's existing financial transparency site. On October 20, 2021, Mayor Peake and Council Member Poduri were selected to work with staff to achieve this objective.
At the Council Meeting on February 16, 2022, the Subcommittee provided a summary of meeting dates, results from an online survey, and recommendations. This included a recommendation to transition from the City's current financial transparency site to a new provider, ClearGov. This software package is intended to provide the public with information in an easier to understand and more accessible format.
In addition to providing budgetary and actual financial data, the ClearGov software includes the following features:
Check register with the ability to search by vendor and date; and the capability to download the selected data
Information and status updates on capital projects
Dashboard for tracking the status of Council Goals and Tactics The new transparency site is anticipated to "go-live" on February 3, 2023. It can be accessed from the City's main Finance Department page. If there is sufficient interest, staff can also host a brief Zoom tutorial on the use of the transparency site.
OPTIONS
Provide alternate direction
FINANCIAL IMPACT:
There is no fiscal impact associate with receiving this report.
There is no fiscal impact associate with receiving this report.
GOAL ALIGNMENT: Not Applicable.