Item4-_IntroAdvisoryBodiesOrd_090825 — Grover Beach City Council, September 8, 2025

CITY OF GROVER BEACH

CITY COUNCIL STAFF REPORT
Agenda Item No. 4
Placement: Consent
Meeting Date: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
Robert Lomeli, City Attorney
SUBJECT: Introduction and First Reading of an Ordinance to Amend Sections

31.08 and 31.23 of Chapter 31 (Organizations) of Title III (Administration) of the Grover Beach Municipal Code Pertaining to Appointments and Vacancies for the Planning Commission and Parks, Recreation and Beautification Commission; and Resolution Modifying the Composition of the Citizen Oversight Committee for City Revenue Measures into a Citizen Oversight Committee for Transaction and Use Tax Revenue Measures and a Citizen Oversight Committee for Revenue Measure K-14

RECOMMENDATION
1) Conduct a first reading, by title only, and introduce an ordinance to Amend Sections

31.08 and 31.23 of Chapter 31 (Organizations) of Title III (Administration) of the Grover Beach Municipal Code (GBMC) pertaining to appointments and vacancies for the Planning Commission and Parks, Recreation and Beautification Commission; and 2) Adopt a resolution to modify the composition of the Citizen Oversight Committee for City Revenue Measures into two separate advisory bodies; a five-member Oversight Committee for Transaction and Use Tax Revenue Measures and a three-member Oversight Committee for Revenue Measure K-14; and 3) Schedule a hearing at the next regular meeting to provide a second reading and adopt the ordinance.

BACKGROUND
The City currently has three advisory bodies established by the City Council: Planning Commission, Parks, Recreation and Beautification Commission and Citizen Oversight Committee for City Revenue Measures. The Planning Commission is authorized to grant or deny land use applications submitted to the City along with reviewing and making recommendations to the Council on topics related to the City’s General Plan. The Parks, Recreation and Beautification Commission provides recommendations to the Council on issues involving parks, recreation, Citysponsored special events and beautification efforts. The Citizen Oversight Committee reviews the City’s annual report on sales tax and Measure K-14 revenues and expenditures.

Advisory Body Selection Process
The Planning Commission and Parks, Recreation and Beautification Commission are comprised of five members who are appointed by the Mayor with the Council’s approval as shown in Attachment 1 (Grover Beach Municipal Code (GBMC) Title III, Chapter 31, §§31.02, 31.08 31.20 and 31.23; Resolutions 19-44 and 20-47). In practice, the City accepts applications from Staff Report: Intro to Advisory Bodies Ordinance Page 2 September 8, 2025
interested qualified electors when there is a vacancy and the Mayor convenes an interview panel of their choosing which generally includes an existing member of the advisory body and a Council Member. The Mayor then selects one or more qualified applicant(s) for the vacant Commission seat(s) and the Council is subsequently asked to approve the Mayor’s selection(s) at the next regular Council meeting. This process is unique among cities in the county as several cities have their full Council interview applicants and appoint advisory body members in open session.

On March 10, 2025, staff brought forward a review of the City’s advisory body selection process to receive Council input and direction on whether to continue or modify the City’s current process.

The Council directed staff to return with an ordinance that amends the selection process to receive applications for vacancies in advisory bodies and conduct public interviews at a Council meeting with selection to fill the vacant seat(s) made by a majority vote of the full Council. The ordinance shown in Attachment 2 makes the necessary changes to the GBMC to implement this new selection process. Pending Council’s approval of the first reading and introduction of this Ordinance, a public hearing will be scheduled for the second reading and adoption at the September 22, 2025 meeting.

Reorganization of the Citizen Oversight Committee for City Revenue Measures The City has established several revenue measures over the years that require citizen oversight.

In 2006, Grover Beach voters approved Measure X-06 (Ordinance No. 06-12), which established a 0.5% Transaction and Use Tax. Section 15014 of this ordinance requires the City Council to “appoint a citizen committee to review the annual report, and who will provide a report on expenditures of the revenues generated from the Transaction and Use Tax to the City Council.” Subsequently, in 2014, Grover Beach voters approved Measure K-14 (Ordinance No. 14-05), which authorized the issuance of up to $48 million in general obligation bonds for street improvements. Section 10(c) of this ordinance specifically requires that “A Citizen Oversight Committee composed of three voters of the City of Grover Beach shall be formed and will be charged with an annual review of all Bond proceeds expenditures and an annual report to the City Council regarding their findings as to those expenditures.” Further, in 2020, Grover Beach voters approved Measure F-20 (Ordinance No. 20-10), which amended the Transaction and Use Tax rate though maintained the oversight provisions of the original Transaction and Use Tax ordinance.

Upon review of these voter-approved revenue ordinances (measures), it is important to note that none of them contain specific language clarifying the process by which committee members are to be selected or appointed. Furthermore, with the exception of Measure K-14, which explicitly establishes a three-member committee structure, the other revenue measures contain no language that clarifies or mandates the number of committee members to serve on these oversight bodies. Recognizing this absence of procedural guidance while understanding the intent of voters to establish advisory citizen oversight committees for the revenue measures, the City has applied a limited set of processes necessary to ensure these committees can be created and fulfill their voter-mandated purpose. This limited application extends only to those procedural elements minimally necessary to establish functioning committees, including the appointment process and vacancy procedures used for other City advisory bodies. State law prohibits the City from adopting any additional bylaws, procedures, or modifications to the committees’ purpose beyond what is provided within their enabling ordinances. Any substantive changes to the scope, authority, or mandate of these committees as established in the voter-approved ordinances would require modification through a ballot measure approved by voters during an election. The City’s approach ensures that the will of the public in creating these oversight committees is carried out Staff Report: Intro to Advisory Bodies Ordinance Page 3 September 8, 2025
while respecting the legal boundaries that protect the integrity of voter-approved measures.

To fulfill these requirements, in August 2019, the City Council adopted Resolution No. 19-44, which established a consolidated “Citizen Oversight Committee for City Revenue Measures” (Oversight Committee) that would provide oversight for all approved revenue measures. This resolution specified that the committee would consist of three members from the community who were currently serving on the Measure K-14 Oversight Committee, with vacancies to be filled through the City’s standard process for advisory commissions. Following the approval of Measure F-20 in November 2020, the City Council adopted Resolution No. 20-47 in December 2020, which expanded the Oversight Committee from three to five members. The policy intent of this expansion was to increase public input and community participation in the oversight process for the City’s revenue measures and to mirror the composition of other advisory bodies. While this expansion provided for broader community involvement, it created a discrepancy with the specific requirements outlined in Ordinance No. 14-05 for Measure K-14, which explicitly calls for a threemember oversight committee and outlines specific parameters for the committee structure.

After consideration of all applicable ordinances and resolutions, staff recommended to the Council that the City revert to the Citizen Oversight Committee as a three-member body as established in Resolution No. 19-44, which aligns with the provisions in Ordinance No. 14-05 for Measure K-14 oversight. While the expansion to five members provided additional community input, maintaining the three-member structure ensures strict adherence to the legally binding provisions of Ordinance No. 14-05. This approach would provide consistency with the provisions outlined in the voter-approved Measure K-14 while maintaining efficient oversight of all revenue measures.

This recommendation was shared with the Council at the March 10th meeting. However, the Council provided subsequent direction to staff to instead split the existing Citizen Oversight Committee into two separate bodies: a five-member Oversight Committee for Sales Tax Revenue Measures and a three-member Oversight Committee for Measure K-14. Adoption of the resolution in Attachment 3 will effectuate this change and staff would use a similar selection process for the Oversight Committee members as the Planning and Parks, Recreation, and Beautification Commissions to be consistent pending adoption of the related Ordinance on September 22.

FISCAL IMPACT
There are no funding impacts to this staff report.

ALTERNATIVES
The Council has the following alternatives to consider:
1) Conduct a first reading, by title only, and introduce an Ordinance to Amend Sections 31.08 and 31.23 of Chapter 31 (Organizations) of Title III (Administration) of the Grover Beach Municipal Code Pertaining to Appointments and Vacancies for the Planning Commission and Parks, Recreation and Beautification Commission; and Resolution Modifying the Composition of the Citizen Oversight Committee for City Revenue Measures into a Citizen Oversight Committee for Transaction and Use Tax Revenue Measures and a Citizen Oversight Committee for Revenue Measure K-14; or
2) Provide alternative direction to staff.

Staff Report: Intro to Advisory Bodies Ordinance Page 4 September 8, 2025
Multi-Year Goals
☐ Public Safety and Community Services ☐ Economic Development and Housing ☐ Community Infrastructure ☒ Financial and Organization Sustainability Council Priorities
☐ Water & Wastewater Infrastructure ☐ Community Engagement

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

ATTACHMENTS

1. Current Advisory Body Code Sections and Resolutions

2. Ordinance

3. Resolution

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ORDINANCE NO. 25-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA AMENDING SECTIONS 31.08 AND 31.23 OF
CHAPTER 31 (ORGANIZATIONS) OF TITLE III (ADMINISTRATION) OF

THE GROVER BEACH MUNICIPAL CODE PERTAINING TO

APPOINTMENTS AND VACANCIES FOR THE PLANNING

COMMISSION AND PARKS, RECREATION AND BEAUTIFICATION

COMMISSION
WHEREAS, Grover Beach Municipal Code Article III, Chapter 31, provides selection processes for the Planning Commission and the Parks, Recreation, and Beautification Commission, collectively the City’s “Advisory Bodies” and individually each a City “Advisory Body”; and
WHEREAS, the City Council desires to change the selection process by requiring the full Council to conduct interviews of applicants for vacant Advisory Body seats at a public meeting and select Advisory Body members by a majority vote; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:

SECTION 1. Section 31.08 (“Appointment; Vacancies”) of Chapter 31 (“Organizations”) of Article II (“Administration”) of the Grover Beach Municipal Code is hereby amended to read in its entirety as follows:

Sec. 31.08. Appointment; Vacancies. When a term expires before a new appointment is made, the incumbent shall continue to serve on the Commission until reappointed or replaced. When a vacancy occurs for reasons other than term expiration, the City Council shall appoint a replacement to complete the unexpired portion of the term. However, if the unexpired term is for a period of less than one year, the City Council may appoint a member to serve both the unexpired term and an additional full four-year term. All appointments require a majority vote of the City Council following applicant interviews conducted at a regular or special City Council meeting.

SECTION 2. Section 31.23 (“Appointments”) of Chapter 31 (“Organizations”) of Article II (“Administration”) of the Grover Beach Municipal Code is hereby added to read as follows:

Sec. 31.23. Appointment; Vacancies. When a term expires before a new appointment is made, the incumbent shall continue to serve on the Commission until reappointed or replaced. When a vacancy occurs for reasons other than term expiration, the City Council shall appoint a replacement to complete the unexpired portion of the term. However, if the unexpired term is for a period of less than one year, the City Council may appoint a member to serve both the unexpired term and an additional full four-year term. All appointments require a majority vote of the City Council following applicant interviews conducted at a regular or special City Council meeting.

Attachment 2
SECTION 3. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

SECTION 4. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 5. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.

INTRODUCED at a regular meeting of the City Council held September 8, 2025. PASSED, APPROVED, and ADOPTED by the City Council at a regular meeting held on_________________, on the following roll call vote, to wit:

AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
APPROVED:
__________________________
Kassi Dee, Mayor
ATTEST:
____________________________________
Wendi Sims, City Clerk
APPROVED AS TO FORM:
_____________________________________
Robert Lomeli, City Attorney
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,

CALIFORNIA, MODIFYING THE COMPOSITION OF THE CITIZEN OVERSIGHT

COMMITTEE FOR CITY REVENUE MEASURES TO COMPORT WITH

REVENUE MEASURE ORDINANCE REQUIREMENTS
WHEREAS, in 2006, Grover Beach voters approved Measure X-06 (Ordinance No. 06- 12), which established a 0.05% Transaction and Use Tax, and required the City to “appoint a citizen committee to review the annual report, and who will provide a report on expenditures of the revenues generated from the Transaction and Use Tax to the City Council; and WHEREAS, in 2014, Grover Beach voters approved Measure K-14 (Ordinance No, 14- 05), which authorized the issuance of up to $48 million in general obligation bonds for street improvements and provided that “A Citizen Oversight Committee composed of three voters of the City of Grover Beach shall be formed and will be charged with an annual review of all Bond proceeds expenditures and an annual report to the City Council regarding their findings as to those expenditures.”; and
WHEREAS, in 2020, Grover Beach voters approved Measure F-20 (Ordinance No, 20- 10), which amended the Transaction and Use Tax rate and maintained the oversight provisions of Ordinance 06-12; and
WHEREAS, in 2019, the City Council adopted Resolution 19-44 which established a consolidated “Citizen Oversight Committee for City Revenue Measures”, consisting of three members to provide oversight for all approved revenue measures; and WHEREAS, in 2020, the City Council adopted Resolution 20-47 which expanded the Citizen Oversight Committee for City Revenue Measures from three to five members, creating a discrepancy with the requirements in Ordinance 14-05 for Measure K-14, which explicitly requires a three-member committee; and
WHEREAS, the City Council, at its March 10, 2025 meeting, directed staff to reorganize the Citizen Oversight Committee for City Revenue Measures into two separate bodies; a fivemember Oversight Committee for Transaction and Use Tax Revenue Measures and a threemember Oversight Committee for Revenue Measure K-14, consistent with Ordinance 14-05 NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Grover Beach, California, does hereby establish two advisory bodies for oversight of City revenue measures; a five-member Oversight Committee for Transaction and Use Tax Revenue Measures and a threemember Oversight Committee for Revenue Measure K-14.

On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:

AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
Attachment 3
Resolution No. 25- Page 2
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this ___ day of ___ 2025.

KASSI DEE, MAYOR
Attest:

WENDI B. SIMS, CITY CLERK

Grover Beach City CouncilSeptember 8, 2025

Grover Beach City Council
September 8, 2025