AGENDA
Pismo Beach City Council
Monday, December 12, 2022
Time Meeting Type Physical Location Virtual Participation Option 5:00 p.m. Special Meeting 1 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
0. HYBRID MEETING INSTRUCTIONS:
To continue conducting the people’s business within San Luis Obispo County, State of California, and CDC health and safety guidelines, meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meeting and submit public comment are provided below.
Watch and participate in person:
• Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.
Watch and participate via Zoom:
• Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.
• To make public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
• Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted. • To make public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Submit written comment:
• In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.
Submit voicemail comment:
• Call 805-773-7005 and leave a voicemail before the meeting. Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.
Please note:
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded; these recordings are public record. • Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings. • Phone numbers of voicemail commenters may be visible in the public record along with transcripts.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Council Agenda 12-12-2022
Pismo Beach City Council Agenda December 12, 2022
Special Meeting—5:00 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton
2. PUBLIC COMMENT PERIOD
At this time, members of the public may only comment on an item appearing on the agenda.
Please adhere to the following when addressing the Council:
• Comments will be limited to 3 minutes or less.
• Comments should be directed to the Council as a whole and not directed to individual Council Members.
3. AGENDA ITEMS
Item 3.A: Certification of November 8, 2022 General Election Results (Inderlied)
Recommendation: Adopt a Resolution reciting the fact of the General Municipal Election held on Tuesday, November 8, 2022, declaring the result and such other matters as provided by law.
Item 3.B: Oath of Office for Incoming Mayor and Council Members (Inderlied)
Recommendation: No Council action recommended.
4. RECONVENE & ROLL CALL:
Mayor: Waage
Council Members: Guthrie, Inman, Newton, Reiss
5. AGENDA ITEMS
Item 3.C: Selection of Mayor Pro Tempore For A Two-Year Term (Inderlied)
Recommendation:
1. Nominate at least one Member of the City Council to serve as Mayor Pro Tempore;
2. Conduct a vote on any nominated Members and appoint the Member receiving the highest number of votes to a two-year term, through December 2024.
6. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
Council Agenda 12-12-2022
Pismo Beach City Council Agenda December 12, 2022
7. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, December 20, 2022 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Sheila Rothstein, Deputy City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the December 12, 2022 meeting(s) of the Pismo Beach City Council was posted on December 9, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Sheila Rothstein, Deputy City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).
Council Agenda 12-12-2022
PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #3.A
SUBJECT/TITLE:
CERTIFICATION OF NOVEMBER 8, 2022 GENERAL ELECTION RESULTS RECOMMENDATION:
Adopt a Resolution reciting the fact of the General Municipal Election held on Tuesday, November 8, 2022, declaring the result and such other matters as provided by law.
BACKGROUND:
The San Luis Obispo County Elections Office has completed its canvass (official compilation and validation of results) of the General Election held on Tuesday, November 8, 2022, including the results of Pismo Beach's election of a Mayor and two City Council Members.
In accordance with California Elections Code §§10262—10264, staff recommends that the Council adopt a Resolution (Attachment 1) declaring the results of the Election, as required by law, prior to installing the elected officers. The final Statement of Votes cast for Pismo Beach contests, dated December 7, 2022, is included in Attachment 1.A.
At the time of the election, Pismo Beach had 6,446 registered voters, of whom 4,587, or 71%, cast ballots, compared to 91% in 2020. The City's voters cast 4,329 mail ballots, and 258 ballots at polling stations.
Mayor and City Council Election
The number of votes cast for each candidate was as follows:
For Mayor: Total %
Ed Waage 3,324 100%
For Council Member: Total %
Mary Ann Reiss 2,030 27.50
Stacy Inman 1,772 24.01
Kevin Carl Kreowski 1,597 21.64
Erik Howell 1,384 18.75
Debora Ann Lossing 598 8.10
Ed Waage ran unopposed and has therefore been elected to the office of Mayor. The results show that Mary Ann Reiss and Stacy Inman received the highest and second- highest number of votes, respectively, for the office of City Council Member, and have therefore been elected.
In accordance with Elections Code §10265, following the adoption of the attached Resolution, the City Clerk will administer an Oath of Office to the newly-elected officers, Council Agenda 12-12-2022 3.A-1
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who will then officially commence their terms of office. A Mayor Pro Tempore will then be selected by the Council as part of the following agenda item.
FISCAL IMPACT:
There is no fiscal impact from this request. The City has not yet received an invoice from the County for its election consolidation services, but the cost is anticipated to be within the adopted City Clerk Division budget. Other routine elections-related activities are absorbed by the City Clerk Division budget.
ALTERNATIVES:
1. Request additional information from staff.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Certificate of Results and Statement of Votes Cast Submitted by: Erica Inderlied, City Clerk Meeting Date: December 12, 2022 City Manager Approval:
Council Agenda 12-12-2022 3.A-2
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RESOLUTION NO. R-2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH
OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Pismo Beach, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the San Luis Obispo County Elections Division canvassed the returns of the election and has certified the results, and the excerpt of the results pertaining to the elective offices of the City of Pismo Beach are attached, and made a part hereof as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1.
That the whole number of votes (ballots) cast in the precincts except vote by mail voter ballots was 258; that the whole number of vote by mail voter ballots cast in the City was 4,329; making a total of 4,587 votes (ballots) cast in the City.
SECTION 2.
That the names of persons voted for at the election for Mayor are as follows:
Ed Waage
That the names of persons voted for at the election for Member of the City Council are as follows:
Stacy Inman
Mary Ann Reiss
Erik Howell
Debora Ann Lossing
Kevin Carl Kreowski
Council Agenda 12-12-2022 3.A-3
Attachment 1
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SECTION 3.
That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit A attached.
SECTION 4.
The City Council does declare and determine: That Ed Waage was elected as Mayor for the full term of two years; Mary Ann Reiss was elected as Member of the City Council for the full term of four years; and Stacy Inman was elected as Member of the City Council for the full term of four years.
SECTION 5.
The City Clerk shall enter into the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes (ballots) cast in the City; (2) the names of the persons voted for, if any; (3) for what office each person was voted for; (4) the measure(s) voted upon, if any; (5) the number of votes given at each precinct to each person, and for and against each measure(s); (6) the total number of votes given to each person, and for and against each measure.
SECTION 6.
That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7.
That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 12th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 12-12-2022 3.A-4
Attachment 1
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Council Agenda 12-12-2022 3.A-5
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Precinct Registered
Voters Voters Cast % Turnout
Countywide
Electionwide
513
Polling 766 35 4.57%
Vote by Mail 766 524 68.41%
Total 766 559 72.98%
514
Polling 2,409 111 4.61%
Vote by Mail 2,409 1,505 62.47%
Total 2,409 1,616 67.08%
515
Polling 3,271 112 3.42%
Vote by Mail 3,271 2,300 70.31%
Total 3,271 2,412 73.74%
Electionwide - Total 6,446 4,587 71.16%
Countywide - Total 6,446 4,587 71.16%
Polling 6,446 258 4.00%
Vote by Mail 6,446 4,329 67.16%
STATEMENT OF VOTES CAST
NOVEMBER 8, 2022, GENERAL ELECTION
COUNTY OF SAN LUIS OBISPO
FINAL OFFICIAL ELECTION RESULTS - CITY OF PISMO BEACH CONTESTS 12/7/2022 1:53:11 PMPage: 1 of 4
Council Agenda 12-12-2022 3.A-6
Attachment 1.A
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City of Pismo Beach, Mayor (Vote for 1) **** - Insufficient Turnout to Protect Voter Privacy Precinct Ti
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Countywide
Electionwide
513
Polling 35 766 8 0
Vote by Mail 524 766 172 0
Total 559 766 180 0
514
Polling 111 2,409 49 0
Vote by Mail 1,505 2,409 469 0
Total 1,616 2,409 518 0
515
Polling 112 3,271 30 0
Vote by Mail 2,300 3,271 535 0
Total 2,412 3,271 565 0
Electionwide - Total 4,587 6,446 1,263 0
Countywide - Total 4,587 6,446 1,263 0
Precinct ED
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Countywide
Electionwide
513
Polling 27 27
Vote by Mail 352 352
Total 379 379
514
Polling 62 62
Vote by Mail 1,036 1,036
Total 1,098 1,098
515
Polling 82 82
Vote by Mail 1,765 1,765
Total 1,847 1,847
Electionwide - Total 3,324 3,324
Countywide - Total 3,324 3,324
12/7/2022 1:53:11 PMPage: 2 of 4
Council Agenda 12-12-2022 3.A-7
Attachment 1.A
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City of Pismo Beach, Councilmember (Vote for 2) **** - Insufficient Turnout to Protect Voter Privacy Precinct Ti
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Countywide
Electionwide
513
Polling 35 766 11 0
Vote by Mail 524 766 221 4
Total 559 766 232 4
514
Polling 111 2,409 41 0
Vote by Mail 1,505 2,409 582 6
Total 1,616 2,409 623 6
515
Polling 112 3,271 57 0
Vote by Mail 2,300 3,271 861 10
Total 2,412 3,271 918 10
Electionwide - Total 4,587 6,446 1,773 20
Countywide - Total 4,587 6,446 1,773 20
Precinct ST
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Countywide
Electionwide
513
Polling 10 21
Vote by Mail 203 252
Total 213 273
514
Polling 35 38
Vote by Mail 634 566
Total 669 604
515
Polling 34 48
Vote by Mail 856 1,105
Total 890 1,153
Electionwide - Total 1,772 2,030
Countywide - Total 1,772 2,030
12/7/2022 1:53:11 PMPage: 3 of 4
Council Agenda 12-12-2022 3.A-8
Attachment 1.A
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Precinct ER
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Countywide
Electionwide
513
Polling 9 6 13 59
Vote by Mail 146 56 166 823
Total 155 62 179 882
514
Polling 28 18 62 181
Vote by Mail 467 172 583 2,422
Total 495 190 645 2,603
515
Polling 26 15 44 167
Vote by Mail 708 331 729 3,729
Total 734 346 773 3,896
Electionwide - Total 1,384 598 1,597 7,381
Countywide - Total 1,384 598 1,597 7,381
12/7/2022 1:53:11 PMPage: 4 of 4
Council Agenda 12-12-2022 3.A-9
Attachment 1.A
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #3.B
SUBJECT/TITLE:
OATH OF OFFICE FOR INCOMING MAYOR AND COUNCIL MEMBERS
RECOMMENDATION:
No Council action recommended.
BACKGROUND:
In accordance with California Elections Code §10265, following the certification of official results of the November 8, 2022 General Election by the City Council, the City Clerk will administer an Oath of Office to Mayor-elect Ed Waage and Council Members-elect Mary Ann Reiss and Stacy Inman, who will thereafter officially commence their terms of office.
Certificates of Election will also be distributed to the candidates. No action of the Council is recommended.
FISCAL IMPACT:
There is no fiscal impact from the swearing in of elected officers.
ALTERNATIVES:
None.
ATTACHMENTS:
None.
Submitted by: Erica Inderlied, City Clerk Meeting Date: December 12, 2022 City Manager Approval:
Council Agenda 12-12-2022 3.B-1
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #3.C
SUBJECT/TITLE:
SELECTION OF MAYOR PRO TEMPORE FOR A TWO-YEAR TERM
RECOMMENDATION:
1.Nominate at least one Member of the City Council to serve as Mayor Pro Tempore;
2.Conduct a vote on any nominated Members and appoint the Member receiving the highest number of votes to a two-year term, through December 2024.
BACKGROUND:
In accordance with City Council Resolution R-99-35, the term of Pismo Beach's Mayor Pro Tempore shall be two years, commencing in December of each regular election year immediately following the seating of incoming elected officers. In this way, the Mayor Pro Tempore's term coincides with that of the Mayor.
Additionally, Government Code Section 36801 requires that "the city council shall meet at the meeting at which the declaration of the election results for a general municipal election is made […] and, following the declaration of the election results and the installation of elected officials, choose one of its number as […] mayor pro tempore." The City Council selects the Mayor Pro Tempore, commonly known as Mayor Pro Tem, from among seated Council Members. In accordance with R-99-35, the City Clerk will call for nominations from Members for the appointment of a Mayor Pro Tem, and then, call for a vote upon each. The Member receiving the most votes, and at least a majority of votes, will be appointed Mayor Pro Tem, for a term ending December 2024.
The Council Member who serves as Mayor Pro Tem exercises the same level of legislative power as other members of the Council, however the Mayor Pro Tem will act as presiding officer in the Mayor's absence. In accordance with Pismo Beach Municipal Code Section 2.04.170 B., the Mayor Pro Tem shall be seated to the Mayor's right. In accordance with R-99-35, the Mayor Pro Tem serves at the discretion of the Council and may be removed by a majority vote of the Council at any properly noticed meeting.
FISCAL IMPACT:
There is no fiscal impact from the selection of a Mayor Pro Tempore. The office does not provide any additional compensation to the appointed Council Member.
ALTERNATIVES:
1.Decline to appoint a Mayor Pro Tem; provide alternative direction to staff.
ATTACHMENTS: None.
Submitted by: Erica Inderlied, City Clerk Meeting Date: December 12, 2022 City Manager Approval:
Council Agenda 12-12-2022 3.C-1
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