AGENDA
Pismo Beach City Council
Wednesday, July 31, 2024
Time Meeting Type Physical Location Virtual Viewing Option 2:00 p.m. Special Meeting 1st Floor Conference Room, City Hall None
0.HYBRID MEETING INSTRUCTIONS:
This meeting is being conducted in person. Ways to participate and submit public comment are provided below.
Watch and participate in person:
•Visit the 1st Floor Conference Room at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. •To make public comment, please be present in the meeting room at the start of the meeting; the Mayor will call for public comment once prior to action taken on this agenda item.
Submit written comment prior to, or during, the meeting:
•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, 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:
•In the event a Council Member participates in this meeting by teleconference under the provisions of Government Code Section 54953(f), public comment will be accepted via Zoom, including by telephone audio, as required by law. However, the timing of a request by a Council Member to participate remotely may not allow sufficient time to post an agenda containing information on how the public may participate via Zoom or telephone. In such instances, the City Clerk or another staff member will orally provide such information at the meeting.
•Meetings may begin a few minutes after the scheduled start time. •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 7-31-2024
Pismo Beach City Council Agenda July 31, 2024
Special Meeting—2:00 p.m.
1st Floor Conference Room, 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: Guthrie, Inman, Newton
2. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item appearing on the agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
3. AGENDA ITEMS
Item 3.A: Parking Advisory Committee Interviews and Appointment (Inderlied)
Recommendation:
1. Conduct interviews of applicants for one vacant seat on the Parking Advisory Committee (PAC);
2. Complete a ballot selecting a preferred candidate for the vacant Parking Advisory Committee seat for the term of August 1, 2024—February 28, 2026.
4. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
5. 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, August 6, 2024 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, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the July 31, 2024 meeting(s) of the Pismo Beach City Council was posted on July 26, 2024, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, 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 Agenda 7-31-2024
Pismo Beach City Council Agenda July 31, 2024
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 7-31-2024
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #3.A
Meeting Date: July 31, 2024
TITLE:
Parking Advisory Committee Interviews and Appointment
RECOMMENDATION:
1.Conduct interviews of applicants for one vacant seat on the Parking Advisory Committee (PAC);
2.Complete a ballot selecting a preferred candidate for the vacant Parking Advisory Committee seat for the term of August 1, 2024—February 28, 2026.
DISCUSSION:
Advisory Bodies are commissions, committees, and boards consisting of volunteer community members appointed by the City Council to review matters within their assigned purview. These bodies report directly to the City Council and receive support from assigned City staff. The City of Pismo Beach has four legislative Advisory Bodies, which hold public meetings that serve as a community forum on the matters assigned to the body, make certain limited decisions, provide feedback to staff on technical matters, and make recommendations to the Council on policy issues.
The legislative bodies, as defined by state law, are subject to the Brown Act and their members are subject to state-mandated training requirements including ethics and harassment prevention. All bodies are subject to the City's Code of Ethics and certain conflict-of-interest regulations; most members file “Form 700” statements of financial interest. Purpose, duties, meeting schedules, and attendance requirements for legislative Advisory Bodies are established by Council-adopted Bylaws, and some Municipal Code provisions also apply.
Most Advisory Body members are required to be Pismo Beach residents; some bodies have provisions for qualified non-resident members. All Advisory Body members are interviewed and appointed by the entire City Council at public Special Meetings.
All Advisory Body seats carry a term of two years, expiring on the last day of February every other year, with no term limits. Terms are staggered so approximately half of each body's seats come up for reappointment each year. This approach is designed to achieve a balance between continuity of experience and diversity of viewpoints. The City Clerk's Office conducts a routine annual recruitment each winter to fill the seats with terms expiring at the end of February. Interviews and appointments are typically conducted by the Council in February, for terms beginning March 1.
On February 13, 2024 and February 21, 2024, the City Council conducted special meetings to interview applicants for all Advisory Body seats that would become vacant as of February 29, 2024. Appointments were made to fill all of the vacancies except one Parking Advisory Committee seat, which has remained vacant since that time. On June Council Agenda 7-31-2024 3.A-1Council Agenda 7-31-2024
18, 2024, the Council directed staff to schedule a special meeting to interview eligible applicants on file for the position. Of the six identified qualified applicants, only two were available and interested in appearing for interviews at this time.
Summary of Direction Sought
Staff recommends that the City Council interview the applicants for the vacant Parking Advisory Committee seat and make an appointment for the remainder of the term, ending February 28, 2026.
Information about current members, term end dates, eligibility, and analysis of any special considerations for the Parking Advisory Committee is provided as Attachment 1.
A schedule of interviews will be provided to the Council on the day of interviews.
Residency Requirements and Verification
Most advisory bodies require that members be a resident of the city of Pismo Beach; some bodies require that a minimum number of members be residents; some bodies require that members either be residents or have some other qualifying characteristic.
Although the City may no longer require Advisory Body Members to be registered to vote in the city in order to be eligible to serve, staff will still attempt to use voter registration as an initial way to verify an applicant’s residency, in cases where residency is a required qualification. If an applicant is registered to vote at an address in Pismo Beach, it will be accepted as prima facie evidence of the applicant’s residency. If an applicant claims residency but is not registered to vote in Pismo Beach, staff will ask the applicant for alternative forms of proof of residency.
The City has no defined policy for verifying the residency of applicants who are not registered to vote in Pismo Beach. Absent direction from the City Council, staff will take an approach similar to that used for verifying the residency of Short-Term Rental applicants. In the alternative, the City Council may provide direction as to the specific documentation that is required, or other approach that should be taken, for verifying residency. In the event the Council wishes to appoint an applicant who is not registered to vote in the city, and the applicant is unable to demonstrate residency, staff may return to the Council with a recommendation to appoint a different applicant to fill the vacancy.
Conclusion and Appointments
At the conclusion of the meeting, the City Clerk will tally and announce the voting results.
The top overall vote-getter will be appointed to fill the available seat. In the event of a tie among two applicants, the Council may choose to conduct a runoff vote among the tied candidates, or the Council may choose another method of resolving the tie.
The Council may opt to appoint individuals appearing for interviews, or opt to appoint individuals not appearing for interviews. If the vacancy remains following this round of interviews and appointments, staff will continue to recruit to fill the vacancy unless Council Agenda 7-31-2024 3.A-2Council Agenda 7-31-2024
otherwise directed, and the Council may direct that interviews of eligible applicants on file be conducted at any future time.
FISCAL IMPACT:
There is no budget impact associated with the appointment or orientation of Advisory Body members. Member stipends, supplies, training, and orientation are addressed in the existing adopted budget.
ATTACHMENTS:
1.PAC Information
Copies of applications for Advisory Body service are available upon request from the City Clerk’s Office.
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 7-31-2024 3.A-3Council Agenda 7-31-2024
1. Advisory Body Interviews: Parking Advisory Committee (PAC)
Eligibility
PAC members shall “have demonstrated interest in, and knowledge of, Pismo Beach parking issues.” In addition, “at least three Members shall be residents of Pismo Beach,” and “no more than two Members may be individuals who are not residents of Pismo Beach, provided they are owners/operators of businesses within Pismo Beach city limits” (Bylaw requirement).
Staff verifies that applicants have at least indicated that they meet the above qualifications, but staff does not assess the sufficiency of their interest in, or knowledge of, parking issues, beyond a facial review of the applications; the City Council determines whether these subjective requirements are satisfied.
Members must be 18 years of age or older. Members must have no felony convictions (PBMC Chapter 2.42), and may not be a City employee, or other City official. Advisory Body Members, and entities in which a member has a financial interest, may not be contractors or vendors to the City.
Current Membership
The table below shows the appointment and term end dates for current members, as well as any currently vacant seats.
First Last Appt. Date Term Ends Notes
Don Day 2/21/2024 2/28/2026 Resident
Robert Horch 2/21/2024 2/28/2026 Eligible Non-Resident
Jack Krasner 2/14/2023 2/28/2025 Resident
Rick Turton 2/14/2023 2/28/2025 Resident
VACANT 2/28/2026
Council Agenda 7-31-2024 3.A-4
Attachment 1
Council Agenda 7-31-2024
Applicants
The table below provides names of applicants who are eligible and have expressed an interest in being considered for PAC service during this recruitment cycle, as of the date of publication of this report. It may be noted: that other eligible individuals with applications on file may not have indicated an interest in being considered during this cycle, and that the Council may consider and appoint individuals not named below.
First Last Notes
David Jewell New Applicant
Bernard Ringer-Britz New Applicant
Analysis and Additional Considerations
There is one Parking Advisory Committee vacancy. Because three resident members are already seated on the committee, the applicant appointed to fill the vacancy may be either a resident or an eligible non-resident.
Recommendation and Voting
Staff recommends that the City Council conduct interviews of applicants for one Parking Advisory Committee vacancy for a term ending February 28, 2026, and complete the ballot provided at the back of the interview materials binder, selecting a preferred candidate for the available seat.
The Council may choose to:
1. Appoint an applicant appearing for an interview;
2. Appoint an applicant not appearing for an interview;
3. Appoint any other qualified individual in absentia;
4. Choose to leave the seat unfilled, and direct staff to either conduct a targeted recruitment for the vacancy, or allow the vacancy to remain indefinitely.
Council Agenda 7-31-2024 3.A-5
Attachment 1
Council Agenda 7-31-2024
Copies of applications for Advisory Body service are available upon request from the City Clerk's office at 805-773-4657 or by emailing City Clerk Erica Inderlied at [email protected].
Council Agenda 7-31-2024 3.A-6
Attachment 1
Council Agenda 7-31-2024