TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Liza Tamura, City Clerk
Martha Alvarez, Assistant City Clerk
Breana Contreras, Deputy City Clerk
SUBJECT:Title
Consideration of a Vacancy on the Planning Commission and Direction to the City Clerk to Defer Appointment Until the 2026 Annual Boards and Commissions Interview and Appointment Process (Budgeted)
(City Clerk Tamura).
A) DECLARE VACANCY ON THE PLANNING COMMISSION
B) DEFER APPOINTMENT UNTIL 2026 ANNUAL BOARDS AND COMMISSIONS INTERVIEW AND APPOINTMENT PROCESS
Body
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RECOMMENDATION:
Staff recommends that the City Council: a) declare vacant Planning Commission Member-At-Large Seat No. 2; and b) defer appointment until the 2026 annual Boards and Commissions interview and appointment process.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. Should the City Council direct staff to recruit now, funds have been allocated accordingly to conduct outreach.
BACKGROUND:
The Planning Commission consists of five members-at-large. The Commission meets on the second and fourth Wednesdays of each month and is responsible for long-range planning activities, including major use permits, commercial planned development permits, zone changes, code amendments, and modifications to long-range planning documents, including the City’s General Plan and Local Coastal Plan.
Per the Boards and Commissions Handbook, commissioners are permitted three absences within a year (June 1 - May 31). Upon the fourth absence, the commissioner automatically forfeits the seat, and a formal letter of resignation is requested. If no resignation letter is submitted within 14 days, the seat is deemed vacant. This policy applies to all meeting types, including Regular, Adjourned, Joint, and Special meetings.
Commissioner Dillavou accumulated four absences during the current attendance cycle. In accordance with the Boards and Commissions Handbook, the City Clerk’s Office requested a formal letter of resignation; however, no letter was received within the required 14-day period. Pursuant to the Handbook’s attendance and forfeiture provisions, Planning Commission Member-At-Large Seat No. 2 is now deemed vacant.
Per the Boards and Commissions Handbook, a commissioner who forfeits their seat due to excessive absences may appeal the forfeiture to the City Council in writing. Commissioner Dillavou did not submit an appeal for City Council consideration within the required timeframe.
DISCUSSION:
The term for Planning Commission Seat No. 2 is set to expire on May 31, 2027. Members appointed to fill a vacancy with less than 18 months remaining in the term are automatically reappointed to a three-year term without additional City Council action, June 1, 2027 - May 31, 2030.
Historically, the City Clerk’s Office declares vacancies and conducts public outreach for interested candidates to fill unscheduled vacancies. When a vacancy occurs, a special notice is posted in the City Clerk’s Office and other locations as directed by the City Council within 20 days of receiving notice of the vacancy.
During the 2025 annual Boards and Commissions appointment process, there were no vacancies on the Planning Commission; therefore, staff did not solicit or receive applications for Planning Commission seats. In prior years, when mid-year vacancies occurred, staff relied on the pool of applicants who were not appointed during the annual process. Because no Planning Commission vacancies existed in 2025, no applicant pool is available for staff to draw from at this time.
For this reason, staff recommends that the appointment to fill Planning Commission Seat No. 2 be deferred to the 2026 annual Boards and Commissions interview and appointment process.
The City Council may select one of the following options:
OPTION 1:
Declare the seat vacant and defer appointment to the annual Boards and Commissions process. This process began on Thursday, January 8, 2026, and will close on Thursday, April 16, 2026, at 5:00 PM. Interviews are scheduled for April 28, 2026, with appointments to occur on Tuesday, May 5, 2026. The seat would remain vacant until June 1, 2026, when the newly appointed commissioner begins their term.
If the City Council approves this recommendation, staff will update the Beach Reporter advertisement to include the additional Planning Commission Seat No. 2 vacancy, along with the three additional vacancies scheduled for 2026.
OPTION 2:
Direct the City Clerk to conduct immediate public outreach and advertise the vacancy. Applications would be accepted from Wednesday, January 21, 2026, through Friday, February 20, 2026, at 4:00 PM. Due to previously scheduled meetings, interviews would occur on Friday, February 27, 2026, with appointments on Tuesday, March 3, 2026.
Because this timeline is close to the annual Boards and Commissions process, staff continues to recommend Option 1.
CONCLUSION:
Staff recommends that the City Council declare vacant Planning Commission Seat No. 2 and direct the City Clerk to defer the appointment to coincide with the annual Boards and Commissions interview and appointment process in April and May 2026.
Alternatively, the City Council may choose to direct the City Clerk to conduct public outreach, accept applications, and for the City Council to appoint in March.
PUBLIC OUTREACH:
After analysis, no public outreach was required for this item at this time. However, if the City Council directs staff to conduct public outreach now, a notice will be published via the Beach Reporter, on City Hall bulletin boards, on the City’s website, the City’s social media channels, and eNotifications to website subscribers.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Boards and Commissions Handbook (Web-Link)
2. Beach Reporter Ad - 2026 Annual Boards and Commissions Vacancies