Buellton City Council
January 13, 2022

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of January 13, 2022– 6:00 p.m.

City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend. Masks are required to be worn at all times. Consistent with Assembly Bill 361, written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at: http://www.cityofbuellton.com/government/cityTV.php Pursuant to AB 361, cities are allowed to hold City Council meetings via teleconferencing and members of the public can observe and address the meeting telephonically or electronically.  Listen to the meeting by calling 1-669-900-6833 (Meeting ID: 829 0815 7645; Passcode:
958165) Via Zoom, click here: (Meeting ID: 829 0815 7645; Passcode: X4FDW4)

CALL TO ORDER
Mayor Holly Sierra

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members Ed Andrisek, Elysia Lewis, John Sanchez, Vice Mayor Dave King, and Mayor Holly Sierra

REORDERING OF AGENDA

PUBLIC COMMENTS
Speaker Slip to be completed and turned in to the City Clerk prior to commencement of meeting. Any person may address the Council on any subject pertaining to City business, including all items on the agenda not listed as a Public Hearing, including the Consent Agenda and Closed Session. Limited to three (3) minutes per speaker. By law, no action may be taken at this meeting on matters raised during Public Comments not included on this agenda. Public Speakers using a translator are allotted a total of six (6) minutes to speak, unless simultaneous translation equipment is used.

City Council Meeting Agenda Page 2 January 13, 2022

CONSENT CALENDAR (ACTION)
The following items are considered routine and non-controversial and are scheduled for consideration as a group. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Members of the Public may speak on Consent Agenda items during the Public Comment period.

1. Minutes of December 9, 2021 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022

3. Monthly Treasurer’s Report – November 30, 2021
(Staff Contact: Finance Director Shannel Zamora)

4. Quitclaim of Expired Water Easement and Acceptance of Water Easement (Buellton Garden Apartments)
(Staff Contact: Public Works Director Rose Hess)

PRESENTATIONS

5. Proclamation Recognizing Human Trafficking Awareness Month

PUBLIC HEARINGS

6. Urgency Ordinance No. 22-01 – “An Urgency Ordinance of the City Council of the City of Buellton, California, Amending the Buellton Municipal Code to Add Chapter 18.14 Pertaining to Urban Lot Splits and to Amend Section 19.02.030 and Add Section 19.02.145 Pertaining to Urban Dwellings (22-ZOA-01)”; and Resolution No. 22-01 – “A Resolution of the City Council of the City of Buellton, California, Adopting Urban Dwelling and Urban Lot Split Configuration Standards and Urban Dwelling Design Standards”
(Staff Contact: Planning Director Andrea Keefer)

COUNCIL MEMBER COMMENTS/ITEMS

WRITTEN COMMUNICATIONS
Written communications are included in the agenda packets. Any Council Member, the City Manager or City Attorney may request that a written communication be read into the record.

COMMITTEE REPORTS
This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto.

City Council Meeting Agenda Page 3 January 13, 2022

BUSINESS ITEMS (POSSIBLE ACTION)

7. Discussion and Approval of Arts & Culture Project Application: Supplement for Completion of the Mural Project
(Staff Contact: Recreation Supervisor Kyle Abello)

8. Discussion of Possible City Regulation Requiring the Use of Natural Gas in New Residential Developments
(Staff Contact: City Manager Scott Wolfe)

9. Discussion on Possible Increase to Mayor and City Council Salary (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT

ADJOURNMENT
The next meeting of the City Council will be held on Thursday, January 27, 2022 at 6:00 p.m.

City Manager Review: SW
Council Agenda Item No.: 1

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of December 9, 2021
City Council Chambers, 140 West Highway 246
Buellton, California

CALL TO ORDER
Mayor Sierra called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Council Members Ed Andrisek, Dave King, Elysia Lewis, Vice Mayor John Sanchez (via Zoom), and Mayor Holly Sierra
Staff: City Manager Scott Wolfe, Staff Assistant Clare Barcelona, Public Works Director Rose Hess, City Attorney Greg Murphy (via Zoom), Finance Director Shannel Zamora (via Zoom), Planning Director Andrea Keefer, Recreation Supervisor Kyle Abello, and Lt. Jeff Greene

REORDERING OF AGENDA
None

PUBLIC COMMENTS
Carl Gregory, spoke in favor of the project on Industrial Way, proposed by Ed St. George.

CONSENT CALENDAR

1. Minutes of November 10, 2021 Special City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022

3. Year 2022 Proposed Calendar of City Council Meetings

4. Monthly Treasurer’s Report – October 31, 2021

City Council Meeting Minutes Page 2 December 9, 2021

5. Ordinance No. 21-03 – “An Ordinance of the City Council of the City of Buellton, California, Pertaining to the Mandatory Organic Waste Disposal Reduction” (Second Reading)

6. Resolution No. 21-16 – “A Resolution of the City Council of the City of Buellton, California, Approving Adoption of the Groundwater Sustainability Plan for the Central Management Area of the Santa Ynez River Valley Groundwater Basin”

7. Resolution No. 21-17 – “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference”

8. Approval of Memorandum of Understanding Relating to Countywide Broadband Strategic Planning

9. Approval of Joint Powers Agreement with Lompoc Valley Medical Center MOTION:

Motion by Council Member King, seconded by Council Member Lewis, approving Consent Calendar Items 1 through 9 as listed.

VOTE:

Motion passed by a roll call vote of 5-0.

Council Member Andrisek – Yes
Council Member King - Yes
Council Member Lewis – Yes
Vice Mayor Sanchez - Yes
Mayor Sierra – Yes

PRESENTATIONS

None

PUBLIC HEARINGS
None

COUNCIL MEMBER COMMENTS/ITEMS

10. Appointment of Vice Mayor for 2022

NOMINATION:

Council Member Lewis nominated Council Member King as Vice Mayor for 2022, seconded by Mayor Sierra. The City Council agreed by consensus to nominate Council Member King as Vice Mayor for 2022.

City Council Meeting Minutes Page 3 December 9, 2021
Council Members Sanchez and Lewis thanked the Buellton Chamber of Commerce and Visitors Bureau for organizing the Winter Fest events.

Mayor Sierra congratulated City Clerk Linda Reid on her 20th anniversary working for the City of Buellton.

Mayor Sierra requested and received Council consensus to bring back an item for discussion regarding signage at the Botanic Garden.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Mayor Sierra announced that she attended the Joint Use Committee meeting and provided an oral report for the record.

Mayor Sierra announced that she attended the Local Agency Formation Commission (LAFCO) meeting and provided an oral report for the record.

Mayor Sierra announced that she attended the Santa Barbara County Association of Governments North County Sub-Regional Committee meeting and provided an oral report for the record.

Council Member Sanchez announced that he attended the Library Advisory Committee meeting and provided an oral report for the record.

Council Member Sanchez announced that he attended the Arts and Culture Committee meeting and provided an oral report for the record.

Council Member Sanchez announced that he attended the Santa Ynez Valley Community Aquatics Foundation Ad Hoc Committee and provided an oral report for the record.

BUSINESS ITEMS

11. Discussion and Approval of Arts & Culture Project Application: Functional Art for the Botanic Garden Wilderness Trail
RECOMMENDATION:

That the City Council consider approving $9,750 to fund the Functional Art for the Botanic Garden Wilderness Trail Project.

STAFF REPORT:

Recreation Supervisor Abello presented the staff report.

City Council Meeting Minutes Page 4 December 9, 2021
SPEAKERS/DISCUSSION:

Karis Clinton, discussed the new Wilderness Trail on the south facing slope at the north end of the Botanic Garden at River View Park and answered questions from the Council regarding the project and the funding request.

Eva Powers, representing the Santa Ynez Valley Botanic Garden, discussed how the benches will represent different views of the Central Coast, including Figueroa Mountain, Gaviota Beach, and the Channel Islands.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Lewis, seconded by Vice Mayor King, approving $9,750 to fund the Functional Art for the Botanic Garden Wilderness Trail Project.

VOTE:

Motion passed by a roll call vote of 5-0.

Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Yes
Mayor Sierra – Yes

12. Consideration of Agreement for the Operation of Zaca Creek Golf Course with Mike Brown
RECOMMENDATION:

That the City Council approve the agreement for Operation of Zaca Creek Golf Course with Mike Brown/Sierra Turf and direct the City Manager to execute the agreement.

STAFF REPORT:

Public Works Director Hess presented the staff report.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

SPEAKERS/DISCUSSION:

Mike Brown, owner of Sierra Turf and operator of Zaca Creek Golf Course discussed the revised agreement and answered questions from the Council.

The City Council discussed the following issues:
 The positive effects of Zaca Creek Golf Course with regard to the community and tourists
 Maintaining the golf course rental fee with Mike Brown

City Council Meeting Minutes Page 5 December 9, 2021
 Maintaining the current green fees
 Continuing City events at the Golf Course and the City covering any losses incurred  Extending the lease for five years with an option to extend for another five years Jeff Greene thanked Mike Brown for his commitment to Zaca Creek Golf Course and stated the Golf Course is a big draw for the City of Buellton.

DIRECTION:

The City Council agreed by consensus to revise the Zaca Creek Golf Course lease agreement and bring it back for Council approval in February, 2022.

13. Approval of AT&T Lease of City-Owned Property
RECOMMENDATION:

That the City Council authorize the City Manager to execute the land lease agreement with AT&T for installation of wireless telecommunication equipment on City-owned property.

STAFF REPORT:

City Manager Wolfe presented the staff report.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed the following issues:
 Safety of wireless communication facilities and meeting federal safety standards  No other wireless carriers are looking for land leases in Buellton at this time MOTION:

Motion by Vice Mayor King, seconded by Council Member Lewis authorizing the City Manager to execute the land lease agreement with AT&T for installation of wireless telecommunication equipment on City-owned property, with a monthly rental fee to the City in the amount of $2,500.

VOTE:

Motion passed by a roll call vote of 5-0.

Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor King - Yes
Mayor Sierra – Yes

City Council Meeting Minutes Page 6 December 9, 2021

14. Appointments to Boards, Commissions, and Committees A. Central Coast Water Authority (CCWA)
B. County Library Advisory Committee
C. Santa Barbara County Association of Governments (SBCAG) D. Air Pollution Control District (APCD)
E. California Joint Powers Insurance Authority (CJPIA)
F. League of California Cities (LOCC) – Voting Delegate G. Buellton Chamber of Commerce Board of Directors (Ex Officio Member) H. Multi-Jurisdictional Solid Waste Task Group
I. Economic Development Task Force
J. City/School District Joint Use Committee
K. Home for Good SBC
L. Association of California Water Agencies/Joint Powers Insurance Authority M. Central Management Area Committee for the Sustainable Groundwater Management Act (SGMA)
N. Central Coast Community Energy (3CE)
The City Council nominated the following Council Members to the following Boards, Commissions, and Committees for 2022:

A. Central Coast Water Authority (CCWA)
Council Member Andrisek
Council Member Sanchez (Alternate)
Vice Mayor King (Second Alternate)
B. County Library Advisory Commission
Mayor Sierra
Council Member Sanchez (Alternate)
C. Santa Barbara County Association of Governments (SBCAG) Mayor Sierra
Council Member Andrisek (Alternate)
D. Air Pollution Control District (APCD)
Mayor Sierra
Council Member Andrisek (Alternate)
E. California Joint Powers Insurance Authority (CJPIA)
Council Member Andrisek
Council Member Lewis (Alternate)
F. League of California Cities (LOCC)
Mayor Sierra (Voting Delegate-Annual Conference)
Vice Mayor King (Alternate Voting Delegate-Annual Conference)

City Council Meeting Minutes Page 7 December 9, 2021
G. Chamber of Commerce Board of Directors (City Liaison Member) Council Member Sanchez
H. Multi-Jurisdictional Solid Waste Task Group
Council Member Sanchez
Council Member Lewis
I. Economic Development Task Force
Mayor Sierra
Vice Mayor King
J. City/School District Joint Use Committee
Council Member Lewis
K. Home for Good SBC (Formerly Central Coast Collaborative on Homelessness) Council Member Sanchez
L. Association of California Water Agencies/Joint Power Insurance Authority Council Member Sanchez
M. Central Management Area Committee for the Sustainable Groundwater Management Act (SGMA)
Council Member Andrisek
Council Member Sanchez (Alternate)
N. Central Coast Community Energy (3CE)
Mayor Sierra
O. Arts & Culture Committee
Council Member Sanchez
DIRECTION:

The City Council agreed by consensus to appoint the Council Members as listed above to the respective Boards, Commissions, and Committees for 2022.

CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report to the City Council.

City Council Meeting Minutes Page 8 December 9, 2021

ADJOURNMENT
Mayor Sierra adjourned the regular meeting at 7:25 p.m. The next regular meeting of the City Council will be held on Thursday, January 13, 2022 at 6:00 p.m. _________________________________
Holly Sierra
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 2

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: January 13, 2022
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022
______________________________________________________________________________

BACKGROUND
Staff is required to submit a check register to the City Council for approval every council meeting for the most recently completed check register (Attachment 1).

The check register for the period 11/27/2021 through 12/31/2021 has been prepared in accordance to Government Code section 37202 and Buellton Municipal Code section

3.08.070. The check register lists all vendor payments for the specified period above, along with claimant’s name, a brief description of the goods or service purchased, amount of demand, check number, check date and the account number(s) associated with each payment.

The total amount of checks, 11/27/2021 through 12/31/2021, and electronic fund transfers issued for the period of 11/27/2021 through 12/31/2021was $2,179,666.57.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2021/22. Cash is available for the payment disbursements of the above liabilities.

RECOMMENDATION
That the City Council review and accept the check register for the period 11/27/2021 through 12/31/2021.

ATTACHMENTS
Attachment 1 – Claims

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: January 13, 2022
Subject: Monthly Treasurer’s Report – November 30, 2021 ______________________________________________________________________________

BACKGROUND
California Government Code Section 53646(b)(3) provides mandatory investment reporting requirements for California public agencies. The attached Treasurer’s Report complies with the State’s reporting requirement.

On June 10, 2021, Council adopted the current Investment Policy per Resolution 21-09 which states the City Finance Director, as the investment officer, must submit monthly reports to City Council to demonstrate that sufficient cash flow liquidity is available to meet the succeeding month’s estimated expenditures.

This Treasurer’s Report is for November 30, 2021. Treasurer’s Reports are presented on a monthly basis.

FISCAL IMPACT
There is no fiscal impact; this report is intended to show the City Council the financial performance of the City’s investment portfolio of idle funds.

RECOMMENDATION
That the City Council receive and file the Treasurer’s Report for the month ending November 30, 2021.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – November 30, 2021

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in November 30, 2021
January 13, 2022
This report presents the City’s cash activity and investment portfolio as of November 30, 2021. The report includes:
1) Cash and investments at November 30, 2021 compared to the prior month;

2) A reconciliation of cash and investments to City ledger balances; 3) All investments managed by the City on its own behalf; 4) Beginning of year fund balance, revenues, expenditures and ending fund balance for each fund at November 30, 2021
The following schedule is a summary of the City’s cash and investments based on recorded value as of November 30, 2021 compared with the prior month.

October 31, 2021 November 30, 2021 $ Change
Cash - Pooled $ 6,827,500.61 $ 7,848,910.28 $ 1,021,409.67 Restricted Cash $ 2,845,308.96 $ 2,284,436.82 $ (560,872.14) Investments held by the City 10,316,598.62 10,315,166.24 $ (1,432.38) TOTAL CASH AND INVESTMENTS $ 19,989,408.19 $ 20,448,513.34 $ 459,105.15 Summary of activity for the Month and Future Liquidity: The majority of the difference in the recorded value for cash held by the City from last month is mainly due to the receipt of September 2021 sales tax, secured property tax revenue, and November 2021 transient occupancy tax revenue.

Restricted cash decreased due to payment to ENGIE for services through November 2021. The value of investments decreased mainly due to interest earned offset with unrealized losses on Certificate of Deposits (CDs). The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.

City of Buellton

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f N o v e m b e r 3 0 , 2 0 2 1
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:

Per Statements: 11/30/2021
Mechanics Bank General Checking 7,835,555.59
Mechanics Bank Money Market 206,916.35
Mechanics Bank FSA 13,051.66
Local Agency Investment Fund 8,653,994.95
Multi-Securites Bank 1,454,254.94
Sterling Bank - Escrow 2,284,436.15
Sterling Bank - Equity 0.67
Total Cash per Statements: 20,448,210.31
Claim on Cash vs. Total Cash Per Statements: 303.03
Outstanding items per System Reconciliation: 303.03
Difference: -
9,628,428.85
3,662,708.40
(696,181.60)
6,770,651.59
(1,436,942.95)
491,491.33
36,174.55
301,907.62
230,689.53
32,880.02
572,635.63
610,416.21
243,654.16
-
-
-
20,448,513.34
7,835,858.62
206,916.35
13,051.66
1,454,254.94
8,653,994.95
2,284,436.15

0.67 20,448,513.34
999-21000 Wages Payable - -
20,448,513.34
TOTAL: Cash in Bank 19,989,408.19 459,105.15
-
TOTAL: Cash in Bank 19,989,408.19 459,105.15
999-10007 Restricted Cash - Sterling Bank Escrow 2,845,308.29 (560,872.14) 999-10008 Restricted Cash - Sterling Bank Equity 0.67 - 999-10004 Pooled Cash - Brokerage 1,455,694.58 (1,439.64) 999-10005 Pooled Cash - LAIF 8,653,994.95 -
999-10002 Pooled Cash - Money Market 206,909.09 7.26
999-10003 Pooled Cash - FSA 12,217.27 834.39
TOTAL CLAIM ON CASH 19,989,408.19 459,105.15

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 6,815,283.34 1,020,575.28 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 605,113.76 (605,113.76)
075-10000 Claim On Pooled Cash 243,654.16 -
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 532,197.93 40,437.70
032-10001 Claim On Pooled Cash 610,416.21 -
027-10000 Claim On Pooled Cash 231,851.40 (1,161.87)
029-10000 Claim On Pooled Cash 32,880.02 -
024-10000 Claim On Pooled Cash 36,174.55 -
025-10000 Claim On Pooled Cash 271,956.20 29,951.42
021-10000 Claim on Pooled Cash (1,436,942.95) -
023-10000 Claim On Pooled Cash 491,491.33 -
006-10000 Claim on Pooled Cash (696,181.60) -
020-10000 Claim On Pooled Cash 6,578,783.88 191,867.71

CLAIM ON CASH
001-10000 Claim On Pooled Cash 8,893,086.45 735,342.40
005-10000 Claim On Pooled Cash 3,594,926.85 67,781.55
Bank Reconciliation - November 2021
City of Buellton, CA
For the Period Ending 11/30/2021
10/31/2021

BALANCE

CURRENT

ACTIVITY
11/30/2021
BALANCE ACCOUNT # ACCOUNT NAME

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f N o v e m b e r 3 0 , 2 0 2 1
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City of Buellton
Investment Summary
November 30, 2021
Currently, short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a high quality investment available in terms of safety, liquidity, and yield. Due to fluctuations in the marketplace, the City may have some investments with a current market value that is greater or less than the recorded value. This difference has no effect on investment yield as the City intends to hold the securities to maturity. However, generally accepted accounting principles require that market gains and losses be reported as interest earnings or losses at year-end.

Percent of
Portfolio Yield
Maturity
Term
Maturity
Date Par Value Market Value
Local Agency Investment Fund - LAIF 84.90% 0.24% n/a n/a $ 8,653,994.95 $ 8,653,994.95 Wells Fargo Bank 2.44% 2.25% 5 yrs. 8/16/2022 249,000.00 252,593.07 Sallie Mae Bank 0.98% 3.20% 5 yrs. 5/9/2023 100,000.00 104,033.00 First Technology Bank Fed Cr Union 1.01% 3.60% 5 yrs. 12/26/2023 103,000.00 109,475.61 First Technology Bank Fed Cr Union 0.98% 3.35% 5 yrs. 2/6/2024 100,000.00 105,982.00 Comenity Cap Bank 1.57% 2.80% 5 yrs. 4/15/2024 160,000.00 168,056.00 Morgan Stanley Bank 0.98% 2.75% 5 yrs. 5/2/2024 100,000.00 104,969.00 Capital One Bank 0.98% 2.00% 5 yrs. 8/21/2024 100,000.00 103,247.00 Morgan Stanley Bank 0.98% 1.90% 5 yrs. 1/23/2025 100,000.00 103,017.00 State Bk India 1.96% 1.60% 5 yrs. 4/29/2025 200,000.00 204,210.00 Sallie Mae Bank 1.18% 0.80% 5 yrs. 7/1/2025 120,000.00 119,146.80 Multi-Securities Bank - Cash in Holding 79,525.46
Money Market (Held with Mechanics Bank) 2.03% 0.20% n/a 206,916.35 206,916.35 Total City Investments 100.00% $ 10,192,911.30 $ 10,315,166.24 Certificates of Deposits (Held with Multi-Securities Bank)

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f N o v e m b e r 3 0 , 2 0 2 1
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The following is a fund balance schedule showing beginning fund balance at July 1, 2021 plus revenues minus expenditures for the period, resulting in ending fund balance at November 30, 2021. Fund balance includes total assets and liabilities of the City.

As required by Government Code Section 53646 (b) (3), the chief officer for the City declares that there is sufficient funds to meet all obligations for the next six months.

Shannel Zamora
Shannel Zamora
Finance Director
Total Expenses November 30, 2021
Balance
3,398,646.88 3,938,649.59 9,119,382.99
531,763.59 434,528.81 3,329,277.31
006 - Wastewater Capital - 130,684.83 86,827.97
020 - Water Fund 1,173,565.81 982,570.60 7,369,493.28
021 - Water Capital - 294,591.28 82,182.78
176.41 - 491,491.33

9.67 - 36,174.55
88,495.31 270,422.86 280,642.62
027 - Local Transportation Fund 1,460.07 10,333.30 232,356.19 029 - Transportation Planning 8.79 2,187.50 (105,338.48) 031 - Measure A 116,014.52 216,227.73 615,545.51
032 - American Relief Act Fund 610,416.21 - 610,416.21
075 - Trust & Agency Fund 65.15 - 10,458.65
090 - Long-Term Debt - - (2,770,355.20)
091 - General Fixed Assets - - 24,869,114.84
1,352,267.33
8,179,717.44 43,710,416.94
24,869,114.84
092 - Capital Improvement Proj Fund - 1,899,520.94 (547,253.61) 44,617,244.64 7,272,889.74
241,229.42
(103,159.77)
715,758.72
-
10,393.50
(2,770,355.20)
376,774.06
023 - Housing Fees 491,314.92
024 - Traffic Mitigation Fund 36,164.88
025 - Gas Tax Fund 462,570.17
001 - General Fund 9,659,385.70
005 - Sewer Fund 3,232,042.53
217,512.80
7,178,498.07
Fund Balance Report
City of Buellton, CA 11/30/2021
Fund July 1, 2021
Balance
Total Revenues

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: January 13, 2022
Subject: Quitclaim of Expired Water Easement and Acceptance of Water Easement (Buellton Garden Apartments)
______________________________________________________________________________

BACKGROUND
During the development review process for the proposed Buellton Garden Apartments project, it was found that an existing water line easement through one of the parcels automatically expired on December 2014 unless abandoned earlier. There are existing public water facilities in this location that have and will continue to be in operation.

In order to facilitate the continued operation and maintenance of the City’s public water system, the owners of the Buellton Garden Apartments have agreed to rededicate a public waterline easement in the same location as the prior easement. To keep a clear title, the City will quitclaim the expired easement, as provided in Attachment 1. The new easement, provided as Attachment 2, will be in perpetuity or until such time that it is no longer required and the City vacates the easement.

FISCAL IMPACT
The action recommended by this agenda item, in itself, will not have any fiscal impact on the City.

RECOMMENDATION
That City Council approve the Quitclaim and accept the Grant of Easement dedications for public water purposes.

ATTACHMENTS
Attachment 1 – Quitclaim Form for Easement No. 90-030701 Attachment 2 – Grant of Easement – Water

C:\Users\rose.COB\Desktop\buellton misc\Attachment 1 - Quitclaim From City.docxRevised August, 2015 Recording Requested by:

CITY OF BUELLTON
When Recorded Mail to:

City of Buellton
P.O. Box 1819
Buellton, CA 93427
Attn: City Clerk
APN: 137-200-0094 SPACE ABOVE THIS LINE FOR RECORDER’S
USE
The undersigned declares that the Documentary Transfer Tax is $__0_____, based on:
[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale. [ ] Unincorporated area
[ x ] No Beneficial Ownership Change
__________________________________________________________________________

QUITCLAIM DEED
CITY OF BUELLTON, a municipal corporation in the County of Santa Barbara, State of California, hereby remises, releases and quitclaims to People’s Self-Help Housing Corporation, all right title and interest the City of Buellton has in that certain real property described in Exhibit A Easement No. 90-030701 recorded on May 7, 1990, which is attached hereto and incorporated herein by reference ("Property").

Dated: January 13, 2022 CITY OF BUELLTON:
_________________________________
Holly Sierra
Mayor, City of Buellton

-
•I • I
••

RECORDING REQUEST BY

AND AFTER RECORDING
RETUPN TO:

Ms. MARY JANE MILLER
Cook, Berryhill, Edwards
& Miller
Post Office Bo~ 2298
Ranta Barbara, CA 93101
90-030701
Recorded
Official Records
County of
Santa Barbara
Ken °8th A Pettit
Racorder
Rec Fee
Total
.oo
.oo
2: 58pn, 7-May-90 BC 5
'!'his Document. p.r.-,·!bt:11tt:d f,:;:.:-
recordinq pursuctnt ta California
Government Code S8~tion 6103
AND
Documentary Transfer Tax: None
ERMA MAWSON (Grantor) does hereby qrant, transfer and convey to the BUELLTUN COMMUNITY SERVICES DIS'rR!:r::•r (Grantet!) a /_Jul l ti<..:ct] subdiv isj 011 of the State of California, for the te:r.rn und subject to '.:he covena;,ts and cond i 1-.: ,-,n...: h~::-cinaft0:i- sP-t forth, a nonexclusive easement for the limited purpose:--.; uf ma1nt.aininy, operating, repairing, replacing and abandoning an existing water well-site, water ripclines and asscciated public utilities on the premises hereinafter described.

Sair! easement shall be located over, under and upon that portion of Tract No. 6 of the Rancho San Carlos De Jonata per Maps anr1, Surveys Book 5, Page 51 in i.he Off .i.<..:e uf the Santa Earbara C0\1 nty Recorder, State of Cal ifu.i.:nia, being a strip of land, 15 feet in width, the centerline of which is descriL~J ~~ [0llu~~; Beg inn i_ng at the northerly end of that certain course shown cts North 18 36 '44 11 West 83. 81 feet in the Easement Deed to tl1e Buellton Community Services District, recorded March 28, 1978, ~~ Instrument Number 78-13485 of Official Records of said cuunty; Thence South 18
beginning;
lU~l.l
3E'44 11 East 78.45 feet to th12 true point of

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-..a
·1
Thence (1), South 55
~hence (2), South 18
16 1 36 11 West 6a.07 feet;
!:>6':,9 11 West 78.00 feet;
The Westerly sideline of said course number (2) to lie adjacent to the Easterly line of that certain parcel of land described in the Quitclaim Deed to thA Eucll~on Community Serviues nlstLlcL recorded De.::e.mber 21, 1981, as Instrument Number 81··51352 of Official Records of said County.

1. All pipelines and 11ril·lt-ir->c:: c:h;:,~_,_ r.>'? m<>;...,-,.,.,;_...,,.,,-1 ~',' ,....,..~M-1-,..,,.., below plow depth.

2. '!'his grant of easement shall automatically terlllinate on December 31, 2014, or upon Grantee's earlier abandonment of the easement, whichever first occurs. Grantee shall be deemed to have abandoned th.:, E:asement if Grantee fails to use the casement for the purposes designated above fa:::- three ( 3) consecutive yea':'.'s. Upou termination of the ease~ent, Grantee chall e~cc~te and deliver to Granter a good and sufficient quit claim deed covering the abovedescribed premi..;es. UpLm termination of the easement, Gn.rntee sh::i.J 1 at GrnntPP' c:: r:-nc:t fo!"th,.-.ri th .,,.,...,.,,,..,,,,.., ~11 cf Cr;:nt;:::' :-:
facilities and installations 2.r,d restore tlw premis0s to its ::!:"i:;i .. ~l c,::;;-,ditlu11 cts nearly as reasonribly practicable.

3. Grantee hereby bJrees to indemnify, defen6 and hold Granter harmless from and against any 6nd ctll claims, demands, causes of ;_;_ction and liabilities (;f every kind ,rnd nature arisinrr out o[ or in dllY wc1y associctted with Grantee's 11sP; 0r:-r:-1 .. tpution or possession of the premises, inc·_udi'7q G:-:-antee' s act.ion or inaction in connection therewith.

4. Grantee hereby waive- the provisions of Coliforn1il Civll Code §§887.050 through 887.070.

5. 'I'his Grant of Easement ar,d Agreement
respective heirs, successor~ nn~ ~sc::~~ns of
is
the
binding
n:-"art- i ~,~ L ., .,__ ,.__ .i • .._.__.

ERMA MAWSO~; GRANTOR
( __ ,,;( ; {
:1pon the
a,L\,.;J.l.:tu.

Dated: )}JnJ;. Jt7 rb I 7 7 0 , ,;.;:; · .. · /·v,,, ( /( /n-,r~ ·; _/ .·· f' //.f'} -z----- ~_::::,L.;_<:...:_·1"-'-~-- ·----· _. - - 2

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On J~/v (_?Jz:A. , 1989 before me, the undersigned a Notary Public in anci for said State, personally appeared ERMA Mi\WSON, personally known to me (Ctt:'-f>·~-o¥0d-.to-~:\G~,a basis of s;..a~~) to be the person whosP. name is subscribed
to the within instrument and acknowledged to me that she executed the f'".ame.
• -:-," l,~ ;,.,-,. ; • ..,, .. ~.; ..:-. '-~ ··• • .-r., \°• • 1:11 :.. I~ ,:· : i f;, ~-, I, · '·· ·• • · ·'
State of. Cctllfornia
County of Santa Barbara (
' ,:m thi.!='· I dav ot/;/ .. ,,<.L . in i:hP YPFll" 1~2.__, before me personally appeared HOW/1.RD HANsn;,r. per.s.ond.J..J.-3/-Jm0w+1-tn me (or proved. to me on the br1H i ~ -=:: .;.-,t_;_"';:-o'-'i..ury ev1dence) to be the person o/ho executed the within instrument as gene1al manager ··· .. 05_1,-.-, the BueJ.lton Col)1munity Services District therGin named and (
'a:{~~31_edged_ to m_:>t;/hat the district exec~~~~ ... i~~---'.~,,.· .- -_ ~·->v ,/'l.1,,1';:. ·:,>(;//. ~,-<';{'.--,-- ;·!':'./_. __ ,... ...... ,-,,.r J, • • 1 •:Ft,!, - ;_{ • ~ :1,..) - - r 1 •: 1•·( 1 t- r.! 'i"-~Cll DS N t ry Pt1b"1. ic ' ,,,,, '.i ::: - c'f,'._li'l-,PNI/\ :i
f~ C ; ; ~ , ' .. ,' }'.'1)0
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2467. 005\gront. pc5 3
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CERTIFICATION CONSENTING TO CONVEYANCP.

TO GOVERNMENTAL AGENCY
'11 H I S I S 'l' 0 CE R '1' I F' Y that the i n t ET E-! s t: i n re a 1 propE-!rty conveyed by the C~ant of Easement ani Agre8ment dated March 10, 1990, from ERMA MAWSON to BUELLTON
COMMUNITY SERVICES • !STRICT, a governmental ayency, is hereby accepted by resolution of th0 undersigned offjcer on behalf of the Doard of Directors of BUELLTON COMMUNITY
s ERV I CE S D I S '11 R l C 'l' on fl p r i I_ 1 8 , _ 1 9 9 0 -------- pursuant to authority confirmed by resolution ot the HU~LLTUW COMMUNITY SERVICES DI S'l'RI C'l', adopted on __ A~p_r_i_l_2_0~._1_9 __ 9_(_1 ___ , a ncl the ~rantee consents to recordation thereof ty its duly authoriZE!d officer.

BY~/ { .. '••· ... (·' (
How A ,...H.,...D-i·i--,----=-\ ,-~ s=-c""1t----!-,. --:cc=--c-• n-. ,:-.• r-_ "'-" -=-1---:-:-M :~ r, ct g Pr BUELLTCN COMMUNITY S~XVIC~~
DI S'l'RlCT

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State of Californ~a )
County of Santa Barbara )ss.

On _____ /\PHIL 3GL 1990 _______ , beforEi me, the
undersigned, a Notary Public in and for said State,
pE!rnona l ly appearE!d HOWARD HANSON, persona 1 l y known to me (01: proved to me on the~ basis of satisfactory E!Vitfonce) to be the person whose nm,1e is subscribed to 1-.hE! wi.tbi11 ~ :-ic tr umc n t: and acknow 1 edged to me that he• cixccL: tE!d t· hr:-• SFITnP, \ le ' , c ) / ' '·.I_/ { / ( . ..( .:_ - N-:::itary Pub 1 i.c

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council
From: Andrea Keefer, Planning Director
Meeting Date: January 13, 2022
Subject: Urgency Ordinance No. 22-01 – “An Urgency Ordinance of the City Council of the City of Buellton, California, Amending the Buellton Municipal Code to Add Chapter 18.14 Pertaining to Urban Lot Splits and to Amend Section 19.02.030 and Add Section 19.02.145 Pertaining to Urban Dwellings (22-ZOA-01)”; and
Resolution No. 22-01 – “ A Resolution of the City Council of the City of Buellton, California, Adopting Urban Dwelling and Urban Lot Split Configuration Standards and Urban Dwelling Design Standards”

BACKGROUND
Senate Bill 9 is one of several bills recently enacted as of January 1, 2022 pertaining to housing in California. Senate Bill 9 in particular has the potential to drastically alter the character of our community.

Senate Bill 9
Senate Bill 9 changed California Government Code Sections 66452.6, 65852.21 and 66411.7 to require ministerial approval of urban lot splits and the development of two residential units per lot in single-family residential zones. SB 9 was part of a slate of bills intended to increase the supply of housing in California and to provide for the development of more affordable housing.

The following is a summary of the new law that went into effect on January 1, 2022.

What it allows:
 One lot can be divided into a maximum of two lots
 Lots must be at least 40 percent the size of the original lot  Minimum size of new lot is 1,200 square feet
 Each lot can have two units
 Each unit can be at least 800 square feet

Urgency Ordinance No. 22-01 Page 2 January 13, 2022
Resolution No. 22-01
Building Setbacks:
 Rear and side setback can be as little as four feet
 No additional setbacks for existing structures
 No additional setbacks for structures replacing existing structures (new structure must be same size and location)
Parking:
 City cannot require more than one parking space per unit  City cannot require any parking if the property is within a 0.5 mile walk of a “major transit stop”
 City cannot require any parking if the property is within 1 block of a car share vehicle
Limitations on Demolition:
 Must not demolish or alter legally restricted affordable housing, housing subject to rent control, or housing occupied by a tenant within the last three years  If the site has been rented in the last three years, cannot demolish more than 25 percent of the exterior walls
Processing Requirements:
 City cannot apply subjective rules, such as traditional design guidelines  Must be approved on a ministerial basis
 No discretion can be used in reviewing applications
 No hearing can be required
Rights of Way & Easements:
 Cannot require dedication of right of way
 Cannot require construction of offsite improvements
 Can require an easement to the public right of way
Other Requirements:
 Cannot be used for short term rentals
 The City is not required to approve an ADU or JADU in addition to the two units per lot if an applicant applies for both the lot split and two residential units  Structures can be attached
 City may require owner to sign affidavit that owner will live on-site for three years  Cannot subdivide in the future as an urban lot subdivision  Same owner cannot subdivide an adjacent site
 City must allow owner to keep non-conforming conditions (e.g. setbacks)

DISCUSSION
In response, Staff has drafted an Urgency Ordinance and a regulatory framework that complies with State Law (SB 9) while preserving the character of the community to the greatest extent allowable under SB 9, and encouraging affordable housing opportunities where possible utilizing the following documents:

Urgency Ordinance No. 22-01 Page 3 January 13, 2022
Resolution No. 22-01
 Urgency Ordinance No. 22-01 (Attachment 1) – Provides all proposed standards set forth, but with recitals to justify the need to adopt these standards given the specific adverse impacts to the community associated with SB 9 upon its effective date of January 1, 2022. The proposed amendments to the Buellton Municipal Code, listing the proposed standards are set forth in the exhibits listed below:
o Exhibit A – Added Municipal Code Chapter 18.14
o Exhibit B – Amended Municipal Code Section 19.02.030, Add Subsection B.15.
o Exhibit C - Added Municipal Code Section 19.02.145
 Resolution No. 22-01 (Attachment 2) - Adopts more detailed design standards and affords the City the flexibility to fine tune, or modify the standards over time. The Resolution makes reference to these standards in two exhibits as follows:
o Exhibit A – Configuration Standards
o Exhibit B – Design Standards
As previously mentioned, there are limits on the discretion a City has with SB 9. Staff has drafted an urgency ordinance that is compliant, but has some local provisions to protect the community. Below are some highlights of additional measures included in the draft urgency Ordinance and Resolution:
 Affordability requirement for some units resulting from an urban lot split  Annual inspection to verify owner living onsite
 No more than 2 units per resulting lot, inclusive of ADUs and JADUs  Tree preservation requirement
 Frontage requirements
 Minimum unit size of 500 square feet
 Maximum unit size of 850 square feet
 Covered parking (enclosed on maximum of two sides) required, but no garage parking allowed for urban dwellings
By adopting the proposed urgency Ordinance and accompanying Resolution under consideration, the City Council will provide the City with additional protection while a permanent ordinance is drafted.

GROUNDS FOR URGENCY ORDINANCE
SB 9 takes effect January 1, 2022. If the City does not adopt an urgency ordinance imposing standards on urban lot splits and urban dwellings, and prohibiting urban lot splits and urban dwellings that do not comply with these standards, the City would be left with no way to regulate these new land uses. As a result, it is necessary to enact an urgency ordinance to protect the public health and safety and the orderly development of land within the City.

Urgency Ordinance No. 22-01 Page 4 January 13, 2022
Resolution No. 22-01
The proposed ordinance is an interim urgency ordinance. It is possible that further revisions may be needed. This interim urgency ordinance will be in effect for 45 days, unless extended following a public hearing pursuant to Government Code section 65858.

During that 45-day period City staff will prepare a written report that will be available to the public 10 days before the City Council’s public hearing.

It is anticipated that a regular ordinance that reflects any needed revisions will be brought back before the Planning Commission for public hearing and recommendations to City Council for adoption in the coming months.

GENERAL PLAN CONSISTENCY
Staff has determined that the proposed Amendments are consistent with the General Plan, the requirements of state planning and zoning laws, and Title 19 of the Zoning Ordinance.

ENVIRONMENTAL REVIEW
Adoption of Urgency Ordinance No. 22-01 and Resolution No. 22-01 are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Division 13 (commencing with Section 21000) of Public Resources Code and Government Code sections 65858.21(j) and 66411.7(n)) because an ordinance adopted to implement the rules of Senate Bill 9 is not considered a project under Division 13.

FISCAL IMPACT
There would be no direct fiscal impact from adopting Ordinance No. 22-01 and Resolution No. 22-01.

RECOMMENDATION
Staff recommends that the City Council consider the following separate actions:

Adoption of Ordinance No. 22-01 –“An Urgency Ordinance of the City Council of the City of Buellton, California, Amending the Buellton Municipal Code to Add Chapter 18.14 Pertaining to Urban Lot Splits and to Amend Section 19.02.030 and Add Section 19.02.145 Pertaining to Urban Dwellings (22-ZOA-01)” and;
Adoption of Resolution No. 22-01 – “ A Resolution of the City Council of the City of Buellton, California, Adopting Urban Dwelling and Urban Lot Split Configuration Standards and Urban Dwelling Design Standards”

Urgency Ordinance No. 22-01 Page 5 January 13, 2022
Resolution No. 22-01

ATTACHMENTS
Ordinance No. 22-01
Exhibit A – Added Municipal Code Chapter 18.14
Exhibit B – Amended Municipal Code Section 19.02.030, Add Subsection B.15.

Exhibit C – Added Municipal Code Section 19.02.145
Resolution No. 22-01
Exhibit A – Urban Dwelling and Urban Lot Split Configuration Standards Exhibit B – Urban Dwelling Design Standards

URGENCY ORDINANCE NO. 22-01

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF BUELLTON, CALIFORNIA, AMENDING

THE BUELLTON MUNICIPAL CODE TO ADD CHAPTER

18.14 PERTAINING TO URBAN LOT SPLITS AND TO
AMEND SECTION 19.02.030 AND ADD SECTION 19.02.145
PERTAINING TO URBAN DWELLINGS (22-ZOA-01)
THE CITY COUNCIL OF THE CITY OF BUELLTON DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

WHEREAS, the City of Buellton (“City”) has adopted a General Plan to ensure a wellplanned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and
WHEREAS, State law requires that the City’s Zoning Code conform with the General Plan's goals and policies; and
WHEREAS, it is necessary from time to time to update the Zoning Code to bring it into conformity with State law and to address public health, safety, and welfare concerns; and WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the Government Code by Senate Bill 9 (SB-9) and go into effect January 1, 2022; and WHEREAS, the amended or added code sections require cities to ministerially approve urban lot splits and the construction of up to two residential units (“urban dwellings”) within the “Urbanized Area” of the City, as designated by the US Census Bureau, subject to certain limitations; and
WHEREAS, Government Code Section 66411.7(a) limits eligibility of urban lot splits by size and proportionality; and
WHEREAS, Government Code Sections 65852.21(a)(2) and 66411.7(a)(3)(C) limit such urban lot splits and construction to sites that are not located on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties; and
WHEREAS, Government Code Section 65852.21(a)(3) through (a)(5), limits eligibility of such construction of secondary units that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and

WHEREAS, Government Code Section 66411.7(a)(3)(D) also limits eligibility of an urban lot split that proposes to proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E) allow a city to deny an urban lot split and urban dwelling on properties within an historic district or listed on the State’s Historic Resource Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance; and WHEREAS, Government Code Sections 65852.21(b) and 66411.7(c) allow a city to establish objective zoning standards, objective subdivision standards, and objective design review standards, if they does not conflict with state law; and WHEREAS, such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of “precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet”; and
WHEREAS, Government Code Sections 65852.21 and 66411.7 allow a city to deny a proposed housing development or urban lot split if the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and WHEREAS, the Municipal Code currently does not have any provisions that adequately address such urban lot splits and urban dwelling units, as required by SB 9, and because regular ordinance adoption procedures require a first and second reading, and at least 30 days before the ordinance may take effect, the city will not be able to adopt any such provisions before February 2022; and
WHEREAS, without such an ordinance, there will be a period where there will be no policies, procedures, or objective standards available to guide and promote the orderly development of such urban lot splits and urban dwelling units, and thus will prevent actions that will alleviate the housing crisis and serve to protect orderly planning and aesthetics related to such development; and
WHEREAS, the City Council has the power under Government Code sections 36934 and 36937 to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, and is passed by a four-fifths vote of the City Council; and
WHEREAS, pursuant to California Government Code Section 65858, and in order to protect the public health, safety and welfare, the City Council may adopt as an urgency measure, an interim ordinance regulating any uses that may be in conflict with a contemplated general plan or zoning proposal that the City intends to study within a reasonable time; and

WHEREAS, this urgency ordinance is necessary to address the danger to public health, safety, and general welfare articulated by the state related to the housing crisis and immediately provide the provisions to implement SB 9-related development in a manner that protects the City’s interest in orderly planning and aesthetics; and
WHEREAS, Accordingly, the City Council desires to adopt this ordinance as an urgency ordinance, effective immediately, pursuant to Government Code sections 36934, 36937 and 65858, and have such provisions that implement SB 9, as set forth in the ordinance, in effect as of January 3, 2022; and
WHEREAS, the City desires to adopt an ordinance that addresses the procedures for such Urban Dwellings and Urban Lot Splits, and provides objective standards, in accordance with State law.

SECTION 2. Chapter 18.14.

A. Chapter 18.14 is added to the Buellton Municipal Code as provided in the attached Exhibit A.

SECTION 3. Section 19.02.030.

A. Section 19.02.030 of the Buellton Municipal Code is amended to add Subsection B.15. as provided in the attached Exhibit B.

SECTION 4. Section 19.02.145.

A. Section 19.02.145 is added to the Buellton Municipal Code as provided in the attached Exhibit C.

SECTION 5. No permit or approval shall be issued or approved for a project which is in conflict with the provisions of this ordinance.

SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”). Senate Bill 9 (Atkins) states that an ordinance adopted to implement the rules of Senate Bill 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (See Government Code sections 65858.21(j) and 66411.7(n).

SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 8. Urgency. The City Council finds and declares that the adoption and implementation of this ordinance is necessary to address the danger to public health, safety, and general welfare as articulated above, and to immediately provide provisions to implement SB 9, which takes effect on January 1, 2022. The City Council therefore finds and determines that this ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36937 and 65858 and takes effect immediately upon adoption by four-fifths of the City Council.

SECTION 9. Expiration. This ordinance shall take effect upon publication, and shall remain in effect for a period of 45 days from the date of adoption, in accordance with California Government Code section 65858.

SECTION 10. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 13th day of January, 2022. __________________________
Holly Sierra
Mayor
ATTEST:
__________________________
Linda Reid
City Clerk

DRAFT Buellton SB 9 Code Language
Exhibit A
CHAPTER 18.14 URBAN LOT SPLITS

18.14.010 PURPOSE
This Chapter applies to urban lot splits in accordance with Government Code section 66411.7.

18.14.020 LOCATION
A. RS Zoning: Any proposed urban lot split must be located within the RS, single-family zone.

B. Historic Designation: A proposed urban lot split may not be located within a historic district or property included on the State Historic Resources Inventory (Section 5020.1 of the Public Resources Code) or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

C. Development of Adjacent Sites: Neither the owner of a parcel previously subdivided using an urban lot split nor any person acting in concert with the owner may subdivide an adjacent parcel using an urban lot split as provided for in this section.

D. A proposed urban lot split may not be on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

E. A proposed urban lot split may not be on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.

F. Demolition and Alteration: A proposed urban lot split must not require demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

3. Housing that has been occupied by a tenant in the last three years.

18.14.030 STANDARDS

A. Comply with Subdivision Map Act: Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this Chapter.

B. Dedication and Off-Site Improvements: A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map.

C. Fire Department & Utility Easements: An easement must be provided over the front parcel to the rear parcel for access to the public right of way, providing public services and facilities, maintenance of utilities, and (if required) fire department access.

D. Owner Occupied: The applicant for an urban lot split must sign an affidavit stating that the applicant will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

E. Short Term Rentals Prohibited: The rental of any unit created by an urban lot split must be for a term longer than 30 days.

F. Residential Uses, Only: All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

G. Non-Conforming Zoning Conditions: Nonconforming zoning conditions are not required to be made conforming before approving an application.

H. Annual Inspection: The property owner must agree to an unannounced inspection every year for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee as set forth in the City’s fee and fine resolution.

I. Objective Development Standards: The following objective development standards apply to urban lot splits:

1. Size and Number: The parcel map subdividing an existing parcel must create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. The subdivision must not be done in a manner that leaves one lot with more than two units including existing and proposed main dwellings, ADUs, and JADUs. No more than four total units may exist on the two new parcels.

2. Minimum Size: Both newly created parcels created by an urban lot split must be no smaller than 1,200 square feet.

3. Setbacks:
a. Existing Structures: No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.
b. New Structures and Additions: The minimum setback from the side and rear property line is four feet.

4. Building Separation: The units or structures involved in an urban lot split may be attached or detached provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

5. Tree Preservation: An applicant shall comply with Chapter 12.32.060 Protected Native Tree Preservation and Removal Standards. If removal of a protected tree is required to provide a minimum 800 square foot unit, the owner must meet the tree replacement requirements of Section 12.32.070.

6. Frontage: Both resulting parcels shall have a minimum frontage of 50 feet. If each parcel cannot accommodate a frontage of 50 feet, then the access strip shall not be less than 20 feet in width.

7. Conjunction with Urban Dwellings: Only structures that meet the requirements of urban dwellings are allowed on urban lot splits.

8. Lot Configuration Standards: Urban lot splits must comply with the Urban Dwelling and Urban Lot Split Configuration Standards adopted by City Council Resolution and incorporated herein by reference.

J. Disclosures: At the time of sale, a site with an urban dwelling must disclose to the seller:

1. The site must not be used for short term rentals;

2. The property owner must agree to an unannounced inspection every year for the first three years to ensure the property owner is living onsite. The property owner must pay the special inspection fee in the City’s fee and fine resolution;

3. The property owner must provide all necessary information to the City, required in the annual housing element report;

4. The site must be used for affordable housing per the recorded covenant; and

5. The site cannot be the subject of future urban lot splits.

18.14.040 APPLICATION AND REVIEW

A. Ministerial Review: Proposals for urban lot splits will be reviewed ministerially, without discretionary review or a hearing per Section 66411.7 of the Government Code.

B. Application: An application for the urban lot split must be filed and reviewed pursuant to this Chapter. All applications must include a tentative parcel map and the applicable review fees.

C. Approval Authority: The Planning director (“director”) acts on all urban lot splits and has the authority to interpret and establish guidance and procedures for the approving and finalizing tentative parcel maps for such urban lot splits, in a manner consistent with state and local law.

D. Public Hearing: Urban lot splits do not require a public hearing.

E. Notice: Notice is not required for an urban lot split.

F. Staff Review: The director will circulate the application for an urban lot split, together with the tentative map, to affected city departments for review and comment. Staff will transmit to the applicant for review and consideration comments from the city departments.

G. Building Official Review: The City will deny a proposed urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

H. Approval: If the application for the urban lot split meets all the requirements of this Chapter, the director will approve the urban lot split ministerially and without a public hearing.

The action of the director upon an urban lot split application is final and conclusive, in the absence of an appeal.

I. Appeal of Director’s Decision: Decisions of the director are final.

Exhibit B
SECTION 19.02.030
B.15. Urban dwelling units and urban lot splits as defined in and subject to the provisions of Chapter 18.14 of Title 18 (Subdivisions) and Section 19.02.145 of this Title.

Exhibit C
SECTION 19.02.145 URBAN DWELLING UNITS.

A. PURPOSE. This Chapter applies to urban dwellings in accordance with Government Code section 65852.21.

B. LOCATION

1. RS Zoning: Any proposed urban dwelling must be located within the RS, single-family zone.

2. Historic Designation: Aa proposed urban dwelling may not be located within a historic district or property included on the State Historic Resources Inventory (Section 5020.1 of the Public Resources Code) or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

3. A proposed urban dwelling may not be located on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

4. Limit on Demolition: A proposed urban dwelling may not demolish more than 25 percent of the existing exterior structural walls. This does not apply if the housing development has not been occupied by a tenant in the last three years.

5. A proposed urban dwelling may not be on a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent applies.

6. Demolition and Alteration: A proposed urban dwelling may not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.

C. STANDARDS

1. Short Term Rentals Prohibited: The rental of any urban dwelling must be for a term longer than 30 days.

2. RS Standards: The standards within Section 19.02.120 (Residential zone general development standards) apply to proposals for urban dwellings. This Section 19.02.145 will prevail over the provisions of Section 19.02.120 in the case of conflict.

3. Number of Units: The parcel for the proposed urban dwelling must contain no more than two units after construction of any urban dwelling. Existing and proposed ADUs and JADUs will be counted toward the maximum number of units. An urban dwelling development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.

4. Maximum Size: The maximum size of an urban dwelling must not exceed 850 square feet.

5. Minimum Size: The minimum size of an urban dwelling is 500 square feet.

6. Setbacks:
a. Existing Structures: No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.
b. New Structures and Additions: The minimum setback from the side and rear property line is four feet.

7. Height:
a. New Construction: An urban dwelling must not be more than 16 feet or the height of the existing residence, whichever is greater. b. Exceptions: Projects that are exempt from the one-story height limit due to the 800-square foot exemption must not exceed 25 feet in height with a maximum top plate height of 18 feet.
c. Second Floor Step Backs: Urban dwellings that are more than one-story or 18 feet must step back the second floor a minimum of four feet from the ground floor. This rule applies to only to the side yard, rear yard, and street side yard elevations.

8. Building Separation: The units or structures within an urban dwelling may be attached or detached. Detached structures must meet building code safety standards and be sufficient to allow separate conveyance.

9. Parking: Except as provided in Government Code Section 65852.21, an urban dwelling must provide one parking space onsite. The parking space shall be covered, but open on at least two sides. No garage parking is allowed on urban lot split developments.

10. Affordability: Urban dwellings must be continuously maintained as "affordable" housing for a period of not less than 30 years from the date of first occupancy. Urban dwellings must be occupied by low or very low- income households. (Low income is defined as 80 percent of the area median income and Very Low income is defined as 50 percent for Santa Barbara County). The maximum amount of rent, which may be charged, is 30

percent of the total household income or 30 percent of the income limit for low- income households, whichever is less. Every occupant of an urban dwelling must be qualified for eligibility based upon annual tax returns. Said restriction must be set forth in a recorded covenant or deed restriction. The property owner must provide documentation to the City on an annual basis relative to eligibility. The owner must agree to evict any tenant who does not meet the eligibility requirement. When the owner lives onsite, owner’s income is not required to meet the affordability requirements. The Planning director is authorized to establish forms, policies, and procedures, to implement this affordability requirement.

11. Tree Preservation: An applicant shall comply with Chapter 12.32.060 Protected Native Tree Preservation and Removal Standards. If removal of a protected tree is required to provide a minimum 800 square foot unit, the owner must meet the tree replacement requirements of Section 12.32.070.

12. Open Space: A minimum of 25 percent of the net lot area shall be devoted to open space and/or landscaping.

13. Urban Dwelling Design Standards: Urban dwellings must comply with the Urban Dwelling Design Standards adopted by City Council Resolution and incorporated herein by reference.

14. Disclosures: At the time of sale, a site with an urban dwelling must disclose to the seller:
a. The site must not be used for short term rentals;
b. The property owner must provide all necessary information to the City, required in the annual housing element report; and
c. The site must be used for affordable housing per the recorded covenant.

15. Exceptions to Objective Standards: Any objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area must be set aside.

Objective zoning standards will be set aside in the following order until the site can contain two, 800 square foot units.
a. Lot coverage
b. Tree Preservation
c. Open space-Second floor step backs
d. Articulation
e. Maximum number of stories. If waiving of all the above requirements do not provide for an 800 square foot unit, the building may exceed the maximum number of stories. After exceeding the maximum number of stories, the applicant must then replace the above objective standards in the opposite order until the unit size is reduced to 800 square feet.

D. APPLICATION AND REVIEW

1. Ministerial Review: Proposals for urban dwellings will be reviewed ministerially, without discretionary review or a hearing.

2. Application: An application for the urban dwelling must be filed and reviewed pursuant to this Chapter. All applicants must pay the application review fees.

3. Approval Authority: The Planning director (“director”) acts on all applications urban dwellings.

4. Public Hearing: Urban dwellings do not require a public hearing.

5. Notice: Notice is not required for an urban dwelling.

6. Staff Review: The director will circulate the application for an urban dwelling, to affected city departments for review and comment.

7. Building Official Review: The City will deny a proposed urban dwelling if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

8. Approval: If the application for the urban dwelling meets all the requirements of this Chapter, the director will approve the urban dwelling ministerially and without a public hearing. The action of the director upon an urban dwelling application is final and conclusive, in the absence of an appeal.

9. Appeal of Director’s Decision: Decisions of the director are final.

RESOLUTION NO. 22-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFORNIA, ADOPTING URBAN DWELLING

AND URBAN LOT SPLIT CONFIGURATION STANDARDS AND

URBAN DWELLING DESIGN STANDARDS
WHEREAS, the City Council has adopted an urgency ordinance regulating Urban Dwellings and Urban Lot Splits as allowed by Senate Bill 9 (SB 9); and WHEREAS, cities are authorized to implement objective design standards applicable to Urban Dwellings and Urban Lot Splits; and
THEREFORE, BE IT RESOLVED by the City Council of the City of Buellton, California, as follows:

SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

SECTION 2. The City Council hereby adopts the Urban Dwelling and Urban Lot Split Configuration Standards attached as Exhibit A and incorporated herein by reference.

SECTION 3. The City Council hereby adopts the Urban Dwelling Design Standards attached as Exhibit B and incorporated herein by reference.

SECTION 4. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 5. Effective Date: This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED this 13th day of January, 2022.

_____________________________
Holly Sierra
Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk

Exhibit A

URBAN DWELLING AND URBAN LOT SPLIT CONFIGURATION STANDARDS Urban Dwelling and Urban Lot Split Configuration Standards

1. The following development design standards apply to a Urban Dwelling or Urban Lot Split when:
a. A new dwelling unit is proposed on a parcel with an existing single-family dwelling unit; or
b. A parcel does not include an existing single-family residence, or c. An existing single-family residence is proposed to be demolished.

2. Lots
a. The side lot lines of all parcels shall be at right angles to the center line of the street, and radial or approximately radial to curved streets.

3. Orientation
a. For units abutting a right of way, including a private street or private driveway, units shall be oriented toward the street for unit nearest the street, and provide a clearly identifiable pedestrian path of entry to the site from the street for all other units. The primary entryway shall be oriented toward the right of way for the units nearest the street.
i. For through lots, the primary entry way requirement applies for each building that has a frontage on a public street or alley ii. For corner lots, the side street line of a corner lot will act as a street that subsequent units with frontage on the side street shall orient their primary entryway.
b. Units located in the interior of the lot shall orient the primary entryway toward the pedestrian path that connects to the right of way.

c. Units that abut an alley shall orient the primary entryway toward the alley or be connected to a pedestrian pathway that leads directly to a right of way.

4. Primary Entryways
a. All units shall have independent private access through a primary entryway. b. Primary entryways shall provide:
i. unit identification,
ii. lighting shielded and pointed away from other residences, and iii. landing area of at least four (4) feet by four (4) feet. c. Primary entryways shall match between each unit and incorporate four of the following elements:
i. Door to match between all units on site.
ii. Door recessed at least 3 inches from the building facade. iii. Awning of at least 1 foot.
iv. Door with window.
v. Paving material, pattern, or color that is differentiated from the pedestrian pathway.
d. Units shall provide a minimum ten (10) -foot separation between the faces of primary entryways of neighboring homes unless the separation prevents the building of two units on a lot.
e. Separations may include projections not to exceed two (2) feet as measured from the face of the building, but be clear to the sky for a minimum of six (6) feet. f. Primary entryways shall be located a minimum of ten (10) feet from the nearest side or rear lot line.

5. Driveways

a. Driveways shall be at least nine (9) feet in width. They may be located in side yards but cannot be less than two (2) feet from the side yard property line. b. Driveways may be used to access a newly formed lot located behind another newly formed lot so long as the former is not a through lot. c. If the lot at time of application is a through lot, all lots that access a street or alley shall provide independent driveway access for any newly created lot. Corner lots shall not be subject to this requirement.
d. No new circular driveways are permitted.

6. Front Yards
a. The total of all paved and impervious areas including, but not limited to, driveways, walkways, patios, porches, landings, and/or architectural accessories shall not exceed twenty four percent (24%) of the front yard of the lot. b. Swimming Pools are not allowed in the front yard.
c. For Corner Lots, the front yard shall be adjacent to the street on which newly subdivided lots have the smaller frontage.

7. Setbacks
a. The following may not be located in the side yard setbacks:
i. Swimming pool equipment.
ii. Air conditioner condenser units, except in cases of corner lots. For corner lots, requirements set in Section 23.06.05 B.3.a apply. iii. Eaves exceeding 24 inches.
iv. Satellite antennas.
v. Freestanding solar arrays.

8. Parking and Garages
a. No parking shall be permitted in the front yard of the lot.

b. Parking located in a side yard shall be screened from view of the public right of way.
c. Carports and other similar covered parking structures shall have a minimum setback of four (4) feet from the side or rear property line. d. Carports and other similar covered parking structures shall be located on the same lot or parcel of land as the residence being served.
e. Garages are not allowed for urban dwellings.

9. Lighting. Exterior building lighting shall be shielded and downward facing, and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code.

Exhibit B

URBAN DWELLING DESIGN STANDARDS
Urban Dwelling Design Standards

1. The following development design standards apply to an Urban Dwelling when the dwelling unit is proposed on a parcel with an existing single-family dwelling unit. a. Facades visible from the public right of way or a pedestrian pathway shall be treated with the same massing, layout, and types of architectural features as the front façade on the existing structure prior to application. b. The new unit shall utilize the same exterior materials and colors as the existing dwelling unit. All exterior cladding, windows and roofs should be made of natural materials and not synthetic, vinyl or other man-made substance.
i. Cladding:

1. Fiber cement siding commonly known as hardie board shall be allowed as a substitute for wood siding.

2. For brick, mortar style shall match existing

3. For siding and shingles, individual members should match the existing residence at time of application in size and overlap style
ii. Roofs:

1. Simulated wood shake materials shall be allowed as a substitute for a wood shake roof consistent with the
California Fire Code as adopted and amended by the City.

2. Fascia shall match existing.

3. Eaves shall match existing in style, but not in size or quantity.

4. Overhangs shall not exceed 24 inches into the setbacks iii. Windows

1. Operation and design shall match the existing residence unless a change is required due to egress requirements.

2. Grid style/lites shall match existing

3. Material shall match existing

4. Windows shall avoid direct sightlines into adjacent
buildings on adjacent properties or will be required to provide frosted or opaque glass to create privacy between structures on adjacent properties.
c. Sloped Roof. The slope of the roof shall match the roof pitch of the existing dwelling unit, but in no case shall the roof pitch be less than an incline of two to twelve (2:12) feet.
d. Roof-mounted or installed air conditioners shall be prohibited. This however, shall not preclude the replacement of existing legal roof-mounted air conditioners with new units which are the same dimensions of the original unit.
e. Rain gutters, downspouts, vents and other roof protrusions shall be painted to match the adjacent building or roof surface.
f. For an attached unit, it shall be constructed so that the entire structure appears to be one dwelling including building form, colors, window design, and door and window trims.

2. The following development design standards apply to an Urban Dwelling if the parcel does not include an existing single-family residence, or if an existing singlefamily residence is proposed to be demolished. a. All exterior cladding, windows and roofs should be made of natural materials and not synthetic, vinyl or other man-made substance. b. Facades visible from the public right of way or a pedestrian pathway shall be treated with the same massing, layout, and types of architectural features as the front façade on the existing structure prior to application c. The new units shall utilize the same exterior material and color palette.

d. Roofs:
i. Simulated wood shake materials shall be allowed as a substitute for a wood shake roof consistent with the California Fire Code as adopted and amended by the City.
ii. Fascia shall match between each unit.
iii. Eaves shall match between each unit in style, but not in size or quantity.
iv. Overhangs shall not exceed 24 inches into the setbacks v. The roof shall be sloped with a minimum incline of two to twelve (2:12) feet.
vi. Roof-mounted or installed air conditioners shall be prohibited. e. Rain gutters, downspouts, vents and other roof protrusions shall be painted to match the adjacent building or roof surface.
f. Windows:
i. All exterior windows shall be accented with one of the following:
wood trim, shutters, window sills, trellis, or awning.
ii. Operation and design shall match between each unit unless a change is required due to egress requirements.
iii. Grid style/lites shall match between each unit
iv. Material shall match between each unit
v. Windows shall avoid direct sightlines into adjacent buildings on adjacent properties or will be required to provide frosted or opaque glass to create privacy between structures on adjacent properties. g. Cladding:
i. Fiber cement siding commonly known as hardie board shall be allowed as a substitute for wood siding.
ii. For brick, mortar style between units shall match between each unit

iii. For siding and shingles, individual members shall match between the new units in size and overlap style
iv. Metal Siding: The siding shall not be comprised of metal. h. For an attached unit, it shall be constructed so that the entire structure appears to be one dwelling including building form, colors, window design, and door and window trims.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and City Council
From: Kyle Abello, Recreation Supervisor
Meeting date: January 13, 2022
Subject: Discussion and Approval of Arts & Culture Project Application:

Supplement for Completion of the Mural Project
_____________________________________________________________________________________________

BACKGROUND
In July 2021, applicant Liz Alvarez successfully completed the first phase of the “Best of Buellton” Mural Project with the depictions of City parks on the west side of the Postal Annex building. The first phase took much longer than anticipated due to health restrictions on gatherings, material shipping delays, and increased work duties in Ms.

Alvarez’s role as lead for the Visual Arts Department at Lompoc High School. In addition, supply chain issues due to the pandemic caused a significant increase in prices which have made it necessary for a supplemental grant request in order to finish the second phase of murals for installation in the Buellton Post Office. The original theme for the second phase murals was stamps, but due to extended wait times for artist permissions the applicant is proposing to focus on Buellton’s car culture from the mid-20th century to the present.

The original Mural Project Application is included as Attachment 1. A Supplement for Completion of the Mural Project (Attachment 2) details the difference between the budgeted costs and the actual costs of the first phase and includes an addendum showing the supplemental grant request to finish the second phase murals. With the increased supply costs, the original grant amount of $3,200 did not end up covering the actual cost of even the first phase murals which totaled $3,920; the shortfall was absorbed by the applicant and is not part of this grant request.

If approved, the $2,480 supplemental grant would fund all the paints and supplies for the second phase, design and installation of the murals, dedication panels for both the first and second phase murals, and bound commemorative books showing the process of making each mural series. Any unspent funds are required to be returned to the City.

The Arts & Culture Committee recommends approval of this supplemental grant request to complete the Mural Project.

Arts & Culture Project Page 2 January 13, 2022

FISCAL IMPACT
The fiscal impact of the Supplement for Completion of the Mural Project is $2,480. Arts and Culture Project funding is included in the City’s Budget with $52,138 remaining in this fiscal year.

RECOMMENDATION
That the City Council consider approval of $ 2,480 to fund the Supplement for Completion of the Mural Project.

ATTACHMENTS
Attachment 1 - Original Mural Project Application
Attachment 2 - Supplemental Request for Completion of the Mural Project

BUELLTON ARTS & CULTURE

COMMITTEE

PR OJE CT FUNDING REQUEST FORM
DATE: June 17, 2020
NAME OF PROJECT: “The Best of Buellton” public murals located in the city of Buellton, 4 along the west side of the Postal Annex and 4 inside of the Buellton USPS.

PROJECT DATE(S): October 3, 10,17,24 ,31, to be installed before Buellton’s Winterfest, 2020 SPONSORING ORGANIZATION: The Visual Arts Department at Lompoc High School-Art KEY ORGANIZER: Liz P. Alvarez and Vicki Andersen
CONTACT INFORMATION: [email protected] 805-350-9669 [email protected] 805-588-3459
TYPE OF PROGRAM: [ x ] ARTS PROGRAM [ ] CULTURE PROGRAM [ ] BOTH TOTAL PROJECT BUDGET:
$3200
AMOUNT OF FUNDING REQUESTED:
$3200

HAS APPLICANT RECEIVED FUNDING FROM THE BUELLTON ARTS & CULTURE PROGRAM PREVIOUSLY? IF SO, WHEN WAS THE LAST TIME?
YES NO X YEAR:

HOW DID YOU HEAR ABOUT THE CITY OF BUELLTON ARTS & CULTURE GRANT PROGRAM:

Currently involved with grants committee, will recuse myself during the voting process.

IF APPLICANT DOES NOT RECEIVE THE FULL AMOUNT OF FUNDING REQUESTED, WILL THE PROPOSED PROJECT STILL MOVE FORWARD:

No

DESCRIPTION OF EVENT — Include goals, objectives, key organizer’s vitae / relevant previous experience, and a list of other project partners/collaborators:

Our Goals: To paint 2 series of murals that reflect the best of Buellton. Mural series of Parks project 1: Four murals 8 x 8 feet installed along the exterior wall of the Postal Annex that show the “Best of Buellton” parks located in the community. The paintings are: Botanic Garden, Paws Park, Zaca Creek Golf Course and River View Park. An example of Paws Park is shown in this proposal.

Mural series project 2: Four long murals 24” x 8’ that show the current collection of stamps issued by the USPS.

Our Objectives are to:
● Promote the Buellton Parks through visual arts for the City of Buellton ● Promote an awareness of Stamps in circulation with the USPS ● to support visual arts painting in the community that promotes a healthy distraction from the stress of the past several months of stay-at-home orders. ● Encourage arts participation from schools and community ● Support professional artists that promote positivity with their art ● Foster artists of all ages and abilities
● Beautify buildings’ interior and exterior spaces located along the main thoroughfares in Buellton

The
theme for the first series of murals will promote the Parks in Buellton.The murals themselves will be painted like a postcard style (or possibly a polaroid picture style) onto the Sinatra Boards (like PVC boards) then installed on the exterior wall of the Postal Annex, pending owner approval. This cheerful public art project that visitors and community members can both enjoy, is a positive public image story that the Buellton community can share, encouraging visitors to explore the various parks and promote arts in the community. Additionally, we encourage community involvement regardless of age or ability and a chance to share art making with others.

The theme for the second mural series highlights the stamp collections currently in circulation through the USPS. Located inside the Buellton Post Office, the goal is to add beauty to the interior decor from many local artists (the students and community). This project supports social distancing because of the mural size and a limited group of participants. We will be painting the mural panels outdoors at the Buellton Rec Center.

In addition, we ask that Buellton Rec Center advertise via social media a public call to invite the Buellton and SY Valley community participants young and old of all artistic abilities to promote community involvement while respecting social distancing. Participants will be supplied with PPE’s, a brush and palette colors and guided by the Visual art department and artists along with the ‘paint by number’ scheme of the mural designs.

About the Artists: Liz P. Alvarez teaches art full time in the Visual Arts Department at Lompoc High School as well as exhibiting her paintings in several local venues. Her art students and art club group, plus muralist and fine artist Vicki Andersen will assist with designing and painting the murals. Both Liz and Vicki have completed many other community mural projects, most recently a Mural in a Day, hosted by Art Mortimer in

Lompoc, California. Both artists are active members of the Lompoc Valley Art Association and exhibit their artwork in the Cypress Gallery. Additionally, Vicki is an established fine artist at Gallery Los Olivos. Liz has hosted many student art exhibits in Lompoc and encourages her students to participate in community art projects too. To view more of Liz’s paintings, please visit her website at :Elizabethpalvarez.com or view her instagram at :Alvarezarts17
The style of the mural paintings reflect the 1940’s travel posters, in bold colors and graphic shapes. see example here:

Here is a rough draft example for the Paws Park mural, meant to look like a polaroid or postcard type image over a tiled background and painted on Sinatra panels. (The background will be more faded looking to showcase the image). All 4- 8’x8’ murals will be installed on the west side of the Postal Annex pending owner approval. The other 3 paintings include: the Botanic Garden, Zaca Creek Golf Course and River View Park.

Paws Park
SY Botanic Garden
...this is a rough draft without the background

BUELLTON ARTS & CULTURE COMMITTEE PROJECT FUNDING REQUEST FORM PROJECT BUDGET DETAIL:

PROJECT FUNDING (list anticipated funding sources and amounts) — must equal Total Project Budget SOURCE OF REVENUE AMOUNT
Materials Cost
Substrate, Sinatra panels 4 x8’ Exterior mural (8 @ $90 ea.) $720 4’ x8’ for interior mural(fit to cut 2’ x 8’ (8@ $90 ea) $720 Paint, outdoor acrylic 10 @ $25 ea $250
Sealant- a deterrent for tagging 2 gal. @ $35 ea. $70
Installation fees $700
Brushes, palettes and PPE’s for painters $240
Lompoc High School/professional artists
organization time for weekly setup and oversight:
$500
Total $3200
Saturdays in October 3, 10, 17, 24, 31 and November 7, 2020

Supplemental to Mural project, update January 2022

BUELLTON ARTS & CULTURE COMMITTEE PROJECT FUNDING REQUEST FORM Wrap up for the first of the
series…..

PROJECT BUDGET DETAIL: The Increased amounts of the original proposal is due to the increased costs during the pandemic.

PROJECT FUNDING (list anticipated funding sources and amounts) — must equal Total Project Budget

SOURCE OF REVENUE AMOUNT
Materials Cost Actual
Substrate, Aluminum panels 4 x8’
Exterior mural
(8 @ $90 ea.)
$720
8@$100 each
$800
4’ x8’ for interior mural(fit to cut 2’ x
8’
(8@ $90 ea)
$720
$720
Paint, outdoor acrylic 10 @ $25 ea
$250
6 gallons @$50.

Ea
$300
12 quarts at $25.

Ea
$300
Sealant- a deterrent for tagging 2 gal. @ $35 ea. $70 2 gal @ $50. ea Installation fees
$700 $800
Brushes, palettes and PPE’s for
painters $240 $240
Lompoc High School/professional
artists organization time for
weekly setup and oversight:
$500 $500

Social media, publication and
book
none
Vinyl lettering for each mural
none $160.

Total paid $3200 actual costs for 4-
8 foot by 8 foot
murals
$3920
Addendum to proposal part 2:

The original proposal stated to paint existing postal stamps on mural boards for the Buellton Post Office. The scope has changed to highlight the Car Culture of Buellton presented as a series of postcard designs from the mid-20th Century to the present.

Approximately 15-30 volunteers will complete these 16 24” x 48” murals designed and coordinated by Liz Poulin Alvarez to be completed in 2022.

Additional funding requested to complete the Community Mural project include:

Design of 16 small murals on 24” x 48” aluminum panels
(panels already purchased) includes commute time and social media $100. each $1600
Paint to complete the project
4 quarts at $25 each
$25 $100
Varithane clearcoat, interior to protect paint $50 gal $100 Bound books to present at completion, 3 each for phases 1 and 2 $30 ea. $180.

Installation of aluminum panels inside Post Office $25. ea $400 Dedication panels ( 1 for each site) $50 $100
total $2480

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: January 13, 2022
Subject: Discussion of Possible City Regulation Requiring the Use of Natural Gas in New Residential Developments
______________________________________________________________________________

BACKGROUND
In response to a presentation by an affordable housing developer indicating that their project would be electric-only, then-Vice Mayor Sanchez requested that the City Council discuss the possible requirement of all future residential developments in the City to provide natural gas utility service.

The development that is intending to provide electric-only appliances is doing so to take advantage of a grant from 3CE, the City’s default electrical generation provider. However, there is a growing trend in some California cities to move away from natural gas as a fossil fuel in favor of electricity, which is improving in its ability to be generated with less of an impact in coincident greenhouse gas emissions.

The state has recently adopted a new set of building codes which, while stopping short of prohibiting natural gas usage in new development, provides significant financial incentive to use all-electric means of heating air and water. In addition, more than 50 California cities and counties have adopted codes which reach beyond the requirements of the state code and actually prohibit natural gas in new development projects. It is clear that this trend is gaining traction statewide and may even result in such a ban on a statewide level in coming years.

In discussions with the City Attorney, there was a staff consensus that adopting a City regulation requiring natural gas be utilized may have unintended consequences and result in legal challenges to the City, whether from developers who would be forced by such a regulation to provide a more expensive heating solution or who would miss out on grants or other incentives (including incentives for affordable housing providers), or from some other entity in the event that the State moves forward with a full ban on natural gas in new residences.

Use of Natural Gas Page 2 January 13, 2022
Therefore, staff recommends that the City Council discuss this matter, and if action to preserve or encourage the use of natural gas is desired, direct staff to investigate options for encouraging the state to refrain from banning its use in the future. An appropriate avenue for such action may be the League of California Cities, which advocates for cities with the California Legislature.

FISCAL IMPACT
There is no anticipated impact to City revenues or expenditures as a result of action on this matter.

RECOMMENDATION
Staff recommends that the City Council discuss this issue and direct staff as appropriate.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: January 13, 2022
Subject: Discussion on Possible Increase to Mayor and City Council Salary ______________________________________________________________________________

BACKGROUND
During the course of the biannual budget review cycle, Staff periodically reviews various expenses to ensure that they are proper. This periodic review also includes compensation levels for City staff and City Council members. The current review of City Council compensation has indicated that not only are they far below what they are permitted to be under state law, but that they are far below average levels found in other cities in Santa Barbara County.

Holding office as a member of the Buellton City Council is certainly considered “parttime” both in terms of the time spent and the compensation received, the increase in the time required to carry out the duties of office has out-paced the increase in the compensation received. While the office is not employment in the traditional sense, a severe imbalance between the time required to carry out the duties of the office and the compensation offered may eventually result in difficulties in getting residents of the City to serve on the City Council. Bringing the City Council salaries into the range of other cities in the County at this time will enable the City to keep from finding itself with such an imbalance in the future.

Government Code Section 36516(c) states that increases in council compensation may be authorized by an ordinance or an amendment to an ordinance but the amount of increase may not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. Council Members currently receive $440.00 per month, an amount that was established with the adoption of Ordinance No. 08-04 on October 9, 2008 in accordance with Section 36516, as amended, of the California Government Code. Based upon a 5% increase per calendar year from the date of this ordinance, the maximum City Council salary that could be approved in 2022 is $871.17.

Possible Increase to City Council Salaries Page 2 January 13, 2022 Staff also has noted the increase in duties carried out by the Mayor in comparison to the other City Council members. Aside from certain assignments to serve on various Boards and Commissions, the Mayor also serves as the primary contact person for matters pertaining to the City Council for both the public and the City staff. This role has been made more prominent since the shift to an elected Mayor beginning in 2016. While not currently reflected in the Mayor’s compensation, which is set at the same level as the rest of the City Council, the City Council may wish to consider establishing a different level of compensation for the Mayor. Given the statutory cap on an increase discussed above, this would necessarily require some lesser increase for the City Council to allow the Mayor’s salary to exceed that of the Council Members.

Finally, under Government Code Section 36516 any compensation increase for the City Council and Mayor cannot go into effect until a new term of office commences. This means that compensation increases will not be realized until December of this year, after the persons winning election in November are sworn into office.

Should the City Council desire to consider this matter further, upon direction from the City Council, staff will return with a report including a draft ordinance to allow the City Council to make this change.

RECOMMENDATION
That the City Council discuss this matter and direct staff as appropriate.