CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of January 27, 2022 – 6:00 p.m.
City Council Chambers, 140 West Highway 246
Buellton, California
At this time, Council meetings will be conducted via Zoom and the public will not be allowed to attend.
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: 867 3296 7139; Passcode:
464934) Via Zoom, click here: (Meeting ID: 867 3296 7139; Passcode: 3pxjyK)
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.
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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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.
City Council Meeting Agenda Page 2 January 27, 2022
1. Minutes of January 13, 2022 Special City Council Meeting
2. Minutes of January 13, 2022 Regular City Council Meeting
3. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2021/2022
4. Monthly Treasurer’s Report – December 31, 2021
(Staff Contact: Finance Director Shannel Zamora)
PRESENTATIONS
PUBLIC HEARINGS (Time Certain – 6:45 PM) (POSSIBLE ACTION)
5. Third Public Hearing Considering City Council Redistricting Maps and Boundaries (Staff Contact: City Attorney Gregory Murphy)
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.
BUSINESS ITEMS (POSSIBLE ACTION)
6. Consideration of Filing Notice of Dispute Pertaining to Proposed Law Enforcement Costs for FY 2022-23
(Staff Contact: City Manager Scott Wolfe)
7. Presentation by Central Coast Community Energy
(Staff Contact: City Manager Scott Wolfe)
8. Consideration of a New Contract with Metro Ventures Ltd. for Irma L. Tucker to Provide Professional Planning Services
(Staff Contact: Planning Director Andrea Keefer)
CITY MANAGER’S REPORT
ADJOURNMENT
The next meeting of the City Council will be held on Thursday, February 10, 2022 at 6:00 p.m.
City Manager Review: SW
Council Agenda Item No.: 1
CITY OF BUELLTON
SPECIAL CITY COUNCIL MEETING MINUTES
Special Meeting of January 13, 2022
City Council Chambers, 140 West Highway 246
Buellton, California
CALL TO ORDER
Vice Mayor King called the meeting to order at 4:01 p.m. on the sidewalk adjacent to the Council Chambers and in the interest of health and safety of the attendees.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Council Members Elysia Lewis, John Sanchez, and Vice Mayor Dave King
Absent: Council Member Ed Andrisek and Mayor Holly Sierra Staff: City Manager Scott Wolfe and City Clerk Linda Reid
PUBLIC COMMENTS
None
BUSINESS ITEMS
1. Request for a 30 Day Extension of Resolution No. 21-17, adopted by the City Council on December 9, 2021, Allowing Council Members to Meet Remotely as Provided in AB 361
RECOMMENDATION:
That the City Council approve a 30 day extension of Resolution No. 21-17, allowing Council Members to meet remotely, per AB 361.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Sanchez, approving a 30 day extension of Resolution No. 21-17, allowing Council Members to meet remotely, per AB 361.
Special City Council Meeting Minutes Page 2 January 13, 2022 VOTE:
Motion passed by a roll call vote of 3-0.
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor King - Yes
ADJOURNMENT
Vice Mayor King adjourned the special meeting at 4:03 p.m. The next regular meeting of the City Council will be held on Thursday, January 13, 2022 at 6:00 p.m. _________________________________
Dave King
Vice Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk
City Manager Review: SW
Council Agenda Item No.: 2
CITY OF BUELLTON
CITY COUNCIL MEETING MINUTES
Regular Meeting of January 13, 2022
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 Via Zoom: Council Members Ed Andrisek, Elysia Lewis, John Sanchez, Vice Mayor Dave King, and Mayor Holly Sierra
Staff: City Manager Scott Wolfe (via Zoom), City Clerk Linda Reid, Public Works Director Rose Hess, City Attorney Greg Murphy (via Zoom), Finance Director Shannel Zamora (via Zoom), Planning Director Andrea Keefer (via Zoom), Recreation
Supervisor Kyle Abello (via Zoom), and Lt. Jeff Greene (via Zoom)
REORDERING OF AGENDA
None
PUBLIC COMMENTS
None
CONSENT CALENDAR
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
City Council Meeting Minutes Page 2 January 13, 2022
4. Quitclaim of Expired Water Easement and Acceptance of Water Easement (Buellton Garden Apartments)
MOTION:
Motion by Council Member Lewis, seconded by Council Member Sanchez, approving Consent Calendar Items 1 through 4 as listed.
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
PRESENTATIONS
5. Proclamation Recognizing Human Trafficking Awareness Month City Clerk Reid read the proclamation recognizing Human Trafficking Awareness Month. Ann McCarty, representing the Santa Barbara County Human Trafficking Task Force accepted the proclamation and discussed the importance of human trafficking awareness.
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”
RECOMMENDATION:
That the City Council consider adoption of Urgency Ordinance No. 22-01 and Resolution No. 22-01.
STAFF REPORT:
Planning Director Keefer presented the staff report.
City Council Meeting Minutes Page 3 January 13, 2022
SPEAKERS/DISCUSSION:
The City Council discussed the following issues:
Requiring covered parking that may appear too dense
Restriction requiring owners live on the property for three years after adding additional units
Housing lots can be split and sold
Required four foot setback pertains to the side and rear yards; the front yard setback is 20 feet
Requiring one on-site parking space
Mayor Sierra opened the public hearing at 6:34 p.m. There being no public comment, Mayor Sierra closed the public hearing at 6:35 p.m.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
MOTION:
Motion by Council Member Sanchez, seconded by Council Member Lewis, approving 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)” by title only and waive further reading and removing the language from Exhibit C, Section 19.02.145, Urban Dwelling Units, Item 9, “The parking space shall be covered, but open on at least two sides.” VOTE:
Motion passed by a roll call vote of 4-0-1, Vice Mayor King abstaining.
Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Abstain
Mayor Sierra – Yes
MOTION:
Motion by Council Member Sanchez, seconded by Mayor Sierra, approving 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”
City Council Meeting Minutes Page 4 January 13, 2022
VOTE:
Motion passed by a roll call vote of 4-0-1, Vice Mayor King abstaining.
Council Member Andrisek – Yes
Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Abstain
Mayor Sierra – Yes
COUNCIL MEMBER COMMENTS/ITEMS
Council Member Sanchez requested Council consensus to bring back an item to discuss installing public cameras around the City to assist law enforcement in tracking thieves.
Council Member Sanchez announced he purchased a residential solar system at Costco and provided details about the program.
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
Mayor Sierra stated she attended the Green Team meeting and provided an oral report for the record.
City Manager Wolfe announced that Central Coast Community Energy will attend the next City Council meeting to provide information regarding electricity choices.
Council Member Sanchez announced he attended the Arts and Culture Committee meeting and provided an oral report for the record.
Mayor Sierra announced that City staff is working with Santa Barbara County Public Health to obtain Home Rapid Antigen Tests for Buellton residents and Supervisor Hartmann is working to get the free Covid-19 testing facility back in the Valley.
BUSINESS ITEMS
7. Discussion and Approval of Arts & Culture Project Application: Supplement for Completion of the Mural Project
RECOMMENDATION:
That the City Council consider approving $2,480 to fund the completion of the City’s Mural Project.
STAFF REPORT:
Recreation Supervisor Abello presented the staff report.
City Council Meeting Minutes Page 5 January 13, 2022
SPEAKERS/DISCUSSION:
Liz Alvarez discussed the Mural Project and answered questions from the Council.
The City Council discussed adding historical murals around town. Recreation Supervisor Abello stated the history murals will likely be added to utility boxes in town.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
MOTION:
Motion by Vice Mayor King, seconded by Council Member Lewis, approving $3,500 to fund the completion of the City’s Mural Project (rather than the $2,480 funding request) and that any remaining funds be used to repay the artist for additional costs associated with the 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
8. Discussion of Possible City Regulation Requiring the Use of Natural Gas in New Residential Developments
RECOMMENDATION:
That the City Council discuss the use of natural gas in new residential developments.
STAFF REPORT:
City Manager Wolfe presented the staff report.
SPEAKERS/DISCUSSION:
Correspondence was received and made part of the record from the Sierra Club, Los Padres Chapter, Santa Barbara County Action Network, Community Environmental Council, and Larry Bishop, Buellton, all supporting all-electric new construction.
The City Council discussed the following issues:
Council’s ability to deny all-electric projects in the future Buellton residents should have a choice of using gas or electric and not be forced to use only one energy source
Determine the League of California Cities (LOCC) position on this issue and report back to Council
City Council Meeting Minutes Page 6 January 13, 2022
Larry Bishop, Buellton, congratulated Council Members who have added solar to their homes and read his comment letter into the record opposing the use of natural gas in new residential developments.
DIRECTION:
The City Council agreed by consensus to direct the City Manager to investigate the LOCC’s position regarding this issue and determine how best to lobby the LOCC to advocate for energy alternatives in the future.
9. Discussion on Possible Increase to Mayor and City Council Salary RECOMMENDATION:
That the City Council discuss a possible increase to Mayor and Council Member compensation.
STAFF REPORT:
City Manager Wolfe presented the staff report.
SPEAKERS/DISCUSSION:
The City Council discussed the following issues:
Any Council Member salary increase would take effect after the November 8, 2022 election
The Mayor should receive additional pay for increased obligations and appearances
Larry Bishop, Buellton, discussed Council Member compensation and thanked the Council for their service to the City of Buellton.
DIRECTION:
The City Council agreed by consensus to direct staff to bring back an ordinance that would increase Council Member compensation to $550 per month and Mayor compensation to $650 per month, effective following the November 8, 2022 election.
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report to the City Council.
City Council Meeting Minutes Page 7 January 13, 2022
ADJOURNMENT
Mayor Sierra adjourned the regular meeting at 7:52 p.m. The next regular meeting of the City Council will be held on Thursday, January 27, 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.: 3
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: January 27, 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 01/01/2022 through 01/14/2022 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, 01/01/2022 through 01/14/2022, and electronic fund transfers issued for the period of 01/01/2022 through 01/14/2022 was $264,988.69.
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 01/01/2022 through 01/14/2022.
ATTACHMENTS
Attachment 1 – Claims
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: January 27, 2022
Subject: Monthly Treasurer’s Report – December 31, 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 December 31, 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 receives and files the Treasurer’s Report for the month ending December 31, 2021.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – December 31, 2021
[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in December 31, 2021
January 27, 2022
This report presents the City’s cash activity and investment portfolio as of December 31, 2021. The report includes:
1) Cash and investments at December 31, 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 December 31, 2021
The following schedule is a summary of the City’s cash and investments based on recorded value as of December 31, 2021 compared with the prior month.
November 30, 2021 December 31, 2021 $ Change
Cash - Pooled $ 7,848,910.28 $ 7,978,023.49 $ 129,113.21 Restricted Cash $ 2,284,436.82 $ 1,752,135.97 $ (532,300.85) Investments held by the City 10,315,166.24 10,313,706.90 $ (1,459.34) TOTAL CASH AND INVESTMENTS $ 20,448,513.34 $ 20,043,866.36 $ (404,646.98) 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 October 2021 sales tax and property tax revenue offset with expenditures for public safety services for the months of November 2021 and December 2021. 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 D e c e m b e r 3 1 , 2 0 2 1
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:
Per Statements: 12/31/2021
Mechanics Bank General Checking 8,425,519.45
Mechanics Bank Money Market 206,923.38
Mechanics Bank FSA 13,164.44
Local Agency Investment Fund 8,653,994.95
Multi-Securites Bank 1,452,788.57
Sterling Bank - Escrow 1,752,135.97
Sterling Bank - Equity -
Total Cash per Statements: 20,504,526.76
Claim on Cash vs. Total Cash Per Statements: (460,660.40) Outstanding items per System Reconciliation: (460,660.40) Difference: -
9,694,708.26
3,601,510.95
(696,181.60)
6,793,421.94
(1,436,942.95)
491,491.33
36,174.55
375,004.12
231,212.47
31,105.02
615,545.51
610,416.21
243,654.16
-
-
(547,253.61)
20,043,866.36
7,964,859.05
206,923.38
13,164.44
1,452,788.57
8,653,994.95
1,752,135.97
-
20,043,866.36
999-21000 Wages Payable - -
20,043,866.36
TOTAL: Cash in Bank 20,448,513.34 (404,646.98)
-
TOTAL: Cash in Bank 20,448,513.34 (404,646.98)
999-10007 Restricted Cash - Sterling Bank Escrow 2,284,436.15 (532,300.18) 999-10008 Restricted Cash - Sterling Bank Equity 0.67 (0.67) 999-10004 Pooled Cash - Brokerage 1,454,254.94 (1,466.37) 999-10005 Pooled Cash - LAIF 8,653,994.95 -
999-10002 Pooled Cash - Money Market 206,916.35 7.03
999-10003 Pooled Cash - FSA 13,051.66 112.78
TOTAL CLAIM ON CASH 20,448,513.34 (404,646.98)
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 7,835,858.62 129,000.43 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash - (547,253.61)
075-10000 Claim On Pooled Cash 243,654.16 -
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 572,635.63 42,909.88
032-10001 Claim On Pooled Cash 610,416.21 -
027-10000 Claim On Pooled Cash 230,689.53 522.94
029-10000 Claim On Pooled Cash 32,880.02 (1,775.00)
024-10000 Claim On Pooled Cash 36,174.55 -
025-10000 Claim On Pooled Cash 301,907.62 73,096.50
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 6,770,651.59 22,770.35
CLAIM ON CASH
001-10000 Claim On Pooled Cash 9,628,428.85 66,279.41
005-10000 Claim On Pooled Cash 3,662,708.40 (61,197.45) Bank Reconciliation - December 2021
City of Buellton, CA
For the Period Ending 12/31/2021
11/30/2021
BALANCE
CURRENT
ACTIVITY
12/31/2021
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 D e c e m b e r 3 1 , 2 0 2 1
P a g e | 3
City of Buellton
Investment Summary
December 31, 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 249,000.00 252,082.62 Sallie Mae Bank 0.98% 3.20% 5 yrs. 5/9/2023 100,000.00 103,706.00 First Technology Bank Fed Cr Union 1.01% 3.60% 5 yrs. 12/26/2023 103,000.00 109,011.08 First Technology Bank Fed Cr Union 0.98% 3.35% 5 yrs. 2/6/2024 100,000.00 105,576.00 Comenity Cap Bank 1.57% 2.80% 5 yrs. 4/15/2024 160,000.00 167,553.60 Morgan Stanley Bank 0.98% 2.75% 5 yrs. 5/2/2024 100,000.00 104,666.00 Capital One Bank 0.98% 2.00% 5 yrs. 8/21/2024 100,000.00 103,107.00 Morgan Stanley Bank 0.98% 1.90% 5 yrs. 1/23/2025 100,000.00 102,970.00 State Bk India 1.96% 1.60% 5 yrs. 4/29/2025 200,000.00 204,076.00 Sallie Mae Bank 1.18% 0.80% 5 yrs. 7/1/2025 120,000.00 119,106.00 Multi-Securities Bank - Cash in Holding 80,934.27
Money Market (Held with Mechanics Bank) 2.03% 0.20% n/a 206,923.38 206,923.38 Total City Investments 100.00% $ 10,192,918.33 $ 10,313,706.90 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 D e c e m b e r 3 1 , 2 0 2 1
P a g e | 4
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 December 31, 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 December 31, 2021
Balance
4,310,205.02 4,524,298.89 9,445,291.83
633,459.15 506,131.56 3,359,370.12
006 - Wastewater Capital - 130,684.83 86,827.97
020 - Water Fund 1,377,804.03 1,118,871.32 7,437,430.78 021 - Water Capital - 294,591.28 82,182.78
176.41 - 491,491.33
9.67 - 36,174.55
182,856.81 282,952.86 362,474.12
027 - Local Transportation Fund 1,983.01 11,999.96 231,212.47 029 - Transportation Planning 8.79 3,457.50 (106,608.48) 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
8,999,825.74 44,202,685.00
24,869,114.84
092 - Capital Improvement Proj Fund - 1,910,609.81 (558,342.48) 44,617,244.64 8,585,266.10
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 12/31/2021
Fund July 1, 2021
Balance
Total Revenues
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Gregory M. Murphy, City Attorney
Meeting Date: January 27, 2022
Subject: Third Public Hearing Considering City Council Redistricting Maps and Boundaries
______________________________________________________________________________
BACKGROUND
On March 11, 2021, the City Council entered into contract with National Demographics Corporation (NDC) to assist with creating election districts for the City of Buellton.
Pursuant to state law, four public hearings are required throughout the districting process in order to obtain public input. The first public hearing was held on June 10, 2021, where the City Council received public input on district boundaries and approved the transition timeline. The second public hearing was held on July 8, 2021, where the City Council again received public input regarding district maps and election sequencing and all districtbased election data was posted to the City’s website and made available for review at City Hall. The first two hearings were held prior to release of the 2022 Census data, which was delayed due to COVID-19.
The Census data is now available and the City’s demographer Daniel Phillips, Ph.D., with NDC, has worked with staff to prepare four separate draft district maps for consideration and discussion. Staff scheduled the third public hearing on January 27, 2022, the fourth public hearing on February 24, 2022, which will include the first reading of the ordinance adopting the district map and election sequencing. The second reading of the ordinance will be presented to the City Council on March 10, 2022.
There are a number of restrictions the City is required to follow in forming election districts. Each of the four districts will need to contain about 1,294 persons (by law, total population and not registered voter population must be used to set districts) but there is some tolerance for deviation. The process will include defining neighborhoods and communities of interest to attempt to ensure they are not divided between districts. The City will also want to consider future growth and potentially set districts so that future changes can be made with as little disruption as possible. Dr. Phillips will provide a presentation (Attachment 1) detailing the transition process and the rules and goals associated with ultimately choosing a district map and election sequence.
District Elections – Third Public Hearing Page 2 January 27, 2022 An analysis of proposed map compliance with the Federal Voting Rights Act (VRA) and California Voting Rights Act (CVRA) is available for review as Attachment 2.
The four NDC draft maps are available for review on the City’s website, via the following link: https://cityofbuellton.com/government/district-based-elections/. There are also three public maps available for review via the same link. There are a total of seven draft maps.
Below are the four draft maps prepared by NDC for consideration:
1. NDC Plan 201 Demographics - NDC Plan 201 Map
District Elections – Third Public Hearing Page 3 January 27, 2022
2. NDC Plan 202 Demographics - NDC Plan 202 Map
District Elections – Third Public Hearing Page 4 January 27, 2022
3. NDC Plan 203 Demographics - NDC Plan 203 Map
District Elections – Third Public Hearing Page 5 January 27, 2022
4. NDC Plan 204 Demographics - NDC Plan 204 Map
District Elections – Third Public Hearing Page 6 January 27, 2022 Below are the three draft maps prepared by the Public for consideration:
5. Public Plan 101 Demographics - Public Plan 101 Map
District Elections – Third Public Hearing Page 7 January 27, 2022
6. Public Plan 102 Demographics - Public Plan 102 Map
District Elections – Third Public Hearing Page 8 January 27, 2022
7. Public Plan 103 Demographics - Public Plan 103 Map
District Elections – Third Public Hearing Page 9 January 27, 2022 The community has been informed and encouraged to attend public hearings through a variety of outreach efforts, including the following:
City’s Website
City’s Facebook page
Flyer included in all utility billing statements to every household (English/Spanish) Article in the City’s newsletter distributed to every household Public Hearing notices advertised in the local newspaper The City has also established a dedicated District-Based Elections page on the City’s website, with information about the process designed to comply with State requirements, which include the following:
1. A general explanation of the District-Based Election process
2. The procedures for a member of the public to testify during a public hearing or to submit written testimony directly to the Council
3. A calendar of all public hearings, which includes the time and location of the public hearing, satisfying legal notice requirements
4. The notice and staff report for each public hearing
5. Each draft map considered by the Council at a public hearing
6. The adopted final map of City Council Electoral Districts (following Council selection) State law requires the City to maintain the information on the web page for a period of 10 years.
RECOMMENDATION
That the City Council receive a presentation from the City’s demographic consultant on the district-based map boundary alternatives and election sequence options, open the public hearing to allow for public testimony, and determine two draft maps to consider during the fourth public hearing and first reading of the ordinance adopting by-district elections.
ATTACHMENTS
Attachment 1 - Power Point Presentation – Transition to District Elections Attachment 2 – Analysis of Proposed Map Compliance with VRA and CVRA
1 City of Buellton
Transition to District Elections
January 27, 2022
2 Transition Process
January 27, 2022
Step Description
Initial pre-draft
hearings:
June 10 & July 8
Held prior to release of draft maps.
Education and to solicit input on the communities in the City.
Identify “neighborhoods,” “communities of interest,” and “secondary areas.”
Initial deadline for
draft maps:
January 11
Deadline for the public to submit draft maps for inclusion in the next hearing packet and presentation.
Release draft maps:
January 20
Draft maps posted to project website.
Two hearings on
draft maps:
Jan. 27 & Feb. 24
Two meetings to discuss and revise the draft maps and to discuss the election sequence.
Map adoption:
March 10
Map adopted via ordinance/resolution.
Final map must be posted at least 3/7 days prior to adoption.
3 Rules and Goals for Drawing Districts
January 27, 2022
Equal Population
Federal Voting
Rights Act
No Racial
Gerrymandering
1. Federal Laws 2. California Criteria for
Cities
1. Geographically contiguous
2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas that
should be kept together)
3. Easily identifiable
boundaries
4. Compact
(Do not bypass one group of people
to get to a more distant group of
people)
Prohibited:
“Shall not favor or discriminate against a political
party.”
3. Other Traditional Districting
Principles
Respect voters’ choices /
continuity in office
Future population growth
4 Latino CVAP
January 27, 2022
Latinos are concentrated along Highway 101
There are no concentrations of African
Americans, Asian Americans, or Native
Americans
5 Possible Neighborhoods / Communities
January 27, 2022
January 27, 2022 6
Publicly Submitted Draft Plans
January 27, 2022 7
Publicly Submitted Draft Plans
January 27, 2022 8
Publicly Submitted Draft Plans
January 27, 2022 9
NDC Draft Plans
January 27, 2022 10
NDC Draft Plans
January 27, 2022 11
NDC Draft Plans
January 27, 2022 12
NDC Draft Plans
January 27, 2022 13
Analysis of NDC Draft Plans
NDC Plan 201
Population deviation: 9.2%
District 3 Latino CVAP: 41%
All four districts contiguous
Does not appear to unnecessarily split any
neighborhoods
Unites multi-family housing on both sides of
the freeway in District 3 (is this a benefit?)
Divides mobile home parks between Districts
1 & 4 (would they be better represented in
the same district or separate districts?)
District boundaries follow Highway 246 and
other major streets wherever possible
All four districts are compact
NDC Plan 202
Population deviation: 5.3%
District 3 Latino CVAP: 41%
All four districts contiguous
While the majority of Rancho de Maria is in
District 4, a small part of it is in District 2
Divides multi-family housing on either side
of the freeway between Districts 3 & 4
Divides mobile home parks between Districts
1 & 4 (would they be better represented in
the same district or separate districts?)
District boundaries tend to follow Highway
246 and other major streets, except for that
between Districts 2 & 4
District 2 may not be compact
January 27, 2022 14
Analysis of NDC Draft Plans
NDC Plan 203
Population deviation: 8.7%
District 3 Latino CVAP: 43%
All four districts contiguous
While the majority of River View is in
District 2, a small part of it is in District 1
Unites multi-family housing on both sides of
the freeway in District 4 (is this a benefit?)
Unites mobile home parks in District 1
(would they be better represented in the same
district or separate districts?)
District boundaries tend to follow Highway
101 and other major streets, except for that
between Districts 1 & 2
District 3 may not be compact
NDC Plan 204
Population deviation: 6.3%
District 3 Latino CVAP: 36%
All four districts contiguous
Does not appear to unnecessarily split any
neighborhoods
Unites multi-family housing on both sides of
the freeway in District 4 (is this a benefit?)
Unites mobile home parks in District 1
(would they be better represented in the same
district or separate districts?)
District boundaries follow Highway 101 and
other major streets wherever possible
All four districts are compact
January 27, 2022 15
Election Sequence Options
District NDC Plan 201 NDC Plan 202 NDC Plan 203 NDC Plan 204 1 2022 or 2024?
(Andrisek &
Sanchez)
2022
(Andrisek)
2022 or 2024?
(Andrisek &
Sanchez)
2022
(Andrisek)
2 2024
(Lewis)
2024
(Sanchez)
2022 or 2024
(vacant)
2024
(Lewis)
3 2022 or 2024
(vacant)
2024
(Lewis)
2024
(Lewis)
2024
(Sanchez)
4 2022
(King)
2022
(King)
2022
(King)
2022
(King)
(There must be two districts up in 2022 and two in 2024)
16 Public Hearing & Discussion
Questions about the proposed redistricting plans?
Which plan do you prefer?
What, if anything, would you like to see revised in your preferred plan?
Please refer to the Interactive Review Map for a
detailed look at each plan
January 27, 2022
ANALYSIS OF PROPOSED MAP COMPLIANCE WITH FEDERAL VOTING RIGHTS
ACT AND CALIFORNIA VOTING RIGHTS ACT
Key issues:
Equal representation based on total population
No racial gerrymandering
Voting Rights Act
Geographic contiguity and integrity
Geographic compactness
Neighborhoods and communities of interest
Census Bureau probable error in allocating population Overview:
At its March 28, 2019 Council meeting, the City Council agreed to transition from Buellton’s existing at-large elections, to district-based elections and entered into a settlement agreement with Southwest Voter Registration Education Project (SVREP) on April 22, 2019. SVREP had previously sent a letter notifying the City of a potential California Voting Rights Act (CVRA) violation. It is important to note that an allegation of a CVRA violation does not imply that the City or its Council is acting in a discriminatory manner; rather it is an allegation that the overall electoral system within the City is resulting in the disenfranchisement of minority voters. The intent of district-based elections is to give all legitimate groups, particularly minority groups, a better chance of being fairly represented on a City Council. Therefore, when drawing voting district maps it is important to attempt to enfranchise minority voting groups without gerrymandering a district wholly for that purpose.
District maps are based on official census counts and the population of Buellton’s districts should be within a tolerance of 10%. That is, the largest district should have no more than 10% more voters than the smallest. Under the Federal Voting Rights Act and cases interpreting that act, a greater variance is strongly disfavored but may be allowable under rare circumstances where the facts of the case support it. For example, the case Kostick v.
Nago (960 F. Supp. 2d 1074 - Dist. Court, D. Hawaii 2013) authorized Hawai’i to set legislative districts by island, even if the population variances were above the standard 10%, because the history, community of interest, and geographic factors weighed strongly in favor of doing so.
While the NDC-created maps all fall within the general 10% tolerances, one of the NDC maps may not provide, on paper, a legitimate opportunity for the City’s Hispanic/Latino population to elect a candidate of choice, yet it may still be considered on the same basis as the Hawai’i maps – the map may be viewed to better create communities of interest and represent the reality of voting in Buellton even though on paper it does fully comply with the VRA or CVRA. One reason for this is what is believed to be a Census Bureau error.
In the 2020 census, the population of the census block containing the Ranch Club Mobile Estates community dropped by 220 persons, an almost equal amount to the increase in
District Elections Legal Analysis Page 2 January 27, 2022 population of the block containing a neighborhood north of Highway 246, which the Census said doubled in size. The Ranch Club Estates experienced no actual loss of residents or structures between 2010 and 2020, and the neighborhood to the north/northeast experienced no significant construction during that time. While the actual Census Bureau numbers must be used as the baseline for the City’s mapping, this apparent error could be a factor underlying the selection of a map that increases geographic and community of interest continuity even though it creates a population variance outside the normal tolerance.
Finally, districting and sequencing of elections may take into account existing representation and the will of the voters, but gerrymandering or utilizing a nonconforming map just to retain incumbents would not be consistent with the Federal Voting Rights Act.
Analysis of the Seven Proposed Maps
NDC Plan 201
This plan creates a district in the middle of the City that would include equal numbers of Hispanic/Latino residents and White residents, though a voting age population of 41% Hispanic/Latino and 53% White. It keeps the new townhomes off McMurray together with the townhome community at the north end of Central. Under the proposed election sequence, this district would have an empty seat to fill in 2022. As the district has the highest percentage of Hispanic/Latino voters, having it fill an empty seat immediately would be consistent with the purpose of the CVRA settlement. The plan primarily utilizes Highway 246 to split two districts on the west side of the City, one north and one south.
The “southern” of the two would reach across 246 to tie together the two census blocks that appear to have been miscounted by the Census Bureau, thereby “fixing” the error. The fourth district would include most of the east side of the City, as well as the Rancho de Maria neighborhood and the Valley Station neighborhood and River Grove Mobile Home Park.
NDC Plan 202
This plan would also create a central-City district that would be 48% Hispanic/Latino and 44% White, though a voting age population of 41% Hispanic/Latino and 49% White, or slightly more keeping with the enfranchisement of Hispanic/Latino voters. The election for this district’s seat likely would not take place until 2024 due to Council Member Lewis residing in the boundaries and her having been elected on the 2024 cycle. The plan relies less on Highway 246 to separate districts, with three of the four crossing the highway. In addition, the Rancho de Maria neighborhood is split into two different districts, the two census blocks constituting the Census Bureau’s probable error are split. The Ranch Club Mobile Estates community is placed with neighborhoods to the west, with which it does not share either contiguity or community of interest.
District Elections Legal Analysis Page 3 January 27, 2022 NDC Plan 203
This plan ties the townhome community at the north-central portion of the City to the townhomes off of McMurray, but ties both of those communities to the remainder of the east side of the City. This map has the benefit of pre-planning for what appear to be new housing projects that will be proposed on the McMurray corridor in the coming year or two. The plan also creates the central-city district and a relatively compact district in the northwest of the City. It ties Rancho de Maria, the two mobile home communities, and the census block that has the probable “error” doubling its population. This “fixes” the Census Bureau’s error while creating reasonably clear communities of interest. The plan does not rely on Highway 246 to separate districts at all, but does rely on Highway 101. The central city district it creates contains a population that is 51% Hispanic/Latino, though the voting age population is only 43% Hispanic/Latino with 49% White. This is even slightly more in keeping with the enfranchisement of Hispanic/Latino voters, but again the district would not vote until 2024 due to Council Member Lewis residing there.
NDC Plan 204
This plan was designed to resemble Plan 203 but to take into account neighborhood and community of interest factors to a greater extent than it takes into account the Census Bureau’s probable error. This plan relies on knowing the neighborhoods and communities of interest in the City and attempting to balance the numbers of voters in a way that will ultimately fully enfranchise the Hispanic/Latino voters in the City. Once again, there is a central district that would be set up to meet the settlement of the CVRA complaint. This district, which includes the census block that on paper appeared to double in size by the Census Bureau’s count, would tie that neighborhood to Central Avenue, Avenue of the Flags, and the communities existing there. The northwest of the city would have a district that contains both schools. The southwest would include the neighborhood by River View Park, both mobile home communities, and all of Rancho de Maria. The final district would contain both townhome communities and all of the east side. The central city district is on paper only 45% Hispanic/Latino and 47% White, with voting-age populations of 36% Hispanic/Latino and 56% White. However, as noted above, it is believed that the Census Bureau’s likely error has caused the racial makeup of the census block north of Highway 246 to be improperly recorded. If not for the Census Bureau’s likely mistake, this map would almost certainly be similar to or in excess of Plan 203’s Hispanic/Latino voting percentage.
Public Plans
This plans submitted by the members of the public each have one major flaw that cannot be easily solved – each has a population variance of 30-51%. While, as noted above, a variance in excess of 10% can be allowed if there are special facts to support it, variations this large would likely be deemed by a court to violate the one person-one vote rule. In addition each map splits the Rancho de Maria community, each splits the community along Avenue of the Flags, and the Hispanic/Latino voting age population for the district that responds to the CVRA complaint in each is either 27% or 28%. While the low
District Elections Legal Analysis Page 4 January 27, 2022 Hispanic/Latino percentage may be attributed to the same issue as in NDC Plan 204, the numbers in these three maps skew even farther from what is desired. This, combined with the large variance in total population and the splitting of communities of interest (besides Rancho de Maria as noted above, the two townhome communities are split in all three maps, the mobile home parks are split in two of the three, the northwest is split in all three) makes these maps fall farther from the ideal.
While there is no perfect map for the City of Buellton, due to the likely Census Bureau mistake, taken with the manner in which the City has developed and the way communities of interest and neighborhoods have organically coalesced, it is believed that for the reasons noted above the NDC Plans are all viable alternatives for the City’s districting process but the Public plans would require more in-depth analysis before they could be fully supported.
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: Scott Wolfe, City Manager
Meeting Date: January 27, 2022
Subject: Consideration of Filing Notice of Dispute Pertaining to Proposed Law Enforcement Costs for FY 2022-23
______________________________________________________________________________
BACKGROUND
The City of Buellton contracts with the Santa Barbara County Sheriff’s office for law enforcement services, as do the cities of Goleta, Solvang, and Carpinteria. Per the contract terms), the City received a cost sheet (Attachment 1) on January 11, 2022, with the proposed rates for the services applicable to Fiscal Year 2022-23, which is the last year of the current five-year contract. The proposed rates show an increase in Buellton’s rates of approximately
11.2%. The rates for the other contract cities are proposed to be raised in a similar amount, though there are deviations based upon contracted staffing levels.
Last year, the four contract cities worked with the Sheriff’s office through the dispute resolution process when proposed rates for Fiscal Year 2021-22 were originally proposed to increase by approximately 48% for Buellton and between 25% and 35% for the other cities.
The dispute centered on the rate calculation process and applied cost allocation methodology utilized by the Sheriff’s Department to derive the rates.
Staff for the four cities and a jointly hired consultant (Russ Branson Consulting) have reviewed the January 11 cost sheet and back-up data and have found considerable cause for concern regarding the methodology used for developing the most recent rates. This concern leads Buellton staff to recommend submitting a notice of dispute.
A notice of dispute must be submitted to the Sheriff’s office within 30 days of the receipt of the proposed rates. This deadline is February 9. Per the contract terms, the filing of a notice of dispute will start a 30-day period during which the parties must reach an agreement or proceed to mediation. It is staff’s understanding that the other three cities will also be submitting notices of dispute.
Law Enforcement Rate Dispute Page 2 January 27, 2022
FISCAL IMPACT
No direct fiscal impact is associated with any direction requested in this report. However, a decision not to file the notice of dispute will result in the acceptance of the rates shown on the cost sheet.
RECOMMENDATION
Staff recommends that the City Council consider the matter, receive information from staff and Russ Branson Consulting, and direct staff to submit a notice of dispute to the Sheriff’s Department.
ATTACHMENTS
Attachment 1 – “Amended Exhibit E-4 – Annual Cost Computation Fiscal Year 2022-23”
Buellton
DSU Summary - Contract Cost Hours Purchased 8,760
Patrol Costs Hourly Rate Total Contract Cost
Deputy Costs
Deputy S&B Cost 102.90 901,404
Indirect Rate @ 9.5% 9.78 85,673
True-Up Cost - -
Cost Inflation @ 0% - -
Deputy S&B Cost 112.68 987,077
Patrol Support
ADMN OFFICE PRO I 0.11 964
ADMN OFFICE PRO II 4.28 37,493
ADMN OFFICE PRO SR 1.88 16,469
EXTRA HELP 0.02 175
SHERIFFS COMMANDER 3.29 28,820
SHERIFFS LIEUTENANT 7.06 61,846
SHERIFFS SERGEANT 24.79 217,160
SHERIFF'S SERVICE TECHNICIAN 1.74 15,242
Indirect Rate @ 9.5% 4.10 35,916
True-Up Cost - -
Cost Inflation @ 0% - -
Patrol Support S&B 47.27 414,085
Direct Patrol S&S 15.86 138,934
Direct Patrol S&S True-up - -
Total Patrol Cost 175.81 1,540,096
Law Enforcement Support Costs (includes S&B, Indirect, and S&S Costs) Investigations
General Investigations 29.26 256,318
SOD, Narcotics 4.28 37,493
SOD, Intelligence 2.14 18,746
SOD, High Tech Crime Unit 2.13 18,659
Total Investigations 37.81 331,216
Forensics 6.35 55,626
Crime Analysis Unit 1.16 10,162
Property & Evidence 3.01 26,368
True-Up Cost - -
Total Law Enforcement Support 48.33 423,371
Hourly Contract Rate 224.14 1,963,466
Menu Items 283,150
Dispatch 104,340
DSU Admin 19,533
Total Contract FY 20-21 Actuals 2,370,489
Inflation - 2 years @ 3.0% 144,363
Applied True-up for FY 2020-2021 246,481
Total Contract FY 22-23 Estimate 2,761,333
Amended Exhibit E-4
Annual Cost Computation Fiscal Year 2022-23
Buellton - Menu Items Detail FY 20-21 (actuals)
Position Reimbursable Cost Basis Hours Full Cost Unreimbursable Cost NON -RELIEF TRAFFIC DEPUTY 175,630 1,824 175,630 -
Total S&B 175,630 1,824 175,630 -
Patrol Support
ADMN OFFICE PRO I 213
ADMN OFFICE PRO II 7,973
ADMN OFFICE PRO II - EXH 1
ADMN OFFICE PRO SR 3,498
EXTRA HELP 39
SHERIFFS COMMANDER 6,143
SHERIFFS LIEUTENANT 13,169
SHERIFFS SERGEANT 46,221
SHERIFF'S SERVICE TECHNICIAN 3,252
S&S Cost 27,011
Total Patrol Support 107,520
Total Costs 283,150 1,824 -
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: Scott Wolfe, City Manager
Meeting Date: January 27, 2022
Subject: Presentation by Central Coast Community Energy ______________________________________________________________________________
BACKGROUND
In January of 2022, Buellton residents and businesses will transition from having their electric power provided by Pacific Gas and Electric (PG&E) to having it provided by Central Coast Community Energy (3CE). This transition will occur on the meter read date during the month of January for each customer.
As part of their extensive efforts to make the public aware of this transition, 3CE has been making presentations to various groups, including the Chamber of Commerce at its January mixer held on January 19. In a continuation of these efforts, 3CE will make a brief presentation to the City Council at tonight’s meeting.
This item in informational in nature only, and no action is required of the City Council at this time.
FISCAL IMPACT
No fiscal impact is associated with any direction requested in this report.
RECOMMENDATION
Staff recommends that the City Council receive the presentation by 3CE.
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: Andrea Keefer, Planning Director
Meeting Date: January 27, 2022
Subject: Consideration of a New Contract with Metro Ventures Ltd. for Irma L. Tucker to Provide Professional Planning Services
______________________________________________________________________________
BACKGROUND
The contract for Irma L. Tucker of Metro Ventures, for professional planning services, expires on March 3, 2022. Ms. Tucker has assisted the Planning Department by taking on major special projects and work that is subject to reimbursement by major developers, to reduce the overall Department workload.
Ms. Tucker has worked at total of 409 hours from July 1, 2021 through December 31, 2021.
This is approximately 78% of the total allowable under the Metro Ventures contract. 84.5 of those 409 hours have been billed to private projects for reimbursement. Therefore, the total charged to the City during this eight month period is $33,169.50, including $6,844.50 of that amount billed to private projects. A total of 92 hours, or approximately 22.5% of her total hours to-date under the current contract have been spent on the Land Use and Circulation Element (LUCE) Update. This is consistent with the scope of the Metro Ventures contract being major special projects and reimbursable work. It is anticipated that Ms. Tucker will expend the total amount of the current contract, however, will not exceed the contract amount.
The services provided by Ms. Tucker through Metro Ventures continue to fill the staffing gap for the City. The Planning Department is currently undertaking or gearing up to begin several long-range planning efforts, as well as processing several large private development projects in the City. At the time of the last request for a new contract with Metro Ventures, Staff anticipated that there would be a need for Ms. Tucker’s services through March 2, 2022. However, based upon the current workload of the Department, anticipated timeline for several projects currently underway, and reduced Planning staff expected due to an anticipated upcoming extended medical leave of the Planning Director; Ms. Tucker’s services will continue to be necessary through November 2022 to complete these projects within anticipated timelines and to allow for an adequate transition period upon the expected
Metro Ventures Contract Page 2 January 27, 2022
return of the Planning Director. The proposed contract would be for a period of just over 8 months; beginning on March 3, 2022 and ending on November 10, 2022.
Ms. Tucker has been working on a number of projects which are being funded through outside sources, such as grant funding or developer reimbursement. While the work funded through these sources will continue, the proportion of work paid for through general fund expenditures will increase as she will assume some of the duties currently being carried out by the Planning Director.
The total proposed contract would be 720 hours at $81 per hour for a total contract amount of $58,320. This would include a maximum of 20 hours per week. Ms. Tucker’s services will be invaluable through at least November 2022 to help alleviate delays and allow the Planning Department to continue to provide timely services.
This independent consultant position does not include any benefits, which are provided to Ms. Tucker through her employer or otherwise. Metro Ventures is a private company that employs Ms. Tucker and regularly makes her available to cities and other entities needing planning expertise. Under the existing contract, Ms. Tucker is given assignments of major projects with key due dates, and she then works out the best schedule for the completion of her tasks. In addition, she is required to check in at City Hall at least twice a month but otherwise determines whether she will work at City Hall or at her home office, depending on the work to be done and her overall schedule.
FISCAL IMPACT
A budget amendment in the amount of $58,320 would be required to cover the cost of Contract Services with Metro Ventures Ltd. and would apply to both Fiscal Year 21/22 and Fiscal Year 22/23. It is anticipated that a portion of her contract will be covered by private development reimbursement and grant funds that have been awarded to the City to cover the cost of consultant services for certain work. While efforts will be made to cover as much of the contract’s costs with private development reimbursement and grant funding, the amount of future reimbursable work is not known at this time. Therefore, the maximum fiscal impact to the City beyond what is currently budgeted would be $58,320.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to enter into a new contract for Contract Planning Services with Metro Ventures Ltd. beginning March 3, 2022 and ending on November 10, 2022 with a rate of $81 per hour for a maximum of 720 hours.
ATTACHMENTS
Attachment 1 – Draft Contract
IRV #4823-8106-7689 v2
AGREEMENT FOR PLANNING PROJECT SERVICES
BETWEEN
CITY OF BUELLTON
AND
METRO VENTURES LTD.
This AGREEMENT FOR PLANNING PROJECT SERVICES BETWEEN THE CITY OF BUELLTON and METRO VENTURES LTD. (“AGREEMENT”), is made and entered into this ____ day of___________, 2022 by and among the CITY OF BUELLTON a municipal corporation (“CITY”) and METRO VENTURES LTD., a California business entity (“CONSULTANT”).
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
TERM OF AGREEMENT.
Subject to the provisions of SECTION 19 “TERMINATION OF AGREEMENT” of this AGREEMENT, the term of this AGREEMENT shall be for a period commencing March 3, 2022 and continuing through November 10, 2022. Such term may be extended upon written agreement of both parties to this AGREEMENT.
Notwithstanding the foregoing, the City Manager and Planning Director shall have the responsibility to review CONSULTANT’s workload and performance on the first business day of June 2022 and the first business day of September 2022 and may reduce the SCOPE OF SERVICES or may terminate the AGREEMENT pursuant to Section 19 if it is found that the SCOPE OF SERVICES can be carried out by CITY staff without CONSULTANT’s assistance.
SCOPE OF SERVICES.
CONSULTANT agrees to perform the services set forth in EXHIBIT “A”, “SCOPE OF SERVICES” and made a part of this AGREEMENT.
ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT “A” unless such additional services are authorized in advance and in writing by the City Council or City Manager of CITY. CONSULTANT shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager.
COMPENSATION AND METHOD OF PAYMENT.
Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT “A” and made a part of this AGREEMENT, Each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges for labor only (by sub-category). CITY may provide office space and supplies, which CONSULTANT may choose to use. Time spent on travel and mileage to and from home are not
IRV #4823-8106-7689 v2
included as part of this AGREEMENT, however the CONSULTANT shall be compensated for travel time and mileage incurred using a private vehicle while performing services under this AGREEMENT as authorized by the City Manager. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event CITY disputes any charges or expenses, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission.
Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT invoice.
Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT.
INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANTs work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANTs work within sixty (60) days after submitted to CITY. CITY shall reject work by a timely written explanation, otherwise CONSULTANTs work shall be deemed to have been accepted. CITY’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of CONSULTANTs work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, sections 15 and 16, pertaining to indemnification and insurance, respectively.
OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may not be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
CONSULTANTS BOOKS AND RECORDS.
CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANTs performance of services pursuant to this AGREEMENT.
CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for three years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
IRV #4823-8106-7689 v2
Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon written request by CITY or its designated representative. Copies of such documents or records shall be provided directly to the CITY for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANTs address indicated for receipt of notices in this AGREEMENT.
Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANTs business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives.
STATUS OF CONSULTANT.
CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY; whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY.
The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT’s exclusive direction and control.
Neither CITY nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANTs officers, employees or agents, except as specifically set forth in this AGREEMENT. Neither CONSULTANT nor any of CONSULTANT’s officers, employees or agents shall at any time or in any manner represent that they, or any of them, are in any manner officials, officers, employees or agents of CITY.
Neither CONSULTANT nor CONSULTANT’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY’s employees. To the fullest extent permitted by any applicable law(s), CONSULTANT expressly waives any claim(s) CONSULTANT or CONSULTANT’s officers, employees or agents may have to any such rights.
STANDARD OF PERFORMANCE.
CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.
COMPLIANCE WITH APPLICABLE LAWS, PERMITS AND LICENSES.
IRV #4823-8106-7689 v2
CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT. CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
NONDISCRIMINATION.
Basic Provisions. In performing the Work, CONSULTANT agrees as follows:
CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. CONSULTANT will take positive action or ensure that applicants are employed, and that employees are treated during employment with CONSULTANT, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: Employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause.
CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-129961), except where such discrimination is based on a bona fide occupational qualification. (3) CONSULTANT will comply with all applicable training requirements under state and federal harassment prevention laws for its officers, employees or agents and otherwise take reasonable steps to prevent harassment of CITY employees by CONSULTANT’s officers, employees and agents on the basis of their actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status.
UNAUTHORIZED ALIENS.
CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §1101, et seq. as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONSULTANT so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should any liability or sanctions be imposed against CITY for
IRV #4823-8106-7689 v2
such use of unauthorized aliens, CONSULTANT hereby agrees to and shall reimburse CITY for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by CITY.
CONFLICTS OF INTEREST.
CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANTs performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager.
CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of services for other governmental agencies, community organizations, and/or private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.
CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager, except as may be required by law.
CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT.
Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives CITY notice of such court order or subpoena.
If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of CONSULTANT’s conduct.
CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT and the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to
IRV #4823-8106-7689 v2
discovery requests provided by CONSULTANT, However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.
INDEMNIFICATION.
INDEMNITY FOR OTHER THAN PROFESSIONAL LIABILITY: Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, and any and all of its boards, employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees or subcontractors of CONSULTANT. With respect to the performance of professional services, CONSULTANT shall indemnify, defend, and hold harmless CITY and the above-listed indemnitees to the greatest extent allowable by California law and this AGREEMENT shall not be construed to require CONSULTANT to indemnify, defend, or hold harmless City or said indemnitees in violation of any provision of California law.
INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT “B” “INSURANCE” and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. CONSULTANT agrees to provide CITY with copies of required policies upon request.
ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANTs duties or obligations under this AGREEMENT without the prior written consent of the City Council.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors.
CONTINUITY OF PERSONNEL.
CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANTs staff assigned to perform the services required under this AGREEMENT. CONSULTANT agrees that the staff currently assigned to perform the services required under this AGREEMENT is Irma Tucker and that CONSULTANT shall notify CITY of any changes in CONSULTANTs staff assigned to the CITY prior to any such changes taking place.
TERMINATION OF AGREEMENT.
IRV #4823-8106-7689 v2
CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CONSULTANT shall cease immediately all work in progress.
CONSULTANT may terminate this AGREEMENT at any time upon thirty-(30) days written notice of termination to CITY.
If either CONSULTANT or CITY fail to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, either CONSULTANT, or CITY may terminate this AGREEMENT immediately upon written notice.
Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY, which is in CONSULTANTs possession, shall be returned to CITY. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 of this AGREEMENT. This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.
DEFAULT.
In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT,
EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of CITY, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.
COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT “A” “SCOPE OF SERVICES”, shall be furnished to CONSULTANT in every reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.
NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, transmitted by electronic means, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To CITY: City of Buellton
Attn: Scott Wolfe
P.O. Box 1819
IRV #4823-8106-7689 v2
107 W. Highway 246
Buellton, CA 93427
E-mail: [email protected]
To: Metro Ventures, Ltd.
Attn: Irma L. Tucker
2430 Leaflock Avenue
Westlake Village, CA 93161
E-mail: [email protected]
Notice shall be deemed effective on the date personally delivered, transmitted by electronic means with receipt acknowledged by recipient, or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.
BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. In the event of any conflict between the terms and conditions of this AGREEMENT and attached Exhibit “A”, the terms and conditions of this AGREEMENT shall control. In the event of any conflict between the terms and conditions of this AGREEMENT and any attached exhibits, the terms and conditions of this AGREEMENT will control.
WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
IRV #4823-8106-7689 v2
ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may he entitled.
ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBITS “A” and “B”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SEVERABILITY.
If a term, condition or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.
METRO VENTURES LTD.
By:
Irma L. Tucker
Title: President
CITY OF BUELLTON
By:
Scott Wolfe
Title: City Manager
APPROVED AS TO FORM:
Greg M. Murphy, City Attorney
IRV #4823-8106-7689 v2
EXHIBIT “A”
SCOPE OF SERVICES
The CONSULTANT shall perform contract planning services projects as directed by the City Manager of the City of Buellton, including major special projects and reimbursable work as listed below.
Serve as project manager on development projects within the Avenue of Flags Specific plan.
Serve as project manager for large or complex development projects that may arise. Oversee the preparation of the Land Use and Circulation Element Update, to include the oversight of the requisite environmental documentation preparation. Oversee the preparation of the Housing Element Update and related implementation documents, to include the oversight of the requisite environmental documentation preparation.
Oversee the preparation of the Comprehensive Zoning Code Update, to include the oversight of the requisite environmental documentation preparation. Oversee the preparation and completion of the Community Design Guidelines Update. Research and prepare grant applications.
Similar work may be performed if the City Manager deems it necessary and directs that it be done, but must be accomplished within this AGREEMENT’s hours limitation. CONSULTANT’s billing rate shall be $81/hour. The AGREEMENT is limited to 720 hours for a not-to-exceed cost of $58,320 unless the term of the AGREEMENT is extended in writing pursuant to Section 1.
The work schedule shall be mutually agreed upon by the CITY and CONSULTANT, subject to project deadlines and ensuring reasonable availability of CONSULTANT during business hours.
CONSULTANT shall check in with the Planning Director (or City Manager in the Planning Director’s absence) by phone once per month. CONSULTANT can otherwise set its own work hours and location; if CONSULTANT desires to work at a City location and space is available, CITY will offer such space to CONSULTANT at no cost.
IRV #4823-8106-7689 v2
EXHIBIT “B”
INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager or City Council, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. CONSULTANT shall provide the following scope and limits of insurance:
1. Minimum Scone of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form number CA 0001 (Ed.1/87) covering Automobile Liability, including code 1 “any auto” and endorsement CA 0025, or equivalent forms subject to the written approval of the City.
2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:
1. All Policies. Each insurance policy required by this AGREEMENT shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days’ prior written notice by Certified mail, return receipt requested, has been given to the CITY FINANCE DIRECTOR.
2. General Liability Accident -- Mobile Liability Rates. (1) CITY and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees.
(2) CONSULTANTs insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANTs insurance.
(3) CONSULTANTs insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
IRV #4823-8106-7689 v2
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.
C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.
2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANTs liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.