Buellton City Council
June 23, 2022

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of June 23, 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.

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 electronically by clicking here.

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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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.

1. Minutes of June 9, 2022 Regular City Council Meeting

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

City Council Meeting Agenda Page 2 June 23, 2022

3. Monthly Treasurer’s Report – May 31, 2022
 (Staff Contact: Finance Director Shannel Zamora)

4. Resolution No. 22-24 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2022-23”  (Staff Contact: Finance Director Shannel Zamora)

5. Acceptance of Bid and Award of Construction Contract for the 2021/2022 Road Maintenance Project
 (Staff Contact: Public Works Director Rose Hess)

6. Contract Amendment to the Agreement for Animal Control Services between the County of Santa Barbara and the City of Buellton – Fiscal Year 2022-27  (Staff Contact: City Manager Scott Wolfe)

7. Award of Contract for Wastewater Collection System Cleaning and Closed Circuit Television Inspection Services
 (Staff Contact: Public Works Director Rose Hess)

PRESENTATIONS

PUBLIC HEARINGS

COUNCIL MEMBER COMMENTS/ITEMS

WRITTEN COMMUNICATIONS

COMMITTEE REPORTS

BUSINESS ITEMS (POSSIBLE ACTION)

8. Update on Broadband Strategic Planning Effort
 (Staff Contact: City Manager Scott Wolfe)

9. Request for Use of Affordable Housing In-Lieu Funds from Palm Communities  (Staff Contact: City Manager Scott Wolfe)

10. Contract with Buellton Chamber of Commerce for Operation of a Visitors Bureau  (Staff Contact: City Manager Scott Wolfe)

11. Request to Authorize Funding for Environmental Studies for Willemsen Property Improvements
 (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT

City Council Meeting Agenda Page 3 June 23, 2022

CLOSED SESSION ITEMS (POSSIBLE ACTION)

12. Closed Session Pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation

13. Closed Session - California Government Code Section 54957 regarding:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, July 14, 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 June 9, 2022
City Council Chambers, 140 West Highway 246
Buellton, California

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

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Council Members Ed Andrisek, Elysia Lewis, John Sanchez, and Vice Mayor Dave King

Absent: Mayor Holly Sierra
Staff: City Manager Scott Wolfe, City Clerk Linda Reid, City Attorney Greg Murphy, Public Works Director Rose Hess, and Finance Director Shannel Zamora (via Zoom), and Contract City Planner Irma Tucker (via Zoom)

REORDERING OF AGENDA
None

PUBLIC COMMENTS
None

1. Minutes of May 26, 2022 Regular City Council Meeting

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

3. Resolution No. 22-21 – “A Resolution of the City Council of the City of Buellton, California, Acknowledging the Receipt of and Ordering the Filing of the Annual Statement of Investment Policy for Fiscal Year 2022-23 with the City Council”

4. Biennial Review of Conflict of Interest Code

City Council Meeting Minutes Page 2 June 9, 2022

5. Resolution No. 22-22 – “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Mid-Cycle Budget Amendments Related to Fiscal Year 2022-23”

6. Resolution No. 22-23 – “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference” MOTION:

Motion by Council Member Lewis, seconded by Council Member Andrisek, approving Consent Calendar Items 1 through 6 as listed.

VOTE:

Motion passed by a roll call vote of 4-0.

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

PRESENTATIONS

None

PUBLIC HEARINGS

7. Resolution No. 22-14 – “A Resolution of the City Council of the City of Buellton, California, Regarding the Commitments and Publishing the Report Required by Central Coast Water Authority Resolution Nos. 92-02 and 92-11” RECOMMENDATION:

That the City Council consider approval of Resolution No. 22-14.

STAFF REPORT:

Public Works Director Hess presented the staff report.

SPEAKERS/DISCUSSION:

Vice Mayor King opened the public hearing at 6:05 p.m. There being no public comment, Vice Mayor King closed the Public Hearing at 6:06 p.m.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Lewis, seconded by Council Member Sanchez adopting Resolution No. 22-14 – “A Resolution of the City Council of the City of Buellton, California, Regarding the Commitments and Publishing the Report Required by Central Coast Water Authority Resolution Nos. 92-02 and 92-11”

City Council Meeting Minutes Page 3 June 9, 2022
VOTE:

Motion passed by a roll call vote of 4-0.

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

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Sanchez thanked staff for clearing the weeds along Highway 246 at La Lata Drive.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Council Member Sanchez announced that he attended a Central Coast Water Authority (CCWA) board meeting and provided an oral report for the record.

Vice Mayor King and Council Member Sanchez announced that they attended an Ad Hoc Committee meeting pertaining to the Santa Ynez Valley Community Aquatics Center and provided an oral report for the record.

BUSINESS ITEMS

8. Conceptual Review of “Campus 36” Mixed-Use Project; APN 099-690-048 – Southern Terminus of Industrial Way
RECOMMENDATION:

That the City Council review the conceptual project plans regarding Campus 36 and provide comments to the Applicant on the project.

STAFF REPORT:

Contract City Planner Tucker presented the staff report. City Manager Wolfe discussed how the conceptual review should move forward as a project discussion at this point.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

SPEAKERS/DISCUSSION:

Correspondence opposing the development of Campus 36 was received and made part of the record from Carola Berger, PhD. and Joe Manser.

City Council Meeting Minutes Page 4 June 9, 2022
The project applicant discussed the conceptual review of Campus 36 and displayed a presentation explaining the project.

Joe Manser, President of Rancho de Maria Homeowner’s Association discussed the residents’ concerns related to the easement connecting the Association and the proposed project and use of the Association’s amenities.

Kirk Nordgren, Buellton, stated he’s in favor of the proposed project as discussed but the project density calls for more recreational opportunities for Buellton residents.

Terry Albrecht, Buellton, discussed the various impacts that could come from the proposed project and how the developer will address those impacts.

Hudson Hornick, Buellton, stated that mixed-use development belongs on the Avenue of Flags, rather than on Industrial Way.

Joeleen Lee, Buellton, talked about her concerns regarding the proposed project, especially with the access easement.

Nancy Dorwin, Buellton, spoke about using the proposed project site for solar panels, rather than a development project.

Troy Morehouse, Buellton, questioned how the developer would ensure the live-work rental units would remain as such and making sure the project did not turn into fraternitystyle living.

Les Rose, Buellton, expressed his concern over the project’s density and stated the area should be developed for recreation to serve the entire community.

The City Council discussed the following issues:
 Adding a walking path along Zaca Creek Golf Course and a river trail  Whether the community/recreation areas would be available to all residents  Adding playgrounds to the development
 Making the access easement for emergency use only
 Adding attractive landscaping adjacent to the proposed project  Using garages to park vehicles and not for residential storage  Defining the live-work component of the project
 Parking in the proposed project
DIRECTION:

The City Council provided comments and suggestions regarding the conceptual review of Campus 36.

CITY MANAGER’S REPORT

City Council Meeting Minutes Page 5 June 9, 2022

CLOSED SESSION ITEMS

9. Closed Session Pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation
The City Council met in closed session to discuss Item 9. No reportable action was taken.

ADJOURNMENT
Vice Mayor King adjourned the regular meeting at 8:23 p.m. The next regular meeting of the City Council will be held on Thursday, June 23, 2022 at 6:00 p.m. _________________________________
Dave King
Vice 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: June 23, 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 05/28/2022 through 06/10/2022 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, 05/28/2022 through 06/10/2022, and electronic fund transfers issued for the period of 05/28/2022 through 06/10/2022 was $1,108,496.47.

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 05/28/2022 through 06/10/2022.

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: June 23, 2022

Subject: Monthly Treasurer’s Report – May 31, 2022
______________________________________________________________________________

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 May 31, 2022. 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 May 31, 2022.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – May 31, 2022

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in May 31, 2022
June 23, 2022
This report presents the City’s cash activity and investment portfolio as of May 31, 2022. The report includes:
1) Cash and investments at May 31, 2022 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 May 31, 2022
The following schedule is a summary of the City’s cash and investments based on recorded value as of May 31, 2022 compared with the prior month.

April 30, 2022 May 31, 2022 $ Change
Cash - Pooled $ 9,883,737.66 $ 10,695,989.34 $ 812,251.68 Restricted Cash $ 446,760.72 $ 446,784.30 $ 23.58
Investments held by the City 10,281,818.88 10,283,804.78 $ 1,985.90 TOTAL CASH AND INVESTMENTS $ 20,612,317.26 $ 21,426,578.42 $ 814,261.16 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 March 2022 sales tax, April 2022 transient occupancy tax and receipt of property taxes. The value of investments decreased mainly due to 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 M a y 3 1 , 2 0 2 2
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:

Per Statements: 5/31/2022
Mechanics Bank General Checking 11,132,872.64
Mechanics Bank Money Market 206,957.63
Mechanics Bank FSA 15,741.52
Local Agency Investment Fund 8,665,800.51
Multi-Securites Bank 1,411,046.64
Sterling Bank - Escrow 446,760.72
Total Cash per Statements: 21,879,179.66
Claim on Cash vs. Total Cash Per Statements: (452,601.24) Outstanding items per System Reconciliation: (452,601.24) Difference: -
11,187,620.08
2,787,690.80
(633,806.04)
6,455,430.13
(1,222,597.25)
491,830.91
36,196.23
413,778.35
223,217.01
27,660.54
792,502.75
610,782.05
261,803.86
-
-
(5,531.00)
21,426,578.42
10,680,247.82
206,957.63
15,741.52
1,411,046.64
8,665,800.51
446,784.30
-
21,426,578.42
999-21000 Wages Payable - -
21,426,578.42
TOTAL: Cash in Bank 20,612,317.26 814,261.16
-
TOTAL: Cash in Bank 20,612,317.26 814,261.16
999-10007 Restricted Cash - Webster Bank Escrow 446,760.72 23.58 999-10008 Restricted Cash - Webster Bank Equity - -
999-10004 Pooled Cash - Brokerage 1,409,068.00 1,978.64 999-10005 Pooled Cash - LAIF 8,665,800.51 -
999-10002 Pooled Cash - Money Market 206,950.37 7.26
999-10003 Pooled Cash - FSA 15,283.06 458.46
TOTAL CLAIM ON CASH 20,612,317.26 814,261.16

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 9,868,454.60 811,793.22 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 26,831.75 (32,362.75)
075-10000 Claim On Pooled Cash 261,803.86 -
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 759,013.47 33,489.28
032-10001 Claim On Pooled Cash 610,782.05 -
027-10000 Claim On Pooled Cash 224,492.54 (1,275.53)
029-10000 Claim On Pooled Cash 27,660.54 -
024-10000 Claim On Pooled Cash 36,196.23 -
025-10000 Claim On Pooled Cash 394,184.19 19,594.16
021-10000 Claim on Pooled Cash (1,222,597.25) -
023-10000 Claim On Pooled Cash 491,830.91 -
006-10000 Claim on Pooled Cash (633,806.04) -
020-10000 Claim On Pooled Cash 6,291,077.65 164,352.48

CLAIM ON CASH
001-10000 Claim On Pooled Cash 10,610,761.92 576,858.16 005-10000 Claim On Pooled Cash 2,734,085.44 53,605.36
Bank Reconciliation - May 2022
City of Buellton, CA
For the Period Ending 5/31/2022
4/30/2022

BALANCE

CURRENT

ACTIVITY
5/31/2022
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 M a y 3 1 , 2 0 2 2
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City of Buellton
Investment Summary
May 31, 2022
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 84.92% 0.32% n/a n/a 8,665,800.51 $ $ 8,665,800.51 Wells Fargo Bank 2.44% 2.25% 5 yrs. 8/16/2022 249,000.00 249,610.05 Sallie Mae Bank 0.98% 3.20% 5 yrs. 5/9/2023 100,000.00 101,103.00 First Technology Bank Fed Cr Union 1.01% 3.60% 5 yrs. 12/26/2023 103,000.00 104,680.96 First Technology Bank Fed Cr Union 0.98% 3.35% 5 yrs. 2/6/2024 100,000.00 101,195.00 Comenity Cap Bank 1.57% 2.80% 5 yrs. 4/15/2024 160,000.00 160,120.00 Morgan Stanley Bank 0.98% 2.75% 5 yrs. 5/2/2024 100,000.00 99,919.00 Capital One Bank 0.98% 2.00% 5 yrs. 8/21/2024 100,000.00 98,077.00 Morgan Stanley Bank 0.98% 1.90% 5 yrs. 1/23/2025 100,000.00 97,257.00 State Bk India 1.96% 1.60% 5 yrs. 4/29/2025 200,000.00 192,012.00 Sallie Mae Bank 1.18% 0.80% 5 yrs. 7/1/2025 120,000.00 112,051.20 Multi-Securities Bank - Cash in Holding 95,021.43
Money Market (Held with Mechanics Bank) 2.03% 0.20% n/a 206,957.63 206,957.63 Total City Investments 100.00% $ 10,204,758.14 $ 10,283,804.78 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 M a y 3 1 , 2 0 2 2
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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 May 31, 2022.

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 May 31, 2022
Balance
8,964,764.57 7,598,891.81 11,034,151.72
1,159,634.01 1,839,646.35 2,565,013.55
006 - Wastewater Capital - 68,309.27 149,203.53
020 - Water Fund 2,419,804.02 2,895,920.98 6,705,666.96 021 - Water Capital 15,190.00 95,435.58 296,528.48
515.99 - 491,830.91

31.35 - 36,196.23
278,035.06 332,745.71 407,859.52
027 - Local Transportation Fund 4,948.99 21,294.74 224,883.67 029 - Transportation Planning 26.81 6,150.00 (109,282.96) 031 - Measure A 355,690.39 230,984.24 840,464.87
032 - American Relief Act Fund 610,782.05 - 610,782.05
075 - Trust & Agency Fund 214.85 - 10,608.35
090 - Long-Term Debt - - (3,856,421.20)
091 - General Fixed Assets - - 24,869,114.84
3,370,431.27
16,497,891.94 44,238,518.53
24,869,114.84
092 - Capital Improvement Proj Fund - 3,408,513.26 (38,081.99) 43,556,341.11 17,180,069.36
241,229.42
(103,159.77)
715,758.72
-
10,393.50
(3,856,421.20)
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 9,668,278.96
005 - Sewer Fund 3,245,025.89
217,512.80
7,181,783.92
Fund Balance Report
City of Buellton, CA 5/31/2022
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: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: June 23, 2022
Subject: Resolution No. 22-24 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2022-23”
______________________________________________________________________________

BACKGROUND
In 1979, the voters of the State of California passed Proposition 4, the “Gann Initiative”, which added Article XIII-B to the State Constitution. This Article provides that the City’s annual appropriations be subject to certain State limitations based upon budgeted appropriations for Fiscal Year 1978-79 and adjusted annually for changes in population and cost of living or personal income. New legislation under Proposition 98 and 111 modified the original provisions of the law, allowing exemptions for qualified capital projects and adjustment factor changes.

The limitation for Fiscal Year 2022-23 is $15,251,825. The Gann spending limitation is calculated by taking the prior year’s limitation of $14,161,322 and adjusting it by the growth factor in the California Per Capita Personal Income and the change in the population within Santa Barbara County. The City elected the higher change in population factor between the City of Buellton and Santa Barbara County. The appropriations subject to the limit is $8,040,137 which is under the appropriation limit by $7,211,688.

Therefore, the City of Buellton is in compliance with Article XIII-B of the California Constitution for Fiscal Year 2022-23. The Article XIII-B is not a restricting factor for the City of Buellton due to the combination of modest population growth and continued General Fund spending on qualified capital projects. These factors will continue to be monitored annually and if the use of alternative growth factors as authorized by Proposition 111 would result in a more advantageous appropriation limit, staff will revise the appropriations limit.

Under Government Code section 7910, documentation used in the determination of the appropriations limit is available to the public upon request.

Resolution No. 22-24 Page 2 June 23, 2022

FISCAL IMPACT
There will be no fiscal impact to the City because appropriations are below the limit.

RECOMMENDATION
That the City Council consider adoption of Resolution No. 22-24 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2022-23”

ATTACHMENTS
Resolution No. 22-24 (Exhibit A)
Attachment 1 - Letter dated May 2022 from California Department of Finance Attachment 2 - Gann Limit Calculation Worksheets FY 2022-23

RESOLUTION NO. 22-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, ESTABLISHING AN
APPROPRIATION LIMIT FOR FISCAL YEAR 2022-23
WHEREAS, Article XIII-B of the California Constitution provides that the total annual appropriations limit of this City shall not exceed the appropriations limit for the prior year, except as adjusted for changes in the cost of living or personal income and population, or as otherwise provided for in said Article XIII-B and implementing State statutes; and WHEREAS, pursuant to said Article XIII-B of said California Constitution, the City is required to set its appropriation limit for each fiscal year, and has made available to the public the documentation used in the determination of said appropriation limit; and WHEREAS, in 1990, the voters of California adopted Proposition 111 which amended Article XIII-B of the California Constitution; and
WHEREAS, among the changes implemented by Proposition 111 are adjustments to the growth factors used to calculate the annual appropriation limit; and WHEREAS, Proposition 111 established Fiscal Year 1986-87 as the base year for calculating the annual Appropriation Limit and permits the City to re-establish the annual Appropriation Limit for all succeeding years based upon the new growth factors; and WHEREAS, a resolution establishing the annual appropriations limit is to be adopted at a regularly scheduled meeting of the City Council; and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE, AND REQUEST AS FOLLOWS:

SECTION 1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.

SECTION 2. The Council of the City of Buellton elects to use the change in California per capita income as the cost of living adjustment factor and the annual population change for Santa Barbara County as the population adjustment.

SECTION 3. The appropriation limit is amended for Fiscal Year 2022-23 and is hereby set forth as Exhibit “A” in the amount of $15,251,825.

Resolution No. 22-24 Page 2 June 23, 2022
SECTION 4. The City reserves the right to adjust or amend the appropriations limit based upon the use of alternative growth factors as authorized by Proposition 111 if such changes or revisions would result in a more advantageous appropriation limit, now or in the future.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 23rd day of June, 2022. __________________________________
Holly Sierra
Mayor
ATTEST:
___________________________________
Linda Reid
City Clerk

EXHIBIT “A”

CITY OF BUELLTON
Calculation Using Per Capita Personal Income and Population Change Annual Appropriations Subject to Gann Limit
Fiscal Year 2022-23
Appropriations Subject to Limitation
Fiscal year 2022-23 adopted revenues $12,592,504
Less:

Non-proceeds of tax (3,352,367)

1. Qualified Capital Outlay* (1,200,000)
Plus:

User-fees in excess of costs -
__________
Total Appropriations Subject to limitation $8,040,137
Appropriations Limit
Fiscal year 2021-22 appropriation limit, adopted $ 14,161,322 A. California per Capita adjustment 1.0014
B. Population adjustment 1.0755
Change factor (A X B) 1.0770
Increase in appropriation limit $ 1,090,503
Fiscal year 2022-23 appropriation limit $15,251,825
*Qualified Capital Outlay: Appropriation for a fixed asset with a useful life of 10 years or more and a value which equals or exceeds $100,000.

: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

May 2022
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

KEELY MARTIN BOSLER
Director
By:

ERIKA LI
Chief Deputy Director
Attachment

May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723

Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Santa Barbara
Buellton
Carpinteria
Goleta
Guadalupe
Lompoc
Santa Barbara
Santa Maria
Solvang
Unincorporated
-2.51
-2.29
-2.17
-0.90
-2.11
-2.16
-0.95
-2.54

4.47 5,185
13,267
33,315
8,622
41,966
88,479
110,969
5,858
130,861
5,055
12,963
32,591
8,544
41,079
86,571
109,910
5,709
136,711
5,055
12,963
32,591
8,544
43,845
86,591
109,910
5,709
139,956
County Total 0.14 438,522 439,133 445,164
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

City FY 2022-2023
a b c
Revenue Source Proceeds of Taxes Non-Proceeds of Taxes Total Taxes
Property Tax 1,774,876 1,774,876
Sales and Use Tax 3,100,000 3,100,000
Transactions and Use Tax - -
Business License Tax - -
Utility User Tax - -
Transient Occupancy Tax 3,600,000 3,600,000
Documentary or Real Property Transfer Taxes 50,888 50,888 Parcel Taxes - -
Other Taxes -
Fees from Worksheet #2 => 122,420 85,500 207,920
Benefit Assessments - -
Franchises (Cable/Video, Solid Waste, Electric/Gas, etc.) 330,000 330,000 Fines, Forfeitures and Penalties 7,800 7,800
Rents, Royalties and Concessions 126,000 126,000
Gifts -
Licenses and Permits
Include regulatory licenses and permits as regulatory fees in Worksheet 2.

Include public property, facility or equipment rental licenses/permits in "rents" above.

Include business license taxes in "taxes" above.

From State
Motor Vehicle License Fee 584,895 584,895
Homeowners Property Tax Relief Reimb. 7,058 7,058
Williamson Act -
Motor Vehicle Fuel (gasoline) Tax 4,080 4,080
Proposition 42 Gasoline Sales Tax -
Citizens Option for Public Safety (COPS) 156,000 156,000 Proposition 172 Public Safety Sales Tax - -
State Mandate Reimbursements - -
Other discretionary state grants and aid -
Other non-discretionary state grants and aid 100,897 100,897 Repealed Subventions
Criminal Justice Fee (Booking Fee) Relief -
Discretionary Local Assistance (1999-00, 2000-01) -
Police Technology Grants (CLEEP) -
Liquor License Fees -
Highway Carriers Uniform Business Tax -
Financial Aid to Local Agencies -
Business Inventory Exemption Reimbursement -
Trailer Coach / Mobile Home VLF -
1978-79 Bailout Funds -
Other Governments
Federal General Revenue Sharing -
Federal CDBG -
Housing (HUD) -
Disaster Reimbursement -
Other -
Other Miscellaneous
Sale of property (See "Qualified Capital Outlays") -
Interfund transfers -
1 Sub-Total non-interest revenues 9,240,137 810,277 10,050,414 2 Interest Earnings from Worksheet #4 => - - -
3 Reserve Withdrawls 2,542,090 2,542,090
4 Total 9,240,137 810,277 10,050,414
Total revenue plus reserve withdrawls (1c + 3c) 12,592,504 ©2016 Michael Coleman. Use with attribution.

Proceeds of Taxes
Worksheet #1
City of Buellton
To Worksheet 4
To Worksheet 4
To Worksheet 8

City FY 2022-2023
a i ii b=i+ii c=b-a d
Program Area Fee Revenue Direct Costs
Allocated
Overhead Total Costs
Costs minus
Revenues
Revs > Costs?
C=negative
1 8,950 - (8,950) 8,950
2 - - -
3 - - -
4 10,080 - (10,080) 10,080
5 - - -
6 188,890 85,500 85,500 (103,390) 103,390
7 - - -
8 - - -
9 - - -
10 - - -
11 - - -
12 - - -
13 - - -
14 - - -
15 - - -
16 Proceeds of Taxes => 122,420
= sum of column d
Non-Proceeds of taxes => 85,500
Do not include: rents, entrance fees, royalties, concessions, franchises, fines, forfeitures, penalties, or assessments on real property. =sum of column a minus d16 ©2016 Michael Coleman. Use with attribution.

Other
City of Buellton
Worksheet #2
Regulatory Fees, User Fees & Charges
Solid Waste
General Gov't - Management/Support
Police - Law Enforement
Transportation - Public Works
Planning and Development
Building, Construction and Fire Safety
Parks and Recreation, museums, etc.

Water
Sewer
To Worksheet 1
To Worksheet 1

City FY 2022-2023
Amount
Court Orders
sub-total -
Federal Mandates
sub-total -
Qualified Capital Outlay
1,200,000
sub-total 1,200,000
Qualified Debt Service
sub-total -
Total Exclusions 1,200,000
©2016 Michael Coleman. Use with attribution.

Worksheet #3
Excluded Appropriations
City of Buellton
Project#092-220 Willemsen Parking Lot
To Worksheets 4 and 8

City FY 2022-2023
Amount
a) Non-interest Tax Proceeds 9,240,137
b) Minus Exclusions 1,200,000
c) Net invested proceeds from taxes 8,040,137
d) Total revenue plus reserve withdrawls 12,592,504
e) Proceeds of taxes as a percentage of revenues 0.63848596 f) Interest earnings - Total
g) Amount of interest earned from "proceeds of taxes" - ©2016 Michael Coleman. Use with attribution.
from Worksheet #1
Worksheet #4
Interest Allocation
City of Buellton
Source
from Worksheet #1
from Worksheet #3
a-b
e * f
c / d
To Worksheet 1
To Worksheet 1

City
For
Fiscal Year Jan 1
City
Population
Countywide
Population Jan 1
City
Population
Countywide
Population
City %
Change
County %
Change
1986-87 1985 1986
1987-88 1986 - - 1987
1988-89 1987 - - 1988
1989-90 1988 - - 1989
1990-91 1989 - - 1990
1991-92 1990 - - 1991
1992-93 1991 - - 1992
1993-94 1992 - - 1993
1994-95 1993 - - 1994
1995-96 1994 - - 1995
1996-97 1995 - - 1996
1997-98 1996 - - 1997
1998-99 1997 - - 1998
1999-00 1998 - - 1999
2000-01 1999 - - 2000
2001-02 2000 - - 2001
2002-03 2001 - - 2002
2003-04 2002 - - 2003
2004-05 2003 - - 2004
2005-06 2004 - - 2005
2006-07 2005 - - 2006
2007-08 2006 - - 2007
2008-09 2007 - - 2008
2009-10 2008 - - 2009
2010-11 2009 - - 2010
2011-12 2010 - - 2011
2012-13 2011 - - 2012
2013-14 2012 - - 2013
2014-15 2013 - - 2014 4,893 433,398
2015-16 2014 4,893 433,398 2015 4,931 437,643 0.8% 1.0% 2016-17 2015 4,931 437,643 2016 4,957 446,717 0.5% 2.1% 2017-18 2016 4,957 446,717 2017 5,129 450,663 3.5% 0.9% 2018-19 2017 5,129 450,663 2018 5,291 453,457 3.2% 0.6% 2019-20 2018 5,291 453,457 2019 5,407 445,292 2.2% -1.8% 2020-21 2019 5,407 445,292 2020 5,447 451,840
2021-22 2020 5,447 451,840 2021 5,435 441,172
2022-23 2021 5,435 441,172 2022 5,055 445,164
2023-24 2022 5,055 445,164 2023
2024-25 2023 - - 2024
2025-26 2024 - - 2025
2026-27 2025 - - 2026
Select highest population factor for the year (column e or f) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.

Worksheet #5
Population Changes
City of Buellton

City
a b c d
NRAV ARpy = b ÷ c
Factors for
Fiscal Year published
Dollar Value
of New
Nonresidential
Construction in
the jurisdiction from …
Total
secured and
unsecured
assessment roll
in the jurisdiction for …
Source: County
Assessor
Source: County
Assessor
1987-88 3.47% May 1, 1987 1986 to 1987 1986
1988-89 4.66% May 1, 1988 1987 to 1988 1987
1989-90 5.19% May 1, 1989 1988 to 1989 1988
1990-91 4.21% May 1, 1990 1989 to 1990 1989
1991-92 4.14% May 1, 1991 1990 to 1991 1990
1992-93 -0.64% May 1, 1992 1991 to 1992 1991
1993-94 2.72% May 1, 1993 1992 to 1993 1992
1994-95 0.71% May 1, 1994 1993 to 1994 1993
1995-96 4.72% May 1, 1995 1994 to 1995 1994
1996-97 4.67% May 1, 1996 1995 to 1996 1995
1997-98 4.67% May 1, 1997 1996 to 1997 1996
1998-99 4.15% May 1, 1998 1997 to 1998 1997
1999-00 4.53% May 1, 1999 1998 to 1999 1998
2000-01 4.91% May 1, 2000 1999 to 2000 1999
2001-02 7.82% May 1, 2001 2000 to 2001 2000
2002-03 -1.27% May 1, 2002 2001 to 2002 2001
2003-04 2.31% May 1, 2003 2002 to 2003 2002
2004-05 3.28% May 1, 2004 2003 to 2004 2003
2005-06 5.26% May 1, 2005 2004 to 2005 2004
2006-07 3.96% May 1, 2006 2005 to 2006 2005
2007-08 4.42% May 1, 2007 2006 to 2007 2006
2008-09 4.29% May 1, 2008 2007 to 2008 2007
2009-10 0.62% May 1, 2009 2008 to 2009 2008
2010-11 -2.54% May 1, 2010 2009 to 2010 2009
2011-12 2.51% May 1, 2011 2010 to 2011 2010
2012-13 3.77% May 1, 2012 2011 to 2012 2011
2013-14 5.12% May 1, 2013 2012 to 2013 2012
2014-15 -0.23% May 1, 2014 2013 to 2014 2013
2015-16 3.82% May 1, 2015 2014 to 2015 2014
2016-17 5.37% May 1, 2016 2015 to 2016 2015
2017-18 3.69% May 1, 2017 2016 to 2017 2016
2018-19 3.67% May 1, 2018 2017 to 2018 2017
2019-20 3.85% May 1, 2019 2018 to 2019 2018
2020-21 3.73% May 1, 2020 2019 to 2020 2019
2021-22 5.73% May 1, 2021 2020 to 2021 2020
2022-23 7.55% May 1, 2022 2021 to 2022 2021
2023-24 May 1, 2023 2022 to 2023 2022
2024-25 May 1, 2024 2023 to 2024 2023
2025-26 May 1, 2025 2024 to 2025 2024
2026-27 May 1, 2026 2025 to 2026 2025
Select highest factor for the year (column a or d) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.

Worksheet #6
Cost of Living Adjustment Factors
Source: Calif Dept of Finance
Change in
assessment roll
due to addition of
local nonresidential
new construction
Percentage
Change in
Per Capita
Personal
Income
City of Buellton

City FY 2022-2023
Amount
a) Prior Year Appropriations Limit 14,161,322
b) Adjustment Factors percent ratio
1) Population Change 0.14% 1.001
Population in city or county?
2) Cost of Living 7.55% 1.076
State CPI or % New non-residential?
3) Combined adjustment factor 1.077
c) Adjusted Limit 15,251,825
d) Alterations
Transfer of Financial Responsibility
Transfer to Fees
Emergency
Voter Override
Total Alterations -
e) Appropriations Limit - Current Year 15,251,825
©2016 Michael Coleman. Use with attribution.
"city" or "county"
"CPI" or "%new non-resid AV"
Worksheet #7
Appropriations Limit
Source
Prior year schedules
City of Buellton
Select from Worksheet 5
Select from Worksheet 6
b1 * b2
a * b3
sum of d
c + d

City FY 2022-2023
Amount
a) Proceeds of Taxes 9,240,137
b) Exclusions 1,200,000
c) Appropriations Subject to Limitation 8,040,137
d) Appropriations Limit (current year) 15,251,825
e) Under (Over) Limit 7,211,688
©2016 Michael Coleman. Use with attribution.

Source
Worksheet #8
Appropriations Subject to Limitation
City of Buellton
d-c
Worksheet #1
Worksheet #3
a-b
Worksheet #7

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: Rose Hess, Public Works Director
Meeting Date: June 23, 2022
Subject: Acceptance of Bid and Award of Construction Contract for the 2021/2022 Road Maintenance Project

BACKGROUND
In May 2022 the City published a Notice to Contractors inviting sealed bids for the 2021/2022 Road Maintenance Project. The Project will include slurry seal pavement maintenance of the Meadow View neighborhood, as well as localized asphalt repairs in various locations throughout the City. In addition, repairs include pavement striping, localized concrete repairs, and traffic sign replacement.

On June 14, 2022, three (3) bids were received for the project from the following contractors:

Bid
Rank
Contractor Bid Schedule
A
Bid Schedule
B
Total Bid Schedule
Slurry seal and
Various R&R
City-wide
striping
Total A + B
1 Pavement Coating
Co.
$370,110.85 $23,000.00 $393,110.85
2 VSS International $457,245.40 $23,754.60 $481,000.00
3 American Asphalt $330,915.90 $26,000.00 $356,915.90
The low bidder is American Asphalt with a total bid (A+B) of $356,915.90. Staff has reviewed all the bid documents and has found them to be complete. Bid amounts have also been verified. Staff has reviewed and verified license, bonds and references for American Asphalt.

In addition, staff recommends adding a contingency amount of 15%, $53,537.39 for additional repairs that may be needed. This would bring the total contract amount to $410,453.29.

It is anticipated that the effective date of the Notice to Proceed for work will be issued in July. The project term is 40 working days (approximate completion is August 2022).

Road Maintenance Contract Page 2 June 23, 2022

FISCAL IMPACT
The 21/22 Road Maintenance Project is budgeted in the 21/22 FY Capital Improvement Project List. (092-320). Funding is appropriated in the 2021/22 Biennial budget for construction ($500,000) and project management/inspections ($83,000) amount of $583,000 through General Fund, Gas Tax (including SB1), and Measure A.

RECOMMENDATION
That the Council award the 2021/22 Road Maintenance Project construction contract to American Asphalt in the amount of $356,915.90 plus a contingency amount of 15%, $53,537.39 for a total contract amount of $410,453.

ATTACHMENTS
Attachment 1 – 21/22 Road Maintenance Plan Set

PAGE 91 FY2021-22 ANNUAL ROAD MAINTENANCE PROJECT
AP3 – ADDITIONAL/ADDITIVE BID SCHEDULE B PROJECT EXHIBITS JUNE 2022 TETRA TECH, INC. CITY OF BUELLTON, CALIFORNIA
AP2 PROJECT EXHIBITS AND STANDARD DETAILS
EXH-1 Type II Slurry Seal Layout – Meadow Ridge Tract
EXH-2 AC Dig-Out Repair Locations
EXH-3 Concrete Repair Locations
EXH-4 Riverview Park
BSD 301 – SPANDREL AND CROSS GUTTER
BSD 302 – CURB AND GUTTER
BSD 304 – COMMERCIAL DRIVEWAY
BSD 306 – CURB AND SIDEWALK
BSD 308 – CURB AND SIDEWALK JOINTS
Buellton Striping and Marking Atlas
Bid Schedule A Sheets – (E2, F2, F3)

EXHIBIT-1

MEADOW RIDGE TRACT TYPE II SLURRY SEAL

BID SCHEDULE A
NOTES:

1. CONTRACTOR SHALL INSTALL TYPE II SLURRY SEAL

WITIN THE MEADOW RIDGE TRACT AS SHOWN ON
THE EXHIBITS.

2. TYPE II SLURRY SEAL SHALL BE PER THE PROJECT

SPECIFICATIONS
�
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<:!
0 ° 209 VALLEY STATION DR
BUELL TON, CA 93427

CITY OF BUELL TON
FY22-23 ANNUAL ROAD MAINTENANCE PROJECT
Project No.:200155059-20003
-
Date: JUNE 2022
Designed By:

EXH-1
;;; .__ _________________________________________ ........ _____ r_EL....:<•_os-'-)_84_ 2 •_os_ -

2.__ ________________ __. ______ _.

EXHIBIT-2

AC DIG-OUT REPAIR LOCATIONS

BID SCHEDULE A
�TEIIIA'l'KH
www.tetratech.com
209 VALLEY STATION DR
BUELL TON, CA 93427
TEL (805) 642·9052

CITY OF BUELL TON
FY22·23 ANNUAL ROAD MAINTENANCE PROJECT
Project No.:200-155059-20003
Date: JUNE 2022
Designed By:

EXHIBIT-3

CONCRETE REPAIR LOCATIONS

BID SCHEDULE A
�TEIIIA'l'KH
www.tetratech.com
209 VALLEY STATION DR
BUELL TON, CA 93427
TEL (805) 642-9052

CITY OF BUELL TON
FY22·23 ANNUAL ROAD MAINTENANCE PROJECT
Project No.:200-155059-20003
Date: JUNE 2022
Designed By:

EXHIBIT-4

RIVERVIEW PARK NEW COLORED CONCRETE

BID SCHEDULE A
�TEIIIA'l'KH
www.tetratech.com
209 VALLEY STATION DR
BUELL TON, CA 93427
TEL (805) 642·9052

CITY OF BUELL TON
FY22·23 ANNUAL ROAD MAINTENANCE PROJECT
Project No.:200-155059-20003
Date: JUNE 2022
Designed By:

State Highway 246
Caltrans (N.I.C.) Caltrans (N.I.C.) City of Buellton Striping and Pavement Marking Atlas MNS Engineers 2019 Legend: =7 (154 SF) Stop Bar=5 (100 SF) =1 (35 SF) =1 (23 SF) Solid Yellow=80 LF Dashed Yellow=35 LF =13 1 inch = 100 feet P:\cibue Buellton\BC001\CADD\BC001\dwg\Survey\bc001-striping Atlas\STRIPING_ATLAS.dwgSheet Totals: Curb Paint= 0 LF Markings= 312 SF Striping= 115 LF Markers= 13 EA

City of Buellton Striping and Pavement Marking Atlas MNS Engineers 2019 Legend: Red Curb=333 LF Yellow Curb=16 LF Hazard Curb=16 LF =7 (154 SF) Stop Bar=7 (140 SF) =6 (138 SF) Solid White=2,198 LF Solid Blue=273 LF =13Atlas 1 inch = 100 feet P:\cibue Buellton\BC001\CADD\BC001\dwg\Survey\bc001-striping Atlas\STRIPING_ATLAS.dwgSheet Totals: Curb Paint= 365 LF Markings= 432 SF Striping= 2,471 LF Markers= 13 EA

State Highway 246 Caltrans (N.I.C.)
Caltrans (N.I.C.)
Caltrans (N.I.C.)
Private (N.I.C.)
Caltrans (N.I.C.) City of Buellton Striping and Pavement Marking Atlas MNS Engineers 2019 Legend: Red Curb=306 LF =8 (176 SF) Stop Bar=4 (80 SF) =10Atlas 1 inch = 100 feet P:\cibue Buellton\BC001\CADD\BC001\dwg\Survey\bc001-striping Atlas\STRIPING_ATLAS.dwgSheet Totals: Curb Paint= 306 LF Markings= 256 SF Striping= 0 LF Markers= 10 EA

PAGE 92 FY2021-22 ANNUAL ROAD MAINTENANCE PROJECT
AP3 – ADDITIONAL/ADDITIVE BID SCHEDULE B PROJECT EXHIBITS JUNE 2022 TETRA TECH, INC. CITY OF BUELLTON, CALIFORNIA
AP3 ADDITIONAL/ALTERNATIVE BID SCHEDULE B PROJECT EXHIBITS Buellton Striping and Marking Atlas
Additional/Alternate Bid Schedule B Sheets – (F4, G4, H3, H4)

State Highway 246
Caltrans (N.I.C.)
Private (N.I.C.)
Caltrans (N.I.C.)
Caltrans (N.I.C.) Caltrans (N.I.C.) City of Buellton Striping and Pavement Marking Atlas MNS Engineers 2019 Legend: Red Curb=855 LF =8 (176) SF Stop Bar=5 (100 SF) =2 (70 SF) =9 (63 SF) "25" Marking=2 (35 SF) Solid Yellow=113 LF Crosswalk=4 (770 SF) Dashed Yellow=273 LF =10 1 inch = 100 feet P:\cibue Buellton\BC001\CADD\BC001\dwg\Survey\bc001-striping Atlas\STRIPING_ATLAS.dwgSheet Totals: Curb Paint= 855 LF Markings= 1151 SF Striping= 386 LF Markers= 10 EA

Striping
and
Pavement Marking
Atlas
1 inch = 100 feet
Legend:

Red Curb=506 LF
Dashed Yellow=336 LF
=5
Sheet Totals:

Curb Paint= 506 LF
Markings= 0 SF
Striping= 336 LF
Markers= 5 EA
MNS Engineers 2019
P:\cibue Buellton\BC001\CADD\BC001\dwg\Survey\bc001-striping Atlas\STRIPING_ATLAS.dwg

City of Buellton Striping and Pavement Marking Atlas MNS Engineers 2019 Legend: Dashed Yellow=112 LF =2 1 inch = 100 feet P:\cibue Buellton\BC001\CADD\BC001\dwg\Survey\bc001-striping Atlas\STRIPING_ATLAS.dwgSheet Totals: Curb Paint= 0 LF Markings= 0 SF Striping= 112 LF Markers= 2 EA

Private Drive Not in contract City of Buellton Striping and Pavement Marking Atlas MNS Engineers 2019 Legend: Red Curb=19 LF =4 (864 SF) =4 (46 SF) Dashed Yellow=140 LF =9 1 inch = 100 feet P:\cibue Buellton\BC001\CADD\BC001\dwg\Survey\bc001-striping Atlas\STRIPING_ATLAS.dwgSheet Totals: Curb Paint= 19 LF Markings= 910 SF Striping= 140 LF Markers= 9 EA

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: June 23, 2022

Subject: Contract Amendment to the Agreement for Animal Control Services between the County of Santa Barbara and the City of Buellton – Fiscal Years 2022-2027
______________________________________________________________________________

BACKGROUND

The County Animal Control Services contract expires on June 30, 2022. The County has provided a contract for the next 5 year period of service. The new contract incorporates cost recovery measures in the form of a phase-in of cost increases over the period of the contract. While significant as a percentage increase over the costs of services for the current fiscal year (3.3% the first year, and 5.6% for each of the next four years), the overall dollar value of this increase is relatively small. The past few years have seen very small increases to the Animal Control Services contract, with increases for the past two years being less than CPI. The opportunity to phase in (and lock in) cost increases over the next several years allows the City to adequately plan for and budget increased costs.

The Agreement provides that the County’s Division of Animal Services shall perform both field and shelter services including, but not limited to, impounds, shelter boarding, euthanasia, injured animal care, dead animal pick-up and disposal, code enforcement, and twenty-four hour emergency service requests.

The City cannot provide the same level of services for the amount charged through the Agreement. All other terms and conditions remain the same as in the Agreement for Animal Control Services for the last fiscal year. The services provided by the County have been satisfactory in providing animal control services within the City of Buellton.

FISCAL IMPACT

The cost for the services is $43,820 for Fiscal Year 2022-23, with increases of approximately 5.6% each year following. Adequate funds have been appropriated in the Fiscal Year 2022-23 budget for this item.

Animal Control Services Agreement Page 2 June 23, 2022

RECOMMENDATION
That the City Council approve and authorize the City Manager to sign the Agreement for Animal Control Services between County of Santa Barbara and City of Buellton for Fiscal Years 2022-2027.

ATTACHMENTS
Attachment 1 – Agreement for Animal Control Services between County of Santa Barbara and City of Buellton for Fiscal Years 2022-2027

Animal Services Revenue Agreement– City of Buellton Page 1

AGREEMENT FOR ANIMAL CONTROL SERVICES
between

COUNTY OF SANTA BARBARA
and

CITY OF BUELLTON
THIS AGREEMENT (hereafter Agreement) is made by and between the County of Santa Barbara, a political subdivision of the State of California (hereafter COUNTY) and City of Buellton, a municipal corporation in Santa Barbara County (hereafter CITY) wherein COUNTY agrees to provide and CITY agrees to accept the services specified herein.

WHEREAS, CITY, mindful of its duties and responsibilities to protect and maintain the public health, safety, and welfare of its citizens and provide for the humane care of animals, finds it necessary to regulate and control the enforcement of Animal Control Ordinances within the CITY; and WHEREAS, CITY has determined that the best interest of the CITY would be served by having the animal control services provided by the COUNTY; and
WHEREAS, pursuant to Section 101400 of the Health and Safety Code, COUNTY and CITY may contract for the performance by COUNTY employees for any or all functions relating to and in connection with the enforcement of local health and sanitation laws; and
WHEREAS, historically the County has subsidized CITY’s costs for these animal control services using Tobacco Settlement and COUNTY General Fund dollars. On April 19, 2022, the COUNTY Board of Supervisors directed the COUNTY to phase out the County’s General Fund subsidy calculated based on FY 21-22 fiscal year over a five-year period to alleviate the financial burden on CITY and add a 2.5% Consumer Price Index increase.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

The County agrees, through its Animal Services division (“Animal Services”) to provide animal services to the City as set forth herein and in the attached Service Level Request (EXHIBIT A), as it may be amended by the parties from time to time.

Such services shall comply with applicable County ordinances, the municipal code of the City and the statutes of the State of California. The County will provide only those services set forth in the attached Service Level Request (EXHIBIT A) and Municipal Code Enforcement (EXHIBIT C).

1. DESIGNATED REPRESENTATIVE
Paige Batson at phone number (805) 319-8646 is the representative of COUNTY and will administer this Agreement for and on behalf of COUNTY. Scott Wolfe at phone number (805) 688-5177 is the authorized representative for CITY. Changes in designated representatives shall be made only after advance written notice to the other party.

Animal Services Revenue Agreement– City of Buellton Page 2

2. NOTICES
Any notice or consent required or permitted to be given under this Agreement shall be given to the respective parties in writing, by personal delivery, or with postage prepaid by first class mail, registered or certified mail, or express courier service, as follows:

To COUNTY: Paige Batson, Deputy Director, Community Health 548 W. Foster Road
Santa Maria, CA 93455
(805) 319-8646
To City: Scott Wolfe, City Manager
107 W. Highway 246
P.O. Box 1819
Buellton, CA 93427
(805) 688-5177
or at such other address or to such other person that the parties may from time to time designate in accordance with this Notices section. If sent by first class mail, notices and consents under this section shall be deemed to be received five (5) days following their deposit in the U.S. mail. This Notices section shall not be construed as meaning that either party agrees to service of process except as required by applicable law.

3. SCOPE OF SERVICES
COUNTY agrees to provide services to CITY in accordance with the Service Level Request (EXHIBIT A) attached hereto and incorporated herein by reference. The COUNTY is contracting to enforce the CITY codes listed in Exhibit C.

4. TERM
The term of this Agreement shall be from July 1, 2022 through June 30, 2027.

5. COMPENSATION OF COUNTY
For services rendered between the period of July 1, 2022, and June 30, 2027, City shall pay County in accordance with terms of Exhibit B attached hereto and incorporated herein by reference. Invoices shall be delivered quarterly to the CITY either by email or to the address specified in Section 2, NOTICES above. Unless otherwise specified on EXHIBIT B, payment shall be net thirty (30) days from presentation of invoice.

6. INTERPRETATION/APPLICATION OF CITY CODES
City shall be responsible for the legal work associated with the interpretation and prosecution of its ordinances, and defense of the ordinance content and application.

7. INDEPENDENT CONTRACTOR
The parties hereto, in the performance of this Agreement, will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers, or associates of one another. The parties intend that an independent contractor relationship will be created by this Agreement. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever.

Without limiting the foregoing, the City shall advise the County's Division of Animal Services in the implementation and enforcement of its code pursuant to this Agreement.

Animal Services Revenue Agreement– City of Buellton Page 3

8. CONFLICT OF INTEREST
CITY covenants that CITY presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CITY further covenants that in the performance of this Agreement, no person having any such interest shall be employed by CITY.

9. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
All reports and documents prepared by County under this Agreement are the joint property of the City and the County.

No materials produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country except as determined at the sole discretion of COUNTY. COUNTY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use in whole or in part, any reports, data, documents or other materials prepared under this Agreement.

10. NO PUBLICITY OR ENDORSEMENT
CITY shall not use COUNTY’s name or logo or any variation of such name or logo in any publicity, advertising or promotional materials. CITY shall not use COUNTY’s name or logo in any manner that would give the appearance that the COUNTY is endorsing CITY. CITY shall not in any way contract on behalf of or in the name of COUNTY. CITY shall not release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning the COUNTY or its projects, without obtaining the prior written approval of COUNTY.

11. COUNTY PROPERTY AND INFORMATION
All of COUNTY’s property, documents, and information provided for CITY’s use in connection with the services shall remain COUNTY’s property, and CITY shall return any such items whenever requested by COUNTY and whenever required according to the Termination section of this Agreement. CITY may use such items only in connection with providing the services. CITY shall not disseminate any COUNTY property, documents, or information without COUNTY’s prior written consent.

12. INDEMNIFICATION AND INSURANCE

12.1 Indemnification.

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead all parties agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully defend, indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the acts or omissions of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage, claim, expense, cost, or liability occurring by reason of the acts or omissions of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement

12.2 Insurance.

Each party recognizes and accepts the other party is self-insured. Either party may purchase commercial insurance to cover their exposure hereunder, in whole or in part.

Animal Services Revenue Agreement– City of Buellton Page 4

13. NONDISCRIMINATION
COUNTY hereby notifies CITY that COUNTY's Unlawful Discrimination Ordinance (Article XIII of Chapter 2 of the Santa Barbara County Code) applies to this Agreement and is incorporated herein by this reference with the same force and effect as if the ordinance were specifically set out herein and CITY agrees to comply with said ordinance.

14. NONEXCLUSIVE AGREEMENT
CITY understands that this is not an exclusive Agreement and that COUNTY shall have the right to negotiate with and enter into contracts with others to provide the same or similar services as those provided to CITY as the COUNTY desires.

15. ASSIGNMENT
COUNTY shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of CITY and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

16. TERMINATION

16.1 For Cause. In the event of a material breach of this Agreement, either party may initiate termination of the Agreement. The aggrieved party shall serve the other party with a thirty (30) day notice to cure the breach.

The notice must specify in detail the nature of the alleged material breach, including the supporting factual basis and any relevant documentation. (i) A material breach by COUNTY may include, but not be limited to, COUNTY’s failure to meet the requirements described in Exhibit A of this Agreement; (ii) A material breach by CITY may include, but not be limited to, failing to make timely payments as required by this Agreement.

The party receiving the notice shall have ten (10) days from the date of receipt to respond to the alleged breach by either requesting in writing a meeting with the noticing party, curing the breach, or if the breach is of such a nature that it cannot be reasonably cured within thirty (30) days, commence curing the breach within said period and notifying the other party of the actions taken. If a meeting is requested by the party receiving the notice, it shall be scheduled within ten (10) days of the date notice is received. If corrective action is not taken by the party receiving notice, or the parties do not reach an agreement during the notice period, the parties shall deliver to each other all data, estimates, graphs, summaries, reports, and all other records, documents or papers as may have been accumulated or produced by the other party in performing this Agreement, whether completed or in process, and this Agreement shall terminate upon completion of the thirty (30) day notice period, at the option of the noticing party, notwithstanding any other provision of this Agreement.

16.2 For Convenience. COUNTY or CITY may terminate this Agreement upon sixty (60) days written notice.

Following notice of such termination, COUNTY shall cease work and notify CITY as to the status of its performance.

16.3 Notwithstanding any other payment provision of this Agreement, CITY shall pay COUNTY for service performed to the date of termination to include a prorated amount of compensation due hereunder less payments, if any, previously made. The foregoing is cumulative and shall not affect any right or remedy which COUNTY may have in law or equity.

17. NONAPPROPRIATON OF FUNDS
Notwithstanding any other provision of this Agreement, in the event that no funds or insufficient funds are appropriated or budgeted by federal, state or COUNTY governments, or funds are not otherwise available for services in the fiscal year(s) covered by the term of this Agreement, then COUNTY will notify CITY of such occurrence and COUNTY may terminate or suspend this Agreement in whole or in part, with or without a prior notice period. Subsequent to termination of this Agreement under this provision, COUNTY shall have no obligation to provide services with regard to the remainder of the term.

Animal Services Revenue Agreement– City of Buellton Page 5

18. SECTION HEADINGS
The headings of the several sections, and any Table of Contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

19. SEVERABILITY
If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

20. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved to COUNTY is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.

21. TIME IS OF THE ESSENCE
Time is of the essence in this Agreement and each covenant and term is a condition herein.

22. NO WAIVER OF DEFAULT
No delay or omission of COUNTY to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Agreement to COUNTY shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of COUNTY.

23. ENTIRE AGREEMENT AND AMENDMENT
In conjunction with the matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein.

This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.

24. SUCCESSORS AND ASSIGNS
All representations, covenants and warranties set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.

25. COMPLIANCE WITH LAW
CITY shall, at its sole cost and expense, comply with all County, State and Federal ordinances and statutes now in force or which may hereafter be in force with regard to this Agreement. The judgment of any court of competent jurisdiction, or the admission of CITY in any action or proceeding against CITY, whether COUNTY is a party thereto or not, that CITY has violated any such ordinance or statute, shall be conclusive of that fact as between CITY and COUNTY.

26. CALIFORNIA LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California. Any litigation regarding this Agreement or its contents shall be filed in the County of Santa Barbara, if in state court, or in the federal district court nearest to Santa Barbara County, if in federal court.

Animal Services Revenue Agreement– City of Buellton Page 6

27. EXECUTION OF COUNTERPARTS
This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

28. AUTHORITY
All signatories and parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, CITY hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which CITY is obligated, which breach would have a material effect hereon.

29. SURVIVAL
All provisions of this Agreement which by their nature are intended to survive the termination or expiration of this Agreement shall survive such termination or expiration.

30. PRECEDENCE
In the event of conflict between the provisions contained in the numbered sections of this Agreement and the provisions contained in the Exhibits, the provisions of the Exhibits shall prevail over those in the numbered sections. (Signatures on following pages)

Animal Services Revenue Agreement– City of Buellton Page 7 Agreement for Animal Control Services between the County of Santa Barbara and City of Buellton IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on July 1, 2022.

ATTEST: COUNTY OF SANTA BARBARA:

Joan Hartmann
Mona Miyasato
County Executive Officer
Clerk of the Board
By: By:

Deputy Clerk Chair, Board of Supervisors
Date:

RECOMMENDED FOR APPROVAL: APPROVED AS TO ACCOUNTING FORM:

Van Do-Reynoso, MPH, PhD
Public Health Department
Director
Betsy M. Schaffer, CPA
Auditor-Controller
By: By:

Department Head Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:

Rachel Van Mullem
County Counsel
Greg Milligan, ARM
Risk Manager
By: By:

Deputy County Counsel Risk Management

Animal Services Revenue Agreement – City of Buellton Page 8 Agreement for Animal Control Services between the County of Santa Barbara and City of Buellton IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on July 1, 2022.

CITY OF BUELLTON
By: ______________________________________________________ Scott Wolfe, City Manager
Date: _______________
ATTEST:

By: __________________________________________
Linda Reid, City Clerk
APPROVED AS TO FORM:

By: _________________________________________
Gregory M. Murphy, City Attorney

Animal Services Revenue Agreement – City of Buellton Page 9

EXHIBIT A

SERVICE LEVEL REQUEST
DEFINITIONS. For the purpose of this Agreement, the following terms shall have the meaning as set forth below:

1. IMPOUND: Taking physical custody of an animal that has been taken to the County Animal Shelter or relocated. For purposes of this definition, “IMPOUND” refers the County’s receipt of animals that are brought to the County Animal Shelter by City residents as well as animals that have been brought to the County Animal Shelter by Animal Control Officers acting within the scope of their duties.

2. SHELTERING SERVICES: Providing food, water, enrichment, and humane housing for an impounded animal, and the cleaning and disinfecting of such housing.

3. ROUTINE VETERINARY CARE WHILE IN COUNTY CUSTODY: Shall include intake vaccines, deworming, flea control, general exam, rabies vaccine, general medications, and bandage changes.

4. EUTHANASIA: The humane killing of an animal by lethal injection.

5. DEAD ANIMAL DISPOSAL: Disposing of all dead animals brought to the County Animal Shelter by City staff or a resident of the City.

6. RABIES SPECIMEN TESTING: Deceased animal specimens submitted by City to County for the purpose of rabies testing. Brain specimen will be extracted by County staff and testing conducted by the Public Health Laboratory.

Animal Sheltering Services
The County will impound animals, humanely maintain impounded animals, and if necessary, euthanize animals in accordance with applicable law. In addition, the City authorizes the County to enforce the specific City ordinances provided in Exhibit C. The location of this service will be at the discretion of the County.

The County shall provide animal sheltering services to the City for all those animals originating within the boundaries of the City (whether picked up in the City or dropped off at the County’s animal shelter) as a result of:
confiscation, requests for euthanasia, owner surrender, owner return, pick-up of stray animals and transfers. For animals originating in the City, the County shall provide the following animal care services: return to home and reunification of animals with owners, community safety net counseling and resource options to keep animals with their families, impoundment of stray animals, impoundment of protective custody animals, impoundment of dogs who pose a risk to public safety, sheltering services, boarding, enrichment, quarantine, veterinary services, euthanasia services, animal adoptions, foster program, disposal of dead animals, volunteer management, return-to-field services for cats and related administrative services.

Impounded animals will be vaccinated and provided necessary care, microchipping, food and shelter in accordance with the provisions of state law. The animal’s picture will be posted on the Santa Barbara County Animal Services’ (“SBCAS”) website as soon as practicable to assist the City’s residents in reclaiming a missing pet. The owner or person entitled to the custody of any animal originating within the boundaries of the City and impounded at a County animal shelter can redeem such animal by paying applicable fees according to the SBCAS approved schedule of rates and fees accruing up to the time of such redemption.

The County, in its sole and exclusive discretion, shall determine the public and non-public hours of operation and the staffing of the County animal shelters.

Animal Services Revenue Agreement – City of Buellton Page 10 Field Services
The County shall provide the City with the following field services as may be required: responding to calls for service; pick up of dead animals; capture and transportation of animals; emergency humane euthanasia of animal in the field as required to alleviate suffering; permit compliance and other inspections; pre-hearing investigation of nuisance complaints; post-nuisance hearing compliance checks; investigation of potential cases of animal abuse and mistreatment; investigation of potential animal nuisances in violation of the Santa Barbara County Code (Chapter 7) or an equivalent municipal code provision; assistance with animal evacuations due to disaster or emergency; and similar or related field services.

The County, in its sole and exclusive discretion, shall determine the hours of operation for all field services and the order of priority in which these services will be provided.

Rabies Control: The County shall provide the City with the following rabies control program as may be required: response and investigation of reported animal bite and intimate contact cases to establish that there is compliance with state mandated quarantine procedures. This includes a follow-up contact to verify the health of the animal after quarantine. Shelter quarantine will be at the discretion of the County.

The County will be responsible for processing deceased animal specimens submitted by City to County for the purpose of rabies testing. Brain specimens will be extracted by County staff and testing will be conducted by the Public Health Laboratory.

Vicious and Restricted Dogs Hearings: The County shall provide the City with the services of one Hearing Officer to conduct vicious and restricted dog hearings in accordance with the applicable City municipal code provision(s). The County’s Vicious and Restricted Dog services under this Agreement shall extend to appeals of its Hearing Officer’s determinations pursuant to California Food and Agricultural Code Section 31622. In such appeals, County Counsel may represent County in defense of its Hearing Officer’s determination. In such appeals, County Counsel represents the County; the parties do not intend to create an attorney-client relationship between the City and the County Counsel’s Office.

Animal License and Permit Services
The County shall provide the City with animal license services for applicable cat or dog licenses within the boundaries of the City. The County shall mail license renewal notices to the animal owner of record; and when the renewal and payment are received, the County will process licenses. City residents can use the County’s online web licensing feature. Licenses will be required before the County will release an animal to a resident of the City.

The County shall provide the City with permit services for kennels, catteries, groomers, and mobile groomers within the boundaries of the City. The County shall mail permit renewal notices to the business owner of record; and when the renewal and payment are received, the County will process the permit.

Animal Services Revenue Agreement – City of Buellton Page 11

EXHIBIT B

PAYMENT ARRANGEMENTS

CITY OF BUELLTON
A. City shall pay for services rendered under this Agreement for FYs 22-23 through 26-27 in the amounts shown in the table below, billed in four equal quarterly payments. Quarterly payments to COUNTY shall be made within thirty (30) days of receipt of invoice.

B. Payment for services shall be made based upon the scope contained in EXHIBIT A as determined by County.

C. In the event of early termination of this Agreement in accordance with Section 16, CITY shall reimburse the outstanding COUNTY General Fund contribution that would have been recovered in subsequent years had the Agreement not been terminated. CITY’s allocation of COUNTY General Fund reimbursement is $7,100 to be repaid over 5 years.

Annual Amounts for Fiscal Years July 1, 2022 through June 30, 2027

Animal Services Revenue Agreement – City of Buellton Page 12

EXHIBIT C

MUNICIPAL CODE ENFORCEMENT
Title 6 – Animals (this is an adoption by reference of County Code Chapter 7) Section 12.24.020 (J) – Prohibited Uses. (Prohibition of animals on Median Strips on Avenue of Flags) Section 12.28.210 - Prohibition of animals in park.

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: Rose Hess, Public Works Director
Meeting Date: June 23, 2022
Subject: Award of Contract for Wastewater Collection System Cleaning and Closed Circuit Television Inspection Services
______________________________________________________________________________

BACKGROUND
The City has a wastewater collection system which consists of approximately 360 manholes, 60 clean-outs, two lift stations and approximately 20 miles (~96,000 lf) of gravity pipeline, ranging from 4-inches to 15-inches in diameter. This collection system transports raw sewage to the City’s wastewater treatment plant.

In May 2022, the City solicited proposals from qualified contractors to clean and video inspect the entire collection system over a period of 3 years. The purpose is to continue to assess the conditions of the sanitary sewer infrastructure and provide routine cleaning.

For each pipe segment, work will include cleaning and inspecting the pipe and adjacent manholes, and assessing and documenting the condition of both. Documentation for regular inspection and cleaning is required to comply with the state’s sewer system management program.

On June 7, staff received 2 proposals: Mainline Utility Company ($204,002.90) and National Plant Services ($295,455.30).

All firms were able to mobilize as soon as the City issues a Notice to Proceed. Proposals were reviewed and evaluated for licensing and appropriate experience and similar work references. Mainline Utility Company stood out as the most capable to perform based on their experience and their location (Lompoc). In addition, their low cost provided another advantage over the other respondents. Staff has contacted their references and reported their work performance as positive.

The scope of work is split into 3 areas in the proposal for potential phasing of work over several fiscal years. It is staff’s intent to start with Area 2 since that is closest to the City’s wastewater plant, moving to Area 3 to cover all the industrial/commercial areas, and finally Area 1 which is the newest infrastructure. The contract will cover the 3 year period in which the work will be performed.

CCTV/Sewer Cleaning Page 2 June 23, 2022
Work will commence in the 2022/23 Fiscal year, with the addition of any “hot spots” requested by staff.

FISCAL IMPACT
The CCTV/Sewer Line Cleaning project will need to be added to the budget (005-701- 60250) for FY 22/23 for $70,000. Future Areas to be completed in FY 23/24 ($70,000 and FY 24/25 ($80,000) will be budgeted accordingly. These budget requests exceed the contract amount to accommodate any additional cleaning needs the City may require and request of the contractor.

RECOMMENDATION
Staff recommends that Council award the contract for the Wastewater Collection System Cleaning and Closed Circuit Television Inspection Services in the amount of $204,002.90 over a 3 year period, authorize the city manager to execute that contract, and authorize the budget amendment increase for FY 22/23 in the amount of $70,000.

ATTACHMENTS
Attachment 1 – Sewer Cleaning Areas

LIFT STATION
MH-37
MH-2
MH-335
MH-71
MH-312
MH-174
MH-49
MH-12
MH-28
MH-208
MH-20
MH-46
MH-50
MH-212
MH-88
MH-75
MH-210
MH-70
MH-9
MH-10
MH-44
MH-35
MH-72
MH-26
MH-166
MH-13
MH-310
MH-48
MH-27
MH-3
MH-56
MH-33
MH-4
MH-360
MH-359
MH-307
MH-65
MH-314
MH-15
MH-58
MH-14 MH-7 MH-167
MH-30
MH-171 MH-31
MH-1
MH-45
MH-271
MH-76
MH-362
MH-47
MH-90
MH-91
MH-32
MH-23
MH-168
MH-59
MH-68
MH-36
MH-306
MH-19
MH-22
MH-61
MH-211
MH-54
MH-74
MH-170
MH-11
MH-34
MH-39
MH-309
MH-51
MH-269
MH-57
MH-173
MH-16
MH-363
MH-69
MH-172
MH-92
MH-53
MH-17
MH-209
MH-62
MH-6
MH-25
MH-21
MH-64
MH-52
MH-29
MH-38
MH-18
MH-366
MH-89
MH-308
MH-5
MH-73
MH-8
MH-169
MH-311
MH-63
MH-60
MH-67
MH-55MH-313
MH-24
MH-UNK
MH-334

MH-UNKMH-UNK
MH-UNK
MH-UNK
CO-392
CO-387
CO-369
CO-405
CO-40
CO-382
CO-380
CO-402 CO-403
CO-381
CO-368
CO-391
CO-390
CO-366
CO-997
CO-408
CO-388
CO-367
CO-UNK
310.48' 105.61' 255.00' 241.80'
349.80'
348.94'
350.75'
350.86'
349.72'
349.85'
348.78'
350.98'
193.50'
230.64' 142.27' 290.19'
118.30' 145.49' 159.44' 241.34'
150.96'
253.73'
352.33'
279.24' 289.72'

79.63' 146.66' 249.56'
192.08'
207.37'
322.59'
134.60' 175.04' 384.00' 252.28' 383.37' 325.38' 129.28' 342.88' 369.64'
264.00'

87.57'
350.00'
152.50' 210.00'
351.59'
330.49'
225.43'
208.03'
304.94' 136.79'
218.35'

58.75'
177.94'
252.38' 252.62'
115.90'

74.94' 263.92'
270.40' 127.39'
339.15'
345.56' 25.56' 233.41' 206.44'
205.26'
100.00'
268.17' 71.80'
178.54'
170.87'
350.09'
213.65' 2 1.46' 234.94' 289.99' 217.33'
242.06'
217.82'
214.50' 111.73'
219.32' 108.86' 320.69' 171.91'
311.11' 339.54'
124.61'
361.59' 220.64' 298.01'
110.31'
350.01'

70.82' 88.07'
401.15' 407.69'
127.96'
147.92' 222.40' 98.83'
159.63' 144.71'
369.50'
453.24'
345.47' 370.26'
408.36'

70.59' 125.96' 321.95'
167.36'
242.21'
181.32'
291.28'
230.89' 248.62' 263.54'
3 .54' 350.58'
273.86'
260.76'

62.11'

70.68'
202.68'
326.01'
213.54' 12.97'
309.23'
256.25' 175.11'
O:\Projects\Irvine\155059\200-155059-17001-01\ProjMgmt\City Contract File Transfers - MNS\BC089_Sewer Study & Atlas\CAD\Survey\Sheets\Sewer Cleaning Exhibits\Sewer Atlas Exhibits Area 2.dwg 05/02/2022 10:26 N LEGEND

SEWER LINES

SEWER MANHOLES

SEWER CLEANOUTS

SEWER LIFT STATION
PARCEL
AREA 2
SEWER LINES:

TOTAL NUMBER OF PIPES: 133
TOTAL PIPE LENGTH: 31,001.14 FT
SEWER NODES:

CLEANOUTS: 19
MANHOLES: 113
LIFT STATIONS: 1 0
SCALE:
250' 500' 1000'
1'' = 500'
SEWER CLEANING AREA 2

MH-147
MH-250
MH-158
MH-365 MH-324
MH-273
MH-136
MH-100
MH-156
MH-96
MH-264
MH-305
MH-2
MH-161 4
MH-149
MH-329
MH-301
MH-294
MH-97
MH-316
MH-246
MH-292
MH-175
MH-163
MH-328
MH-101
MH-123
MH-13
MH-299
MH-323
MH-176
MH-124
MH-13
MH-150
MH-99
MH-275
MH-270
MH-293
MH-358
MH-327 MH-131
MH-300 MH-473
MH-262
MH-331
MH-154
MH-317
MH-326 MH-247
MH-207
MH-289
MH-94
MH-157
MH-245
MH-162
MH-129 MH-120
MH-288
MH-251
MH-285
MH-155
MH-130
MH-249
MH-265
MH-318
MH-297
MH-126
MH-272
MH-121
MH-135
MH-93
MH-274
MH-146
MH-98
MH-95
MH-128
MH-298
MH-284
MH-296
MH-141
MH-263
MH-260 MH-965
MH-330
MH-333 MH-134
MH-148
MH-119
MH-332
MH-243
MH-295
MH-139
MH-248
MH-287
MH-125
MH-325
MH-151
MH-244
MH-302
MH-159
MH-268
MH-142
MH-132
MH-286
MH-160
MH-153
MH-122
MH-267 MH-361
MH-290
MH-145
MH-261
MH-144
MH-UNK
MH-304
MH-UNK
MH-UNK
MH-UNK MH-266 MH-UNK
MH-303
MH-UNK
MH-356
CO-379
CO-386
CO-152
CO-319
CO-373
CO-137
CO-127
CO-988
CO-984
CO-991
CO-371
CO-140
CO-370 CO-1007 CO-372
CO-385
CO-1008
CO-397
O-375
CO-3
CO-987
CO-400
CO-398
CO-387
CO-UNK
CO-UNK
333.89'

88.19'

59.61'
132.50'
150.22' 151.00'
209.06'
148.50' 215.51'
101.92'
128.50' 202.91'
302.00'
300.00'
346.20'
258.29' 91.33'
350.50' 354.09'
187.43'
191.48'
320.00'
219.44'
329.80'
210.45' 212.45' 196.31'
244.05'
128.92'
361.84' 383.49'
385.56' 240.65'
166.17' 34.49'
119.57'

37.12'
159.01' 214.71' 248.79'
200.25'
354.28' 348.71'
127.89'
142.67' 84.78' 241.76'
215.28' 160.47' 76.07'
329.21' 79.00' 269.85' 304.15' 276.19'
297.79'
317.79'
301.41' 357.18'
309.69'
389.11'
340.04' 246.94'
314.59' 63.91' 197.16' 413.06' 150.00' 251.86' 207.07' 285.40' 257.59' 249.21' 350.32'
199.37' 122.57' 80.86'
298.60'
291.48' 118.25'
115.01' 111.44'
215.30'
174.21'
177.00'
260.00' 180.30'
279.66'
298.60'
289.09'
369.14' 309.13' 301.61' 187.33' 27.03'
205.32'
348.00'
163.77'
294.00'
292.00'
163.00'
294.34'
163.00'
155.00'
261.27'

70.00' 230.00'
349.00'
351.00'

60.32'
113.99' 313.94' 100.00'

57.41'
278.99' 351.34'
233.82'
192.30' 328.31'
123.57'

28.56'

11.16' 140.89'
269.10'
302.22'
302.83'
218.12'
122.02'
349.82' 173.16'
260.48'
348.16'
350.08'
385.79' 131.70'
306.07'
348.95'
106.00'

68.67'
138.24' 200.66' 220.36' 274.77'
196.85'
197.47' 104.34' 50.16' 215.09'
163.34'
168.15'

33.93'
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MH-UNK MH-UNK
MH-143
MH-144
MH-145
MH-266
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MH-163
MH-296
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CO-UNK CO-UNK

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119.57'
298.60'
302.83'
218.12'
122.02'
348.16'
181.17'
124.84'
238.16'
242.42'
240.76'
279.66' 185.26'
188.90'

82.27'

44.13'

31.99'
230.26'
229.86'
263.94'
230.76'

77.17' 60.71' 154.35'

49.10'
177.05'

87.13' 92.02' 94.53'

92.46'
193.92'

64.15'
214.00'

97.99'
O:\Projects\Irvine\155059\200-155059-17001-01\ProjMgmt\City Contract File Transfers - MNS\BC089_Sewer Study & Atlas\CAD\Survey\Sheets\Sewer Cleaning Exhibits\Sewer Atlas Exhibits Area 3.dwg 05/02/2022 10:41 N
LEGEND

SEWER LINES

SEWER MANHOLES

SEWER CLEANOUTS
PARCEL
AREA 3
SEWER LINES:

TOTAL NUMBER OF PIPES: 193
TOTAL PIPE LENGTH: 38,019.36 FT
SEWER NODES:

CLEANOUTS: 38
MANHOLES: 146
0 SCALE:
325' 650' 1300'
1'' = 650'
SEWER CLEANING AREA 3

SEE ABOVE

CITY OF BUELLTON RFP MAY 2022
PAGE 51

APPENDIX B - SEWER ATLAS

APPENDIX B

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: June 23, 2022
Subject: Update on Broadband Strategic Planning Effort
______________________________________________________________________________

BACKGROUND
In November of 2021, the City Council directed staff to join with the Broadband strategic planning effort being coordinated by SBCAG. Work has been underway since that time.

Dr. Bill Simmons and Maria Kelly of the Broadband Consortium, Pacific Coast (BCPC) have been working on this project, and will present an update on the strategic planning effort and possible next steps to bring better broadband service to the City for the benefit of the businesses and residents.

FISCAL IMPACT
No fiscal impact is associated with this item at this time.

RECOMMENDATION
Staff recommends that the City Council receive the report, discuss the matter, and direct staff as appropriate.

ATTACHMENTS
Attachment 1 – Broadband Presentation

SANTA BARBARA COUNTY

BROADBAND STRATEGY PROJECT
Connecting our Communities
1

AGENDA
 California Broadband for All
 Timeline
 Outreach Overview
 Project Outcomes
 For Local Government
Consideration
2

LEGISLATION SUPPORTING REGIONAL PLANNING
 SB 156 – Authorizes JPA’s to issue bonds for development  AB 14 – Internet for All Act of 2021 – Prioritizes
broadband for rural communities
 AB 41 – Broadband infrastructure Deployment to update California’s “Dig Once” policies to expedite – CalTrans  SB 4- The Broadband for All Act – secure continuous
funding and implement reforms for the CASF Program
 Division F – Broadband
 Grants
 Data maps
 Deployment location
mapping
 Digital Equity Act of 2021
 Telecommunications and
workforce
3 California
Broadband
for All
Infrastructure
Investment and
Jobs Act

TIMELINE
January/February
Data collection begins
Stakeholder group
identification &
development
February/March
Convenings
Prioritization & focus areas
developed
Survey deployment
Aggregate past work
efforts into current work
ISP Outreach Begins
March/April
Identification of assets for
mapping
Correlate with initial
funding targets
Develop priorities &
potential approaches
May/June
Analysis framework
developed
Start drafting strategy
Public outreach
July/August
Data Analysis
Build education packets
for county/cities
August/September
Draft strategy out for
review
September/October
Presentation of final
product scheduling
November
Project wrap up
4

OUTREACH OVERVIEW
• Completed 12 community forums
• Buellton’s was on May 19th
• Needs Assessment targeted to close
July 1
• Speed test data collected
throughout 2022
• UCSB PhD candidate assisting with
data analysis
• www.sbcag.org/broadband
5

PROJECT OUTCOMES
SBCAG
Regional
Broadband
Strategy
Collaborative
Stakeholder
Organization
& Funding
Countywide
Middle Mile
Approach
Uniform Local
Policies to
Accelerate
Digital
Literacy and
Inclusion
Open
Source GIS
Information
Sharing
Municipal
Last Mile
Priorities &
Resources
6

FOR LOCAL GOVERNMENT CONSIDERATION
7 TASK STATUS
Main point of contact to work with project team Completed – Thank you! Participate in gap analysis process to assist with the
development of future policies that supports
broadband deployment.
• Jurisdiction conversations in progress
• Documentation will assist with assessment of
broadband readiness – assets/policies/other
planning considerations
GIS mapping partnership Ongoing - Open access map in development; to be used as a planning tool and resource post
project; First preview with CPUC 6/7/22
Participate in Technical Assistance Grants
application process to understand data needed
BCPC tracking rule making; Positioning to
encourage countywide collaboration and support
SBCAG as broadband planning lead
Include broadband in annual budget discussions
as a planning priority
Ongoing pending funding opportunities; explore
public/private partnerships
Participate in discussions regarding coordinating
work efforts upon project completion
Ongoing

THANK YOU!
CONTACT INFO:

MIKE BECKER, SBCAG, DIRECTOR OF

PLANNING & PROJECT MANAGER
[email protected]

BILL SIMMONS, PROJECT LEAD
[email protected]

MARIA KELLY, PROJECT COORDINATOR
[email protected]
8

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: June 23, 2022
Subject: Request for Use of Affordable Housing In-Lieu Funds from Palm Communities
______________________________________________________________________________

BACKGROUND
Palm Communities (Palm) is the applicant and prospective developer of the Polo Village Project, which is currently being processed ministerially under the SB 35 entitlement process. Palm has requested the use of $341,491.000 of Affordable Housing In-Lieu funds to aid in the construction of their forty-nine (49) unit project which is to be affordable at the Very Low Income affordability level. The project is to be located at 560 McMurray Road (Assessor’s Parcel Number 137-090-067), just north of the Village Townhome neighborhood.

The Affordable Housing In-Lieu funds are paid to the City by developers whose projects have a requirement to provide affordable housing, but who choose to pay a fee in lieu of developing the actual units. A total of approximately $341,490.00 of these funds are currently held by the City, and Palm’s request will deplete the fund. The grant of these funds would be in the form of a residual receipts loan, meaning that the City would be repaid with any funds generated by the project after other expenses are paid.

Pursuant to Section 19.16.022.(A)(2) of the Buellton Municipal Code, the City Council has the authority to disburse these funds as it determines appropriate in accordance with the goals, policies, programs, and priorities identified in the City’s Housing Element. The provision of affordable housing as proposed by Palm is consistent with the City’s Housing policy.

The City Council has previously granted $150,000 of In-lieu funding to CEDC for the Village Senior Apartment Project, despite a request for the entire $490,000 in the fund at the time. .Staff recommended granting a reduced amount, anticipating the potential for use of these funds on two projects which were on the horizon: the Palm project, and the Buellton Garden Apartment project. Circumstances with the Buellton Garden Apartment project have evolved such that the need for these funds to achieve City policy goals is no longer present. Meanwhile, the Palm project continues to proceed toward entitlement, and

Request for Housing In-Lieu Funds Page 2 June 23, 2022
the use of the In-lieu funds for this project will significantly advance City goals with regard to the revitalization of the Avenue of Flags, through providing new affordable housing units which can replace the existing units found in the motels along the Avenue of Flags which were improperly converted to long-term residential rentals many years ago. This will allow the redevelopment of motel properties without requiring replacement units be constructed on-site.

Given the potential for aiding in this revitalization, and the lack of another project with as significant a potential to achieve the City’s policy goals, staff finds no reason not to grant the request for the remaining In-lieu funds to Palm.

FISCAL IMPACT
Action on this request will result in a fiscal impact in the amount determined to be granted to the applicant. However, these funds are restricted funds, held for use to promote the development of affordable housing, and their use does not therefore reflect an impact to the City’s General Fund.

RECOMMENDATION
Staff recommends that the City Council review the accompanying request for use of InLieu funds and, if deemed appropriate, authorize the use of In-lieu funds by Palm Communities.

ATTACHMENTS
Attachment 1 - Housing In-Lieu Fund Request Form and Project Pro-forma

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 10

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 23, 2022
Subject: Contract with Buellton Chamber of Commerce for Operation of a Visitors Bureau
______________________________________________________________________________

BACKGROUND
On June 30, 2022, the contract between the City and the Buellton Business Association/Chamber of Commerce (Chamber) for operation of the Visitors Bureau will expire following its most recent extension.

As previously discussed, a Request for Proposals (RFP) was released for Visitors Bureau Services on May 2. At the close of the proposal period, only one proposal was received.

This was from the Buellton Chamber of Commerce. The proposal that was received retained the existing services provided under the current contract, with a total cost of $450,000 per year. This is the same contract cost that the City has paid for the past several years.

Given the stability of the Chamber of Commerce and the beneficial services provided to the City by the Visitors Bureau, staff would recommend that the new contract specify a term of three (3) years, with an option for an additional three years if agreed to by both parties.

A new contract for Operation of Visitors Bureau Services is attached to this report. In addition to the term discussed above, a provision has been included which allows consideration by the City Council of a change in contract costs or other changes in the coming Fiscal Year if a request is received in writing by April 30 of the current Fiscal Year.

FISCAL IMPACT
This contract will result in an expenditure of $450,000.00 per fiscal year. These funds are expended in support of programs intended to boost tourism-related revenues (Sales Tax and Transient Occupancy Tax) which, if realized, have the potential to offset the expenditure.

Contract for Visitors Bureau Operation Page 2 June 23, 2022

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute the attached “Service Contract between City of Buellton and Buellton Chamber of Commerce for Operation of a Visitors Bureau.”

ATTACHMENTS
Attachment 1 – Service Contract between City of Buellton and Buellton Chamber of Commerce for Operation of a Visitors Bureau (Exhibit A – Proposal)

Page i

AGREEMENT FOR PROFESSIONAL CONTRACT SERVICES

BETWEEN

THE CITY OF BUELLTON
AND

BUELLTON CHAMBER OF COMMERCE

TABLE OF CONTENTS
PAGE
SECTION 1. TERM OF AGREEMENT 1
SECTION 2. SCOPE OF SERVICES 1
SECTION 3. ADDITIONAL SERVICES 1
SECTION 4. COMPENSATION AND METHOD OF PAYMENT 1
SECTION 5. INSPECTION AND FINAL ACCEPTANCE 2
SECTION 6. OWNERSHIP OF DOCUMENTS 2
SECTION 7. CONTRACTORS BOOKS AND RECORDS 3
SECTION 8. STATUS OF CONTRACTOR 3
SECTION 9. STANDARD OF PERFORMANCE 4
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS;
PERMITS AND LICENSES 4
SECTION 11. NONDISCRIMINATION 4
SECTION 12. UNAUTHORIZED ALIENS 5
SECTION 13. CONFLICTS OF INTEREST 5

Page ii
PAGE
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION 5
SECTION 15. INDEMNIFICATION 6
SECTION 16. INSURANCE 7
SECTION 17. ASSIGNMENT 7
SECTION 18. CONTINUITY OF PERSONNEL 7
SECTION 19. TERMINATION OF AGREEMENT 7
SECTION 20. DEFAULT 8
SECTION 21. EXCUSABLE DELAYS 8
SECTION 22. COOPERATION BY CITY 8
SECTION 23. NOTICES 8
SECTION 24. AUTHORITY TO EXECUTE 9
SECTION 25. BINDING EFFECT 9
SECTION 26. MODIFICATION OF AGREEMENT 9
SECTION 27. WAIVER 9
SECTION 28. LAW TO GOVERN; VENUE 9
SECTION 29. ATTORNEYS FEES, COSTS AND EXPENSES 9
SECTION 30. ENTIRE AGREEMENT 10
SECTION 31. SEVERABILITY 10
EXHIBIT "A" SCOPE OF SERVICES/PROPOSAL A-1
EXHIBIT “B" INSURANCE B-1

AGREEMENT FOR PROFESSIONAL CONTRACT SERVICES

BETWEEN

THE CITY OF BUELLTON
AND

THE BUELLTON CHAMBER OF COMMERCE
This AGREEMENT FOR PROFESSIONAL CONTRACT SERVICES BETWEEN THE CITY OF BUELLTON AND CONSULTANT ("AGREEMENT"), is made and entered into this 23rd day of June, 2022, by and among the City of BUELLTON a municipal corporation ("CITY") and BUELLTON CHAMBER OF COMMERCE. (“CONTRACTOR”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

SECTION 1. 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 of three (3) years from the date of execution of this AGREEMENT, as first shown above. Such term may be extended for an additional three years upon written agreement of both parties to this AGREEMENT.

SECTION 2. SCOPE OF SERVICES.

CONTRACTOR agrees to perform the services set forth in EXHIBIT "A", “SCOPE OF SERVICES/PROPOSAL" and made a part of this AGREEMENT.

SECTION 3. ADDITIONAL SERVICES.

CONTRACTOR 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. CONTRACTOR shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONTRACTOR the amounts specified in EXHIBIT “A” and made a part of this AGREEMENT.

The total compensation, including reimbursement for actual expenses, shall not exceed Four

Hundred Fifty Thousand Dollars ($450,000.00), unless additional compensation is approved in writing by the City Manager. Payment shall be made in monthly installments of Thirty Seven Thousand Five Hundred Dollars ($37,500).
(b) CONTRACTOR may request changes to terms or compensation of this AGREEMENT in writing. Such requests shall be considered for the subsequent fiscal year, if the written request is presented to CITY not later than April 30. (c) Each month CONTRACTOR shall furnish to CITY a report of work performed and expenses incurred during the preceding month. The report shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts and miscellaneous expenses. CITY shall independently review each report submitted by the CONTRACTOR to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event CITY disputes any charges or expenses, the original invoice shall be returned by CITY to CONTRACTOR for correction and resubmission.
(d) Payment to CONTRACTOR for work performed pursuant to this AGREEMENT shall not he deemed to waive any defects in work performed by CONTRACTOR.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

CITY may inspect and accept or reject any of CONTRACTOR’s work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONTRACTOR’s work within sixty (60) days after submitted to CITY. CITY shall reject work by a timely written explanation, otherwise CONTRACTOR’s 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 CONTRACTOR’s 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.

SECTION 6. 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 CONTRACTOR in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONTRACTOR. Upon completion, expiration or termination of this AGREEMENT, CONTRACTOR shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

SECTION 7. CONSULTANTS BOOKS AND RECORDS.
(a) CONTRACTOR shall maintain any and all documents and records demonstrating or relating to CONTRACTOR's performance of services pursuant to this AGREEMENT. CONTRACTOR 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 CONTRACTOR 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.
(b) 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 CONTRACTOR’s address indicated for receipt of notices in this AGREEMENT.
(c) 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 CONTRACTOR's 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.

SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of CITY. CONTRACTOR 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. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONTRACTOR'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 CONTRACTOR or any of CONTRACTOR's officers, employees or agents, except as set forth in this AGREEMENT. CONTRACTOR shall not at any time or in any manner represent that CONTRACTOR or any of CONTRACTOR's officers, employees or agents are in any manner officials, officers, employees or agents of CITY.

(c) Neither CONTRACTOR, nor any of CONTRACTOR'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. CONTRACTOR expressly waives any claim CONTRACTOR may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONTRACTOR under this AGREEMENT.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS, PERMITS AND LICENSES.

CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR to comply with this section.

SECTION 11. NONDISCRIMINATION.

Basic Provisions. In performing the Work, CONTRACTOR agrees as follows:
(1) CONTRACTOR will not discriminate against any employee or applicant from employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (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. CONTRACTOR will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (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. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause.

(2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (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.

SECTION 12. UNAUTHORIZED ALIENS.

CONTRACTOR 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 CONTRACTOR 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 such use of unauthorized aliens, CONTRACTOR 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.

SECTION 13. CONFLICTS OF INTEREST.
(a) CONTRACTOR 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 CONTRACTOR's performance of services under this AGREEMENT. CONTRACTOR 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.

CONTRACTOR 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. (b) CITY understands and acknowledges that CONTRACTOR is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONTRACTOR 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.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONTRACTOR in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONTRACTOR. CONTRACTOR 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. (b) CONTRACTOR, 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 CONTRACTOR gives CITY notice of such court order or subpoena. (c) If CONTRACTOR, or any officer, employee, agent or subcontractor of CONTRACTOR, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONTRACTOR for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of CONTRACTOR's conduct.
(d) CONTRACTOR shall promptly notify CITY should CONTRACTOR, 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 CONTRACTOR or be present at any deposition, hearing or similar proceeding. CONTRACTOR agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONTRACTOR. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

SECTION 15. INDEMNIFICATION.

INDEMNITY FOR PROFESSIONAL LIABILITY: When the law establishes a professional standard of care for CONTRACTOR’s services, to the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold harmless CITY and any and all of it’s boards, officials, employees, and agents (“Indemnified Parties”) from and against all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of CONTRACTOR, its officers, agents, employees or subconsultants (or any entity or individual for which CONTRACTOR shall bear legal liability) in the performance of professional services under this agreement.

INDEMNITY FOR OTHER THAN PROFESSIONAL LIABILITY: Other than in the performance of professional services and to the full extent permitted by law, CONTRACTOR 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 CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including but not limited to officers, agents, employees or subcontractors of CONTRACTOR.

SECTION 16. INSURANCE.

CONTRACTOR 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. CONTRACTOR agrees to provide CITY with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The expertise and experience of CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR's 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 CONTRACTOR, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

CONTRACTOR shall make every reasonable effort to maintain the stability and continuity of CONTRACTOR's staff assigned to perform the services required under this AGREEMENT. CONTRACTOR shall notify CITY of any changes in CONTRACTOR's staff assigned to perform the services required under this AGREEMENT, prior to any such performance.

SECTION 19. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONTRACTOR. In the event such notice is given, CONTRACTOR shall cease immediately all work in progress. Subcontractors shall also cease work immediately; however, in the event of contractual obligation with a subcontractor that is not subject to early termination at CONTRACTOR’s discretion, the work in progress may be completed or cancellation of the contract may be negotiated, at the discretion of CITY. Payment of the subcontractor for work done subsequent to the termination shall be negotiated between CITY and CONTRACTOR.
(b) CONTRACTOR may terminate this AGREEMENT at any time upon thirty (30) days written notice of termination to CITY.

(c) If either CONTRACTOR or CITY fail to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, either CONTRACTOR, or CITY may terminate this AGREEMENT immediately upon written notice. (d) Upon termination of this AGREEMENT by either CONTRACTOR or CITY, all property belonging exclusively to CITY, which is in CONTRACTOR’s possession, shall be returned to CITY. CONTRACTOR shall furnish to CITY a final invoice for work performed and expenses incurred by CONTRACTOR, 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.

SECTION 20. DEFAULT.

In the event that CONTRACTOR is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONTRACTOR for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONTRACTOR.

SECTION 21. EXCUSABLE DELAYS.

CONTRACTOR 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 CONTRACTOR. 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.

SECTION 22. 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/PROPOSAL", shall be furnished to CONTRACTOR in every reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.

SECTION 23. NOTICES.

All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To CITY: City of Buellton
Attn: City Manager
P.O. Box 1819
107 W. Highway 246
Buellton, CA 93427

To CONTRACTOR: Buellton Chamber of Commerce
Attn: Executive Director
597 Avenue of Flags, Unit #101
P.O. Box 231
Buellton, CA 93427
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this AGREEMENT on behalf of CONTRACTOR represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 25. BINDING EFFECT.

This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

SECTION 26. MODIFICATION OF AGREEMENT.

No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONTRACTOR 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.

SECTION 27. 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 CONTRACTOR shall not constitute a waiver of any of the provisions of this AGREEMENT.

SECTION 28. 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.

SECTION 29. 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.

SECTION 30. 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 CONTRACTOR 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.

SECTION 31. 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.

CONSULTANT
By: By:

Title: Title:

CITY OF BUELLTON APRROVED AS TO FORM:

By:

Scott Wolfe, City Manager Greg Murphy, City Attorney

Page A-1
EXHIBIT "A"

SCOPE OF SERVICES/PROPOSAL
[NOTE: Scope of Services and CONTRACTOR Compensation is set forth in the proposal from Buellton Chamber of Commerce - dated May 27, 2022, attached hereto and incorporated herein by this reference. Total compensation shall not exceed $450,000.00 per year]

Page B-1
EXHIBIT "B"

INSURANCE
A. Insurance Requirements. (CONTRACTOR) 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 (CONTRACTOR), 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. (CONTRACTOR) shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) 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. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the (CONTRACTOR) and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the (CONTRACTOR)'s profession.

2. Minimum Limits of Insurance. (CONTRACTOR) shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
(4) Errors and omissions Liability: $1,000,000 per occurrence.

B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:

Page B-1

1. All Policies. Each insurance policy required by this paragraph 5 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 (CONTRACTOR) performs; products and completed operations of (CONTRACTOR); premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by (CONTRACTOR).

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) (CONTRACTOR)'s 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, (CONTRACTOR) 's insurance. (3) (CONTRACTOR)'s 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.
(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.

3. Workers' Compensation and Employer’s Liability Coveraqe. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by (CONTRACTOR).

C. Other Requirements. (CONTRACTOR) 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 (CONTRACTOR) 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. (CONTRACTOR) shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.

Page B-1

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 (CONTRACTOR) 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 (CONTRACTOR)'s liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 11
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 23, 2022
Subject: Request to Authorize Funding for Environmental Studies for Willemsen Property Improvements
______________________________________________________________________________

BACKGROUND
Since the City’s purchase of the Willemsen property, staff and the City Council have been working toward finding long-term uses for the site. A license agreement for the SYV Horseback Rides facility was approved in 2021, and work has begun on basic improvements for the SYV Children’s Museum. Design work has begun for the conversion of the residence to new uses, and preliminary work has begun on improving the barn for use as an event facility. In support of these uses, the City is also designing a parking lot to be constructed on the lower portion of the property to serve all of these uses, in addition to possible sports fields that are being proposed.

Before the City can contract for construction or grant planning permits for these facilities, Environmental review must be conducted and an appropriate document issued, pursuant to the California Environmental Quality Act (CEQA). Staff has investigated various sources for obtaining these services. Because they involve technical studies, in-house staff cannot complete this work without outside consultant assistance. Initial discussions with a consultant that the City typically uses for CEQA work resulted in an estimate of approximately $60,000 and a start date of 60-90 days out. However, working with one of our contract planners, the work for the preparation of the document can be paid for through the budget used to pay for his work, and the technical studies (anticipated to include traffic, noise, air quality, greenhouse gas emissions, and biology) can be contracted for separately.

This approach should significantly reduce costs and allow for the completion of the documentation which would allow work to begin on the improvements much more quickly.

Staff is requesting that the City Council authorize the expenditure of $40,000 for the various studies and other work necessary to complete the CEQA documentation. Staff will then contract separately for the work to be done. In the event that a contract amount exceeds the City Manager’s spending authority, staff will return to the City Council for contract approval.

Funds for Willemsen Property CEQA Documents Page 2 June 23, 2022 These costs have not been budgeted. Therefore, a budget adjustment will be required. If this funding request is approved, the Finance Director will include this amount in the next quarterly budget adjustment.

FISCAL IMPACT
This request, if approved, will have a fiscal impact to the City’s General Fund in an amount not to exceed $40,000. Any amount needed beyond this amount will require additional City Council authorization.

RECOMMENDATION
That the City Council consider the authorization of a General Fund expenditure in an amount not to exceed $40,000 for CEQA documentation for the Willemsen property improvements, and authorize a Budget Adjustment in the amount of forty thousand dollars ($40,000).