Cities Index.
Agenda packet

Buellton City Council
August 25, 2022

Document
Agenda packet
Meeting
August 25, 2022
Body
Buellton City Council
Pages
108
Original file
13.2 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofbuellton.com. That file is the official record.

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of August 25, 2022 at 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 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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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.

Page 1 of 108 ends

City Council Meeting Agenda Page 2 August 25, 2022

1. Minutes of August 11, 2022 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2021/2022 and 2022/2023

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

4. Appointment of Assistant City Attorney
 (Staff Contact: City Attorney Gregory Murphy)

PRESENTATIONS

5. Recognition of Council Member Ed Andrisek

PUBLIC HEARINGS

COUNCIL MEMBER COMMENTS/ITEMS

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

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

BUSINESS ITEMS (POSSIBLE ACTION)

6. Disposition of City Council Seat Vacancy
 (Staff Contact: City Manager Scott Wolfe)

7. Approval of Change Orders for ENGIE Energy Project
 (Staff Contact: Public Works Director Rose Hess)

8. Consideration of Approval of the Open Streets Event
 (Staff Contact: Public Works Director Rose Hess)

9. Introduction of Draft City Council Manual
 (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, September 22, 2022 at 6:00 p.m. The regular Council meeting of September 8, 2022 has been cancelled.

Page 2 of 108 ends

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

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of August 11, 2022
City Council Chambers, 140 West Highway 246
Buellton, California

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

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Council Members Elysia Lewis, John Sanchez, Vice Mayor Dave King and Mayor Holly Sierra
Staff: City Manager Scott Wolfe (via Zoom), City Clerk Linda Reid, City Attorney Greg Murphy (via Zoom), Public Works Director Rose Hess, and Finance Director Shannel Zamora (via Zoom)

REORDERING OF AGENDA
None

PUBLIC COMMENTS
James Fiolek, Buellton, requested the speed limit in Rancho de Maria be lowered for safety.

CONSENT CALENDAR
Mayor Sierra requested and the Council agreed by consensus to pull Item 5 for discussion.

1. Minutes of July 14, 2022 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2021/2022 and 2022/2023

3. Monthly Treasurer’s Report – June 30, 2022

4. Resolution No. 22-26 – “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference”

Page 3 of 108 ends

City Council Meeting Minutes Page 2 August 11, 2022
MOTION:

Motion by Vice Mayor King, seconded by Council Member Lewis, approving Consent Calendar Items 1 through 4 as listed.

VOTE:

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

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

5. Resolution No. 22-27 – “A Resolution of the City Council of the City of Buellton, California, Establishing the Scope of Work, Issues Relevant to the Project Site and Project Vicinity, Scope of Environmental Review and the Roles and Responsibilities for Preparation for the BUE-17 Mixed Use Specific Plan” SPEAKERS/DISCUSSION:

Correspondence regarding this item was received and made part of the record from the following individuals:

• Nancy Emerson, President of WE Watch
• Hudson Hornick, Buellton
• Mark Cavanaugh, Buellton
• Alexis Adler, Buellton
• Jim Fiolek, Buellton

City Manager Wolfe discussed the staff report and proposed Resolution No. 22-27.

Mark Cavanaugh, Buellton, spoke about his concern over the proposed project.

Jill Cavanaugh, Buellton, discussed her concern regarding the proposed project, including lighting and density.

James Fiolek, Buellton, discussed his concern regarding water usage of the proposed project.

Lori Oakley, Buellton, questioned why the project name continues to change.

Gavin Moores, Project Developer, discussed the proposed project and setting up a subcommittee with the Rancho de Maria Homeowner’s Association in order to correct the misinformation surrounding the project.

The Council discussed the following issues:
• Water usage and lighting impacts of the proposed project • How Resolution No. 22-27 will require the developer to create a detailed Specific Plan that outlines all issues pertaining to the proposed development

Page 4 of 108 ends

City Council Meeting Minutes Page 3 August 11, 2022
MOTION:

Motion by Council Member Lewis, seconded by Vice Mayor King, approving Item 5 as listed.

VOTE:

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

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

PRESENTATIONS

None

PUBLIC HEARINGS
None

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Sanchez announced that he attended the Pride Flag Ceremony in Los Olivos yesterday and said it was a great event.

Vice Mayor King requested that staff address traffic calming at La Lata Drive and Highway 246. The Council agreed by consensus to have the City Manager work with the Sheriff’s Department and Public Works Director to address traffic calming measures in the area.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Council Member Sanchez announced that he attended the Sustainable Groundwater Management Committee board meeting and provided an oral report regarding the meeting.

Mayor Sierra announced that she attended the Library Advisory Board meeting and provided an oral report for the record.

Page 5 of 108 ends

City Council Meeting Minutes Page 4 August 11, 2022

BUSINESS ITEMS

6. Disposition of City Council Seat Vacancy
RECOMMENDATION:

That the City Council consider whether to leave the vacant City Council seat until the next regular election, appoint an individual to fill the vacant seat, or direct staff to accept applications for a set period of time and identify a date at which time the City Council will meet to consider the applications and make an appointment.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed how best to fill the vacant Council seat.

MOTION:

Motion by Council Member Sanchez, seconded by Vice Mayor King appointing Art Mercado to fill the City Council vacancy until the November 8, 2022 election.

VOTE:

Motion was a tie vote of 2-2, with Council Member Lewis and Mayor Sierra voting no.

Council Member Lewis – No
Council Member Sanchez - Yes
Vice Mayor King – Yes
Mayor Sierra – No
MOTION:

Motion by Mayor Sierra, seconded by Council Member Lewis directing staff to leave the vacant City Council seat unfilled until the November 8, 2022 election.

VOTE:

Motion was a tie vote of 2-2, with Council Member Sanchez and Vice Mayor King voting no.

Council Member Lewis – Yes
Council Member Sanchez - No
Vice Mayor King – No
Mayor Sierra – Yes
City Attorney Murphy advised that the result of two tie votes would be to have staff continue this item to the meeting of August 25 for further direction. The Mayor so ordered.

Page 6 of 108 ends

City Council Meeting Minutes Page 5 August 11, 2022

7. Recipient of Donation from ENGIE Services
RECOMMENDATION:

That the City Council discuss the matter and select a non-profit recipient of the funds as appropriate.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed how to distribute the donation from ENGIE Services.

MOTION:

Motion by Vice Mayor King, seconded by Council Member Sanchez requesting ENGIE Services distribute their donation to Santa Ynez Valley Community Outreach, and specifically to their Veterans Services programs.

VOTE:

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

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

8. Consideration of Recognition of Council Member Andrisek’s Service to the City of Buellton
RECOMMENDATION:

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

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed how best to honor Council Member Andrisek and that he was most proud of the City’s acquisition of Zaca Creek Golf Course.

MOTION:

Motion by Council Member Lewis, seconded by Council Member Sanchez, directing staff to procure a granite bench to be dedicated in honor of Council Member Andrisek and that it be placed at Zaca Creek Golf Course and authorizing an expenditure of funds in an amount not to exceed $10,000.

Page 7 of 108 ends

City Council Meeting Minutes Page 6 August 11, 2022
VOTE:

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

Council Member Lewis – Yes
Council Member Sanchez - Yes
Vice Mayor King – Yes
Mayor Sierra – Yes
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.

ADJOURNMENT
Mayor Sierra adjourned the regular meeting at 7:20 p.m. The next regular meeting of the City Council will be held on Thursday, August 25, 2022 at 6:00 p.m. _________________________________
Holly Sierra
Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

Page 8 of 108 ends

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: August 25, 2022
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2021/2022 and 2022/2023
______________________________________________________________________________

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 07/30/2022 through 08/12/2022 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, 07/30/2022 through 08/12/2022, and electronic fund transfers issued for the period of 07/30/2022 through 08/12/2022 was $538,957.99.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2021/22 and FY 2022/23. 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 07/30/2022 through 08/12/2022.

ATTACHMENTS
Attachment 1 – Claims

Page 9 of 108 ends

EXHIBIT A - A/P Packets processed
A/P Packet # APPKT01869 214.32
A/P Packet # APPKT01868 12,140.49
A/P Packet # APPKT01858 44,182.94
A/P Packet # APPKT01855 92,580.00
A/P Packet # APPKT01854 254,983.52
Total A/P Packets: $404,101.27 (11 pages)
Utility Packet #UBPKT0XXXX 0.00 (1 page)
Total of checks issued: $404,101.27
EXHIBIT B - Payments via Electronic Fund Transfer (EFT) EFT Total: $74,312.14
Payroll processed
Staff Payroll 7/12/2022 60,544.58
Total Payroll: $60,544.58
Disbursement from Capital Lease Proceeds
ENGIE SERVICES U.S. INC.

EQUITY -

PROJECT ACCT -
Total Lease: $0.00
TOTAL AMOUNT OF CLAIMS: $538,957.99

CONSOLIDATED CLAIMS DISBURSEMENT

BACK-UP/SUPPORT DATA IS AVAILABLE FOR COUNCIL REVIEW IN CITY HALL The following is a list of claims for the period of July 30, 2022 through August 12, 2022 for ratification by the City Council at the August 25, 2022 City Council Meeting.
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval 2022-2023

Page 10 of 108 ends

EXHIBIT B
Payments via Electronic Fund Transfer (EFT):

From 07/30/2022 through 08/12/2022
Payroll Tax - IRS 8/1/2022 10,755.09
CalPERS - Classic 8/1/2022 6,138.21
CalPERS - PEPRA 8/1/2022 5,553.98
Payroll Tax - EDD 8/1/2022 3,750.78
Payroll Tax - IRS 8/1/2022 9.36
CalPERS - Classic 8/2/2022 68.42
Payroll Tax - EDD 8/2/2022 3.42
CalPERS - Medical 8/3/2022 24,260.90
CA Dept Tax Fee (CDTFA) 8/3/2022 426.53
Hassler - Postage 8/3/2022 200.00
DCP-AUL 8/5/2022 21,930.00
The Hartford 8/8/2022 412.10
Bank Fees 8/10/2022 103.35
CalPERS - GASB-68 8/12/2022 700.00
Total 74,312.14
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval 2022-2023

Page 11 of 108 ends

City of Buellton, CA
Payment
Number
42989
42990
42991
42992
42993
42994
42995
42996
42997
42998
42999
43000
43001
43002
43003
43004
Check Disbursements - City Council - August 25, 2022
By Payment Number
Payment Dates 7/30/2022 - 8/12/2022
Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 8/2/2022 001163 BUELLTON GARAGE INC 60.00
17970 7/15/2022 - REC - VEHICLE MAINTENANCE 001-511-60270 60.00 8/2/2022 000105 CITY OF BUELLTON 2,420.07
09-00300-001-07252022 6/25-7/25/2022 - IRRIGATION 595 2nd/OakVlly 001-552-61211 2,420.07 8/2/2022 001348 CITY OF GOLETA 193,729.00
23-008 7/1/22-6/30/23 - LIBRARY - OPERATING BUDGET 001-510-60800 193,729.00 8/2/2022 000107 CITY OF LOMPOC 1,666.66
9322 AUG 2022 - TRANSIT SERVICES 027-559-67445 1,666.66 8/2/2022 000112 CLARK PEST CONTROL 172.00
31390309 7/26/2022 - PD/LIB - PEST CONTROL 001-558-60800 172.00 8/2/2022 000122 COMCAST CABLE 235.52
0104898-07202022 7/25-8/24/2022 - REC - INTERNET/PHONE SYSTEM 001-511-61290 235.52 8/2/2022 000172 ECHO COMMUNICATIONS 143.25
203100081 AUG 2022 - ANSWERING/MESSAGING SERVICE 001-558-60800 47.75 203100081 AUG 2022 - ANSWERING/MESSAGING SERVICE 005-701-60800 47.75 203100081 AUG 2022 - ANSWERING/MESSAGING SERVICE 020-601-60800 47.75 8/2/2022 001008 ENVIRONMENTAL AGRICULTURAL 624.00
209748A 7/25/2022 - ILLICIT SW DISCHARGE ANALYSIS 001-551-67575 624.00 8/2/2022 001040 FRONTIER COMMUNICATIONS 2,018.09
102401-5-07192022 7/19-8/18/2022 - TELEPHONE SERVICES 001-410-67705 397.52 102401-5-07192022 7/19-8/18/2022 - TELEPHONE SERVICES 001-565-67705 340.77 102401-5-07192022 7/19-8/18/2022 - TELEPHONE SERVICES 005-701-67705 683.51 102401-5-07192022 7/19-8/18/2022 - TELEPHONE SERVICES 020-601-67705 596.29 8/2/2022 001706 GENE ROMERO 100.00
001706-07262022 7/26/2022 - REFUND - RVP SECURITY/DAMAGE DEPOSIT 001-22510 100.00 8/2/2022 000813 HOME DEPOT CREDIT SERVICES 61.13
2635-072022 JULY 2022 - MISC MAINT/REPAIR ITEMS 001-558-60250 61.13 8/2/2022 001631 LINDE GAS & EQUIPMENT INC. 61.91
30200419 6/20/22-7/20/2022 - WWTP - CYLINDER RENTAL 005-701-61111 61.91 8/2/2022 000353 MICHAEL J. BOGGESS dba 100.00
INV-4651 AUG 2022 - MONTHLY WEBISTE SERVICES 001-410-60210 100.00 8/2/2022 000342 NIELSEN BUILDING MATERIALS,INC 10.75
47837 7/13/2022 - WTP - MISC MATL'S/SUPPLIES 020-601-61140 10.75 8/2/2022 001696 NVIRO 2,432.11
2182 7/8-7/19/2022 - WWTP - SURVEILANCE SYSTEM 005-701-60800 2,432.11 8/2/2022 000352 P G & E 31,401.79
5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 001-410-61241 781.18 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 001-501-61241 479.49 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 001-510-61241 390.66 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 001-550-61241 4,425.56 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 001-552-61241 311.48 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 001-556-61241 317.24 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 001-565-61241 408.23 8/17/2022 11:27:17 AM Page 1 of 11

Page 12 of 108 ends

Check Disbursements - City Council - August 25, 2022 Payment Dates: 7/30/2022 - 8/12/2022 Payment
Number
43005
43006
43007
43008
43011
43012
43013
43014
43015
43016
43017
43018
Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 005-701-61241 11,482.87 5220532306-7-07102022 6/6/2022-7/5/2022 - UTILITIES - ELECTRIC 020-601-61241 12,805.08 8/2/2022 001705 RICHARD SCHUSSEL 100.00
001705-07262022 7/26/2022 - REFUND - RVP SECURITY/DAMAGE DEPOSIT 001-22510 100.00 8/2/2022 001698 SANDRA M BIERDZINSKI 112.67
001698-07292022 7/29/2022 - REFUND - COBRA PREMIUM - NOT ENROLLED 001-12210 112.67 8/2/2022 000132 SB CO ANIMAL SVCS, HEALTH & REG 10,600.00 FY21-22 Q4 04/01-06/30/2022 - ANIMAL SHELTER & FIELD SERVICES 001-410-60015 10,600.00 8/2/2022 000489 STEVE'S WHEEL & TIRE 32.00
1-91855 7/27/2022 - VEHICLE MAINTENANCE 001-558-60270 10.66 1-91855 7/27/2022 - VEHICLE MAINTENANCE 005-701-60270 10.67 1-91855 7/27/2022 - VEHICLE MAINTENANCE 020-601-60270 10.67 8/2/2022 000755 SYV ELITE EVENT PARTY RENTALS, INC. 121.50 228439371 7/29-8/1/2022 - HOT BOX RENTAL (BBQ BONANZA) 001-511-67140 121.50 8/2/2022 000379 U.S. POSTAL SERVICE 520.00
000379-082022 AUG 2022 - UB - POSTAGE 005-701-61131 260.00 000379-082022 AUG 2022 - UB - POSTAGE 020-601-61131 260.00 8/2/2022 000677 WALLACE GROUP 8,122.07
56767 JUNE 2022 - 2021-2023 - REG COMPLIANCE ASSIST 005-701-60800 8,122.07 8/2/2022 001063 Wells Fargo Vendor Fin Serv 139.00
5021091937 8/5-9/4/2022 - REC - COPIER LEASE 001-511-60310 139.00 8/2/2022 001111 TETRA TECH, INC. 92,580.00
51924661 JUNE 2022 - ENCROACHMENT PERMIT SERVICES 025-557-60800 485.00 51924662 JUNE 2022 - 73 IND WAY/FIGUEROA 001-22416 90037-070 1,085.00 51924663 JUNE 2022 - NETWORK @ INDUSTRIAL WAY 001-22416 90044-070 1,685.00 51924664 JUNE 2022 - WAYPOINT PLAN CHECK 001-22416 90039-070 665.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 001-551-60800 15,365.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 001-565-60830 2,820.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 005-701-60830 8,150.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 020-601-60800 2,110.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 020-601-60830 7,840.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 025-554-60800 3,795.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 025-554-60830 1,300.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 029-557-60800 500.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 092-220-70005 09222070005 40,060.00 51924665 JUNE 2022 - COB - ENGINEERING SERVICES 092-320-71500 09232071500 6,720.00 8/9/2022 000820 ACWA/JPIA 3,173.16
0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 001-401-50400 476.26 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 001-402-50400 185.11 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 001-403-50400 69.04 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 001-420-50400 200.52 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 001-511-50400 502.07 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 001-558-50400 682.91 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 001-565-50400 182.20 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 005-701-50400 437.53 0690897 SEPT 2022 - DENTAL/VISION/EAP PREMIUMS 020-601-50400 437.52 8/9/2022 001378 ALLISON FIREY 2,684.50
8/17/2022 11:27:17 AM Page 2 of 11
001378-07292022 7/18-22/2022 - REC - GLITZ/GLAM & FAIRYTALE CAMP 001-511-67140 2,684.50 8/9/2022 000028 ARAMARK UNIFORM SERVICES INC 473.32
792212509-072022 JULY 2022 - MATS/TOWELS SERVICE 001-558-60800 378.66 792212509-072022 JULY 2022 - MATS/TOWELS SERVICE 005-701-60800 94.66

Page 13 of 108 ends

Check Disbursements - City Council - August 25, 2022 Payment Dates: 7/30/2022 - 8/12/2022 Payment
Number
43019
43020
43021
43022
43023
43024
43025
43026
43027
43028
43029
43030
43031
43032
43033
43034
43035
43036
Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 8/9/2022 001704 BILL SCOTT PLANNING CONSULTANT 3,520.00 001 06/01-07/08/2022 - PLNG - PLANNING CONSULTANT 001-22416 90082070 1,000.00 001 06/01-07/08/2022 - PLNG - PLANNING CONSULTANT 001-22416 90079070 1,240.00 001 06/01-07/08/2022 - PLNG - PLANNING CONSULTANT 001-565-60800 960.00 001 06/01-07/08/2022 - PLNG - PLANNING CONSULTANT 001-565-60800 320.00 8/9/2022 000072 CA JOINT POWERS INS AUTHORITY 1,188.00
ENVIR01125 7/1/22-7/1/23 - POLLUTION LIABILITY INSURANCE PROG 001-410-50610 1,188.00 8/9/2022 000076 CAL-COAST IRRIGATION, INC. 31.48
2207-647823 7/19/2022 - WTP - MISC MAINT/REPAIR ITEMS 020-601-60250 1.42 2207-647951 7/20/2022 - WTP - MISC MAINT/REPAIR ITEMS 020-601-60250 30.06 8/9/2022 000655 COAST NETWORX, INC. 1,170.00
22124 7/6/2022 - CH - IT SERVICES - TRBLSHT VOIP FIREWAL 001-410-60210 125.00 22132 7/21/2022 - PW - IT SERVICES, SET-UP COMUTER 001-558-60210 250.00 MSP-4006045 AUG 2022 - MNTHLY GUARDIAN MSP SRVC - TIER I 001-410-60210 795.00 8/9/2022 000118 COASTAL COPY, INC. 194.67
1021236 6/29-7/28/2022 - REC - COPIER OVERAGES 001-511-61130 33.04 1021427 7/31-8/30/2022 - CC - SCANNER BASE RATE 001-401-60210 161.63 8/9/2022 000122 COMCAST CABLE 240.01
0209119-07242022 7/29-8/28/2022 - WWTP - INTERNET SERVICES 005-701-60210 240.01 8/9/2022 000122 COMCAST CABLE 286.01
0114343-07222022 7/26-08/25/2022 - CH - INTERNET SERVICES 001-410-61292 286.01 8/9/2022 001586 DAVID IBSEN 6,076.00
001586-07292022 7/5-7/29/2022 - REC - BASKETBALL CAMP/RISING STARS 001-511-67140 6,076.00 8/9/2022 000197 FOODBANK OF SB COUNTY 8007
000197-FY2022-2023 FY2022-2023 - COMMUNITY ORGANIZATION SUPPORT 001-410-67200 8,007.00 8/9/2022 001040 FRONTIER COMMUNICATIONS 218.55
081199-5-07192022 07/19-8/18/2022 - TELEPHONE SERVICES 001-410-67705 218.55 8/9/2022 001216 GovInvest 6,955.64
2022-3918 FY2022-2023 - OPEB & PENSION - ANNUAL FEES 001-410-60210 2,318.55 2022-3918 FY2022-2023 - OPEB & PENSION - ANNUAL FEES 005-701-60210 2,318.55 2022-3918 FY2022-2023 - OPEB & PENSION - ANNUAL FEES 020-601-60210 2,318.54 8/9/2022 000543 HD SUPPLY FACILITIES MAINTENANCE, LTD. 946.83 009439 6/10/2022 - WTP - MISC MATL'S/SUPPLIES 020-601-61127 528.59 012262 6/14/2022 - WWTP - MISC MATL'S/SUPPLIES 005-701-61140 97.23 046184 7/15/2022 - WTP - MISC MAINT/REPAIR ITEMS 020-601-60250 321.01 8/9/2022 001433 JULIE EVERETT 777.00
001433-07292022 7/6-8/1/2022 - REC - TINY TOTS JAMBOREE 001-511-67140 777.00 8/9/2022 011300 KAREN PALMER 35.00
011300-07292022 7/6-8/1/2022 - REC - KUNDALINI YOGA 001-511-67140 35.00 8/9/2022 011306 KARLIN LADERA 2,003.50
011306-07292022 7/18-22/2022 - REC - KARLIN'S SOCCER 001-511-67140 2,003.50 8/9/2022 001671 KATIE STEINER 135.00
001671-07292022 7/4-7/29/2022 - REC - STRENGTH & TONE CLASSES 001-511-67140 135.00 8/9/2022 000881 KIMBERLY A. LeCLAIRE dba 72.00
120890 8/3/2022 - HR - RANDOM DRUG TEST 001-403-67370 72.00 8/9/2022 000273 KURT GREER 299.00
000273-07212022 7/21/2022 - REIMBURSEMENT - TESTING COSTS 001-403-67370 299.00 8/17/2022 11:27:17 AM Page 3 of 11

Page 14 of 108 ends

Check Disbursements - City Council - August 25, 2022 Payment Dates: 7/30/2022 - 8/12/2022 Payment
Number
43037
43038
43039
43040
43041
43042
43043
43044
43045
43046
43047
43048
43049
43050
43051
43052
0007457331
Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 8/9/2022 001377 MARNA PALSGAARD 324.00
001377-07292022 7/1-30/2022 - REC - SPIN/SCULPT CLASS 001-511-67140 324.00 8/9/2022 001503 MISSION ROWING 843.50
001503-07292022 6/13-16-2022 - REC - ROWING CAMP 001-511-67140 843.50 8/9/2022 000342 NIELSEN BUILDING MATERIALS,INC 60.99
49156 7/20/2022 - PW - MISC MAINT/REPAIR ITEMS 001-558-60250 45.40 49700 7/22/2022 - RVP/VLG - MISC MAINT/REPAIR ITEMS 001-552-60059 7.79 49700 7/22/2022 - RVP/VLG - MISC MAINT/REPAIR ITEMS 001-552-60258 7.80 8/9/2022 001490 QUADIENT LEASING USA, INC. 973.54
N9514623 8/27-11/26/2022 - POSTAGE EQUIPMENT LEASE 001-410-60310 973.54 8/9/2022 000032 READY REFRESH BY NESTLE 170.60
12G0029022365 6/27-7/26/2022 - DRINKING WATER SERVICE 001-410-60800 170.60 8/9/2022 000706 SATCOM GLOBAL, INC. 56.86
AI08220061 JULY 2022 - IRIDIUM SIM CARD - GSA PLAN 001-410-60014 56.86 8/9/2022 001390 SCOTT WOLFE 800.00
001390-082022 AUG 2022 - REIMBURSEMENT - MERP PER CONTRACT 001-402-50400 800.00 8/9/2022 001597 SHANA DELEON 1,050.00
001597-07292022 7/1-7/31/2022 - REC - SOCIAL MEDIA 001-511-60510 1,050.00 8/9/2022 000507 SoCalGas 21.75
9000-4-07282022 6/24-7/26/2022 - CH - UTILITIES - GAS 001-410-61230 21.75 8/9/2022 000507 SoCalGas 15.78
9000-8-07282022 6/24-7/26/2022 - LIB/CCC - UTILITIES - GAS 001-410-61230 15.78 8/9/2022 000681 STATEWIDE TRAFFIC SAFETY & SIGNS, INC. 138.67 03021009 7/14/2022 - PW - MISC MATL'S/SUPPLIES 001-558-60560 138.67 8/9/2022 000521 TODD PIPE & SUPPLY 134.16
814516-072022 JULY 2022 - MISC MAINT/REPAIR ITEMS 020-601-60250 107.94 814516-072022 JULY 2022 - MISC MATL'S/SUPPLIES 020-601-61140 26.22 8/9/2022 001071 Tractor Supply Co 78.64
5541-07292022 6/30/2022 - PW - UNIFORM PANTS 001-558-60131 78.64 8/9/2022 000862 TYLER TECHNOLOGIES, INC. 33.75
025-385600 4/1-6/30/2022 - UB - CC TRANSACTION FEES 005-701-60900 16.88 025-385600 4/1-6/30/2022 - UB - CC TRANSACTION FEES 020-601-60900 16.87 8/9/2022 000904 US BANK EQUIPMENT FINANCE 619.63
478523202 7/20-8/20/2022 - PLNG - COPIER LEASE/OVERAGES 001-565-60310 519.32 478523202 7/20-8/20/2022 - PLNG - COPIER LEASE/OVERAGES 001-565-61130 100.31 8/9/2022 001680 VANESSA ROBERTSON 374.40
001680-07292022 7/2-8/1/2022 - REC - 2-STEP CLASS 001-511-67140 374.40 8/11/2022 000193 FIRST NATIONAL BANK OF OMAHA 12,140.49 2049-07192022-2 E LEWIS - CC CHARGES THROUGH 7/19/2022 001-401-60710 600.00 2984-07192022-2 K ABELLO - CC CHARGES THROUGH 7/19/2022 001-511-60250 19.36 001-552-60258 318.56
2984-07192022-2 K ABELLO - CC CHARGES THROUGH 7/19/2022 001-511-67140 51013-040 2,491.16 2984-07192022-2 K ABELLO - CC CHARGES THROUGH 7/19/2022 001-511-67140 1,729.40 3072-07192022-2 K THOMSEN - CC CHARGES THROUGH 7/19/2022 001-511-60250 232.66 3072-07192022-2 K THOMSEN - CC CHARGES THROUGH 7/19/2022 001-511-60900 79.95 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 001-558-60270 102.17 8/17/2022 11:27:17 AM Page 4 of 11
3072-07192022-2 K THOMSEN - CC CHARGES THROUGH 7/19/2022 001-511-67140 51013-040 2,887.72 3072-07192022-2 K THOMSEN - CC CHARGES THROUGH 7/19/2022 001-511-67140 51014-040 170.00 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 001-552-60059 44.60 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022

Page 15 of 108 ends

Check Disbursements - City Council - August 25, 2022 Payment Dates: 7/30/2022 - 8/12/2022 Payment
Number
L2618150
Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 001-558-61140 67.41 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 001-558-61280 6.00 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 001-558-67600 259.92 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 001-558-72300 49.75 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 005-701-61140 217.92 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 005-701-61280 6.00 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 005-701-67600 103.38 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 020-601-61280 6.00 3689-07192022-2 R HESS - CC CHARGES THROUGH 7/19/2022 020-601-67600 103.38 6530-07192022-2 A SANCHEZ - CC CHARGES THROUGH 7/19/2022 001-401-60710 600.00

10.00 7905-07192022-2 S WOLFE - CC CHARGES THROUGH 7/19/2022 001-402-60710 16.50 7905-07192022-2 S WOLFE - CC CHARGES THROUGH 7/19/2022 001-402-60900 26.57 8998-07192022-2 L REID - CC CHARGES THROUGH 7/19/2022 001-401-60900 30.88 8998-07192022-2 L REID - CC CHARGES THROUGH 7/19/2022 001-403-60650 175.00 8998-07192022-2 L REID - CC CHARGES THROUGH 7/19/2022 001-410-61130 202.62 8/11/2022 001388 VINTAGE WALK OWNERS ASSOCIATION 214.32 41862970899-082022 AUG 2022 - VB - HOA FEES - 597 AOF #101 001-410-60900 214.32 Payment Total: 404,101.27
8/17/2022 11:27:17 AM Page 5 of 11
8998-07192022-2 L REID - CC CHARGES THROUGH 7/19/2022 001-558-72300 1,083.58 9884-07192022-2 L REID - CC CHARGES THROUGH 7/19/2022 001-511-61280 175.00 9884-07192022-2 L REID - CC CHARGES THROUGH 7/19/2022 001-511-67140 51014-040 325.00 9884-07192022-2 L REID - CC CHARGES THROUGH 7/19/2022 001-511-67140 51013-040

Page 16 of 108 ends

Check Disbursements - City Council - August 25, 2022 Payment Dates: 7/30/2022 - 8/12/2022 Payment Amount
Payment Amount
Report Summary
Fund Summary
Fund
001 - General Fund 287,213.47
005 - Sewer Fund 34,783.05
020 - Water Fund 27,578.09
025 - Gas Tax Fund 5,580.00
027 - Local Transportation Fund 1,666.66
029 - Transportation Planning 500.00
092 - Capital Improvement Proj Fund 46,780.00
Grand Total: 404,101.27
Account Summary
Account Number Account Name
001-12210 A/R Clearing Account 112.67
001-22416 Developer Deposit 5,675.00
001-22510 Park/Damage Charge 200.00
001-401-50400 Medical Benefit 476.26
001-401-60210 Computer Maintenance &Software 161.63
001-401-60710 Travel & Training 1,200.00
001-401-60900 Miscellaneous 30.88
001-402-50400 Medical Benefit 985.11
001-402-60710 Travel & Training 16.50
001-402-60900 Miscellaneous 26.57
001-403-50400 Medical Benefit 69.04
001-403-60650 Membership & Publications 175.00
001-403-67370 H/R Expense 371.00
001-410-50610 Insurance - Property 1,188.00
001-410-60014 Emergency Operations 56.86
001-410-60015 Animal Control 10,600.00
001-410-60210 Computer Maintenance &Software 3,338.55
001-410-60310 Equipment Rental 973.54
001-410-60800 Contract Services 170.60
001-410-60900 Miscellaneous 214.32
001-410-61130 Office Supplies 202.62
001-410-61230 Utilities - Gas 37.53
001-410-61241 Utilities - Electric 781.18
001-410-61292 Internet Access/ Website Maint 286.01
001-410-67200 Community Organization Support 8,007.00
001-410-67705 Telephone 616.07
001-420-50400 Medical Benefit 200.52
001-501-61241 Utilities - Electric 479.49
001-510-60800 Contract Services 193,729.00
001-510-61241 Utilities - Electric 390.66
001-511-50400 Medical Benefit 502.07
001-511-60250 Maintenance/Repair 252.02
001-511-60270 Maintenance-Vehicles 60.00
001-511-60310 Equipment Rental 139.00
001-511-60510 Advertising 1,050.00

Page 6 of 11 ends

001-511-60900 Miscellaneous 79.95
001-511-61130 Office Supplies 33.04
001-511-61280 Fuel-Vehicles 175.00
001-511-61290 Telephone/Internet 235.52
001-511-67140 Buellton Recreation Program 20,987.68
001-550-61241 Utilities - Electric 4,425.56
001-551-60800 Contract Services 15,365.00
001-551-67575 Regulatory Compliance 624.00
001-552-60059 Maintenance-Repair Village Park 52.39
001-552-60258 Maintenance/Repair-River View 326.36
001-552-61211 Utilities - Water 2,420.07
8/17/2022 11:27:17 AM

Page 17 of 108 ends

Check Disbursements - City Council - August 25, 2022 Payment Dates: 7/30/2022 - 8/12/2022 Payment Amount
Account Summary
Account Number Account Name
001-552-61241 Utilities - Electric 311.48
001-556-61241 Utilities - Electric 317.24
001-558-50400 Medical Benefit 682.91
001-558-60131 Laundry / Uniforms 78.64
001-558-60210 Computer Maintenance &Software 250.00
001-558-60250 Maintenance / Repair 106.53
001-558-60270 Maintenance - Vehicles 112.83
001-558-60560 Signs 138.67
001-558-60800 Contract Services 598.41
001-558-61140 Operational Supplies 67.41
001-558-61280 Fuel - Vehicles 6.00
001-558-67600 Safety Equipment 259.92
001-558-72300 Computer Equipment 1,133.33
001-565-50400 Medical Benefit 182.20
001-565-60310 Equipment Rental 519.32
001-565-60800 Contract Services 1,280.00
001-565-60830 Contract Services-Engineering 2,820.00
001-565-61130 Office Supplies 100.31
001-565-61241 Utilities - Electric 408.23
001-565-67705 Telephone 340.77
005-701-50400 Medical Benefit 437.53
005-701-60210 Computer Maintenance &Software 2,558.56
005-701-60270 Maintenance - Vehicles 10.67
005-701-60800 Contract Services 10,696.59
005-701-60830 Contract Services-Engineering 8,150.00
005-701-60900 Miscellaneous 16.88
005-701-61111 Chemicals / Analysis 61.91
005-701-61131 Postage 260.00
005-701-61140 Operational Supplies 315.15
005-701-61241 Utilities - Electric 11,482.87
005-701-61280 Fuel - Vehicles 6.00
005-701-67600 Safety Equipment 103.38
005-701-67705 Telephone 683.51
020-601-50400 Medical Benefit 437.52
020-601-60210 Computer Maintenance &Software 2,318.54
020-601-60250 Maintenance / Repair 460.43
020-601-60270 Maintenance - Vehicles 10.67
020-601-60800 Contract Services 2,157.75
020-601-60830 Contract Services-Engineering 7,840.00
020-601-60900 Miscellaneous 16.87
020-601-61127 Tools 528.59
020-601-61131 Postage 260.00
020-601-61140 Operational Supplies 36.97
020-601-61241 Utilities - Electric 12,805.08
020-601-61280 Fuel - Vehicles 6.00
020-601-67600 Safety Equipment 103.38
020-601-67705 Telephone 596.29
025-554-60800 Contract Services 3,795.00
025-554-60830 Contract Services - Engineering 1,300.00
025-557-60800 Contract Services 485.00
027-559-67445 Lompoc- Wine Country Express 1,666.66
029-557-60800 Contract Services 500.00
092-220-70005 Design and Permitting 40,060.00
092-320-71500 Project Management and Inspection 6,720.00 Grand Total: 404,101.27
8/17/2022 11:27:17 AM Page 7 of 11

Page 18 of 108 ends

Check Disbursements - City Council - August 25, 2022 Payment Dates: 7/30/2022 - 8/12/2022 Payment Amount
09222070005
09232071500
51013-040
51014-040
90037-070
90039-070
90044-070
90079070
90082070
Grand Total: 404,101.27
8/17/2022 11:27:17 AM Page 8 of 11
40,060.00
6,720.00
5,388.88
495.00
1,085.00
665.00
1,685.00
1,240.00
1,000.00
Project Account Summary
Project Account Key
**None** 345,762.39

Page 19 of 108 ends

Check Disbursements - City Council - August 25, 2022
Amount
City of Buellton, CA Contract Services Detail
Payment Dates 7/30/2022 - 8/12/2022
Vendor Name Payment Number Post Date Description (Item) Account Number Fund: 001 - General Fund
Department: 410 - NON-DEPARTMENTAL
READY REFRESH BY NESTLE 43041 07/26/2022 6/27-7/26/2022 - DRINKING

WATER SERVICE
001-410-60800 170.60
Department 410 - NON-DEPARTMENTAL Total: 170.60
Department: 510 - LEISURE SERVICES - LIBRARY
CITY OF GOLETA 42991 07/27/2022 7/1/22-6/30/23 - LIBRARY -

OPERATING BUDGET
001-510-60800 193,729.00
Department 510 - LEISURE SERVICES - LIBRARY Total: 193,729.00 Department: 551 - STORM WATER
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
001-551-60800 15,365.00
Department 551 - STORM WATER Total: 15,365.00
Department: 558 - PUBLIC WORKS - GENERAL
CLARK PEST CONTROL 42993 07/26/2022 7/26/2022 - PD/LIB - PEST

CONTROL
001-558-60800 172.00
ECHO COMMUNICATIONS 42995 08/01/2022 AUG 2022 -

ANSWERING/MESSAGING

SERVICE
001-558-60800 47.75
ARAMARK UNIFORM SERVICES INC 43018 07/31/2022 JULY 2022 - MATS/TOWELS

SERVICE
001-558-60800 378.66
Department 558 - PUBLIC WORKS - GENERAL Total: 598.41
Department: 565 - PLANNING
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
001-565-60830 2,820.00
BILL SCOTT PLANNING CONSULTANT 43019 07/08/2022 06/01-07/08/2022 - PLNG -

PLANNING CONSULTANT
001-565-60800 960.00
BILL SCOTT PLANNING CONSULTANT 43019 07/08/2022 06/01-07/08/2022 - PLNG -

PLANNING CONSULTANT
001-565-60800 320.00
Department 565 - PLANNING Total: 4,100.00
213,963.01
Fund 001 - General Fund Total: 213,963.01
Fund: 005 - Sewer Fund
Department: 701 - WASTEWATER
ECHO COMMUNICATIONS 42995 08/01/2022 AUG 2022 -

ANSWERING/MESSAGING

SERVICE
005-701-60800 47.75
NVIRO 43003 07/19/2022 7/8-7/19/2022 - WWTP -

SURVEILANCE SYSTEM
005-701-60800 2,432.11
WALLACE GROUP 43013 06/30/2022 JUNE 2022 - 2021-2023 - REG

COMPLIANCE ASSIST
005-701-60800 8,122.07
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
005-701-60830 8,150.00
ARAMARK UNIFORM SERVICES INC 43018 07/31/2022 JULY 2022 - MATS/TOWELS

SERVICE
005-701-60800 94.66
Department 701 - WASTEWATER Total: 18,846.59
18,846.59
Fund 005 - Sewer Fund Total: 18,846.59
Fund: 020 - Water Fund
Department: 601 - WATER
ECHO COMMUNICATIONS 42995 08/01/2022 AUG 2022 -

ANSWERING/MESSAGING

SERVICE
020-601-60800 47.75
8/17/2022 12:16:25 PM Page 9 of 11

Page 20 of 108 ends

Amount
Contract Services Detail Payment Dates: 7/30/2022 - 8/12/2022 Vendor Name Payment Number Post Date Description (Item) Account Number TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
020-601-60800 2,110.00
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
020-601-60830 7,840.00
Department 601 - WATER Total: 9,997.75
9,997.75
Fund 020 - Water Fund Total: 9,997.75
Fund: 025 - Gas Tax Fund
Department: 554 - TRAFFIC SAFETY
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
025-554-60800 3,795.00
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
025-554-60830 1,300.00
Department 554 - TRAFFIC SAFETY Total: 5,095.00
Department: 557 - PUBLIC WORKS - ENGINEERING
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - ENCROACHMENT

PERMIT SERVICES
025-557-60800 485.00
Department 557 - PUBLIC WORKS - ENGINEERING Total: 485.00 5,580.00
Fund 025 - Gas Tax Fund Total: 5,580.00
Fund: 029 - Transportation Planning
Department: 557 - PUBLIC WORKS - ENGINEERING
TETRA TECH, INC. 43015 06/30/2022 JUNE 2022 - COB -

ENGINEERING SERVICES
029-557-60800 500.00
Department 557 - PUBLIC WORKS - ENGINEERING Total: 500.00 500.00
Fund 029 - Transportation Planning Total: 500.00
Grand Total: 248,887.35
8/17/2022 12:16:25 PM Page 10 of 11

Page 21 of 108 ends

Report Summary
Contract Services Detail Payment Dates: 7/30/2022 - 8/12/2022 Fund Summary
Fund Payment Amount
001 - General Fund 213,963.01
005 - Sewer Fund 18,846.59
020 - Water Fund 9,997.75
025 - Gas Tax Fund 5,580.00
029 - Transportation Planning 500.00
Grand Total: 248,887.35
Account Summary
Account Number Account Name Payment Amount
001-410-60800 Contract Services 170.60
001-510-60800 Contract Services 193,729.00
001-551-60800 Contract Services 15,365.00
001-558-60800 Contract Services 598.41
001-565-60800 Contract Services 1,280.00
001-565-60830 Contract Services-Engineering 2,820.00
005-701-60800 Contract Services 10,696.59
005-701-60830 Contract Services-Engineering 8,150.00
020-601-60800 Contract Services 2,157.75
020-601-60830 Contract Services-Engineering 7,840.00
025-554-60800 Contract Services 3,795.00
025-554-60830 Contract Services - Engineering 1,300.00
025-557-60800 Contract Services 485.00
029-557-60800 Contract Services 500.00
8/17/2022 12:16:25 PM Page 11 of 11
Grand Total: 248,887.35
Project Account Summary
Project Account Key Payment Amount
**None** 248,887.35
Grand Total: 248,887.35

Page 22 of 108 ends

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: August 25, 2022

Subject: Monthly Treasurer’s Report – July 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 9, 2022, Council adopted the current Investment Policy per Resolution 22-21 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 July 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 July 31, 2022.

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

Page 23 of 108 ends

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in July 31, 2022
August 25, 2022
This report presents the City’s cash activity and investment portfolio as of July 31, 2022. The report includes:
1) Cash and investments at July 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 July 31, 2022
The following schedule is a summary of the City’s cash and investments based on recorded value as of July 31, 2022 compared with the prior month.

June 30, 2022 July 31, 2022 $ Change
Cash - Pooled $ 10,228,829.12 $ 10,819,803.69 $ 590,974.57 Restricted Cash $ 446,824.14 $ 446,889.55 $ 65.41
Investments held by the City 10,277,599.84 10,294,623.29 $ 17,023.45 TOTAL CASH AND INVESTMENTS $ 20,953,253.10 $ 21,561,316.53 $ 608,063.43 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 the second installment of ARPA funds offset with reoccurring monthly expenditures. The value of investments increase mainly due to 2022 Fourth Quarter Local Agency Investment Fund (LAIF) LAIF interest earnings. The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.

City of Buellton

Page 24 of 108 ends

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 J u l 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: 7/31/2022
Mechanics Bank General Checking 11,065,739.61
Mechanics Bank Money Market 206,971.01
Mechanics Bank FSA 14,847.10
Local Agency Investment Fund 8,682,024.70
Multi-Securites Bank 1,405,627.58
Sterling Bank - Escrow 446,889.55
Total Cash per Statements: 21,822,099.55
Claim on Cash vs. Total Cash Per Statements: (260,783.02) Outstanding items per System Reconciliation: (260,783.02) Difference: -
11,149,867.21
2,776,260.26
(665,900.63)
6,018,085.10
(1,222,597.25)
492,213.19
36,329.45
409,431.70
222,743.77
26,531.14
867,941.63
1,221,509.78
262,600.04
-
-
(33,698.86)
-
21,561,316.53
10,804,956.59
206,971.01
14,847.10
1,405,627.58
8,682,024.70
446,889.55
-
21,561,316.53
999-21000 Wages Payable 80,180.05 -
TOTAL: Cash in Bank 20,953,253.10 608,063.43
(80,180.05)
999-10007 Restricted Cash - Webster Bank Escrow 446,824.14 65.41 999-10008 Restricted Cash - Webster Bank Equity - -
999-10004 Pooled Cash - Brokerage 1,404,834.90 792.68
999-10005 Pooled Cash - LAIF 8,665,800.51 16,224.19
999-10002 Pooled Cash - Money Market 206,964.43 6.58
999-10003 Pooled Cash - FSA 14,243.85 603.25
TOTAL CLAIM ON CASH 20,873,073.05 688,243.48

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 10,214,585.27 590,371.32 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash (5,103.68) (28,595.18)
075-10000 Claim On Pooled Cash 252,403.86 10,196.18
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 867,267.54 674.09
032-10001 Claim On Pooled Cash 610,782.05 610,727.73
027-10000 Claim On Pooled Cash 224,236.14 (1,492.37)
029-10000 Claim On Pooled Cash 26,510.54 20.60
024-10000 Claim On Pooled Cash 36,301.23 28.22
025-10000 Claim On Pooled Cash 398,354.61 11,077.09
021-10000 Claim on Pooled Cash (1,222,597.25) -
023-10000 Claim On Pooled Cash 491,830.91 382.28
006-10000 Claim on Pooled Cash (665,900.63) -
020-10000 Claim On Pooled Cash 5,886,578.16 131,506.94

CLAIM ON CASH
001-10000 Claim On Pooled Cash 11,208,247.46 (58,380.25) 005-10000 Claim On Pooled Cash 2,764,162.11 12,098.15
Bank Reconciliation - July 2022
City of Buellton, CA
For the Period Ending 7/31/2022
6/30/2022

BALANCE

CURRENT

ACTIVITY
7/31/2022
BALANCE ACCOUNT # ACCOUNT NAME

Page 25 of 108 ends

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 J u l y 3 1 , 2 0 2 2
P a g e | 3
City of Buellton
Investment Summary
July 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 84.94% 0.75% n/a n/a 8,682,024.70 $ $ 8,682,024.70 First Technology Bank Fed Cr Union 1.01% 3.60% 5 yrs. 12/26/2023 103,000.00 103,591.22 First Technology Bank Fed Cr Union 0.98% 3.35% 5 yrs. 2/6/2024 100,000.00 100,199.00 Comenity Cap Bank 1.57% 2.80% 5 yrs. 4/15/2024 160,000.00 158,752.00 Morgan Stanley Bank 0.98% 2.75% 5 yrs. 5/2/2024 100,000.00 99,091.00 Capital One Bank 0.98% 2.00% 5 yrs. 8/21/2024 100,000.00 97,316.00 Morgan Stanley Bank 0.98% 1.90% 5 yrs. 1/23/2025 100,000.00 96,444.00 State Bk India 1.96% 1.60% 5 yrs. 4/29/2025 200,000.00 190,476.00 Sallie Mae Bank 1.17% 0.80% 5 yrs. 7/1/2025 120,000.00 111,224.40 Third Fed Savings 2.40% 3.50% 5 yrs. 6/28/2027 245,000.00 244,492.85 Morgan Stanley Bank 1.02% 3.75% 5 yrs. 6/28/2017 104,000.00 104,743.60 Multi-Securities Bank - Cash in Holding 99,297.51
Money Market (Held with Mechanics Bank) 2.02% 0.20% n/a 206,971.01 206,971.01 Total City Investments 100.00% $ 10,220,995.71 $ 10,294,623.29 Certificates of Deposits (Held with Multi-Securities Bank)

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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 J u l y 3 1 , 2 0 2 2
P a g e | 4
The following is a fund balance schedule showing beginning fund balance at July 1, 2022 plus revenues minus expenditures for the period, resulting in ending fund balance at July 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 July 31, 2022
Balance
45,279.77 947,823.73 10,733,985.90
115,423.26 113,318.04 2,540,218.90
006 - Wastewater Capital - - 117,108.94
020 - Water Fund 258,621.03 283,456.71 6,674,991.43
021 - Water Capital - - 296,528.48
- - 492,213.19
- - 36,329.45
13,379.03 - 417,230.73
027 - Local Transportation Fund - 1,666.66 222,743.77
029 - Transportation Planning - - (110,412.36)
031 - Measure A - - 910,618.62
032 - American Relief Act Fund 610,253.00 - 1,221,509.78 075 - Trust & Agency Fund - - 10,804.53
090 - Long-Term Debt - - (3,856,421.20)
091 - General Fixed Assets - - 24,869,114.84
-
1,362,415.14 44,496,086.14
24,869,114.84
092 - Capital Improvement Proj Fund (64,328.86) 16,150.00 (80,478.86) 44,815,545.19 1,042,956.09
224,410.43
(110,412.36)
910,618.62
611,256.78
10,804.53
(3,856,421.20)
296,528.48
023 - Housing Fees 492,213.19
024 - Traffic Mitigation Fund 36,329.45
025 - Gas Tax Fund 403,851.70
001 - General Fund 11,636,529.86
005 - Sewer Fund 2,538,113.68
117,108.94
6,699,827.11
Fund Balance Report
City of Buellton, CA 7/31/2022
Fund July 1, 2022
Balance
Total Revenues

Page 27 of 108 ends

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: Gregory Murphy, City Attorney
Meeting Date: August 25, 2022
Subject: Appointment of Assistant City Attorney
______________________________________________________________________________

BACKGROUND
Earlier this year, Kane Thuyen resigned his position with the firm Burke, Williams & Sorensen, LLP, and as such his position as Assistant City Attorney. Since that time, Alondra Espinosa has been ably working with the City in the role of a deputy to the City Attorney. Her outstanding work and her care for the City of Buellton make her the firm’s top choice to fill the role of Assistant City Attorney.

Section Three of the legal services agreement between the City and the firm requires the City Council to confirm the appointment of the Assistant City Attorney. The City Council is asked to consider Ms. Espinosa’s work, any input from the City Manager and staff, and the firm’s request and to then appoint Ms. Espinosa as Assistant City Attorney.

FISCAL IMPACT
There is no fiscal impact to this item.

RECOMMENDATION
Staff recommends that the City Council appoint Alondra Espinosa as the Assistant City Attorney effective immediately.

Page 28 of 108 ends

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: August 25, 2022
Subject: Disposition of City Council Seat Vacancy
______________________________________________________________________________

BACKGROUND
At the City Council meeting of August 11, 2022, the Council discussed this item but was unable to come to a decision on filling the City Council vacancy. At the Council’s request, staff is bringing this item back for further discussion and possible action. Should the Council not fill the vacancy at this meeting, the position will remain vacant until after the November 8, 2022 election.

On July 8, 2022, Councilmember Ed Andrisek resigned from the City Council, citing health reasons. This has left a vacant seat on the City Council.

California Government Code Section 36512(b) specifies the methods by which a vacancy in an elected position may be filled and requires that the Council act within 60 days to make a decision on how it will fill the position. The first method to fill the vacancy is to appoint a new Councilmember, while the second is to fill the vacancy by special election.

If a special election is chosen, it must take place at least 114 days after the City Council’s call for such an election.

In the current situation, the term of the vacant seat will expire this year and be refilled in the next regular election within the 114 day period. Therefore the special election is not a viable option. If the Council wishes to fill the vacant seat before the November 8 election, it may only do so by appointment.

The City Council holds complete discretion on whether to appoint a new Councilmember and on the process for appointment of a new Councilmember. Should the City Council decide to fill the vacant seat by appointment, it may appoint a replacement Councilmember immediately, or it may request applications from interested persons. Upon receipt of applications and, if desired, interviews of promising applicants, the Council would make a decision at an upcoming regular or special meeting of the City Council. In the past, the Council has held interviews after a 30 day application period. However, there is no

Page 29 of 108 ends

City Council Vacancy Page 2 August 25, 2022
obligation to continue this practice and in fact a decision is needed by September 6 due to the 60-day statutory limitation.

Appointment of a City Councilmember would bring the City Council back its full membership of five. This would eliminate the potential of a “2-2” vote situation, leaving the Council unable to make an affirmative decision on a proposal. Should the Council decide to leave the vacancy until the election, staff would endeavor to identify and hold off scheduling potentially controversial matters until after the election. At this time, staff is aware of no such items that must come before the City Council before December.

However, the potential for such items still exists. Of course, if an item does come to a 2- 2 vote the Council can simply direct staff to table the item and bring it back after the vacant Council seat is filled.

In summary, the City Council has three options at this time:

1. Leave the vacancy until the next regular election (November 8, 2022).

2. Fill the seat by immediate appointment.

3. Direct staff to accept applications for a set period of time, and identify a date at which time the City Council will meet to consider the applications and make an appointment.

FISCAL IMPACT
A minor fiscal impact may be associated with this item at this time, as filling the vacant seat would result in the monthly stipend ($440 + auto allowance) being paid to the appointed Councilmember for the remainder of the term.

RECOMMENDATION
Staff recommends that the City Council discuss the matter and take action based on one of the three options listed above, namely:

1. Determine to leave the vacancy until the next regular election; or

2. Appoint an individual to fill the vacant seat; or

3. Direct staff to accept applications for a set period of time and identify a date at which time the City Council will meet to consider the applications and make an appointment.

Page 30 of 108 ends

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: August 25, 2022
Subject: Approval of Change Orders for ENGIE Energy Project ______________________________________________________________________________

BACKGROUND
On December 10, 2020, the City Council approved Resolution No. 20-32, approving an Energy Services Agreement with ENGIE Services to implement various energy related improvements to various locations in the City of Buellton. The improvements included solar array panels (located at the wastewater treatment plant [WWTP], front and rear parking area of the post office, and McMurray Road), solar street lights (located on Industrial Way, the WWTP access road, and Central Avenue, and various spot locations), and city-wide mass water meter upgrades. The original contract amount is $4,547,947.

At the time of the agreement approval, a construction contingency amount was not included as the terms of the agreement includes a financed lease purchase agreement.

However, as in any construction project, unforeseen circumstances can occur that will increase costs. Typically a contingency amount of 5-25% (depending on the project) of the construction cost is requested to anticipate such unforeseen circumstances. A project of this size would normally have a contingency amount of 5% ($227,397.35).

During the solar array portions of the projects, an additional total of $89,861.22 was incurred due to water found at shall depths at the WWTP during footing drilling which required mitigation and redesign and trenching for electrical conduit at the post office due to underground utility conflicts. There is a credit in the amount of $13,995.06, for water service/meter repairs made by the City’s contractor during the mass water meter upgrade.

This leaves a net additional cost of $75,866.16, which is ~1.7% of the contract amount.

The projects are substantially complete. There are no additional costs anticipated or pending.

Page 31 of 108 ends

ENGIE Change Order Page 2 August 25, 2022

FISCAL IMPACT
A budget amendment would be required to incorporate all costs to the Capital Improvement Fund. An amount of $75,866.16 would need to be added to 092-612-74100 and 092-711-74100. This amount would be paid by the city via invoice and would not be included in the lease agreement.

RECOMMENDATION
That the City Council consider approval of the change order in the net amount of $75,866.16 and authorize the budget amendment increasing the Capital Improvement Fund (092-612-74100) by $42,114 and $33,752.16.

ATTACHMENT
Attachment 1 – Change Order

Page 32 of 108 ends

ENGIE Services U.S. Project #: CN-001072
ENGIE Services U.S. Contract # R 3501
1 Change Order No. 1
Customer Contract Title:

Energy Services Contract
Customer Contract No.

R 3501
Customer Contract Effective Date:
1/07/2021
Change Order Effective Date:
7/26/22
Customer Name: City of Buellton
Customer Address: 107 W Hwy 246
Buellton, CA 93427
Contact: Rose Hess
Job Location: Buellton, CA – County of Santa Barbara
Reason for / Description
of Change Order:

1. Water Mitigation ($46,587.22): During the auger drilling process to reach the required column depth, for the Solar PV installation at the WWTP, caving at 6’ to 7’ occurred due to ground water. Water mitigation was required for these unforeseen conditions, which included the following:
a) Slurry back the holes
b) Provide casing for each column and Hydrovac truck for the underground water identified

2. Trenching ($40,954.00): Trench instead of boring from PV array to POC for the new Solar PV electrical conduit at Pump Station site due to existing underground utilities:
a) Saw cut and demolition of asphalt, approximately 100 linear feet by 18” wide at 32” depth
b) Excavate as necessary by hand due to the high level of utilities c) Mini ex will be utilized as much as possible, but hand digging will be performed for the majority
d) Slurry and backfill entire trench
e) Install asphalt
f) Asphalt patch back ½” fine
g) Trucking for soils and asphalt haul away

3. ENGIE additional labor ($2,320.00):

4. Plumbing Work (-$13,995.06): Pea Soup Andersons
a) Dig and repair leaking 2" water service. (-$4,665.06) b) Lower Existing & Install New Water Meter (-$9,330.00) Original Contract Amount: $4,547,947.00
This Change Will Add/Deduct (+/-): $75,866.16
Revised Contract Amount: $4,623,813.16

Page 33 of 108 ends

2 The changes within are hereby authorized, subject to the terms and conditions of that certain Customer Contract referenced above by and between ENGIE Services U.S. Inc., and Customer. Except as set forth herein, the Customer Contract is not amended, modified, impaired or otherwise affected, and is hereby confirmed in full force and effect.

CITY OF BUELLTON ENGIE SERVICES U.S. INC.

By: ___________________ By: ___________________
Print Name: _______________ Print Name: _______________ Title: __________________ Title: __________________

Page 34 of 108 ends

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: Rose Hess, Public Works Director
Meeting Date: August 25, 2022
Subject: Consideration of Approval of the Open Streets Event ______________________________________________________________________________

BACKGROUND
An Open Streets event has been in the works for the past several years, with postponements due to the COVID pandemic. The Open Streets event has finally set a date for Sunday, October 30, 2022 – to be held on the Avenue of Flags. The event will offer outreach, education, activities and entertainment in the theme of recreation, fitness and alternative transportation. There will be art and music, dance and various fitness activities. The event will close down a portion of Avenue of Flags from all motorized traffic – with the purpose of bringing the community together via bus, bike, or walking.

The original application (and recent application) had an event location on Avenue of Flags, with street closure from 1st Street to Rufus T. Buell Drive. However, in recent discussion, the request has been made to expand the closure from Highway 246 to Rufus T. Buell Drive. This would allow for more room for various activities, mini-race course and games.

Due to the expansion of the event limits and the potential impact to adjacent businesses, this matter is being brought forward for discussion at City Council. The applicant, HEAL Coalition (Healthy Eating Active Living) is looking for Council support and approval of the event limits and will be working with local businesses to coordinate the closures.

HEAL’s Open Streets committee includes SBCAG representative – Kent Epperson, who has also assisted other Open Streets events at other locations. Mr. Epperson would be assisting particularly with the traffic control and logistics with parking and access with the local businesses.

Closure of Avenue of Flags would be limited to Sunday between the hours of 6 am – 7 pm. (a couple hours before the event starts for set-up to an hour after the event ends for clean-up).

Page 35 of 108 ends

Open Streets Event Page 2 August 25, 2022

FISCAL IMPACT
The discussion/decision of the Open Streets event limits does not have a direct fiscal impact. In 2020, the City Council had already provided $5,000 to co-sponsor the event and committed to provide Sheriff Department staff for assistance up to $5,000. In addition, City staff will be assisting with the event.

RECOMMENDATION
That the City Council discuss the proposed event limits and provide approval and confirmation of event limits and direct staff to process the application/event details and permit conditions.

ATTACHMENTS
Attachment 1 – Event Application
Attachment 2 – Conceptual Site Plan

Page 36 of 108 ends

JUN 2 3 2022
J%aN

SPECIAL EVENT PERMIT APPLICATION
permit rules are in addition to Buellton Municipal Code Chapter 12.28 Park and Recreational Facilities.

Event Title Buelton Open Streets <^-^fc-<X
NOTE: These permit rules are in addition to Buellton Municipal Code Chapter 12.24 Median Strips in Avenue ofFlags and Chapter 12.28 Park and Recreational Facilities.

Event Sponsor (Group or individual) HEAL Coalition
Event Organizer (This is the person responsible for organizing the event and is authorized tomake all decisions related to the event and the Application process.) Name zohe Felici Phone 805-895-3402 E-mail [email protected] Street Address 21 ° w- Micheltorena Street #PCity santa Barbara State ca ZIP 93101 Fax 805-895-3402.,
alternate contact name/phone
Event Type (you may check more than one)
Q Auto Show
Q Athletic Event
Concert/Performance
D Farmers/Outdo or Market
Festival/Celebration
LI Parade
Other open streets
Event Description and Location (briefly describe the event and where it is to take place) both sides of the street along Avenue of Flags, Buelton »from Damassa Road to 1st Street Event Date/TimeDate(s) of event Sun 10.30.22 10a-3p
Start Time (including set up) Stop Time (including clean up) 5 pm MOD 10.31 .22 (If it is a multi-day event, please include start and stop times for each day) Event Estimated Attendance (per day, if more than one day) 1,500 2

Page 37 of 108 ends

Event CheckUst
Please use the following checklist to provide the City with more detailed information about theproposed event and to refine the event plan. For each item checked, please include the appropriate information; attach additional sheets if necessary.

Event Site Plan (Clearly draw the proposed layout of the event on the map provided. Be sure to show the locations of any street closure requests, portable structures, vendor booths, first aid facilities, barricades, show vehicles or animals, signs/banners, and any other information that will better assist the City in reviewing the activities associated with the event.)
Admission Fees (Are entry or participant fees required? Please describe.) free // no admission, this is a commynitv event
^Parade (See parade route map provided. All parades will require a traffic management plan approved by the Sheriffs Department) did not receive this....no parade anticipated Race (Will the event feature an organized mn, walk, or bicycle race? Please describe.) none
^Portable Restrooms (Portable restrooms may be required if the event will last longer than one hour and if permanent restrooms are not available on site. One chemical toilet forevery 250 people m attendance is recommended with at least 10% of toilets ADA accessible. How many portable toilets will the sponsor provide? Where? Please describe.) sending you quote from marborg for approval
Parkmg (Will your event requu-e off-site parking? Please describe where.) don't think we will need, if we do we will contact for vendor parking only ~yh^ish/Recycling (The sponsor is responsible for providing proper disposal of trash/recycling during the event and the area should be returned to a clean condition at the conclusion of the event. How many trash cans and recycling containers will the sponsor provide? Where? Please describe.)
sending you quote from marborg for approval, tra^h+recyc[e bins will be placed along the route
lified Sound (Will musical entertainment be a part of the event and will amplified sound be used in any way? Please describe.) The allowable decibel level foramplified music is 65 dbl. The City requires onsite monitoring by the Code EnforcementOfficer, yes, we will have live events happening (some bands)

Page 38 of 108 ends

Security (see Conditions of Use #9) no company contacted yet... volunteers ok? (Will the event include commercial vendors? Will there be vendor fees? Please describe.)
businesses on route = free unless they have a paid activity and it is $100 other bsinesses $50 no activity, $100 activity $150 paid activity Non profits $50 no activity and $100 with activity
Food (Will food be served at the event? Will it be prepared on site? Will food be sold?Please describe. All food preparation and sales must comply with County Public Health Department standards. Call Rick Furdado: 346-8480)
we are looking to have food trucks, and also restaurants along the route can participate $isu for rooa vendors to participate
"^M
^
lcohol (Will alcohol be served? Any event where alcohol is present requires a security plan approved by the Sheriffs Department. Will alcohol be sold? The sale of alcoholrequires a Special Daily License from Alcoholic Beverage Control, 543-7183, and a Seller's Permit from the Board of Equalization, 1-800-400-7115) not anticipating doing this. but will confirm
Power (Will the event require electric power? Please describe. City provided power may be available upon request at cost.)
we will be bringing in a generator for all power
^
^
Water (Will the event require water? Please describe. City provided water may be available upon request at cost.)
City Staff Assistance (Will the event require City staff time or assistance? Pleasedescribe. Large events may be required to have staff monitor. City will bill for staff time at $90/hour.)
possible, not sure now
<Other (Please describe any other important aspect of the event not covered above.) want to confirm route is ok / street closures work for everyone

Page 39 of 108 ends

Agreement
In consideration of the issuance of a permit by the City, the Sponsor agrees to accept the following terms and conditions.

Definitions
City- the City ofBuellton
Sponsor - the authorized agent of the group or individual applying for an event permit Event - the special event proposed in this applicationPublic Property - parks, streets, sidewalks, right of ways, or other City owned facilities used by Applicant during an event
A. Conditions of Use

1. A person who is at least eighteen (18) years of age must sign this agreement. If alcohol will be served, a person who is at least twenty-one (21) years of age must sign this agreement.2. Sponsor shall provide the City with a single contact who is to serve as the representative for Sponsor's activities.

3. Sponsor shall be responsible for securing all required permits and licenses.

4. Any Public Property shall be used for the purpose stated in the application and no other use will bepermitted.

5. Sponsor shall not use the City's name to suggest endorsement or sponsorship of the Event withoutprior written approval of the City Manager or his/her designee. Sponsor's publicity of the Event shallclearly and accurately identify the name of the sponsoring organization or individual and shall not use the City's name in any manner except to designate the location of the event.

6. Sponsor shall permit any City employees to visit the Event described in this application to insurecompliance with Event terms and conditions.7. Under no circumstances shall Sponsor sublease or allow any other organization or individual to use the Public Property for the period which the Sponsor has contracted. Sponsor is an independent contractor and not the agent or employee of the City.

8. In the event that Public Property is left damaged, Sponsor shall be charged for any and all janitorial and/or repair fees incurred by City as a result of same and these fees shall be billed to Sponsor.9. The City, at its sole discretion, may require a certain number of security officers for the Event.

Sponsor shall be responsible for procuring and paying for security officers through the City or a privatesecurity agency.

10. Sponsor is solely responsible for supervising all individuals on Public Property during the Event.

The City is not responsible for providing this supervision. However, the City may evict individualsfrom the Event if their conduct is not in the best interest of the public or is deemed to be detrimental in any way.

Page 40 of 108 ends

11. Sponsor, caterers, bands, transportation of rental equipment, and related individuals and activities will not be permitted access to Public Property prior to or after the Event time period. Sponsor shall beresponsible for arranging access during the time requested for entry and exit of the facility.

12. Sponsor shall be responsible for all clean up of Public Property at the end of the Event. Sponsor shall pick up, bag, and remove all trash generated by all activity in any way connected with the Event,leaving Public Property clean and free of all trash and litter.

13. Sponsor shall not store any equipment or materials on Public Property without prior written approval of the City Manager or his/her designee.

14. Sponsor shall not remove, or relocate City property for any reason without prior written approval of the City Manager or his/her designee.

15. Sponsor shall secure the approval of the City before using audio/visual systems, public address systems, and live or recorded amplified music. Sponsor shall not record, televise, or broadcast the Eventor any portion thereof without prior written approval of the City Manager or his/her designee.

16. Sponsor shall comply with all local, state, and federal laws and regulations related to the use of Public Property.

17. Gambling of any kind is not permitted on Public Property.

18. If Sponsor violates any part of this agreement or reports false information to the City, the City may refuse Applicant further Event use of Public Property and Sponsor shall forfeit a portion of or all of the deposit.

19. The City may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community.20. Any person aggrieved by the City's decision with respect to this Agreement may appeal to the CityManager or his/her designee in writing no later than five (5) days after the City's decision has been communicated to the aggrieved party.

21. It any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

B. Indemnification and Insurance

1. Sponsor shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liabilities for injuries to any person or persons or damage to property arising at any time during and/or arising out ofor in any way connected to the Sponsor's use of Public Property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, employees, or agents.2. Sponsor shall procure and maintain general liability insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or personsor damage to property arising at any time during and/or arising out of or in any way connected to the Sponsor's use of Public Property in the amount of one million dollars ($1,000,000) per occurrence.

Such insurance shall name the City, its officers, employees, and agents as additionally insured prior to the event date. Said insurance certificate should cover all dates including set up and tear down dates.

Sponsor shall file certificates of such insurance with the City, which shall be endorsed to provide thirty

Page 41 of 108 ends

(30) days notice to the City of cancellation or any change of coverage or limits. If a copy of the insurance certificate is not on file prior to the event, the City may deny permitting the event.3. Sponsor shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with the Sponsor's use of Public Property to the City Manager or his/her designee, in writing and as soon as practicable.

4. Sponsor waives any right of recovery against the City, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond theircontrol. Sponsor shall not charge results of "acts of God" to the City, its officers, employees, or agents.

5. Sponsor waives any right of recovery against the City, its officer, employees, and agents for mdemnification, contribution, or declaratory relief arising out of or in any way connected with Sponsor's use of Public Property, even if the City, its officers,. employees, or agents seek recoveryagainst Sponsor.IMPORTANT - READ BEFORE SIGNING I am an authorized agent of the organization submitting this Agreement. The mformation provided in this Agreement is true and correct. I have read and understand this Agreement and the Sponsor agrees to all of the aforementioned rules, regulations,and conditions of use.

HEAL Coalition
A. U •
Signature and Title of Responsible Person ( A~LJiA / - <-- <— 7A-L.~\'^j^^L 0 _Date(o_^^-^.^_Print Name <^0 &^c^:-^^J^,. P—P-^ 0 ?^ep^ /ale^)^. K-i^-ell ~ —^—^ Revised 7/16

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Damassas Road
Red Rose
Court
Gino's Pizza
Mariscos
Mother
Hubbard's
Sleep Hollow
Motel
San Marcos
Motel
Houston's
Liquors

PARKING
Farmhouse
Motel
Ave. of Flags
Visit
Buellton
HWY 246
1st street
2nd street
lawn
games
Toño's
Mexican
STAGE ?
Feed
Store /
Parking
?
FOOD
TRUCKS?
Apartments
Pea Soup
Andersen's
Damassas Road
Open
Streets –
Santa Ynez
Valley
Buellton,
Ca.

SUNDAY
10/30/22
11a-5p
key:
orange = street closure
yellow = human arrow
for cars to pass
Ave. of Flags
Country Lane
Bach
Dev. Company
Felici Events
[email protected]
805.895.3402

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DAMASSAS ROAD
Felici Events || [email protected] || 805.895.3402
101
HWY 246

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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: August 25, 2022
Subject: Introduction of Draft City Council Manual
______________________________________________________________________________

BACKGROUND
The City Council has adopted a number of resolutions in the past to address the conduct of City business by the City Council. Resolutions typically made incremental changes and built upon previous ones, leading to a chain of documents that was often difficult to follow.

The latest resolution, Resolution No. 14-04, repealed previous guideline resolutions and restated the guidelines in full.

In an effort to update the guidelines, as well as to expand the document to include more than the conduct of meetings, and some basic travel guidance, staff has prepared a draft City Council Manual. It is hoped this document will serve as a uniform and comprehensive resource to address many of the issues that the City Council will face, both as a body and individually. The attached draft Manual addresses Council Organization, Meeting protocols, Council relationship with the City Attorney and City Manager, Ethics, Brown Act compliance, interactions with the media, and other important information. It is based upon the adopted guidelines found in Resolution No. 14-04, but is supplemented by information from a number of other jurisdictions.

Staff presents the draft Council Manual at this time so that the City Council can have an opportunity to review and comment on the document, conveying proposed changes, additions, or deletions to the City Manager so that a more formal draft document can be presented for City Council consideration.

There is a highlighted section Chapter 14 that includes language on the attendance by Councilmembers at outside events and conferences. While this language was taken from an earlier resolution, the City Council may wish to revisit this language to ensure that it still meets the needs of the City.

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Draft City Council Manual Page 2 August 25, 2022
It should be noted that given the “early draft” state of this document, that the list and order of appendices is not complete. Therefore, the appendices have not been included at this time. However, these appendices are expected to include resource material (often from sources outside the City) that will prove to be helpful to the City Council in conducting their work for the benefit of the City’s residents and businesses.

FISCAL IMPACT
There is no fiscal impact anticipated as a result of this item.

RECOMMENDATION
Staff recommends that the City Council receive the report, make any comments you may have on the draft document, review the document further in coming weeks, and individually send comments and proposed changes to the City Manager for inclusion in the draft to be returned for consideration at a later date.

ATTACHMENTS
Attachment 1 - Draft City Council Manual

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City Council
Manual
____________, 2022
As adopted by Resolution 22-__
City of Buellton
107 W. Highway 246 • P.O. Box 1819 • Buellton, CA 93427 • t: 805.688.5177 • f:805.686.0086 • www.cityofbuellton.com

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Chapter 1
Purpose of Manual
Sections:

1.1 Introduction

1.2 Intent

1.3 Amending and Updating Manual

1.4 City Documents

1.5 Orientation of New City Councilmembers

1.1 Introduction
As provided by California Government Code Section 36813, the City Council hereafter referred to as “Council” of the City of Buellton may establish a set of procedures, practices and policies by which the Council, the City Manager and staff conduct City business and activities. With that in mind, the Council hereby establishes this Manual for the benefit of the current and future Councils, staff and the general public.

1.2 Intent

The Council’s procedures, policies, and norms are contained in this Manual for easy reference by the Council and the public. They have been established so that expectations and practices can be clearly articulated to guide Councilmembers in their actions and to promote continued collegiality and teamwork in the conduct of City business. Additionally, this Manual is intended to serve as a resource document for the public, Council candidates, and newly elected Councilmembers by laying a foundation for an understanding of the roles, responsibilities and operations of the Council. Lastly, all City staff are obligated to follow the procedures, practices and policies contained in this Manual.

In the event of any conflict between these procedures, practices and policies and any statutes, ordinances, resolutions, or contracts, the statutes, ordinances, resolutions, or contracts shall prevail.

1.3 Amending and Updating Manual
The Council may determine its own policies, procedures and practices and amend them from time to time and/or adopt new ones as it deems appropriate. This Manual may be amended by a majority vote of the Council. Requests to amend this Manual should be directed to the Council in writing or at a meeting of the Council. Should the Council desire to consider amending the Manual, City staff will be directed to place the matter for discussion on a future Council meeting agenda.

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1.4 City Documents
This Manual provides a brief overview of important aspects of City business and Council activities. It is not intended, nor can it reasonably be expected, to incorporate or detail all material and information necessary for the undertaking of the Council’s roles and responsibilities. Many laws, policies, documents and plans exist which bind the Council to certain courses of action and practices. However, a summary of several of the most notable documents that guide Council direction is noted below.

1.4.1 Municipal Code
The Municipal Code contains local laws and regulations adopted by ordinance. Title 2 of the Municipal Code contains chapters addressing various City officials, Council meetings, duties of Councilmembers, City Council compensation, roles and responsibilities of the City Manager, and other administrative matters. . Additionally, the Municipal Code contains laws addressing a variety of topics including revenue and finance, health and safety, public peace, licensing of certain businesses, streets, sewers, water system, stormwater system, building regulations, zoning requirements, and subdivision regulations. The Municipal Code in its entirety is available on the City’s website (www.CityOfBuellton.com). The direct URL for the Code is http://qcode.us/codes/buellton/

1.4.2 City Budget
The biennial budget which covers a two year period beginning on July 1 of the first year to June 30 of the second year is the primary document and “road map” in which goals and objectives are accomplished through the funding of City programs, projects, and activities. By adopting the City’s budget, the Council essentially makes policy decisions, sets priorities, allocates resources and provides for government operations and services, and provides direction and spending authority to the City staff. The document also describes the staffing, contract operations and other resources used to provide services organized on a departmental basis.

The biennial budget format is helpful in promoting a more in-depth review of the City’s finances thereby providing a valuable fiscal planning tool in considering future program funding options and budgeting alternatives.

Budget adjustments are done on a quarterly basis, and a full budget review and evaluation is conducted at about the one-year mark within each budget cycle.

1.4.4 City Investment Policy
The City Investment Policy recites the guidelines and standards for the

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responsible management of the City’s funds that are available for investment. The document sets forth the City’s primary investment objectives which, in priority order, include: (1) safety and preservation of capital; (2) liquidity; and (3) return on investment. The Investment Policy also defines the overall structure of the City’s investment program which is derived from Government Code Section 53600 et. seq. This annuallyreviewed document is available from the City Manager or Finance Department upon request.

1.4.5 Annual Comprehensive Financial Report
The City’s annual audit includes the financial statements of the City on a fiscal year basis. It includes the financial condition of the City as reflected in the balance sheet, the results of operations as contained in income statements, and an analysis of the uses of City funds. The audit also includes statements for the various groups of funds and a consolidated group of statements for the City as a whole. The Council has the responsibility of selecting an independent auditor and reviewing and accepting the audit each year.

1.4.6 General Plan
The state-mandated General Plan is a policy document designed to give long-range guidance concerning the character and future land uses of the City. Often called the “constitution for development,” it represents the City’s official statement regarding its physical development as well as its economic, social and environmental goals to be met through physical development. It also acts to clarify and articulate the City’s intentions with respect to the rights and expectations of the general public, property owners and prospective investors and business interests. This document contains a number of elements (i.e., chapters) addressing topics such as land use, circulation, housing, conservation, open space, noise, and safety. The General Plan is available on the City’s Planning Department web page. The Housing Element is a portion of the General Plan that is required by state law to be updated on an 8 year cycle. It can also be found on the Planning Department website.

1.3.7 Emergency Management Plan
As required by state law, the City maintains a comprehensive multi-hazard disaster response plan that details actions to be taken in times of extreme emergency. The primary organization of the plan revolves around the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) which dictate an “incident command” structure featuring the following sections: management; operations; planning/intelligence; logistics; and finance/administration.

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As established through the Municipal Code, the City Manager is designated as the Director of Disaster Services and has the authority and responsibility to direct the City’s responses during times of emergency. When required, the Director may request the Council to proclaim the existence or threatened existence of a local emergency if the Council is in session, or may issue such proclamation if the Council is not in session. Per the Municipal Code, whenever a local emergency is proclaimed by the Director, such proclamation has no force or effect after seven days unless it has been ratified by the Council within that period.

The Emergency Management Plan can be found on the City’s website.

1.5 Orientation of New Councilmembers
It is important that, upon election to the Council, new Councilmembers gain an understanding of their roles, responsibilities and duties as well the full range of services, programs and projects provided by the City.

As new members join the Council, the City Manager will host a comprehensive orientation program designed to do the following:
distribute various materials and documents including those cited in Section

1.4 of this Manual; facilitate meetings with City staff, contract personnel, representatives from agencies serving the City, etc.; establish a meeting with the City Attorney for conflict of interest training, review of current legal matters, pending litigation, parliamentary procedures, and other legal matters; arrange a meeting with the City Clerk/Human Resources Director prior to the first pay period to address information dealing with the Council pay, benefits, and other employment matters, as well as to review and discuss housekeeping matters, travel procedures, periodic filing of required documents, etc.

The City Manager will also provide information regarding opportunities for attendance at conferences designed to educate newly elected officials on roles and responsibilities, and requirements and laws governing Council actions.

The orientation program for new Councilmembers will commence in November immediately following the General Municipal Election and will be completed no later than the following month of December. In the event that a new Councilmember is appointed by the City Council between General Municipal Elections, the orientation will take place within 45 days of appointment of the new Councilmember by the Council.

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Chapter 2
Type/Form of Government
Sections:

2.1 Powers and Authority

2.2 General Law City

2.3 City Organization

2.1 Powers and Authority
The powers and authority of a city council to establish policy are quite broad and far reaching. Basically, city councils may undertake any actions related to city affairs other than those preempted or forbidden by state or federal law. Having said that, state and federal law do preempt many areas that city councils would otherwise be interested in regulating.

It is significant to point out that the City Council acts as a body and no individual Councilmember has any extraordinary power beyond those of other Councilmembers. While the Mayor and Vice Mayor have several additional ceremonial and administrative responsibilities during their tenure in those positions, all five Councilmembers are equal when it comes to exercising the power of the City. It is also important to note that policy is established only by at least a majority vote of the Council. During the deliberations over topics, Councilmembers may occasionally disagree with the decisions of the majority; nonetheless, except in rare situations when a “supermajority” vote is required, the decision of the majority does bind the Council as a whole to a particular course of action.

Additionally, it should be recognized that actions of staff to pursue or implement policy direction established by a majority of the Council do not reflect any staff preference for that policy or bias against positions held by a minority opinion.

2.2 General Law City
California classifies cities as either general law or charter cities. General law cities derive their authority from the “police power” granted by the state constitution and from the general laws enacted by the Legislature. By contrast, with respect to “municipal affairs,” a charter city is exempt from state control and is subject only to the restrictions contained in the charter and to constitutional limitations.

In terms of organization, charter cities may be organized in any manner determined by the charter. General-law cities, because they usually are governed by part-time councilmembers, typically are administered by a professional administrator, called the city manager or city administrator. Government Code Section 34851 authorizes cities to establish a “city manager form of government.”

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The City of Buellton is a general law city and operates under what is typically called the council/manager plan with an appointed city manager.

2.3 City Organization

2.3.1 Overview
Since its inception in 1992, Buellton has operated under the “contract city” model in which many of its services and programs are provided by outside contracts with both governmental entities and private vendors. This model dictates that the City’s in-house staff remain small with only a hand-full of permanent full-time positions supplemented by consultants, contract staff, and part-time staff. Several of the advantages of this approach include the flexibility to expand and contract services quickly and effectively depending on needs and budgetary constraints, a lower administrative overhead and lower long-term financial liabilities, the ability to focus expertise from outside resources in a managed and efficient manner, and the cross-training of in-house staff allowing for efficient delivery of services.

2.3.2 Departments
The City provides its municipal services through major departments, which include City Manager; City Attorney; City Clerk; Human Resources; Planning; Finance; Engineering/Public Works; and Recreation (see Organizational Chart on next page). Public Safety and Library also hold Department level positions in the budget, although these services are provided through contracts with the County of Santa Barbara and the City of Goleta, respectively.

2.3.3 City Staffing
The City’s staffing contingent currently consists of twenty Council-authorized fulltime positions: City Manager; City Clerk/HR Director; Planning Director; Finance Director; Public Works Director/City Engineer; Chief Plant Officer (Wastewater), Recreation Supervisor; Assistant Planner; Planning Technician/Staff Assistant; Revenue Specialist; Accounting Specialist; Accounting Technician/Code Enforcement Officer; Lead Water Field Worker, Journeyman Field Worker (3 positions); Parks Foreman; Facilities Maintenance Worker; Recreation Center Coordinator; and Youth Recreation Coordinator. Additionally, there are a number of part-time and seasonal positions in the City service, primarily in the Recreation Department.

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Chapter 3
Council Duties and Responsibilities
Sections:

3.1 General Description of Council Duties and Responsibilities

3.2 Council Goals

3.3 City Representation

3.4 Positions on Regional, State and Federal Issues

3.5 Handling of Litigation and Other Confidential Information

3.1 General Description of Council Duties and Responsibilities The Council is the legislative body that creates and enacts policies, programs and projects under which the City operates. The Council is required to act on all legislative matters of the City by considering, approving and adopting all ordinances, resolutions, and programs requiring policy decisions. Ultimately, this dictates that the Council use wise leadership through policy development in establishing the direction of the City. The Council also sets priorities for the City and determines the types and levels of programs and services provided to the community.

In a very real sense, the Council plays the primary role in defining the forces of change that shape the community. Again, this direction is set through policies expressed in the City’s adopted plans such as the General Plan, Zoning Ordinance, etc., and through approval of the City budget, capital improvement program and its annual goals and priorities which help establish the framework for staff’s work program during the fiscal year.

In summary, it is the overall responsibility of the Council to gather information, keep a long-range perspective on issues of importance to the community, hold itself to the highest standards of ethical and professional conduct in the performance of its duties, be free of favoritism, listen carefully to the public, and conduct a reasonable and reasoned period of discussion prior to entering into the decision-making process. Aspiring to meet these responsibilities for the benefit of the public, the following list represents a summary of general City Council practices:

1. The Council encourages citizen participation in the development of City policies, programs, and projects;

2. The Council desires the public to be fully informed about decisions that impact the community, and strongly encourages public participation and input as policies are established;

3. The Council grants the City Manager sufficient authority and autonomy to implement Council policy direction, and, in turn, the City Manager (through City staff) implements Council policy, and keeps each Councilmember fully and equally informed as to all matters of importance to the City including agenda items, needs of the City, citizen concerns, financial matters, staffing needs, and urgency items;

4. The Council looks to the City Manager, staff, and advisory

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committees/boards for advice on City policies and legislative actions;

5. The Council complies with all laws relating to open meetings, public records, and conflicts of interest;

6. The Council participates in regional and state programs and meetings which serve the best interests of the City;

7. The Council makes adequate provision when budgeting resources to allow for the training and continuing education of the Council, staff and volunteers; and

8. Councilmembers inform either the City Clerk or the City Manager as far in advance as possible of when they will be out of town or otherwise unavailable to conduct City business.

3.2 Council Goals and Priorities
Councilmembers are local leaders. The electorate of the community expects its Council to set the tone and direction for municipal operations. With that in mind, strategic planning and goal setting are the tools that allow the Council to shape the vision of the community and determine the courses of action needed to reach that vision. Goal and priority setting provides certain benefits including: giving the Council a framework for defining what it wants to achieve over a given period of time; helping the Council allocate time and resources efficiently when goals are clearly defined; allowing individual Councilmembers an opportunity to share their priorities and views, fostering a collaborative and cooperative process when the Council approves a list of goals to which everyone is committed to achieve; and giving the City Manager clear guidelines through approved Council goals and priorities to get the job done.

Each year, as part of the budget review process, the Council considers its broad goals for the coming fiscal year. In recent years, these goals have been based in the concepts espoused in the City’s Vision Plan. By basing broad goals on the Vision Plan, implementation of the adopted Vision remains at the forefront of City policy and practice.

Additionally, each year, the City Manager requests from the City Council a list of more specific priorities which serve to “fine tune” staff work to address specific issues that may require attention outside of the typical program schedules. These priorities are set by consensus of the Council, after discussion as a Business Item at a noticed public meeting of the City Council. This process ideally sees the City Manager prepare a report reflecting each Councilmember’s suggested goals along with pertinent background information. While the priorities discussion is a formal opportunity for the City Council to convey its desires to City staff, the Council may at any time add to or change the priorities by directing the City Manager to place an item on the agenda to discuss a particular matter.

3.3 City Representation
At all times, Councilmembers are viewed as representatives of the City. The conduct of Councilmembers is a direct reflection on the City, and Councilmembers should always conduct themselves accordingly. Except when specifically

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authorized by Council action or for purely ceremonial purposes, no Councilmember should make any statement on behalf the entire Council or indicate in any way that he/she is representing the City. In communications regarding City business, it is important to distinguish a Councilmember’s personal views and opinions and the adopted City position, if one exists.

3.4 Positions on Regional, State and Federal Issues
The Council has occasionally discussed and debated as to whether it should take positions of a broader perspective on issues of a regional, state or federal nature or limit itself to purely municipal positions and actions related to, or connected with, the City. It is the practice of the Council that it will only take positions on matters directly impacting the City.

3.5 Handling of Litigation and Other Confidential Information When the City is involved in litigation and/or when closed sessions are conducted with the Council on subjects permitted by law, Councilmembers keep all written materials and verbal information provided to them on such matters confidential.

No disclosure or mention of information on these matters and discussions should be made to anyone other than to the City Attorney or City Manager. State law prohibits unauthorized disclosure of confidential information obtained during a closed session, and violations can be addressed through injunctions and referral to the grand jury.

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Chapter 4
Mayor and Vice Mayor Roles
Sections:

4.1 Office of Mayor

4.2 Mayoral Duties and Roles

4.3 Selection of Vice Mayor

4.4 Vice Mayor Duties and Roles

4.1 Office of Mayor
The Mayor of the City of Buellton is a separately elected member of the City Council, elected at large (rather than by district) for a term of two years. This shortened term and at-large constituency reflect an expectation of consideration and decision-making based upon benefit to the City as a whole, rather than to a particular segment of the population. Despite the distinction of office and election, the Mayor is one of the members of the City Council and has no rights or authority different from that of any other Councilmember.

4.2 Mayoral Duties and Roles
The following summarizes the Mayor’s general duties and roles.

1. The Mayor represents the City and presides over all Council meetings.

2. The Mayor, as well as each Councilmember, recognizes and understands the unique role of representing the City, and takes both pride and care in ensuring that this representation always takes precedence over representing oneself or one’s own personal views.

3. The Mayor is recognized as the official head of the City for all ceremonial purposes.

4. In conjunction with the City Manager, the Mayor reviews the agenda for each Council meeting in preparation of presiding over the meeting.

5. It is the Mayor’s prerogative to submit recommendations regarding annual Council committee assignments from preferences provided by Councilmembers, and the Mayor will strive to accommodate such preferences whenever possible. The Mayor is also appointed as a member of specific Council committees and serves in the same capacity as all other Councilmembers. All committee assignments are ratified by the full Council.

6. At a public meeting, the Mayor has the discretion, subject to Council approval, to move agenda items and/or to take agenda items out of order

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to accommodate the needs of the public or the Council.

7. The Mayor serves in the capacity of a facilitator during public meetings, and ensures that all views are heard and that the flow of the meeting progresses in an orderly and timely fashion. The Mayor takes care in providing an equal opportunity for each Councilmember to be heard.

8. The Mayor manages and coordinates the procedure for calling on members of the public wishing to address the Council at meetings by: (a) ensuring that individual speakers come forward to the podium rather than speaking from the audience; and (b) requiring speakers to address their comments directly to the Council as opposed to the audience.

9. The Mayor is expected to be an advocate for his/her views, just as other Councilmembers are, but strives to not take advantage of the mayoral status on the dais to coerce or to advocate in excess of what is typically allowed to other Councilmembers.

10. The Mayor signs all official correspondence of the City, counter-signs all warrants and other financial documents as authorized by ordinance or resolution of the Council, and executes all legal instruments in which the City is a party upon their approval by the Council unless execution authority has been delegated by the Council to the City Manager or another City official.

4.3 Selection of Vice Mayor

4.3.1 Intent
It is the intent of the Council that each Councilmember should have a fair and equal opportunity to serve as Vice Mayor. With that in mind, the following describes the guidelines for the selection of Vice Mayor.

4.3.2 Election by Council Vote
All four Councilmembers are elected by district to four year staggered terms. The Vice Mayor is selected by the Council at the Council’s annual reorganization meeting each year for a one year term, and serves at the pleasure of the Council.

The Vice Mayor can be changed at any time through a majority vote of the Council.

The Vice Mayor remains as one of the members of the Council and has no rights or authority different from that of any other Councilmember.

4.3 Vice Mayor Duties and Roles
The following summarizes the Vice Mayor’s general duties and responsibilities.

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1. The Vice Mayor performs all the duties of the Mayor during his/her absence, disability or when so designated by the Mayor.

2. The Vice Mayor is authorized to countersign all warrants upon their approval by the Council and any other legal documents as set forth by ordinance or resolution by the Council.

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Chapter 5
Council/Manager Plan
Sections:

5.1 Introduction

5.2 Council’s Functions

5.3 City Manager’s Functions

5.4 Council/Manager Relationship

5.5 Distribution of Information

5.6 Council Non-Participation in Administration

5.1 Introduction
The Municipal Code (Chapter 2.08) establishes the administration of the City through the creation of the office of the City Manager and the detailing of general duties and responsibilities of this appointed position. This administrative framework combined with the elected Council dictates that the City operates under the council/manager form of government typical of many jurisdictions in California.

This framework or plan reflects a representative government system in which the entire Council determines the policies and services of the community while the City Manager implements such policies and the delivery of services via the administration of the City.

In theory, the distinction between policy and administration is clear: policy is both the process and product of what is to be done, while administration involves the carrying out of that policy. In other words, a policy is what the Council defines it to be, while the day-to-day operation of the City is defined as administration.

Notwithstanding this distinction, one of the major responsibilities of the City Manager is to identify policy options, analyze needs, address available resources, and recommend courses of actions. In the end, however, it is the Council which sets policies, programs and projects.

5.2 Council’s Functions
The Council is the legislative body and its members are the community’s decision makers. Authority is centralized in the elected Council collectively and not in individual Councilmembers. For example, the Council approves the City budget and determines the public services to be provided to the community. It focuses on the community’s goals, major projects and such long term considerations as community financing, strategic planning, land use planning, etc., as opposed to administrative details. Rather than focus on the day-to-day operations of the City, the Council hires and relies on a professional City Manager to carry out the administrative responsibilities and duties, and it evaluates the City Manager’s performance. As such, the City Manager follows the direction of the entire Council and not individual Councilmembers, and the position serves at the sole discretion of the Council.

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5.3 City Manager’s Functions
The City Manager is hired to serve the Council and the community, and to bring to bear the benefits of education, training and experience in administering the City’s projects, programs, and public services on behalf of the Council. Among a range of duties and responsibilities, the City Manager prepares a recommended annual City budget for the Council’s consideration; recruits, hires and supervises the City’s personnel, contract staff and consultants; negotiates City contracts and oversees them in an effective manner; serves as the Council’s chief advisor, and provides policy options and recommendations on all matters pertaining to the City; and implements the Council’s policies, programs, and public services in an efficient and effective manner. The City Manager also provides professional advice on intergovernmental affairs and economic development.

5.4 Council/Manager Relationship
The employment relationship between the Council and the City Manager reflects the fact that the City Manager serves as the chief executive officer of the City.

This relationship is formally codified through an employment agreement between the Council and the City Manager.

There are a number of key factors involved in a successful and productive council/manager relationship including regular communication, effective interpersonal relations, and mutual trust. All dealings with the City Manager, whether in public or private, should be consistent with the authority of the City Manager in administrative and personnel matters. Councilmembers should avoid situations that could result in City staff being directed, intentionally or unintentionally, by one or more Councilmembers.

As reflected in the employment agreement, the Council has the responsibility of evaluating the City Manager to ensure that both the Council and the City Manager are in agreement regarding organizational performance and the meeting of annual goals and priorities set by the Council. While there are any number of performancerelated criteria, several of the more critical areas of evaluation of the City Manager include: leadership; teamwork; job knowledge; attitude; accountability; empowerment of staff; communications; problem-solving skills; responsiveness; quality of services; and implementation and administration of adopted Council policy.

As in any professional relationship, it is vitally important that the City Manager keep the Council fully informed. With this in mind, the City Manager communicates with the Council in various ways. In addition to both formal written and oral reports at Council meetings, the City Manager uses a host of other means to keep the Council briefed on City matters including formal and informal briefings with individual Councilmembers; written memoranda and reports; telephone calls, and e-mail and other digital communications. Communications must be undertaken in such a way as to ensure that all Councilmembers are treated similarly and kept equally informed. As communication is a two-way process, it is also important that

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the Council provide on-going feedback, information and perceptions to the City Manager on a regular basis.

5.5 Distribution of Information

5.5.1 Overview
It is essential that every Councilmember have the same information from which to form and to base decisions and actions. Any information distributed to one Councilmember is typically distributed to all Councilmembers. Documents and materials of a voluminous nature may be referenced and made available upon request.

5.5.2 Access to information
It is the intent of the City Manager to ensure that all Councilmembers have free, easy and unencumbered access to City information to ensure that such information is communicated completely, with candor and without bias. Individual Councilmembers as well as the Council as a whole receive the full cooperation of staff in being provided with any requested information. City staff will make every effort to respond in a timely and professional manner to all requests made by individual Councilmembers for information and assistance. The exception to this practice is when a request for information is of such magnitude either in terms of workload, time commitment (i.e., over several hours in duration), or policy, that it would be more appropriately handled and assigned to staff through the direction of the full Council.

To ensure proper responsiveness, Councilmembers are asked to copy the City Manager on all correspondence and e-mails to staff. Additionally, staff is directed to report to the City Manager any communications with a Councilmember, other than social communications. These practices keep the City Manager informed as to the Council’s needs, interests and priorities which, in turn, help the City Manager undertake his duties and responsibilities.

In cases where a staff response to an individual Councilmember’s request involves written material that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

5.5.3 Dissemination of Information
In addition to regular, comprehensive memoranda written by the City Manager directly to the Council concerning all aspects of City operations, all Councilmembers receive copies of all correspondence received, or sent, by the City Manager and other staff that will assist them in their policy-making role.

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5.6 Council Non-Participation in Administration
In order to uphold the integrity and proper functioning of the council/manager form of government, Councilmembers refrain from becoming directly involved in the administrative affairs of the City, unless directed by a majority of the Council to participate in a specific policy or project.

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Chapter 6
Council/City Attorney Relationship
Sections:

6.1 Introduction

6.2 City Attorney’s Client

6.3 City Attorney’s Functions

6.4 Distribution of Legal Opinions

6.1 Introduction
Serving as the legal advisor to the City, the City Attorney is relied upon heavily by both the City Council and the City staff to ensure that decisions, actions, and programs of the City comply with relevant legal requirements. Given the litigious nature of California, establishing and maintaining a good working relationship with the City Attorney as a Council member is critical to the effective functioning of the City.

The City has hired the firm of Burke, Williams, & Sorensen (Burke) to provide City Attorney services. The Buellton City Attorney is Greg Murphy. Burke has a wealth of experience in Municipal Law and the variety of sub-specialties that are frequently encountered by cities in the course of operation, in the form of over 120 attorneys that Mr. Murphy can call on to work for the City or to simply give advice on a matter recurring throughout the state. This ensures a much wider scope of expertise than can be typically found in an in-house City Attorney’s Office.

6.2 City Attorney’s Client
The California State Bar’s Rules of Professional Conduct mandate that, when an attorney represents an organization, the attorney’s client is the organization itself acting through its highest authorized officer, employee, body or constituent. In accordance with this rule, the City Attorney’s client is the City and not individual Councilmembers, City employees, or City residents. The City Attorney is appointed by, and serves at the pleasure of, the Council.

6.3 City Attorney’s Functions
The City Attorney advises City officials in legal matters pertaining to City business, and performs other City-related legal services required from time to time by the Council.

6.4 Distribution of Legal Opinions
City Attorney legal opinions generally are prepared upon request of the Council and are distributed to all Councilmembers and to the City Manager. However, from time to time, an individual Councilmember will request the City Attorney to prepare a conflict of interest analysis related to an item of City business. Typically such a legal opinion is distributed only to the Councilmember who requested the

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analysis and to the City Manager, but a copy will be provided to other Councilmembers on request. Confidential City Attorney legal opinions are protected by the attorney-client privilege and only the Council may waive that privilege.

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Chapter 7
Council Meeting Guidelines and Procedures
Sections:

7.1 Meeting Schedule

7.2 Notice of Meetings and Posting of Agendas

7.3 Quorum

7.4 Council Meeting Agenda

7.5 Presiding Officer

7.6 Council Meeting Procedures

7.7 Council Meeting Decorum and Protocol

7.8 Council Meeting Coverage

7.1 Meeting Schedule

7.1.1 Meetings of Council
The Council provides by enactment of a Resolution the time and place of holding meetings. Public interest and convenience are several primary considerations when decisions are made as to the time, location and frequency.

7.1.2 Regular Meetings
Regular Council meetings are held on the second and fourth Thursdays of each month at the hour of 6:00 p.m., or, if any such day is on a holiday, no meeting shall be held on such holiday, but a special meeting in lieu of said regular meeting may be called at the discretion of the City Council. Regular meetings are held in the Council Chambers at 140 West Highway 246 in the City.

7.1.3 Adjourned Meetings
Unless determined to the contrary by a super majority vote of all Council Members in attendance, the City Council shall conduct meetings so as to adjourn at 10:00 p.m. with the remaining agenda items being considered at (i) a reconvened meeting, or (ii) the next regularly scheduled meeting, or (iii) a duly noticed special meeting.

7.1.4 Workshops
Members of the Council may meet in a workshop to study and obtain information concerning specific topics or issues. Such sessions may be called by the Mayor or by majority of the Councilmembers and shall be subject to the notice requirements of special meetings.

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7.1.5 Special Meetings
Special Meetings may be called by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. Emergency Meetings may be called in emergency situations as provided in Section 54956.5 of the Government Code.

7.2 Notice of Meetings and Posting of Agendas
Notice of regular meetings is not required. Mailed or personally delivered notice is required of special meetings. Mailed and posted notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other adjourned meetings. (Section 54955 Government Code).

The City Clerk or designee is charged with the responsibility of posting a meeting agenda on the City website and in the following locations at least 72 hours before each regular meeting, or at least 24 hours before each special meeting, of the Council: City Hall (107 W. Highway 246).and Buellton Library (140 W. Highway 246) Following the posting of an agenda, the City Clerk or designee, is required to sign a declaration of the date and place of the positing of the agenda and retain this declaration of posting as a public record as part of the Council meeting record to which the posting relates.

7.3 Quorum
A majority of the Council constitutes a quorum to undertake business and under most circumstances, motions on items may be passed 2-1 or 2-0-1 if only three Councilmembers are in attendance. However, the following matters require three affirmative votes: (1) adoption of ordinances; (2) orders for payment of money (i.e., approval of warrant register); and (3) adoption of resolutions.

If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum.

7.4 Meetings to be Public
Workshops and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of the following subjects:

7.4.1 Personnel Matters

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To consider appointment, employment, or dismissal of a public employee unless such employee requests a public hearing. The Council may exclude from any such closed session during the examination of a witness any or all other witnesses in the matter being investigated.

7.4.2 Attorney-Client Matters
To consider possible or pending litigation in which the City is, or could be, a party.

7.4.3 Real Property Negotiations
To consider and establish price and terms of property acquisition or sale or lease of City-owned property with the City’s Real Property Negotiator.

7.4.4 Other
As otherwise permitted by law.

7.5 Council Meeting Agenda
The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council goals, budget, work programs, projects and activities and overall business of the City as established by the Council.

It is the City Manager’s responsibility to coordinate the preparation of the agenda, establish items to be placed on the agenda, prepare or direct others to prepare staff reports for the agenda, and to review all items that appear on the Council agenda.

Barring unforeseen circumstances, the Council agenda is ordinarily delivered to Councilmembers on the Friday afternoon preceding the Thursday meeting to which it pertains. The Council agenda is also available to the general public at the time it is delivered to the Council.

7.5.1 Placing an Item on the Agenda (Councilmembers)
Any Councilmember may request an item be placed on a future agenda. This is typically done through an oral request made to the Council during the Councilmember Comments/Items period at a City Council meeting. Upon consensus of a majority of the Council, the City Manager will place the matter on a future agenda and prepare a staff report for formal review by the Council.

7.5.2 Placing an Item on the Agenda (the public)
During the Public Comments period at a Council meeting, or via communication

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with Councilmembers, a member of the public may request an item be placed on a future agenda. Upon consensus of a majority of Council, the City Manager will place the matter on a future agenda and prepare a staff report for formal review by the Council.

7.5.3 Order of Business
The order of business of each regular meeting is contained in the agenda prepared by the City Manager. The agenda consists of a listing of topics of the subjects which are taken up for consideration in the following order:

Call to Order
Pledge of Allegiance
Roll Call
Reordering of Agenda
Public Comments
Consent Calendar
Presentations
Public Hearings
Council Member Comments/Items
Written Communications
Committee Reports
Business Items
City Manager’s Report
Closed Session Items (when needed)
Adjournment
With respect to Council Member Comments, each Councilmember is expected to limit her/his comments thereunder to a total of three minutes.

Except as specifically noticed for a different time, the first public hearing on the agenda at a regular meeting of the City Council shall commence at 6:00 p.m., or as soon thereafter as the City Council may conveniently hear the matter.

Except with majority consent of the Council, items may not be taken out of the order prescribed above.

No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that the Council may take action on items of business which do not appear on the posted agenda under any of the following conditions or circumstances:

1. Upon a determination by a majority vote of the Council that an emergency situation exists, as defined in Section 54956.5 of the California Government Code;

2. Upon a determination by a two-thirds vote of the members of the Council present at the meeting or, if less than two-thirds of the members are present, a

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unanimous vote of those members present that an immediate need to take action arose subsequent to the agenda having been posted (Government Code Section 54954.2);

3. The item was posted for a prior meeting of the Council occurring not more than five (5) calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken (Government Code Section 54954.2).

7.5.4 Consent Calendar
Items of routine nature, and non-controversial, shall be placed on the Consent Calendar. All items may be approved by one blanket motion upon unanimous consent. Prior to, or following review of, the Consent Calendar by the City Manager, any Council Member may request that any item be withdrawn from the Consent Calendar for separate consideration. However, any Council Member may abstain from voting on any Consent Calendar item without requesting its removal form the Consent Calendar, and the City Clerk shall be instructed to record such abstentions in the minutes. Members of the public may speak on Consent Calendar items during the Public Comment period.

7.5.5 Public Comments
Pursuant to Government Code Section 54954.3, each agenda for a regular meeting shall provide an item entitled “Public Comments.” The purpose of this agenda item is to provide an opportunity for members of the public to directly address the Council on items of interest to the public that are within the subject matter jurisdiction of the Council.

In order to assure that the intent of Government Code Section 54954.3 is met, it is the practice of the City to allow three minutes as the amount of time allocated for each individual speaker. As the presiding officer of the Council, the Mayor has discretion to allow for a limited amount of additional time if so requested by a speaker and if there are no objections by a majority of the Council.

In the event that a member of the public submits a written comment prior to a Council meeting in lieu of making a verbal address, City staff shall circulate the comment to the Council. There is no legal requirement that written comments from the public be read aloud. Thus, in order to discourage the use of written comments as a substitute for a verbal address, and to avoid the possibility of misrepresentation, the recommended practice is that the Mayor simply note for the record who submitted the comment and (if it is clear) what position the comment takes (i.e., for or against an item).

Additionally, should a speaker wish to provide a video or power point presentation during the Public Comments portion of an agenda, the subject of the presentation must be on an item of interest to the public that is within the subject matter

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jurisdiction of the Council. To the extent feasible, speakers wishing to provide such presentations are encouraged to contact City staff by 12:00 noon on Monday in advance of the meeting to make arrangements for use of the City’s equipment.

7.4.6 Public Hearings
Generally, public hearings are conducted in the following order:

Hearing Opened by Mayor
Staff Presentation
Council Questions of Staff
Applicant Presentation
Council Questions of Applicant
Public Statements in Favor/Opposition
Staff Response
Hearing Closed by Mayor
City Council Deliberation
City Council Decision
During public hearings, questions or comments from the public are limited to the subject matter under consideration. Typically, at the beginning of the hearing, the Mayor will note that public testimony, outside of the presentation by an applicant, will be confined to no more than three minutes per individual (or fewer, depending on the number of speakers). Additionally, quasi-judicial hearings are conducted in accordance with the principles of due process, and the City Attorney is available to advise the Council in this regard.

7.5.7 Reconsideration
In general, it is the practice of the Council to discourage the resubmittal of issues previously acted upon. However, in extraordinary situations, a request to reconsider any action taken by the Council may be considered.

7.6 Presiding Officer

7.5.1 Presiding Officer
The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and the Vice Mayor, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or Vice Mayor or until adjournment.

7.5.2 Call to Order
The meeting of the Council shall be called to order by the Mayor or, in his absence, by the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the

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meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer.

7.5.3 Participation of Presiding Officer
The presiding officer may move, second, and debate from the chair and is not deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as presiding officer. However, the presiding officer is primarily responsible for the conduct of the meeting.

7.5.4 Questions to be Stated
The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business.

7.5.5 Signing of Documents
The Mayor is required to sign ordinances adopted by the Council; however, in the absence of the Mayor, the Mayor Pro Tem may sign ordinances. The City Clerk, or Deputy City Clerk, attests to the signature on all ordinances.

7.5.6 Maintenance of Order
The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair.

7.6 Council Meeting Procedures
The Council uses Robert’s Rules of Order to guide discussions and actions at Council meetings, but strict adherence is not required.

7.7 Council Meeting Decorum and Protocol

7.7.1 General Decorum at Council Meetings
In general, the following procedures are observed at Council meetings:

1. Any Councilmember desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate.

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2. A Councilmember desiring to question the staff shall address his/her question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself/herself or designate some member of his/her staff for that purpose.

3. A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Councilmember; or unless the speaker chooses to yield to questions from another Councilmember.

4. Any Councilmember called to order while he/she is speaking shall cease speaking immediately until the question of order is determined.

If ruled to be in order, he/she shall be permitted to proceed. If ruled to be not in order, he/she shall remain silent or shall alter his/her remarks so as to comply with the guidelines of the Council.

5. Councilmembers shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.

6. Any Councilmember may move to require the Presiding Officer to enforce the guidelines and the affirmative vote of a majority of the Council shall require him/her to so act.

7. Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to Members of the Council. The City Manager shall insure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Councilmember or member of the public.

7.7.2 Questions of Staff
A Councilmember should, after recognition by the presiding officer, address questions to the designated staff member. Councilmembers are strongly encouraged to provide questions to staff prior to meetings and also to request briefings by staff on issues of a complex nature.

7.7.3 Council Meeting Protocol
At all Council meetings, both Councilmembers and staff should strive for the following:

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1. work earnestly to preserve appropriate order and decorum during all meetings;

2. discourage side conversations, disruptions, interruptions or delaying efforts;

3. inform the presiding officer when departing from a meeting; and

4. limit the use of personal electronic devices to urgent matters while seated at the dais.

7.7.4 Decorum and Order - Public
Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant at arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant at arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.

7.7.4 Enforcement of Decorum
The head of the City's police agency or his/her designee shall be ex-officio sergeant at arms of the Council. He/she shall carry out all orders and instructions given to him/her by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant at arms or his/her representative to eject any person from the Council Chambers or place him/her under arrest or both.

As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the Agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

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7.7.5 Personal Privilege:

The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned, or impugned.

7.7.6 Conflict of Interest
All Councilmembers are subject to the provisions of California law, including, but not limited to, Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Councilmember shall leave the Council Chambers during debate and voting on the issue.

7.7.7 Limitation of Debate
A Councilmember normally should speak no more than once upon any one subject until every other Member choosing to speak thereon has spoken. No Member shall speak for longer time than five (5) minutes each time he has the floor, without the approval of a majority vote of the Council.

7.7.8 Dissents, Protests, and Comments
Any Member shall have the right to express dissent from or protest to or comment upon any action of the Council and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons...."

7.7.9 Procedures in Absence of Guidelines
In the absence of a guideline herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide.

7.7.10 Ruling of Chair Final unless Overruled
In presiding over Council meetings, the Mayor, Vice Mayor or temporary Presiding Officer shall decide all questions of interpretation of these guidelines, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Councilmembers present and voting, and shall be binding and legally effective (even though clearly erroneous) for purposes of the matter under consideration.

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7.7.11 Actions Not Invalidated
Failure to strictly comply with these Guidelines of Procedure shall not necessarily invalidate any action taken by the City Council.

7.8 ADDRESSING THE COUNCIL

7.8.1 Manner of Addressing the Council
Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized he/she shall state his/her name and city of residence for the record.

All remarks and questions shall be addressed to the Chair and not to any individual Councilmember, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer.

7.8.2 Time Limitation:

Any member of the public desiring to address the Council shall limit his/her address to Three (3) minutes unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2.5. A limit of less than three (3) minutes may be imposed if determined necessary by the Council to ensure that all those wishing to speak can be heard in the time allotted.

7.8.3 Addressing the Council after the Motion is Made

After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council.

7.8.4 Limitations Regarding Public Comments and Reports The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the Agenda shall be subject to the following limitations:

1. At any time, before or after the oral communication is commenced, the Presiding Officer may, if he/she deems it preferable, direct that the communications be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers, pursuant to Section 5.5.

2. No speaker shall be permitted to address the Council on a topic which is currently before or about to be submitted for consideration by a City commission, board or other agency before which the speaker should

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make his presentation, until that latter body has completed its deliberations and taken its final action. In case the speaker should have followed an otherwise available appeal procedure, the Presiding Officer shall not allow oral communication to the Council outside that procedure.

3. The Presiding Officer may limit the number of speakers heard on nonagenda topics at any single meeting. Those whose presentations are postponed shall be given priority at the next meeting (during the "Public Comments" portion of the Agenda).

4. If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups or persons who have designated a spokesperson.

5. No oral communication shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/her. All charges or complaints against employees shall be submitted to the City Manager for appropriate action, and may also be submitted to members of the Council by written communication.

7.8.5 Written Correspondence
The City Manager is authorized to receive and open all mail addressed to the Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring Council action, may be disposed of between Council meetings. A copy of such communication shall be sent to each Councilmember.

Any communication relating to a matter pending, or to be brought before the City Council shall be included in the Agenda packet for the meeting at which such item is to be considered.

Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code, or other Ordinances.

Copies of all other communications sent to the Council will be transmitted to them.

7.8.6 Persons Authorized to Be Within Platform

No person except City officials shall be permitted within the platform area in front of the Council table without the invitation or consent of the Presiding Officer.

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7.9. MOTIONS

7.9.1 Processing of Motions
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it.

7.9.2 Motions Out of Order
The Presiding Officer may at any time, by majority consent of the Council, permit a Member to introduce an Ordinance, Resolution, or motion out of the regular Agenda order.

7.9.3 Division of Question
If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a Member shall, divide the same.

7.9.4 Precedence of Motions
When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order:

1. Adjourn

2. Fix hour of adjournment

3. Table

4. Limit or terminate discussion

5. Amend

6. Postpone

7.9.5 Motion and Adjourn (not debatable)

A motion to adjourn shall be in order at any time except as follows:

1. When repeated without intervening business or discussion.

2. When made as an interruption of a Member while speaking.

3. When discussion has been ended, and vote on motion is pending, and

4. While a vote is being taken.

A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned.

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7.9.6 Motion to Fix Hour of Adjournment
Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.

7.9.7 Motion to Table
A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting.

7.9.8 Motion to Limit or Terminate Discussion
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

7.9.9 Motion to Amend
A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order.

A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended.

7.9.10 Motion to Continue
Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

7.10 VOTING PROCEDURE:

7.10.1 Voting Procedure
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Councilmember present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record.

The order of voting shall be alphabetical with the Councilmember making the motion voting first, the Councilmember seconding the motion voting next; and, unless he/she has made or seconded the motion, the Vice Mayor shall vote next to last, and the Mayor voting last. The City Clerk shall call the names of all Members seated when a roll call vote is ordered or required. Members shall respond "aye," "no" or "abstain" provided that when a vote is collectively taken by voice or roll call is used, any

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Councilmember not audibly and clearly responding "no" or "abstain" or otherwise registering an objection shall have his vote recorded as "aye."

7.10.2 Roll Call Voting:

Every Ordinance, Resolution, and Motion or orders for franchises or payments of money shall require (3) affirmative votes. A roll call vote shall be used for these changes. Any other question before the Council shall not require a roll call vote unless demanded by any member. It shall not be in order for Members to explain their vote during roll call. Any Member may change his/her vote before the next order of business.

7.10.3 Failure to Vote
Every Councilmember should vote unless disqualified for cause. A Councilmember who abstains shall, for purpose of the time under consideration, be considered as if absent.

7.10.4 Reconsideration
Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next meeting. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council.

7.10.5 Tie Votes
Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when less than all Members of the Council are present, the matter shall automatically be continued to the Agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

7.11 RESOLUTIONS

7.11.1 Definitions
As a rule of thumb, it can be said the legislative acts of the City Council (usually a role of public conduct for long-term application) are taken by ordinance, whereas, more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolution." The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three (3) terms are in general use to denote such (non-ordinance) actions: "resolution," "minute order," and "motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective

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memorialization. The most formal is referred to locally as a "resolution." This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research.

A "minute order" as used locally denotes a separate document which is also maintained in a separate set of books, under a system of sequential numbering, and is referenced in the minutes; however, the "minute order" is drafted far more briefly than a "resolution" and is distinguished from a mere minute entry only by the need, in general, to have a separate document to facilitate certain administrative processes to which it pertains.

The "motion" (assuming it was one which passed) is a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.

7.11.2 Resolutions Prepared In Advance
Where a Resolution has been prepared in advance, the procedure shall be: Motion, second, discussion, vote pursuant to methods prescribed in Section 7.10.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any Member may require that the Resolution be read in full.

7.11.3 Resolutions Not Prepared In Advance
Where a Resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or City Attorney to prepare a Resolution for presentation at the next Council meeting.

7.11.4 Urgency Resolutions
In matters of urgency, a Resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the Resolution has been verbally stated, the voting procedure in 7.11.2 above shall be followed.

Urgency Resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when Resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the Resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable.

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7.12. ORDINANCES

7.12.1 Introduction and Adoption of Ordinances
Ordinances shall not be passed within five (5) days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read in full either at the time of introduction of passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five (5) days after alteration.

Corrections of typographical or clerical errors are not alterations within the meaning of this Section.

7.12.2 Effective Date
All ordinances, except as provided in Section 36937 of the Government Code, shall take effect thirty (30) days after adoption, but may be made operative at such later date as may be designated in the ordinance.

7.12.3 Publishing
It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Government Code Section 36933 within fifteen (15) days after adoption.

7.12.4 Urgency Ordinances
All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a four-fifths (4/5ths) majority, it may thereafter be considered and passed in the same manner as regular ordinances.

7.13 Council Meeting Coverage
The City strongly encourages citizen involvement, input and awareness associated with all of its actions and deliberations. With that in mind, the City provides live video streaming of its regular meetings via the City’s website. The video recordings of regular meetings are also available for playback on the City’s website and via YouTube.

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Chapter 8
Open Meetings (Brown Act)
Sections:

8.1 Overview

8.2 Applicability

8.3 Definition of Meetings

8.4 Serial Meetings

8.5 Notice and Agenda Requirements

8.6 Public Participation

8.7 Closed Sessions

8.1 Overview
The Ralph M. Brown Act (“Brown Act”) is the state’s “sunshine law” for local government and is codified in the Government Code beginning in Section 54950 (see Appendices C and D). This statute requires that the business of local government be conducted at open and public meetings, except in certain limited cases. The Brown Act is based upon the notion that people must be informed so they can keep control over their government.

8.2 Applicability
The intent of the Brown Act is to ensure that deliberations and acts of local public agencies are conducted in open and public settings. It applies to “legislative bodies” of cities and other local agencies. The term “legislative body” is defined to include the governing body of a local agency (e.g., the Council) and any commission, committee, board or other body of the local agency, whether permanent or temporary, decision making or advisory, created by formal action of a legislative body.

Standing committees of a legislative body are subject to the requirements of the Brown Act if they have either a “continuing subject matter jurisdiction” or a meeting schedule fixed by formal action of the legislative body. However, the Brown Act does not apply to an advisory committee of a legislative body if the advisory committee is composed solely of members of the body and it does not have a continuing subject matter jurisdiction or a meeting schedule fixed by formal action of a legislative body.

8.3 Definition of Meetings
The Brown Act meaning of the term “meeting” is a very broad definition that encompasses almost every gathering of a majority of legislative body members.

Specifically, Government Code Section 54952.2 defines a meeting as “any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative

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body.” This means that a meeting is any gathering of a majority of Councilmembers to hear or discuss any item of City business or potential City business.

Conversations, whether in person, by telephone or other means, between a legislative body member and any other person do not constitute a meeting.

However, such contacts may constitute a “serial meeting” in violation of the Brown Act if they are part of a series of individual contacts with other legislative body members for the purpose of “developing a collective concurrence.” There are six types of gatherings that are exceptions to the Brown Act’s meeting definition and are not subject to the statute. These exceptions are categorized as follows: (1) the “individual contact” exception where a conversation takes place (whether in person, by telephone or other means) between a legislative body member and any other person; (2) the “seminar or conference” exception which allows attendance by a majority of legislative body members at a seminar, conference or similar educational gathering; (3) the “community meeting” exception which allows a majority of legislative body members to attend open and publicized privately-sponsored neighborhood meetings, town hall forums, chamber of commerce events or other community meetings at which issues of local interest are discussed; (4) the “other legislative body” exception that allows a majority of members of a legislative body to attend open and noticed meetings of other legislative bodies of their local agency, or of another local agency; (5) the “social or ceremonial occasion” exception which allows attendance of a majority of legislative body members at purely social or ceremonial occasions; and (6) the “standing committee” exception which allows members of a legislative body who are not members of a standing committee of that body to attend an open and noticed meeting of the standing committee only as “observers.” When relying upon exceptions (2) - (5), it is impermissible for the legislative body members to discuss among themselves, except as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of their legislative body.

8.4 Serial Meetings
As noted above, a serial meeting is a series of meetings or communications between individuals in which ideas are exchanged among a majority of a legislative body (such as three Councilmembers) through either one or more persons acting as intermediaries or through use of a technological device (i.e., telephone answering machine, e-mail, voice mail, etc.). A serial meeting can occur even through a majority of legislative body members never gather together in a room at the same time, and it typically occurs in one of two ways. The first situation is when a staff member, a legislative body member, or some other person individually contacts a majority of legislative body members and shares ideas among the majority. Alternatively, without the involvement of a third person, councilmember A calls councilmember B, who then calls councilmember C, and so on, until a majority of the legislative body has reached a collective concurrence on a matter.

Councilmembers should take care so that an inadvertent violation of the serial meeting rule does not occur. Both the City Manager and the City Attorney can

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provide further advice and suggestions on how to avoid potential serial meetings when dealing with staff, other fellow Councilmembers, constituents, developers, etc.

8.5 Notice and Agenda Requirements

8.5.1 Time of Notice and Contents of Agenda
The Brown Act requires that legislative bodies publicly post agendas prior to their meetings. The time by which an agenda has to be posted in advance of a meeting, and the content of the agenda, depends on whether the meeting is “regular,“ ”special,” or “emergency.”
Legislative bodies, except advisory committees and standing committees, are required to establish a time and place for holding regular meetings. A “regular” meeting is defined as a meeting that occurs on the legislative body’s established meeting day. Agendas for a regular meeting must be publicly posted 72 hours in advance of the meeting, and must contain a brief general description of each item of business to be transacted or discussed.

In contrast to regular meetings, a “special” meeting is a meeting that is held at a time or place other than the time and place established for a regular meeting.

Special meetings require that the “call and notice” of the meeting and the agenda must be posted at least 24 hours prior to the meeting. Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by any other means (such as facsimile, e-mail or U.S. mail) at least 24 hours before the time of the special meeting. Members of the press and other members of the public can also request written notice of special meetings and, if they have, then that notice must be given at the same time notice is provided to the legislative body.

An “emergency” meeting may be called to address certain exigent situations, such as a disaster or emergency condition, without complying with the 24-hour notice requirement for special meetings.

In summary, the Brown Act requires local agencies to mail the agenda or the full agenda packet to any person making a written request no later than the time the agenda is posted or is delivered to the members of the legislative body, whichever is earlier.

8.5.2 Action on and discussion of Non-Agenda Items
The Brown Act ensures the public’s business is conducted openly by restricting legislative bodies’ ability to deviate from posted agendas. The statute affords legislative bodies limited authority to act on or discuss non-agenda items at regular meetings, but forbids doing so at special meetings.

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As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for a regular meeting. However, this rule does not preclude a legislative body from acting on a non-agenda item if it determines by a majority vote that an emergency situation exists. Additionally, this rule does not preclude a legislative body from acting on a newly discovered urgent item if it determines by a two-thirds vote (unanimous if less than two-thirds of the body are present) that: (I) the item came to the agency’s attention after the agenda posting; and (ii) the item requires immediate action.

Notwithstanding the general rule set forth above, legislative bodies may discuss non-agenda items at a regular meeting under certain exceptions:

1. Legislative body members or staff may briefly respond to statements made or questions posed by persons during public comment periods;

2. Legislative body members or staff may ask a question for clarification, make a brief announcement or make a brief report on their own activities;

3. Legislative body members may provide a reference to staff or other resources for factual information;

4. Legislative body members may request staff to report back to the legislative body at a subsequent meeting concerning any matter; and

5. Legislative body members may take action to direct staff to place a matter of business on a future agenda.

It is important to note that even with the above exceptions, a legislative body may not discuss non-agenda items to any significant degree, and this restriction precludes long or wide-ranging discussions, question and answer sessions, etc.

8.6 Public Participation

8.6.1 Regular Meetings
The Brown Act requires that agendas for regular meetings allow for two types of comment periods. The first is a general audience comment period, which is part of the meeting where the public can comment on any item of interest that is within the subject matter jurisdiction of the City. The second is the specific comment period pertaining to items on the agenda. The Brown Act requires a legislative body to allow members of the public to comment on agenda items either before or during the body’s consideration of that item.

8.6.2 Public Comments at Special meetings
The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to address the legislative body concerning any item listed on the agenda prior to the body’s consideration of that item. Unlike regular

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meetings, however, the legislative body does not have to allow public comment on non-agenda matters at a special meeting.

8.7 Closed Sessions
The Brown Act allows a legislative body to convene a “closed session,” sometimes referred to as an “executive session,” during a meeting in order to meet privately with its advisors on specifically enumerated topics. Examples of subjects that may be discussed in closed session include personnel evaluations, threats to public safety, labor negotiations, pending litigation and real estate negotiations.

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Chapter 9
Ethics
Sections:

9.1 Ethical Practices

9.2 Ethics Training (AB 1234)

9.3 Responsibilities of Public Service

9.4 Political Reform Act and Government Code Section 1090 (Conflicts of Interest)

9.5 Identifying Conflicts

9.6 General Rules/Principles

9.1 Ethical Practices
Elected and appointed officials as well as employees and contract personnel at all levels of the City are guardians of the public trust. City officials, employees and contract personnel are required to be impartial and responsible in the fulfillment of their duties and responsibilities. The citizens of Buellton expect and must receive the highest standard of ethics from all those in public service, regardless of personal consideration or interest. To this end, the City of Buellton has adopted a Code of Ethics (see Appendix E-1) establishing standards of behavior for “all elected and appointed officials, City employees, volunteers, and others who participate in the City’s government.”
As a member of the International City Management Association (ICMA), the City Manager is also subject to that organization’s professional code of ethics (see Appendix E-2). This code binds the City Manager to certain practices that are designed to ensure actions are always in support of the City’s best interests.

Violations of such principles can result in censure by the ICMA.

9.2 Ethics Training (AB 1234)
Effective January 1, 2006, AB1234 (Salinas) enacted Government Code 53235 et seq. to require public officials to complete two hours of training in ethics principles and laws every two years. In addition to Councilmembers, the City requires the training of a number of staff including the City Manager, Planning Director, and Finance Director. The League of California Cities offers AB 1234 training, often in conjunction with the annual conference, and on-line training is offered through the Institute for Local Government and the Fair Political Practices Commission (“FPPC”). Following training sessions, certificates of course completion are kept on file in the City Clerk’s office.

9.3 Responsibilities of Public Service
City officials and employees are obligated to uphold the U.S. Constitution and the California Constitution, and to comply with all federal, state and local laws and City policies. Recognizing the special responsibilities of serving the City and its citizens,

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City officials and staff are required to maintain the highest standards of integrity and honesty, and they are expected to treat all members of the public and each other with respect, courtesy, concern and responsiveness. The conduct of City officials and staff in both their official and private affairs should always be beyond reproach to assure the public’s highest trust and respect in its local government.

9.4 Political Reform Act and Government Code Section 1090 (Conflicts of Interest)
The Political Reform Act of 1974 (“PRA”) is the principal law in California that governs conflicts of interest for public officials. As the state agency charged with administering and enforcing the PRA, the FPPC issues regulations interpreting the statute and provides conflict of interest advice.

In essence, the PRA prohibits public officials from making, participating in the making, or in any way attempting to use their official position to influence a decision in which they know or have reason to know they have a financial interest. The term “public official” is defined as including every member, officer, employee or consultant of the state or local government agency. The FPPC has promulgated a four-step test for determining when disqualification is required. A public official has a conflict of interest and must abstain if a decision will have a reasonably foreseeable material financial effect on certain economic interests (such as business interests and real property interests), unless that effect is indistinguishable from the effect on the public generally. FPPC regulations provide guidance for most of the terms used in the PRA, as well as standards for determining if each element of the PRA’s prohibitions has been satisfied.

The determination of the application of conflict of interest laws in particular circumstances may require a complicated analysis. Accordingly, Councilmembers are encouraged to contact the City Manager who may, in turn, contact the City Attorney to discuss the matter. Should the City Attorney need additional information, the City Attorney will contact the Councilmember directly to discuss the issue. If the determination is that there is a conflict of interest, the Councilmember is required to abstain from any participation in the decision.

Additionally, the Councilmember must disclose the reason for the abstention before discussion on the matter begins and, in most cases, is required to leave the Council Chambers until the matter is voted on by the remaining Councilmembers.

If the Councilmember has a remote interest that does not require disqualification, the Councilmember must disclose the interest at the beginning of discussion on the item. The disclosure of the interest or conflict shall be made a part of the record of the meeting.

Another law that governs conflicts of interest is Government Code Section 1090 which is similar to the PRA, but applies only to City contracts in which a public official or a public employee has a financial interest. A Councilmember having a financial interest in a contract may preclude the City from entering into the contract at all. Also, the penalties for violating this section of the Government Code are severe. If a Councilmember believes that he/she may have any financial interest

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in a contract that will be before the Council, the Councilmember should immediately seek advice from the City Attorney.

In summary, City officials and employees should always avoid the appearance of conflicts of interest in order to ensure that City decisions are made in a completely independent and impartial manner. With that in mind, every elected official, officer, appointee, employee, consultant and contract personnel of the City shall disclosure completely the nature and extent of any interest, either direct or indirect, which conflicts with his/her responsibility or duty.

9.5 Identifying Conflicts
It is the responsibility of each Councilmember to identify, disclose and declare his/her conflict before the matter is heard by the Council. If possible, the conflicted Councilmember should notify the City Manager prior to the Council meeting at which the matter will be heard to ensure the presence of a quorum. Staff will attempt to assist with identifying obvious conflicts, but the ultimate responsibility rests with each Councilmember.

The City Clerk assists only in the filing of conflict of interest forms and does not provide any interpretations of the FPPC regulations. Such assistance can be provided by the City Attorney or by FPPC staff.

9.6 General Rules/Principles
The following general rules and principles apply regarding conflicts of interest.

1. City officials and employees shall not use their official positions to influence government decisions in which they have a financial interest, or where they have an organization responsibility, or personal relationship that would present a conflict of interest under applicable State law. As required by law, Councilmembers declaring a conflict of interest shall recuse themselves and leave the Council Chambers.

2. City officials and employees shall not use the prestige or influence of the City office or employment for private gain or advantage of himself/herself or another, unless so specified by contract or approved by the Council.

3. City officials and employees shall not use City time, City funds, or City facilities, equipment or supplies for personal use, or personal gain, or for campaign-related political activities, nor shall they use or attempt to use their position to secure unwarranted privileges or exemptions for themselves or others.

4. City officials and employees shall not use confidential information acquired by or available to them in the course of their dealings with the City for personal gain or for personal, non-City business related reasons. City officials and employees shall uphold the public’s right to know, and in

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accordance with the Brown Act, uphold the public’s right to know not only the decisions taken, but also the deliberations which shape public policies and programs.

5. City officials and employees shall not accept money or other consideration or favors from anyone other than the City for the performance of an act which they would be required or expected to perform in the regular course of their duties; nor shall City officials and employees violate the PRA’s gift limitations.

6. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for that purpose. When presenting individual opinions and positions, Councilmembers shall explicitly state that they do not represent their body of the Council, nor will they allow the inference that they do.

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Chapter 10
Land Use and Planning
Sections:

10.1 Municipal Planning

10.2 Benefits of Planning

10.3 Legal Side of Planning

10.4 Council’s Planning Roles and Responsibilities

10.5 Planning Components

10.6 Land Use and Planning Terms

10.1 Municipal Planning
Local elected officials have many responsibilities and chief among them is the determination of how the physical configuration of their communities will change, develop and adapt to meet the needs of their residents. In essence, communities take control and guide their physical growth and development through municipal planning. Planning covers a broad spectrum of tasks and activities ranging from overseeing and approving new development on vacant land to overseeing new land uses on existing properties. Planning also results in the establishment of goals and policies for directing and managing future growth and development of a community.

10.2 Benefits of Planning
When exercised in an appropriate manner, planning offers a number of benefits and opportunities. Effective land use planning can ensure that architectural, environmental and aesthetic elements are incorporated into projects to connect residents to their community and establish a sense of place. Property values also can be enhanced when a community provides for a balance of different uses and separates conflicting uses. Proper planning and design can make communities safer places in which to live and work through the application of building codes and other needed regulations. Additionally, well-planned communities offer residents and businesses a range of choices for business development, housing, schools, parks, open space and other services and amenities.

10.3 Legal Side of Planning

10.3.1 State Planning Law
In California, the state delegates most local land use and development decisions to cities and counties. State law requires that all cities and counties adopt “a comprehensive long-term general plan for their physical development and any land outside of their boundaries that bears relation to their planning.” This general plan establishes the groundwork for community decisions affecting the location of housing, businesses, roads, parks and other land uses as well as the protection of

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the public from various environmental hazards. Each municipality carries out its general plan through its zoning, subdivision and other ordinances.

10.3.2 Police Power
Planning and the regulation of land use are based upon local government’s “police power.” The courts have held that the police power may be used to regulate a wide and expanding variety of activities as long as it is exercised in a manner that is reasonably related to the protection of the public’s health, safety and welfare, is not preempted by federal or state law, and is within the framework of state statute.

Municipal planning, zoning laws, subdivision regulations, sign controls and certain types of dedications of land as a condition of development approval represent several examples of the police power. Constitutional guarantees - such as equal protection, free speech, due process, and just compensation for the taking of private property - define the boundaries of the police power. An illegal “taking” may occur as a result of either a public agency’s acquisition of private property without just compensation or of excessively restrictive land use regulations that deprive a property owner of all uses of his/her land.

10.3.3 Findings
Planning decisions made by a municipality must be based on a rational decisionmaking process. Quite often, the planning body of a city must adopt written “findings” explaining the factual reasons for its decision. A finding is a statement of fact relating the information that the planning body has considered to the decision that is made. If a decision is challenged in court, the findings will be used to trace the planning body’s reasoning and to determine whether its action was legally justified.

Findings must be supported by evidence in the hearing (i.e., testimony, reports, environmental documents, etc.) and should not contain unsupported statements.

Complete findings should be included in the planning body’s resolution of approval or denial. By way of illustration, the following planning actions require findings:

1. zone change: finding of consistency with the general plan and any specific plans;

2. subdivision: finding of consistency with the general plan and any specific plans, and finding supporting approval or denial per state and local codes;

3. specific plan adoption or amendments: finding of consistency with the general plan;

4. conditional use permit: locally required findings supporting approval and conditions;

5. variance: specific findings required by state statute; and

6. projects involving an environmental impact report: findings of significant effect and findings of overriding consideration for any unmitigated significant effects.

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10.4 Council’s Planning Roles and Responsibilities
In serving as a decision-making body for planning matters, the Council reviews development applications and makes factual findings on a case-by-case basis to ensure consistency with the provisions of the general plan and other planningrelated policies and ordinances. In this planning role, the Council typically acts in three capacities:
(1) Legislative: adopting broad policies governing development, such as general plans, zoning ordinances, fee schedules, etc.;
(2) Quasi-judicial: applying approved policies and state law to specific projects through permit approvals such as planned development permits, variances, and oak tree permits; and
(3) Enforcement: directing staff to take necessary steps to assure that projects, once approved, comply with the applicable laws and conditions of approval.

10.5 Planning Components
The Council relies on seven essential components of planning in undertaking its land use and planning responsibilities as briefly outlined below:

1. General Plan
The general plan is the foundation for local land use planning, and it creates a vision for the foreseeable planning horizon, usually 10 to 20 years, and translates the vision into objectives, goals, policies and implementation programs for the physical development of the community. All other land use ordinances and policies flow from the general plan. Projects will not be able to proceed unless they are found to be consistent with the general plan.

General plans typically contain a number of mandatory and optional elements. Buellton’s general plan contains nine such elements: land use, circulation, economic development, housing, conservation and open space, noise, safety, parks and recreation, and public facilities and services.

2. Zoning
Zoning is the separation of a community into various districts or “zones” that regulate land uses and the intensity of development. The goal of zoning is to ensure that neighboring land uses are compatible.

A zoning designation is assigned to every legally defined parcel within a zone in the community. Buellton’s zoning ordinance contains twenty such districts covering residential areas, commercial areas, business parks, public institutional areas, and open space areas. Each zone sets forth certain permitted and conditionally permitted uses as well as various development regulations and design standards.

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3. Subdivisions
A subdivision is any division of contiguous land into separate parcels for sale, lease, or financing. Any land transaction that legally separates property into distinct ownership units in which long-term ownership rights can be vested is a subdivision. California’s Subdivision Map Act (“Map Act”) governs how local agencies oversee the subdivision of land. The process encourages orderly development and also protects against fraud by assuring that all subdivisions are recorded with the county recorder.

Each city must adopt an ordinance that designates a local process for subdivision approval. Local ordinances can be more restrictive than the Map Act so long as they are consistent with its provisions.

The Map Act contains two procedures to process subdivision applications based on project size. “Major subdivisions” containing five or more parcels require more formal procedures that involve filing both a tentative map and a final map for approval. Minor subdivisions involving four or fewer parcels require only a single parcel map. The reasoning for this distinction is that minor subdivisions are less likely to raise complex issues, such as traffic and infrastructure needs.

4. Design Review
Design review is used to ensure that development is compatible with the aesthetic character of a community or individual neighborhood. While the zoning code focuses on the type and intensity of a use, design review focuses on aesthetic and architectural standards.

During the design review process, various materials and information may be used to evaluate projects including conceptual exterior elevations and plans, color samples, design details, landscape plans, lighting elements, etc.

5. Environmental Review (California Environmental Quality Act) Requiring measures to protect the long-term health of the state’s environment has become an integral element of land use planning. The environmental protection law most frequently applied to land use decisions is the California Environmental Quality Act (CEQA).

CEQA is a complex law with a simple purpose: to assure that decisionmakers understand and account for the environmental consequences of a project. A key purpose of CEQA is informational, since it gives decisionmakers information on what the environmental impacts of a project will be and how to minimize those impacts (see Appendix F for further information on CEQA).

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6. Development Agreements
In California, a project that is in the approval process or has been approved but not yet built may be subject to new regulations and fees as they are adopted. Landowners or developers generally do not have an assured or “vested” right to develop until they obtain a building permit and have performed substantial work in reliance on that permit. Until then, there is no guarantee that the local land use policies and regulations will remain the same.

To offset this risk, developers sometimes propose that their project be approved through a development agreement which is a detailed contract between a developer and a local agency that spells out the rules for a particular project in very specific terms. Development agreements are typically reserved for projects that are likely to be developed in several phases over a number of years.

For developers, the advantage is that they can lock in their entitlements and the local regulations that are in effect at the time the agreement is approved, allowing them to obtain financing and get the project underway. For local agencies, the advantage is that the agency and developer may agree to additional conditions such as extra park land, certain fees, and public improvements that go beyond what the agency could require through the normal development process.

7. Dedications and Fees
Dedications of land and development fees are often imposed as conditions on projects to offset new demands on public services and facilities.

Dedications and fees are sometimes referred to as “exactions.” New development usually requires the extension of infrastructure, such as roads, water and sewer lines, parks, pathways, libraries, and schools. Cities use dedications and fees to ensure that new development pays its fair share of required public improvements.

A dedication occurs when ownership of an interest in real property is transferred to a local agency. Development fees are often imposed in lieu of dedications when the type of infrastructure does not lend itself easily to individual dedications of property, such as with sewers, water systems, affordable housing and open space.

The basic rule when imposing dedications and fees is that they must have an “essential nexus” with, and be “roughly proportional” in amount to, the impacts caused by the development. This means dedication and fee requirements may be used to fund improvements necessary to address the effects of the project.

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10.6 Land Use and Planning Terms
In serving in the planning commission role, the Council will typically deal with various land use and planning terms. As in other professional disciplines, many of these terms are technical in nature. To assist the Council in understanding such terms, several planning organizations have developed resource documents. One such organization is the Institute for Local Government which has developed a comprehensive glossary of land use and planning terms (see Appendix G).

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Chapter 11
Council Committees
Sections:

11.1 Establishment of Council Committees

11.2 Procedure for Council Committee Appointments

11.3 Notice of Meetings

11.4 Staff Support of Committees

11.5 Committee Reports

11.6 Annual Review of Committees

11.1 Establishment of Council Committees
The Council may establish standing committees for policy review of a specific area or subject matter (see Appendix H). Additionally, ad-hoc committees may be established to undertake a specific program of work, and once the program of work is completed such committees will dissolve. Both standing and ad hoc committees are typically composed of two Councilmembers.

Council committees may not speak for nor act on behalf of the Council. Instead, both standing and ad-hoc committees are created to assist the Council by preparing policy alternatives and implications for Council consideration. In other words, Council committees serve the entire Council, and, as such, committees are not seen as territorial, but neither do Councilmembers interfere in the committee work of others.

11.2 Procedure for Council Committee Appointments
It is the role of the Mayor to present any recommended standing and ad hoc committee assignments for Council concurrence at the Council’s annual reorganization meeting, or at a subsequent Council meeting shortly thereafter.

Initial appointments to new committees will take place upon the establishment of the committee, or at a subsequent Council meeting. Assignment to a Council Committee will be by Council consensus.

11.3 Notice of Meetings
All standing committees must be scheduled with proper public notice provided through staff.

11.4 Staff Support of Committees
Both standing and ad-hoc committees receive staff support and assistance at their meetings and in their deliberations. At committee meetings, Councilmembers are typically presented with background materials prepared by staff that are pertinent to the issues or subjects under review, and Councilmembers may request further assistance and information as needed. However, a committee may not direct staff in the performance of their duties as all staff involvement with a committee needs

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to be approved by the City Manager so as not to unduly interfere with the day-today operations or priorities established by Council.

11.5 Committee Reports
Both standing and ad hoc committees will typically report on their work and deliberations, when any recommendations are reached, during the Committee Reports portion of the Council’s agenda. Such written reports are prepared and initially presented by staff with further comments offered by committee members.

When there is not agreement between the two members of a standing or ad hoc committee on a particular issue, the committee report to the entire Council will reflect the position of both members.

Should questions arise concerning the work and deliberations of any committee prior to the presentation of a formal committee report at a Council meeting, it is recommended that interested Councilmembers initiate contact with the City Manager.

11.6 Annual Review of Committees
The Council will review annually the relevance of the Council’s standing and ad hoc committees and determine which committees are no longer necessary and which committees should continue their work and deliberations.

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Chapter 12
Council Participation in Outside Organizations
Sections:

12.1 Appointments to Outside Organizations

12.2 Representational Responsibilities of Appointees

12.3 Reporting Responsibilities of Appointees

12.4 Limited Participation and Memberships in National Organizations

12.1 Appointments to Outside Organizations
The City maintains on-going relationships with outside organizations and regional authorities and governmental bodies, such as the League of California Cites (Cal Cities), the Central Coast Water Authority (CCWA), the Santa Barbara County Association of Governments (SBCAG), etc. Typically, the Council assigns one or more Councilmembers, as applicable, to serve as the City’s representative to such organizations and authorities at the time that the Council reorganizes itself each year.

12.2 Representational Responsibilities of Appointees
Councilmembers assigned to outside organizations or regional authorities represent the City’s interests as determined by a majority of the Council.

Councilmembers should not represent or vote their own or individual positions on an issue, but rather that of the City as may be articulated or instructed by a majority of the Council. Whenever possible, all significant policy issues should be brought before the Council for determination and instruction to the assigned Councilmember(s).

12.3 Reporting Responsibilities of Appointees
All Councilmembers representing the City on outside organizations and regional authorities should periodically summarize their activities at Council meetings during the Council Comment portion of the agenda. If the City reimburses a Councilmember for any necessary expenses incurred in such representation, the Councilmember should give a report of such meeting attended at the expense of the City at the next regular meeting of the Council.

12.4 Limited Participation and Memberships in National Organizations It has been the past practice of the Council to confine City participation and memberships to organizations of a more local, regional and state nature as opposed to organizations of a national orientation, such as the National League of Cities. Should a need or desire arise for a Councilmember to attend a conference or event outside of California which benefits the City, special Council approval is required prior to the actual registration and attendance at the event.

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Chapter 13
Press/Media Relations
Sections:

13.1 Official Positions of the City

13.2 Press Releases

13.3 Contacts with Media

13.4 Councilmembers’ Communication with Media

13.5 Social Media Policy

13.1 Official Positions of the City
In responding to inquiries from the media, it is the general practice of the Council and staff to represent the official position of the City and to limit comments to stating the facts and circumstances, without personal opinions or conclusions.

13.2 Press Releases
All press releases pertaining to the City are issued by the City Manager on behalf of the City. The City Manager is authorized to issue press releases pertaining to City activities and events of public importance as deemed necessary and appropriate to keep the public informed. When the City issues a press release, the Mayor and Councilmembers are consulted in terms of any Councilmember quotes or references. All press releases are immediately distributed to the Council upon their release to the media.

13.3 Contacts with the Media
When dealing with the members of the media, it is usually the Mayor who represents the position and interest of the City. However, the press may also contact the City Manager or department heads from time to time, and in those instances City staff will express the position of the Council.

13.4 Councilmembers’ Communication with Media
It has always been the City’s position that the Council maintains open lines of communication with the media providing Councilmembers the ability and opportunity to speak directly with the media on City issues. When speaking to the media, Councilmembers will clarify whether they are speaking on behalf of the Council or themselves. Additionally, if a Councilmember does not feel knowledgeable about a particular issue when questioned by the media, it is recommended that the Councilmember direct the media contact to the City Manager. Finally, it is suggested that Councilmembers advise the City Manager when media contact occurs.

13.5 Social Media Policy

In an effort to expand communication with the public, the City may maintain a

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presence on social media such as Facebook, Twitter, Instagram, etc. City staff are responsible for maintaining the City’s official social media accounts in accordance with City policy. Recommendations by Councilmembers on topics to be posted to the City’s social media sites should be directed to the City Manager for consideration. Such recommendations should be limited to topics/events with Citywide benefit, interest, or impact.

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Chapter 14
Council Compensation, Professional Development,
and Communications
Sections:

14.1 Council Compensation

14.2 Reimbursement of City-Related Expenses

14.3 Professional Development

14.4 Attendance at Local Meetings and Community Events

14.5 Council Communications

14.1 Council Compensation
All provisions of the Government Code relating to compensation, benefits and reimbursement of expenses applicable to members of a city council of a general law city are applicable to the Council. The current Councilmember stipend is $440 per month (pursuant to the Government Code), and some benefits applicable to City staff are also applicable to Councilmembers (see Appendix M).

14.1.1 Budget
The annual City budget includes appropriations for the monthly Council stipend and for expenses necessary for Councilmembers to undertake official City business (refer to Department 401-City Council of the City budget).

14.2 Reimbursement of City-Related Expenses
Councilmembers are eligible to receive reimbursement for expenses directly related to their duties as Councilmembers. Mileage reimbursement is tied to the current IRS approved rate.

14.3 Professional Development
The Council has adopted a policy (see Appendix I) setting forth the procedures for reimbursement of approved travel expenses as defined in the policy. Such travel may be associated with attendance at conferences, meetings and training for purposes of improving understanding and proficiency in municipal affairs and/or legislative operations.

14.4 Attendance at Local Meetings and Community Events
During the course of a year, the Council as a whole or individual Councilmembers may receive multiple invitations to a host of local meetings and community events for which event registration fees are required for attendance. With that in mind, the Council has adopted a set of guidelines (see Appendix J) restricting the number of events to two per year in which a Councilmember may attend with reimbursement of appropriate and reasonable expenses. The guidelines further stipulate that the

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Mayor may attend an unlimited number of meetings and events; and, in lieu of the Mayor, the guidelines also establish a procedure for the Vice Mayor or another designated Councilmember to attend in the Mayor’s place.

14.5 Council Communications

14.5.1 Processing of Mail
All incoming mail addressed to the Mayor and Councilmembers will be handled by Staff in the following manner.

14.5.2 Distribution of Mail
It is the practice of the staff to distribute correspondence to the Council in a timely manner. All paper mail initially received is date stamped and reviewed by staff to ensure that matters of an urgent nature are immediately brought to the attention of the City Manager for appropriate action. All mail is then appropriately sorted, reviewed by the City Manager and/or placed in the Council’s in-basket on the day it is received.

14.5.3 Paper and Electronic Mail, Public Record
Both paper and electronic mail addressed to Councilmembers and delivered to City Hall, or any other City facility, or via any City equipment, account, or network, is presumed to be a public record, subject to retention and disclosure requirements as set forth in the California Public Records Act, unless an express legal exemption or privilege applies (see Appendix K). The California Public Records Act also potentially applies to City-related communications that are sent, received, or stored on private electronic devices used by a Councilmember or a City employee.

14.5.4 “Private, Personal, Confidential” Mail
Any paper mail addressed to an individual Councilmember and marked “private,” “personal” or “confidential” will be date stamped on the envelope or package and logged in by staff in a manner that records the date of receipt, method of delivery, sender (if reflected on the face of the envelope or package received), and recipient.

The original will then be placed in the addressee’s City mailbox unopened. If mail has not been retrieved from the Councilmember’s mailbox within two business days, the staff will contact the Councilmember alerting him/her of this mail.

Changes to this process may be amended, with the City Council’s consent, when safety concerns exist.

14.5.5 Access to Communications/Technology
It is the practice of the City to provide each Councilmember with equal and appropriate communications and technological devices to facilitate their public service. At the present time and as noted below, the City makes available cellular

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telephones for use by Councilmembers. However, as technology advances in the future, the City may make available other communication devices from time to time that are designed to enhance the Council’s effectiveness and responsiveness in their roles as elected officials.

14.5.6 Internet Access
Councilmembers are authorized to use the City internet connection, which includes e-mail, for the purpose of conducting City business and communicating with the public. Councilmembers have access to the City e-mail system that allows e-mail communications internal to the City and with others via the Internet. E-mail correspondence sent and received by Councilmembers via the City website generally are public records and subject to disclosure.

14.5.7 IT Support Responsibilities
The City’s staff and consultants are available to assist Councilmembers regarding the use of cellular telephones, e-mail, syncing of electronic calendars, etc.

14.5.8 Responding to Citizen Complaints
From time to time, the Council as a whole receives communications, inquiries, and complaints in the form of letters and/or e-mails. In such situations, it is important that the City respond in a consistent and unified basis, and in such situations the City Manager will work with the Mayor to determine the most appropriate response.

In general, Councilmembers are discouraged from responding directly to inquiries or complaints sent to the Council as a whole without first coordinating with the City Manager’s office to ensure a unified response and to prevent dual efforts in the event the City Manager is already preparing a response.

If a Councilmember receives an inquiry or a complaint and desires that it be addressed by staff, it is recommended the Councilmember bring the matter to the attention of the City Manager to ensure that the matter is known and that appropriate action is taken by staff.

14.5.9 Correspondence from Councilmembers
Councilmembers are occasionally called upon to write letters to citizens, businesses, or other public agencies. Typically, the Mayor is charged with transmitting the City’s position on policy matters to outside agencies on behalf of the Council. However, from time to time individual Councilmembers will prepare letters for constituents in response to inquiries, or to provide requested information.

City letterhead is available for this purpose, and the City Manager will assist in the preparation of such correspondence, if desired.

On occasion, Councilmembers may wish to correspond on an issue on which the Council as a whole has yet to take a position, or about an issue for which the

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Council has no position. In these circumstances, Councilmembers should clearly and carefully indicate that they are not speaking for the Council as a whole, but for themselves as one member of the Council. City letterhead may be utilized in such circumstances.

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