Buellton City Council
October 27, 2022

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of October 27, 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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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.

1. Minutes of October 13, 2022 Regular City Council Meeting

City Council Meeting Agenda Page 2 October 27, 2022

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

3. Monthly Treasurer’s Report – September 30, 2022
 (Staff Contact: Finance Director Shannel Zamora)

4. Filing of an Amended 2022-23 Claim with the Santa Barbara County Association of Governments (SBCAG) for State Transit Assistance (STA) Fund 2021-22 Apportionments
 (Staff Contact: Finance Director Shannel Zamora)

5. Resolution No. 22-30 – “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference”  (Staff Contact: City Attorney Greg Murphy)

6. Acceptance of the 2021/22 Road Maintenance Project
 (Staff Contact: Public Works Director Rose Hess)

7. Approval of Fall Fest Carnival on the Avenue of Flags  (Staff Contact: Planning Director Andrea Keefer)

PRESENTATIONS

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)

8. Consideration of Arts & Culture Project Application: Discovery Days  (Staff Contact: Recreation Supervisor Kyle Abello)

9. Discussion Regarding the Community Garden located on City-Owned Property at SE Corner of Second Street and Central Avenue for Community Garden  (Staff Contact: City Manager Scott Wolfe)

10. Conceptual Review of the “Feedstore Mixed-Use Development” Project 545 Avenue of Flags; APNs 099-282-008/009/013 and 099-292-019  (Staff Contact: Contract City Planner Irma Tucker)

City Council Meeting Agenda Page 3 October 27, 2022

11. Consideration of an Affordable Housing Agreement for the 518 Avenue of Flags – Mixed Use Development Located at 518 Avenue of Flags
 (Staff Contact: City Manager Scott Wolfe)

12. Resolution No. 22-31 - “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Budget Amendments from Operational Changes Related to Fiscal Year 2022-23 Budget through the First Quarter Ending September 30, 2022”
 (Staff Contact: Finance Director Shannel Zamora)
CITY MANAGER’S REPORT

ADJOURNMENT
The next meeting of the City Council will be held on Thursday, November 10, 2022 at 6:00 p.m.

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

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of October 13, 2022
City Council Chambers, 140 West Highway 246
Buellton, California

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

PLEDGE OF ALLEGIANCE

ROLL CALL

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

REORDERING OF AGENDA
None

PUBLIC COMMENTS

Kathy Vreeland, Executive Director of the Buellton Chamber of Commerce and Visitors Bureau announced the Buellton City Council Candidate Forum is scheduled for Sunday, October 16 from 1:00 to 4:00 p.m. at Oak Valley Elementary School.

Kyle Abello, Recreation Supervisor announced that he is resigning his position with the City after the New Year. He thanked the City Council and staff for the opportunity to work for the City and help to develop Buellton Rec.

The City Council thanked Mr. Abello for his hard work and dedicated service to the City and its residents.

City Council Meeting Minutes Page 2 October 13, 2022

CONSENT CALENDAR

1. Minutes of September 22, 2022 Regular City Council Meeting

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

3. Financial Report for the Fourth Quarter Ending June 30, 2022 MOTION:

Motion by Council Member Sanchez, seconded by Council Member Lewis, approving Consent Calendar Items 1 through 3 as listed.

Council Member Sanchez thanked Finance Director Zamora for the detailed fourth quarter report.

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 Lewis requested and the Council agreed by consensus to have staff look into adding some shaded structures and a baby swing at Village Park.

Mayor Sierra announced the grand opening of the Buellton Veterans Food Distribution Service Center is scheduled for October 19 at 10:30 a.m. at the Buellton Senior Center.

Mayor Sierra clarified her support for Measure R. She stated she supports Measure R as a private resident but not as the Mayor of the City of Buellton, which was printed on a distribution flyer supporting the Measure.

Council Member Sanchez requested that staff look into adding a splash pad at Village Park.

City Council Meeting Minutes Page 3 October 13, 2022

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Council Member Sanchez announced he attended the Arts and Culture Committee board meeting and provided an oral report for the record. Council Member Sanchez thanked Recreation Supervisor Abello for all his hard work and dedication through the years.

Mayor Sierra announced that she attended the California Joint Powers Insurance Authority (CJPIA) Annual conference in Santa Barbara and said it was a great event.

BUSINESS ITEMS

4. Annual Report from the Buellton Visitors Bureau for the Period July 2021 through June 2022
RECOMMENDATION:

That the City Council receive the Annual Report from the Buellton Visitors Bureau.

STAFF REPORT:

Finance Director Zamora presented the staff report.

SPEAKERS/DISCUSSION:

Kathy Vreeland, Executive Director of the Buellton Chamber of Commerce and Visitors Bureau displayed a presentation for the Council and discussed the Visitors Bureau’s Annual Report for July 2021 through June 2022.

The City Council thanked the Buellton Chamber of Commerce and Visitors Bureau for their dedication in bringing tourism to Buellton.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

5. Consideration of a New Contract with Metro Ventures Ltd. for Irma L. Tucker to Provide Professional Planning Services
RECOMMENDATION:

That the City Council authorize the City Manager to enter into a new contract for Contract Planning Services with Metro Ventures Ltd. beginning November 10, 2022 and ending May 10, 2024, at a rate of $100.00 per hour, not to exceed $72,000.

STAFF REPORT:

Planning Director Keefer presented the staff report.

City Council Meeting Minutes Page 4 October 13, 2022
SPEAKERS/DISCUSSION:

The City Council discussed the value of Ms. Tucker’s services to Buellton’s Planning Department and the hourly rate being paid.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Sanchez, seconded by Council Member Lewis, authorizing the City Manager to enter into a new contract for Contract Planning Services with Metro Ventures Ltd. beginning November 10, 2022 and ending May 10, 2024, at a rate of $100.00 per hour, not to exceed $72,000.

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

6. Allocation of Funding Sources for the Reservoir 2 Roof Repairs RECOMMENDATION:

That the City Council discuss the funding source options for the Reservoir 2 roof repairs and provide direction to staff.

STAFF REPORT:

Public Works Director Hess presented the staff report.

SPEAKERS/DISCUSSION:

The City Council discussed the following issues:
• The project is currently in design phase, it will go to bid soon, and likely be in construction by spring, 2023
• Using existing funds to pay for the roof repairs
• Moving forward on the project, while looking into applying for a low-interest loan DIRECTION:

The City Council agreed by consensus to use American Rescue Plan Act (ARPA) funds for the Reservoir 2 roof repairs and directed staff to apply for a low interest loan to further fund the project.

City Council Meeting Minutes Page 5 October 13, 2022

7. Resolution No. 22-29 – “A Resolution of the City Council of the City of Buellton, California, Adopting a City Council Manual Establishing Guidelines and Procedures for Council Operations and Related Functions and Activities” RECOMMENDATION:

That the City Council discuss the Council Manual and consider adoption of Resolution No. 22-29.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

The City Council thanked the City Manager for drafting the Council Manual and said it is very well written.

MOTION:

Motion by Council Member Lewis, seconded by Vice Mayor King, adopting Resolution No. 22-29 - “A Resolution of the City Council of the City of Buellton, California, Adopting a City Council Manual Establishing Guidelines and Procedures for Council Operations and Related Functions and Activities”
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
Vice Mayor King adjourned the regular meeting at 7:30 p.m. The next regular meeting of the City Council will be held on Thursday, October 27, 2022 at 6:00 p.m. _________________________________
Dave King
Vice Mayor
ATTEST:
_________________________________
Linda Reid
City Clerk

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

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: October 27, 2022
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 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 10/01/2022 through 10/14/2022 has been prepared in accordance to Government Code section 37202 and Buellton Municipal Code section

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

The total amount of checks, 10/01/2022 through 10/14/2022, and electronic fund transfers issued for the period of 10/01/2022 through 10/14/2022 was $771,299.41.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for 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 10/01/2022 through 10/14/2022.

ATTACHMENTS
Attachment 1 – Claims

CITY OF BUELLTON
City Council Agenda Staff Report

City Manager Review: SZ
Council Agenda Item No.: 3

To: The Honorable Mayor and City Council

From: Shannel Zamora, Finance Director

Meeting Date: October 27, 2022

Subject: Monthly Treasurer’s Report – September 30, 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 September 30, 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 September 30, 2022.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – September 30, 2022

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in September 30, 2022
October 27, 2022
This report presents the City’s cash activity and investment portfolio as of September 30, 2022. The report includes:
1) Cash and investments at September 30, 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 September 30, 2022
The following schedule is a summary of the City’s cash and investments based on recorded value as of September 30, 2022 compared with the prior month.

August 31, 2022 September 30, 2022 $ Change
Cash - Pooled $ 11,437,831.46 $ 11,888,285.86 $ 450,454.40 Restricted Cash $ 446,980.17 $ 253,183.52 $ (193,796.65) Investments held by the City 10,297,513.00 10,410,022.05 $ 112,509.05 TOTAL CASH AND INVESTMENTS $ 22,182,324.63 $ 22,551,491.43 $ 369,166.80 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 July 2022 sales tax and August 2022 transient occupancy tax (TOT) offset with reoccurring monthly expenditures. The decrease in restricted cash is due to the payment to ENGIE for services through June 2022. The value of investments increase mainly due to unrealized gains from Certificate of Deposits (CDs) and investment in a new CD. The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.

City of Buellton

M o n t h l y T r e a s u r e r ’ s R e p o r t
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The following schedule is a reconciliation of Cash and Investments to City ledger:

Per Statements: 9/30/2022
Mechanics Bank General Checking 12,241,045.79
Mechanics Bank Money Market 206,985.29
Mechanics Bank FSA 14,333.89
Local Agency Investment Fund 8,682,024.70
Multi-Securites Bank 1,521,012.06
Sterling Bank - Escrow 253,183.52
Total Cash per Statements: 22,918,585.25
Claim on Cash vs. Total Cash Per Statements: (367,093.82) Outstanding items per System Reconciliation: (367,093.82) Difference: -
11,784,182.41
3,746,156.09
(1,593,865.92)
7,305,362.18
(2,360,908.30)
492,705.19
36,329.45
435,950.80
378,985.37
33,283.73
775,357.08
1,221,509.78
275,390.04
-
-
21,053.53
-
22,551,491.43
11,873,951.97
206,985.29
14,333.89
1,521,012.06
8,682,024.70
253,183.52
-
22,551,491.43
999-21000 Wages Payable - -
22,551,491.43
Bank Reconciliation - September 2022
City of Buellton, CA
For the Period Ending 9/30/2022
8/31/2022

BALANCE

CURRENT

ACTIVITY
9/30/2022
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,593,865.92) -
020-10000 Claim On Pooled Cash 7,136,572.51 168,789.67

CLAIM ON CASH
001-10000 Claim On Pooled Cash 11,407,303.44 376,878.97 005-10000 Claim On Pooled Cash 3,713,652.16 32,503.93
024-10000 Claim On Pooled Cash 36,329.45 -
025-10000 Claim On Pooled Cash 418,042.71 17,908.09
021-10000 Claim on Pooled Cash (2,360,908.30) -
023-10000 Claim On Pooled Cash 492,623.19 82.00
031-10000 Claim On Pooled Cash 728,666.12 46,690.96
032-10001 Claim On Pooled Cash 1,221,509.78 -
027-10000 Claim On Pooled Cash 380,435.20 (1,449.83)
029-10000 Claim On Pooled Cash 25,983.73 7,300.00
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 310,590.52 (289,536.99)
075-10000 Claim On Pooled Cash 265,390.04 10,000.00
090-10000 Claim On Pooled Cash - -
TOTAL CLAIM ON CASH 22,182,324.63 369,166.80

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 11,422,311.56 451,640.41 999-10004 Pooled Cash - Brokerage 1,408,509.81 112,502.25 999-10005 Pooled Cash - LAIF 8,682,024.70 -
999-10002 Pooled Cash - Money Market 206,978.49 6.80
999-10003 Pooled Cash - FSA 15,519.90 (1,186.01)
TOTAL: Cash in Bank 22,182,324.63 369,166.80
-
TOTAL: Cash in Bank 22,182,324.63 369,166.80
999-10007 Restricted Cash - Webster Bank Escrow 446,980.17 (193,796.65) 999-10008 Restricted Cash - Webster Bank Equity - -

M o n t h l y T r e a s u r e r ’ s R e p o r t
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City of Buellton
Investment Summary
September 30, 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 82.97% 0.75% n/a n/a 8,682,024.70 $ $ 8,682,024.70 First Technology Bank Fed Cr Union 0.98% 3.60% 5 yrs. 12/26/2023 103,000.00 102,272.82 First Technology Bank Fed Cr Union 0.96% 3.35% 5 yrs. 2/6/2024 100,000.00 98,882.00 Comenity Cap Bank 1.53% 2.80% 5 yrs. 4/15/2024 160,000.00 156,588.80 Morgan Stanley Bank 0.96% 2.75% 5 yrs. 5/2/2024 100,000.00 97,730.00 Capital One Bank 0.96% 2.00% 5 yrs. 8/21/2024 100,000.00 95,873.00 Morgan Stanley Bank 0.96% 1.90% 5 yrs. 1/23/2025 100,000.00 94,720.00 State Bk India 1.91% 1.60% 5 yrs. 4/29/2025 200,000.00 186,806.00 Sallie Mae Bank 1.15% 0.80% 5 yrs. 7/1/2025 120,000.00 109,074.00 Third Fed Savings 2.34% 3.50% 5 yrs. 6/28/2027 245,000.00 235,484.20 Morgan Stanley Bank 0.99% 3.75% 5 yrs. 6/28/2027 104,000.00 101,067.20 Capital One National Association 2.32% 4.30% 5 yrs. 9/30/2027 242,514.04 242,514.04 Multi-Securities Bank - Cash in Holding -
Money Market (Held with Mechanics Bank) 1.98% 0.20% n/a 206,985.29 206,985.29 Total City Investments 100.00% $ 10,463,524.03 $ 10,410,022.05 Certificates of Deposits (Held with Multi-Securities Bank)

M o n t h l y T r e a s u r e r ’ s R e p o r t
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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 September 30, 2022. Fund balance includes total assets and liabilities of the City.

As required by Government Code Section 53646 (b) (3), the chief financial 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 September 30, 2022
Balance
1,338,687.91 2,095,251.68 11,224,520.02
342,208.55 309,193.22 3,377,631.14
006 - Wastewater Capital - 668.00 206,871.75
020 - Water Fund 779,027.87 421,026.47 7,906,764.63
021 - Water Capital - 79,063.54 288,002.40
809.43 - 490,721.80

47.59 - 36,183.01
47,496.02 15,177.99 441,505.51
027 - Local Transportation Fund 98,238.04 4,999.98 379,949.96 029 - Transportation Planning 43.60 - (103,210.46)
031 - Measure A 39,768.16 115,044.41 810,372.16
032 - American Relief Act Fund 611,853.14 - 1,219,845.31 075 - Trust & Agency Fund 360.75 - 9,816.19
090 - Long-Term Debt - - (4,023,040.82)
091 - General Fixed Assets - - 26,330,964.43
145,974.39
3,195,682.10 48,587,614.61
26,330,964.43
092 - Capital Improvement Proj Fund - 155,256.81 (9,282.42) 48,378,781.26 3,404,515.45
286,711.90
(103,254.06)
885,648.41
607,992.17
9,455.44
(4,023,040.82)
367,065.94
023 - Housing Fees 489,912.37
024 - Traffic Mitigation Fund 36,135.42
025 - Gas Tax Fund 409,187.48
001 - General Fund 11,981,083.79
005 - Sewer Fund 3,344,615.81
207,539.75
7,548,763.23
Fund Balance Report
City of Buellton, CA 9/30/2022
Fund July 1, 2022
Balance
Total Revenues

CITY OF BUELLTON
City Council Agenda Staff Report

City Manager Review: SZ
Council Agenda Item No.: 4

To: The Honorable Mayor and City Council

From: Shannel Zamora, Finance Director

Meeting Date: October 27, 2022

Subject: Filing of an Amended 2022-23 Claim with the Santa Barbara County Association of Governments (SBCAG) for State Transit Assistance (STA) Fund 2021-22 Apportionments
______________________________________________________________________________

BACKGROUND

Attached is the staff report from SBCAG recommending local agencies amend their 2022- 23 claim forms in order to claim 2021-22 STA apportionments. STA is one of two state transit-funding programs under the Transportation Development Act (TDA). STA funding is based on actual revenues from sales tax on diesel fuel. STA funds are received from the State per a population-based formula. They may be used by local agencies for public transit and transportation planning purposes with priority given to public transit. The amended 2022-23 claim reflecting the STA apportionment is attached.

FISCAL IMPACT

The maximum STA apportioned to the City of Buellton is $46,315 for Fiscal Year 2021-

22. The apportionment will be disbursed during Fiscal Year 2022-23.

RECOMMENDATION
That the City Council authorize the amended 2022-23 claim to be filed with SBCAG for the purpose of claiming Fiscal Year 2021-22 STA funding.

ATTACHMENTS
Attachment 1 – Staff report from SBCAG showing STA apportionment Attachment 2 – 2022-23 amended claim

TTAC STAFF REPORT
SUBJECT: State Transit Assistance Fiscal Year 2021-22
MEETING DATE: October 6, 2021 AGENDA ITEM: 13
STAFF CONTACT: Dave Troutner
RECOMMENDATION:

Receive and recommend for approval by the SBCAG board FY 21-22 State Transit Assistance (STA) Fund Apportionments, to be claimed through revision of the Transportation Development Act (TDA) Claim Forms for FY 22-23 by partner agencies.

DISCUSSION:

The State Transit Assistance (STA) program is one of two state transit-funding programs under the Transportation Development Act (TDA). Statewide STA funding is based on revenues from sales tax on diesel fuel. STA uses actual revenue received versus an estimate payments. These payments are received quarterly from the State. Funds are available to transit operators for operations or capital on an annual basis. The Santa Barbara county region receives STA funds from the State per population formula and transit operators are allocated funds from the State per farebox revenue as reported to the State.

Attached for TTAC review are the STA apportionments (Attachment A) for FY 2021-22. The $4,078,719 in PUC Section 99313 funds (an apportionment based on population) and $1,045,726 in PUC Section 99314 funds (an apportionment based on fare revenues received) totaling $5,124,445 in revenues available. This is an increase of approximately 28% which was available for apportionment last fiscal year of $4,003,413.

STA funds may be used by local agencies for public transit and transportation planning purposes with priority given to public transit. STA funds can only be used for transit operations if claimants satisfy the STA qualifying criteria mandated by state law. The State Controller apportions Section 99313 funds to the Santa Barbara County region based on statewide population. SBCAG, as the Regional Transportation Planning Agency, in turn apportions the funds by population between four transit planning areas in the Santa Barbara County region:

Santa Barbara South Coast, Santa Maria Valley, Lompoc Valley and Santa Ynez/Cuyama Valleys.

STA Claims
Local agencies are required to amend their FY 2022-23 TDA claim forms if they choose to claim FY 2021-22 STA funds. Claimants are asked to work cooperatively when developing their individual claims so that the total claims filed for each apportionment area do not exceed the apportionment reported for that area. To assist claimants with the preparation of claims, SBCAG has produced an STA Claim Manual which is available on SBCAG’s website located at, http://www.sbcag.org/documents.html#projectsprograms
Documentation when Submitting Claims
When submitting an STA fund claim, the claimant must submit the following to SBCAG:

 Revised Document A (current fiscal year TDA claim form)  New Document B (Resolution) this is only required if LTF amendments are not authorized in your original LTF resolution
 Revised Document D, Parts A and B (Capital and Operating budgets for the coming fiscal year for each project)
 New Document I (only applies to STA claim)
 STA checklist
As a reminder, when submitting an STA claim for operating expenses, operators are asked to provide validation of meeting the requirements as detailed in the STA claim manual – pages 6 and 7. Because funds are allocated a year in arrears, claims for operating expenses should be submitted against the funding year (FY 21-22), not the claim year.

Claims for STA funds are due to Dave Troutner at SBCAG no later than October 28, 2022. The Apportionments shown in Attachment A will be presented to the SBCAG Board for approval on November 17, 2022.

If a claimant has questions, please contact Dave Troutner at 805.961-8903 or by email at [email protected]
ATTACHMENTS:

A. Apportionment of FY 21-22 State Transit Assistance Funds

APPORTIONMENT OF STATE TRANSIT ASSISTANCE FUNDS
FISCAL YEAR 2021-22
PUC SECTION 99313 (Population Based Apportionments)
Apportionment Eligible % of Total FY 2021-22
Area Claimants Population Population Apportionments
Easy Lift $ 94,664
SBMTD 1,798,619
South Coast Santa Barbara 86,591
Carpinteria 12,963
Goleta 32,591
County 74,494
Subtotal 206,639 46.41857% $ 1,893,283
SMOOTH $ 70,632
Santa Maria Santa Maria 109,910 1,267,643
Valley Guadalupe 8,544 74,368
County 35,726
Subtotal 154,180 34.63449% $ 1,412,643
Lompoc 43,845 $ 557,426
Lompoc Valley County 16,994
Subtotal 60,839 13.66670% $ 557,426
Santa Ynez Buellton 5,055 $ 46,315
& Cuyama Solvang 5,709 158,790
Valleys County: 10,262
S.Y.Valley Uninc. 11,622
Cuyama Valley 1,120
Subtotal 23,506 5.28025% $ 215,367
Total to Claimants 445,164 100.00000% $ 4,078,719
PUC SECTION 99314 (Revenue Based Apportionments)
FY 2021-22
Claimant Apportionments
Guadalupe $ 4,453
Lompoc 8,744
Santa Maria 58,046
Solvang 6,680
SBMTD 864,007
SBCAG-Clean Air Express 103,796
T o t a l $ 1,045,726
Population figures from DOF (Jan 2022)
Funds are from FY 21-22 but received fully in FY 22-23
Amended Claim FY 2022-23

ATTACHMENT A

Required STA Forms Checklist
See eligibility requirements on page 6 of the STA Manual.

REQUIRED FORMS CHECKLIST
CLAIMANT: City of Buellton
Document Name[11
Revised Document A: Claim Form
New Document B: Resolution (Only if amendments not included in original L TF Claim) Revised Document D: Fiscal Reporting
Proposed Operating Budget
Proposed Capital Budget
New Document I: STA Claim Category(ies)
I hereby certify that I have completed all forms necessary to comply with the requirements of the Transportation
Development Act.

Submitted by:

Name:

Scott Wolfe
Signature:

Title: . Clty Manager
E-mail . [email protected]
Date:
10/27/2022 Phone: 805-686-0137
AMENDED CLAIM Page 32 of 132
Line
DOCUMENT A (Instructions on pages 4-3 and 4-4)

TRANSPORTATION DEVELOPMENT ACT CLAIM FORM
(All claimants must complete this document)
1 Project Year (FY) _2_02_2_-2_3 ____ _
2 Claimant_C_ity..L.-0_f_B...;..u...;..el...;..lt..;,..on ______________________ _ 3 Address 107 West Highway 246, PO BOX 1819, Buellton, CA 93427 4 Contact Person Scott Wolfe ~~~~~---- Title City Manager 5 Telephone Number ....;;8...::.0-=-5--=6...::.8-=-6--=0....;.1-=-37~ _______ _ 6 The above named claimant hereby applies for allocations of Transportation Development Act funds for FY 2022-23 for the purposes and in the amount(s) specified below:

Regional Transportation Planning
7 (PUC 99262 & 99402)
less amount released to SBCAG
8 Pedestrian & Bikeway Facilities (PUC 99234)
9 Articles 4 & 8:
less amounts released to:
10 _______ ~C~io/~of~S~0~lv~a~n~g ______ _
11 ---------------------
plus amounts released from:
13 ___________________ __
14 ___________________ _
15 ---------------------
16 Article 4 Transit (PUC 99260)
17 Article 4.5 Community Transit (PUC 99275)
18 Article 8a Streets & Roads (PUC 99400a)
19 Article 8c Transit Contracts (PUC 99400c)
20 TOTAL LTF
21 Amount to be held in reserve (CCR 6648)
By Claimant By SBCAG ____ _
f1D+',j[']hIMh~ ~amhU4.~
$ 8,941.00 $ 8,941.00
minus $ 8,941 .00
$ 5,776.00 $ 5,776.00
$ 274,529.00
minus $ 274,529.00
minus
minus
minus
minus
minus
plus
plus
plus
$
$
$ 289,246.00 $ 5,776.00
AMENDED CLAIM Page 33 of 132
DOCUMENT A (Continued)
~ls~m~t~e~T~~~n~s~it~As~S~is~ta~n~c~e ____________________ ~11 ~ __________ ~ 22 Transportation Planning
23 Mass Transportation
24 TOTALSTA
25 TOTAL TRANSPORTATION DEVELOPMENT ACT CLAIM
(add lines 20 and 24)
Claimant acknowledges that payment by the County Auditor of an allocation made by the Association of Governments is subject to such monies being on hand and available for distribution and to the provision that such moneys be used only in accordance with the terms of the allocation instruction issued by the Association of Governments
26 27
28 By:
----------------------------------------- Title: City Manager Date: 10/27/2022
I hereby attest to the reasonableness and accuracy of the financial statements included in Documents C, D, F, and G. (Sec. 6632)
29 30
31 Signed: ________________________________________ _
Name: Shannel Zamora
Title: Finance Director
Reference: CCR Section 6630
AMENDED CLAIM Page 34 of 132
DOCUMENT D, PART A (Instructions on pages 4-7 and 4-8)

PROPOSED OPERATING BUDGET
(All transit claimants must complete this document)
1 Budget Year
2 Total Eligible Operating Cost
3 Estimated Fares
4 Operating Deficit (subtract Line 3 from Line 2)
Other O~erating Revenues
5 Property Taxes
6 Local Transportation Fund
7 L TF Balance from Prior Year
8 State Transit Assistance Fund
9 Federal Operating Assistance
10a Measure D/A - Local
10b Measure D/A - Regional
11 Other (specify):
12 Other (specify):
13 Other (specify):
14 Net Surplus/(Deficit) (add Lines 5-13 to Line 4)
Footnotes
Reference: CCR Section 6632
Prior Year (FY)
2021-22
$
$
$
$
$ 4,601.00
$
$ 39,382.00
$ 43,983.00
Project Year (FY)
2022-23
$
$ 5,776.00
$ 46,315.00
$ 52,091 .00
AMENDED CLAIM Page 35 of 132
DOCUMENT 0, PART B (Instructions on pages 4-7 and 4-8)

PROPOSED CAPITAL BUDGET
(All transit claimants must complete this document)
15 BudgetYear
Capital Expenditures (Itemize by Project)
16 ------------------------------------ 17 ________________________________ _ 18 __________________________________ __
19 __________________________________ __
20 ----------------------------------- 21 ------------------------------------ 22 __________________________________ __ 23 __________________________________ _
24 Total Capital Expenditures (Add Lines 16-23)
Capital Revenues
25 Property Taxes
26 Local Transportation Fund (L TF)
27 L TF Reserve Account
28 LTF Balance from Prior Year
29 State Transit Assistance Fund (STAF)
30 STAF Balance from Prior Year
31 Federal Capital Assistance
32 Other (specify): _________________ __
33 Other (specify): ______________________ _
34 Other (specify): ____________ __
35 Other (specify): ____________ _
36 Total Capital Revenues (add Lines 25-35)
37 Net Surplus/(Deficit) (subtract Line 36 from Line 24) Prior Year (FY)
2021-22
$
$
$
Project Year (FY)
2022-23
$
$
$
AMENDED CLAIM Page 36 of 132

DOCUMENT I

STATE TRANSIT ASSISTANCE ALLOCATION AREAS
Select the claim category or categories by checking appropriate box and indicating the amount of STA funding Claims may be filed for allocations from the State Transit Assistance fund by an operator for the following purposes.

Claimed
D 6730 (a) The operating cost of the operator's public transportation system. ---'-$ ____ _ D 6730 (b) The capital requirements of the operator's public transportation system. ---'-$ ____ _ D 6730 (b) Subsidy of passenger rail services, either by bulk purchases of passenger tickets or by direct payments to a railroad corporation, pursuant to Public Utilities Code sections 99260.2(b) and 99260.5, or for rail passenger service operation and capital improvement expenditures pursuant to Public Utilities Code section 99260.6 and construction and maintenance of intermodal transportation facilities pursuant to Public Utilities Code section 99234.9. ---'-$ ____ _ D 6730 (d) Community transit service purposes pursuant to Public Utilities Code section 99275. _$"--___ _
Claims may be filed for allocations from the State Transit Assistance fund by a city or county, or transit district for the following purposes, if it is eligible for allocations from the local transportation fund for such purposes:

D 6731(a) Payments for passenger rail service operations and capital improvements pursuant to Public Utilities Code section 99400(b) and construction and maintenance of intermodal transportation facilities pursuant to Public Utilities Claimed
Code section 99234.9. $ --'------
[2J 6731(b) Payment to an entity under contract with the city, county or transit district, for transportation services or payment for the claimant's related administrative and planning cost, pursuant to Public Utilities Code sections 99400(c) and 99400(d). $ 46,315.00
AMENDED CLAIM Page 37 of 132
D 6731(c) To provide or contract for transportation services to elderly and handicapped persons, if the city, county, or transit district is a member of a joint powers entity operating a public transportation system, pursuant to Public Utilities Code Claimed
section 99260.7 $ ---'------
D 6731(d) Community transit service purposes pursuant to Public Utilities Code section 99275. $ --'------
D 6731(e) Transportation services provided by cities or counties with populations of less than 5,000 pursuant to Public Utilities Code section 99405(d). $ ---'------ DClaims may be filed for allocations from the state transit assistance fund by consolidated transportation service agencies for purposes specified in Public Utilities Code section 99275. $ ---'------

15.00 REFERENCED PUBLIC UTILITIES CODE SECTIONS
99234.9 Rail Passenger Service Projects
Any county, city, county transportation commission, or operator may file claims with the transportationplanning agency for rail passenger service operation expenditures and capital improvement expenditures, including construction and maintenance of intermodal transportation facilities. These funds may be used as the entity's required contribution toward the cost of providing these services or capital improvements. 99260.2 Claims for Peak-Hour Service; Rail Ticket Purchases 99260.2 (b) Claims may be filed with the transportation-planning agency by a transit district to make bulk purchases of passenger tickets for passenger rail services, if it is authorized to make such purchases by its enabling legislation.
99260.5 Claims for Railroad Corporation
99260.5(a) Claims may also be filed with the transportation planning agency by a city and county or a transit district under this article for payments to be made to a railroad corporation subject to the jurisdiction of the Public Utilities Commission and engaged in the transportation of persons, as defined in Section 208, for operating losses incurred in such transportation of persons between points within the city and county or the district, as the case may be, and for that portion of the operating losses incurred in such transportation of persons in the city and county or the district, as the case may be, whose origin or destination, or both, are outside the city and county or district.
99260.5(b) A city and county or a transit district receiving funds under a claim filed pursuant to subdivision (a) shall use those funds for the purposes specified in that subdivision.

AMENDED CLAIM Page 38 of 132
99260.6 Claims for Rail Passenger Service
Public agencies authorized to file claims pursuant to Section 99234.9 may file claims under this article. 99260.7 Claims for Separate Service to Elderly and Disabled Persons by Joint Powers Agency Members In order to provide, or to contract to provide, transportation services using vehicles for the exclusive use of elderly or disabled persons, a city or a county, which is contributing funds it is eligible to receive under this article to a jOint powers agency of which it is a member to operate a public transportation system, may also file a claim under this article and may also file a claim for funds made available pursuant to Section 99313. 99275 - Community Transit Services Definition
99275 (a) Claims may be filed with the transportation planning agency by claimants for community transit services, including such services for those, such as the disabled, who cannot use conventional transit services.
99275 (b) For purposes of this article, "community transit services" means transportation services which link intra-community origins and destinations.
99313 - State Transit Assistance; Population Formula Allocations From the funds made available pursuant to subdivision (c) of Section 99312, an amount shall be allocated by the Controller to each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board, based on the ratio of the population of the area under its jurisdiction to the total population of the state.
99400 - Article 8
Claims may be filed under this article with the transportation-planning agency by counties and cities for the following purposes and by transit districts for the purposes specified in subdivisions 99400 (b) Passenger rail service operations and capital improvements. 99400 (c) Payment to any entity which is under contract with a county, city, or transit district for public transportation or for transportation services for any group, as determined by the transportation planning agency, requiring special transportation assistance. If the county, city, or transit district is being served by an operator, the contract entered into by the county, city, or transit district shall specify the level of service to be provided, the operating plan to implement that service, and how that service is to be coordinated with the public transportation service provided by the operator. Prior to approving any claim filed under this section, the transportation planning agency, or the county transportation commission in a county with such a commission, shall make a finding that the transportation services contracted for under subdivision (c) are responding to a transportation need not otherwise being met within the community or jurisdiction of the claimant and that, where appropriate, the services are coordinated with the existing transportation service. 99400 (d) Payments to counties, cities, and transit districts for their administrative and planning cost with respect to transportation services under subdivision (c). 99405 50-Percent Allocation Limitation
99405 (d) The 50-percent limitation shall not apply to funds allocated under this article to a city or county with a population of less than 5,000, and, notwithstanding Section 99400, the city or county may claim funds AMENDED CLAIM Page 39 of 132
under this article for transportation services, including associated capital, planning, and administrative costs, without contracting with another entity.

AMENDED CLAIM Page 40 of 132

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Gregory Murphy, City Attorney
Meeting Date: October 27, 2022
Subject: Resolution No. 22-30 – “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference”
______________________________________________________________________________

BACKGROUND
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which modified the Brown Act to allow a legislative body to continue to meet under teleconferencing rules during a proclaimed state of emergency and where local officials recommend measures to promote social distancing.

On September 28, 2021, the Santa Barbara County Public Health Department recommended that social distancing continue during public meetings via use of teleconferencing in order to help prevent the spread of COVID-19. This message was set forth in the Santa Barbara County Public Health Department’s press release entitled, “Health Officials AB 361 Social Distance Recommendation”, which is attached to Resolution No. 22-30 as (Exhibit A).

Public Health Officials have recommended measures to promote social distancing, including holding virtual meetings for legislative bodies within the County of Santa Barbara. Therefore, in consideration of the State of Emergency declared by Governor Newsom and findings that the State of Emergency still warrants the option of teleconferencing for public meetings, it is in the interest of public health and safety, and in response to the local recommendation for measures to promote social distancing, it is necessary to invoke provisions of AB 361 related to teleconferencing.

A Special City Council Meeting was held on January 13, 2022, allowing teleconferenced meetings to continue, Resolution No. 22-02 was adopted on February 10, 2022, Resolution No. 22-06 was adopted on March 10, 2022, Resolution No. 22-11 was adopted on April 14, 2022, Resolution No. 22-15 was adopted on May 12, Resolution No. 22-21 was adopted on June 9, Resolution No. 22-25 was adopted on July 14, 2022, Resolution No. 22-26 was adopted on August 11, 2022, Resolution No. 22-28 was adopted on September 22, 2022, documenting the continued need for meetings to occur via teleconference if necessary, to

Resolution No. 22-30 Page 2 October 27, 2022
allow for social distancing to continue for both Council and Commission meetings, especially given the compact area that houses the Council Chambers. Resolution No. 22- 30 would allow teleconferenced meetings to continue for another 30 days, if needed.

RECOMMENDATION
That the City Council consider adoption of Resolution No. 22-30 - “A Resolution of the City Council of the City of Buellton, California, Proclaiming the Continuing Need to Meet by Teleconference”

ATTACHMENTS
Resolution No. 22-30 (Exhibit A)

RESOLUTION NO. 22-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, PROCLAIMING THE

CONTINUING NEED TO MEET BY TELECONFERENCE
WHEREAS, the City of Buellton is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City of Buellton’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is proclaimed and state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic; and
WHEREAS, on September 28, 2021 the Santa Barbara County Public Health Department put into effect measures requiring social distancing and other public health measures and restrictions to help combat the COVID-19 pandemic as referenced in Exhibit A; and WHEREAS, the State of Emergency and social distancing and other public health measures remain in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Buellton City residents notwithstanding the City’s vaccination rates and the Omicron variant is highly transmissible in indoor settings; and
WHEREAS, the City of Buellton has a relatively compact City Council chambers that does not allow for social distancing and a return to solely in-person meetings may discourage public participation and expose those present to a risk of COVID-19 transmission.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Buellton that:

Section 1. State of Emergency and Social Distancing. Due to COVID-19, the State of California continues to be in a state of emergency and the County of Santa Barbara continues to impose and recommend measures requiring social distancing and other, which measures make holding solely in-person City Council and other legislative body meetings difficult due to the compactness of the City Council chambers, the inability to have sufficient public presence at the meetings due to social distancing, and the potential of transmission of COVID-19 at meetings.

Resolution No. 22-30 Page 2 October 27, 2022
Section 2. Compliance with Government Code Section 54953. The City Council and other legislative bodies will continue to offer teleconference meetings and provide access to the public in accordance with Government Code section 54953(e).

Section 3. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of Buellton may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED and ADOPTED this 27th day of October, 2022.

__________________________________
Holly Sierra
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director/City Engineer
Meeting Date: October 27, 2022
Subject: Acceptance of the 2021/22 Road Maintenance Project ______________________________________________________________________________

BACKGROUND
At the June 25, 2022 Council Meeting, the City Council awarded a contract to American Asphalt in the amount of $356,915.90 plus a contingency amount of 15% ($53,537.39) for a total contract amount of $410,453 for the subject project. The project work included slurry seal pavement maintenance of the Meadow View neighborhood, as well as localized asphalt repairs in various locations throughout the City. In addition, repairs include pavement striping, localized concrete repairs, and traffic sign replacement. Staff has inspected the construction and is satisfied that the project plans and specifications have been met. Change orders included deductions of quantities for slurry seal and curb & gutter and addition of quantities for AC removal & replacement, sidewalk and driveways, and aggregate base. The net change order amount was an addition of $27,641.40.

FISCAL IMPACT
The final construction cost of the project, including change orders, was $384,557.30.

Funding for the construction of the project was allocated from Measure A Local Funds, General Fund and Gas Tax.

RECOMMENDATION
That the City Council accept the 2021/22 Road Maintenance Project and instruct the City Engineer to file the attached Notice of Completion.

ATTACHMENT
Attachment 1 - Notice of Completion

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is the owner or corporate officer of the interest or estate hereinafter described:

2. The full name of the owner is: City of Buellton

3. The full address of the owner is: 107 West Highway 246 P.O. Box 1819
Buellton, California 93427

4. The nature of the interest or estate of the owner is “in fee”

5. All work of improvements on the project hereinafter was substantially completed on September 30, 2022. The work done included the installation of black rock type 2 slurry seal throughout the Meadow Ridge neighborhood south of Highway 246 between Riverview Drive and Dairyland Road, including the southern cul-de-sac of Sycamore Drive; Various concrete sidewalk and asphalt concrete dig-out repairs; Replacement and restriping of pavement markers, traffic striping, and red curb in various locations throughout the City. All improvements were within the City of Buellton’s city limits.

6. The name of the contractor, if any, for such work of improvement was American Asphalt South, Inc.

7. The property on which said work of improvement was completed is in the City of Buellton, County of Santa Barbara, State of California, and is described as various streets within the City limits of the City of Buellton.

Dated: _________________________________
Linda Reid, City Clerk

VERIFICATION
I, the undersigned, declare that I am the City Engineer of the declarant of the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on October 27, 2022, at Buellton, California.
__________________________________________
Rose M. Hess, Public Works Director/City Engineer

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 7

To: The Honorable Mayor and City Council
From: Andrea Keefer, Planning Director
Meeting Date: October 27, 2022
Subject: Approval of Fall Fest Carnival on the Avenue of Flags

BACKGROUND
An application has been filed by Andres Nunos on behalf of En Fuego Events for the proposed Buellton Fall Festival Event. The proposed event dates are Friday, November 11th through Sunday November 13th, with set up beginning on November 10th and tear down concluding on November 14th. The applicant has requested that they be permitted to stage carnival equipment on the 518 Avenue of Flags property beginning on Monday, November 7th, with all equipment removed no later than Tuesday, November 15th. The event would include a three-day event on the Avenue of Flags Medians featuring a carnival with rides and games, live music on two stages, a street fair, and food and alcohol vendors. The event is proposed to be open to the public and admission to the event would be free. Attachment 1 includes an overall vicinity map and event site plan.

The event is proposed to be held primarily on Median 3, but will also include small portions of the southern end of Median 2 for a main entry/exit point and several food vendors. A portion of the event will also be held on private property, at 518 Avenue of Flags. This portion of the event will include a large portion of the carnival rides and games for the event. The property located at 412 Avenue of Flags, the location of Country Lane Motel, will be utilized for band parking. The property located at 560 Avenue of Flags is proposed to be used for vendor parking.

Street closures are proposed in order to accommodate the event. These closures are proposed to begin on Wednesday, November 9th and continue through Monday, November 14th, at which time all street closures will re-open. Attachment 2 includes a description of the proposed times/dates/locations of the proposed street closures.

Traffic will be re-routed for the duration of the event, beginning on Wednesday, November 9th, and ending on Monday, November 14th. Proposed street closures are included in Attachment 3 – Traffic Control Plan.

Fall Fest Carnival on Avenue of Flags Page 2 October 27, 2022 Parking/Traffic
The event is expected to generate a significant parking demand and will increase traffic temporarily in the area. As such, the applicant has provided a parking plan (Attachment 4) for the event. The goal of these plans is to provide adequate circulation and parking to accommodate the event, while minimizing the impacts to nearby residents and businesses. With an event of this kind in any location within the City, there will be short term adverse impacts to nearby businesses and residents. However, given the proximity of residences to both the event setup itself and the sources of available parking for the event, the need to direct traffic appropriately and for the applicant to provide sufficient parking capacity are paramount.

Traffic Control is extremely important to this event, given the complete closure of portions of Avenue of Flags, and the desire to keep commercial traffic off of Central Avenue. A series of signs directing truck traffic to McMurray Road from the southbound 101 off-ramp, along with “Resident Traffic Only” signs, will work to minimize traffic impacts on residential streets. Some locations on the streets will need to be actively controlled by a flagger.

Parking will be provided on the newly-constructed Median 2, at Pea Soup Andersen’s, and at the Chumash Resource Building property on McMurray Road. There will be two monitors for the duration of the event, one located near the Chumash Resource Building, as you approach the R.T. Buell overpass, and one on the other side of the overpass, as you approach the event entrance. This is to ensure the safety of guests utilizing the parking at the Chumash Resource Building. In addition to the designated parking areas for the event, there is also available street parking or other public parking, such as the Park and Ride at the south end of Avenue of Flags. It is anticipated that residents who live nearby will walk or be dropped off at the event.

Based upon the same event that took place last year, use of the offsite parking was limited. However, the applicant will still be providing offsite parking as an option and this parking is expected to reduce some of the on-street parking. Additionally, many attendees will be able to walk or cycle to the event, including residents along Avenue of Flags, to include the Rancho de Maria neighborhood, and significant portions of the City to the west of Avenue of Flags. Local hotel guests and guests of Flying Flags are also in close proximity and would not likely need to drive to the location to park.

Noise
The event will be located within the Right-of-Way along the Avenue of Flags and on private property within the immediately vicinity of existing residential uses. As such, the applicant will be required to employ a noise monitor for the duration of the event. The noise monitor will be responsible for monitoring noise levels and ensuring that amplified music, carnival rides and other noises generated from the event are maintained at levels appropriate to the time of day. The noise monitor should also be available by phone to nearby residents and businesses who should be given that contact number to call in the event that concerns arise. Additionally, the stage area should be positioned such that they

Fall Fest Carnival on Avenue of Flags Page 3 October 27, 2022 are directed away from nearby residences to the extent feasible to minimize noise impacts associated with the amplified music.

Safety
The safety of the event guests, staff and residents is the top priority. Numerous considerations exist for the protection of public safety through this event. The site layout and operational plans have been reviewed by the City Engineer, as well as the Fire Department and Sheriff’s Department and any requirements of these departments will be required to be followed for the duration of the event.

In addition to the selection of sites for parking, off site safety concerns include the traffic control to direct vehicles around the street closures, measures to protect pedestrians traveling to and from the event site, and maintaining access ways for emergency vehicle access throughout the event.

On-site measures include physical site security in the form of controlled access points, adequate circulation and visibility within the site, and staffing of critical locations with security guards. Additional security monitoring will be provided by a minimum of two Santa Barbara County Sheriff’s Deputies who will be on site during operating hours to provide a law enforcement presence.

Given the concern of the Sheriff’s Department regarding allowing two way access to the motel sites on a one way portion of Avenue of Flags, the applicant has proposed to close off Avenue of Flags to vehicular traffic, including to residents of those motels. To accommodate parking at these sites, the applicant is proposing to allow some of these residents to park on Median 2 for the duration of the event until streets are re-opened.

Staff is proposing to issue overnight parking permits to affected residents and guests to allow them to be parked during the hours when parking is prohibited.

Use of Medians
Special event applications typically do not require formal City Council approval, and instead require a staff level approval. However, due to the duration of the event and its location on a median of the Avenue of Flags (BMC Section 12.24.040), City Council approval is required for this event. A copy of the Draft Special Event Permit is included as Attachment 5. Conditions may be added, removed, or amended at this point, and staff is requesting input on concerns from the City Council to help finalize the conditions. As staff works with the applicant on final details of the event in the remaining weeks leading up to the event, additional conditions may be added to address any issues that may arise.

RECOMMENDATION
That the City Council review the Buellton Fall Fest Event plans and attachments and consider approval of the event from November 11th through November 13th, 2022, with road closures, and set up and tear down occurring between November 9th and November 14th, 2022.

Fall Fest Carnival on Avenue of Flags Page 4 October 27, 2022

ATTACHMENTS
Attachment 1 – Overall Vicinity Map and Event Site Plan Attachment 2 – Street Closures
Attachment 3 – Traffic Control Plan
Attachment 4 – Parking Plan
Attachment 5 – Draft Special Event Permit

BUELLTON FALL FEST KEY
STAGE

CARNIVAL RIDES / GAMES
BARS

FENCLINE

STREET FAIRE VENDORS

FOOD TRUCKS

SECURITY

EVENT BORDER

RESTROOMS

ENTRY / EXIT

EMERGENCY EXIT

EMT / SECURITY

FIRE HYDRANT
40 Ydr.

CLOSURE

CLOSURE
STAFF
&
PERMIT

PARKING
ONLY
VENDOR

PARKING
70’
195’
275’
275’

CARNIVAL

RIDES &
GAMES

FERRIS WHEEL

CARNIVAL RIDES / GAMES
ENTRY
EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT
EM. EXIT

BAR BAR
BAR
STAGE
MAIN
STAGE
315’
RR
RR
RR
NOVEMBER 11TH - 13TH
BUELLTON 2022
“FUN FOR THE
WHOLE FAMILY!”
20 X 30
TENT
20 X 30
TENT
20 X 30
TENT
ENTRY

EXIT ENTRYEXIT
CONTACT:

ANDRES NUNO
(805) 448-7070

MIKE VANSTRY
(805) 705-5993

EN FUEGO EVENTS
[email protected]
EMT

SECURITY

2022 Street Closures
Wednesday, November 9th, 2022
6 a.m. - Avenue of the Flags (Northbound) at 2nd Street to beginning of San Marcos Hotel
ursday, November 10th, 2022
6 a.m. - Avenue of the Flags (Southbound) from Parking Lot Entrance to 2nd Street intersection
(Closure will still allow tra c to go East / West on 2nd Street and through parking lot to Avenue of the Flags (Northbound) Monday, November 14th, 2022
6 a.m. - All street closures re-opened
En Fuego Events Contact:

Andres Nuno (805) 448-7070
info@sur
eerfest.com
Mike VanStry (805) 705-5993
[email protected]

Residents Only in center of
road on Type 2 Barricade
Electric Sign Board
with “Special Event
Ahead / No  ru
Tra
c / Detour to
Rufus T. Buell Rd. /
McMurray Rd.

Detour Ahead Sign (W20-2) along
road shoulder on Type 2 Barricade
Residents Only Sign in
center of road on Type 2
Event Parking Sign on
shoulder of road on
Type 2 Barricade
Event Parking Sign on
shoulder of road on
Type 2 Barricade
Detour with Le
Arrow sign
(M4-9) along road shoulder on
type 2 barricade.

Detour with Le
Arrow
sign (M4-9) facing
southbound tra
c on
type 2 barricade.

Detour w/ Right Arrow sign
(M4-9) along road shoulder
on type 2 barricade.

Detour with Right Arrow sign
(M4-9) along road shoulder
on type 2 barricade.

Detour with Right Arrow sign
(M4-9) along road shoulder
on type 2 barricade.

Special Event sign (SC5)
along road shoulder on
type 2 barricade.

Special Event sign (SC5)
along road shoulder on
type 2 barricade.

Detour with Straight Arrow sign
(SC9) along road shoulder on
type 2 barricade.

Detour with Straight Arrow
sign (SC9) along road shoulder
on type 2 barricade.

Detour with Straight Arrow sign
(SC9) along road shoulder on
type 2 barricade.

Detour with Straight Arrow sign
(SC9) along road shoulder on
type 2 barricade.

End Detour sign (M4-8a) along road
shoulder on type 2 barricade.

Road Closed sign (C2) on
Type 3 Barricade.

Entrance to Parking Lot &
Ave of Heights & Rufus T. Buell
Road Closed sign (C2)
on Type 3 Barricade.

Road Closed sign (C2)
on Type 3 Barricade.

Road Closed sign (C2)
on Type 3 Barricade.

No Right Turn sign (R3-
1) on Type 2 Barricade.

Road Closed sign (C2)
on Type 3 Barricade.

Road Closed sign (C2)
on Type 3 Barricade.

Ave of Flags
Central Ave.
2nd Street
Ave of Flags
McMurray Ave
Hwy 246
175’
300’
240’
625’
625’
625’
625’
BUELLTON FALL FEST TRAFFIC PLAN 2022
CONTACTS: Andres Nuno (805) 448-7070 • [email protected] Mike VanStry (805) 705-5993 • [email protected]
Electric Sign
Board with
“Special Event
Ahead / No
ru Tra
c
Detour with Straight Arrow sign
(SC9) along road shoulder on
type 2 barricade.

Nov. 11th - 13th, 2022

BUELLTON FALL FEST PARKING MAP
NOVEMBER 11 - 13, 2022

PERMIT PARKING
597 Avenue of the Flags

RESIDENTIAL

PARKING
ONLY

RESIDENTIAL

PARKING
ONLY

RESIDENTIAL

PARKING
ONLY

SYV MARRIOTT

PARKING ONLY

SYV MARRIOTT

PARKING ONLY

FREE EVENT PARKING
Pea Soup Andersens
376 Avenue of the
Flags

BAND PARKING
412 Avene of Flags
(Next to Country Lane
Motel)

BUELLTON

FALL FEST
McMurray Avenue
Ave of the Flags
Hwy 246
Southbound Hwy 101
Northbound Hwy 101

VENDOR PARKING

FREE EVENT PARKING
585 McMurray Ave.

Chumash Casino Resource Center

Event Title: Buellton Fall Festival – November 11-13, 2022 Set up/tear down dates: November 10 – November 14, 2022 Event Description: A free 3 day event on the Avenue of Flags medians featuring a carnival with rides and games, live music on 2 stages, a street fair and food and alcohol vendors.

The City has reviewed your Special Event Application among all departments and hereby approves the event with the following conditions:

1. Applicant responsible for site clean-up, mitigate impact on the Community and return location to pre-event condition.

2. Applicant is responsible for placement of all traffic control and barricades onsite and off-site at the adjacent residential neighborhood.

3. Compliance with the approved Traffic Control Plan is required. All traffic control devices shall be installed as indicated on the plan and all conditions of the plan shall be followed.

4. Pre/post event walk through will be required with Public Works Dept. to signoff on site conditions. Contact Rose Hess to schedule at 805-688-5177.

5. In the event that issues arise or damages occur as a result of the event, costs will be billed to the event organizer on a time and materials basis for repairs.

6. Require that vendors use weights to hold down tents to eliminate spikes being driven into the irrigation system. Applicant will be responsible for any irrigation repairs.

7. No barbeques or heat on the grass.

8. Applicant shall be responsible for any repairs due to any issues resulting from their use of electrical and water on the median.

9. Comply with all conditions of the Alcoholic Beverage Control permit including provide security officers on scene at opening of event, throughout event and ½ hour after the event ends.

10. Comply with all conditions listed on the Special Event Permit Application.

11. Per the Fire Department, maintain a 12’ wide emergency access lane.

City of Buellton
Special Event Permit
22-SE-08
draft

12. Compliance with the City’s Stormwater Best Management Practices (BMPs) is required. Applicant is responsible for ensuring that no dirt or debris impacts City roads or facilities.

13. Applicant shall provide notices to all residents potentially affected by traffic flow and parking impacts from the event a minimum of seven days (1 week) prior to event date.

14. The stage or speakers should point in a direction that has the least impact on adjacent neighboring residents. A noise monitor shall be employed by the applicant and that person shall be responsible for ensuring that noise levels of the amplified music do not exceed City requirements.

15. All music must stop no later than 9:45pm and volume of music shall begin to taper starting at 9:30pm.

16. Compliance with all Fire Department and other relevant agency requirements is required.

17. Take-down activities on Sunday, November 13th shall be done in a manner which keeps noise impacts to a minimum. No radios or other forms of music or other noise-generating activities beyond those required shall be done during the course of the take-down activities.

18. Security for the event is required to be provided by the applicant. There shall be a minimum of 16 security guards in place at the event at all times.

19. A minimum of 2 traffic control monitors shall be present at the Chumash Resource Building and event entrance during peak hours of event, on Saturday and Sunday. A minimum of 2 traffic control monitors shall be present during all event hours, including Friday.

20. Road closures shall only occur as approved, and shall only occur from Thursday 11/10/22 through early Monday 11/14/22.

21. There shall be one person designated as the point of contact for the event for the duration of the event to address any issues that arise. ____________________________ ___________
Scott Wolfe, City Manager Date
The undersigned hereby agrees to comply with all conditions included in this Permit Application and attached agreement and understand that this Permit is only valid for the Event as described in the Special Event Permit Application.

Signature _____________________________________ Date___________________ Print Sponsor’s Name and Title__________________________________________ Name of Organization___________________________________________________

City Use Only
 Application Complete
 Indemnification Complete
 Proof of Insurance Received
 $155 Application Fee Paid
 $2,500 Security Deposit
 $6,400 Sheriff’s Department Deposit

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Kyle Abello, Recreation Supervisor
Meeting date: October 27, 2022
Subject: Consideration of Arts and Culture Project Application:

Discovery Days
________________________________________________________________________

BACKGROUND
Applicant Ashley Jenkins is the Executive Director of the Santa Ynez Valley Children’s Museum, a local non-profit dedicated to building an outdoor children’s museum to offer hands-on programs to children and families. Following a successful series of programs funded by a previous Arts and Culture grant in the summer of 2021, the Museum is applying for an expanded Discovery Days Project for this coming summer.

The Project consists of two hour arts and crafts events on one Saturday a month in June, July, and August with a unique theme and activity for each: Fairy Houses, Mosaic Tiles, and a Painting Day. The events and all materials will be free of charge to participants. The applicant plans to hold the events at the future home of the Children’s Museum on the Willemsen property, but can utilize space at River View Park or the Botanic Garden if adequate parking is not ready at that time. The events are geared for kids aged ten and under, and the organizers expect to have 150-200 people at each one. In addition to creating a craft to take home, participants will be able to contribute to a creation that will become part of the future Museum. The Discovery Days will be promoted through flyers to the Valley schools and libraries, to preschool and homeschool parent groups, and through social media. The complete Application is included as Attachment 1.

The requested grant of $15,000 would be used for craft supplies, printing, and publicity. The details of the Project Budget are included as Attachment 2. Any unspent funds are required to be returned to the City.

The Arts & Culture Committee discussed the Project at length and recommended approval to the City Council.

Arts & Culture Project Page 2 October 27, 2022

FISCAL IMPACT
The grant request for the Discovery Days Project is $15,000. The FY 2021/22 Arts and Culture budget has $34,069 remaining.

RECOMMENDATION
That the City Council consider approval of $15,000 to fund the Discovery Days Project.

ATTACHMENTS
Attachment 1 - Discover Days Project Application
Attachment 2 - Project Budget

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
DATE: August 24, 2022
NAME OF PROJECT: Santa Ynez Valley Children’s Museum, Discovery Days Summer 2023 PROJECT DATE(S): June - August 2023, one day a month for the three months school is out, to offer summer bridge programming for families with children.

SPONSORING ORGANIZATION: Santa Ynez Valley Children’s Museum KEY ORGANIZER: Ashley Jenkins
CONTACT INFORMATION: [email protected]
TYPE OF PROGRAM: [ ] ARTS PROGRAM [ ] CULTURE PROGRAM [✅ ] BOTH TOTAL PROJECT BUDGET: $15,000 plus in kind donations of time and materials AMOUNT OF FUNDING REQUESTED: $15,000

HAS APPLICANT RECEIVED FUNDING FROM THE BUELLTON ARTS & CULTURE PROGRAM PREVIOUSLY? IF SO, WHEN WAS THE LAST TIME?
YES NO YEAR: 2021
HOW DID YOU HEAR ABOUT THE CITY OF BUELLTON ARTS & CULTURE GRANT PROGRAM:

Through Kyle Abello at Buellton Recreation

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

YES NO
However, lack of funding would mean charging participants and significantly scaling back the project. Full funding will dramatically increase community impact and involvement, especially provisioning programming for lower income families.

BUELLTON ARTS & CULTURE COMMITTEE

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

Description, Goals/Objectives
The SYV Children’s Museum provides opportunities for children and their families to learn while playing outdoors. Children learn important life skills such as critical thinking, collaboration, teamwork and resilience through play. We live in a beautiful valley with rich natural and cultural heritage and our goal is to make nature based play accessible to all families.

After a successful series of pop-up programming during 2021, we are planning 3 similar Discovery Days for 2023 to bring the wonders of nature and art to families in the valley. At each event, children will create artwork that will be incorporated into exhibits at the SYV Children’s Museum in addition to taking artwork back to enrich their own homes.

We will host three program days, one day a month for the three months school is out, to offer summer bridge programming for families with children. Our three programs will focus on creating Fairy Houses, Painting and Tile Mosaics. In 2021, over 100 people came out to build fairy houses and gnome homes. It was one of our best attended events. Participants will contribute to large, permanent fairy homes for the Children’s Museum with a wide variety of miniature and natural materials. They will also create a fairy door they can take home to their own gardens.

Our next project will be paint based and will involve either painting large sunflowers and bugs to decorate our entryway fence, painting larger rocks to line the museum pathways and smaller rocks as take home art projects, or contributing to a community art wall.

Our third community project will be making mosaic stepping stones by mixing cement, and embedding jewels and tiles in a creative design. These stepping stones will line the paths in the Museum fairy garden. Children will be able to make smaller mosaics to take home.

For our 2021 events, we were amazed at the turnout. Our previous budget was $12,000 for six events and we planned for 40 people at each event for an estimated 240 people served, which both we and the BACC were thrilled with. In actuality, we had 60 to 120 people at each event for a total of over 600 people served. What an amazing community turnout! We are asking for more money to serve more community members and to help fund the larger, permanent art projects that will go in the Children’s Museum long term.

While we hope to hold the event at the Children’s Museum site on the Willemsen property, we will discuss the best location for the events with the City Manager and have both Riverview and the SYV Botanic Gardens as backup locations.

Our marketing plan for 2021 Discovery Days was very effective and we expect success this year as well. We will reach out to Oak Valley, Jonata, Christian Academy, Solvang and Santa Ynez schools to communicate our summer dates to parents directly. We will have flyers in the neighborhood surrounding River View park as well at the local libraries and we will advertise on Facebook and the Next Door neighborhood app.

We understand the council has a limited budget for events in the coming year. Our events will be held in June, July and August of 2023 and, as needed, we could split the funding between fiscal years, with $5,000 of funding for June, and the remaining $10,000 for the subsequent events in the next fiscal year.

Goals and Objectives
We hope to bring fun summer activities for families to Buellton and get them excited about the upcoming Children’s Museum. When participants visit the Children’s Museum, they will get to see their art and creations on display as part of the Museum itself, giving them a sense of personal ownership. We hope these events will bring awareness to our site and project, which in turn will build Buellton’s reputation as a destination for families.

Key Organizer’s vitae / relevant previous experience
-Ashley Jenkins, former director of UCSD Challenge Course, Alisal Ropes Course 22 years as an outdoor educator and Boys and Girls Club Camp Whittier Arts and Ropes course Programs. -Debbie Roberts is our summer Discovery Days project coordinator. She has taught at UCSB, SBCC, Allen Hancock and Heartland Charter school as well as run summer camps for 15 years at Boys and Girls club Camp Whittier.
-Jody Carmichael works at both the Presbyterian pre-school and Buellton Rec.

Project partners and collaborators
City of Buellton- site and utilities
Buellton Parks and Rec- Support and partnerships
SYV Avid program- teen volunteers
Youth Empowered - teen volunteers
Acorn Village - marketing and volunteers
Oak Valley Elementary School - teacher and student participants and volunteers

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
PROJECT BUDGET DETAIL: Santa Ynez Valley Children’s Museum Discovery Days 2023
PROJECT FUNDING (list anticipated funding sources and amounts) — must equal Total Project Budget

SOURCE OF REVENUE AMOUNT
BACC Grant $15,000
Existing Supplies $3,000 value
Volunteers Free staffing
Site no cost
TOTAL $ 18,000
PROJECT EXPENSES (promotional materials; space rental; artist honoraria; advertising; etc.) — must equal Total Project Budget

EXPENSE CATEGORY AMOUNT
Fairy Houses $5,000
Mosaics $5,000
Paint Day $5,000
TOTAL $15,000

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
CHECKLIST OF ITEMS TO SUBMIT:

Completed application
If art, craft or other objets d’arte are to be exhibited or otherwise displayed, either links to artists/artisans websites, 4-6 digitized images (minimum 300dpi).

If music, dance or other types of performance work is to be presented, either links to the artists’ websites or digitized video of their work.

If your project or event will be held on public property (streets, sidewalks, parks), submit a completed Special Event Permit Application.

If your project or event includes temporary sales and the like on private property, submit a completed Temporary Use Permit Application. Consult the Quick Reference Guide for links to the application form and general information.

BUELLTON ARTS & CULTURE COMMITTEE
PROJECT FUNDING REQUEST FORM — BUDGET
Discovery Days 2023
TOTAL $15,000
Fairy Houses $5,000
Painting $5,000
Mosaics $5,000
Fairy Houses $5,000 Painting $5,000 Mosaics $5,000
Administration $500 Administration $500 Adhesive $100
Baskets $100 Bug Cut Outs $250 Administration $500
Beads $250
Decoratitive
Materials $250 Caulking $75
Containers for paint $100 Hand Wipes $50 Ceramic Figurines $325 Cordage $135 Liquid Adhesives $200 Containers $150
Crayons/markers $100 Marketing $300
Embelishments
and Jewls $350
Fairy Doors $250 Name Tags $50 Grout $150
Fairy Windows $150 Outdoor Paint $250 Grout Dye $150
Glitter glue $50 Paint $200 Hand Wipes $100
Glue $50 Paint Brushes $50
Handwashing
Supplies $100
Hand Wipes $100 Paint Pens $100 Hot Glue Refills $50
Hot glue guns and
sticks $100 Paper Goods $100 Mosaic Bases $400
Hot glue refills $100
Photographer/Vide
ographer $500 Mosaic Tiles $350
Jewels/decorative
materials $200 Printing Costs $200 Paper goods $200

Marketing $300 Rocks $100
Photographer/Vide
ographer $500
Minature Figurines $300 Storage Bins $300
Plastic Bins for
water $50
Moss and florals $100
Supply pickup/
transportation $230 Printing $250
Name tags $75
Volunteer
Supplies $100 Sponges $100
Paint $100 Wood burner $20
Stepping stone
Casts $400
Paint brushes $50 Wood Cutting $300 Storage Bins $300
Paper Goods $100 Wood Glue $50
Supply pickup/
transportation $300
Photographer/Video
grapher $500 Wood Sealant $400
Volunteer
Supplies $100
Power strips $50 Wood/Lumber $500
Printing/Signs $300
Storage Bins $400
String and ribbon $50
Super glue $20
Supply pickup and
transportation $200
Volunteer Supplies $200
Wood burner $20
Wood Glue $50

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 9

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: October 27, 2022
Subject: Discussion Regarding the Community Garden located on CityOwned Property at SE Corner of Second Street and Central Avenue for Community Garden
______________________________________________________________________________

BACKGROUND
On May 12, 2022, the City Council discussed and approved the use of the city-owned property at the southeast corner of Second Street and Central Avenue for a Community Garden. The garden would be operated and maintained by a newly formed Botanic Community Garden (BCG) non-profit organization. The same model of operations utilized for the PAWS Park and the Santa Ynez Valley Botanical Garden will be used.

BCG has provided the following information regarding the proposed garden:
 Requests City to provide water
o Water use estimate: 9-10 HCF/mo. (~0.30AF/yr.)
o Water meter size requested: ¾”
 Signage: BCG would like to install a temporary sign that will include “Future Home of the Buellton Community Garden”, with logo and graphics and a call to action.
 Insurance: BCG requests to waive insurance requirements until they begin construction.

Once details regarding the Community Garden are discussed and the Council comes to a consensus, a draft MOU will be brought back to Council for approval.

FISCAL IMPACT
No fiscal impact is associated with any direction requested in this report at this time.

However, future costs should the Council absorb water costs, would include installation of the meter: $286 meter cost plus staff time and materials cost to tap into the water main, and a connection fee of $3,038. Operations costs to the City would include monthly charges of $65.40 (meter charge of $35.51, plus estimated consumption charge of $29.89).

Buellton Community Garden Page 2 October 27, 2022

RECOMMENDATION
Staff recommends that the City Council discuss the items presented and direct staff as appropriate.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 10
To: The Honorable Mayor and City Council Members
From: Irma Tucker, Contract City Planner
Meeting Date: October 27, 2022
Subject: Conceptual Review of the “Feedstore Mixed-Use Development” Project 545 Avenue of Flags; APNs 099-282-008/009/013 and 099- 292-019

BACKGROUND
On behalf of Kerry Moriarty (Property Owner), Tony Cano (Applicant) of Agave Design Group has submitted conceptual plans for a proposed mixed-use commercial-residential development consisting of:
• Renovating the existing 8,625 s.f. Feedstore at 545 Avenue of Flags (previously occupied by Monighetti’s); potential tenants for the building include a brewery, wine tasting, food court, outdoor eating area, and related uses to be defined • Constructing two new residential buildings, each 2 stories (total 5,890 s.f.), on two vacant parcels on either side of the Feedstore; a total of 24 dwelling units are proposed consisting of both short-term and long-term rental housing The project site is located on the west side of Avenue of Flags, mid-block north of Central Avenue (Attachment 1 – Vicinity Map). The parcels are within the boundary of the Avenue of Flags (AOF, The Avenue) Specific Plan and have an underlying zoning designation CR (General Commercial). The proposed project description and concept plans are set forth in Attachment 2.

This is not an official project submittal. At this time, the Applicant is seeking conceptual review and land use policy direction first from the City Council to determine if this project would have the Council’s support before a formal application is submitted and reviewed by Planning Commission. At a minimum, a land use permit application for a Final Development Plan would typically be required for this type of a development project.

Other studies, permits and/or discretionary actions may be identified after the formal application is submitted.

Since this is a conceptual review only, Staff has not reviewed the project for detailed conformance with the Municipal Code or the AOF Specific Plan at this time. However, based on a brief review of applicable regulatory elements of the Specific Plan, the proposed

Feedstore Concept Review Page 2 October 27, 2022
project does not appear to comply with several fundamental requirements of the Specific Plan (see Staff Comments below).

The Council should consider this project in light of the overall Art Deco/Art Moderne design vision, Form-Based Code, development standards, on-street parking configurations, and circulation design standards established by the AOF Specific Plan for Buellton’s downtown.

STAFF COMMENTS
Preliminary Staff comments are summarized below; additional comments may be provided at the City Council meeting.
• Architectural design style - Agrarian/Modern Farmhouse is proposed, inconsistent with the Specific Plan. Art Deco / Art Moderne is the required design style for all new construction and any exterior alteration of an existing building that requires a building permit.
o If no substantial exterior alterations or changes in the footprint or building envelope are proposed and if no building permits would be required, the exterior of the existing feedstore building may potentially retain the existing Agrarian Style. However, if the feedstore is to be considered as part of the unified horizontal mixed-use development project with the proposed new residential buildings, Art Deco design style would apply to the exterior upgrades. o The two new residential buildings would need to be designed in the Art Deco / Art Moderne style.
• Residential use - is not allowed on the ground floor of properties fronting on the Avenue of Flags.
o The proposed two new residential buildings would need to have non-residential uses on the ground floor, and shall not have parking, garages or similar uses fronting on The Avenue.
• Parking – Required and proposed parking require further evaluation, and clarification of inconsistencies; street parking shall not be counted toward fulfilling the base parking requirement for the proposed project.
o Total required & proposed on-site parking –
- as designed, the project would require a total estimated 58 on-site parking spaces
- 22 on-site spaces are proposed, falling 36 spaces short of the on-site requirement
- The project description states than an additional 32 diagonal parking spaces are provided on-street (on AOF right-of-way) and are proposed to be counted toward fulfilling the project’s parking requirement. The AOF Specific Plan does not allow diagonal parking at this location. It is noted that the on-street parking count of 32 diagonal spaces appears

Feedstore Concept Review Page 3 October 27, 2022
to be inconsistent with the Applicant’s Parking Evaluation Report (Attachment 3), which states that 17 diagonal spaces could be provided on-street.

o Parking analysis for the proposed new 24 new residential units (mix of 1- bedroom and large studio dwelling units)
- Required parking is 24 on-site resident spaces plus 5 guest spaces, for a total of 29 stalls on-site.
- Proposed parking is 16 spaces on-site, with an additional 14 diagonal spaces shown on The Avenue.
- In addition, hardly any sidewalk width is shown at the front of the residential buildings; the proposed diagonal parking cuts into the 12 foot wide sidewalk improvements required by the Specific Plan, which is an important consideration at this location give its proximity to the Town Plaza corner at AOF and Second Street.
o Parking analysis for the existing 8,625 s.f. feedstore building, which is being proposed for commercial uses consisting of a “high profile Family Brewing Company”; the specific uses need to be further described to allow for an accurate determination of parking requirements.
- Based upon a typical commercial parking requirement of 1 space per 300 s.f. of space for retail and service uses, the building would require 29 parking spaces;
- The project appears to propose 6 spaces on-site, and additional on-street diagonal parking.
• Lot Line Adjustment - Multiple lot lines exist and may potentially bisect proposed buildings, which is not allowed. This needs further review, and the project may potentially require a Lot Line Adjustment or other similar solution to address the situation.
• Deviations from the AOF Specific Plan - The proposed project would require the following exceptions:
o Changing the architectural design from Art Deco to Agrarian/Farmhouse in order to conform with the existing building style. The project is designed as a "Horizontal Mixed-use development" whereby the two new structures in the Modern Farmhouse style would complement the existing Agrarian design style of the Feedstore.”
- Staff Note: in order to allow for potential residential uses on the upper floors, the two new structures would need to be designed as individual mixed-use projects, with non-residential uses on the ground floor. If it is the intent to consider the entire site to be one unified, horizontal mixed-use development, then a Final Development Plan would be required to include all existing and proposed buildings on the property

Feedstore Concept Review Page 4 October 27, 2022
and the Art Deco/Art Moderne design style would apply to all structures.
o Reduction of on-site parking requirements; of the 58 spaces required, the project appears to be proposed 22 on-site parking stalls, with the remainder of the parking requirement accommodated by street parking on The Avenue and elsewhere
o Allowing residential uses on the ground floor of properties fronting on The Avenue
o Allowing the construction of diagonal parking in an area where such parking is not allowed; parallel parking is designated for this portion of The Avenue o Potentially deviating from the adopted roadway design standards along the AOF frontage
• Specific Plan Amendment - Fundamental deviations from the AOF Specific Plan such as changing the design style to Agrarian/Farmhouse, allowing residential uses on the ground floor along Avenue of Flags, and deviating from several aspects of the adopted roadway design standards are considered major changes that would substantially alter the original intent of the Specific Plan. A Major Specific Plan Amendment would need to be requested and would require approval by both the Planning Commission and City Council.
• DOR Program - The Applicant is not seeking participation in the Specific Plan DOR program of development incentives in return for public benefits as a strategy for potentially allowing some of the exceptions being requested. o The Specific Plan established the DOR program specifically to allow for potential development incentives such as reduction of on-site parking requirements and to allow street parking to be counted toward meeting the project’s required parking.
o The Applicant summarizes the Community Benefits of the project as being, simply, that renovation of the existing building and construction of new buildings along the Avenue would represent an overall benefit to the community. No measurable community benefits are proposed by the Applicant in return for the incentives being from the City.

RECOMMENDATION
That the City Council review the conceptual plans and provide direction to the Applicant regarding the project.

ATTACHMENTS
Attachment 1 – Vicinity Map
Attachment 2 – Project Description & Concept Plans
Attachment 3 – On-Street Parking Evaluation (April 27, 2022)

Attachment 1 - Vicinity Map
¯ 0 70 140 280
Feet
APN 099-282-008,009, 013, 099-292-019
(Feed Store Mixed Use Development Concept Review)

JQN I,Ah{D USE PI-ANNIITG
Feedstore Development Project
Avenueofthe Flags
Buellton, CA
ched is the "Feedstore Developrnent Project" for your review. The project will be a commercial evelopment made up of the following mlxed uses:

Renovation of the existing Feedstore building located at 545 Avenue of the Flags {AOF) New construction of two {Z-story} buildings housing both short-term and long-term rental units.

One building willbe located on tfre south yard of the property and the other building will be located on the north yard (currentlv housing Olivera car storage) The project will provide a s.ubstanrtial increase in parking along the AOF The project will provide a continuance of the public sidewalk currently ter.minated at the southern boundary of the Vintage Walk development (provide address) r The project site f;s located on the Avenue of the Flags in the City of Buellton r The project site [s approximately one acre and is comprised of four contiguous parcels {APlVs 099-282-008, 009, 01"3 & 099-292-019)
r The project site zoning is CR / General Commercial and is located within the City's Specific Plan boundaries for Redevelopment of the AOF
of Work
existing Feedstore structure will be enhanced with new exterior siding, window trim, roll-up front oors, enhanced public restrooms, signage and exterior paint. Minimal interior improvements are roposed other than enhanced public restrooms. New interior improvements are to be provided by the tenant, under a separate tenant improvement, including: a brewery, food court, wine tasting and ated uses, as well,as an outdoor eating area.
ew construction will consist of two {2-story} buildings, each building to house short term and long term I units. Water and sewer service will be provided by the City and each unrit will have individual gas nd electric meters. The design style of the new structures will be Moder.n Farmhouse to match the nt Feedstore / Barn architectural style. The design is intended to highlight the historical charaeter Buellton.
rental units will be a combination of two-bedroom, orre-bedrsom and studio units to provide the flexibility of uses to "create a vibrant downtown core with a thriving mix of land uses and public . Units facing AOF will be shoft term units providing commercial uses with frequent turnover of sts {like a hotel).
arking and AOF street improvements for the Feedstore Developrnent Project are intended to follow the ntage Walk Pt oject, with the majority of parking to be diagonal along the street, designed to meet the uiding principles and design objectives of the AOF-Specific P[an, encouraging shared parking facilities a
a
I
o
POST OFFTCE tsOX 847 . LCJS CILIVOS, CALIFORNIA gw&r . Ph (8os) 68a-4iwa

.,}CNI I-,AFJD USE, PL.\NF{II\G
ere cars, bikes and pedestrians can safely share and have easy access to the'amenities along the AOF. existing sidewalk and bike path in front of the Vintage Walk ProJect would continue sguth along the F frontage, t32) diagonal parking spaces would be added to the AOF frontage. {16) on-site parking aces (8 per building| are proposed for the rental units with access frrom the alley (western boundary of property).
c Renovation of the existing Feedstore Building, upgrading exterior design r Provldes additional rental housing units
r Provides commercial activitles fbr the local and visiting communlties (food and beverages) e Project wiil enco:urage development along the AOF
o Project provides mixed'used developrnent along theAOF summary, the Feedstsre Development Project, will become the next project to fulfillthe goals of the nue of Flags Specific Plan, encouraging diversity through a rnixture of uses, r:evitalizing existing velopment and providing a comrnunity-orientated development in a realistic, flexible, and plementable program.
e look forward to your revlew and support.
ry Truly You
Planning, LLC
POSf OFFICE BOX 8/'? . LOS ottVOS, CALIFoRNT.A 93441 . ptr (805) 8AA-4gl4

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Outli
Summary Reprtrt
ing recommendations to develop Quellton
economic vitality

(<a,lalu
City of Buellton
Professional Advisory Service
Delivered by
The Qalifornia Association for Local Econnrnic Devrelopment (GALED) 550 Bercut Drive, Suite G
Sacramento, CA 95811
F"ebruary 28,2008
Jverview:
' !:'
f n February 28, 2008, the City of Buellton sponsoreld a CALED Professional \dvisory Service (PAS) to provide the comryrunity wilh advice on options for urther developing local economic vitality, The PAS team members consistecj of:
landy Starbuck, Director of Redevelopment, Pittsburg, California, Wes Ervin, :conomic Delelopmerrt Manager, C:ounty ol''/olo, and Bill Davis, Consultant, erview:

ALED,
ity staff provided PAS team members with relervant background plans, studies nd meeting (ninutes to review prior to the PAS site visit, At the site visit, Citv staff nd Economio Development Task Forr:e members brief'ed the CALED team and rovided a tQur of key components of the community relevant to economic evelopment, Tlre CI\LED team interviewed over '15 keV stakeholders in the ommunity including City Council rnenrbers anol local business owners, The PAS eam conferrQd to cornpare notes, identify prelvalent themes, observations, and indings and tp <levelop recommendiations, The, main focus of the deliberation as: "in what Ways and how should the comrnunity organize and move forward o develop su$tainable and effective economic development efforts?" omme cla

1. Move the Visitors Bureau out from
Vintage Walk project, Success of
private sector investment in ilre
essential to the success of that
behind Pea Soup Andersen's and into the
the Vintage Wialk, the first and latest major
revitali;zation of the Avenue of Flags is
revitalization. Prominently sign the Visitors
visitors l-reading up the Santa Ynez Valley,

2. Establi
Bureau ip key loc;zrtions to capture
econo
a Special Assistant to the cit'y Manager position to focus orl ic development (incluciing Reclevelopnrent) and other issues that might a as needed by the Council, Thi:; focused energy will help you take the nec ry first steps as you move ect'onomic vitality efforts forward. This can na a particular impact on the speed with uihich the Avenue of Flags is rmprov
alifornia Assoc tion for Local Economic Deaelopment Page 1,

February 28,2008
lncorpor ter urban entertainrnent principles into the planninq, desi and c. Cuantitativerlv ldentifv tourism oppor:runities and collectivelv determine your bran.cl (e,g."The HUB', "liervice Town"; "Wine", "Auto" " GatewaV" , or various combinations)
Obtain community consensus (based on but not solely consisting of an!lytical identification) on targeted industries for the future economic vitality of the cornmunity, Develop tlre infrastructure (utilities, telecom, etd) to meet the needs of the desireci industries,
Estbblish how multiple partners (City, Chamber of Commerce, Visitors Bureau, businesses, etc ) will organize to implement business retpntion /expansion plan and business attraction plan ldentify performance measures, assign responsibilitiers and implement, 7, ldentify ourrent and potential absorption frrr industrial sites, How many years of invenforv for industrial property do you have remaining? What is the remaining industriell property suitable for? \l/hiat size and type of industrial sites are neeQecJ for economic expansion/retention and attraction opportunities to diversify econornic base,
8, As you tlrink about job creation, think about the workforce for these jobs Where will they come from? Stagnation is not a realistic or preferred option Commuqicate regularly with citizenry, People want to know more ln terms of the thoughrts, cenversations, projects ancl directions the City is taking to increase vitality of the community, Constant, proactive and regular commuriicz:tion is essential as the City step:; out in ecenomic development Invest in obtaining consensus on the vision for the Avenue of Flags 3,
4 5
al
alifornia Associ tion for Local Economic Deaelopment Page 2

City of Buell Professional Adois oty S eraice
O bservations:
private investment,
The City ha$ in-plac<l one
Redevelopment Project Area
decisions
teverage
of the best ecorromic development tools: a
in the core of the communitv.

There is a strong commitment and willingness to move l'orward in developing the economic vitality of the community, We hearrl ;a consistent message and desire for more and better jobs, more diversity in the e(lonomic base of the community and the revitalization of the Avenue of Flaos.

Success of the Vintage Walk project is critical to promoting future investment on the Avenue of Flags.

The scale and size of the community and its economic development does not warrant a full-tirne ec;onomic development position but it is critical to have a qualified staff person focusing a third to half of their time to moving comprehensiVe economic development components (strategy) forward There are many good ideas for people-friendly uses to fill the space on the Avenue of Flags but not consensu:r. Civic tlenter, design district, farmer's markets, annual events, unifying bronze statue theme, shady picnic atea, comrnercial for tourisl industry, blend of office and tourism, automobile theme, "Service Town IJSA", c;ost effective fuel, motel, auto services, food, supplies, souvenirs, recl'eeltion/entertainment, rnedical uses, bike, specialty grocery, City Hall with its 16 enrployees is nol a significant driver of visitor traffic. lf the library and ttie sheriff are added you might have something, But, other uses may provide a stronger economic errgine. The question is what will draw tral'fic off the freeway and from around tlre region,
Highway 101 is er significant barrier between the Avenue of Flags and attractions and visitors on the east side of the freeway. Retain the footbridge easernents This will be an important link in the l'uture,
Signage on US.101 directing tralfic to the A,venue and its amenities is an important component, once you have attracl.ions for a draw; California Association for Local Economic Lleztelopment Page 3

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OEG Ref 2I-t20I
it 27,2022
rry Moriarty
oriarty Property Company
97 Avenue of Flags #L04
ellton, CA 93427
On-street Parking Evalr:ation for the Feedstore Project - Avenue of Flags, Buellton' ear Mr, Moriarty:

Engineering Group, Inc. (OEG) has prepared the following letter report for an access and frontage ovement evaluation for the subject project, Based the project descriptir:n provided by Tony Cano, old feedstore on Avenue of Flags will be remodeled, The current site plan is attached, The Citv of uellton has questions and concerns with the frontage design and on-street prarl<ing design proposed by e project, This letter report discusses those concepts and concerrls, project proposes to improve and repurpose the existing 8,636 square foot Monighetti's feed store to visitor serving use, On-site off-street parking for 6 vehicles is proposed in addition to L7 angled on-street rking spaces. An improved sidewalk: and bike lane along the project frontage would be maintained nsistent with the parking and bike lane treatment on Avenue of Flags to the north of the project, 201"8, the City of Buellton developed a specific
ithin the circulation element section program 17
installed on both sides of the Avenue between
plan for future development along Avenue of Flags.
(paee 1-7) notes that on-street angled parking should
Highway 246 and Damassa Road as envisioned in the
venue of Flags/Highway 246 Urban Design plan,
ter in the Specific Plan (Chapter 3, page 3-20), the document depicts a switch to parallel parking along e center median and along the curb ljne in front of the project site, the north of the project site, angled parking exists along the westside of the Avenue with no parallel rking along the center median southbound approaching the project site, There is also a raised trian crosswalk just north of the site designed to slow traffic tc.r 25 MPH or less. The bicvcle lane is nstructed with a buffer between the rear of the parking stalls and the bike lane. The bicvcle lane is also ineated with green traffic paint to highlight bicycle use for motorists. Over the past severalvears, there ve been no reported auto-verses-bicycle crashes in the area of the Avenue,of Flags where the bicycle ne is located behind the angled parking spaces, A pedestrian sidewalk also exists to the north of the ect site,
e project is proposing to continue thi:; parking, bicycle and pedestrian layout along the project frontage, Po Box 2934 , Prescott , AZ . 86302 , 805-680-1586 . steveoeg5T@gmail,com

Feedstore Project
April27,2022

Should the parallel parking along the center median be nraintained and placed along the project frontage as depicted in the Chapter 3l exhibit in the specific plan, traffic will need to jog over approximately 9 feet to avoid the parked vehicles along the median. At 25 MPH, that distance would be 95 feet to move through traffic from along the center median to the north of the project to a location where median parking could be located. The exhibit in the Specific Plan does not acknowledge this distance. When this taper is constructed, it would remove four parkirrg spaces from along the center median, When the proposed layout with angled parking is constructed, the taper is not required since the proposed parl<ing layout would be ccrnsistent with the angled parking to the north of the project site. The project could provide il7 angled parl<ing spaces along the frontager while the Specific Plan layout for the median would only accommodate l-1. parking spaces. The project layclut proposed would not only increase the available on-street parking supply by six (5) parking spaces but would imprrove the overalltraffic safety by not forcing vehicular traffic to move from one side to the other. Continuing the angled parking would be consistent with the Urban Design Plan but would also improve motorist and bicyclist expectations by providing consistent layout.

RegolnEte-n_dgli_gng
The proposed angled parking layout along the project frontage i:; consistent with the Avenue of Flags Urban Design Plan and would provide additiorral on-street parking opportunities along the Avenue, over that planned as parallel parking along the center median. T'he proposed parking and bicycle lane layout would be consistent with thel layout trc the north of the project site that has been demonstrated to operate well. lt is expected to continue good traffic operations as the wider two-lane portions of the Avenue are reduced to one-lane combined with the traffic calming elements irrstalled and planned to be installed.

This concludes our trip generation and road improvement fee calculation for the proposed project. Should you have any questions, feel free to contact us.

Sincerely,
Ste-f*r'etr' A OroVStephen A. Orosz, P.E.

Traffic lingineer
Orosz Engineering Group, Inc.

Enclosu re
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PO Box 2934 . Prescott . AZ . 86302. 805-680-1586 . steveoeel5T@gmail"com

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 11
To: Honorable Mayor and City Council Members
From: Scott Wolfe, City Manager
Meeting Date: October 27, 2022
Subject: Consideration of an Affordable Housing Agreement for the 518 Avenue of Flags – Mixed Use Development Located at 518 Avenue of Flags
______________________________________________________________________________

BACKGROUND
On March 24, 2022 , following a presentation by the applicant’s consultant team and the opportunity for public comments , the City Council adopted the resolution approving the development entitlements for the project, after which they then conducted the introduction and first reading of Ordinance No. 22-05, authorizing the City Manager to execute the negotiated Development Agreement. The second reading of this ordinance was held on April 14, 2022, and the ordinance was adopted.

As a provision of the development entitlements and the Development Agreement, an Affordable Housing Agreement is to be executed between the City and the Developer (the 518, LLC) to establish the method that will be used to meet the affordable housing requirements for this project, pursuant to state law and the City’s Affordable Housing Ordinance (Buellton Municipal Code Chapter 19.16).

Given the sharply increasing costs of development, the thin margins for this project, and the difficulties associated with obtaining financing for the project, the applicant has asked to be relieved of the requirement to provide affordable housing units on-site. The reasons presented for the request were confirmed by the City’s economic consultant, Kosmont Companies. While the City cannot waive the requirements for affordable housing in residential project, the City does have the ability to accept an in-lieu payment instead. The amount of this payment is calculated using the County’s Housing Income and Price Guidelines.

On September 30, 2022, the Ad Hoc Committee for Avenue of Flags Development (Mayor Sierra and Councilmember Sanchez) met to discuss the applicant’s request. During this meeting, an approach was negotiated. The terms of this approach are as follows:

Affordable Housing Agreement Page 2 October 27, 2022
– 518 Avenue of Flags
a. The owner shall pay to the City an in-lieu payment as required for 2 moderate income units, 2.4 low income units, and 3.6 very low income units. b. The in-lieu fee amounts established by the County of Santa Barbara for the Santa Ynez Valley in effect at the time of this Agreement shall be used. This results in a total payment of $1,023,400, to be paid at time of occupancy. c. Should occupancy of the project not occur within two years of the effective date of this agreement, the owner may pay the amount immediately or may choose to pay the fee at the then-current rate in effect calculated at the time of occupancy
Both members of the Committee and the applicants’ representatives agreed with these terms, and they are recommended to the City Council for adoption as part of the Affordable Housing Agreement.

The in lieu fees paid by the owner as part of this agreement will fund the now-depleted Affordable Housing In-lieu account. The funding would represent an amount which far exceeds the largest amount of funds ever held in this account, and may be used for any purpose deemed appropriate by the City Council for furthering the development of affordable housing.

FISCAL IMPACT
The fiscal impact associated with this agreement would result in One Million twenty-three thousand, four hundred dollars ($1,023,400) being placed in the City’s Affordable Housing In-lieu fund account. No General Fund impacts are anticipated.

RECOMMENDATION
That the City Council consider adoption of the accompanying draft Affordable Housing Agreement

ATTACHMENTS
Attachment 1 - Draft Affordable Housing Agreement

1 650\154\2911724.3
RECORDING REQUESTED BY AND RETURN TO:

City of Buellton
107 W. Highway 246
Buellton, California 93427
Attention: City Manager

APN: 137-090-067 (Space Above This Line for Recorder’s Office Use Only) Exempt from recording fees pursuant to Govt Code 6103

AGREEMENT TO PROVIDE AFFORDABLE HOUSING

CITY OF BUELLTON
THIS AGREEMENT TO PROVIDE AFFORDABLE HOUSING (this
“Agreement”) is made and entered into for reference purposes only as of October 27, 2022, by and between the CITY OF BUELLTON, a general law city (the “City”), and The 518, LLC, a California limited liability company (“Owner”), collectively referred to as the “Parties.” The Parties agree as follows:

RECITALS
A. Owner owns fee title to that certain real property located at 518 Avenue of Flags the City of Buellton, California, known as Santa Barbara County Assessor Parcel Number 137-170-006, and more particularly described in Exhibit A attached hereto (the “Property”) .

B. Pursuant to Final Development Plan Approval 21-FDP-05, the City approved the following:
(i) The Final Development Plan for the Property, including site and floor plans and architectural renderings for developing 5,511 square feet of ground floor commercial space in
Building #1, situated along the Avenue of Flags frontage; and 48 multi-family residential units located above the commercial space in Building #1 and also in a separate
building complex, Building #2, which is located along the Second Street frontage of the property. The project includes eight (8) affordable units; ground level parking with 98 spaces, both outdoor and indoor via a parking garage in Building #2 under the residential units. Amenities include:
outdoor common areas (Building #1 ground level Town
Plaza corner courtyard, Building #2 courtyard/outdoor
living space with shared BBQ and seating, 8 roof decks, pedestrian “amenity bridge” that connects the two buildings and provides views of the surrounding area); indoor
common areas (gym/yoga/lounge areas and banquet room);

2 private outdoor decks for 43 of the 48 dwelling unit; two elevators; mail, laundry and bicycle storage rooms for
residents. Located on a 1.22 acre parcel at the northeast corner of Avenue of Flags and Second Street, the proposed new buildings will be an average of 41 feet in height with tower elements extending to approximately 46 feet
(“Project”).

C. The City has determined that as part of the approval for the Project, a condition of approval that Owner comply with the Affordable Housing Ordinance (AHO) is required in accordance with Municipal Code Chapter 19.16 and as set forth in the Planning Commission Staff Report dated March 3, 2022, as applicable.

Compliance as detailed in the AHO includes but is not limited to:
a. Inclusionary Zoning and Affordable Units. At least 15% of the 48 residential units, total of eight (8) units, shall be developed as Affordable Units (as defined in the AHO).
b. Affordable Housing Agreement. As a condition precedent to obtaining any building permits, the Applicant shall prepare and submit an Affordable Housing Agreement for review and approval by City Council for the purpose of detailing and ensuring compliance with the AHO. The Affordable Housing Agreement shall be recorded against the property prior to issuance of said permits.

D. The City has further determined that as part of the appoval for the Project, Owner must also comply with negotiated terms in the Development Agreement (21-DA-01) and this Agreement, to be approved by City Council.

E. Owner desires to comply with the conditions of approval and AHO by paying a negotiated amount of fees to the City in lieu of holding available for rent or lease such number of dwelling units within the Project for rent to income-eligible tenants at affordable housing costs.

F. City has separately determined that the receipt of in-lieu fees is specifically allowed by Section 19.16.014 of the AHO because the Project is located in what was a redevelopment area, the in-lieu fee is necessary due to recent inflationary activity in the nationwide economy, and payment of the fee will further the purposes of the AHO by allowing the City to financially support the creation of affordable units as per section 19.16.022 of the AHO.

G. The purpose of this Agreement is to document the requirements for payment of the in-lieu fee and ensure that the Owner complies with the conditions for payment of same.

3 NOW, THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Definitions. Except where otherwise noted, the definitions appearing in this Section apply throughout this Agreement. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise.

1.1 Affordable Unit. The term “Affordable Unit” means eight (8) residential apartment units located on the Subject Property that are to be made available for rent or lease to Qualified Tenants on the terms and subject to the conditions set forth in Section 4, 5, and 6 of this Agreement.

1.2 Applicant. The term “Applicant” means any Household who applies for an Affordable Unit.

1.3 Area Median Income. The term “Area Median Income” means the annual median income for the County of Santa Barbara set forth in the County Housing and Income Guidelines.

1.4 Certificate of Occupancy. The term “Certificate of Occupancy” means a certificate issued by the Building and Safety Department, County of Santa Barbara (acting on behalf of and through the City of Buellton) of a certificate signifying completion and approval for initial occupancy of the Project.

1.5 City. The term “City” means the City of Buellton and its permitted successors and assigns.

1.6 County Housing Income and Price Guidelines. The term “County Housing Income and Price Guidelines” means the Housing and Price Guidelines for Santa Barbara County as determined by HUD and Santa Barbara County’s Housing Element Implementation Guidelines, and annually updated. The 2022 County Housing and Income Guidelines are attached hereto as Exhibit E.

1.7 Effective Date. The term “Effective Date” means the date of the recordation of this Agreement in the Official Records of Santa Barbara County, California.

1.8 Family. The term “Family” means two or more individuals, whether or not they are related by blood, marriage, or adoption, who live together in a dwelling as a single housekeeping unit.

1.9 Household. The term “Household” means an individual, or two (2) or more Persons related by blood, marriage, or adoption, or two or more unrelated Persons, excluding employed servants or paid live-in companions, residing together as a single housekeeping unit in a dwelling.

1.10 Household Income. The term “Household Income,” as further qualified in Exhibit D attached hereto, means total anticipated income of an Applicant or a Household

4 occupying an Affordable Unit for the twelve (12) month period following the date of application or income re-certification.

1.11 HUD. The term “HUD” means the Department of Housing and Urban Development of the United States of America, or its designee.

1.12 Income Categories. The term “Income Categories” means the following categories:

1.12.1 Low Income Category. The “Low Income Category” encompasses all Qualified Tenants whose Household Incomes qualify as Low Income.

1.12.2 Very Low Income Category. The “Very Low Income Category” encompasses all Qualified Tenants whose Household Incomes qualify as Very Low Income.

1.13 Initial Lease Up Period. The term “Initial Lease Up Period” has the meaning ascribed to it in Section 5.2.4.

1.14 Initial Selection List. The term “Initial Selection List” has the meaning ascribed to it in Section 5.2.2.

1.15 Initial Selection Period. The term “Initial Selection Period” has the meaning ascribed to it in Section 5.2.1.

1.16 Lease. The term “Lease” has the meaning ascribed to it in Section 5.5.

1.17 Low Income. The term “Low Income” encompasses all Applicants whose Household Incomes do not exceed the qualifying limits for Low Income households set forth in the County Income and Price Guidelines.

1.18 Market Rate Unit. The term “Market Rate Unit” means a dwelling unit within the Project that is not reserved for occupancy by a Qualified Tenant or is not otherwise subject to the affordability covenants set forth in this Agreement.

1.19 Marketing Plan. The term “Marketing Plan” has the meaning ascribed to it in Section 5.3.

1.20 Maximum Allowable Rent. The term “Maximum Allowable Rent” means the maximum allowable rent for each Income Category set forth in the County Housing and Income Guidelines.

1.21 Moderate Income. The term “Moderate Income” encompasses all Applicants whose Household Incomes do not exceed the qualifying limits for Upper-Moderate Income households set forth in the County Income and Price Guidelines.

1.22 Owner. The term “Owner” means The 518, LLC, a California limited liability company, and its successors and assigns.

5 1.23 Parties. The term “Parties” means and includes the City and the Owner. Within this context, the definitions set forth below also apply throughout this Agreement:

1.24 Person. The term “Person” means any individual, Family, partnership, corporation, or association.

1.25 Project. The term “Project” has the meaning ascribed to it in Paragraph B of the Recitals.

1.26 Property. The term “Property” has the meaning ascribed to it in Paragraph A of the Recitals.

1.27 Qualified Tenant. The term “Qualified Tenant” means an Applicant whose Household Income meets the occupancy restrictions specified in Section 6 hereof. A tenant whose Household size, irrespective of Housing Income, exceeds the maximum number per Persons appearing in the County Housing and Income Guidelines for the corresponding number of bedrooms shall not be a Qualified Tenant for the purpose of this Agreement.

1.28 Rent. The term “Rent” means the total of all rent payable to the Owner for the use and occupancy of the Affordable Units and the land and facilities associated therewith plus the Utility Allowance.

1.29 Subject Property. The term “Subject Property” means the separate parcel comprising a portion of the Property on which the Affordable Units are located, as set forth in the Tentative Map.

1.30 Term. The term “Term” means the term of this Agreement set forth in Section 3.

1.31 Unit Type. The term “Unit Type” means the size and amenities of a particular dwelling relative to number of bedrooms, quantity of baths, total square footage and similar distinguishing factors.

1.32 Very Low Income. The term “Very Low Income” encompasses all Applicants whose Household Incomes do not exceed the qualifying limits for Very-Low Income households set forth in the County Income and Price Guidelines.

2. Purpose and Scope of Agreement. Owner understands that the purpose and objective of this Agreement is fulfill the Owner’s obligation to provide housing affordable to income eligible families by contributing funds to the City’s Affordable Housing In-Lieu fund.

2.1 Payment of In Lieu Fee. Owner has elected to comply with the AHO as found in Chapter 19.16 of the City Municipal Code by paying an in lieu fee of one million twenty-three thousand four hundred dollars ($1,023,400.00). This fee shall be deposited in the City’s Affordable Housing Trust Fund in accordance with Section 19.16.022.

2.2 Calculation of In Lieu Fee. The Parties agree that the calculation of in lieu fees shall be in accordance with the Santa Barbara County In-Lieu Fee Calculations and the above amount is reflective of these calculations.

6 2.3 Payment Schedule. Following execution of this Agreement, Owner is required to pay City the entire one million twenty-three thousand four hundred dollars ($1,023,400.00) in accordance with the 2022 Santa Barbara County In-Lieu Fee calculations for two (2) moderate income units and six (6) units of low/very low affordability on or before the date that Owner receives a certificate of occupancy or other entitlement to allow use of the building constructed as part of the Project.

3. Term. This Agreement shall commence on the Effective Date and shall remain in effect for fifty-five (55) years thereafter, provided that the Project is completed. Should Owner fail to make one or more payments as required by Section 2 of this Agreement, Sections 4 through 7 of this Agreements shall become effective and Owner shall be required to offer and manage the two (2) moderate income units and six (6) units of low/very low affordability as required herein during the term of the Agreement. If Owner complies with the payment requirements of Section 2, Sections 4 through 7 shall be of no effect.

4. Affordability Covenants.

4.1 Restriction. During the Term, Owner agrees to rent or lease or make available for rent or lease the Affordable Units to Qualified Tenants on the terms and subject to the conditions set forth in this Agreement. From and after the Term, Owner shall have the right to rent or lease or make available for rent or lease the Affordable Units as Market Rate Units.

4.2 Reservation. At initial occupancy, twenty-four per cent (24%) of the Affordable Units shall be reserved for Very Low Income Households and twenty-four per cent (24%) of the Affordable Units shall be reserved for Low Income Households. After the initial occupancy, the provisions of Section 6 shall apply.

4.3 Exceptions. Exceptions from the terms of this Agreement, including deviations from established eligibility criteria, may be granted by the City when, because of special circumstances applicable to the Subject Property or Qualified Tenants, the strict application of such terms conflict with the underlying purpose of this Agreement. Any exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall appropriately implement purposes and objectives of this Agreement. Examples of where a reduction, adjustment or waiver may be appropriate include, but are not limited to, use of Section 8 Certificates or Vouchers and similar special purpose government and non-profit programs with statutory constraints that conflict with the technical requirements of this Agreement.

5. Qualifying Tenants.

5.1 Qualifications. The Affordable Units must be occupied, or reserved for occupancy, by certified Very Low Income Households or Low Income Households, as set forth herein. Owner shall rent or lease Affordable Units only to person(s) who are certified by Owner to be Qualified Tenants. To be a Qualified Tenant of an Affordable Unit, the Household Income of the applicant must be certified as provided in Section 5.4, below, and must satisfy the property manager’s standard tenant selection criteria.

5.2 City Right to Lease.

7 5.2.1 Owner Right to Lease. If the Initial Selection List does not include the number of Qualified Tenants in the applicable income category to occupy all of the Affordable Units, Owner shall have the right to select Qualified Tenants for the remaining available Affordable Units in accordance with the terms of this Agreement.

5.2.2 Rental Loss Compensation. The City shall pay to Owner rental loss compensation in the amount equal to the Rent which would have been received by Owner from the rental of the Affordable Units at the Maximum Allowable Rent rate assuming full occupancy of the Affordable Units, less the amount of any Rent actually received from the Qualified Tenants during the Initial Selection Period and for the thirty (30) day period thereafter (the “Initial Lease Up Period”).

5.2.3 Owner Not Responsible. Owner shall have no responsibility for verifying the qualification or eligibility requirements for any Qualified Tenants selected by the City.

5.2.4 Execution of Leases. Each Qualified Tenant selected by the City as provided in this Section shall be obligated to execute and deliver to Owner a Lease prior to expiration of the Initial Lease Up Period. In the event that any Qualified Tenant on the Initial Selection List fails to deliver to Owner a signed Lease, together with all of the payments required to be paid upon Lease execution, prior to the Initial Lease Up Period, Owner shall have no obligation to lease any Affordable Unit to such Qualified Tenant and Owner shall have the right to select an alternative Qualified Tenant for such Affordable Unit in accordance with the terms of this Agreement.

5.3 Marketing. Owner shall rent or lease and offer for rent or lease the Affordable Units in compliance with the Marketing Plan attached hereto as Exhibit B (the “Marketing Plan”).

5.4 Income Certification. Owner shall obtain and maintain on file, immediately prior to initial occupancy and not less frequently than annually thereafter, income certifications, in the form attached hereto as Exhibit C, completed and executed by each Qualified Tenant renting an Affordable Unit. In addition, Owner shall have the right to include provisions in the Leases requiring the Qualified Tenants or current occupants to provide to Owner updated income certifications in the event of any change in Household Income applicable to the Affordable Unit occupied by such Qualified Tenant or current occupant. In determining whether an Applicant or current occupant is a Qualified Tenant, as well as the income category and Maximum Allowable Rent applicable to each Qualified Tenant, Owner shall comply with the Income Guidelines set forth in Exhibit E attached hereto. Copies of tenant income certifications shall be available to the City upon request.

5.5 Lease. Each Lease of an Affordable Unit to Qualified Tenants shall be on the then current California Association of Realtors form of Residential Lease or Month to Month Rental Agreement (the “Lease”). Each Lease shall be on a month to month term and Owner shall have the right to extend the term of any Lease and make other modifications and amendments to any Lease so long as such modifications or amendments do not violate or conflict with the terms of this Agreement.

8 5.6 Authorized Occupancy. The right of occupancy of each Affordable Unit shall be exclusive to Qualified Tenants and such occupancy shall be limited to the members of the Household whose names shall be expressly stated in the Lease. No occupant shall assign the Lease, nor sublet or transfer possession of the Affordable Unit, nor give accommodation to boarders or lodgers, nor support, permit, use or maintain the Affordable Unit, any purpose other than as a private dwelling for the exclusive use and benefit of the named members of the Household in the Lease.

6. Maximum Allowable Rent.

6.1 Calculation and Amount. The maximum monthly Rent that may be charged by the Owner for use and occupancy of Affordable Units by Qualified Tenants shall be the amount set forth in the then current County Housing and Income Guidelines.

6.2 Increased Income of Occupants. In the event, upon re-certification of income, the Owner determines a Qualified Tenant renting an Affordable Unit no longer qualifies in the Income Category for which such Qualified Tenant was previously classified but is still deemed to be a Qualified Tenant: (i) the Affordable Unit occupied by such Qualified Tenant shall be reclassified to the new Income Category that corresponds to such Qualified Tenant; (ii) rent may be increased to the applicable rent for the higher Income Category of such Qualified Tenant upon one-hundred eighty (180) days written notice to such Qualified Tenant; and (iii) the Owner shall rent the next available Affordable Unit to a Qualified Tenant whose income qualifies for the same Income Category (prior to reclassification) of the Qualified Tenant whose Income Category was reclassified. In the event, upon re-certification of income, the Owner determines an occupant is no longer a Qualified Tenant by virtue of income or Household size: (i) the occupant shall not be required to vacate the Affordable Unit unless the occupant has otherwise violated the terms or conditions of its tenancy; (ii) rent may be increased to Market Rate upon the delivery of not less than thirty (30) days prior written notice to the occupant; and (iii) the Owner shall rent the next available Market Rate Unit to a Qualified Tenant whose income qualifies for the same Income Category (prior to reclassification) of the Qualified Tenant whose Income Category was reclassified.

6.3 Decreased Income of Occupants. In the event, upon re-certification of income, the Owner determines that the current income of a Qualified Tenant falls within an Income Category that is lower than previously certified: (i) the Affordable Unit occupied by such Qualified Tenant shall continue to be classified according to the Income Category that previously applied; (ii) rent may be charged at rate that is no greater than the maximum allowable for the Income Category that previously applied; and (iii) the Owner shall offer the Qualified Tenant \the opportunity to rent the next available Affordable Unit that corresponds to the Qualified Tenant’s Income Category.

6.4 Rent Increases. Rents on any Affordable Unit may be increased, upon a minimum of thirty (30) days prior written notice to the Qualified Tenant, including pursuant to Section 6.3 or concurrently with or subsequent to an increase in Area Median Income as set forth in the then current County Housing and Income Guidelines. The rents charged following such an increase, or upon a vacancy and new occupancy by a Qualified Tenant, shall not exceed the Maximum Allowable Rent set forth in the County Housing and Income Guidelines.

9 6.5 Security Deposits. The Owner shall not require rental deposits in excess of two (2)-month’s rent for an Affordable Unit, nor shall such deposits exceed the amount charged for a Market Rate Unit.

6.6 Updating of Maximum Allowable Rents. The City will provide to Owner updated County Housing and Income Guidelines promptly following the publication thereof.

6.7 Management. Owner is responsible for all management functions with respect to the Subject Property, including without limitation the selection of Tenants, certification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. Such management functions shall be performed by Owner or by an experienced, professional management company or organization designated by Owner. The City shall have no responsibility over management of the Subject Property.

7. Monitoring Fees. The City shall be entitled to a reasonable annual monitoring fee in an amount equal to its reasonable out of pocket costs and expenses incurred in connection with any reviews or inspections of the Affordable Units and Owner’ management practices to determine Owner’s compliance with the terms of this Agreement.

8. Non-Discrimination. The Owner shall not discriminate or segregate in the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of Units on the basis of race, color, ancestry, national origin, religion, sex, sexual preference, age, marital status, family status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC), or any other arbitrary basis. The Owner shall include a statement in all advertisements, notices and signs for the availability of Units for rent to the effect that the Owner is an Equal Housing Opportunity Provider.

9. General Provisions.

9.1 Successors and Assigns. This Agreement shall bind and the benefit hereof shall inure to the Owner and its successors in interest and assigns, and to the City and its successors, designees, or assigns, for the term hereof. The Subject Property is held and hereafter shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the covenants, conditions, restrictions and limitations of this Agreement. All of the herein-stated covenants, conditions, restrictions and limitations are intended to constitute both equitable servitudes and covenants running with the land. Any purchaser of or successor in interest, transferee or assignee to the Subject Property or of any portion of or interest in the Subject Property, no matter how that interest is acquired, shall be deemed to have taken title with knowledge of this Agreement and to have personally covenanted, consented to and accepted the covenants, conditions, restrictions and limitations set forth herein. Any lessee of the Subject Property shall be subject to the restrictions of this Agreement, by the execution of a rental agreement or lease or by taking possession of any Affordable Unit on the Subject Property, whichever occurs first, and shall also be deemed to have knowledge of this Agreement and to have personally covenanted, consented to, and accepted the covenants, conditions, restrictions, and limitations set forth herein. The terms and conditions of this Agreement shall not apply to and be enforceable against a former owner of the Subject Property, unless the former owner was

10 in breach of this Agreement at the time of transfer. A former owner shall not be responsible or liable for any breach occurring after a transfer of the Subject Property.

9.2 Notices. All notices (other than telephone notices), certificates or other communications (other than telephone communications) required or permitted hereunder shall be sufficiently given and should be deemed given when personally delivered or when sent by telegram, or when sent by facsimile transmission (if properly confirmed in writing), or forty-eight (48) hours following mailing by registered or certified mail, postage prepaid, or twenty-four hours following transmission of such notice by express mail, Federal Express or similar carriers, addressed as follows:

If to the City:

City of Buellton
Attn: City Manager
107 W. Highway 246
Buellton, California 92427
If to the Owner:

The 518, LLC
26500 Agoura Road
Suite 102-316
Calabasas, California 91302
Attention: Mannbayar, LLC, Manager, Brandon Mann

9.3 Entire Agreement. This Agreement constitutes the entire and final agreement and understanding between the Parties with respect to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements relating to the subject matter hereof. The Exhibits referred to herein are integral parts hereof and are hereby made a part of this Agreement.

9.4 Severability. If any term, covenant or condition contained herein shall, to any extent, be invalid or unenforceable in any respect under the laws governing this Agreement, the remainder of this Agreement shall not be affected thereby, and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

9.5 Amendments. This Agreement may be amended only by a written instrument executed by the City and Owner or their successors in title, and duly recorded in the real property records of the County of Santa Barbara, California.

9.6 Recording and Filing. The City and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Santa Barbara.

9.7 Indemnity. To the greatest extent permitted by law, Owner shall indemnify, defend (with counsel reasonably approved by City) and hold City and its elected and appointed

11 officers, officials, employees, agents, consultants, and contractors (all of the foregoing, collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation reasonable attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) from third parties and arising directly or indirectly, in whole or in part, as a result of or in connection with Owner’s or Owner’s employees’ agents’, contractors’ or subcontractors’ (all of the foregoing, collectively “Owner’s Parties”) construction, management, or operation of the Property and the Project, failure to comply with applicable laws, including without limitation, state and federal fair housing laws, or any failure to perform any obligation as and when required by this Agreement. Owner’s indemnification obligations under this Section shall not extend to Claims to the extent resulting from the active negligence or willful misconduct of Indemnitees. The provisions of this Section shall survive the expiration or earlier termination of this Agreement.

9.8 Waiver. Neither Party hereto shall be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing and signed by said Party or its duly authorized representative, and then only to the extent specifically set forth therein. A waiver of one event shall not be construed as continuing or a bar or waiver of any right or remedy on a subsequent event.

9.9 Default. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by Owner to perform any term or provision of this Agreement will constitute a default. In the event of alleged default, City shall give Owner not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty (30) day period, Owner will not be considered in default for purposes of termination or institution of legal proceedings. After notice and expiration of the thirty (30) day period, City, at its option, may institute legal proceedings to cure, correct or remedy any default, to enforce any covenant or agreement herein or to enjoin any threatened or attempted violation; or terminate this Agreement by giving written notice of termination to Owner.

9.10 Attorneys’ Fees. If any action or proceeding is brought to enforce, interpret, or set aside this Agreement, the prevailing party shall be entitled to recover all costs and reasonable attorneys’ fees incurred in connection with such action or proceeding.

9.11 Choice of Law; Consent to Exclusive Jurisdiction. This Agreement shall be in all respects governed by and construed and enforced in accordance with Federal Law or the laws of the State of California, including all matters of construction, validity and performance, without regard to choice of law rules which would otherwise require reference to the laws of some other jurisdiction. The Parties hereby consent to the jurisdiction of the Federal Law or The United States Federal District Court for the Central District of California and agree that such courts shall have exclusive jurisdiction over any suit, claim or cause of action arising out of or related to this Agreement.

9.12 Relationship of the Parties. Neither Party is the legal representative or agent of the other Party for any purpose whatsoever and neither party shall have the power or authority to assume or create, in writing or otherwise, any obligation or responsibility of any kind, express or

12 implied, to transact business, to make any warranty or otherwise to act in any manner in the name of or on behalf of the other Party. This Agreement shall not be construed as constituting or creating a partnership between the Parties or as creating any other form of legal association between the parties which would impose liability upon one Party for the act or the failure to act of the other Party.

9.13 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

9.14 Exhibits. The following Exhibits are attached to this Agreement and incorporated into this Agreement:

Exhibit A: Legal Description of Property
Exhibit B: Marketing Plan
Exhibit C: Income Certifications of Qualified Tenants
Exhibit D: Owner Income Guidelines
Exhibit E: County Housing and Income Guidelines
[Signatures on Following Page]

13 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date. “OWNER” “CITY”
The 518, LLC, CITY OF BUELLTON, a general law city
a California limited liability company
By: Mannbayar, LLC, By: _______________________________ a California Limited Liability Company Scott Wolfe
its Manager City Manager

By: _____________________
Brandon Mann
Manager
Date: ________________ Date: ______________
[Signatures mut be Acknowledged]

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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT A
Legal Description of Property
The land referred to herein is situated in the State of California, County of Santa Barbara and described as follows:

THAT PORTION OF THAT CERTAIN 445 ACRE TRACT OF LAND MARKED "EMILY BUELL", AS SHOWN UPON MAP OF DIVISION OF R. T. BUELL RANCH, BEING A

PORTION OF RANCHO SAN CARLOS DE JONATA IN THE CITY OF BUELLTON, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, FILED IN BOOK 11 AT PAGE 165 OF MAPS AND SURVEYS, RECORDS OF SAID SANTA BARBARA COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2 INCH PIPE OF THE SOUTHEASTERLY LINE OF THE

NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS, BEING ALSO THE MOST

WESTERLY CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO JAMES PEKAR, ET UX., RECORDED MARCH 26, 1953 IN BOOK 1140, AT PAGE 262 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 4948; THENCE ALONG THE SOUTHWESTERLY LINE OF THE PEKAR TRACT, SOUTH 62° 17' EAST 265 FEET TO FOUND 1/2 INCH SURVEY PIPE ON THE MOST SOUTHERLY CORNER OF SAID TRACT; THENCE SOUTH 27° 43' WEST 200.08 FOOT TO A SET 1/2 INCH SURVEY PIPE ON THE NORTHEASTERLY LINE OF A 60 FOOT ROAD EASEMENT AS GRANTED TO LEON A. ROESER, BY DEED RECORDED MAY 5, 1949 IN BOOK 852 AT PAGE 73 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 5561; THENCE ALONG THE NORTHEASTERLY LINE OF SAID EASEMENT, NORTH 62° 17' WEST 265 FEET TO A SET 1/2 INCH SURVEY PIPE ON THE SOUTHEASTERLY LINE OF THE NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 27° 43' EAST 200.08 FEET TO THE POINT OF BEGINNING.

THE LAND HEREIN DESCRIBED IS SHOWN ON A MAP OF SURVEY FILED IN BOOK 36, PAGE 10 OF RECORD OF SURVEYS.

APN: 137-170-006
(End of Legal Description)

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EXHIBIT B
Marketing Plan
The following is a summary of Owner’s Marketing Plan for the intial leasing of the Affordable Units. As vacancies in the Affordable Units become available, Owner shall fill such vacancies in accordance with the terms of this Agreement.

A. Owner will advertise the Project in, at least, one newspaper of general circulation.

B. The Agreement to Provide Affordable Housing binds Owner to this Marketing Plan.

C. Project advertising shall conform to the requirements of the Fair Housing Act.

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EXHIBIT C
Income Certifications of Qualified Tenants
[See attached]

Applicant’s name: _____________________ Date: _______________ Number of people in household: _____ Receipt Number ______

CITY OF BUELLTON

AFFORDABLE HOUSING PROGRAMS

INCOME CERTIFICATION APPLICATION

To be eligible to participate in the City’s Affordable Housing Program, applicants must first receive Income Certification verification.

There is a one-time application screening fee of $82 payable in Cashier’s Check or Money Order to the City of Buellton. City staff monitor all income information provided throughout the application process and after the homes are occupied. Therefore, it is very important that all information contained herein is accurate, timely, and complete.

Application Checklist
Read Carefully: This application packet must be signed and submitted with all verifications and other forms.

In order for applications to be considered “complete” and accepted for consideration, all relevant supporting documentation must accompany each of the following check-listed items. The Planning Department reserves the right to ask for additional documents and information as deemed necessary to accurately assess applicant’s eligibility. Please check each box or N/A as you complete each section.  Non Refundable Application Screening Fee of $82 by money order or cashier’s check payable to the City of Buellton.
 Completion of General Household Information, Pages 2 and 3  Signature on Completed Income Certification Application, Page 4  Signature on Applicant Authorization to Release Form, Page 5  Signature on Appeal Procedure Form, Page 7
 2 Years Federal and State Tax Returns For Applicant and Each Contributor Listed on Line 7  Copies of all pay stubs for the last 30 days For Applicant and Each Contributor Listed on Line 7  Copies of all members of the household’s photo identifications must be submitted with application (Birth Certificate and S.S. Card for children) Applications will only be accepted
Monday through Friday 8:00 a.m. - 5:00 p.m.

City of Buellton Planning Department
107 West Highway 246
Buellton, CA 93427

Applicant’s name:______________________ Date:_____________

GENERAL HOUSEHOLD INFORMATION
All applicants are required to provide the following information. It is important that the responses supplied accurately reflect documentation provided. If there are additional contributors to the household’s income, please provide the same information as required in Item #9 as an attachment.

1. Applicant’s Name: __________________________________________________________ Age: __________ Social Security No.:__________________________________________

2. Current Address: ____________________________________________________________

3. Telephone Number: _________________________________________________________

4. Number of Years In County: __________________________________________________

5. Name of Affordable Housing Development: ______________________________________

6. Other Household Members: (Provide supporting documentation, picture ID, Social Security, etc.)
NAME AGE SOCIAL SECURITY# RELATIONSHIP
_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________

7. How many members of the household contribute to the household’s income: ____________ If more than two (2) please provide information as an additional attachment as per instructions.

Applicant’s name:______________________ Date:_____________

8. FIRST CONTRIBUTOR:

Name: __________________________________________________________________________ Employer’s Name (List all employers if more than one): __________________________________ Income (List income from each employer): _____________________________________________ Total Income: ____________________________________________________________________

9. SECOND CONTRIBUTOR:

Name: __________________________________________________________________________ Employer’s Name (List all employers if more than one): __________________________________ Income (List income from each employer):_____________________________________________ Total Income: ____________________________________________________________________

10. Income Level: ______________________________________________________________ 2018 AFFORDABILITY CHART
Household Size
(persons in household)
Very Low
(0-50%)
Low
(50-80%)
Moderate
(80-120%)
1 $27,850 $44,600 $66,850
2 $31,850 $50,950 $76,400
3 $35,800 $57,300 $85,950
4 $39,800 $63,700 $95,500
5 $43,000 $68,750 $103,150
6 $46,150 $73,850 $110,800
7 $49,350 $78,950 $118,450
8 or more $52,550 $84,050 $126,100

Applicant’s name:______________________ Date:_____________

CERTIFICATION OF ACCURACY AND COMPLETENESS: Signatures must be completed for each line. If one or more of the parties are the same, please re-sign the applicable line.

I hereby declare under penalty of perjury that the information contained in this application and all attached materials are correct, true, and complete. I acknowledge and agree that the City of Buellton is relying on the accuracy of this information and my representations in order to process this application and that any homes sold/rented by the City may be rescinded if it is determined that any information and materials submitted are not true and correct. I further acknowledge that I may be liable for any costs associated with this, including, but not limited to, any litigation costs.

Signature _____________________________________ Date ____________________________ Applicant
Signature______________________________________ Date ____________________________ Applicant
Signature _____________________________________ Date ____________________________ Adult Household Member
Signature _____________________________________ Date ____________________________ Adult Household Member

Applicant’s name:______________________ Date:_____________

APPLICANT AUTHORIZATION TO RELEASE
Purpose: Your signature on this City Affordable Housing Program Authorization to Release form, and the signatures of each member of your household who is 18 years of age or older, authorizes a third party to release information to the City of Buellton relative to your eligibility and participation in its Affordable Housing Program.

Privacy Act Notice Statement: The City of Buellton is requiring the collection of information derived from this form to determine an applicant’s eligibility to participate in the City’s Affordable Housing Program. This information will be used to establish applicant income level; to protect the City’s financial interests; and to verify the accuracy of the information furnished by the applicant.

It may be released to appropriate Federal, State and local agencies where relevant to civil, criminal, or regulatory investigators, and to prosecutors. Failure to provide any information may result in an applicant being deemed ineligible to participate in the program. The City is authorized to ask for this information by the National Affordable Housing Act of 1990.

Instructions: Each adult member of the household must sign the Authorization to Release Form prior to Income Certification for participation in the City’s Affordable Housing Program. The City also reserves the right to monitor the program on an ongoing basis in order to determine conformity with the rules and regulations of it’s Affordable Housing Programs.

Authorization: In signing below, I understand that the City of Buellton may make inquiries regarding all sources of my household’s income, all sources of my household’s assets, Gift Letter donation sources, as well as all other relevant financial information requiring program participation for a period of three (3) years after close of escrow. I authorize the City of Buellton to request information from third parties about me and my household that is pertinent to eligibility for participation in its Affordable Housing Program. I also authorize these third parties to release said information to the City of Buellton. I acknowledge that:
1) A photo copy of this form is as valid as the original; 2) I have the right to review the file and the information received using this form (with a person of my choosing accompanying me);
3) I have the right to copy information from this file and to request correction of information I believe inaccurate;
4) All adult members will sign this form and cooperate with the owner in this process. ______________________________________ ______________________________ Applicant Signature Date
______________________________________ ______________________________ Co-Applicant Signature Date
_____________________________________ ________________________________ Adult Household Member Signature Date
_____________________________________ ________________________________ Adult Household Member Signature Date

Applicant’s name:______________________ Date:_____________

CITY OF BUELLTON

AFFORDABLE HOUSING PROGRAMS

APPEAL PROCEDURES
The $82 application fee is non-refundable if your application is denied.

You should make every effort to determine that your income and total assets will qualify before submitting an application for income certification.

Maximum Allowable Household Incomes for 2018
(by household size and income category)
Household Size
(persons in household)
Very Low
(0-50%)
Low
(50-80%)
Moderate
(80-120%)
1 $27,850 $44,600 $66,850
2 $31,850 $50,950 $76,400
3 $35,800 $57,300 $85,950
4 $39,800 $63,700 $95,500
5 $43,000 $68,750 $103,150
6 $46,150 $73,850 $110,800
7 $49,350 $78,950 $118,450
8 or more $52,550 $84,050 $126,100
Be sure that all the information requested is included with your application. If you omit any necessary information, you may be required to pay a second application fee.

If your application is denied you may appeal the denial only under the following terms:
 The person appealing must be the person or persons applying (not another party).  The appeal must be in writing and received within ten days of the date of the Income Certification denial letter from the Planning Department. The appeal must be based on the original submittal to The Planning Department and must demonstrate in writing a factual error of the calculation of income. The Planning Department must have made such errors as opposed to incorrect or incomplete submittals by the applicant  The Planning Department’s decisions on income certification appeals are final.

Appeals must be submitted in writing to:

Buellton Planning Department
Affordable Housing – Appeal Request
Attention: Planning Director
P.O. Box 1819
Buellton, CA 93427

Applicant’s name:______________________ Date:_____________

I HAVE READ AND AGREE TO THE ABOVE APPEAL PROCEDURES
_____________________________________ ________________________________ Signature Date
_____________________________________ ________________________________ Signature Date

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EXHIBIT D
Owner Income Guidelines

1. Income Determination. As defined in Section 1.10 of this Agreement, Household Income encompasses the total anticipated income of an Applicant for the twelve (12) month period following the date of application, or in the case of a Qualified Tenant, the total anticipated income from the twelve (12) month period following the date of income re-certification. A different time frame may be used to compute income where circumstances particular to a Household make in impractical to accurately forecast income over a twelve (12) month period.

Except as otherwise provided herein, all payments from all sources received by the head of Household and spouse (including a Family head who is temporarily absent) and each additional member of the Family who is at least eighteen (18) years of age shall be included in the annual income of a Household. Income shall include, but not be limited to, the sources listed below.

2. Employment Income. The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonus. For self-employed Persons, income shall include the net amount received from operation of a business or profession or from rental of real or personal property (for this purpose, expenditures for business expansion, capital depreciation or amortization of capital indebtedness shall not be deducted to determine the net income from a business). Any withdrawal of cash or assets from the operation of a business or profession shall be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the Household. In general, income for self-employed Persons shall be based on the annual average sum earned over a two-year period immediately proceeding the date of application or income re-certification.

3. Supplemental Income. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts; payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay; periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from Persons not residing in the dwelling; all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse; and public assistance payments, provided, however, if such compensation includes an amount specifically designated for shelter and utilities which is subject to an adjustment by the public assistance City in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as Household Income shall consist of: (i) the amount of the allowance or grant exclusive of the amounts specifically designated for shelter and utilities; plus (ii) the maximum amount which the public assistance City could in fact allow for the Family for shelter and utilities.

4. Income From Assets. Interest, dividends and net income of any kind from real or personal property. Expenditures for business expansion, capital depreciation or amortization of capital indebtedness shall not be deducted to determine the net income from a business. Any

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withdrawal of cash or assets from the operation of a business or profession shall be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the Household.

5. Assets. Where a Household has net assets of $5,000 or less, income from such assets shall be deemed to be the actual income from all assets, or an imputed income figure derived by applying a rate of three and one-half percent (3.5%) to all assets, whichever is greater. Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net assets or five percent (5%) of the value of all such assets, whichever is greater. For purposes of these Income Guidelines, net Family assets means the value of equity in all real property (other than the Household’s principal residence), savings, stocks, bonds and other forms of capital investment. Excluded from the computation of net assets are: (i) retirement funds with penalties for early withdrawal; and (ii) the value of personal property such as furniture and automobiles.

6. Non-Recurring Income. Payments from the sources listed below shall not be considered as Household Income, provided, however, that such unexpended sums shall be considered to be Household assets and the income from such assets is includable as income.

6.1 Gifts and Medical Reimbursement. Casual, sporadic and irregular gifts, and amounts that are specifically received for, or are a reimbursement of, the cost of illness or medical care.

6.2 Settlement Income. Lump sum additions to Family assets consisting of governmental payments and compensation for losses including, but not limited to, insurance payments, deferred periodic payments of supplemental security income (SSI) or social security benefits that are received in a lump sum payment, and settlements for personal or property losses. Inheritances, capital gains, gambling proceeds, lottery winnings and similar unearned income shall be included in the computation of Household Income.

6.3 Scholarships. Amounts for educational scholarships paid directly to the student or to the educational institution and amount paid by the United States Government to a Veteran for use in meeting the cost of tuition, fees and books, to the extent that such amounts are so used.

Any amounts of such scholarships, or payments to Veterans not used for the aforesaid purposes of which are available for subsistence are to be included as income. This exclusion is applicable also to all part-time students and to a full-time student who is considered as head of Household or his or her spouse.

6.4 Special Government Compensation. The special pay to a serviceman head of household away from home and exposed to hostile fire; relocation payments made pursuant to Federal, State, or local relocation law, foster child care payments; payments for the care of foster adults (usually individuals with disabilities, unrelated to the tenant Family, who are unable to live alone), the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is excess of the amount actually charged the eligible Household; payments received under employment training programs funded by HUD or the State of California, payments received pursuant to participation in the volunteer programs under ACTION specifically including the National Volunteer Anti-Poverty Programs (i.e., VISTA, Service

C-3
Learning Programs and Special Volunteer Programs), the National Older American Volunteer Programs for Persons aged sixty (60) and over (i.e., Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program), and the National Volunteer Program to Assist Small Business Experience, (i.e., Service Corps of Retired Executive and Active Corps of Executives).

7. Other Exclusions from Income. Payments from the following sources shall not be includable for the purpose of computing Household Income:

7.1 Adoption Assistance. Adoption assistance payments up to a maximum of $480 per adopted child per year, or such other limit prescribed by law.

7.2 Reparation Payments. Reparation payments made by a foreign government pursuant to claims filed under the laws of that government by Persons who are eligible for such reparation payments.

7.3 Tax Refunds. Refunds or rebates paid to Households under State or local law for the purpose of property tax relief on the dwelling unit they formerly owned and occupied.

7.4 Disabled Assistance. Amounts paid by a State City to a Household with a developmentally disabled Family member living at home to offset the cost of services and equipment needed to keep the developmentally disabled Family member at home.

7.5 Student Earnings. Earnings up to a maximum of $480 per year for each full time student 18 years of age or older, excluding the head of household and spouse, or such other limit prescribed by law.

8. Income Verification. At the time of initial application and not less than annually thereafter, data shall be obtained by the Owner and verified by such methods as may be necessary and reasonable to ensure full, true and complete information from which to base determinations of eligibility hereunder. Complete and accurate records of verification will be maintained and each Applicant and Qualified Tenant shall certify, under penalty of perjury, that all information furnished as part of the application is true and complete to the best of the Household’s knowledge and belief. Unless the Household reports a significant change in circumstances which would affect eligibility hereunder, such as becoming unemployed following a period of employment, resultant determinations of eligibility shall remain in full force and effect until the next updated certification is obtained. Income verification shall be performed in accordance with the standards and criteria set forth below.

8.1 Income Basis. If circumstances are such that it is not reasonably feasible to anticipate a level of income over a twelve (12) month period, a different basis may be used including, but not limited to, a shorter time frame of projection for a period of time preceding the date of application or income re-certification. Circumstances wherein an adjustment in the basis of determining Household Income is warranted include:

A. Unemployment. A Person is unemployed at the time of application or income re-certification and there are no anticipated prospects of re-employment.

C-4
B. Self-Employment. A Person is self-employed and annual income is either inconstant due to fluctuations in business or undeterminable due to the recentness of such employment.

C. Seasonal and Temporary Employment. The conditions of employment and/or receipt of income are so unstable as to invalidate usual and normal standards of determination.

8.2 Employment Income. The following, although not all inclusive, represent the types of verification required for employment income:

A. Regular Employment. Letters and statements from employers, pay stubs and similar such receipts evidencing compensation, and/or IRS Tax Returns.

B. Self-Employment. Statements from Certified Public Accountants, notarized declarations, and/or IRS Tax Returns for three (3) years preceding the date of application or income re-certification.

8.3 Supplemental Income. The following, although not all inclusive, represent the types of verification required for supplemental income:

A. Social Security Benefits. Award letter, bank statement evidencing direct deposit of benefits, and/or verification statement from the Social Security Administration.

B. Aid to Families With Dependent Children. Award letter and/or verification statement from the Public Social Services City.

C. Child Support/Alimony. Copy of divorce papers and/or verification statement from ex-spouse.

D. Veterans Benefits. Award letter, statement from bank evidencing direct deposit of benefits, and/or verification statement from the Veterans Administration.

E. Disability Benefits. Award letter, bank statement evidencing direct deposit of benefits, and/or statement of verification of payer.

F. Unemployment Benefits. Award letter, bank statement evidencing direct deposit of benefits, and/or verification statement from the California State Department of Employment Development.

G. Retirement/Pension Benefits. Award letter, check stub, and/or verification statement from the Pension fund.

8.4 Income From Assets. The following, although not all inclusive, represent the types of verification required for income from assets:

A. Savings Account Interest. Copy of quarterly statement, IRS Tax Returns, and/or verification statement from bank or savings and loan.

C-5
B. Dividends. Copy of statement with amount received and/or IRS Tax Returns.

C. Rental Income. Statement of net cash flow as verified by IRS Tax Returns.

8.5 Assets. The following, although not all inclusive, represent the types of verification required for assets:

A. Liquid Assets. (i.e., Savings and Checking Accounts). Copy of savings passbook showing current balance, month or quarter-ending bank statement, and/or verification statement from financial institution.

B. Marketable Securities. Copy of stock/bond and/or verification statement from benefactor.

C. Equity in Real Estate. Copy of deed verification statement from mortgagor as to mortgage balance together with Assessor’s valuation records, verified purchase price and/or independent appraisal.

8.6 Special Income Situations. A Household composed entirely of full-time students shall not be deemed eligible as a Qualified Tenant (regardless of income) unless the Household meets one of the following four exceptions: (i) all Household members are full-time students, and such students are married and file a joint tax return; (ii) the Household consists of single parents and their children, and such parents and children are not dependents of another individual; (iii) at least one member of the Household receives assistance under Title IV of the Social Security Act (i.e., AFDC assistance); or (iv) at least one member of the Household is enrolled in a job training program receiving assistance under the Job Training Partnership Act or similar federal, state, or local laws. In determining the category income relative to Household size, unborn children shall be included in the computation. Such inclusion shall be subject to verification of pregnancy (e.g., doctor’s statement).

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EXHIBIT E
2022 County Housing Income and Price Guidelines
[See attached]

F-4

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SZ
Council Agenda Item No.: 12
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: October 27, 2022
Subject: Resolution No. 22-31 – “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Budget Amendments from Operational Changes related to Fiscal Year 2022-23 Budget through the First Quarter ending September 30, 2022”
______________________________________________________________________________

BACKGROUND
On June 9, 2022, the City Council adopted a revised Operating and Capital budget for Fiscal Year (FY) 2022-23. As part of the City’s budget process, staff periodically presents to the City Council for consideration various operational and personnel Amendments during the fiscal year. These adjustments are accomplished at quarterly intervals while staff outlines current economic conditions.

Table 1 below provides an overview of the proposed amended budget for FY 2022-23.

Table 1
Fund Revenue Expenditures
Net Surplus
(Deficit)
001-General Fund $ 12,592,504 $ 11,303,473 $ 1,289,031
005-Wastewater $ 2,281,112 $ 2,281,112 $ -
006-Wastewater Capital $ 586,720 $ 586,720 $ -
020-Water $ 2,941,023 $ 2,941,023 $ -
021-Water Capital $ 537,740 $ 537,740 $ -
023-Housing $ 3,000 $ 3,000 $ -
024- Traffic Mitigation $ 60 $ - $ 60
025-Gas Tax $ 388,277 $ 388,277 $ -
027-LTF $ 147,000 $ 147,000 $ -
029-Transportation Planning $ 45,000 $ 45,000 $ -
031-Measure A $ 963,085 $ 963,085 $ -
032 - ARPA $ 611,003 $ 300,000 $ 311,003
092- Capital Improvement $ 5,412,412 $ 5,412,412 $ -
Total All Funds $ 26,508,936 $ 24,908,842 $ 1,600,094

Resolution No. 22-31 Page 2 October 27, 2022
Staff is presenting the following additional operational recommendations for incorporation into the 2022-23 budget. Some of the proposed adjustments have been previously authorized by City Council
The total increase in the previously proposed General Fund appropriations is $247,229.

The following are recommended changes to the General Fund:
• 001-402-50000 Salaries ($9,829 increase), 001-402-50200 PERS Retirement ($1,796 increase), and 001-402-50410 Employer DCP ($579 increase): Increase in appropriation to reflect the City Manager’s salary change authorized by City Council effective July 1, 2022. The salary increase includes a 5% salary increase not previously approved when the budget was adopted.
• 001-410-60210 Computer Maintenance & Software: Increase appropriation by $10,000 for the purchase of Zen City public engagement platform software license.
• 001-410-77000 Transfer for Capital Outlay: Increase appropriations by $40,000 for various studies and work necessary to complete the California Environmental Quality Act (CEQA) required for the Willemsen House Renovation. An additional appropriation of $45,120 is being proposed to reflect the prior year carryover from the ENGIE Energy project that was not completed during the last fiscal year as anticipated.
• 001-551-67575 Regulatory Compliance: Increase appropriation by $50,000 for the City’s shared costs for anticipated GSA activities which include annual reports, rate study and well metering.
• 001-552-60255 Golf Course Repair & Maintenance: Increase appropriations by $10,000 to procure a bench to dedicate it to Ed Andrisek for his time served as a City Council member.
• 001-552-60259 Maintenance and Repair Botanic Garden: Increase appropriations by $33,000 to reflect the contribution to the Botanic Garden for the renovation and repair of the Botanic Garden irrigation system.
• 001-565-60800 Contract Services: Increase appropriations by $72,000 to reflect the new contract with Metro Ventures Ltd. For the period beginning November 10, 2022 and ending May 10, 2024 at a rate of $100, for a total contract not to exceed $72,000.
• 001-565-60815 Contract Service – LEAP Grant: Decrease appropriations by $16,624 to reflect actual LEAP grant balance carried over from the prior fiscal year.
• 001-565-60820 Contract Services – REAP Grant: Decrease appropriations by $8,471 to reflect actual REAP grant balance carried over from the prior fiscal year.

Resolution No. 22-31 Page 3 October 27, 2022
The total increase in Wastewater Fund appropriations is $217,378 and increase to revenue projections is $217,378. The total net change to the Wastewater Fund is $0. The following are recommended changes to the Wastewater Fund from the previous meeting:
• 005-701-60250 Maintenance/Repair: Increase appropriations by $70,000 for the cost of wastewater collections system cleaning and closed circuit television inspection service contract awarded to Mainline Utility Company. • 005-701-61211 Utilities – Water: Increase appropriation by $25,680 for water usage at Wastewater Treatment Plant. After the old meter was replaced, it was discovered the old meter was not reading water usage.
• 005-701-69100 Transfer out to Other Funds: Increase appropriations by $42,114 to reflect additional costs incurred for the ENGIE Energy Project. Additional costs were associated with trenching for the Solar PV electrical conduit at the Pump Station site. Additional appropriation increase in the amount of $79,584 reflects the carryover balance from the ENGIE Energy Project that was not completed the prior fiscal year.
• 005-49652 Transfer from Reserve: Increase of use of reserves by $217,378 to cover the cost of the increase in appropriations.

The total increase in Water Fund appropriation is $161,142 and increase to revenue projections is $161,142. The total net change to the Water Fund is $0. The following are recommended changes to the Water Fund from the previous meeting:
• 020-601-69100 Transfer out to Other Funds: Increase appropriations by $33,752 to reflect additional costs incurred for the ENGIE Energy Project. Additional costs were associated with water mitigation needed for the installation of the Water Treatment Plant. Additional appropriation increase in the amount of $127,390 reflects the carryover balance from the ENGIE Energy Project that was not completed the prior fiscal year.
• 020-49661 Transfer from Reserve: Increase of use of reserves by $161,142 to cover the cost of the increase in appropriations.

The Capital Improvement Project (CIP) Budget is funded by various funds. Transfers from Other Funds are recorded in this fund. The total increase in CIP appropriations is $367,960 offset with transfers from the General Fund, Wastewater and Water Funds.

The following are recommended changes to the Capital Improvement Budget:
• 092-219-71000 Construction and Improvement: Increase in appropriations of $45,120 for ENGIE Energy Project carryover of unspent funds. • 092-221-70005 Design and Permitting: Increase in appropriation of $40,000 for the CEQA requirement for the Willemsen House Renovation. • 092-612-71000 Construction and Improvement: Increase in appropriation of $121,698 for additional costs incurred from the ENGIE Energy Project and unspent carryover from the prior fiscal year.
• 092-711-71000 Construction and Improvement: Increase in appropriation of $161,142 for additional costs incurred from the ENGIE Energy Project and unspent carryover from the prior fiscal year.

Resolution No. 22-31 Page 4 October 27, 2022

FISCAL IMPACTS
The proposed amendments to the General Fund increases appropriation in the amount of $247,229. There is an existing operating surplus that will be used to offset the increase in General Fund expenditures.

The proposed amendments to the Wastewater Fund increases appropriations by $217,378 offset with a transfer from reserves of $217,378 and results in a net change of $0.

The proposed amendments to the Water Fund increases appropriations by $161,142 offset with a transfer from reserves of $161,142, and results in a net change of $0.

The proposed Capital Improvement Budget increases appropriation by $367,960. The appropriation is offset by a $367,960 transfer-in from the General Fund, and results in a net change of $0.

RECOMMENDATION
That the City Council consider adoption of Resolution No. 22-31 - “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Budget Amendments from Operational Changes related to Fiscal Year 2022-23 Budget through the First Quarter ending September 30, 2022”

ATTACHMENTS
Resolution No. 22-31 (Exhibit A)

RESOLUTION NO. 22-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFORNIA, FOR THE PURPOSE OF

BUDGET AMENDMENTS FROM OPERATIONAL CHANGES
RELATED TO FISCAL YEAR 2022-23 BUDGET THROUGH
THE FIRST QUARTER ENDING SEPTEMBER 30, 2022
WHEREAS, the City Council adopted the Biennial Fiscal Year 2021-22 and 2022-23 Budget on June 10,2021; and
WHEREAS, it was necessary to make amendments to the Biennial Fiscal Year 2022-23 Budget as part of the Mid-Cycle Review on June 9, 2022; and WHEREAS, it is necessary to make further amendments to Biennial Fiscal Year 2022-23 as part of the First Quarter Budget Review; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Buellton as follows:

That proposed budget amendments on the attached Exhibit A for the Fiscal Year 2022-23 are approved.

The proposed operational changes are intended to maximize operational efficiencies and enhance service delivery. The proposed amendments to the General Fund increases appropriation in the amount of $247,229. There is an existing operating surplus that will be used to offset the increase in General Fund expenditures.

The proposed amendments to the Wastewater Fund increases appropriations by $217,378 offset with a transfer from reserves and results in a net change of $0.

The proposed amendments to the Water Fund increases appropriations by $161,142 offset with a transfer from reserves and results in a net change of $0.

The proposed Capital Improvement Budget increases appropriation by $367,960. The appropriation is offset by a $85,120 transfer-in from the General Fund, $121,698 from the Wastewater Fund, and $161,142 from the Wastewater Fund for net change of $0.

PASSED, APPROVED and ADOPTED this 27th day of October, 2022 ____________________________
Holly Sierra
Mayor
ATTEST:
___________________________
Linda Reid
City Clerk

October 27, 2022
Exhibit A FY 2022-23 First Quarter
Budget Amendments
City of Buellton
Fiscal Year 2022-23 Budget Amendments - First Quarter
Fund Revenue Expenditures
Surplus
(Deficit)
001- General $ 12,592,504 $ 11,303,473 $ 1,289,031
005- Wastewater $ 2,281,112 $ 2,281,112 $ -
006- Wastewater Capital $ 586,720 $ 586,720 $ -
020- Water $ 2,941,023 $ 2,941,023 $ -
021- Water Capital $ 537,740 $ 537,740 $ -
023- Housing $ 3,000 $ 3,000 $ -
024 - Traffic Mitigation $ 60 $ - $ 60
025- Gas Tax $ 388,277 $ 388,277 $ -
027- Local Transportation $ 147,000 $ 147,000 $ -
029- Transportation Planning $ 45,000 $ 45,000 $ -
031- Measure A $ 963,085 $ 963,085 $ -
032 - ARPA Funding $ 611,003 $ 300,000 $ 311,003
092 - Capital Project $ 5,412,412 $ 5,412,412 $ -
Total $ 26,508,936 $ 24,908,842 $ 1,600,094
Fund Balance Analysis

BUDGET AT A GLANCE
(WITH PROPOSED BUDGET AMENDMENTS)
October 27, 2022
Previous Related Resolutions:

Resolution No. 22-22
"A Resolution of the City Council of the City of Buellton, California, for the Purpose of Mid-Cycle Budget Amendments Related to Fiscal Year 2022-23"
Resolution No. 21- 10
"A Resolution of the City Council of the City of Buellton, California, Adopting the Biennial Fiscal Year 2021-22 and 2022-23 Budget"
Budget Amendment Summary:

The proposed operational changes are intended to maximize operational efficiencies and enhance service delivery. The proposed amendments to the General Fund increases appropriation in the amount of $247,229. There is an existing operating surplus that will be used to offset the increase in General Fund expenditures.

The proposed amendments to the Wastewater Fund increases appropriations by $217,378 offset with a transfer from reserves and results in a net change of $0.

The proposed amendments to the Water Fund increases appropriations by $161,142 offset with a transfer from reserves and results in a net change of $0.

The proposed Capital Improvement Budget increases appropriation by $367,960. The appropriation is offset by a $85,120 transfer-in from the General Fund, $121,698 from the Wastewater Fund, and $161,142 from the Wastewater Fund for net change of $0.

Fund
Beginning Fund
Balance
Operating
Revenue
Operating
Expenditures Transfers In Transfers Out
Use of
Reserve Ending Balance
001- General $ 11,981,084 $ 10,050,414 $ 8,746,448 $ - $ 2,557,025 $ 2,542,090 $ 10,728,025 $ (1,253,059) 005- Wastewater $ 3,344,616 $ 1,229,000 $ 1,694,392 $ - $ 586,720 $ 1,052,112 $ 2,292,504 $ (1,052,112) 006- Wastewater Capital $ 207,540 $ - $ 36,720 $ 586,720 $ 550,000 $ - $ 207,540 $ - 020- Water $ 7,548,763 $ 2,779,881 $ 2,403,283 $ - $ 537,740 $ 161,142 $ 7,387,621 $ (161,142) 021- Water Capital $ 367,066 $ - $ 37,740 $ 537,740 $ 500,000 $ - $ 367,066 $ - 023- Housing $ 489,912 $ 3,000 $ 3,000 $ - $ - $ - $ 489,912 $ - 024 - Traffic Mitigation $ 36,165 $ 60 $ - $ - $ - $ - $ 36,225 $ 60 025- Gas Tax $ 409,187 $ 326,054 $ 112,000 $ - $ 276,277 $ 62,223 $ 346,964 $ (62,223) 027- Local Transportation $ 286,712 $ 40,000 $ 87,000 $ 107,000 $ 60,000 $ - $ 286,712 $ - 029- Transportation
Planning $ (103,254) $ 40,065 $ 45,000 $ 4,935 $ - $ (103,254) $ - 031- Measure A $ 885,648 $ 462,804 $ 97,000 -$ 866,085 $ $ 500,281 $ 385,367 $ (500,281) 032 - ARPA Funding $ 607,992 $ 611,003 -$ -$ 300,000 $ $ 918,995 $ 311,003 092- CIP $ - -$ 5,412,412 $ $ 5,412,412 $ - -$
Total $ 26,061,432 $ 15,542,281 $ 18,674,995 $ 6,648,807 $ 6,233,847 $ 4,317,848 $ 23,343,677 $ (2,717,754)

October 27, 2022
Exhibit A FY 2022-23 First Quarter
Budget Amendments
City of Buellton Fiscal Year 2022-23 Operating Budget Amendments Schedule of Revenues for FY 2022-23: 1st Quarter Operating Budget Amendments Fund
Original
Budget Current Budget
Proposed
Amendments
Amended
Budget % Change % of Budget
001- General 10,396,137 12,592,504 - 12,592,504 0.00% 59.69% 005- Wastewater 2,311,558 2,063,734 217,378 2,281,112 10.53% 10.81% 006- Wastewater Capital 886,720 586,720 - 586,720 0.00% 2.78% 020- Water 3,007,280 2,779,881 161,142 2,941,023 5.80% 13.94% 021- Water Capital 437,740 537,740 - 537,740 0.00% 2.55% 023- Housing 1,245 3,000 - 3,000 0.00% 0.01%
024 - Traffic Mitigation 84 60 - 60 0.00% 0.00%
025- Gas Tax 397,000 388,277 - 388,277 0.00% 1.84%
027- Local Transportation 123,500 147,000 - 147,000 0.00% 0.70% 029- Transportation Planning 51,065 45,000 - 45,000 0.00% 0.21% 031- Measure A 401,911 963,085 - 963,085 0.00% 4.57%
032 - ARPA Funding - 611,003 - 611,003 0.00% 2.90%
Total 18,014,240 20,718,004 378,520 21,096,524 1.83% 100.00% By Fund Type
General Fund 10,396,137 12,592,504 - 12,592,504 0.00% 59.69% Enterprise Fund 6,643,298 5,968,075 378,520 6,346,595 6.34% 30.08% Special Revenue Funds 974,805 2,157,425 - 2,157,425 0.00% 10.23% Total: 18,014,240 20,718,004 378,520 21,096,524 1.83% 100.00% FY 2022-23 First Quarter Budget Amendments
Fund Budget Action
Adjustment
Amount Council Action
Wastewater $ 42,114
Wastewater $ 70,000
Wastewater $ 79,584
Wastewater $ 25,680
Water $ 33,752
Water $ 127,390
Budget Amendments by Account Number
Account Number Budget Item Current Budget
With Proposed
Amendment $ Change % Change
005-49652 Transfer from Reserves $ 834,734 $ 1,052,112 $ 217,378 26.04% 020-49661 $ 78,553 $ 239,695 $ 161,142 205.14%
Amendment Total: $ 378,520
Budget Amendments by Funding Source Type
Fund Current Budget
With Proposed
Amendment $ Change % Change
005- Wastewater $ 2,063,734 $ 2,281,112 $ 217,378 10.53% 020- Water $ 2,779,881 $ 2,941,023 $ 161,142 5.80%
City Council authorized expenditure on August
25, 2022
To transfer monies from reserves for the overage cost associated with the ENGIE Energy Project.

To transfer monies from reserves already appropriated in the prior fiscal year from capital lease proceeds to fund the ENGIE Energy Project. To be taken on October 27, 2022 To transfer monies from reserves already appropriated in the prior fiscal year from capital lease proceeds to fund the ENGIE Energy Project. To be taken on October 27, 2022 To transfer monies from reserves to cover the increased cost of water usage at the Wastewater Treatment Plant.

To transfer monies from reserves to cover the cost the Wastewater Collection System Cleaning and Closed Circuit Television Inspection Services.

City Council awarded the contract on June 23,
2022
To be taken on October 27, 2022
To transfer monies from reserves for the overage cost associated with the ENGIE Energy Project.

City Council authorized expenditure on August
25, 2022
Transfer from Reserves

October 27, 2022
Exhibit A FY 2022-23 First Quarter
Budget Amendments
City of Buellton Fiscal Year 2022-23 Operating Budget Amendments Schedule of Expenditures for FY 2022-23: 1st Quarter Operating Budget Amendments Fund Original Budget Current Budget
Proposed
Amendments Amended Budget % Change % of Budget
001- General 9,535,762 11,056,244 247,229 11,303,473 2.59% 57.98% 005- Wastewater 2,311,558 2,063,734 217,378 2,281,112 9.40% 11.70% 006- Wastewater Capital 886,720 586,720 - 586,720 0.00% 3.01% 020- Water 3,007,281 2,779,881 161,142 2,941,023 5.36% 15.08% 021- Water Capital 437,740 537,740 - 537,740 0.00% 2.76% 023- Housing 3,000 3,000 - 3,000 0.00% 0.02%
024 - Traffic Mitigation - - - - 0.00% 0.00%
025- Gas Tax 397,000 388,277 - 388,277 0.00% 1.99%
027- Local Transportation 123,500 147,000 - 147,000 0.00% 0.75% 029- Transportation
Planning 45,000 45,000 - 45,000 0.00% 0.23%
031- Measure A 400,736 963,085 - 963,085 0.00% 4.94%
032- ARPA Funding - 300,000 - 300,000 0.00% 1.54%
Total 17,148,297 18,870,681 625,749 19,496,430 3.65% 100.00% By Fund Type
General Fund 9,535,762 11,056,244 247,229 11,303,473 2.59% 57.98% Enterprise Fund 6,643,299 5,968,075 378,520 6,346,595 5.70% 32.55% Special Revenue Funds 969,236 1,846,362 - 1,846,362 0.00% 9.47% Total: 17,148,297 18,870,681 625,749 19,496,430 3.65% 100.00% FY 2022-23 First Quarter Budget Amendments
Fund Budget Action
Adjustment
Amount
General $ 40,000
General $ 12,204
General $ 10,000
General $ 50,000
General $ 33,000
General $ 72,000
General $ (16,624)
General $ (8,471)
General $ 45,120
General $ 10,000
Wastewater $ 70,000
Wastewater $ 42,114
Wastewater $ 25,680
Wastewater $ 79,584
Council Action
Increase appropriations to reflect additional costs incurred for the ENGIE Energy Project. Additional cost were associated with trenching for the Solar PV electrical conduit at the Pump Station site.

City Council approved the Change of Work
Order on August 25, 2022
Increase appropriation to contribute funds for the renovation and repair of the Botanic Garden irrigation system.

City Council approved the expenditure on July
14, 2022
Increase appropriation to reflect the new contract with Metro Ventures Ltd. for the period beginning November 10, 2022 and ending May 10, 2024 at a rate of $100 per hour, for a total contract not to exceed $72,000.

City Council authorized the contract with
Metro Ventures Ltd. on October 13, 2022
Increase appropriations to reflect the salary change authorized for the City Manager effective July 1, 2022. The increase in includes a 5% salary increase not previously approved at the time the FY 2022/23 budget was adopted.

City Council authorized the City Manager's
contract amendment on July 14, 2022
Increase appropriations for various studies and work necessary to complete the California Environmental Quality Act (CEQA) documentation required for the Willemsen House Renovation.

City Council approved the expenditure on June
23, 2022
To be taken on October 27, 2022 Increase appropriation for the purchase of Zen City public engagement platform software license.

Increase appropriation for the City's shared cost for anticipated GSA activities for FY 22/23 which includes annual reports, rate study and well metering. To be taken on October 27, 2022 Decrease appropriation to reflect actual LEAP grant expenditures carryover.

Increase appropriations for wastewater collections system cleaning and closed circuit television inspection services contract awarded to Mainline Utility Company. The contract will span over three years beginning FY 2022/23.

Decrease appropriation to reflect actual REAP grant expenditures carryover. To be taken on October 27, 2022 City Council authorized contract on June 23,
2022
Increase appropriations to reflect prior year carryover for ENGIE Energy project.

Project was not completed during the prior fiscal year as anticipated. To be taken on October 27, 2022 To be taken on October 27, 2022
Increase appropriations to reflect prior year carryover for ENGIE Energy project.

Project was not completed during the prior fiscal year as anticipated. To be taken on October 27, 2022 Increase appropriation for water usage at the Wastewater Treatment Plant. After the water meter was replaced, it was determined that the old meter had not been working in the last few years displaying 0 units of usage.

To be taken on October 27, 2022
Increasing appropriations to procure a granite bench to dedicate to Ed Andrisek for his time served as City Council member.

City Council authorized expenditure on August
11, 2022

October 27, 2022
Exhibit A FY 2022-23 First Quarter
Budget Amendments
Water $ 33,752
Water $ 127,390
Budget Amendments by Account Number
Account Budget Item Department Current Budget
With Proposed
Amendment $ Change % Change
001-402-50000 Salaries City Manager 202,482 212,311 9,829 4.85% 001-402-50200 PERS Retirement City Manager 38,599 40,395 1,796 4.65% 001-402-50410 Employer DCP City Manager 12,445 13,024 579 4.65% 001-410-60210
Computer Maintenance &
Software Non-Departmental 32,692 42,692 10,000 30.59%
001-410-77000 Transfer out for Capital Outlay Non-Departmental 2,502,090 2,587,210 85,120 3.40% 001-551-67575 Regulatory Compliance Storm Water 15,000 65,000 50,000 333.33% 001-552-60255 Golf Course - M&R Parks 10,200 20,200 10,000 98.04% 001-552-60259
Maintenance & Repair - Botanic
Garden Parks 27,000 60,000 33,000 122.22%
001-565-60800 Contract Services Planning 200,000 272,000 72,000 36.00% 001-565-60815 Contract Services - LEAP Grant Planning 25,000 8,376 (16,624) -66.50% 001-565-60820 Contract Services - REAP Grant Planning 125,794 117,323 (8,471) -6.73% 005-701-60250 Maintenance/Repair Wastewater 56,100 126,100 70,000 124.78% 005-701-61211 Utilities - Water Wastewater 6,120 31,800 25,680 419.61% 005-701-69100
Transfer out to Other Funds
Wastewater 586,720 708,418 121,698 20.74%
020-601-69100 Transfer out to Other Funds Water 537,740 698,882 161,142 29.97% Amendment Total: $ 625,749
Department Summary
Fund Department Current Budget
With Proposed
Amendment $ Change % Change
General City Manager 304,119 316,323 12,204 4.01%
General Non-Departmental 3,746,706 3,841,826 95,120 2.54% General Storm Water 236,100 286,100 50,000 21.18%
General Parks 526,725 569,725 43,000 8.16%
General Planning 795,160 842,065 46,905 5.90%
Wastewater Wastewater 2,063,734 2,281,112 217,378 10.53% Water Water 2,779,881 2,941,023 161,142 5.80%
Amendment Total: $ 625,749
Increase appropriations to reflect prior year carryover for ENGIE Energy project.

Project was not completed during the prior fiscal year as anticipated. To be taken on October 27, 2022 FY 2022-23 First Quarter Budget Amendments (continued)
Increase appropriations to reflect additional costs incurred for the ENGIE Energy Project. Additional cost were associated with water mitigation needed for the installation of the Solar PV at the Water Treatment Plant.

City Council approved the Change of Work
Order on August 25, 2022

October 27, 2022
Exhibit A FY 2022-23 First Quarter
Budget Amendments
City of Buellton Fiscal Year 2022-23 Capital Improvement Budget Amendments Project Number PROJECT DESCRIPTION
FY 2022-23 Original
Budget
FY 2022-23 Current
Budget
FY 2022-23
Additions/
(Deletions)
FY 2022-23
Proposed
Amended Total % Change
092-102 Storm Drain Outfall Repairs & Re-Establishment 40,000 40,000 - 40,000 0.00% 092-205 City Hall Repair (Roof) - 50,000 - 50,000 0.00% 092-207 Santa Ynez River Trail 75,000 50,000 - 50,000 0.00% 092-212 The Avenue Median 3 Improvements 125,000 125,000 - 125,000 0.00% 092-214 City Hall Emergency Generator/Electrical Replacement - 40,000 - 40,000 0.00% 092-217 River View Park Basketball Court Resurfacing - 80,000 - 80,000 0.00% 092-219 ENGIE Energy Project - - 45,120 45,120 0.00%
092-220 Willemsen Parking Lot - 1,200,000 - 1,200,000 0.00% 092-221 Willemsen House Renovation - 70,000 40,000 110,000 0.00% 092-307 McMurray Road Widening/ TS Improvements 400,000 579,452 - 579,452 0.00% 092-308 North Avenue of Flags Park & Ride 50,000 50,000 - 50,000 0.00% 092-320 Road Maintenance (21/22) - 660,000 - 660,000 0.00% 092-321 Road Maintenance (22/23) 1,300,000 700,000 - 700,000 0.00% 092-401 Misc. River View Park Improvements 50,000 50,000 - 50,000 0.00% 092-603 WTP Facilities Improvement 150,000 150,000 - 150,000 0.00% 092-605 Water Treatment Plant - 100,000 - 100,000 0.00% 092-607 Water Meter Upgrades 100,000 100,000 100,000
092-609 Supplemental Well/WTP Feasibility 50,000 50,000 - 50,000 0.00% 092-610 Water Distribution System Improvements 100,000 100,000 - 100,000 0.00% 092-612 ENGIE Energy Project - - 161,142 161,142
092-613 Reservoir No. 2 Reroof - - - -
092-704 Sewer Line Replacement 250,000 250,000 - 250,000 0.00% 092-706 WWTP Facilities Improvements 300,000 300,000 - 300,000 0.00% 092-710 Plant Power Reliability 300,000 300,000 - 300,000 0.00% 092-711 ENGIE Energy Project - - 121,698 121,698 0.00%
Total Capital Improvement Budget: 3,290,000 5,044,452 367,960 5,412,412 - Fund Account Description FY 2022-23 Original
Budget
FY 2022-23 Current
Budget
FY 2022-23
Additions/
(Deletions)
FY 2022-23
Proposed
Amended Total
% Change
001 092-49726 Transfer from General Fund 1,392,264 2,542,090 85,120 2,627,210 3% 005 092-49729 Transfer from Sewer Fund 850,000 550,000 121,698 671,698 22% 020 092-49732 Transfer from Water Fund 400,000 500,000 161,142 661,142 32% 025 092-49726 Transfer from Gas Tax Fund 300,000 276,277 - 276,277 0% 027 092-49733 Transfer from Local Transportation Fund 10,000 10,000 - 10,000 0% 031 092-49728 Transfer from Measure A 337,736 866,085 - 866,085 0% 032 092-49734 Transfer from American Relief Plan Act - 300,000 - 300,000 0% Total Funding Sources: 3,290,000 5,044,452 367,960 5,412,412 58% Funding Source Budget Action Project No.

Adjustment
Amount Council Action
General 092-221 $ 40,000
Wastewater
092-711 $ 42,114
Water 092-612 $ 33,752
General,
Wastewater,
Water
092-219, 092-711,
092-612
$ 252,094
Funding Sources
FY 2022-23 1st Quarter CIP Budget Amendment Requests
City Council approved the expenditure
on June 23, 2022
City Council approved the Change of
Work Order on August 25, 2022
Increase appropriations for various studies and work necessary to complete the California Environmental Quality Act (CEQA) documentation required for the Willemsen House Renovation.

Increase appropriations to reflect additional costs incurred for the ENGIE Energy Project. Additional cost were associated with trenching for the Solar PV electrical conduit at the Pump Station site.

Increase appropriations to reflect additional costs incurred for the ENGIE Energy Project. Additional cost were associated with water mitigation needed for the installation of the Solar PV at the Water Treatment Plant.

Increase appropriations to reflect prior year carryover for ENGIE Energy project. Project was not completed during the prior fiscal year as anticipated.

City Council approved the Change of
Work Order on August 25, 2022
To be taken on October 27, 2022.

October 27, 2022
Exhibit A FY 2022-23 First Quarter
Budget Amendments
Budget Amendments by Account Number
Account Budget Item Type Current Budget
With Proposed
Amendment $ Change % Change
092-49727 Transfer from General Fund Transfer In (2,542,090) (2,627,210) (85,120) 3.35% 092-221-70005 Design and Permitting Expenditure 70,000 110,000 40,000 57.14% 092-219-71000 Construction and Improvement Expenditure - 45,120 45,120 #DIV/0! 092-49729 Transfer from Sewer Fund Transfer In (550,000) (711,142) (161,142) 29.30% 092-711-71000 Construction and Improvement Expenditure - 161,142 161,142 #DIV/0! 092-49732 Transfer from Water Fund Transfer In (500,000) (621,698) (121,698) 24.34% 092-612-71000 Construction and Improvement Expenditure - 121,698 121,698 #DIV/0! -