Buellton City Council
June 22, 2023

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of June 22, 2023 – 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.

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
Members of the public can observe and address the meeting electronically by clicking here.

CALL TO ORDER
Mayor Dave King

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members, Hudson Hornick, Elysia Lewis, David Silva, Vice Mayor John Sanchez, and Mayor Dave King

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

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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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

1. Minutes of June 8, 2023 Regular City Council Meeting

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

City Council Meeting Agenda Page 2 June 22, 2023

3. Monthly Treasurer’s Report – May 31, 2023
 (Staff Contact: Finance Director Shannel Zamora)

4. Resolution No. 23-16 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2023-24”  (Staff Contact: Finance Director Shannel Zamora)

5. Award of Contract for Reservoir 2 Roof Repair Project  (Staff Contact: Public Works Director Rose Hess)

6. Consideration of Amended Contract with Wallace Group for Fats/Oils/Grease (FOG), Sanitary Sewer Management Plan (SSMP), and Industrial Discharge (ID) Programs Implementation
 (Staff Contact: Public Works Director Rose Hess)

7. Authorizing Subordination of Affordable Housing In-Lieu Funds Loan for Polo Village (Palm Communities) Project
 (Staff Contact: City Manager Scott Wolfe)

PRESENTATIONS

8. Proclamation Recognizing June 2023 as LGBTQIA+ Pride Month

PUBLIC HEARINGS

COUNCIL MEMBER COMMENTS/ITEMS

WRITTEN COMMUNICATIONS

COMMITTEE REPORTS

BUSINESS ITEMS (POSSIBLE ACTION)

9. Award of Contract to California Consulting, Inc. for Grant Writing Services  (Staff Contact: City Manager Scott Wolfe)

10. Resolution No. 23-15 – “A Resolution of the City Council of the City of Buellton, California, Adopting a Water Shortage Contingency Plan Pursuant to the State’s Water Code [10609.60]”
 (Staff Contact: Public Works Director Rose Hess)

11. Authorization to Reclassify the Youth Recreation Coordinator Position to Recreation Coordinator
 (Staff Contact: H.R. Director Linda Reid)
CITY MANAGER’S REPORT

City Council Meeting Agenda Page 3 June 22, 2023

CLOSED SESSION ITEMS (POSSIBLE ACTION)

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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager

ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, July 13, 2023 at 6:00 p.m.

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

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of June 8, 2023
City Council Chambers, 140 West Highway 246
Buellton, California

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

PLEDGE OF ALLEGIANCE

ROLL CALL

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

REORDERING OF AGENDA
None

PUBLIC COMMENTS
None

CONSENT CALENDAR

1. Minutes of May 25, 2023 Regular City Council Meeting

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

3. Resolution No. 23-13 – “A Resolution of the City Council of the City of Buellton, California, Acknowledging the Receipt of and Ordering the Filing of the Annual Statement of Investment Policy for Fiscal Year 2023-24 with the City Council”

4. Resolution No. 23-14 – “A Resolution of the City Council of the City of Buellton, California, Adopting the Biennial Fiscal Year 2023-24 and 2024-25 Budget”

City Council Meeting Minutes Page 2 June 8, 2023

5. Approval of Law Enforcement Contract Holdover Agreement MOTION:

Motion by Council Member Lewis, seconded by Council Member Hornick, approving Consent Calendar Items as listed.

VOTE:

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

Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Silva – Yes
Vice Mayor Sanchez – Yes
Mayor King – Yes

PRESENTATIONS

6. Recognition of Students Participating in City in the School Training City Manager Wolfe recognized the students who participated in the City in the School program at Jonata Middle School and thanked them for their interest in how city government functions.

PUBLIC HEARINGS

7. Resolution No. 23-07 – “A Resolution of the City Council of the City of Buellton, California, Regarding the Commitments and Publishing the Report Required by Central Coast Water Authority Resolution Nos. 92-02 and 92-11” RECOMMENDATION:

That the City Council consider approval of Resolution No. 23-07.

STAFF REPORT:

Public Works Director Hess presented the staff report.

SPEAKERS/DISCUSSION:

Mayor King opened the public hearing at 6:03 p.m. There being no public comment, Mayor King closed the Public Hearing at 6:04 p.m.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Vice Mayor Sanchez, seconded by Council Member Silva adopting Resolution No. 23-07 – “A Resolution of the City Council of the City of Buellton, California, Regarding the Commitments and Publishing the Report Required by Central Coast Water Authority Resolution Nos. 92-02 and 92-11”

City Council Meeting Minutes Page 3 June 8, 2023
VOTE:

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

Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Silva – Yes
Vice Mayor Sanchez – Yes
Mayor King – Yes

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Silva received Council consensus to have staff issue a LGBTQ Pride proclamation at the June 22 Council meeting.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Mayor King announced that he and Vice Mayor Sanchez toured Diablo Canyon Nuclear Power Plant and provided an informational report for the record.

BUSINESS ITEMS

8. Award of Contract for Street Sweeping Services
RECOMMENDATION:

That the City Council consider awarding the street sweeping services contract to SP Maintenance and authorize the City Manager to execute the contract.

STAFF REPORT:

Public Works Director Hess presented the staff report.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Vice Mayor Sanchez, seconded by Council Member Hornick approving the street sweeping services contract with SP Maintenance, which includes the lower liability insurance limit, and authorizing the City Manager to execute the contract.

City Council Meeting Minutes Page 4 June 8, 2023
VOTE:

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

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

ADJOURNMENT
Mayor King adjourned the regular meeting at 6:09 p.m. The next regular meeting of the City Council will be held on Thursday, June 22, 2023 at 6:00 p.m. ____________________________
Dave King
Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk

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

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: June 22, 2023
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 05/27/2023 through 06/09/2023 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 and electronic fund transfers issued for the period of 05/27/2023 through 06/09/2023 was $712,091.57.

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 05/27/2023 through 06/09/2023.

ATTACHMENTS
Attachment 1 – Claims

CITY OF BUELLTON
City Council Agenda Staff Report

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

To: The Honorable Mayor and City Council

From: Shannel Zamora, Finance Director

Meeting Date: June 22, 2023

Subject: Monthly Treasurer’s Report – May 31, 2023
______________________________________________________________________________

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 May 31, 2023. Treasurer’s Reports are presented on a monthly basis.

FISCAL IMPACT

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

RECOMMENDATION
That the City Council receives and files the Treasurer’s Report for the month ending May 31, 2023.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – May 31, 2023

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in May 31, 2023
June 22, 2023
This report presents the City’s cash activity and investment portfolio as of May 31, 2023. The report includes:
1) Cash and investments at May 31, 2023 compared to the prior month;

2) A reconciliation of cash and investments to City ledger balances; 3) All investments managed by the City on its own behalf; 4) Beginning of year fund balance, revenues, expenditures and ending fund balance for each fund at May 31, 2023
The following schedule is a summary of the City’s cash and investments based on recorded value as of May 31, 2023 compared with the prior month.

April 30, 2023 May 31, 2023 $ Change
Cash - Pooled $ 7,549,686.70 $ 7,236,799.09 $ (312,887.61) Investments held by the City 15,875,123.01 15,885,102.90 $ 9,979.89 TOTAL CASH AND INVESTMENTS $ 23,424,809.71 $ 23,121,901.99 $ (302,907.72) Summary of activity for the Month and Future Liquidity: The majority of the difference in the recorded value for cash and investments held by the City from last month is mainly due to the receipt of property tax revenue, April 2023 transient occupancy tax, and 2023 1st quarter sales tax revenue offset with annual state water payment. The value of investments increased mainly due to interest earnings on the money market fund and CDs. The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.

City of Buellton

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

Per Statements: 5/31/2023
Mechanics Bank General Checking 7,342,661.58
Mechanics Bank Money Market 5,288,904.44
Mechanics Bank FSA 10,968.46
Local Agency Investment Fund 8,816,096.64
Multi-Securites Bank 1,780,101.82
Total Cash per Statements: 23,238,732.94
Claim on Cash vs. Total Cash Per Statements: (116,830.95) Outstanding items per System Reconciliation: (116,830.95) Difference: -
12,972,671.29
3,559,703.39
(1,781,177.05)
7,384,186.94
(2,634,883.31)
497,478.24
36,786.85
548,674.72
371,542.59
29,298.88
739,096.28
1,233,343.04
334,675.53
-
-
(169,495.40)
-
23,121,901.99
7,225,830.63
5,288,904.44
10,968.46
1,780,101.82
8,816,096.64
23,121,901.99
999-21000 Wages Payable - -
23,121,901.99
TOTAL: Cash in Bank 23,424,809.71 (302,907.72)
-
TOTAL: Cash in Bank 23,424,809.71 (302,907.72)
999-10004 Pooled Cash - Brokerage 1,784,903.92 (4,802.10) 999-10005 Pooled Cash - LAIF 8,816,096.64
999-10002 Pooled Cash - Money Market 5,274,122.45 14,781.99 999-10003 Pooled Cash - FSA 10,591.66 376.80
TOTAL CLAIM ON CASH 23,424,809.71 (302,907.72)

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 7,539,095.04 (313,264.41) 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash - (169,495.40)
075-10000 Claim On Pooled Cash 334,462.11 213.42
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 703,735.60 35,360.68
032-10001 Claim On Pooled Cash 1,232,556.55 786.49
027-10000 Claim On Pooled Cash 374,236.36 (2,693.77)
029-10000 Claim On Pooled Cash 29,810.20 (511.32)
024-10000 Claim On Pooled Cash 36,763.39 23.46
025-10000 Claim On Pooled Cash 549,538.07 (863.35)
021-10000 Claim on Pooled Cash (2,634,883.31) -
023-10000 Claim On Pooled Cash 497,161.00 317.24
006-10000 Claim on Pooled Cash (1,781,177.05) -
020-10000 Claim On Pooled Cash 8,053,937.73 (669,750.79)

CLAIM ON CASH
001-10000 Claim On Pooled Cash 12,462,920.77 509,750.52 005-10000 Claim On Pooled Cash 3,565,748.29 (6,044.90)
Bank Reconciliation - May 2023
City of Buellton, CA
For the Period Ending 5/31/2023
4/30/2023

BALANCE

CURRENT

ACTIVITY
5/31/2023
BALANCE ACCOUNT # ACCOUNT NAME

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f M a y 3 1 , 2 0 2 3
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City of Buellton
Investment Summary
May 31, 2023
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 55.66% 2.07% n/a n/a $ 8,816,096.64 $ 8,816,096.64 First Technology Bank Fed Cr Union 0.65% 3.60% 5 yrs. 12/26/2023 103,000.00 102,015.32 First Technology Bank Fed Cr Union 0.63% 3.35% 5 yrs. 2/6/2024 100,000.00 98,694.00 Comenity Cap Bank 1.01% 2.80% 5 yrs. 4/15/2024 160,000.00 156,516.80 Morgan Stanley Bank 0.63% 2.75% 5 yrs. 5/2/2024 100,000.00 97,650.00 Capital One Bank 0.63% 2.00% 5 yrs. 8/21/2024 100,000.00 96,045.00 Morgan Stanley Bank 0.63% 1.90% 5 yrs. 1/23/2025 100,000.00 94,687.00 State Bk India 1.26% 1.60% 5 yrs. 4/29/2025 200,000.00 186,754.00 Sallie Mae Bank 0.76% 0.80% 5 yrs. 7/1/2025 120,000.00 109,575.60 Third Fed Savings 1.55% 3.50% 5 yrs. 6/28/2027 245,000.00 230,723.85 Morgan Stanley Bank 0.66% 3.75% 5 yrs. 6/28/2027 104,000.00 98,887.36 Capital One National Association 1.53% 4.30% 5 yrs. 9/30/2027 242,514.04 236,472.60 Global Federal Credit Union 1.57% 4.60% 5 yrs 4/17/2028 249,000.00 243,631.56 Multi-Securities Bank - Cash in Holding 28,448.73
Money Market (Held with Mechanics Bank) 32.83% 3.14% n/a 5,200,000.00 5,288,904.44 Total City Investments 100.00% $ 15,839,610.68 $ 15,885,102.90 Certificates of Deposits (Held with Multi-Securities Bank)

M o n t h l y T r e a s u r e r ’ s R e p o r t
A s o f M a y 3 1 , 2 0 2 3
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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 May 31, 2023.

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 May 31, 2023
Balance
9,586,472.55 8,648,669.53 12,926,984.81
1,148,310.73 1,258,535.62 3,138,782.26
006 - Wastewater Capital - 187,979.13 19,560.62
020 - Water Fund 2,369,587.06 1,684,855.16 8,150,388.81 021 - Water Capital - 353,038.55 14,027.39
4,937.05 - 494,849.42
457.40 - 36,592.82
281,955.12 132,876.23 558,266.37
027 - Local Transportation Fund 105,632.08 20,333.26 372,010.72 029 - Transportation Planning 295.15 4,280.00 (107,238.91) 031 - Measure A 373,484.71 480,300.54 778,832.58
032 - American Relief Act Fund 622,086.26 - 619,825.43
075 - Trust & Agency Fund 3,125.49 - 12,580.93
090 - Long-Term Debt - - (4,098,502.82)
091 - General Fixed Assets - - 26,389,710.21
1,215,891.52
14,157,874.94 49,135,555.24
26,389,710.21
092 - Capital Improvement Proj Fund - 1,387,006.92 (171,115.40) 47,581,195.06 15,712,235.12
286,711.90
(103,254.06)
885,648.41
(2,260.83)
9,455.44
(4,098,502.82)
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 11,989,181.79
005 - Sewer Fund 3,249,007.15
207,539.75
7,465,656.91
Fund Balance Report
City of Buellton, CA 5/31/2023
Fund July 1, 2022
Balance
Total Revenues

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: AK
Council Agenda Item No.: 4

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: June 22, 2023
Subject: Resolution No. 23-16 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2023-24”
______________________________________________________________________________

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

The limitation for Fiscal Year 2023-24 is $15,728,301. The Gann spending limitation is calculated by taking the prior year’s limitation of $15,251,825 and adjusting it by the growth factor in the California Per Capita Personal Income and the change in the population within the City of Buellton. The appropriations subject to the limit is $7,048,364 which is under the appropriation limit by $8,679,937.

Therefore, the City of Buellton is in compliance with Article XIII-B of the California Constitution for Fiscal Year 2023-24. The Article XIII-B is not a restricting factor for the City of Buellton due to the combination of modest population growth and continued General Fund spending on qualified capital projects. These factors will continue to be monitored annually and if the use of alternative growth factors as authorized by Proposition 111 would result in a more advantageous appropriation limit, staff will revise the appropriations limit.

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

Resolution No. 23-16 Page 2 June 22, 2023

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

RECOMMENDATION
That the City Council consider adoption of Resolution No. 23-16 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2023-24”

ATTACHMENTS
Resolution No. 23-16 (Exhibit A)
Attachment 1 - Letter dated May 2023 from California Department of Finance Attachment 2 – Gann Limit Calculation Worksheets FY 2023-24

RESOLUTION NO. 23-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, ESTABLISHING AN
APPROPRIATION LIMIT FOR FISCAL YEAR 2023-24
WHEREAS, Article XIII-B of the California Constitution provides that the total annual appropriations limit of this City shall not exceed the appropriations limit for the prior year, except as adjusted for changes in the cost of living or personal income and population, or as otherwise provided for in said Article XIII-B and implementing State statutes; and WHEREAS, pursuant to said Article XIII-B of said California Constitution, the City is required to set its appropriation limit for each fiscal year, and has made available to the public the documentation used in the determination of said appropriation limit; and WHEREAS, in 1990, the voters of California adopted Proposition 111 which amended Article XIII-B of the California Constitution; and
WHEREAS, among the changes implemented by Proposition 111 are adjustments to the growth factors used to calculate the annual appropriation limit; and WHEREAS, Proposition 111 established Fiscal Year 1986-87 as the base year for calculating the annual Appropriation Limit and permits the City to re-establish the annual Appropriation Limit for all succeeding years based upon the new growth factors; and WHEREAS, a resolution establishing the annual appropriations limit is to be adopted at a regularly scheduled meeting of the City Council; and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.

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

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

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

SECTION 3. The appropriation limit is amended for Fiscal Year 2023-24 and is hereby set forth as Exhibit “A” in the amount of $15,728,301.

Resolution No. 23-16 Page 2 June 22, 2023
SECTION 4. The City reserves the right to adjust or amend the appropriations limit based upon the use of alternative growth factors as authorized by Proposition 111 if such changes or revisions would result in a more advantageous appropriation limit, now or in the future.

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

PASSED, APPROVED and ADOPTED this 22nd day of June, 2023. __________________________________
Dave King
Mayor
ATTEST:
___________________________________
Linda Reid
City Clerk

EXHIBIT “A”

CITY OF BUELLTON
Calculation Using Per Capita Personal Income and Population Change Annual Appropriations Subject to Gann Limit
Fiscal Year 2023-24
Appropriations Subject to Limitation
Fiscal year 2023-24 adopted revenues $15,266,888
Less:

Non-proceeds of tax (5,273,524)

1. Qualified Capital Outlay* (2,945,000)
Plus:

User-fees in excess of costs -
__________
Total Appropriations Subject to limitation $7,048,364
Appropriations Limit
Fiscal year 2022-23 appropriation limit, adopted $ 15,251,825 A. California per Capita adjustment 1.0444
B. Population adjustment 0.9870
Change factor (A X B) 1.0308
Increase in appropriation limit $ 476,476
Fiscal year 2023-24 appropriation limit $15,728,301
*Qualified Capital Outlay: Appropriation for a fixed asset with a useful life of 10 years or more and a value which equals or exceeds $100,000.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: AK
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: June 22, 2023
Subject: Award of Contract for Reservoir 2 Roof Repair Project ______________________________________________________________________________

BACKGROUND
The City of Buellton Water Reservoir No. 2 Roof Repair Project was discussed at the City Council in May 2022, at which the Council provided direction to design the new roof utilizing aluminum. The City’s engineering staff has prepared the plans and specifications for the roof replacement (with subsequent Addendum No. 1, hereby incorporated). These design plans for the Project are determined to be complete and consistent with the City’s standards and were approved by the City Engineer.

Council’s approval of the design occurs before actual work and construction has commenced for the Project, thereby availing the City of the immunities set forth in Government Code Section 830.6.

In May 2023, the project was publicly noticed and an invitation to bid was issued. A mandatory pre-bid job walk occurred on May 22, 2023. On June 6, 2023, staff received and opened 2 bids as follows:

Company Bid Amount

1. Spiess Construction Co. $1,740,411.00

2. Taylor Jane Construction $1,756,465.00
Staff reviewed both Spiess Construction and Taylor Jane Construction’s Bid Packages and found them correct and complete. The lowest responsible bidder is still Spiess Construction Co. at $1,740,411.00. Staff recommends that a contingency amount of $87,000 (~5%) be included in the contract for extra work that may result.

The project duration is 190 working days. However, part of the work includes subcontract work with CST Industries for design/manufacturing of the aluminum roof. Due to the nature and urgency of this work, staff may authorize weekend work (Saturday and Sunday) between the hours of 8 am and 5 pm as needed.

Reservoir 2 Roof Repair Page 2 June 22, 2023

FISCAL IMPACT
The Reservoir 2 Roof Repair Project is budgeted for FY 22/23-23/24.

RECOMMENDATION
Staff recommends that Council approve the plans and specifications, including amendment no. 1, award the contract for the Reservoir 2 Roof Repair Project to Spiess Construction in the amount of $1,740,411.00 with a contingency amount of $87,000 for a total cost of $1,827,411, and authorize the city manager to execute that contract.

ATTACHMENTS
Attachment 1 – Construction Contract

PAGE 37
B1 – CONTRACT AGREEMENT
TETRA TECH, INC.

RESERVOIR NO. 2 ROOF REPLACEMENT PROJECT
MAY 2023

CITY OF BUELLTON, CALIFORNIA
B1 CONTRACT AGREEMENT
PROJECT: CITY OF BUELLTON – RESERVOIR NO. 2 ROOF REPLACEMENT PROJECT AMOUNT OF CONTRACT: $1,740,411.00
THIS AGREEMENT, made and entered into this day of , 2023, by and between the City of Buellton, a California municipal corporation (“Owner”) and Spiess Construction Co., Inc., a California [LLC] (“Contractor”).

Owner and Contractor may each be referred to herein as a Party, and collectively, the Parties.

IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER

SET FORTH, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE VALUE AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES DO HEREBY AGREE as follows:

ARTICLE I: GENERAL
For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by Owner, Contractor agrees with Owner to perform and complete in a workmanlike manner all work required under the Bidding Schedule of Owner's specifications and requirement (the “Specifications”) entitled Project Title in accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment, tools, transportation, and services necessary therefor, except such materials, equipment and services as may be stipulated in Specifications to be furnished by Owner, and to do everything required by the Agreement and the Specifications and Drawings, for the sum of $1,740,411.00 (the “Price”), pursuant to the Bidding Schedule in SECTION A4 BID SCHEDULE and made a part hereof.

ARTICLE II: PAYMENT
For furnishing all labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement and the Specifications and Drawings; for all loss and damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by Owner, in Owner’s sole and absolute discretion, and for all risks of every description connected with the work; for all expenses resulting from the suspension or discontinuance of work, except as in the Specifications are expressly stipulated to be borne by Owner and for completing the work in accordance with the requirements of Specifications and drawings, Owner will pay, and Contractor shall receive, in full compensation therefor, the price named in the above mentioned Bidding Schedule.

ARTICLE III: CONSIDERATION
Owner hereby employs Contractor to perform the work according to the terms of this Agreement for the above mentioned Price and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the Specifications, as determined by Owner; and the Parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees’ option), indemnify, protect and hold harmless the Owner and its project consultants, engineers, officers, agents and employees (collectively, the “Indemnitees“) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including attorneys’ fees and costs), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including the property owned by or under the care and custody of Owner, and for civil fines and penalties, that may arise from or be caused, in whole

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RESERVOIR NO. 2 ROOF REPLACEMENT PROJECT
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CITY OF BUELLTON, CALIFORNIA
or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:

1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors;

2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;

3. Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors;

4. Any failure of Contractor, its officers, agents or employees, to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and

5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Subsubsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of Owner.

Contractor also agrees to indemnify Owner and pay for all damage or loss suffered by Owner including but not limited to damage to or loss of Owner property, to the extent not insured by Owner and loss of Owner revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts omissions or negligence referred to in Sub-subsections (1), (2), (3), (4), and (5).

Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of Owner under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless Owner for liability attributable to the active negligence of Owner, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Owner is shown to have been actively negligent and where Owner’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Owner.

Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.

Failure of Owner to monitor compliance with these requirements imposes no additional obligations on Owner and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Owner as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section.

This Indemnity shall survive termination of the Agreement or final payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, Owner may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, Owner may release such funds if Contractor provides Owner with reasonable assurance of protection of the Indemnitees’ interests.

Owner shall, in its sole and absolute discretion, determine whether such assurances are reasonable.

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B1 – CONTRACT AGREEMENT
TETRA TECH, INC.

RESERVOIR NO. 2 ROOF REPLACEMENT PROJECT
MAY 2023

CITY OF BUELLTON, CALIFORNIA
ARTICLE V: WAGES
The general prevailing rates of per diem wages and general prevailing rate for holiday and overtime work in the locality in which the work is to be performed have been determined by Owner. Said general prevailing rates of per diem wages are hereby incorporated herein and made a part hereof. The Contractor agrees that it, or any subcontractor under it, will pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the Contract.

Any contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of the call for bids.

ARTICLE VI: HOURS AND WORKING CONDITIONS
Owner is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are made a part of this contract to the same extent as though set forth herein and will be complied with by Contractor.

ARTICLE VII: COMPONENTS OF AGREEMENT
The Bid Information Sheet, Contractor's Proposal, Bid Bond, Information Required of Bidder, Faithful Performance Bond, Labor and Material Bond, Certificate of Compliance, Insurance Requirements for Contractors, Labor Provisions, Standard Specifications for Public Works Construction (latest edition), General Provisions, General Provisions Modifications, Special Provisions, Specifications, Drawings and all Addenda issued by the Owner with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.

ARTICLE VIII: ADDITIONAL PROVISIONS
Notices.

All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; or (ii) five (5) business days after the date of posting by the United States Post Office if by mail. Forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

If to Owner:

City of Buellton
PO Box 1819
Buellton, CA 93427
If to Contractor:

Spiess Construction Co., Inc.

PO Box 2849
Santa Maria, CA 93457

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B1 – CONTRACT AGREEMENT
TETRA TECH, INC.

RESERVOIR NO. 2 ROOF REPLACEMENT PROJECT
MAY 2023

CITY OF BUELLTON, CALIFORNIA
Either Party may change its address by notifying the other Party of the change of address in writing.

Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by Owner. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. [SIGNATURES ON FOLLOWING PAGE]

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B1 – CONTRACT AGREEMENT
TETRA TECH, INC.

RESERVOIR NO. 2 ROOF REPLACEMENT PROJECT
MAY 2023

CITY OF BUELLTON, CALIFORNIA
IN WITNESS WHEREOF, this contract has been executed on the day and year first above written.

APPROVED AS TO FORM:

City Attorney CITY OF BUELLTON
a Municipal Corporation
APPROVED AS TO CONTENT: By
MAYOR
City Engineer

CONTRACTOR
ATTEST: By
City Clerk Title

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B1 – CONTRACT AGREEMENT
TETRA TECH, INC.

RESERVOIR NO. 2 ROOF REPLACEMENT PROJECT
MAY 2023

CITY OF BUELLTON, CALIFORNIA

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: AK
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: June 22, 2023
Subject: Consideration of Amended Contract with Wallace Group for Fats/Oils/Grease (FOG), Sanitary Sewer Management Plan
(SSMP), and Industrial Discharge (ID) Programs Implementation ______________________________________________________________________________

BACKGROUND
The City of Buellton operates and maintains over 20 miles of sewer collection system and a 650,000 gallon per day design capacity wastewater treatment plant (WWTP). Both the collection system and WWTP are subject to regulatory requirements issued by the State Water Resources Control (SWRCB) and the Regional Water Quality Control Board (RWQCB).

There are two orders and permits under the SWRCB and RWQCB that regulate the city’s activities: Waste Discharge Requirement (WDR) Permit Order No. 99-134 and General Waste Discharge Requirements for Sanitary Sewer Systems (SSSWDR) Order No. 2006- 003-DWQ.

WDR Permit Order No. 99-134 – is regulated by the RWQCB and directs the City to regulate its Industrial Discharges and implement Pretreatment Program Activities to protect our publically owned treatment works (POTW) through managing user process wastewater discharges.

SSSWDR Order No. 2006-003-DWQ – is regulated by the SWRCB and requires the development and implementation of the Sewer System Management Plan (SSMP) and within that, regulates the Fats/Oils/Grease (FOG) Program.

The Wallace Group has been implementing these programs for the City since 2008, assisting with the creation of the SSMP, performing system and program audits, providing inspection and outreach services to our businesses and providing permitting services.

These programs affect all industrial/commercial businesses in the city, in particular, those that discharge waste from manufacturing or processing goods or consumables and restaurants and similar facilities.

Wallace Group Contract Page 2 June 22, 2023
In order to provide continuity of services to the community, staff has worked with Wallace Group for the Scope of Services to be performed in the next two fiscal years. The scope of work includes the SSMP audit, continued management of the FOG Program and Industrial Discharge/Pretreatment Program, including inspections, reporting and permitting, support for storm water site inspection services, staff permit and compliance training, WWTP compliance support services for monitoring and reporting, coordination with regulatory agencies regarding permits and monitoring plans. Work is performed on an hourly, time and materials basis, with the annual cost estimate of $156,100.

FISCAL IMPACT
This professional consulting services, estimated at $156,100, has been included in the approved FY 2023/24 and 2024/25 Biennial Budget.

RECOMMENDATION
Staff recommends that Council authorize the amended contract with Wallace Group and authorize the city manager to execute that contract.

ATTACHMENTS
Attachment 1 – Wallace Group Consulting Services Contract Amendment (Exhibit A)

AMENDMENT NO.8 TO AGREEMENT
Wallace Group
and
City of Buellton
THIS AMENDMENT NO.8 TO AGREEMENT (the "Amendment") is entered into this 22nd day of June 2023 by and the CITY OF BUELLTON, a California municipal corporation ("City"), and Wallace Group. ("Wallace"), a corporation duly organized and operated under the laws of the State of California.

RECITALS
A. On August 14, 2014, Wallace and the City entered into a Public Contract Agreement (the "Agreement") for the purpose of public works regulatory compliance work for wastewater professional services for the City of Buellton.

B. Pursuant to the Agreement, Section 1. Term of Agreement. Such term may be extended upon written agreement of both parties to this Agreement on an annual basis as executed by the City Manager.

C. The City has reviewed the scope of work proposed for Fiscal Years 23/24 – 24/25 and finds it appropriate to extend the period of the Agreement another two years in accordance with the purposes set forth in the Agreement.

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

1. Exhibit "A" of the Agreement, "SCOPE OF SERVICES/PROPOSAL" is hereby amended to add:
"Proposal for Professional Services for Public Works Regulatory Compliance FY 23/24 – 24/25, dated May 4, 2023"

2. Section 4 (a) of the Agreement is hereby amended to read as follows:
"(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "A" and made a part of this AGREEMENT. The total compensation, including reimbursement for actual expenses, shall not exceed one hundred fifty-six thousand and one hundred dollars $156,100.), unless additional compensation is approved in writing by the City Manager or his or her designee."

3. Except as expressly modified herein, all the terms referenced in this Amendment shall have the same meaning as the terms defined in the Agreement.

4. Except as expressly modified by this Amendment, all terms and provisions of the Agreement shall remain in full force and effect.

IN WITNESS HEREOF, the parties have executed Amendment No. 8 to the Agreement.

CITY OF BUELLTON

Scott Wolfe
City Manager

Wallace Group

Print/sign name

May 4, 2023
Rose Hess
City of Buellton Public Works
PO Box 1819
Buellton, California 93427
Subject: Proposal for Professional Services for Public Works Regulatory Compliance FY 2023/24 City of Buellton
Dear Ms. Hess:

Wallace Group appreciates the opportunity to provide you with our proposal for professional services for Fiscal Year (FY) 2023/2024 & FY 2024/2025. Based on our experience from FY 2022/2023 working with the Food Service Establishments, Commercial, and Industrial users of the sewer system, Regulatory Agencies for the City of Buellton (City), anticipated changes to regulatory requirements for Sanitary Sewer Systems and the City WWTP and discussions with City staff the following Scope of Services has been prepared for your consideration:

PROJECT UNDERSTANDING
The City operates and maintains approximately 20 miles of sewer collection system and a 650,000 gallon per day design capacity wastewater treatment plant (WWTP), which is designed to treat domestic-type wastewater. Both the collection system and WWTP are subject to regulatory requirements issued by the State Water Resources Control Board (SWRCB) and Central Coast Regional Water Quality Control Board (RWQCB). The City has requested Wallace Group to provide services to support the various compliance elements and other programs and objectives described as follows:
 The City initiated a Fats, Oils, and Grease (FOG) Program in 2009 due to high concentrations of FOG in the Publicly Owned Treatment Works (POTW) and to comply with the FOG Control Program element of the SSMP. This program is ongoing and as part of this proposed contract, Wallace Group will provide FOG Program management and implementation services for FY 2023/2024.
 The City’s WWTP and collection system are also regulated by the RWQCB Waste Discharge Requirements (WDR) Permit, Order No. 99-134. This permit directs the City to perform certain Pretreatment Program activities to protect the POTW, which includes the WWTP and the sewer collection system, through managing user process wastewater discharges.

In order to comply with this requirement, Wallace Group will provide Pretreatment Program management and implementation services for FY 2023/2024.  The City manages a MS4 Storm Water Control Program in accordance with the WDRs for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (Order No. 2013-0001-DWQ). Wallace Group will assist the City to comply with the mandates in this Order assisting with facility inspections and facilitating public outreach and education efforts with Commercial and Industrial facilities.
 The City is in the process of complying with two (2) new regulatory requirements; SWRCB Statewide Waste Discharge Requirements for Sanitary Sewer Systems (adopted in December 2022 with effective date for implementation June 5, 2023) and SWRCB General Waste Discharge Requirements, Order No. R3-2020-0020 for Discharges from Domestic Wastewater Systems with Flows Greater than 100,000 Gallons per Day. Wallace Group will assist with program development for these requirements.

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City of Buellton
May 4, 2023

 The City is required to conduct annual training to support both the Wastewater Treatment Plant and Wastewater Collection System. Wallace Group will provide training for compliance with the General Waste Discharge Requirements for Sanitary Sewer Systems and as a corrective action for compliance with the WWTP WDRs.  Lastly, as directed by the City of Buellton Public Works Director/City Engineer, Wallace Group will provide other Regulatory Compliance related services and Special Projects.

Based on our discussions and understanding of the Project, the following Scope of Services has been prepared for your consideration:

SCOPE OF SERVICES
Wallace Group will provide the following services:

Task 1.0 Public Works Regulatory Compliance Project Management and Meetings This Task covers Project Management and Meetings for work covered in Tasks 2.0 through

11.0. Task 1.1: Project Management and Coordination
This Task includes monthly coordination of project activities, including scheduling and budget controls, staffing needs and coordination, Client coordination, quarterly status updates, and other related project management activities.

Task 1.2: Fiscal Year 2023/2024 Regulatory Compliance Kick-off Meeting We will coordinate and attend a kick-off meeting with key Wallace Group team members and City staff. We will prepare the meeting agenda and minutes for this meeting. This meeting will focus on scope of work, schedule, deliverables, and other components of regulatory compliance services for Fiscal Year 2023/2024 so that the project scope and deliverables are agreed upon by both parties.

Task 1.3: QA/QC
Wallace Group team members will provide in-house quality assurance and quality control (QA/QC) for components of each project. The QA/QC will be conducted by Senior or Principal Engineers/Department Directors and/or Senior Environmental Compliance Specialists within Wallace Group.

Task 1.0 Deliverables:
 Email documentation of meetings and pertinent project coordination correspondence, including quarterly status updates.

Task 2.0 Management of Fats, Oils, and Grease (FOG) Program FY 2023/24 The City’s FOG Program has been implemented since 2009. Effective implementation of the program has been instrumental in reducing Sanitary Sewer Spills to less than one (1) per year on average.

The FOG Program is an element of the SSMP whose primary purpose is to inform and direct Food Service Establishments (FSEs) to manage their FOG in order to prevent and reduce Sewer Spills.

Task 2.1: FOG Program Management
Wallace Group will continue to perform FOG permitting, semiannual inspections, and reinspections for the City at its FOG producing facilities for FY 2023/24 & FY2024/25. The FOG Program will include the following:

PP23-7854
City of Buellton
May 4, 2023

 One, one (1) hour meeting annually to confirm goals for the FOG Program  A semiannual inspection of approximately fifty (50) facilities  Performance of re-inspections when noncompliant conditions are identified  Implementation of enforcement response with the City Public Works Director for facilities who remain noncompliant
 Permit renewal of facilities enrolled in the FOG Program  Education and permitting of new facilities that opened for business and removal from the FOG Program of those facilities that have closed
 Assistance with FOG Program related plan check for new facilities and projects undergoing remodel
 Issuance of monthly reports documenting FOG program status Task 2.0 Deliverables:
 Electronic copies of all inspection reports (PDF format)  Electronic copies of all permit applications and permits issued (PDF format)  Monthly reporting of FOG program status (PDF format)
 Electronic copies of updated outreach materials provided to facilities as applicable (PDF format)
 Electronic copies of updated outreach materials for residential FOG education (PDF format)
Task 2.0 Schedule:

Upon receipt of the signed proposal, Wallace Group will schedule the FOG Program meeting after July 7, 2023 and schedule the next round of FOG inspections.

Task 3.0 Storm Water Program Management Services
The City Storm Water Management Program was initiated in September of 2010.

The purpose of the City Storm Water Management Program is to ensure compliance with the State program by working with existing and new businesses in the City to educate them about best management practices for site storm water runoff control and about the State Water Resources Control Board Industrial General Permit.

Many of the facilities regulated by the FOG and/or Pretreatment Program are also regulated by the Storm Water Program. The City can leverage Wallace Group field staff by having us also conduct Storm Water Program activities.

Task 3.1: Storm Water Management Program:

Wallace Group will conduct educational outreach to businesses permitted in the Pretreatment Programs along with other businesses identified by the City Public Works Director/City Engineer by performing the tasks below:
 One, one (1) hour meeting annually to determine goals for Storm Water Program compliance activities
 Issue a Storm Water educational outreach flyer to Pretreatment Permitted Businesses and other businesses identified by the Public Works Director/City Engineer during Pretreatment inspections
 Document storm water outreach efforts and observed violations of the City’s MS4 Program in reports to the Public Works Director/City Engineer
 Issuance of quarterly reports documenting Storm Water Program status Task 3.0 Deliverables:
 Electronic copies of all Storm Water Outreach Reports (PDF format)

PP23-7854
City of Buellton
May 4, 2023

 Quarterly reporting of Storm Water Outreach status (PDF format)  Electronic copies of updated outreach materials provided to Businesses as applicable (PDF format)
Task 3.0 Schedule:

Upon receipt of the signed proposal, Wallace Group will schedule Storm Water Program meeting after July 7, 2023. Storm Water inspections will be conducted in conjunction with Industrial Wastewater Discharge (IWD) and FOG inspections.

Task 4.0 Management of Pretreatment Program
The City Pretreatment Program is a requirement of the Central Coast RWQCB WDR Permit, Order No. R3-2020-0020 and MRP No. R3-2022-0036, which requires the City to conduct certain Pretreatment Program activities.

The purpose of the City Pretreatment Program is to work with existing and new businesses in the City to regulate their discharge of process wastewater in order to protect the POTW from harmful pollutants.

Implementation and management of the City Pretreatment Program since 2009 has assisted the City in meeting its effluent discharge limits at the WWTP.

Task 4.1: Pretreatment Program Management:

Wallace Group will continue to perform Pretreatment Program Industrial User (IU) permitting, annual inspections, and re-inspections for the City for its identified IUs for FY 2023/2024 by performing the tasks below:
 One, one (1) hour meeting annually to confirm goals for the Pretreatment Program  An annual inspection of approximately forty (40) IUs; approximately twenty (20) of these forty (40) Industrial Users will receive semi-annual inspections in an effort to strengthen compliance efforts with facilities who have struggled to meet the conditions of their wastewater discharge permit
 Performance of re-inspections when non-compliant conditions are identified  Implementation of enforcement response with the City Public Works Director for IUs who remain noncompliant
 Assistance with plan check on pretreatment devices/systems for new facilities  Characterization of IWD discharges
 Permit renewal of IUs enrolled in the Pretreatment Program  Random sampling for up to twelve (12) industrial facilities as requested by the City  Education and permitting of new IUs who open for business and removal from the Pretreatment Program of those IUs that have closed
 Issuance of quarterly reports documenting Pretreatment Program status Task 4.0 Deliverables:
 Electronic copies of all IWD inspection reports (PDF format)  Electronic copies of all issued IWD permit applications and permits (PDF format)  Electronic copies of all received IU Monitoring Reports (PDF format)  Quarterly reporting of Pretreatment Program status (PDF format)  Electronic copies of updated outreach materials provided to Industrial Users as applicable (PDF format)
Task 4.0 Schedule:

Upon receipt of the signed proposal, Wallace Group will schedule the Pretreatment Program meeting after July 7, 2023 and schedule the next round of Pretreatment inspections.

PP23-7854
City of Buellton
May 4, 2023

Task 4.0 Exceptions
Wallace Group did not include costs associated with physical lab analysis in this proposal. It is assumed the City will pay directly for costs associated with lab fees.

Task 5.0 Storm Water Outreach - Automotive Facilities
Wallace Group will develop additional outreach and education materials as necessary and conduct site visits with approximately twenty-one (21) Automotive Repair Facilities as directed by the Public Works Director to provide education and outreach in support of the City’s existing storm water program.

Task 5.0 Schedule:

Upon receipt of the signed proposal, Wallace Group will schedule site visits and conducting outreach efforts after July 7, 2023.

Task 5.0 Deliverables:
 Completed storm water outreach checklist documenting outreach with each facility.

Task 6.0 Compliance with Regulatory Requirement:

General Waste Discharge Requirements Order No. R3-2020-0020 and Monitoring and Reporting Requirements No. R3-2022-0036
Wallace Group will work with the City to meet these new regulatory requirements by completing the following:
 Meetings with Regional Water Quality Control: Meetings with RWQCB Staff will be conducted as needed.
 Technical Reports: Wallace Group will work with the City to develop the following required Technical Reports:
o Pretreatment Program Plan: Wallace Group will update the City’s existing pretreatment program into a formal plan for compliance with Attachment D:

Reporting Requirements, Part A Technical Reports Section 1. o Climate Change Adaptation Plan: In accordance with General Order Provision IV.A.9.iii, we will prepare a Climate Change Adaptation Plan (CCAP) specific to the City of Buellton WWTP. As required by the Monitoring and Reporting Program (MRP R3-02022-0036), the CCAP will discuss (1) hazards and vulnerabilities and (2) resiliency actions to be implemented by the City to mitigate the identified hazards.
 Hazards will be identified using publicly available resources available through the State such as Cal-Adapt. A vulnerability assessment will be conducted for the wastewater system considering the hazards associated with climate change. The vulnerability assessment will focus on the wastewater treatment facility (WWTF) but will extend to areas in the collection the system with the potential to impact operations at the WWTF. The vulnerability assessment will involve review of the City’s GIS database of wastewater assets in addition to a field review of assets vulnerable to identified hazards. Vulnerability will be assessed based on the severity of the hazards, condition of the specific assets, and consequence of failure.
 The CCAP will consider the potential hazards associated with:
 Precipitation pattern changes, including drought and
extreme/peak rainfall and flooding events

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City of Buellton
May 4, 2023

 Temperature fluctuations and extremes
 Increased risk of wildfires
 Increased power outages
 Sea-level rise is not applicable to the City of Buellton’s WWTP and WWTP site.
 The CCAP will address resiliency actions the City can take to mitigate the hazards identified in the evaluation and reduce vulnerabilities within the wastewater system. The resiliency actions developed will focus on the most significant vulnerabilities identified to ensure recommended options are those that are most cost effective and achieve long-term resilience. To this end, the CCAP will outline a monitoring program the City can implement to assess hazards over time and establish thresholds for implementation of specific resiliency actions.
 We prepared the scope for the CCAP with the understanding that it will satisfy the requirements of the General Order/MRP. Any additional analysis required by the Regional Water Board after their review of the CCAP can be completed upon authorization by the City as an additional scope of work.
o Salt & Nutrient Management Plan Support: In accordance with General Order Provision IV.A.9.iv, the City may be required at some time in the future, to prepare a Salt & Nutrient Management Plan, if/when directed by the Regional Board. Wallace Group recommends at this time, to exclude a scope and budget item for this effort at this time. The “trigger” for when this S&NMP may be required, could be if/when the City implements a recycled water program. Also, most S&NMPs are collaborative efforts with other stakeholders in the region/watershed, and thus it is difficult to define the scope of work and level of effort required for this S&NMP at this time.

Task 6.0 Deliverables:
 Draft Technical Reports - One (1) electronic PDF
 Final Technical Reports - One (1) hard copy and one (1) electronic PDF Exclusions:
 Salt and Nutrient Management Plan
 Monitoring Well Design, Expansion of existing Groundwater Monitoring Program  Time Schedule Compliance Plan
Task 7.0 Wastewater Treatment Plant (WWTP): Assistance with Monthly and Annual Reporting
Wallace Group will assist City staff with the completion of monthly self-monitoring reports for the WWTP. Services will include QA/QC of reports completed by City staff, assistance with reporting templates, assistance with the trending of data and development of the 2023 WWTP Annual Report.

Task 7.0 Deliverables:

Electronic copies of templates and other data developed for monthly and annual reports.

Task 7.0 Schedule:

Monthly review of City Self-Monitoring Reports and Annual Report.

PP23-7854
City of Buellton
May 4, 2023

TO BE PROVIDED BY THE CLIENT
 All lab data as requested for the WWTP
 Electronic copies of monthly draft self-monitoring reports Task 8.0 Training WWTP and GWDR
Wallace Group will provide training to City staff in the following areas:
 Spill Emergency Response Program (SERP)
 New General Waste Discharge Requirements for Sanitary Sewer Systems  WWTP WDR and Monitoring and Reporting Program
 WWTP SOPs
Task 9.0 Compliance with new Regulatory Requirement: General Waste Discharge Requirements for Sanitary Sewer Systems
Updated regulations to the General Waste Discharge Requirements (GWDRs) for Sanitary Sewer Systems which require the City to develop, maintain and implement a Sewer System Management Plan (SSMP).

Wallace Group will assist the City with the following tasks for compliance with these updated regulations:
 CIWQS Assistance for New Program Coverage
 Assist with System Performance Analysis as described on Section 5.11 of the New General Order
 Assist with Annual Report as described in Section 5.13.2 of the New General Order  Annual Spill Emergency Response Training
 Annual General Order Training
 SSMP Audit

TO BE PROVIDED BY THE CLIENT
 Collection System information and exhibits necessary to complete Task 10.0 as described above.
 Other data as requested.

Task 10.0 Special Projects:

Wallace Group will assist City staff as requested with Special Projects associated with Regulatory Compliance such as but not limited to:
 Additional Storm Water Program Support
 Supporting Projects and Programs for the SSMP
 Additional Compliance Related Training
 Additional assistance for compliance with new WWTP WDRs  Engineering Services
 Other tasks as requested

ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services may also benefit your project. Wallace Group can provide these services, directly or through sub-consultants, however, they are not included in the current Scope of Services or estimate of fees:

PP23-7854
City of Buellton
May 4, 2023

 Revisions to the City Municipal Code
 GIS database and maps
 Survey
 California Integrated Water Quality Information System (CIWQS) Reporting

PROJECT FEES
The project fees are shown allocated by task to indicate our expected distribution of work.

However, the task fee allocations are not individual contract limits.

Wallace Group will perform the services denoted in Task 1.0 through Task 10.0 the proposed Scope of Services on a time and materials basis. For budgeting purposes, our preliminary estimate is that over the next 12 months, our fees will be $5,000 to $30,000 per month with a total not to exceed a 12-month total of $156,100 in FY 2023/24 and $152,000 in 2024/25 based upon the breakdown in the following table:

Wallace Group Professional Service
Cost
Estimate
FY 2023/24
Cost
Estimate
FY 2024/25
Task 1.0 Public Works Regulatory Compliance Project
Management and Meetings $8,600 $8,600
Task 2.0 FOG Program Management $23,000 $23,500
Task 3.0 Storm Water Services $9,500 $9,500
Task 4.0 Pretreatment Program Management $38,500 $39,000 Task 5.0 Storm Water Outreach: Automotive Facilities $3,800 $3,800 Task 6.0 New WDR Compliance WWTP $36,000 $15,000
Task 7.0 WWTP SMR Monthly and Annual Reporting
Assistance $13,000 $13,000
Task 8.0 Training WWTP and GWDR $4,000 $4,000
Task 9.0 New WDR Compliance Sanitary Sewer System $3,000 $9,000 Task 10.0 Special Projects $14,100 $24,000
Reimbursables $2,600 $2,600
ESTIMATED TOTAL $ 156,100 $ 152,000
These services will be invoiced monthly on an accrued basis in accordance with the attached Schedule of Fees (Exhibit A). Reimbursables are included in the time and materials estimated fee amount stated above.

PP23-7854
City of Buellton
May 4, 2023

At your request, additional services to the Scope of Services will be performed by Wallace Group following the signature of our Contract Amendment or the initiation of a new contract.

TERMS AND CONDITIONS
In order to convey a clear understanding of the matters related to our mutual responsibilities regarding this proposal, we will perform the work in accordance with the City of Buellton Agreement for Professional Services and is considered a part of our proposal agreement. If this proposal meets with your approval, please sign where indicated and return to our office and/or prepare a Purchase Order, which will serve as our notice-to-proceed.

We want to thank you for this opportunity to present our proposal for professional services. If you would like to discuss this proposal in greater detail, please feel free to contact me or Bill Callahan.

Sincerely,
WALLACE GROUP, a California Corporation TERMS AND CONDITIONS ACCEPTED:

Kari E. Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
T 805 544-4011 Title
F 805 544-4294 ____________________________________
www.wallacegroup.us Date
Attachments
kc: PP23-7854, 2022, std
Exhibit A
THIS PROPOSAL IS VALID FOR 60 DAYS FROM THE DATE OF THIS DOCUMENT.

Exhibit A
Standard Billing Rates
Engineering, Design & Support Services:

Assistant Designer/Technician ......................................... $110 Designer/Technician I – IV .............................................. $115/$125/$135/$145 Senior Designer/Technician I – III ...................................... $158/$165/$172 GIS Technical Specialist ................................................. $150 Senior GIS Technical Specialist ........................................ $160 Associate Engineer I – III ................................................ $130/$$140/$150 Engineer I – IV ............................................................. $160/$165/$170/$175 Senior Engineer I - III .................................................... $185/$190/$195 Director .................................................................... $200 Principal Engineer/Consulting Engineer .............................. $240 Principal ................................................................... $260 Public Works Administration Services:

Project Analyst I - IV ..................................................... $115/$125/$135/$145 Senior Project Analyst I - III ............................................ $150/$155/$160 Senior Environmental Compliance Specialist I - III .................. $165/$170/$175 Support Services:

Office Assistant ........................................................... $100 Project Assistant I – III ................................................... $110/$115/$125 Right to Revisions:

Wallace Group reserves the right to revise our standard billing rates on an annual basis, personnel classifications may be added as necessary.

Additional Professional Services:

Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $400 an hour. If required to meet schedule requests, overtime on a project will be billed at 1.5 times the employee’s typical hourly rate.

Direct Expenses:

Direct expenses will be invoiced to the client and a handling charge of 15% may be added.

Sample direct expenses include, but are not limited to the following:
 travel expenses  sub-consultant services  agency fees  delivery/copy services  mileage (per IRS rates)  other direct expenses Invoicing and Interest Charges:

Invoices are submitted monthly on an accrued cost basis. A finance charge of 1.5% per month may be assessed on all balances that are thirty days past due.

WALLACE GROUP 1
2022 Standard Billing Rates

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

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 22, 2023
Subject: Authorizing Subordination of Affordable Housing In-Lieu Funds Loan for Polo Village (Palm Communities) Project
______________________________________________________________________________

BACKGROUND
Palm Communities (Palm) is the applicant and prospective developer of the Polo Village Project, which was ministerially approved under the SB 35 entitlement process. The Polo Village project will result in the development of forty-nine (49) units to be affordable at the Very Low Income affordability level. The project is to be located at 560 McMurray Road (Assessor’s Parcel Number 137-090-067), just north of the Village Townhome neighborhood.

On June 23, 2022, the City Council authorized the use of $341,491.000 of Affordable Housing In-Lieu funds to aid in the construction of the project. The Affordable Housing In-Lieu funds are conveyed to the developer through a residual receipts loan, which is repaid back to the City by the developers over a period of time up to 55 years. The nature of this type of loan is explicitly subordinate to primary financing loans, and is therefore secured by a “Subordinate Loan Note” and a “Subordinate Deed of Trust.” However, this is not the only source of residual receipt loan financing for the developer. The County has authorized a HOME program loan in the amount of $1.25 million. As a larger loan amount, this loan requires that it be senior to the City’s loan. Therefore, the developer has requested that the City agree to subordinate the loan to allow for this.

Subordination of this loan to the County’s loan will give the County priority in being repaid in the event of a default of the note holder. It will not result in any reduction or delay of repayment to the City, except in the case of default.

This is the first such request for subordination for this type of loan that the City has received. However, staff anticipates at least two more such requests in the near future.

Therefore, staff is requesting that the City Council not only authorize the City Manager to sign the Subordination Agreement to be provided by the County (subject to approval of form by the City Attorney), but also that the City Council authorize a similar process for subsequent requests for subordination in favor of loans which are larger than that provided by the City.

In-Lieu Loan Polo Village Page 2 June 22, 2023

FISCAL IMPACT
Action on this is not anticipated to result in an impact on the General Fund. In the event of a loan default, there would be other loans that would have higher priority for repayment, and therefore an indeterminate amount of restricted housing funds (up to $341,491.00) could be lost.

RECOMMENDATION
Staff recommends that the City Council, authorize the City Manager and City Attorney to sign a Subordination Agreement from Santa Barbara County for the Polo Village project, and to similarly approve future requests for subordination for loans of City Housing funds.

CITY OF BUELLTON
City Council Agenda Staff Report

City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 22, 2023
Subject: Award of Contract to California Consulting, Inc. for Grant Writing Services
______________________________________________________________________________

BACKGROUND
On April 17, 2023, a Request for Proposals (RFP) was released for Grant Writing Services. The proposal period closed on May 11. At the close of the proposal period, four (4) proposals had been received. The firms that submitted these proposals are all highly qualified, possess a proven track record of grant writing success, and are deemed to be capable of providing services to the City.

These proposals were reviewed by City staff, and interviews were held with the two firms whose proposals most closely matched the perceived needs of the City. Given the high level of qualifications for these firms, the firms selected for interview were those which proposed a “retainer” model of service provision. This model alleviated concerns about the need to limit the number or type of grants sought due to internal City staffing limitations or budgetary concerns.

The interviews were geared toward determining the differences in service provision that were apparent in the written proposals. Staff was able to determine that any concerns with either firm were resolved by discussing them through the interview process.

Following the interviews, staff determined that the firm to be recommended to the City Council for contract award is California Consulting, Inc. Given the high level of qualifications for both firms, the final factor in making a recommendation was the cost of service. The annual cost for the contract with California Consulting, Inc. is $51,000. This cost is $3,000 per year less than the other firm interviewed.

Contract for Grant Writing Services Page 2 June 22, 2023

FISCAL IMPACT
This contract will result in an expenditure of $51,000.00 per fiscal year from the General Fund, although a portion of this cost may be borne by the Water or Wastewater Funds, depending on the purpose of the grants sought. These funds are expended in support of a grant writing program intended to reduce the overall costs of various projects or programs. While not guaranteed, if awarded, grants have the potential to more than offset the expenditure associated with this contract.

RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute the attached “Agreement for Professional Contract Services between City of Buellton and California Consulting, Inc.,” subject to final negotiation of contract language, acceptable to the City Attorney, which will not change the compensation.

ATTACHMENTS
Attachment 1 - Agreement for Professional Contract Services between City of Buellton and California Consulting, Inc.

Attachment 2 - Proposal for Grant Writing Services from California Consulting, Inc.

Page i

AGREEMENT FOR PROFESSIONAL CONTRACT SERVICES

BETWEEN

THE CITY OF BUELLTON
AND
CALIFORNIA CONSULTING, INC.

TABLE OF CONTENTS
PAGE
SECTION 1. TERM OF AGREEMENT 1
SECTION 2. SCOPE OF SERVICES 1
SECTION 3. ADDITIONAL SERVICES 1
SECTION 4. COMPENSATION AND METHOD OF PAYMENT 1
SECTION 5. INSPECTION AND FINAL ACCEPTANCE 2
SECTION 6. OWNERSHIP OF DOCUMENTS 2
SECTION 7. CONTRACTORS BOOKS AND RECORDS 2
SECTION 8. STATUS OF CONTRACTOR 3
SECTION 9. STANDARD OF PERFORMANCE 3
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS;
PERMITS AND LICENSES 4
SECTION 11. NONDISCRIMINATION 4
SECTION 12. UNAUTHORIZED ALIENS 4
SECTION 13. CONFLICTS OF INTEREST 4
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF
INFORMATION 5
SECTION 15. INDEMNIFICATION 5
SECTION 16. INSURANCE 6
SECTION 17. ASSIGNMENT 6

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

AGREEMENT FOR PROFESSIONAL CONTRACT SERVICES

BETWEEN

THE CITY OF BUELLTON
AND
CALIFORNIA CONSULTING, INC.

This AGREEMENT FOR PROFESSIONAL CONTRACT SERVICES BETWEEN THE CITY OF BUELLTON AND CALIFORNIA CONSULTING, INC. ("AGREEMENT"), is made and entered into this __th day of ______ 2023, by and among the City of BUELLTON a municipal corporation ("CITY") and CALIFORNIA CONSULTING, INC. (“CONSULTANT”).

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of SECTION 19 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period of three (3) years from the date of execution of this AGREEMENT, as first shown above. Such term may be extended upon written agreement of both parties to this AGREEMENT.

SECTION 2. SCOPE OF SERVICES.

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

SECTION 3. ADDITIONAL SERVICES.

CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" unless such additional services are authorized in advance and in writing by the City Council or City Manager of CITY.

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

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT “A” and made a part of this AGREEMENT.
(b) Each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: retainer and miscellaneous expenses. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event CITY

disputes any charges or expenses, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not he deemed to waive any defects in work performed by CONSULTANT.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

CITY may inspect and accept or reject any of CONSULTANT’s work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT’s work within sixty (60) days after submitted to CITY. CITY shall reject work by a timely written explanation, otherwise CONSULTANT’s work shall be deemed to have been accepted. CITY's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of CONSULTANT’s work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, sections 15 and 16, pertaining to indemnification and insurance, respectively.

SECTION 6. OWNERSHIP OF DOCUMENTS.

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

SECTION 7. CONSULTANTS BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT’s performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for three years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon written request by CITY or its designated representative. Copies of such documents or records shall be provided directly to the CITY for inspection, audit and copying

when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT’s address indicated for receipt of notices in this AGREEMENT.
(c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors-in-interest and authorized representatives.

SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY; whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.

Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, employees or agents are in any manner officials, officers, employees or agents of CITY. (c) Neither CONSULTANT, nor any of CONSULTANT’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY's employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.

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

CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT. CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

SECTION 11. NONDISCRIMINATION.

Basic Provisions. In performing the Work, CONSULTANT agrees as follows:
(1) CONSULTANT will not discriminate against any employee or applicant from employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. CONSULTANT will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: Employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY setting forth the provisions of this nondiscrimination clause. (2) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act—Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification.

SECTION 12. UNAUTHORIZED ALIENS.

CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §1101, et seq. as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONSULTANT so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to and shall reimburse CITY for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by CITY.

SECTION 13. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager.

CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.

(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager, except as may be required by law. (b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena. (c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this AGREEMENT and the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT. However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

SECTION 15. INDEMNIFICATION.

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

INDEMNITY FOR OTHER THAN PROFESSIONAL LIABILITY: Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, and any and all of its boards, employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees or subcontractors of CONSULTANT.

SECTION 16. INSURANCE.

CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT “B" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. CONSULTANT agrees to provide CITY with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

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

SECTION 19. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CONSULTANT shall cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon thirty- (30) days written notice of termination to CITY.

(c) If either CONSULTANT or CITY fail to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, either CONSULTANT, or CITY may terminate this AGREEMENT immediately upon written notice. (d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY, which is in CONSULTANT’s possession, shall be returned to CITY. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 of this AGREEMENT. This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.

SECTION 20. DEFAULT.

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

SECTION 21. EXCUSABLE DELAYS.

CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of CITY, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.

SECTION 22. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A” "SCOPE OF SERVICES/PROPOSAL", shall be furnished to CONSULTANT in every reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.

SECTION 23. NOTICES.

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

To CITY: City of Buellton
Attn: City Manager
P.O. Box 1819
107 W. Highway 246
Buellton, CA 93427
To: California Consulting, Inc
Attn: Steve Samuelian, CEO
214 Main Street, Suite 102
El Segundo, CA 90245
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

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

SECTION 25. BINDING EFFECT.

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

SECTION 26. MODIFICATION OF AGREEMENT.

No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. In the event of any conflict between the terms and conditions of this AGREEMENT and attached Exhibit “A”, the terms and conditions of this AGREEMENT shall control. In the event of any conflict between the terms and conditions of this AGREEMENT and any attached exhibits, the terms and conditions of this AGREEMENT will control.

SECTION 27. WAIVER.

Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any

provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.

SECTION 28. LAW TO GOVERN; VENUE.

This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

SECTION 29. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may he entitled.

SECTION 30. ENTIRE AGREEMENT.

This AGREEMENT, including the attached EXHIBITS "A" and “B", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 31. SEVERABILITY.

If a term, condition or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void or unenforceable provision(s).

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CONSULTANT
By: By:

Title: Chief Executive Officer Title:

CITY OF BUELLTON APRROVED AS TO FORM:

By:

Scott Wolfe, City Manager Greg Murphy, City Attorney

EXHIBIT "A"

SCOPE OF SERVICES/PROPOSAL
[NOTE: Scope of Services and CONSULTANT Compensation is set forth in the proposal from California Consulting dated May 11, 2023, attached hereto and incorporated herein by this reference. Total compensation shall not exceed $4,250 per month, without prior authorization from the City Manager.]

EXHIBIT "B"

INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager or City Council, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII.

CONSULTANT shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the
Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT.
(4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.

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

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

1. All Policies. Each insurance policy required by this paragraph 5 shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY FINANCE DIRECTOR.

2. General Liability Accident -- Mobile Liability Rates. (1) CITY and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT.

The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees. (2) CONSULTANT's insurance coverage shall be primary
insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT’s insurance. (3) CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation and Employer’s Liability Coveraqe.

Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.

C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.

2. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: AK
Council Agenda Item No.: 10
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: June 22, 2023
Subject: Resolution No. 23-15 - “A Resolution of the City Council of the City of Buellton, California, Adopting a Water Shortage Contingency Plan Pursuant to the State’s Water Code [10609.60]”
______________________________________________________________________________

BACKGROUND
Over the past several years, the state of California has experienced dry weather conditions.

In September 2021, Governor Newsom signed Senate Bill (SB) 552 and enacted into law.

SB 552 includes new responsibilities and requirements at both the state and local level to help small water suppliers to reduce their risk of inadequate water supply amid a water shortage event.

The new requirements add monthly reporting and data capturing and additional documents.

Specifically, small communities such as Buellton are now required to provide a Water Shortage Contingency Plan, a requirement previously only for the larger Urban Water Suppliers. The State has provided “templates” that are an abridged version of the urban water management plans mandated for the urban water suppliers. The Plans must be completed by July 1, 2023 and updated every 5 years.

The City of Buellton has been prepared a draft Water Shortage Contingency Plan utilizing the template as a guide, which has been posted on the City’s Public Works Webpage for public commenting since May 22, 2023. The document was also announced and provided to our Central Management Area GSA at its regular May 22, 2023 meeting.

Staff has incorporated the City’s water conservation standards from the Buellton Municipal Code Section 13.68.050.B, which we currently utilize upon declaration of droughts. The new Water Shortage Contingency Plan utilizes the State’s template, which includes 6 Drought Response Stages versus the 3 Stages in the Water Conservation Standards. A summary is provided below:

Resolution No. 23-15 Page 2 June 22, 2023
Table 1. Drought Response Stages Comparison
Current
Trigger
Current
Actions
Proposed
Trigger
Proposed
Actions
Stage 1 n/a – typically
follow County
or State
declarations
Resolution,

1.Watering prohibited
10am-4pm

2.No unreasonable excess
run-off

3.Prohibition of washing
hard surfaces that will runoff

4.Prohibition of washing
vehicle except at
commercial car wash
facility or by use of bucket
or hose equipped with selfclosing valve

5. Prohibition of waste
through leaks/breaks if
over 12 hrs. after
discovery/notification to
correct

6.Restaurant post notice of
drought at tables

7.Hotel/Motel post notice
of drought in each room

8.Rec/Travel trailer parks
post notice of drought to
each registered user
*Average
decrease of
10%+ of
groundwater
well elevation in
comparison to
prior month;
Or
*City Voluntary
initiation;
Or
*CMA GSA or
the State of
California
initiation
*Voluntary 10%
reduction in monthly
water use in comparison
to prior year
*Voluntary watering
prohibition 10am-4pm
*No unreasonable excess
run-off
*Prohibition of washing
hard surfaces that will
run-off
*Prohibition of washing
vehicle except at
commercial car wash
facility or by use of
bucket or hose equipped
with self-closing valve
*Prohibition of waste
through leaks/breaks if
over 12 hrs. after
discovery/notification to
correct
*Restaurant post notice of
drought at tables
*Hotel/Motel post notice
of drought in each room
*Rec/Travel trailer parks
post notice of drought to
each registered user
Stage 2 n/a – typically
follow County
or State
declarations
Resolution,

1.All of Stage 1

2.Watering prohibited
8am-6pm

3.Prohibition of washing
hard surfaces that will runoff
*Average
decrease of
20%+ of
groundwater
well elevation in
comparison to
prior month;
Or
*City Voluntary
initiation;
*Achieve a 20%
reduction in monthly
water use in comparison
to prior year
*All of Stage 1
*Watering prohibited
8am-6pm
*Prohibition of washing
hard surfaces that will
run-off

Resolution No. 23-15 Page 3 June 22, 2023

4.Prohibition of flushing of
w/sd/sw lines and fire dept.
exercises

5.Prohibition of use of
potable water for cleaning
and construction purposes
including dust control and
soil compaction
Or
*DWR Water
Watch drought
map shows
severe drought
conditions in our
zip code
*Prohibition of flushing
of w/sd/sw lines and fire
dept. exercises
*Prohibition of use of
potable water for cleaning
and construction
purposes including dust
control and soil
compaction
Stage 3 n/a – typically
follow County
or State
declarations

1.All of Stage 1

2.All of Stage 2

3.Watering prohibited
except by reasonable
amount of water by means
of hand held bucket
*Average
decrease of
30%+ of
groundwater
well elevation in
comparison to
prior month;
Or
*City Voluntary
initiation;
Or
*DWR Water
Watch drought
map shows
severe drought
conditions in our
zip code
*Achieve a 30%
reduction in monthly
water use in comparison
to prior year
*All of Stage 2
*Watering prohibited
except by reasonable
amount of water by
means of hand held
bucket. Rec areas such as
golf course may water if
using recycled water
*Hydrants limited to
firefighting activities or
such to maintain public
health, safety, and
welfare
*Prohibition of washing
vehicles, including at
commercial stations
unless they use recycled
water
*Restaurants prohibited
from serving water except
upon request
*Prohibition to
fill/refill/add water to
outdoor swimming pools,
wading pools, or Jacuzzitype pools
*Prohibition of nonessential uses (as defined)
*Failure to repair leaks
within reasonable time
are subject to fines.

Resolution No. 23-15 Page 4 June 22, 2023
Stage 4 n/a n/a *Average
decrease of
40%+ of
groundwater
well elevation in
comparison to
prior month;
Or
*City Voluntary
initiation;
Or
*County or State
or Fed Drought
Emergency
declared
*Achieve a 40%
reduction in monthly
water use in comparison
to prior year
*All of Stage 2 and 3
*Irrigation of landscaped
areas prohibited, unless
by means of a filled
bucket or watering can 5
gallons or less
*Council to enforce
penalties for water
restriction violations
Stage 5 n/a n/a *Average
decrease of
50%+ of
groundwater
well elevation in
comparison to
prior month;
*Achieve a 50%
reduction in monthly
water use in comparison
to prior year
*All of Stage 2, 3 and 4
*All outdoor irrigation is
prohibited
*Council to discuss
implications for
construction activities
*Council continue to
enforce penalties for
water restriction
violations
Stage 6 n/a n/a *Average decrease
of 50%+ of
groundwater well
elevation in
comparison to
prior month;
Or
*Other emergency
resulting in
infrastructure
damages or
threatened
catastrophic water
infrastructure
failure
*Achieve a >50%
reduction in monthly
water use in comparison
to prior year
*All of Stage 5 and
indoor conservation

Resolution No. 23-15 Page 5 June 22, 2023
In addition to these restrictions, there are a suite of Best Management Practices for the City to enact at each Stage such as water loss audits, increase of groundwater elevation monitoring and preparation of additional water resources, etc.

FISCAL IMPACT
Adoption of the Resolution 23-15 does not directly create a fiscal impact.

RECOMMENDATION
That the City Council consider adoption of Resolution No. 23-15 - “A Resolution of the City Council of the City of Buellton, California, Adopting a Water Shortage Contingency Plan Pursuant to the State’s Water Code [10609.60]”

ATTACHMENTS
Resolution No. 23-15 (Exhibit A - Draft Water Shortage Contingency Plan)

RESOLUTION NO. 23-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFRONIA, ADOPTING A WATER

SHORTAGE CONTINGENCY PLAN PURSUANT TO THE
STATE’S WATER CODE [10609.60]
WHEREAS, the City of Buellton (“City”) provides water service to residents and businesses both within the corporate boundaries of the City and, by contract, to areas immediately adjacent to the corporate boundaries; and
WHEREAS, the City’s water system is classified as a small water system and has less than 2,999 service connections; and
WHEREAS, conservation of current water supplies and minimization of the effects of water supply shortages that are the result of drought are essential to the public health, safety and welfare; and
WHEREAS, in September 2021, Governor Newsom signed SB 552 and enacted into law.

SB 552 includes new responsibilities and requirements at both the state and local level to help small water suppliers to reduce their risk of inadequate water supply amid a water shortage event; and
WHEREAS, Water Code Section 10609.60 provides the minimum requirements for the abridged water shortage contingency plan for small water suppliers; and WHEREAS, the City is required to comply with State law, and is authorized pursuant thereto to implement its requirements; and
WHEREAS, The adopted Water Shortage Contingency Plan will supersede Chapter

13.68 of the Buellton Municipal Code contains the adopted "Water Conservation Standards" for the City of Buellton during periods of water shortage; and WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.

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

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

SECTION 2. The City Council, in accordance with the foregoing findings, hereby determines and the Water Shortage Contingency Plan as appropriate and reasonable. The City Council hereby authorizes the city manager and public works director to take specific steps to implement the required plan as hereinafter set forth.

Resolution No. 23-15 Page 2 June 22, 2023
SECTION 3. The regulations, restrictions, and actions set forth herein shall take full force and effect immediately upon the City Council adoption of this resolution and shall remain in full force and effect or until otherwise rescinded by the City Council.

SECTION 4. Violations of the regulations and restrictions shall be enforced as an infraction as set forth in Chapter 1.28 of the Buellton Municipal Code or by Administrative Citation pursuant to Chapter 1.30 of the Buellton Municipal Code.

SECTION 5. The City Council finds that the provisions of this Resolution are exempt from the provisions of the California Environmental Quality Act as an action to mitigate emergency conditions pursuant to Public Resources Code §21080(b)(4).

SECTION 6. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 22nd day of June, 2023. __________________________________
David King
Mayor
ATTEST:
___________________________________
Linda Reid
City Clerk

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Water Shortage Contingency Plan
for
City of Buellton
Additional potential reference resources include: American Water Works Association M60 Drought Preparedness and Response Manual, M52 Water Conservation Programs Manual and G480-20 Water Conservation and Efficiency Program Operation.

City of Buellton Water System
107 W. Highway 246, Buellton CA 93427
Public Water System CA #4210018
Effective: July 1, 2023

Draft Water Shortage Contingency Plan for City of Buellton Page 3 of 27 Table of Contents
Section I: Declaration of Policy, Purpose, and Intent ...................................................... 4 Section II: Public Involvement ......................................................................................... 4 Section III: Public Education ............................................................................................ 4 Section IV: Coordination with Regional Water Planning Groups ..................................... 4 Section V: Authorization .................................................................................................. 4 Section VI: Application .................................................................................................... 5 Section VII: Definitions ................................................................................................. 5 Section VIII: Summary of Drought Response Stages and Response Actions ................. 7 Section IX: Drought Response Triggers ...................................................................... 8 Stage 1 Triggers -- Water Shortage WATCH Conditions ............................................. 8 Stage 2 Triggers -- Water Shortage WARNING Conditions ......................................... 8 Stage 3 Triggers – ACUTE Water Shortage Conditions .............................................. 9 Stage 4 Triggers -- CRITICAL Water Shortage Conditions .......................................... 9 Stage 5 Triggers -- EMERGENCY Water Shortage Conditions ................................. 10 Stage 6 Triggers – CATASTROPHIC Water Shortage Conditions ............................ 10 Section X: Drought Response Stages and Actions ....................................................... 11 Stage 1 Response -- Water Shortage WATCH Conditions ........................................ 14 Stage 2 Response -- Water Shortage WARNING Conditions .................................... 15 Stage 3 Response -- ACUTE Water Shortage Conditions ......................................... 17 Stage 4 Response -- CRITICAL Water Shortage Conditions ..................................... 19 Stage 5 Response – EMERGENCY Water Shortage Conditions .............................. 21 Stage 6 Response -- CATASTROPHIC Water Shortage Conditions ......................... 22 CATASTROPHIC Water Allocation Plan ............................................................ 23 CATASTROPHIC Interim Replacement Water Supply for Water Outages ......... 24 CATASTROPHIC Notification of Emergency Service Providers ......................... 24 Section XI: Enforcement ................................................................................................ 25 Section XII: Variances ................................................................................................... 26 Appendix A: Water System Information ......................................................................... 27

Draft Water Shortage Contingency Plan for City of Buellton Page 4 of 27 Section I: Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of public water system (PWS) supply facilities, with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Buellton hereby adopts the following regulations and restrictions on the delivery and consumption of water through this Water Shortage Contingency Plan (Plan).

Water uses regulated or prohibited under this Plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water subjecting the offender(s) to penalties as defined in Section XI of the Plan.

Section II: Public Involvement
Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Buellton by means of a Public Comment Period between May 22, 2023 and June 22, 2023. Final adoption of the Plan occurred at a properly noticed City Council meeting on June 22, 2023.

Section III: Public Education
The City of Buellton will regularly provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage, including but not limited to the value of water, sources of water being used, methods and opportunities for conservation. Detailed information on public education is provided in Section X of the Plan.

Section IV: Coordination with Regional Water Planning Groups The service area of the City of Buellton is located within the Central Management Area Groundwater Sustainability Agency (CMA GSA) of the Santa Ynez River Valley Groundwater Basin. The GSA’s water planning area assessment documents were considered in the development of the Plan. A copy of the final Plan was shared with CMA GSA and posted on the City’s website on May 22, 2023.

Section V: Authorization
The Public Works Director, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Public Works Director, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The contact information for the Public Works Director is: 805-686-0137 and via email at [email protected].

Draft Water Shortage Contingency Plan for City of Buellton Page 5 of 27 Section VI: Application
The provisions of this Plan shall apply to all persons, customers, and properties utilizing water provided by the City of Buellton. The terms “person” and “customer” as used in the Plan may include individuals, corporations, partnerships, associations, and all other legal entities.

Section VII: Definitions
For the purposes of this Plan, the following definitions shall apply:

Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.

Commercial and Institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as schools, hospitals, clinics, retail establishments, hotels and motels, restaurants, and office buildings.

Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.

Customer: any person, company, or organization using water supplied by the City of Buellton
Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.

Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value.

Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way and medians.

Non-essential water use: water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;

Draft Water Shortage Contingency Plan for City of Buellton Page 6 of 27 (d) use of water to wash down buildings or structures for purposes other than immediate fire protection;
(e) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than firefighting or hauling water for a domestic water use.

Draft Water Shortage Contingency Plan for City of Buellton Page 7 of 27 Section VIII: Summary of Drought Response Stages and Response Actions The Public Works Director, or designee, shall monitor water supply and/or demand conditions on a monthly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified “triggers” are reached.

The triggering and termination criteria described in subsequent sections of this document are based on:
 Groundwater well elevations and/or well production capacities relative to system demands;
 Projected drought conditions on Department of Water Resources (DWR) California Water Watch Tool (https://cww.water.ca.gov)
 County, State or Federal Drought Emergency Orders
 Emergencies such as fire, earthquake, etc. resulting in potential water outages The response actions described in subsequent sections of this document are based on the following general precepts:
 Source capacity augmentation is proposed with the City of Buellton’s State Water Project turn-out and decreasing water loss through enhanced operational and maintenance changes. In more critical cases, source capacity may be increased by drilling new wells or conversion/rehabilitation of existing irrigation wells and/or a provision of hauled or bottled water in cases of natural disasters.  Conservation techniques employed include progressively implementing more strict water use policies, primarily focused on outdoor irrigation and increasingly restrictive water use in business functions. In natural disaster type scenarios, water supplies are limited based on a per capita per day scenario.  Notification of the public is performed in a variety of ways to ensure drought messaging is received by the residents. Depending on the severity of the drought stage, this may include messages on the City of Buellton’s website and social media to house-to-house outreach services performed with community service groups. Whenever possible, messages will be provided in English and Spanish.
 The City of Buellton will coordinate with a variety of agencies, including the Santa Barbara County Environmental Health, State Water Board’s Division of Drinking Water, and Central Management Area Groundwater Sustainability Agency (CMA GSA). In the event of severe water shortages, the City of Buellton will also coordinate with Santa Barbara County Public Health to support County registered vulnerable persons, County Offices of Emergency Services (OES), CalWARN, community partners and critical users.

Draft Water Shortage Contingency Plan for City of Buellton Page 8 of 27 Section IX: Drought Response Triggers
The drought response triggers and terminations discussed below provides details on when varying levels of drought responses, further discussed in Section X, will be implemented and then subsequently terminated. The City of Buellton City Council may choose to make modifications to the triggers and terminations depending on real-time scenarios; however these response triggers stand in the absence of other Board decisions.

Stage 1 Triggers -- Water Shortage WATCH Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when groundwater well elevations show an average decrease of at least 10% (for all of the operating wells) in comparison to the prior month, in groundwater elevations or available flow capacity, the City of Buellton initiates voluntary conservation measures, or CMA GSA or the State of California proposes basin-wide or State-wide voluntary conservation measures.

Requirements for termination
Stage 1 of the Plan may be rescinded when all well related conditions listed as triggering events have ceased to exist for a period of 10 consecutive days, or immediately when any other conditions cease to exist.

Stage 2 Triggers -- Water Shortage WARNING Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when groundwater well elevations show an average decrease of at least 20% (for all of the operating wells) in comparison to the prior month in groundwater elevations or available flow capacity, City of Buellton initiates / recommends Stage 2 drought response measures, or the DWR Water Watch drought map shows severe drought conditions in our zip code.

Requirements for termination
Stage 2 of the Plan may be rescinded when all well related conditions listed as triggering events have ceased to exist for a period of 10 consecutive days, or immediately when any other conditions cease to exist. Upon termination of Stage 2, Stage 1 becomes operative unless otherwise specified.

Draft Water Shortage Contingency Plan for City of Buellton Page 9 of 27 Stage 3 Triggers – ACUTE Water Shortage Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when groundwater well elevations show an average decrease of at least 30% (for all of the operating wells) in comparison to the prior month, in groundwater elevations or available flow capacity, City of Buellton initiates / recommends Stage 3 drought response measures, or DWR’s California Water Watch drought maps shows extreme drought conditions in our zip code.

Requirements for termination
Stage 3 of the Plan may be rescinded when all well related conditions listed as triggering events have ceased to exist for a period of 10 consecutive days, or immediately when any other conditions cease to exist. Upon termination of Stage 3, Stage 2 becomes operative unless otherwise specified.

Stage 4 Triggers -- CRITICAL Water Shortage Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when groundwater well elevations show an average decrease of at least 40% (for all of the operating wells) in comparison to the prior month in groundwater elevations or available flow capacity, City of Buellton initiates / recommends Stage 4 drought response measures, or a County, State or Federal Drought Emergency is declared.

Requirements for termination
Stage 4 of the Plan may be rescinded when all well related conditions listed as triggering events have ceased to exist for a period of 10 consecutive days, or immediately when any other conditions cease to exist. Upon termination of Stage 4, Stage 3 becomes operative unless otherwise specified.

Draft Water Shortage Contingency Plan for City of Buellton Page 10 of 27 Stage 5 Triggers -- EMERGENCY Water Shortage Conditions Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when groundwater well elevations show an average decrease of at least 50% (for all of the operating wells) in comparison to the prior month, in groundwater elevations or available flow capacity, or City of Buellton initiates / recommends Stage 5 drought response measures.

Requirements for termination
Stage 5 of the Plan may be rescinded when all well related conditions listed as triggering events have ceased to exist for a period of 10 consecutive days, or immediately when any other conditions cease to exist. Upon termination of Stage 5, Stage 4 becomes operative unless otherwise specified.

Stage 6 Triggers – CATASTROPHIC Water Shortage Conditions Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when groundwater well elevations show an average decrease of greater than 50% (for all of the operating wells) in comparison to the prior month, in groundwater elevations or available flow capacity, or City of Buellton initiates / recommends Stage 6 drought response measures. Triggers may also include earthquakes resulting in significant infrastructure damage, emergency conservation needed for fire protection, or other actual or threatened catastrophic water infrastructure failure as determined by the Public Works Director, or designee.

Requirements for termination
Stage 6 of the Plan may be rescinded when all the conditions listed as triggering events have ceased to exist and coordination with the health and safety authorities have indicated that the water source and distribution system is safe.

Upon termination of Stage 6, Stage 5 becomes operative unless otherwise specified.

Draft Water Shortage Contingency Plan for City of Buellton Page 11 of 27 Section X: Drought Response Stages and Actions
The Public Works Director, or designee, shall monitor water supply and/or demand conditions on a monthly basis and, in accordance with the triggering criteria set forth in Section IX of this Plan, shall determine if a water shortage condition exists and the severity of any such water shortage conditions (e.g., 1-Watch, 2-Warning, 3-Acute, 4- Critical, 5-Emergency, 6-Catastrophic Water Loss), and shall implement the following notification procedures accordingly:

Notification
Description of Customer Notification Methods:

The Public Works Director, or designee, shall notify the public by means of one of the following Methods:
 Method 1: Notice on City of Buellton’s website and social media outlets  Method 2: Notice in Buellton’s Buzz and utility billings, joint messaging with CMA GSA and other local agencies and County services
 Method 3: Notice to local Spanish and English-speaking radio stations  Method 4: Email to customer listing
 Method 5: Direct Mail to each customer, in bill or flyer format  Method 6: Personal phone calls to hospital, elder care facility and school district  Method 7: Door to door outreach in low-income communities, elderly communities, County registered vulnerable residents, residences with high usage, and/or parts of the distribution system impacted by emergency  Method 8: County Emergency Messaging text alert
Messaging will be made in English and Spanish.

Prepared materials from Department of Water Resources, “Save Our Water Toolkit”, may be used as drought communication tools with the City of Buellton logo added. The link for these materials is provided below:
https://saveourwater.com/en/Partner-Toolkit

Draft Water Shortage Contingency Plan for City of Buellton Page 12 of 27 Public Safety Contacts:

The Public Works Director, or designee, shall notify directly the following individuals and entities of restrictions and water shortages, as defined in the subsections below, as appropriate for each response stage.

Organization or
Department Name & Position Telephone Email
Fire
Department
Station 31
Fire Captain
911 or
805-686-
5062 (nonemergency)
City of
Buellton
Scott Wolfe,
City Manager
805-325-
9011 [email protected]
County
Office of
Emergency
Services
Kelly Hubbard, EOC
Director
805-681-
5526
[email protected]
[email protected]
County Env.

Health
Agency
Lars Seifert, SBCEHS
Environmental
Health Services
Director
805-681-
4934 [email protected]
CalWARN
Contact
Alix Stayton,
Region I Chair
626-598-
1627
[email protected]
[email protected]
State Water
Board District
Engineer
Division of
Drinking Water
Jeff Densmore,
District Engineer
805-566-
1326
Jeff.densmore@waterboa
rds.ca.gov
Critical
Water User:

Schools
Randall Hagger,
BUSD
Superintendent
805-686-
2767 [email protected]

CMA GSA
Bill Buelow,
Groundwater
Program Manager
805-620-
7985 [email protected]

Draft Water Shortage Contingency Plan for City of Buellton Page 13 of 27 Support Services Contacts:

The following is a listing of support services that may be appropriate for a water shortage emergency.

Organization
or
Department
Company &
Name Phone Email
Water Hauler Steve Sawin,
Valley Tools
805-688-
7213
Bottled Water
Vendors
Albertsons 805-693-
1069
Ready Refresh 844-809-
5610
Culligan 805-736-
7236
Well
Drilling/Pump
Company
Kenny Fisher
3rd Gen Pump
& Well
805-904-
8808 [email protected]
Community
Service Partners:

Red Cross
Santa Barbara
Office
805-687-
1331

Draft Water Shortage Contingency Plan for City of Buellton Page 14 of 27 Drought Responses Actions:

In addition to the Drought Response Stages detailed below, the City of Buellton has a continuously running rebate program to create water-efficient landscapes, program highlights include:

 Turf conversion rebates, currently $2 per square foot, up to $1000 Details of our rebate program can be found on our website.

Stage 1 Response -- Water Shortage WATCH Conditions
Target: Achieve a voluntary 10% percent reduction in total monthly water usage in comparison to the prior year.

Best Management Practices for Supply Management:
(a) Review water supply contract and mutual aid agreements with other local agencies. Organize and ensure joint messaging and actions between other local agencies and the County of Santa Barbara on future Drought Stage Responses. Joint messaging and shared Stages will help lessen customer confusion and prevent tension.
(b) The City of Buellton will begin a special drought water loss audit to evaluate potential areas for limiting water loss.
(c) Verify CalWARN membership is active and in good standing. (d) Decrease flushing from regular flushing routine to only as needed for colored water or other water quality issues.

Voluntary Water Use Restrictions for Reducing Demand:
(a) The watering of crops, grass, ground cover, lawns, open ground shrubbery, trees, including greenbelt, golf courses, parks, recreation areas, agriculture, or any other area containing vegetation shall be prohibited between the hours of 10 am and 4 pm.
(b) The use of water described above shall be in a manner and to the extent which does not allow unreasonable excess water to run off the area being watered. Every water user is considered to have his or her water system under his or her control and is accountable for the knowledge of and the manner and extent of excess water run-off.
(c) The washing of driveways, sidewalks, parking lots, buildings or any other hard surface on which water will run off except for the washing of

Draft Water Shortage Contingency Plan for City of Buellton Page 15 of 27 surfaces necessary for preventing a potential threat to health and safety as determined by the Public Works Director, shall be prohibited. (d) The washing of any vehicle, camper, trailer, or boat, except at a commercial car washing facility or by use of a bucket and/or hose equipped with a self-closing valve that requires operator pressure to activate the flow of water, shall be prohibited.
(e) The escape of water through leaks or breaks within any water user’s distribution or plumbing system for an unreasonable time shall be prohibited. Unreasonable time shall be twelve (12) hours after the discovery or the notification of such leak or break from the city to correct or implement the correction of such leak or break, whichever occurs first. (f) All restaurants that provide table service shall post in a conspicuous place a notice of drought conditions in a form approved by the Public Works Director.
(g) All hotel/motel operations shall post in each room in a conspicuous place a notice of drought conditions in a form approved by the Public Works Director.
(h) All recreational/travel trailer parks shall provide to each registered user of said park at the time of registration, a notice of drought conditions in a form approved by the Public Works Director.

Notification Method(s) and Frequency:

Methods: Best Practices and Restrictions shall be conveyed to the community through the City’s website, monthly utility billings and the Buellton Buzz.

Information shall be distributed on a monthly basis.

Agencies Contacted:

Contact CMA GSA, other local agencies and County to align potential future actions.

Stage 2 Response -- Water Shortage WARNING Conditions
Target: Achieve a 20% percent reduction in total monthly water usage in comparison to the prior year.

Draft Water Shortage Contingency Plan for City of Buellton Page 16 of 27 Best Management Practices for Supply Management:
(a) Continue to organize and ensure joint messaging and actions between the City of Buellton and other local agencies and the County of Santa Barbara on future Drought Stage Responses. .
(b) Continue to perform drought water loss audits to evaluate potential areas for limiting water loss.
(c) Verify CalWARN membership is active and in good standing.

(d) Decrease flushing from regular flushing routine to only as needed for colored water or other water quality issues.
(e) Increase monitoring of groundwater elevations from monthly to weekly.

Mandatory Water Use Restrictions for Reducing Demand:
(a) The Stage One water use regulations and restrictions on water use shall be applicable.
(b) The watering of crops, grass, ground cover, lawns, open ground, shrubbery, trees, including greenbelt, golf courses, parks, recreation areas, agricultural, or any other area containing vegetation shall be prohibited between eight a.m. and six p.m.
(c) The use of water described above shall be in a manner and to the extent which does not allow excess water to run off the area being watered.

Every water user is considered to have his or her water system under his or her control and is accountable for the knowledge of and the manner and extent of excess water runoff.
(d) The use of city water for the flushing of water lines and mains, storm drains, sewer mains, and fire department training exercises except by the prior written approval of the Public Works Director shall be prohibited. (e) The use of potable water for cleaning and construction purposes, including, but not limited to, dust control and soil compaction shall be prohibited.

Draft Water Shortage Contingency Plan for City of Buellton Page 17 of 27 Notification Method(s):

Methods: Best Practices and Restrictions shall be conveyed to the community through the City’s website, monthly utility billings and the Buellton Buzz.

Information shall be distributed on a monthly basis.

Agencies Contacted:

Continue to work with CMA GSA and other local agencies and County to align potential future actions.

Stage 3 Response -- ACUTE Water Shortage Conditions
Target: Achieve a 30% percent reduction in total monthly water usage in comparison to the prior year.

Best Management Practices for Supply Management:
(a) Continue to organize and ensure joint messaging and aligned actions between the City of Buellton and other local agencies and the County of Santa Barbara on future Drought Stage Responses.
(b) Using the results of the drought water loss audit perform leak detection surveys in areas with water loss above 10% and perform associated repairs.

(c) Coordinate with CalWARN on communications and provisions. (d) Decrease flushing from regular flushing routine to only as needed for colored water or other water quality issues.
(e) Prepare engineering designs, cost estimates and estimated schedule for long-term mitigation strategy of additional wells or rehabilitation of existing irrigation wells. City of Buellton will seek to evaluate if drought construction funding is available.

Mandatory Water Use Restrictions for Reducing Demand:

All requirements of Stage 2 shall remain in effect during Stage 3 with the following modifications:
(a) The watering of crops, grass, ground cover, lawns, open ground, shrubbery, trees, including greenbelt, golf courses, parks, recreation areas, agricultural, or any other area containing vegetation shall be prohibited except for trees to ensure tree health. However, the use of a reasonable amount of water by means of a hand held bucket is allowed.

The watering of recreation areas including golf course greens, tees, and fairways may occur if it utilizes recycled water.

Draft Water Shortage Contingency Plan for City of Buellton Page 18 of 27 (b) Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety, and welfare. (c) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations, that utilizes internally recycled water, or not in the immediate interest of public health, safety, and welfare is prohibited.
(d) All restaurants are prohibited from serving water to patrons except upon request of the patron.
(e) Use of water to fill, refill or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is prohibited.
(f) The following uses of water are defined as non-essential and are prohibited:
i. wash down of any sidewalks, walkways, unless being
performed by a City or emergency response employee
addressing a public health issue such as fecal waste
removal, etc.;
ii. wash down of driveways, parking lots, tennis courts, or other hard-surfaced areas;
iii. use of water to wash down buildings or structures for purposes other than immediate fire protection;
iv. use of water for dust control;
v. flushing gutters or permitting water to run or accumulate in any gutter or street; and
(g) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s) shall be subject to fine(s).

Notification Method(s) and Frequency:

Methods: Best Practices and Restrictions shall be conveyed to the community through the City’s website, monthly utility billings and the Buellton Buzz.

Information shall be distributed on a monthly basis.

Draft Water Shortage Contingency Plan for City of Buellton Page 19 of 27 Agencies Contacted:

Continue to work with CMA GSA and other local agencies and County to align potential future actions. Continue to collaborate with County Environmental Health and/or State Water Resources Control Board District Engineer on decreasing well production or water level elevations.

Reach out to Fire Department and Critical Water Users (hospital, etc.) to notify them of the situation so that they can begin planning for alternative water sources as needed. Initiate planning for short-term alternative water scenarios and long-term mitigation strategies, such as well deepening or adding additional source capacity Coordinate with County Public Health to consider needs of vulnerable persons registered with the County in the event drought conditions worsen.

Stage 4 Response -- CRITICAL Water Shortage Conditions
Target: Achieve a 40% percent reduction in total monthly water usage in comparison to the prior year.

Best Management Practices for Supply Management:
(a) Discuss status of City Buellton’s water capacity and, prior to moving either system to Stage 5 conservation, evaluate if water transfers through the Central Coast Water Authority could be used to prevent this step. (b) Using the results of the drought water loss audit perform leak detection surveys in areas with water loss above 5% and performed needed repairs. (c) Decrease flushing from regular flushing routine to only as needed for colored water or other water quality issues.
(d) Increase groundwater elevation monitoring from weekly to daily. (e) Prepare, and get City Council approval for construction of additional wells or rehabilitation of existing irrigation wells. Prepare CEQA documents for the project.

Mandatory Water Use Restrictions for Reducing Demand:

All requirements of Stage 2 and 3 shall remain in effect during Stage 4 with the following modifications:
(a) Irrigation of landscaped areas is prohibited, with the exception of water needed to provide tree health. However, irrigation of landscaped areas is permitted at any time if it is by means of a filled bucket or watering can of five (5) gallons or less.

Draft Water Shortage Contingency Plan for City of Buellton Page 20 of 27 (b) City Council shall enforce penalties for water restriction violations.

Notification Method(s) and Frequency:

Methods: Best Practices and Restrictions shall be conveyed to the community through the City’s website, monthly utility billings and the Buellton Buzz.

Information shall be distributed on a monthly basis. Regular updates via social media should be utilized on a weekly basis.

Agencies Contacted:

Continue to work with CMA GSA and other local agencies and County to align potential future actions. Continue to collaborate with County Environmental Health and/or State Water Resources Control Board District Engineer on decreasing well production or water level elevations. Continue to each out to Fire Department and Critical Water Users (hospital, etc.) of the situation so that they can continue planning for alternative water sources, if necessary. Continue coordinating with County Public Health to consider needs of vulnerable persons registered with the County should drought conditions worsen.

Draft Water Shortage Contingency Plan for City of Buellton Page 21 of 27 Stage 5 Response – EMERGENCY Water Shortage Conditions
Target: Achieve a 50% percent reduction in total monthly water usage in comparison to the prior year.

Best Management Practices for Supply Management:
(a) Discuss status of City Buellton’s water capacity and, prior to moving either system to Stage 6 conservation, evaluate if water transfers through the Central Coast Water Authority could be used to prevent this step. (b) Using the results of the drought water loss audit perform leak detection surveys in areas with any water loss and perform associated repairs.

(c) Decrease flushing from regular flushing routine to only as needed for colored water or other water quality issues.
(d) Continue daily groundwater elevation measurements.
(e) Execute agreements will well drillers, schedule new production well construction. Initiate engineering plans, costs, CEQA documents for additional well, if the production of the new well is inadequate to provide needed water supplies.

Mandatory Water Use Restrictions for Reducing Demand:

All requirements of Stage 2, 3 and 4 shall remain in effect during Stage 5 except with the following modifications:
(a) All outdoor irrigation is prohibited.
(b) City Council shall discuss implications for construction activities. .
(c) City Council shall continue to enforce penalties for water restriction violations
Notification Method(s) and Frequency:

Methods: Best Practices and Restrictions shall be conveyed to the community through the City’s website, monthly utility billings and the Buellton Buzz.

Information shall be distributed on a monthly basis. Regular updates via social media should be utilized on a weekly basis. Water Waster Patrols are implemented.

Agencies Contacted:

Weekly coordination and status updates to all agencies.

Draft Water Shortage Contingency Plan for City of Buellton Page 22 of 27 Stage 6 Response -- CATASTROPHIC Water Shortage Conditions Target: Achieve >50% percent reduction in total monthly water usage or implement allocation plan requirements depending on situation.

Best Management Practices for Supply Management:
(a) Sample new well, get State Water Board Division of Drinking Water and County Environmental Health approval to bring the well online. (b) Utilize Central Coast Water Authority turn-out to utilize water transfers if available.

Mandatory Water Use Restrictions for Reducing Demand:

All requirements of Stage 5 shall remain in effect during Stage 6 and indoor conservation such as utilizing showers instead of baths; decreasing frequency of clothes washing and decreasing toilet flushing are further promoted in social media and other communications methods.

Notification Method(s) and Frequency:

Methods: Best Practices and Restrictions shall be conveyed to the community through the City’s website, monthly utility billings and the Buellton Buzz.

Information shall be distributed on a monthly basis. Regular updates via social media should be utilized on a daily/weekly basis as appropriate. Water Waster Patrols are implemented.

Agencies Contacted:

Daily or weekly coordination and status updates to all agencies, depending on the severity of the issue.

Draft Water Shortage Contingency Plan for City of Buellton Page 23 of 27 CATASTROPHIC Water Allocation Plan
In the event that water shortage conditions threaten public health, safety, and welfare, the Public Works Director, or designee, is hereby authorized to allocate water according to the following water allocation plan:

Single-Family Residential Customers
The allocation to residential water customers residing in a single-family dwelling shall be as follows:

Persons per Household Gallons per Month
1 or 2 1,460 – 2,920
3 or 4 4,380 – 5,840
5 or 6 7,300 – 8,760
7 or greater Requires written verification of any
household usage greater than 9,000
gallons per month. Allowable usage will
be calculated using 47 gallons per person
per day.
“Household” means the residential premises served by the customer’s meter.

The above is based on 47 gallons per person per day with all outdoor uses prohibited except by public safety officers (e.g. fire personnel, etc.) Additional decreases to the table may be required for short-term emergency response to earthquakes, fires, etc. Any short-term decrease (defined as less than 72 hours) will be determined by the Public Works Director along with provision for alternative water supplies for any period of water outage greater than 10 hours. Any conservation decreases to below 47 gallons per person per day, for greater than 72 hours, requires a properly noticed Council meeting (regular or special) for public input and Council adoption.

Master-Metered Multi-Family Residential Customers
The allocation to residential water customers billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes, etc.) shall be allocated the same as single-family residential customers.

Commercial Customers
A monthly water allocation shall be established by the Public Works Director, or designee, for each nonresidential, non-industrial commercial water customer who uses water for processing purposes. The allocation to nonresidential, nonindustrial commercial water customers shall be as follows: 40% of monthly water usage and no irrigation. All restaurants shall only provide water upon request, hotels must only wash linens upon request of customers, and all commercial

Draft Water Shortage Contingency Plan for City of Buellton Page 24 of 27 customers must post drought conservation messaging.

Industrial Customers
Industrial customers whose business solely relies on the use of water (such as the beverage industry) shall discuss viable options for operations with the City Public Works Department.

CATASTROPHIC Interim Replacement Water Supply for Water Outages In the event that local water outages occur, the City of Buellton will use the Central Coast Water Authority intertie turn-out to purchase water from other agencies to provide interim alternative water supply for customers to meet shortterm public health needs. Longer-term hauling of water directly to the distribution storage tanks would be coordinated with the Office of Emergency Services and CalWARN as soon as possible if the wells continue to be inaccessible.

CATASTROPHIC Notification of Emergency Service Providers If adequate water supply will potentially become unavailable for fire response, medical services, public services, etc., then the following emergency providers will be notified as soon as possible to ensure that adequate planning, response and assistance may be provided:

Local Fire Agency: Shall be contacted immediately when any water outages are believed to be potentially imminent or is occurring in any part of the distribution system.

Critical Service Providers (e.g., hospital, school, elder care, etc.): The providers shall be immediately contacted when any water outage is believed to be potentially imminent or is occurring in the distribution system that may in any way impact that user. These users, in the City of Buellton, should have backup plans for water provision and hauling that must be implemented immediately.

State Water Board and/or County Environmental Health: The State Water Board’s Division of Drinking Water and the County Environmental Health shall be contacted when any water outage is believed to be potentially imminent or is occurring in the distribution system.

County Office of Emergency Services: The County Office of Emergency Services may be contacted when any water outage is believed to be potentially imminent or is occurring in the distribution system as the result of a natural disaster and/or additional County or State support is needed.

Draft Water Shortage Contingency Plan for City of Buellton Page 25 of 27 Section XI: Enforcement
(a) No person shall knowingly or intentionally allow the use of water from this water system for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by Public Works Director, or designee, in accordance with provisions of this Plan.
(b) Any person, including a person classified as a water customer of the water system, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. (c) Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is in repeated violation of this Plan, the City of Buellton shall, after the second warning notice to the customer, be authorized to provide a financial penalty of up to $100 per day for the third notice, and $200 per day for the fourth.

For the fourth violation and any subsequent violation within any consecutive 12 calendar months, the City shall impose a surcharge against the customer for the property where the violation occurred, or is occurring, in an amount equal to 100 percent of the water bill for the billing period in which the violation occurred.

(d) If the violations occurring during Stage 4, 5 or 6 the violations will include the financial penalty and the City may install a flow restrictor on or shut off water service to the property where the violation occurred or is occurring, for a period to be determined by the Public Works Director.
(e) If a flow restrictor is installed or water service shut off pursuant to this section, prior to restoration of normal water service the customer whose service is affected shall be required to reimburse the city for whatever cost it has occurred and will incur in installing and removing a flow restrictor and in shutting off and turning on water service; (f) Any surcharge imposed pursuant to this section shall be added to the account of the customer for the property where the violation occurred or is occurring and shall be due and payable on the same terms and subject to the same conditions as any other charge for regular water service.

Notice of violation/hearings shall be subject to Section 13.68.110 of the City of Buellton Municipal Code.

Draft Water Shortage Contingency Plan for City of Buellton Page 26 of 27 Section XII: Variances
The Public Works Director, or designee, may grant, in writing, a temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of reduction in water use.

Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the water system within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Public Works Director, or designee, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information.

A decision on the variance request will be returned to the customer within no more than 5 business days.

While submittal of a variance is required, the following exemptions are pre-approved:

1. Use of a residential swamp cooler on days where the ambient temperature is greater than 80⁰ F for residents that can demonstrate a medical need.

2. Use of water for the operation of a medical support device needed by a resident.

Draft Water Shortage Contingency Plan for City of Buellton Page 27 of 27 Appendix A: Water System Information
The City of Buellton provides water to approximately 5,500 residential and commercial/industrial customers. The City currently has four (4) wells as part of the water supply system: three (3) shallow wells in the Santa Ynez Underflow and one (1) in the Buellton Uplands. Total well capacity is estimated to be approximately 2385 acrefeet/year and the Santa Ynez River Underflow wells are drilled to depths of 70-72 feet and the Buellton Upland well is drilled to a depth of 1000 feet. The City also has two additional wells, located in the Santa Ynez Underflow. However, both wells are used solely for irrigation purposes for the Zaca Creek Golf Course and for hillside/field irrigation at the “Willemsen Ranch”. The distribution system includes 3 reservoirs: 1 (capacity of ~117,000 gallons), 2 (capacity of 280,000 gallons), and 3 (capacity of ~850,000 gallons). The City is also a participant of the State Water Project through the Central Coast Water Authority (CCWA). Annually, the water system utilizes approximately 1127 acre-feet (2022).

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 11

To: The Honorable Mayor and City Council
From: Linda Reid, H.R. Director
Meeting Date: June 22, 2023
Subject: Authorization to Reclassify the Youth Recreation Coordinator Position to Recreation Coordinator
______________________________________________________________________________

BACKGROUND
Staff proposes to reclassify the Youth Recreation Coordinator to Recreation Coordinator.

Following Recreation Supervisor Kyle Abello’s resignation in December 2022, City Manager Wolfe placed Youth Recreation Coordinator Paul Smith in the acting position of Recreation Supervisor. Mr. Smith has done an excellent job in the acting role and will apply for the internal recruitment for the Recreation Supervisor position in the next few weeks.

With this proposed promotion, staff will need to backfill the empty position at the Recreation Center. Rather than recruit for a Youth Recreation Coordinator, staff proposes to reclassify the Youth Recreation Coordinator position to Recreation Coordinator. This requested change reflects the current approach to staffing of the Recreation Department which emphasizes cooperative and flexible coverage of duties by all members rather than an approach which has specific duties covered by a single position.

Staff proposes to use the same salary range for the new Recreation Coordinator as the Youth Recreation Coordinator ($4,710 - $5,725/per month), so there would be no change to the budget.

In support of the proposed personnel changes, staff has prepared the attached Recreation Coordinator job description (Attachment 1). If approved by the City Council, staff will begin recruitment for the Recreation Coordinator position immediately.

FISCAL IMPACT
The proposed reclassification will not cause any fiscal impact to the budget.

Rec Center Reclassification Page 2 June 22, 2023

RECOMMENDATION
That the City Council authorize the reclassification of the Youth Recreation Coordinator position to Recreation Coordinator and adopt the associated Recreation Coordinator job description.

ATTACHMENTS
Attachment 1 –Recreation Coordinator Job Description

RECREATION COORDINATOR JOB DESCRIPTION
Open-Competitive Recruitment
(Salary: $56,520 - $68,700/Annually)
GENERAL STATEMENT OF DUTIES:

Performs responsible and professional work in planning, coordinating, and directing a diverse program of municipal recreation and related activities for all age groups.

SUPERVISION:

Under the direction of the Recreation Supervisor, the Recreation Coordinator plans, develops, promotes, coordinates, implements, and administers recreation programs under adopted policies and procedures.

EXAMPLES OF DUTIES:

1. Works cooperatively with the Recreation Supervisor to administer a comprehensive recreation program.

2. Plans, organizes and coordinates Recreation Center programming including activities for youth, adults, families, and seniors.

3. Maintains organized and professional public interface including participant contact and registration, facility scheduling, clerical duties, budget/finance related duties, and program coordination.

4. Works with the general public, business groups, service clubs and other community groups in exploring, creating, developing, financing, coordinating, and implementing new program ideas.

5. Oversees a variety of recreational programs as required. Supervises part-time and volunteer staff.

6. Prepares and publishes recreation department advertisements, press releases and quarterly calendars.

7. Prepares spreadsheets, correspondence, memos, reports and other written material as necessary and/or required.

8. Performs cashiering and accounts receivable for Recreation Center’s events, trips, programs, and classes.

9. Operates a variety of office equipment and software.

10. Assists with annual recreation based community events (some evenings/weekends).

Recreation Coordinator Page 2 2023
Job Description
KNOWLEDGE, SKILLS AND ABILITY:

Knowledge of philosophy, trends, principles, and techniques of community recreation administration; knowledge of program planning and techniques as related to recreation; ability to work with the community and other departments on matters relating to recreation; ability to prepare and administer department budget; ability to read, understand, and apply complex written information; ability to understand and carry out oral or written instructions; ability to communicate clearly and concisely, both orally and in writing; ability to establish and maintain effective relationships with community organizations; and ability to deal with private and public entities and the public in general. Employee must have the ability to get along with co-workers and interact with the public. Employee must have the ability to drive a vehicle.

PHYSICAL DEMANDS AND WORKING CONDITIONS:

Bending, stooping, kneeling, reaching, lifting and carrying approximately 40 pounds at waist high level. Frequent standing and walking required. High to moderate requirement for hand coordination, visual and cognitive abilities. Ability to hear clearly over distracting noise.

EXPERIENCE AND TRAINING:

High school diploma required. Bachelor’s degree preferred. Two years of responsible administrative, recreation programming, and clerical experience, including experience working with the public required. Experience in coordination of recreation activities or in a municipal recreation program desirable or any combination of education, training and/or work experience to demonstrate knowledge, skills, and abilities to meet the above minimum requirements. First Aid/CPR certification required.

SELECTION GUIDELINES:

City application and supplemental questionnaire required; rating of education, certifications, and experience; oral interview, job-related tests; successful completion of pre-employment physical and Live Scan background check.

PROBATIONARY PERIOD:

Employees must complete twelve (12) months of probation at a satisfactory level prior to gaining regular status.

The duties listed above are not intended to be all-inclusive. An employee may also perform other reasonable related duties as assigned by his/her immediate supervisor.

This position is considered non-exempt.

This position description is subject to change by the City as the needs of the City and requirements of the position change, in accordance with applicable personnel rules and procedures.