Buellton City Council
August 10, 2023

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of August 10, 2023 at 6:00 p.m.

City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend.

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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 July 27, 2023 City Council Meeting

City Council Meeting Agenda Page 2 August 10, 2023

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2022/2023 and 2023/2024

3. Monthly Treasurer’s Report – June 30, 2023
 (Staff Contact: Finance Director Shannel Zamora)

PRESENTATIONS

PUBLIC HEARINGS (POSSIBLE ACTION)

4. Resolution No. 23-18 – “A Resolution of the City Council of the City of Buellton, California, Approving, Authorizing and Directing Execution of A Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and Approving A Plan of Finance for the Issuance of Revenue Bonds by the Authority to Finance and Refinance A Qualified Residential Rental Project for the Benefit of Buellton Garden Apartments, L.P., and Certain Other Matters Relating Thereto”  (Staff Contact: City Manager Scott Wolfe)

COUNCIL MEMBER COMMENTS/ITEMS

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

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

BUSINESS ITEMS
CITY MANAGER’S REPORT

ADJOURNMENT
The next meeting of the City Council will be held on Thursday, September 14, 2023 at 6:00 p.m. The regular City Council meeting of August 24, 2023 will be cancelled.

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

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of July 27, 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, Public Works Director Rose Hess, and City Clerk Linda Reid

REORDERING OF AGENDA
None

PUBLIC COMMENTS
John Dorwin, Buellton, spoke about the gravel trucks entering Rancho de Maria and requested that staff look into why this is occurring and work to stop the track travel, so the streets are not impacted.

A.J. Tarman, Buellton, requested traffic enforcement along Highway 246 to slow vehicle speeds through Buellton and requested that staff get Caltrans involved to reduce the width of the four lane roadway.

CONSENT CALENDAR

1. Minutes of June 22, 2023 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2022/23 and 2023/24

City Council Meeting Minutes Page 2 July 27, 2023

3. Designation of Voting Delegate and Alternate for 2023 League of California Cities Annual Conference Business Meeting

4. Resolution No. 23-17 - “A Resolution of the City Council of the City of Buellton, California, Approving the Second Amendment of the Joint Exercise of Powers Agreement Creating the Central Coast Water Authority and Finding Such Action Exempt from the California Environmental Quality Act”
MOTION:

Motion by Council Member Lewis, seconded by Vice Mayor Sanchez, 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
None

PUBLIC HEARINGS

None

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Silva expressed concern regarding the HUB project and how it will affect the Rancho de Maria community. Council Member Silva requested that staff move the speed trailer to McMurray Road and look into the purchase of a second speed trailer.

Council Member Silva requested a future agenda item to discuss adding bike racks throughout Buellton, which was supported by the Council. Council Member Silva requested a future agenda item to review the current staff holiday calendar and possibly add additional holidays to the list, which was supported by the Council. Council Member Silva requested that Council recognize Hispanic Heritage month in September with a proclamation.

Council Member Hornick requested that the Circulation Element be agendized for review and discussion by the City Council. Council Member Hornick requested that staff look into replacing the internet exchange server so that email is more accessible. Council Member Hornick requested that staff have the speed trailer currently located on Avenue of Flags repaired or reprogramed so the lights are not flashing.

City Council Meeting Minutes Page 3 July 27, 2023
Council Member Lewis also requested that staff look into replacing the internet exchange server so that email is more accessible. Council Member Lewis requested that staff look into adding dog bag stations on Dawn Drive near PAWS Park. Council Member Lewis requested an update on the playground equipment at Village Park.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Council Member Lewis announced that she attended the Annual Board Meeting for California Joint Powers Insurance Authority (CJPIA) in La Palma on July 19 and provided an oral report for the record.

Vice Mayor Sanchez announced that he attended the Central Coast Water Authority (CCWA) meeting and provided an oral report for the record.

Vice Mayor Sanchez announced that he attended board meetings for Santa Barbara County Association of Governments (SBCAG) and Air Pollution Control District (APCD) and provided oral reports regarding the meetings.

Council Member Silva announced that he attended the Green Team meeting and provided an oral report for the record.

Council Member Silva announced he attended the Affordable Housing Task Group meeting and provided an oral report for the record.

Mayor King announced that he and City Manager Wolfe attended the Change of Command ceremony at Vandenberg Space Force Base.

BUSINESS ITEMS

5. Presentation by Central Coast Community Energy
RECOMMENDATION:

That the City Council receive a presentation by 3CE.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

Judi Young, Senior Customer Accounts Manager with 3CE provided a presentation and responded to questions from the Council.

City Council Meeting Minutes Page 4 July 27, 2023

6. Consideration of Third Amendment to City Manager Employment Agreement and Discussion of Salary Adjustment for City Manager for Fiscal Year 2023-24 RECOMMENDATION:

That the City Council consider salary and benefit adjustments for the City Manager for Fiscal Year 2023-24 and direct the City Attorney to prepare the Third Amendment to the City Manager Employment Agreement for signature by the Mayor and City Manager.

STAFF REPORT:

Human Resource Director Reid presented the staff report.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Hornick, seconded by Council Member Lewis authorizing approval of the Third Amendment to the City Manager Employment Agreement, as well as the City Manager’s requested changes to the agreement, and that the City Attorney prepare the Third Amended Agreement for signature by the Mayor and the City Manager.

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 6:56 p.m. The next regular meeting of the City Council will be held on Thursday, August 10, 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: SW
Council Agenda Item No.: 2

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: August 10, 2023
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Years 2022/2023 and 2023/2024
______________________________________________________________________________

BACKGROUND
Staff is required to submit a check register to the City Council for approval every Council meeting for the most recently completed check register (Attachment 1).

The check register for the period 07/15/2023 through 07/28/2023 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 07/15/2023 through 07/28/2023 was $336,157.26.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for FY 2022/23 and FY 2023/24. Cash is available for the payment disbursements of the above liabilities.

RECOMMENDATION
That the City Council review and accept the check register for the period 07/15/2023 through 07/28/2023.

ATTACHMENTS
Attachment 1 – Claims

CONSOLIDA TED CLAIMS DISBURSEMENT

BACK-UP/SUPPORT DATA IS A V AILABLE FOR COUNCIL REVIEW IN CITY HALL The following is a list of claims for the period of July 15,2023 through July 28, 2023 for ratification by the City Council at the August 10, 2023 City Council Meeting.

EXHIBIT A - AlP Packets processed
AlP Packet# APPKTOXXXX
AlP Packet# APPKTOXXXX
AlP Packet# APPKT02116
AlP Packet# APPKT02115
AlP Packet# APPKT02111
Total AlP Packets:

Utility Packet #UBPKT03159
Utility Packet #UBPKT03149
Total of checks issued:

0.00 0.00
125,738.18
57,645.00
51,763.04
$235,146.22 (9 pages)
396.36 (1 page)
120.93
$235,663.51
EXHIBIT B - Payments via Electronic Fund Transfer (EFT) EFT Total:

Payroll processed
City Council Payroll
Staff Payroll
712712023
712812023
Total Payroll:

Disbursement from Capital Lease Proceeds
TOTAL AMOUNT OF CLAIMS:
\\FILESERVER\Users\Finance _ Shared\CLAIMS APPROVALS\Claims Approval FY2023-2024.xlsx $28,883.11
2,979.11
68,631.53
$71,610.64
$336,157.26

Payments via Electronic Fund Transfer (EFT):

From 07115/2023 through 0712812023
Payroll Tax - IRS
CalPERS - PEPRA
CalPERS - Classic
Payroll Tax - EDD
AFLAC
Payroll Tax - EDD
CA Dept Tax Fee (CDTF A)
Payroll Tax - IRS
CalPERS - PEPRA
Total
711712023
7117/2023
7117/2023
7/17/2023
7118/2023
7/20/2023
7/2512023
712812023
7/28/2023
IIFILESERVERIUsersIFinance_SharedICLAIMS APPROVALSIClaims Approval FY2023-2024.xlsx

EXHIBITB
11,273.89
6,816.09
6,400.23
3,805.76
333.98

6.28 14.00
143.50

89.38 28,883.11

Check Disbursements - City Council - August 10, 2023
of Buellton, CA By Payment Number
Payment Dates 7/15/2023 - 7/28/2023
Payment Payment Date Vendor # Payment Amount
Number Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 44426 7/19/2023 000005 ABALONE COAST ANALYTICAL, INC. 394.00 6144 JUNE 2023 - WTP - WATER TESTING 020-601-61111 394.00 44427 7/19/2023 000168 ALLIANT INSURANCE INC. 912.00
2349616 7/1/23-7/1/24 - 23-24 ACiP CRIME INS RENEWAL 001-410-50600 304.00 2349616 7/1/23-7/1/24 - 23-24 ACIP CRIME INS RENEWAL 005-701-50600 304.00 2349616 7/1/23-7/1/24 - 23-24 ACIP CRIME INS RENEWAL 020-601-50600 304.00 44428 7/19/2023 000118 COASTAL COPY, INC. 1,073.15
1069390 6/11-8/10/2023 - CH/HR/FIN-COPIER LEASE/OVERAGES 001-410-60310 363.12 1069390 6/11-8/10/2023 - CH/HR/FIN-COPIER LEASE/OVERAGES 001-410-61130 710.03 44429 7/19/2023 000598 ENGEL & GRAY, INC. 8,623.63
36XOOO03 JUNE 2023 - WWTP - WASTE HANDLING - BIO SOLIDS 005-701-60800 8,623.63 44430 7/19/2023 001008 ENVIRONMENTAL AGRICULTURAL 671.00 310070A 6/15/2023 - WATER SAMPLE TESTING 001-551-67575 671.00 44431 7/19/2023 001364 FAMCON PIPE & SUPPLY-5M 8,015.50 S100100846-002 6/1/2023 - WWTP - MISC MAl NT/REPAIR ITEMS 005-701-60250 963.29 S100104631-001 6/15/2023 - WTP - MISC MAINT/REPAIR ITEMS 020-601-60250 392.59 5100104709-001 6/16/2023 - WTP - MISC MAINT/REPAIR ITEMS 020-601-60250 2,471.89 5100104772-001 6/19/2023 - WTP - MISC MAINT/REPAIR ITEMS 020-601-60250 2,135.61 S100104839-001 6/20/2023 - WTP - MISC MAl NT/REPAIR ITEMS 020-601-60250 1,711.73 S100105038-001 6/22/2023 - WTP - MISC MAl NT/REPAIR ITEMS 020-601-60250 340.39 44432 7/19/2023 000649 FLUID RESOURCE MANAGEMENT, INC. 2,976.40 T22797 FEB 2023 - WWTP - OPERATION SERVICES 005-701-60800 2,976.40 44433 7/19/2023 001430 GSOLUTIONZ, INC. 1,088.35
234356 5/13/23-06/13/23 - Intermedia Cloud/Voice Services 001-401-67705 117.24 234356 5/13/23-06/13/23 - Intermedia Cloud/Voice Services 001-410-67705 382.46 234356 5/13/23-06/13/23 - Intermedia Cloud/Voice Services 001-511-61290 196.88 234356 5/13/23-06/13/23 - Intermedia Cloud/Voice Services 001-558-67705 87.93 234356 5/13/23-06/13/23 - Intermedia Cloud/Voice Services 001-565-67705 185.60 234356 5/13/23-06/13/23 - Intermedia Cloud/Voice Services 005-701-67705 59.62 234356 5/13/23-06/13/23 - Intermedia Cloud/Voice Services 020-601-67705 58.62 44434 7/19/2023 000395 JOSE RAFAEL RUIZ dba 1,200.00
2203 7/11/2023 - STRIP & WAX ALL RR CONCRETE FLOORS 001-552-60800 1,200.00 44435 7/19/2023 001702 KENNETH SCOTT FISHER dba 700.00
1315 7/7/2023 - WTP - BOOSTER PUMP MAINTENANCE 020-601-60250 700.00 44436 7/19/2023 000310 MARBORG INDUSTRIES 771.25
5857623 6/21/2023 - WWTP - ROLL-OFF RENTAL/FEES 092-706-74100 09270674100 501.25 5866856 6/30/2023 - WWTP - (2) 11 YARD ROLL OFF RENTAL 092-706-74100 09270674100 270.00 44437 7/19/2023 000835 METRO VENTURES LTD 8,200.00
2023-07-14-buel June 2023 - PLNG - City Planner Services 001-565-60800 8,200.00 44438 7/19/2023 001696 NVIRO 2,630.00
2990 6/21&22/2023 - WTP - SCADA MAINT/REPAIR SERVICES 020-601-60800 2,630.00 44439 7/19/2023 001187 PATTY J HAMMEL 328.40
001187-06122023 3/28-30/23 & 6/12/23 - Reimbursement - Expense Rpt 001-565-60710 . 328.40 7/31/20238:46:35 AM Page 1 of 9

Check Disbursements - City Council - August 10, 2023 Payment Dates: 7/15/2023 - 7/28/2023 Payment Payment Date Vendor # Payment Amount
Number Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 44440 7/19/2023 000450 SB CO SHERIFF'S DEPARTMENT 130.00 000450-06302023 B 6/30/2023 - REFUND - RCPT# ROO143050 001-44250 130.00 44441 7/19/2023 000450 SB CO SHERIFF'S DEPARTMENT 130.00 000450-06302023A 6/30/2023 - REFUND - RCPT# R00143051/RECD IN ERROR 001-44250 130.00 44442 7/19/2023 000465 SP MAINTENANCE SERVICES, INC. 2,547.95 89423 JUNE 2023 - STREET SWEEPING SERVICES 001-558-60800 3,806.20 89432 JUNE 2023 - CREDIT - ONE SERVICE MISSED 001-558-60800 (1,258.25) 44443 7/19/2023 001188 The Hankering Corporation 69.33
87394 7/11/2023 - REC - BUSINESS CARDS 001-511-61130 69.33 44444 7/19/2023 000529 TRANSFIRST HEALTH & GOVERNMENT SVCS 306.56 2919133 JUNE 2023 - REC - MERCHANT FEES 001-511-60900 306.56 44445 7/19/2023 000862 TYLER TECHNOLOGIES, INC. 260.00
025-429267 6/30/2023 - TRANSACTION FEES - UB 005-701-60210 130.00 025-429267 6/30/2023 - TRANSACTION FEES - UB 020-601-60210 130.00 44446 7/19/2023 000765 VICTOR RODRIGUEZ dba 141.77
53419 7/13/2023 - PW - VEHICLE MAINTENANCE 001-558-60270 141.77 44447 7/19/2023 001767 WORKBENCH 10,593.75
23148-101 MAY 2023 - ADU DESIGN PROGRAM SERVICES 001-565-60815 GM003070 10,593.75 44449 7/26/2023 001111 TETRA TECH, INC. 57,645.00
52095857 June 2023 - Encroachment Permit Services 025-557-60800 1,225.00 52095858 June 2023 - Prof Srvcs - 73 Ind Way Figueroa 001-22416 90037-070 332.50 52095859 June 2023 - COB - Engineering Services 001-551-60800 7,702.50 52095859 June 2023 - COB - Engineering Services 001-565-60830 880.00 52095859 June 2023 - COB - Engineering Services 005-701-60830 6,205.00 52095859 June 2023 - COB - Engineering Services 020-601-60800 1,950.00 52095859 June 2023 - COB - Engineering Services 020-601-60830 1,170.00 52095859 June 2023 - COB - Engineering Services 025-554-60800 1,867.50 52095859 June 2023 - COB - Engineering Services 029-557-60800 4,860.00 52095859 June 2023 - COB - Engineering Services 092-321-71500 09232171500 5,610.00 52095860 June 2023 - Prof Srvcs - Rio Vista Chev Car Wash 001-22416 80002070 100.00 52095861 June 2023 - WTP - Reservoir#2 Reroof Design 092-613-70005 09261370005 3,795.00 52095862 June 2023 - ProfSrvcs - 220 Ind Way/Saarloos Dev 001-22416 90072070 262.50 52095863 June 2023 - ProfSrvcs - BUE-17 Industrial Way 001-22416 90043075 6,405.00 52095864 June 2023 - ProfSrvcs - Polo Village 001-22416 90077070 2,485.00 52095865 June 2023 - ProfSrvcs - 430/440 Central Avenue 001-22416 80003070 2,100.00 52095866 June 2023 - ProfSrvcs - BUE-17 001-22416 90043070 6,495.00 52095867 June 2023 - ProfSrvcs - McMurray Hotels 001-22416 90084070 4,200.00 44451 7/26/2023 000303 ART MERCADO 50.00
000303-072023 7/20/2023 - PLNG - COMMISSION MEETING 001-565-50010 50.00 44452 7/26/2023 001372 BRENNTAG PACIFIC, INC. 1,185.75
BPI356222 7/14/2023 - WTP - CHEMICALS 020-601-61111 1,185.75 44453 7/26/2023 001309 BUELLTON VILLAGE CENTER LLC 5,000.00 001309-06302023 6/30/2023 - REFUND - CLOSE OUT PROJECT ACCOUNT 001-22416 90059-001 5,000.00 44454 7/26/2023 000065 BURKE, WILLIAMS & SORENSEN, LLP 13,030.60 304190 JUNE 2023 - RETAINER - LEGAL SERVICES 001-404-60840 10,557.00 304191 JUNE 2023 - LEGAL SERVICES 001-404-60840 2,420.00 304191 JUNE 2023 - LEGAL SERVICES 092-307-71200 09230771200 53.60 44455 7/26/2023 001591 CENTRAL COAST PAVING 3,850.00
517 7/19/2023 - CONCRETE SLAB FOR MEMORIAL BENCH 001-558-60250 3,850.00 7/31/20238:46:35 AM Page 2 of 9

Check Disbursements - City Council- August 10, 2023 Payment Dates: 7/15/2023 - 7/28/2023 Payment Payment Date Vendor # Payment Amount
Number Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 44456 7/26/2023 000107 CITY OF LOMPOC 1,666.66
12311 AUGUST 2023 - MONTHLY TRANSIT SERVICES 027-559-67445 1,666.66 44457 7/26/2023 001649 CIVIC SOLUTIONS 11,813.75
43023 APRIL 2023 - PLNG - SERVICES PROJECT MANAGEMENT 001-565-60820 GM002070 5,270.00 53123 MAY 2023 - PLNG - PROJECT MGMNTSERVICES 001-56S-60820 GM002070 6,543.75 44458 7/26/2023 000115 CLINICAL LAB OF SAN BERNARDINO Inc. 30.00 997686 6/19/2023 - WTP - WATER SAMPLE TESTING 020-601-61111 30.00 44459 7/26/2023 000655 COAST NETWORX, INC. 375.00
22161 9/1/2023 - PW - IT SERVICE NETWORK CONNECTION 001-558-60210 375.00 44460 7/26/2023 000122 COMCAST CABLE 221.45
0207915-07132023 7/18-8/17/2023 - CCC - Internet Services 001-410-61292 221.45 44461 7/26/2023 000203 Gary Brown Service & Repair, Inc. 260.00 1917 4/24/2023 - PD - HVAC REPAIR 001-558-60250 260.00
44462 7/26/2023 001084 James Porter Tilley, Jr. dba 150.00 SI-22S4 7/21/2023 - REC - MAINTENANCE SERVICE CALL 001-511-60800 150.00 44463 7/26/2023 001400 KRISTEN THOMSEN 56.34
001400-07212023 7/8/2023 - REC - REIMBURSEMENT - DAY CAMP SNACKS 001-511-67140 51016-040 56.34 44464 7/26/2023 001746 LAURA JEAN ROMANO DEFAZIO 50.00
001746--072023 7/20/2023 - PLNG - COMMISSION MEETING 001-565-50010 50.00 44465 7/26/2023 000310 MARBORG INDUSTRIES 221.40
5862863 6/27-30/2023 - WTP - RESERVOIR - TEMP FENCE RENTAL 092-613-74100 09261374100 221.40 44466 7/26/2023 001225 MARCILO SARQUI LLA 50.00
001225-072023 7/20/2023 - PLNG - COMMISSION MEETING 001-565-50010 50.00 44467 7/26/2023 001710 MARTA NOVIALS-GUMM 225.00
001710-07212023 6/1-30/2023 - REC - YOGA INSTRUCTOR 001-511-67140 225.00 44468 7/26/2023 000954 MICHAEL MacEACHERM dba 30,600.00 5639 3/28/2023 - PW - PREP WALLS FOR COATING 005-701-60250 7,800.00 5640 3/29/2023 - WWTP - PREP MANHOLE FOR COATING 005-701-60250 3,900.00 5641 4/18&28/2023 - CLEAN AND COAT MANHOLE(S) 005-701-60250 7,500.00 5642 4/19/2023 - WWTP - CLEAN AND COAT MANHOLE (2) 005-701-60250 11,400.00 44469 7/26/2023 001589 OILFIELD ENVIRONMENTAL & COMPLIANCE, INC. (OEe) 611.50 A230719 JUNE 2023 - WWTP - WATER SAMPLE TESTING 005-701-61111 611.50 44470 7/26/2023 000352 PG&E 180.54
80625-7-07102023 6/8-7/9/2023 - 202Drylnd- Utilities - Electric 001-558-61241 180.54 44471 7/26/2023 001187 PATTY J HAMMEL 50.00
001187-072023 7/20/2023 - PLNG - COMMISSION MEETING 001-565-50010 50.00 44472 7/26/2023 000861 POLYDYNE INC. 1,656.14
1756036 7/18/2023 - WWTP - CHEMICALS 005-701-61111 1,656.14 44473 7/26/2023 001768 RON MILLER 500.00
001768-07212023 7/29/2023 - REC - BBQ BONANZA MUSICIAN 001-511-67140 500.00 44474 7/26/2023 000424 Santa Ynez River Water Conservation District - SYRWCD 4,247.65 000424-07262023 JAN-JUNE 2023 - SEMI-ANNUAL GROUNDWATER PROD STMNT 020-601-67610 4,247.65 44475 7/26/2023 000894 Santa Ynez Valley Hotel Assn., Inc. dba 47,760.30 000894-062023 JUNE 2023 - SYVTBID FEES 001-22160 48,735.00 CMOO0894-062023 JUNE 2023 - SYVTBID - ADMIN FEES 001-44250 (974.70) 7/31/2023 8:46: 35 AM Page 3 of 9

Check Disbursements - City Council - August 10, 2023
Payment Payment Date Vendor #
Number Payable Number Description Vendor Name
44476 7/26/2023 001116 SANTA YNEZ VALLEY STAR
2023-11807 7/4/2023 - REC - ADVERTISING 1/4 PG SQ
44477 7/26/2023 001745 SHANNON REESE
001745-072023 7/20/2023 - PLNG - COMMISSION MEETING
44478 7/26/2023 001188 The Hankering Corporation
87097 5/25/2023 - WWTP - DEWATERING BLUEPRINTING
87183 6/30/2023 - REC - POSTCARDS - BBQ BONANZA
7/31/20238:46:35 AM
Account Number
001-511-60510
001-565-50010
005-701-60830
001-511-67140
Payment Dates: 7/15/2023 - 7/28/2023
Payment Amount
Project Acct Key Item Amount
Payment Total:
128.00
128.00

50.00 50.00
1,718.10
104.40
1,613.70
235,146.22

Check Disbursements - City Council - August 10, 2023
Fund
001- General Fund
005 - Sewer Fund
020 - Water Fund
02S - Gas Tax Fund
027 - Local Transportation Fund
029 - Transportation Planning
Fund Summary
092 - Capital Improvement Proj Fund
7/31/20238:46:35 AM
Account Number
001-22160
001-22416
001-401-67705
001-404-60840
001-410-50600
001-410-60310
001-410-61130
001-410-61292
001-410-67705
001-44250
001-511-60510
001-511-60800
001-511-60900
001-511-61130
001-511-61290
001-511-67140
001-551-60800
001-551-67575
001-552-60800
001-558-60210
001-558-60250
001-558-60270
001-558-60800
001-558-61241
001-558-67705
001-565-50010
001-565-60710
001-565-60800
001-565-60815
001-565-60820
001-565-60830
001-565-67705
005-701-50600
005-701-60210
005-701-60250
005-701-60800
005-701-60830
005-701-61111
005-701-67705
020-601-50600
020-601-60210
020-601-60250
020-601-60800
020-601-60830
020-601-61111
020-601-67610
Account Summary
Account Name
SYVTBID Payable
Developer Deposit
Telephone
Contract Services-Legal Fees
Insurance - Liability
Equipment Rental
Office Supplies
Internet Access/ Website Maint
Telephone
Miscellaneous
Advertising
Contract Services
Miscellaneous
Office Supplies
Telephone/Internet
Buellton Recreation Program
Contract Services
Regulatory Compliance
Contract Services
Computer Maintenance &Software
Maintenance / Repair
Maintenance - Vehicles
Contract Services
Utilities - Electric
Telephone
Planning Commission Salaries
Travel & Training
Contract Services
Contract Services - LEAP Grant
REAP Grant
Contract Services-Engineering
Telephone
Insurance - Liability
Computer Maintenance &Software
Maintenance / Repair
Contract Services
Contract Services-Engineering
Chemicals / Analysis
Telephone
Insurance - Liability
Computer Maintenance &Software
Maintenance / Repair
Contract Services
Contract Services-Engineering
Chemicals / Analysis
Santa Ynez River Appropriation
Grand Total:

Payment Dates: 7/15/2.02.3 - 7/28/2023
Report Summary
Payment Amount
142,989.60
52,233.98
19,852.23
3,092.50
1,666.66
4,860.00
10,451.25
235,146.22
Payment Amount
48,735.00
27,380.00
117.24
12,977.00
304.00
363.12
710.03
221.45
382.46
(714.70)
128.00
150.00
306.56

69.33 196.88
2,395.04
7,702.50
671.00
1,200.00
375.00
4,110.00
141.77
2,547.95
180.54

87.93 250.00
328.40
8,200.00
10,593.75
11,813.75
880.00
185.60
304.00
130.00
31,563.29
11,600.03
6,309.40
2,267.64

59.62 304.00
130.00
7,752.21
4,580.00
1,170.00
1,609.75
4,247.65

Check Disbursements - City Council - August 10, 2023
Account Number
020-601-67705
025-554-60800
025-557-60800
027-559-67445
029-557-60800
092-307-71200
092-321-71500
092-613-70005
092-613-74100
092-706-74100
Project Account Key
**None**
09230771200
09232171500
09261370005
09261374100
09270674100
51016-040
80002070
80003070
90037-070
90043070
90043075
90059-001
90072070
90077070
90084070
GM002070
GM003070
Account Summary
Account Name
Telephone
Contract Services
Contract Services
Lompoc- Wine Country Express
Contract Services
Right of Way Acquistion
Road Maintenance (2022/23)
Design and Permitting
Construction/Improvements
Construction and Improvements
Project Account Summary
McMurray Road Widening/TS (13/14)
Road Maintenance Project (22/23)
Reservoir No.2 Reroof Project
Reservoir No.2 Reroof Project
WWTP Facilities Improvements
Summer Camp 2023
390 E Hwy 246 (Rio Vista Chev)
430 & 440 Central Ave (Ruffino)
Fig Mountain Brewing
The Buellton Hub
The Buellton Hub
Crossroads Center Building B & C
220 Industrial Way (Saarloos)
Polo Village 560 McMurray
McMurray Road Hotels
REAP Grant
LEAP Grant
Grand Total:

Grand Total:

Payment Dates: 7/15/2023 -7/28/2023
Payment Amount

58.62 1,867.50
1,225.00
1,666.66
4,860.00

53.60 5,610.00
3,795.00
221.40
771.25
235,146.22
Payment Amount
174,851.13

53.60 5,610.00
3,795.00
221.40
771.25

56.34 100.00
2,100.00
332.50
6,495.00
6,405.00
5,000.00
262.50
2,485.00
4,200.00
11,813.75
___ .~0,593.75 •
235,146.22

Check Disbursements - City Council - August 10, 2023
City of Buellton, CA Contract Services Detail
Vendor Name Payment Number Post Date
Fund: 001- General Fund
Department: 404 - CITY ATTORNEY
BURKE, WILLIAMS & SORENSEN, LLP 44454 06/30/2023
BURKE, WILLIAMS & SORENSEN, LLP 44454 06/30/2023
Department: 511- RECREATION
James Porter Tilley, Jr. dba 44462 07/21/2023
Department: 551- STORM WATER
TETRA TECH, INC. 44449 06/30/2023
Department: 552 - PUBLIC WORKS - PARKS
JOSE RAFAEL RUIZ dba 44434 07/11/2023
Department: 558 - PUBLIC WORKS - GENERAL
SP MAINTENANCE SERVICES, INC. 44442 06/30/2023
SP MAINTENANCE SERVICES, INC. 44442 06/30/2023
Department: 565 - PLANNING
METRO VENTURES LTD 44437 06/30/2023
WORKBENCH 44447 05/31/2023
TETRA TECH, INC. 44449 06/30/2023
CIVIC SOLUTIONS 44457 04/30/2023
CIVIC SOLUTIONS 44457 05/31/2023
Fund: 005 - Sewer Fund
Department: 701- WASTEWATER
ENGEL & GRAY, INC. 44429 06/30/2023
FLUID RESOURCE MANAGEMENT, INC. 44432 02/28/2023
TETRA TECH, INC. 44449 06/30/2023
The Hankering Corporation 44478 OS/25/2023
7/31/20238:58:56 AM
Payment Dates 7/15/2023 - 7/28/2023
Description (Item) Account Number
JUNE 2023 - RETAINER - LEGAL 001-404-60840

SERVICES
JUNE 2023 - LEGAL SERVICES 001-404-60840
Department 404 - CITY ATTORNEY Total:
7/21/2023 - RECMAINTENANCE SERVICE CALL 001-511-60800
Department 511- RECREATION Total:

June 2023 - COB - Engineering 001-551-60800
Services
Department 551- STORM WATER Total:
7/11/2023 - STRIP & WAX ALL 001-552-60800

RR CONCRETE FLOORS
Department 552 - PUBLIC WORKS - PARKS Total:

JUNE 2023 - STREET

SWEEPING SERVICES
JUNE 2023 - CREDIT - ONE

SERVICE MISSED
001-558-60800
001-558-60800
Department 558 - PUBLIC WORKS - GENERAL Total:

June 2023 - PLNG - City
Planner Services
MAY 2023 - ADU DESIGN

PROGRAM SERVICES
001-565-60800
001-565-60815
June 2023 - COB - Engineering 001-565-60830
Services
APRIL 2023 - PLNG - SERVICES 001-565-60820

PROJECT MANAGEMENT
MAY 2023 - PLNG - PROJECT 001-565-60820

MGMNT SERVICES
Department 565 - PLANNING Total:

Fund 001 - General Fund Total:

JUNE 2023 - WWTP - WASTE 005-701-60800

HANDLING - BIO SOLIDS
FEB 2023 - WWTP - 005-701-60800

OPERATION SERVICES
June 2023 - COB - Engineering 005-701-60830
Services
5/25/2023 - WWTP - 005-701-60830

DEWATERING BLUEPRINTING
Department 701 - WASTEWATER Total:

Fund 005 - Sewer Fund Total:

Amount
10,557.00
2,420.00
12,977.00
150.00
150.00
7,702.50
7,702.50
1,200.00
1,200.00
3,806.20
(1,258.25)
2,547.95
8,200.00
10,593.75
880.00
5,270.00
6,543.75
31,487.50
56,064.95
56,064.95
8,623.63
2,976.40
6,205.00
104.40
17,909.43
17,909.43
17,909.43

Contract Services Detail
Vendor Name Payment Number Post Date
Fund: 020 - Water Fund
Department: 601- WATER
NVIRO
TETRA TECH, INC.

TETRA TECH, INC.

Fund: 025 - Gas Tax Fund
44438
44449
44449
Department: 554 - TRAFFIC SAFETY
TETRA TECH, INC. 44449
Department: 557 - PUBLIC WORKS - ENGINEERING
06/22/2023
06/30/2023
06/30/2023
06/30/2023
TETRA TECH, INC. 44449 06/30/2023
Fund: 029 - Transportation Planning
Department: 557 - PUBLIC WORKS - ENGINEERING
TETRA TECH, INC. 44449 06/30/2023
7/31/20238:58:56 AM
Payment Dates: 7/15/2023 - 7/28/2023
Description (Item) Account Number
6/21&22/2023 - WTP - SCADA 020-601-60800

MAINT/REPAIR SERVICES
June 2023 - COB - Engineering 020-601-60800
Services
June 2023 - COB - Engineering 020-601-60830
Services
Department 601- WATER Total:

Fund 020 - Water Fund Total:

June 2023 - COB - Engineering 025-554-60800
Services
Department 554 - TRAFFIC SAFETY Total:

June 2023 - Encroachment 025-557-60800
Amount
2,630.00
1,950.00
1,170.00
5,750.00
5,750.00
5,750.00
1,867.50
1,867.50
1,225.00
Permit Services •. __ .. _. _____ .

Department 557 - PUBLIC WORKS - ENGINEERING Total:

Fund 025 - Gas Tax Fund Total:

June 2023 - COB - Engineering 029-557-60800
Services
Department 557 - PUBLIC WORKS - ENGINEERING Total:

Fund 029 - Transportation Planning Total:
1,225.00
3,092.50
3,092.50
4,860.00
4,860.00
4,860.00
4,860.00
Grand Total: "'';'-'87,676:88'

Contract Services Detail
7/31/20238:58:56 AM
Fund
001- General Fund
005 - Sewer Fund
020 - Water Fund
025 - Gas Tax Fund
Fund Summary
029 - Transportation Planning
Account I
001-404-60840
001-511-60800
001-551-60800
001-552-60800
001-558-60800
001-565-60800
001-565-60815
001-565-60820
001-565-60830
005-701-60800
005-701-60830
020-601-60800
020-601-60830
025-554-60800
025-557-60800
029-557-60800
Grand Total:

Account Summary
Account Name
Contract Services-Legal Fees
Contract Services
Contract Services
Contract Services
Contract Services
Contract Services
Contract Services - LEAP Grant
REAP Grant
Contract Services-Engineering
Contract Services
Contract Services-Engineering
Contract Services
Contract Services-Engineering
Contract Services
Contract Services
Contract Services
Grand Total:

Project Account Summary
Project Account Key
**None**
GM002070
GM003070
REAP Grant
LEAP Grant
Grand Total:

Payment Dates: 7/15/2023 - 7/28/2023
Payment Amount
56,064.95
17,909.43
5,750.00
3,092.50
4,860.00
87,676.88
Payment Amount
12,977.00
150.00
7,702.50
1,200.00
2,547.95
8,200.00
10,593.75
11,813.75
880.00
11,600.03
6,309.40
4,580.00
1,170.00
1,867.50
1,225.00
4,860.00
87,676.88
Payment Amount
65,269.38
11,813.75
10,593.75
87,676.88
Report Summary

City of Buellton, CA
j
UBPKT03159 - Refunds 01 UBPKT03157 Regular
Account
,~,_~~ = ~'_W~"" __ ~_Y"'"
01-12200-002
03-18400-004
04-13 700-003
07-06300-006
09-24200-011
10-15400-002
Total Refunds: 6
7/28/20239:42:09 AM
Name Date
BENDELE, DEBRA 7/28/2023
PRECIADO, JESSE 7/28/2023
JONES, SEAMUS 7/28/2023
BROUMPTON, KAITLIN 7/28/2023
HARTSTEIN, STEVE AND GENENE 7/28/2023
HENDERSON, DONALD AND LOUISE 7/28/2023
Check#
44479
44480
44481
44482
44483
44484
Total Refunded Amount:

Amount

8.00 1.55

86.81 100.00
100.00
100.00
396.36
of
Code
_.Rev~nll.~_ C~d.e,. . .., AlTleJ,uD.t
996 - UNAPPLIED CREDITS 396.36
Revenue Total: 396.36
Account Number Account Name Posting Amount
Fund: 020 - WATER FUND
020·10000 Claim On Pooled Cash ·396.36
020-22420 Unapplied Credits 396.36
020 Total: 0.00
Fund: 999 - POOLED CASH
999-10001 Pooled Cash - General Checking -396.36
999-27000 Due To Other Funds 396.36
999 Total: 0.00
Distribution Total: 0.00
'.' Rec~ipt __ .
1FT
Yes
Yes
Refund Check Register
Refund Check Detail
Amq!:!.Q!. '., _ . .Iyp.~ .. 8.00 Generated From Billing

1.55 Generated From Billing

86.81 Generated From Billing
100.00 Deposit
100.00 Deposit
100.00 Deposit
Revenue Code Summary
General Ledger Distribution
Posting Date: 07/28/2023

City of Buellton, CA
j
UBPKT03149 -7/20/23 SC Refund Adjustments to 04-14500-003 Account
.·",~,'K'" , - ",-.,,_.
04-14500-003
Total Refunds: 1
7/20/20233: i8: 19 PM
Name Check # ~,~,,"~ "" .'~' , ,~, "". -- "

ZAGARINO AND JEANNE CICKAY, PAUL
Date
7/20/2023 44448
Amount
120.93
Total Refunded Amount: 120.93"
Revenue Code
996 - UNAPPLIED CREDITS
Revenue Total:

Account Number Account Name
Fund: 020 - WATER FUND
020-10000 Claim On Pooled Cash
020-22420 Unapplied Credits
020 Total:

Fund: 999 - POOLED CASH
999-10001 Pooled Cash - General Checking
999-27000 Due To Other Funds
999 Total:

Distribution Total:

Code
Amount
120.93
120.93
Posting Amount
-120.93
120.93

0.00 -120.93
120.93

0.00 0.00
R.eceipt ..
1FT
Yes
Yes
Refund Check Register
Refund Check Detail
Amount "" ~ __ ,._"> v ~"' '" - ....... _ .. Jype. .. 120.93 Deposit Revenue Code Summary
General ledger Distribution
Posting Date: 07/20/2023

CITY OF BUELLTON
City Council Agenda Staff Report

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

To: The Honorable Mayor and City Council

From: Shannel Zamora, Finance Director

Meeting Date: August 10, 2023

Subject: Monthly Treasurer’s Report – June 30, 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 June 30, 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 June 30, 2023.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – June 30, 2023

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in June 30, 2023
August 10, 2023
This report presents the City’s cash activity and investment portfolio as of June 30, 2023. The report includes:
1) Cash and investments at June 30, 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 June 30, 2023
The following schedule is a summary of the City’s cash and investments based on recorded value as of June 30, 2023 compared with the prior month.

May 31, 2023 June 30, 2023 $ Change
Cash - Pooled $ 7,236,799.09 $ 6,289,204.49 $ (947,594.60) Investments held by the City 15,885,102.90 16,897,024.58 $ 1,011,921.68 TOTAL CASH AND INVESTMENTS $ 23,121,901.99 $ 23,186,229.07 $ 64,327.08 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 acquisition of a United States Treasury bill for about $1 million with a 6-month term with a 5.20% return. The value of investments also changed 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 J u n e 3 0 , 2 0 2 3
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:

Per Statements: 6/30/2023
Mechanics Bank General Checking 6,551,092.72
Mechanics Bank Money Market 5,303,249.69
Mechanics Bank FSA 10,984.83
Local Agency Investment Fund 8,816,096.64
Multi-Securites Bank 2,777,678.25
Total Cash per Statements: 23,459,102.13
Claim on Cash vs. Total Cash Per Statements: (272,873.06) Outstanding items per System Reconciliation: (272,873.06) Difference: -
13,001,172.29
3,516,360.03
(1,785,720.40)
7,459,423.46
(2,660,871.61)
497,867.36
36,809.56
556,959.14
372,321.18
24,163.79
770,318.26
1,097,658.92
344,888.28
-
-
(45,121.19)
-
23,186,229.07
6,278,219.66
5,303,249.69
10,984.83
2,777,678.25
8,816,096.64
23,186,229.07
999-21000 Wages Payable - -
23,186,229.07
23,186,229.07
TOTAL DUE TO OTHER FUNDS 23,121,901.99 64,341.08 23,186,229.07

DUE TO OTHER FUNDS
999-27000 Due To Other Funds 23,121,901.99 64,327.08
TOTAL: Cash in Bank 23,121,901.99 64,327.08
-
TOTAL: Cash in Bank 23,121,901.99 64,327.08
999-10004 Pooled Cash - Brokerage 1,780,101.82 997,576.43 999-10005 Pooled Cash - LAIF 8,816,096.64 -
999-10002 Pooled Cash - Money Market 5,288,904.44 14,345.25 999-10003 Pooled Cash - FSA 10,968.46 16.37
TOTAL CLAIM ON CASH 23,121,901.99 64,327.08

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 7,225,830.63 (947,610.97) 091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 42,236.50 (87,357.69)
075-10000 Claim On Pooled Cash 334,675.53 10,212.75
090-10000 Claim On Pooled Cash - -
031-10000 Claim On Pooled Cash 725,471.26 44,847.00
032-10001 Claim On Pooled Cash 1,096,981.81 677.11
027-10000 Claim On Pooled Cash 371,542.59 778.59
029-10000 Claim On Pooled Cash 29,298.88 (5,135.09)
024-10000 Claim On Pooled Cash 36,786.85 22.71
025-10000 Claim On Pooled Cash 544,320.45 12,638.69
021-10000 Claim on Pooled Cash (2,660,871.61) -
023-10000 Claim On Pooled Cash 497,478.24 389.12
006-10000 Claim on Pooled Cash (1,785,720.40) -
020-10000 Claim On Pooled Cash 7,384,186.94 75,236.52

CLAIM ON CASH
001-10000 Claim On Pooled Cash 12,945,811.56 55,360.73
005-10000 Claim On Pooled Cash 3,559,703.39 (43,343.36) Bank Reconciliation - June 2023
City of Buellton, CA
For the Period Ending 6/30/2023
5/31/2023

BALANCE

CURRENT

ACTIVITY
6/30/2023
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 J u n e 3 0 , 2 0 2 3
P a g e | 3
City of Buellton
Investment Summary
June 30, 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 52.28% 2.74% n/a n/a $ 8,816,096.64 $ 8,816,096.64 First Technology Bank Fed Cr Union 0.61% 3.60% 5 yrs. 12/26/2023 103,000.00 102,156.43 First Technology Bank Fed Cr Union 0.59% 3.35% 5 yrs. 2/6/2024 100,000.00 98,838.00 Comenity Cap Bank 0.95% 2.80% 5 yrs. 4/15/2024 160,000.00 156,811.20 Morgan Stanley Bank 0.59% 2.75% 5 yrs. 5/2/2024 100,000.00 97,829.00 Capital One Bank 0.59% 2.00% 5 yrs. 8/21/2024 100,000.00 96,194.00 Morgan Stanley Bank 0.59% 1.90% 5 yrs. 1/23/2025 100,000.00 94,749.00 State Bk India 1.19% 1.60% 5 yrs. 4/29/2025 200,000.00 186,776.00 Sallie Mae Bank 0.71% 0.80% 5 yrs. 7/1/2025 120,000.00 109,610.40 Third Fed Savings 1.45% 3.50% 5 yrs. 6/28/2027 245,000.00 229,106.85 Morgan Stanley Bank 0.62% 3.75% 5 yrs. 6/28/2027 104,000.00 98,184.32 Capital One National Association 1.44% 4.30% 5 yrs. 9/30/2027 242,514.04 234,728.00 Global Federal Credit Union 1.48% 4.60% 5 yrs 4/17/2028 249,000.00 241,836.27 United States Treasury Bill 6.07% 5.20% 6 mo. 12/21/2023 1,024,000.00 998,512.64 Multi-Securities Bank - Cash in Holding 32,346.14
Money Market (Held with Mechanics Bank) 30.84% 3.35% n/a 5,200,000.00 5,303,249.69 Total City Investments 100.00% $ 16,863,610.68 $ 16,897,024.58 Certificates of Deposits (Held with Multi-Securities Bank) U.S. Treasury Securities (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 J u n e 3 0 , 2 0 2 3
P a g e | 4
The following is a fund balance schedule showing beginning fund balance at July 1, 2022 plus revenues minus expenditures for the period, resulting in ending fund balance at June 30, 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
10,847,790.74 9,457,737.47 13,379,235.06
1,262,763.60 1,406,751.17 3,105,019.58
006 - Wastewater Capital - 192,522.48 15,017.27
020 - Water Fund 2,618,765.16 1,789,968.68 8,294,453.39 021 - Water Capital - 379,026.85 (11,960.91)
6,812.47 - 496,724.84
590.00 - 36,725.42
305,911.86 150,186.75 564,912.59
027 - Local Transportation Fund 107,522.17 21,999.92 372,234.15 029 - Transportation Planning 382.20 14,290.00 (117,161.86) 031 - Measure A 413,431.35 493,925.56 805,154.20
032 - American Relief Act Fund 626,040.25 136,361.23 487,418.19 075 - Trust & Agency Fund 4,367.85 - 13,823.29
090 - Long-Term Debt - - (4,098,502.82)
091 - General Fixed Assets - - 26,389,710.21
1,427,623.42
15,599,497.55 49,603,698.58
26,389,710.21
092 - Capital Improvement Proj Fund - 1,556,727.44 (129,104.02) 47,581,195.06 17,622,001.07
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 6/30/2023
Fund July 1, 2022
Balance
Total Revenues

CITY OF BUELLTON
City Council Agenda Staff Report

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

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: August 10, 2023
Subject: Resolution No. 23-18 – “A Resolution of the City Council of the City of Buellton, California, Approving, Authorizing and Directing Execution of A Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and Approving A Plan of Finance for the Issuance of Revenue Bonds by the Authority to Finance and Refinance A Qualified Residential Rental Project for the Benefit of Buellton Garden Apartments, L.P., and Certain Other Matters Relating Thereto”
______________________________________________________________________________ BACKGROUND:

Buellton Garden Apartments LLC is the applicant and prospective developer of the Buellton Garden Apartments Project, which is located at 10 McMurray Road, which has been processed under the SB 330 entitlement process. This project will construct an eighty-nine (89) unit project which is to be affordable to tenants at the Low Income affordability level.

In order to finance projects like this at the Low Income affordability level, housing bonds are typically issued. California law authorize cities and certain other public agencies to issue tax exempt revenue bonds to reduce the financing costs of affordable multifamily rental housing developments. Because local jurisdictions typically have neither the size of staff nor staff with the expertise to implement such programs, cities and counties are further authorized to form joint exercise of powers authorities (JPA's) to conduct the sale of bonds on the behalf of JPA members.

Buellton Garden Apartments LLC has requested that the California Municipal Finance Authority (CMFA) serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $35,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance the costs of the acquisition, development, construction and equipping of an 89-unit qualified residential rental project for low-income tenants, to be located at 10 McMurray Road within the City of Buellton, California.

Resolution No. 23-18 Page 2 August 10, 2023
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Buellton must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of taxexempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing.

In order for CMFA to sell the bonds on behalf of the City of Buellton to finance this project, the City of Buellton must become a member. The attached agreement establishes the City of Buellton as a member agency of CMFA.

Membership in CMFA results in no liability or obligation on the part of the City of Buellton. There are also no costs for membership that the City would incur.

FISCAL IMPACT
There is no fiscal impact anticipated. The City will have no obligation or liability associated with the membership in CMFA, nor will there be any financial obligation or liability as a result of subsequent financing.

RECOMMENDATION
That the City Council approve Resolution No. 23-18 – “A Resolution of the City Council of the City of Buellton, California, Approving, Authorizing and Directing Execution of A Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and Approving A Plan of Finance for the Issuance of Revenue Bonds by the Authority to Finance and Refinance A Qualified Residential Rental Project for the Benefit of Buellton Garden Apartments, L.P., and Certain Other Matters Relating Thereto”

ATTACHMENTS
Resolution No. 23-18
Attachment 1 - Joint Exercise of Powers Agreement

RESOLUTION NO. 23-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BUELLTON, CALIFORNIA, APPROVING, AUTHORIZING AND

DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS

AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY AND APPROVING A PLAN OF FINANCE

FOR THE ISSUANCE OF REVENUE BONDS BY THE

AUTHORITY TO FINANCE AND REFINANCE A QUALIFIED

RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF
BUELLTON GARDEN APARTMENTS, L.P., AND CERTAIN

OTHER MATTERS RELATING THERETO
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Buellton, California (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing by the Authority of projects of local public benefit; and WHEREAS, there is now before this City Council (the “City Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing the construction or rehabilitation of capital projects; and WHEREAS, Buellton Garden Apartments LLC, a California limited liability company (the “General Partner”), on behalf of Buellton Garden Apartments, L.P., a California limited partnership, or another ownership entity to be created by the General Partner (such limited partnership or other ownership entity being referred to herein as the “Borrower”) has requested that the Authority undertake a plan of finance for the issuance of revenue bonds in one or more series in the maximum aggregate principal amount of $35,000,000 (the “Bonds”), to finance or refinance (1) the costs of the acquisition, development, construction and equipping of an 89-unit qualified residential rental project for low-income tenants (the “Project”), to be located at 10 McMurray Road within the City of Buellton, California (the “City”) and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds; and

Resolution No. 23-18 Page 2 August 10, 2023
WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that an “applicable elected representative” of a governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the plan of finance for the Project, including the issuance of the Bonds, and approve such plan of finance following such hearing; and
WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and
WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the plan of finance for the Project and the Authority’s issuance of the Bonds; and
WHEREAS, it is in the public interest and for the public benefit that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, for the aforesaid purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS
FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The Agreement is hereby approved and the Mayor is hereby authorized and directed to execute said document, and the City Clerk is hereby authorized and directed to attest thereto.

SECTION 3. The City Council hereby approves the plan of finance for the Project, including the issuance of the Bonds by the Authority, to finance and refinance the Project. It is the purpose and intent of the City Council that this resolution constitute approval of the plan of finance for the Project, including the issuance of the Bonds, (a) by the “applicable elected representative” of a governmental unit having jurisdiction over the area in which the Project is to be located in accordance with Section 147(f) of the Code and (b) by the City Council in accordance with Section 4 of the Agreement.

SECTION 4. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

SECTION 5. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

SECTION 6. The Mayor, the City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.

SECTION 7. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
SECTION 8. This resolution shall take effect immediately upon its passage.

PASSED, APPROVED and ADOPTED this 10th day of August, 2023. ______________________________
Dave King
Mayor
ATTEST:
________________________________
Linda Reid
City Clerk

JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):

WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and

WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

Section 1. Purpose.

This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.

The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.

Section 2. Term.

This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.

Section 3. Authority.

A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its

debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.

B. BOARD.

The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.

All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.

Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.

The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.

C. OFFICERS; DUTIES; OFFICIAL BONDS.

The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.

Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be

specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.

The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.

The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.

D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.

All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).
(2) Regular Meetings.

The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.

Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.

(4) Minutes.

The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.

A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.

E. RULES AND REGULATIONS.

The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.

Section 4. Powers.

The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in

connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.

Section 5. Fiscal Year.

For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.

Section 6. Disposition of Assets.

At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.

Section 7. Bonds.

From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.

The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.

Section 8. Bonds Only Limited and Special Obligations of Authority.

The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the

principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.

Section 9. Accounts and Reports.

All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).

The books and records of the Authority shall be open to inspection at all reasonable times by each Member.

The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.

The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.

Section 10. Funds.

Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.

Section 11. Notices.

Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).

Section 12. Additional Members/Withdrawal of Members.

Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.

Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.

Section 13. Indemnification.

To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

Section 14. Contributions and Advances.

Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.

Section 15. Immunities.

All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.

Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.

Section 17. Effectiveness.

This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.

Section 18. Partial Invalidity.

If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.

This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.

Section 20. Miscellaneous.

This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the City of Buellton has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2023.

Member:

CITY OF BUELLTON
By
Name:

Title:

ATTEST:

By
Name:

Title: