Buellton City Council
October 26, 2023

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of October 26, 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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 October 12, 2023 Regular City Council Meeting

City Council Meeting Agenda Page 2 October 26, 2023

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024
3 Monthly Treasurer’s Report – September 30, 2023
 (Staff Contact: Finance Director Shannel Zamora)

4. Acceptance and Filing of Stormwater Management Program (SWMP) Annual Report FY 2022-2023
 (Staff Contact: Public Works Director Rose Hess)

5. Approval of a Joint Powers Agreement for the Central Management Area Relating to Sustainable Groundwater Management Act in the Santa Ynez River Valley Groundwater Basin
 (Staff Contact: Public Works Director Rose Hess)

6. Consideration of Affordable Housing Agreement and Density Bonus Agreement with People’s Self Help Housing for the Buellton Garden Apartments Project  (Staff Contact: Planning Director Andrea Keefer)

PRESENTATIONS

PUBLIC HEARINGS

COUNCIL MEMBER COMMENTS/ITEMS

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

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

BUSINESS ITEMS (POSSIBLE ACTION)

7. Consideration of Arts & Culture Project Applications: (Fall Fest & Buellton Community Garden)
 (Staff Contact: City Manager Scott Wolfe)

8. CalPERS Pension Funding Update and Discussion and Direction on Options for Reducing the City’s CalPERS Pension Unfunded Accrued Liability (UAL)  (Staff Contact: Finance Director Shannel Zamora)

9. Approval of Measure A Cooperative Agreement for the McMurray Road/Highway 246 Improvement Project
 (Staff Contact: Public Works Director Rose Hess)

City Council Meeting Agenda Page 3 October 26, 2023

10. Resolution No. 23-20 - “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Budget Amendments from Operational Changes Related to Fiscal Year 2023-24 Budget through the First Quarter Ending September 31, 2023”
 (Staff Contact: Finance Director Shannel Zamora)

11. Clarification of Staff Priorities of City Council Requests  (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT

ADJOURNMENT
The next meeting of the City Council will be held on Thursday, November 9, 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 October 12, 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 (Via Zoom), City Attorney Greg Murphy, Public Works Director Rose Hess, Finance Director Shannel Zamora (Via Zoom), Planning Director Andrea Keefer, and City Clerk Linda Reid

REORDERING OF AGENDA
None

PUBLIC COMMENTS
John Dorwin, Buellton, discussed the Rancho de Maria common area adjacent to the HUB project and stated the map recordation needs to identify the common area as belonging to Rancho de Maria and not the HUB project site.

CONSENT CALENDAR

1. Minutes of September 28, 2023 Regular City Council Meeting

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

3. Financial Report for the Fourth Quarter Ending June 30, 2023

City Council Meeting Minutes Page 2 October 12, 2023
MOTION:

Motion by Council Member Silva, seconded by Council Member Hornick, approving Consent Calendar Items 1-3 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

4. Ordinance No. 23-01 – “An Ordinance of the City Council of the City of Buellton, California, Re-Adopting Chapter 8.12 of the Buellton Municipal Code Pertaining to the 2022 California Fire Code as Adopted and Amended by the County of Santa Barbara” (Second Reading)
RECOMMENDATION:

That the City Council consider approval of Ordinance No. 23-01.

STAFF REPORT:

City Manager Wolfe presented the staff report.

SPEAKERS/DISCUSSION:

Mayor King opened the public hearing at 6:06 p.m. There being no public comment, Mayor King closed the Public Hearing at 6:07 p.m.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Lewis, seconded by Council Member Silva approving Ordinance No. 23-01 – “An Ordinance of the City Council of the City of Buellton, California, Re-Adopting Chapter 8.12 of the Buellton Municipal Code Pertaining to the 2022 California Fire Code as Adopted and Amended by the County of Santa Barbara” by title only and waive further reading.

City Council Meeting Minutes Page 3 October 12, 2023
VOTE:

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

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

COUNCIL MEMBER COMMENTS/ITEMS
Council Member Hornick questioned the HUB project map recordation and that the map identify the common area between the HUB project site and Rancho de Maria as belonging to Rancho de Maria and not the project site. City Attorney Murphy explained how the map recordation will rectify the common area issue between Rancho de Maria and the HUB developer and that the developer is aware of the common area fencing change and plans to comply with the property line as it exists.

Council Member Hornick questioned the status of the speed trailer being replaced on the Avenue of Flags. Public Works Director Hess stated that the speed trailer should be back on the Avenue of Flags during the week of October 16.

Council Member Hornick requested that staff agendize discussion of the Urban Growth Boundary.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Vice Mayor Sanchez announced that he attended an Arts and Culture Committee meeting and provided an oral report for the record.

Mayor King announced that he attended the Santa Barbara County Association of Governments (SBCAG) North County Sub-Regional Planning Committee meeting and provided an oral report for the record.

BUSINESS ITEMS

5. Discussion Regarding Splash Pads
City Attorney Murphy discussed Council Member Silva’s potential conflict of interest with regard to Item 5, due to the proximity of his residence to the proposed project location at Village Park and phasing the discussion to allow his participation until an actual conflict occurs.

City Council Meeting Minutes Page 4 October 12, 2023
RECOMMENDATION:

That the City Council discuss this item and provide direction to staff.

STAFF REPORT:

Public Works Director Hess presented the staff report.

SPEAKERS/DISCUSSION:

Written comments supporting Splash Pads in Buellton were received and made part of the record from the following individuals: Issa Lavoie, Erika Whitham Garcia, Pam Andrade, Maeve Willis, Kristen Roylance, Sarah Kiser, Lydia Lombard, Megan DeCicco, Jonathan Roylance, Susan Sorensen, Allison Firey, Nicole Leite, Jennelle Rodriguez, Kate Finlinson, Jill DePalma, Lillie Francis, Joanna McLean, Phil Hauck, Sara Matteson, Rachelle Anderson, Shawna Jones, Samantha Whicker, Esther Hundley, Emily Campbell, Luis Andrade, Thamara Fleming, Kelly Herrick, and Kaitlyn Humphrey.

The City Council discussed the following issues:
• Annual maintenance costs associated with Splash Pads
• Obtaining various designs and costs for Splash Pads
• Making the Splash Pads ADA accessible
• Available funding for the project
DIRECTION:

The City Council agreed by consensus to direct staff to obtain various designs and costs associated with installation and maintenance of Splash Pads and reagendize this item for discussion and possible action at a future meeting.

CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.

ADJOURNMENT
Mayor King adjourned the regular meeting at 6:39 p.m. The next regular meeting of the City Council will be held on Thursday, October 26, 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: October 26, 2023
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 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 09/30/2023 through 10/13/2023 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 09/30/2023 through 10/13/2023 was $367,447.31.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for 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 09/30/2023 through 10/13/2023.

ATTACHMENTS
Attachment 1 – Claims

EXHIBIT A - A/P Packets processed
A/P Packet# APPKT02166 55,008.94
A/P Packet# APPKT02163 173,630.68
Total A/P Packets: $228,639.62 (9 pages)
(1 page)
Utility Packet #UBPKT0XXXX 0.00 (1 page)
Total of checks issued: $228,639.62
EXHIBIT B - Payments via Electronic Fund Transfer (EFT) EFT Total: $73,130.96
Payroll processed
Staff Payroll 10/6/2023 65,676.73
Total Payroll: $65,676.73
Disbursement from Capital Lease Proceeds
TOTAL AMOUNT OF CLAIMS: $367,447.31

CONSOLIDATED CLAIMS DISBURSEMENT

BACK-UP/SUPPORT DATA IS AVAILABLE FOR COUNCIL REVIEW IN CITY HALL The following is a list of claims for the period of September 30, 2023 through October 13, 2023 for ratification by the City at the Council October 26, 2023 City Council Meeting.
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2023-2024

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: October 26, 2023

Subject: Monthly Treasurer’s Report – September 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 8, 2023, Council adopted the current Investment Policy per Resolution 23-13 which states the City Finance Director, as the investment officer, must submit monthly reports to City Council to demonstrate that sufficient cash flow liquidity is available to meet the succeeding month’s estimated expenditures.

This Treasurer’s Report is for September 30, 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 receive and file the Treasurer’s Report for the month ending September 30, 2023.

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

[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in September 30, 2023
October 26, 2023
This report presents the City’s cash activity and investment portfolio as of September 30, 2023. The report includes:
1) Cash and investments at September 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 September 30, 2023
The following schedule is a summary of the City’s cash and investments based on recorded value as of September 30, 2023 compared with the prior month.

August 31, 2023 September 30, 2023 $ Change
Cash - Pooled $ 6,679,417.53 $ 6,585,732.92 $ (93,684.61) Investments held by the City 17,025,974.54 17,048,344.30 $ 22,369.76 TOTAL CASH AND INVESTMENTS $ 23,705,392.07 $ 23,634,077.22 $ (71,314.85) 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 July 2023 sales tax revenue and August 2023 transient occupancy tax offset with the monthly Sheriff Service cost. 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 S e p t e m b e r 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: 9/30/2023
Mechanics Bank General Checking 7,475,375.66
Mechanics Bank Money Market 5,350,961.46
Mechanics Bank FSA 14,685.64
Local Agency Investment Fund 8,885,315.35
Multi-Securites Bank 2,812,067.49
Webster Bank - Escrow -
Total Cash per Statements: 24,538,405.60
Claim on Cash vs. Total Cash Per Statements: (904,328.38) Outstanding items per System Reconciliation: (904,328.38) Difference: -
13,309,867.63
3,523,501.49
(1,831,612.88)
7,945,642.36
(2,757,564.75)
158,409.29
36,993.91
611,164.69
370,467.40
18,281.61
867,479.14
968,750.72
364,877.53
-
-
47,819.08
-
23,634,077.22
6,571,047.28
5,350,961.46
14,685.64
2,812,067.49
8,885,315.35
Pooled Cash - Webster Bank Escrow - -
23,634,077.22
999-21000 Wages Payable - -
23,634,077.22
23,634,077.22
23,634,077.22
Bank Reconciliation - September 2023
City of Buellton, CA
For the Period Ending 9/30/2023
9/1/2023

BALANCE

CURRENT

ACTIVITY
9/30/2023
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,831,612.88) -
020-10000 Claim On Pooled Cash 7,749,295.40 196,346.96

CLAIM ON CASH
001-10000 Claim On Pooled Cash 13,626,635.51 (316,767.88) 005-10000 Claim On Pooled Cash 3,517,367.50 6,133.99
024-10000 Claim On Pooled Cash 36,969.41 24.50
025-10000 Claim On Pooled Cash 607,984.72 3,179.97
021-10000 Claim on Pooled Cash (2,757,564.75) -
023-10000 Claim On Pooled Cash 158,304.40 104.89
031-10000 Claim On Pooled Cash 824,177.47 43,301.67
032-10001 Claim On Pooled Cash 968,063.60 687.12
027-10000 Claim On Pooled Cash 369,945.67 521.73
029-10000 Claim On Pooled Cash 30,347.01 (12,065.40)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 59,093.08 (11,274.00)
075-10000 Claim On Pooled Cash 346,385.93 18,491.60
090-10000 Claim On Pooled Cash - -
999-10002 Pooled Cash - Money Market 5,335,277.21 15,684.25 999-10003 Pooled Cash - FSA 13,671.26 1,014.38
TOTAL CLAIM ON CASH 23,705,392.07 (71,314.85)

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 6,665,746.27 (94,698.99) 999-10006 -
TOTAL: Cash in Bank 23,705,392.07 (71,374.85)
-
999-10004 Pooled Cash - Brokerage 2,805,381.98 6,685.51 999-10005 Pooled Cash - LAIF 8,885,315.35 -
TOTAL DUE TO OTHER FUNDS 23,705,392.07 (71,314.85)
TOTAL: Cash in Bank 23,705,392.07 (71,374.85)

DUE TO OTHER FUNDS
999-27000 Due To Other Funds 23,705,392.07 (71,314.85)

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 S e p t e m b e r 3 0 , 2 0 2 3
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City of Buellton
Investment Summary
September 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 52.47% 3.15% n/a n/a $ 8,885,315.35 $ 8,885,315.35 First Technology Bank Fed Cr Union 0.61% 3.60% 5 yrs. 12/26/2023 103,000.00 102,543.71 First Technology Bank Fed Cr Union 0.59% 3.35% 5 yrs. 2/6/2024 100,000.00 99,268.00 Comenity Cap Bank 0.94% 2.80% 5 yrs. 4/15/2024 160,000.00 157,704.00 Morgan Stanley Bank 0.59% 2.75% 5 yrs. 5/2/2024 100,000.00 98,405.00 Capital One Bank 0.59% 2.00% 5 yrs. 8/21/2024 100,000.00 96,821.00 Morgan Stanley Bank 0.59% 1.90% 5 yrs. 1/23/2025 100,000.00 95,268.00 State Bk India 1.18% 1.60% 5 yrs. 4/29/2025 200,000.00 187,948.00 Sallie Mae Bank 0.71% 0.80% 5 yrs. 7/1/2025 120,000.00 110,446.80 Third Fed Savings 1.45% 3.50% 5 yrs. 6/28/2027 245,000.00 230,275.50 Morgan Stanley Bank 0.61% 3.75% 5 yrs. 6/28/2027 104,000.00 98,626.32 Capital One National Association 1.43% 4.30% 5 yrs. 9/30/2027 242,514.04 235,728.40 Global Federal Credit Union 1.47% 4.60% 5 yrs 4/17/2028 249,000.00 242,189.85 United States Treasury Bill 6.05% 5.20% 6 mo. 12/21/2023 1,024,000.00 1,011,916.80 Multi-Securities Bank - Cash in Holding 44,926.11
Money Market (Held with Mechanics Bank) 30.71% 3.66% n/a 5,200,000.00 5,350,961.46 Total City Investments 100.00% $ 16,932,829.39 $ 17,048,344.30 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 S e p t e m b e r 3 0 , 2 0 2 3
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The following is a fund balance schedule showing beginning fund balance at July 1, 2023 plus revenues minus expenditures for the period, resulting in ending fund balance at September 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 September 30,
2023 Balance
1,362,367.99 2,473,048.47 12,786,516.14
337,780.94 335,026.11 2,937,785.72
006 - Wastewater Capital - 45,121.23 305,959.50
020 - Water Fund 790,000.45 521,543.61 8,359,826.13
021 - Water Capital - 3,301.69 302,831.43
1,083.67 - 494,936.49
199.88 - 36,712.96
54,685.83 14,408.11 621,298.84
027 - Local Transportation Fund 3,290.66 4,999.98 368,377.04 029 - Transportation Planning 107.96 15,187.50 (118,090.80) 031 - Measure A 4,628.93 6,546.42 861,340.86
032 - American Relief Act Fund 5,416.25 68,984.46 (56,373.81) 075 - Trust & Agency Fund 1,946.65 - 13,780.40
090 - Long-Term Debt - - (4,107,720.67)
091 - General Fixed Assets - - 26,470,786.40
180,040.51
3,668,208.09 49,277,966.63
26,470,786.40
092 - Capital Improvement Proj Fund - 180,040.51 -
50,204,625.00 2,741,549.72
370,086.36
(103,011.26)
863,258.35
7,194.40
11,833.75
(4,107,720.67)
306,133.12
023 - Housing Fees 493,852.82
024 - Traffic Mitigation Fund 36,513.08
025 - Gas Tax Fund 581,021.12
001 - General Fund 13,897,196.62
005 - Sewer Fund 2,935,030.89
351,080.73
8,091,369.29
Fund Balance Report
City of Buellton, CA 9/30/2023
Fund July 1, 2023
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: Rose Hess, Public Works Director
Meeting Date: October 26, 2023
Subject: Acceptance and Filing of Stormwater Management Program (SWMP) Annual Report FY 2022-2023
______________________________________________________________________________

BACKGROUND
The Federal Clean Water Act requires the City of Solvang (City) to operate under a National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit for the discharge of stormwater to surface waters from the City’s storm drain system. On February 5, 2013, the NPDES Phase II Small Municipal Separate Storm Sewer Systems (MS4) General Permit (Order No. 2013-001-DWQ) was adopted by the State Water Resources Control Board (SWRCB). The 5-year Phase II Small MS4 General Permit (Stormwater Permit) became effective July 1, 2013 and remains in effect until the next Stormwater Permit becomes effective. The SWRCB is expected to issue a new Stormwater Permit sometime within the next couple of years.

Currently, the Stormwater Permit is organized into the following 10 program elements that are designed to help eliminate and/or reduce the discharge of pollutants to the City’s storm drain system: (1) Program Management: (2) Education and Outreach; (3) Public Involvement and Participation; (4) Illicit Discharge Detection & Elimination; (5) Construction Site Storm Water Runoff Control; (6) Pollution Prevention & Good Housekeeping; (7) Post Construction Stormwater Management; (8) Water Quality Monitoring; (9) Program Effectiveness Assessment and Improvement; (10) Total Maximum Daily Loads Compliance Requirements.

As part of the City’s Stormwater Management Program and as required by the SWRCB, the City submitted a Phase II Small MS4 Annual Report and a Central Coast PostConstruction Storm Water Management Requirements (PCR) Annual Report via the SWRCB’s Storm Water Multiple Application and Report Tracking System (SMARTS) database. This constitutes the City’s Stormwater Management Program Annual Report.

Attachment 1 is a copy of the Annual Report (including the supporting documentation) submitted to the SWRCB that demonstrates the activities throughout the year that help the City achieve permit compliance.

SWMP Annual Report Page 2 October 26, 2023
The City will discuss the current Memorandum of Understanding (MOU) with the City of Solvang as “Co-Permittees” for FY 2023/2024 to comply with the Stormwater Permit as well as other local agencies to accomplish the overall water quality goals for our region.

Attachment 1 is a copy of the Annual Report that was submitted to the SWRCB to demonstrate the City’s efforts to achieve permit compliance during the previous reporting year. A copy of the Annual Report is provided on the City’s Public Works Department Stormwater Management Webpage under the Annual Reports Section.

FISCAL IMPACT
Receive and acceptance of the Annual Report will have no fiscal impact.

RECOMMENDATION
Staff recommends that Council receive and accept the Annual Report.

ATTACHMENTS
Attachment 1 - 2022-2023 Stormwater Management Annual Report

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TABLE OF CO

1.0 INTRODU

2.0 PROGRAM

3.0 PROGRAM

3.1 Nutri

3.1.1 3.1.2

3.1.3 3.1.4

3.1.5 3.2 Total

3.2.1 3.2.2

3.2.3 3.2.4

3.2.5 3.2.6

4.0 PROGRAM

5.0 REFEREN
TABLES
Table 1. PEIA
Program Elem
Table 2. PEIE
Methods, and
tiveness Asses

ONTENTS
UCTION ..........

M ASSESSME

M EFFECTIVE
ents ................

Education an
Public Involv
Illicit Discha
Pollution Pr
Water Quali
Suspended S
Education an
Illicit Discha
Construction
Post-Constru
Pollution Pr
Water Quali

M EFFECTIVE
NCES ................

AP Table 5, N
ment ...............

EP Table 6, Se
d Data Collec
ssment and Im
..........................

NT METHOD

ENESS ASSES
..........................
nd Outreach
vement and
arge Detectio
evention and
ty Monitorin
Solids ..............
nd Outreach
arge Detectio
n Site Stormw
uction Site St
evention and
ty Monitorin

ENESS SUMM
..........................

Nutrients Que
..........................
edimentation
ction Method
mprovement Pl
..........................

DS ......................

SSEMENT FIN
..........................
(CASQA Out
Participation
on and Elimin
d Good Hous
ng (CASQA Ou
..........................
(CASQA Out
on and Elimin
water Runoff
tormwater R
d Good Hous
ng (CASQA Ou
MARY ................
..........................
estions, Data
..........................
n/Siltation (T
ds, by Program
lan Annual Sum
2 ..........................
..........................

NDINGS ..........
..........................
tcome Levels
n (CASQA Ou
nation (CASQ
ekeeping (CA
utcome Leve
..........................
tcome Levels
nation (CASQ
f Control (CA
Runoff Contro
ekeeping (CA
utcome Leve
..........................
..........................
a Assessment
..........................
(Total Suspen
m Element....
mmary 2022-
..........................
..........................
..........................
..........................
s 2 & 3) ..........
utcome Level
QA Outcome
ASQA Outcom
el 5) .................
..........................
s 2 & 3) ..........

QA Outcome
ASQA Outcom
ol (CASQA Ou
ASQA Outcom
el 5) .................
..........................
..........................
t Methods, an
..........................
nded Solids) Q
..........................
2023
..........................
..........................
..........................
..........................
..........................
ls 2 & 3).........

Level 4) ........
me Levels 2-
..........................
..........................
..........................

Level 4) ........
me Levels 2 &
utcome Leve
me Levels 2 &
..........................
..........................
..........................
nd Data Colle
..........................

Questions, D
..........................

City o
..........................
..........................
..........................
..........................
..........................
..........................
..........................
4) ....................
..........................
..........................
..........................
..........................
& 3) .................
els 2 & 3) .......
& 3) ................
..........................
..........................
..........................
ection Metho
..........................

Data Assessm
..........................
of Buellton
................ 4
................ 6
.............. 14
.............. 14
.............. 14
.............. 16
.............. 17
.............. 18
.............. 19
.............. 20
.............. 20
.............. 20
.............. 21
.............. 21
.............. 21
.............. 21
.............. 22
.............. 22
ods, by
................ 7
ment
.............. 13

P
A
A
B
C
C
C
C
E
F
I
I
L
M
M
N
P
P
P
S
S
S
S
S
T
W
W
W
W
Program Effect

ACRONYMS/A
Acronyms/Ab
BMP
CASQA
Central Coast W
CTPL
CBSM
E&SCP
FOG
DDE
WD
LPRM
MEP
MS4
NPDES
PCR
PEAIP
POC
SOP
SWCP
SWMP
SWPPP
SYVBG
TMDL
WDR
WPCP
WQO
WWTP
tiveness Asses

ABBREVIATI
bbreviations
Water Board
ssment and Im
IONS
Def
Bes
Cali
Cen
Clo
Com
Ero
Fat
Illic
Ind
Lan
Max
Mu
Nat
Pos
Pro
Pol
Stan
Sto
Sto
Sto
San
Tot
Wa
Wa
Wa
Wa
mprovement Pl
finition
st managemen
ifornia Stormw
ntral Coast Reg
se the Poop L
mmunity-base
osion and Sedi
s, oils, and gre
cit discharge d
dustrial waste
nd use-based p
ximum extent
nicipal separa
tional Pollutan
st-constructio
ogram Effectiv
lutant of conc
ndard operati
rm Water Con
rm Water Man
rm Water Pol
nta Ynez Valley
tal Maximum D
aste Discharge
ater Pollution C
ater Quality Or
astewater trea
lan Annual Sum
3 nt practice
water Quality
gional Water Q
oop
ed social mark
iment Control
ease
detection and
discharge
prioritization
t practical
ate storm sew
nt Discharge E
n requiremen
veness Assessm
cern
ing procedure
ntrol Plan
nagement Pla
lution Preven
y Botanic Gard
Daily Load
Requirement
Control Plan
rder
tment plant
mmary 2022-
y Association
Quality Contro
keting
l Plan
elimination
and reduction
wer system
Elimination Sy
nt
ment and Imp
e
n
ntion Plan
den
t
2023
ol Board
n model
ystem
provement Pla
City o
n
f Buellton

P
1 T
e
t
D
S
0 P
o
P
a
s
s
P
A
a
T
O
O
q
c
m
T
P
A
a
a
o
A
s
c
w
(
w
P
S
w
n
Program Effect

1.0 INTRO
This Program
effectiveness
he City of Bu
Document (ap
Sewer System
0069-EXEC, 2
Permit require
of Buellton 20
Program. The
ability to reduc
sedimentation
standard and
Per the Small
Association’s
and Improvem
The City’s Sto
Outcome Leve
Outcome Leve
questions for
collected was
medium-priori
 Total
Board
 2010
 Centr
 Centr
 SWM
 Propo
2016)
 Profe
pollut
The prioritized
POC reductio
Audiences (se
and analyzed
assess progra
of the City’s S
As stated in th
sources (e.g.,
control the be
within the drai
e.g., wind-blo
whether targe
Program; and
Stormwater P
whether the P
necessary mo
tiveness Asses

ODUCTION
Effectivenes
of best mana
ellton (City) to
pproved in 20
m (MS4) Perm
2017-XXXX-D
es the City to
016), which de
e PEAIP defin
ce the identifi
n/siltation (tota
protecting wa
MS4 Permit,
(CASQA’s) e
ment Plan (PE
ormwater Prog
el 3, Target A
el 5, Urban R
high- and me
then used to
ity POC and p
Maximum Da
d (Central Coa
303(d) List of
ral Coast Wat
ral Coast Amb
P Guidance D
osed Urban S
); and
ssional judgm
ants.
d BMPs reflec
n. The priorit
ee Figure 1),
for each BMP
am effectivene
Stormwater Pr
he PEAIP, sto
construction
haviors of tar
inage system
own materials
et audiences h
are changing
rogram’s imp
Program is ach
odifications to
ssment and Im

s Assessmen
agement pract
o meet the re
14 and modif
mit, Water Qu
DWQ, 2018-0
implement its
escribes how
es the approa
ied high- and
al suspended
ater quality.
the PEAIP w
effectiveness a
EAIP) Framew
gram BMPs p
Audience Actio
Runoff and MS
edium-priority
improve the
prioritized BM
aily Loads (TM
ast Water Boa
f Impaired Wa
ter Board’s co
bient Monitori
Document’s L
Storm Water M
ment and know
ct Stormwater
tized BMPs, l
are being imp
P at the close
ess and ident
rogram for Ye
ormwater prog
, industrial, co
rget audience
m, and the pote
s, groundwate
have been rea
g behavior, is
pact, rather th
hieving the in
the Program
mprovement Pl
nt and Improv
tices (BMPs)
quirements o
fied in reportin
ality Order 20
0001-EXEC, a
s Program Eff
the City will t
ach the City w
medium-prio
d solids)—ther
was developed
assessment g
work (2015). I
primarily fall in
ons, and to so
S4 Contributio
POCs and co
Stormwater P
MP for POC w
MDLs) propos
ard);
aterbodies;
onsultation ha
ng Program’s
List of POCs;
Monitoring Pla
wledge of loca
r Program act
isted in Figur
plemented as
e of Permit Ye
tify opportunit
ear 10 and its
grams are inh
ommercial, re
es, extensive g
ential impacts
er seepage, a
ached; are un
very difficult
an the strict im
ntended outco
m to make it m
lan Annual Sum
4 vement Plan (
implemented
of its Storm W
ng Year 5, 20
013-0001-DW
and 2018-000
fectiveness A
track short- an
will use to ada
rity pollutants
reby achievin
d using the m
guidance, wh
t discusses s
nto Outcome
ome extent, O
ons. The City
onducted a so
Program. Targ
were determine
sed by the Ce
andout Solvan
s Ambient Wa

an 2015-2018
al and region
tivities to cha
e 8 of the PE
part of Storm
ear 10 (July 1
ties for improv
effectiveness
herently comp
esidential, new
geographic co
s to water qua
erial depositio
nderstanding
to measure.
mplementatio
omes and rea
more effective.
mmary 2022-
PEAIP) Annu
d in the 2022-
Water Manage
019) and the S
WQ, amended
07-EXEC (Sm
Assessment a
nd long-term
aptively mana
s of concern (
ng the maximu
most recent Ca
ich is the Pro
six Outcome L
Level 2, Barr
Outcome Leve
documented
ource assess
get audiences
ed based on:
entral Coast R
ng–Buellton U
ater Quality D
8 (County of S
al water qual
nge behavior
EAIP, Prioritize
mwater Progra
, 2022 throug
vement. This
s pursuant to
plex due to th
w developme
overage of th
ality from non
on, etc.). Add
and retaining
Therefore, th
on of the Prog
ching the targ
.
2023
ual Summary
-2023 reportin
ment Plan (S
Small Municip
d by Order 20
mall MS4 Perm
and Improvem
effectiveness
age the Progr
(POCs)—nutr
um extent pra
alifornia Storm
ogram Effectiv
Levels that ca
riers and Brid
el 4, Source C
within the PE
ment for each
s for each so

Regional Wate
Urban Water Q
Data;
Santa Barbara
ity issues and
rs of target au
ed BMPs Iden
am. Applicab
gh June 30, 2
report summ
the PEAIP (C
e variety of p
nt, etc.), limit
he programs,
n-municipal st
ditionally, the
g information
he PEAIP is fo
gram to allow
get audiences
City o
evaluates the
ng year (Year
SWMP) Guida
pal Separate
15-0133-EXE
mit). The Sma
ment Plan (PE
s of the Storm
ram to improv
rients and
acticable (ME
mwater Qualit
veness Asses
ategorize BMP
dges to Action
Contributions
EAIP manage
h POC. The
urce of higher Quality Co
Quality Profile
a et al 2015, r
d common ur
udiences and
ntified for Tar
ble data was c
023) in order
marizes implem
City of Buellto
possible pollut
ed ability to d
comingling of
tormwater sou
ability to dete
provided by t
ocused on the
the City to ga
s and identify
of Buellton
e
r 10) by
ance
Storm
EC, 2016-
all SM4
EAIP, City
mwater
ve its
EP)
ty
ssment
P actions.
n, and
s, and
ement
data
and
ntrol
e (2014);
revised
ban
result in
rget
collected
r to
mentation
on 2016).
tant
directly
f flows
urces
ermine
he
e
auge
y

Program Effectiveness Assessment an
Rece
C
What ar
Med
POCs t
Focus
N
Sed
(Tota
nd Improveme
Level 6
eiving Water
onditions
re the High- and
dium-Priority
hat Will be the
of the PEAIP?
Nutrients
imentation/Siltation
al Suspended
Solids)
ent Plan Annua
Leve
Urban Ru
MS4 Cont
Is Urban Runof
Source of th
Priority
 Urban Runo
Stormwate
 Fertilizer Ap
 Manure fro
livestock ananimals
 Natural Sou
 Atmospher Urban Runo
Stormwate
 Stabilized, U
Land
 Instream/So
Sour
al Summary 20
el 5
unoff and
tributions
ff a Significant
he Highest
y POCs?
off/
r Runoff
pplication
om horses/
nd domestic urces
ric Deposition
off/
r Runoff
Undeveloped
oil Erosion
rces and Impacts
022-2023
Sourc
W
Primar
of
Landscape Fertili OverImproper  Green Horse Pet W Trash  Washw Const Activit
 Road
Activit
 Increa
and veimper
Level 4
e Contributions
What are the
ry Urban Sources
f the POCs?
e:
zer Applications
Irrigation
Management:
n Waste
/Livestock Manure
Waste
Receptacles
water
ruction Site
ties
Maintenance
ties
ased runoff duratio
elocity due to
rvious areas
Figure 1. PE
Audi
CAS
 Bu H H H
O
 La U
(H
 Co
O
 La
 Pr M
e
on
EIAP Prioritiz
5 Level 3
Target Audience
Actions
What are the Targ
iences for these So
SQA Outcome L
usiness Owners
ome OwnersOA’sorse/Livestock/Pet
wners
andscape Contract
rban Outdoorsman
Homeless Person)
onstruction Site Ow
perators, Contract
andscape Contract
roperty Managers
Municipal Staff
zed BMPs Ide
W
T
e
get
ources?
evel
t
ors
nwners,
ors
ors
Target Audiences
entified for T
Level 2
Barriers & Brid
To Action
What Factors are in
Target Audience Be
 Attitude Cost and Effo Habit Lack of Know Poverty Values Attitude/Valu Cost and Effo Habit Lack of Know Values Target Audien
GCM
dges
nfluencing
ehaviors?
GH
ort
ledge
ues
ort
ledge
nces
General Maintain City
manual/guide
Construction Conduct InspeMunicipal Staff Attend trainin Coordinate Bi- Implement Sto Maintenance
General Implement Ed Maintain City
to Santa Barba
Water Wise
 Distribute targ
sponsored eve
 Publish Topic R
Chamber of Co
 Target AudienHorse/Livestock/P Implementatio Target Audien website with targe
es and weblink to
ections and Enforc
ng for erosion/sedi
i-Monthly Street Sw
torm Drain Assessm
Activities SOP
Leve
Identification o
Program A
What BMPs Shou
ducation and Outre
website with targe
ara Project Clean W
get audience brochents and inspectio
Related Newspape
Commerce Stormw
nce Mailers (To be
Pet Owners
on of pilot program
nce Mailers (To be
Impleme
et audience broch
Santa Barbara Proj
cement Activities (a
iment control BMPweeping Activities
ment, Prioritization
el 1
of Stormwater
Activities
uld be Prioritized?
each Program Stra
et audience broch
Water, Our Water
hures during city a
ns
er Articles, Water
water Tip of the Mo
Determined)
m on Pet Waste Ca
Determined)
entation
ures/handbooks/
ject Clean Water
as needed)
Ps
n and
tegyures and weblink
Our World, and
attended/
Bill Inserts and
onth
ampaign (Dogs)
City of Buellton

P
2 A
a
a
p
fo
a
O
a
n
a
p
T
a
O
g
s
q
a
p
d
f
m
p
t
r
im
B
T
a
m
c
in
in
Program Effect

2.0 PROGR
As stated abo
and Outcome
audiences ass
patterns of the
focuses on ide
awareness of
Outcomes are
audiences are
not limited to,
achieved by th
positive behav
The City also
associated So
Outcomes pro
gauge of storm
source contrib
quality data, a
and the condit
people, and th
discharges wo
from other lan
monitoring pro
program is to
he County” a
reduction mod
mpact of BMP
BMPs by focu
This PEAIP is
assessment w
methods outlin
consisted prim
ncluded intern
nvestigations
tiveness Asses

RAM ASSE
ove, the City B
Level 3, Targ
sociated with
ese target aud
entifying the f
the need to r
e often used t
e the individua
municipal em
he people res
vioral change
focuses BMP
ource Contrib
ovide a direct
mwater progr
butions pursu
a significant a
tions within th
he City’s urba
ould comprise
nd uses (i.e., n
ogram with pa
“characterize
nd subseque
del (LPRM). O
Ps on subwat
using on areas
s organized by
was conducte
ned within Ta
marily of a qua
nal tracking b
/inspections.
ssment and Im

SSMENT M
BMPs are larg
get Audience
the primary s
diences, with
factors that in
reduce polluta
to gauge prog
als and popul
mployees, con
sponsible for p
es in the targe
Ps to achieve
utions (i.e., C
measure of t
am effectiven
ant to Outcom
mount of data
he receiving w
anized footprin
e an equally s
natural areas
artner MS4s,
e pollutant con
ntly refine the
Over time, the
tersheds; com
s of potentiall
y high-and me
d according t
able 5 and 6 o
alitative asses
by the City, re
mprovement Pl

METHODS
gely intended
Actions. Per
sources of hig
the goal of a
nfluence targe
ant-generating
gress in, or to
lations that a
ntractors, and
pollutant load
et audiences.

Urban Runof
CASQA Outco
the City’s con
ness over time
me Level 4. H
a is needed to
waters. Addit
nt comprises
small proporti
, agriculture,
including the
ncentrations a
e pollutant loa
e calibrated an
mpare pollutan
ly higher pollu
edium-priority
o the manage
of the PEAIP (
ssment and/o
view of extern
lan Annual Sum
6 to achieve O
the PEAIP, O
gh- and mediu
ssessing beh
et audience be
g activities an
refine approa
stormwater p
d the general p
dings, a succe
ff and MS4 Co
ome Level 4) f
tributions to d
e. It can also
However, due
o establish lin
tionally, the C
a very small
on of runoff c
etc.). The Cit
County of Sa
and loads from
ading informat
nd refined LP
nt loading bet
utant load.
y POCs—nutr
ement questio
(see Tables 1
or uses of des
nal data sour
mmary 2022-
Outcome Leve
Outcome Leve
um priority PO
havior change
ehaviors and
nd implement
aches for, ach
program is dir
public. Since
essful program
ontributions (
for high- and
downstream r
be used to in
to the tempo
nkages betwe
City population
proportion of
compared to c
ty participates
anta Barbara.
m representa
tion within the
PRM will be us
tween subwa
rients and sed
ons, data coll
1 and 2). The
scriptive statis
rces, interview
2023
el 2, Barriers a
el 3 focuses o
OCs, as well a
e over time. O
using these f
t prioritized BM
hieving Level
rected to and
source reduc
m will be one
(i.e., CASQA
medium-prio
receiving wate
nform a better
oral and spatia
een pollutants
n is small, app
the watershe
contributions
s in a regiona
. The goal of
ative MS4 disc
e land use-ba
sed by the Ci
tersheds; and
dimentation/s
ection, and d
e data assess
stics. Data co
ws/surveys, a
City o
and Bridges t
on identifying
as the behav
Outcome Leve
factors to brin
MPs. Level 2
3 Outcomes
may include,
ctions can on
that is able to
Outcome Lev
rity POCs. Le
ers; thus, it is
r understandin
al variability o
s in MS4 disch
proximately 5
ed; therefore,
to the receivi
al 303(d) wate
the monitorin
charge locatio
ased prioritiza
ty to assess t
d better tailor
siltation—and
ata assessme
sment for eac
ollection meth
nd site
of Buellton
to Action,
target
ioral
el 2
ng
. Target
but are
ly be
o induce
vel 5) and
evel 5
s a good
ng of
of water
harges
5,000
MS4
ng waters
er quality
ng
ons within
ation and
the
future
the
ent
h POC
ods

Program
Managem
EducationHas the Ceducationmaterialsinformatiproper usdisposal oAre educaoutreach available designateCity sponor on the Does the targeted waste/liveducation Effectiveness Asse
Table 1. P
ment Questions
n and Outreach [O
City developed
n and outreach
s with
on regarding
se and
of fertilizers?
ation and
materials
at City
ed facilities,
sored events
City website?
City have a
pet
vestock
nal program?
essment and Impr
PEIAP Table 5, N
2022-2023
Response
Outcome Level 2-3
Yes
DeNuoutconregdis
Yes
NuoutpaestedmaCitCitStoor
Yes
Nuaurespetetc
rovement Plan Ann
Nutrients Questio
Data Assessmen
Methods
3]
escriptive Statistics
umber of education
treach materials
ntaining informatio
garding proper use
sposal of fertilizers
umber of education
treach events rticipated in and
timated of numbe
ucation and outre
aterials distributed
ty designated facilty’s sponsored eve
ormwater Display
through City webs
umber of target
dience mailers to
sidents with regist
ts, livestock owne
c.
nual Summary 202
ons, Data Asses
nt

sn and
on
e and
s.
1 relevanthe SWMGuide to Hazardouare adverand linksdisposal seasonal n and
r of
ach
d at
ities,
ents
Booth
site
The City dbrochureduring thbrochureduring th
ered
rs,
The City dbag dispethe SantaSociety/a
22-2023
7 ssment Methods,
Analytics
nt brochure is pres
P website (Landsc
BMPs), Household
us Waste Disposal
rtised on City socia
s to Marborg waste
resources are incl
articles.
distributed 27 flye
s at 3 outreach ev
e reporting year.
s were taken from
e reporting year.
distributed 57 dog
ensers to dog own
a Ynez Humane
and outreach even
, and Data Colle
Data
sent on
caper's
d
l Days
al media,
e
luded in
InternStormCity S(Englis
ers and
vents
219
m City
BrochCity dCity spthroug
g poop
ners via
nts.

NumbCity’s Storm
ection Methods,
a Collection Metho
nal Tracking by
mwater Program
SWMP File Views/H
sh and/or Spanis
hure Distribution a
esignated facilitie
ponsored events o
gh City website
ber of Visitors to th
sponsored events
mwater Display Boo
by Program Ele
ods

Hits
h)
The City's SManageme156 page vreporting y
at
es,
or
Copies of bmedia postretained fo
he
s
oth
Over 168 pStormwateduring the outreach e
City of Buel
ement
Analytics

Stormwater
ent webpage had
views during the
ear.
brochures, social
ts, and articles are
or City records.
people visited the
er Display Booth
reporting year's
events.
lton
e

Program
T
ManagemEducationAre educaoutreach provided Oil and Gand/or InWastewa(IWD) InsPublic InvHas the CopportunparticipatsponsoreStormwatBooth? Has the Copportunparticipatthrough tStormwator Survey Effectiveness Asse
Table 1. PEIAP T
ment Questions
n and Outreach [O
ation and
materials
during Fats,
rease (FOG)
ndustrial
ter Discharge
pections?
volvement and Pa
City developed
ities for citizen
tion at City’s
ed events
ter Display
City developed
ities for citizen
tion on-line
the City’s
ter Webpage
y Monkey?
essment and Impr
Table 5, Nutrient
2022-2023 Response
Outcome Level 2-3
Yes
Nuoutproan
rticipation [Outcom
Yes
Qu
CoStoPrePaCitSto
Yes
DeNuStoCospoSto
rovement Plan Ann
ts Questions, Da
Data Assessmen
Methods
3]
umber of education
treach materials
ovided during FOG
d/or IWD Inspectio
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The program’s
and ecology o
how they can
community-ba
cleanup and d
stormwater; (2
solutions; (3)
utility bill inser
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stormwater po
discharges fro

3.1.1.1 Print
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your Garden (
copies taken])
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o educate sta
current inform
sheets, and “E
stormwater po
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aphids, cockro
yellowjackets,
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disposal facilit
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encourage the
engage the C
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RAM EFFE
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cation and
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s goal is to in
of local water
become invo
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disposal of pe
2) conducting
providing info
rts, City webs
reness of rele
t participation
ity office as w
ollution preve
om organized
t Media
d flyers were
ndmill Nursery
e SYVBG incl
(15 copies tak
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a variety of sto
nal information
These brochu
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glish and Span
Water, Our W
made availa
he campaign
aff and custom
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ollution. The r
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oaches, fleas
, as well as fa
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ties in Santa
e City will con
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CTIVENES
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olved in restor
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et waste to red
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site and socia
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ormwater pos
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acts sheets ab
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SS ASSESS
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ener’s Guide
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to select and
egrated Pest M
elf tags denot
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eets about eco
, rats and mic
bout less toxic
isplays at the
nty. No fact s
ement the OW
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ducts Shelf-T
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during the sit
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14 EMENT FI
Outcome L
en designed to
of the impacts
public can tak
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ount of nutrien
sess knowledg
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s, and comm
nd BMPs; (4)
ent/pesticide a
ing reporting
to school chi
ning, and pres
blic in displays
and the City
to Clean Wat
n Your Street
Stormwater Po
splayed in the
brochure disp
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strategy to en
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c products for
se locations a
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WOW Campa
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egy involves:

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nts, bacteria,
ge of applicab
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munity involvem
utilizing publ
and fertilizer a
illicit discharg
ldren; and (9
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t (in English [
ollution pocke
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plays at City H
an Water, Ho
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ply promote th
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ucts in each st
ased use of l
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st control for:
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3)
ge audience w
ter pollution o
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, posters in he
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ic input in dev
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13 copies tak
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ow to be Wate
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he Our Water
res to carry le
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through trainin
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well as a healt
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ists of househ
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k with OWOW
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w products or
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within the com
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stormwater, a
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er issues and
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to target aud
veloping outre
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ncouraging re
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w to be Water
ken] and Span
copies taken).
ut the year. Th
City Planning
er Wise in you
cean Begins o
pocket guide.
r, Our World
ess-toxic prod
he program p
ng of store sta
sent a reduce
ducts around
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hold hazardo
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of purchase; a
to replace
s will be visite
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quality
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nish [11
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3.1.1.4 Outr
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3.1.1.5 Storm
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website and p
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3.1.1.6 Child
During Year 1
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to the fact sh
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mwater Man
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consistent pu
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pections, surv
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en out during t
each During
inued to provi
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Guide for Kitch
Guide to BMPs
mwater Hot
22-2023 repo
printed materi
motes its Storm
though the ho
only one stor
dren’s Educa
0, the City co
s that Teach”.
ed at the scho
presentation.
0 1
2 3
4 5
6 Year 2
ssment and Im
aluate the loc
Code Poster
heets for pest
oughout Califo
nagement W
materials tai
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ide in-person
ated to nutrien
hen BMPs, R
s, and Mobile
tline
orting year, th
als including
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rmwater comm
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r on the displa
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ections.

WD Inspecti
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lies were hos
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performance
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r Water Our W
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ws throughout
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ps distributed
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o conduct live
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ear 7 Year 8
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2023
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scharge
water
its
de. The
edia
c, the
ence,
assembly
e
nd

P
r
S
s
3 D
e
a
o
Program Effect
received posit
Section 3.1.2)
stormwater fro

3.1.2 Publi
During the 20
events, which
answer questi
outcome and
 On Ju
Buellt
mater
Comm
take a
Educa
availa
 On Au
of Sol
engag
releva
broch
 The C
encou
promo
 On M
Valley
educa
as the
tiveness Asses
tive feedback
), several chil
om the City.
ic Involvem
22-2023 repo
is a highly ef
ions, and ass
additional ide
uly 30, 2022,
ton BBQ Bona
rials and prov
munity memb
a quiz to asse
ational brochu
able for the pu
Figure 2
ugust 24, 202
lvang and Bu
ged staff at th
ant stormwate
hures, the stor
California Coa
uraged comm
oted Coastal
ay 21, 2023,
y Open Street
ational display
e Buellton BB
ssment and Im
k from teacher
dren recalled
ment and
orting year, th
ffective way to
sess public kn
eas to attract
Buellton Stor
anza. Approx
vided promotio
ers who visite
ess their know
ures, dog was
ublic to take.

2. Member of
22, Solvang S
ellton, staffed
he booth. The
er BMPs with
rmwater quiz,
astal Commiss
munity involvem
Cleanup Day
Stormwater M
ts. Approxima
ys, brochures
BQ. Communit
mprovement Pl
rs and princip
the assembly
Participat
e City’s Storm
o have direct
nowledge abo
more of the p
mwater Mana
ximately 1,000
onal giveaway
ed the booth w
wledge of stor
ste bag dispe
f the Public T
Stormwater M
d a table at th
y discussed c
the attendee
, and the inter
sion’s 2022 C
ment in Coas
y on their soci
Management
ately 55 peop
s containing s
ty members w
lan Annual Sum
16 pals at multipl
y when asked
ion (CASQ
mwater Mana
contact with
out the Progra
public to the b
agement Prog
0 people atten
ys, the stormw
were able to e
rmwater issue
ensers and tre
Taking Storm
anagement P
e Solvang St
common storm
s. The table f
rested parties
Coastal Clean
stal Cleanup M
al media cha
Program rep
ple engaged s
tormwater po
who visited th
mmary 2022-
e schools. At
d where they
QA Outcom
agement Prog
the public, en
am. After each
booth and pro
gram personn
nded the even
water quiz, a
engage with t
es and the loc
eats, reusable
mwater Quiz
Program repre
ate of the City
mwater proble
featured an e
s list.
nup Day was o
Month for the
nnels.
resentatives s
staff at the boo
ollution preven
he booth were
2023
t the Open Str
have receive
me Levels 2
gram staff par
ngage in storm
h event, staff
ovide stormwa
nel hosted a b
nt. The booth
nd the interes
the Stormwat
cal Managem
e tote bags, a
at Buellton B
esentatives, o
y event. App
ems, priority
ducational dis
on Septembe
entire month
staffed a boo
oth, which inc
ntion informat
e able to take
City o
reets event (s
ed information
2 & 3)
rticipated in se
mwater discu
meet to discu
ater informatio
booth at the a
h displayed ed
sted parties li
ter Program s
ent Program.
and other item
BBQ
on behalf of th
proximately 13
pollutants, an
splay board,
er 17, 2022. T
of Septembe
oth at Santa Y
cluded the sa
tion, and give
the stormwat
of Buellton
see
n about
everal
ssions,
uss the
on.
annual
ducational
st.
staff and
.
ms were
he Cities
3 people
nd
The Cities
er and
Ynez
ame
e-aways
ter quiz.

P
3 3
T
T
0 f
O
3 E
B
o
p
d
p
h
Program Effect
 Storm
Muse
Eleme
grade
home
grand
Natur
appro
the ev

3.1.3 Illicit

3.1.3.1 Lega
The City imple
Title 15 Storm
08 (Ordinance
full legal autho
Ordinance, wh

3.1.3.2 IDDE
Enforcement R
Buellton 2016
of a spill, illeg
pollution preve
designed to m
possible illicit
high levels of
tiveness Asses
mwater Manag
um of Art and
entary and Jo
es K-8 were e
e. 11 entries w
d prize winner
re. A contest r
oximately 40 p
vent.
t Discharg
l Authority
ements its Illic
mwater Chapte
e) and the Cit
ority to implem
hich was ame
E Procedure
Response Pla
6, updated 202
al discharge,
ention and go
maintain storm
discharges o
knowledge re
ssment and Im
gement Progr
d Nature, and
onata Middle S
ncouraged to
were received
r received a g
reception was
people in atte
F
e Detectio
cit Discharge
er 15.01 Storm
ty’s Stormwat
ment and enfo
ended in 2021
s
an (ERP) (Cit
21) provide g
or illicit conn
ood housekee
mwater genera
r illegal conne
etention, with
mprovement Pl
ram represent
the Cities’ C
School to hold
o participate in
, all of which
ift card and a
s held on May
ndance. Gen
Figure 3. Post
on and Elim
Detection an
mwater Mana
ter Program M
orce the Sma
1, during Yea
ty of Buellton,
uidance to Ci
ection. Appli
eping for mun
al awareness
ections. The
the average
lan Annual Sum
17 tatives of Bue
hambers of C
d a Water Co
n the contest
received gift
a family memb
y 26, 2023, at
eral stormwa
ter Contest R
mination (
nd Elimination
agement and
Management
all MS4 Permi
r 10 and no fu
, 2016 update
ity staff and c
cable City sta
nicipal operati
of staff and c
test of under
test score am
mmary 2022-
ellton and Sol
Commerce co
onservation P
to demonstra
bags. Winne
bership to the
t the Wildling
ater outreach
Reception
CASQA Ou
n (IDDE) Prog
Discharge Co
Certification S
it requiremen
urther update
ed 2021) and
contractors re
aff and contra
ons training (
contractors an
rstanding con
mong trainees
2023
lvang in coord
oordinated wit
oster Contes
ate how they c
rs received g
e Wildling Mus
Museum of A
materials wer
utcome Lev
gram under Bu
ontrol, as rev
Statement, w
ts. The City a
es were made
Spill Respon
esponding to a
actors were pr
(28 total traine
nd encourage
ducted after t
s being 91%.

City o
dination with W
th Oak Valley
t. Students fro
conserve wat
ift certificates
seum of Art a
Art and Nature
re made avail
vel 4)
uellton Munic
ised by Ordin
hich provides
adhered to the
e to the Ordina
nse Plan (SRP
a complaint o
rovided IDDE
ees). The tra
e the reporting
the training d
of Buellton
Wilding
y
om
ter at
s and the
and
e, with
lable at
cipal Code
nance 20-
s the City
e
ance.

P) (City of
r notice
E staff and
aining is
g of
isplayed

P
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in
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w
s
t
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S
Program Effect

3.1.3.3 IDDE
During Year 1
staff and/or its
discharge.
 On Ja
during
positiv
the lin
Janua
a third
piping
 At 8:0
Indus

 Staff r
comp
of dis
One incident o
ndustrial Way
The other inci
ndustrial Way

3.1.4 Pollu

3.1.4.1 FOG
The City’s con
nitiated an an
have continue
questionnaire
Year 7 (63 FO
39 IWD quest
respondents:
storm water re
compliance w
nspections sh
heir business
Management
for non-stormw
No responden
website); how
survey was ad
ranslated to S

3.1.4.2 Targ
The City colla
Santa Barbara
tiveness Asses
E Detection,
0, four poten
s contractors.
anuary 19, 20
g a field asses
ve for chlorine
ne. The point
ary 20, 2023.
d party, whom
g and fully cea
00 AM on Oct
trial Way.
responded to
leted for the c
charge, writte
occurred at 1
y, but it did no
dent occurred
y.
ution Preve
and IWD In
ntractor condu
nnual survey d
ed inspections
s), Year 5 (40
OG and 44 IW
tionnaires), an
(1) Are you fa
equirements f
with the City's
howed 100%
s activities imp
Program. Th
water dischar
nts competed
wever, only no
dded to the m
Spanish on th
et Audience
borated with
a on updates
ssment and Im
Elimination
ntial illicit disc
Three of the
023, discharge
ssment and c
e. City staff o
of discharge
The hotel ma
m the hotel ma
ased the disc
tober 6, 2022,
follow-up and
confirmed dis
en response,
1:59 PM on S
ot discharge t
d on October
ention and
spections
ucted 48 FOG
during their F
s in Year 3 (2
0 FOG and 26
WD questionna
nd year 10 (4
amiliar with th
for your type
Storm Water
of businesse
pact to stormw
he City Stormw
rges.
the City’s on
o respondents
materials distri
he Stormwate
e-Specific BM
the Cities of S
to all the BM
mprovement Pl
n, and Repor
charges or ille
five investiga
e from a storm
chlorine odor
btained a con
was found to
anager stated
anager immed
harge by Jan
, a sanitary se
d verify the d
scharges. Pho
etc.) were ret
September 15
to the storm d
7, 2022. The
d Good Ho
G and 40 IWD
OG and IWD
7 FOG and 1
6 IWD questio
aires), Year 8
8 FOG and 4
he City of Bue
of business a
Program? T
s were familia
water, and be
water Progra
line Restaura
s completed th
ibuted to facil
r Managemen
MP Guides
Solvang, Carp
P guides incl
lan Annual Sum
18 rting
egal connectio
ated incidents
m pipe to Zac
was detected
ntractor to inv
be from a ho
that the equi
diately contac
uary 27, 2023
ewer overflow
ischarges we
otographs and
tained within t
5, 2022. The s
drain.
e spill consiste
usekeepin
D inspections
inspections b
1 IWD questi
onnaires), Ye
8 (71 FOG and
0 IWD questi
ellton's Storm
activity?; and
he inspection
ar with the Cit
elieve their bu
m Coordinato
ant Survey (av
he survey dur
ity staff durin
nt website.
pinteria, Gole
uding:
mmary 2022-
ons were repo
s were determ
ca Creek was
d. The discha
vestigate, whic
otel. The City
ipment causin
cted. The thir

3. w occurred fro
ere ceased in
d incident det
the City’s rec
spill consisted
ed of traces o
ng (CASQA
during the re
beginning Ye
ionnaires), Ye
ear 6 (88 FOG
d 44 IWD que
ionnaires). T
Water Progra
(3) Do you be
n forms comp
ty’s Stormwat
usiness comp
or reviewed a
vailable on th
ring the repor
g FOG inspec
eta, Lompoc,
2023
orted and wer
mined to have
observed by
rge was samp
ch consisted
issued a Cea
ng the discha
rd party rerou
om a lift statio
all cases. Inc
tails (location
cords.
d of winery wa
of pomace fro
A Outcome
porting year.
ar 2 (11 FOG
ear 4 (65 FOG
G and 40 IWD
estionnaires),
he questionn
ram?; (2) Are
elieve your bu
leted during F
ter Managem
plied with the C
ll FOG and IW
he Stormwate
rting year. Th
ctions and the
Santa Barbar
City o
re investigate
e resulted in a
City wastewa
pled and teste
of video reco
ase and Desis
arge was man
ted the equip
on located at 7
cident reports
, timeline, des
ash water on
m a winery o
e Levels 2-4
The City con
G questionnair
G and 22 IWD
D inspections f
, Year 9 (43 F
aires asked t
you aware of
usiness is in
FOG and IWD
ment Program
City’s Stormw
WD inspection
r Managemen
erefore, a link
e survey was
ra, and the Co
of Buellton
ed by City
an illicit
ater staff
ed
ording of
st letter
naged by
pment and
73 s were
scription
140
n
4)
ntractors
res) and
D
forms,
FOG and
he
f the
D
, aware of
water
n reports
nt
k to the
s
ounty of

P
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3 T
P
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u
a
P
S
2 A
Program Effect
 Updat
BMPs
Guide
 Revis
Indus
 Updat

3.1.4.3 Gree
The City conti
coordinates a
Newsletter, Bu
residents to d

3.1.4.4 Pet W
The City main
PAWS Dog P
stations are m
246, near the
near the inters
pet waste disc
The City conti
direct mailers/
distributed CT
cleanup and d
posters along
available at th
Despite these
The City targe
2021, ten 30-i
Corona with th
his area). Th
andscapers c
and recorded

3.1.5 Wate
The City partic
and Unincorpo
2015–2018 fo
Program Effec
and its Quality
Barbara et al
The goal of th
specific to lan
use-based po
and resubmitt
Project Clean
Stormwater M
2016). Monito
Annual Repor
tiveness Asses
ting the safe
s, Pet Owners
e to BMPs.
sing the post-c
stry’s Guide to
ting the requi
n Waste Ma
inues to contr
nd promotes
uellton Buzz (
rop off their tr
Waste Mana
ntains 14 Mutt
ark, one on V
maintained by
intersection w
section with V
carded at thes
inues to prom
/media campa
TPL outreach
disposal of pe
Via Corona a
his location, a
e convenience
eted this area
inch signs dis
he goal of brin
he area was in
cleaned all pe
at monthly in
er Quality
cipates in a re
orated Santa
or the NPDES
ctiveness Ass
y Assurance P
2015, revised
he monitoring
d use within t
llutant load (L
ted on Octobe
Water receiv
Monitoring Pla
oring was initia
rts.
ssment and Im
medicine disp
s Guide to BM
construction B
o BMPs.
rements for h
anagement C
ract with a loc
the annual C
(Water Bill Ins
rees until the
gement Cam
t Mitt stations
Via Corona (o
the Buellton
with Sycamor
Valley Dairy R
se locations.
mote the CTPL
aign via articl
materials like
et waste amon
at Oak Valley
s well as at th
es, dog waste
for a pilot pro
splaying the v
nging awaren
nspected and
et waste from
ntervals to eva
Monitorin
egional water
Barbara Cou
S Phase II Sm
sessment and
Project Plan f
d 2016) that w
program is to
the represent
LBPL) model.
er 13, 2015 th
ved Central C
n and the Qu
ated during Y
mprovement Pl
posal informa
MPs, Homeow
BMP informat
hosting color r
Campaign
cal waste hau
hristmas Tree
sert) and both
second week
mpaign
within the Ci
n the school f
Veterinary Cl
re Drive; and
Road). The M
L pet waste m
es in the bim
e doggy bag d
ngst residents
y Elementary,
he adjacent O
e is often left a
ogram to dete
various CTPL
ness and chan
d photographe
the area. Th
aluate the effe
ng (CASQA
r quality monit
unty, which is
mall MS4 Gene
d Improvemen
for Urban Sto
was submitted
o characterize
ted MS4s to c
The plans w
hrough the SM
oast Water B
uality Assuran
Year 3 and res
lan Annual Sum
19 ation in the An
wners Guide t
tion and the a
runs in the Sp
uler (MarBorg)
ecycle Progra
h the City and
k in January f
ty (five at Riv
fence), and o
linic (one on t
one on the no
Mutt Mitt Progr
management c
onthly Buellto
dispensers at
s. The City a
which has he
Oak Pak that a
along the strip
ermine the eff
dogs were in
nging behavio
ed before the
e estimated q
ectiveness of
A Outcome
toring program
described in
eral Permit Se
nt Plan (Coun
orm Water Mo
d to the Centr
e pollutant con
collect sufficie
were revised to
MARTS Datab
Board Executiv
nce Project Pl
sults were rep
mmary 2022-
nimal Care an
to BMPs, and
addition of a n
pecial Events
) for managem
am through th
d MarBorg we
for mulching a
ver View Park
one at Neighb
the north and
orth and one
ram’s efforts
campaign on
on Buzz wate
t community e
lso advertised
eavy dog-wal
also has trash
p of grass bet
fectiveness o
nstalled at inte
or (i.e., reduc
signs were in
quantity of ab
the posters.

Level 5)
m with the Ci
the draft Urb
ections E.13.
nty of Santa B
onitoring Plan
ral Coast Wat
ncentrations a
ent data to info
o address com
base. On Ma
ve Officer app
lan (County o
ported as part
2023
nd Handling F
d Multi-Unit Re
new BMP in th
s Guide.
ment of green
he Chamber o
ebsites. This p
and reuse wit
k, three at Oak
orhood Villag
one on the s
on the south
have helped
the City’s we
er bill insert. T
events to prom
d the CTPL c
ker traffic. M
h cans for dis
tween the sch
of additional C
ervals along t
cing the amou
nstalled. Upo
bandoned pet
ties of Solvan
an Storm Wa
c 303(d) Mon
Barbara et al 2
2015-2018 (C
ter Board on D
and loads fro
form, update,
mments from
arch 4, 2016,
proval for the
of Santa Barba
t of the Year 3
City o
Facilities Guid
esidential Dw
he Constructi
n waste. The
of Commerce
program allow
thin the comm
k Valley Park
ge Park. Four
south side of H
side of Highw
reduce the am
ebsite and thro
The City also
mote the prop
campaign via
utt Mitt statio
sposing of was
hool and Via
CTPL promotio
he fence line
unt of pet was
on installation
waste is mon
ng, Carpinteri
ater Monitoring
nitoring and E
2015, revised
County of Sa
December 29
om discharge
or calibrate t
the Regiona
Santa Barbar
e revised Urba
ara et al 2015
3 and subseq
of Buellton
de to
wellings
ion
e City also
Ews
munity.
k, four at
r Mutt Mitt
Highway
way 246,
mount of
ough its
per
CTPL
ns are
ste.

Corona.
on. In
at Via
ste left in
,
nitored
a, Goleta
g Plan
E.14.a
d 2016)
nta
9, 2014.
locations
he land
l Board
ra County
an
5, revised
quent

P
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(
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p
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In
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Program Effect
Early results o
LPRM) that w
and evaluate t
providing siteoutfalls were s
The first year
otal of 6 sites
use). Stormw
concentration
he regional 3
The Central C
submission of
stormwater vo
 Repo
volum
 Repo
and p
catch
 Repo
perfor
functi
which
 Repo
On November
o meet specif
he revised LP
mplemented
field assessm
Technical Rep
observations f
Guidance to th
Reports #1 th
The City conti
City deployed
agencies and

3.2 TOTAL

3.2.1 Educ
The City conti
ndustry poste
webpage. App
The training is
sediment cont
displayed high

3.2.2 Illicit
The implemen
tiveness Asses
of the USWM
was used to c
the performan
-specific land
selected base
of wet weath
s representing
water runoff w
s of the mode
03(d) Monitor
Coast Water B
f the following
olume and po
rt #1: Catchm
me and polluta
rt #2: BMP in
pollutant loadi
ments within
rt #3: BMP as
rmance, estim
on and curren
h was due Jun
rt #4: Stormw
r 10, 2016, th
fic requireme
PRM on July
based on the
ent results, w
port Order 13
for each BMP
he LPR Mode
rough 4.
inues to partic
to sample on
successfully

L SUSPEND
cation and
inues to main
er and the Pre
plicable City s
s designed to
trol BMPs dur
h levels of kno
t Discharg
ntation of the
ssment and Im
P provided fo
calculate wet w
nce of existin
use pollutant
ed on their dra
er urban runo
g different lan
as analyzed f
el to reflect lo
ring Program
Board issued
g reports to do
llutant loading
ment delineat
ant loading an
ventory for al
ng unmitigate
the City, whic
ssessment fo
mate stormwa
nt BMP condi
ne 30, 2018 a
water Program
e Central Coa
nt listed in Te
18, 2017, whi
standard des
were uploaded
267, Report #
P inventoried
el Technical R
cipate in the r
n November 8
collected sam

DED SOLID
Outreach
ntain the Envir
event Soil Ero
staff and cont
provide infor
ring construct
owledge reten
e Detectio
City’s IDDE P
mprovement Pl
or a locally inf
weather loads
g and future B
t concentratio
ainage areas
off was initiate
d use types, w
from eight to t
cal runoff con
Results FY 2
Technical Re
ocument prog
g estimates, a
ion and releva
nalysis, which
l centralized
ed condition a
ch was due Ju
r all BMPs us
ater volume an
tion based on
and revised O
m Modification
ast Water Bo
echnical Repo
ich included t
sign attributes
d to the LPRM
#3. The City w
in accordance
Report (Geosy
regional wate
8, 2022, Janu
mples per the
DS
(CASQA O
ronmental Pro
osion on Your
tractors were
rmation to ass
tion inspectio
ntion, with the
on and Elim
Program is de
lan Annual Sum
20 formed land u
s in the Coun
BMPs. The P
on data. As de
consisting of
ed in Year 3.
with one loca
ten storms. T
ncentrations in
2015-2016.
eport Order 13
gress on key a
as follows.
ant attributes
h was due Aug
and decentra
and catchmen
une 30, 2017
sing an effecti
nd pollutant lo
n the BMPs a
October 15, 20
ns Fifth Year R
ard provided
ort Order 1326
the ability to d
s. The BMPs
M and the new
will also contin
e with the Att
yntec 2018). T
r quality mon
uary 9, 2023, a
monitoring p
Outcome L
otection Agen
r Property bro
provided with
sist in identify
ns. The test
e average sco
mination (
escribed in Se
mmary 2022-
use-based prio
ty, prioritize c
Plan continues
escribed with
f a more or le
During Year
ation in Buellto
The data was
n the modelin
3267 on June
activities relat
s that support
gust 12, 2016
alized BMPs w
nt ranking unm
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5.0 REFER
California Sto
2015
online
Central Coast
2014
2016
City of Buellto
2015,
MS4
and Im
2015,
2018.
2016
2016,
2016,
2020
Disch
tiveness Asses

RAM EFFE
identified the
ll use this info
water quality
2023 (Year 10
to many of its
cial alternative
ssembly that
to obtain virt
istribution to
nto class curr
tive feedback
hallenge the
and Participat
through its we
nd in utility bil
essential publ
nd filling pet w
The City impl
s along a high
tive feedback
waste loading,
RENCES
rmwater Qua
Program E
e at: Guidance
t Regional Wa
Solvang–B
Technical
on
updated 201
General Perm
mprovement P
updated 201

Program E
updated 202
updated 202
Buellton M
harge Control,
ssment and Im

CTIVENES
successful st
ormation to ad
on downstrea
0), as public h
s customary B
e methods tha
the City has p
ual assembly
Oak Valley E
riculum. The
k from teacher
Stormwater P
tion BMPs. Th
ebsite; electro
l inserts (i.e.,
ic areas like t
waste bag sta
emented a ne
h pet-traffic ar
k from the pub
compare to p
lity Associatio
Effectiveness
e Documents
ater Quality C
Buellton Urban
Report Order
7 Urban S
mit Sections E
Plan.
7 Quality
Effectiveness
21 Enforce
21 Spill Re
Municipal Code
, as revised b
mprovement Pl

SS SUMMA
trategies used
dapt its progra
am receiving
health restrict
BMPs (i.e., pu
at were adapt
provided to lo
y videos on wa
lementary Sc
videos were
rs and princip
Program faced
he City focuse
onic and hard
the Buellton
the SYVBG.
ations through
ew facet of th
ea to encoura
blic after the p
pre-signage lo
on (CASQA)
Assessment
s | CASQA – C
Control Board
n Water Qual
r 13267 (June
Storm Water
E.13.c 303(d)
y Assurance P
Assessment
ement Respo
esponse Plan
e Title 15 Sto
by Ordinance
lan Annual Sum
22 ARY
d during the p
am with the c
water bodies
tions due to th
ublic events, i
ted during the
ocal schools in
ater science,
chool, which h
used at elem
pals at multipl
d during the r
ed on providin
d-copy newsle
Buzz newslet
The City cont
hout the City a
e campaign d
age the pet ow
posters were i
oads, and ass
and Improvem
California Sto
lity Profile (Ap
e 13).

Monitoring P
Monitoring an
Project Plan fo
and Improvem
onse Plan.
n.
ormwater Cha
20-08.
mmary 2022-
past reporting
continued goa
.
he COVID-19
in-person me
e height of the
n the past, th
called “Show
has 355 stude
mentary schoo
e schools.
reporting year
ng the public
etters through
tter); social m
tinued the CB
and educating
during the rep
wners to pick
installed. The
sess the effec
ment Plan (P
ormwater Qua
pril 24).

Plan 2015–201
nd E.14.a Pro
or Urban Stor
ment Plan.
apter 15.01 St
2023
g year, as wel
al of reducing/
9 pandemic lo
eetings, etc.) w
e pandemic.
e City coordin
ws that Teach
ents, and the
ols throughou
r was implem
with stormwa
h the Buellton
media posts; a
BSM campaig
g the public t
porting year b
k up their pet’s
e City will con
ctiveness of t
PEAIP) Frame
ality Associatio
18 for the NP
ogram Effecti
rm Water Mon
tormwater Ma
City o
l as the challe
/eliminating th
oosened, the C
while continui
Instead of the
nated with pa
”. The City
videos were
t the County a
menting its Pub
ater education
n Chamber of
and through b
gn, CTPL, by
hrough article
by installing la
s waste. The
ntinue to mon
this BMP.
ework (April). A
on.

PDES Phase I
iveness Asses
nitoring Plan
anagement an
of Buellton
enges
he impact
City was
ing to
e
artner
and
blic
nal
brochures
es in local
arge
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nitor the
Available
II Small
ssment
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rogram Effect
County of San
2015,
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Geosyntec Co
2018
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Santa
State Water R
2013
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and 2
.
tiveness Asses
nta Barbara, C
revised 2016
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revised 2016

onsultants
Pollutant L
ssment Guida
a Barbara.

Resources Co
Small Mun
Q, amended by
2018-0007-EX
ssment and Im
City of Goleta
6 Urban S
mit Sections E
Plan.
6 Quality
Load, Prioritiz
ance for the C
ontrol Board
nicipal Separa
y Order 2015
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mprovement Pl
a, City of Carp
Storm Water
E.13.c 303(d)
y Assurance P
zation, and Re
Cities of Buellt
ate Storm Sew
-0133-EXEC,
lan Annual Sum
23 pinteria, City o
Monitoring P
Monitoring an
Project Plan fo
eduction (LPR
ton, Carpinter
wer System (M
, 2016-0069-E
mmary 2022-
of Buellton, a
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nd E.14.a Pro
or Urban Stor
R) Model, Atta
ria, Goleta, an
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EXEC, 2017-X
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achment B – B
nd Solvang, a
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XXXX-DWQ,
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lvang
PDES Phase I
iveness Asses
nitoring Plan
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ty Order 2013
2018-0001-E
of Buellton
II Small
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2015-
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nty of
3-0001-
EXEC,

Program Effectiveness Assessment and Improvement Plan Annual Summary 2022-2023 City of Buellton

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: October 26, 2023
Subject: Approval of a Joint Powers Agreement for the Central Management Area Relating to Sustainable Groundwater Management Act in the Santa Ynez River Valley Groundwater Basin
______________________________________________________________________________

BACKGROUND
The Central Management Area (CMA) Groundwater Sustainability Agency (GSA) was formed by the January 11, 2017, Memorandum of Agreement (MOA) between the City of Buellton, Santa Ynez River Water Conservation District, and the Santa Barbara County Water Agency. The MOA describes the formation and organization of the CMA GSA and establishes the governing body, powers, and proportional funding contribution from each agency, and the voting structure for decision making.

Under this MOA, the CMA GSA successfully prepared, approved, and submitted its Groundwater Sustainability Plan (GSP) to the California Department of Water Resources (DWR) on January 18, 2022, as required by the State Groundwater Management Act (SGMA). Since then, groundwater management activities have included monitoring and data collection, annual reporting to the Department of Water Resources (DWR), and projects and management actions. The conduct of these activities has been implemented in coordination with the other two GSAs, as consistent with the Intra-Basin Administrative Agreement (IBAA).

The CMA GSA entered into the IBAA for the purpose of coordinating with the other two GSAs in the basin for implementing the sustainable groundwater management act, and the three GSPs in the Santa Ynez River Valley Groundwater Basin (Basin). The IBAA was adopted by the three GSAs effective January 1, 2022. The IBAA’s primary purpose is to facilitate a cooperative and ongoing working relationship between the three GSAs in the basin. The IBAA also described the possibility of forming one or more new joint powers authorities (JPA) by the three GSAs.

CMA JPA Page 2 October 26, 2023
The CMA GSA is the sole GSA for its management area. The existing CMA GSA established under the 2017 MOA would reorganize as a separate entity under the Joint Exercise of Powers Act in order to implement the CMA GSP and sustainably manage the CMA under SGMA.

Forming a JPA would create a separate legal entity that will work on SGMA compliance and GSP implementation. As the Public agencies voluntarily create a JPA, the JPA can exercise only those powers that are common to their member agencies. Their meetings are open to the public and subject to the Ralph M. Brown Act. Further, JPAs must follow the Public Records Act, the Political Reform Act, and other public interest laws that ensure political transparency. The JPA must also arrange for an annual audit; many public agencies audit their own JPA.

As a separate agency, a JPA must have its own board of directors (Board) which will appoint officers as provided for in its JPA, in this case a chair, vice chair, treasurer, and secretary. The board will consist of representatives of each member. Certain functions may be delegated by the Board to the staff of a member agency, or an outside consultant. For example, the Treasurer’s duties may be delegated to a certified public accountant.

A JPA, formed as a legal entity separate from its members, would shield the general funds of its members from having to pay liabilities if the JPA is unable to generate sufficient revenue to pay its liabilities. In contrast, counsel for the CMA members are concerned that the existing MOA structure may not provide the same protection for its members. Finally, a JPA can combine services and share the resources of the member agencies to save time, reduce (or eliminate) overlapping services, increase efficiencies, and cut costs for their taxpayers.

From a practical perspective, the core provisions of the existing CMA MOA were integrated into the draft CMA JPA, so in effect the JPA is consistent with the MOA while simultaneously providing protection for the member agencies from the GSAs debts or other liabilities.

The CMA GSA Board has endorsed the Joint Powers Agreement at their September 25, 2023.

FISCAL IMPACT
There is no direct fiscal impact to the City as a result of approving the Joint Powers Agreement. There are several vehicles for the CMA GSA to capture costs for implementing SGMA pursuant to Water Code sections 10730, et seq. The Board of Directors may pursue funding through any means allowable by law, including but not limited to fees and/or charges, which reduces the financial obligations of the member agencies. To the extent other funds are not available to pay CMA GSA expenses, under the JPA each Member’s obligation remains unchanged from their current obligation under the MOA. Moreover, if the JPA is unable to pay its liabilities, as a separate legal entity the JPA can shield the general funds of its members from having to pay those liabilities. The adoption of fees and charges must be compliant with all applicable laws including Propositions 218 and 26.

CMA JPA Page 3 October 26, 2023

RECOMMENDATION
That the City Council consider approval of the Joint Powers Agreement for the CMA GSA Implementation of the Sustainable Groundwater Management Act in the Santa Ynez River Valley Groundwater Basin and authorize the Mayor to sign the Agreement on behalf of the City.

ATTACHMENTS
Attachment 1 –Draft Joint Powers Agreement for the CMA GSA

September 25, 2023 Page | 1 of 18

JOINT EXERCISE OF POWERS AGREEMENT

SANTA YNEZ RIVER VALLEY BASIN CENTRAL MANAGEMENT AREA

GROUNDWATER SUSTAINABILITY AGENCY
This Joint Exercise of Powers Agreement (“Agreement”) is made and entered into this ________ day of ________ 2023 by and between the City of Buellton (“Buellton”); Santa Ynez River Water Conservation District (“SYRWCD” or “District”), and the Santa Barbara County Water Agency (“Santa Barbara”), also each referred to individually as “Member” and collectively as “Members,” for the purposes of forming a joint powers agency to serve as the Groundwater Sustainability Agency for the Central Management Area of the Santa Ynez River Valley Groundwater Basin. This joint powers agency shall hereinafter be known as the Santa Ynez River Valley Groundwater Basin Central Management Area Groundwater Sustainability Agency (“CMA GSA” or “GSA”).

RECITALS
THIS AGREEMENT is made with reference to the following facts:

A. WHEREAS, the Sustainable Groundwater Management Act of 2014 (“SGMA”), including but not limited to Water Code section 10720 et seq., requires Groundwater Sustainability Agencies (“GSAs”) to manage medium and high priority groundwater basins throughout the state through the adoption and implementation of Groundwater Sustainability Plans (“GSPs”). SGMA defines “basin” as a basin or subbasin identified and defined in Bulletin 118, a publication of the California Department of Water Resources (“DWR”).

B. WHEREAS, the Santa Ynez River Valley Groundwater Basin (also referred to as the “Santa Ynez Groundwater Basin” or “Basin”), identified and defined by DWR in Bulletin 118 as Basin 3-15, has been designated by DWR as a medium priority basin.

C. WHEREAS, Bulletin 118 describes the Basin as being in three portions, the eastern, central, and western. The western portion consists of the Lompoc Plain, Lompoc Terrace, and Lompoc Upland; the central portion consists of the Buellton Upland, and the eastern portion consists of the Santa Ynez Uplands. For the purpose of implementing SGMA, each portion of the Basin as described by DWR has been designated as a separate “Management Area” as authorized by SGMA, where the three Management Areas cover the entire Basin defined by Bulletin 118.

D. WHEREAS, for purposes of administering its groundwater usage program and other water management functions, the District also generally recognizes these hydrogeologic units.

E. WHEREAS, the map attached hereto as Exhibit A depicts the boundaries of the three Management Areas of the Basin.

F. WHEREAS, in 2016, local public agencies eligible to form a GSA or GSAs in the Basin determined that a separate GSA would be formed for each Management

September 25, 2023 Page | 2 of 18
Area of the Basin (see Memorandum of Understanding for Implementation of the Sustainable Groundwater Management Act in the Santa Ynez River Valley Groundwater Basin, dated May 23, 2016).

G. WHEREAS, effective January 11, 2017, the Members entered into a “Memorandum of Agreement for Formation of a Groundwater Sustainability Agency for the Central Management Area in the Santa Ynez River Valley Groundwater Basin under the Sustainable Groundwater Management Act” (“2017 MOA”), which established the Members as the participating agencies of the CMA GSA created by the 2017 MOA.

H. WHEREAS, the District covers approximately 99.95% of the CMA including the City of Buellton and the Bobcat Springs Mutual Water Company. The Santa Barbara County Water Agency (“County Water Agency”) covers the remaining 0.05% of the CMA that is not within the District. The City of Buellton, the District and the County Water Agency represent all of the public agencies (as defined by the Act) that are eligible to form a GSA in the CMA. The formation of the CMA GSA is supported by the following:
a. The District has monitored groundwater production and groundwater storage in the Basin, including the CMA, since 1979.
b. The District and the City of Buellton prepared a Groundwater Basin Management Plan for the CMA in October 1995. The plan was approved under AB 3030.
c. Buellton practices conjunctive use during wet and dry periods between the Santa Ynez River channel and the CMA in coordination with the Districts’ water rights releases under SWRCB Order 89-18.
d. Areas of the CMA represented by the County Water Agency have “de minimis” groundwater production, if any, and represent less than 0.05% of the total Management Area. Therefore, the County Water Agency is not a voting Committee member of the CMA GSA and will not be a voting Director of the CMA GSA when reorganized as a JPA, nor will it have any financial responsibility for funding the GSA or GSP activities for the CMA, except for the cost of its staff participation in meetings.
e. In addition to the consideration of the interests of groundwater users in the CMA GSA, the Santa Barbara County Planning and Development Department, Bob Cat Springs Mutual Water Company, and members of the agricultural community, have been invited to participate on the GSA’s Advisory Committee.

I. WHEREAS, pursuant to separate Memoranda of Understanding, the local public agencies in the Eastern Management Area (“EMA”) and the Western Management Area (“WMA”) of the Basin, respectively, formed an EMA GSA and a WMA GSA in the Basin.

J. WHEREAS, effective February 26, 2020, the local public agencies

September 25, 2023 Page | 3 of 18
participating in the EMA GSA, the WMA GSA, and the CMA GSA entered into the “IntraBasin Administrative Agreement for Implementation of the Sustainable Groundwater Management Act in the Santa Ynez River Valley Groundwater Basin.” K. WHEREAS, in accordance with Water Code section 10727.6 and California Code of Regulations, title 23, section 357.4, the EMA GSA, the WMA GSA, and the CMA GSA entered into the Santa Ynez River Valley Groundwater Basin Coordination Agreement, effective January 1, 2022.

L. WHEREAS, the CMA GSA formed under the 2017 MOA has already developed, adopted, and submitted a Groundwater Sustainability Plan (“GSP”) for the CMA to DWR as required by SGMA.

M. WHEREAS, each of the Members is duly organized and existing under the laws of the State of California and is a local agency qualified to become or form a GSA under the SGMA for the CMA of the Basin.

N. WHEREAS, pursuant to SGMA, specifically Water Code section 10723.6, and the Joint Exercise of Powers Act, Government Code section 6500 et seq., the Members are authorized to create a joint powers agency to jointly exercise any power common to the Members together with such powers as are expressly set forth in the Joint Exercise of Powers Act and in SGMA.

O. WHEREAS, the Members hereby intend to reform the existing CMA GSA established under the 2017 MOU as a separate entity under the Joint Exercise of Powers Act in order to implement the CMA GSP and sustainably manage the CMA under SGMA and intend for the CMA GSA as a JPA to act as the successor of the CMA GSA as a MOA.

NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein, the Members hereby agree as follows:

ARTICLE 1

INCORPORATION OF RECITALS

1.1 The foregoing recitals are true and correct and are incorporated herein by reference.

ARTICLE 2

DEFINITIONS
The following terms shall have the following meanings for purposes of this Agreement:

2.1 “Agreement” means this Joint Exercise of Powers Agreement reforming the Santa Ynez River Valley Groundwater Basin Central Management Area Groundwater

September 25, 2023 Page | 4 of 18
Sustainability Agency.

2.2 “Basin” means the Santa Ynez River Valley Groundwater Basin, as identified and defined by DWR in Bulletin 118 (as Basin 3-15) as of the Effective Date of this Agreement or as modified pursuant to Water Code section 10722.2.

2.3 “Bulletin 118” means DWR’s report entitled “California Groundwater:

Bulletin 118” updated in 2016 and 2020, and as it may be subsequently updated or revised in accordance with Water Code section 12924.

2.4 “Board of Directors” or “Board” means the governing body of the CMA GSA as established by Article 7 of this Agreement.

2.5 “CMA” means the Central Management Area of the Basin, as defined and depicted in the GSP for the CMA, as amended from time to time pursuant to SGMA.

2.6 “CMA GSA” or “GSA” means the Santa Ynez River Valley Groundwater Basin Central Management Area Groundwater Sustainability Agency, formed under the 2017 MOA and reformed as a separate joint powers authority through this Agreement.

2.7 “Director(s)” and “Alternate Director(s)” means a Director or Alternate Director appointed by a Member or appointed by the Directors representing the Members pursuant to Articles 7.2 and 7.3 of this Agreement.

2.8 “DWR” means the California Department of Water Resources.

2.9 “GSP” means a Groundwater Sustainability Plan, as defined by SGMA in Water Code section 10727 et seq.

2.10 “Joint Exercise of Powers Act” means Government Code section 6500 et seq., as amended from time to time.

2.11 “Member” or “Members” means an entity or the entities authorized by SGMA and other applicable law to participate in the CMA GSA as reformed by this Agreement and included in Article 6.1 of this Agreement, or any entity that becomes a new Member of the CMA GSA pursuant to Article 6.2 of this Agreement.

2.12 “Officer(s)” means the Chair, Vice Chair, Secretary, or Treasurer of the CMA GSA to be appointed by the Board of Directors pursuant to Article 8.2 of this Agreement.

2.13 “SGMA” means the Sustainable Groundwater Management Act, including but not limited to Water Code section 10720 et seq., as SGMA may be amended from

September 25, 2023 Page | 5 of 18
time to time.

2.14 “State” means the State of California.

2.15 “Voluntary Contribution” means a payment to the CMA GSA at the sole discretion of the payor that is neither a grant nor a direct Member payment made pursuant to Article 14.2(e).

ARTICLE 3

CREATION OF THE CMA GSA

3.1 Creation of a Joint Powers Agency. There is hereby created, pursuant to the Joint Exercise of Powers Act and SGMA, a joint powers agency, which is a public entity separate from the Members, and shall be known as the Santa Ynez River Valley Groundwater Basin Central Management Area Groundwater Sustainability Agency (“CMA GSA” or “GSA”). The boundaries of the CMA GSA shall be coterminous with the boundaries of the CMA portion of the Basin as established by the CMA GSP and depicted in Exhibit A attached hereto and incorporated herein by reference, which may be amended from time to time pursuant to SGMA. It is the intent of the Members that this Agreement reforms the GSA currently existing under the 2017 MOA as a separate and distinct legal entity. In addition, the CMA GSA as a JPA shall act as the successor to the MOA.

3.2 Notices. Within 30 days after the Effective Date, and after any amendment hereto, the GSA shall cause a notice of this Agreement to be prepared and filed with the office of the California Secretary of State containing the information required by Government Code section 6503.5. Within 30 days after the Effective Date, the GSA shall cause a statement of the information concerning the GSA, required by Government Code section 53051, to be filed with the office of the California Secretary of State and with the County Clerk for the County of Santa Barbara, setting forth the facts required to be stated pursuant to Government Code section 53051(a). Within 30 days after the Effective Date, the GSA shall inform DWR of the Members’ decision and intent to undertake sustainable groundwater management within the CMA in accordance with Water Code section 10723.8 through this JPA.

3.3 Purpose of the CMA GSA. The purpose of the CMA GSA is to implement and comply with SGMA in the CMA portion of the Basin by serving as the CMA’s GSA, implementing the GSP for the CMA, and coordinating with the EMA GSA and WMA GSA in sustainably managing the Basin pursuant to SGMA.

ARTICLE 4
TERM

4.1 This Agreement shall become effective on the last date on which all of the Members listed in Article 6.1 sign this Agreement (“Effective Date”), after which notices

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shall be filed in accordance with Article 3.2. This Agreement shall remain in effect until terminated pursuant to the provisions of Article 16 of this Agreement.

ARTICLE 5
POWERS

5.1 The CMA GSA shall possess the common powers set forth in this Agreement together with such other powers as are expressly set forth in the Joint Exercise of Powers Act and in SGMA, subject to the limitations set forth therein.

5.2 For purposes of Government Code section 6509 and Water Code section 10730.6(d), the powers of the CMA GSA shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed, and in the event of the withdrawal of Santa Barbara as a Member under this Agreement the manner of exercising the GSA’s powers shall be exercised subject to those restrictions imposed on Buellton.

5.3 The CMA GSA shall have all powers that a GSA is authorized to exercise as provided by SGMA, including without limitation the power to implement the GSP, update the GSP every 5-years, and meet the requirements set forth in the Intra-Basin Coordination Agreement.

5.4 The CMA GSA shall have the power to impose fees under SGMA to fund the CMA GSA and GSP implementation.

5.5 The CMA GSA shall have the following additional powers:
a) To make and enter contracts, including contracts with its Members; b) To employ agents, attorneys, consultants, and employees or to contract for personnel to fulfill its mission and purpose;
c) To lease, acquire, construct, manage, maintain, or operate any building, works or improvements;
d) To lease, acquire, hold, or dispose of real or personal property; e) To borrow money, issue bonds, and incur debts, liabilities, or obligations for the purpose of paying all or any part of the costs of any other authorized activity of the GSA, which debts, liabilities, and obligations shall not constitute debts, liabilities, or obligations of any Members; f) To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the CMA GSA consents to such gifts, contributions, and donations;

September 25, 2023 Page | 7 of 18
g) To fix the compensation, if any, paid to the Plan Manager, Secretary, Treasurer, and Legal Counsel, in compliance with all applicable laws; h) To prescribe the duties, compensation, and other terms and conditions of employment of other agents, officers, and employees;
i) To adopt reasonable rules and regulations for the conduct of the day-today operations of the CMA GSA and other rules and regulations as permitted by SGMA;
j) To apply for, accept, receive, and disburse grants, loans, and other aid from any agency of the United States of America or of the State of California; k) To sue and be sued in its own name;
l) To invest money in the treasury, pursuant to Government Code section 6505.5, that is not required for the immediate necessities of the CMA GSA; m) To contract and pay compensation for professional, financial, and other services;
n) To carry out and enforce all provisions of this Agreement; o) To exercise any power necessary or incidental to the foregoing powers.

ARTICLE 6

MEMBERSHIP

6.1 Members. The Members of the CMA GSA shall be:
(a) City of Buellton;
(b) Santa Ynez River Water Conservation District; and
(c) Santa Barbara County Water Agency;
as long as they have not, pursuant to the provisions hereof, withdrawn from this Agreement.

6.2 New Members. Any entity authorized by SGMA and other applicable law to participate in the CMA GSA, that is not a Member on the Effective Date of this Agreement, may become a Member upon all of the following:
(a) The approval of the Board of Directors as specified in Article 12.3; (b) Amendment of the Agreement in accordance with Article 18.2; and (c) Payment by the new Member of a pro rata share of all previously incurred costs that the Board of Directors determines are appropriate

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for assessment on the new Member.

ARTICLE 7

BOARD OF DIRECTORS

7.1 Formation of the Board of Directors. The CMA GSA shall be governed by a Board of Directors (“Board”). Directors shall include one representative from each of the Members identified in Article 6.1.

7.2 Appointment of Directors. Directors shall be appointed by the represented Member’s governing body. Each Director representing a Member shall be an elected official or member of management of the appointing Member.

7.3 Alternate Directors. Each Director shall have one Alternate Director to act as a substitute Director for that Director in his or her absence. All Alternate Directors shall be appointed in the same manner as set forth in Article 7.2. Alternate Directors shall not vote or participate in any deliberations of the Board unless appearing as a substitute for a Director due to absence or conflict of interest. If a Director is not present, or if a Director has a conflict of interest which precludes participation by the Director in any decisionmaking process of the Board, the Alternate Director appointed to act in his/her place shall assume all roles of the Director, and shall have the authority to act on behalf of the absent Director, including but not limited to participating in open session and closed session deliberations and casting votes on matters before the Board. An Alternate Director representing a Member shall be an elected official or member of management of the appointing Member.

7.4 Requirements. Directors and Alternate Directors representing a Member shall serve at the pleasure of the governing body of the appointing Member. No individual Director or Alternate Director representing a Member may be removed except by the vote of the governing body of the Member that appointed him/her.

7.5 Vacancies. Upon the resignation or removal of a Director, the Alternate Director shall serve as Director until a new Director is appointed as set forth in Article 7.2.

Upon the resignation or removal of an Alternate Director, a new Alternate Director shall be appointed as set forth in Articles 7.2 and 7.3. A Member shall submit any changes in its Director or Alternate Director positions to the Board or Plan Manager.

7.6 Duties of the Board of Directors. The business and affairs of the CMA GSA, and all of its powers, including without limitation all powers set forth in Article 5, are reserved to and shall be exercised by and through the Board of Directors, except as may be expressly delegated to the Plan Manager or others pursuant to this Agreement, Bylaws of the GSA, the CMA GSP, or specific action of the Board of Directors.

7.7 Director and Alternate Compensation. No Director or Alternate Director shall be compensated by the CMA GSA in connection with any meetings or other activities undertaken as a representative of the GSA. Nothing in this Article is intended to prohibit

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a Member from compensating its Director or Alternate Director for compensable activities undertaken as a Director or Alternate Director of the GSA Board.

ARTICLE 8

OFFICERS

8.1 Officers. Officers of the CMA GSA shall be a Chair, Vice Chair, Secretary, and Treasurer. Additional officers may be appointed by the Board as it deems necessary. (a) Chair. The Chair shall preside at all meetings of the Board of Directors, and shall be a member of the Board.
(b) Vice Chair. The Vice Chair shall exercise all powers of the Chair in the Chair’s absence or inability to act, and shall be a member of the Board. (c) Secretary. The Secretary shall keep minutes of meetings of the Board of Directors and shall perform other duties and responsibilities as properly delegated by the Board. The Secretary may, but need not, be a member of the Board.
(d) Treasurer. The Treasurer shall perform the duties and responsibilities specified in Government Code sections 6505.5 and 6505.6. The Treasurer may, but need not, be a member of the Board.

8.2 Appointment of Officers. Officers shall be appointed annually by, and serve at the pleasure of, the Board of Directors. Officers shall be appointed at the first Board meeting, and thereafter at the first Board meeting following January 1st of each year. The Director from SYRWCD shall be designated as the Chair Pro Tem to preside at the first meeting of the Board until a Chair is appointed by resolution of the Board. An Officer may serve for multiple consecutive terms, with no term limit. Any Officer may resign at any time upon written notice to the Board, and may be removed and replaced by a decision of the Board in accordance with Article 11.3(a). Notwithstanding the foregoing, the Treasurer shall be appointed in the manner specified in Government Code sections 6505.5 and 6505.6.

8.3 Principal Office. The principal office of the CMA GSA shall be established by the Board of Directors, and may thereafter be changed by the Board.

ARTICLE 9

PLAN MANAGER & STAFF

9.1 Hiring. The Board may hire a Plan Manager or other designated manager of the CMA GSA, as well as any needed staff, consultants, and Legal Counsel, who may be hired as an employee of the CMA GSA or by contract with the CMA GSA. The Plan Manager and Legal Counsel may be, but need not be, officers, employees, or

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representatives of one of the Members.

9.2 Compensation. The Plan Manager, staff, consultants, and Legal Counsel’s compensation shall be determined by the Board.

9.3 Duties. The Plan Manager, staff, consultant and Legal Counsel shall serve at the pleasure of the Board. The Plan Manager shall be responsible to the Board for the property and efficient administration of the GSA and act as a point of contact for the GSA.

The Plan Manager shall have the powers designated by the Board, and otherwise as set forth in the GSA Bylaws.

10.4 Termination. The Plan Manager shall serve until his/her resignation or until the Board terminates the Plan Manager’s employment or contract.

ARTICLE 10

GSA DIRECTOR MEETINGS

10.1 Initial Meeting. The initial meeting of the CMA GSA Board of Directors shall be called by the Chair Pro Tem and held within the boundaries of the CMA, within sixty (60) days of the Effective Date of this Agreement.

10.2 Time and Place. The Board of Directors shall meet at least quarterly, at a date, time, and place set by the Board, and at such other dates, times, and places as may be determined by the Board.

10.3 Special Meetings. Special meetings of the Board of Directors may be called by the Chair or by a simple majority of Directors, in accordance with the Ralph M. Brown Act (Government Code section 54950 et seq.).

10.4 Conduct. All meetings of the Board of Directors, including special meetings, and any meetings involving teleconferencing to the extent allowed by law, shall be noticed, held, and conducted in accordance with the Ralph M. Brown Act (Government Code section 54950 et seq.).

10.5 Local Conflict of Interest Code. The Board of Directors shall adopt a local conflict of interest code pursuant to the provisions of the Political Reform Act of 1974 (Government Code section 81000 et seq.).

ARTICLE 11
VOTING

11.1 Quorum. A quorum of any meeting of the Board of Directors shall consist of a majority of the Directors. In the absence of a quorum, any meeting of the Directors may be adjourned by a vote of the simple majority of Directors present, but no other business

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may be transacted.

11.2 Director Votes. Voting by the Board of Directors shall be weighted as follows:
(a) The Director representing SYRWCD shall have one (1) vote; and (b) The Director representing Buellton shall have one (1) vote; and (c) The Director representing Santa Barbara shall be a non-voting member.

A Director, or an Alternate Director when acting in the absence of a Director, may vote on all matters of GSA business unless disqualified.

11.3 Decisions of the Board.
(a) Majority Approval. Except as otherwise specified in Article 11.3(b), all decisions of the Board of Directors shall require the affirmative vote of more than 50 percent of the vote total in accordance with Article 11.2.
(b) Supermajority Approval. Notwithstanding Article 11.3(a), a minimum 75 percent vote total in accordance with Article 11.2 shall be required to approve any of the following: (i) the annual budget; (ii) any substantive amendment to the CMA GSP; (iii) addition of new Members pursuant to Article 6.2; (iv) establishment and levying of any fee, charge, or assessment; (v) adoption or amendment of the GSA Bylaws; (vi) regulation, limitation, or suspension of extractions from groundwater wells; or (vii) issuance of bonds or other forms of indebtedness.

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ARTICLE 12
BYLAWS

13.1 The Board of Directors may approve and amend, as needed, Bylaws for the CMA GSA.

ARTICLE 13

ACCOUNTING PRACTICES

13.1 General. The Board of Directors shall establish and maintain such funds and accounts as may be required by generally accepted public agency accounting practices. The CMA GSA shall maintain strict accountability of all funds and a report of all receipts and disbursements of the GSA. The GSA shall hire an independent auditor to audit its funds and accounts as required by law.

13.2 Fiscal Year. Unless the Board of Directors decides otherwise, the fiscal year for the CMA GSA shall run from July 1st to June 30th.

ARTICLE 14

BUDGET AND EXPENSES

14.1 Budget. The Board of Directors shall adopt an annual budget for the CMA GSA.

14.2 GSA Funding and Contributions.
(a) For the purpose of funding the expenses and ongoing operations of the CMA GSA, the Board of Directors shall maintain a funding account in connection with the annual budget process.
(b) The CMA GSA may apply for grants and/or loans to fund a portion of the cost of implementing the CMA GSP as the Board may direct. (c) The Board of Directors may accept Voluntary Contributions from Members or other persons or entities that are not subject to reimbursement by the GSA, and may accept Voluntary Contributions from Members or other persons or entities that are to be reimbursed by the GSA. The Board of Directors will execute a contract with any party making a Voluntary Contribution and such contract will contain the terms under which the CMA GSA accepts the Voluntary Contribution.
(d) The Board of Directors may pursue funding through any means allowable by law, including but not limited to fees and/or charges

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pursuant to Water Code sections 10730, et seq.
(e) To the extent other funds are not available to pay CMA GSA expenses set forth in the annual budget adopted pursuant to Article 14.1, each Member will pay the following percentage of such expenses:

SYWRCD: 50%
Buellton: 50%
Santa Barbara: 0%
(f) The GSA will apply funds available in the funding account to CMA GSA expenses identified in the annual budget adopted pursuant to Article

14.1, in the following order:
(i) Voluntary Contributions not subject to reimbursement by the GSA (ii) Grant funds
(iii) Revenue generated from fees/charges
(iv) Bond proceeds from any bonds issued pursuant to this Agreement
(v) Voluntary Contributions subject to reimbursement by the GSA (vi) Direct payments from Members made pursuant to Article 14.2(e).

14.3 Issuance of Indebtedness. The GSA may issue bonds, notes, or other forms of indebtedness, provided such issuance is approved at a meeting of the Board of Directors by supermajority vote in accordance with Article 11.3(b).

ARTICLE 15

LIABILITIES

15.1 Liability. In accordance with Government Code section 6508.1, the debts, liabilities, and obligations of the CMA GSA, other than any retirement liabilities if it contracts with a public retirement system, shall be the debts, liabilities, and obligations of the GSA alone, and not of any of the Members individually or jointly.

15.2 Indemnity. The CMA GSA, and those persons, agencies, consultants, entities, and instrumentalities used by it to perform the functions authorized by this Agreement, SGMA, and other applicable law, whether by contract, employment, or otherwise, shall be exclusively liable for any and all injuries, costs, expenses, claims, suits, actions, proceedings, losses, liabilities, damages, judgments, or other obligations of whatever kind arising from or related to activities of the GSA. The GSA agrees to indemnify, defend, and hold harmless each Member, each Director and Alternate, and each Member’s governing board, officers, officials, representatives, agents, and employees from and against any and all claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, liabilities, damages, judgments, expenses, costs, including but not limited to attorney’s fees, consultant’ fees,

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and expert fees, and/or other obligations of whatever kind arising from or related or attributable to the GSA or this Agreement (“Claims”).

In addition to the foregoing, funds of the CMA GSA may be used to defend, indemnify, and hold harmless the GSA, each Member, each Director and Alternate Director, and any officers, officials, agents, or employees of the GSA for their actions taken within the course and scope of their duties while acting on behalf of the GSA against any such Claims.

The Members do not intend hereby to be obligated either jointly or severally for any Claims or any other debts, liabilities, or obligations of the GSA, except as may be specifically provided for in Government Code section 895.2. Provided, however, if any Member(s) of the GSA are held liable for the acts or omissions of the GSA, such parties shall be entitled to contribution from the other Members pursuant to Government Code section 895.4 so that after said contributions each Member shall bear such liability in the proportions set forth in Article 14.2(e).

15.3 Insurance. The CMA GSA may procure appropriate policies of insurance providing coverage to the GSA and its Directors, Alternate Directors, officers, officials, agents, and employees for general liability, errors and omissions, property, workers compensation, and any other coverage the Board deems appropriate. Such policies shall, if feasible, name the Members as additional insureds.

ARTICLE 16

WITHDRAWAL OF MEMBERS

16.1 Unilateral Withdrawal. Any Member may unilaterally withdraw from this Agreement without causing or requiring termination of this Agreement, effective upon thirty (30) days written notice to the Board of Directors and all other Members.

16.2 Termination of Agreement and GSA. This Agreement and the CMA GSA established under this Agreement may be terminated by unanimous written consent of all Members, except during the outstanding term of any CMA GSA indebtedness.

16.3 Effect of Withdrawal or Termination. After the effective date of withdrawal, any Member who withdraws from the GSA shall have no right to participate in the business and affairs of the GSA, except through public participation, and shall have no right to exercise any rights of a Member under this Agreement. Provided, however, that nothing contained in this Article 16.3 shall be construed as affecting a withdrawing Member’s right to reimbursement from the GSA in accordance with Article 14 or any agreement between the GSA and the withdrawing Member. Provided further, that notwithstanding the foregoing, nothing contained in this Article 16.3 shall be construed as prohibiting a Member that has withdrawn from the GSA to become a separate groundwater sustainability agency within its jurisdiction in accordance with SGMA.

Nothing in this section shall be construed as obligating the CMA GSA to consent to

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formation or designation of another GSA for any portion of the Basin.

16.4 Return of Contribution. Upon termination of this Agreement, and to the extent a successor public entity is established which will carry on the functions of the CMA GSA and assume its assets, the assets of the GSA shall be transferred to the successor public entity. If there is no successor public entity which will carry on the functions of the GSA, then, subject to the requirements of Article 14, any assets on-hand shall be returned to the Members in proportion to their payment obligations in Article 14.2(e) and the Board of Directors shall first offer any property, works, rights, and interests of the GSA for sale to the Members on terms and conditions determined by the Board of Directors. If any property, works, rights, and interests of the GSA remain after first being offered for sale to the Members, the Board of Directors shall then offer the property, works, rights, and interests of the GSA for sale to any non-Member for good and adequate consideration.

Subject to the requirements of Article 14, the net proceeds from any such sales shall be distributed among the Members in proportion to their payment obligations in Article

14.2(e). The Board of Directors may, in its sole discretion, determine whether an entity constitutes a successor public entity under this paragraph.

ARTICLE 17

MISCELLANEOUS PROVISIONS

17.1 Notices. Notices to a Member shall be sufficient if delivered to the clerk or secretary of the respective Member’s governing body and addressed to the Member at the address noted on the signature page or at such other address or to such other person that the Member may designate in accordance with this Article. Delivery may be accomplished by personal delivery, with postage prepaid by first class mail, registered or certified mail, express courier, facsimile, or electronic mail (email). The date of receipt of the notice shall be the date of actual personal service or three days after the postmark on certified mail.

17.2 Amendments to Agreement. This Agreement may be amended or modified at any time only by subsequent written agreement approved and executed by all of the Members.

17.3 Agreement Complete. This Agreement constitutes the full and complete agreement of the Members with respect to the matters set forth by this Agreement. This Agreement supersedes all prior agreements and understandings, whether in writing or oral, related to the subject matter of this Agreement that are not set forth in writing.

Notwithstanding this paragraph, this Agreement does not alter the parties’ obligations under the Intra-Basin Administrative Agreement for Implementation of the Sustainable Groundwater Management Act in the Santa Ynez River Valley Groundwater Basin, dated February 26, 2020. In regards to the 2017 MOA, as soon as DWR accepts this Agreement and the CMA GSA formed hereunder as the governing GSA for the Central Management Area of the Basin, then this Agreement will supersede the 2017 MOA in its entirety and this Agreement and the CMA GSA formed hereunder will take over all activities as the

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governing GSA for the Central Management Area of the Basin.

17.4 Severability. Should any part, term, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any applicable federal law or any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, or provisions hereof shall not be affected thereby, provided however, that if the remaining parts, terms, or provisions do not comply with the Joint Exercise of Powers Act, this Agreement shall terminate.

17.5 Withdrawal by Operation of Law. Should the participation of any Member to this Agreement be decided by a court of competent jurisdiction to be illegal or in excess of that Member’s authority or in conflict with any law, resulting in the withdrawal of such Member from this Agreement, the validity of this Agreement as to the remaining Members shall not be affected thereby.

17.6 Assignment. The rights and duties of the Members may not be assigned or delegated without the written consent of all other Members. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void.

17.7 Binding on Successors. Subject to Article 17.6, this Agreement shall inure to the benefit of, and be binding upon, the successor of any Member.

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

17.9 Member Authorization. The governing bodies of the Members have each authorized execution of this Agreement and all signatories to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles, and capacities stated herein and on behalf of the respective Members.

17.10 No Third Party Beneficiary. Except as expressly set forth herein, this Agreement is not intended to benefit any person or entity not a party hereto.

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IN WITNESS WHEREOF, the Members have executed this Agreement to be effective on the date executed by the last Member as set forth in Article 4.1.

CITY OF BUELLTON
A California Municipal Corporation
3745 Constellation Road
Lompoc, California 93436-1401
APPROVED AS TO FORM:

By: ________________________________
(Print name)________________________

___City Attorney, City of Buellton____
Date: ______________________________
By: ________________________________
(Print name)________________________

___Mayor, City of Buellton____
Date: ______________________________
ATTEST:

By: ________________________________
(Print name)________________________

___City Clerk, City of Buellton____
Date: ______________________________

SANTA YNEZ RIVER WATER

CONSERVATION DISTRICT
P.O. Box 719
Santa Ynez, CA 93460
APPROVED AS TO FORM:

By: ________________________________
(Print name)________________________

(Title)____________________________
Date: ______________________________

SANTA BARBARA COUNTY WATER AGENCY
By: ___(Signature on following page)_

September 25, 2023 Page | 18 of 18
ATTEST: SANTA BARBARA COUNTY WATER
AGENCY: INSERT NAME
County Executive Officer
Clerk of the Board, Ex Officio Clerk of the
Santa Barbara County Water Agency
By: By:

Deputy Clerk Chair, Board of Directors
Date:

RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:

Santa Barbara County Water Agency Risk Management
By: By:

Department Head Risk Management
APPROVED AS TO FORM: APPROVED AS TO ACCOUNTING
FORM:

INSERT NAME
County Counsel

INSERT NAME
Auditor-Controller
By: By:

Deputy County Counsel Deputy

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: October 26, 2023
Subject: Consideration of Affordable Housing Agreement and Density Bonus Agreement with People’s Self Help Housing for the Buellton Garden Apartments Project
______________________________________________________________________________

BACKGROUND
People’s Self Help Housing Corporation is the applicant and prospective developer of the Buellton Garden Apartments Project, which received entitlements on November 17, 2022.

This project will construct an eighty-nine (89) unit multi-family residential affordable housing development, located at 10 McMurray Road (Assessor’s Parcel Number 137-200- 087), just south of the Albertson’s shopping center.

The project is proposed on one of the City’s Affordable Housing Overlay Zone sites, which requires that 20% of the 89 units (18 units) be made affordable in the very low, low, and moderate income categories. The project has been conditioned to deed restrict the minimum required 18 units as affordable, which include eight (8) very low income units, five (5) low income units, and five (5) moderate income units required per the Net RHNA Goals defined in Section 19.16.012 of the Affordable Housing Ordinance. The project has also requested and received density bonus units, concessions, waivers, and a reduction of parking standards under the State Density Bonus Law as part of the project entitlements.

In order to memorialize the affordable nature and density bonus requests of this project an Affordable Housing Agreement (Attachment 1) and Density Bonus Agreement (Attachment 2) have been prepared. As a condition precedent to obtaining a building permit, the Affordable Housing Agreement must be approved by Council. The purpose of this Agreement is to assure that the developer complies with the requirements associated with the conditions of approval for the property, particularly as they pertain to the provision of affordable housing. The rents for all affordable units to be provided are to be capped at limits set forth in the California Tax Credit Allocation Committee (TCAC) Guidelines.

These rent caps are to be in place for a minimum of fifty-five (55) years. The Agreement also establishes the process of the leasing, the income certification, and the allowable occupancy for units which are income qualified. It also provides a process for subsequent

Buellton Garden Apartments Page 2 October 26, 2023
Affordable Housing & Density Bonus Agreements
income qualification and procedures for addressing increasing or decreasing incomes of tenants. The Density Bonus Agreement ascertains that at least 15% of the units would be dedicated to very-low income households, which allows the density bonus units, concessions, waivers, and reduction of parking standards to be received under State law.

As the City Council may be aware, the project has been described as 100% affordable. This is because the project has entered into an agreement for funding through the TCAC to restrict 88 of the 89 units to very low income units, and that agreement dictates the actual affordability that will be in the project. For purposes of the City’s Affordable Housing Agreement and the Density Bonus Agreement, the project would meet the intent of the affordability levels stipulated by the Agreements since all 88 restricted units will be occupied by households below the maximum moderate and low income levels.

FISCAL IMPACT
The adoption of the Affordable Housing Agreement and Density Bonus Agreement is not expected to have an impact to the City’s General Fund.

RECOMMENDATION
That the City Council authorize the City Manager to execute the accompanying Affordable Housing Agreement and Density Bonus Agreement for the Buellton Garden Apartments Project.

ATTACHMENTS
Attachment 1 - Affordable Housing Agreement
Attachment 2 - Density Bonus Agreement

1 826.058/554157

RECORDING REQUESTED BY AND
RETURN TO:

City of Buellton
P.O. Box 1819
Buellton, California 93427
Attention: City Clerk

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
APN. 137-200-087 (Space Above This Line For Recorder’s Office Use Only) DOCUMENTARY TRANSFER TAX $0

AGREEMENT TO PROVIDE AFFORDABLE HOUSING

CITY OF BUELLTON
THIS AGREEMENT TO PROVIDE AFFORDABLE HOUSING (this
“Agreement”) is made and entered into for reference purposes only as of _____________, 2023, by and between the CITY OF BUELLTON, a general law city (the “City”), and BUELLTON GARDEN APARTMENTS, L.P., a California limited partnership (the “Owner”), with reference to the following facts:

RECITALS
A. Owner owns fee title to that certain real property located at 10 McMurray Road, in the City of Buellton, California, Assessor Parcel Number 137-200-087, and more particularly described in Exhibit A attached hereto (the “Property”).

B. Pursuant to Planning Commission Resolutions No. 22-12, the City approved the following (the “Resolution”):
(i) The Final Development Plan for the Property, including site and floor plans and architectural renderings for developing eighty-nine (89) apartment units within two buildings which includes eight-eight (88) affordable residential apartment units, with one apartment unit designated for an onsite property manager, on approximately three and six one hundredths (3.06) acres of land, Case No. 12-FDP-02 (the “Project”).

C. The Project site has a General Plan designation of General Commerical (zoned CR – General Commerical), with an Affordable Housing Overlay Zone (AHOZ), within a portion of AHOZ Site IX. As set forth in paragraph 102 of the Resolution, pursuant to Section 19.16.013 of the Buellton California Muncipal Code pertaining to the AHOZ, 20% of the 89 uits (18 units) must be made affordable in the very low, low, and moderate income categories. Therefore, eight very low income units, five low income units, and five moderate income units are required for the Project. As a condition preceent

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to obtaining a building permit, the Owner is required to submt this Agreement for review and approval by City Council prior to execution, and as a condition prerequisite to obtaining a final building inspection clearance, this Agreement must be recorded in the official records of Santa Barbara County.

D. Owner desires to comply with the conditions of approval by renting or leasing, or holding available for rent or lease, such number of dwelling units within the Project to income-eligible tenants at affordable housing rents in accordance with the terms, conditions, covenants, restrictions, liens, servitudes, and charges set forth in this Agreement.

E. The purpose of this Agreement is to ensure that the Owner complies with such conditions for approval.

NOW, THEREFORE, for good and valuable consideration the Parties hereto agree as follows:

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

1.1 Affordable Rent. The term “Affordable Rent” means for Very Low Income Households, 50% of Area Median Income, adjusted for Household size, multiplied by 30% and divided by 12; for Low Income Households, 60% of Area Median Income adjusted for Household size, multiplied by 30% and divided by 12; and for Moderate Income Households, 110% of Area Median Income adjusted for Household size, multiplied by 30% and divided by

12. 1.2 Affordable Unit. The term “Affordable Unit” means the 18 residential apartment units located on the Property that are restricted by this Agreement

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

1.4 Area Median Income. The term “Area Median Income” means the then current annual 100% income for the County of Santa Barbara as published by TCAC.

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

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

1.7 Effective Date. The term “Effective Date” means the date this Agreement is recorded in the official records of Santa Barbara County.

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1.8 Household. The term “Household” means an individual, or two (2) or more Persons, whether or not they are related by blood, marriage, or adoption, residing together as a single housekeeping unit in a dwelling.

1.9 Household Income. The term “Household Income,” means total anticipated income of an Applicant or a Household occupying an Affordable Unit as determined under Tax Credit Rules.

1.10 Income Category. The term “Income Category” means the following categories:

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

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

1.10.3 Moderate Income Category. The “Moderate Income Category” encompasses all Qualified Tenants whose Household Incomes qualify as Moderate Income.

1.11 Low Income. The term “Low Income” encompasses all Households whose Household Incomes do not exceed the qualifying limits for 80% incomes as published by TCAC.

1.12 Marketing Plan. The term “Marketing Plan” has the meaning ascribed to it in Section 5.2.

1.13 Moderate Income. The term “Moderate Income” encompasses all Households whose Household Incomes do not exceed one hundred twenty (120) percent of the Area Median Income, adjusted for family size, and published in Title 25, Section 6932, of the California Code of Regulations.

1.14 Owner. The term “Owner” means Buellton Garden Apartments, L.P. and its successors and assigns.

1.15 Parties. The term “Parties” means and includes the City and the Owner.

1.16 Person. The term “Person” means any individual, Household, partnership, corporation, or association.

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

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

1.19 Qualified Tenant. The term “Qualified Tenant” means an Applicant whose Household Income meets the occupancy restrictions specified in Section 4.2 hereof.

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

1.21 Tax Credit Rules. The term “Tax Credit Rules” shall refer to the rules governing the federal low income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended, and the California low income housing tax credits pursuant to Sections 12206, 17058 and 23610.5 of the California Revenue and Taxation Code, all as administered in California by TCAC.

1.22 TCAC. The term “TCAC” shall refer to the California Tax Credit Allocation Committee.

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

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

1.25 Utility Allowance. The allowance for utilities, including garbage collection, sewer, water, electricity, gas, and other heating, cooking and refrigeration fuels and excluding telephone service, calculated as required by TCAC.

1.26 Very Low Income. The term “Very Low Income” encompasses all Households whose Household Incomes do not exceed the qualifying limits for 50% incomes as published by TCAC.

2. Purpose and Scope of Agreement. Owner understands that this Agreement’s purpose and objective is to obtain and provide affordable housing to income eligible families by creating conditions, covenants and restrictions subject to which the Affordable Units shall be occupied, owned, maintained, held, leased, rented, sold, and conveyed.

3. Term. This Agreement shall commence as of the Effective Date and shall terminate on the fifty-fifth (55th) anniversary of the issuance of the certificate of occupancy for the Project or, in the event documentation of a certificate of occupancy cannot be located or established, the fifty-seventh (57) anniversary of the date of the recordation of this Agreement.

4. Affordability Covenants.

4.1 Restriction. During the Term, Owner agrees to rent or lease, or make available for rent or lease, eight (8) units to Very Low Income Households at the applicable Affordable Rent; five (5) units to Low Income Households at the applicable Affordable Rent; and five (5) units to Moderate Income Households at the applicable Affordable Rent, and subject to the terms and conditions set forth in this Agreement. Notwithstanding the foregoing, the restrictions set forth herein shall not preclude the Owner from complying with any more restrictive affordability requirements binding on the Project. After the Term, Owner shall have the right to rent or lease, or make available for rent or lease, the Affordable Units unrestricted in any manner.

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

5. Qualifying Tenants.

5.1 Qualifications. The Affordable Units must be occupied, or reserved for occupancy, by certified Very Low Income Households, Low Income Households or Moderate Income Households, as set forth herein. Owner shall rent or lease Affordable Units only to person(s) who are certified by Owner to be Qualified Tenants. To be a Qualified Tenant of an Affordable Unit, the Household Income of the applicant must be certified as provided in Section 5.3, below, and must satisfy the property manager’s standard tenant selection criteria.

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

5.3 Income Certification. Owner shall obtain and maintain on file, immediately prior to initial occupancy and not less frequently than required by TCAC thereafter, income certifications, in the form required by TCAC, completed and executed by each Qualified Tenant renting an Affordable Unit. In addition, Owner shall have the right to include provisions in the Leases requiring the Qualified Tenants or current occupants to provide to Owner updated income certifications in the event of any change in Household Income applicable to the Affordable Unit occupied by such Qualified Tenant or current occupant. In determining whether an Applicant or current occupant is a Qualified Tenant, as well as compliant with the Income Category and Affordable Rent applicable to each Qualified Tenant, Owner shall comply with the Tax Credit Rules. Copies of tenant income certifications shall be available to the City upon request.

5.4 Lease. Each Lease of an Affordable Unit to Qualified Tenants shall in the form of the Owner’s standard form lease, which is has been approved by the City as evidenced by execution of this Agreement, subject to revisions required by changes in law and the Owner’s investor(s) and lender(s).

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

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6. Maximum Allowable Rent.

6.1 Calculation and Amount. The maximum monthly Rent that may be charged by the Owner for use and occupancy of Affordable Units by Qualified Tenants shall be the Affordable Rent.

6.2 Changes in Income of Occupants. In the event, upon re-certification of income, the Owner determines a Qualified Tenant renting an Affordable Unit no longer qualifies in the Income Category for which such Qualified Tenant was previously classified, the Tax Credit Rules shall be followed on how to address that Qualified Tenant.

6.3 Rent Increases. Rents on any Affordable Unit may be increased, upon a minimum of thirty (30) days prior written notice to the Qualified Tenant, including pursuant to Section 6.2 or concurrently with or subsequent to an increase in Area Median Income as set forth in the then current TCAC Income Limits and Maximum Rents published by TCAC. The rents charged following such an increase, or upon a vacancy and new occupancy by a Qualified Tenant, shall not exceed Affordable Rent.

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

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

7. Monitoring. The Project will be monitored by the following entities in connection with the anticipated financing for the Project: TCAC, the California Department of Housing and Community Development, the issuer of any tax-exempt bonds, the low income housing tax credit investor in the Project, and the County of Santa Barbara. Owner agrees to provide to the City, upon request, copies of any reports made to these other entities with regard to income certifications, Rents charged and inspections of the Affordable Units.

8. Compliance with TCAC Requirements. During the term of any TCAC regulatory agreement, compliance with the TCAC Regulatory Agreement shall be deemed compliance with the requirements of this Agreement.

9. Subordination. The City agrees to subordinate this Agreement to construction and/or permanent lenders on the Project and agrees to execute and consent to the recordation of subordination agreements to this effect, provided such subordination agreements provide the City notice and cure rights.

10. Non-Discrimination. The Owner shall not discriminate or segregate in the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of Units on the basis of race, color,

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ancestry, national origin, religion, sex, sexual preference, age (except as permitted under fair housing law for senior housing developments), marital status, family status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC), or any other arbitrary basis. The Owner shall include a statement in all advertisements, notices and signs for the availability of Units for rent to the effect that the Owner is an Equal Housing Opportunity Provider. Notwithstanding the foregoing, Owner shall not be prohibited from setting aside twenty-four (24) units for farmworker households and large families.

11. General Provisions.

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

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

If to the City: City of Buellton
107 W. Highway 246/ P.O. Box 1819
Buellton, California 92427
Attn: City Manager
If to the Owner: Buellton Garden Apartments, L.P.
1060 Kendall Road,
San Luis Obispo, CA 93401
Attn: CEO & President

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With a copy to
Owner’s limited partner: Wells Fargo Affordable Housing Corp. 550 S. Tryon Street
23rd Floor, MAC D1086-239
Charlotte, NC 28202-4200
Attn: Director of Tax Credit Asset Management

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

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

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

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

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

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

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

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11.10 Relationship of the Parties. Neither Party is the legal representative or agent of the other Party for any purpose whatsoever and neither party shall have the power or authority to assume or create, in writing or otherwise, any obligation or responsibility of any kind, express or implied, to transact business, to make any warranty or otherwise to act in any manner in the name of or on behalf of the other Party. This Agreement shall not be construed as constituting or creating a partnership between the Parties or as creating any other form of legal association between the parties which would impose liability upon one Party for the act or the failure to act of the other Party.

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

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

Exhibit A: Legal Description of Property
Exhibit B: Marketing Plan
[Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date.

CITY:

CITY OF BUELLTON,
a general law City
By:

Scott Wolfe,
City Manager
Date: ________________, 2023
OWNER:

BUELLTON GARDEN APARTMENTS, L.P.,
a California limited partnership
By: Buellton Garden Apartments LLC,
a California limited liability company,
its managing general partner
By: People’s Self-Help Housing Corporation,
a California nonprofit public benefit corporation,
its sole member/manager
By:

Kenneth Trigueiro,
CEO and President
Date: ________________, 2023
[Signatures mut be Acknowledged]

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

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

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

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

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

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

A-1
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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
Real property in the City of Buellton, County of Santa Barbara, State of California, described as follows:

LOT 1 OF TRACT 31009 IN THE CITY OF BUELLTON, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 182, PAGES 9 THROUGH 13 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, PETROLEUM AND OTHER

HYDROCARBON SUBSTANCES, INCLUDING NATURAL GAS, IN, ON AND UNDER

THAT PORTION OF SAID LAND, AS EXCEPTED IN THE DEED FROM PAUL NIELSEN, ET UX. TO HAROLD A. MATHIESEN, ET UX., RECORDED SEPTEMBER 19, 1958 AS INSTRUMENT NO. 22849 IN BOOK 1556, PAGE 152 OF OFFICIAL RECORDS.

APN: 137-200-087

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EXHIBIT B

MARKETING PLAN
The following is a summary of Owner’s Marketing Plan for the initial leasing of the Affordable Units. As vacancies in the Affordable Units become available, Owner shall fill such vacancies in accordance with the terms of this Agreement and the Tax Credit Rules.

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

B. This Agreement binds Owner to this Marketing Plan.

C. Project advertising shall conform to the requirements of the Fair Housing Act and other applicable fair housing laws.

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RECORDING REQUESTED BY AND
RETURN TO:

City of Buellton
P.O. Box 1819
Buellton, California 93427
Attention: City Clerk

APN. 137-200-087
(Space Above This Line for Recorder’s Office Use Only)
Exempt from recording fees pursuant to Govt Code 6103
DOCUMENTARY TRANSFER TAX $0

DENSITY BONUS REGULATORY AGREEMENT

CITY OF BUELLTON
THIS DENSITY BONUS REGULATORY AGREEMENT (this “Agreement”) is made and entered into as of _____________, 2023, by and between the CITY OF BUELLTON, a general law city (the “City”), and BUELLTON GARDEN APARTMENTS, L.P., a California limited partnership (the “Owner”), with reference to the following facts:

RECITALS
A. Owner owns fee title to that certain real property located at 10 McMurray Road, in the City of Buellton, California, Assessor Parcel Number 137-200-087, and more particularly described in Exhibit A attached hereto (the “Property”).

B. Owner has submitted to the City plans to develop on the Property, Buellton Garden Apartments, an 89-unit affordable housing residential community (the “Project”).

C. Pursuant to California law (Government Code Sections 65915-65918) (the “State Density Bonus Law”) and the implementing ordinance in Section 19.16.013 of the City’s Municipal Code (“Municipal Code”), owners of projects that include specified levels of affordable housing are entitled to apply for and receive certain density bonuses and additional incentives in order to facilitate the economic feasibility of those projects.

D. The General Plan designation for the Property is General Commercial. The Property is zoned General Commercial (CR), with an Affordable Housing Overlay Zone (“AHOZ”) designation pursuant to Section 19.16.013 of the Municipal Code. The AHOZ overlay allows for the development of residential projects “wholly independent and not constrained by the underlying zone district.” (Municipal Code Section 19.16.013.B.).

E. Owner submitted a “Revised Density Bonus Law Request” to the City pursuant to State Density Bonus Law electing to seek a density bonus to increase the density of the project by 12 additional units, for three development standard concessions (the “Concessions”) based on California Government Code Section 65915(d)(2)(C), and two waivers or reductions in

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development standards (the “Waivers”) based on California Government Code Section 65915(e)(1), in exchange for 15% of the units in the Project (excluding any units permitted to be built as a result of State Density Bonus Law) being affordable to very low income households. In addition a parking reduction to a total of 148 parking spaces was requested.

F. The three Concessions to be used by the Project include: (1) Elimination of Screening Requirement for Transformers; (2) Elimination of Screening Requirement for Parking Area; and (3) Elimination of Landscaping Within Parking Area. The two Waivers to be used by the Project include: (1) Increased Height Maximums to 44’ 6”; and (2) Elimination of Need for Balconies.

G. On November 17, 2022 the City’s Planning Commission adopted Resolution No. 22-12, approving Owner’s request to provide at least 15% of the Project (excluding any units permitted solely under State Density Bonus Law) for density bonus purposes as affordable for very low income households in order to obtain the Concessions. In order to take advantage of the Concessions, Owner must ensure, pursuant to the terms of this Agreement, that no less than 15% of the residential units (excluding any units permitted solely under State Density Bonus Law) will be used and occupied or available for use and occupancy by “very low income households,” as set forth in Health and Safety Code Section 50053.

H. This Agreement is intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the State Density Bonus Law incentives set forth herein.

I. The purpose of this Agreement is to ensure that the Owner complies with such conditions for approval.

NOW, THEREFORE, for good and valuable consideration the Parties hereto agree as follows:

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

1.1 Adjusted for Household Size. The term “Adjusted for Household Size” means, a Household of one person in the case of a studio Unit, a household of two persons in the case of a one-bedroom Unit, a household of three persons in the case of a two-bedroom Unit, and a household of four persons in the case of a three-bedroom Unit.

1.2 Affordable Rent. The term “Affordable Rent” means the maximum monthly Rent that does not exceed 50% of Median Income, Adjusted for Household Size, multiplied by 30% and divided by 12, as published by HCD for “very low income households” in accordance with Section 50053 of the California Health and Safety Code.

1.3 Affordable Unit. The term “Affordable Unit” means any of the 12 residential apartment Units located on the Property that are restricted by this Agreement.

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1.4 Applicant. The term “Applicant” means any Household that applies for an Affordable Unit.

1.5 Area Median Income. The term “Area Median Income” means the Santa Barbara County area median income, adjusted for household size, as established by the United States Department of Housing and Urban Development, and as published periodically by the HCD in Section 6932 of Title 25 of the California Code of Regulations, or successor regulation.

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

1.7 City. The term “City” means the City of Buellton.

1.8 Effective Date. The term “Effective Date” means the date this Agreement is recorded in the official records of Santa Barbara County.

1.9 HCD. The term “HCD” means the California Department of Housing and Community Development.

1.10 HCD Regulations. The term “HCD Regulations” shall mean the regulations published from time to time by the HCD pursuant to Health and Safety Code Section 50093, as they exist as of the Effective Date.

1.11 Household. The term “Household” means an individual, or two (2) or more Persons, whether or not they are related by blood, marriage, or adoption, residing together as a single housekeeping Unit in a dwelling.

1.12 Household Income. The term “Household Income” means total anticipated income of an Applicant or a Household occupying an Affordable Unit as determined under the HCD Regulations.

1.13 Income Category. The term “Income Category” means all Qualified Tenants whose Household Incomes qualify as Very Low Income.

1.14 Owner. The term “Owner” means Buellton Garden Apartments, L.P. and its successors and assigns.

1.15 Parties. The term “Parties” means the City and the Owner.

1.16 Person. The term “Person” means any individual, Household, partnership, corporation, or association.

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

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

1.19 Qualified Tenant. The term “Qualified Tenant” means an Applicant or Household occupying an Affordable Unit whose Household Income meets the occupancy restrictions set forth in this Agreement and who complies with all income verification requirements that apply under City law and HCD Regulations, each as applicable.

1.20 Rent. The term “Rent” means the total of all rent payable by Project tenants to the Owner for the use and occupancy of the Affordable Units and the land and facilities associated therewith including the Utility Allowance.

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

1.22 Unit. The term “Unit” means any residential unit in the Project.

1.23 Utility Allowance. The term “Utility Allowance” means an allowance for utilities, including garbage collection, sewer, water, electricity, gas, and other heating, cooking and refrigeration fuels and excluding telephone service, calculated as required by HCD for the Very Low Income Households.

1.24 Very Low Income. The term “Very Low Income” means the qualifying income limits for “very low income households” in accordance with Section 50105 of the California Health and Safety Code.

1.25 Very Low Income Household. The term “Very Low Income Household” means a Household subject to the Very Low Income limit.

2. Purpose and Scope of Agreement. Owner understands that this Agreement’s purpose and objective is to obtain and provide affordable housing to income eligible families by creating conditions, covenants and restrictions subject to which the Affordable Units shall be occupied, owned, maintained, held, leased, rented, sold, and conveyed.

3. Term. This Agreement shall commence as of the Effective Date and shall terminate on the fifty-fifth (55th) anniversary of the issuance of the certificate of occupancy for the Project or, in the event documentation of a certificate of occupancy cannot be located or established, the fiftyseventh (57) anniversary of the date of the recordation of this Agreement (the “Term”). Upon expiration of the Term, the City shall, at the request of Owner, record a termination of this Agreement, which termination document shall remove this Agreement as an encumbrance upon title to the entire Property.

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4. Minimum Development Standards For Affordable Units. All Units in the Project shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials.

5. Affordability Covenants; Use.

5.1 Restriction. During the Term, Owner agrees to rent or lease, or make available for rent or lease, at least 12 Units to Very Low Income Households at Affordable Rent, and subject to the terms and conditions set forth in this Agreement. After the Term, Owner shall have the right to rent or lease, or make available for rent or lease, the Affordable Units unrestricted in any manner.

The restrictions set forth in this Section 5.1 shall not preclude the Owner from complying with any more restrictive affordability requirements binding on the Project.

5.2 Use of Affordable Rental Units. The Affordable Units shall not at any time be utilized on a transient basis or rented for a period of less than thirty (30) consecutive days, nor shall they be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home day care facilities, or non-residential uses (other than to maintain a home office); provided that the use of the Affordable Units for guests on an intermittent basis shall not be considered transient use for purposes of this Agreement. All of the Affordable Units shall be available for rental on a continuous basis to members of the general public, and Owner shall not give preference to any particular class or group (other than farm workers as required pursuant to financing sources for the Project) in renting the Affordable Units, except to the extent that Affordable Units are required to be rented to Qualified Tenants. A vacated Affordable Unit shall be held vacant until re-leased to a Qualified Tenant or until another Unit at the Property with the same number of bedrooms is leased to a Qualified Tenant. Owner shall exercise diligent efforts to lease any such vacated Affordable Unit to a Qualified Tenant in an expeditious manner.

6. Qualifying Tenants.

6.1 Qualifications. The Affordable Units must be occupied, or reserved for occupancy, by certified Very Low Income Households. Owner shall rent or lease Affordable Units only to person(s) who are certified by Owner to be Qualified Tenants. To be a Qualified Tenant of an Affordable Unit, the Household Income of the applicant must be certified as provided in Section 6.2, below, and must satisfy the property manager’s standard tenant selection criteria.

6.2 Income Certification. Owner shall obtain and maintain on file, immediately prior to initial occupancy and not less frequently than required by HCD thereafter, income certifications, in the form required by HCD, completed and executed by each Qualified Tenant renting an Affordable Unit. In addition, Owner shall have the right to include provisions in tenant leases requiring the Qualified Tenants or current occupants to provide to Owner updated income certifications in the event of any change in Household Income applicable to the Affordable Unit occupied by such Qualified Tenant or current occupant. In determining whether an Applicant or current occupant is a Qualified Tenant, as well as compliant with the Income Category and Affordable Rent applicable to each Qualified Tenant, Owner shall comply with the HCD Regulations. Copies of tenant income certifications shall be available to the City upon request. An Affordable Unit occupied by a tenant who qualifies as a Qualified Tenant at the commencement

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of the occupancy shall be treated as occupied by a Qualified Tenant until a recertification of such Qualified Tenant’s income demonstrates that such tenant no longer qualifies as a Qualified Tenant, and shall be subject to Section 7.2 below.

6.3 Lease. Each lease of an Affordable Unit to Qualified Tenants shall be in the form of the Owner’s standard form lease, which has been approved by the City, as evidenced by execution of this Agreement, subject to revisions required by changes in law and the Owner's investor(s) and lender(s).

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

7. Maximum Allowable Rent.

7.1 Calculation and Amount. The maximum monthly Rent that may be charged by the Owner for use and occupancy of Affordable Units by Qualified Tenants shall be the Affordable Rent.

7.2 Changes in Income of Occupants. In the event, upon re-certification of income, the Owner determines that the income of a Household that initially qualified as a Very Low Income Household no longer qualifies as Very Low Income, such Household shall continue to qualify as a Very Low Income Household, provided that if upon a re-certification of income such Household’s income increases above 140% of the Very Low Income limit, either: (i) another Unit in the Project that is not designated as a Very Low Income Household but is currently rented to a Household that qualifies at the Very Low Income limit is designated as being restricted at the Very Low Income limit; or (ii) the next available Unit in the Project with the same or fewer number of bedrooms (other than the manager unit) shall be leased to a Qualifying Tenant at the Very Low Income limit.

7.3 Rent Increases. Rents on any Affordable Unit may be increased, upon a minimum of thirty (30) days prior written notice to the Qualified Tenant provided concurrently with or subsequent to an increase in the Very Low Income Rent limit published by HCD applicable to such Affordable Unit. In no event shall Rent for an Affordable Unit exceed the applicable Affordable Rent limit.

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

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8. Monitoring. Owner agrees to provide to the City, upon request, copies of any reports made to HCD with regard to income certifications, Rents charged and inspections of the Affordable Units. During the Term, Owner shall, at Owner’s sole cost and expense, determine and verify the eligibility of Households for the rental of the Affordable Units in accordance with the terms and conditions set forth in this Agreement.

9. No Subordination. City’s approval of the necessary land use entitlements that authorize Owner to develop, operate, and maintain the Project was based upon Owner’s obligation to provide the Affordable Units pursuant to the State Density Bonus Law and the terms and conditions of this Agreement. For the Term, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Owner expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.

10. Non-Discrimination. The Owner shall not discriminate or segregate in the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of Affordable Units on the basis of race, color, ancestry, national origin, religion, sex, sexual preference, age (except as permitted under fair housing law for senior housing developments), marital status, family status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDSrelated conditions (ARC), or any other arbitrary basis. The Owner shall include a statement in all advertisements, notices and signs for the availability of Affordable Units for rent to the effect that the Owner is an Equal Housing Opportunity Provider. Notwithstanding the foregoing, some of the units will be reserved for veterans and farm workers as required pursuant to financing sources for the Project.

11. General Provisions.

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

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

If to the City: City of Buellton
Attn: City Manager
107 W. Highway 246/ P.O. Box 1819
Buellton, California 92427
If to the Owner: Buellton Garden Apartments, L.P.

Attn: CEO & President
1060 Kendall Road,
San Luis Obispo, CA 93401
Wells Fargo Affordable Housing Corp.
550 S. Tryon Street
23rd Floor, MAC D1086-239
Charlotte, NC 28202-4200
Attention: Director of Tax Credit Asset Management
Wells Fargo Bank, National Association
550 S. Tryon Street
23rd Floor, MAC# D1086-4200
Charlotte, North Carolina 28202-4200
Attention: Manager, CLI Deal Management
Loan No. 1021607
And a copy to:

Wells Fargo Bank, National Association
Community Lending and Investment
MAC# E2064-092
333 S Grand Avenue, 9th Floor
Los Angeles, CA 90071-1504
Attention: Aaron Meyer
Loan No: 1021607
And a copy to:

California Community Reinvestment Corporation
100 West Broadway, Suite 1000
Glendale, California 91210
Attention: President

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11.3 Entire Agreement. This Agreement constitutes the entire and final agreement and understanding between the Parties with respect to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements relating to the subject matter hereof.

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

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

11.6 Recording and Filing. The City and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Santa Barbara. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Affordable Units to ensure compliance with the State Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project.

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

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

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

11.10 Relationship of the Parties. Neither Party is the legal representative or agent of the other Party for any purpose whatsoever and neither party shall have the power or authority to assume or create, in writing or otherwise, any obligation or responsibility of any kind, express or implied, to transact business, to make any warranty or otherwise to act in any manner in the name of or on behalf of the other Party. This Agreement shall not be construed as constituting or creating a partnership between the Parties or as creating any other form of legal association between the parties which would impose liability upon one Party for the act or the failure to act of the other Party.

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11.11 No Third Parties. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or give to any Person, other than the Parties hereto and their permitted successors or assigns, any rights or remedies under or by reason of this Agreement. No third party is entitled to rely on any of the representations, warranties and agreements contained in this Agreement, and the Parties assume no liability to any third party because of any reliance on the representations, warranties and agreements of the Parties contained in this Agreement.

11.12 Force Majeure. Neither Party shall be deemed to be in default under this Agreement where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party’s control (including the Party’s employment force), court actions (such as restraining orders or injunctions), government regulations or other causes beyond the Party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.

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

11.14 Exhibit. The following Exhibit is attached to this Agreement and incorporated into this Agreement:

Exhibit A: Legal Description of Property
[Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date. “OWNER”
BUELLTON GARDEN APARTMENTS, L.P.,
a California limited partnership
By: Buellton Garden Apartments LLC,
a California limited liability company,
its managing general partner
By: People’s Self-Help Housing Corporation,
a California nonprofit public benefit corporation,
its sole member/manager
By:

Kenneth Trigueiro,
CEO and President

“CITY”
CITY OF BUELLTON, a general law city
By: ________________________________
Scott Wolfe
City Manager

[Signatures must be Acknowledged]

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

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

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

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

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

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

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EXHIBIT A
Legal Description of Property
Real property in the City of Buellton, County of Santa Barbara, State of California, described as follows:

LOT 1 OF TRACT 31009 IN THE CITY OF BUELLTON, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 182, PAGES 9 THROUGH 13 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ALL OIL, PETROLEUM AND OTHER HYDROCARBON SUBSTANCES, INCLUDING

NATURAL GAS, IN, ON AND UNDER THAT PORTION OF SAID LAND, AS EXCEPTED IN THE DEED FROM PAUL NIELSEN, ET UX. TO HAROLD A. MATHIESEN, ET UX., RECORDED SEPTEMBER 19, 1958 AS INSTRUMENT NO. 22849 IN BOOK 1556, PAGE 152 OF OFFICIAL RECORDS.

APN: 137-200-087

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting date: October 26, 2023
Subject: Consideration of Arts & Culture Project Applications: (Fall Fest & Buellton Community Garden)
______________________________________________________________________________

BACKGROUND
The City’s Arts and Culture Committee has received applications requesting grant funds for two projects. The first project is a request for funding to assist with providing musical performances at the annual Fall Fest. The second project is a request for funding to assist with the construction of a decorative and informational entry feature at the Buellton Community Garden (BCG), currently in development.

The Fall Fest request was in the amount of $20,000, and is proposed to help defray the costs of bringing a wide variety of musical genres to the Fall Fest stages over November 10-12 event. The applicant received a $20,000 grant for the same event last year. While the Arts and Culture Committee discourages the awarding of grants for the same project in consecutive years in order to allow for new and varied projects to be funded, the Committee felt that the impact of this particular grant was significant and that funding could be recommended this year as well, although the amount recommended for funding was reduced to $10,000. The application materials for this project accompany this report as Attachment 1.

The BCG request in the amount of $9,500 is proposed to cover the costs of materials, design and labor costs that cannot be otherwise funded to construct decorative entry features/gates, complete with a seating bench and shade cover for the Community Garden project which is being constructed currently. The $9,500 request is a significant component of the $12,500 cost of the project, but the BCG organization has been working to have much of the costs of the garden provided by private donations of funds as well as in-kind donations of material and labor. The proposed entry features represent a significant amenity and will make the overall appearance of the Garden much more physically appealing and noteworthy, bringing attention to the Garden as a community facility, as well as reflecting the cultural heritage of Buellton in the materials and styles chosen for the feature. The Arts and Culture Committee is recommending the funding of the project in the amount of $9,500. The application accompanies this report as Attachment 2.

Arts and Culture Projects Page 2 October 26, 2023
Any funds granted to the applicants that are not spent for the items requested, are required to be returned to the City.

FISCAL IMPACT
The fiscal impact of the requested funding would be $19,500 from the General Fund. The FY 23/24 Budget includes $100,000 budgeted for the Arts & Culture Committee, of which $7,000 has already be allocated for another project, leaving $93,000.

RECOMMENDATION
That the City Council consider approving $10,000 to fund the Fall Fest music program, and $9,500 for the Buellton Community Garden entry structure construction, pursuant to the recommendation of the Arts and Culture Committee.

ATTACHMENTS
Attachment 1 - Project Request for the Buellton Fall Fest Attachment 2 - Project Request for the Buellton Community Garden

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
DATE:

NAME OF PROJECT:

PROJECT DATE(S):

SPONSORING ORGANIZATION:

KEY ORGANIZER:

CONTACT INFORMATION:

TYPE OF PROGRAM: [ ] ARTS PROGRAM [ ] CULTURE PROGRAM [ ] BOTH TOTAL PROJECT BUDGET:

AMOUNT OF FUNDING REQUESTED:

HAS APPLICANT RECEIVED FUNDING FROM THE BUELLTON ARTS & CULTURE PROGRAM PERVIOUSLY? IF SO, WHEN WAS THE LAST TIME?

YESX NO YEAR:

HOW DID YOU HEAR ABOUT THE CITY OF BUELLTON ARTS & CULTURE GRANT PROGRAM:

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

YES NO
DESCRIPTION OF EVENT — Include goals, objectives, key organizer’s vitae / relevant previous experience, and a list of other project partners/collaborators:

Buellton Fall Festival 2023
Buellton Chamber of Commerce / En Fuego Events
En Fuego Events
Andres Nuno (805) 448-7070 / [email protected]
1/12/23
We were lucky enough to be able to receive $20,000 from the Arts & Culture Application in 2022.

It was a tremendous help to increase the number of bands, stage and sound.

X
X
The Buellton Fall Festival is a free, family-friendly, 3 day event that began in 2021. The Fall Fest is focused on allowing guests of all ages to have a great time. We have a little bit of everything for everyone.

We had over 17,000 guests in 2022 and the community really takes pride in this event being in Buellton and we are excited for 2023! We work directly with the Buellton Chamber of Commerce as our official non profit partner and will begin promoting the event earlier this year to encourage guests to stay the weekend.

Our goal will continue to be to make the community proud of this event and bring guests in from outside the area.
create an event that is "Fun for the Whole Family."
$135,000
$20,000 - $25,000
November 10th - 12th, 2023
2022

BUELLTON ARTS & CULTURE COMMITTEE

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

This year IN

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
DESCRIPTION OF EVENT — cont.

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
PROJECT BUDGET DETAIL:

PROJECT FUNDING (list anticipated funding sources and amounts) — must equal Total Project Budget SOURCE OF REVENUE AMOUNT

TOTAL $
PROJECT EXPENSES (promotional materials; space rental; artist honoraria; advertising; etc.) — must equal Total Project Budget
EXPENSE CATEGORY AMOUNT
TOTAL $
Type text here
Local Sponsorships - Goal is $10,000 in 2023
Reggae Bands - $5,000
Rock / Country Western - $5,000
Headliners - $10,000
Battle of Teenage Bands - $1,500
Banda / Mariachi - $1,500
Other music styles: $2,500
35,000
Stage and Sound - $10,000
$35,000
Arts and Culture Grant - $20,000 - $25,000

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
CHECKLIST OF ITEMS TO SUBMIT:

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

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

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

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

If your project will be held on Buellton Union School District property (including the Buellton Rec Center), submit written permission from the District Superintendent.

If your project will be held on private property, submit written permission from the property owner.

X
X
X

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
DATE:

NAME OF PROJECT:

PROJECT DATE(S):

SPONSORING ORGANIZATION:

KEY ORGANIZER:

CONTACT INFORMATION:

TYPE OF PROGRAM: [ ] ARTS PROGRAM [ ] CULTURE PROGRAM [ X] BOTH TOTAL PROJECT BUDGET:

AMOUNT OF FUNDING REQUESTED:

HAS APPLICANT RECEIVED FUNDING FROM THE BUELLTON ARTS & CULTURE PROGRAM PERVIOUSLY? IF SO, WHEN WAS THE LAST TIME?

YES NO YEAR:

HOW DID YOU HEAR ABOUT THE CITY OF BUELLTON ARTS & CULTURE GRANT PROGRAM:

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

YES NO
DESCRIPTION OF EVENT — Include goals, objectives, key organizer’s vitae / relevant previous experience, and a list of other project partners/collaborators:

SEPTEMBER 10, 2023

BUELLTON COMMUNITY GARDEN ENTRANCES AND GATES
Ongoing until completion

BUELLTON COMMUNITY GARDEN

ANNIE YAKUTIS / GREG ERICKSON
805-245-1858 / [email protected]
$9,500
$12,500

LIZ ALVAREZ AND STACEY KISS
GOALS
To beautify the Avenue of the Flags neighborhood. To increase green space in the City of Buellton. To grow a sense of common ground among neighbors by providing an attractive, wholesome space for social interaction that invites multi-cultural and inter-generational connections.

OBJECTIVES
To complete our design for (1) a covered entrance, gate, and kiosk facing Central Avenue and (2) combined pedestrian and delivery vehicle access facing the alley and Avenue of the Flags. Both entrances will include signage. The Central Avenue entrance will incorporate a kiosk for garden information and donor acknowledgements.

BUELLTON ARTS & CULTURE COMMITTEE

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

KEY ORGANIZERS
ANNIE YAKUTIS has maintained a studio art practice since 1982. In 2020 her work shifted away from solitary introspective drawing and painting and toward environmental projects that emphasize social engagement, community building, and environmental responsibility. She received a BA in Art from the University of Washington, Seattle in 1980 where she was also awarded a Ford Foundation Travel Fellowship for independent study in Java and Bali. Her portfolio website can be viewed at https://www.alexandrayakutis.com.

Annie supplements her arts income as Apple Annie, providing tech support for users of Apple products and services. Her work website is https://www.yakutis.com.

Although no longer an active volunteer with the organization, Annie completed Master Gardener Training in 2002 with emphasis on native grasses and trees. She founded Buellton Community Garden in 2021 and currently serves as President Emeritus.

GREG ERICKSON was introduced to production woodworking at eleven years old when his father brought him into the family construction business. By the time he was thirteen, his grandfather, a Swedish master craftsman, had re-entered the scene and took Greg under his wing in the shop. At fourteen Greg started surfing and building surfboards in a workspace his dad helped him build in their back yard.

Greg entered UC Irvine as a math major but switched to art after receiving the Chancellors Award for painting. He continued designing and building surfboards while also paying dues at Islander Yachts and Clark Foam, but he soon became known as the artist who could build things artists need — stretcher bars, paper drawers, and frames. He worked as a gallery preparator at the Newport Harbor Art Museum and was responsible for numerous art studio buildouts and gallery remodels during this period as well. He earned a BA in Art and won a National Endowment for the Arts grant in painting shortly after graduation.

In addition to his father and grandfather, Greg’s mentors include 1984 MacArthur Fellow Robert Irwin (his painting teacher at UC Irvine 1968-1971) and internationally recognized wood turner Bob Stocksdale (with whom he apprenticed from 1972 until 1975). His friendship with renowned contemporary furniture craftsman Sam Malouf, also a MacArthur fellow, lasted from 1975 until Sam’s death in 2009.

Meanwhile Greg’s parents had relocated from Los Angeles to the Santa Ynez Valley in 1969, and Greg arrived in 1973 following the death of his father. He helping out on the family ranch while painting in his dad's old shop, but building, particularly woodworking, was always his bread and butter. He worked at turning bowls and building furniture full time from 1975 until 1981. During this same interval he also began fabricating prototypes for artists, studying architecture, and building houses. His highly refined design sensibility and superb craftsmanship led to a wide variety of highly specialized woodworking accomplishments that made use of his expertise in European style custom cabinetry (see selected publications listed below).

BUELLTON ARTS & CULTURE COMMITTEE

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

SELECTED PUBLICATIONS
Inside the Santa Ynez Valley Magazine, Summer 2015, Erickson & Erickson, cover story.

Santa Barbara Magazine, Summer 2011, Minimalists to the Max, John and Marcia Cohen’s Modern Toro Canyon Treasure, pp 100-107, kitchen and bath p. 104.

Custom Woodworking Business, August 1997, Greg Erickson, pp. 30-33, profile.

Architectural Digest, September 1992, Frederick Fisher, The New Authenticity in Los Angeles, pp 64-72, stairway and railings pp. 66 and 68 , kitchen p. 70.

Architectural Digest, May 1991, Billy Al Bengston in Venice, The Artist’s Hand Animates His Residence and Studio, pp. 158-167, table p. 161.

Vogue Decoration International Edition No. 28, October/November 1990, Los Angeles Artists Built Here, pp.90-95, B. A. Bengston cabinet p. 95.

Artists Design Furniture, Denise Domergue, 1984, Billy Al Bengston, Solvang Screen p. 54, Iki Lawai’a p. 55.

Architectural Digest, March 1983, Architecture: Robert Graham, pp. 112-125, bed p. 120.

California Design 76, A Bicentennial Celebration, Pacific Design Center, Los Angeles March 7- May 2, 1976, linen and wood chair, p. 18.

In addition to all of the above and on a continuing basis, Greg designs and manufactures a unique line of handmade electric guitars with the assistance of guitarist Bear Erickson. For more information visit https:// www.holygoose.com. His Instagram handle is @gregericksonworkshops. Tables, toys, and other fine household objects continue to to be developed in the shop on an ongoing basis. He volunteers as construction manager and advisory board member of the Buellton Community Garden. Greg Erickson Workshops has been based in Buellton since 2002.

PAT CARSON began working with Greg Erickson at age fifteen and has long since come into his own as an expert woodworker and metal fabricator. He and Greg have continued their professional friendship, and Pat will assist Greg as needed. Pat is a Santa Ynez Valley native. His shop is based in Buellton.

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
PROJECT BUDGET DETAIL:

PROJECT FUNDING (list anticipated funding sources and amounts) — must equal Total Project Budget SOURCE OF REVENUE AMOUNT
TOTAL $12,500.00
PROJECT EXPENSES (promotional materials; space rental; artist honoraria; advertising; etc.) — must equal Total Project Budget

EXPENSE CATEGORY AMOUNT
TOTAL $ 12,500.00
IN-KIND LABOR / VOLUNTEER HOURS $ 1,000.00
IN-KIND DONATIONS (DISCOUNTED MATERIALS & SUPPLIES) $ 2,000.00 MATERIALS $ 4,000.00
DESIGN 1,000.00
FABRICATION 5,000.00
INSTALLATION 2,500.00
GRANTS / DONATIONS / ADDITIONAL FUNDRAISING 9,500.00*
In-kind materials donors have included Nielsen Building Materials, Reece Plumbing, Central Coast Agriculture, Windmill Nursery, Farm Supply, Industrial Eats and Zaca Coffee. Valley Tool Rental, Central Coast Agriculture, and Frank Palmer all supply tractors and tractor work at reduced rates. Greg's vendors can be expected to continue offering best pricing for gate and entrance-specific materials and supplies.
*Requested grant funding from Buellton Arts and Culture Committee

BUELLTON COMMUNITY GARDEN
Alley Location View

horizontal metal
zincalume or raw steel
metal delivery gate swings inward to the left
wooden pedestrian gate swings
inward to the right
Paying homage to modernist painters Piet Mondrian gabion wall detail and Richard Diebenkorn, the alley-facing delivery
entrance is made of translucent corrugated fiberglass
supported by a collage of linear steel elements.

Buellton Community Garden signage
is made of powder coated laser-cut
steel integrated with the delivery gate
Buellton
Community
Garden
horizontal corrugated metal
fencing camouflages and
protects utilities boxes

BUELLTON COMMUNITY GARDEN
Alley Elevation
no scale

BUELLTON COMMUNITY GARDEN
Central Avenue Location View

Buellton
Community
Garden
curved corrugated metal roof
existing wire fencing gabion wall
kiosk

BUELLTON COMMUNITY GARDEN
Central Avenue Elevation
no scale
gate

BUELLTON COMMUNITY GARDEN
Plan View
no scale
curved corrugated metal roof
gabion wall
existing wire fencing
existing wire fencing
gate stays kiosk
open
against
gabion
wall from
sunrise to
sunset

THIS WAY INTO GARDEN

BUELLTON ARTS & CULTURE COMMITTEE

PROJECT FUNDING REQUEST FORM
CHECKLIST OF ITEMS TO SUBMIT:

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

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

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

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

X
X

CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8

To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: October 26, 2023
Subject: CalPERS Pension Funding Update and Discussion and Direction on Options for Reducing the City’s CalPERS Pension Unfunded Accrued Liability (UAL)
______________________________________________________________________________

BACKGROUND
Employees of the City of Buellton are members of the California Public Employees Retirement System (CalPERS), which is a defined benefit pension plan. CalPERS is funded through three sources: returns on the system’s investment assets or portfolio, employee contributions by CalPERS members, and employer-paid contributions. Each year CalPERS issues annual actuarial valuation reports. The measurement date lags a couple years. The most current valuation report was issued in July 2023 with a measurement date of June 30, 2022 for FY 2024-25 contributions (Attachments 1 and 2). For the Classic Plan, the minimum required UAL contribution for FY 2024-25 is $46,850, and the minimum required UAL contribution is $2,994 for a total minimum required contribution of $49,844.

On April 14, 2022, City Council adopted Resolution No. 22-12 adopting a Pension Funding Policy. The purpose of this to ensure an adequate and appropriate approach to the monitoring and payment of the City’s CalPERS unfunded liabilities. This policy allows the usage of one-time funds to achieve the following objectives:
• Reduce projected pension contributions to maintain the same levels of service • Increase the funding ratio for both the City’s Classic and PEPRA CalPERS Plans The Pension Policy also states that the Finance Director shall submit a report to City Council annually that covers:
a) The funded status of the City’s pension plan
b) Major events that have impacted the funded status of each of the CalPERS plan c) Major events that are known to or are likely to occur that may impact the funding status of each plan
The City retains the service with GovInvest, Inc. to provide actuarial calculations, forecasting, and visualization and education services. GovInvest has developed a presentation that will cover the following (Attachment 3):

CalPERS Pension UAL Page 2 October 26, 2023
• Provide Pension benefit background information to City Council and the public regarding the City’s CalPERS plans
• Provide background information to the City Council and the public regarding the issues surrounding the CalPERS Unfunded Accrued Liability (UAL) • Provide the City Council with an understanding on the City’s current UAL funding status
• Provide the impact of the additional discretionary payment (ADP) made in November 2022 for FY 2022-23
• Provide payment strategies to mitigate the City’s UAL such as:

1. Make an ADP towards FY 2023-24 in the amount $175,000 to be paid by the end of November 2023 and make future payment on a 20-year amortization schedule. Results in $545,720 interest savings.

2. Make an ADP towards FY 2023-24 in the amount $250,000 to be paid by the end of November 2023 and make future payment on a 20-year amortization schedule. Results in $603,147 interest savings.

3. Make an ADP towards FY 2023-24 in the amount $175,000 to be paid by the end of November 2023 and make future payment on a 15-year amortization schedule. Results in $747,097 interest savings.

4. Make an ADP towards FY 2023-24 in the amount $250,000 to be paid by the end of November 2022 and make future payment on a 15-year amortization table. Results in $794,060 interest savings. • Provide other Pension Management Tools that are available to mitigate UAL

FISCAL IMPACT
The City of Buellton’s minimum required contribution for Fiscal Year 2023-24 is $0. An ADP of $175,000 for FY 2023-24 will require a budget amendment to the General Fund, Water and Wastewater Funds. The budgetary impacts are $125,000, $25,000, and $25,000 respectively. The City of Buellton’s minimum required contribution for Fiscal Year 2024- 25 is $49,844. $175,000 has been budgeted for FY 2024-25 and the projected future minimum required contribution under a 15-year amortization schedule is $156,491.

RECOMMENDATION
That City Council consider paying an ADP of $175,000 during FY 2023-24 by November 2023 and pay future UAL payments on a 15-year amortization schedule.

ATTACHMENTS
Attachment 1 – Classic Actuarial Valuation Report as of June 30, 2022 Attachment 2 – PEPRA Actuarial Valuation Report as of June 30, 2022 Attachment 3 – GovInvest Presentation

California Public Employees’ Retirement System
Actuarial Office
400 Q Street, Sacramento, CA 95811 | Phone: (916) 795-3000 | Fax: (916) 795-2744 888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov July 2023
Miscellaneous Plan of the City of Buellton (CalPERS ID: 7472860304) Annual Valuation Report as of June 30, 2022
Dear Employer,
Attached to this letter is the June 30, 2022 actuarial valuation report for the rate plan noted above. Provided in this report is the determination of the minimum required employer contributions for fiscal year (FY) 2024-25. In addition, the report contains important information regarding the current financial status of the plan as well as projections and risk measures to aid in planning for the future.

Because this plan is in a risk pool, the following valuation report has been separated into two sections:
• Section 1 contains specific information for the plan including the development of the current and projected employer contributions, and
• Section 2 contains the Risk Pool Actuarial Valuation appropriate to the plan as of June 30, 2022.

Section 2 can be found on the CalPERS website (www.calpers.ca.gov). From the home page, go to “Forms & Publications” and select “View All”. In the search box, enter “Risk Pool” and from the results list download the Miscellaneous Risk Pool Actuarial Valuation Report for June 30, 2022.

Actuarial valuations are based on assumptions regarding future plan experience including investment return and payroll growth, eligibility for the types of benefits provided, and longevity among retirees. The CalPERS Board of Administration (board) adopts these assumptions after considering the advice of CalPERS actuarial and investment teams and other professionals. Each actuarial valuation reflects all prior differences between actual and assumed experie nce and adjusts the contribution requirements as needed. This valuation is based on an investment return assumption of 6.8%, which was adopted by the board in November 2021. Other assumptions used in this report are those recommended in the CalPERS Experience Study and Review of Actuarial Assumptions report from November 2021.

Required Contributions
The table below shows the minimum required employer contributions for FY 2024-25 along with estimates of the required contributions for FY 2025-26. Employee contributions other than cost sharing (whether paid by the employer or the employee) are in addition to the results shown below. The required employer contributions in this report do not reflect any cost sharing arrangement between the agency and the employees.

Fiscal Year Employer Normal
Cost Rate
Employer Amortization of
Unfunded Accrued Liability
2024-25 13.31% $46,850
Projected Results
2025-26 13.3% $78,000

Miscellaneous Plan of the City of Buellton
(CalPERS ID: 7472860304)
Annual Valuation Report as of June 30, 2022

The actual investment return for FY 2022-23 was not known at the time this report was prepared. The projections above assume the investment return for that year would be 6.8%. To the extent the actual investment return for FY 2022- 23 differs from 6.8%, the actual contribution requirements for FY 2025-26 will differ from those shown above.

For additional details regarding the assumptions and methods used for these projections,please refer to the “Projected Employer Contributions” in the “Highlights and Executive Summary” section. This section also contains projected required contributions through FY2029-30.

Changes from Previous Year’s Valuations
There are no significant changes in actuarial assumptions or policies in the 2022 actuarial valuation. There may be changes specific to the plan such as contract amendments and funding changes.

Further descriptions of general changes are included in “Highlights and Executive Summ ary” and in Appendix A of the Section 2 report in “Actuarial Methods and Assumptions.” The effects of any changes on the required contributions are included in “Reconciliation of Required Employer Contributions,” also in the Section 2 report.

Questions
A CalPERS actuary is available to answer questions about this report. Other questions may be directed to the Customer Contact Center at (888)-CalPERS or (888-225-7377).

Sincerely,

SCOTT TERANDO, ASA, EA, MAAA, FCA, CFA
Chief Actuary, CalPERS

RANDALL DZIUBEK, ASA, MAAA
Deputy Chief Actuary, Valuation Services, CalPERS

Actuarial Valuation
as of June 30, 2022
for the
Miscellaneous Plan
of the
City of Buellton
(CalPERS ID: 7472860304)
Required Contributions
for Fiscal Year
July 1, 2024 - June 30, 2025

Table of Contents
Section 1 – Plan Specific Information
Section 2 – Risk Pool Actuarial Valuation Information

Section 1
CAL I F O RNI A P UBL I C EM P L O YEES ’ RET I REM ENT S YS T EM Plan Specific Information
for the
Miscellaneous Plan
of the
City of Buellton
(CalPERS ID: 7472860304)
(Rate Plan ID: 1722)

Rate Plan belonging to the Miscellaneous Risk Pool
Table of Contents
Actuarial Certification 1
Highlights and Executive Summary
Introduction 3
Purpose of Section 1 3
Required Contributions 4
Additional Discretionary Employer Contributions 5
Funded Status – Funding Policy Basis 6
Projected Employer Contributions 7
Other Pooled Miscellaneous Risk Pool Rate Plans 8
Cost 9
Changes Since the Prior Year’s Valuation 10
Subsequent Events 10
Assets and Liabilities
Breakdown of Entry Age Accrued Liability 12
Allocation of Plan’s Share of Pool’s Experience/Assumption Change 12 Development of Plan’s Share of Pool’s Market Value of Assets 12 Schedule of Amortization Bases 13
Amortization Schedule and Alternatives 15
Employer Contribution History 17
Funding History 17
Risk Analysis
Future Investment Return Scenarios 19
Discount Rate Sensitivity 20
Mortality Rate Sensitivity 20
Maturity Measures 21
Maturity Measures History 22
Funded Status – Termination Basis 23
Participant Data 24
List of Class 1 Benefit Provisions 24
Plan’s Major Benefit Options 25

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 1 Actuarial Certification
To the best of our knowledge, this report, comprised of Sections 1 and 2, is complete and accurate and contains sufficient information to disclose, fully and fairly, the funded condition of the Miscellaneous Plan of the City of Buellton and satisfies the actuarial valuation requirements of Government Code section 7504. This valuation is based on the member and financial data as of June 30, 2022 provided by the various CalPERS databases and the benefits under this plan with CalPERS as of the date this report was produced. Section 1 of this report is based on the member and financial data for City of Buellton, while Section 2 is based on the corresponding information for all agencies participating in the Miscellaneous Risk Pool to which the plan belongs.

As set forth in Section 2 of this report, the pool actuaries have certified that, in their opinion, the valuation of the Miscellaneous Risk Pool has been performed in accordance with generally accepted actuarial principles, in accordance with standards of practice prescribed by the Actuarial Standards Board, and that the assumptions and methods are internally consistent and reasonable for the risk pool as of the date of this valuation and as prescribed by the CalPERS Board of Administration according to provisions set forth in the California Public Employees’ Retirement Law.

Having relied upon the information set forth in Section 2 of this report and based on the census and benefit provision information for the rate plan, it is my opinion as the plan actuary that the Unfunded Accrued Liability amortization bases as of June 30, 2022 and employer contribution as of July 1, 2024 have been properly and accurately determined in accordance with the principles and standards stated above.

The undersigned is an actuary who satisfies the Qualification Standards for Actuaries Issuing Statements of Actuarial Opinion in the United States with regard to pensions.

BILL KARCH, ASA, MAAA
Supervising Actuary, CalPERS

Highlights and Executive Summary
• Introduction
• Purpose of Section 1
• Required Contributions
• Additional Discretionary Employer Contributions
• Funded Status – Funding Policy Basis
• Projected Employer Contributions
• Other Pooled Miscellaneous Risk Pool Rate Plans
• Cost
• Changes Since the Prior Year’s Valuation
• Subsequent Events

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 3 Introduction
This report presents the results of the June 30, 2022 actuarial valuation of the Miscellaneous Plan of the City of Buellton of the California Public Employees’ Retirement System (CalPERS). This actuarial valuation sets the minimum required contributions for fiscal year (FY) 2024-25.

Purpose of Section 1
This Section 1 report for the Miscellaneous Plan of the City of Buellton of CalPERS was prepared by the Actuarial Office using data as of June 30, 2022. The purpose of the valuation is to:
• Set forth the assets and accrued liabilities of this rate plan as of June 30, 2022; • Determine the minimum required employer contributions for this rate plan for FY July 1, 2024 through June 30, 2025;
• Determine the required member contribution rate for FY July 1, 2024 through June 30, 2025 for employees subject to the California Public Employees' Pension Reform Act of 2013 (PEPRA); and • Provide actuarial information as of June 30, 2022 to the CalPERS Board of Administration (board) and other interested parties.

The pension funding information presented in this report should not be used in financial reports subject to Governmental Accounting Standards Board (GASB) Statement No. 68 for a Cost Sharing Employer Defined Benefit Pension Plan. A separate accounting valuation report for such purposes is available on the CalPERS website (www.calpers.ca.gov).

The measurements shown in this actuarial valuation may not be applicable for other purposes. The agency should contact the plan actuary before disseminating any portion of this report for any reason that is not explicitly described above.

Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; changes in actuarial policies; changes in plan provisions or applicable law; and differences between the required contributions determined by the valuation and the actual contributions made by the agency.

Assessment and Disclosure of Risk
This report includes the following risk disclosures consistent with the guidance of Actuarial Standard of Practice No. 51 and recommended by the California Actuarial Advisory Panel (CAAP) in the Model Disclosure Elements document:
• A “Scenario Test,” projecting future results under different investment income returns. • A “Sensitivity Analysis,” showing the impact on current valuation results using alternative discount rates of 5.8% and 7.8%.
• A “Sensitivity Analysis,” showing the impact on current valuation results assuming rates of mortality are 10% lower or 10% higher than our current post-retirement mortality assumptions adopted in 2021. • Plan maturity measures indicating how sensitive a plan may be to the risks noted above.

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 4 Required Contributions
Fiscal Year
Required Employer Contributions 2024-25
Employer Normal Cost Rate 13.31%
Plus
Required Payment on Amortization Bases1 $46,850
Paid either as
1) Monthly Payment $3,904.17
Or
2) Annual Prepayment Option* $45,334
The total minimum required employer contribution is the sum of the Plan’s Employer Normal Cost Rate (expressed as a percentage of payroll and paid as payroll is reported) plus the Employer Unfunded Accrued Liability (UAL) Contribution Amount (billed monthly (1) or prepaid annually (2) in dollars). * Only the UAL portion of the employer contribution can be prepaid (which must be received in full no later than July 31).

Fiscal Year Fiscal Year
2023-24 2024-25
Development of Normal Cost as a Percentage of Payroll
Base Total Normal Cost for Formula 18.76% 18.81%
Surcharge for Class 1 Benefits 2
a) FAC 1 0.63% 0.64%
b) PRSA 0.79% 0.79%
Phase out of Normal Cost Difference3 0.00% 0.00%
Plan’s Total Normal Cost 20.18% 20.24%
Offset Due to Employee Contributions 6.92% 6.93%
Employer Normal Cost Rate 13.26% 13.31%
1 The required payment on amortization bases does not take into account any additional discretionary payment made after April 28, 2023.
2 Section 2 of this report contains a list of Class 1 benefits and corresponding surcharges. 3 When a rate plan joins the pool, the difference in normal cost betw een the pool and the rate plan is phased out over a fiveyear period in accordance with the CalPERS contribution allocation policy.

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 5 Additional Discretionary Employer Contributions
The minimum required employer contribution towards the Unfunded Accrued Liability (UAL) for this rate plan for FY 2024-25 is $46,850. CalPERS allows agencies to make additional discretionary payments (ADPs) at any time and in any amount. These optional payments serve to reduce the UAL and future required contributions and can result in significant long-term savings. Agencies can also use ADPs to stabilize annual contributions as a fixed dollar amount, percent of payroll or percent of revenue.

Provided below are select ADP options for consideration. Making such an ADP during FY 2024-25 does not require an ADP be made in any future year, nor does it change the remaining amortization period of any portion of unfunded liability. For information on permanent changes to amortization periods, see the “Amortization Schedule and Alternatives” section of the report.

Agencies considering making an ADP should contact CalPERS for additional information.

Minimum Required Employer Contribution for Fiscal Year 2024-25 Estimated
Normal Cost
Minimum UAL
Payment
ADP Total UAL
Contribution
Estimated Total
Contribution
$99,306 $46,850 $0 $46,850 $146,156
The minimum required contribution above is less than interest on the UAL. With no ADP the UAL is projected to increase over the following year. If the minimum UAL payment were split between interest and principal, the principal portion would be negative. This situation is referred to as negative amortization. If only the minimum required contribution is made, contributions are not expected to exceed interest on the UAL until FY 2027-28, as shown in the “Amortization Schedule and Alternatives” s ection of the report (see columns labeled “Current Amortization Schedule”).

Fiscal Year 2024-25 Employer Contribution Necessary to Avoid Negative Amortization Estimated
Normal Cost
Minimum UAL
Payment
ADP1 Total UAL
Contribution
Estimated Total
Contribution
$99,306 $46,850 $59,223 $106,073 $205,379

Alternative Fiscal Year 2024-25 Employer Contributions for Greater UAL Reduction Funding
Horizon
Estimated
Normal Cost
Minimum UAL
Payment
ADP1 Total UAL
Contribution
Estimated Total
Contribution
20 years $99,306 $46,850 $98,112 $144,962 $244,268
15 years $99,306 $46,850 $122,261 $169,111 $268,417
10 years $99,306 $46,850 $173,195 $220,045 $319,351
5 years $99,306 $46,850 $331,559 $378,409 $477,715
1 The ADP amounts are assumed to be made in the middle of the fiscal year. A payment made earlier or later in the fiscal year w ould have to be less or more than the amount show n to have the same effect on the UAL amortization.

Note that the calculations above are based on the projected UAL as of June 30, 2024 as determined in the June 30, 2022 actuarial valuation. New unfunded liabilities can emerge in future years due to assumption or method changes, changes in plan provisions , and actuarial experience different than assumed. Making an ADP illustrated above for the indicated number of years will not result in a plan that is exactly 100 % funded in the indicated number of years. Valuation results will vary from one year to the next and can diverge significantly from projections over a period of several years .

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 6 Funded Status – Funding Policy Basis
The table below provides information on the current funded status of the plan under the funding policy. The funded status for this purpose is based on the market value of assets relative to the funding target produced by the entry age actuarial cost method and actuarial assumptions adopted by the board. The actuarial cost method allocates the total expected cost of a member’s projected benefit (Present Value of Benefits) to individual years of service (the Normal Cost). The value of the projected benefit that is not allocated to future service is referred to as the Accrued Liability and is the plan’s funding target on the valuation date. The Unfunded Accrued Liability (UAL) equals the funding target minus the assets. The UAL is an absolute measure of funded status and can be viewed as employer debt. The funded ratio equals the assets divided by the funding target. The funded ratio is a relative measure of the funded status and allows for comparisons between plans of different sizes.

A funded ratio of 100% (UAL of $0) implies that the funding of the plan is on target and that future contributions equal to the normal cost of the active plan members will be sufficient to fully fund all retirement benefits if future experience matches the actuarial assumptions. A funded ratio of less than 100% (positive UAL) implies that in addition to normal costs, payments toward the UAL will be required. Plans with a funded ratio greater than 100% have a negative UAL (or surplus) but are required under current law to continue contributing the normal cost in most cases, preserving the surplus for future contingencies.

Calculations for the funding target reflect the expected long-term investment return of 6.8%. If it were known on the valuation date that future investment returns will average something greater/less than the expected return, calculated normal costs and accrued liabilities provided in this report would be less/greater than the results shown. Therefore, for example, if actual average future returns are less than the expected return, calculated normal costs and UAL contributions will not be sufficient to fully fund all retirement benefits. Under this scenario, required future normal cost contributions will need to increase from those provided in this report, and the plan will develop unfunded liabilities that will also add to required future contributions. For illustrative purposes, funded statuses based on a 1% lower and higher average future investment return (discount rate) are as follows:

The “Risk Analysis” section of the report provides additional information regarding the sensitivity of valuation results to the expected investment return and other factors. Also provided in that section are measures of funded status that are appropriate for assessing the sufficiency of plan assets to cover estimated termination liabilities.

June 30, 2021 June 30, 2022

1. Present Value of Benefits $11,898,282 $12,412,835

2. Entry Age Accrued Liability 10,566,496 11,121,285

3. Market Value of Assets (MVA) 8,792,647 7,996,289

4. Unfunded Accrued Liability (UAL) [(2) – (3)] $1,773,849 $3,124,996

5. Funded Ratio [(3) / (2)] 83.2% 71.9%
1% Lower
Average Return
Current
Assumption
1% Higher
Average Return
Discount Rate 5.8% 6.8% 7.8%

1. Entry Age Accrued Liability $12,420,848 $11,121,285 $10,029,988

2. Market Value of Assets (MVA) 7,996,289 7,996,289 7,996,289

3. Unfunded Accrued Liability (UAL) [(1) – (2)] $4,424,559 $3,124,996 $2,033,699

4. Funded Ratio [(2) / (1)] 64.4% 71.9% 79.7%

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 7 Projected Employer Contributions
The table below shows the required and projected employer contributions (before cost sharing) for the next six fiscal years. The projection assumes that all actuarial assumptions will be realized and that no further changes to assumptions, contributions, benefits, or funding will occur during the projection period. In particular, the investment return beginning with FY 2022-23 is assumed to be 6.80% per year, net of investment and administrative expenses. Future contribution requirements may differ significantly from those shown below. The actual long-term cost of the plan will depend on the actual benefits and expenses paid and the actual investment experience of the fund.

Required
Contribution
Projected Future Employer Contributions
(Assumes 6.80% Return for Fiscal Year 2022-23 and Beyond) Fiscal Year 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30 Rate Plan 1722 Results
Normal Cost % 13.31% 13.3% 13.3% 13.3% 13.3% 13.3%
UAL Payment $46,850 $78,000 $108,000 $139,000 $170,000 $170,000 For ongoing plans, investment gains and losses are amortized using a 5-year ramp up. For more information, please see “Amortization of the Unfunded Actuarial Accrued Liability” under “Actuarial Methods” in Appendix A of the Section 2 Report. This method phases in the impact of the change in UAL over a 5-year period in order to reduce employer cost volatility from year to year. As a result of this methodology, dramatic changes in the required employer contributions in any one year are less likely. However, required contributions can change gradually and significantly over the next five years. In years when there is a large investment loss, the relatively small amortization payments during the ramp up period could result in contributions that are less than interest on the UAL (i.e. negative amortization) while the contribution impact of the increase in the UAL is phased in.

The required contribution for FY 2024-25 is less than interest on the UAL, a situation referred to as negative amortization, as explained in the “Additional Discretionary Employer Contributions” section earlier in this report.

If only the minimum required contribution is made, contributions are not expected to exceed interest on the UAL until FY 2027-28, as shown in the “Amortization Schedule and Alternatives” section of the report (see columns labelled “Current Amortization Schedule”).

For projected contributions under alternate investment return scenarios, please see the “Future Investment Return Scenarios” in the “Risk Analysis” section. Our online pension plan projection tool, Pension Outlook, is available in the Employers section of the CalPERS website. Pension Outlook can help plan and budget pension costs under various scenarios.

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 8 Other Pooled Miscellaneous Risk Pool Rate Plans
All of the results presented in this Section 1 report, except those shown on this page, correspond to rate plan 1722. In many cases, employers have additional rate plans within the same risk pool. For cost analysis and budgeting it is useful to consider contributions for these rate plans as a whole rather than individually. The estimated contribution amounts and rates for all of the employer’s rate plans in the Miscellaneous Risk Pool are shown below and assume that the total employer payroll within the Miscellaneous Risk Pool will grow according to the overall payroll growth assumption of 2.80% per year for three years. In a refinement since the prior year’s report, Classic members who are projected to terminate employment are assumed to be replaced by PEPRA members.

Fiscal Year Fiscal Year
2023-24 2024-25
Estimated Combined Employer Contributions for all Pooled Miscellaneous Rate Plans Projected Payroll for the Contribution Year $1,751,123 $1,942,791 Estimated Employer Normal Cost $185,911 $197,195
Required Payment on Amortization Bases $198,158 $49,844 Estimated Total Employer Contributions $384,069 $247,039 Estimated Total Employer Contribution Rate (illustrative only) 21.93% 12.72%

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 9 Cost
Actuarial Determination of Plan Cost
Contributions to fund the plan are comprised of two components:
• Normal Cost, expressed as a percentage of total active payroll • Amortization of the Unfunded Accrued Liability (UAL), expressed as a dollar amount For fiscal years prior to 2015-16, the Amortization of UAL component was expressed as a percentage of total active payroll. Starting with FY 2015-16, the Amortization of UAL component was expressed as a dollar amount and invoiced on a monthly basis. There is an option to prepay this amount during July of each fiscal year.

The Normal Cost component is expressed as a percentage of active payroll with employer and employee contributions payable as part of the regular payroll reporting process.

The determination of both components requires complex actuarial calculations. The calculations are based on a set of actuarial assumptions which can be divided into two categories:
• Demographic assumptions (e.g., mortality rates, retirement rates, employment termination rates, disability rates)
• Economic assumptions (e.g., future investment earnings, inflation, salary growth rates) These assumptions reflect CalPERS’ best estimate of future experience of the plan and are long term in nature.

We recognize that all assumptions will not be realized in any given year. For example, the investment earnings at CalPERS have averaged 6.9% over the 20 years ending June 30, 2022, yet individual fiscal year returns have ranged from -23.6% to +21.3%. In addition, CalPERS reviews all actuarial assumptions by conducting in-depth experience studies every four years, with the most recent experience study completed in 2021.

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 10 Changes Since the Prior Year’s Valuation
Benefits
The standard actuarial practice at CalPERS is to recognize mandated legislative benefit changes in the first annual valuation following the effective date of the legislation. Voluntary benefit changes by plan amendment are generally included in the first valuation that is prepared after the amendment becomes effective, even if the valuation date is prior to the effective date of the amendment.

This valuation generally reflects plan amendments effective before the date of the report. Please refer to the “Plan’s Major Benefit Options” in this report and Appendix B of the Section 2 Report for a summary of the plan provisions used in this valuation.

In 2022, SB 1168 increased the standard retiree lump sum death benefit from $500 to $2,000 for any death occurring on or after July 1, 2023. For pooled plans this is a Class 3 benefit and there is no normal cost surcharge.

The impact on the unfunded liability is included in the pool’s (gain)/loss.

Actuarial Methods and Assumptions
There are no significant changes to the actuarial methods or assumptions for the June 30, 2022 actuarial valuation.

Subsequent Events
This actuarial valuation report reflects fund investment return through June 30, 2022 and statutory/regulatory changes and board actions through January 2023.

During the time period between the valuation date and the publication of this report, inflation has been significantly higher than the expected inflation of 2.3% per annum. Since inflation influences cost-of-living increases for retirees and beneficiaries and active member pay increases, higher inflation is likely to put at least some upward pressure on contribution requirements and downward pressure on the funded status in the June 30, 2023 valuation. The actual impact of higher inflation on future valuation results will depend on, among other factors, how long higher inflation persists. At this time, we continue to believe the long-term inflation assumption of 2.3% is appropriate.

To the best of our knowledge, there have been no other subsequent events that could materially affect current or future certifications rendered in this report.

Assets and Liabilities
• Breakdown of Entry Age Accrued Liability
• Allocation of Plan’s Share of Pool’s Experience/Assumption Change • Development of Plan’s Share of Pool’s Market Value of Assets • Schedule of Amortization Bases
• Amortization Schedule and Alternatives
• Employer Contribution History
• Funding History

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 12 Breakdown of Entry Age Accrued Liability
Active Members $2,661,482
Transferred Members 451,584
Separated Members 345,392
Members and Beneficiaries Receiving Payments 7,662,827
Total $11,121,285
Allocation of Plan’s Share of Pool’s Experience/Assumption Change
It is the policy of CalPERS to ensure equity within the risk pools by allocating the pool’s experience gains/losses and assumption changes in a manner that treats each employer equitably and maintains benefit security for the members of the System while minimizing substantial variations in employer contributions. The Pool’s experience gains/losses and impact of assumption/method changes is allocated to the plan as follows:

1. Plan’s Accrued Liability $11,121,285

2. Projected UAL Balance at 6/30/2022 1,711,683

3. Other UAL Adjustments (Golden Handshake, Prior Service Purchase, etc.) 0

4. Adjusted UAL Balance at 6/30/2022 for Asset Share 1,711,817

5. Pool’s Accrued Liability1 22,021,735,002

6. Sum of Pool’s Individual Plan UAL Balances at 6/30/20221 2,453,954,297

7. Pool’s 2021-22 Investment (Gain)/Loss1 2,614,071,182

8. Pool’s 2021-22 Non-Investment (Gain)/Loss1 309,490,972

9. Plan’s Share of Pool’s Investment (Gain)/Loss: [(1) - (4)] ÷ [(5) - (6)] × (7) 1,257,016

10. Plan’s Share of Pool’s Non-Investment (Gain)/Loss: (1) ÷ (5) × (8) 156,297

11. Plan’s New (Gain)/Loss as of 6/30/2022:(9) + (10) 1,413,313

12. Increase in Pool’s Accrued Liability due to Change in Assumptions1 0

13. Plan’s Share of Pool’s Change in Assumptions: (1) ÷ (5) × (12) 0

14. Increase in Pool’s Accrued Liability due to Funding Risk Mitigation1 0

15. Plan’s Share of Pool’s Change due to Funding Risk Mitigation: (1) ÷ (5) × (14) 0

16. Offset due to Funding Risk Mitigation 0

17. Plan’s Investment (Gain)/Loss: (9) – (16) 1,257,016 1 Does not include plans that transferred to Pool on the valuation date.

Development of the Plan’s Share of Pool’s Market Value
of Assets

18. Plan’s UAL: (2) + (3) + (11) + (13) + (15) $3,124,996

19. Plan’s Share of Pool’s MVA: (1) - (18) $7,996,289

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 13 Schedule of Amortization Bases
Below is the schedule of the plan’s amortization bases. Note that there is a two-year lag between the valuation date and the start of the contribution year. • The assets, liabilities, and funded status of the plan are measured as of the valuation date: June 30, 2022. • The required employer contributions determined by the valuation are for the fiscal year beginning two years after the valuati on date: FY 2024-25.

This two-year lag is necessary due to the amount of time needed to extract and test the membership and financial data, and the need to provide public agencies with their required employer contribution well in advance of the start of the fiscal year.

The Unfunded Accrued Liability (UAL) is used to determine the employer contribution and therefore must be rolled forward two years from the valuation date to the first day of the fiscal year for which the contribution is being determined. The UAL is rolled forward each year by subtracting the expected payment on the UAL for the fiscal year and adjusting for interest. The expected payment for the first fiscal year is determined by the actuarial valuation two years ago and the contribution for the second year is from the actuarial valuation one year ago. Additional discretionary payments are reflected in the Expected Payments column in the fiscal year they were made by the agency.

Reason for Base
Date
Est.

Ramp
Level
2024-25
Ramp
Shape
Escalation
Rate
Amort.

Period
Balance
6/30/22
Expected
Payment
2022-23
Balance
6/30/23
Expected
Payment
2023-24
Balance
6/30/24
Minimum
Required
Payment
2024-25
Side Fund
2013 or
Prior No Ramp 2.80% 0 4,276 4,419 0 0 0 0
Investment (Gain)/Loss 6/30/13 100% Up/Dow n 2.80% 1 866,665 895,647 0 0 0 0 Non-Investment (Gain)/Loss 6/30/13 100% Up/Dow n 2.80% 1 (8,523) (8,808) 0 0 0 0 Share of Pre-2013 Pool UAL 6/30/13 No Ramp 2.80% 1 522,707 540,186 0 0 0 0 Assumption Change 6/30/14 100% Up/Dow n 2.80% 1 393,884 407,055 0 0 0 0 Investment (Gain)/Loss 6/30/14 100% Up/Dow n 2.80% 1 (698,560) (721,920) 0 0 0 0 Non-Investment (Gain)/Loss 6/30/14 100% Up/Dow n 2.80% 1 761 786 0 0 0 0 Investment (Gain)/Loss 6/30/15 100% Up/Dow n 2.80% 1 446,928 461,873 0 0 0 0 Non-Investment (Gain)/Loss 6/30/15 100% Up/Dow n 2.80% 1 (36,053) (37,259) 0 0 0 0 Assumption Change 6/30/16 100% Up/Dow n 2.80% 1 165,151 170,674 0 0 0 0 Investment (Gain)/Loss 6/30/16 100% Up/Dow n 2.80% 1 507,881 524,866 0 0 0 0 Non-Investment (Gain)/Loss 6/30/16 100% Up/Dow n 2.80% 1 (68,827) (71,129) 0 0 0 0 Assumption Change 6/30/17 100% Up/Dow n 2.80% 1 196,555 203,128 0 0 0 0 Investment (Gain)/Loss 6/30/17 100% Up/Dow n 2.80% 1 (292,288) (302,062) 0 0 0 0 Non-Investment (Gain)/Loss 6/30/17 100% Up/Dow n 2.80% 1 (14,966) (15,466) 0 0 0 0 Assumption Change 6/30/18 100% Up/Dow n 2.80% 1 317,310 327,921 0 0 0 0 Investment (Gain)/Loss 6/30/18 100% Up/Dow n 2.80% 1 (90,270) (93,289) 0 0 0 0 Method Change 6/30/18 100% Up/Dow n 2.80% 1 86,678 89,577 0 0 0 0 Non-Investment (Gain)/Loss 6/30/18 100% Up/Dow n 2.80% 1 38,147 39,422 0 0 0 0 Non-Investment (Gain)/Loss 6/30/19 No Ramp 0.00% 1 41,915 43,317 0 0 0 0

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 14 Schedule of Amortization Bases (continued)
Reason for Base
Date
Est.

Ramp
Level
2024-25
Ramp
Shape
Escalation
Rate
Amort.

Period
Balance
6/30/22
Expected
Payment
2022-23
Balance
6/30/23
Expected
Payment
2023-24
Balance
6/30/24
Minimum
Required
Payment
2024-25
Investment (Gain)/Loss 6/30/19 80% Up Only 0.00% 1 42,786 44,217 0 0 0 0 Investment (Gain)/Loss 6/30/20 60% Up Only 0.00% 1 201,685 208,430 0 0 0 0 Non-Investment (Gain)/Loss 6/30/20 No Ramp 0.00% 1 36,172 37,382 0 0 0 0 Assumption Change 6/30/21 No Ramp 0.00% 1 39,075 40,381 0 0 0 0 Net Investment (Gain) 6/30/21 40% Up Only 0.00% 1 (935,625) (966,914) 0 0 0 0 Non-Investment (Gain)/Loss 6/30/21 No Ramp 0.00% 1 (45,628) (47,154) 0 0 0 0 Risk Mitigation 6/30/21 No Ramp 0.00% 0 275,118 284,319 0 0 0 0 Risk Mitigation Offset 6/30/21 No Ramp 0.00% 0 (281,271) (290,677) 0 0 0 0 Investment (Gain)/Loss 6/30/22 20% Up Only 0.00% 20 1,257,016 0 1,342,493 0 1,433,783 30,819 Non-Investment (Gain)/Loss 6/30/22 No Ramp 0.00% 20 156,297 0 166,925 0 178,276 16,031 Total 3,124,996 1,768,922 1,509,418 0 1,612,059 46,850
The (gain)/loss bases are the plan’s allocated share of the risk pool’s (gain)/loss for the fiscal year as disclosed in “Allocation of Plan’s Share of Pool’s Experience/Assumption Change” earlier in this section. These (gain)/loss bases will be amortized in accordance with the CalPERS amortization policy in effect at the time the base was established.

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 15 Amortization Schedule and Alternatives
The amortization schedule on the previous page(s) shows the minimum contributions required according to the CalPERS amortization policy. Many agencies have expressed a desire for a more stable pattern of payments or have indicated interest in paying off the unfunded accrued liabilities more quickly than required. As such, we have provided alternative amortization schedules to help analyze the current amortization schedule and illustrate the potential savings of accelerating unfunded liability payments.

Shown on the following page are future year amortization payments based on 1) the current amortization schedule reflecting the individual bases and remaining periods shown on the previous page, and 2) alternative “fresh start” amortization schedules using two sample periods that would both result in interest savings relative to the current amortization schedule. To initiate a fresh start, please contact the plan actuary.

The Current Amortization Schedule typically contains both positive and negative bases. Positive bases result from plan changes, assumption changes, method changes or plan experience that increase unfunded liability. Negative bases result from plan changes, assumption changes, method changes, or plan experience that decrease unfunded liabili ty. The combination of positive and negative bases within an amortization schedule can result in unusual or problematic circumstances in future years, such as:
• When a negative payment would be required on a positive unfunded actuarial liability; or • When the payment would completely amortize the total unfunded liability in a very short time period, and results in a large change in the employer contribution requirement.

In any year when one of the above scenarios occurs, the actuary will consider corrective action such as replacing the existing unfunded liability bases with a single “fresh start” base and amortizing it over an appropriate period.

The Current Amortization Schedule on the following page may appear to show that, based on the current amortization bases, one of the above scenarios will occur at some point in the future. It is impossible to know today whether such a scenario will in fact arise since there will be additional bases added to the amortization schedule in each future year. Should such a scenario arise in any future year, the actuary will take appropriate action based on guidelines in the CalPERS amortization policy.

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 16 Amortization Schedule and Alternatives (continued)
Alternate Schedules
Current Amortization
Schedule 20 Year Amortization 15 Year Amortization
Date Balance Payment Balance Payment Balance Payment
6/30/2024 1,612,059 46,850 1,612,059 144,962 1,612,059 169,111 6/30/2025 1,673,263 77,668 1,571,869 144,962 1,546,913 169,111 6/30/2026 1,706,779 108,487 1,528,946 144,962 1,477,337 169,111 6/30/2027 1,710,725 139,306 1,483,105 144,962 1,403,030 169,111 6/30/2028 1,683,090 170,125 1,434,146 144,962 1,323,670 169,111 6/30/2029 1,621,726 170,125 1,381,858 144,962 1,238,913 169,111 6/30/2030 1,556,190 170,125 1,326,015 144,962 1,148,393 169,111 6/30/2031 1,486,197 170,126 1,266,374 144,962 1,051,718 169,111 6/30/2032 1,411,443 170,125 1,202,678 144,962 948,469 169,111 6/30/2033 1,331,607 170,125 1,134,650 144,962 838,199 169,111 6/30/2034 1,246,342 170,125 1,061,997 144,962 720,430 169,111 6/30/2035 1,155,279 170,124 984,403 144,962 594,653 169,111 6/30/2036 1,058,025 170,126 901,533 144,962 460,323 169,111 6/30/2037 954,156 170,125 813,028 144,962 316,859 169,111 6/30/2038 843,224 170,124 718,504 144,962 163,639 169,111 6/30/2039 724,750 170,126 617,553 144,962
6/30/2040 598,218 170,125 509,737 144,962
6/30/2041 463,082 170,124 394,589 144,962
6/30/2042 318,758 170,125 271,611 144,962
6/30/2043 164,619 170,124 140,271 144,962
6/30/2044
6/30/2045
6/30/2046
6/30/2047
6/30/2048
6/30/2049
Total 3,094,310 2,899,240 2,536,665
Interest Paid 1,482,251 1,287,181 924,606
Estimated Savings 195,070 557,645

CALPERS ACTUARIAL VALUATION - June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 17

Employer Contribution History
The table below provides a recent history of the required and discretionary employer contributions for the plan.

The required amounts are based on the actuarial valuation from two years prior without subsequent adjustments, if any. Additional discretionary payments before July 1, 2019 or after April 28, 2023 are not included. [
Fiscal
Year
Employer
Normal Cost
Unfunded Liability
Payment ($)
Additional Discretionary
Payments
2016 - 17 9.558% $81,228 N/A
2017 - 18 9.599% 98,534 N/A
2018 - 19 10.152% 124,305 N/A
2019 - 20 10.868% 151,875 48,183
2020 - 21 11.746% 155,509 0
2021 - 22 11.60% 182,863 6,083
2022 - 23 11.61% 211,690 1,556,792
2023 - 24 13.26% 198,158
2024 - 25 13.31% 46,850
Funding History
The table below shows the recent history of the actuarial accrued liability, share of the pool’s market value of assets, unfunded accrued liability, funded ratio, and annual covered payroll.

Valuation
Date
Accrued
Liability
(AL)
Share of Pool’s
Market Value of
Assets (MVA)
Unfunded
Accrued Liability
(UAL)
Funded
Ratio
Annual
Covered
Payroll
06/30/2013 $6,485,216 $5,151,752 $1,333,464 79.4% $1,125,185 06/30/2014 7,304,613 6,119,235 1,185,378 83.8% 1,170,181 06/30/2015 7,682,992 6,154,736 1,528,256 80.1% 1,065,365 06/30/2016 8,071,132 5,998,676 2,072,456 74.3% 1,037,683 06/30/2017 8,616,660 6,566,461 2,050,199 76.2% 1,066,104 06/30/2018 9,330,830 6,944,991 2,385,839 74.4% 967,350
06/30/2019 9,743,032 7,275,840 2,467,192 74.7% 691,491
06/30/2020 10,117,235 7,470,097 2,647,138 73.8% 850,151 06/30/2021 10,566,496 8,792,647 1,773,849 83.2% 801,866 06/30/2022 11,121,285 7,996,289 3,124,996 71.9% 836,456

Risk Analysis
• Future Investment Return Scenarios
• Discount Rate Sensitivity
• Mortality Rate Sensitivity
• Maturity Measures
• Maturity Measures History
• Funded Status – Termination Basis

CalPERS Actuarial Valuation – June 30, 2022
Miscellaneous Plan of the City of Buellton
CalPERS ID: 7472860304
Rate Plan belonging to the Miscellaneous Risk Pool Page 19 Future Investment Return Scenarios
Analysis using the investment return scenarios from the Asset Liability Management process completed in 2021 was performed to determine the effects of various future investment returns on required employer contributions. The projections below reflect the impact of the CalPERS Funding Risk Mitigation policy. The projections also assume that all other actuarial assumptions will be realized and that no further changes in assumptions, contributions, benefits, or funding will occur.

The first table shows projected contribution requirements if the fund were to earn either 3.0% or 10.8% annually. These alternate investment returns were chosen because 90% of long-term average returns are expected to fall between them over the 20-year period ending June 30, 2042.

Required contributions outside of this range are also possible. In particular, whereas it is unlikely that investment returns will average less than 3.0% or greater than 10.8% over a 20-year period, the likelihood of a single investment return less than 3.0% or greater than 10.8% in any given year is much greater. The following analysis illustrates the effect of an extreme, single year investment return.

The portfolio has an expected volatility (or standard deviation) of 12.0% per year. Accordingly, in any given year there is a 16% probability that the annual return will be -5.2% or less and a 2.5% probability that the annual return will be -17.2% or less. These returns represent one and two standard deviations below the expected return of 6.8%.

The following table shows the effect of a one or two standard deviation investment loss in FY 2022-23 on the FY 2025-26 contribution requirements. Note that a single-year investment gain or loss decreases or increases the required UAL contribution amount incrementally for each of the next five years, not just one, due to the 5 - year ramp in the amortization policy. However, the contribution requirements beyond the first year are also impacted by investment returns beyond the first year. Historically, significant downturns in the market are often followed by higher than average returns. Such investment gains would offset the impact of these single year negative returns in years beyond FY 2025-26.

Assumed Annual Return for
Fiscal Year 2022-23
Required
Employer
Contributions
Projected
Employer
Contributions
2024-25 2025-26
(17.2)% (2 standard deviation loss)
Normal Cost Rate 13.31% 13.3%
UAL Contribution $46,850 $125,000
(5.2)% (1 standard deviation loss)
Normal Cost Rate 13.31% 13.3%
UAL Contribution $46,850 $101,000
• Without investment gains (returns higher than 6.8%) in FY 2023-24 or later, projected contributions rates would continue to rise over the next four years due to the continued phase-in of the impact of the illustrated investment loss in FY 2022-23.
• The Pension Outlook Tool can be used to model projected contributions for these scenarios beyond FY 2025-26 as well as to model other investment return scenarios .

Assumed Annual Return
FY 2022-23
through 2041-42
Projected Employer Contributions
2025-26 2026-27 2027-28 2028-29 2029-30

3.0% (5th percentile)
Normal Cost Rate 13.3% 13.3% 13.3% 13.3% 13.3%
UAL Contribution $85,000 $131,000 $184,000 $246,000 $285,000

10.8% (95th percentile)
Normal Cost Rate 13.6% 13.8% 14.1% 14.4% 14.6%
UAL Contribution $71,000 $89,000 $98,000 $99,000 $0