CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of March 28, 2024 – 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
CALL TO ORDER
Mayor Dave King
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members, Hudson Hornick, Elysia Lewis, John Sanchez, Vice Mayor David Silva, 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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 March 14, 2024 Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024
3. Receive and File the 2023 Annual Report on the Status of the General Plan (Staff Contact: Planning Director Andrea Keefer)
City Council Meeting Agenda Page 2 March 28, 2024
4. Monthly Treasurer’s Report – February 29, 2024
(Staff Contact: Finance Director Shannel Zamora)
PRESENTATIONS
PUBLIC HEARINGS (POSSIBLE ACTION)
5. Urgency Ordinance No. 24-02 – “An Urgency Ordinance of the City Council of the City of Buellton, California, Amending Chapter 19.02.210 of the Buellton Municipal Code, Pertaining to Permit Requirements and Appropriate Zones for Emergency Shelters (24-ZOA-01)”
(Staff Contact: Planning Director Andrea Keefer)
COUNCIL MEMBER COMMENTS/ITEMS
WRITTEN COMMUNICATIONS
Written communications are included in the agenda packets. Any Council Member, the City Manager, or City Attorney may request that a written communication be read into the record.
COMMITTEE REPORTS This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto.
BUSINESS ITEMS (POSSIBLE ACTION)
6. Ordinance No. 24-01 – “An Ordinance of the City Council of the City of Buellton, California, Adding Buellton Municipal Code Section 19.10.140 Providing for Certification for Review of Certain Discretionary Land Use Planning Proposals for Immediate City Council Consideration” (Second Reading)
(Staff Contact: Planning Director Andrea Keefer)
7. Discussion of Meals on Wheels Funding Issues
(Staff Contact: City Manager Scott Wolfe)
8. Discussion of South Ave of Flags Crosswalk Warrant
(Staff Contact: Public Works Director Rose Hess)
9. Discussion on Policy for Flying of Flags at City Facilities (Staff Contact: City Manager Scott Wolfe)
10. Determination of Employee Cost of Living Adjustment (COLA) for Fiscal Year 2024-25
(Staff Contact: Finance Director Shannel Zamora)
CITY MANAGER’S REPORT
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, April 11, 2024 at 6:00 p.m.
City Manager Review: SW
Council Agenda Item No.: 1
CITY OF BUELLTON
CITY COUNCIL MEETING MINUTES
Regular Meeting of March 14, 2024
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 Elysia Lewis and John Sanchez, Vice Mayor David Silva (Via Zoom), and Mayor Dave King
Absent: Council Member Hudson Hornick (Arrived 6:25 p.m.) Staff: City Manager Scott Wolfe, City Attorney Greg Murphy, Public Works Director Rose Hess, Finance Director Shannel Zamora, Planning Director Andrea Keefer, and City Clerk Linda Reid
REORDERING OF AGENDA
None
PUBLIC COMMENTS
A.J. Tarman, Buellton, thanked the Mayor and Council Members for bringing the part-time motor officer back to Buellton and requested a full-time motor officer. Mr. Tarman spoke about the Urban Growth Boundary and that new development will increase traffic.
Cristine Carreno, Buellton, spoke about the need for additional funding for Meals on Wheels and thanked the Mayor and Council Members for adding traffic enforcement in Buellton.
CONSENT CALENDAR
1. Minutes of February 22, 2024 Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024
City Council Meeting Minutes Page 2 March 14, 2024
3. Monthly Treasurer’s Report - January 31, 2024
4. Financial Report for the Second Quarter Ending December 31, 2023
5. Acceptance of Village Park Improvements Project
6. Award of Construction Contract for the SYVCO CDBG – 140 Highway 246 TI Projects – Heating/HVAC
7. Consideration of an Affordable Housing Agreement for the 430 & 440 Central Avenue Project
8. Contract with Kosmont Companies to Prepare Economic and Market Analysis Study to Support Comprehensive General Plan Update and Urban Growth Boundary Update
MOTION:
Motion by Council Member Sanchez, seconded by Council Member Lewis, approving Consent Calendar Items 1-8 as listed.
VOTE:
Motion passed by a roll call vote of 4-0.
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Silva – Yes
Mayor King – Yes
PRESENTATIONS
None
PUBLIC HEARINGS
9. Resolution No. 24-04 - “A Resolution of the City Council of the City of Buellton, California, Approving a One-Year Time Extension (24-TE-01) Request for Final Development Plan (16-FDP-06) Located at the Southern Terminus of Industrial Way on Assessor’s Parcel Number 099-690-048”
RECOMMENDATION:
That the City Council consider adoption of Resolution No. 24-04.
STAFF REPORT:
Planning Director Keefer presented the staff report.
SPEAKERS/DISCUSSION:
Mayor King opened the public hearing at 6:14 p.m.
City Council Meeting Minutes Page 3 March 14, 2024
John Dorwin, Buellton, requested that the City Council deny Resolution No. 24-04 and discussed the reasoning for his request.
Ed St. George, Santa Ynez, requested approval of Resolution No. 24-04 and expressed his interest in developing projects in Buellton.
After receiving no further public comments, Mayor King closed the Public Hearing at 6:19 p.m.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Sanchez approving Resolution No. 24-04 – “A Resolution of the City Council of the City of Buellton, California, Approving a One-Year Time Extension (24-TE-01) Request for Final Development Plan (16-FDP-06) Located at the Southern Terminus of Industrial Way on Assessor’s Parcel Number 099-690-048”
VOTE:
Motion passed by a roll call vote of 3-1, with Mayor King voting no.
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Silva – Yes
Mayor King – No
Council Member Hornick arrived at 6:25 p.m. and joined the meeting on the dais.
10. Ordinance No. 24-01 – “An Ordinance of the City Council of the City of Buellton, California, Adding Buellton Municipal Code Section 19.10.140 Providing for Certification for Review of Certain Discretionary Land Use Planning Proposals for Immediate City Council Consideration” (Introduction and First Reading) RECOMMENDATION:
That the City Council consider the introduction and first reading of Ordinance No. 24-01.
STAFF REPORT:
Planning Director Keefer presented the staff report.
SPEAKERS/DISCUSSION:
Mayor King opened the public hearing at 6:30 p.m. There being no public comment, Mayor King closed the Public Hearing at 6:31 p.m.
The City Council discussed the proposed ordinance and how it would allow the Council more latitude to get involved in planning issues that could benefit the City, if the City Manager and/or City Attorney feels that expedited Council review would be in the best interest of the City.
City Council Meeting Minutes Page 4 March 14, 2024
DOCUMENTS:
Staff report with attachments as listed in the staff report.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Hornick approving the introduction and first reading of Ordinance No. 24-01 – “An Ordinance of the City Council of the City of Buellton, California, Adding Buellton Municipal Code Section 19.10.140 (the second Revised version) Providing for Certification for Review of Certain Discretionary Land Use Planning Proposals for Immediate City Council Consideration” VOTE:
Motion passed by a roll call vote of 4-1, with Council Member Sanchez voting no.
Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – No
Vice Mayor Silva – Yes
Mayor King – Yes
COUNCIL MEMBER COMMENTS/ITEMS
Council Member Sanchez announced that he attended the Live Fast Rally on March 2, 2024 at Figueroa Mountain Brewing Company and said it was a great fundraising effort.
Vice Mayor Silva announced that he attended the Santa Ynez Valley Empty Bowls fundraising event and stated there are a lot of people in the Valley who are seeking food security.
Mayor King announced that a press conference was held at Buellton City Hall, involving the California Highway Patrol and the Santa Barbara County Sheriff’s Department to publicize increased traffic enforcement in Buellton and the return of the part-time motor officer.
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
Council Member Sanchez announced that he and Mayor King attended the Santa Ynez Valley Community Aquatics Foundation meeting and both provided an oral report for the record.
City Council Meeting Minutes Page 5 March 14, 2024
BUSINESS ITEMS
11. Review of Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2023
RECOMMENDATION:
That the City Council review and file the ACFR for Fiscal Year ended June 30, 2023.
STAFF REPORT:
Finance Director Zamora presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Adam Guise, CPA, with Moss, Levy & Hartzheim joined the discussion via Zoom and defined the meaning of an “unmodified opinion” and stated it is equivalent to a clean audit.
The City Council thanked Finance Director Zamora and Mr. Guise for their hard work on the ACFR.
DIRECTION:
The City Council agreed by consensus to receive and file the Annual Comprehensive Financial Report for Fiscal Year ended June 30, 2023.
12. Consideration of Appointment to the Planning Commission RECOMMENDATION:
That the City Council appoint a new member to the Planning Commission with the term of office expiring December 2024.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
DISCUSSION:
Mayor King requested that staff re-advertise the Planning Commission seat to seek more applicants, as one candidate dropped out on March 11, 2024. Council Member Lewis stated that the City Council should move forward with the Planning Commission interview process and not seek more candidates at this time, as the candidate who applied appears to be well qualified.
The City Council interviewed Mr. Contreras as to his background and how he can best serve the City’s Planning Commission.
The City Council thanked Mr. Contreras for applying for the Planning Commission seat and for his willingness to serve the City.
City Council Meeting Minutes Page 6 March 14, 2024
MOTION:
Motion by Council Member Lewis, seconded by Vice Mayor Silva, appointing Daniel Contreras to the Planning Commission with the term of office expiring December 2024.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor Silva – Yes
Mayor King – Yes
13. Resolution No. 24-05 - “A Resolution of the City Council of the City of Buellton, California, Regarding Mid-Year Budget Amendments for FY 2023-24” RECOMMENDATION:
That the City Council consider adoption of Resolution No. 24-05.
STAFF REPORT:
Finance Director Zamora presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
The City Council briefly discussed the budget amendments for FY 2023-24.
MOTION:
Motion by Council Member Hornick, seconded by Council Member Lewis, adopting Resolution No. 24-05 – “A Resolution of the City Council of the City of Buellton, California, Regarding Mid-Year Budget Amendments for FY 2023-24” VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor Silva – Yes
Mayor King - Yes
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.
City Council Meeting Minutes Page 7 March 14, 2024
ADJOURNMENT
Mayor King adjourned the regular meeting at 7:38 p.m. The next regular meeting of the City Council will be held on Thursday, March 28, 2024 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: March 28, 2024
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 03/02/2024 through 03/15/2024 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 03/02/2024 through 03/15/2024 was $670,974.69.
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 03/02/2024 through 03/15/2024.
ATTACHMENTS
Attachment 1 – Claims
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3
To: The Honorable Mayor and Council Members
From: Cara Miralles, Assistant Planner
Meeting Date: March 28, 2024
Subject: Receive and File the 2023 Annual Report on the Status of the General Plan
______________________________________________________________________________
BACKGROUND
Section 65400(a) of the California Government Code requires that an annual report be furnished to the City Council regarding the status of General Plan implementation.
Annual reports are due on April 1st of each year and must be submitted to the State Office of Planning and Research (“OPR”) and Department of Housing and Community Development (“HCD”). The 2023 Annual Report on the Status of the Buellton General Plan is attached (Attachment 1).
The Annual Report heavily focuses on progress made towards meeting the Regional Housing Needs Allocation (“RHNA”) in the Housing Element, which is the number of residential units and the percentage of affordable housing required to be accommodated every eight year cycle. This is done through State mandate that the City’s General Plan Housing Element must identify enough sites adequate for future development to meet this allocation. The number assigned to Buellton for 2023-2031 is 165 units, of which 74% are to be affordable. The City focuses on four primary means to accommodate RHNA goals: Accessory Dwelling Units (ADUs), Multifamily Infill, Mixed Use Development, and the Affordable Housing Overlay Zone (“AHOZ”).
In this reporting year, from January 1, 2023 – December 31, 2023, five applications for residential development were submitted, seven received entitlements, two developments were issued building permits, and one was completed and received final occupancy clearance. To date, the City has made significant progress in meeting its RHNA, and it is anticipated that residential units built in Buellton by the end of the 2023-2031 cycle will exceed the allocation of units needed for all income levels.
RECOMMENDATION
That the City Council receive and file the 2023 General Plan Annual Report and direct staff to file the Report with the State Housing and Community Development Department and Office of Planning and Research on such forms as dictated by the State of California.
2023 General Plan Annual Report Page 2 March 28, 2024
ATTACHMENT
Attachment 1 - City of Buellton 2023 General Plan Annual Report
CITY OF BUELLTON
Annual Report on Status of the General Plan and Programs in Support of Affordable Housing
Reporting Period 1/1/2023 through 12/31/2023
______________________________________________________________________________
BACKGROUND
By law, every community in California is required to adopt a General Plan as the policy framework by which to guide future growth and development. At a minimum, each such Plan must contain seven mandatory elements (Land Use, Circulation, Housing, Conservation, Open-Space, Noise and Safety). Once adopted, zoning and development regulations that follow must be consistent with the policies of the General Plan.
Section 65400(a) of the California Government Code requires that an annual report be furnished to the City Council regarding the status of General Plan implementation.
Annual reports are due on April 1st of each year and must be submitted to the State Office of Planning and Research (“OPR”), the Department of Housing and Community Development (“HCD”), and the Buellton City Council.
For Buellton, the annual report is also used as barometer in evaluating progress in meeting the City’s fair share of regional housing needs.
ANALYSIS
General Plan Overview: The Land Use Element was last revised in 2008. The Circulation, Conservation and Open Space, Economic Development, Noise, Parks and Recreation, Public Facilities and Services elements were revised in 2007. The Safety Element was last revised in 2017. A focused update of the Land Use and Circulation Elements was started in 2021 and will lend to the comprehensive General Plan update which is anticipated to be complete by 2026. The City updated its Housing Element in May of 2023. The updated Housing Element was certified by the State Housing and Community Development Department on August 1, 2023. This report is based on the 2023-2031 Housing Element Update. The complete Buellton 2025 General Plan is available for review on the City’s website,
https://cityofbuellton.com/departments/planning.php. Copies are also available by contacting the Planning Department at 805-688-7474.
Housing Element Overview: The Regional Housing Needs Allocation (“RHNA”) process is part of a statewide mandate to address housing needs related to future growth in the State. The needs assessment process sets numeric targets for each jurisdiction with the overriding goal of assuring an equitable geographic distribution of needs and responsibilities. The number assigned to the City of Buellton for 2023-2031 is 165 units, of which 74% are allocated to be affordable units (55 units for very-low income households, 37 low income, 30 moderate income, and 43 above-moderate income units).
City of Buellton Page 2 Reporting Period
2023 Annual General Plan Progress Report 1/1/23 to 12/31/23 The 2023 Housing Element relies upon four basic means by which to address the City’s RHNA goals: the Affordable Housing Overlay Zone (“AHOZ”), Accessory Dwelling Units (“ADUs”), Multi-Family Infill, and Mixed Use Development. Of these, the establishment of an AHOZ is viewed as the principal means for accommodating the City’s RHNA goals.
Ordinance No. 05-05 was adopted by the City Council in 2005, and established the AHOZ sites and development standards. The 2023 Housing Element has kept the AHOZ program in place and is the basis for the “Adequate Sites” requirement. In summary, the AHOZ allows “stand alone” residential projects irrespective of the underlying zone designation with a minimum base density of 25 units/acre, and imposes an inclusionary requirement, mandating that at least 20% of the base density be affordable to very low, low and/or moderate income households, based on RHNA needs. The AHOZ ordinance also institutes a bifurcated land use entitlement process that allows for streamlined processing for projects that meet specified criteria.
To date, two AHOZ sites have been fully developed as residential. The first, Juliette Walk on Site V completed in 2009, consists of 44 condominium units of which four are affordable to very-low income households and three are affordable to low income. The second AHOZ project, Avenue Heights Apartments on Site X, was completed in 2017 and consists of 62 apartment units of which five are affordable to very-low income households, four to low income, and three to moderate income. Two AHOZ sites have been entitled or developed with commercial uses. These sites include a portion of Site IX, entitled with the Waypoint project, and Site XI, developed with the Hampton Inn. In 2022, two more AHOZ sites were approved with 100% affordable multi-family residential projects. Buellton Garden Apartments on the remaining portion of Site IX and Polo Village on Site IV, which will both be detailed further below. The remaining four sites, Sites I, II, III, and VII, are undeveloped or underdeveloped and are available for development. Based on the historical performance of the AHOZ, the location of each site, and developer interest to date, Site II is expected to be developed with 100% residential uses and could accommodate a total of 375 units. In the 2023 Housing Element, Site VII was expected to be developed with mixed residential and commercial uses, and is therefore projected to accommodate the development of 14 residential units. The potential for residential development on AHOZ Sites I and III is a bit more speculative and thus no residential development has been assumed for those sites within the 2023-2031 planning period.
Housing Performance Assessment: In compliance with State reporting requirements, a general accounting of applications submitted, project entitlements, building permits issued and construction completed during the current Housing Element cycle is set forth in Tables A and A2. During this first year of reporting under the 2023 Housing Element, 5 residential development applications were submitted (all ADUs), 5 ADUs were entitled, 4 ADUs received building permits, and one ADU received final occupancy clearance.
The City’s Housing Element has determined ADUs to be affordable to moderate income households, and therefore counted as moderate income units for RHNA purposes. In 2023, the Polo Village project received entitlements and was issued building permits. The project will provide 33 very-low units, 15 low units, and 1 above-moderate manager’s
City of Buellton Page 3 Reporting Period
2023 Annual General Plan Progress Report 1/1/23 to 12/31/23 unit. This project will also provide replacement housing for tenants currently occupying the single-room occupancy (SRO) units in the Avenue of Flags motels as redevelopment along the Avenue happens. Buellton Garden Apartments, received entitlements in the reporting year 2023 and will provide 58 units to very-low income households, 30 units to low income households and 1 above moderate income manager’s unit, with 24 units reserved for Farmworkers.
Table B shows progress made towards meeting the City’s RHNA, which includes all units that have been issued building permits in the 2023-2031 cycle. With the ADU and Polo Village projects having been issued building permits in 2023, the total remaining RHNA is 22 very-low, 22 low, 26 moderate, and 42 above-moderate income units. The Buellton Garden Apartments project will exceed the number of very-low and low income units allocated, and is expected to receive building permits in 2024. ADUs have seen a large increase in interest and development since 2020, and are expected to help meet a significant portion of the moderate income allocation. Pipeline projects, including Creekside Village and The 518, are anticipated to exceed the above-moderate income allocation.
Table C is not applicable this reporting year, and regards Senate Bill 166, the “No Net Loss Law” which became effective January 1, 2019. The bill requires that any action resulting in a parcel being developed with fewer residential units than identified in the current Housing Element would not result in a shortage of adequate sites to accommodate RHNA, or if it would, that additional adequate sites must be identified to make up for that shortfall. This is not expected to occur however, as the City has identified enough adequate sites to accommodate a surplus of 596 units over and above the 2023-2031 RHNA.
The City is in the process of implementing the programs in the adopted 2023 Housing Element, shown in Table D.
Tables E through J were not applicable during the 2023 reporting year. Table K reports on local Tenant Preference Policy, which Buellton currently does not have.
LEAP Reporting: The Annual Progress Report is also required to report on the Local Early Action Planning (LEAP) Grant (see the last table, titled “LEAP Reporting”). The City was awarded $65,000 in funding through this grant on December 17, 2020, and a Standard Agreement between the City and the Department of Housing and Community Development (HCD) was executed on March 11, 2021. Funding has been fully expended as of the end of 2023 for three tasks: 1) the implementation of a Pre-Designed ADU Plans Program; 2) increasing the City’s capacity to store and share electronic development plan files, and; 3) completion and adoption of the 2023 Housing Element. The Pre-Designed ADU Plans program is expected to be available to the public in April 2024. The Planning Department has been utilizing Microsoft OneDrive for storage and sharing capacity of electronic plans and documents, and will continue to do so under General Funds as LEAP funds allocated to this line item were spent. Lastly, the 2023 Housing Element Update was adopted and certified in 2023, with the Element’s Housing Plan currently being implemented.
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by
project
Total
DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 5 0 5 5 0 099-480-006 224 Second
Street 23-ZC-07 ADU R 4/12/2023 1 1 1 NONE No N/A Approved Ministerial 137-213-001 492 Freear Drive 23-ZC-20 ADU R 7/26/2023 1 1 1 NONE No N/A Approved Ministerial 099-390-042 487 Calor Drive 23-ZC-26 ADU R 9/1/2023 1 1 1 NONE No N/A Approved Ministerial 099-262-007 230 Central
Avenue 22-ZC-44 ADU R 5/19/2023 1 1 1 NONE No N/A Approved Ministerial 099-810-023 547 Cliffrose
Lane .
22-ZC-53 ADU R 1/13/2023 1 1 1 NONE No N/A Approved Ministerial Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Table A2 cont.
Table A2 cont.
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
02/14/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - 33 - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - 15 - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 1 3 - - - - - - - -
Above Moderate 43 - 1 - - - - - - - - 1 42
165
1 52 - - - - - - - - 53 112
5 6 7
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units to
Date
Total Units
Remaining
28 15 - - - - - - - - 15 13
22 Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 26 33
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
4 Moderate
55 37
30 Please contact HCD if your data is different than the material supplied here 15 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
22
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Buellton
Reporting
Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of
Program Objective Timeframe in H.E Status of Program Implementation
1.a
Update the Affordable Housing Ordinance
(AHO) to reflect the 2023-2031 RHNA
allocation.
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
1.b
Keep the existing Affordable Housing Overlay
Zone (AHOZ) sites in the AHOZ inventory. Sites
shall continue to have a minimum density of 25
units per acre to ensure affordability. If approval
of a project will result in a shortfall in the City’s
RHNA capacity, the City shall make a finding
that either replacement sites have been
identified or other acreage will be rezoned to
make up the shortfall within 6 months of
approving the project.
Rezone within 6 months if warranted by
approval of a project
Program continues to be implemented and monitored. No shortfall in RHNA capacity has resulted thus far.
To ensure that the City maintains compliance
with SB 166 (No Net Loss), the City will
continue to track:
Ongoing findings as a part of the
develop-ment review process. Compliance with SB 166 continues to be met. · Unit count and income/affordability
assumed for Pipeline Projects, ADUs and
other sites included in the sites inventory.
Annual compilation of results, as a part of
Housing Element Annual Progress
Reports.
Unit count and affordability for Pipeline Projects is on track.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
1.c
· Actual units constructed and
income/ affordability when parcels are
developed.
If the City falls short of adequate capacity
to accommodate the RHNA as a result of
either one or a combination of the
following, (1) net loss in site capacity, (2)
pipeline projects are not anticipated to be
complete in the planning period or (3)
ADUs are not permitted as anticipated,
within 6 months additional sites will be
identified and, if needed, rezoned.
Actual units constructed and affordability for 2023 are identified in this Annual Progress Report.
· Net change in capacity and summary
of remaining capacity in meeting remaining
Regional Housing Needs Allocation (RHNA).
No net change in RHNA capacity.
· In addition, the City will make no net
loss findings at the time of project approval
and require replacement units when required
by state law.
No net loss findings have not been required thus far.
Continue to implement and update, as needed,
affordable housing development incentives,
including:
ADU pre-approved plans and expedited
review by the end of 2023.
.
· ADU pre-approved plans and
expedited review time of 2 weeks
Proactive outreach to developers annually
beginning in 2024.
ADU Pre-Approved Plans are anticipated to be available to the public in April 2024.
· Proactive outreach to developers
about available incentives.
Remainder by the end of 2026, consistent
with Zoning Code Update
Proactive outreach to developers will be provided annually per Programs 1.d,
4.a, 4.d, and 7.b starting in 2024
· Traffic impact fee reduction for
affordable units Traffic impact fee reduction for affordable units continues to be given · Streamlined environmental
review for AHOZ projects
Streamlined environmental review for AHOZ projects continues to be provided for applicable projects
· Expanded capacity for complete
electronic submittal and review using
LEAP grant funds
Capacity for complete electronic submittals has been implemented and will continue indefinitetly under City General Funds
· Density bonuses in the City’s
inclusionary zoning ordinance for
affordable projects
Density bonuses continue to be granted for applicable projects
1.c
1.d
1.e
Review and revise RM (Multifamily Residential)
development standards including but not limited
to site coverage, open space, and landscaping
to address constraints to multi-family residential
development
As part of the comprehensive zoning code
update scheduled for 2026, the City will
revise the RM development standards to
ensure maximum allowable densities are
achievable.
To be reviewed as part of the 2025-2026 comprehensive zoning code update
2.a Update the City’s ADU ordinance in accordance
with state law. By the end of 2023 ADU ordinance update is anticipated to go before the City Council in April 2024
2.b
Monitor state ADU law to ensure the City’s
ordinance is compliant. Amend the City’s
ordinance within 12 months of new laws
becoming effective.
Annually Continues to be monitored with annual legislative updates Promote ADUs with the goal of developing at
least four affordable units each year: Objective has been met with 4 ADUs issued building permits in 2023 · Provide ADU pre-approved plans. ADU Pre-Approved Plans are anticipated to be available in April 2024. · Implement expedited reviews of
ADUs. Expedited 2 week review for ADUs continues to be implemented · Provide information on state ADU
law and ADU resources on the City’s
web page.
ADU Brochure is up on the City's webpage
2.d
Provide technical assistance to homeowners at
the City’s Zoning Counter and expedite the
review of ADU applications.
Ongoing Technical assistance and expedited review continue to be provided
2.c By the end of 2023.
2.e
The City will periodically (at least quarterly)
examine available data sources to obtain
current market rents for rental properties within
the region that are reasonably comparable to
typical ADUs within the City. Based upon this
and other available data, an “average rental
price” per square foot in the community would
be determined. This price would be applied to
anticipated average sizes of ADUs and JADUs
built within the community in order to estimate
the anticipated affordability of these units. The
City has a monitoring program to annually track
ADU and JADU creation, which provides source
data to determine average unit sizes.
Quarterly
Regionwide County ADU Survey is currently underway, which will show actual average rental prices. Quarterly reports on estimated current market rates for ADUs anticipated to be completed in January, April, July, and October of every year starting April 2024.
3.a
Amend the Zoning Ordinance to address
changes to state law including AB 101 (Low
Barrier Navigation Center), AB 2162
(Supportive Housing), AB 139 (Emergency and
Transitional Housing), and SB 745 (Transitional
and Supportive Housing) to permit such uses in
all zones allowing residential uses and only
subject to the requirements of other residential
uses of the same form in the same zone and to
amend the Emergency Shelter spacing
standards in Section 19.06.260 (Emergency
Shelters) from 500 feet to 300 feet and the
parking standards to require sufficient parking
to accommodate all staff working in the
emergency shelter, provided that the standards
do not require more parking for emergency
shelters than other residential or commercial
uses within the same zone .
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
3.b
Amend the Zoning Ordinance to include
Employee Housing up to six persons as a byright residential use type in single family residential zones and Farmworker Housing as a
by-right residential use type in zones that allow
agricultural activities.
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
3.c
Amend the Zoning Ordinance to defer to
current state law, so it retains consistency with
California Density Bonus Law requirements
over time.
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
3.d
Amend Section 19.16.013 (Affordable Housing
Overlay Zone) to remove any conflicts with the
provisions of SB 35 (Streamlined Affordable
Housing).
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
3.e
Adopt a Reasonable Accommodation ordinance
to facilitate the development of housing for
people with disabilities by making
accommodations in land use and zoning
procedures regulating the siting, funding, and
development of housing (see also Section D.1).
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
3.f
Establish objective design standards for multifamily projects that are 20% affordable, as required by Government Code §65589.5, to
minimize the time and cost associated with the
permit review process.
By the end of 2024 Anticipated to be completed by the end of 2024.
3.g
Amend Chapter 19.06 to add Residential Care
Homes, Seven or More Clients as a use
allowed in all residential zones and apply the
standards and procedures similar to other
residential uses of the same form in the same
zone, inclusive of the objective MUP findings of
Section 19.08.110 (Minor and conditional use
permits)
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
3.h
Amend Chapter 19.06 (Specific Use
Requirements) to remove Section 19.06.110
(Mobilehomes on foundations) to ensure
mobilehomes on foundations are subject to the
same development standards as single family
homes.
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
3.i
Establish “Manufactured Housing” as a defined
residential use type that is treated in the same
manner as single-family residential
developments.
By the end of 2023 Included in Zoning Code Amendments anticipated to go before the City Council in April 2024
Coordinate with regional partners and agencies
to conduct outreach to nonprofit developers,
employers, and other related organizations to
explore funding and incentives and to identify
specific development opportunities for
extremely low income housing, including but not
limited to:
Facilitate the development of 20 affordable
units over the 8-year planning cycle,
including 5 units for extremely low-income
households.
In 2023, building permits were issued for 33 very-low income units (including 15 extremely low), 15 low income, and 4 moderate income units, exceeding this objective.
· Provide information and letters of
support for non-profit funding
applications for affordable housing,
especially projects that include housing
for extremely low income households.
Information and letters of support have been provided for all affordable housing developments in the City, including Polo Village which included 15 extremely-low income units.
· Assist in applying for funding to
expand affordable housing
opportunities, such as through the
Home Key program. Assistance may
include technical assistance, letters of
support, and financial support as
funding permits through in lieu funds.
Provide annual updates to regional
partners and agencies who work with
affordable/special needs housing
developers regarding development
opportunities.
City in-lieu funds were granted to the Polo Village Project, and letters of support were provided to funding sources for the project.
4.a
· Provide links to Fair Housing
Fact Sheets and resources to promote
the use of Housing Choice vouchers in
Buellton, especially for ADUs, and to
provide information on Eviction Defense
Funds from the State which provide
Free legal services to low-income
individuals facing eviction.
An Affordable Housing Opportunities Update is in progress and will be sent annually to at least 2 affordable housing developers, Santa Barbara County staff, and regional partners/agencies who work with affordable/special needs housing. A Fair Housing Fact Sheet is in progress and will be provided to all ADU and SB 9 permit applications, and to housing developments with affordable units.
· Support the Housing Authority’s
petition for higher payment standards
for Buellton.
Identify housing opportunities at least
every two years.
Will continue to monitor opportunities to assist the Housing Authority in petitioning for higher payment standards in Buellton.
4.b
Continue to participate in the County CDBG
Urban County partner cities and HOME
Consortium, and similar collaborative efforts to
affirmatively further emergency shelter,
transitional housing, single room occupancy
units, shared living arrangements, and
congregate housing needs.
Meet quarterly with partner agencies and
contribute to and support the Consortium.
Collaborate with regional partners and
agencies to promote the prioritization of
projects which maximize special needs
housing and meet the County’s goals in
the Consolidated Plan.
Quarterly Countywide meetings on Affordable Housing and Homelessess continue to be attended by City Council members and City Staff.
4.c
Establish specific procedures to grant priority
water and sewer service to developments with
units affordable to lower-income households in
compliance with Government Code Section
65589.7.
Develop procedures by December 31,
2025. In progress
Explore policies that facilitate the provision of
affordable housing for farmworkers and
hospitality workers. Potential considerations
include:
By December 2025, develop strategies for
addressing farmworker and hospitality
worker housing, with the goal of increasing
housing for these employees by 20
percent.
Buellton Garden Apartments, which was entitled in 2022 and is anticipated to receive building permits in 2024 will provide 24 units reserved for farmworkers, which will meet this objective.
· Setting aside a specific
percentage of affordable housing units
for farmworkers within larger affordable
housing developments.
.
4.d
Partnering with other jurisdictions, farm
operators, hotels, and other hospitality
employers in the region to contribute to an
affordable housing fund or a community land
trust. Funding collected can be used to acquire,
develop, and/or rehabilitate housing for
farmworkers.
Annually convene with interested
employers and affordable housing
developers to pursue implementation of
strategies for affordable housing and
pursue funding at state and federal levels.
There has been interest received in developing workforce housing, and the City will continue to pursue opportunities for implementation.
Facilitate the improvement of 20
mobilehome units over the 8-year planning
cycle.
No improvements to mobilehomes were made through the Program in 2023, however, funds for the Emergency Mobile Home Repair Program will continue to be available.
In 2024, explore funding available at the
state level for the rehabilitation of other
types of special needs housing; after 6
months establish a program to rehabilitate
special needs housing with state funding
or identify alternative rehabilita-tion
strategies.
Research into other rehabilitation programs for special needs housing is underway.
By the end of 2024, work with developers
to provide a plan to:
The City has worked with the Polo Village project developer, the Santa Barbara County Area Housing Authority, and Santa Ynez Valley People Helping People to work toward building units that will serve to replace the longterm Single Room Occupancy units found in various motels along the Avenue of Flags.
· Reserve 41 units for very-low-income
tenants displaced by the loss of SRO
units due to construction or conversion.
The Polo Village project includes 48 units for lower income households. · Offer displaced SRO tenants housing
units at rents comparable to existing
rents.
The affordability mix in the Polo Village project was informed by a survey done by Santa Ynez Valley People Helping People on the income levels of the SRO tenants, and first right to rent units in Polo Village will be offered to these tenants.
Identify and secure interim housing for
displaced SRO tenants if there is a gap
between when SRO units are lost and new
very-low-income units are available.
The Polo Village project is anticipated to complete construction prior to any SRO units being lost, so that interim housing would not be necessary.
5.b
Work with developers to provide relocation
assistance for displaced Single-Room
Occupancy unit tenants using the In-Lieu Fee
Program or other funding resources. This
program addresses housing needs of extremely
low income households who are at risk of
becoming homeless.
4.d
5.a
Continue to appropriate funds for the
continuation of the Emergency Mobile Home
Repair Program in the annual budget and
explore funding resources for the rehabilitation
of other special needs unit types.
6.a
In coordination with the Housing Authority and
other non-profit housing sponsors, update and
publish a list of all subsidized dwellings or lowincome housing developed through local regulations or incentives. The list shall include,
at a minimum, the number of units, the type of
government program, and the date at which the
units may convert to market-rate dwellings.
Update and publish twice per year,
minimum
Such a list will be published in a Housing Resources Guide and updated quarterly starting in April 2023. This guide will also contain contacts to inquire about affordable unit availability.
6.b
Continue to document the status of all
affordable units as part of the City’s year-end
report required pursuant to Government Code
§65400.
Annually Documented in this Annual Progress Report for 2023
6.c
Continue to collect, maintain, and disseminate
information from the County, the Housing
Authority, and California Department of Equal
Housing and Employment regarding housing
and tenant rights. This information will be
maintained at City Hall and periodically featured
in the City’s bi-monthly newsletter that is
distributed to all residents and posted on the
City’s Facebook page.
Review information on a quarterly basis.
Feature information in City newsletter, on
City website and Facebook page a
minimum of four times per year.
Information on housing and tenant rights will be published in a Housing Resources Guide that will be reviewed quarterly, maintained on the City's website, featured in an issue of the bi-monthly newsletter (Buellton Buzz) once a year, and posted on City social media pages quarterly.
Quarterly update of website information. .
Feature information in City newsletter, on
City website and Facebook page a
minimum of four times per year.
Information in correlation with Programs 6.a, 6.c, 6.d, 7.a, and 7.c will be published in a Housing Resources Guide that will be reviewed quarterly, maintained on the City's website, featured in an issue of the bi-monthly newsletter (Buellton Buzz) once a year, and posted on City social media pages quarterly.
6.d
Continue to post information on housing
resources available to residents on the City’s
website and Facebook page, conduct focused
electronic mailings of relevant materials to
landlords and tenants, and refer complaints
directly to the California Department of Fair
Employment and Housing.
6.e
In partnership with Santa Barbara County and
other public and non-profit agencies, coordinate
a Fair Housing educational workshop either in
the City or in conjunction with other neighboring
jurisdictions. The event will address tenant and
property owner rights and responsibilities under
state and federal fair housing laws, including
rights of the disabled for equal access to
housing.
Annually City Staff is inquiring with the County on an annual Fair Housing workshop
7.a
1. Create an informational document for renters
and owners to publish on the City website,
Facebook page, and publish in the Buellton
Buzz (see Program 6). 2. Promote resident
participation of survey for the Analysis of
Impediments 3. In partnership with Santa
Barbara County and other public and non-profit
agencies, coordinate a Fair Housing
educational workshop either in the City or in
conjunction with other neighboring jurisdictions.
The event will address tenant and property
owner rights and responsibilities under state
and federal fair housing laws, including rights of
the disabled for equal access to housing. See
also Program 6.e.
1. Conduct educational outreach annually
beginning in FY 24/25. Track participants
and engagement of events, workshops,
City internet/ social media posts. 2.
Complete housing resource document for
posting on the City’s website by FY 23/24.
3. Advertise resident participation of
survey of Analysis of Impediments in 5
years. Encourage and target to have at
least 50 residents participate in the survey.
Receive count of number Buellton
residents who participated from
Consortium. 4. Assess number of
participants at each workshop, how they
learned. Target at least 25 residents to
participate on a yearly basis.
See Programs 6.a, 6.c, 6.d, and 6.e. Every 5 years, links to the Analysis of Impediments Survey will be posted on social media pages.
7.b.1
1. Encourage the development of Accessory
Dwelling Units (ADUs) in appropriate locations
to expand housing opportunities for all income
levels. See also Program 2.c. 2. Encourage
development of a range of affordable housing
types, including senior housing and housing
that accommodates persons with disabilities, on
AHOZ sites 3. Provide incentives (e.g., fee
waivers, flexible develop¬ment standards) to
encourage development of creative and
affordable housing types for homeless, lower
income, senior and disabled populations (e.g.,
SROs, tiny houses, senior town homes, JADUs
in large homes for aging place, small lot single
family development, nursing care assisted living
and co-housing) 4. See also Program 4.
1. Develop ADU informational materials and
‘as built’ sample plans to promote the
development of ADUs in the City by FY
23/24. Also include information on fair
housing laws for potential landlords renting
out their ADUs. Monitor the production and
affordability of ADUs annually. Target for 2
ADUs per year. 2. Update AHOZ
information and materials to promote
development of diverse types of affordable
housing on AHOZ sites to accommodate all
types of households. Promote the
development of special needs housing on a
regular basis when meeting with developers.
Monitor the number of affordable units to be
created the production and affordability of
new housing units on AHOZ sites annually
3. Prepare appropriate code amendments by
FY 24/25. Monitor the production and
affordability of new housing units based on
these incentives annually. 4. Program 4 has
an ongoing timeframe. Monitor the use of
funding sources for the development of new
affordable housing annually. 5. 35 Housing
Units Affordable to Lower-income and
Special Housing Needs.
See Programs 2, 3 and 4. 48 lower-income units were issued building permits in 2023.
7.b.2
1. Continual upkeep of the Median 2 Makeover
(completed in 2021), which was funded by the
City’s Capital Improvement Program (CIP) and
includes Art Deco, off-street parking, bicycle
racks, accent lighting, ample landscaping, and
related amenities. 2. Development of the
Median 3 Civic-theme downtown park to
provide the community with a town plaza,
amphitheater, park and community amenities
3. Development of Community Garden
to grow produce to benefit the Buellton
Community Garden group and community with
open space and community engagement
opportunities
1. Continue to prioritize funding and
projects as part of its CIP and seek
additional funding and other resources
towards community revitalization, such as
neighborhood and infrastructure
improvements, in these targeted areas.
Annually monitor funds received and
utilized and seek opportunities for
additional funding. 2. Outreach and
engage with stakeholders and partners
during Planning Stage by FY 24/25. Utilize
a variety of methods to ensure
transparency, access, and meaningful
input from all segments of the
communities. Monitor progress of
development annually. 3. Engage with
stakeholders, community, and organization
in the planning and development and
provide support for successful
implementation by FY 24/25. City will
diligently implement these activities,
including budgeting, commit to pursue
funding and other resources that align with
these goals. Monitor progress of
development and activities annually and
make adjustments as appropriate.
Designs for the Median 3 downtown park and plaza are in the works, included in the City's CIP, and budgeted for in the FY 2023/2024. Completion of Median 3 construction is anticipated in 2025. The Buellton Community Garden is currently under construction, anticipated to be complete by the end of 2024.
7.b.3
1. Implement the Pre-Approved ADU Program,
which is targeted to the low density single-family
areas located in the northeast, northwest, and
southwest areas of the City. The sizes of ADUs
were chosen specifically to fit best on the most
parcels possible in those areas, with characteristics
consistent with previously constructed ADUs within
those areas. 2. Continue to coordinate with the
Santa Barbara County Housing Authority and ADU
landlords to provide information on Housing
Vouchers for future ADU renters, and about their
residential options in areas throughout the City. 3.
Accessibility Improvements: Continue to provide
funding for mobile homes repairs and improvements
through the Mobile Home Repair Program and
explore expanding this to the rest of the community
through CDBG funding. 4. Implement a variety of
strategies, including Programs 1 through 4, and if
necessary to meet RHNA allocation, implement
other programs which may include SB 9, marketing,
JADUs, homesharing (in conjunction with efforts of
HASBARCO or other housing agency), religious,
institutional and publicly owned sites, targeted
funding, rezoning for a variety of housing types (e.g., duplexes to four-plexes) and other strategies.
Conduct an evaluation of the effectiveness of
program by 2027 and make adjustment as
appropriate within 1 year.
1. Two ADUs a year (16 total)
constructed over the planning period in the
targeted areas. 2. Integrate at least 2
units annually for the planning period. 3.
Facilitate improvements to 2 homes per
year for the planning period. 4. 35 homes
affordable to lower and special needs
households in areas of emphasis.
4 ADUs were issued building permits in 2023. The Pre-Approved ADU Plans Program is anticipated to be available to the public by April 2024. See Program 4.a on the Fair Housing Fact Sheet to be included with ADU applications. See Program 5.a on the Mobile Home Repair Program. See Programs 1 through 4 on strategies to meet the City's RHNA allocation. 48 units affordable to lower income and special needs households were issued building permits in 2023.
7.c
Displacement
risk for lowincome
residents
1. Promote Housing Choice Vouchers (Section
8) offered by the County of Santa Barbara
Housing Authority (HASBARCO) 2. Within
development applications for ADUs and urban
dwellings (SB9), include fair housing
information, especially source of income
protection, (i.e. a landlord cannot reject a
prospective tenant because of the use of public
subsidies for housing payments).
1. Target education and marketing efforts
on Housing Choice Voucher Assistance
program throughout the community on a
yearly basis and place info on the City’s
website by FY 23/24. Assess with
HASBARCO on Buellton participants of
voucher program and their needs. 2.
Update application materials to include fair
housing information by the end of FY
24/25. 3. 15 households assisted.
See Program 4.a on the Fair Housing Fact Sheet to be included with ADU and SB 9 applications, and Programs 6.a, 6.c, and 6.d on the Housing Resources Guide to be promoted through the City's social media pages and website.
7.c
Substandard
housing
conditions
1. Add information about City’s Code
Enforcement Service program and the
Emergency Mobile Home Repair Program on
the City’s website for renters and owners. 2.
Work with the Buellton Senior Center and
managers of the two mobile parks in the City to
on an annual basis to inform residents about
the Emergency Mobilehome Repair program.
1. Include information for residents about
the Code Enforcement Service and
Emergency Mobile Home Repair Program
in the Fair Housing Rights educational
campaign, by FY 23/24. Track participants
and engagement of events, workshops,
City internet/ social media posts. 2. Meet
with mobilehome parks annually.
3. Facilitate the improvement of 2 units
annually. 4. See Programs 5.a and 5.b.
Information for residents on Code Enforcement Services is available on the City's website and featured in the bi-monthly newsletter, the Buellton Buzz, which is included with all water bills. The Senior Center, who administers the Mobile Home Repair Program in coordination with the City, conducts targeted outreach once a year for the program, and mentions it every month at their senior dinners. See Program 5.a.
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 02/15/2023 - 02/15/2031
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely LowIncome+ Very Low-Income+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Buellton
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 02/15/2023 - 02/15/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Buellton ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 02/15/2023 - 02/15/2031
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
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: Shannel Zamora, Finance Director
Meeting Date: March 28, 2024
Subject: Monthly Treasurer’s Report – February 29, 2024 ______________________________________________________________________________
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 February 29, 2024. Treasurer’s Reports are presented on a monthly basis.
FISCAL IMPACT
There is no fiscal impact; this report is intended to show the City Council the financial performance of the City’s investment portfolio of idle funds.
RECOMMENDATION
That the City Council receives and files the Treasurer’s Report for the month ending February 29, 2024.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – February 29, 2024
[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in February 29, 2024
March 28, 2024
This report presents the City’s cash activity and investment portfolio as of February 29, 2024. The report includes:
1) Cash and investments at February 29, 2024 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 February 29, 2024
The following schedule is a summary of the City’s cash and investments based on recorded value as of February 29, 2024 compared with the prior month.
January 31, 2024 February 29, 2024 $ Change
Cash - Pooled $ 7,355,359.30 $ 7,408,598.88 $ 53,239.58 Investments held by the City 17,386,118.51 17,409,983.06 $ 23,864.55 TOTAL CASH AND INVESTMENTS $ 24,741,477.81 $ 24,818,581.94 $ 77,104.13 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 December 2023 sales tax revenue offset with construction cost for Water Reservoir Roof 2 repair and monthly sheriff service cost. The value of investments also changed due to interest earnings on money market fund and Certificate of Deposits (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 F e b r u a r y 2 9 , 2 0 2 4
P a g e | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:
14,746,399.41
3,355,356.56
(1,857,194.34)
8,303,265.67
(2,734,779.75)
160,445.24
37,603.28
639,435.81
366,678.09
13,686.35
807,406.98
664,783.02
449,724.90
-
-
(134,229.28)
-
24,818,581.94
7,396,367.16
5,442,057.45
12,231.72
2,912,417.87
9,055,507.74
Pooled Cash - Webster Bank Escrow - -
24,818,581.94
999-21000 Wages Payable - -
24,818,581.94
24,818,581.94
24,818,581.94
Per Statements: 2/29/2024
Mechanics General Checking 7,664,644.02
Mechanics Money Market 5,442,057.45
Mechanics FSA 12,231.72
Local Agengcy Investment Fund (LAIF) 9,055,507.74
Multi-Bank Securities Bank 2,912,417.87
Webster Bank - Escrow -
Total Cash Per Statement: 25,086,858.80
Claim on Cash vs Total (268,276.86)
Outstanding Items: (268,276.86)
Difference: (0.00)
Bank Reconciliation - February 2024
City of Buellton, CA
For the Period Ending 2/29/2024
2/1/2024
BALANCE
CURRENT
ACTIVITY
2/29/2024
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,857,194.34) -
020-10000 Claim On Pooled Cash 8,175,208.44 128,057.23
CLAIM ON CASH
001-10000 Claim On Pooled Cash 14,698,163.97 48,235.44
005-10000 Claim On Pooled Cash 3,375,804.61 (20,448.05) 024-10000 Claim On Pooled Cash 37,470.92 132.36
025-10000 Claim On Pooled Cash 625,552.15 13,883.66
021-10000 Claim on Pooled Cash (2,734,779.75) -
023-10000 Claim On Pooled Cash 160,164.51 280.73
031-10000 Claim On Pooled Cash 772,224.99 35,181.99
032-10001 Claim On Pooled Cash 664,299.38 483.64
027-10000 Claim On Pooled Cash 368,077.99 (1,399.90)
029-10000 Claim On Pooled Cash 14,484.72 (798.37)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 23,202.50 (157,431.78)
075-10000 Claim On Pooled Cash 418,797.72 30,927.18
090-10000 Claim On Pooled Cash - -
999-10002 Pooled Cash - Money Market 5,423,957.78 18,099.67 999-10003 Pooled Cash - FSA 13,623.77 (1,392.05)
TOTAL CLAIM ON CASH 24,741,477.81 77,104.13
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 7,341,735.53 54,631.63 999-10006 -
TOTAL: Cash in Bank 24,741,477.81 77,104.13
-
999-10004 Pooled Cash - Brokerage 2,906,652.99 5,764.88 999-10005 Pooled Cash - LAIF 9,055,507.74 -
TOTAL DUE TO OTHER FUNDS 24,741,477.81 77,104.13
TOTAL: Cash in Bank 24,741,477.81 77,104.13
DUE TO OTHER FUNDS
999-27000 Due To Other Funds 24,741,477.81 77,104.13
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 F e b r u a r y 2 9 , 2 0 2 4
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City of Buellton
Investment Summary
February 29, 2024
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 52.69% 4.00% n/a n/a $ 9,055,507.74 $ 9,055,507.74 Comenity Cap Bank 0.93% 2.80% 5 yrs. 4/15/2024 160,000.00 159,521.60 Security Identifier: 20033AU38
Morgan Stanley Bank 0.58% 2.75% 5 yrs. 5/2/2024 100,000.00 99,545.00 Security Identifier: 61760AZR3
Capital One Bank 0.58% 2.00% 5 yrs. 8/21/2024 100,000.00 98,486.00 Security Identifier: 14042TCB1
Morgan Stanley Bank 0.58% 1.90% 5 yrs. 1/23/2025 100,000.00 97,242.00 Security Identifier: 61760A6K0
State Bk India 1.16% 1.60% 5 yrs. 4/29/2025 200,000.00 192,422.00 Security Identifier: 856285TF8
Sallie Mae Bank 0.70% 0.80% 5 yrs. 7/1/2025 120,000.00 113,661.60 Security Identifier: 7954506Q3
Third Fed Savings 1.43% 3.50% 5 yrs. 6/28/2027 245,000.00 239,820.70 Security Identifier: 88413QDL9
Morgan Stanley Bank 0.61% 3.75% 5 yrs. 6/28/2027 104,000.00 102,600.16 Security Identifier: 61773TFC2
Capital One Bank 1.42% 3.75% 5 yrs. 9/30/2027 244,000.00 245,171.20 Security Identifier: 14042RURO
Hickam Federal Credit Union 0.58% 3.75% 4 yr 1/31/2028 100,000.00 100,340.00 Security Identifier: 42869GAB2
Global Federal Credit Union 1.45% 4.60% 5 yrs. 4/17/2028 249,000.00 253,845.54 Security Identifier: 37892MAC8
Optum Bk Draper Utah CTF Dep 0.93% 4.45% 5 yrs. 12/22/2028 160,000.00 162,643.20 Security Identifier: 68405VBV0
United States Treasury Bill 6.10% 5.11% 6 mo. 6/13/2024 1,049,000.00 1,033,181.08 Security Identifier: 912797FS1
Multi-Securities Bank - Cash in Holding 13,937.79
Money Market (Held with Mechanics Bank) 30.26% 4.28% n/a 5,200,000.00 5,442,057.45 Total City Investments 100.00% $ 17,186,507.74 $ 17,409,983.06 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 F e b r u a r y 2 9 , 2 0 2 4
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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 February 29, 2024. 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 February 29, 2024
Balance
6,498,329.07 6,101,294.18 14,360,918.73
846,600.12 1,002,355.69 3,022,725.78
006 - Wastewater Capital 59,536.40 159,353.09 251,264.04 020 - Water Fund 1,870,967.40 1,738,751.68 8,487,672.55 021 - Water Capital 22,785.00 3,301.69 325,616.43
2,582.58 - 499,064.22
683.83 - 37,390.94
169,905.15 108,032.46 645,023.00
027 - Local Transportation Fund 8,245.35 13,333.28 366,196.96 029 - Transportation Planning 217.37 19,954.15 (122,606.34) 031 - Measure A 243,872.95 269,779.41 841,987.40
032 - American Relief Act Fund 393,315.87 413,694.43 (9,919.55) 075 - Trust & Agency Fund 4,957.01 - 18,139.85
090 - Long-Term Debt - - (2,917,219.67)
091 - General Fixed Assets - - 26,454,746.40
1,486,761.34
11,434,719.84 52,142,892.30
26,454,746.40
092 - Capital Improvement Proj Fund - 1,604,869.78 (118,108.44) 51,968,852.70 11,608,759.44
371,284.89
(102,869.56)
867,893.86
10,459.01
13,182.84
(2,917,219.67)
306,133.12
023 - Housing Fees 496,481.64
024 - Traffic Mitigation Fund 36,707.11
025 - Gas Tax Fund 583,150.31
001 - General Fund 13,963,883.84
005 - Sewer Fund 3,178,481.35
351,080.73
8,355,456.83
Fund Balance Report
City of Buellton, CA 2/29/2024
Fund July 1, 2023
Balance
Total Revenues
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: Andrea Keefer, Planning Director
Meeting Date: March 28, 2024
Subject: Urgency Ordinance No. 24-02 – “An Urgency Ordinance of the City Council of the City of Buellton, California, Amending Chapter
19.02.210 of the Buellton Municipal Code, Pertaining to Permit Requirements and Appropriate Zones for Emergency Shelters (24- ZOA-01)”
BACKGROUND
Government Code Section 65583 requires that cities provide for a variety of housing types, including emergency shelters. It further requires that a city “identify a zone or zones” in its Housing Element where emergency shelters are a permitted use without discretionary review (Government Code Section 65582 (a) (4)). It also states that cities “may identify additional zones where emergency shelters are permitted with a Conditional Use Permit”.
Currently, in the Buellton Municipal Code (BMC), emergency shelters are allowed without discretionary review in the CR (General Commercial) Zone, and allowed with a Conditional Use Permit in the CS (Service Commercial), M (Industrial) and RM (Multi Family Residential) Zones.
In recent years, it has become increasingly apparent that the preservation and enhancement of the existing commercial corridors in Buellton is vital for maintaining a healthy economic base and increasing the quality of life for residents. As such, the commercial corridors throughout the City, including the Avenue of Flags Specific Plan area, require thoughtful and careful development.
This urgency ordinance would change the zone in which emergency shelters are allowed without discretionary review in order to harmonize the City’s commitment to the unhoused with its need to thoughtfully develop its commercial corridors.
Urgency Ordinance No. 24-02 Page 2 March 28, 2024
DISCUSSION
After reviewing the requirements of state law pertaining to emergency shelters current best practices in other cities in the region and around the state, and the current BMC, Staff is recommending that modifications to the BMC be made to correct and clarify the “Allowable Land Use Table for Commercial and Industrial Zones”, specifically as it pertains to emergency shelters.
The following modifications to BMC Section 19.02.210 are proposed:
1) Removing “Emergency Shelters” as an allowable land use in the CR zone 2) Modifying the permit type to “A” (Zoning Clearance Required) for “Emergency Shelters” in the M Zone.
3) Removing “Emergency Shelters” as an allowable land use in the CS zone The modifications proposed in the Urgency Ordinance would allow the BMC to remain in compliance with State law in that it would still identify a zone where emergency shelters are a permitted use without discretionary review (in the M zone) and would still allow shelters in the RM zone after a Conditional Use Permit process is undertaken to mitigate impacts on other residences. In addition, the proposed modifications would allow the CR zone to become more aligned with statewide trends and the intended long-term goals for commercial development in the City.
Urgency Ordinance No. 24-02 is included as Attachment 1 (with Exhibit A – Modifications to BMC Section 19.02.210 - “Allowable Land Use Table”). All proposed modifications to the BMC are included, with recitals that explain the need to adopt these modifications.
By adopting the proposed Urgency Ordinance, the City Council will provide the City with protection against a rogue development while a permanent ordinance is drafted and goes through the adoption process. It is anticipated that a regular ordinance that reflects any necessary revisions will be brought back before the Planning Commission for public hearing and recommendations to City Council for adoption in the coming months.
GROUNDS FOR URGENCY ORDINANCE
As previously stated, thoughtful and carefully-considered development of the City’s existing commercial corridors is essential in order to achieve the desired vision for the City, as set forth in the Buellton General Plan. It is important to maintain the integrity of the commercial zones throughout the City. If the City does not adopt an urgency ordinance providing for these clarifications in the City’s Municipal Code, the City could potentially be left with no way to properly regulate the location and placement of emergency shelters.
Although there does not appear to be an immediate need for an emergency shelter in Buellton, the trend for the need for these types of facilities throughout Santa Barbara County and the state continues to go up. State law requires that cities zone for and allow these types of facilities “by right” in at least one zone within the jurisdiction. However, the
Urgency Ordinance No. 24-02 Page 2 March 28, 2024
law does give cities flexibility in determining appropriate placement, and most cities have gravitated toward allowing by-right development of shelters in industrial or heavy commercial zones. It is conceivable that the desire to place such a facility in Buellton could arise at any time in order to meet the regional need. Given the current zoning code, the statewide move toward placing these uses by-right in industrial zones, and City’s desire to protect and enhance the existing commercial corridors, it is necessary to enact this urgency ordinance. By doing so, the public health, safety and welfare, and the orderly development of land within the City will be protected.
GENERAL PLAN CONSISTENCY
Staff has determined that the proposed Amendments are consistent with the General Plan, the requirements of state planning and zoning laws, and Title 19 of the Zoning Ordinance.
ENVIRONMENTAL REVIEW
Adoption of Urgency Ordinance No. 24-02 is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3), because the Urgency Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Urgency Ordinance corrects and clarifies the zones in which emergency shelters are allowed and further, clarifies the required permit process for each zone, including both by-right and through discretionary review.
RECOMMENDATION
That the City Council consider adoption of Urgency Ordnance No. 24-02 - “An Urgency Ordinance of the City Council of the City of Buellton, California, Amending Chapter
19.02.210 of the Buellton Municipal Code, Pertaining to Permit Requirements and Appropriate Zones for Emergency Shelters (24-ZOA-01)”
ATTACHMENTS
Ordinance No. 24-02 (Exhibit A – Amended Municipal Code Section 19.02.210)
URGENCY ORDINANCE NO. 24-02
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BUELLTON, CALIFORNIA, AMENDING
CHAPTER 19.02.210 OF THE BUELLTON MUNICIPAL
CODE PERTAINING TO PERMIT REQUIREMENTS AND
APPROPROIATE ZONES FOR EMERGENCY SHELTERS
(24-ZOA-01)
THE CITY COUNCIL OF THE CITY OF BUELLTON DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds and declares as follows:
WHEREAS, the City of Buellton (“City”) has adopted a General Plan to ensure a wellplanned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and
WHEREAS, State law requires that the City’s Zoning Code conform with the General Plan's goals and policies; and
WHEREAS, it is necessary from time to time to update the Zoning Code to follow best practices to address public health, safety, and welfare concerns; and WHEREAS, Sections 65583 of the California Government Code specifies requirements for the identification of emergency shelter locations; and WHEREAS, the general practice of cities in California for the siting of emergency shelters is to allow such uses by right in Industrial or Manufacturing zones; and WHEREAS, the Buellton Municipal Code identifies the General Commercial (CR) zone as allowing emergency shelters by right, a provision which is outdated, and which could result in a reduction of commercially zoned property in the commercial core of the City, and/or conditions which could be detrimental to the creation and maintenance of a vibrant and successful commercial environment; and
WHEREAS, the Manufacturing (M) zone of the Buellton Municipal Code meets the requirements established by CA Government Code Section 65583, while avoiding potential negative impacts to the City’s limited commercial areas; and ` WHEREAS, the City Council has the power under Government Code sections 36934 and 36937 to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, and is passed by a four-fifths vote of the City Council; and
WHEREAS, pursuant to California Government Code Section 65858, and in order to protect the public health, safety and welfare, the City Council may adopt as an urgency measure, an interim ordinance regulating any uses that may be in conflict with a contemplated general plan or zoning proposal that the City intends to study within a reasonable time; and
Urgency Ordinance No. 24-02 Page 2 March 28, 2024
WHEREAS, this urgency ordinance is necessary to address the danger to public health, safety, and general welfare articulated by the state related to the housing crisis and immediately provide the provisions to implement development advanced by Section 65583 in a manner that protects the City’s interest in orderly planning; and
WHEREAS, Accordingly, the City Council desires to adopt this ordinance as an urgency ordinance, effective immediately, pursuant to Government Code sections 36934, 36937 and 65858, and have such provisions that implement Section 65583, as set forth in the ordinance, in effect as of March 28, 2024; and
WHEREAS, the City desires to adopt an ordinance that addresses the allowable zones for emergency shelters within the City, in accordance with State law.
SECTION 2. Chapter 19.02.210.
A. Section 19.02.210 of the Buellton Municipal Code is amended to make changes to the Permit Requirements for Emergency shelters, as shown in the attached Exhibit A.
SECTION 3. No permit or approval shall be issued or approved for a project which is in conflict with the provisions of this ordinance.
SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) as it is exempt pursuant to CEQA Guidelines Section 15061 (b) (3), because the Urgency Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. Urgency. The City Council finds and declares that the adoption and implementation of this ordinance is necessary to address the danger to public health, safety, and general welfare as articulated above, and to immediately provide provisions to implement Government Code Section 65583. The City Council therefore finds and determines that this ordinance be enacted as an urgency ordinance pursuant to Government Code sections 36937 and 65858 and takes effect immediately upon adoption by four-fifths of the City Council.
SECTION 7. Expiration. This ordinance shall take effect upon publication, and shall remain in effect for a period of 45 days from the date of adoption, in accordance with California Government Code section 65858.
Urgency Ordinance No. 24-02 Page 3 March 28, 2024
SECTION 8. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this _____ day of March, 2024. ________________________________
Dave King
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk
§ 19.02.210. Commercial and industrial zone allowable land use and permit requirements.
The uses of land allowed by this title in the commercial and industrial/manufacturing zoning districts are identified in the following tables as being:
A. Allowed subject to zoning clearance ("A" uses on the tables) (see Section
19.08.100); or
B. Allowable subject to approval of a Minor Use Permit ("MUP") (Section 19.08.110); or
C. Allowable subject to approval of a Conditional Use Permit ("CUP") (Section
19.08.110); or
D. Allowable subject to approval of a development plan ("DP") (Section 19.08.120).
Land uses not listed on the tables or not shown in a particular zone are not allowed, except where otherwise provided by Section 19.02.030(B) of this chapter.
COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE
TYPES
PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Agricultural,
Resource and
Open Space Uses
Agricultural
support uses
DP, A DP, A
Equestrian
facilities
CUP CUP CUP
Plant nurseries DP, A DP, A
Manufacturing
and Processing
Uses
Chemical products DP, A
Clothing products DP, A
Concrete, gypsum
and plaster
products
DP, A
Electrical and
electronic
equipment,
instruments
DP, A DP, A
Food products DP, A DP, A
Furniture and
fixtures
manufacturing
MUP DP, A DP, A
City of Buellton, CA
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COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE
TYPES
PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Glass products DP, A
Handicraft
industries and
small-scale
manufacturing
MUP MUP DP, A 19.06.090
Lumber and wood
products
DP, A
Machinery
manufacturing
CUP
Metal
manufacturing
industries
CUP
Metal products
fabrication,
machine and
welding shops
DP, A
Motor vehicles and
transportation
equipment
DP, A
Paper products CUP
Paving materials CUP
Plastics and rubber
products
CUP
Printing and
publishing
CUP MUP DP, A DP, A
Recycling
collection stations
MUP MUP CUP DP, A
Recycling, scrap
and wrecking
yards
CUP
Slaughterhouses
and rendering
plants
CUP
Stone and cut
stone products
CUP
Structural clay and
pottery products
CUP
Textile and leather
products
CUP
Wholesaling and
distribution
CUP DP, A DP, A
City of Buellton, CA
§ 19.02.210 § 19.02.210
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COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE
TYPES
PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Recreation,
Education and
Public Assembly
Uses
Churches CUP CUP CUP CUP
Community
centers
CUP CUP CUP
Golf courses and
driving ranges
A-DP CUP CUP
Libraries and
museums
CUP CUP CUP CUP
Membership
organization
facilities
CUP CUP CUP CUP
Outdoor
commercial
recreation
CUP CUP
Parks and
playgrounds
DP, A
Recreation and
fitness centers
DP, A DP, A DP, A MUP
Recreational
vehicle parks and
camping
DP, A CUP
Schools —
College and
university
CUP CUP CUP CUP
Schools —
Elementary and
secondary, private
CUP CUP CUP CUP
Schools —
Specialized
education and
training
DP, A DP, A CUP CUP
Sport facilities and
outdoor public
assembly
CUP CUP CUP
Temporary events MUP DP, A DP, A A 19.06.030
Theaters and
meeting halls
CUP DP, A
Residential Uses
City of Buellton, CA
§ 19.02.210 § 19.02.210
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COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE
TYPES
PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Caretaker and
employee housing
MUP MUP
Dwellings CUP CUP 19.02.220 (C)
Dwellings —
Mixed use
DP DP DP DP Ch. 19.18
Emergency
shelters
A CUP CUP
Farm employee
housing
CUP CUP CUP CUP
Home occupations CUP CUP 19.06.100
Residential
accessory uses
DP DP DP DP Ch. 19.18
Special needs
housing
CUP CUP CUP CUP 19.02.140
Retail Trade
Auto,
mobilehome,
vehicle sales
MUP DP, A DP, A
Auto parts sales MUP MUP DP, A DP, A
Building material
stores
MUP DP, A DP, A
Certified farmers'
markets
MUP MUP 19.06.040
Drive-in and drivethru salesCUP CUP CUP
Farm equipment
and supplies sales
DP, A DP, A DP, A
Fuel and ice
dealers
DP, A DP, A DP, A
Furniture,
furnishings and
equipment stores
MUP DP, A
Grocery and liquor
stores, and indoor/
outdoor farmers
markets, 5,000 sq.
ft. or less
DP, A DP, A MUP
City of Buellton, CA
§ 19.02.210 § 19.02.210
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COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE
TYPES
PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Grocery and liquor
stores, and indoor/
outdoor farmers
markets, more than
5,000 sq. ft.
DP, A CUP
Mail order and
vending
MUP DP, A DP, A
Parking lot sales DP, A DP, A DP, A 19.06.140
Restaurants and
bars
DP, A DP, A DP, A DP, A
Restaurants, fast
food
MUP CUP CUP
Retail stores,
general
merchandise
MUP DP, A DP, A
Secondhand stores MUP CUP CUP MUP
Shopping centers CUP DP, A CUP
Transitional
housing
CUP CUP
Service Uses
Banks and
financial services
DP, A DP, A
Business support
services
DP, A DP, A DP, A DP, A
Cannabis testing
laboratories
CUP 19.20.030
Cemeteries,
columbariums and
mortuaries
CUP CUP CUP 19.06.130
Child day care,
centers
CUP CUP CUP 19.06.050
Construction
contractors
DP, A
Drive-in and drivethru servicesCUP CUP CUP 19.06.070
Hotels and motels DP, A
Kennels and
animal boarding
DP, A DP, A
Laundries and dry
cleaning plants
CUP CUP DP, A DP, A
City of Buellton, CA
§ 19.02.210 § 19.02.210
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COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE
TYPES
PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Medical services
— Clinics and
laboratories
CUP CUP CUP
Medical services
— Hospitals and
extended care
CUP CUP CUP
Medical services
— Veterinary
clinics and
hospitals
CUP MUP DP, A DP, A
Offices DP, A DP, A DP, A DP, A
Offices, temporary MUP MUP MUP MUP 19.06.210
Personal services DP, A DP, A
Public safety
facilities
DP, A DP, A DP, A A
Public utility
facilities
CUP CUP DP, A DP, A
Repair and
maintenance —
Accessory to sales
MUP DP, A DP, A DP, A
Repair and
maintenance —
Consumer
products
MUP DP, A DP, A DP, A
Repair and
maintenance —
Vehicle, indoor
DP, A DP, A DP, A
Repair and
maintenance —
Vehicle, outdoor
MUP MUP MUP
Service stations MUP MUP MUP MUP
Storage, accessory A-DP DP, A DP, A DP, A
Storage of
petroleum
products for onsite use
MUP MUP MUP MUP
Storage yards and
sales lots
DP, A
Warehousing DP, A DP, A
Transportation
and
Communications
City of Buellton, CA
§ 19.02.210 § 19.02.210
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(Prior code § 19.02.210; Ord. 94-13, 1994; Ord. 97-02 § II(2), 1997; Ord. 06-10 § 2(E)(4), 2006; Ord. 06-12 § 3, 2006; Ord. 08-07 § 3, 2008; Ord. 10-04 § 4, 2010; Ord.
COMMERCIAL/INDUSTRIAL ZONES AND PERMIT REQUIREMENTS
LAND USE
TYPES
PERMIT REQUIREMENT BY ZONE
CN CR CS M See Section
Airfields and
landing strips
CUP CUP CUP
Antennas,
communication
facilities, nonCPUC regulated
MUP MUP MUP MUP
Antennas,
communication
facilities, CPUC
regulated
CUP CUP CUP
Broadcasting
studios
DP, A
Heliports CUP CUP CUP
Pipelines and
transmission lines
CUP CUP CUP CUP 19.06.150
Transit stations
and terminals
CUP CUP DP, A
Truck stops MUP DP, A
Vehicle and freight
terminals
MUP DP, A
Vehicle storage DP, A DP, A DP, A
KEY TO PERMIT REQUIREMENTS
Allowed use, zoning clearance
required
A 19.08.100
Minor use permit required MUP 19.08.110
Conditional use permit required CUP 19.08.110
Development plan required DP 19.08.120
Development plan for the first
development of a vacant site or
any exterior alteration of an
existing building that requires a
building permit; zoning clearance
for reuse of an existing building
with no changes in appearance
DP, A 19.08.120
Use not allowed
Note: See Section 19.01.050(C) regarding uses not listed. See Chapter 19.12 for definitions of listed uses.
City of Buellton, CA
§ 19.02.210 § 19.02.210
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11-06 § 4, 2011; Ord. 11-07 § 3, 2011; Ord. 19-02 § 3, 2019) City of Buellton, CA
§ 19.02.210 § 19.02.210
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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council Members
From: Andrea Keefer, Planning Director
Meeting Date: March 28, 2024
Subject: Ordinance No. 24-01 – “An Ordinance of the City Council of the City of Buellton, California, Adding Buellton Municipal Code Section 19.10.140 Providing for Certification for Review of Certain Discretionary Land Use Planning Proposals for Immediate City Council Consideration” (Second Reading)
BACKGROUND
On March 14, 2024, the City Council introduced and held the first reading of Ordinance No. 24-01, an ordinance adding Section 19.10.140 to Title 19 (Zoning) of the Buellton Municipal Code, providing for certification for review of certain discretionary land uses planning proposals. The proposed Zoning Ordinance amendments are included in Ordinance No. 24-01, attached.
RECOMMENDATION
That the City Council consider adoption of Ordinance No. 24-01 - “An Ordinance of the City Council of the City of Buellton, California, Adding Buellton Municipal Code Section
19.10.140 Providing for Certification for Review of Certain Discretionary Land Use Planning Proposals for Immediate City Council Consideration” by title only and waive further reading.
ATTACHMENTS
Ordinance No. 24-01
ORDINANCE NO. 24-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, ADDING BUELLTON
MUNICIPAL CODE SECTION 19.10.140 PROVIDING FOR
CERTIFICATION FOR REVIEW OF CERTAIN
DISCRETIONARY LAND USE PLANNING PROPOSALS
FOR IMMEDIATE CITY COUNCIL CONSIDERATION
THE CITY COUNCIL OF THE CITY OF BUELLTON DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. The City of Buellton (“City”) is a general law city, incorporated under the laws of the State of California; and
B. Pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and C. The purpose of this Ordinance is to amend the Buellton Municipal Code (“BMC”) by providing a process wherein the City Council, City Manager, or City Attorney may certify any discretionary land use planning proposal for immediate jurisdiction by the City Council when it is determined that, as a matter of policy and planning, the application involves a matter of such significance that it should be heard by the City Council; and
D. The Planning Commission is authorized by Buellton Municipal Code (“BMC”) §
19.10.110 to review and make recommendations on any proposed zoning-related ordinance that seeks to amend Title 19 of the BMC; and
E. On November 16, 2023 the Planning Commission held a duly noticed public hearing and adopted Resolution No. 23-07 recommending denial of this Ordinance; and
F. The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). CEQA and the CEQA Guidelines are collectively referred to as “CEQA Regulations”; and
G. Notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law; and
Ordinance No. 24-01 Page 2 March 28, 2024
H. On March 14, 2024 and March 28, 2024, the City Council considered this Ordinance. Its findings are made based on the entire administrative record including, without limitation, the staff report prepared by the Planning Director and submitted by the City Manager.
SECTION 2. Environmental Findings. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 3. Zoning Findings. Pursuant to BMC § 19.10.110(C), the City Council makes the following findings:
A. The request is in the interests of the general community welfare. The Ordinance which modernizes a key provision of the BMC by allowing the City Council to have immediate jurisdiction over certain discretionary planning applications involving matters of great City-wide significance without waiting for Planning Commission action or triggering an “appeal” under the BMC.
B. The request is consistent with the general plan, the requirements of state planning and zoning laws, and this title. The Ordinance is not inconsistent with any adopted element of the General Plan, California zoning laws, or Title 19 of the BMC. The Ordinance merely provides a procedural process which does not implicate any element of the adopted general plan.
C. The request is consistent with good zoning and planning practices. The existing BMC provides that the Planning Commission must first hear a discretionary planning application before it may be reviewed by the City Council. The BMC further provides for appeals to the City Council by “an applicant or any aggrieved person” which means any appellant would necessarily be subject to conflict of interest laws in the processing of and hearing of the appeal. The Ordinance provides a process for streamlined review of certain projects that, as a matter of policy and planning, should be reviewed by the City Council and allows for this review to be initiated by the City Manager, City Attorney, or any member of the City Council.
Ordinance No. 24-01 Page 3 March 28, 2024
SECTION 4. BMC § 19.10.140 (Certification for Review) is added to Title 19 (Zoning), Chapter 10 (Zoning Ordinance Administration) of the BMC as follows:
19.10.140 Certification for Review
A certification for review for any discretionary application under this Chapter may be initiated by the city manager, the city attorney, or any member of the city council, subject to the following:
1. Timing. Certification for review may be filed:
a. by the City Manager or City Attorney at any time before the decision-making authority for the application has acted, or
b. by the city manager, city attorney, or any member of the city council after the decision-making authority for the application has acted on the application but must be filed at least one (1) calendar day before the period for an appeal ends under Section 19.10.130.
2. Rationale. The certification for review must be accompanied by a statement that the filer believes that such decision involves a matter of such interest, import, precedent, or significance that such decision should, as a matter of policy and planning, be made by the city council.
3. Effect. Neither a certification for review nor the filer’s statement is deemed to provide support for, or opposition to, a discretionary application.
4. Recusal. A person authorized to initiate a certification for review may not use the certification for review process for a discretionary application for which he or she is required to be recused, but may use the process for appeal, pursuant to Section
19.10.130.
5. Process for Review.
a. In the event that certification for review has been filed prior to the action of the decision-making authority, the City Council shall consider the matter(s) described in the statement required in Subsection (2) of this Section, and shall, at a noticed public hearing, make a determination only regarding such matter(s). Following this determination the discretionary application shall be remanded back to the decision-making authority, along with a written explanation of the matter(s) considered by the City Council and the determinations made, which shall be considered by the authority in making its decision. A subsequent certification for review may be filed for the application pursuant to Subsection (1) (b) of this Section.
Ordinance No. 24-01 Page 4 March 28, 2024
b. In the event that certification for review has been filed following the action of the decision-making authority, the City Council shall, at a noticed public hearing, consider the matter(s) described in Subsection 2 of this Section 2, make an appropriate determination on the matter(s), and then shall apply that determination to the project to either uphold, modify, or reverse the decisionmaking authority’s action.
SECTION 5. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this _____ day of March, 2024. ________________________________
Dave King
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk
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
Date: March 28, 2024
Subject: Discussion of Meals on Wheels Funding Issues
______________________________________________________________________________
BACKGROUND
At the February 22, 2024, meeting, the City Council directed staff to invite Pam Gnekow, the Executive Director of Santa Ynez Community Outreach (SYVCO), to attend a City Council meeting to discuss possible additional funding needs pertaining to the Meals on Wheels program.
Mrs. Gnekow is expected to attend tonight’s meeting and discuss the issues that SYVCO is currently experiencing. Staff will be available as well to inform the City Council of potential feasibility of any actions that the City Council may consider.
RECOMMENDATION
That the City Council discuss this matter and direct staff as appropriate.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: March 28, 2024
Subject: Discussion of South Ave of Flags Crosswalk Warrant
BACKGROUND
The City Council requested to review the intersection of Ave of Flags and Shadow Mountain Drive for a potential marked crosswalk. The Office of Safety Research of the Federal Highway Administration (FHWA) provides guidance and evaluations regarding the use of crosswalks, both at controlled and uncontrolled intersections. For further guidance, evaluation criteria (warrants) are provided in the California Manual of Uniform Traffic Control Devices (CA MUTCD) to assist local agencies in their evaluations.
Pursuant to this request, staff directed TetraTech Engineers to conduct a Crosswalk Warrant Analysis and Safety Study for the intersection. The analysis included traffic counts (vehicles, bicycle and pedestrian), review of accident history, field review and evaluation against the criteria outlined in CA MUTCD. This Analysis is provided as Attachment 1.
Unfortunately, none of the warrant criteria was met to support conditions for a crosswalk at the Shadow Mountain Drive and Ave of Flags intersection. A marked crosswalk at the controlled intersection of Highway 246 and Ave of Flags, in short vicinity of Shadow Mountain Drive remains the appropriated location for marked crosswalks. Although the accident data and quantitative analysis does not indicate the crossing at this intersection is a hazard, the study does provide some recommendations to install additional speed limit signage, in particular radar feedback signage in both directions.
FISCAL IMPACT
Should Council determine radar feedback signage is recommended, $15,000 would be requested for a budget amendment to procure/install 2 radar feedback systems. This would increase the General Fund expenditures from 001-558-73500 from $18,000 to $33,000.
Avenue of Flags Crosswalk Page 2 March 28, 2024
RECOMMENDATION
That the Council review the crosswalk warrant findings and provide direction on radar feedback procurement.
ATTACHMENT
Attachment 1 – Crosswalk Warrant Analysis
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: March 28, 2024
Subject: Discussion on Policy for Flying of Flags at City Facilities ______________________________________________________________________________
BACKGROUND
The City Council, as a part of its Council Priorities, has identified the desire to consider policies to be used to determine if, how, and/or when. Flags other than the US, California, and Buellton flags might be flown on City facilities.
There are a number of potential issues involved with this seemingly simple matter. These issues address such basic concepts as “which flagpoles should other flags be flown on?” and “how long should these flags be allowed to be flown?”, but also more complex concepts dealing with determining which flags might be allowed and the criteria used to make such decisions. Concerns such as the stifling of First Amendment free speech, or the apparent government endorsement of organizations, can make this matter a thorny one.
The item before the Council this evening seeks direction from the City Council on a preferred approach to take on this matter. To ensure that the City Council’s discussion can focus on the policy aspects of this subject, the City Attorney has identified a number of different policy documents which avoid the primary legal pitfalls that can be expected with this type of policy adoption and implementation. These documents are attached to this report.
Staff recommends that the City Council review the attached policy documents and identify the following factors:
1. Whether flags other than the US, California, and City of Buellton flag should be permitted to be flown on City facilities.
Assuming that other flags are desired to be flown, then these factors should be considered:
2. Which City facilities should other flags be permitted upon.
3. The process by which other flags should be chosen or approved to be flown.
4. The length of time that each chosen or approved flag should be allowed to be flown.
Consideration of Flag Policy Page 2 March 28, 2024
5. Establishing a formal flag care and display policy for City facilities.
6. Any other policy that the City Council deems appropriate.
In addition to the matter of flags, the City Council may wish to give direction on whether to consider allowing the light pole banners to be used by organizations other than the City to celebrate the cultural heritage observance. These banners have been placed under a program overseen by the Buellton Visitors Bureau and the Public Works Department, and no banners other than those provided by the City have been allowed.
While there are a wide variety of choices and approaches available to the City Council, staff would suggest that the Council consider only allowing the flags to be flown which area associated with a commemorative cultural observance recognized by proclamation of the City Council. This has the benefit of limiting the number of flag requests, while simultaneously removing the concept of First Amendment free speech from the matter.
Beyond this, staff suggests keeping the resulting policy as simple as possible, to avoid conflicts and complications which can arise from a very complex policy.
This is a purely policy matter before the City Council, and this item is intended to provide an open-ended discussion on the matter. No action is required, and the items listed above are only examples of direction that might be given. However, as this matter is a City Council priority, staff would suggest giving staff direction to allow for the creation and adoption of a policy (in the form of a resolution or an ordinance) before requests arise.
Staff will take this direction and return to the City Council with a policy document to consider for adoption at a later date.
RECOMMENDATION
That the City Council discuss this matter and direct staff as appropriate.
ATTACHMENTS
Attachment 1 – City of Arroyo Grande Flag Policy
Attachment 2 – City of Boston Flag Ordinance
Attachment 3 – City of Costa Mesa Flag Policy
Attachment 4 – City of Foster City Flag Policy
Attachment 5 – City of La Mesa Flag Policy
Attachment 6 – City of Pacifica Flag Policy
Attachment 7 – City of Signal Hill Commemorative Flag Policy
MEMORANDUM
TO: CITY COUNCIL
FROM: WHITNEY MCDONALD, CITY MANAGER
BY: TIMOTHY CARMEL, CITY ATTORNEY
SUBJECT: DISCUSSION AND CONSIDERATION OF ADOPTION OF RESOLUTION
ESTABLISHING A CITY FLAG DISPLAY POLICY AND AUTHORIZING THE DISPLAY OF THE LGBTQ+ PRIDE FLAG AT CITY HALL DURING THE MONTH OF JUNE, 2021
DATE: MAY 25, 2021
SUMMARY OF ACTION:
The proposed Flag Display Policy sets forth the procedures and standards for the display of flags at City facilities, including the display of commemorative flags at City Hall and Heritage Square Park. Contingent upon City Council’s adoption of the Flag Display Policy, staff is also recommending that the City Council authorize the display of the LGBTQ+ Pride Flag (“Pride Flag”) at City Hall during the Month of June, 2021 in recognition of LGBTQ+ Pride Month.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact and minimal impact on personnel resources related to having a City Flag Display Policy or authorizing the display of the Pride Flag.
RECOMMENDATION:
Adopt a Resolution adopting the Flag Display Policy and also authorize the display of the Pride Flag at City Hall during the month of June, 2021 in accordance with the proposed Policy. It is also recommended that the Council discuss and consider authorizing the display of the Pride Flag during the month of June, 2021, at Heritage Square Park, where the first Five Cities Pride Celebration occurred in 2019.
BACKGROUND:
At a recent City Council meeting, Council Member Barneich requested that the City Council consider acknowledging Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month, and authorize the display of the commemorative Pride Flag, which is a LGBTQ+ community rainbow flag at City Hall for the month of June. Mayor Ray Russom concurred in this request. Because the City does not have a flag display policy, this item is being presented for consideration of such a policy, and if approved, also authorize the display of the commemorative Pride Flag during the month of June.
Item 11.a. - Page 1 Page 102 of 135
CITY COUNCIL
DISCUSSION AND CONSIDERATION OF ADOPTION OF RESOLUTION
ESTABLISHING A CITY FLAG DISPLAY POLICY AND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY HALL DURING THE MONTH OF JUNE, 2021 MAY 25, 2021
PAGE 2
According to the Library of Congress, Lesbian, Gay, Bisexual and Transgender Pride Month (“LGBTQ+ Pride Month”) is currently celebrated each year in the month of June to honor the 1969 Stonewall riots in New York City. The Stonewall riots were a tipping point for the Gay Liberation Movement in the United States. In the United States, the last Sunday in June was initially celebrated as “Gay Pride Day,” although the actual day was flexible. Eventually, in major cities across the nation, “Gay Pride Day” grew to encompass a month-long series of events. Today, celebrations include pride parades, picnics, parties, workshops, symposia and concerts. Memorials are also held for those members of the community who have been lost to hate crimes or HIV/AIDS. The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual, transgender, and queer individuals have had on history locally, nationally, and internationally.
ANALYSIS OF ISSUES:
City Hall has two flag poles and the City of Arroyo Grande has historically displayed the United States Flag, the California State Flag, and the Arroyo Grande City Flag. The United States Flag is also displayed at other City facilities such as the Recreation Services Building at Elm Street Park and at the Corporate Yard. The Police Station also has three flag poles that can be used to display flags. However, the City does not have a Counciladopted policy regarding the display of such flags or the display of commemorative flags, such as the Pride Flag.
Staff has prepared a draft City Flag Display Policy relating to the display of flags and a resolution for its adoption for Council’s consideration. The draft Flag Display Policy outlines the procedures and standards for the display of flags at City facilities, including the display of commemorative flags at City Hall and Heritage Square Park. As set forth in the proposed policy, commemorative flags may be displayed only after being authorized by the City Council and as an expression of the City’s official sentiments. Upon City Council authorization of the display of a commemorative flag, the City would display it at City Hall and/or Heritage Square Park during the designated period.
Contingent upon City Council adoption of the Resolution adopting the Flag Display Policy, staff recommends that the City Council also consider authorizing the display of the Pride Flag in accordance with the proposed Policy.
The City’s flagpoles are not intended to serve as a forum for free expression by the public.
Rather, the City's flagpoles are to be used exclusively by the City, where the City Council may display a commemorative flag as a form of government expression. The City will not display a commemorative flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party. Instead, the policy states that such flag, as an expression of the City’s official sentiments, must be requested by a member of the City Council itself.
Item 11.a. - Page 2 Page 103 of 135
CITY COUNCIL
DISCUSSION AND CONSIDERATION OF ADOPTION OF RESOLUTION
ESTABLISHING A CITY FLAG DISPLAY POLICY AND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY HALL DURING THE MONTH OF JUNE, 2021 MAY 25, 2021
PAGE 3
The Government Speech Doctrine, defined by the United States Supreme Court, establishes that a government organization, such as the City of Arroyo Grande, may advance its own expression without requiring viewpoint neutrality when the government itself is the speaker, so long as its expression does not show religious preference or encourage a certain vote in an election. Therefore, the City could take action, based on the proposed Policy, to display a commemorative flag as a form of government expression, so long as the commemorative flag does not show religious preference or encourage a certain vote in an election. Consequently, if the City Council authorizes display of a commemorative flag, the display of the commemorative flag would be an exercise of government expression, where the City is the speaker (i.e., government speech).
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution, adopting the City of Arroyo Grande Flag Display Policy, and also authorize the display of the Pride Flag during the month of June.
2. Do not adopt the Resolution or authorize display of the Pride Flag; or
3. Provide other direction to staff.
ADVANTAGES:
Adoption of the Flag Display Policy will clarify practices to be followed for the display of flags on City property, and also provide a procedure for the display of commemorative flags, as may be authorized by the City Council, as an expression of the City Council's official sentiments. Authorizing display of the Pride Flag in recognition of LGBTQ+ Pride Month will commemorate an important social movement and demonstrate the City’s commitment to diversity, equity, and inclusivity.
DISADVANTAGES:
No disadvantages have been identified by adoption of a City Flag Display Policy.
ENVIRONMENTAL REVIEW:
The adoption of a Flag Policy is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
Item 11.a. - Page 3 Page 104 of 135
CITY COUNCIL
DISCUSSION AND CONSIDERATION OF ADOPTION OF RESOLUTION
ESTABLISHING A CITY FLAG DISPLAY POLICY AND AUTHORIZING THE DISPLAY OF THE PRIDE FLAG AT CITY HALL DURING THE MONTH OF JUNE, 2021 MAY 25, 2021
PAGE 4
Attachment:
1. Proposed Policy
Item 11.a. - Page 4 Page 105 of 135
CITY OF ARROYO GRANDE POLICY ON
DISPLAY OF FLAGS
I. Purpose
A. The Arroyo Grande City Council desires to establish clear guidelines regarding:
1. The outdoor display of the United States Flag, the California State Flag, and the City of Arroyo Grande Flag at City facilities or City-owned or City-maintained flagpoles; and
2. The outdoor display of commemorative flags at the Arroyo Grande City Hall and Heritage Square Park.
B. In adopting this Policy, the City Council desires to reflect the dignity of the flags flown on flagpoles or displayed at City-owned or City-maintained facilities, as well as the role of the Arroyo Grande City Hall as an inclusive gathering location and local symbol of government and democracy.
C. In adopting this Policy, the City Council declares that flagpoles owned or maintained by the City of Arroyo Grande are not intended to serve as a forum for free expression by the public, but rather as a non-public forum for the display of the United States, State of California, City of Arroyo Grande, and any commemorative flag authorized by the City Council as an expression of the City Council's official sentiments (government speech).
II. Policy
A. Conformance with Federal and State Regulations. Flags shall be displayed in accordance with Federal and State statutes and regulations, including, but not limited to, United States Code, Title 4, Chapter 1 and California Government Code section 430 et seq., and this Policy.
1. Per California Government Code section 431(a), the Flag of the United States and the Flag of the State of California shall be prominently displayed upon or in front of public buildings of the City.
2. Per California Government Code section 434.7, any Flag of the United States or Flag of California that the City purchases must be made in the United States.
3. The United States Flag may only be flown at half-staff in accordance with the guidelines set forth at https://www.usa.gov/flag. The State of California Flag shall be flown at half-staff if the United States Flag is flown at half-staff or on order of the Governor.
B. City Facilities other than the Arroyo Grande City Hall. At facilities that the City owns or maintains (other than facilities maintained by other governmental entities), there may be one flagpole where the United States Flag shall be flown and the State of California flag may be flown as described in Section II.
Attachment 1
Item 11.a. - Page 5 Page 106 of 135
C. Arroyo Grande City Hall.
1. There shall be flagpoles at the Arroyo Grande City Hall to fly the following flags in the manner described below: Flag of the United States, Flag of the State of California, Flag of the City of Arroyo Grande, and any approved commemorative flag.
2. The City of Arroyo Grande Flag shall fly at half-staff if either the United States or California Flag is at half-staff. The Mayor may order the City of Arroyo Grande Flag to fly at half-staff at the death of a current or former City Council Member or current City staff member or a historically significant member of the community.
3. Commemorative Flag.
a. As expression of the City’s official government speech, the City Council may authorize the display of a commemorative flag to fly at the Arroyo Grande City Hall and the Heritage Square Park flagpoles only.
b. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Arroyo Grande City Council and another City Council member agrees to place the discussion to authorize such display on the agenda for a regular or special City Council meeting. Requests to fly a commemorative flag by members of the public will not be considered.
c. At a noticed and agendized City Council meeting, a majority of Council Members must agree to display the commemorative flag.
d. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty (30) consecutive days.
e. Commemorative flags must be either purchased by the City or temporarily donated for the City’s use and must be clean, without holes and tears, and be made of an all-weather fabric. Commemorative flags must be the same size or smaller than the United States and California flags that are flown.
The City will not be responsible for the condition of the commemorative flag once flown.
f. If any other flag is flown at half-staff, the commemorative flag will also be flown at half-staff.
g. A “commemorative flag” as defined in this Policy shall mean a flag that identifies with a specific historical event, cause, nation or group of people that the City Council choses to honor or commemorate consistent with the City’s mission and priorities. The following are not allowed as Commemorative Flags and will not be considered by the City Council:
Item 11.a. - Page 6 Page 107 of 135
i. Flags of a particular religious movement or creed to avoid the appearance of City government endorsing religion or a particular religious movement or creed;
ii. Flags of a political party to avoid the appearance of City government endorsing a political party; and
iii. Flags advocating a certain outcome in an election.
III. Procedures
A. No other flag shall be placed above the United States Flag and no other flag shall be larger than the United States Flag. Other flags may be flown at the same height and in the same size, in accordance with this Policy. Where both the United State Flag and the California State Flags are flown, they shall be of the same size.
B. Flags should be hoisted briskly and lowered ceremoniously. The United States Flag should be hoisted first and lowered last.
C. Flags shall be displayed during operating hours on all days on which the City is open for business, and on national and State holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness.
D. Flags shall not be displayed during inclement weather, unless all-weather flags are used and are illuminated during darkness.
E. When flags are displayed on a single pole, the order from top to bottom shall be:
the United States Flag, the California State Flag, and, if displayed, the City of Arroyo Grande Flag.
F. When the flags are flown from adjacent flag poles, the United States Flag shall be flown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer ("the flag's right").
G. When a flag is displayed at half-staff, it shall first be hoisted to the peak for a moment and then lowered to half-staff position. Before being lowered at the end of the day or when taken down, the flags shall again be hoisted to the peak for a moment and then fully lowered.
Item 11.a. - Page 7 Page 108 of 135
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F:CI t~7~:i,.
~ « ~ ~ ~ . . C, ~ ORDII~IANCE ~MEhTI3ING CITY C)F BOSTtJN CC?DE, ~.` `~. C}RDINANCES, SECTION 1, TQ CODIFY CITY PG.~,ICY ,~~ ~ ~~.- REGAIt.T}ING T:HF UI.SPLP►Y ~F F'I.~AGS C?N CITY HALL PLAZA WHER~.~4S, The pity of ~iaston traditionally displays three flays on City Ha11 Plaza: of the United State, the Ce~mmonwealth of Massachusetts, and the City= of Boston.; and YYHER~AS, Historically, the City t~fBostc~n has also on pccasia~ floum carious othex flags in place of the flag cif the City of Boston; and
N~~fEREA~S, 'the question c~fwhat parameters could 6e legally applied to the selection oi'such ether flags beaanle a subject of dispute in 2017 when the City declined tc► fly the Ch~stian flag afCamp Ca~stitution, prompting the court case Shurtlef~'v. F3ostQn, ~rhich was appealed. all t ae way tc~ the Supreme Caur1: of the United States; ar~rl ~HERF.~4S, Since the matter eazne under ennsideratic~n by the Su~rerr~e Court, flying of other flags an City Hall Plaza in place cif the City of Boston flag has been suspended; and` TfirHEREASfi Ian June 2022, the Supreme Court released an opinion in Shurtleff v. Bc~stc~n stating that the City cif Bc~stan's prier policy fc~r determining which flags eauid fly on the thzrd flagpole did. not meet the standard of government speech, as it dzd not clearly limit such flag-railings to ~x~ressing a#~zcial messages Qf the City, and therefore this prior polrcy had to be re~az~ded as creating a public forum fax private speech to which all voices were entitled to access; crrzd
WH.~'kE`AS, Writing for the Court, however, Justice Stephen Breyer laid out a test by which the raising of other -lags an the City's flagpole could be properly limited tc~ government speech, az~d staffed explicitly that "nothing prevents Boston from changzng its pt~licies ~t~ing iEarwaxd9?y +and
W.~IER~.~4S, It is impozz~kat that the City ofBaston, as a city t~~immigrants, be able to express its oC~icial solidarity wit1~ people wl~o have cone to Tiaston from other nations, and to express other c~ffzcial, Ciry~en orsed z~xessages frc~zn the Mayer and Crty Council that nay be apprapriate~y accompanied by cerennanial flag-raising, and TYHERE~S, For these expressions ref official City sentiment to be clearly construed by the resi~te~its cif Roston, it is else important tc~ clearly demarcate and codify that the Cit~r's flagpoles are not intended to serve as a forum far free expression by the public; and YYHEIiE~,S, The cleaxest way tc~ establish a new Cii~r of Boston policy in regard to the display of flags an City Halt Plaza is to enshrine our standards for such. displays in city ordinance; NC)~~
T'HEREFQRE
Be it r~rdaine y the City Council cif Boston as ~`oliawsc SECTION 1: City of Boston Code, Ordinances, Section 1, is hereby an~endeci by inserting after Section 1 ~3, the ~c~llc►wirzg zxew subsection:
The puzpose of this Ordinance is to establish guidelines fc~r the c~ispl~y b~ the City of Boston of (1}flags of governments recognized !~y the Federal Government, and (2} other flags on City Hall Plaza. Nothing hereon shall ~e aanstrued to conflict with City ofBostan Code, Ordinances Sections 1-2.4 to I-2.7, inclusive ar Section 1-3,
1-3A.1 golicy.
It is the pr~licy of the City of Boston that flags should be displayed in canfi~rrnance with Federal and State policies, as stated in the Federal "~Jur Flag" publication o~the Congress, House Document No. 96-144; Chapter 2, Section 6 of the Massachusetts General Lames and Chapter 2, Section 6A of the Massachusetts C,~eneral Laws.
1-3A.2 t3rder of Precedence.
()utdaox flags will be flown at City facilities in the following order of precedence: first, the United States flag; second, the Coin onvvealth of Massachusetts flag; and third, tote City of Boston flag. 1-3A.3 Special ~ccasians of Federal, State and loco[ proctamatian. a. Flags on City Hall Plaza sha11 be displayed in accordance with the above standards. However, ~h~ Mayer may order flags to be lowered to half staff including, but not limited to flags of tl~e United States of America end the Cori~monwealth of Massachusetts in honor of the death of a City ezx~ptoyee killed in the dine c~~ duty, car in observance of a specific event or circumstance. b. Pursuant to proclamation of the Mayor, ox resolution cif the City Council, other flags may be flown by the Ciiy in place of the City of Boston flag
1-3A.4 Qther Flags.
The C;ity's flagpoles are trot intended to serve as a forum for free expression by the public. The following flags may be displayed by the City as an expression of the City's official sentiments:
Y a, Flags ~f Gr~vernrrrents R~cvgt~ized by the United States. Flags cif governments recognized by tyre United States may be displayed upon the proclamation of the Mayor or by resolution of the City Council.
b. Flays Dlsplayec~ its G~njuncCivn With t?~craZ Events of Ceremonies as Ann~uncec~ ~iy ll~fayvral Procramatian or Crry Council Resolution. I3y proclamation of the Mayor or resolution of the City Counazl, other flags nosy be displayed as official City events or ceremonies. c. F`la~~ of'PrafessianaZ Sports Teams. Tl~e Mayox may carder tahe display of the flag o£ a professional sports tear~~ in cc~nnxneznaxatzon of a sagnificant aahievennent involving the City ofBc~stan. d. (?wnersdzi~v cif (.ether Flags. The City shad acquire ownersi~ip of all flags that it flies in place of the City of ~3oston flag.
SECTION 2: This Ordinance shall fake effect upon passa~~. ~ ~+' ~v~ Al~G
3/7/24, 9:18 AM export.amlegal.com/api/export-requests/fd42ff5a-2c5d-49bd-9038-c2e37fef4690/download/ 1-3 DISPLAY OF UNITED STATES FLAG.
The United States flag shall be displayed, unless the weather is unsuitable, upon the City Hall on every day except Sunday, and upon the other public buildings and public places where flag poles are available on Franklin's Birthday, January 17; Lincoln's Birthday, February 12; Washington's Birthday, February 22; Evacuation Day, March 17; Patriots' Day, April 19; Grant's Birthday, April 27; Memorial Day, May 30; Flag Day, June 14; Bunker Hill Day, June 17; Independence Day, July 4; Labor Day, first Monday in September; anniversary of the settlement of Boston, September 17; Columbus Day, October 12; Veterans Day, November 11; and on such other days as the Mayor or the City Council may from time to time order. Whenever any of the above-named days fall on Sunday the flags shall be displayed on the following day. It shall be the duty of the assistant commissioner of real property to display the flag in accordance with this section upon the City Hall and other public buildings under his care, custody and management.
(Ord. 1944 c. 2; Ord. 1953 c. 4 § 3; Ord. 1954 c. 2 § 79; Rev. Ord. 1961 c. 1 § 13; CBC 1975 Ord. T1 § 10)
1-3A DISPLAY OF FLAGS ON CITY HALL PROPERTY.
The purpose of this section is to establish guidelines for the display by the City of Boston of (1) flags of governments recognized by the Federal Government; and (2) other flags on City Hall Plaza.
Nothing herein shall be construed to conflict with City of Boston Code, Ordinances Sections 1-2.4 to 1-
2.7, inclusive or Section 1-3.
(Ord. 2022 c. 6)
1-3A.1 Policy.
It is the policy of the City of Boston that flags should be displayed in conformance with Federal and State policies, as stated in the Federal "Our Flag" publication of the Congress, House Document No. 96-144; Chapter 2, Section 6 of the Massachusetts General Laws and Chapter 2, Section 6A of the Massachusetts General Laws.
(Ord. 2022 c. 6)
1-3A.2 Order of Precedence.
Outdoor flags will be flown at City facilities in the following order of precedence: first, the United States flag; second, the Commonwealth of Massachusetts flag; and third, the City of Boston flag. (Ord. 2022 c. 6)
1-3A.3 Special Occasions of Federal, State and Local Proclamation. a. Flags on City Hall Plaza shall be displayed in accordance with the above standards. However, the Mayor may order flags to be lowered to half staff including, but not limited to flags of the United States of America and the Commonwealth of Massachusetts in honor of the death of a City employee killed in the line of duty, or in observance of a specific event or circumstance. b. Pursuant to proclamation of the Mayor, or resolution of the City Council, other flags may be flown by the City in place of the City of Boston flag.
(Ord. 2022 c. 6)
1-3A.4 Other Flags.
The City's flagpoles are not intended to serve as a forum for free expression by the public. The following flags may be displayed by the City as an expression of the City's official sentiments.:
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3/7/24, 9:18 AM export.amlegal.com/api/export-requests/fd42ff5a-2c5d-49bd-9038-c2e37fef4690/download/ a. Flags of Governments Recognized by the United States. Flags of governments recognized by the United States may be displayed upon the proclamation of the Mayor or by resolution of the City Council.
b. Flags Displayed in Conjunction With Official Events or Ceremonies as Announced by Mayoral Proclamation or City Council Resolution. By proclamation of the Mayor or resolution of the City Council, other flags may be displayed as official City events or ceremonies. c. Flags of Professional Sports Teams. The Mayor may order the display of the flag of a professional sports team in commemoration of a significant achievement involving the City of Boston. d. Ownership of Other Flags. The City shall acquire ownership of all flags that it flies in place of the City of Boston flag.
(Ord. 2022 c. 6)
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RESOLUTION NO. 2020-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING
A CITY HALL FLAG DISPLAY POLICY AND DIRECTING THAT THE LGBTQ PRIDE FLAG BE FLOWN FROM JUNE 17, 2020 THROUGH JUNE 30, 2020 IN RECOGNITION
OF PRIDE MONTH PURSUANT TO THE CITY HALL FLAG DISPLAY POLICY
CITY OF FOSTER CITY
WHEREAS, historically the City has flown the United States Flag, the California State Flag, and a Flag displaying the City’s Seal on the three-pronged flagpole at City Hall; and
WHEREAS, display of flags at City-owned sites is governed by the Foster City Flag Protocol policy, but this policy does not specifically enumerate which flags are to be flown; and
WHEREAS, the Council wishes to affirm that the United State Flag, California State Flag and City Seal flags are to be regularly flown outside City Hall; and WHEREAS, the Council also wishes to provide a method by which the City may, for temporary periods, fly an alternate flag in place of the flag displaying the City’s Seal; and
WHEREAS, City staff proposed the attached City Hall Flag Display Policy to establish the process by which alternative flags may be approved by the City Council for display on the flagpole at City Hall; and
WHEREAS, the proposed City Hall Flag Display Policy is intended to supplement the Foster City Flag Protocol policy; and
WHEREAS, on June 1, 2020, the City Council proclaimed June 2020 as “LGBTQ Pride Month” in the City of Foster City; and
WHEREAS, the Council wishes to adopt the City Hall Flag Display Policy, which allows for alternate flags to be temporarily flown in place of the flag displaying the City’s Seal on the flagpole outside City Hall, and to direct that the LGBTQ Pride Flag be flown from June 17, 2020 through June 30, 2020.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby adopt the attached City Hall Flag Display Policy, authorizes the Mayor to sign the policy and directs that the LGBTQ Pride Flag be flown in place of the flag displaying the City’s Seal beginning June 17, 2020 and continuing through June 30, 2020 on the flagpole at City Hall.
DocuSign Envelope ID: F62264FA-A118-4609-BD97-6BF22700122C
City Resolution No. 2020-58
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of June 2020, by the following vote:
AYES: Councilmembers Awasthi, Gehani, and Hindi
NOES: Councilmember Froomin, and Mayor Mahanpour
ABSENT: None
ABSTAIN: None
_______________________________
CATHERINE MAHANPOUR, MAYOR
ATTEST:
______________________________
PRISCILLA SCHAUS, CITY CLERK
DocuSign Envelope ID: F62264FA-A118-4609-BD97-6BF22700122C
City of Foster City
City Hall Flag Display Policy
Purpose: The purpose of this Policy is to proscribe the protocol for flags to be displayed on the three-pronged flag pole that stands just outside the entrance to the City Council Chambers building (Council Chambers Flagpole). It identifies the flags that are to be regularly flown on each of the three prongs and the process by which the Council may direct that an alternate flag be flown for a temporary period. Except as provided herein, no alternate flags may be flown on the Council Chambers Flagpole.
Foster City Flag Protocol: The City of Foster City currently maintains a “Foster City Flag Protocol” policy, which governs the display of flags at all five City facilities where flags are flown. This Policy is intended to supplement the Foster City Flag Protocol with respect to the Council Chambers Flagpole.
General Display: Except as otherwise provided for under this Policy, the Council Chambers Flagpole shall fly the Flag of the United States of America upon its tallest mast at the center of the display; shall fly the California State Flag on the mast that appears to the left of the center mast when viewed from the courtyard outside of the main entrance to the City Hall building; and a flag displaying the then-current Seal of the City of Foster City on the mast that appears to the right of the center mast.
Alternative Flags: The City Council may, by resolution, direct that commemorative flags be flown in addition to the flags of the United States of America, California State Flag, and City Flag. When this occurs, the State Flag shall be displayed on the pole below the Flag of the United States of America. The City Flag shall be displayed on the pole where the State Flag would otherwise be flown, and the commemorative flag shall be flown where the City Flag would otherwise be flown.
Catherine Mahanpour, Mayor Date
DocuSign Envelope ID: F62264FA-A118-4609-BD97-6BF22700122C 6/17/2020 | 11:39:00 AM PDT
RESOLUTION NO. 31-2021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ADOPTING AN ADMINISTRATIVE POLICY NO. 83 “THE DISPLAY OF FLAGS AT CITY FACILITIES” WHEREAS, the City desires to establish clear guidelines regarding the display of flags at City facilities; and
WHEREAS, the City also desires to establish a uniform policy to govern the flying of the National, State and City flags on City-owned properties at half-staff; and WHEREAS, the City wishes to establish a policy regarding the Ceremonial Pride Flag, which will be flown during the month of June at City Hall and on the City’s flagpole on Beach Boulevard; and
WHEREAS, the City’s flagpole areas are not intended to be a forum for free expression by the public; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pacifica hereby adopts Administrative Policy No. 83 in Attachment 1, which is attached hereto and incorporated herein by this reference.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 24th day of May 2021, by the following vote:
AYES, Councilmembers: Beckmeyer, Bier, Bigstyck, O’Neill, Vaterlaus.
NOES, Councilmembers: n/a.
ABSENT, Councilmembers: n/a.
ABSTAIN, Councilmembers: n/a.
_________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney
ATTACHMENT 1
CITY OF PACIFICA
ADMINISTRATIVE POLICY
DISPLAY OF FLAGS AT CITY FACILITIES
PURPOSE:
The purpose of this policy is to standardize the manner in which the national, State, City and Ceremonial flags, as identified herein, are to be displayed at certain City of Pacifica facilities. The City's flagpoles are not intended to serve as a forum for free expression by the public.
Nothing set forth in this policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or to wear or carry a flag.
POLICY:
1. Outdoor Display
The United States, State (“Bear”), City and Ceremonial flags may be flown from separate staffs or may be flown from the same flag staff as follows:
a. When two or more flags are flown from the same staff, the flag of the United States should always be at the peak of the staff.
b. When three flags are flown on the same staff, the United States flag shall be on top followed by the Bear Flag of the State of California followed by City and Ceremonial flags. c. When three or more flags are grouped and displayed from separate staffs, the flag of the United States should be at the center and at the highest point. The Bear Flag of the State of California is accorded the next place of honor on the viewer's left as they face the building (refer to 1(a) above).
d. Flags should be displayed between 8:00 a.m. and 5:00 p.m. Illuminated flags may be displayed 24 hours a day. Flags should not be flown in inclement weather.
Attachment 1
No.
83 DATE ISSUED:
5/24/2021
2. Indoor Display
a. City Council Chambers
The United States flag should be displayed on a staff in the position of honor on the right side of the City Council. Any City or Ceremonial flags should stand on the left side of the City Council. All flags should be on the same riser.
b. Auditoriums, Meeting Halls
When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the speaker’s right as he/she faces the audience. Any other flag so displayed should be placed on the left of the speaker or to the right of the audience.
3. Flying Flags at Half Staff
a. “Half-staff” is a style of flag display where a flag is flown approximately one-half the distance between the top and bottom of the staff.
b. All flags displayed on City-owned property pursuant to this policy will be flown at half-staff on the following occasions:
i. By required order through proclamation by the President of the United States ii. By required order through proclamation by the Governor of California iii. Memorial Day, last Monday in the month of May from sunrise to noon
4. Ceremonial Flags
Ceremonial flags, as identified below, will be flown at City Hall and on the Beach Boulevard Promenade only for the time period specified. The City's flagpoles are not intended to serve as a forum for free expression by the public.
The following Ceremonial flags may be displayed by the City as an expression of the City’s official sentiments:
Pride Flag
• The Ceremonial Pride flag may be displayed below the United States, Bear flag and City flag annually during the month of June.
5. Care of All Flags
Flags are to be dry-cleaned or replaced when they have been soiled. Flags that are torn are not to
be flown but are to be burned, if made from a material that is safe to burn. Otherwise, the flag will be donated to a VFW, American Legion or other appropriate flag retirement donation center.
6. Responsibility
The Department of Public Works is responsible for bringing the flag displays at certain City facilities (City Hall, Sharp Park Library, the Beach Boulevard Promenade) into compliance with this policy.
On weekends and holidays, Public Works shall be responsible for bringing the flag displays at those City facilities into compliance with this policy.
The Park, Beaches and Recreation Department is responsible for bringing flag displays at the Community Center into compliance with this policy.
The Fire Department is responsible for bringing the flag displays at the Fire Stations on City property into compliance with this policy.
The Police Department is responsible for bringing the flag displays at the Police Station into compliance with this policy.
RESOLUTION NO. 2019- 10- 6444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIGNAL HILL, CALIFORNIA, ESTABLISHING A
COMMEMORATIVE FLAG POLICY
WHEREAS, the City of Signal Hill displays flags at City facilities in accordance with Federal and State law: and
WHEREAS, the City does not have a policy regarding the display of commemorative flags; and
WHEREAS, the City' s flagpoles are not intended to serve as a forum for free expression by the public, but rather for the display of federal, state, and city flags, and any commemorative flag as may be authorized by resolution of the City Council as an expression of the City' s official sentiments.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SIGNAL
HILL, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The recitals set forth above are incorporated herein as findings by the City Council.
Section 2. The City Council hereby approves the Signal Hill Commemorative Flag Policy, as follows.
Commemorative Flag Policy
1. Authorization for Display
Commemorative flags may be displayed only as authorized by resolution of the City Council and as an expression of the City's official sentiments with respect to subject matters important to community members and residents.
The City will not display a commemorative flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party.
Resolution No. 2019- 10- 6444
October 8, 2019
Attachment B
adoption.
2. Annual Consideration of Display
In January of each year, the City Council will consider the display of commemorative flags for the upcoming year. After an initial agendized discussion, staff will return to a subsequent City Council meeting with a resolution supporting the City' s display of the flag( s) chosen. A majority of the City Council must vote affirmatively for said resolution.
3. Unscheduled Displays
In addition to the annual consideration, a Council Member may, at any time during the year, suggest the display of additional flags meeting the criteria of this policy. Consideration would be by a two- step process where on an agenda the Council considers the request, and if supported by a motion approved by a majority of the Councilmembers, staff would return with a formal resolution authorizing display of a commemorative flag. A majority of the City Council must vote affirmatively for said resolution.
4. Type of Display
Commemorative flags shall be displayed beneath the City of Signal Hill flag on the same flagpole.
5. Duration of Display
In general, commemorative flags will be rotated on a monthly basis, with the flag displayed on the first business day following the beginning of the month and removed on the first business day following the end of the month.
However, the City Council may, as part of the resolution authorizing display of a commemorative flag, adjust the duration of display as desired. If multiple flags are authorized to be displayed in a given month, the City Council will direct staff as to the desired term of display for each flag.
6. Location of Display
Commemorative flags shall be displayed at City Hall, the Library, and the Police Station.
Section 3. This Resolution shall become effective immediately upon its Resolution No. 2019- 10- 6444
October 8, 2019
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council this 8th day of October, 2019.
LOKI OS
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SIGNAL HILL )
I, CARMEN R. BROOKS, City Clerk of the City of Signal Hill, California, hereby certify that Resolution No. 2019- 10- 6444 was adopted by the City Council of the City of Signal Hill at a regular meeting held on the 8th day of October, 2019, and that the same was adopted by the following vote:
AYES: VICE MAYOR ROBERT D. COPELAND, COUNCIL
MEMBERS KEIR JONES, EDWARD H. J. WILSON
NOES: MAYOR LORI Y. WOODS, COUNCIL MEMBER TINA
L. HANSEN
ABSENT: NONE
ABSTAIN: NONE
Resolution No. 2019- 10- 6444
October 8, 2019
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 10
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: March 28, 2024
Subject: Determination of Employee Cost of Living Adjustment (COLA) for Fiscal Year 2024-25
BACKGROUND
Every year as part of the budget process, staff presents to City Council a proposed cost of living adjustment (COLA) for regular full-time staff members. The requested COLA is based on the Consumer Price Index (CPI), historic internal data, and external market survey data. Although staff typically uses CPI as the proposed COLA, staff is recommending City Council consider the average COLA from neighboring cities derived from the external market survey.
CPI is published by the Bureau of Labor Statistics of the U.S. Department of Labor (BLS).
The City of Buellton uses the “annual” average to formulate the cost of living adjustment.
CPI is a measure that examines the weighted average of prices of a basket of consumer goods and services such as housing, transportation, food and medical care. The BLS reported that the 12-month percent change in the CPI from January 2023 through December 2023 was an annual rate of 2.8 percent for the Los Angeles-Long Beach-Anaheim, CA area (Attachment 1). Santa Barbara County is included within this area for CPI.
The 30 year historic average annual CPI is 2.57 percent while the average COLA increase for City of Buellton employees is 2.28 percent (Attachment 2). A survey was taken of fourteen local cities within Santa Barbara and San Luis Obispo counties. Cities were asked to provide the percentage increase in salaries for their most current COLA (Attachment 3).
The average COLA increase for these cities was 3.94 percent which is 1.14 percent higher than CPI.
The City Manager is a full time employee of the City, and is eligible for this COLA as well. On July 27, 2023, City Council approved an amendment to the City Manager’s contract to reflect that the COLA granted to the rest of the City staff will also be granted to the City Manager without separate action of the City Council.
Determination of COLA Page 2 March 28, 2024
In addition, table 1 summarizes the number of full-time employees at each salary step level.
Each salary step level is a 5% increase in pay. Of the current 20 full-time employees, thirteen are at their max step level, or 60% of full-time employees. Without a COLA, more than half of full-time city employees will not experience a salary level increase this upcoming fiscal year.
Table 1: FTE Step Levels
FISCAL IMPACT
The fiscal impact to the City will be dependent upon the action taken by Council. If a 2.8 percent increase is granted, the overall increase to salary and benefits is approximately $75,373. The increase to the General Fund is $52,220, Water Fund is $10,644 and Wastewater Fund portion is $12,509.
If a 3.94 percent increase is granted, the overall increase to salary and benefits is approximately $104,697. The increase to the General Fund is $72,399, Water Fund is $17,564 and Wastewater Fund portion is $14,734.
Staff estimates that available General Fund and Water Fund revenue exists to fund the either proposed COLA in the next fiscal year. The Wastewater Fund will require use of reserves to fund the COLA. A water/sewer rate study is anticipated next fiscal year to offset increase.
RECOMMENDATION
That the City Council consider approving a cost of living adjustment as deemed appropriate for all full-time regular City employees, including the City Manager, for Fiscal Year 2024-
25. If approved by City Council, staff will bring back a resolution authorizing the COLA.
ATTACHMENTS
Attachment 1 – Consumer Price Index (CPI) - Urban Wage Earners and Clerical Workers; 12-Month Percent Change (Annual)
Attachment 2 – History of Cost of Living Adjustments
Attachment 3 – Cost of Living (COLA) Survey
Step Salary Level Number of Employees
Step 1 0
Step 2 4
Step 3 2
Step 4 2
Step 5 12
1/16/24, 10:52 AM Bureau of Labor Statistics Data
https://data.bls.gov/pdq/SurveyOutputServlet 1/1
Databases, Tables & Calculators by Subject
Special Notices 12/05/2023
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From: 2013 To: 2023
include graphs include annual averages
Data extracted on: January 16, 2024 (1:50:42 PM)
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) 12-Month Percent Change
Series Id: CWURS49ASA0
Not Seasonally Adjusted
Series Title: All items in Los Angeles-Long Beach-Anaheim, CA, urban wage earners and clerical workers, not seasonally adjusted Area: Los Angeles-Long Beach-Anaheim, CA
Item: All items
Base Period: 1982-84=100
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Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2013 1.9 2.4 1.3 0.9 1.0 1.5 1.6 0.9 0.7 -0.3 0.5 1.2 1.1 1.5 0.8 2014 0.8 0.4 1.0 1.6 1.8 1.9 2.1 1.8 1.6 1.4 1.0 0.3 1.3 1.3 1.4 2015 -0.7 -0.4 0.2 0.0 0.9 0.4 1.2 1.0 0.4 0.7 1.4 1.9 0.6 0.1 1.1 2016 3.3 2.3 1.3 1.6 0.6 1.1 0.3 0.6 1.5 1.9 1.5 1.7 1.5 1.7 1.3 2017 1.7 2.5 2.4 2.5 2.4 2.2 2.5 2.9 3.2 3.0 3.7 3.7 2.7 2.3 3.2 2018 3.7 3.7 3.9 4.1 4.3 4.2 4.0 4.1 3.9 4.3 3.8 3.3 3.9 4.0 3.9 2019 2.9 2.6 2.7 3.6 3.4 3.3 3.3 2.9 3.2 3.6 3.5 3.2 3.2 3.1 3.3 2020 3.5 3.5 2.2 0.6 0.6 1.3 1.9 2.2 1.4 0.6 1.0 1.5 1.7 1.9 1.4 2021 1.1 1.4 2.7 4.2 4.5 4.7 4.5 4.5 4.8 5.6 6.4 6.9 4.3 3.1 5.4 2022 7.6 7.3 8.7 8.1 8.2 8.9 7.9 7.6 7.8 7.6 5.9 4.6 7.5 8.1 6.9 2023 5.4 4.7 2.8 3.0 2.4 1.6 2.0 2.7 2.6 1.8 2.2 3.0 2.8 3.3 2.4 U.S. BUREAU OF LABOR STATISTICS
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City of Buellton
COLA survey
March 2024
CITY COLA
Atascadero 3.50% SEIU: FY 2022/3- 4%, FY 2023/24 -3.5%
Carpinteria 5.00% Effective 1/21/2023: 5%, FY 23/24 pending, based on March CPI but max of 5% Goleta 3.70% FY 23/24: 3% effective 7/1/23, plus 1% increase effective 4/1/23, for a total of 3.7% Grover Beach 3.00% FY 22/23: 3% + equity adjustment 1.5% for a total of 4.5%, FY 23/24: 3% Guadalupe 5.00% SEIU: FY 23-24 - 5%, FY 24-25 - 5%
Morro Bay 4.00% SEUI: FY 22-23 6%, FY 23-24 4%
Pismo Beach
San Luis Obispo Unrepresented Confidential Employees: FY 23-24 3%, FY 24-25 3%
3.00% Management: FY 23-24 3%, FY 24-25 3%
SLOCEA: FY 23-24 2%, FY 24-25 2% + market equity adjustments . Ranges from 2.6%-16.9% Santa Barbara 5.00% FY 23-24: 5%, FY 24-25: 5%
Non-represented Management and Confidential Employees: 2022 3.0%, eff 12/31/22 2.5% SEIU: Effective 1/1/24 - 5%, Effective 1/1/25 - 5%
Solvang 4.00% FY 23/24 - 6%, FY 24/25 - 4%, FY 25/26 - 5% Source: Various Cities in Santa Barbara and San Luis Obispo Counties # of Cities Surveyed: 14
# of Responses: 14
Survey Question: What is the percentage increase in salaries for the most recent COLA ? Santa Barbara Co. Average: 4.67%
San Luis Obispo Co. Average: 3.50%
Total Average for 14 Cities: 3.94%
Lompoc 5.00%
Santa Maria 5.00%
COLA Agreement
Arroyo Grande 3.50%
2.50% Unrepresented Management - Effective 1/8/2023- 8%, effective 1/7/2024 - 3%, effective 1/5/2025 - 2% IBEW FY 24/25 - 5%, FY 25/26 - 4%
SEIU: Effective 9/12/2023 - 5%, FY 2024/25 - 3.5%, FY 2025/26 - 3.5% Management: Effective 9/15/2023 - Equity Adjustments, FY 2024/25 - 3.5% SEIU: Effective 1/7/2024 - 2%, effective 1/5/2025- 2% Paso Robles SEIU: FY 2023/24 - 4%, FY 2024/25 - 3%
3.00% Management: FY 2023/24 - 4%, FY 2024/25 - 3%