CITY OF BUELLTON
SPECIAL MEETING - CITY COUNCIL AGENDA
Special Meeting of April 29, 2024 at 6:00 p.m.
City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend.
Written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at:
http://www.cityofbuellton.com/government/cityTV.php
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
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.
BUSINESS ITEMS (POSSIBLE ACTION)
1. Joint Powers Authority Amendment for SBCAG to Allow Coordination of Broadband Activities
(Staff Contact: City Manager Scott Wolfe)
2. Re-Appointment of Ad Hoc Committee for Negotiation of Development Opportunity Reserve Agreements on Avenue of Flags
(Staff Contact: City Manager Scott Wolfe)
3. Consideration of Funding Options for Meals on Wheels Program (Staff Contact: City Manager Scott Wolfe)
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, May 9, 2024 at 6:00 p.m.
CITY OF BUELLTON
Special City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 1
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: April 29, 2024
Subject: Joint Powers Authority Amendment for SBCAG to Allow Coordination of Broadband Activities
______________________________________________________________________________
BACKGROUND
During 2020, at the outset of the COVID-19 pandemic and increased stay at home activities, access to affordable, reliable, high-speed internet was exposed as needing much improvement. As such, legislative actions occurred at both the State and Federal levels. In June of 2020, California Senate Bill 1462 was approved establishing the California Broadband Council to promote broadband deployment in unserved and underserved areas as defined by the California Public Utilities Commission (CPUC). In August of 2020, Governor Newsom signed Executive Order N-73-20 which required the development of a Broadband Action Plan for California. Furthermore, in July of 2021 California Senate Bill 156 authorized Joint Powers Authorities (JPAs) to issue revenue bonds for broadband infrastructure implementation under the Broadband Loan Loss Reserve Fund.
Building upon this momentum at a local level, in October of 2021, the Broadband Alliance (Alliance) for Santa Barbara County was formed. The Alliance comprised member agencies of SBCAG and also included the Santa Ynez Band of Chumash Indians, the Broadband Consortium of the Pacific Coast and regional economic development organizations. Contributions were made from American Rescue Plan Act (ARPA) funding to develop a countywide Broadband Strategic Plan (BSP). Work on the BSP began in late 2021 and in December 2022, the SBCAG Board approved the BSP as a framework plan for which to initiate broadband implementation in the County. Prior to adoption of the BSP, SBCAG received approvals from member agencies, including the City of Buellton.
The BSP included several recommendations, one of which was member agencies approved forming a Joint Power Authority (JPA) for administering regional broadband to improve the broadband alignment among efforts by member agencies. To further explore options on development of the regional broadband, SBCAG and the County of Santa Barbara received grant funding from the California Public Utilities Commission (CPUC) under the Local Agency Technical Assistance (LATA) program. Under the grant, SBCAG initiated
SBCAG JPA Amendment Page 2 April 29, 2024
work on JPA options with an initial presentation to its board in October 2023. The SBCAG board approved an option that would amend SBCAG’s JPA agreement, expanding its scope of work to include broadband coordination activities. Members of SBCAG supported this as the simplest approach, as it did not require the development of a new JPA and also maintained local control for broadband implementation and permitting. Following the approval of the JPA amendment language by the SBCAG board, SBCAG counsel was directed to commence seeking input from the member agencies. That process has been completed and now the final language is ready for approval by each of the member agencies. Attached to this report is the final language for City Council approval.
FISCAL IMPACT
This item is not expected to have any impact on the City’s revenues or expenditures.
RECOMMENDATION
That the City Council approve the amendment to the Joint Powers Authority for Santa Barbara County Association of Governments to add the role of coordination of broadband activities.
ATTACHMENTS
Attachment 1 - SBCAG JPA Amendment (Clean)
Attachment 2 - SBCAG JPA Amendment (Redlined)
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
FOR THE
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“Agreement”) is made by and among the incorporated cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang, all being municipal corporations of the State of California within the County of Santa Barbara; and, the County of Santa Barbara, a body politic and corporate and subdivision of the State of California, as follows:
WHEREAS, Sections 6500 et seq. of the California Government Code (Title 1, Division 7, Chapter 5, Article 1), provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties; and WHEREAS, in 1966, the County of Santa Barbara, and the Cities of Santa Barbara, Santa Maria, Lompoc, Carpinteria, and Guadalupe established the Santa Barbara County and Cities Area Planning Council through an initial Joint Powers Agreement; and WHEREAS, beginning in 1990, the member agencies of the Santa Barbara County and Cities Area Planning Council executed an amendment to the initial Joint Powers Agreement to rebrand the agency as the Santa Barbara County Association of Governments which is considered the first amendment to the initial Joint Powers Agreement; and WHEREAS, through the following resolutions each governing body entered into the first amended Joint Powers Agreement approved in 1990 and replaced by this Second Amended and Restated Joint Powers Agreement:
1. By the City of Buellton, Council Resolution R92-44, on February 27, 1992;
2. By the City of Carpinteria, Council Resolution 1937, on July 23, 1990;
3. By the City of Goleta, Council Resolution 02-32, on February 1, 2002;
4. By the City of Guadalupe, Council Resolution 90-933, on August 27, 1990;
5. By the City of Lompoc, Council Resolution 3994(90), on September 18, 1990;
6. By the City of Santa Barbara, Council Resolution 90-163, on October 2, 1990;
7. By the City of Santa Maria, Council Resolution 90-104, on August 7, 1990;
8. By the City of Solvang, Council Resolution 90-173, on August 13, 1990; and
9. By the County of Santa Barbara, Board Resolution 90-744, on July 24, 1990.
WHEREAS, the City of Santa Barbara by virtue of its charter, and the other incorporated cities and the county, parties hereto have the joint and mutual powers, to address regional planning and program concerns, pursuant to various sections of the California Government Code; to designate an appropriate body to assume the planning responsibilities of an airport land use commission pursuant to Section 21670.1 of the California Public Utilities Code; to participate in regional planning within the meaning of title 42 of the United States Code (U.S.C.) section 3334; to designate a representative organization as the metropolitan planning organization pursuant to title 23 of the U.S.C. section 134(b); and to designate an appropriate body to assume the responsibilities for facilitating regional broadband internet access service or related telecommunications services consistent with, but not limited to, California Senate Bill 156 (2021) (excluding broadband and telecommunication permitting to which each incorporated city and the county shall retain its jurisdictional responsibility); and
WHEREAS, prior to 1990, a joint powers agency known as the Santa Barbara County and Cities Area Planning Council had been designated as the Local Transportation Authority for Santa Barbara County pursuant to California Public Utilities Code section 180000 et seq., and as the transportation planning agency pursuant to California Government Code section 29532; and
WHEREAS, prior to 1990, the parties hereto recognized that the County of Santa Barbara with its included incorporated cities had been designated by the Bureau of the Census as
a standard metropolitan area, and was changing from a rural to an urban area with continuing expansion of its incorporated cities and development of the formerly undeveloped areas; and
WHEREAS, all parties to said joint powers agency wish to reapprove, ratify, and include all of said functions, powers and designations in said agency and approve and give effect to the resolution adopted by said joint powers agency for it to continue to be known hereafter as the Santa Barbara County Association of Governments.
NOW, THEREFORE, it is agreed as follows:
1. The Santa Barbara County and Cities Area Planning Council that existed prior to 1990 consisting of the five members of the Board of Supervisors of the County of Santa Barbara from time to time in office and of one additional member from each incorporated city within the boundaries of the County of Santa Barbara which is a party to this agreement, shall continue to be known and designated hereafter as the Santa Barbara County Association o f Governments and is ratified, confirmed and continued to exercise the powers and fulfill the responsibilities referred to above and by any and all past action, assignment, designation and commitment as has heretofore been conferred upon said Santa Barbara County and Cities Area Planning Council inallaspects ofitsfunction and under all designations that it has been subject to. Dulyelected members oftheStateLegislature representing Santa Barbara County shall continue exofficiostatus with said agency. Therepresentatives from each citymaybethemayor or anymember of the City Council and shall serve so long as heorshe shall hold office oruntilresignation or removal bymajority vote of the City Council represented. Vacancies among representatives from the incorporated cities shall be filled in the same manner as the first appointment.
CountySupervisors shallservesolong as he or she shall hold office.
2. The Santa Barbara County Association of Governments shall serve as a transportation planning agency pursuant to Section 29532 of the Government Code;
as the Transportation authority pursuant to California Public Utilities Code section 180000 et seq.; as the metropolitan planning organization responsible for carrying out the provisions of title 23 of the U.S.C. section 134; as the airport land use commission pursuant to Section 21670.1 of the Public Utilities Code; as a metropolitan clearinghouse pursuant to Section 204 of Public Law 89-754 (42 U.S.C. § 3334); and, as the local agency responsible for facilitating regional broadband internet access service or related telecommunications services consistent with, but not limited to, California Senate Bill 156 (2021) (excluding broadband and telecommunication permitting to which each incorporated city and the county shall retain its jurisdictional responsibility). The Santa Barbara County Association of Governments may by resolution consent to serve as lead planning organization for air quality pursuant to Section 174 of Public Law 95-95 (42 U.S.C. § 7504) in the event the Board of Supervisors of Santa Barbara County relinquishes its designation as lead planning organization.
3. In addition to the incorporated cities mentioned in this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of Santa Barbara and which may desire to participate in the activities of this Santa Barbara County Association of Governments may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be bound by all of the terms and provisions of this Agreement as of the date of execution.
4. The time, place and dates of regular meetings, the method of calling special meetings, the election of such officers and the employment of such personnel as are deemed necessary and appropriate, arrangements for financing, and rules of procedures all be as provided in Bylaws adopted by the Santa Barbara County Association of Governments, or in the absence of Bylaws by majority vote of the governing board of said agency. In any event, regular meetings shall be held not less often than quarterly.
5. Officers and employees, including an Executive Director shall be employed by the· Council, as provided in the Ordinances adopted by said Transportation Authority.
6. The Santa Barbara County Treasurer shall be the depositary and have custody of all the money of the Santa Barbara County Association of Governments.
7. The undersigned parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of this organization or any committee or subcommittee.
8. This Agreement shall take effect upon its execution by the Chairmen and Clerks of the legislative bodies of all of the parties authorized pursuant to resolutions of such legislative bodies authorizing such execution as indicated below.
9. The Santa Barbara County Association of Governments shall have the powers provided by the acts, ordinances and designations referred to above, and such powers as are necessary to enable it to fulfill and carry out its functions as described herein, including, but not by way of limitation, the following powers:
a. to make and enter into contracts;
b. to apply for and accept grants, advances, and contributions from any source including member Jurisdictions;
c. to employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary;
d. to make plans and conduct studies;
e. to sue and be sued in its own name;
f. to incur debts, liabilities, or obligations, subject to the limitations herein set forth; and
g. to adopt annually a budget setting forth all administrative, operational and capital expenses.
10. Nothing herein shall be construed as limiting in any manner the power of any of the respective parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the agency may have the effect of precluding any favorable action by an agency of the state or federal governments in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under laws, regulations and policies applicable to them.
11. This Agreement shall be effective for a period of five years but shall be deemed automatically renewed by each party hereto for additional five-year periods unless a notice of non-renewal adopted by resolution of the governing body of such a party is given to the Santa Barbara County Association of Governments.
12. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
13. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date when fully executed by all parties.
[Signatures on following pages.]
CITY OF BUELLTON
Dave King Date:
Mayor
ATTEST:
Scott Wolfe
City Manager
APPROVED AS TO FORM:
Greg Murphy
City Attorney
CITY OF CARPINTERIA
Al Clark Date:
Mayor
ATTEST:
Michael Ramirez
City Manager
APPROVED AS TO FORM:
Jena Shoaf Acos
City Attorney
CITY OF GOLETA
Paula Perotte Date:
Mayor
ATTEST:
Robert Nisbet
City Manager
APPROVED AS TO FORM:
Megan Garibaldi
City Attorney
CITY OF GUADALUPE
Ariston Julian Date:
Mayor
ATTEST:
Todd Bodem
City Administrator
APPROVED AS TO FORM:
Philip F. Sinco
City Attorney
CITY OF LOMPOC
Jenelle Osborne Date:
Mayor
ATTEST:
Dean Albro
City Manager
APPROVED AS TO FORM:
Jeff Malawy
City Attorney
CITY OF SANTA BARBARA
Paul Casey Date:
City Administrator
ATTEST:
Sarah Gorman
City Clerk Services Manager
APPROVED AS TO FORM:
Ariel P. Calonne
City Attorney
Daniel S. Hentschke,
Assistant City Attorney
CITY OF SANTA MARIA
Alice Patino Date:
Mayor
ATTEST:
Sarah Gorman
City Administrator
APPROVED AS TO FORM:
Thomas T. Watson
City Attorney
Jeffrey Patrick
Assistant City Attorney
CITY OF SOLVANG
Mark Infanti Date:
Mayor
ATTEST:
Randy Murphy
City Manager
APPROVED AS TO FORM:
Chelsea O’Sullivan
City Attorney
COUNTY OF SANTA BARBARA
Steve Lavagnino Date:
Chair, Board of Supervisors
ATTEST:
Mona Miyasato
County Executive Officer
Clerk of the Board
Deputy Clerk
APPROVED AS TO ACCOUNTING FORM:
Betsy M. Schaffer, CPA
Auditor-Controller
Deputy
APPROVED AS TO FORM:
Rachel Van Mullem
County Counsel
Deputy County Counsel
APPROVED AS TO FORM:
Greg Milligan
Risk Manager
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
FOR THE
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“Agreement”) is made by and among the incorporated cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, Lompoc, Carpinteria, Guadalupe, and Solvang, all being municipal corporations of the State of California within the County of Santa Barbara;, and, the County of Santa Barbara, a body politic and corporate and subdivision of the State of California, as follows:
WHEREAS, Sections 6500 et seq. of the California Government Code (Title 1, Division 7, Chapter 5, Article 1), provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties; and WHEREAS, in 1966, the County of Santa Barbara, and the Cities of Santa Barbara, Santa Maria, Lompoc, Carpinteria, and Guadalupe established the Santa Barbara County and Cities Area Planning Council through an initial Joint Powers Agreement; and WHEREAS, beginning in 1990, the member agencies of the Santa Barbara County and Cities Area Planning Council executed an amendment to the initial Joint Powers Agreement to rebrand the agency as the Santa Barbara County Association of Governments which is considered the first amendment to the initial Joint Powers Agreement; and WHEREAS, through the following resolutions each governing body entered into the first amended Joint Powers Agreement approved in 1990 and replaced by this Second Amended and Restated Joint Powers Agreement:
1. By the City of Buellton, Council Resolution R92-44, on February 27, 1992;
2. By the City of Carpinteria, Council Resolution 1937, on July 23, 1990;
3. By the City of Goleta, Council Resolution 02-32, on February 1, 2002;
4. By the City of Guadalupe, Council Resolution 90-933, on August 27, 1990;
5. By the City of Lompoc, Council Resolution 3994(90), on September 18, 1990;
6. By the City of Santa Barbara, Council Resolution 90-163, on October 2, 1990;
7. By the City of Santa Maria, Council Resolution 90-104, on August 7, 1990;
8. By the City of Solvang, Council Resolution 90-173, on August 13, 1990; and
9. By the County of Santa Barbara, Board Resolution 90-744, on July 24, 1990.
WHEREAS, the City of Santa Barbara by virtue of its charter, and the other incorporated cities and the county, parties hereto have the joint and mutual powers, to address area regional planning and program concerns, pursuant to various sections of the California Government Code; to designate an appropriate body to assume the planning responsibilities of an airport land use commission pursuant to Section 21670.1 of the California Government Public Utilities Code; to participate in regional planning within the meaning of title 42 of the United States Code (U.S.C.) section U.S.C. § 3334; and to designate a representative organization as the metropolitan planning organization pursuant to title 23 of the U.S.C. §section 134(b); and to designate an appropriate body to assume the responsibilities for facilitating regional broadband internet access service or related telecommunications services consistent with, but not limited to, California Senate Bill 156 (2021) (excluding broadband and telecommunication permitting to which each incorporated city and the county shall retain its jurisdictional responsibility); and WHEREAS, prior to 1990, a joint powers agency known as the Santa Barbara County and Cities Area Planning Council has been exercising such powers for such purposes, and has had been designated as the Local Transportation Authority for Santa Barbara County pursuant to California Public Utilities Code section 180000 et seq., and as the transportation planning agency pursuant to California Government Code section 29532; and
WHEREAS, prior to 1990, the parties hereto recognized that the County of Santa Barbara with its included incorporated cities has had been designated by the Bureau of the Census as a standard metropolitan area, and iswas changing from a rural to an urban area with continuing expansion of its incorporated cities and development of the formerly undeveloped areas; and
WHEREAS, all parties to said joint powers agency wish to reapprove, ratify, and include all of said functions, powers and designations in said agency and approve and give effect to the resolution adopted by said joint powers agency for it to continue to be known hereafter as the Santa Barbara County Association of Governments.
NOW, THEREFORE, it is agreed as follows:
1. The Santa Barbara County and Cities Area Planning Council that existed prior to 1990 consisting of the five members of the Board of Supervisors of the County of Santa Barbara from time to time in office and of one additional member from each incorporated city within the boundaries of the County of Santa Barbara which is a party to this agreement, shall continue to be known and designated hereafter as the Santa Barbara County Association o f Governments and is ratified, confirmed and continued to exercise the powers and fulfill the responsibilities referred to above and by any and all past action, assignment, designation and commitment as has heretofore been conferred upon said Santa Barbara County and Cities Area Planning Council in all aspects of its function and under all designations that it has been subject to. Duly elected members of the State Legislature representing Santa Barbara County shall continue ex officio status with said agency. The representatives from each city may be the mayor or any member of the City Council and shall serve so long as he or she shall hold office or until resignation or removal by majority vote of the City Council represented. Vacancies among representatives from the incorporated cities shall be filled in the same manner as the first appointment.
County Supervisors shall serve so long as he or she shall hold office.
2. The Santa Barbara County Association of Governments shall serve as a transportation planning agency pursuant to § Section 29532 of the Government Code;, as the Transportation authority pursuant to California Public Utilities Code section 180000 et Sseq.;, as the metropolitan planning organization responsible for carrying out the provisions of title 23 of the U.S.C. §section 134,; as the airport land use commission pursuant to § Section 21670.1 of the Public Utilities Code,; and as a metropolitan clearinghouse pursuant to § Section 204 of Public Law 89-754 (42 U.S.C. § 3334); and, as the local agency responsible for facilitating regional broadband internet access service or related telecommunications services consistent with, but not limited to, California Senate Bill 156 (2021) (excluding broadband and telecommunication permitting to which each incorporated city and the county shall retain its jurisdictional responsibility). The Santa Barbara County Association of Governments may by resolution consent to serve as lead planning organization for air quality pursuant to Section 174 of Public Law 95-95 (42 U.S.C. § 7504) in the event the Board of Supervisors of Santa Barbara County relinquishes its designation as lead planning organization.
3. In addition to the incorporated cities mentioned in this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of Santa Barbara and which may desire to participate in the activities of this Santa Barbara County Association of Governments may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be bound by all of the terms and provisions of this Agreement as of the date of execution.
4. The time, place and dates of regular meetings, the method of calling special meetings, the election of such officers and the employment of such personnel as are deemed necessary and appropriate, arrangements for financing, and rules of procedures all be as provided in Bylaws adopted by the Santa Barbara County Association of Governments, or in the absence of Bylaws by majority vote of the governing board of said agency. In any event, regular meetings shall be held not less
often than quarterly.
5. Officers and employees, including an Executive Director shall be employed by the· Council, as provided in the Ordinances adopted by said Transportation Authority.
6. The Santa Barbara County Treasurer shall be the depositary and have custody of all the money of the Santa Barbara County Association of Governments.
7. The undersigned parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of this organization or any committee or subcommittee.
8. This Agreement shall take effect upon its execution by the Chairmen and Clerks of the legislative bodies of all of the parties authorized pursuant to resolutions of such legislative bodies authorizing such execution as indicated below.
9. The Santa Barbara County Association of Governments shall have the powers provided by the acts, ordinances and designations referred to above, and such powers as are necessary to enable it to fulfill and carry out its functions as described herein, including, but not by way of limitation, the following powers:
a. to make and enter into contracts;
b. to apply for and accept grants, advances, and contributions from any source including member Jurisdictions;
c. to employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary;
d. to make plans and conduct studies;
e. to sue and be sued in its own name;
f. to incur debts, liabilities, or obligations, subject to the limitations herein set forth; and
g. to adopt annually a budget setting forth all administrative, operational and
capital expenses.
10. Nothing herein shall be construed as limiting in any manner the power of any of the respective parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the agency may have the effect of precluding any favorable action by an agency of the state or federal governments in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under laws, regulations and policies applicable to them.
11. This Agreement shall be effective for a period of five years but shall be deemed automatically renewed by each party hereto for additional five-year periods unless a notice of non-renewal adopted by resolution of the governing body of such a party is given to the Santa Barbara County Association of Governments.
12. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
11.13. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date when fully executed by all parties.
[Signatures on following pages.]
CITY OF BUELLTON
Dave King Date:
Mayor
ATTEST:
Scott Wolfe
City Manager
APPROVED AS TO FORM:
Greg Murphy
City Attorney
CITY OF CARPINTERIA
Al Clark Date:
Mayor
ATTEST:
Michael Ramirez
City Manager
APPROVED AS TO FORM:
Jena Shoaf Acos
City Attorney
CITY OF GOLETA
Paula Perotte Date:
Mayor
ATTEST:
Robert Nisbet
City Manager
APPROVED AS TO FORM:
Megan Garibaldi
City Attorney
CITY OF GUADALUPE
Ariston Julian Date:
Mayor
ATTEST:
Todd Bodem
City Administrator
APPROVED AS TO FORM:
Philip F. Sinco
City Attorney
CITY OF LOMPOC
Jenelle Osborne Date:
Mayor
ATTEST:
Dean Albro
City Manager
APPROVED AS TO FORM:
Jeff Malawy
City Attorney
CITY OF SANTA BARBARA
Paul Casey Date:
City Administrator
ATTEST:
Sarah Gorman
City Clerk Services Manager
APPROVED AS TO FORM:
Ariel P. Calonne
City Attorney
Daniel S. Hentschke,
Assistant City Attorney
CITY OF SANTA MARIA
Alice Patino Date:
Mayor
ATTEST:
Sarah Gorman
City Administrator
APPROVED AS TO FORM:
Thomas T. Watson
City Attorney
Jeffrey Patrick
Assistant City Attorney
CITY OF SOLVANG
Mark Infanti Date:
Mayor
ATTEST:
Randy Murphy
City Manager
APPROVED AS TO FORM:
Chelsea O’Sullivan
City Attorney
COUNTY OF SANTA BARBARA
Steve Lavagnino Date:
Chair, Board of Supervisors
ATTEST:
Mona Miyasato
County Executive Officer
Clerk of the Board
Deputy Clerk
APPROVED AS TO ACCOUNTING FORM:
Betsy M. Schaffer, CPA
Auditor-Controller
Deputy
APPROVED AS TO FORM:
Rachel Van Mullem
County Counsel
Deputy County Counsel
APPROVED AS TO FORM:
Greg Milligan
Risk Manager
CITY OF BUELLTON
Special City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 2
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: April 29, 2024
Subject: Re-Appointment of Ad Hoc Committee for Negotiation of Development Opportunity Reserve Agreements on Avenue of Flags ______________________________________________________________________________
BACKGROUND
As part of the Avenue of Flags Specific Plan, a prospective project applicant can negotiate with the City to allow additional density, increase building heights, reduce parking or setback requirements, or obtain other development concessions in exchange for community benefits to be provided by the project applicant or developer. This is known as the Development Opportunity Reserve (DOR) program, and was incorporated into the Avenue of Flags Specific Plan upon adoption. The mechanism for the approval of such concessions is a development agreement, which must be approved by the City Council.
Given the difficulties of negotiating an agreement during a City Council meeting, in October of 2021, staff suggested that the City Council appoint an Ad Hoc Committee for the purpose of negotiating the details of the DOR program as it pertained to the particular project in question. While the Ad Hoc Committee was tasked with the negotiation of the agreement, the negotiation of the agreement was not deemed final until the City Council considered the agreement in open session of a City Council meeting. The City Council was not bound to the negotiations of the Committee, but was free to accept the Committee’s recommendation, modify it as seen fit by the City Council, or reject the agreement altogether.
Applications are in process which could have DOR implications moving forward. The Ad Hoc Committee should be re-convened to undertake these negotiations. In keeping with the prior direction of the City Council, staff would suggest that the Mayor and Vice Mayor be re-seated as members of this committee.
FISCAL IMPACT
This item is not expected to have any impact on the City’s revenues or expenditures.
Ad Hoc Committee for DOR Page 2 April 29, 2024
RECOMMENDATION
That the City Council re-appoint the Mayor and Vice Mayor as an Ad Hoc Committee for the negotiation of any DOR program development agreements for projects within the Avenue of Flags Specific Plan Area.
CITY OF BUELLTON
Special City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: April 29, 2024
Subject: Consideration of Funding Options for Meals on Wheels Program ______________________________________________________________________________
BACKGROUND
At the March 11, 2024, meeting, the City Council directed staff to work with Pam Gnekow, the CEO of Santa Ynez Community Outreach (SYVCO), to determine needs and potential options to provide supportive funding of the SYVCO’s Meals on Wheels (MOW) program.
At this meeting, Mrs. Gnekow informed the City Council of the serious shortfall of anticipated funding due to increased competition and decreased funding of typical grant sources. The City Council directed staff to meet with her and return with options to consider for supplementing the funding of MOW.
Staff has met with Mrs. Gnekow over the past month and reviewed the current situation.
SYVCO has a vigorous approach to fund raising, reaching out for many grant opportunities, holding a major funding raising event, and operating two thrift stores.
As noted, the lack of funds being experienced is due to diminishing grant awards, coupled with high inflation. Earlier in the year, when grant funds failed to materialize and before the MOW program was forced to begin charging clients who had previously received free meals due to their financial position, there were 409 Buellton-resident clients who were receiving delivered meals.
Since the charges began, the number of clients on the program has decreased to 268. This
34.5% drop in clients is not indicative of a 34.5% reduction in need, meaning that many of the clients who are most in need of this program to provide their basic nutritional needs are now facing a serious risk of hunger and malnutrition.
Mrs. Gnekow has indicated willingness to consider a variety of options for funding, and has offered to sell the existing thrift store building located at the corner of Highway 246 and Central Avenue to assist in keeping the MOW program afloat. The following options have been presented by Mrs. Gnekow as being ones that will work for SYVCO and will provide needed funding to ensure continued operation of the MOW program:
1. The City grants SYVCO $250,000 per year for up to 5 years.
Additional SYVCO Funding Page 2 April 29, 2024
2. The City can purchase and hold the title to the Thrift Store on Highway 246, which has been appraised at $1.2 million.
3. The City could loan SYVCO funds ($250,000/year) with low payments to be made to the City.
While any of these options might be workable, staff would recommend the City Council look at one of two options, assuming that there is a desire to provide additional funding for this program:
1. The City purchases the Thrift Store property outright, and leases back to SYVCO to allow them to continue to use the property to raise funds.
2. The City enters into a multi-year purchase arrangement, wherein the City pays SYVCO a portion of the purchase price each year, in addition a regular “budget” amount for their services. After a given number of years, the City and SYVCO could meet to discuss the method and timing for completing the purchase. Should SYVCO decide to cancel the sale, they can simply repay the amount the City has paid, plus an interest amount (likely tied to LAIF) and retain title to the property.
One of these options provides SYVCO with funds to continue operating their program while protecting City interests by providing the City equity in the Thrift Store property.
Further details can be given at the April 29 meeting.
Staff would recommend that the City Council discuss the matter, and give City staff direction to return to the City Council with the appropriate documentation to accomplish the recommended action. Staff would also recommend, regardless of approach selected, that the Council consider an additional “grant” payment immediately to ensure that the program can continue in the near future.
FISCAL IMPACT
The fiscal impact of this item is dependent upon the amount of support to be granted and the method for providing it. A future report will detail the anticipated fiscal impact once staff has been directed to take action, and prior to the final approval of that action. expenditures.
RECOMMENDATION
That the City Council consider the request of SYVCO and, if appropriate, direct staff to take appropriate action.
ATTACHMENTS
Attachment 1 - Letter from SYVCO dated April 24, 2024