CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of June 27, 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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 June 13, 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 Agenda Page 2 June 27, 2024
3. Monthly Treasurer’s Report – May 31, 2024
(Staff Contact: Finance Director Shannel Zamora)
4. Resolution No. 24-20 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2024-25” (Staff Contact: Finance Director Shannel Zamora)
5. Resolution No. 24-21 – “A Resolution of the City Council of the City of Buellton, California, Setting Priorities for Filing a Written Argument Regarding a City Measure to Increase the Transient Occupancy Tax and Directing the City Attorney to Prepare an Impartial Analysis”
Resolution No. 24-22 – “A Resolution of the City Council of the City of Buellton, California, Setting Priorities for Filing a Written Argument Regarding a City Measure to Amend the Urban Growth Boundary and Directing the City Attorney to Prepare an Impartial Analysis”
(Staff Contact: City Manager Scott Wolfe)
PRESENTATIONS
6. Recognition of Retiring City Employee, Clare Barcelona
PUBLIC HEARINGS
COUNCIL MEMBER COMMENTS/ITEMS
WRITTEN COMMUNICATIONS
COMMITTEE REPORTS
BUSINESS ITEMS (POSSIBLE ACTION)
7. Presentation on the Santa Ynez Valley Botanic Garden
8. Award of Contract for Classification and Compensation Study (Staff Contact: H.R. Director Linda Reid)
9. Discussion of Proposed Public Safety Radio Tower at Fire Station 31 (Staff Contact: City Manager Scott Wolfe)
10. Discussion Regarding Requirement for On-site Resident Manager for Hotel Properties
(Staff Contact: Planning Director Andrea Keefer)
City Council Meeting Agenda Page 3 June 27, 2024
11. Discussion of Possible Changes to Planning Commission Appointment Procedures, Planning Commission Duties, Planning Commissioner Terms, and the Filling of Planning Commission Vacancy
(Staff Contact: City Manager Scott Wolfe)
12. Consideration of Fourth Amendment to City Manager Employment Agreement and Discussion of Salary Adjustment for City Manager for Fiscal Year 2024-25 (Staff Contact: City Attorney Greg Murphy)
CITY MANAGER’S REPORT
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, July 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 June 13, 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, and Mayor King
Absent: Council Member Hudson Hornick
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
Mayor King requested and the Council agreed by consensus to continue Item No. 14 to the Council meeting of June 27, so that Council Member Hornick can be present to discuss the item.
PUBLIC COMMENTS
None
CONSENT CALENDAR
1. Minutes of May 23, 2024 Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024
3. Resolution No. 23-18 – “A Resolution of the City Council of the City of Buellton, California, Acknowledging the Receipt of and Ordering the Filing of the Annual Statement of Investment Policy for Fiscal Year 2024-25 with the City Council”
City Council Meeting Minutes Page 2 June 13, 2024
4. Biennial Review of Conflict of Interest Code
5. Resolution No. 24-19 – “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Mid-Cycle Budget Amendments Related to Fiscal Year 2024-25”
6. Acceptance of City of Buellton Transportation Development Act (TDA) Fund Financial Statements for Years Ended June 30, 2023 and June 30, 2022 with Independent Auditor’s Report
7. Acceptance of the 2022/23 Road Maintenance Project
MOTION:
Motion by Vice Mayor Silva seconded by Council Member Lewis, approving Consent Calendar Items 1 through 7 as listed.
VOTE:
Motion passed by a roll call vote of 4-0.
Council Member Lewis – Yes, abstain as to Item 1
Council Member Sanchez – Yes
Vice Mayor Silva - Yes
Mayor King – Yes
PRESENTATIONS
8. Presentation of Certificates to Recipients of the Norman and Gale Williams Buellton Education Scholarships
Mayor King congratulated Marcelo Andrade and Mackenzie Peters, recipients of the Norman and Gale Williams Buellton Education Scholarships for the 2024-2025 academic year. Mackenzie Peters read her essay to the audience. Representatives from the Williams’ family spoke about the value of education and congratulated the scholarship recipients.
9. Proclamation Recognizing Juneteenth – June 19, 2024
Mayor King read the proclamation recognizing Juneteenth – June 19, 2024 and presented the proclamation to Vashti Wilson. Ms. Wilson spoke about the importance of honoring Juneteenth and thanked the Council for their support.
10. Proclamation Recognizing June 2024 as LGBTQIA + Pride Month Mayor King read the proclamation recognizing LGBTQIA + Pride Month and presented the proclamation to Lauren Lastra from SYV Pride. Ms. Lastra spoke about the importance of honoring LGBTQIA + Pride Month and thanked the Council for their support.
City Council Meeting Minutes Page 3 June 13, 2024
Jules Bianco, Lompoc, spoke in support of the Pride proclamation and thanked the Council for supporting LGBTQIA + Pride Month.
Carla Mead, Buellton, discussed the importance of honoring both Juneteenth and LGBTQIA + Pride Month and thanked the Council for their support.
PUBLIC HEARINGS
11. Resolution No. 24-09 – “A Resolution of the City Council of the City of Buellton, California, Regarding the Commitments and Publishing the Report Required by Central Coast Water Authority Resolution Nos. 92-02 and 92-11” RECOMMENDATION:
That the City Council consider approval of Resolution No. 24-09.
STAFF REPORT:
Public Works Director Hess presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Mayor King opened the public hearing at 6:31 p.m. There being no public comment, Mayor King closed the Public Hearing at 6:32 p.m.
MOTION:
Motion by Vice Mayor Silva, seconded by Council Member Lewis adopting Resolution No. 24-09 – “A Resolution of the City Council of the City of Buellton, California, Regarding the Commitments and Publishing the Report Required by Central Coast Water Authority Resolution Nos. 92-02 and 92-11”
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
COUNCIL MEMBER COMMENTS/ITEMS
Vice Mayor Silva thanked the Council for supporting both LGBTQIA + Pride Month and Juneteenth. Vice Mayor Silva requested that staff install signage at Village Park reminding dog owners that all dogs must be kept on a leash while visiting the Park.
City Council Meeting Minutes Page 4 June 13, 2024
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
Mayor King announced that he attended the North County Sub-Regional Planning Committee meeting and provided an oral report for the record.
BUSINESS ITEMS
12. Resolution No. 24-16 – “A Resolution of the City Council of the City of Buellton, California, Calling and Giving Notice of the Holding of an Election that is Requested to be Consolidated with the General Election to be Held on Tuesday, November 5, 2024 for the Submission to the Qualified Voters of the Question: Should the Buellton General Plan be Amended Until December 31, 2036, to Expand the Area within the Existing Urban Growth Boundary by Approximately 123 Acres (Allowing for Potential Expansion of City Limits within the Expanded Area) but Prohibit Other Changes to the City Limits or the Provision of Municipal Services Beyond the Amended Urban Growth Boundary Line Except by Another Initiative Election?” RECOMMENDATION:
That the City Council consider the adoption of Resolution No. 24-16.
STAFF REPORT:
City Manager Wolfe presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Correspondence regarding this item was received and made part of the record from the following individuals:
• Len Fleckenstein
• We Watch Board of Directors
The City Council discussed how City staff will work with County staff on any proposed projects situated next to Buellton’s city limits.
Theresa Reilly, spoke on behalf of We Watch Board of Directors and read the Board’s input letter into the record.
Supervisor Joan Hartmann spoke in support of the Urban Growth Boundary amendment as presented by City Manager Wolfe. Ms. Hartmann provided background information on the first Urban Growth Boundary in 2008 and thanked staff and the Council for spending so much time on this important issue.
City Council Meeting Minutes Page 5 June 13, 2024
MOTION:
Motion by Council Member Lewis, seconded by Council Member Sanchez, adopting Resolution No. 24-16 – “A Resolution of the City Council of the City of Buellton, California, Calling and Giving Notice of the Holding of an Election that is Requested to be Consolidated with the General Election to be Held on Tuesday, November 5, 2024 for the Submission to the Qualified Voters of the Question: Should the Buellton General Plan be Amended Until December 31, 2036, to Expand the Area within the Existing Urban Growth Boundary by Approximately 123 Acres (Allowing for Potential Expansion of City Limits within the Expanded Area) but Prohibit Other Changes to the City Limits or the Provision of Municipal Services Beyond the Amended Urban Growth Boundary Line Except by Another Initiative Election?”
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
13. Presentation on Santa Barbara County Master Plan for Aging RECOMMENDATION:
That the City Council receive Ms. Weiss’ report and direct staff as appropriate.
STAFF REPORT:
City Manager Wolfe presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
The City Council thanked Ms. Weiss for her presentation and discussed the importance of assisting seniors and those dealing with aging family members.
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.
CLOSED SESSION ITEMS
15. Closed Session Pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation
The City Council met in Closed Session to discuss Item 15. No reportable action was taken.
City Council Meeting Minutes Page 6 June 13, 2024
16. Closed Session - California Government Code Section 54957 regarding:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
The City Council met in Closed Session to discuss Item 16. No reportable action was taken.
ADJOURNMENT
Mayor King adjourned the regular meeting at 8:15 p.m. The next regular meeting of the City Council will be held on Thursday, June 27, 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: June 27, 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 06/01/2024 through 06/14/2024 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 06/01/2024 through 06/14/2024 was $686,281.55.
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 06/01/2024 through 06/14/2024.
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 City Council
From: Shannel Zamora, Finance Director
Meeting Date: June 27, 2024
Subject: Monthly Treasurer’s Report – May 31, 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 May 31, 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 receive and file the Treasurer’s Report for the month ending May 31, 2024.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – May 31, 2024
[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in May 31, 2024
June 27, 2024
This report presents the City’s cash activity and investment portfolio as of May 31, 2024. The report includes:
1) Cash and investments at May 31, 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 May 31, 2024
The following schedule is a summary of the City’s cash and investments based on recorded value as of May 31, 2024 compared with the prior month.
April 30, 2024 May 31, 2024 $ Change
Cash - Pooled $ 7,444,427.49 $ 6,329,464.35 $ (1,114,963.14) Investments held by the City 17,547,282.28 17,572,117.73 $ 24,835.45 TOTAL CASH AND INVESTMENTS 24,991,709.77 $ $ 23,901,582.08 $ (1,090,127.69) 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 annual state water payment to Central Coast Water Authority (CCWA) and annual payment for workers compensation liability, property insurance. 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
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The following schedule is a reconciliation of Cash and Investments to City ledger:
14,986,107.59
3,217,196.85
(1,888,415.94)
7,560,785.87
(2,734,779.75)
11,475.17
37,844.66
720,771.78
366,938.95
9,482.45
723,768.96
445,913.35
502,662.06
-
-
(58,169.92)
-
23,901,582.08
6,318,159.15
5,501,726.59
11,305.20
2,918,127.55
9,152,263.59
Pooled Cash - Webster Bank Escrow - -
23,901,582.08
999-21000 Wages Payable - -
23,901,582.08
23,901,582.08
23,901,582.08
Per Statements: 5/31/2024
Mechanics General Checking 6,748,391.04
Mechanics Money Market 5,501,726.59
Mechanics FSA 11,305.20
Local Agengcy Investment Fund (LAIF) 9,152,263.59
Multi-Bank Securities Bank 2,918,127.55
Webster Bank - Escrow -
Total Cash Per Statement: 24,331,813.97
Claim on Cash vs Total (430,231.89)
Outstanding Items: (430,231.89)
Difference: (0.00)
Bank Reconciliation - May 2024
City of Buellton, CA
For the Period Ending 5/31/2024
5/1/2024
BALANCE
CURRENT
ACTIVITY
5/31/2024
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,888,415.94) -
020-10000 Claim On Pooled Cash 8,300,434.88 (739,649.01)
CLAIM ON CASH
001-10000 Claim On Pooled Cash 14,792,664.66 193,442.93 005-10000 Claim On Pooled Cash 3,284,720.27 (67,523.42) 024-10000 Claim On Pooled Cash 37,812.91 31.75
025-10000 Claim On Pooled Cash 704,984.44 15,787.34
021-10000 Claim on Pooled Cash (2,734,779.75) -
023-10000 Claim On Pooled Cash 161,339.72 (149,864.55)
031-10000 Claim On Pooled Cash 692,708.59 31,060.37
032-10001 Claim On Pooled Cash 445,539.31 374.04
027-10000 Claim On Pooled Cash 368,297.81 (1,358.86)
029-10000 Claim On Pooled Cash 12,362.83 (2,880.38)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 351,799.63 (409,969.55)
075-10000 Claim On Pooled Cash 462,240.41 40,421.65
090-10000 Claim On Pooled Cash - -
999-10002 Pooled Cash - Money Market 5,481,475.17 20,251.42 999-10003 Pooled Cash - FSA 10,634.12 671.08
TOTAL CLAIM ON CASH 24,991,709.77 (1,090,127.69)
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 7,433,793.37 (1,115,634.22) 999-10006 -
TOTAL: Cash in Bank 24,991,709.77 (1,090,127.69)
-
999-10004 Pooled Cash - Brokerage 2,913,543.52 4,584.03 999-10005 Pooled Cash - LAIF 9,152,263.59 -
TOTAL DUE TO OTHER FUNDS 24,991,709.77 (1,090,127.69)
TOTAL: Cash in Bank 24,991,709.77 (1,090,127.69)
DUE TO OTHER FUNDS
999-27000 Due To Other Funds 24,991,709.77 (1,090,127.69)
M o n t h l y T r e a s u r e r ’ s R e p o r t
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City of Buellton
Investment Summary
May 31, 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 52.71% 4.30% n/a n/a $ 9,152,263.59 $ 9,152,263.59 Capital One Bank 0.58% 2.00% 5 yrs. 8/21/2024 100,000.00 99,235.00 Security Identifier: 14042TCB1
Morgan Stanley Bank 0.58% 1.90% 5 yrs. 1/23/2025 100,000.00 97,814.00 Security Identifier: 61760A6K0
State Bk India 1.15% 1.60% 5 yrs. 4/29/2025 200,000.00 193,386.00 Security Identifier: 856285TF8
Sallie Mae Bank 0.69% 0.80% 5 yrs. 7/1/2025 120,000.00 114,391.20 Security Identifier: 7954506Q3
Spokane Teachers Credit Union 1.04% 0.80% 5 yrs. 4/15/2027 180,000.00 179,263.80 Security Identifier: 849061AG1
Third Fed Savings 1.41% 3.50% 5 yrs. 6/28/2027 245,000.00 235,452.35 Security Identifier: 88413QDL9
Morgan Stanley Bank 0.60% 3.75% 5 yrs. 6/28/2027 104,000.00 100,676.16 Security Identifier: 61773TFC2
Capital One Bank 1.41% 3.75% 5 yrs. 9/30/2027 244,000.00 239,839.80 Security Identifier: 14042RURO
Hickam Federal Credit Union 0.58% 3.75% 4 yr 1/31/2028 100,000.00 97,958.00 Security Identifier: 42869GAB2
Global Federal Credit Union 1.43% 4.60% 5 yrs. 4/17/2028 249,000.00 247,349.13 Security Identifier: 37892MAC8
Optum Bk Draper Utah CTF Dep 0.92% 4.45% 5 yrs. 12/22/2028 160,000.00 158,192.00 Security Identifier: 68405VBV0
First Foundation Bank 0.92% 4.60% 5 yrs. 5/10/2029 160,000.00 99,595.00 Security Identifier: 68405VBV0
United States Treasury Bill 6.04% 5.11% 6 mo. 6/13/2024 1,049,000.00 1,047,468.46 Security Identifier: 912797FS1
Multi-Securities Bank - Cash in Holding 7,506.65
Money Market (Held with Mechanics Bank) 29.95% 4.44% n/a 5,200,000.00 5,501,726.59 Total City Investments 100.00% $ 17,363,263.59 $ 17,572,117.73 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
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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 May 31, 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 May 31, 2024
Balance
9,778,047.15 9,128,041.95 14,613,889.04
1,149,071.72 1,395,675.97 2,931,877.10
006 - Wastewater Capital 59,536.40 161,460.69 249,156.44 020 - Water Fund 2,471,985.91 2,349,669.54 8,477,773.20 021 - Water Capital 22,785.00 3,301.69 325,616.43
3,612.51 - 500,094.15
925.21 - 37,632.32
310,255.39 162,948.22 730,457.48
027 - Local Transportation Fund 11,839.53 18,333.26 364,791.16 029 - Transportation Planning 298.46 24,239.14 (126,810.24) 031 - Measure A 354,242.10 462,071.32 760,064.64
032 - American Relief Act Fund 619,762.76 604,726.30 25,495.47 075 - Trust & Agency Fund 7,894.17 - 21,077.01
090 - Long-Term Debt - - (2,917,219.67)
091 - General Fixed Assets - - 26,454,746.40
2,944,753.49
17,536,871.35 52,166,991.15
26,454,746.40
092 - Capital Improvement Proj Fund - 3,226,403.27 (281,649.78) 51,968,852.70 17,735,009.80
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 5/31/2024
Fund July 1, 2023
Balance
Total Revenues
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: June 27, 2024
Subject: Resolution No. 24-20 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2024-25”
______________________________________________________________________________
BACKGROUND
In 1979, the voters of the State of California passed Proposition 4, the “Gann Initiative”, which added Article XIII-B to the State Constitution. This Article provides that the City’s annual appropriations be subject to certain State limitations based upon budgeted appropriations for Fiscal Year 1978-79 and adjusted annually for changes in population and cost of living or personal income. New legislation under Propositions 98 and 111 modified the original provisions of the law, allowing exemptions for qualified capital projects and adjustment factor changes.
The limitation for Fiscal Year 2024-25 is $16,343,299. The Gann spending limitation is calculated by taking the prior year’s limitation of $15,728,301 and adjusting it by the growth factor in the California Per Capita Personal Income and the change in the population within the City of Buellton, or County of Santa Barbara whichever is greater.
The appropriations subject to the limit is $6,866,513 which is under the appropriation limit by $9,476,786.
Therefore, the City of Buellton is in compliance with Article XIII-B of the California Constitution for Fiscal Year 2024-25. The Article XIII-B is not a restricting factor for the City of Buellton due to the combination of modest population growth and continued General Fund spending on qualified capital projects. These factors will continue to be monitored annually and if the use of alternative growth factors as authorized by Proposition 111 would result in a more advantageous appropriation limit, staff will revise the appropriations limit.
Under Government Code section 7910, documentation used in the determination of the appropriations limit is available to the public upon request.
Resolution No. 24-20 Page 2 June 27, 2024
FISCAL IMPACT
There will be no fiscal impact to the City because appropriations are below the limit.
RECOMMENDATION
That the City Council consider adoption of Resolution No. 24-20 – “A Resolution of the City Council of the City of Buellton, California, Establishing an Appropriation Limit for Fiscal Year 2024-25”
ATTACHMENTS
Resolution No. 24-20 (Exhibit A)
Attachment 1 - Letter dated May 2024 from California Department of Finance Attachment 2 – Gann Limit Calculation Worksheets FY 2024-25
RESOLUTION NO. 24-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, ESTABLISHING AN
APPROPRIATION LIMIT FOR FISCAL YEAR 2024-25
WHEREAS, Article XIII-B of the California Constitution provides that the total annual appropriations limit of this City shall not exceed the appropriations limit for the prior year, except as adjusted for changes in the cost of living or personal income and population, or as otherwise provided for in said Article XIII-B and implementing State statutes; and WHEREAS, pursuant to said Article XIII-B of said California Constitution, the City is required to set its appropriation limit for each fiscal year, and has made available to the public the documentation used in the determination of said appropriation limit; and WHEREAS, in 1990, the voters of California adopted Proposition 111 which amended Article XIII-B of the California Constitution; and
WHEREAS, among the changes implemented by Proposition 111 are adjustments to the growth factors used to calculate the annual appropriation limit; and WHEREAS, Proposition 111 established Fiscal Year 1986-87 as the base year for calculating the annual Appropriation Limit and permits the City to re-establish the annual Appropriation Limit for all succeeding years based upon the new growth factors; and WHEREAS, a resolution establishing the annual appropriations limit is to be adopted at a regularly scheduled meeting of the City Council; and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE, AND REQUEST AS FOLLOWS:
SECTION 1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The Council of the City of Buellton elects to use the change in California per capita income as the cost of living adjustment factor and the annual population change for the City of Buellton as the population adjustment.
SECTION 3. The appropriation limit is amended for Fiscal Year 2024-25 and is hereby set forth as Exhibit “A” in the amount of $16,343,299.
Resolution No. 24-20 Page 2 June 27, 2024
SECTION 4. The City reserves the right to adjust or amend the appropriations limit based upon the use of alternative growth factors as authorized by Proposition 111 if such changes or revisions would result in a more advantageous appropriation limit, now or in the future.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 27th day of June, 2024. __________________________________
Dave King
Mayor
ATTEST:
___________________________________
Linda Reid
City Clerk
EXHIBIT “A”
CITY OF BUELLTON
Calculation Using Per Capita Personal Income and Population Change Annual Appropriations Subject to Gann Limit
Fiscal Year 2024-25
Appropriations Subject to Limitation
Fiscal year 2024-25 adopted revenues $16,512,342
Less:
Non-proceeds of tax (6,171,161)
1. Qualified Capital Outlay* (3,474,668)
Plus:
User-fees in excess of costs -
__________
Total Appropriations Subject to limitation $6,866,513
Appropriations Limit
Fiscal year 2023-24 appropriation limit, adopted $ 15,728,301 A. California per Capita adjustment 1.0362
B. Population adjustment 1.0028
Change factor (A X B) 1.0391
Increase in appropriation limit $ 614,998
Fiscal year 2024-25 appropriation limit $16,343,299
*Qualified Capital Outlay: Appropriation for a fixed asset with a useful life of 10 years or more and a value which equals or exceeds $100,000.
April 30, 2024
Dear Fiscal Officer:
Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments.
Each local jurisdiction must use their percentage change in population factor for January 1, 2024, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2024-25. Attachment A provides the change in California’s per capita personal income and an example for utilizing the factors to calculate the 2024-25 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2024. Please note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
/s Richard Gillihan
RICHARD GILLIHAN
Chief Operating Officer
Attachment
May 2024
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2024-25 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2024-25 3.62
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2024-25 appropriation limit.
2024-25:
Per Capita Cost of Living Change = 3.62 percent
Population Change = 0.17 percent
Per Capita Cost of Living converted to a ratio: 3.62 + 100 = 1.0362 100
Population converted to a ratio: 0.17 + 100 = 1.0017
100
Calculation of factor for FY 2024-25: 1.0362 x 1.0017 = 1.0379
Fiscal Year 2024-25
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024 and Total Population, January 1, 2024 County
City
Percent Change
23-24
--- Population Minus Exclusions ---
1-1-23 1-1-24
Total
Population
1-1-24
Santa Barbara
Buellton
Carpinteria
Goleta
Guadalupe
Lompoc
Santa Barbara
Santa Maria
Solvang
Unincorporated
0.04 0.08
0.04 1.10
-0.06
0.35 0.84
0.05 -0.07
4,968
12,734
32,503
8,582
40,571
85,362
109,687
5,660
136,235
4,970
12,744
32,515
8,676
40,545
85,659
110,608
5,663
136,144
4,970
12,744
32,515
8,676
43,610
85,679
110,608
5,663
139,158
County Total 0.28 436,302 437,524 443,623
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
Fiscal Year 2024-25
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2023 to January 1, 2024
County Percent Change
23-24
--- Population
1-1-23
Minus Exclusions ---
1-1-24
San Diego
Incorporated
County Total
0.03 0.07
2,756,900
3,235,324
2,757,771
3,237,699
San Francisco
Incorporated
County Total
0.11 0.11
841,745
841,745
842,644
842,644
San Joaquin
Incorporated
County Total
1.19 1.01
623,820
781,227
631,215
789,081
San Luis Obispo
Incorporated
County Total
0.17 -0.08
157,084
275,541
157,353
275,307
San Mateo
Incorporated
County Total
-0.49
-0.50
683,226
745,168
679,897
741,435
Santa Barbara
Incorporated
County Total
0.44 0.28
300,067
436,302
301,380
437,524
Santa Clara
Incorporated
County Total
0.05 0.02
1,811,705
1,901,768
1,812,582
1,902,166
Santa Cruz
Incorporated
County Total
-0.04
-0.29
135,179
263,282
135,121
262,509
Shasta
Incorporated
County Total
0.18 0.05
113,195
178,923
113,397
179,019
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
City FY 2024-25
a b c
Revenue Source Proceeds of Taxes Non-Proceeds of Taxes Total Taxes
Property Tax 1,945,427 1,945,427
Sales and Use Tax 3,610,776 3,610,776
Transactions and Use Tax - -
Business License Tax - -
Utility User Tax - -
Transient Occupancy Tax 3,800,000 3,800,000
Documentary or Real Property Transfer Taxes 25,000 25,000 Parcel Taxes - -
Other Taxes -
Fees from Worksheet #2 => 119,210 88,360 207,570
Benefit Assessments - -
Franchises (Cable/Video, Solid Waste, Electric/Gas, etc.) 415,038 415,038 Fines, Forfeitures and Penalties 5,300 5,300
Rents, Royalties and Concessions 125,226 125,226
Gifts - -
Licenses and Permits
Include regulatory licenses and permits as regulatory fees in Worksheet 2.
Include public property, facility or equipment rental licenses/permits in "rents" above.
Include business license taxes in "taxes" above.
From State
Motor Vehicle License Fee 638,733 638,733
Homeowners Property Tax Relief Reimb. 6,590 6,590
Williamson Act -
Motor Vehicle Fuel (gasoline) Tax 5,980 5,980
Proposition 42 Gasoline Sales Tax -
Citizens Option for Public Safety (COPS) 169,311 169,311 Proposition 172 Public Safety Sales Tax - -
State Mandate Reimbursements - -
Other discretionary state grants and aid -
Other non-discretionary state grants and aid 5,000 5,000 Repealed Subventions
Criminal Justice Fee (Booking Fee) Relief -
Discretionary Local Assistance (1999-00, 2000-01) -
Police Technology Grants (CLEEP) -
Liquor License Fees -
Highway Carriers Uniform Business Tax -
Financial Aid to Local Agencies -
Business Inventory Exemption Reimbursement -
Trailer Coach / Mobile Home VLF -
1978-79 Bailout Funds -
Other Governments
Federal General Revenue Sharing -
Federal CDBG -
Housing (HUD) -
Disaster Reimbursement -
Other -
Other Miscellaneous
Sale of property (See "Qualified Capital Outlays") -
Interfund transfers -
1 Sub-Total non-interest revenues 10,145,736 814,215 10,959,951 2 Interest Earnings from Worksheet #4 => 195,445 274,555 470,000 3 Reserve Withdrawls 5,082,391 5,082,391
4 Total 10,341,181 1,088,770 11,429,951
Total revenue plus reserve withdrawls (1c + 3c) 16,042,342 ©2016 Michael Coleman. Use with attribution.
Proceeds of Taxes
Worksheet #1
City of Buellton
To Worksheet 4
To Worksheet 4
To Worksheet 8
City FY 2024-25
a i ii b=i+ii c=b-a d
Program Area Fee Revenue Direct Costs
Allocated
Overhead Total Costs
Costs minus
Revenues
Revs > Costs?
C=negative
1 17,500 - (17,500) 17,500
2 - - -
3 - - -
4 10,125 - (10,125) 10,125
5 - - -
6 179,945 88,360 88,360 (91,585) 91,585
7 - - -
8 - - -
9 - - -
10 - - -
11 - - -
12 - - -
13 - - -
14 - - -
15 - - -
16 Proceeds of Taxes => 119,210
= sum of column d
Non-Proceeds of taxes => 88,360
Do not include: rents, entrance fees, royalties, concessions, franchises, fines, forfeitures, penalties, or assessments on real property. =sum of column a minus d16 ©2016 Michael Coleman. Use with attribution.
City of Buellton
Worksheet #2
Regulatory Fees, User Fees & Charges
Solid Waste
General Gov't - Management/Support
Police - Law Enforement
Transportation - Public Works
Planning and Development
Building, Construction and Fire Safety
Parks and Recreation, museums, etc.
Water
Sewer
Other
To Worksheet 1
To Worksheet 1
City FY 2024-25
Amount
Court Orders
sub-total -
Federal Mandates
sub-total -
Qualified Capital Outlay
1,375,000
2,099,668
sub-total 3,474,668
Qualified Debt Service
sub-total -
Total Exclusions 3,474,668
©2016 Michael Coleman. Use with attribution.
Project#092-220 Willemsen Parking Lot
Project#092-221 Willemsen House Renovation
Worksheet #3
Excluded Appropriations
City of Buellton
To Worksheets 4 and 8
City FY 2024-25
Amount
a) Non-interest Tax Proceeds 10,145,736
b) Minus Exclusions 3,474,668
c) Net invested proceeds from taxes 6,671,068
d) Total revenue plus reserve withdrawls 16,042,342
e) Proceeds of taxes as a percentage of revenues 0.415841278 f) Interest earnings - Total 470,000
g) Amount of interest earned from "proceeds of taxes" 195,445 ©2016 Michael Coleman. Use with attribution.
e * f
c / d
from Worksheet #1
Worksheet #4
Interest Allocation
City of Buellton
Source
from Worksheet #1
from Worksheet #3
a-b
To Worksheet 1
To Worksheet 1
City
For
Fiscal Year Jan 1
City
Population
Countywide
Population Jan 1
City
Population
Countywide
Population
City %
Change
County %
Change
1986-87 1985 1986
1987-88 1986 - - 1987
1988-89 1987 - - 1988
1989-90 1988 - - 1989
1990-91 1989 - - 1990
1991-92 1990 - - 1991
1992-93 1991 - - 1992
1993-94 1992 - - 1993
1994-95 1993 - - 1994
1995-96 1994 - - 1995
1996-97 1995 - - 1996
1997-98 1996 - - 1997
1998-99 1997 - - 1998
1999-00 1998 - - 1999
2000-01 1999 - - 2000
2001-02 2000 - - 2001
2002-03 2001 - - 2002
2003-04 2002 - - 2003
2004-05 2003 - - 2004
2005-06 2004 - - 2005
2006-07 2005 - - 2006
2007-08 2006 - - 2007
2008-09 2007 - - 2008
2009-10 2008 - - 2009
2010-11 2009 - - 2010
2011-12 2010 - - 2011
2012-13 2011 - - 2012
2013-14 2012 - - 2013
2014-15 2013 - - 2014 4,893 433,398
2015-16 2014 4,893 433,398 2015 4,931 437,643 0.8% 1.0% 2016-17 2015 4,931 437,643 2016 4,957 446,717 0.5% 2.1% 2017-18 2016 4,957 446,717 2017 5,129 450,663 3.5% 0.9% 2018-19 2017 5,129 450,663 2018 5,291 453,457 3.2% 0.6% 2019-20 2018 5,291 453,457 2019 5,407 445,292 2.2% -1.8% 2020-21 2019 5,407 445,292 2020 5,447 451,840
2021-22 2020 5,447 451,840 2021 5,435 441,172
2022-23 2021 5,435 441,172 2022 5,007 437,125
2023-24 2022 5,007 437,125 2023 4,944 440,557
2024-25 2023 4,944 440,557 2024 4,970 437,524
2025-26 2024 4,970 437,524 2025
2026-27 2025 - - 2026
Select highest population factor for the year (column e or f) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.
Worksheet #5
Population Changes
City of Buellton
City
a b c d
NRAV ARpy = b ÷ c
Factors for
Fiscal Year published
Dollar Value
of New
Nonresidential
Construction in
the jurisdiction from …
Total
secured and
unsecured
assessment roll
in the jurisdiction for …
Source: County
Assessor
Source: County
Assessor
1987-88 3.47% May 1, 1987 1986 to 1987 1986
1988-89 4.66% May 1, 1988 1987 to 1988 1987
1989-90 5.19% May 1, 1989 1988 to 1989 1988
1990-91 4.21% May 1, 1990 1989 to 1990 1989
1991-92 4.14% May 1, 1991 1990 to 1991 1990
1992-93 -0.64% May 1, 1992 1991 to 1992 1991
1993-94 2.72% May 1, 1993 1992 to 1993 1992
1994-95 0.71% May 1, 1994 1993 to 1994 1993
1995-96 4.72% May 1, 1995 1994 to 1995 1994
1996-97 4.67% May 1, 1996 1995 to 1996 1995
1997-98 4.67% May 1, 1997 1996 to 1997 1996
1998-99 4.15% May 1, 1998 1997 to 1998 1997
1999-00 4.53% May 1, 1999 1998 to 1999 1998
2000-01 4.91% May 1, 2000 1999 to 2000 1999
2001-02 7.82% May 1, 2001 2000 to 2001 2000
2002-03 -1.27% May 1, 2002 2001 to 2002 2001
2003-04 2.31% May 1, 2003 2002 to 2003 2002
2004-05 3.28% May 1, 2004 2003 to 2004 2003
2005-06 5.26% May 1, 2005 2004 to 2005 2004
2006-07 3.96% May 1, 2006 2005 to 2006 2005
2007-08 4.42% May 1, 2007 2006 to 2007 2006
2008-09 4.29% May 1, 2008 2007 to 2008 2007
2009-10 0.62% May 1, 2009 2008 to 2009 2008
2010-11 -2.54% May 1, 2010 2009 to 2010 2009
2011-12 2.51% May 1, 2011 2010 to 2011 2010
2012-13 3.77% May 1, 2012 2011 to 2012 2011
2013-14 5.12% May 1, 2013 2012 to 2013 2012
2014-15 -0.23% May 1, 2014 2013 to 2014 2013
2015-16 3.82% May 1, 2015 2014 to 2015 2014
2016-17 5.37% May 1, 2016 2015 to 2016 2015
2017-18 3.69% May 1, 2017 2016 to 2017 2016
2018-19 3.67% May 1, 2018 2017 to 2018 2017
2019-20 3.85% May 1, 2019 2018 to 2019 2018
2020-21 3.73% May 1, 2020 2019 to 2020 2019
2021-22 5.73% May 1, 2021 2020 to 2021 2020
2022-23 7.55% May 1, 2022 2021 to 2022 2021
2023-24 4.44% May 1, 2023 2022 to 2023 2022
2024-25 3.62% May 1, 2024 2023 to 2024 2023
2025-26 May 1, 2025 2024 to 2025 2024
2026-27 May 1, 2026 2025 to 2026 2025
Select highest factor for the year (column a or d) to Worksheet 7 ©2016 Michael Coleman. Use with attribution.
Worksheet #6
Cost of Living Adjustment Factors
Source: Calif Dept of Finance
Change in
assessment roll
due to addition of
local nonresidential
new construction
Percentage
Change in
Per Capita
Personal
Income
City of Buellton
City FY 2024-25
Amount
a) Prior Year Appropriations Limit 15,728,301
b) Adjustment Factors percent ratio
1) Population Change 0.28% 1.003
Population in city or county? city
2) Cost of Living 3.62% 1.036
State CPI or % New non-residential?
3) Combined adjustment factor 1.039
c) Adjusted Limit 16,343,299
d) Alterations
Transfer of Financial Responsibility
Transfer to Fees
Emergency
Voter Override
Total Alterations -
e) Appropriations Limit - Current Year 16,343,299
©2016 Michael Coleman. Use with attribution.
Select from Worksheet 5
Select from Worksheet 6
b1 * b2
a * b3
sum of d
c + d
"city" or "county"
"CPI" or "%new non-resid AV"
Worksheet #7
Appropriations Limit
Source
Prior year schedules
City of Buellton
City FY 2024-25
Amount
a) Proceeds of Taxes 10,341,181
b) Exclusions 3,474,668
c) Appropriations Subject to Limitation 6,866,513
d) Appropriations Limit (current year) 16,343,299
e) Under (Over) Limit 9,476,786
©2016 Michael Coleman. Use with attribution.
d-c
Worksheet #1
Worksheet #3
a-b
Worksheet #7
Source
Worksheet #8
Appropriations Subject to Limitation
City of Buellton
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 27, 2024
Subject: Resolution No. 24-21 – “A Resolution of the City Council of the City of Buellton, California, Setting Priorities for Filing a Written Argument Regarding a City Measure to Increase the Transient Occupancy Tax and Directing the City Attorney to Prepare an ImpartialAnalysis”
Resolution No. 24-22 – “A Resolution of the City Council of the City of Buellton, California, Setting Priorities for Filing a Written Argument Regarding a City Measure to Amend the Urban Growth Boundary and Directing the City Attorney to Prepare an Impartial Analysis”
______________________________________________________________________________
BACKGROUND
On May 23, 2024, the City Council adopted Resolution No. 24-17 which submits a measure to be on the November 5, 2024 General Election ballot, regarding the increasing of the Transient Occupancy Tax (TOT), or hotel bed tax, from 12% to 14%.
On June 13, 2024, the City Council adopted Resolution No. 24-16 which submits a measure to be on the November 5, 2024 General Election ballot, regarding an amendment to the Urban Growth Boundary.
Each of these ballot measures is permitted to be accompanied on the ballot by an argument in favor of the measure, an argument in opposition to the measure, rebuttals to each of the arguments, and an impartial analysis of the measure. As the resolution for each of the measures was approved unanimously, it is assumed that the City Council would prepare the argument in favor of the measure. Staff is requesting that the City Council authorize the Mayor to prepare the argument in favor of the measure and direct the City Attorney to prepare the Impartial Analysis. The City Clerk will accept arguments in opposition to the measure and if more than one argument is received, determine which of the arguments received will be included in the ballot materials as required by state law.
Resolution Nos. 24-21, 24-22 Page 2 June 27, 2024
RECOMMENDATION
That the City Council consider adoption of Resolution Nos 24-21 and 24-22, authorizing the Mayor to prepare the argument in favor of each initiative and directing the City Attorney to prepare an Impartial Analysis for each initiative.
ATTACHMENTS
Resolution No. 24-21
Resolution No. 24-22
RESOLUTION NO. 24-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUELLTON, CALIFORNIA, SETTING PRIORITIES FOR FILING A
WRITTEN ARGUMENT REGARDING A CITY MEASURE TO
INCREASE THE TRANSIENT OCCUPANCY TAX AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
WHEREAS, a General Municipal Election is to be held in the City of Buellton, California, on November 5, 2024, at which there will be submitted to the voters the following measure:
Shall Section 3.28.030 of the Buellton Municipal Code be amended to increase the Transient Occupancy Tax rate, which applies only to transient occupants of hotels (as defined in Section 3.28.020), from twelve percent (12%) to fourteen percent (14%) for a period of 25 years, after which it shall revert to twelve percent (12%) unless extended by the voters?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUELLTON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes the Mayor to file a written argument not exceeding 300 words in favor of the City measure as specified above, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The argument, as well as any argument opposing the measure, may be changed orwithdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The City Clerk has fixed that date as July 12, 2024.
The argument, as well as any argument opposing the measure, shall be filed with the City Clerk, signed, with the printed name and signature of the author submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The argument shall be accompanied by the Form of Statement to Be Filed by Author of Argument.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney.
a. TheCity Attorney shallprepare animpartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
b. The analysis shall include a statement indicating that the measure was placed on the ballot by the governing body of the city.
Resolution No. 24-21 Page 2 June 27, 2024
c. The entire text of the measure shall be printed in the voter information guide. d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. The City Clerk has fixed that date as July 12, 2024.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 27th day of June, 2024. ________________________________
Dave King
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk, Elections Official
RESOLUTION NO. 24-22
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BUELLTON, CALIFORNIA, SETTING PRIORITIES FOR
FILING A WRITTEN ARGUMENT REGARDING A CITY
MEASURE TO AMEND THE URBAN GROWTH
BOUNDARY AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIALANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Buellton, California, on November 5, 2024, at which there will be submitted to the voters the following measure:
Should the Buellton General Plan be Amended Until December 31, 2036, to Expand the Area within the Existing Urban Growth Boundary by approximately 123 Acres (Allowing for Potential Expansion of City Limits within the Expanded Area) but
Prohibit Other Changes to the City Limits or the Provision of Municipal Services Beyond the Amended Urban Growth
Boundary Line Except by Another Initiative Election?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUELLTON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes the Mayor to file a written argument not exceeding 300 words in favor of the City measure as specified above, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The argument, as well as any argument opposing the measure, may be changed orwithdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The City Clerk has fixed that date as July 12, 2024.
The argument, as well as any argument opposing the measure, shall be filed with the City Clerk, signed, with the printed name and signature of the author submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The argument shall be accompanied by the Form of Statement to Be Filed by Author of Argument.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney.
a. TheCity Attorney shallprepare animpartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
b. The analysis shall include a statement indicating that the measure was placed on the ballot by the governing body of the city.
Resolution No. 24-22 Page 2 June 27, 2024
c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following:
"The above statement is an impartial analysis of Ordinance or Measure. If you desire a copy of the ordinance or measure, please call the elections official's office at (805-688- 5177) and a copy will be mailed at no cost to you."
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. . The City Clerk has fixed that date as July 12, 2024.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 27th day of June, 2024. ________________________________
Dave King
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk, Elections Official
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 27, 2024
Subject: Presentation on the Santa Ynez Valley Botanic Garden ______________________________________________________________________________
BACKGROUND
Each year, the organization which operates the Santa Ynez Valley Botanic Garden (Garden) in River View Park makes a presentation to the City Council to provide an overview of the Garden’s work, and information on upcoming Garden events. Puck Erickson, a member of the Garden Board of Directors, will be in attendance at tonight’s meeting to make this year’s presentation.
RECOMMENDATION
Staff recommends that the City Council receive Ms. Erickson’s report.
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: Linda Reid, Human Resources Director
Meeting Date: June 27, 2024
Subject: Award of Contract for Classification and Compensation Study ______________________________________________________________________________
BACKGROUND
During last year’s budget negotiations, the City Council funded a Classification and Compensation Study, which was added to the 2024/25 budget. In April, 2024, staff solicited proposals from qualified consultants to conduct a comprehensive Classification and Compensation Study to independently assess and evaluate the City’s existing classifications and associated compensation rates and provide recommended revisions as needed. The City’s last compensation study was conducted in-house at Council’s request in February, 2019, which resulted in raising compensation for three Public Works classifications.
It is critical that management become creative in attracting and retaining quality employees, so the City continues to operate effectively and efficiently. While the City offers a competitive benefit package, employee salaries have always been lower than neighboring cities and districts. In order to accurately assess the City’s salary schedule, the consultant will first review and, if necessary, revise job descriptions and then use the revised data to prepare an accurate compensation comparison. The City’s objectives for the Classification and Compensation Study are two-fold as follows:
Classification Study will include:
Meetings with department heads and staff
Job analysis questionnaires
Supervisor review and input
Employee interviews
Draft new classification plan and job descriptions
Draft classification levels and definitions, tilting guidelines and definitions, and supervision guidelines and definitions
Class & Comp RFP Award Page 2 June 27, 2024
The purpose of the Classification Study is to prepare updated job descriptions, which will be the foundation of the Compensation Study. The process will include a job analysis, which will also ensure new and updated legal compliance for each classification. The new job descriptions will aid in recruiting, performance evaluations, identifying employees’ strengths, and identifying career paths and training opportunities.
Compensation Study will include:
Create a list of comparable agencies, using defined criteria Collect salary and benefit data from 7-9 comparable agencies Prepare a summary of results, including a compensation plan Provide options to create a cost effective way to transition to the new plan The purpose of the Compensation Study is to create a salary schedule that allows the City to attract and retain great staff, which is based on the current market data, while being comparable to neighboring cities. The goal is to provide employee compensation that provides pay equity and allows employees to feel valued.
The consultant will work together with employees and management to create a classification and compensation pathway that is achievable through various options. The consultant plans to have regular progress meetings with management to collaborate on the best way to create and implement the study’s findings.
The final work product will include two reports including a Classification Study Report with new job descriptions and a Compensation Study Report including a spreadsheet for each of the twenty job classifications. The final work product will be delivered to the City in a usable format to implement and manage the program going forward and the consultant will present the findings and recommendations to the City Council at a Council meeting in November, 2024.
On May 23, 2024, staff received two proposals from the following firms:
• GovInvest
• H.R. Dynamics & Performance Management, Inc.
Proposal review criteria included the consultant’s approach, experience, qualifications, schedule, contract, and cost. After review of the two proposals, staff agreed that H.R.
Dynamics & Performance Management was the most qualified firm to conduct both the Classification and Compensation studies. The timeline to conduct the study is four months.
FISCAL IMPACT
Staff budgeted $60,000 for the Classification and Compensation Study for FY 2024/25.
The total proposal cost is $45,870.
Class & Comp RFP Award Page 2 June 27, 2024
RECOMMENDATION
That the City Council award a contract for a Classification and Compensation Study in the amount, not-to-exceed $45,870 to H.R. Dynamics & Performance Management, Inc. and authorize the City Manager to execute that contract.
ATTACHMENTS
Attachment 1– Proposal submitted by HR Dynamics & Performance Management, Inc.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 27, 2024
Subject: Discussion of Proposed Public Safety Radio Tower at Fire Station 31 ______________________________________________________________________________
BACKGROUND
On March 8, 2024, the City Manager met with County Fire Chief Hartwig, other County Fire officials, and the County’s consultant Zahid Masood to discuss city-specific concerns regarding a proposed Radio transmission tower to be placed behind Fire Station 31, adjacent to the Senior Center facility. The tower is to be a part of the County’s Public Safety Radio System Replacement Project, which is intended to provide an updated, integrated communications system for county public safety agencies. The proposed Buellton tower would provide radio coverage for a large area of the Santa Ynez Valley, and would connect to the rest of the county through microwave communication with other towers located in Santa Ynez and on Figueroa Mountain.
The tower itself was designed at a 90 foot height to accommodate a number of antennas required for the tower to effectively function in the new communication system. Two separate Very High Frequency (VHF) systems would be installed on the tower, each with separate transmission and reception antennas, mounted to the tower at heights ranging from 19 feet to 87 feet. Additionally, a microwave antenna for communication with distant towers would be mounted at a height of 40 feet.
The concerns discussed at the March 8 meeting centered on the anticipated aesthetic impacts of a ninety (90) foot tower being constructed in Buellton. Despite the suggestion by the County’s consultant that the tower could be camouflaged as a water tower, such a structure would be out of scale with the surrounding development and out of place given that water towers (even smaller ones) are not common in the area.
The County team was willing to consider other locations. Staff suggested one of our reservoir sites, but they lacked availability of power and fiber optic connectivity that would be necessary for the communication backhaul requirements. As another alternate location, staff suggested contacting the owner of the polo ranch off of McMurray Road. The height of the property would allow the construction of a much lower antenna support tower, required utilities are likely on site.
Public Safety Radio Tower Page 2 June 27, 2024
On May 3, the City Manager again met with Mr. Masood to discuss the outcome of their investigation of the polo ranch facility. They found that the site was suitable for placement of their facility, which would eliminate the need for a tower at the Fire Station 31 site.
However, the costs associated with placing it at the new location included engineering costs of approximately $50,000, and on-going site lease costs of $36,000 per year. Mr. Masood indicated that the County was not willing to incur these costs, but that the facility could be moved to the new location if the City were to agree to pay them on an on-going basis. As an alternative, Mr. Masood indicated that the County was able to accept a reduced area of coverage for the Fire Station 31 tower which would result in the necessary height of the tower being lowered to sixty-five (65) feet. While this would be considerably less intrusive and out-of-scale than a ninety foot tower, there may nevertheless be aesthetic impacts associated with such an installation.
The County is looking for a response from the City Council as to a preferred alternative for the placement of the tower. Mr. Masood will be in attendance (in-person or virtually) to make a presentation on the issue and answer any questions that the City Council may have.
In bringing this to the City Council, staff will note that the City has no land use jurisdiction or authority over the requested facility. As the site is owned by the County Fire Protection District, and as the proposed facility furthers a legitimate governmental communication function of the County and the Fire Protection District, the County Board of Supervisors has the authority to grant or deny authorization to construct the tower. Given this, staff sees three options to consider, though there may certainly be more:
1. Request that the County construct the facility at the Polo Ranch property, and agree to pay the engineering costs of approximately $50,000, and ongoing lease costs of $36,000 per year moving forward.
2. Agree to the site at Fire Station 31, with the request that the tower be camouflaged and kept at the revised 65’ height. The County has proposed a water tower design, but there may be other designs more in keeping with the area.
3. Determine that the position of the City is that the facility should either be reduced again to an acceptable height or moved to another location which wouldn’t require as tall a structure. Express this City Council determination in the form of a formal objection of the City to the Board of Supervisors.
FISCAL IMPACT
This item is not expected to any fiscal impacts to the City’s General Fund. Option 1 (above) may result in fiscal impacts, but those would not be realized until a subsequent agreement is brought back to the City Council.
Public Safety Radio Tower Page 2 June 27, 2024
RECOMMENDATION
That the City Council receive staff’s report, the report by the County’s consultant, Mr.
Zahid Masood, and any comments from the public and provide direction to staff on how to proceed.
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: Andrea Keefer, Planning Director
Meeting Date: June 27, 2024
Subject: Discussion Regarding Requirement for On-Site Resident Manager for Hotel Properties
______________________________________________________________________________
BACKGROUND
In response to a potential code compliance issue and follow-up routine processing of a Zoning Clearance for building permit application, City Staff became aware of a potential non-compliance issue with California Code of Regulations (“CCR”) Title 25, Section 42, pertaining to the requirement for on-site resident manager for certain hotel properties.
Section 42 requires that,
"A manager, janitor, housekeeper, or other responsible person shall reside upon the premises and shall have charge of every apartment house in which there are 16 or more apartments, and every hotel in which there are 12 or more guest rooms, in the event that the owner of an apartment house or hotel does not reside upon said premises. Only one caretaker would be required for all structures under one ownership and on one contiguous parcel of land. If the owner does not reside upon the premises of any apartment house in which there are more than four but less than 16 apartments, a notice stating the owner's name and address, or the name and address of the owner's agent in charge of the apartment house, shall be posted in a conspicuous place on the premises”.
Staff researched the circumstances further regarding the property in question and attempted to work out a solution with the property owner. This particular hotel property has 20 guest units, and is being operated and managed remotely by staff located at a non-adjacent property approx. 0.6 mile from the subject site; both properties are owned by the same business entity.
Working out a solution became more complicated than initially anticipated, as the City of Buellton does not have in its municipal code any regulations interpreting and implementing CCR Title 25, Section 42. The City also does not have other hotel properties, that staff is aware of, which are operated by remote staff and do not have on-site resident managers.
On-Site Resident Manager for Hotel Properties Page 2 June 27, 2024 The City Attorney has advised staff to seek policy direction from City Council re: the manner in which the State Code shall be interpreted, implemented and enforced.
Options are as follow:
Option A - Enforce as written in CCR Title 25, Section 42.
Option B - Interpret on-site resident management obligation as being fulfilled either: management staff with physical presence 24/7 at the Property; or, by management staff available 24/7 with physical presence on nearby property under same ownership, that are located within one mile of the subject Property.
If Option B is the direction chosen, Staff recommends the following items be required of hotels that are subject to CCR Title 25, Section 42; these items shall be conditions of approval for any zoning clearances (ZC) issued for the applicable hotels.
ZC Conditions of Approval (Recommended)
1. Emergency Management Plan. Property Owner/Applicant shall implement an emergency management and safety procedures plan (“Emergency Plan”), which shall include emergency protocols, management contact info, and the items below. These items may be subject to revision as warranted by existing or future safety concerns. A physical copy of the Emergency Plan shall be made available to all hotel guests and employees; a physical and/or electronic copy shall also be submitted to the City prior to issuance of a Zoning Clearance.
a) Emergency Response Protocols and Safety Procedures – shall be clearly described and a physical copy shall be made available to all staff and guests utilizing the property.
b) Management Accessibility. A property management representative shall be accessible, in person or by telephone, on a twenty-four (24) hour basis. The Emergency Plan shall list the names, phone numbers and e-mail addresses for the responsible local individuals to be contacted 24/7 in the event of safety concerns, emergencies or hazardous situations at the property.
c) Property Owner Representatives. The Emergency Plan shall list the names, phone numbers and e-mail addresses of Property Owner representatives to be notified of complaints, issues, and/or regulatory requirement concerns. d) Posting of identification of owner and operator. The name, business address and business telephone number of the owner and operator must be posted in a conspicuous location in the hotel registration and/or lobby area. The owner and the operator must provide to employees of the hotel a telephone number where the owner or his or her representative may be reached during any time the hotel is in operation.
On-Site Resident Manager for Hotel Properties Page 3 June 27, 2024
2. Indemnification. The Property Owner/Applicant agree to indemnify, defend and hold the City of Buellton and County of Santa Barbara harmless against any and all claims related to the California Code of Regulations, Title 25, Section 42 including, but not limited to, potential damage to the Premises that may result from emergency responders.
Although not a subject of this staff report, specifically, “apartment houses” are also referenced in CCR Title 24, Section 42. City Council may also wish to consider whether or not apartments should be required to have a resident manager on site.
Next Steps
Upon receiving direction from City Council, Staff will prepare a draft Ordinance that reflects the direction the Council wishes to go on this particular issue. Once prepared, the Draft Ordinance will be brought back to the City Council for consideration.
RECOMMENDATION
Staff recommends that the City Council discuss how to proceed with how to apply CCR Title 24, Section 42 of the Government Code, pertaining to the requirement for on-site residential managers for hotel properties in certain instances, and direct staff to return with an Ordinance that reflects the desired direction of the City Council. If desired, City Council may also discuss how to proceed with the applicability of this code section as it pertains to “apartment houses”, and direct staff as appropriate.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 11
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: June 27, 2024
Subject: Discussion of Possible Changes to Planning Commission Appointment Procedures, Planning Commission Duties, Planning Commissioner Terms, and the Filling of Planning Commission Vacancy
BACKGROUND
The City Council has made various requests over the past year to review procedures associated with the Planning Commission; specifically as to the scope of its purview, the procedures for appointment of, and appropriate terms for, Commissioners. Given the approach of the City Council election period, and the likely need to appoint Planning Commissioners shortly after the election, staff brings this item to the City Council for consideration and discussion. The goal of this item if for the City Council to give direction to staff regarding the desired approach for each of these items. Staff will then return to the City Council at upcoming meetings with the appropriate documents to effect any changes desired by the Council.
The items to be considered are discussed below. Staff endeavors to provide sufficient information to allow the City Council to discuss and consider each of the items, with alternative approaches provided, but without providing an exhaustive list of options, which would likely prove to be unproductive. Therefore, the discussion of each item will include a description of the status quo (which may be considered a valid choice), as well as one or two alternative approaches. Please note that the City Council is not limited to these alternatives and can devise its own alternatives that more closely meet the City Council’s needs and desires. The City Manager and City Attorney will be prepared to help the City Council as needed in finding alternative approaches.
Scope of Planning Commission Purview
The Planning Commission acts as an advisory body to the City Council on all planning and development issues, and is a decision-making body tasked with ensuring that the General Plan is implemented by reviewing development applications and balancing City policy
Planning Commissioner Appointment, Page 2 June 27, 2024 Duties, Terms, and Vacancy
with community input. The Commission has operated since its inception without a formal document identifying how it should function and how it should make its decisions.
Questions have been raised by Councilmembers as to whether or not there should be a guiding document for Planning Commission operation. California Government Code Section 65102 authorizes a city council to establish any rules, procedures, or standards for its planning commission that do not conflict with state or federal laws. Therefore, should the City Council determine that such a guiding document be appropriate, it can create one.
Status Quo
The Commission has largely been guided by the Planning Department staff with regard to interpretation of the City’s major policy documents, such as the General Plan, Specific Plans, Municipal Code, Architectural Design Guidelines, and the like. This approach has generally worked well, but there are some limitations to it.
The conduct of Commission meetings is the responsibility of the Commission Chair, with guidance (when necessary) from the advice of the Planning Director. This arrangement is generally modelled after the procedure for the conduct of City Council meetings, which is established by City Council resolution. This tends to work well, though there are differences in scope and function between City Council and Planning Commission meetings which may warrant different procedures.
The Planning Commission is a body supported by City staff, but not bound by it. The function of the Planning Department in the Planning Commission arena is to provide the Commission with information relevant to the matters being considered, analysis of those matters in light of established City policy and sound planning principles, and recommendations based upon this analysis. What this Commission chooses to do with this information and recommendation is left to their discretion.
The assumption is that decisions of the Commission are based upon rational findings of consistency with the City’s General Plan and Zoning Ordinance, as required by the Municipal Code. However, there are no adopted limitations on the issues to be considered when making a decision, and the use of discretion in certain situations can lead to decisions being made based upon personal considerations of individual Commissioners rather than a determination based upon required findings of fact. When this occurs, the Commission’s action may be seen as policy making, which is outside its established roles to either function as an advisory body or to make decisions on projects with the intent of implementing the General Plan. Policy making is the sole purview of the City Council.
Alternative 1
Should the City Council decide that some more formal definition of the Planning Commission’s duties is appropriate, the most basic approach would involve a simple document, adopted by City Council resolution, which defines the scope of the Planning Commission’s purview. This definition could include the general areas of Planning Commission responsibility, to include areas that may be beyond the scope identified in
Planning Commissioner Appointment, Page 3 June 27, 2024 Duties, Terms, and Vacancy
state law (such as making decisions on tree and landscape preservation issues).
Additionally, this document could identify which types of issues may be considered (and which may not) when the Commission exercises its discretion as a decision-making body, to avoid having the Commission inadvertently move into a policy making role.
Staff can return such a resolution to the City Council in relatively short order if so directed.
Alternative 2
In the event that the City Council determines that an enumeration of Planning Commissions Policies and Procedures is desirable in addition to a formal definition of duties, then it may wish to consider the development of a Planning Commission handbook, similar to the City Council Manual that the City Council adopted in October of 2022.
The development of such a handbook is probably best undertaken with the expectation that it will take a fair amount of time to complete. While some aspects of the handbook can be informed by the City Council, other aspects will best be developed with considerable input from the Planning Commission itself, particularly such aspects as general procedures and the conduct of meetings. Therefore, several months should be given to allow for a thorough development to take place, and to allow the Planning Commission the ability to contribute to the content of the handbook, consider a draft, and make a recommendation to the City Council.
If the City Council desires a more immediate first step, staff could bring a resolution identified in Alternative 1 to the Council relatively quickly, and then follow up with the development of the handbook subsequent to that.
Planning Commissioner Appointment
Shortly after the seating of the new Councilmembers following the 2022 election, the Council raised questions regarding the process used in the appointment of Planning Commissioners. This has been raised several times since then, and is being incorporated into this item to allow the matter to be addressed prior to the next City Council election and the subsequent need to seat Planning Commissioners whose terms will have expired.
Status Quo
The current process for the seating of Planning Commissioners is similar to a public job interview process. As required by law, the City Clerk posts an announcement of upcoming vacancies on the City’s website and other locations. Persons interested in serving on the Commission submit an application to the City Clerk, who compiles them until the closing date of the application period. Following the closing date, the City Clerk schedules an item on an upcoming City Council meeting agenda. At the noticed meeting, the City Council interviews the applicants and votes as a body to select applicants to fill the open seats.
Planning Commissioner Appointment, Page 4 June 27, 2024 Duties, Terms, and Vacancy
This process has worked well in the past, and provided persons interested in serving on the Commission the opportunity to present themselves to the City Council has a whole for consideration. However, the dynamics on the City Council have changed with the imposition of election of Council members by district in 2022 and will likely continue to change as the remaining two at-large City Council seats are filled with by-district election this year.
The current process has the benefit of being very open and transparent. However, it also leaves open the potential for the selection of all Planning Commissioners by a simple majority of the City Councilmembers. This could result in the views (and/or districts) of one or two Councilmembers not being represented on the Planning Commission.
Alternative 1
An alternative approach that could ensure more balanced representation of the political views of each Councilmember would involve allowing each Councilmember to appoint a Planning Commissioner, with each appointment subject to ratification of the entire City Council. The City Clerk would announce seats to be filled in the normal manner, and ask for interested persons to submit applications. Once the closing of the application period occurs, each City Councilmember would be given copies of the applications from which to select an appointment.
Alternative 2
A second alternative would also help ensure representation of each Councilmember’s views, but also representation of each district. This alternative would mirror Alternative 1, except that each Councilmember would be required to select a candidate from the district that the Councilmember represents. This could potentially result in situations wherein no applications are received from individual districts, which would result in the need to develop a process to ensure that each Commission seat is filled.
Planning Commissioner Terms
In addition to questions and concerns regarding the process of Planning Commissioner appointments following the last election, there were also concerns raised with regard to the appropriate length of terms for Planning Commissioners. There has been some sentiment that a four year term is too long, and that a shorter term would be more appropriate. The establishment of new term lengths for Planning Commissioners may be more desirable if one of the two alternative approaches to Planning Commissioner selection is chosen, although there may be some reason to change Commissioner terms even if the status quo selection process is maintained.
As term length of Planning Commissioners is established by Municipal Code Section
2.28.060, any change to terms will require the adoption of an ordinance. Staff will return with such an ordinance if directed by the City Council.
Planning Commissioner Appointment, Page 5 June 27, 2024 Duties, Terms, and Vacancy
Status Quo
The current model for terms is similar to the model for at-large Councilmember elections before the City adopted a separately elected mayor with a two-year term. In the case of the Planning Commission, two of our current Commissioner terms will expire this year, while three will expire in 2026.
One of the benefits of the current four-year staggered term structure is that there is a continuity of experienced members on the Commission, as at least two members on the Commission will have served two years or more. Obviously, a change to this model could mean that a situation could arise where all of the Commission members are new to the position. Staff is available to provide guidance to the new Commissioners were this to occur. Additionally, this possibility may mean that prior experience serving on the Commission may be viewed more favorably by Councilmembers as they select Commissioners.
Alternative 1
A shortened term of two years could be considered by the City Council. A two-year term length would allow the City Council re-consider appointments following each election.
This might result in the Planning Commission more closely reflecting the make-up of the City Council as it may change in each election. This is particularly true if the City Council maintains the status quo method of appointing Commissioners.
In the event that the City Council chooses a method wherein each Councilmember nominates a Planning Commissioner, a two-year term would allow for a Councilmember to replace a Commissioner half-way through the Councilmember’s term if that were deemed desirable.
Note regarding existing Commissioner terms
Shortening the term of a Planning Commissioner or moving to a process which allows each Councilmember to nominate a Commissioner could require the early termination of the terms of three existing Commissioners which expire in 2026.
Current Planning Commission Vacancy
On Monday, June 10, 2024, Planning Commissioner Laura Romano DeFazio submitted her resignation from the Planning Commission to the Planning Director. This leaves a vacancy on the Planning Commission which would normally be filled by the City Council, which would appoint a person to serve the remainder of Ms. DeFazio’s term, which is set to end in December of 2026. However, given the discussion of Planning Commissioner terms and selection procedures above, staff felt it would be prudent to hold off on any recruitment efforts until the City Council had considered the matter and given staff direction.
Planning Commissioner Appointment, Page 6 June 27, 2024 Duties, Terms, and Vacancy
Status Quo
The current process for filling a Planning Commission vacancy involves the City Clerk announcing a vacancy and accepting applications for a period of time. Once the application period closes, the City Clerk then presents the applicants to the City Council at a noticed meeting to select a candidate (or candidates) to fill the vacant seats. This can be done with the current vacancy. However, if changes are made to the way that Commissioners are selected or the terms of Commissioners in the items discussed above, there may be a need to limit the term of the person chosen to fill the vacancy to December of this year. This would result in a term of less than six months.
Alternative 1
The Commission may choose to leave the position vacant until the election has completed and it is time to appoint Planning Commissioners in accordance with whatever procedure has been selected by the City Council for doing so. While this has the benefit of not recruiting for, and seating, a Planning Commissioner for a very limited time, it does leave the Planning Commission with only four members, which can cause issues should a controversial project or issue come before the Commission.
Conclusion
The decisions before the City Council on this item are purely matters of policy. As such, staff is not presenting recommendations for any of the matters under consideration.
However, as noted above, staff will provide advice and recommendations as to specifics of implementation of any potential changes (including those which may not be found in this report) that the City Council may wish to explore.
RECOMMENDATION
That the City Council consider the various items discussed in this report and direct staff as appropriate.
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 12
To: The Honorable Mayor and City Council
From: Gregory M. Murphy, City Attorney
Meeting Date: June 27, 2024
Subject: Consideration of Fourth Amendment to City Manager Employment Agreement and Discussion of Salary Adjustment for City Manager for Fiscal Year 2024-25
______________________________________________________________________________
BACKGROUND
In closed session on June 13, 2024, following the City Manager’s Annual Performance Evaluation, the City Council approved of the City Manager’s job performance and directed the matter of a salary and benefits adjustment be placed on the agenda for this City Council meeting to be considered in open session as required by California law.
The City Manager’s monthly base salary is currently $17,473.63 ($209,676 annually). The City Manager’s salary will receive a Cost of Living Adjustment (COLA) of 3.94%, bringing his monthly base salary to $18,161.44 ($217,937 annually). The City Manager has requested that the Council consider the following amendments to the City Manager Employment Agreement:
1. Application of a 5% merit increase. This would result in an increase to the City Manager’s monthly base salary of $873.64 ($10,483.68 annually) over the COLA adjusted base salary, which works out to a new monthly base salary of $19,035.08 per month ($228,420.96 annually).
2. Addition of a provision which precludes termination without cause for a period of 120 days following the change of a Mayor or City Council member, or during any period when there are two vacancies on the City Council.
3. Addition of a provision which permits the City Manager, when faced with termination without cause, to choose to retire in lieu of receiving the contractual 6-month severance payment.
City Manager Contract Amendment Page 2 June 27, 2024
An explanation of the above requests is given below.
Merit Increase
Each year, the City Council considers the City Manager’s requests for amendments to his contract as part of the annual performance evaluation process. July 1, 2024 is the fifth anniversary of the City Manager’s employment with the City. During these five years, the City Manager has had only one merit increase: 5% in 2022. In other years, the Manager requested only the annual COLA, and other compensation that did not have Retirement System or Deferred Compensation impacts. For example, last year, the City Manager requested the COLA and an increase to his annual Professional Development budget of $3,000.
Amendment of Contract Provisions Pertaining to Termination without Cause The current City Manager Employment Agreement declares that the City Manager serves at the pleasure of the City Council, who may terminate him without cause at any time and for any reason by providing the contractual severance payment equal to six (6) months of base salary, less applicable deductions. The requested amendments to the current contract alter this provision.
The first requested amendment would provide for a restriction on the ability to terminate the City Manager without cause in two instances. The first instance would be for a period of 120 days following the change of a Mayor or Council member. This period is intended to ensure that the newly constituted City Council has ample time to work with the manager to determine that termination is appropriate. This also protects the City from impulsive decisions of a new City Council, which could result in considerable costs to the City in the form of a severance payment, as well as the costs associated with recruiting a new City Manager. The second instance is a circumstance wherein there are two vacancies on the City Council. In such an unusual circumstance, the dynamics on the Council will certainly be in flux, and replacement Councilmembers will be a priority. This provision will ensure a period of stability for the Council to focus on filling the vacancies, followed by a period for the newly constituted City Council to work with the City Manager.
The second requested amendment would provide the City Manager facing an imminent termination a choice to be terminated and collect the severance payment, or to waive the severance payment and retire from City service in lieu of termination. In this way, the City Manager may retain earned benefits that may be lost due to termination, and the City would (if the option to retire is selected) avoid the payment of severance.
None of the changes requested would preclude the City Council from terminating the City Manager for cause. Termination for cause does not entitle the City Manager to a severance payment.
City Manager Contract Amendment Page 3 June 27, 2024
FISCAL IMPACT
The Fiscal Impact of these requests to the adopted General Fund Budget are expected to be $10,483.68 over the coming Fiscal Year. The budget for Fiscal Year 20244-25 anticipated a 3.94% COLA for the City Manager, but not a merit increase. Therefore, if the City Council awards the requested merit increase, a budget amendment in the amount of $10,483.68 would be required. The requested amendments pertaining to termination are not expected to have any General Fund fiscal impact.
RECOMMENDATION
Staff recommends that the City Council discuss the salary adjustment for the City Manager for Fiscal Year 2024-25 and any other contract amendments as identified in the accompanying Fourth Amendment to City Manager Employment Agreement to incorporate the changes approved by Council, and authorize the Mayor to sign the Fourth Amendment on behalf of the City.
ATTACHMENTS
Attachment 1 - Draft Fourth Amendment to the City Manager Employment Agreement
4876-1045-7289 v1
FOURTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT This Fourth Amendment to the City Manager Employment Agreement (“Fourth Amendment”) is entered into as of June 27, 2024, between the City of Buellton (“City”), and Gilbert Scott Wolfe (“Wolfe”). Wolfe and the City may be collectively referred to as the “Parties.” A. RECITALS.
WHEREAS, on July 1, 2019, the Parties entered into the City Manager Employment Agreement (“Agreement”), wherein the City employed Wolfe for the position of City Manager; WHEREAS, on August 12, 2021, the Parties entered into Amendment No. 1 to the Agreement (“Amendment No. 1”);
WHEREAS, on July 14, 2022, the Parties entered into Amendment No. 2 to the Agreement (“Amendment No. 2”);
WHEREAS, on July 27, 2023, the Parties entered into Amendment No. 3 to the Agreement (“Amendment No.3”);
WHEREAS, on June 13, 2024, the City Council met in closed session and completed its annual review of Wolfe’s performance. On June 27, 2024, the City Council met in open session to consider changes to Wolfe’s Agreement;
WHEREAS, at the June 27, 2024 meeting, the City Council confirmed its intent to provide Wolfe with a cost of living adjustment (“COLA”) commensurate with the COLA previously provided to other City employees, to provide Wolfe with a 5% merit increase, and modify provisions relating to termination without-cause; and
WHEREAS, the Parties wish to enter into this Fourth Amendment to the Agreement to delineate the agreed upon modifications to the Agreement.
NOW, THEREFORE, in consideration of the promises herein, the Parties agree as follows:
B. AGREEMENT
1. Paragraph B.7.a (Salary) of the Agreement is amended as follows: “Effective July 1, 2024, Wolfe shall receive a 3.94% cost of living adjustment (“COLA”) and a merit increase of 5% based on Wolfe’s satisfactory performance as the City Manager, which shall result in an annual salary of two hundred twenty eight thousand four hundred twenty one dollars and 03/100 ($228,421.03 per annum), payable at the normal times as all employees of the City. Wolfe shall receive all future COLAs at the same time as other City employees receive such COLAs, provided that such COLAs do not exceed the California Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relations. If City Council approves a future COLA for all other City employees that exceeds the California Consumer Price Index for
4876-1045-7289 v1
Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relations, then such COLA is not automatic for Wolfe and City Council must separately approve such COLA for Wolfe.”
2. Paragraph B.6.b (Termination by City Not for Cause) of the Agreement is amended to add the following subparagraph: “iv. Option to Retire in Lieu of Severance Payment.
Wolfe may, at his sole discretion, voluntarily retire by immediately providing a written notice of retirement to the City in lieu of termination without cause. Should Wolfe elect to voluntarily retire, as provided under this subparagraph, Wolfe agrees that he will not receive the Severance Payment.”
3. Paragraph B.6. (At-Will Employment Status, Exclusion from Classified Service, and Termination) of the Agreement is amended to add the following subparagraph “k. Effect of Councilmember Turnover and Councilmember Vacancies on Terminations. The City agrees not to terminate Wolfe’s employment without cause while there is more than one City Councilmember vacancy. City further agrees not to terminate Wolfe’s employment without cause during the first 120 days after the seating of any new member of the City Council (including Mayor). Nothing in this subparagraph alters the City’s ability to terminate Wolfe for cause as provided under paragraph B.6.e. of this Agreement.”
4. Except as specifically modified and amended in this Fourth Amendment, the Agreement, Amendment No. 1, Amendment No. 2, and Amendment No. 3 remain in full force and effect and binding upon the Parties.
IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment.
Wolfe
By:
Gilbert Scott Wolfe
City of Buellton
Dave King, Mayor
Attest
By:
Linda Reid, City Clerk