Agenda packet — Buellton City Council, December 12, 2024

CITY OF BUELLTON

CITY COUNCIL AGENDA
Regular Meeting of December 12, 2024 at 6:00 p.m.

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

Written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at:
http://www.cityofbuellton.com/government/cityTV.php

CALL TO ORDER
Mayor Dave King

PLEDGE OF ALLEGIANCE

ROLL CALL
Council Members, Hudson Hornick, Elysia Lewis, John Sanchez, Vice Mayor David Silva, and Mayor Dave King

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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 November 14, 2024 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year Fiscal Year 2024/2025

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City Council Meeting Agenda Page 2 December 12, 2024

3. Year 2025 Proposed Calendar of City Council Meetings

4. Monthly Treasurer’s Report – October 31, 2024
 (Staff Contact: Finance Director Shannel Zamora)

5. Ordinance No. 24-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (21-DA-01 – Amend #1) for The 518 – Mixed-Use Development Project Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006 and Authorizing Execution of the First Amendment by the City Manager” (Second Reading)
 (Staff Contact: Contract City Planner Irma Tucker)

6. Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01 – Amend #1) for the Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags on Assessor’s Parcel Number 137-17-070 and Authorizing Execution of the First Amendment by the City Manager” (Second Reading)  (Staff Contact: Contract City Planner Irma Tucker)

7. Resolution No. 24-29 – “A Resolution of the City Council of the City of Buellton, California, Declaring and Certifying the Results of the General Municipal Election Held on November 5, 2024”
 (Staff Contact: City Clerk Linda Reid)

8. Resolution No. 24-30 – “A Resolution of the City Council of the City of Buellton, California, Approving and Adopting the Local Road Safety Plan (LRSP)”  (Staff Contact: Public Works Director Rose Hess)

9. Acceptance of the SYVCO CDBG - 140 W. Highway 246 TI Projects  (Staff Contact: Public Works Director Rose Hess)

10. Rejection of Bid for the Library/Field Parking Lot Project  (Staff Contact: Public Works Director Rose Hess)

11. Approval of the Member Agency Contribution and Reimbursement Agreement  (Staff Contact: Public Works Director Rose Hess)

PRESENTATIONS

PUBLIC HEARINGS

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City Council Meeting Agenda Page 3 December 12, 2024

COUNCIL MEMBER COMMENTS/ITEMS (POSSIBLE ACTION)

12. Council Reorganization
A. Recognition of Dave King for his Dedicated Service to the City of Buellton B. Oath of Office and Seating of Mayor David Silva and Council Member Elysia Lewis, District 2, and Council Member John Sanchez, District 3 C. Appointment of Vice Mayor

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

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

BUSINESS ITEMS (POSSIBLE ACTION)

13. Disposition of City Council Seat Vacancy
 (Staff Contact: City Manager Scott Wolfe)

14. Discussion of Planning Commission Appointment Timeline and Process  (Staff Contact: City Manager Scott Wolfe)
CITY MANAGER’S REPORT

ADJOURNMENT
The next meeting of the City Council will be held on Thursday, January 9, 2025 at 6:00 p.m.

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

CITY OF BUELLTON

CITY COUNCIL MEETING MINUTES
Regular Meeting of November 14, 2024
City Council Chambers, 140 West Highway 246
Buellton, California

CALL TO ORDER
Mayor King called the meeting to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Council Members Hudson Hornick, Elysia Lewis, John Sanchez, Vice Mayor David Silva, and Mayor Dave King
Staff: City Manager Scott Wolfe, Public Works Director Rose Hess, Finance Director Shannel Zamora (Via Zoom), Planning Director Andrea Keefer, Contract City Planner Irma Tucker, and City Clerk Linda Reid

REORDERING OF AGENDA
None

PUBLIC COMMENTS
Holly Sierra, Buellton, spoke about the construction progress at the new Library and stated the Library will open in mid-January. Ms. Sierra requested that Friends of the Library be allowed to use a portion of the garage meeting space to conduct fundraising for the Library.

CONSENT CALENDAR

1. Minutes of October 24, 2024 Regular City Council Meeting

2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2024/2025

3. Acceptance and Filing of Stormwater Management Program (SWMP) Annual Report FY 2023-2024

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City Council Meeting Minutes Page 2 November 14, 2024
MOTION:

Motion by Council Member Sanchez, seconded by Vice Mayor Silva, approving Consent Calendar Items 1 through 3 as listed.

VOTE:

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

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

PRESENTATIONS

4. Presentation of Gold Cards to Boys and Girls Club Recipients Michael Baker, representing the United Boys and Girls Clubs of Santa Barbara County thanked the Council for their support and recognition of the Gold Card recipients.

Mayor King presented Gold Cards and congratulated each of the Boys and Girls Club Recipients, representing their attendance at the Buellton Club Site for 105 or more days.

PUBLIC HEARINGS

5. Resolution No. 24-27 – “A Resolution of the City Council of the City of Buellton, California, Approving a Development Plan Modification (24-DPM-01) to Final Development Plan (21-FDP-05) for The 518 Mixed-Use Project, Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006, and Making Findings in Support Thereof”
Ordinance No. 24-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (21-DA-01- Amend#1) for the 518 Avenue of Flags – Mixed-Use Development Project Located at 518 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” (Introduction and First Reading)
RECOMMENDATION:

That the City Council consider approval of Resolution No. 24-27 and the introduction and first reading of Ordinance No. 24-05.

STAFF REPORT:

Contract City Planner Tucker presented the staff report.

SPEAKERS/DISCUSSION:

Brandon Mann, project applicant, discussed the proposed project and answered questions from the Council.

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City Council Meeting Minutes Page 3 November 14, 2024
Mayor King opened the public hearing at 7:20 p.m.

Holly Sierra, Buellton, spoke in favor of the proposed projects on the Avenue of Flags.

There being no further public comment, Mayor King closed the public hearing at 7:21 p.m.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Council Member Lewis seconded by Mayor King approving Resolution No. 24- 27 – “A Resolution of the City Council of the City of Buellton, California, Approving a Development Plan Modification (24-DPM-01) to Final Development Plan (21-FDP-05) for The 518 Mixed-Use Project, Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006, and Making Findings in Support Thereof”
VOTE:

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

Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Silva – No
Mayor King – Yes
MOTION:

Motion by Council Member Lewis, seconded by Council Member Sanchez introducing the first reading of Ordinance No. 24-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving a Development Plan Modification (24-DPM-01) to Final Development Plan (21-FDP-05) for The 518 Mixed-Use Project, Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006, and Making Findings in Support Thereof” by title only and waive further reading.

VOTE:

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

Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Silva – No
Mayor King – Yes

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City Council Meeting Minutes Page 4 November 14, 2024

6. Resolution No. 24-28 – “A Resolution of the City Council of the City of Buellton, California, Approving a Development Plan Modification (24-DPM-02) to Final Development Plan (19-FDP-01) for the Creekside Village Mixed-Use Project, Located at 480 Avenue of Flags on Assessor’s Parcel Number 137-170-070, and Making Findings in Support Thereof”
Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01- Amend#1) for the Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” (Introduction and First Reading)
RECOMMENDATION:

That the City Council consider approval of Resolution No. 24-28 and the introduction and first reading of Ordinance No. 24-06.

STAFF REPORT:

Contract City Planner Tucker presented the staff report.

SPEAKERS/DISCUSSION:

Brandon Mann, project applicant, discussed the proposed project and answered questions from the Council.

Mayor King opened the public hearing at 7:20 p.m. There being no further public comment, Mayor King closed the Public Hearing at 7:21 p.m.

DOCUMENTS:

Staff report with attachments as listed in the staff report.

MOTION:

Motion by Vice Mayor Silva seconded by Mayor King approving Resolution No. 24-28 – “A Resolution of the City Council of the City of Buellton, California, Approving a Development Plan Modification (24-DPM-02) to Final Development Plan (19-FDP-01) for the Creekside Village Mixed-Use Project, Located at 480 Avenue of Flags on Assessor’s Parcel Number 137-170-070, and Making Findings in Support Thereof” VOTE:

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

Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Silva – No
Mayor King – Yes

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City Council Meeting Minutes Page 5 November 14, 2024
MOTION:

Motion by Vice Mayor Silva, seconded by Mayor King introducing the first reading of Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01- Amend#1) for the Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags and Authorizing Execution of the Agreement by the City Manager” by title only and waive further reading.

VOTE:

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

Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Silva – No
Mayor King – Yes

COUNCIL MEMBER COMMENTS/ITEMS
Council Members Lewis and Sanchez thanked staff for organizing Fall Fest on the Avenue of Flags and said it was a great event.

Vice Mayor Silva thanked Pam Gnekow for organizing the Veterans Day events in Solvang.

Mayor King stated the artwork project on the side of the Buellton Post Office is beautiful.

WRITTEN COMMUNICATIONS
None

COMMITTEE REPORTS
Council Member Lewis announced that she attended a City/School District Joint Use Committee meeting and provided an oral report for the record.

BUSINESS ITEMS

None
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.

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City Council Meeting Minutes Page 6 November 14, 2024

CLOSED SESSION ITEMS

7. Closed Session – California Government Code Section 54956.9(d)(1) regarding:

EXISTING LITIGATION (1 matter): Dorwin v. City of Buellton, et al.; Santa Barbara County Superior Court Case No. 24CV25603
The City Council met in closed session to discuss Item 7. The City Council provided direction to retain outside council to defend the above referenced lawsuit.

ADJOURNMENT
Mayor King adjourned the regular meeting at 7:45 p.m. The next regular meeting of the City Council will be held on Thursday, December 12, 2024 at 6:00 p.m. ____________________________
Dave King
Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk

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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: December 12, 2024
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2024/2025
______________________________________________________________________________

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 11/02/2024 through 11/29/2024 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 11/02/2024 through 11/29/2024 was $755,400.41.

FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for 11/02/2024 through 11/29/2024. 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 11/02/2024 through 11/29/2024.

ATTACHMENTS
Attachment 1 – Claims

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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: December 12, 2024

Subject: Monthly Treasurer’s Report – October 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 13, 2024, Council adopted the current Investment Policy per Resolution 24-18 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 October 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 receives and files the Treasurer’s Report for the month ending October 31, 2024.

ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – October 31, 2024

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[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in October 31, 2024
December 12, 2024
This report presents the City’s cash activity and investment portfolio as of October 31, 2024. The report includes:
1) Cash and investments at October 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 October 31, 2024
The following schedule is a summary of the City’s cash and investments based on recorded value as of October 31, 2024 compared with the prior month.

September 30, 2024 October 31, 2024 $ Change
Cash - Pooled $ 4,740,509.85 $ 4,768,867.49 $ 28,357.64 Investments held by the City 17,863,620.04 17,993,131.83 $ 129,511.79 TOTAL CASH AND INVESTMENTS 22,604,129.89 $ $ 22,761,999.32 $ 157,869.43 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 costs associated with the Willemsen House renovation and October sheriff services offset with revenue from September 2024 transient occupancy tax (TOT) and August 2024 sales tax. The value of investments also changed due to interest earnings on money market fund, Local Agency Investment Fund (LAIF) and Certificate of Deposits (CDs). The portfolio is sufficiently liquid to meet expected expenditures for the coming six months.

City of Buellton

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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:
13,530,525.65
3,140,403.44
(1,798,407.92)
7,969,964.91
(2,683,371.14)
11,717.13
46,284.82
766,791.97
435,623.73
33,020.76
825,534.97
(22,008.96)
509,462.50
-
-
(3,542.54)
-
22,761,999.32
4,755,147.46
5,610,041.11
13,720.03
3,017,801.66
9,365,289.06
22,761,999.32
999-21000 Wages Payable - -
22,761,999.32
22,761,999.32
22,761,999.32
Per Statements: 10/31/2024
Mechanics General Checking 5,343,145.59
Mechanics Money Market 5,610,041.11
Mechanics FSA 13,720.03
Local Agengcy Investment Fund (LAIF) 9,365,289.06
Multi-Bank Securities Bank 3,017,801.66
Total Cash Per Statement: 23,349,997.45
Claim on Cash vs Total (587,998.13)
Outstanding Items: (587,998.13)
Difference: 0.00
Bank Reconciliation - October 2024
City of Buellton, CA
For the Period Ending 10/31/2024
10/1/2024

BALANCE

CURRENT

ACTIVITY
10/31/2024
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,971,991.32) 173,583.40 020-10000 Claim On Pooled Cash 7,797,582.33 172,382.58

CLAIM ON CASH
001-10000 Claim On Pooled Cash 13,444,252.26 86,273.39
005-10000 Claim On Pooled Cash 3,279,319.79 (138,916.35) 024-10000 Claim On Pooled Cash 43,480.47 2,804.35
025-10000 Claim On Pooled Cash 744,712.26 22,079.71
021-10000 Claim on Pooled Cash (2,683,371.14) -
023-10000 Claim On Pooled Cash 11,649.11 68.02
031-10000 Claim On Pooled Cash 787,285.62 38,249.35
032-10001 Claim On Pooled Cash (22,008.96) -
027-10000 Claim On Pooled Cash 436,003.31 (379.58)
029-10000 Claim On Pooled Cash 33,048.03 (27.27)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash 197,662.84 (201,205.38)
075-10000 Claim On Pooled Cash 506,505.29 2,957.21
090-10000 Claim On Pooled Cash - -
TOTAL CLAIM ON CASH 22,604,129.89 157,869.43

CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 4,728,229.50 26,917.96 999-10004 Pooled Cash - Brokerage 3,020,355.64 (2,553.98) 999-10005 Pooled Cash - LAIF 9,255,528.31 109,760.75
999-10002 Pooled Cash - Money Market 5,587,736.09 22,305.02 999-10003 Pooled Cash - FSA 12,280.35 1,439.68

DUE TO OTHER FUNDS
999-27000 Due To Other Funds 22,604,129.89 157,869.43
TOTAL DUE TO OTHER FUNDS 22,604,129.89 157,869.43
TOTAL: Cash in Bank 22,604,129.89 157,869.43
-
TOTAL: Cash in Bank 22,604,129.89 157,869.43

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City of Buellton
Investment Summary
October 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.

As of October 31, 2024
Percent of
Portfolio Yield
Maturity
Term
(months) Maturity Date Par Value Market Value
Local Agency Investment Fund - LAIF 53.28% 4.71% n/a n/a $ 9,365,289.06 $ 9,365,289.06 Morgan Stanley Bank 0.57% 1.90% 60 1/23/2025 100,000.00 99,371.00 Security Identifier: 61760A6K0
State Bk India 1.14% 1.60% 60 4/29/2025 200,000.00 197,242.00 Security Identifier: 856285TF8
Sallie Mae Bank 0.68% 0.80% 60 7/1/2025 120,000.00 117,211.20 Security Identifier: 7954506Q3
Spokane Teachers Credit Union 1.02% 0.80% 60 4/15/2027 180,000.00 183,333.60 Security Identifier: 849061AG1
Third Fed Savings 1.39% 3.50% 60 6/28/2027 245,000.00 242,172.70 Security Identifier: 88413QDL9
Morgan Stanley Bank 0.59% 3.75% 60 6/28/2027 104,000.00 103,447.76 Security Identifier: 61773TFC2
Capital One Bank 1.39% 3.75% 60 9/30/2027 244,000.00 246,349.72 Security Identifier: 14042RURO
Hickam Federal Credit Union 0.57% 3.75% 48 1/31/2028 100,000.00 100,808.00 Security Identifier: 42869GAB2
Global Federal Credit Union 1.42% 4.60% 60 4/17/2028 249,000.00 254,395.83 Security Identifier: 37892MAC8
Optum Bk Draper Utah CTF Dep 0.91% 4.45% 60 12/22/2028 160,000.00 163,137.60 Security Identifier: 68405VBV0
First Foundation Bank 0.91% 4.60% 60 5/10/2029 160,000.00 102,684.00 Security Identifier: 68405VBV0
Leaders Credit Union 0.57% 4.00% 60 8/30/2029 100,000.00 100,253.00 Security Identifier: 52171MAN5
United States Treasury Bill 5.97% 5.11% 6 12/5/2024 1,049,000.00 1,069,338.84 Security Identifier: 912797LF2
Multi-Securities Bank - Cash in Holding 38,056.41
Money Market (Held with Mechanics Bank) 29.59% 4.80% n/a 5,200,000.00 5,610,041.11 Total City Investments 100.00% $ 17,576,289.06 $ 17,993,131.83 Average Yield:3.47% Average Maturity (months): 54.92
Certificates of Deposits (Held with Multi-Securities Bank) U.S. Treasury Securities (Held with Multi-Securities Bank)

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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, 2024 plus revenues minus expenditures for the period, resulting in ending fund balance at October 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 October 31, 2024
Balance
2,571,123.93 4,477,496.22 13,492,150.66
446,902.69 587,692.35 2,711,011.48
006 - Wastewater Capital 268,300.40 7,197.14 665,229.64 020 - Water Fund 1,070,095.70 1,051,666.35 9,790,385.19 021 - Water Capital 68,355.00 42,301.00 254,349.46
183.63 1,300.00 501,892.10
8,247.78 - 46,231.95
84,573.62 55,090.38 768,343.16
027 - Local Transportation Fund 5,525.79 6,666.64 436,780.14 029 - Transportation Planning 240.96 1,489.99 (103,645.78) 031 - Measure A 73,071.61 22,405.06 857,024.93
032 - American Relief Act Fund 268,035.48 324,115.11 (22,624.20) 075 - Trust & Agency Fund 4,438.35 - 29,435.41
090 - Long-Term Debt - - (2,944,392.98)
091 - General Fixed Assets - - 27,720,824.52
1,510,822.61
8,250,772.30 54,040,466.23
27,720,824.52
092 - Capital Improvement Proj Fund - 1,673,352.06 (162,529.45) 55,911,320.98 6,379,917.55
437,920.99
(102,396.75)
806,358.38
33,455.43
24,997.06
(2,944,392.98)
228,295.46
023 - Housing Fees 503,008.47
024 - Traffic Mitigation Fund 37,984.17
025 - Gas Tax Fund 738,859.92
001 - General Fund 15,398,522.95
005 - Sewer Fund 2,851,801.14
404,126.38
9,771,955.84
Fund Balance Report
City of Buellton, CA 10/31/2024
Fund July 1, 2024
Balance
Total Revenues

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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: Irma Tucker, Contract City Planner
Date: December 12, 2024
Subject: Ordinance No. 24-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (21-DA-01 – Amend #1) for The 518 – Mixed-Use Development Project Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006 and Authorizing Execution of the First Amendment by the City Manager” (Second Reading)
______________________________________________________________________________

BACKGROUND
On November 14, 2024, the City Council commenced a duly noticed public hearing on Development Agreement (21-DA-01), pertaining to property located at 518 Avenue of Flags (APN 137-170-006). At the conclusion of the hearing, The City Council introduced and held the first reading of Ordinance No. 24-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (21-DA-01 – Amend #1) for The 518 – Mixed-Use Development Project Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006 and Authorizing Execution of the First Amendment by the City Manager”.

FISCAL IMPACT
The fiscal impact is unknown at this time. However, the development of this project is expected to be a catalyst for other development on the Avenue of Flags, which is anticipated to have positive long-term fiscal impacts.

All prior approved provisions of the original Development Agreement (21-DA-01), to include previously imposed DOR payment terms, amounts, and timing, will remain; payments shall continue to be made as identified in the original Development Agreement.

Additional DOR payments shall be instituted if (1) owner fails to submit applications for Building Permit within 6 months of the execution date of the First Amendment to the Development Agreement, or (2) owner fails to initiate grading or other construction relying upon a Grading Permit or Building Permit issued by the County of Santa Barbara within 18 months of the execution

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Ordinance No. 24-05 Page 2 December 12, 2024
date of the First Amendment to the Development Agreement. In the event that one or more of the deadlines above is not met, an additional payment of $50,000 to the Public Benefit Fund shall be due and payable to the City. Additional payments of $50,000 to the Public Benefit Fund shall be due every 6 months beyond the initial missed deadline until the action required in the deadline has been completed.

RECOMMENDATION
That the City Council consider the adoption of Ordinance No. 24-05 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (21-DA-01 – Amend #1) for The 518 – Mixed-Use Development Project Located at 518 Avenue of Flags on Assessor’s Parcel Number 137-170-006 and Authorizing Execution of the First Amendment by the City Manager”

ATTACHMENTS
Ordinance No. 24-05 (Exhibit A)

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ORDINANCE NO. 24-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT (21-DA01 – AMEND #1) FOR THE 518 AVENUE OF FLAGS – MIXED-USE DEVELOPMENT PROJECT LOCATED AT 518
AVENUE OF FLAGS ON ASSESSOR’S PARCEL NUMBER
137-170-006 AND AUTHORIZING EXECUTION OF THE

FIRST AMENDMENT BY THE CITY MANAGER
WHEREAS, the City Council approved an application to the City of Buellton requesting approval of a development agreement (21-DA-01) for the 518 Avenue of Flags – Mixed Use Development project, located at 518 Avenue of Flags; and WHEREAS, the Developer also submitted a request for a Final Development Plan (21- FDP-05); and
WHEREAS, collectively, 21-DA-01 and Final Development Plan 21-FDP-05 constitute the “Project”; and
WHEREAS, the Developer, Edward St. George Revocable Trust, has submitted an application for the modification of the Project, to include a first amendment to 21-DA 01; and WHEREAS, the Project Site is located within the Avenue of Flags Specific Plan (“Specific Plan”) area, which Specific Plan was adopted concurrently with a Mitigated Negative Declaration (“MND”) prepared pursuant to the California Environmental Quality Act (“CEQA”) that comprehensively studied the growth and impacts of the Specific Plan including but not limited to the impacts anticipated by all uses proposed as part of the Project; and WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the Planning Commission held a public hearing on the Project at its regular meeting of October 17, 2024, and considered the substance of the first amendment to 21-DA-01 along with the other aspects of the Project and did recommend approval of the Project to the City Council; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site on November 3, 2024 and published it in the Santa Ynez Valley Times on October 31, 2024; and
WHEREAS, the City Council held a public hearing at its regular meeting of November 14, 2024, to consider the Project, including the first amendment to 21-DA-01 and considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project and studied the compatibility of this request with adjacent land uses; and

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Ordinance No. 24-05 Page 2 December 12, 2024
WHEREAS, the City found that the Project is consistent with the MND prepared for the Specific Plan and therefore no additional review under CEQA is necessary for the Project.

NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:

Section 1.

Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby finds that with respect to Buellton Municipal Code Section 19.08.130:

1. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the Zoning Code of the City of Buellton, in the City’s General Plan, and in the Specific Plan.

The proposed development agreement is consistent with the objectives, policies, general land uses, and programs set forth in the Buellton General Plan and the Specific Plan, including:
a. The economic development tool, “Development Opportunity Reserve,” included in the Avenue of Flags Specific Plan to incentivize property owners to provide a public good in return to receive some benefit or reduction in standards as part of their development.
b. The Land Use element of the General Plan which identifies the Avenue of Flags as an area that requires special consideration, and includes policy direction that guides future development in the area with a focus a variety of land uses, including mixed use development with the goal to revitalize the Avenue of Flags as an identifiable downtown and place for visitors and residents alike.
c. The Economic Development Element of the General Plan which includes a goal to continue to support and encourage economic revitalization of the Avenue of Flags commercial corridor and where appropriate, encourages that incentives are used to encourage and assist the private sector to maintain and revitalize this area.
d. The Guiding Principles listed in the Avenue of Flags Specific Plan, including to create a unique business and residential attraction for Buellton and the surrounding area within the Santa Ynez Valley (1.1), base the future development pattern on a form-based code based on economic opportunity, parcel location and size, rather than on a traditional zoning code that separates land uses and establishes rigid standards that may not be achievable (2.1), and provide for mixed-use area including retail, housing, public buildings, and opportunities for public events (3.1).

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Ordinance No. 24-05 Page 3 December 12, 2024
Section 2.

Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby additionally finds:

1. The first amendment to development agreement will not be detrimental to the health, safety and general welfare of the residents of the City.

As set forth above, the first amendment to the development agreement, along with the remainder of the Project, is consistent with the MND prepared to guide the implementation of the Specific Plan. The MND is incorporated by reference as the basis for the City Council’s finding that the first amendment to the development agreement will not be detrimental to the health, safety and general welfare of the residents of the City.

2. The first amendment to the development agreement will not adversely affect the orderly development of property or the preservation of property values.

The first amendment to the development agreement will not adversely affect the orderly development of property or the preservation of property values insomuch as it will allow for the development of the Project Site consistent with the Specific Plan and in furtherance of the Specific Plan’s goal to create a vibrant downtown core with a thriving mix of land uses and public activity.

3. The first amendment to the development agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.

The first amendment to the development agreement is consistent with the identified provisions of the Government Code in that, among other things, it is being entered into between the City and the entity holding legal title to the Project Site (Government Code Section 65865); it includes provisions for annual review of the agreement (Government Code Section 65865.1); it specifies the agreement’s duration, permitted uses of the property, density, provisions for dedication of land for public purposes (Government Code Section 65865.2); and its substance has been considered at public hearings of both the Planning Commission and City Council prior to final action (Government Code Section 65867).

Section 3.

City Council hereby approves and authorizes the City Manager to execute the First Amendment to Development Agreement (21-DA-01-+Amend#1) in the form attached hereto as Exhibit ‘A’ and made a part of this ordinance.

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Ordinance No. 24-05 Page 4 December 12, 2024
Section 4.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

Section 5.

The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 12th day of December, 2024. ________________________________
Dave King
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk

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Recording Requested By
And When Recorded Return to:

EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103

FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT (21-DA-01)

BETWEEN

THE CITY OF BUELLTON
AND
EDWARD ST. GEORGE REVOCABLE TRUST DATED MAY 16TH 2022

AND MANNBAYAR, LLC
(successor to The 518, LLC)
ORDINANCE # 24-05, EFFECTIVE [___________], 2024

THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS

OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE 65868.5

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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (21-DA-01)
This First Amendment to Development Agreement (the “Amendment”) is made and entered into as of ________, 202_, by and among the CITY OF BUELLTON, a municipal corporation (referred to hereinafter as “City”) and THE EDWARD ST.

GEORGE REVOCABLE TRUST DATED MAY 16TH, 2022 AND MANNBAYAR, LLC (successor to The 518, LLC) (referred to hereinafter as “Developer”). City and Developer are referred to hereinafter individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements contained in this Amendment, City and Developer agree as follows:

1. Recitals.

1.1 On April 14, 2022, the City Council adopted Ordinance No. 22-05, approving a Development Agreement (21-DA-01) (the “Agreement”) for the 518 Avenue of Flags – Mixed Use Development Project located at 518 Avenue of Flags, Assessor’s Parcel Number 137-170-006, and authorizing the City Manager to execute the Agreement.

1.2 City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to the Agreement and this Amendment is fair, just and reasonable and that the Agreement as amended is consistent with the General Plan of City.

1.3 On November 14, 2024, the City Council of City ("City Council") commenced a duly noticed public hearing on this Amendment, and at the conclusion of the hearing approved this Amendment by Ordinance No. 24-05 ("the Enabling Ordinance").

2. Original Development Agreement Provisions. All of the provisions of the executed Agreement (21-DA-01) shall continue to apply, unless modified herein.

3. Amendments to the Agreement.

1. Section 4 (Development of the Property) of the Agreement is hereby amended to read as follows:

4. Development of the Property. The following provisions shall govern the development and use of the Property.

4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are authorized by City zoning code, Prior Approvals, as may be modified, and as otherwise set forth in this Agreement, including, but not limited to, a mixed use development with up to 44 total multi-family residential units, 1,475 square feet of general commercial use, 6,158 square feet of new live/work commercial use, for a total commercial area of 7,633 square feet, and parking.

4.1.1. Accessory Dwelling Units. No Accessory Dwelling Units may be

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constructed while the Developer owns the subject property. Should the property be sold or ownership otherwise transferred to another entity, Accessory Dwelling Units may be constructed within existing habitable space, pursuant to State Law. No Accessory Dwelling Units may be constructed within areas shown as storage on the approved Floor Plans dated May 16, 2024, including revisions dated July 9, 2024 and September 6, 2024, or within any parking area, to include covered or enclosed parking.

19.04.110. For the purposes of building height exceptions per BMC Section

19.04.110 B, the following structures shall be considered architectural features and may be up to 50 feet in height: solar equipment, HVAC, mechanical equipment, AC condensers, elevators and stair housings, decorative towers, flagpoles, and other similar equipment and structures.

4.3 Building Standards. Each instance of permitted construction activity on the Property shall adhere to any federal or state building requirements, municipal building codes and/or regulations (collectively "the Building Codes") in effect at the time of the earlier of the plan check approval or permit approval for each said instance of construction activity.

4.4 Reservations and Dedications. All reservations and dedications of land for public purposes, if any, applicable to the Property are set forth in the Prior Approvals and this Agreement.

4.5 Compliance with Affordable Housing Standards. An Affordable Housing Agreement between the Parties, meeting the provisions of Buellton Municipal Code Section 19.16.040, or other requirements as may be deemed acceptable to the City Council, shall be approved by the City Council and executed prior to Zoning Clearance for Development Plan Modification No. 24-DPM-01 to Final Development Plan No. 21- FDP-05. Building Permits shall not be issued until such Agreement is recorded against the property.

2. Section 6.3 (Anticipated Development Timeline) of the Agreement is hereby amended to read as follows:

6.3 Anticipated Development Timeline

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Notwithstanding the term of the Prior Approvals set forth in Section 5.3 and fully understanding that this Agreement was entered into in order to provide Developer flexibility in the timing of development as well as certain other benefits enumerated herein, Developer anticipates undertaking the Project with the following timeline:
(a) Submit building plans for approval by the County of Santa Barbara within six (6) months of execution of this Amendment.
(b) Commence construction or grading within eighteen (18) months of execution of this Amendment.

3. Section 6.3.1 (Additional Public Benefit Fund Payments) of the Agreement is hereby added to read as follows:

6.3.1 Additional Public Benefit Fund Payments
Failure of the Developer to meet the timeline described in Section 6.3, above, will result in additional payments to the Public Benefit Fund described in Section 6.4, below, as follows:
(a) an additional payment of Fifty Thousand Dollars ($50,000) to the Public Benefit Fund due on the day following the deadline established in Section 6.3 (a) and/or 6.3 (b); and
(b) an additional payment of Fifty Thousand Dollars ($50,000) to the Public Benefit Fund each six months after the deadline, until the action required in the deadline has been met.

IN WITNESS WHEREOF, Developer and City of Buellton have executed this Development Agreement on the date first above written.

OWNER:

THE EDWARD ST. GEORGE REVOCABLE TRUST DATED MAY 16, 2022 and

MANNBAYAR, LLC
St. George, as Co-Tenant
By: _________________________
Name: Edward St. George, Trustee
Of the Edward St. George Revocable Trust, dated May 16th, 2022 Mannbayar, LLC d.b.a MB Development Company, as Co-Tenant a California Limited Liability Company

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By: ________________________
Name: Brandon Mann
Its: Manager
CITY OF BUELLTON:

By:___________________________
Dave King, Mayor
ATTEST
______________________________
Linda Reid, City Clerk
APPROVED AS TO FORM:
______________________________
Gregory M. Murphy, City Attorney

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Exhibit 1-A
Property Legal Description
The land referred to herein is situated in the State of California, County of Santa Barbara and described as follows:

THAT PORTION OF THAT CERTAIN 445 ACRE TRACT OF LAND MARKED "EMILY BUELL", AS SHOWN UPON MAP OF DIVISION OF R. T. BUELL

RANCH, BEING A PORTION OF RANCHO SAN CARLOS DE JONATA IN THE

CITY OF BUELLTON, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, FILED IN BOOK 11 AT PAGE 165 OF MAPS AND SURVEYS, RECORDS OF SAID SANTA BARBARA COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A FOUND 1/2 INCH PIPE OF THE SOUTHEASTERLY LINE OF

THE NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS, BEING ALSO

THE MOST WESTERLY CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO JAMES PEKAR, ET UX., RECORDED MARCH 26, 1953 IN BOOK 1140, AT PAGE 262 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 4948; THENCE ALONG THE SOUTHWESTERLY LINE OF THE PEKAR TRACT, SOUTH 62° 17' EAST 265 FEET TO FOUND 1/2 INCH SURVEY PIPE ON THE MOST SOUTHERLY CORNER OF SAID TRACT; THENCE SOUTH 27° 43' WEST 200.08 FOOT TO A SET 1/2 INCH SURVEY PIPE ON THE NORTHEASTERLY LINE OF A 60 FOOT ROAD EASEMENT AS GRANTED TO LEON A. ROESER, BY DEED RECORDED MAY 5, 1949 IN BOOK 852 AT PAGE 73 OF OFFICIAL RECORDS, AS INSTRUMENT NO. 5561; THENCE ALONG THE NORTHEASTERLY LINE OF SAID EASEMENT, NORTH 62° 17' WEST 265 FEET TO A SET 1/2 INCH SURVEY

PIPE ON THE SOUTHEASTERLY LINE OF THE NEW STATE HIGHWAY RIGHT OF WAY AS IT NOW EXISTS; THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 27° 43' EAST 200.08 FEET TO THE POINT OF BEGINNING.

THE LAND HEREIN DESCRIBED IS SHOWN ON A MAP OF SURVEY FILED IN BOOK 36, PAGE 10 OF RECORD OF SURVEYS.

APN: 137-170-006
(End of Legal Description)

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Exhibit 1‐B
Existing Site Plan – 518 Avenue of Flags

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Exhibit 2
Development Plan – The 518 Mixed-Use Project
First Amendment to Development Agreement (21-FDP-01-Amend#1)

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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council
From: Irma Tucker, Contract City Planner
Date: December 12, 2024
Subject: Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01 – Amend #1) for the
Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags on Assessor’s Parcel Number 137-17-070 and Authorizing Execution of the First Amendment by the City Manager” (Second Reading)
______________________________________________________________________________

BACKGROUND
On November 14, 2024, the City Council commenced a duly noticed public hearing on Development Agreement (20-DA-01), pertaining to property located at 480 Avenue of Flags (APN 137-170-070). At the conclusion of the hearing, The City Council introduced and held the first reading of Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01 – Amend #1) for the Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags on Assessor’s Parcel Number 137-17-070 and Authorizing Execution of the First Amendment by the City Manager”.

All prior approved provisions of the original Development Agreement (20-DA-01), to include previously imposed DOR payment terms, amounts, and timing, will remain; payments shall continue to be made as identified in the original Development Agreement.

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Ordinance No. 24-06 Page 2 December 12, 2024
date of the First Amendment to the Development Agreement. In the event that one or more of the deadlines above is not met, an additional payment of $50,000 to the Public Benefit Fund shall be due and payable to the City. Additional payments of $50,000 to the Public Benefit Fund shall be due every 6 months beyond the initial missed deadline until the action required in the deadline has been completed.

RECOMMENDATION
That the City Council consider adoption of Ordinance No. 24-06 - “An Ordinance of the City Council of the City of Buellton, California, Approving the First Amendment to Development Agreement (20-DA-01 – Amend #1) for the Creekside Village – Mixed-Use Development Project Located at 480 Avenue of Flags on Assessor’s Parcel Number 137- 17-070 and Authorizing Execution of the First Amendment by the City Manager”

ATTACHMENTS
Ordinance No. 24-06 (Exhibit A)

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ORDINANCE NO. 24-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT (20-DA01 – AMEND #1) FOR THE CREEKSIDE VILLAGE – MIXED-USE DEVELOPMENT PROJECT LOCATED AT 480
AVENUE OF FLAGS ON ASSESSOR’S PARCEL NUMBER
137-170-070 AND AUTHORIZING EXECUTION OF THE

FIRST AMENDMENT BY THE CITY MANAGER
WHEREAS, the City Council approved an application to the City of Buellton requesting approval of a development agreement (20-DA-01) for the Creekside Village – Mixed Use Development project, located at 480 Avenue of Flags; and WHEREAS, the Developer also submitted a request for a Final Development Plan (19- FDP-01) and a Lot Line Adjustment (19-LLA-01); and
WHEREAS, collectively, 20-DA-01, Final Development Plan 19-FDP-01 and Lot Line Adjustment 19-LLA-01 constitute the “Project”; and
WHEREAS, the Developer, Edward St. George Revocable Trust, has submitted an application for the modification of the Project, to include a first amendment to 20-DA 01; and WHEREAS, the Project Site is located within the Avenue of Flags Specific Plan (“Specific Plan”) area, which Specific Plan was adopted concurrently with a Mitigated Negative Declaration (“MND”) prepared pursuant to the California Environmental Quality Act (“CEQA”) that comprehensively studied the growth and impacts of the Specific Plan including but not limited to the impacts anticipated by all uses proposed as part of the Project; and WHEREAS, the City referred the Project to various departments and agencies for review and recommendations; and
WHEREAS, the Planning Commission held a public hearing on the Project at its regular meeting of October 17, 2024, and considered the substance of the first amendment to 20-DA-01 along with the other aspects of the Project and did recommend approval of the Project to the City Council; and
WHEREAS, the City distributed a Notice of Public Hearing to all property owners of record within 300 feet of the Project Site on November 3, 2024 and published it in the Santa Ynez Valley Times on October 31, 2024; and
WHEREAS, the City Council held a public hearing at its regular meeting of November 14, 2024, to consider the Project, including the first amendment to 20-DA-01 and considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed Project and studied the compatibility of this request with adjacent land uses; and

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Ordinance No. 24-06 Page 2 December 12, 2024
WHEREAS, the City found that the Project is consistent with the MND prepared for the Specific Plan and therefore no additional review under CEQA is necessary for the Project.

NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:

Section 1.

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Ordinance No. 24-06 Page 3 December 12, 2024
Section 2.

Based on the project materials, the staff report and all attachments, written and oral testimony and comments and all other information presented, hereby additionally finds:

1. The first amendment to development agreement will not be detrimental to the health, safety and general welfare of the residents of the City.

2. The first amendment to the development agreement will not adversely affect the orderly development of property or the preservation of property values.

3. The first amendment to the development agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.

Section 3.

City Council hereby approves and authorizes the City Manager to execute the First Amendment to Development Agreement (20-DA-01-Amend#1)) in the form attached hereto as Exhibit ‘A’ and made a part of this ordinance.

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Ordinance No. 24-06 Page 4 December 12, 2024
Section 4.

Section 5.

The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 12th day of December, 2024. _____________________________________
Dave King
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk

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Recording Requested By
And When Recorded Return to:

EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103

FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT (21-DA-01)

BETWEEN

THE CITY OF BUELLTON
AND,
EDWARD ST. GEORGE REVOCABLE TRUST DATED MAY 16TH 2022

AND MANNBAYAR, LLC
(successor to Creekside Village (AOF), LLC)
ORDINANCE # 24-06, EFFECTIVE [___________], 2024

THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS

OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE 65868.5

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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (20-DA-01)
This First Amendment to Development Agreement (the “Amendment”) is made and entered into as of ________, 202_, by and among the CITY OF BUELLTON, a municipal corporation (referred to hereinafter as “City”) and THE EDWARD ST.

GEORGE REVOCABLE TRUST DATED MAY 16TH, 2022 AND MANNBAYAR, LLC (successor to Creekside Village (AOF), LLC) (referred to hereinafter as “Developer”). City and Developer are referred to hereinafter individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements contained in this Amendment, City and Developer agree as follows:

1. Recitals.

1.1 On November 12, 2020, the City Council adopted Ordinance No. 20-07, approving a Development Agreement (20-DA-01) (the “Agreement”) for the Creekside Village – Mixed Use Development Project located at 480 Avenue of Flags, Assessor’s Parcel Number 137-170-070, and authorizing the City Manager to execute the Agreement.

2. Original Development Agreement Provisions. All of the provisions of the executed Agreement (20-DA-01) shall continue to apply, unless modified herein.

3. Amendments to the Agreement.

1. Section 4 (Development of the Property) of the Agreement is hereby amended to read as follows:

4. Development of the Property. The following provisions shall govern the development and use of the Property.

4.1 Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are authorized by City zoning code, Prior Approvals, as may be modified, and as otherwise set forth in this Agreement, including, but not limited to, a mixed use development with up to 61 total multi-family residential units, 1,092 square feet of general commercial use, 5,316 square feet of new live/work commercial use, for a total commercial area of 6,408 square feet, and parking.

4.1.1. Accessory Dwelling Units. No Accessory Dwelling Units may be

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4.2 Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Prior Approvals and this Agreement. Notwithstanding the foregoing, the Project is relieved from the following development standards to the extent described herein and in consideration for the public benefits described herein:
(a) Density. The Property may be developed with up to 61 residential units, for a residential density of up to 37.2 dwelling units per acre. (b) Building Height. The Property may be developed to four (4) stories with a maximum building height of 47 feet, 11 inches. Maximum building height shall be calculated using the method found in Buellton Municipal Code Section 19.04.110. For the purposes of building height exceptions per BMC Section 19.04.110 B, the following structures shall be considered architectural features and may be up to 50 feet in height: solar equipment, HVAC, mechanical equipment, AC condensers, elevators and stair housings, decorative towers, flagpoles, and other similar equipment and structures.

4.4 Reservations and Dedications. All reservations and dedications of land for public purposes, if any, applicable to the Property are set forth in the Prior Approvals and this Agreement.

4.5 Compliance with Affordable Housing Standards. An Affordable Housing Agreement between the Parties, meeting the provisions of Buellton Municipal Code Section 19.16.040, or other requirements as may be deemed acceptable to the City Council, shall be approved by the City Council and executed prior to Zoning Clearance for Development Plan Modification No. 24-DPM-02 to Final Development Plan No. 19- FDP-01. Building Permits shall not be issued until such Agreement is recorded against the property.

2. Section 6.3 (Anticipated Development Timeline) of the Agreement is hereby amended to read as follows:

6.3 Anticipated Development Timeline

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3. Section 6.3.1 (Additional Public Benefit Fund Payments) of the Agreement is hereby added to read as follows:

IN WITNESS WHEREOF, Developer and City of Buellton have executed this Development Agreement on the date first above written.

OWNER:

THE EDWARD ST. GEORGE REVOCABLE TRUST DATED MAY 16, 2022 and

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By: __________________________
Name: Brandon Mann
Its: Manager
CITY OF BUELLTON:

By:___________________________
Dave King, Mayor
ATTEST
______________________________
Linda Reid, City Clerk
APPROVED AS TO FORM:
______________________________
Gregory M. Murphy, City Attorney

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Exhibit 1-A
Property Legal Description
The land referred to herein is real property in the City of Buellton, County of Santa Barbara, State of California, described as follows:

PARCEL ONE:

THOSE CERTAIN PARCELS OF PARCEL MAP NO. 13176 IN THE CITY OF BUELLTON,

COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN PER MAP RECORDED IN BOOK 31 OF PARCEL MAPS, PAGES 36 AND 37, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

PARCELS A AND B TOGETHER AS ONE SINGLE PARCEL.

THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. 19-LLA-Ol, RECORDED DECEMBER 02, 2022, AS INSTRUMENT NO. 20220049852 OF OFFICIAL RECORDS.

PARCEL TWO:

AN EASEMENT FOR INGRESS AND EGRESS AND FOR ROAD PURPOSES IN COMMON WITH OTHERS, OVER, UPON AND ACROSS A STRIP OF LAND 60 FEET IN

WIDTH, LYING ADJACENT TO, PARALLEL WITH AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF PARCEL ONE ABOVE DESCRIBED.

APN: 137-170-070
(End of Legal Description)

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Exhibit 1-B
Existing Site Plan

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Exhibit 2
Development Plan – Creekside Mixed-Use Project,, 480 Avenue of Flags

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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: Linda Reid, City Clerk

Meeting Date: December 12, 2024
Subject: Resolution No. 24-29 – “A Resolution of the City Council of the City of Buellton, California, Declaring and Certifying the Results of the General Municipal Election Held on November 5, 2024” ______________________________________________________________________________

BACKGROUND

A General Municipal Election was held and conducted in the City of Buellton on Tuesday, November 5, 2024 as required by law. A notice of election was given in time, form and manner as provided by law, election officers were appointed and in all respects the election was held and conducted, the votes were cast, received and canvassed, and the returns made and declared in time, form, and manner as required by the Elections Code of the State of California for the holding of elections in General Law Cities.

Resolution No. 24-29 declares that the whole number of votes cast for Mayor was 2,738.

The name of the person receiving the highest number of votes for Mayor is David Silva.

Resolution No. 24-29 declares that seats for both Districts 2 and 3 were unopposed.

Current Council Member Elysia Lewis will continue representing District 2 until December 2028 and current Council Member John Sanchez will continue representing District 3 until December 2028.

Measure C2024, “Urban Growth Boundary Initiative of 2024”, was approved. Regarding Measure C2024: the whole number of votes cast in the City for C2024 was 2,631; 1,549 voting yes and 1,082 voting no.

Measure D2024, “Transient Occupancy Tax Rate Increase”, was approved. Regarding Measure D2024: the whole number of votes cast in the City for D2024 was 2,517; 1,364 voting yes and 1,153 voting no.

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Resolution No. 24-29 Page 2 December 12, 2024

RECOMMENDATION
That the City Council consider the adoption of Resolution No. 24-29 – “A Resolution of the City Council of the City of Buellton, California, Declaring and Certifying the Results of the General Municipal Election Held on November 5, 2024”

ATTACHMENTS

Resolution No. 24-29 (Exhibit A)

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RESOLUTION NO. 24-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, DECLARING AND

CERTIFYING THE RESULTS OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
WHEREAS, a General Municipal Election was held and conducted in the City of Buellton, California, on Tuesday, November 5, 2024 as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 24-14 adopted May 23, 2024, the County Elections Division canvassed the returns of the election and has certified the results to this City Council, which are attached and made a part hereof as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Buellton, California does resolve, declare, determine and order as follows:

SECTION 1. That the whole number of votes cast for Mayor was 2,738.

SECTION 2. That the names of the persons voted for at the election for Mayor are as listed in “Exhibit A” attached.

SECTION 3. Based upon the total number of votes for Elected Mayor, as shown in “Exhibit A”, the City Council does declare and determine that David Silva was elected as Mayor for the full term of two years.

SECTION 4. Council seats for both Districts 2 and 3 were unopposed. Current Council Member Elysia Lewis will continue representing District 2 for the full term of four years and current Council Member John Sanchez will continue representing District 3 for the full term of four years.

SECTION 5. Measure C2024, “Urban Growth Boundary Initiative of 2024”, was approved. Regarding Measure C2024: the whole number of votes cast in the City for C2024 was 2,631; 1,549 voting yes and 1,082 voting no.

SECTION 6. Measure D2024, “Transient Occupancy Tax Rate Increase”, was approved.

Regarding Measure D2024: the whole number of votes cast in the City for D2024 was 2,517; 1,364 voting yes and 1,153 voting no.

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Resolution No. 24-29 Page 2 December 12, 2024
SECTION 7. The City Clerk shall enter in the records of the City Council of the City, a statement of the result of the election, showing; (1) the whole number of votes cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; and (4) the total number of votes given to each person (Exhibit A).

SECTION 8. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 9. 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 12th day of December, 2024. ______________________________
Dave King
Mayor
ATTEST:
______________________________
Linda Reid
City Clerk, Elections Official

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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: December 12, 2024
Subject: Resolution No. 24-30 - “A Resolution of the City Council of the City of Buellton, California, Approving and Adopting the Local Road Safety Plan (LRSP)”
______________________________________________________________________________

BACKGROUND
A Local Road Safety Plan (LRSP) is a road safety plan document that provides a holistic analysis of vehicle, pedestrian and bicycle crash data, and provides a roadmap for implementation of safety improvements. The LRSP provides a framework for identification analysis and prioritization of roadway safety improvements on local roads.

In conjunction with the City’s Circulation Element of the General Plan, the LRSP help guide the safety improvements to the City’s transportation network.

In addition, in order to be eligible for state and federal grants, the City must have an adopted LRSP. Caltrans requires the LRSP in order to apply for local grants such as the HSIP, which specifically addresses accident prone locations.

The City’s LRSP document provided as Attachment 1. The LRSP includes feedback from community outreach and engagement, which started 18 months ago at various City events such as the Santa Ynez Valley Open Streets, Winterfest, BBQ Bonanzas and milers. The LRSP is a living document and will be updated as needed as improvements are made and conditions change.

FISCAL IMPACT
Approval of this resolution has no fiscal impact to the City. However, the LRSP enables the City to be eligible for grant funding from State and Federal Sources.

RECOMMENDATION
That the Council adopt Resolution No. 24-30 – “A Resolution of the City Council of the City of Buellton, California, Approving and Adopting the Local Road Safety Plan”

ATTACHMENTS
Resolution No. 24-30
Attachment 1 - LRSP

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RESOLUTION NO. 24-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF BUELLTON, CALIFORNIA, APPROVING AND

ADOPTING THE LOCAL ROAD SAFETY PLAN (LRSP)
WHEREAS, the a Local Road Safety Plan (LRSP) is a road safety planning document that provides a holistic analysis of vehicle, pedestrian and bicycle crash data, and provides a roadmap for implementation of safety improvements; and
WHEREAS, all state, county and local agencies are required to adopt an LRSP to be eligible to receive State and Federal Grant funds including the Highway Safety Improvement (HSIP); and
WHEREAS, the City’s LRSP was developed using the process outlined by the California Department of Transportation (Caltrans) to provide a systematic approach to providing safety improvements and guide the City to look at ways to set goals and measures that encourage a safe, well-connected transportation network for people using all modes of transportation, and prioritizes safe travel of people over expeditious travel of motor vehicles and aims to achieve significant declines in roadway fatalities and serious injuries by the year 2050.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Buellton does hereby resolve, determine, and order as follows:

SECTION 1. The City Council hereby approves and adopts the Local Roadway Safety Plan (LRSP).

SECTION 2. The City Clerk shall certify to the adoption of this Resolution and it shall become effective immediately.

PASSED, APPROVED and ADOPTED this 12th day of December, 2024.

____________________________
Dave King
Mayor
ATTEST:
_____________________________
Linda Reid
City Clerk

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City of Buellton
LRSP
City of Buellton

LOCAL ROADWAY SAFETY PLAN
Prepared for:

City of Buellton
107 West Highway 246
Buellton, California 93427
NOVEMBER 2024
Prepared by:
290 Valley Station Drive, Suite 102, Buellton, CA 93427 Tel 805.542.9052 www.tetratech.com
Project #200-155059-20003

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City of Buellton
LRSP

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City of Buellton
LRSP
1 City of Buellton

LOCAL ROADWAY SAFETY PLAN

TABLE OF CONTENTS
Title Page No.

INTRODUCTION ............................................................................................................. 3 VISION AND GOALS ...................................................................................................... 3 SAFETY PARTNERS ..................................................................................................... 3 PROCESS ....................................................................................................................... 4 EXISTING EFFORTS ...................................................................................................... 5 DATA SUMMARY ........................................................................................................... 7 EMPHASIS AREAS ...................................................................................................... 16 EVALUATION AND IMPLEMENTATION ..................................................................... 16

APPENDICES
A. SWITRS COLLISION DATA
B. COMMUNITY ENGAGEMENT
C. COMPLETE PROJECT LIST
D. CITY & NETWORK MAPS
E. BIKEWAY CLASSIFICATIONS

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City of Buellton
LRSP
2

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City of Buellton
LRSP
3 INTRODUCTION
The City of Buellton is one of the five communities that makes up the Santa Ynez Valley and can be found in Santa Barbara County. It is a convenient stop along both Highways 101 and 246 due to its central location between Santa Barbara, Santa Maria, and Lompoc. It is also a major commercial retail hub for the Santa Ynez Valley.

The City of Buellton is committed to improving transportation safety. The Local Roadway Safety Plan (LRSP) was developed with this commitment in mind. This plan covers present and future traffic safety needs and strategies for the community. Implementation of the plan will improve the safety of the City’s roadways for all of its residents and visitors.

As a part of the ongoing effort to make safety improvements, this LRSP will analyze crash history data and community feedback to determine the major causes and locations of traffic incidences, and other areas of concern, within the roadway system. The intention is to identify and address these safety problems and develop goals and strategies to combat these problems.

VISION AND GOALS
Vision Statement
The vision for this plan is to advance road safety in the City of Buellton by reducing the number of serious crashes within the City.

Goals
The goals set to support this vision are as follows:
 Reduce the number of crashes due to unsafe speeds
 Reduce the number of crashes on Highway 246
 Reduce the number of crashes due to failures to properly stop or yield  Reduce the number of fatal crashes to Zero by 2030
 Implement proven safety solutions systematically to reduce fatal and severe crashes

SAFETY PARTNERS
Safety partners are a variety of groups who can contribute to the development and implementation of the LRSP. These groups can support the plan by providing data, resources, collaboration, and advice.

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City of Buellton
LRSP
4 Safety partners include:
 Santa Barbara County Sheriff’s Department
 Santa Barbara County Association of Governments (SBCAG)  California Department of Transportation (Caltrans)
 California Highway Patrol
 Buellton Union School District
 Buellton Chamber of Commerce

PROCESS
Data Analysis
Crash reports for the City of Buellton were obtained from California Highway Patrol. These reports included crash data from 2018 to 2023. The collected data was analyzed to gain an understanding of recent crash history inside the city limits and to contribute to the selection of emphasis areas.

This data was one of the main contributing factors in the selection of the emphasis areas.

Public Outreach
Surveys were conducted throughout the last 18 months. A LRSP ATP survey was created in order to receive feedback from the community. The surveys were provided at booths during some of the City’s events, such as Santa Ynez Valley Open Streets and Winterfest. A flier and QR code for the survey was also mailed to residents’ homes with the City’s August Buzz and February Buzz. The digital version of the survey remained open and available so residents could fill it out at any time. A copy of the survey provided can be seen in Appendix B.

The purpose of the survey was to gain the public’s opinion on what locations were the most dangerous, what they thought the biggest problems regarding road safety were, and what improvements they would like to see being made. They were also able to provide any suggestions for improvements.

The responses to the survey was the other major contributing factor to the selection of emphasis areas for this plan.

Plan Development
Plan development for the LRSP was done in conjunction with the development of the Active Transportation Plan (ATP). The development of these plans started in August 2023 and have been updated and improved until the release of the first draft in December 2024.

Emphasis Areas
As stated previously, the selection of emphasis areas was mostly based on the crash history data and the public’s feedback. Once the emphasis areas were selected, strategies and countermeasures could be created to address the problems within these areas.

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City of Buellton
LRSP
5 EXISTING EFFORTS
Policies
City of Buellton – General Plan 2025
Policy C-6
The street system in new residential neighborhoods should have safe and logical connections to the existing street pattern. New local streets shall be consistent with the goals, policies and programs of the Land Use Element of the General Plan.

Policy C-7
The City should discourage new commercial or industrial development that allows customers, employees or deliveries to use residential streets. The circulation system should be designed so that non-residential traffic (especially truck traffic) is confined to nonresidential areas.

Policy C-9
The number of new driveways on Highway 246 should be minimized.

Policy C-12
Traffic calming measures shall be implemented at all arterial approaches to the City. Such measures shall be designed to slow traffic entering City Limits and enhance pedestrian, bicyclist and motorist safety.

Programs
City of Buellton – General Plan 2025
Circulation Element Program # 2
The City should annually monitor traffic conditions at key intersections and interchanges, including the Highway 246 intersections at McMurray Road, and the Highway 101 northbound ramps, and at the Damassa Road/Highway 101 interchange to determine the timing of future traffic facility improvements as identified in the Project Study Report (PSR). Monitoring should consist of traffic counts conducted during peak travel periods at these intersections, a review of the City’s progress toward land use buildout and associated traffic implications, and an assessment of the availability of funds for improvements to these intersections and interchanges.

The traffic monitoring should be coordinated with the annual review of the City’s Housing Element.

Circulation Element Program # 3
As new development occurs, the intersections of Highway 246 with roadways west of Avenue of Flags, including Sycamore Drive and La Lata Drive shall be periodically monitored to evaluate the need for a traffic signal or other arrangements to accommodate safe traffic and pedestrian circulation. As a demonstration project, the City should divert Highway 246 side street traffic to Sycamore Drive by creating cul de sacs at the northern and southern Riverview Drive and Calor Drive approaches to Highway 246. As warranted, the City should implement part of the West End Transportation Plan by signalizing intersections, including Sycamore Drive.

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City of Buellton
LRSP
6 Circulation Element Program # 4
The City will adopt traffic mitigation fees to be charged to new development to help provide roadway, bikeway, and pedestrian improvements necessitated by such development.

Circulation Element Program # 7
To maintain the standards described in policy C-10, the City should, as necessary and as determined by Caltrans and the City Engineer:
 Institute programs that encourage the use of alternate forms of transportation.  Make changes within existing roadways to improve safety and traffic flow, including:
o remove on-street parking,
o restripe a street including the addition of bike lanes, o synchronize traffic signals,
o install turn pockets at intersections,
o construct center turn lanes or median islands, or
o consider the selective widening of streets to improve safety and efficiency.

Projects
Highway 246 & McMurray Road Intersection Improvements
A construction project to widen McMurray Road at the Highway 246 Intersection and to make other improvements to the intersection was put out to bid and awarded in January 2024. It is scheduled to be completed in 2025. This project is intended to improve the safety of this intersection and will contribute to addressing some of the public’s concerns regarding this specific intersection.

FY 2023-24 Annual Road Maintenance Project
As a part of the upcoming Annual Road Maintenance Project, Associated Transportation Engineers (ATE) recently did an evaluation of the striping along Avenue of Flags and provided an updated striping plan for the South end of the street. This was done with the goal of improving safety on Avenue of Flags (with an emphasis on improving the safety for bicyclists who use this road).

Since the improvements and updates done to the North side of Avenue of Flags (striping, speed bumps, median improvements), there was been a decrease of collisions and a decrease of speeding on this portion of the street. The intention of the plans received from ATE is to see similar results on the South side.
2023 Speed Survey Report
A speed survey was recently conducted on specific streets throughout the City of Buellton. 17 locations were selected to collect speed data from using a radar collection method. Field reviews of the selected areas were also conducted and Engineering and Traffic Survey (E&TS) Forms were filled out. All of the data from the radar collections, the field reviews, and crash history were analyzed in order to evaluate if the posted speed limits were in need of modification.

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City of Buellton
LRSP
7 West Highway 246 Ped/Bike Safety Improvements Project The aim for this project was to design safety improvements on West Highway 246. The project focuses on restriping the highway between Riverview Drive and Avenue of Flags (a distance of approximately 1 mile) to narrow lane widths, reconfigure painted medians, increase shoulders, add bike lanes, and install buffer zones. Also, the City intends to install additional Rectangular Rapid Flashing Beacons (RFBs) or Pedestrian Hybrid Beacons (PHBs).

The City continues to struggle with high speeds of motorists entering and leaving the City on the west side of the city despite the previous installation of pedestrian-activated flashing beacons.

The high speeds, and wide width of the road, leave little confidence of the residents north and south of Highway 246, to cross and traverse the area. In spite of the existing pedestrian-activated flashing beacons, high vehicle speeds and the road’s width make it challenging for residents on either side of the highway to access nearby community resources (e.g. schools, parks, and markets) on foot or by bike. This project intends to lower vehicle speeds and improve safety for pedestrians and cyclists. The restriping of the highway will also be the start of creating multimodal pathways for the diverse community of Buellton to commute to the aforementioned community resources.

DATA SUMMARY
Crash history data was collected from the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) from January 1, 2018 to December 31, 2023. The SWITRS reports included data on date, time, location, primary crash factor, type of crash, the severity, what the vehicle collided with, environmental conditions, sobriety, and extent of injuries. A table with all of the key data collected from the reports can be found in Appendix A.

During this 6 year period, there were 185 reported and documented crashes. 95 of these crashes occurred on Highway 246. Another 25 occurred near or in intersections that include Highway 246.

Approximately 65% of all documents crashes over the last 6 years have happened on or near Highway 246. Table 7 shows the number of crashes per year for each of the streets that had reported collisions. There is also a Collision Data Map in Appendix A that displays the locations of crashes throughout the City.

The leading primary crash factors were automobile right-of-way (R-O-W) violations (18.4%), unsafe speeds (17.3%), and improper turns (16.8%). According to the violation codes found in the SWITRS reports, the automobile R-O-W crashes were caused by a failure to stop at red lights or stop-signs, a failure to properly yield when entering traffic (especially on highways), and a failure to yield properly when turning. Table 1 and Figure 1 show the break-down of primary crash factors for the last 6 years.

Table 2 and Figure 2 illustrated which types of crashes are the most common within Buellton.

Broadside and Rear-end collisions are the most frequent types. They both make up 27% of collisions each. Sideswipe collisions are the next most frequent at 24.3%.

Between 2018 and 2023, there were 55 crashes that involved injuries and 1 that resulted in a fatality (see Table 3 and Figure 3). In total, there were 77 people that were either injured or killed

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City of Buellton
LRSP
8 during these 56 collisions. Table 4 and Figure 4 show that 1 person was killed, 1 had severe injuries, 4 were suspected of having serious injuries, and 10 had other visible injuries. The remaining 67 had either suspected minor injuries, possible injuries, or complaints of pain.

See Table 8 or Appendix A for the abbreviation descriptions.

Table 1: Primary Collision Factors of Crashes from 2018 to 2023 Primary Collision Factors Totals
DRVR ALC | DRG 19
IMPROP PASS 6
IMPROP TURN 31
LANE CHANGE 11
NOT DRIVER 4
NOT STATED 3
OTHER HAZ 1
OTHER IMPROP DRV 1
PED VIOL 2
R-O-W AUTO 34
R-O-W PED 2
STOP SGN|SIG 9
STRTNG|BCKNG 18
TOO CLOSE 5
UNKNOWN 5
UNSAFE SPEED 32
WRONG SIDE 2
Grand Total 185

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City of Buellton
LRSP
9 Figure 1: Primary Collision Factors (2018 – 2023) Chart 10%
3%
17%
6%
2%
2%
1%
1% 1%
18%
1%
5%
10%
3%
3%
17%
1%
PRIMARY COLLISION FACTORS OF CRASHES (2018 - 2023)
DRVR ALC | DRG

IMPROP PASS

IMPROP TURN

LANE CHANGE

NOT DRIVER

NOT STATED

OTHER HAZ

OTHER IMPROP DRV

PED VIOL

R-O-W AUTO

R-O-W PED
STOP SGN|SIG
STRTNG|BCKNG

TOO CLOSE

UNKNOWN

UNSAFE SPEED

WRONG SIDE

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City of Buellton
LRSP
10 Table 2: Collision Types of Crashes from 2018 to 2023 Collision Types Totals
AUTO/PED 3
BROADSIDE 50
HEAD-ON 12
HIT OBJECT 18
OTHER 5
REAR END 50
SIDESWIPE 45
NOT STATED 2
Grand Total 185
Figure 2: Types of Crashes (2018 – 2023) Chart
2%
27%
6%
10%
3%
27%
24%
1%
TYPES OF CRASHES (2018 - 2023)

AUTO/PED

BROADSIDE

HEAD-ON

HIT OBJECT
OTHER

REAR END

SIDESWIPE

NOT STATED

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City of Buellton
LRSP
11 Table 3: Severity of Crashes from 2018 to 2023
Severity Totals
FATAL 1
INJURY 55
PDO 129
Grand Total 185
Figure 3: Severity of Crashes (2018 – 2023) Chart
0%
30%
70%
SEVERITY OF CRASHES (2018 - 2023)
FATAL
INJURY
PDO

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City of Buellton
LRSP
12 Table 4: Extent of Injuries of Crashes from 2018 to 2023 Ext of Injury Totals
KILLED 1
SEVERE 1
OTH VIS 10
COMP PN 8
SERIOUS 4
MINOR 33
POSSIBLE 20
Grand Total 77
Figure 4: Extent of Injuries (2018 – 2023) Chart
1% 1%
13%
11%
5%
43%
26%
EXTENT OF INJURIES FROM CRASHES (2018 - 2023)
KILLED
SEVERE

OTH VIS

COMP PN

SERIOUS
MINOR

POSSIBLE

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City of Buellton
LRSP
13 Table 5: Number of Fatalities and Injuries per Year
Year Sum of # Killed Sum of # Injured
2018 0 11
2019 1 12
2020 0 5
2021 0 16
2022 0 14
2023 0 18
Grand Total 1 76
Figure 5: Fatalities and Injuries per Year (2018 – 2023) Chart 0 2
4 6
8 10
12 14
16 18
20 2018 2019 2020 2021 2022 2023
Fatalities and Injuries from Crashes (2018 - 2023)
Sum of # Killed
Sum of # Injured

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City of Buellton
LRSP
14 Table 6: What Motor Vehicles Collided With During Crashes from 2018 - 2023 Motor Vehicle Involved With Totals
ANIMAL 2
BICYCLE 4
FIXED OBJ 17
MV ON OTHER ROAD 3
NON-CLSN 1
OTHER MV 119
OTHER OBJ 1
PED 5
PKD MV 33
Grand Total 185
Figure 6: Motor Vehicles Collided With (2018 – 2023) Chart 1% 2%
9%
2%
0%
64%
1%
3%
18%
WHAT VEHICLES COLLIDED WITH (2018 -2023)
ANIMAL

BICYCLE

FIXED OBJ

MV ON OTHER ROAD

NON-CLSN

OTHER MV

OTHER OBJ
PED
PKD MV

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City of Buellton
LRSP
15 Table 7: Number of Crashes Per Street Per Year from 2018 – 2023 Primary Street 2018 2019 2020 2021 2022 2023 Grand Total 2ND ST 5 3 1 3 1 2 15
AVENUE OF FLAGS 3 4 5 6 1 1 20
BALLARD CANYON 1 1 2
BEAR CREEK DR 1 1
BLUE BLOSSOM WY 1 1
CALOR DR 1 1
CENTRAL AVE 2 3 2 2 2 11
DAMASSA RD 1 1
FARMLAND DR 1 1
FREEAR DR 1 1
INDUSTRIAL WY 1 1 1 2 5
IRELAN DR 1 1
JONATA PARK RD 1 1
KENDALE RD 1 1
LA LATA DR 1 1
MALLORY WY 1 1
MCMURRAY RD 3 1 3 3 10
RIVERVIEW DR 1 2 3
RT 101 1 3 2 3 9
RT 246 15 19 12 14 21 14 95
SIX FLAGS CIRC 1 1
SYCAMORE DR 1 1
THUMBELINA DR 1 1
VALLEY VINEYARD 1 1
Grand Total 29 41 22 35 28 30 185

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City of Buellton
LRSP
16 Table 8: Abbreviations
DRVR ALC | DRG - Driving or Bicycling Under
Influence of Alcohol or Drug
IMPROP PASS – Improper Passing
IMPROP TURN – Improper Turning
NOT DRIVER – Other Than Driver
OTHER HAZ – Other Hazardous Violation
OTHER IMPROP DRV – Other Improper Driving
PED VIOL – Pedestrian Violation
R-O-W AUTO – Automobile Right-Of-Way
R-O-W PED – Pedestrian Right-Of-Way
STOP SGN | SIG – Traffic Signals and Signs
STRTNG | BCKNG – Unsafe Starting or Backing
FIXED OBJ – Fixed Object
MV ON OTHER ROAD – Motor Vehicle on Other
Roadway
NON-CLSN – Non-Crash
OTHER MV – Other Motor Vehicle
PED – Pedestrian
PKD MV – Parked Motor Vehicle
AUTO/PED – Automobile and Pedestrian
PDO – Property Damage Only
COMP PN – Complaint of Pain
OTH VIS – Other Visible Injury

EMPHASIS AREAS
Emphasis Area 1: Highway 246
According to the collision data from the last 6 years, a majority of the collisions within Buellton occurred on or near Highway 246. Approximately 65% of all crashes between 2018 and 2023 involved this highway.

Additionally, about 68% of the survey responses from the LRSP ATP Survey mentioned having concerns regarding the safety of Highway 246 and intersections that include Highway 246.

The number and severity of traffic incidents on this road most likely has to do with the higher speed limits when entering and exiting city limits, the configuration of the road, and the congestion during peak-hours of travel.

Emphasis Area 2: Crashes Due to Unsafe Speeds
One of the main concerns and complaints from survey responses is the speeding that occurs in the City. Unsafe speeds was also the second highest primary factor of crashes.

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City of Buellton
LRSP
17 Emphasis Area 3: Crashes Due to Automobile Right-of-Way Errors Automobile right-of-way (R-O-W) violations was the leading primary cause of collisions for the last 6 years. 47% of these Automobile R-O-W crashes resulted in injuries. Reducing the number of these type of crashes will also help in the goal of reducing the number of crashes that result in injuries.

Strategies and Countermeasures
Future Projects
There is a future project that is in the process of being planned and developed to reduce the width of Highway 246 on the West end of the City. The goal for this type of project is to introduce traffic calming measures and to encourage a reduction in vehicle speeds within City Limits.

Education and Public Outreach
Offering education programs and workshops to the community would be beneficial for reducing collisions. An example of a beneficial course or workshop would be one focused on perceptions of speeds and distances when driving. This would help drivers decide when it is safe to make turns when entering traffic on Highway 246 or making turns from the center lane. Drivers making safer decisions when turning on or off the highway has the potential to reduce the number of crashes that are caused by automobile right-of-way violations.

Re-evaluation of Roadways and Policies
Policies about driveways on highways and regarding conditions and geometry for driveways on highways should be reviewed. Since many of the traffic violations documented have to do with the failure to properly yield when entering or crossing highway traffic, it would be beneficial to reevaluate the related policies.

Some of the roadway configurations should also be re-evaluated. A variety of turn lanes throughout the City were cause for concern according to survey responses. Making improvements to these can help with reducing crashes caused by improper turns and automobile R-O-Ws.

Re-evaluation of the roadways would also be helpful in deciding which areas would benefit from traffic calming devices in order to reduce speeding.

EVALUATION AND IMPLEMENTATION
Evaluation
This plan should be reviewed and revised every 5 years. This will allow time for any changes to be made and time for the motorists to get accustomed to said changes. This time frame is also preferred for data collection (such as the crash history data). It will give a better understanding of data trends since it allows for any random fluctuations in the data to be normalized.

The goals and strategies within the LRSP should be evaluated regularly. This is to ensure that the improvements are on tract and to see if any immediate modifications to the plan are necessary.

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City of Buellton
LRSP
18 The measures that can be used to evaluate the progress of goals and success of strategies include:
 Total number of collisions resulting in injuries or fatalities within the City  Total number of collisions relating to the emphasis areas  Number of collisions after countermeasures are implemented  The community’s responses to future surveys regarding local roadway safety Implementation
Further discussion and collaboration with safety partners is necessary for the implementation of the strategies and countermeasures within the LRSP.

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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: Rose Hess, Public Works Director/City Engineer
Meeting Date: December 12, 2024
Subject: Acceptance of the SYVCO CDBG - 140 W. Highway 246 TI Projects
______________________________________________________________________________

BACKGROUND
The City Council previously awarded construction contracts to 5 different prime contractors for the SYVCO CDBG - 140 W. Highway 246 TI Projects. The various contracts were:
*01/25/24: -Demountable Partitions – Santa Barbara Office Interiors ($95,561.13) -TBar Ceilings – Santa Maria Acoustical ($9,150.90)
-Electrical – ASM Electric ($21,780)
*03/14/24: -Heating/HVAC – All Star Heating ($13,700)
*10/10/24: -Flooring – Miller’s (Jeff’s) Hardwood ($20,380) The work included the installation of partition walls creating offices, new ceilings, electrical improvements, heating/HVAC improvements and new flooring as tenant improvements for the Santa Ynez Valley Community Outreach. The final work was completed on November 26, 2024. The final contract amounts were:

Original Contract
(including
Contingencies)
Change Order Final Amount
Demountable
Partitions $95,561.13 $6,308.40 $93,184.88
TBar Ceilings $9,150.90 $0 $8,319.00
Electrical $21,780.00 $2,729.46+$1,590.61=
$4,320.07 $24,120.07
Heating/HVAC $13,700.00 $0 $8,700.00
Flooring $20,2380.00 $0 $13,380.00
TOTAL: $160,575.03 $147,703.95

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NOC CDBG Page 2 December 12, 2024
The only contract that exceeded the contract plus contingency amount was the electrical contract. Change orders included requests by the City to repair other damaged items and gaps for electrical and outlet needs that were not previously determined during the bidding process. The overall costs were still within the CDBG grant budget and will be fully reimbursed.

FISCAL IMPACT
The final construction cost of the project, including change orders, was $147,703.95.

Funding for the construction of the project was allocated from General Fund and will be reimbursed through the Santa Barbara County Community Development Block Grant (CDBG) Fund and appropriated in the CIP Budget as Project No. 092-223.

RECOMMENDATION
That the City Council accept the SYVCO CDBG - 140 W. Highway 246 TI Projects and instruct the City Engineer to file the attached Notice of Completion.

ATTACHMENTS
Attachment 1 - Notice of Completion

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NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is the owner or corporate officer of the interest or estate hereinafter described:

2. The full name of the owner is: City of Buellton

3. The full address of the owner is: 107 West Highway 246 P.O. Box 1819
Buellton, California 93427

4. The nature of the interest or estate of the owner is “in fee.”

5. All work of improvements on the project hereinafter was substantially completed on November 26, 2024. The work included the installation of demountable partitions, t-bar ceilings, electrical work, heating/HVAC and new flooring. All improvements were within the City of Buellton’s city limits.

6. The name of the contractors for such work of improvement were Santa Barbara Office Interiors, Santa Maria Acoustical, All Star Heating, and Miller’s (Jeff’s) Hardwood Flooring.

7. The property on which said work of improvement was completed is in 140 W. Highway 246, in the City of Buellton, County of Santa Barbara, State of California.

Dated: _________________________________
Linda Reid, City Clerk

VERIFICATION
I, the undersigned, declare that I am the City Engineer of the declarant of the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on December 12, 2024, at Buellton, California. __________________________________________
Rose M. Hess, Public Works Director/City Engineer

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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: Rose Hess, Public Works Director
Meeting Date: December 12, 2024
Subject: Rejection of Bid for the Library/Field Parking Lot Project

BACKGROUND
At the end of September 2024, the City published a Notice to Contractors inviting sealed bids for the Library/Field Parking Lot Project. On October 29, 2024, two bids for the project was received from RCH Construction and JF Will Co. Staff does not believe that this one bid is competitive and it exceeds the Engineer’s Estimate. Following the bid opening, staff received bid protests from JF Will Co. In addition, during review of the bids and contractor’s license, additional questions were raised. Resolutions to these questions and issues were not resolved, so staff is recommending that both bids be rejected at this time and the project be re-bid in early 2025.

FISCAL IMPACT
The Library/Field Parking Lot Project is budgeted in the Capital Improvement Project List. (092-220). Funding is appropriated in the 2023/24 Biennial budget for construction and project management/inspections through General Fund, Gas Tax, and Measure A. The act of rejecting the bids will have minimal impact to the budget.

RECOMMENDATION
That the Council reject the bids received and authorize staff to re-notice the Project in early 2025.

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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: Rose Hess, Public Works Director
Meeting Date: December 12, 2024
Subject: Approval of the Member Agency Contribution and Reimbursement Agreement
______________________________________________________________________________

BACKGROUND
The Santa Ynez GSA received a grant from the California Department of Water Resources to begin implementation of its Groundwater Sustainability Plan (GSP). This grant award is provided to the GSA via reimbursement. In order to fund the GSA’s work, each of the management areas must contribute a share as there is currently no other funding mechanism for the GSA’s operations. On May 20, 2024, the Central Management Area (CMA) of the Santa Ynez Valley Groundwater Sustainability Agency (GSA) approved the Member Agency Contribution and Reimbursement Agreement. The Agreement was reviewed by the committee of legal counsel for all the GSA’s member agencies. The Contribution and Reimbursement Agreement terms are specific to each management area. For the CMA, the contribution share is 50-50 between the City of Buellton and the Santa Ynez River Water Conservation District.

The Santa Ynez River Water Conservation District will be approving this agreement at its December 11, 2024 meeting.

FISCAL IMPACT
Approval of the contribution and reimbursement agreement in itself has no direct fiscal impact as the expenditures for the City’s participation in the CMA GSA are estimated and the estimated contribution is already included as part of the fiscal year budgets approved by Council.

RECOMMENDATION
Staff recommends that the City Council approve the Member Agency Contribution and Reimbursement Agreement and authorize the Mayor to sign the Agreement on behalf of the City.

ATTACHMENTS
Attachment 1 –Member Agency Contribution and Reimbursement Agreement

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DRAFT

SANTA YNEZ RIVER VALLEY BASIN CENTRAL MANAGEMENT AREA

GROUNDWATER SUSTAINABILITY AGENCY MEMBER

VOLUNTARY CONTRIBUTION AND REIMBURSEMENT AGREEMENT
This Member Voluntary Contribution and Reimbursement Agreement ("Agreement") is entered into on ______ __, 2024, by and among the Santa Ynez River Valley Basin Central Management Area Groundwater Sustainability Agency (“GSA”) and the following member entities of the GSA (“Members”), each a “Party” and collectively referred to as the "Parties":

1. Santa Ynez River Water Conservation District; and

2. City of Buellton.

RECITALS:

WHEREAS, the Parties collectively have a shared interest in the GSA having sufficient funding to carry out its functions, including certain Project components described in the SGMA Grant Agreement attached as Exhibit A to this Agreement, which are in furtherance of the GSA’s GSP and will help with compliance with the requirements of the Sustainable Groundwater Management Act in the Groundwater Basin; and
WHEREAS, the GSA is in need of voluntary contributions (subject to reimbursement) from Members in order that the GSA can pay for its costs and expenses, including, but not limited to, administrative and management costs and the costs of carrying out and completing components of said Grant Agreement, (collectively the “Costs”), which Grant Costs are anticipated to be reimbursed to the GSA, in whole or part, from grant funds paid to the Grantee by State of California pursuant to the Grant Agreement after completion of the various Project components in accordance with the Grant Agreement; and
WHEREAS, GSA Costs not reimbursed by grant funds are anticipated to be reimbursed, in whole or part, from other sources of future revenue available to the GSA, including, but not necessarily limited to, revenue generated from a future SGMA fee or charge imposed on lands and/or groundwater extractions within the GSA; and
WHEREAS, the Members are parties to the GSA’s Joint Exercise of Powers Agreement (“JPA”), dated November 28, 2023; and
WHEREAS, regarding GSA Funding and Contributions, Section 14.2(c) of the JPA states, in pertinent part, that “The Board of Directors … may accept Voluntary Contributions from Members … that are to be reimbursed by the GSA. The Board of Directors will execute a contract with any party making a Voluntary Contribution and such contract will contain the terms under which the CMA GSA accepts the Voluntary Contribution.”; and
WHEREAS, the GSA is currently in need of voluntary contributions (subject to reimbursement) from the Members in order to fund said Costs, and it is in the best interests of the

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Page 2 of 4 ends

Parties that the GSA seek voluntary contributions from the Members for such Costs in lieu of obtaining a third party loan or some other funding source.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree to the making, acceptance, and repayment of Voluntary Contributions on the following terms:

AGREEMENT TERMS:

1. Member Contributions: Each of the Members agree to collectively provide contributions to the GSA to fund the GSA’s Costs, with each of the Members contributing 50% of the total Cost. The Members shall have no obligation to contribute more than their proportionate share of the Costs, absent a prior written amendment to this Agreement to that effect.

2. Payment to the GSA: The GSA shall invoice the Members as needed for their respective proportionate share of Costs. Upon receiving an invoice, the Members agree to provide payment within 45 days.

3. Accounting: The GSA shall maintain accurate accounting records and other documentation pertaining to all invoices and payments pursuant the JPA, this Agreement and the Grant Agreement, as applicable. Supporting documentation will be provided with invoices for Member’s review.

4. Member Reimbursement. No later than 45 days after the GSA’s receipt of Grant Agreement or other reimbursement funds for eligible Costs advanced by Members, or as such other time as determined by unanimous consent of the voting members of the GSA’s Board of Directors, the GSA shall reimburse the Members for their proportionate share of contributions made to fund GSA Costs including costs for applicable Grant Agreement Project Components. In the event funds reimbursed to the GSA pursuant to the Grant Agreement are insufficient to fully repay the Members for their contributions made pursuant to this Agreement, then the Members shall be entitled to reimbursement for their proportionate share of non-reimbursed contributions from other contributions, funding, or other revenues received by the GSA.

5. Amendments: This Agreement may only be amended in writing and mutually agreed to by all Parties hereto.

6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8. Execution in Parts or Counterparts: This Agreement shall be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the parties hereto. Electronic signatures shall be binding. \

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EXECUTION:

IN WITNESS WHEREOF, the Parties hereto have executed this Cost Sharing Agreement as of the date written above:
[Signatures follow on next page]
Date: ___________ ____________________________
On behalf of the GSA
Date: ___________ ____________________________
On behalf of City of Buellton
Date: ___________ ____________________________
On behalf of Santa Ynez River
Water Conservation District

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EXHIBIT A
[GRANT AGREEMENT]

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CITY OF BUELLTON
City Council Agenda Staff Report

City Manager Review: SW
Council Agenda Item No.: 13

To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: December 12, 2024
Subject: Disposition of City Council Seat Vacancy
______________________________________________________________________________

BACKGROUND
Based upon the certified results of the November 5, 2024 election, District 4 Councilmember has been elected Mayor for the 2024-2026 term. This results in a midterm vacancy of the District 4 City Council seat.

California Government Code Section 36512(b) specifies the methods by which a vacancy in an elected position may be filled and requires that the Council act to determine how it will fill the position. The first method to fill the vacancy is to appoint a new Councilmember within 60 days of the vacancy, while the second is to fill the vacancy by special election. The City Council holds complete discretion on whether to hold a special election or to appoint a new Councilmember.

If a special election is chosen, it must take place at least 114 days after the City Council’s call for such an election. Realistically, given the various notices, filings, and administrative processes associated with conducting an election, the City Clerk estimates that the election would likely be held in late spring or early summer. The County’s Election Division has indicated that they would be able to conduct a mail-in-ballot-only election for District 4 for an estimated cost of $30,000 - $35,000.

Should the City Council decide to fill the vacant seat by appointment, it may appoint a replacement Councilmember at the January 9, 2025 City Council meeting, or at another meeting (regular or special) held before February 10, 2025. There is no established process for the selection of an appointee. The City Council may suggest appointees at an upcoming meeting, and select one of them, or it may request applications from interested persons, and upon receipt of applications and – if desired – interviews of promising applicants, the Council would make a decision. In the past, the Council has held interviews after a 30 day application period. However, there is no obligation to continue this practice, and the Council may wish to consider that an abbreviated application period would potentially

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City Council Vacancy Page 2 December 12, 2024
allow for an appointment on the January 9 meeting date, which would allow for a newly appointed Councilmember to attend the League of California Cities’ 2025 New Mayor and Councilmember Academy, which provides valuable training for brand-new Councilmembers. This is only offered in January each year.

Appointment of a City Councilmember would bring the City Council back its full membership of five. This would eliminate the potential of a “2-2” vote situation, leaving the Council unable to make an affirmative decision on a proposal. Should the Council decide to leave the vacancy until the election, staff would endeavor to identify and hold off scheduling potentially controversial matters until after the election. Of course, if an item does come to a 2-2 vote the Council can simply direct staff to table the item and bring it back after the vacant Council seat is filled.

In summary, the City Council has three options at this time:

1. Leave the vacancy and direct staff to call a special election.

2. Fill the seat by immediate appointment on January 9, 2025.

3. Direct staff to accept applications for a set period of time, and identify a date at which time the City Council will meet to consider the applications and make an appointment.

FISCAL IMPACT
A fiscal impact of $30,000 – $35,000 would be associated with this item should the City Council choose to call a special election. Filling the vacancy by appointment would result in no significant fiscal impact.

RECOMMENDATION
Staff recommends that the City Council receive the report, discuss the matter, and take action based on one of the three options listed above, namely:

1. Direct staff to call a special election; or

2. Direct staff to place an item on the agenda of the January 9, 2025 meeting to appoint an individual to fill the vacant seat; or

3. Direct staff to accept applications for a set period of time, and identify a date at which time the City Council will meet to consider the applications and make an appointment.

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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 14
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: December 12, 2024
Subject: Discussion of Planning Commission Appointment Timeline and Process

BACKGROUND
The City Council has made various changes earlier this year to the Planning Commission; specifically clarifying the scope of its purview, as well as setting forth new procedures for the appointment of, and new length of terms for, Commissioners. Given the recent City Council election, and the need to appoint Planning Commissioners whose terms have expired, staff brings this item to the City Council for consideration and discussion. The goal of this item is remind the City Council of the newly established process for Planning Commissioner appointment and seek City Council direction to place the appointment of Planning Commissioners on the agenda of the January 9, 2025 meeting or another meeting of the City Council’s choosing.

As part of the changes to the Planning Commission, terms for Planning Commissioners have been shortened from four years to two years. The City Council did, however, choose to allow unexpired Planning Commission terms to be served. Planning Commissioners Reese and Sarquilla are currently serving terms that end in 2026. Per the ordinance adopting the changes to the Planning Commission terms, these two Commissioners will be deemed the appointments of the Councilmembers from District 2 (Lewis) and District 3 (Sanchez), respectively. This leaves appointments necessary for Mayor Silva and for Councilmembers for Districts 1 (Hornick) and 4 (vacant).

The recently adopted approach to appointing Planning Commissioners allows each Councilmember to appoint a Planning Commissioner, with each appointment subject to ratification of the entire City Council. Planning Commissioners need not reside within the District of the appointing Councilmember. The City Clerk has announced vacancies on the Commission to be filled, and has collected applications during the advertised application period. Each City Councilmember will be sent copies of the applications before this meeting from which appointments are to be selected.

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Planning Commission Appointment Page 2 December 12, 2024 With City Council direction, staff will return with an item on the agenda of the January 9, 2025 meeting for the appointment of Planning Commissioners to the vacant seats. Staff is requesting further direction from the City Council with regard to the conduct of the appointment process. Past practice has been to have the City Council (as a body) interview applicants at a City Council meeting prior to selecting and appointing them. The City Council may wish to continue with this practice, however, the new process by which Planning Commissioners are appointed by individual Councilmembers (then ratified by the entire Council) may render this process moot, as individual Councilmembers may contact applicants in advance of the January 9 meeting to interview them and determine which applicant they would like to appoint. That would allow the three Councilmembers who will appoint Commissioners to nominate them at the meeting, at which time the Council would act to ratify the nominations, without the need for in-person interviews by the entire Council.

As the City Council is aware, there is a vacancy on the City Council that may be filled either by special election or by appointment of the Council. Should an appointment be made, that new Councilmember could appoint a Planning Commissioner from the list of applicants either at the meeting at which they are appointed, or at a subsequent meeting after an opportunity to give due consideration has been had.

As has been noted to the Council previously, the manner of appointment of a Planning Commissioner is a matter of policy and strictly within the purview of the City Council. The appointment of a Planning Commissioner by each City Councilmember is consistent with the City’s Municipal Code. Staff has complied with the State-imposed legal requirements regarding the noticing of the vacancies, and the acceptance of applications during the application period. Should the City Council desire to re-open the application period or otherwise deviate from the process timeline described above, it may do so, subject to compliance with State law and the Buellton Municipal Code.

FISCAL IMPACTS
There is no significant fiscal impact anticipated as a result of this item.

RECOMMENDATION
That the City Council consider the process described in the staff report, and direct staff to proceed in a manner deemed appropriate to the City Council.

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Buellton City CouncilDecember 12, 2024

Buellton City Council
December 12, 2024