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City Council

Regular Meeting

Buellton, CA · March 26, 2020

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Minutes

City Manager Review: SW Council Agenda Item No.: 2 CITY OF BUELLTON CITY COUNCIL MEETING MINUTES Regular Meeting of March 26, 2020 City Council Chambers, 140 West Highway 246 Buellton, California CALL TO ORDER Mayor Sierra called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present via Telephone: Council Members Ed Andrisek, Dave King, and John Sanchez, and Vice Mayor Art Mercado Present: Mayor Holly Sierra Staff: City Manager Scott Wolfe, City Attorney Greg Murphy (via telephone), Public Works Director Rose Hess, Finance Director Shannel Zamora (via telephone), Contract City Planner Irma Tucker, Planning Assistant Cara Meche (via telephone), Recreation Supervisor Kyle Abello (via telephone), Youth Recreation Coordinator Paul Smith (via telephone), and City Clerk Linda Reid REORDERING OF AGENDA City Manager Wolfe announced that Item No. 9 will be continued to a future date in order to allow the entire Council to be present to congratulate Lt. Eddie Hsueh on his retirement and thank him for his service to the City of Buellton. City Attorney Murphy explained the law and the process as to how the meeting would take place via telephone, due to the COVID-19 emergency and the social distancing mandate. PUBLIC COMMENTS None City Council Meeting Minutes Page 2 March 26, 2020 CONSENT CALENDAR 1. Minutes of March 12, 2020 Regular City Council Meeting 2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2019/20 3. Monthly Treasurer’s Report – February 29, 2020 4. Resolution No. 20-06 – “A Resolution of the City Council of the City of Buellton, California, Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of Transportation Development Act Funds for Fiscal Year 2020-21” 5. Receive and File the 2019 Annual Report on the Status of the General Plan 6. Acceptance of Bid and Award of Construction Contract for the 2019/20 Road Maintenance Project 7. Acceptance of Bids and Award of Construction Contracts for Phase 1 and Phase 2 of the Storm Drain Improvement Projects 8. Contract Extension with Moss, Levy & Hartzheim LLP for Auditing Services for Fiscal Years Ending June 30, 2020 and 2021 MOTION: Motion by Council Member King, seconded by Council Member Andrisek, approving Consent Calendar Items 1 through 8 as listed. VOTE: Motion passed by a roll call vote of 5-0. Council Member Andrisek – Yes Council Member King - Yes Council Member Sanchez - Yes Vice Mayor Mercado – Yes Mayor Sierra – Yes PRESENTATIONS 9. Recognition of Lieutenant Eddie Hsueh’s Service to the City of Buellton This item was continued to a City Council meeting in the future when the entire City Council can be present to congratulate Lt. Hsueh on his retirement and thank him for his service to the City of Buellton. City Council Meeting Minutes Page 3 March 26, 2020 PUBLIC HEARINGS 10. Ordinance No. 20-03 – “An Urgency Ordinance of the City Council of the City of Buellton, California, Considering Revisions to Title 19 (Zoning) of the Buellton Municipal Code (20-ZOA-01) Relating to Accessory Dwelling Units, Amending Sections: 19.04.142 and 19.06.180” RECOMMENDATION: That the City Council approve Urgency Ordinance No. 20-03. STAFF REPORT: Contract Planner Irma Tucker presented the staff report. SPEAKERS/DISCUSSION: The City Council discussed the following issues:  Areas of the City not excluded by the proposed ordinance will be able to add ADU’s to garages even if they have Codes, Covenants, and Restrictions (CC&R’s) that otherwise would prohibit second units DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Vice Mayor Mercado, seconded by Council Member King approving Ordinance No. 20-03 – “An Urgency Ordinance of the City Council of the City of Buellton, California, Considering Revisions to Title 19 (Zoning) of the Buellton Municipal Code (20-ZOA-01) Relating to Accessory Dwelling Units, Amending Sections: 19.04.142 and 19.06.180” by title only and waive further reading. VOTE: Motion passed by a roll call vote of 5-0. Council Member Andrisek – Yes Council Member King – Yes Council Member Sanchez – Yes Vice Mayor Mercado – Yes Mayor Sierra – Yes COUNCIL MEMBER COMMENTS/ITEMS Mayor Sierra thanked Buellton residents for helping each other through the current global pandemic. WRITTEN COMMUNICATIONS None City Council Meeting Minutes Page 4 March 26, 2020 COMMITTEE REPORTS Vice Mayor Mercado announced that he attended the Buellton Chamber of Commerce and Visitors Bureau board meeting and provided an oral report regarding the meeting. Mayor Sierra announced that she attended the Library Advisory Committee board meeting and provided an oral report regarding the meeting. Mayor Sierra announced that she attended a board meeting for Santa Barbara County Association of Governments (SBCAG) and provided an oral report regarding the meeting. BUSINESS ITEMS 11. Clarification of City Council Direction Regarding the Arts & Culture Committee Funding Request Rules and Procedures RECOMMENDATION: That the City Council discuss how to move forward with project funding for the Arts and Culture Committee. STAFF REPORT: Recreation Supervisor Abello presented the staff report. SPEAKERS/DISCUSSION: Marie Chavis, Buellton, submitted comments regarding this item, which were read into the record. Peggy Brierton and Judi Stauffer, Co-Chairs of the Arts and Culture Committee, submitted comments regarding this item, which were read into the record. The City Council discussed the following issues:  Whether additional funding should be allocated to the Arts and Culture Committee  Keeping the Arts and Culture approval process simple, rather than overly detailed  Look into obtaining grant funding to pay for future Arts and Culture Committee projects by forming a sub-committee to seek out and apply for grant funding  Welcoming all Arts and Culture applications that include social distancing at the time DOCUMENTS: Staff report with attachments as listed in the staff report. City Council Meeting Minutes Page 5 March 26, 2020 MOTION: Motion by Council Member Sanchez, seconded by Council Member King directing staff to proceed with a simple Arts and Culture approval process going forward, rather than a detailed process and that the Committee look into obtaining grant funding to fund future projects, with staff continuing to be involved in the Arts and Culture Committee meetings. VOTE: Motion passed by a roll call vote of 5-0. Council Member Andrisek – Yes Council Member King – Yes Council Member Sanchez– Yes Vice Mayor Mercado – Yes Mayor Sierra – Yes 12. Conceptual Approval of Bike Skills Course at River View Park RECOMMENDATION: That the City Council discuss the conceptual approval of a Bike Skills Course at River View Park and direct staff to return with a detailed cost estimate for the project and possible partnership with the Santa Ynez Valley Youth Recreation. STAFF REPORT: Recreation Supervisor Abello and Youth Recreation Coordinator Smith presented the staff report. SPEAKERS/DISCUSSION: The City Council discussed the following issues:  Whether the bike paths would cross each other and if this could become a liability for the City. Youth Recreation Coordinator Smith stated the area is large enough to see other bikers coming from the other direction  Cost to maintain the bike skills course and using stronger materials that don’t break down through the years  Making the bike skills course as safe as possible for bike riders and eliminate the figure eight bike path design DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Council Member King, seconded by Vice Mayor Mercado providing conceptual approval of a Bike Skills Course at River View Park and directing staff to return with a detailed cost estimate and course design for the project (without figure eight crossings) and partnership with the Santa Ynez Valley Youth Recreation. City Council Meeting Minutes Page 6 March 26, 2020 VOTE: Motion passed by a roll call vote of 5-0. Council Member Andrisek – Yes Council Member King – Yes Council Member Sanchez– Yes Vice Mayor Mercado – Yes Mayor Sierra – Yes 13. Appointment of Two Council Members to Serve on the Aquatics Ad Hoc Committee RECOMMENDATION: That the City Council appoint two members of the Council to serve on the Aquatics Ad Hoc Committee and participate in discussions regarding the future of the Santa Ynez Valley Community Aquatics Complex. STAFF REPORT: Recreation Supervisor Abello presented the staff report. DOCUMENTS: Staff report with attachments as listed in the staff report. CONCENSUS: The City Council agreed by consensus to appoint Vice Mayor Mercado and Council Member King to serve on the Aquatics Ad Hoc Committee regarding the future of the Santa Ynez Valley Community Aquatics Complex. VOTE: Motion passed by a roll call vote of 5-0. Council Member Andrisek – Yes Council Member King – Yes Council Member Sanchez– Yes Vice Mayor Mercado – Yes Mayor Sierra – Yes 14. Resolution No. 20-07 – A Resolution of the City Council of the City of Buellton, California, Recognizing the Importance of the 2020 Census and Encouraging Residents of the City of Buellton to Promote and Complete the Census to Ensure a Fair and Complete Count” RECOMMENDATION: That the City Council consider adoption of Resolution No. 20-07. STAFF REPORT: Planning Assistant Meche presented the staff report. City Council Meeting Minutes Page 7 March 26, 2020 SPEAKERS/DISCUSSION: Kenneth Maryanski, Partnership Specialist with the Los Angeles Regional Census Center submitted comments regarding this item, which were read into the record. DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Council Member King, seconded by Council Member Andrisek approving Resolution No. 20-07 – “A Resolution of the City Council of the City of Buellton, California, Recognizing the Importance of the 2020 Census and Encouraging Residents of the City of Buellton to Promote and Complete the Census to Ensure a Fair and Complete Count” VOTE: Motion passed by a roll call vote of 5-0. Council Member Andrisek – Yes Council Member King – Yes Council Member Sanchez – Yes Vice Mayor Mercado – Yes Mayor Sierra – Yes 15. Determination of Employee Cost of Living Adjustment (COLA) for Fiscal Year 2020-21 RECOMMENDATION: That the City Council consider approval of a COLA for all full-time regular City employees for Fiscal Year 2020-21 in the amount of 3.2 percent. STAFF REPORT: Finance Director Zamora presented the staff report. SPEAKERS/DISCUSSION: The City Council discussed the following issues:  Support for a 3.0 percent COLA  Deferring the COLA until the April 23 City Council meeting, due to the COVID- 19 global pandemic DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Mayor Sierra, seconded by Council Member Andrisek approving a 3.0 percent COLA for all full-time regular City employees for Fiscal Year 2020-21 and requesting that staff return with the a resolution solidifying the COLA approval. City Council Meeting Minutes Page 8 March 26, 2020 VOTE: Motion passed by a roll call vote of 3-2, with Council Member King and Vice Mayor Mercado voting no. Council Member Andrisek – Yes Council Member King – No Council Member Sanchez – Yes Vice Mayor Mercado – No Mayor Sierra – Yes MOTION: Motion by Council Member King, seconded by Vice Mayor Mercado requesting that the COLA for all full-time regular City employees for Fiscal Year 2020-21 be brought back at the April 23rd Council meeting. This motion was not voted on due to the fact that the prior motion passed by a 3-2 roll call vote. 16. Presentation and Discussion of Administrative Steps Taken in Response to COVID- 19 and County Declaration of Local Health Emergency City Manager Wolfe discussed the administrative actions regarding the City’s response to COVID-19 and the County Declaration of Local Health Emergency. The City Council discussed the following issues:  Deferring water shutoffs and waiving penalties and interest  Thanking City Manager Wolfe for providing comprehensive and prompt reports to the City Council regarding the COVID-19 global pandemic and its effects on Buellton’s residents and businesses 17. Resolution No. 20-08 – “A Resolution of the City Council of the City of Buellton, California, Authorizing the Deferral of Payments of Transient Occupancy Tax and the Waiving of Penalties and Interest in Certain Instances” RECOMMENDATION: That the City Council consider adoption of Resolution No. 20-08. STAFF REPORT: City Manager Wolfe presented the staff report. SPEAKERS/DISCUSSION: Kathy Vreeland, Executive Director of the Buellton Chamber of Commerce and Visitors Bureau, submitted a letter regarding this item, which was read into the record. Daryl Nielsen Jr., General Manager of Pea Soup Andersen’s Inn, submitted comments regarding this item, which were read into the record. The City Council discussed their support for Resolution No. 20-08 and the effort to help Buellton’s businesses. City Council Meeting Minutes Page 9 March 26, 2020 DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Council Member Sanchez, seconded by Council Member Andrisek approving Resolution No. 20-08 – “A Resolution of the City Council of the City of Buellton, California, Authorizing the Deferral of Payments of Transient Occupancy Tax and the Waiving of Penalties and Interest in Certain Instances” VOTE: Motion passed by a roll call vote of 5-0. Council Member Andrisek – Yes Council Member King – Yes Council Member Sanchez – Yes Vice Mayor Mercado – Yes Mayor Sierra – Yes CITY MANAGER’S REPORT City Manager Wolfe provided an informational report to the City Council. City Manager Wolfe and City Attorney Murphy detailed a potential urgency ordinance to suspend evictions during the COVID-19 global pandemic. The City Council agreed by consensus to agendize an urgency ordinance to suspend evictions during the COVID-19 global pandemic via a special meeting during the week of March 30, 2020. CLOSED SESSION ITEMS 18. Closed Session Pursuant to Government Code Section 54956.8Conference with Real Property Negotiator Property: 264 La Lata Drive, Buellton, CA (APN: 099-450-012) Agency Negotiator: Scott Wolfe, City Manager Negotiating Party: ECCUMENICAL III, LLC, Property Owner Under Negotiation: Price and Terms of Payment 19. Closed Session Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property: 202 Dairyland Road, Buellton, CA (APN: 099-66-032, -033, -034, -035; and 099-67-005) Agency Negotiator: Scott Wolfe, City Manager Negotiating Party: Greg Willemsen, Successor Trustee for Willemsen Living Trust, Property Owner Under Negotiation: Price and Terms of Payment City Council Meeting Minutes Page 10 March 26, 2020 20. Closed Session Pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation The City Council met in closed session to discuss Items 18, 19, and 20. No reportable action was taken. ADJOURNMENT Mayor Sierra adjourned the regular meeting at 8:53 p.m. The next regular meeting of the City Council will be held on Thursday, April 9, 2020 at 6:00 p.m. _________________________________ Holly Sierra Mayor ATTEST: __________________________________ Linda Reid City Clerk

Agenda

CITY OF BUELLTON CITY COUNCIL AGENDA Regular Meeting of March 26, 2020 – 6:00 p.m. City Council Chambers, 140 West Highway 246 Buellton, California Copies of staff reports or other written documentation relating to each item of business referred to on this Agenda are on file in the office of the City Clerk and are available for public inspection CORONAVIRUS (COVID-19) ADVISORY NOTICE Consistent with Executive Orders No.-25-20 and No. N-29-20 from the Executive Department of the State of California and a Declaration of Local Health Emergency from the County of Santa Barbara, City Council meetings will not be physically open to the public and one or more (or even all) City Council Members may be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting through the City’s website, via City TV Live Stream at: http://www.cityofbuellton.com/government/cityTV.php and may provide public comment by sending comments to the City Clerk via email at lindar@cityofbuellton.com (reference subject matter or agenda item in the subject line of email). Please include name and address in contents of message. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations can contact the City Clerk at (805) 688-5177 and best efforts will be made to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City of Buellton’s procedure for resolving reasonable accommodation requests. CALL TO ORDER Mayor Holly Sierra PLEDGE OF ALLEGIANCE ROLL CALL Council Members Ed Andrisek, Dave King, John Sanchez, Vice Mayor Art Mercado, and Mayor Holly Sierra REORDERING OF AGENDA City Council Meeting Agenda Page 2 March 26, 2020 PUBLIC COMMENTS Speaker Slip to be completed and turned in to the City Clerk prior to commencement of meeting. Any person may address the Council on any subject pertaining to City business, including all items on the agenda not listed as a Public Hearing, including the Consent Agenda and Closed Session. Limited to three (3) minutes per speaker. By law, no action may be taken at this meeting on matters raised during Public Comments not included on this agenda. Public Speakers using a translator are allotted a total of six (6) minutes to speak, unless simultaneous translation equipment is used. CONSENT CALENDAR (ACTION) The following items are considered routine and non-controversial and are scheduled for consideration as a group. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Members of the Public may speak on Consent Agenda items during the Public Comment period. 1. Minutes of March 12, 2020 Regular City Council Meeting 2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2019/20 3. Monthly Treasurer’s Report – February 29, 2020 (Staff Contact: Finance Director Shannel Zamora) 4. Resolution No. 20-06 – “A Resolution of the City Council of the City of Buellton, California, Authorizing the Filing of a Claim with the Santa Barbara County Association of Governments for Allocation of Transportation Development Act Funds for Fiscal Year 2020-21”  (Staff Contact: Finance Director Shannel Zamora) 5. Receive and File the 2019 Annual Report on the Status of the General Plan  (Staff Contact: Assistant Planner Cara Meche) 6. Acceptance of Bid and Award of Construction Contract for the 2019/20 Road Maintenance Project  (Staff Contact: Public Works Director Rose Hess) 7. Acceptance of Bids and Award of Construction Contracts for Phase 1 and Phase 2 of the Storm Drain Improvement Projects  (Staff Contact: Public Works Director Rose Hess) 8. Contract Extension with Moss, Levy & Hartzheim LLP for Auditing Services for Fiscal Years Ending June 30, 2020 and 2021  (Staff Contact: Finance Director Shannel Zamora) PRESENTATIONS 9. Recognition of Lieutenant Eddie Hsueh’s Service to the City of Buellton City Council Meeting Agenda Page 3 March 26, 2020 PUBLIC HEARINGS (POSSIBLE ACTION) 10. Ordinance No. 20-03 – “An Urgency Ordinance of the City Council of the City of Buellton, California, Considering Revisions to Title 19 (Zoning) of the Buellton Municipal Code (20-ZOA-01) Relating to Accessory Dwelling Units, Amending Sections: 19.04.142 and 19.06.180”  (Staff Contact: Contract City Planner Irma Tucker) COUNCIL MEMBER COMMENTS/ITEMS WRITTEN COMMUNICATIONS Written communications are included in the agenda packets. Any Council Member, the City Manager, or City Attorney may request that a written communication be read into the record. COMMITTEE REPORTS This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto. BUSINESS ITEMS (POSSIBLE ACTION) 11. Clarification of City Council Direction Regarding the Arts & Culture Committee Funding Request Rules and Procedures  (Staff Contact: Recreation Supervisor Kyle Abello) 12. Conceptual Approval of Bike Skills Course at River View Park (Staff Contact: Recreation Supervisor Kyle Abello) 13. Appointment of Two Council Members to Serve on the Aquatics Ad Hoc Committee  (Staff Contact: Recreation Supervisor Kyle Abello) 14. Resolution No. 20-07 – A Resolution of the City Council of the City of Buellton, California, Recognizing the Importance of the 2020 Census and Encouraging Residents of the City of Buellton to Promote and Complete the Census to Ensure a Fair and Complete Count” (Staff Contact: Assistant Planner Cara Meche) 15. Determination of Employee Cost of Living Adjustment (COLA) for Fiscal Year 2020-21  (Staff Contact: Finance Director Shannel Zamora) 16. Presentation and Discussion of Administrative Steps Taken in Response to COVID- 19 and County Declaration of Local Health Emergency  (Staff Contact: City Manager Scott Wolfe) 17. Resolution No. 20-08 – “A Resolution of the City Council of the City of Buellton, California, Authorizing the Deferral of Payments of Transient Occupancy Tax and the Waiving of Penalties and Interest in Certain Instances”  (Staff Contact: City Manager Scott Wolfe) City Council Meeting Agenda Page 4 March 26, 2020 CITY MANAGER’S REPORT CLOSED SESSION ITEMS (POSSIBLE ACTION) 18. Closed Session Pursuant to Government Code Section 54956.8Conference with Real Property Negotiator Property: 264 La Lata Drive, Buellton, CA (APN: 099-450-012) Agency Negotiator: Scott Wolfe, City Manager Negotiating Party: ECCUMENICAL III, LLC, Property Owner Under Negotiation: Price and Terms of Payment 19. Closed Session Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property: 202 Dairyland Road, Buellton, CA (APN: 099-66-032, -033, -034, -035; and 099-67-005) Agency Negotiator: Scott Wolfe, City Manager Negotiating Party: Greg Willemsen, Successor Trustee for Willemsen Living Trust, Property Owner Under Negotiation: Price and Terms of Payment 20. Closed Session Pursuant to Government Code Section 54956.9(d)(4) Potential Initiation of Litigation ADJOURNMENT The next regular meeting of the City Council will be held on Thursday, April 9, 2020 at 6:00 p.m.

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