City Council

City Manager Review: SW Council Agenda Item No.: 1 CITY OF BUELLTON CITY COUNCIL MEETING MINUTES Regular Meeting of December 14, 2023 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, David Silva, Vice Mayor John Sanchez, and Mayor Dave King Staff: City Manager Scott Wolfe, City Attorney Greg Murphy, Public Works Director Rose Hess, Finance Director Shannel Zamora (Via Zoom), Planning Director Andrea Keefer, and City Clerk Linda Reid REORDERING OF AGENDA None PUBLIC COMMENTS John Dorwin, Buellton, discussed the California Endangered Species Act (CESA) and its impact along Zaca Creek during flooding events and requested staff look into this issue and determine compliance mitigation. Nancy Dorwin, Buellton, discussed the Rancho de Maria Homeowners Association’s (HOA) objection to recording of documents along the HOA’s easement and provided a handout for the record. CONSENT CALENDAR 1. Minutes of November 9, 2023 Regular City Council Meeting 2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2023/2024 City Council Meeting Minutes Page 2 December 14, 2023 3. Year 2024 Proposed Calendar of City Council Meetings 4. Monthly Treasurer’s Report – October 31, 2023 5. Consideration of MOU for CDBG Implementation with Santa Ynez Valley Community Outreach 6. Resolution No. 23-22 - “A Resolution of the City Council of the City of Buellton, California, Authorizing Submittal of Individual Grant Applications for All Grant Programs for Which the City of Buellton is Eligible” 7. Filing of an Amended Claim with the Santa Barbara County Association of Governments (SBCAG) for Revised Allocation of Transportation Development Act Funds (TDA) and for State Transit Assistance (STA) Fund 2022-23 Apportionments for Fiscal Year 2022-23 8. Resolution No. 23-24 –“A Resolution of the City Council of the City of Buellton, California, In Support of Allan Hancock College Offering a Bachelor’s Degree” MOTION: Motion by Vice Mayor Sanchez, seconded by Council Member Silva, approving Consent Calendar Items 1-8 as listed. VOTE: Motion passed by a roll call vote of 5-0. Council Member Hornick – Yes Council Member Lewis – Yes Council Member Silva – Yes Vice Mayor Sanchez – Yes Mayor King – Yes PRESENTATIONS None PUBLIC HEARINGS 9. Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Denying the Appeal and Upholding the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)” OR City Council Meeting Minutes Page 3 December 14, 2023 Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Approving the Appeal and Overturning the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)” Council Member Silva recused himself from Item 9 due to the proximity of his home to the proposed project location and left the dais at 6:10 p.m. RECOMMENDATION: That the City Council consider either approval or denial of Appeal as referenced in Resolution No. 23-23. STAFF REPORT: Planning Director Keefer presented the staff report. SPEAKERS/DISCUSSION: Correspondence supporting the Appeal and in opposition to the proposed project was received and made part of the record from the following individuals: • Jon Mead • Tracey Morris • Laura Benard • Lindsey Smith • Erica Huls • Shelly Peet • Kelly Miller • Brian Johnson Dick Pool, Traffic Engineer discussed the potential traffic impacts from the proposed project. City Attorney Murphy provided procedural comments for the Council to consider while making a decision regarding the proposed project. Lt. Mark Valencia spoke about arrest reports involving neighboring cities’ In-N-Out Burger restaurants. Deputy Farmer discussed how the proposed project will adversely affect traffic. CHP Commander Bronson discussed the potential traffic impact of the proposed project. John Olejnik, Transportation Planning Chief, Caltrans District 5, discussed the potential traffic impacts from the proposed project, answered questions from the Council and provided correspondence for the record, dated: April 16, 2021, September 13, 2023, and December 11, 2023. City Council Meeting Minutes Page 4 December 14, 2023 Mayor King opened the public hearing at 6:15 p.m. Carla Mead, Appellant, spoke in support of the Appeal and in opposition to the proposed project and provided a presentation for the record. Mayor King announced that he met with Jim Lockington from In-N-Out Burger, prior to the Council meeting and reviewed the proposed project plans. Jim Lockington, representing the Applicant, In-N-Out Burger, spoke in support of the project and provided a presentation for the record. The following speakers spoke in support of the Appeal and in opposition to the proposed project: • A.J. Tarman, Buellton • Vera Vaughan, Buellton • Sandy Lincoln, Buellton • Rose Deters, Buellton • Jon Mead, Buellton • Greg Jenkins, Buellton • Lisa Krempasky, Buellton The following individuals spoke in support of denying the Appeal and upholding the Planning Commission decision, approving the proposed project: • Bob Gran, Jr., Lompoc • Zandra Flores, Atascadero • Tom Davidson • Kathy Vreeland, Executive Director Buellton Chamber of Commerce and Visitors Bureau • Jerret Gran, San Luis Obispo Mayor King closed the public hearing at 8:46 p.m. City Manager Wolfe provided additional factual information regarding the proposed project. The City Council discussed the potential traffic impacts from the proposed project that will affect the entire Valley and how another business in this location could also cause traffic impacts. DOCUMENTS: Staff report with attachments as listed in the staff report. City Council Meeting Minutes Page 5 December 14, 2023 MOTION: Motion by Mayor King, seconded by Council Member Hornick, adopting Resolution No. 23-23 – “A Resolution of the City Council of the City of Buellton, California, Approving the Appeal and Overturning the Planning Commission Approval of Conditional Use Permit (21-CUP-02) and Sign Ordinance Exemption (22-EXP-01) for a New Drive-Through Restaurant (In-N-Out Burger) Use on the Property Located at 515 McMurray Road (APN 137-170-046)” VOTE: Motion passed by a roll call vote of 3-1, with Vice Mayor Sanchez voting no. Council Member Hornick – Yes Council Member Lewis – Yes Vice Mayor Sanchez – No Mayor King – Yes Council Member Silva returned to the dais at 9:15 p.m. Council took a short break and returned to the dais at 9:23 p.m. 10. Ordinance 23-02 – “An Ordinance of the City Council of the City of Buellton, California, Adding Buellton Municipal Code Section 19.10.140 Providing for Certification for Review of Certain Discretionary Land Use Planning Proposals for Immediate City Council Consideration” (Introduction and First Reading) Mayor King requested that this item be continued to an uncertain future date. MOTION: Motion by Mayor King, seconded by Council Member Hornick, requested that Item 10 be continued to an uncertain future date. VOTE: Motion passed by a roll call vote of 5-0. Council Member Hornick – Yes Council Member Lewis – Yes Council Member Silva - Yes Vice Mayor Sanchez – Yes Mayor King – Yes COUNCIL MEMBER COMMENTS/ITEMS Council Member Hornick requested that staff look into potential flooding areas in the City and ensure the City is ready for the rain season. Council Member Hornick requested that staff look into the California Endangered Species Act and how it conforms to the General Plan. Council Member Hornick requested an update on the “skinny 246” study. City Council Meeting Minutes Page 6 December 14, 2023 Council Member Silva requested and the Council agreed by consensus to have staff look into purchasing new sound and audio equipment for the Council Chambers. 11. Appointment of Vice Mayor for 2024 Council Member Lewis nominated Council Member Silva as Vice Mayor for 2024. MOTION: Motion by Council Member Lewis, seconded by Mayor King nominating Council Member Silva as Vice Mayor for 2024. VOTE: Motion passed by a roll call vote of 5-0. Council Member Hornick – Yes Council Member Lewis – Yes Council Member Sanchez – Yes Council Member Silva - Yes Mayor King– Yes WRITTEN COMMUNICATIONS None COMMITTEE REPORTS Council Member Sanchez announced that he attended the Santa Ynez Valley Aquatics Foundation meeting and provided an oral report for the record. Vice Mayor Silva announced that he attended the Sustainable Groundwater Management meeting and provided an oral report for the record. Mayor King announced that he attended the Caltrans public meeting identifying safety enhancements for the intersection of Highway 154 and Foxen Canyon Road and provided an oral report for the record. Mayor King announced that he attended the Santa Barbara County Association of Governments (SBCAG) Board meeting and provided an oral report for the record. City Council Meeting Minutes Page 7 December 14, 2023 BUSINESS ITEMS 12. Appointments to Boards, Commissions, and Committees A. Central Coast Water Authority (CCWA) B. County Library Advisory Committee C. Santa Barbara County Association of Governments (SBCAG) D. Air Pollution Control District (APCD) E. California Joint Powers Insurance Authority (CJPIA) F. League of California Cities (LOCC) – Voting Delegate G. Buellton Chamber of Commerce Board of Directors (Ex Officio Member) H. Multi-Jurisdictional Solid Waste Task Group I. Economic Development Task Force J. City/School District Joint Use Committee K. Association of California Water Agencies/Joint Powers Insurance Authority L. Central Management Area Committee for the Sustainable Groundwater Management Act (SGMA) M. Central Coast Community Energy (3CE) – (Policy Board/Operations Board) N. Arts & Culture Committee O. Joint Cities-County Affordable Housing Task Group The City Council nominated the following Council Members to the following Boards, Commissions, and Committees for 2024: A. Central Coast Water Authority (CCWA) Council Member Sanchez Vice Mayor Silva (Alternate) B. County Library Advisory Committee Council Member Lewis Vice Mayor Silva (Alternate) C. Santa Barbara County Association of Governments (SBCAG) Mayor King Vice Mayor Silva (Alternate) D. Air Pollution Control District (APCD) Mayor King Vice Mayor Silva (Alternate) E. California Joint Powers Insurance Authority (CJPIA) Council Member Lewis Mayor King (Alternate) City Council Meeting Minutes Page 8 December 14, 2023 F. League of California Cities (LOCC) Mayor King (Voting Delegate-Annual Conference) Vice Mayor Silva (Alternate Voting Delegate-Annual Conference) G. Chamber of Commerce Board of Directors (City Liaison Member) Council Member Sanchez H. Multi-Jurisdictional Solid Waste Task Group Council Member Hornick Vice Mayor Silva I. Economic Development Task Force Council Member Hornick Mayor King J. City/School District Joint Use Committee Council Member Lewis K. Association of California Water Agencies/Joint Power Insurance Authority Council Member Hornick L. Central Management Area Committee for the Sustainable Groundwater Management Act (SGMA) Council Member Sanchez Vice Mayor Silva (Alternate) M. Central Coast Community Energy (3CE) Vice Mayor Silva N. Arts & Culture Committee Council Member Sanchez O. Joint Cities-County Affordable Housing Task Group Vice Mayor Silva DIRECTION: The City Council agreed by consensus to appoint Council Members as listed above to the respective Boards, Commissions, and Committees for 2024. City Council Meeting Minutes Page 9 December 14, 2023 13. Authorization to Create New Job Classification, Adopt Associated Job Description, and Salary Schedule RECOMMENDATION: That the City Council consider adding a new classification of Administrative Assistant, by adopting the job description and salary schedule, direct staff to begin recruitment for the new position, and that the Finance Director make the necessary budget amendment. STAFF REPORT: H.R. Director Reid presented the staff report. DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Vice Mayor Silva, seconded by Council Member Lewis authorizing staff to add a new classification of Administrative Assistant, by adopting the job description and salary schedule, directing staff to begin recruitment for the new position, and directing the Finance Director to make the necessary budget amendment. 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 14. Award of Contract for the New Library/Event (202 Dairyland Renovation) Project RECOMMENDATION: That the City Council consider awarding the New Library/Event (202 Dairyland Renovation) Project construction contract to Quincon, Inc. in the amount of $2,298,583.00 plus a contingency amount of 10% ($229,858.00) for a total contract amount of $2,528,441.00, approve a budget amendment of an additional $1,128,441.00 to Project 092-221, and authorize the execution of the contract with Quincon, Inc. STAFF REPORT: Public Works Director Hess presented the staff report. SPEAKERS/DISCUSSION: Holly Sierra, Buellton, thanked the Council for their support of the new Library and stated that it will become a “gem” in the City of Buellton when it’s completed. City Council Meeting Minutes Page 10 December 14, 2023 The City Council discussed the following issues: • Moving the Library to a temporary area while construction is in progress • Inflated construction costs • Building a new Library rather than reconstructing the Willemsen house DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Vice Mayor Silva, seconded by Council Member Lewis awarding the New Library/Event (202 Dairyland Renovation) Project construction contract to Quincon, Inc. in the amount of $2,298,583.00 plus a contingency amount of 10% ($229,858.00) for a total contract amount of $2,528,441.00, approve a budget amendment of an additional $1,128,441.00 to Project 092-221, and authorize the execution of the contract with Quincon, Inc. 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 15. Joint Grant Management Agreement between the Santa Ynez Band of Mission Indians, the County of Santa Barbara, City of Solvang, and City of Buellton for a Joint Submission for the Caltrans 2024-25 Sustainable Transportation Planning Grant RECOMMENDATION: That the City Council authorize the City Manager to execute the Joint Grant Management Agreement, and authorize a $10,000 expenditure from the CIP Project #207 fund. STAFF REPORT: City Manager Wolfe presented the staff report. DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Council Member Lewis, seconded by Mayor King authorizing the City Manager to execute the Joint Grant Management Agreement, and authorize a $10,000 expenditure from the CIP Project #207 fund. City Council Meeting Minutes Page 11 December 14, 2023 VOTE: Motion passed by a roll call vote of 4-1, with Council Member Hornick voting no. Council Member Hornick – No Council Member Lewis - Yes Council Member Sanchez – Yes Vice Mayor Silva – Yes Mayor King – Yes 16. Establishment of City Council Priorities for 2024 RECOMMENDATION: That the City Council discuss the priorities for 2024, make adjustments as needed, and direct staff to work on the list of priorities in 2024. STAFF REPORT: City Manager Wolfe presented the staff report. SPEAKERS/DISCUSSION: The City Council discussed the cost of installing a flag pole in front of City Hall or on the Avenue of Flags to fly special occasion flags and agendize discussion of a flag flying policy at a future meeting. DOCUMENTS: Staff report with attachments as listed in the staff report. DIRECTION: The City Council agreed by consensus to accept the list of City Council priorities for 2024. CITY MANAGER’S REPORT None ADJOURNMENT Mayor King adjourned the regular meeting at 10:18 p.m. The next regular meeting of the City Council will be held on Thursday, January 11, 2024 at 6:00 p.m. __________________________ Dave King Mayor ATTEST: _____________________________ Linda Reid City Clerk