6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.
6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
6.07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 538
City of Solvang
Professional Services Contract
6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.
6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.
6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.
6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.
6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 539
City of Solvang
Professional Services Contract
IN WITNESS WHEREOF, the parties have executed this contract on the following date.
Consultant:
Date: By:
Name:
Title:
City of Solvang:
Date: By:
Xenia Bradford
City Manager
APPROVED AS TO FORM:
City Attorney: Richards, Watson & Gershon
Date: By:
Dave Fleishman
City Attorney
ATTEST:
Xenia Bradford, City Clerk
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 Deputy Director of Building & Safety
Albert Brady
7/ 9/ 2021
7/ 9/ 2021
7/ 20/ 2021
540
City of Solvang
Professional Services Contract
EXHIBIT A
SCOPE OF WORK,
FEE SCHEDULE
PROJECT SCHEDULE
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 541
June 22, 2021
City of Solvang
Attn: Xenia Bradford
City Manager
1644 Oak Street
Solvang, CA 93463
Subject: Building Inspection and Plan Review Services
Dear Mrs. Bradford:
Willdan Engineering is pleased to present this proposal to the City of Solvang to provide building inspection and building plan review services to the City. Willdan Engineering ( Willdan), a California Corporation, has been a consistent industry leader for more than 57 years - providing and delivering exceptional service in all aspects of municipal and infrastructure engineering including building and safety, code enforcement, public works, public financing, planning, and construction management services. Our staff has an excellent record of reviewing and inspecting projects consistent with the current California Building Standards Code (Title 24), as amended by our municipal clients, and all relevant standards, approved plans, specifications, contract documents, laws, state and local codes, ordinances, resolutions and regulations.
While our incomparable services are presented in this response, listed below are reasons why Willdan is uniquely qualified to provide these services to the City of Solvang.
Demonstrated Competence/ Local Knowledge – Willdan Engineering presently provides building and safety services to a vast number of jurisdictions throughout California including municipalities located in Santa Barbara County.
Electronic Plan Review – Willdan Engineering offers electronic plan review which reduces foot traffic at City Hall and significantly expedites review, reduces shipping and printing costs for the applicant while promoting a paperless environment at no additional cost to the City or permit applicants.
CASp Certified Plan Reviewers and Inspectors – Willdan Engineering can provide CASp certified specialists to the City, as required by Senate Bill No. 1608, specifically CHAPTER 549.
Customer Service – Our approach to user-friendly customer service specifically results in reduced number of plan review rechecks and has allowed us to meet the required plan check turnaround time standards of the City. Likewise, the assignment of experienced building inspectors by Willdan results in accurate- time effective field building inspections.
Our approach to each assignment is to furnish the client with technical assistance and strong project management in a professional, efficient and economical manner. Please feel free to contact me should you have any questions or require additional information.
Respectfully submitted,
WILLDAN ENGINEERING
Albert L. Brady Jr., CBO
Deputy Director of Building and Safety
951.454.3539
abrady@willdan. com
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 542
Table of Contents
Company Overview ................................................................................................................................. 1 Scope of Work .......................................................................................................................................... 2 References ............................................................................................................................................... 5 Fee Schedule ............................................................................................................................................ 6 DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 543
Company Overview
Willdan, founded in 1964, is a leading nationwide provider of professional consulting and technical services. The primary markets Willdan serves are: energy and sustainability consulting; infrastructure planning and engineering; economic and financial consulting; and homeland security consulting. The company serves these four complementary markets through its divisions – energy efficiency services Willdan Energy Solutions), engineering services (Willdan Engineering), public finance services (Willdan Financial Services) and homeland security services (Willdan Homeland Solutions). Willdan has a reputation for delivering high-quality projects on time and within budget. Rooted in Willdan’ s corporate culture is its focus on quality customer service. The company has more than 1,400 employees, including licensed engineers, program and construction managers, financial analysts, planners, and other skilled professionals. Willdan benefits from wellestablished relationships with local and state government agencies, investor-owned and municipal utilities, and private sector commercial and industrial firms throughout the United States. The company currently serves approximately 1,100 distinct clients. Headquartered in Anaheim, the company operates a network of offices in California including a nearby location in the City of Ventura.
Willdan Engineering ( Willdan), a California Corporation and subsidiary of WGI, specializes in solutions tailored to the unique needs of municipalities and other local government agencies.
Services range from full-time, in-house staffing to interim or parttime assistance on a project-by-project basis.
Willdan’ s understanding of public agency needs and
issues is unique in the industry. In addition to the
significant portion of our staff that have served in
public agency management positions prior to joining Willdan, we have had numerous assignments with over 60% of the cities and counties in California for building officials, city engineers, planning directors, traffic engineers, and other public agency staff members. With our depth of experience, expertise, knowledge and resources, Willdan is able to offer practical solutions that are timely, cost effective, and that meet the needs of individual communities. The diversity of our staff experience is an added value of our professional services.
Since 1964, Willdan Engineering has helped revolutionize the way consulting services are provided by local offices. Our regional and satellite offices are strategically located to offer local, focused service to the varied demographics of our public agency customers. Willdan Engineering’ s lean organization enables staff to efficiently communicate individual project challenges and goals company- wide, thereby utilizing all of Willdan Engineering’ s resources to deliver the highest quality and most cost-effective product.
Willdan Engineering understands the unique nature of public agency needs and issues. In addition to many of our staff having served in management positions at public agencies prior to joining Willdan Engineering, we have numerous assignments with over 60% of the cities and counties in California for building officials, City engineers, planning directors, traffic engineers, and other public agency staff members.
WILLDAN ENGINEERING SERVICES
Building and Safety
City Engineering
Capital Program Management
Construction
Management/ Inspection
Development Services/ Plan
Review
Environmental/ Planning
Flood Control Design
Landscape Architecture
Pavement Management
Structural Engineering
Survey/ Mapping
Traffic Engineering
Transportation Engineering
Water/ Wastewater
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 544
Building and Safety Services
Willdan’ s experience and strength in building and safety encompasses the complete range of technical disciplines, including permit issuance, building inspection, grading inspection, accessibility inspection, CASp services, OSHPD III plan check and inspection, flood zone experience, building plan review, firelife safety, building official services, and emergency safety assessment expertise. The inspection and plan review staff maintain current certifications and attends training on a regular basis, to stay current with industry technologies and standards. Specific certifications and education are delineated in staff résumés herein.
Financial Stability
Throughout our 57 years in business, Willdan has maintained a strong balance sheet with the financial and staffing resources to perform and complete all contractual obligations. We have continued to grow to better serve our clients by offering an expanding range of municipal services. Financial information, including information on revenue, earnings, and cash flow, are issued quarterly and can be found at www.willdan.com.
Scope of Work
When it comes to serving the residents of the City of Solvang, Willdan sees our role as that of facilitator and guide—helping the City’ s customers in getting through the review, permitting, and inspection process— rather than leaving the applicant in a bind in obtaining or signing off permits, while ensuring development complies with building codes and City standards. We understand that the process of complying with the various codes, standards, regulations and laws can be a formidable and daunting undertaking— for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications and the sometimes- competing interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the City will be as satisfied with the infrastructure on day one as 20 years from “ day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to the City.
Our proven approach is based on over 42 years of experience in the building industry and incorporates features enhancing the efficiency and quality of the following services:
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 545
BUILDING AND GRADING PLAN REVIEW
Willdan' s plans examiners are ICC
certified plans examiners, CASp certified,
licensed architects, and/ or registered
engineers. Our experience and strength
in building and safety encompasses the
complete range of technical disciplines,
that is, structural engineering plan check,
fire-life safety, electrical, plumbing and
mechanical codes, the Title 24 codes, as
well as other local amendments to the adopted codes. Willdan staff has extensive experience with the California Green Building Standards Code, including familiarity with LEED, CABEC, RESnet, USGBC and NPDES supported concepts. Willdan staff attends classes and seminars on a regular basis to uphold an up-to-date comprehension of all code requirements and to maintain current certifications at no expense to our clients.
All building plans will be examined for compliance with the City’ s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances.
Plan review for Disabled Access Compliance will include a review of precise grading plans.
All plan check will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.
Plan check will include a review of any or all of the following design elements as determined by the City:
Architectural
Fire/ Life-safety
Plumbing
Mechanical
Structural
Soils/ Grading
Electrical
Energy Conservation Regulations ( Title 24)
Disabled Access Regulations ( CBC)
Green Building Standards
CASp
Willdan will provide two complete typewritten plan check letters which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern. Comments shall specify the apparent code violation. At the City’s discretion, plan check comments, plans and documents will be returned directly to the designers until such time as plans are approved.
Willdan staff will pick up plans from City Hall and/ or provide delivery service at no additional cost to the City. We will supply the City with plan bags and shipping labels as well as Willdan’ s FedEx and GSO account numbers.
We really appreciate Willdan’ s timely responses and professional advice to our questions and concerns related to plan check comments and general code issues. Willdan’ s professionalism and knowledge of the plan check process was immensely helpful in cutting cost and schedule. It has been really great to work with Willdan and we hope we will keep working with them for future work.”
Inkon Kim, PhD, LEED AP
HPA, Inc.
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Our plan checkers will schedule meetings during work hours to discuss and clarify plan check issues with designers, owners and contractors. Resolutions of code issues may also be accomplished by telephone and/ or email as well as scheduled meetings prior to resubmitting corrected plans and documents. We will respond to inquiries from applicants within one day.
ELECTRONIC PLAN REVIEW
Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our “tree-saving”
electronic plan review process includes the elimination of the need for additional computer software or hardware– only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam. Willdan will review plans and has the ability to transmit the redlined plans back to the applicant or designer via the website, along with the plan review comment sheet.
This service allows for on-line collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing and timelines for plan review processing for the applicant.
BUILDING INSPECTION
Our inspectors are ICC certified and fully experienced to perform residential, commercial and industrial inspections for compliance to the approved plans and related documents. The inspections will be performed in accordance with the City’ s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.
Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/ or design professionals.
Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.
Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system. We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.
Our inspection staff are supplied with cell phones and laptops and/ or iPads for email communication and document creation and record keeping.
Working with Willdan speeds up the
installation of solar. They have quick and
efficient plan reviews through an
electronic review process. Complete
Solar is happy to continue to work with
Willdan on a regular basis.”
Sarah Prado, Agent
Complete Solar
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Willdan can provide CASp certified inspectors to the City as required by Senate Bill No. 1608, specifically CHAPTER 549. Our CASp certified inspectors will provide building and site evaluations for ADA and State Disabled Access requirements; provide evaluations and reporting for Applicable Construction Related Accessibility Standards; provide CASp Disability Access Certificates; provide expert witness and legal services support; and provide other services as required by the City.
References
REFERENCE 1
COMPANY NAME: City of Tustin
ADDRESS: 300 Centennial Way
Tustin, CA 92780
CONTACT PERSON: Dana Ogdon, Asst Dir Community Development EMAIL ADDRESS: DOgdon@tustinca. org
TELEPHONE ADDRESS: 714.573.3106
DATES WORKED PERFORMED: 2017 - Present
SCOPE OF SERVICES: Building and Safety Plan Review Services.
REFERENCE 2
COMPANY NAME: City of San Bernardino
ADDRESS: 290 North “ D” Street
San Bernardino, CA 92401
CONTACT PERSON: Michael Huntley, Director of Community Development EMAIL ADDRESS: huntley_ mi@sbcity. org
TELEPHONE ADDRESS: 909.384.5357
DATES WORKED PERFORMED: 1986 – Present
SCOPE OF SERVICES: Building and Safety Building Official Services, Plan Review, Inspection, Counter Technician Services. Grading and civil Plan Review Services.
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 548
REFERENCE 3
COMPANY NAME: City of West Covina
ADDRESS: 1444 West Garvey Avenue South
West Covina, CA 91790
CONTACT PERSON: Jeff Anderson, Community Development Director EMAIL ADDRESS: JAnderson@westcovina. org
TELEPHONE ADDRESS: 626.939.8422
DATES WORKED PERFORMED: 2019 - Present
SCOPE OF SERVICES: Building and Safety Building Official Services, Plan Review, Inspection, Counter Technician Services.
Fee Schedule
Services Fee Schedule
Plan Review 80% of fee collected
Building Official $ 145/ hour
CASp review/ Inspection $ 100/ hour
Building Inspection $ 90/ hour
Support staff $ 65/ hour
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 549
Agenda Item Number: 7
Solvang City Council STAFF REPORT
PREPARED BY:
MEETING DATE:
SUBJECT:
Xenia Bradford, City Manager
June 28, 2021
APPROVE OPERATING CONTRACT EXTENSIONS FOR FISCAL YEAR 2021- 22 I. RECOMMENDATION:
Approve contract extensions as follows and authorize City Manager to execute the contracts:
a. Contract extension with IDK for Marketing Services through December 31, 2021. b. Contract extension with Lanspeed for Information Technology services through December 31, 2021.
c. Contract extension with Willdan for Building Services through June 30, 2022. d. Contract extension with Urban Planning Concepts for Planning Services not to exceed $ 30,000 through June 30, 2022.
II. DISCUSSION:
In alignment with Proposed Budget presented to Council earlier in today’s agenda, the following operating contracts are recommended for extension. Per the City’ s purchasing policy last reviewed and approved by City Council in October of 2020, City Manager requests authorization to extend the contracts as follows. a. Marketing contract extension through December 31, 2021 ( per Council prior policy direction). It is recommended that a Request for Proposals ( RFP) should be issued in order to establish a longer-term contract. Also, per Council direction from June 14th meeting, staff will return on July 12 with a proposed ordinance to form a Tourism Marketing Committee as an advisory body to the City. b. Information Technology ( IT) contract extension through December 31, 2021. Due to being a small organization, the City historically contracted out IT services. IT is rapidly developing, and IT services require high level of expertise. By contracting out IT to a professional IT firm, the City is able to utilize expertise of a team of IT professionals. The City transitioned IT services to Lanspeed in 2019. Since then, DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 550
Lanspeed completed a number of projects bringing the City up to modern standards and improving security. A progress report was presented to City Council in May. It is recommended that the contract be extended through December 31, 2021 and an RFP be issued in order to evaluate options available to the City. c. Building services contract extension through June 30, 2022. When prior Building provider ( Code Check) terminated contract with the City, the City went through an RFP process in 2019 for Building services. Willdan was selected through this process. Willdan provides full range of Building services including Building Official, Building Inspector, and Plan Check review. Since the RFP was completed within the last two years, it is recommended that the contract be extended to cover the entire fiscal year 2021-22.
d. Planning Services contract extension through June 30, 2022. The recommendations included in the Proposed Budget assume two full-time Planning positions (Supervising Planner and Assistant Planner). Currently, Planning Services are fully contracted out with exception of City Manager and Assistant to the City Manager support to Planning Commission and Design Review Committee support.
Given the fact that hiring process will take several month if approved by Council, the contract extension is needed to bridge the gap. The proposed contract extension is not to exceed $ 30,000 which will cover approximately three months of services. The budget will be absorbed by salary savings. The time of the contract is proposed through June 30, 2022 as the City may continue to use the consultant for specific larger projects. Staff will return to Council on August 9th with proposed updated planning fees, which will propose direct pass through of fee for outside planning consultants. Staff will return with future budget amendments as necessary.
III. ALTERNATIVES:
City Council could provide staff with alternate direction including:
1. Shorter timeframes for extensions.
2. Issuance of RFPs or sole sourcing for longer periods of time.
IV. FISCAL IMPACT:
There is no additional fiscal impact over and above the Proposed FY 2021 -22 Budget.
V. ATTACHMENTS
Attachment A – Marketing Scope of Work Proposal
Attachment B – Information Technology Services Scope of Work Proposal Attachment C – Building Services Scope of Work Proposal Attachment D – Planning Services Scope of Work Proposal DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 551
City of Solvang
Professional Services Contract
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “ Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $ 1,000,000 per occurrence and in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $ 1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’ s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state- approved policy form providing statutory benefits as required by law with employer’ s liability limits no less than $1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $ 1,000,000 per claim and in the aggregate.
The policy must “ pay on behalf of” the insured and must include a provision establishing the insurer’ s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise.
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City of Solvang
Professional Services Contract
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’ s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. Consultant’ s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “ third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e.g. elimination of contractual liability or reduction of discovery period) that may affect City’ s protection without City’ s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’ s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate( s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 553
City of Solvang
Professional Services Contract
11. If Consultant’ s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’ s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 554
City of Solvang
Professional Services Contract
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used between itself and its sub- consultants reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
DocuSign Envelope ID: FD4801B2- D37D- 497C-BB0D-F793DCEAFD19 555
Agenda Item: 4.m
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: July 11, 2022
SUBJECT: Code Enforcement Contract
RECOMMENDATION:
Approve the Agreement with Eddie Hsueh, Independent Contractor for Code Enforcement Services in the amount not to exceed $40,000 for the term July 1, 2022 – June 30, 2023 and authorize the City Manager to execute on behalf of the City.
DISCUSSION:
The City has contracted with Eddie Hsueh as sole proprietor since fiscal year 2020/21. Staff has reviewed Code Enforcement program needs and recommended to the City Council hiring of two parttime positions to work on weekends and evenings to supplement the Code Enforcement needs. This request was approved by the City Council.
Staff recommends continuing with the current structure of the Code Enforcement Program and extending the contract with Eddie Hsueh through June 30, 2023 at $40,000.
ALTERNATIVES:
City Council can provide staff with alternate policy direction and direct staff to return with additional recommendations at a later date. If Council wishes to make any further modifications to the Code Enforcement program, staff still recommends extending the contract for a period of time to avoid any lapse in Code Enforcement operations.
FISCAL IMPACT:
There is no fiscal impact. The funding was approved with the current fiscal year budget.
ATTACHMENTS:
A – Agreement
556
-
SOLVANG
The Oonish Capitol ofAm.erica.
CITY OF SOLVANG
SHORT-FORM SERVICES AGREEMENT
1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of July, 2022 ("Effective Date") by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 ("City") and Eddie Hsueh, a California independent contractor with its principal place of business at 606 Alamo Pintado Road, Suite 3-187, Solvang, CA 93463 ("Consultant").
City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A" which are hereby incorporated as though fully set forth herein.
3. SCOPE OF SERVICES. Consultant shall provide to City the services as described in Exhibit "B".
4. TERM. The term of this Agreement shall be from July 1, 2022 through June 30, 2023, unless earlier terminated as set forth in the attached Tenns and Conditions.
5. COMPENSATION. Consultant shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Consultant's compensation exceed thirty five thousand dollars ($40,000) without written amendment from the City.
6. INSURANCE. In accordance with Section 4 of Exhibit "A", Consultant shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City.
Commercial General Liability Insurance:
� $1,000,000 per occurrence/$2,000,000 aggregate.
D $2,000,000 per occurrence/$4,000,000 aggregate.
Automobile Liability:
� $1,000,000 combined single limit for bodily injury and property damage. 1 557
Workers' Compensation:
D Statutory Limits/ Employer's Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City.
Professional Liability (Errors and Omissions):
D Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim.
7. GENERAL TERMS
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement or document. All exhibits identified in this Agreement are incorporated into the Agreement by this reference. In the event of any conflict between the terms of this Agreement and the terms of an exhibit, the tenns of this Agreement shall control. Notwithstanding the foregoing sentence, the provisions of Section 5 of Exhibit A to this Agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in any other exhibit to this Agreement, even if such exhibit purports to affect the provisions of Section 5 of Exhibit A Electronic Delivery of Agreement. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF SOLVANG EDDIE HUSEH
By: By:
Xenia Bradford, City Manager Eddie Hsueh, Contractor
Approved as to Form:
By:
Dave Fleishman, City Attorney
2 558
EXHIBIT "A"
TERMS AND CONDITIONS
I. Compensation. Consultant shall be paid on a time and materials or lump sum basis, as may be set forth in Exhibit "C", within 30 days of completion of the Work and
approval by the City.
2. Compliance with Law. Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including any requirements to pay prevailing wage under the Labor Code or similar laws. Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by Federal, State and local regulatory agencies. Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.
3. Standard of Care. The Consultant shall perform the Work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the
profession practicing under similar conditions.
4. Insurance. The Consultant shall take out and maintain, du1ing the performance of all work under this Agreement: A.
Commercial General Liability Insurance in the amounts
specified in Section 6 of the Agreement for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no amount is selected in Section 6 of the Agreement, the amounts shall be $1,000,000 per occurrence/$2,000,000 aggregate; B. If
automobiles are used in providing the services, Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired
vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering
automobile liability, Code 1 (any auto); C. Workers'
Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per accident or disease, and D. Professional Liability (Errors and Omissions) coverage, if checked in section 6 of the Agreement, written on an "occurrence" basis with a limit not less than $1,000,000 per claim and which shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an occurrence basis, Consultant shall procure and pay for appropriate tail coverage for a minimum of tlu·ee years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. Insurance carriers shall be
authorized by the Department of Insurance, State of
California, to do business in California and maintain an agent for process within the state. Such insurance ca!1'ier shall have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by the City. The policies required under subsections A and B shall be endorsed to include additional insureds as follows: The City of Solvang and its Elected and Appointed Officials, A-1
Officers, Employees, Agents, and Volunteers. Consultant shall also submit to the City a waiver of subrogation
endorsement in favor of the City on all policies where such endorsement is commercially available.
5. Indemnification. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant shall defend,
indemnify and hold harmless the City, its Council, members of the Council, agents, officials, officers, volunteers, and employees of the City, against any and all claims, liabilities, demands, expenses, costs and financial loss, or damages, including reasonable attorneys' fees, that arise directly or indirectly from any acts or omissions related to this
Agreement perfo1med by Consultant or its agents,
employees, subcontractors, subconsultants, consultants, or other persons/entities acting on Consultant's behalf. This includes claims for injury or death of any person, or damage to property, or inte1ference with use of property, or any claim of the Consultant or subcontractor for wages or benefits which arise in connection with the pe1fo1mance of this
Agreement, except to the extent caused or resulting from the sole negligence or willful misconduct of the City, its
Council, members of the Council, agents and employees of the City. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant's employees, agents, subcontractors and
subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee
relations. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to the City and the City's attorneys' fees incurred in such an action.
6. Laws and Venue. This Agreement shall be interpreted
in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Barbara, State of California.
7. Termination. The City may terminate or abandon any
portion or all of the Work by giving 10 calendar days written notice to Consultant. In such event, the City shall be
immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the Work. The City
shall pay Consultant the reasonable value of any portion of the Work completed prior to termination. The City shall not be liable for any costs other than the charges or pmtions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Work and shall not be entitled to damages or compensation for termination of
work. Consultant may terminate its obligation to provide further Work under this Agreement upon 30 calendar days' written notice to the City only in the event of City's failure 559
to pe1form in accordance with the terms of this Agreement through no fault of Consultant.
8. Agreement Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than the City and the Consultant. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the Agreement. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Consultant is retained as an independent contractor and is not an
employee of the City. No employee or agent of Consultant shall become an employee of the City. The individuals
signing this Agreement represent that they have the authority to sign on behalf of the Parties and bind the Parties to this Agreement. This is an integrated Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior
oral or w1itten understanding or representations with
respect to matters covered hereunder. This Agreement
may not be modified or altered except in writing signed by both parties hereto. City and Consultant agree that no waiver of a breach of any provision of this Agreement by either Consultant or City shall constitute a waiver of any other breach of the same provision or any other provision of this Agreement. Failure of either City or Consultant to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver of such provision or breach. Consultant shall promptly inform City of any contract, agreement, airnngement, or interest that Consultant may enter into or have dming the performance of this Agreement that may conflict with City's interests. This requirement includes contracts, agreements and
arrangements with manufacturers, suppliers, contractors or other clients whose interests might be served by the services performed under this Agreement and Consultant's or
Consultant's clients' interest in land that might be affected by the services. Consultant shall take such measures as are necessary in the pe1fo1mance of this Agreement to prevent actual or appearances of conflicts of interest. Consultant and City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights orobligations under this Agreement, the prevailing party will be awarded
reasonable attorney's fees, together with any costs and expenses, to resolve the dispute and to enforce any
judgment, including post judgment attorney's fees costs and expenses and any attorneys' fees or costs incuned on appeal of any judgment.
A-2
560
EXHIBIT "B"
SCOPE OF SERVICES
The Consultant shall provide the duties of City Code Compliance Officer.
On a regular basis not less than daily during City's regular business hours, monitor the City's Code Compliance phone line and email for intake of complaints.
Provide quality customer service and communicate with public to address their concerns.
Perform a full variety of field and office work necessary to enforce the Solvang Municipal Code, and State, and Federal codes as they relate to regulation of public and environmental health, safety, land use, and neighborhood maintenance.
Maintain accurate and complete records of initial and follow-up investigations.
Deliver citations and address citizens and businesses directly to enforce compliance with the Solvang Municipal Code.
Document oral and documentary evidence to support citations and attend court hearings as needed.
Consult as needed with the City Attorney regarding legal issues in connection with enforcement duties.
Provide City Manager with bi-weekly brief reports on enforcement actions.
Attend City Council meetings as requested by the City Manager.
Perform duties related to those described above as r:equired.
B-1
561
EXHIBIT "C"
COMPENSATION FOR SERVICES
Hourly Compensation
The consultant shall be paid $65 per hour. The total amount is not to exceed $40,000 without the prior consent of the City.
Hours per Week
Consultant shall notify City Manager and receive authorization if work volume exceeds 20 hours per week.
Set-up Fee
City will pay consultant one-time set-up fee in the amount of $500 upon execution of the contract. Shall the term of this contract be terminated earlier than June 30, 2023, the consultant shall repay to the City a prorated amount of the set-up fee based on number of days remaining in the term of the contract as a percentage of the total number of days in the term of the contract.
C-1
562
Agenda Item: 4.n
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: July 11, 2022
SUBJECT: Urban Concepts Planning Consultant Services Contract Extension RECOMMENDATION:
Approve the First Amendment to the Agreement with Urban Planning Concepts Inc for continued Planning Services not to exceed $60,000 and extending the term to June 30, 2023, and authorize the City Manager to execute on behalf of the City.
DUSCUSSION:
The City of Solvang engaged Urban Concepts as the City’s Planning Consultant in 2019. The City is currently recruiting for Planning Director or Manager but has received limited number of applications. In absence of Planning Director/Manager, the Planning Consultant provides the City with professional level planning expertise to process project applications. The City pays approximately $10,000 per month for the services majority of which is recovered through fees for services. Staff recommends extending the contract to allow more time for the recruitment to fill this key position. It is also recommended that the City retain the Planning Consultant through the rest of the fiscal year to transition projects to the Planning Director/Manager as well as to continue assisting the City with some of the more significant projects.
ALTERNATIVES:
Extension of the contract is necessary to continue with planning project review services at this time.
The City does not have internal staff to perform this function, which would result in delay of project application through planning.
FISCAL IMPACT:
There is no fiscal impact. The revenues from fees and expenditures for building services were included in the adopted budget.
ATTACHMENTS:
A. Urban Concepts Contract Amendment
563
AMENDMENT NO. 1
to the Agreement with
URBAN PLANNING CONCEPTS INC
THIS FIRST AMENDMENT is made and entered into this 1st day of July, 2022 between the CITY OF SOLVANG, a municipal corporation and Charter City (City) and URBAN PLANNING CONCEPTS INC, a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, July 1, 2021, the parties agree to the additional amount not to exceed $60,000 and to extend the term of the agreement for continued Contract Planning Services. The contract termination date is hereby extended to June 30, 2023.
All remaining portions of the original Agreement and prior Amendments shall remain in full force and effect.
CITY OF SOLVANG URBAN PLANNING CONCEPTS INC
Xenia Bradford, City Manager Laurice Tamura, CEO
APPROVED AS TO FORM:
Dave Fleishman, City Attorney
ATTEST:
Annamarie Porter, City Clerk
Attachment A
564
CITY OF SOLVANG
PROFESSIONAL SERVICES AGREEMENT
This agreement is made upon the date of execution, as set forth below, by and between Urban Planning Concepts (“ Consultant”), and the City of Solvang (“ City”). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.0 GENERAL PROVISIONS
1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.
1.02 Services : Consultant shall perform the scope of work ( tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.
Consultant shall determine the method, details and means of performing the above- referenced services.
Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement. However, Consultant may not assign this agreement to any other person or entity in the performance of required project- related services, and the City may not control, direct or supervise Consultant’ s assistants or employees in the performance of those services.
1.03 Standard of Performance: Consultant’ s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’ s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.
1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 565
City of Solvang
Professional Services Contract
accordance with the fee schedule set forth in Exhibit A unless and until this Agreement is amended as provided herein.
1.05 Billing/ Payment Terms. All charges for Consultant’ s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 ( thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-toexceed amount, the bill shall itemize by date all services and expenses provided during the invoice period ( under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by either the Public Works Director or the City Manager prior to payment.
2.0 OBLIGATIONS OF CONTRACTOR
2.01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.
2.02 Avoidance of Conflict of Interest.
a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’ s sole discretion, as long as the performance of these extra- contractual services does not interfere with or present a conflict with City’ s business or interfere with the timely performance and completion of Consultant’ s services under this Agreement.
b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’ s Conflict of Interest Code ( on file in the City Clerk’ s Office). All officers, employees and/ or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement. c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection ( d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection ( d). _____ ( Initials).
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 566
City of Solvang
Professional Services Contract
d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’ s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’ s Conflict of Interest Code.
2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’ s employees and agents have no right to Workers’ Compensation and other City-sponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’ s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’ s employees or agents.
2.05 Indemnification
a) Non-design, non- construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“ City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“ claims”), arising out of the Consultant’ s performance or Consultant’ s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’ s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’ s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’ s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “ construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph ( a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“ City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 567
City of Solvang
Professional Services Contract
reasonable legal counsels’ fees and costs of litigation (“ claims”), arising out of the Consultant’ s performance or Consultant’ s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’ s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’ s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
c) Design Professional Services: In the event Consultant is a “ design professional”, and the Scope of Services require Consultant to provide “ design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs ( a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“ City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’ s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’ s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’ s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph ( a), ( b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’ s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’ s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’ s services or the termination of this Agreement.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 568
City of Solvang
Professional Services Contract
2.06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.
3.0 OBLIGATIONS OF CITY
3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’ s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.
4.0 TERMINATION OF AGREEMENT
4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.
4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the contract to which Consultant’ s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.
4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the nonbreaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.
4.04 Termination: This agreement shall terminate on June 30, 2022, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 569
City of Solvang
Professional Services Contract
5.0 SPECIAL PROVISIONS
5.01 Additional Tasks as May Be Assigned by Public Works Director or the City Manager: Prior to initiating any Consultant work on matters relating to the purposes of this Agreement, but outside the Scope of Services for this Agreement, it shall be the responsibility of Consultant to obtain written approval of the Public Works Director, or the City Manager, prior to initiation of such tasks.
5.02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. It is contemplated that most of the services hereunder will be completed on or before June 30, 2022. TIME IS OF THE ESSENCE OF THIS CONTRACT.
Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.
5.03 Work Outside Contract Scope: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the City Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work.
The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the City Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.
5.04 Confidentiality:
a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential. b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’ s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City.
c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons. Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 570
City of Solvang
Professional Services Contract
d) Survival. Consultant’ s obligations under this paragraph shall survive the termination of this contract.
6.0 MISCELLANEOUS
6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:
PARTY ADDRESS
TO: City OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Dave Fleishman
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO CONSULTANT:
6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.
6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 571
City of Solvang
Professional Services Contract
6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.
6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
6.07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 572
City of Solvang
Professional Services Contract
6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.
6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.
6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.
6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.
6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 573
City of Solvang
Professional Services Contract
IN WITNESS WHEREOF, the parties have executed this contract on the following date.
Consultant:
Date: By:
President
City of Solvang:
Date: By:
Xenia Bradford
City Manager
APPROVED AS TO FORM:
City Attorney: Richards, Watson & Gershon
Date: By:
Dave Fleishman
City Attorney
ATTEST:
Xenia Bradford, City Clerk
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 7/ 8/ 2021
7/ 8/ 2021
7/ 8/ 2021
574
City of Solvang
Professional Services Contract
EXHIBIT A
SCOPE OF WORK,
FEE SCHEDULE
PROJECT SCHEDULE
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 575
June 22, 2021
Xenia Bradford
City Manager/ Planning Director
City of Solvang
1644 Oak Street
Solvang, CA 93465
Re: Contract Planning Service Fiscal Year 2021/2022
Dear Ms. Bradford:
Urban Planning Concepts, with Laurie Tamura as the lead planner, has provided Contract Planning services since February 2020. In March, UPC took on the full range of planning services within the Planning Department.
While contracted on a less than half-time basis, UPC has provided front counter services including public contact with calls and e-mails, issuing land use permits, preparing staff reports, and attending public hearings for the Planning Commission and Design Review Committee. During this time, the Planning Department took on some major special projects including preparing all paper documents for scanning and setting up the SmartGov program. UPC also served as the city representative on the Technical Advisory Committee for SBCAG.
Fiscal Year 2021/2022
This fiscal year, the city is planning on hiring an Assistant Planner to provide daily public contact as well taking on administrative tasks in the planning office.
With this added support in the office, UPC will focus on the following items:
Discretionary planning permits, staff reports, and public hearings.
Assist the Assistant Planner, as needed, with questions from the public. This support role will assure that public service is being provided in a timely manner.
Review building projects and issue land use permits.
Process development application including General Plan Amendments, Rezoning, tentative Tract Maps, Development Plans, and other planning related projects.
Coordinate the review of permits with the other city departments for the comments and conditions of approval.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 576
Prepare environmental documents and staff reports for the discretionary projects and present them to the Planning Commission and, if needed, the City Council.
Review sign plans and other items for the Design Review Committee, prepare staff reports, PowerPoints, and final action letters for these meetings.
Assist in the preparation of the update to the City’s General Plan, as needed.
Attend the various SBCAG Technical Advisory committee meetings.
Until the new planner is in the office, UPC will continue to maintain the level of service that we have been providing averaging about 12 to 16 hours a week. Current office hours have been Monday and Thursday afternoons and every other Tuesday I also come in on Tuesday.
Once the new planner is in the office, UPC can reduce hours to about 8 hours a week with an additional 4 hours when there are public hearings. The Planning Commission ( 1st Monday of the month) and the Design Review Committee ( 3rd Thursday of the month) meetings are in the evenings and will result in the additional time.
Based on the continuing working relationship with the City of Solvang, UPC will not propose any rate increases and will maintain the hourly billing at $200.00 an hour as agreed to originally.
Please let me know if you need anything else from me.
Sincerely,
Laurie Tamura, AICP
Principal Planner
Urban Planning Concepts
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 577
Agenda Item Number: 7
Solvang City Council STAFF REPORT
PREPARED BY:
MEETING DATE:
SUBJECT:
Xenia Bradford, City Manager
June 28, 2021
APPROVE OPERATING CONTRACT EXTENSIONS FOR FISCAL YEAR 2021- 22 I. RECOMMENDATION:
Approve contract extensions as follows and authorize City Manager to execute the contracts:
a. Contract extension with IDK for Marketing Services through December 31, 2021. b. Contract extension with Lanspeed for Information Technology services through December 31, 2021.
c. Contract extension with Willdan for Building Services through June 30, 2022. d. Contract extension with Urban Planning Concepts for Planning Services not to exceed $ 30,000 through June 30, 2022.
II. DISCUSSION:
In alignment with Proposed Budget presented to Council earlier in today’s agenda, the following operating contracts are recommended for extension. Per the City’ s purchasing policy last reviewed and approved by City Council in October of 2020, City Manager requests authorization to extend the contracts as follows. a. Marketing contract extension through December 31, 2021 ( per Council prior policy direction). It is recommended that a Request for Proposals ( RFP) should be issued in order to establish a longer-term contract. Also, per Council direction from June 14th meeting, staff will return on July 12 with a proposed ordinance to form a Tourism Marketing Committee as an advisory body to the City. b. Information Technology ( IT) contract extension through December 31, 2021. Due to being a small organization, the City historically contracted out IT services. IT is rapidly developing, and IT services require high level of expertise. By contracting out IT to a professional IT firm, the City is able to utilize expertise of a team of IT professionals. The City transitioned IT services to Lanspeed in 2019. Since then, DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 578
Lanspeed completed a number of projects bringing the City up to modern standards and improving security. A progress report was presented to City Council in May. It is recommended that the contract be extended through December 31, 2021 and an RFP be issued in order to evaluate options available to the City. c. Building services contract extension through June 30, 2022. When prior Building provider ( Code Check) terminated contract with the City, the City went through an RFP process in 2019 for Building services. Willdan was selected through this process. Willdan provides full range of Building services including Building Official, Building Inspector, and Plan Check review. Since the RFP was completed within the last two years, it is recommended that the contract be extended to cover the entire fiscal year 2021-22.
d. Planning Services contract extension through June 30, 2022. The recommendations included in the Proposed Budget assume two full-time Planning positions (Supervising Planner and Assistant Planner). Currently, Planning Services are fully contracted out with exception of City Manager and Assistant to the City Manager support to Planning Commission and Design Review Committee support.
Given the fact that hiring process will take several month if approved by Council, the contract extension is needed to bridge the gap. The proposed contract extension is not to exceed $ 30,000 which will cover approximately three months of services. The budget will be absorbed by salary savings. The time of the contract is proposed through June 30, 2022 as the City may continue to use the consultant for specific larger projects. Staff will return to Council on August 9th with proposed updated planning fees, which will propose direct pass through of fee for outside planning consultants. Staff will return with future budget amendments as necessary.
III. ALTERNATIVES:
City Council could provide staff with alternate direction including:
1. Shorter timeframes for extensions.
2. Issuance of RFPs or sole sourcing for longer periods of time.
IV. FISCAL IMPACT:
There is no additional fiscal impact over and above the Proposed FY 2021 -22 Budget.
V. ATTACHMENTS
Attachment A – Marketing Scope of Work Proposal
Attachment B – Information Technology Services Scope of Work Proposal Attachment C – Building Services Scope of Work Proposal Attachment D – Planning Services Scope of Work Proposal DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 579
City of Solvang
Professional Services Contract
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so.
Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “ Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $ 1,000,000 per occurrence and in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $ 1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’ s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state- approved policy form providing statutory benefits as required by law with employer’ s liability limits no less than $1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $ 1,000,000 per claim and in the aggregate.
The policy must “ pay on behalf of” the insured and must include a provision establishing the insurer’ s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 580
City of Solvang
Professional Services Contract
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’ s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. Consultant’ s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “ third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage ( e.g. elimination of contractual liability or reduction of discovery period) that may affect City’ s protection without City’ s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’ s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate( s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 581
City of Solvang
Professional Services Contract
11. If Consultant’ s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’ s insurance agent to this effect is acceptable. A certificate of insurance and/ or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 582
City of Solvang
Professional Services Contract
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used between itself and its sub- consultants reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
DocuSign Envelope ID: 28995A59- 4BF6-4A5F-9EE5-DCCC622BB6B2 583
Agenda Item: 4.o
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: July 11, 2022
SUBJECT: Approve Resolution Cancelling Regular City Council Meeting on July 25 2022
RECOMMENDATION:
Approve resolution 22-1188 cancelling regular City Council meeting on July 25, 2022 DUSCUSSION:
The City Council sets annual schedule of regular City Council meetings for each calendar year. Regular City Council meetings are held on second and forth Monday of the month at 6:30 pm. With the beginning of new fiscal year and recently adopted budget setting work programs for City operations, staff is working on kicking-off the newly established work programs and projects. There are no items requiring Council direction scheduled for June 25, 2022 at this time. Staff recommends cancelling the meeting on July 25 2022.
ALTERNATIVES:
City Council may direct staff to place items on July 25, 2022 regular Council meeting agenda at Council discreation.
FISCAL IMPACT:
There is no fiscal impact. T
ATTACHMENTS:
A – Resolution
584
RESOLUTION NO. 22-1188
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOLVANG CALIFORNIA CANCELLING THE JULY 25, 2022 REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF SOLVANG
WHEREAS, Solvang Municipal Code 1-4-2 provides that the City Council shall hold meetings as established by resolution of the City Council; and WHEREAS, the City Council of the City of Solvang, California holds regular meetings on the second and fourth Mondays of every month; and
WHEREAS, staff recommends that the second July meeting of the City Council be cancelled; and
WHEREAS, the Council may still act to cancel additional regular meetings, or schedule additional special meetings, at a future juncture if it deems it necessary or desirable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council does hereby cancel the regular meeting of the City Council scheduled for July 25, 2022.
SECTION 2. That this resolution shall be effective immediately upon adoption.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 11th day of July, 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 585
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 22-1188 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 11th day of July 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
586
Agenda Item: 5
Solvang City Council STAFF REPORT
PREPARED BY: Jason Banta, Accounting Supervisor
MEETING DATE: July 11, 2022
SUBJECT: Adopt Resolution No 22-1185 Amending the Appropriation Limit for Fiscal Year 2022-2023 a Pursuant to Article XIII B of the California Constitution.
RECOMMENDATION:
Adopt Resolution 22-1185 a Resolution of the City Council of the City of Solvang Amending the Appropriation Limit for Fiscal Year 2022-2023 pursuant to Article XIII B of the California Constitution DISCUSSION:
The Appropriation Limit imposed by Proposition 4 and 111 creates a restriction of the amount of revenue that can be appropriated in any fiscal year. The limit is based on the actual appropriation during the 1978-79 fiscal year, and is increased each year thereafter, using the growth of population and inflation. Each city must now conduct a review of their Appropriation Limit during their annual financial audit.
Per the California Department of Finance (DOF), Solvang’s population decreased by 0.30% this past year. Historically, the percentage change of the per capita personal income is used as the cost of living factor, and for fiscal year 2022-2023, the amount is 7.55% as determined by the DOF.
The calculation in the table below shows our growth factor to be 1.0723000. This factor, when applied to last year’s appropriation limit, calculates to an increase of $1,581,846 from $21,878,920 in FY 2021-22 to $23,460,766 for FY 2022-23. Based on the FY 2022-23 anticipated $10.98 M General Fund Revenues, we are well below our Appropriations Limit.
Fiscal
Year
Per Capita
Personal
Income
(CPI)
Change
Population
Change (%)
Growth Factor
Combination (CPI X
Population Change)
Appropriation Limit
General Fund
2021-22 5.73% -0.46% 1.0524364 $ 21,878,920
2022-23 7.55% -0.30% 1.0723000 $ 23,460,766
ALTERNATIVES:
None
FISCAL IMPACT:
None
ATTACHMENTS:
A. Resolution No. 22-1185
B. California Department of Finance Price and Population Information 587
RESOLUTION NO. 22-1185
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SOLVANG CALIFORNIA AMENDING THE APPROPRIATION
LIMIT FOR FISCAL YEAR 2022-23 PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION
WHEREAS, Article XIII B of the California Constitution provides that the total annual appropriations subject to limitation of each governmental entity, including this City, shall not exceed the appropriation limit of such entity of government for the prior year adjusted for changes in the cost of living or personal income and population, except as otherwise provided for in said Article XIII and implementing State Statues; and WHEREAS, pursuant to said Article XIII B of said California Constitution, and Section 7900 et seq. of the California Government Code, the City is required to set its appropriation limit for each fiscal year; and
WHEREAS, the Director of Administrative Services of the City of Solvang has interpreted the technical provisions of said Proposition 4 computations and has caused a technical review to be made of the documentation for the City's said appropriation limitation, and has caused changes in the appropriation limit for fiscal year 2022-2023; and WHEREAS, based on such calculations the Director of Administrative Services has determined the said appropriation limit and, pursuant to Section 7910 of said California Government Code, has made available to the public the documentation used in the determination of said appropriation limit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. that said appropriation limit for fiscal year 2022-2023 shall be set in the amount of $23,460,766.
SECTION 2. That this resolution shall be effective immediately upon adoption.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 11th day of July, 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 588
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 22-1185 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 11th day of July 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
589
: http://leginfo.legislature.ca.gov/faces/codes.xhtml.
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.
Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
KEELY MARTIN BOSLER
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
590
May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:
Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 591
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Alameda
Alameda
Albany
Berkeley
Dublin
Emeryville
Fremont
Hayward
Livermore
Newark
Oakland
Piedmont
Pleasanton
San Leandro
Union City
Unincorporated
-0.62
5.38 2.72
-0.31
-0.95
0.26 -0.71
-1.42
0.15 -1.31
-1.45
-1.67
-1.69
-1.66
-1.59
76,855
20,542
121,269
71,930
12,617
228,872
161,744
87,388
47,157
430,100
11,138
78,924
89,926
69,301
151,853
76,377
21,648
124,563
71,706
12,497
229,476
160,591
86,149
47,229
424,464
10,977
77,609
88,404
68,150
149,445
77,784
21,648
124,563
72,932
12,497
229,476
160,591
86,149
47,229
424,464
10,977
77,609
88,404
68,150
149,506
County Total -0.62 1,659,616 1,649,285 1,651,979
592
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Alpine
Unincorporated 0.42 1,195 1,200 1,200
County Total 0.42 1,195 1,200 1,200
593
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Amador
Amador -1.04 193 191 191
Ione 4.15 4,863 5,065 8,888
Jackson 0.00 5,028 5,028 5,028
Plymouth -1.04 1,056 1,045 1,045
Sutter Creek -0.76 2,640 2,620 2,620
Unincorporated -0.49 22,602 22,491 22,525
County Total 0.16 36,382 36,440 40,297
594
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Butte
Biggs -1.77 1,974 1,939 1,939
Chico 0.52 102,359 102,892 102,892
Gridley -2.81 7,413 7,205 7,205
Oroville -6.24 20,119 18,863 18,863
Paradise 25.55 6,137 7,705 7,705
Unincorporated -8.21 68,638 63,004 63,004
County Total -2.44 206,640 201,608 201,608
595
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Calaveras
Angels City -0.49 3,641 3,623 3,623
Unincorporated -0.39 41,525 41,363 41,426
County Total -0.40 45,166 44,986 45,049
596
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Colusa
Colusa 0.42 6,356 6,383 6,383
Williams 0.60 5,530 5,563 5,563
Unincorporated -0.26 9,887 9,861 9,861
County Total 0.16 21,773 21,807 21,807
597
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
Contra Costa
Antioch -0.06 115,142 115,074 115,074
Brentwood 0.18 64,224 64,342 64,342
Clayton -0.92 10,964 10,863 10,863
Concord -0.90 124,755 123,634 123,634
Danville -0.05 43,373 43,352 43,352
El Cerrito -0.08 25,671 25,650 25,650
Hercules -1.01 26,357 26,091 26,091
Lafayette -0.61 25,217 25,064 25,064
Martinez -0.77 37,195 36,908 36,908
Moraga -0.59 17,206 17,105 17,105
Oakley 2.08 43,627 44,533 44,533
Orinda -0.09 19,496 19,478 19,478
Pinole -1.01 18,819 18,628 18,628
Pittsburg -0.83 75,788 75,156 75,156
Pleasant Hill -0.90 34,335 34,026 34,026
Richmond -0.13 114,643 114,489 114,489
San Pablo -0.89 31,793 31,510 31,510
San Ramon -0.48 84,226 83,820 83,820
Walnut Creek -0.96 70,566 69,891 69,891
Unincorporated -0.55 177,843 176,857 176,941
County Total -0.41 1,161,240 1,156,471 1,156,555
598
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Del Norte
Crescent City -0.88 4,111 4,075 6,060
Unincorporated -0.50 21,219 21,112 21,158
County Total -0.56 25,330 25,187 27,218
599
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
El Dorado
Placerville 0.09 10,636 10,646 10,646
South Lake Tahoe -1.44 21,508 21,199 21,199
Unincorporated -0.19 158,845 158,538 158,620
County Total -0.32 190,989 190,383 190,465
600
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Fresno
Clovis
Coalinga
Firebaugh
Fowler
Fresno
Huron
Kerman
Kingsburg
Mendota
Orange Cove
Parlier
Reedley
Sanger
San Joaquin
Selma
Unincorporated
1.64 -0.69
3.37 1.44
0.17 -0.10
3.51 -0.22
-0.47
-0.59
-0.38
0.21 -0.96
-0.95
-0.73
-0.80
121,667
13,453
8,164
6,863
542,416
6,176
16,074
12,533
12,499
9,553
14,553
24,929
26,558
3,674
24,702
160,081
123,665
13,360
8,439
6,962
543,346
6,170
16,639
12,506
12,440
9,497
14,497
24,982
26,304
3,639
24,522
158,799
123,665
17,277
8,439
6,962
543,660
6,170
16,639
12,506
12,440
9,497
14,497
24,982
26,304
3,639
24,522
160,074
County Total 0.19 1,003,895 1,005,767 1,011,273
601
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Glenn
Orland -0.63 8,319 8,267 8,267
Willows 1.29 6,345 6,427 6,427
Unincorporated -0.48 14,124 14,056 14,056
County Total -0.13 28,788 28,750 28,750
602
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Humboldt
Arcata
Blue Lake
Eureka
Ferndale
Fortuna
Rio Dell
Trinidad
Unincorporated
2.42 -1.20
-1.35
-0.65
-0.73
-1.12
-1.33
-0.29
17,633
1,165
27,134
1,376
12,523
3,380
300
71,953
18,059
1,151
26,768
1,367
12,432
3,342
296
71,743
18,059
1,151
26,768
1,367
12,432
3,342
296
71,753
County Total -0.23 135,464 135,158 135,168
603
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Imperial
Brawley
Calexico
Calipatria
El Centro
Holtville
Imperial
Westmorland
Unincorporated
1.14 -0.50
-1.55
-0.81
1.11 3.65
-0.64
-1.22
26,648
38,906
3,539
44,871
5,504
20,755
2,017
30,917
26,952
38,711
3,484
44,508
5,565
21,513
2,004
30,541
26,952
38,711
6,367
44,508
5,565
21,513
2,004
33,709
County Total 0.07 173,157 173,278 179,329
604
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Inyo
Bishop 0.03 3,868 3,869 3,869
Unincorporated -0.05 15,058 15,050 15,109
County Total -0.04 18,926 18,919 18,978
605
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Kern
Arvin
Bakersfield
California City
Delano
Maricopa
McFarland
Ridgecrest
Shafter
Taft
Tehachapi
Wasco
Unincorporated
-0.98
0.67 -1.00
0.56 -0.97
-0.94
0.21 2.69
0.44 -0.47
-0.06
-0.86
19,833
406,129
12,927
43,906
1,028
14,034
27,363
19,950
6,980
9,346
22,723
305,655
19,639
408,865
12,798
44,152
1,018
13,902
27,421
20,486
7,011
9,302
22,710
303,036
19,639
408,865
14,952
51,258
1,018
13,902
28,061
20,486
7,011
12,375
26,689
305,557
County Total 0.05 889,874 890,340 909,813
606
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Kings
Avenal -0.75 9,417 9,346 13,186
Corcoran -0.74 13,574 13,474 22,047
Hanford -0.42 58,544 58,299 58,299
Lemoore -0.61 27,225 27,058 27,058
Unincorporated -1.02 25,218 24,961 31,433
County Total -0.63 133,978 133,138 152,023
607
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Lake
Clearlake -0.97 16,671 16,509 16,509
Lakeport 2.06 4,898 4,999 4,999
Unincorporated -0.35 46,016 45,857 45,899
County Total -0.33 67,585 67,365 67,407
608
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Lassen
Susanville 1.06 9,677 9,780 13,212
Unincorporated 0.14 15,550 15,571 17,062
County Total 0.49 25,227 25,351 30,274
609
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
Los Angeles
Agoura Hills -1.02 19,975 19,771 19,771
Alhambra -0.42 82,182 81,834 81,834
Arcadia -0.54 56,240 55,934 55,934
Artesia -0.74 16,261 16,140 16,226
Avalon -0.99 3,428 3,394 3,394
Azusa -0.97 50,191 49,704 49,704
Baldwin Park -0.84 71,455 70,855 70,855
Bell -1.00 33,962 33,624 33,624
Bellflower -0.96 78,107 77,359 77,359
Bell Gardens -1.03 39,265 38,861 38,861
Beverly Hills -0.92 32,565 32,265 32,265
Bradbury -1.09 914 904 904
Burbank -0.77 106,268 105,451 105,451
Calabasas -0.97 23,151 22,926 22,926
Carson -0.59 92,912 92,362 92,362
Cerritos -1.08 49,163 48,634 48,634
Claremont -0.78 37,364 37,072 37,072
Commerce -1.08 12,273 12,140 12,140
Compton -1.08 95,261 94,233 94,233
Covina -0.95 50,933 50,449 50,449
Cudahy -0.92 22,526 22,318 22,318
Culver City -0.48 40,330 40,135 40,135
Diamond Bar -1.06 54,782 54,204 54,204
Downey -0.83 113,525 112,584 112,584
Duarte -1.00 21,473 21,258 21,258
El Monte -0.94 108,728 107,706 107,706
El Segundo -0.93 17,244 17,084 17,084
Gardena -0.72 60,382 59,947 59,947
Glendale -0.77 194,618 193,116 193,116
Glendora -0.95 52,316 51,821 51,821
Hawaiian Gardens -0.99 13,755 13,619 13,619
Hawthorne -1.00 87,722 86,841 86,841
Hermosa Beach -1.09 19,382 19,171 19,171
Hidden Hills 0.12 1,736 1,738 1,738
Huntington Park -1.06 54,519 53,942 53,942
Industry -0.45 440 438 438
Inglewood -0.62 107,143 106,481 106,481
Irwindale 0.54 1,482 1,490 1,490
610
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
La Canada Flintridge -1.03 20,291 20,081 20,081
La Habra Heights -1.08 5,655 5,594 5,594
Lakewood -0.99 81,681 80,876 80,876
La Mirada -0.77 49,074 48,696 48,696
Lancaster -0.62 172,298 171,234 175,164
La Puente -0.10 37,626 37,587 37,587
La Verne -0.93 32,608 32,304 32,304
Lawndale -1.07 31,638 31,301 31,301
Lomita -1.05 20,851 20,633 20,633
Long Beach 0.20 459,711 460,636 460,682
Los Angeles -0.88 3,851,093 3,817,053 3,819,538
Lynwood -0.80 67,260 66,723 66,723
Malibu -0.49 10,739 10,686 10,686
Manhattan Beach -1.29 35,357 34,902 34,902
Maywood -0.87 25,033 24,814 24,814
Monrovia -0.65 37,809 37,563 37,563
Montebello -0.90 62,180 61,622 61,622
Monterey Park -1.00 60,814 60,207 60,207
Norwalk -0.56 101,517 100,946 101,645
Palmdale -0.89 168,895 167,398 167,398
Palos Verdes Estates -1.04 13,116 12,980 12,980
Paramount -1.00 53,009 52,477 52,477
Pasadena -0.52 139,029 138,310 138,310
Pico Rivera -0.62 61,827 61,442 61,442
Pomona 0.60 148,879 149,766 149,766
Rancho Palos Verdes -0.98 41,861 41,451 41,468
Redondo Beach -1.10 69,742 68,972 68,972
Rolling Hills -1.12 1,703 1,684 1,684
Rolling Hills Estates 0.07 8,283 8,289 8,289
Rosemead -0.61 50,823 50,511 50,511
San Dimas -0.86 34,651 34,352 34,352
San Fernando 0.00 23,520 23,519 23,519
San Gabriel -1.03 39,250 38,845 38,845
San Marino -0.62 12,334 12,257 12,257
Santa Clarita 0.33 228,084 228,835 228,835
Santa Fe Springs 1.05 18,523 18,718 18,763
Santa Monica -0.89 93,242 92,408 92,408
Sierra Madre -0.86 10,959 10,865 10,865
Signal Hill -0.90 11,702 11,597 11,597
South El Monte 0.70 19,532 19,668 19,668
611
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
South Gate
South Pasadena
Temple City
Torrance
Vernon
0.51 -1.00
-0.64
-0.99
-0.95
92,783
26,849
36,497
145,876
210
93,259
26,580
36,262
144,433
208
93,259
26,580
36,262
144,433
208
Walnut
West Covina
West Hollywood
Westlake Village
Whittier
Unincorporated
-0.88
-0.96
-0.43
-0.96
0.05 -0.67
28,344
109,290
35,553
8,121
87,886
1,016,054
28,094
108,243
35,399
8,043
87,931
1,009,225
28,094
108,243
35,399
8,043
87,931
1,009,857
County Total -0.71 9,923,635 9,853,284 9,861,224
612
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Madera
Chowchilla -0.51 13,680 13,610 18,851
Madera -0.69 66,299 65,843 65,843
Unincorporated 1.43 71,674 72,702 72,702
County Total 0.33 151,653 152,155 157,396
613
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Marin
Belvedere
Corte Madera
Fairfax
Larkspur
Mill Valley
Novato
Ross
San Anselmo
San Rafael
Sausalito
Tiburon
Unincorporated
-1.09
-1.17
-1.04
-1.28
-1.09
-1.06
-1.24
-0.99
-1.01
-1.22
-1.20
-1.21
2,103
10,147
7,496
12,963
14,002
52,720
2,330
12,772
61,179
7,159
9,065
64,601
2,080
10,028
7,418
12,797
13,850
52,162
2,301
12,645
60,560
7,072
8,956
63,817
2,080
10,028
7,418
12,797
13,850
52,441
2,301
12,645
60,560
7,072
8,956
66,987
County Total -1.11 256,537 253,686 257,135
614
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Mariposa
Unincorporated -0.20 17,018 16,984 17,045
County Total -0.20 17,018 16,984 17,045
615
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Mendocino
Fort Bragg 1.26 7,064 7,153 7,153
Point Arena -0.67 446 443 443
Ukiah -0.91 16,228 16,080 16,080
Willits -0.79 4,959 4,920 4,920
Unincorporated -0.97 61,958 61,355 61,403
County Total -0.78 90,655 89,951 89,999
616
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Merced
Atwater
Dos Palos
Gustine
Livingston
Los Banos
Merced
Unincorporated
-1.15
-2.06
-1.92
0.49 1.02
0.97 1.91
32,019
5,835
6,098
14,340
46,168
88,200
88,173
31,652
5,715
5,981
14,410
46,639
89,058
89,856
31,652
5,715
5,981
14,410
46,639
89,058
90,883
County Total 0.88 280,833 283,311 284,338
617
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Modoc
Alturas 1.00 2,699 2,726 2,726
Unincorporated 0.96 5,907 5,964 5,964
County Total 0.98 8,606 8,690 8,690
618
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Mono
Mammoth Lakes 0.56 7,324 7,365 7,365
Unincorporated 0.67 5,843 5,882 6,014
County Total 0.61 13,167 13,247 13,379
619
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Monterey
Carmel-By-The-Sea
Del Rey Oaks
Gonzales
Greenfield
King City
Marina
Monterey
Pacific Grove
Salinas
Sand City
Seaside
Soledad
Unincorporated
-1.74
-1.22
-1.79
4.97 -1.08
0.87 -1.69
-1.21
-1.14
-1.59
2.64 -1.15
-1.32
3,095
1,558
8,492
18,705
13,476
21,271
24,283
14,942
161,777
378
26,891
19,226
105,741
3,041
1,539
8,340
19,634
13,331
21,457
23,872
14,761
159,932
372
27,600
19,004
104,341
3,041
1,539
8,340
19,634
13,331
21,457
28,082
14,761
159,932
372
32,068
26,308
104,851
County Total -0.62 419,835 417,224 433,716
620
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Napa
American Canyon 0.43 21,566 21,658 21,658
Calistoga -1.59 5,283 5,199 5,199
Napa -0.98 78,246 77,480 77,480
St Helena -1.52 5,521 5,437 5,437
Yountville -1.68 2,259 2,221 2,829
Unincorporated -1.60 22,884 22,517 23,576
County Total -0.92 135,759 134,512 136,179
621
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Nevada
Grass Valley -0.39 13,670 13,617 13,617
Nevada City -1.54 3,386 3,334 3,334
Truckee 0.38 17,035 17,100 17,100
Unincorporated -0.94 67,784 67,144 67,191
County Total -0.67 101,875 101,195 101,242
622
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
Orange
Aliso Viejo -0.88 51,233 50,782 50,782
Anaheim -0.97 344,587 341,228 341,245
Brea -0.48 47,097 46,872 46,872
Buena Park -0.64 83,968 83,430 83,430
Costa Mesa -0.70 112,183 111,394 111,394
Cypress -0.44 50,029 49,810 49,810
Dana Point -0.33 33,053 32,943 32,943
Fountain Valley -0.88 57,068 56,564 56,564
Fullerton 0.53 141,974 142,732 142,732
Garden Grove -0.44 171,284 170,526 170,526
Huntington Beach -0.77 197,616 196,100 196,100
Irvine 2.99 301,254 310,250 310,250
Laguna Beach -0.68 22,862 22,706 22,706
Laguna Hills -0.86 31,017 30,750 30,750
Laguna Niguel -0.88 64,885 64,316 64,316
Laguna Woods -0.88 17,670 17,514 17,514
La Habra -0.84 62,317 61,792 61,792
Lake Forest 0.43 86,406 86,775 86,775
La Palma -0.85 15,463 15,332 15,332
Los Alamitos -0.18 11,895 11,873 11,873
Mission Viejo -0.70 93,171 92,515 92,515
Newport Beach -0.87 84,459 83,727 83,727
Orange 0.10 137,534 137,676 137,676
Placentia -0.62 51,522 51,204 51,204
Rancho Santa Margarita -0.89 47,703 47,279 47,279
San Clemente -0.78 63,877 63,380 63,380
San Juan Capistrano -0.31 34,907 34,798 34,798
Santa Ana -0.93 311,340 308,459 308,459
Seal Beach -0.80 24,418 24,222 24,846
Stanton 2.59 38,284 39,275 39,275
Tustin -0.78 80,157 79,535 79,535
Villa Park -0.89 5,834 5,782 5,782
Westminster -0.46 90,812 90,393 90,393
Yorba Linda -0.78 67,760 67,233 67,233
Unincorporated -0.65 133,302 132,437 132,437
County Total -0.23 3,168,941 3,161,604 3,162,245
623
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Placer
Auburn
Colfax
Lincoln
Loomis
Rocklin
Roseville
Unincorporated
-1.36
1.29 1.65
-1.38
0.03 1.51
-1.16
13,795
2,016
50,422
6,833
71,644
148,794
114,013
13,608
2,042
51,252
6,739
71,663
151,034
112,687
13,608
2,042
51,252
6,739
71,663
151,034
112,687
County Total 0.37 407,517 409,025 409,025
624
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Plumas
Portola 0.74 2,027 2,042 2,042
Unincorporated -3.69 17,547 16,900 16,900
County Total -3.23 19,574 18,942 18,942
625
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
Riverside
Banning 0.81 30,629 30,877 30,877
Beaumont 0.69 54,313 54,690 54,690
Blythe -0.74 12,845 12,750 17,505
Calimesa 3.37 10,544 10,899 10,899
Canyon Lake -0.82 11,147 11,056 11,056
Cathedral City -0.10 51,859 51,809 51,840
Coachella -0.05 42,178 42,158 42,158
Corona -0.08 156,901 156,778 156,778
Desert Hot Springs 0.07 32,546 32,569 32,569
Eastvale -0.73 70,444 69,929 69,929
Hemet -0.20 89,823 89,646 89,646
Indian Wells -0.19 4,771 4,762 4,762
Indio 0.31 88,862 89,137 89,137
Jurupa Valley -0.03 105,415 105,384 105,384
Lake Elsinore 1.02 70,746 71,470 71,615
La Quinta -0.23 37,949 37,860 37,860
Menifee 2.90 103,617 106,627 106,627
Moreno Valley -0.09 209,603 209,407 209,407
Murrieta -0.44 111,671 111,183 111,183
Norco -1.24 22,499 22,219 24,909
Palm Desert -0.17 50,976 50,889 50,889
Palm Springs -0.39 44,570 44,397 44,397
Perris -0.55 79,327 78,890 78,890
Rancho Mirage 0.92 16,650 16,804 16,804
Riverside 1.62 312,730 317,788 317,847
San Jacinto 0.17 54,503 54,593 54,593
Temecula -0.42 110,394 109,925 109,925
Wildomar -0.80 36,928 36,632 36,632
Unincorporated 0.87 393,021 396,441 396,717
County Total 0.42 2,417,461 2,427,569 2,435,525
626
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Sacramento
Citrus Heights
Elk Grove
Folsom
Galt
Isleton
Rancho Cordova
Sacramento
Unincorporated
-1.01
0.11 1.33
-0.57
-1.27
1.03 -0.05
-0.86
87,245
176,769
78,714
25,383
790
79,536
518,322
609,504
86,367
176,972
79,758
25,239
780
80,359
518,037
604,272
86,367
176,972
84,592
25,239
780
80,359
518,037
604,272
County Total -0.28 1,576,263 1,571,784 1,576,618
627
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
San Benito
Hollister 1.51 41,919 42,554 42,554
San Juan Bautista -1.27 2,120 2,093 2,093
Unincorporated 0.49 20,730 20,832 20,832
County Total 1.10 64,769 65,479 65,479
628
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
San Bernardino
Adelanto -0.58 36,569 36,357 36,357
Apple Valley -0.70 76,160 75,628 75,628
Barstow -0.56 24,996 24,855 25,202
Big Bear Lake -0.26 5,054 5,041 5,041
Chino 1.75 86,713 88,228 91,998
Chino Hills -0.60 78,437 77,964 77,964
Colton -0.44 53,853 53,617 53,617
Fontana 1.39 209,889 212,809 212,809
Grand Terrace -0.68 13,131 13,042 13,042
Hesperia 0.10 100,225 100,324 100,324
Highland -0.65 56,915 56,546 56,546
Loma Linda 0.18 25,269 25,314 25,349
Montclair -0.54 38,052 37,846 37,846
Needles -0.79 4,915 4,876 4,876
Ontario 1.60 176,689 179,516 179,516
Rancho Cucamonga 0.00 174,484 174,476 174,476
Redlands -0.48 72,933 72,585 72,585
Rialto -0.09 104,050 103,954 103,954
San Bernardino -0.55 220,768 219,544 220,840
Twentynine Palms -0.77 15,895 15,772 27,685
Upland 0.31 78,891 79,139 79,139
Victorville 0.82 131,522 132,597 136,561
Yucaipa -0.61 54,830 54,494 54,494
Yucca Valley -0.15 21,846 21,813 21,813
Unincorporated -0.46 292,872 291,532 300,003
County Total 0.14 2,154,958 2,157,869 2,187,665
629
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
San Diego
Carlsbad -0.08 115,680 115,585 115,585
Chula Vista -0.05 276,660 276,521 276,785
Coronado -0.84 16,936 16,793 22,277
Del Mar -0.71 3,957 3,929 3,929
El Cajon -0.76 106,447 105,638 105,638
Encinitas -0.34 61,724 61,515 61,515
Escondido -0.47 151,389 150,679 150,679
Imperial Beach -0.78 26,448 26,243 26,243
La Mesa -0.22 60,608 60,472 60,472
Lemon Grove -0.66 27,422 27,242 27,242
National City -0.50 56,809 56,525 61,471
Oceanside -0.51 173,932 173,048 173,048
Poway -0.19 48,850 48,759 48,759
San Diego 0.13 1,353,921 1,355,685 1,374,790
San Marcos 0.67 92,958 93,585 93,585
Santee -0.22 59,146 59,015 59,015
Solana Beach -0.75 12,909 12,812 12,812
Vista 0.76 99,536 100,291 100,291
Unincorporated -0.35 480,946 479,246 513,170
County Total -0.08 3,226,278 3,223,583 3,287,306
630
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
San Francisco
San Francisco -0.79 849,259 842,529 842,754
County Total -0.79 849,259 842,529 842,754
631
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
San Joaquin
Escalon
Lathrop
Lodi
Manteca
Ripon
Stockton
Tracy
Unincorporated
-1.04
6.63 0.64
2.19 -1.13
-0.39
0.98 -0.14
7,439
29,384
66,145
84,995
16,162
321,525
93,624
158,998
7,362
31,331
66,570
86,859
15,979
320,268
94,538
158,781
7,362
31,331
66,570
86,859
15,979
322,489
94,538
159,170
County Total 0.44 778,272 781,688 784,298
632
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
San Luis Obispo
Arroyo Grande
Atascadero
El Paso De Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo
Unincorporated
-1.29
-1.43
-1.53
-1.34
-1.62
-1.41
0.24 1.94
18,533
29,860
31,659
12,879
10,638
8,095
47,541
116,466
18,294
29,434
31,176
12,707
10,466
7,981
47,653
118,720
18,294
30,480
31,176
12,707
10,466
7,981
47,653
121,964
County Total 0.28 275,671 276,431 280,721
633
Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
San Mateo
Atherton -1.29 6,806 6,718 6,718
Belmont -1.39 27,587 27,203 27,203
Brisbane -1.42 4,789 4,721 4,721
Burlingame -1.36 30,699 30,283 30,283
Colma -1.51 1,391 1,370 1,370
Daly City -1.02 103,930 102,875 102,875
East Palo Alto -1.56 29,423 28,963 28,963
Foster City -0.81 33,325 33,056 33,056
Half Moon Bay -1.34 11,462 11,308 11,308
Hillsborough -0.83 11,110 11,018 11,018
Menlo Park -1.36 33,377 32,924 33,034
Millbrae -1.29 22,807 22,512 22,512
Pacifica -1.46 38,088 37,533 37,533
Portola Valley -1.52 4,355 4,289 4,289
Redwood City 0.70 81,771 82,344 82,344
San Bruno -1.19 43,169 42,656 42,656
San Carlos -1.22 30,207 29,837 29,837
San Mateo -0.90 104,719 103,779 103,779
South San Francisco -0.92 65,090 64,492 64,492
Woodside -1.12 5,271 5,212 5,212
Unincorporated -1.01 62,088 61,459 61,459
County Total -0.92 751,464 744,552 744,662
634
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Santa Barbara
Buellton
Carpinteria
Goleta
Guadalupe
Lompoc
Santa Barbara
Santa Maria
Solvang
Unincorporated
-2.51
-2.29
-2.17
-0.90
-2.11
-2.16
-0.95
-2.54
4.47 5,185
13,267
33,315
8,622
41,966
88,479
110,969
5,858
130,861
5,055
12,963
32,591
8,544
41,079
86,571
109,910
5,709
136,711
5,055
12,963
32,591
8,544
43,845
86,591
109,910
5,709
139,956
County Total 0.14 438,522 439,133 445,164
635
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Santa Clara
Campbell
Cupertino
Gilroy
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Morgan Hill
Mountain View
Palo Alto
San Jose
Santa Clara
Saratoga
Sunnyvale
Unincorporated
-0.59
-0.46
-0.21
-0.39
-0.17
-0.39
0.69 0.87
-0.38
0.89 0.07
-1.48
0.78 -0.34
0.58 -0.62
43,086
59,884
59,396
31,651
8,414
33,193
80,287
3,458
46,626
83,128
67,407
991,144
129,122
30,772
155,326
83,985
42,833
59,610
59,269
31,526
8,400
33,062
80,839
3,488
46,451
83,864
67,454
976,482
130,127
30,667
156,234
83,464
42,833
59,610
59,269
31,526
8,400
33,062
80,839
3,488
46,451
83,864
67,473
976,482
130,127
30,667
156,234
84,458
County Total -0.69 1,906,879 1,893,770 1,894,783
636
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Santa Cruz
Capitola -3.14 10,112 9,794 9,794
Santa Cruz 11.25 57,594 64,075 64,075
Scotts Valley -2.89 12,407 12,049 12,049
Watsonville -2.83 52,147 50,669 50,669
Unincorporated -3.21 134,251 129,935 129,977
County Total 0.00 266,511 266,522 266,564
637
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Shasta
Anderson -0.83 11,181 11,088 11,088
Redding -0.98 93,742 92,826 92,963
Shasta Lake -0.79 10,318 10,237 10,237
Unincorporated -0.60 66,596 66,196 66,243
County Total -0.82 181,837 180,347 180,531
638
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Sierra
Loyalton 0.00 737 737 737
Unincorporated 0.16 2,488 2,492 2,492
County Total 0.12 3,225 3,229 3,229
639
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Siskiyou
Dorris
Dunsmuir
Etna
Fort Jones
Montague
Mount Shasta
Tulelake
Weed
Yreka
Unincorporated
-1.40
-1.41
-1.46
-1.44
-1.38
-1.32
-1.45
0.07 -0.06
-0.03
859
1,705
684
694
1,232
3,247
899
2,826
7,777
24,003
847
1,681
674
684
1,215
3,204
886
2,828
7,772
23,996
847
1,681
674
684
1,215
3,204
886
2,828
7,772
24,039
County Total -0.32 43,926 43,787 43,830
640
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Solano
Benicia
Dixon
Fairfield
Rio Vista
Suisun City
Vacaville
Vallejo
Unincorporated
-1.26
-0.06
-0.15
-0.36
-1.26
-0.20
-0.98
-1.07
26,995
19,094
115,571
9,961
29,266
96,104
124,410
17,780
26,656
19,083
115,396
9,925
28,896
95,911
123,190
17,590
26,656
19,083
119,897
9,925
28,896
101,257
123,190
18,337
County Total -0.58 439,181 436,647 447,241
641
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Sonoma
Cloverdale
Cotati
Healdsburg
Petaluma
Rohnert Park
Santa Rosa
Sebastopol
Sonoma
Windsor
Unincorporated
-1.37
-1.53
-1.29
-1.36
-0.65
-0.91
-0.41
0.22 -0.73
0.54 9,029
7,512
11,174
59,756
44,287
177,396
7,520
10,755
26,134
130,546
8,905
7,397
11,030
58,945
43,998
175,775
7,489
10,779
25,942
131,253
8,905
7,397
11,030
58,945
43,998
175,775
7,489
10,779
25,942
132,144
County Total -0.54 484,109 481,513 482,404
642
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Stanislaus
Ceres
Hughson
Modesto
Newman
Oakdale
Patterson
Riverbank
Turlock
Waterford
Unincorporated
-0.77
0.00 -0.40
-0.67
-0.17
2.23 -0.61
-0.28
-0.81
-0.90
48,762
7,495
218,745
12,326
23,110
23,839
24,735
71,734
8,944
112,047
48,386
7,495
217,880
12,244
23,071
24,370
24,583
71,531
8,872
111,034
48,386
7,495
217,880
12,244
23,071
24,370
24,583
71,531
8,872
111,034
County Total -0.41 551,737 549,466 549,466
643
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Sutter
Live Oak 2.21 9,191 9,394 9,394
Yuba City 0.07 69,614 69,663 69,663
Unincorporated -0.07 20,103 20,088 20,088
County Total 0.24 98,908 99,145 99,145
644
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Tehama
Corning -0.70 8,157 8,100 8,100
Red Bluff -0.63 14,698 14,605 14,605
Tehama -0.70 427 424 424
Unincorporated -0.37 41,975 41,819 41,923
County Total -0.47 65,257 64,948 65,052
645
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Trinity
Unincorporated -0.19 16,012 15,981 16,023
County Total -0.19 16,012 15,981 16,023
646
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Tulare
Dinuba
Exeter
Farmersville
Lindsay
Porterville
Tulare
Visalia
Woodlake
Unincorporated
1.03 -0.47
-0.67
-0.46
-0.25
0.34 0.57
1.80 -0.09
24,872
10,305
10,308
12,624
62,314
69,229
141,279
7,513
135,342
25,127
10,257
10,239
12,566
62,156
69,462
142,091
7,648
135,224
25,127
10,257
10,239
12,566
62,345
69,462
142,091
7,648
135,279
County Total 0.21 473,786 474,770 475,014
647
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Tuolumne
Sonora 0.45 5,121 5,144 5,144
Unincorporated 0.84 47,539 47,937 50,147
County Total 0.80 52,660 53,081 55,291
648
County
City
Percent Change
2021-2022
--- Population Minus Exclusions ---
1-1-21 1-1-22
Total
Population
1-1-2022
Ventura
Camarillo
Fillmore
Moorpark
Ojai
Oxnard
Port Hueneme
San Buenaventura
Santa Paula
Simi Valley
Thousand Oaks
Unincorporated
-0.80
-1.27
-1.18
-0.76
-0.21
0.00 -1.45
0.86 -1.18
-1.11
0.66 70,739
16,681
35,821
7,523
200,480
19,662
109,763
30,629
126,478
125,995
91,444
70,171
16,469
35,399
7,466
200,050
19,662
108,174
30,892
124,985
124,592
92,049
70,171
16,469
35,399
7,466
200,050
21,599
108,231
30,892
124,985
124,592
93,798
County Total -0.64 835,215 829,909 833,652
649
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Yolo
Davis -2.73 66,687 64,869 64,869
West Sacramento -1.75 53,776 52,837 52,837
Winters 0.31 7,399 7,422 7,422
Woodland -1.41 60,999 60,137 60,137
Unincorporated 26.52 28,376 35,900 35,900
County Total 1.81 217,237 221,165 221,165
650
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
Yuba
Marysville -1.38 13,003 12,824 12,824
Wheatland -1.19 3,708 3,664 3,664
Unincorporated 0.80 63,065 63,567 65,787
County Total 0.35 79,776 80,055 82,275
651
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change
2021-22
--- Population
1-1-21
Minus Exclusions ---
1-1-22
Alameda
Incorporated
County Total
-0.53
-0.62
1,507,763
1,659,616
1,499,840
1,649,285
Alpine
Incorporated
County Total
0.00 0.42
0 1,195
0 1,200
Amador
Incorporated
County Total
1.23 0.16
13,780
36,382
13,949
36,440
Butte
Incorporated
County Total
0.44 -2.44
138,002
206,640
138,604
201,608
Calaveras
Incorporated
County Total
-0.49
-0.40
3,641
45,166
3,623
44,986
Colusa
Incorporated
County Total
0.50 0.16
11,886
21,773
11,946
21,807
Contra Costa
Incorporated
County Total
-0.38
-0.41
983,397
1,161,240
979,614
1,156,471
Del Norte
Incorporated
County Total
-0.88
-0.56
4,111
25,330
4,075
25,187
El Dorado
Incorporated
County Total
-0.93
-0.32
32,144
190,989
31,845
190,383
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 652
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change
2021-22
--- Population
1-1-21
Minus Exclusions ---
1-1-22
Fresno
Incorporated
County Total
0.37 0.19
843,814
1,003,895
846,968
1,005,767
Glenn
Incorporated
County Total
0.20 -0.13
14,664
28,788
14,694
28,750
Humboldt
Incorporated
County Total
-0.15
-0.23
63,511
135,464
63,415
135,158
Imperial
Incorporated
County Total
0.35 0.07
142,240
173,157
142,737
173,278
Inyo
Incorporated
County Total
0.03 -0.04
3,868
18,926
3,869
18,919
Kern
Incorporated
County Total
0.53 0.05
584,219
889,874
587,304
890,340
Kings
Incorporated
County Total
-0.54
-0.63
108,760
133,978
108,177
133,138
Lake
Incorporated
County Total
-0.28
-0.33
21,569
67,585
21,508
67,365
Lassen
Incorporated
County Total
1.06 0.49
9,677
25,227
9,780
25,351
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 653
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change
2021-22
--- Population
1-1-21
Minus Exclusions ---
1-1-22
Los Angeles
Incorporated
County Total
-0.71
-0.71
8,907,581
9,923,635
8,844,059
9,853,284
Madera
Incorporated
County Total
-0.66
0.33 79,979
151,653
79,453
152,155
Marin
Incorporated
County Total
-1.08
-1.11
191,936
256,537
189,869
253,686
Mariposa
Incorporated
County Total
0.00 -0.20
0 17,018
0 16,984
Mendocino
Incorporated
County Total
-0.35
-0.78
28,697
90,655
28,596
89,951
Merced
Incorporated
County Total
0.41 0.88
192,660
280,833
193,455
283,311
Modoc
Incorporated
County Total
1.00 0.98
2,699
8,606
2,726
8,690
Mono
Incorporated
County Total
0.56 0.61
7,324
13,167
7,365
13,247
Monterey
Incorporated
County Total
-0.39
-0.62
314,094
419,835
312,883
417,224
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 654
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change
2021-22
--- Population
1-1-21
Minus Exclusions ---
1-1-22
Napa
Incorporated
County Total
-0.78
-0.92
112,875
135,759
111,995
134,512
Nevada
Incorporated
County Total
-0.12
-0.67
34,091
101,875
34,051
101,195
Orange
Incorporated
County Total
-0.21
-0.23
3,035,639
3,168,941
3,029,167
3,161,604
Placer
Incorporated
County Total
0.97 0.37
293,504
407,517
296,338
409,025
Plumas
Incorporated
County Total
0.74 -3.23
2,027
19,574
2,042
18,942
Riverside
Incorporated
County Total
0.33 0.42
2,024,440
2,417,461
2,031,128
2,427,569
Sacramento
Incorporated
County Total
0.08 -0.28
966,759
1,576,263
967,512
1,571,784
San Benito
Incorporated
County Total
1.38 1.10
44,039
64,769
44,647
65,479
San Bernardino
Incorporated
County Total
0.23 0.14
1,862,086
2,154,958
1,866,337
2,157,869
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 655
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change
2021-22
--- Population
1-1-21
Minus Exclusions ---
1-1-22
San Diego
Incorporated
County Total
-0.04
-0.08
2,745,332
3,226,278
2,744,337
3,223,583
San Francisco
Incorporated
County Total
-0.79
-0.79
849,259
849,259
842,529
842,529
San Joaquin
Incorporated
County Total
0.59 0.44
619,274
778,272
622,907
781,688
San Luis Obispo
Incorporated
County Total
-0.94
0.28 159,205
275,671
157,711
276,431
San Mateo
Incorporated
County Total
-0.91
-0.92
689,376
751,464
683,093
744,552
Santa Barbara
Incorporated
County Total
-1.70
0.14 307,661
438,522
302,422
439,133
Santa Clara
Incorporated
County Total
-0.69
-0.69
1,822,894
1,906,879
1,810,306
1,893,770
Santa Cruz
Incorporated
County Total
3.27 0.00
132,260
266,511
136,587
266,522
Shasta
Incorporated
County Total
-0.95
-0.82
115,241
181,837
114,151
180,347
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 656
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change
2021-22
--- Population
1-1-21
Minus Exclusions ---
1-1-22
Sierra
Incorporated
County Total
0.00 0.12
737
3,225
737
3,229
Siskiyou
Incorporated
County Total
-0.66
-0.32
19,923
43,926
19,791
43,787
Solano
Incorporated
County Total
-0.56
-0.58
421,401
439,181
419,057
436,647
Sonoma
Incorporated
County Total
-0.93
-0.54
353,563
484,109
350,260
481,513
Stanislaus
Incorporated
County Total
-0.29
-0.41
439,690
551,737
438,432
549,466
Sutter
Incorporated
County Total
0.32 0.24
78,805
98,908
79,057
99,145
Tehama
Incorporated
County Total
-0.66
-0.47
23,282
65,257
23,129
64,948
Trinity
Incorporated
County Total
0.00 -0.19
0 16,012
0 15,981
Tulare
Incorporated
County Total
0.33 0.21
338,444
473,786
339,546
474,770
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 657
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022
County Percent Change --- Population Minus Exclusions --- 2021-22 1-1-21 1-1-22
Tuolumne
Incorporated 0.45 5,121 5,144
County Total 0.80 52,660 53,081
Ventura
Incorporated -0.79 743,771 737,860
County Total -0.64 835,215 829,909
Yolo
Incorporated -1.90 188,861 185,265
County Total 1.81 217,237 221,165
Yuba
Incorporated -1.33 16,711 16,488
County Total 0.35 79,776 80,055
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 658
Agenda Item: 6
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: July 11, 2022
SUBJECT: Juneteenth SYV Special Event Funding Request
RECOMMENDATION:
Discuss and consider course of action to address the Juneteenth special event funding request of $5,000 for 2022 event which already occurred and provide staff with policy direction.
DISCUSSION:
The City of Solvang has adopted a grant funding policy shown in Attachment A limiting grant funding application process to humanitarian services only and with focus on senior services. The policy also limits applications to non-profit agencies only and does not allow for the use of funds toward administrative overhead.
The City does not have a process to award funds for special events. It is unknown how many organizations would apply if the City Council established a funding program for special events. The City has been experiencing an increase in special events applications. This year, the City considered and approved a number of new special events including Juneteenth, SYV Pride, and Salute to Veteran’s.
Special Event applications will be carefully vetted as they impact the use of City public spaces including traffic circulation, parking, and parks. Special events also impact business community differently and not all events generate additional tax revenue for the City.
The City has historically provided some monetary assistance to long-standing Solvang events for Danish Days and 4th of July Fireworks show. Danish Day is celebrating 50th anniversary this year. The City also funds and manages Julefest event each year through its marketing program. There are no additional funds set aside in the budget for special events funding.
Vashti Wilson with Madi’s Treasure Box has approached the City with a request to fund Annual Juneteenth SYV event in the amount of $5,000. This event has already occurred. Vashti Wilson spoke about the request in public comment and per Council general direction the item is placed on the agenda.
ALTERNATIVES:
The City does not have a process for awarding funds to special events. City Council has full discretion to award or deny the request. While non-profits are a vital part of the community, the taxpayer dollars could not substitute for the non-profits efforts and fully grant fund all programs. Staff recommends that if City Council considers allocating dollars above the existing grant funding policy, that the City Council consider formally amening the grant funding policy.
FISCAL IMPACT:
If the City Council awards requested funding, the funds will be derived from General Fund balance.
ATTACHMENTS:
A. Grant Funding Policy
B. Request for Funding
659
CITY OF SOLVANG
HUMAN SERVICES GRANT FUNDING
POLICIES and PROCEDURES
The Solvang City Council recognizes the importance of the human services and programs and organizations that serve community residents. As part of the annual budget process and financial plan development, the City Council shall appropriate such funds as it deems prudent and reasonable to award grants to non-profit community service organizations.
Policy
A. Organizations must provide services for Solvang residents.
B. Grants shall not be available to organizations who intend to directly or indirectly act as a conduit to provide the grant funding to other organizations.
D. The City will prioritize funding for senior citizen services.
E. City grant funds may not be used by the agency for administrative/overhead types of costs.
Procedures
A. We request that organizations wishing to apply for grant funds do so by April 30, 2022 utilizing streamlined short application form below. Completed applications should be delivered to City Hall (1644 Oak St) or emailed to [email protected] before the deadline.
B. Staff will review applications for completeness and incomplete applications will be returned to the requesting organization.
C. Copies of all funding applications received will be provided to all City Council members and will be considered by Council as part of budget adoption hearing.
D. A representative from the requesting agency must be available for questions from the City staff and/or City Council related to their grant funding application and must attend and present at the annual City budget hearing.
E. Following adoption of the annual City budget and execution of City standard Grant Funding Contract with the City, the City will disburse the funds within 30 days.
Attachment A
660
CITY OF SOLVANG
HUMAN SERVICES GRANT FUNDING
APPLICATION
1. Organization/Agency Name: _____________________________________________
2. Mailing Address: ____________________________
____________________________
3. Physical Address: ___________________________
___________________________
4. Contact email and phone number: __________________________ __________________________
5. Organization’s purpose? Goals and objectives?
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
6. Total funding request: ______________________________________________________ __________________________________________________________________________
7. Purpose of the funding request? How will the funds be used? __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
8. How many Solvang residents will be impacted by the proposed use of the grant funds? __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
9. What is the organization’s total budget? _______________________________________
10. What are the sources of revenue for your organization? How are you funded? __________________________________________________________________________ __________________________________________________________________________ _________________________________________________________________________
11. Are you willing to sign City Standard Grant Application Agreement? Yes/No? ________ 661
F e a t u r e d o n a l l e v e n t m a t e r i a l s i n p r i n t a n d o n l i n e T a g g e d i n e v e r y p o s t b y J u n e t e e n t h S Y V P r om i n e n t l y s h ow c a s e d a s a n e v e n t s p o n s o r o n a l l b a n n e r s A l l o t t e d a s h o r t w r i t e-u p i n a l l h a n d o u t s d i s s em i n a t e d M a y 2 7 , 2 0 2 2
S o l v a n g C i t y C o u n c i l
1 6 4 4 O a k S t r e e t
S o l v a n g, C A 9 3 4 6 3
RE: Request for Funding of 3rd Annual Juneteenth SYV Event T o w h om i t m a y c o n c e r n:
W e a r e r e s p e c t f u l l y r e q u e s t i n g s p o n s o r s h i p o f o u r 3 r d A n n u a l J u n e t e e n t h c e l e b r a t i o n b e i n g h e l d i n S o l v a n g P a r k o n S a t u r d a y , J u n e 1 8 2 0 2 2.
O n J u n e 1 8 t h, w i t h g r e a t f o o d, r em em b r a n c e, c omm u n i t y , a n d j o y , w e w i l l h o n o r t h e f r e e d om s l o n g o v e r d u e, a n d a f f o r d e d t o t h e e n s l a v e d A f r i c a n-Am e r i c a n c i t i z e n s w i t h t h e w r i t i n g a n d f i n a l d e l i v e r y o f t h e Em a n c i p a t i o n P r o c l am a t i o n. I n f a c t, o n J u n e 1 6 o f l a s t y e a r, J u n e t e e n t h b e c am e a n o f f i c i a l f e d e r a l h o l i d a y . .
I n c o l l a b o r a t i o n w i t h o t h e r o r g a n i z a t i o n s , J u n e t e e n t h S Y V i s p r e s e n t e d b y 9 y e a r o l d S o l v a n g r e s i d e n t M a d i W i l s o n.
M a d i i s t h e c o-f o u n d e r o f t h e l o c a l n o n-p r o f i t M a d i ' s T r e a s u r e B o x I n c. T h r o u g h s a l e s o f h e r W o r l d C h a n g e r m u l t i c u l t u r a l l i n e, s h e r e a l i z e s h e r m i s s i o n t o p r o v i d e m u l t i c u l t u r a l t o o l s p r om o t i n g l i t e r a c y a n d i n c l u s i o n t o s c h o o l s a n d l i b r a r i e s a c r o s s t h e U n i t e d S t a t e s . M a d i ' s g o a l i s t o e n s u r e t h a t a l l c h i l d r e n a r e a b l e t o s e e t h em s e l v e s r e p r e s e n t e d.
A s s u c h, t h e e v e n t w i l l o f f e r b o t h a n e d u c a t i o n a l a n d c u l t u r a l c om p o n e n t, a s u l t im a t e l y t h e g o a l i s t o a lw a y s p r om o t e l i t e r a c y a n d i n c l u s i o n.
T h i s y e a r, w e h o p e y o u w i l l s u p p o r t M a d i ' s v i s i o n f o r J u n e t e e n t h S Y V, b y p r o v i d i n g a $5,0 0 0 s p o n s o r s h i p, T h e s e f u n d s w i l l s p e c i f i c a l l y b e u s e d t o f u n d t h e i n s t a l l a t i o n " O u r A n c e s t o r' s G a r d e n" ; a h i s t o r i c a l a n d i n n o v a t i v e v i s u a l j o u r n e y t h r o u g h t im e w i t h n o t a b l e B l a c k Am e r i c a n s . A d d i t i o n a l l y , a n y e x c e s s f u n d s w i l l b e u s e d t o h e l p c o v e r e v e n t c o s t s .
W i t h y o u r s p o n s o r s h i p, y o u w i l l r e c e i v e t h e f o l l ow i n g:
W e h o p e y o u w i l l j o i n 9 y e a r o l d M a d i s o n o n h e r j o u r n e y t o b e c om e a W o r l d C h a n g e r, a n d p r o v i d e t h e s u p p o r t r e q u e s t e d.
P l e a s e l e t m e k n ow i f y o u h a v e a n y q u e s t i o n s o r r e q u i r e c l a r i f i c a t i o n.
I n g r a t i t u d e o f y o u r c o n s i d e r a t i o n, V a s h t i T am e k a W i l s o n, M S, M B A
C E O
M a d i ' s T r e a s u r e B o x I n c.
MadisTreasureBox.com | [email protected] | (805) 697-6055 Attachment B
662
Agenda Item: 7
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: July 11, 2022
SUBJECT: Therapeutic Riding Program Funding Request
RECOMMENDATION:
Consider approving a funding request in the amount of $5,000 for Therapeutic Riding Program which is consistent with overall Council approved grant request guideline for humanitarian services and focus on senior services.
DUSCUSSION:
On June 27, 2022, City Council directed staff to place consideration of this funding request on the agenda. Therapeutic Riding program management has changed and they did not submit an application through the grant funding process when the application period was open. A program representative has spoken in public comment requesting this funding.
ALTERNATIVES:
City Council has full discretion to award or deny the request in full or in part.
FISCAL IMPACT:
If City Council approves the request in full, $5,000 will be drawn from General Fund balance.
ATTACHMENTS:
A – Grant Funding Application from Therapeutic Riding Progam 663
CITY OF SOLVANG
HUMAN SERVICES GRANT FUNDING
APPLICATION
1. Organization/Agency Name: _____________________________________________
2. Mailing Address: ____________________________
____________________________
3. Physical Address: ___________________________
___________________________
4. Contact email and phone number: __________________________ __________________________
5. Organization’s purpose? Goals and objectives?
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
6. Total funding request: ______________________________________________________ __________________________________________________________________________
7. Purpose of the funding request? How will the funds be used? __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
8. How many Solvang residents will be impacted by the proposed use of the grant funds? __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
9. What is the organization’s total budget? _______________________________________
10. What are the sources of revenue for your organization? How are you funded? __________________________________________________________________________ __________________________________________________________________________ _________________________________________________________________________
11. Are you willing to sign City Standard Grant Application Agreement? Yes/No? ________ Santa Ynez Valley Therapeutic Riding Program
PO Box 256
Solvang, CA 93464
195 N Refugio Rd.
Santa Ynez, CA 93460
[email protected]
805-448-1918
Our mission is to provide quality equine assisted activities to children and adults with physical, cognitive, social, emotional and/or other life challenges, regardless of their ability to pay. Our goals and objectives are primarily behavior modification and healing, with most of our clients being on the autism spectrum or with a range of physical, emotional, or behavioral challenges that impact quality of life. $5000
Funds will be used to cover the co-pay or full cost of lessons for clients residing in Solvang who participate in our therapeutic riding program. Participants will include Solvang School special needs students, adults on the autism spectrum and seniors who are active in the Solvang Senior Center. $395,672
The majority of our funding is through private donations and grants, and through our annual Cowboy Ball fundraising event. The remainder of our revenue is through local government grants, client lesson fees and tack sales.
Yes
We anticipate our primary clients for this grant to be seniors active in the Solvang Senior Center or older adults from Solvang who are on the autism spectrum.
664
City of Solvang Grant Request
BUDGET DATES FOR GRANT
PERIOD: September 1, 2022 - February 28, 2023
INCOME
Source Total Project ($) Pending ($) Secured ($)
City of Solvang 5000 5000 0
Private Donations 19700 15300 10000
Tack Sales 530 530 0
Lessons Co-pays for 5 clients,
weekly* @ $40/hour x 6 months 9600 4000 0
TOTAL INCOME 34830 24830 10000
*We bill $40 per lesson for those who
have no verified financial need, but the
actual cost of our lessons to the
Program exceeds $150 per hour.
EXPENSES
Item Total Project ($) This Request ($) Notes
2 Instructors (2 hrs, 5 days per week
@ $25/hour/each) x 6 months 9200 5000
This budget is projected
for 15 lessons per week
for 6 months
Payroll taxes/Liability Insurance x 6
months 1380 0
Payroll taxes for
instructors and liability
insurance for instructors
and volunteers
Horse Maintenance for 11 horses
($4,000/month x 6 months) 24000 0
Demo of old
fencing/Installation of
new
Lesson supplies 250 0
Demo of old
fencing/Installation of
new
TOTAL EXPENSES 34830 5000
SANTA YNEZ VALLEY THERAPEUTIC RIDING PROGRAM
PROJECT BUDGET
665
Organization Balance Sheet
ASSETS MOST CURRENT ($) as of [11/30/2021 ]
Current Assets
Cash & Equivalents 222199
Accounts Receivable
Prepaid Expenses 4036
Inventory
Grants/Pledges Receivable
Other 11739
Fixed Assets (Net)
Property 24925
Buildings
Equipment 32140
Investments
Endowments 96633
Other 4000
TOTAL ASSETS 395672
LIABILITIES
Current Liabilities
Accounts Payable
Accrued Expenses
Long Term Debt (Current Portion)
Short Term Debt
Other
Long Term Debt (over a year)
Loan 25000
Other
TOTAL LIABILITIES 25000
Net Assets
Unrestricted 254658
Temporarily Restricted 35839
Permanently Restricted 80175
TOTAL LIABILITIES & NET ASSETS 395672
Santa Ynez Valley Therapeutic Riding Program
666
Agenda Item: 8
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: July 11, 2022
SUBJECT: Chamber of Commerce Funding Request
RECOMMENDATION:
Per Council direction consider Chamber of Commerce funding request to perform additional contract services on behalf of the City.
DUSCUSSION:
On June 27, 2022, City Council considered Chamber of Commerce funding request and awarded $50,000 for printed maps production. The City Council directed to return with further information supporting the rest of the request. Presentation shown in Attachment A has been received as supplemental information for this request.
ALTERNATIVES:
City Council has full discretion to award or deny the request in full or in part.
FISCAL IMPACT:
If City Council approves the request in full, additional $200,000 will be drawn from the General Fund balance.
ATTACHMENTS:
A – Chamber of Commerce Presentation
B- Chamber of Commerce previously submitted materials requesting $250,000 667
City Funding 2022
Attachment A
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The Chamber’s Mission:
The Solvang Chamber of
Commerce is a Champion of
Business, Providing Advocacy,
Education and Resources to the
Business Community
Catalyst
Convener
Champion
Established in 1921
Strengthens community by
helping business thrive
Actively supports new and
existing businesses
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How the Chamber
Promoted Business in 2021
Table of Contents
Events
Branding Solvang with Air Time
Creating Retail Traffic
Social Media
Website Analytics
The Solvang Chamber of Commerce partners with The Green Business Program of Santa Barbara County
Business And Relocation Guide
Walk, Shop, Wine and Dine Maps in English and Mandarin Benefits to Business Community
Contractual Services Provided to Solvang
State of the City Slides
Executive Board of Directors
670
Events
The Green Business Network of Santa
Barbara County
Free Educational Classes/Events
Music in the Park
State of the City
Annual Awards Banquet
12 Business Mixer Annually
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Branding Solvang With Air
Time
https://www.youtube.com/watch?v=-bJvKjJsBxY&feature=youtu.be https://www.youtube.com/watch?v=51PLqpkBksI&feature=youtu.be https://www.youtube.com/watch?v=wOqncD0X0wE&feature=youtu.be https://www.youtube.com/watch?v=yz03M47e1kI&feature=youtu.be https://youtu.be/6A5cDuSvxmI
https://youtu.be/-nvDzn7kqfk
Produced and Broadcast commercials with KEYT and Spectrum 4 Commercials: Walk, Shop, Wine and Dine; Danish Heritage; Fall Harvest; The Holidays Are Here and Julefest
Paso Robles, Santa Barbara County, Pasadena and Glendale Reaching between 250,000 and 500,000 households
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David HeffermanMarketing Specialist
KEYT
NEWSCHANNEL
3 ABC
FOX 11
KKFX
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KEYT is the ONLY
Broadcast TV station on the
Central Coast that reaches
Ventura County. This enables
KEYT to reach nearly double the
TV Households of any other
Broadcast TV station on the
Central Coast.
KEYT NewsChannel 3
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8 62% 55% 50% 50% 46%
7%
7%
7% 8%
7%
4%
4%
4% 4%
4%
4%
4%
4% 4%
3%
4%
3%
3% 3%
3%
3%
3%
3% 3%
3%
3%
3%
3% 3%
3%
2%
2%
2% 2%
2%
Awareness Interest Visit
Store/Website
for Info
Consideration Purchase
Television Mail Newspaper (Print Only)
TV Is the Most Important Media through the
Purchase Decision Process
• Source: GfK TVB Purchase Funnel 2017 A18+
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Creating Retail Traffic
Put together and distribute
Gift Bags to visitors
1500 phone calls monthly
50 Walk- ins per week
676
The Green Business Network of Santa Barbara County
The Solvang Chamber of Commerce partners with The Green Business Program of Santa Barbara County (GBPSBC) as part of the California Green Business Program, a network of local programs operated by counties and cities throughout California. The GBPSBC provides resources, assistance and evaluations to businesses that want to operate more sustainably in order to conserve resources, generate savings, and gain certification and recognition.
The Solvang Chamber of Commerce works with businesses in Solvang, other cities and the unincorporated areas of Santa Barbara County to operate in an environmentally responsible manner and recognize them for their efforts
The Solvang Chamber promotes:
Electric Vehicle Experiences
Pedi – Cab Tours
Solvang Trolley & Carriage
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Organic Analytics Social
Media, Website and
Chamber Nation
Solvang Marketplace
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Social Media - Instagram
Instagram – 1920 Followers
Top Location – Solvang, Santa Ynez &
Santa Barbara
Accounts Reach: Reach about 1,500
new accounts every month
Impressions: about 40,000 each month
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Social Media – Facebook
Facebook Followers: 2.5k
Top Location: Solvang, Santa Barbara
and Lompoc
Accounts reached: about 4,000 every
month
Accounts Engaged: about 2,000 every
month
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SolvangCC.com
July 2021- 2022
Visits: about 50,000
Unique Page Views: 60,000
Visitors mainly from United States,
Canada, United Kingdom, Mexico,
Denmark
California Top Locations: Los Angeles,
Upland & San Francisco, San Jose, San
Luis Obispo, San Diego Mountain View
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Chamber Nation/
Solvang Marketplace:
Member Directory Traffic Report
From July 2021 – July 2022
Member Directory Queries: about 7,000
This number reflects the number of times someone has searched for a keyword
Number of Member Exposures:
1,737,092
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Mandarin &
Spanish Maps
20,000 maps produced
5,000 in Mandarin
5,000 pocket size
Distributed in hotels,
restaurants, and retail
establishments throughout
the Santa Ynez Valley and
the City of Solvang
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Benefits to
Business Community
Credibility, Advocacy and Support
National Study: Consumers are 63% more like to buy
from Chamber Members
Representation: Issue based representation at the
City, County, and State Level
Economic Development: Representation on the City
of Solvang Economic Development Committee to
promote, support and strengthen businesses within
our community
Education: Chamber sponsored seminars and
workshops on topics that directly affect businesses
Resources: Mentoring and Referrals to business
organizations
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CONTRACTUAL Services Provided
to Solvang by Chamber
I. Chamber office & Information: $5,000 Answer all telephone calls requesting general business information, local event information, retail shopping, points of interest, accommodations, and attractions. The chamber of receives 1,000 inquiry calls per month they we must provide information to the caller.
II. Website: $12,000 Maintain and update CHAMBER’s website and respond appropriately to all e-mail messages received. E-Newsletter three times a week.
III. Commercial Television : A comprehensive economic broadcast and connected tv (CTV) advertising plan to run July 2022-January 2023. The plan will reach potential visitors, day trippers, and buyers from the 405 to the 280- including the Tri-counties (Santa Barbara, San Luis Obispo, and Ventura Counties) from the edge of the San Fernando Valley at the 405 to Carmel and Monterey County:
A. $48,300 in total broadcast and connected tv advertising solutions ($5900 total in monthly broadcast plans, and $1000 total in connected tv); B. $5000 in commercial production and updating of current video assets.
IV. Printed Marketing Materials: Print, in such quantity as to meet demand, information about the community, local events, points of interest, accommodations, and attraction, and distribute as requested. Quantities shall be adjusted upwards or downwards as necessary to meet demand:
• Color Solvang Retail Shopping Map. - $47,290.37
• Color Wine & Beer Map - $5,200.00
• Color general community brochure - $2,600.00
• Lodging and dining guides, Brochures - $1,200.00
• Solvang Third Wednesday collateral - $2,500.00
• Miscellaneous info including, but not limited to brochures promoting local attractions and events. 685
Walk Shop Wine Dine Map:
$50,000 for printing and
design layout
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V. Brochure Distribution Certified Folder:
Number one pulled brochure from certified: Solvang Map
$5,502.39 Fill and maintain a network of at least 48 offsite locations for the distribution of local business, brochures and information, including the CA Welcome Centers in Pismo and
Oxnard. CHAMBER shall monitor and evaluate the
effectiveness of existing distribution points to maximize exposure. These locations shall include the premises
of CHAMBER Members, non-members
of CHAMBER and tourist destinations including, but not
limited to, the Chambers of Commerce of Buellton and
Solvang.
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VI. Go Green Shopping Bags/ Courtesy Bags
$5,600 In cooperation with Explore Solvang, Walk Shop Wine Dine logo branding develop Go Green bags/courtesy bags for large groups staying in our local hotels upon request Agricultures Teachers Conference, Presidents Conference of California Colleges, Biker, Vandenberg Air Force Base SpaceX as well as a variety of county wide/statewide outreach opportunities. Go Green should become our business model for the future of retail bags in Solvang.
VII. Office Reception
Provide on-site greeting and volunteer staff, as available, for the CHAMBER’S location at 485 Alisal Road #245. Such staff shall be present, at a minimum, from 10:00 am – 4:00 pm, Mondays through Fridays.
VIII. Events: Coordinate and manage, at a minimum, the following events as budget, sponsorships and committee involvement allows: $26,000
688
A. Music in the
Park every Wednesday
night during summer
months - $14,600
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B. Sweet on Solvang
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C. The Solvang Wine
& Beer Experience;
Solvang Wine
Experience. - $2,600
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D. Jazz in the Gazebo, Jazz & Art in the Park in October Solvang Chamber of Commerce applied to
stage the new event called Music and Art in the
Park, which would take place every Sunday in
October — which has five Sundays.
The event would involve eight to 10 artists selling
their wares from 10 a.m. to 2 p.m. in booths set
up at the edge of Solvang Park along Mission
Drive and First Street, while bands perform from
noon to 2 p.m. in the park’s gazebo, according
to the application submitted by the chamber.
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XVII. Recreation and Wine Industry: In addition to the existing business services provided by the CHAMBER regarding marketing and promotion of the area’s natural beauty, special events, attractions, specialty businesses, small town friendliness and the overall desirable quality of life in Solvang, it will also work in the following areas to enhance and promote recreation and the growing local wine industry:
a. Research the feasibility of a program of tour bus activity to tasting rooms located in the Solvang Valley through cooperative arrangements regionally with other Chamber organizations along the Central Coast. b. Explore and develop new cooperative cross marketing promotional opportunities in partnership with local businesses in Solvang to promote the expanding wine industry and recreational activities in Solvang and Santa Ynez Valley. c. Continue to support and promote Solvang as a retail Shopping destination with commercials in the Santa Barbara County, Los Angeles market and San Luis Obispo County.
Economic Development: The following Business Assistance Services and Economic Development activities shall be provided by CHAMBER on an annual basis:
I. Business Information: Provide information regarding the City Profile including economics profile, transportation, property, utilities, government, media resources and quality of life. Provide information regarding business plans, marketing, and other general business resources to potential start-up businesses and/or existing businesses as requested. Facilitate business resource information via providing access to on-line resources (ex: SBA.gov) and referrals to partners through the CHAMBER’S offices.
II. Consultation Services and Workshops: Host and advertise the consultation services and/or workshops that can be provided locally to the business community through programs of partners such as the SBA and Small Business Development Center and SCORE. The Chamber will facilitate this effort when such programs are funded to provide their services in Santa Barbara County during the performance of this contract. 693
Collaborative Partnerships
Our Economic partnerships include the following:
- Economic Development Collaborative (EDC)
- Small Business Development Center of Los Angeles (SBDC) - Small Business Administration(SBA)
- Santa Barbara Workforce Development
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2021- 2022
GENERAL FUND REVENUES
28 695
2021 - 2022
Transient occupancy tax
29 696
2021- 2022
General fund expenditures
30 697
Tourism
SOLVANG TOURISM
Approximately 1.5M visitors each
year
71% Average Occupancy Rate for
FY 2022-2021
TOT Revenue = 50% of the Total
General Fund Revenue
Tourism Investment for
FY 2020-2021 = 18% of GF
Expenditures
FY 2020-2021 TOURISM INVESTMENT
AGENCY AMOUNT
Tourism Marketing $600,000
Chamber of Commerce
Maps
Commercials
Contract Services
$50,000
$70,000
$130,000
Elverhoj Museum $40,000
Visitor Center $150,000
Danish Days $50,000
Visit the SY Valley
(budgeted)
$485,000?
31 698
Cost - $30,000
Joint Cost with the City of Solvang and the Solvang
Chamber of Commerce
• Printed and distributed 10,000 Copies of the
Business & Relocation Guide
• Included most complete history ever published on
the architecture of Solvang
• Printed and produced LOCALLY by Inklings (We are
the only Chamber in Santa Barbara County to still
use a local vendor)
• Chamber, Non-Chamber listings from A to Z
• Distributed to California Realtors and residents
699
City Funding through Chambers up & down the Central Coast working on Economic Development & Tourism
Santa Maria Valley Chamber - $500,000+
Lompoc Chamber – $130,000
Santa Barbara Chamber - $500,000+
Atascadero Chamber - $140,000
San Luis Obispo Chamber - $485,000
Morro Bay Chamber & Business Center - $150,000
Greater Conejo Valley Chamber - $400,000
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Our Mission:
The Solvang Chamber of Commerce is a
champion of business, providing advocacy,
education and resources to the business
community.
Executive Board of Directors
Dan Cassara- President
Charles Werner- Vice President
Lisa Mesa- Secretary
Dianne Wittenbrock– Treasurer
Jack Williams– Past Present
Tracy Beard: Executive Director
Taryn Weller: Executive Assistant
Mitzi Sevilla: Marketing Coordinator
Alex Grenier: Outreach
485 Alisal Road
Suite 245
Solvang, CA 93463
701
Solvang Chamber of Commerce 2022 Economic budget Full budget Marketing funding Deficiency Budgets 93,000- 109,500 2022- 20224 from C&M (IDK)
Chamber office and information 24,000.00 24,000
website 9,400.00 12,000 2,650
Commercial 70,200 70,200
Printed Marketing Materials 50,000.00 50,000
color wine & Beer map 10,200.00 10,200
Color general community brochure 2,600.00 2,600
lodging Dining guides 1,200 1,200
Solvang shopping Collateral 2,500 2,500
Brochure Distribution 9,000 9,000
Courtesy Bags 10,000 10,000
office Reception 12,000 12,000
Events 32,950 32,950
Business Community Competitions 13,350.00 13,350.00
Total 109,550.00 250,000 140,500
Attachment B
702
5/20/2022
To: Solvang City Council
In our initial discussions with Xenia Bradford for the current budget cycle, we discussed requesting $93,000 from the city of Solvang. However, since the time of that conversation, our current marketing team has notified the city that they will be terminating their services to the city effective May 31, 2022. Therefore, we have added additional line items to provide support for sustaining and growing our local economy. Economic growth and development is crucial to sustaining and growing Solvang’s tax base, especially in this post pandemic environment.
During the Covid 19 pandemic, the Chamber of Commerce was fortunate enough to receive assistance from the federal government through the PPP program and from the state of California through the California relief grant. Those funds helped the chamber maintain its economic development programs through this very challenging time. However, both those programs have now ended and the chamber is requesting financial assistance from the city of Solvang to continue providing economic development for this community.
During the 2019 to 2020 fiscal year, the city of Solvang contracted with the Chamber of Commerce for $250,000 in services. For current budget cycle, we are also requesting $250,000 per year from the city of Solvang.
Please note that of the $250,000 we have requested, $70,000 is for television commercials, $66,500 is for printed marketing materials and $9000 is for brochure distribution. These amounts totaling $145,500 are requested for the purposes of helping our local businesses prosper and grow. Since our current marketing team is terminating their services to the city effective the end of May, the balance of the funds earmarked for that marketing team can be set aside for these economic drivers. The total amount we are requesting in addition to these economic development activities is $104,500.
Best Regards,
TRACY BEARD
CEO
Solvang Chamber of Commerce
Executive Director
Tracy Beard
Executive Assistant
Taryn Weller
Board of Directors
President
Dan Cassara
Past President
Jack Williams
Vice President
Charles P. Werner,
Treasurer
Dianne Wittenbrock
Secretary
Lisa Mesa
Board Members
Rene Martinez
Scott Gold
Quincy Ruffin
Dr. Kevin Walthers
Golzar Meamar
Dana Volk
Philip Grant
Susie Sorensen
Lori Parker
Economist
Dr. Ken Harwood
703
P.O. Box 465 Solvang, CA 93464
805-688-0701
[email protected]
Tax 23-7261917
704
SOLVANG CHAMBER OF COMMERCE
AGREEMENT FOR BUSINESS PROMOTION AND BUSINESS ECONOMIC SERVICES FISCAL YEARS 2022-24
This AGREEMENT is made and entered into on ___________________, 2022 by and between the City of Solvang, a California municipal corporation (“CITY”) and the Chamber of Commerce, a California non-profit corporation (“CHAMBER”) with reference to the following facts:
Goals and Objectives of the Organization
The Goal of the Solvang Chamber of Commerce is to enhance the quality of life throughout the City of Solvang and the Santa Ynez Valley by promoting economic development through the generation of jobs, increasing capital investment, supporting retention while at the same time creating business expansion and new business attraction.
We will achieve this by promoting and supporting entrepreneurship as well as all other local commerce with the intent of creating sustainable economic vitality for the City of Solvang and its surrounding areas.
Our objective is to create a sustainable model for economic development. We have developed a three-pronged strategy for this purpose with all three prongs being implemented simultaneously. This strategy will focus on Business Attraction, Business Retention and Business Expansion through marketing strategies, collaboration with local government and identified partners (including the Economic REACH Team, Broadband Consortium and Economic Development Roundtable), business entities and entrepreneurs. It is our goal to create new paths for business retention and growth while maintaining our unique historical charm.
Major Services/Programs
The services of the Solvang Chamber of Commerce create an avenue for elected officials, Chamber of Commerce members and various industry groups to communicate about the importance of economic development. We see economic development as a process of targeted activities that work to improve the economic well-being and quality of life for our community by building and sustaining local wealth, diversifying the economy, creating and retaining jobs and building a local tax base. It is incumbent upon our community to remain an attractive locale that can foster new economic opportunities through multiple pathways while supporting existing businesses and the entire community to achieve economic and social results.
However, our dependence on tourism creates risks and challenges that make a proactive approach to economic development crucial to the long-term health and durability of our local economy. Challenges to the City of Solvang and our surrounding areas’ long-term economic sustainability include: reliance on a single sector for the majority of all new dollars brought into the local economy, seasonal business and employment cycles, environmental risks such as drought and wildfires, and health issues such as the Covid 10 Pandemic. Service sector jobs account for 47% of current local employment and such jobs often provide insufficient wages to meet our high cost of living. This makes it difficult for employers to find local workers. While it is likely that tourism will always anchor our economy, these weaknesses show the importance of taking charge of our long-term economic future by actively building communities that are supportive of diverse local employers, attractive to new ones, and encouraging to entrepreneurship. Diversifying our economy is one of the primary goals of our economic development programming at the Solvang Chamber of Commerce.
The Chamber has encouraged diversification through supporting and/or creating the following programs: bringing the Santa Barbara County Farmers Market to Solvang, supporting the Copenhagen Revitalization Project, supporting the TBID for SYVHA, supporting revision of the City of Solvang Sign Ordinance, advocating year round trees in the TRC, hosting Solvang 3rd Wednesday every month, hosting Monthly Business Mixers including a December Holiday Mixer, 705
Sponsorship of the 4th of July Parade, hosting a Chamber Member BBQ, coordinating Scarecrow Fest, participating in the Solvang Christmas Parade, hosting the Community Awards Banquet, coordinating the State of the City Luncheon, hosting the annual Business Expo, creating and distributing the Business & Relocation Guide, printing and promoting the retail walking map in English and in Mandarin as part of the China Ready Program.
Describe highlights/accomplishments of the organization in 2018-2020 Highlights and Accomplishments FY2017-2018 include but are not limited to:
Green Business Awareness to the Community; Business & Relocation Guide printed and distributed; revamping of Solvang Third Wednesday; Monthly Business Mixer including December Holiday Mixer; Co- Sponsor of 4th of July Parade; Membership Appreciation BBQ; Beer & Wine Garden during Danish Days; Scarecrow Fest; Support application in Christmas Parade; Community Awards Banquet; State of the City Luncheon; Promote "China Ready Program" and promote Economic Development. Small Business Development Administration, Economic Development Collaborative contracted on capital sourcing.
Highlights and Accomplishments for 2018-2020 include:
Green Business Awareness to the Community; Business & Relocation Guide printed and distributed; revamping of Solvang Third Wednesday; North County Leadership Forum; Monthly Business Mixer including December Holiday Mixer; 4th of July Parade Applications ; Membership Appreciation BBQ; Beer & Wine Garden during Danish Days; Scarecrow Fest; Ride in Christmas Parade; Community Awards Banquet; State of the City Luncheon; Promote "China Ready Program”; becoming the Small Business Development Center (SBDC) office for Northern Santa Barbara County and promoting Economic Development.
Since 2019, we have added and improved upon the following:
3rd Wednesday has received a facelift with all new branding, new logo and revamping of website with the new focus being "Walk, Shop, Wine & Dine". We have added a 3rd Wednesday dining experience (3 course dinner), and Wine Walk. We have improved upon our Summer Music and Art Series in the park.
In 2022 We also prepared, printed and released over 5,000 retail walking maps in the Spanish Language as part of our "Spanish Ready Program". We have as Jan 2022 Invested in E-Commerce classes for the community and the Valley. EDC Spanish business programs as part of support business equity diversity inclusion. We know solving has many business owners besides Danish business owners being part of the EDC office allows us to have interpreters from Turkish two Arabic language working with our EDC office we can support businesses directly out of this office within a phone call to help on financial needs, future grants, and business expansion.
A. CITY desires to promote CITY as a business retail shopping destination and for business development and desires that all local business owners and entrepreneurs are provided with timely information regarding the establishment and expansion of local businesses, thereby enhancing the general state of the local economy.
B. CHAMBER is organized and equipped to carry out the promotional-+ business serving the business community assistance in retail activities desired by CITY and has special local knowledge, expertise, skill and facilities for promotional work; and,
C. CITY desires to retain CHAMBER to secure performance of business promotion and business attraction, retention and assistance services.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
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1. ADMINISTRATION: This Agreement shall be administered by CITY’S City Manager, / or City Council or his/her designee, for CITY; and by the Executive Director, or his/her designee, for CHAMBER.
2. SCOPE OF SERVICES AND COMPENSATION: During the two-year term of this Agreement, CHAMBER shall perform the following services in fulfillment of this Agreement:
a.
b. Economic Development, Business Promotion and Business Assistance Services:
Compensation: Not to exceed $250,000.00/year.
Method of Payment: CHAMBER shall be paid $62,500 quarterly commencing on July 15, 2022 for the 2022 – 2023 fiscal year and on July 15, 2023 for the 2023 – 2024 fiscal year.
Business Promotion: The following Economic Development, Business Promotion and Business Asistance Services shall be provided by CHAMBER on an annual basis:
I. Chamber office & Information: $24,000 Answer all telephone calls requesting general business information, local event information, retail shopping, points of interest, accommodations, and attractions. The chamber of receives 1,000 inquiry calls per month they we must provide information to the caller.
II. Website: $12,000 Maintain and update CHAMBER’s website and respond appropriately to all e-mail messages received. E-Newsletter three times a week.
III. Commercial Television: $70,000 : A comprehensive economic broadcast and connected tv (CTV) advertising plan to run July 2022-January 2023. The plan will reach potential visitors, day trippers, and buyers from the 405 to the 280- including the Tri-counties (Santa Barbara, San Luis Obispo, and Ventura Counties) from the edge of the San Fernando Valley to Carmel and Monterey County:
A. $65,000 in total broadcast and connected tv advertising solutions; B. $5000 in commercial production and updating of current video assets.
IV. Printed Marketing Materials: $66,500 Print, in such quantity as to meet demand, information about the community, local events, points of interest, accommodations, and attraction, and distribute as requested. Quantities shall be adjusted upwards or downwards as necessary to meet demand:
• Color Solvang Retail Shopping Map-$50,000.00
• Color Wine & Beer Map $10,200.00
• Color general community brochure $2,600.00
• Lodging and dining guides, Brochures 1,200.00
• Solvang Third Wednesday collateral 2,500.00
• Miscellaneous info including, but not limited to brochures promoting local attractions and events.
V. Brochure Distribution: $9,000.00 Fill and maintain a network of at least 48 off-site for the distribution of local business, brochures and information, including the CA Welcome Centers in Pismo and Oxnard. CHAMBER shall monitor and evaluate the effectiveness of existing distribution points to maximize exposure. These locations shall include the premises of CHAMBER Members, non-members of CHAMBER and tourist destinations including, but not limited to, the Chambers of Commerce of Buellton and Solvang.
707
VI. Go Green Shopping Bags/ Courtesy Bags: $10,000 In cooperation with Explore Solvang, Walk Shop Wine Dine logo branding develop Go Green bags/courtesy bags for large groups staying in our local hotels upon request Agricultures Teachers Conference, Presidents Conference of California Colleges, Biker, Vandenberg Air Force Base SpaceX as well as a variety of county wide/statewide outreach opportunities. Go Green should become our business model for the future of retail bags in Solvang.
VII. Office Reception: $12,000 Provide on-site greeting and volunteer staff, as available, for the CHAMBER’S location at 485 Alisal Road #245. Such staff shall be present, at a minimum, from 10:00 am – 4:00 pm, Mondays through Fridays.
VIII.Events: $32,950 Coordinate and manage, at a minimum, the following events as budget, sponsorships and committee involvement allows:
a. Update to the City of Solvang
b. Music in the Park every Wednesday and Friday night during summer months c. Walk Shop Wine Dine Solvang
d. Solvang Third Wednesday;
e. The Solvang Wine & Beer Experience; Solvang Wine Experience. f. Jazz in the Gazebo, Jazz & Art in the Park in October IX. Business Community Competitions that generate a sense of place: $13,350.00 Solvang and the Santa Ynez Valley wide – Scarecrow Contest; Solvang City Christmas Tree Program; I Love Solvang Window Decorating Contest; The Beautification Commission(new); The Christmas Lights Contest; Spring in Solvang; I love Solvang “Shop in the HEART OF THE COUNTY” X. Recreation and Wine Industry: In addition to the existing business services provided by the CHAMBER regarding marketing and promotion of the area’s natural beauty, special events, attractions, specialty businesses, small town friendliness and the overall desirable quality of life in Solvang, it will also work in the following areas to enhance and promote recreation and the growing local wine industry:
a. Research the feasibility of a program of tour bus activity to tasting rooms located in the Solvang Valley through cooperative arrangements regionally with other Chamber organizations along the Central Coast.
b. Explore and develop new cooperative cross marketing promotional opportunities in partnership with local businesses in Solvang to promote the expanding wine industry and recreational activities in Solvang and Santa Ynez Valley.
c. Continue to support and promote Solvang as a retail Shopping destination with commercials in the Santa Barbara County, Los Angeles market and San Luis Obispo County.
Economic Development: The following Business Assistance Services and Economic Development activities shall be provided by CHAMBER on an annual basis:
I. Business Information: Provide information regarding the City Profile including economics profile, transportation, property, utilities, government, media resources and quality of life. Provide information regarding business plans, marketing, and other general business resources to potential start-up businesses and/or existing businesses as requested. Facilitate business resource 708
information via providing access to on-line resources (ex: SBA.gov) and referrals to partners through the CHAMBER’S offices.
II. Consultation Services and Workshops: Host and advertise the consultation services and/or workshops that can be provided locally to the business community through programs of partners such as the SBA and Small Business Development Center and SCORE. The Chamber will facilitate this effort when such programs are funded to provide their services in Santa Barbara County during the performance of this contract.
III. Service All Business, No Charge: ongoing since 2018; All business resource services will be provided to the general public without charge or offset and without regard to Chamber membership.
IV. Economic Development Committee revamp: The Chamber Chief Executive Officer/ Board President has a permanent position on the City’s Economic Development Committee. CHAMBER will continue to fulfill its role as a stakeholder on the Committee and play an integral role in implementation of the City’s Economic Development Strategic Plan.
V. Santa Barbara County Economic REACH Team: The Chamber Executive Director, along with two other Solvang members, will represent Solvang on the Santa Barbara County Chamber’s Economic REACH Team and collaboratively promote Solvang as destination for business development and business.
VI. Leads: All leads for business recruitment and retention will be shared with City Economic Development Director for a collaborative business development response.
Purpose of the 2022-2024 Grant Funding Request
The purpose of this funding request is to implement and refine our economic development plan. This past year we have made significant progress towards our goal of creating a sustainable economic development plan in support of our business community. We have been able to provide professional development services for the City of Solvang, as well as the Santa Ynez Valley and surrounding areas. In the future we hope to provide a single point of contact for economic and business development related inquiries and respond to those business needs in a way that fosters success. The Solvang Chamber of Commerce is looking to become the resource for comprehensive economic, workforce, infrastructure and related information to support informed business and community decision making.
We plan on implementing an extensive three-pronged strategy to achieve this goal through the continued development in the areas of Business Attraction, Retention and Expansion. In order, to continue the success of our new and improved programs in 2022-2024, we are herewith requesting $250,000 in funding to build and implement our new three pronged strategies.
Please note that of the $250,000 we have requested, $70,000 is for television commercials, $66,500 is for printed marketing materials and $9000 is for brochure distribution. These amounts totaling $145,500 are requested for the purposes of helping our local businesses grow and prosper. Since our current marketing team is terminating their services to the city effective the end of May, the balance of the funds earmarked for that marketing team could be set aside for these economic drivers. The total amount we are requesting in addition to these specific economic development activities is $104,500.
How would the grant funding from the City of Solvang support the Agency's goals and objectives? 709
It is our desire to utilize the grant funding of our economic development three prong approach in the following manner:
Business Attraction: Through collaborative analysis of our surrounding Solvang Community, we would survey, study and improve upon the skilled workforce education, improve upon broadband technology availability, the quality of life through support of additional housing and water infrastructure, analysis for improvement of transportation, local issues, identify available workforce sites and buildings, responsiveness of local Government, Government incentives, locating and negotiating attractive financing packages, education opportunities and improvement and innovative entrepreneurship.
More specific to the Solvang Chamber of Commerce only participation and related expenses, we have developed a strategy for marketing and recruitment for new business. This marketing plan would include providing statistics for customer knowledge, product knowledge by crafting and communicating a compelling message with the goal of soliciting a positive response and hopefully securing visitation to our beautiful and unique city in line with targeting our community values.
Business Retention: Our strategy for maintaining the current business infrastructure is to conduct collaboratory industry roundtables, pursuing local business visitations, conduct progress surveys, provide business advocacy by supplementing employee and career pathways training, and improving upon business assistance programs.
Business Expansion: Our plan for providing support of local business expansion is through business outreach. We would like to expand our business expo and begin conducting industry and executive roundtables, and creation, analysis and procurement of business surveys. We will also improve upon our business assistance programs.
Through collaboration and support from the City of Solvang, REACH and our other collaborative partners we can create a Marketing Task Force to promote retail sales using Los Angeles Base and Northern Ca Commercials, flyers, creating and promoting a mid-week retail sales program for both residents and visitors, creating a local’s wine club using branding signs, creating marketing for tag lines "Think Solvang First” and "Shop Solvang First" and providing the local business map including all business locations. The Marketing Task Force will contain a strong technological element through website redesign, thus allowing strong advertising for local business and activities, real estate rental and sales, housing information and a definite increase in social media via Facebook, Instagram, Twitter and travel blogging etc. We plan to increase our advertising presence in the local media via television advertisements promoting our businesses, activities and housing information.
How will the proposed uses of the grant funding directly benefit Solvang residents? Clearly, economic development strategies and efforts are important to any community, and even more so in our rural resort environment due to our unique economic challenges. A proactive approach to helping businesses and entrepreneurs also directly helps our community -- keeping our exquisite City and surrounding Santa Ynez Valley as a great place to live, work, and prosper, now and in the future. We anticipate sustainable growth by diversifying our goals into three areas, we are simultaneously growing and supporting our local community, residents and businesses.
How many Solvang residents will be impacted by the proposed use of the grant funds? Residents 5,802
Tourist 1.5M
3. RE-EVALUATION: CHAMBER shall regularly review and update efforts to enhance and improve the following business and economic development related items currently under the purview of CHAMBER at no additional cost to CITY:
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a. Review, re-design and improve those brochures currently developed and printed in-house: Dining and Lodging Guide, Where Else but Solvang, Music in the Park, Interested in Local History? Solvang Wine & Beer Experience Trails. Solvang Third Wednesday menus and discounted store locations. b. Collaborating with other local organizations for an Annual Community Events Calendar on CHAMBER’S website. Alternative methods of data collection in support of the Community Events Calendar shall be investigated. Increase community input regarding special events for the existing Annual Community Events Calendar through email, the weekly Friday Focus e-newsletter, the monthly CHAMBER newsletter, semi-monthly Chamber Chatter and periodic news releases to the public. The Chamber as a “Go Green” community post weekly business updates on environmentally friendly information to help promote better understanding of Green Business Program of Santa Barbara County. c. Utilize email and links to the Chamber website whenever possible to provide visitor packet information to fulfill requests faster and save paper, copy and postage costs, to facilitate cost effective distribution. d. Enhance its website and use it to provide current visitor information/relocation information and economic development information including city profile pages, demographics and labor information. e. Send CHAMBER brochure reorder forms on a quarterly basis to those locations that stock and distribute local visitor information.
4. REPORTING REQUIREMENTS: CHAMBER shall provide CITY with oral and written reports; not later than December 31, 2022; February 28, 2023; April 30,2023; June 30,2023. The reports shall, at a minimum, document the activities performed by CHAMBER during the reporting period and will specifically address the following:
I. Visitor Traffic Information
a. Number of Walk-ins
b. Number of Calls
c. Number of Mailings
d. Number of Visitor Bags distributed
II. Website Analytics
a. Top five Countries
b. Top five Pages
c. Top five Downloads
d. Number of Unique Visitors
e. Number of page Views
III. Social Media
a. Summary of any promotions to increase reach
b. Facebook – Number of Likes
c. Instagram – Number of Followers
d. Pinterest – Number of Followers
e. Report on any other avenues implemented
IV. The number of advertising placements made
V. Detailed descriptions of events coordinated and managed by CHAMBER 711
VI. The number of small business seminars conducted; and VII. A comprehensive budget including a detailed and itemized list for expenses that have been charged against the monthly payment received from CITY and CHAMBER’S contribution to the expense item.
Also, at least quarterly, CHAMBER shall provide an oral report of CHAMBER’S recent activities, during a regularly scheduled City Council meeting. Chamber will notify the City Clerk’s office 7 days in advance of the meeting, so the presentation may be placed on the agenda.
5. FAILURE TO MEET MINIMUM REQUIREMENTS: If CHAMBER fails to fulfill the minimum requirements of this Agreement, or to otherwise comply with any provision of this Agreement, then the matter shall be investigated by CITY’S City Administrator, or his/her designee, who shall make a recommendation to CITY’S City Council as to the remedy for breach of this Agreement. The breach may be cured by reasonable substitution of services provided, by reimbursement of a portion of the fee paid by CITY to CHAMBER, or by other such remedy as the City Council may reasonably require. CITY and CHAMBER agree the decision of the City Council shall be final and conclusive.
6. TERM OF AGREEMENT: This Agreement commences on July 1, 2022, and terminates on June 30, 2024, unless earlier terminated as provided in Section 7, below.
7. TERMINATION OF AGREEMENT: CITY may terminate this Agreement, with or without cause, effective immediately upon CITY’S giving written notice thereof to CHAMBER which notice shall be given only after the City Council considers the termination at a public meeting. Upon such termination, on CITY’s demand, CHAMBER shall promptly reimburse CITY on a pro-rata basis for any unearned portion of the monthly payment.
8. PROMOTIONAL MATERIALS: Copies of promotional materials, visitor guides, maps and media advertisements developed in conjunction with this Agreement shall be provided to CITY in reasonable numbers upon request.
9. ACCOUNTING: CHAMBER shall establish and maintain on a current basis an adequate accounting system, in accordance with generally accepted accounting principles and standards, for the accounting of all Agreement-related funds.
10. AGREEMENT EVALUATION AND REVIEW: CHAMBER shall make available for inspection, by authorized CITY personnel, financial and all other records pertaining to the performance of this Agreement and allow said personnel to inspect and monitor its facilities and program operations.
11. INSURANCE: CHAMBER shall procure and maintain for the duration of this Agreement adequate insurance against claims for personal injury, bodily injury, and property damage that may arise from or in connection with the performance of the work hereunder by CHAMBER, its agents, representatives, employees, subcontractors or volunteers.
a. Minimum Scope of Insurance – Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability Coverage (occurrence from CG 0001),
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering automobile Liability, code 1 (any auto) and,
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3. Workers Compensation Insurance as required by the State of California and Employer’s Liability Insurance.
b. Minimum Limits of Coverage
CHAMBER shall maintain coverage limits not less than:
1. General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury or property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, then either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be $2,000,000.00.
2. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage, and
3. Employer’s Liability: $1,000,000.00 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions:
Any deductibles or self-insured retentions shall be declared to and approved by CITY. At the option of CITY either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees and volunteers; or CHAMBER shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
I. CITY, its officers, officials, employees and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CHAMBER and with respect to liability arising out of work or operations performed by or on behalf of the CHAMBER including materials, parts or equipment furnished in connection with such work or operations. General liability coverage may be provided in the form of an endorsement to the CHAMBER’S policy or as a separate owner’s policy.
II. For any claims arising from this Agreement, the CHAMBER’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by CITY, its officers, officials, employees or volunteers shall be excess of the CHAMBER’s insurance and shall not contribute with it.
III. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or substantially reduced by either party, except after thirty-days (30-days) prior written notice by certified mail, return receipt requested, has been given to CITY.
IV. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Civil Code Section 2782(b). 713
e. Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of at least A: VII. f. Verification of Coverage
CHAMBER shall furnish CITY with original certificates and amendatory endorsements effecting coverage required by this Agreement, in a form acceptable to the city Attorney. All certificates and endorsements are to be received and approved by CITY before this contract is executed. The CITY reserves the right at any time to require complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by this Agreement. g. Subcontractors
CHAMBER shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage and other requirements for subcontractors shall be subject to all of the requirements stated herein for CHAMBER.
12. INDEMNIFICATION: CHAMBER agrees to indemnify, defend and hold harmless, CITY, its agents, officers, employees and volunteers from and against any and all liability, expense (Including defense costs and attorneys’ fees) and claims for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage arising from or connected with CHAMBER’S and any of its agents, officers, employees and volunteer operations or its/their services, hereunder.
13. DISCRIMINATION: No personal shall, on the grounds of race, sex, creed, color, religion, national origin, handicap or disability, be excluded from participation in, refused the benefits of, or otherwise subjected to discrimination in any activities, programs or employment supported by this Agreement.
14. ASSURANCES: CHAMBER hereby assures and certifies that it will comply with all applicable Federal, State and local laws as they relate to acceptance and use of CITY funds for this program and to CHAMBER’s performance of this Agreement.
15. NOTICES: All notices, reports and statements shall be given in writing and served personally or by first class mail.
To CHAMBER:
President/CEO Dan Cassara
Executive Director – Tracy Beard
Chamber of Commerce
P.O. Box 465
Solvang, CA 93464
To CITY:
City Manager
Economic Development Director/Assistant City Administrator City of Solvang
Solvang, CA 93438
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16. ASSIGNMENT: This Agreement is not assignable by CHAMBER without the express written advance consent of CITY. Any attempt by CHAMBER to assign any performance of the terms of this Agreement shall render this Agreement null and void.
17. INDEPENDENT CONTRACTOR: In the performance of this Agreement, each party will be acting in an independent capacity and not as agents, employees, partners, joint venturers or associates of the other party. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose whatsoever.
18. REPORTS AND RECORDS: CHAMBER agrees to prepare and submit financial, program progress, monitoring, evaluation and other reports as such reports are described herein, as may be reasonably requested of CHAMBER by CITY’s City Administrator or his/her designee.
19. ATTORNEY FEES: In the event of any litigation to enforce or construe the terms of this Agreement, the prevailing party therein shall be entitled to recover reasonable attorney’s fees and costs, including fees and costs of work performed by in-house counsel.
20. SECTION HEADINGS: The section headings appearing herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
21. INTERPRETATION: The terms and conditions of this Agreement shall be construed pursuant to their plain and ordinary meaning and shall not be interpreted against the maker by virtue of that party having drafted this Agreement.
IN WITNESS WEREOF, CITY and CHAMBER hereby execute this Agreement through its respective authorized officers as though such had executed this Agreement on the date, month and year first above written.
CITY OF SOLVANG, a California CHAMBER OF
Municipal Corporation COMMERCE a California Non-profit
Corporation
By: _______________________ By_________________________ Xenia Bradford Tracy Beard Executive Director
City Manager Chamber of Commerce
ATTEST:
____________________________________ City Clerk
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Agenda Item Number: 9
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
Laurie Tamura, Contract Planner
MEETING DATE: July 11, 2022
SUBJECT: Discussion and possible action regarding approving the Planning Commission recommendation to waive the in-lieu parking fee of $12,376 for one space for High Roller Tiki Lounge at 433 Alisal Road
RECOMMENDATION:
Approve waiver of parking in-lieu fee for one parking space in accordance with Planning Commission recommendations.
DISCUSSION:
In 2021, High Roller Tiki Lounge expanded into the private courtyard and Suites D, E, and F – an additional 1,710 square feet. The expansion into the private courtyard was due to the COVID-19 pandemic and is now being brought up to code. The Applicants expanded into Suites D, E, and F to provide more in-door seating options, especially when they are busier, since the current space has a small occupancy, and the outdoor seating is subject to the weather. The total footprint is 2,701-square feet. The rest of the building is occupied by offices.
The parking lot is behind the building and primarily accessed via Molle Way, and there is ample street parking in front of and south of the building on Alisal Road. Parking was calculated at 1 space per 750 square feet when the plans for the building were approved in 1984, so they were required to provide 9 parking spaces for 6,750-square feet. It is not clear where this standard came from as it was not the County’s parking requirement, which was 1 space per 500 square feet, and we do not see information regarding a variance or modification for parking in the records for this address (Attachment A). In 2012, it was reduced to 8 parking spaces due to required accessibility upgrades. Current parking requirements would require the building should provide 23 parking spaces due to the size of the building and the occupants, which is what makes the current parking lot insufficient for the purposes of High Roller Tiki Lounge providing parking for the expanded and intensified use The re-calculation of required parking spaces is triggered by change in use in this case.
Calculating the In-Lieu Parking Fee
Per Section 11-11-3(B) of the Solvang Municipal Code, “upon the change of any use, the number of parking spaces to be provided shall be calculated according to the requirements of this chapter only for the new use. Any previous parking modifications granted by the planning commission, or the planning/community development director shall be null and void. (Ord. 90-112, 1990).” Due to their expansion and the change of use of the majority of Suite D, E, and F, the parking requirement has been calculated. 308 square feet of the new space is remaining as retail therefore, the parking requirement is 716
calculated based on the 1,3171 square feet that is changing from retail to eating and/or drinking establishment and the private patio.
Section 11-11-7(D) of the Solvang Municipal Code states, “An optional in-lieu fee may be paid as provided in section 11-11-9 of this chapter for the construction of parking facilities.” Section 11-11-9(A) states, “…applicants for retail and general commercial development projects (as such projects are defined in this chapter) must: (1) provide three and six-tenths (3.6) on-site parking spaces per one thousand (1,000) square feet of gross floor area in accordance with the specifications set forth in this chapter.” The formula for in-lieu parking will requires a payment for 5 parking spaces:
(1,317 square feet ÷ 1,000 square feet) x 3.6 parking spaces =
4.7 parking spaces, which is rounded up to 5 per Section 11-11-7(A)(5) of the Solvang Municipal Code The request for an in-lieu parking fee waiver request of $61,880 for five parking spaces was presented to the Planning Commission on June 6, 2022. After discussion they unanimously approved the motion by Commissioner Peterson to:
“…recommend waiver one parking space and recommend the City Council waive $12,376 in in-lieu fee, recommend waiving two parking spots for the patio parking and that the applicant reduce the interior seating space by two parking spaces until and if the applicant can enter into an irrevocable parking agreement, seconded by Commissioner Jamieson, and carried, unanimously, 5-0.”
ALTERNATIVES:
1. Provide a reduction or adjustment to the parking in-lieu waiver parking fee request for High Roller Tiki Lounge.
2. Provide a waiver of the parking in-lieu waiver parking fee request for High Roller Tiki Lounge.
3. Deny the parking in-lieu fee waiver request for High Roller Tiki Lounge.
FISCAL IMPACT:
The City of Solvang has to potential to receive in-lieu parking fees if the City Council does not waive the fees. The City of Solvang will not receive the fees if the fee is waived.
ATTACHMENTS:
A – June 6, 2022 Planning Commission Staff Report
B – June 6, 2022 Planning Commission Meeting Minutes
C – Solvang Municipal Code 11-11-9 regarding In-lieu Parking Fees D – Resolution No. 22-1187
1 The square footage in the Planning Commission Staff Report considered the 85 square feet of space in the public right-ofway. The city is not currently granting permanent encroachments into the right-of-way therefore, it should not be included in the total square footage.
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Agenda Item: 5.b
Solvang Planning Commission STAFF REPORT
PREPARED BY: Laurie Tamura, Contract Planner
MEETING DATE: June 6, 2022
SUBJECT: Public hearing to consider and provide recommendations to the City Council regarding the parking in-lieu fee waiver request for $61,880 for five parking spaces for High Roller Tiki Lounge at 433 Alisal Road
RECOMMENDATION:
That the Planning Commission review applicable code sections and the request of the applicant for parking in lieu waiver and provide City Council with recommendations whether the fee waiver request of $61,880 for five parking spaces made by the Applicants, Michael and Gary Cobb, for High Roller Tiki Lounge at 433 Alisal Road should be made based on totality of circumstances and weighing the benefit to the City.
DISCUSSION:
Overview
According to the plans approved by the County of Santa Barbara Resource Management Department, 433 Alisal Road is a 9,557.72-square foot building, with 6,479.13-square feet of rentable space, built in 1984. It is in the Tourist Related Commercial (TRC) zone.
The parking lot is behind the building and primarily accessed via Molle Way, and there is ample street parking in front of and south of the building on Alisal Road. Parking was calculated at 1 space per 750 square feet, so they were required to provide 9 parking spaces for 6,750-square feet. It is not clear where this standard came from as it was not the County’s parking requirement, which was 1 space per 500 square feet, and we do not see information regarding a variance or modification for parking in the records for this address (Attachment A). In 2012, it was reduced to 8 parking spaces due to required accessibility upgrades. Current parking requirements would require the building should provide 23 parking spaces due to the size of the building and the occupants (Attachment B), which is what makes the current parking lot insufficient for the purposes of High Roller Tiki Lounge providing parking for the expanded and intensified use.
High Roller Tiki Lounge occupies Suite A, which is 1,001 square feet. Suite A was occupied by Santé Wine Bar starting in 2012 prior to the space being occupied by High Roller Tiki Lounge. It does not appear that the Planning Division raised the issue of the converted use from retail to eating and/or drinking establishment needing to provide additional parking.
In 2021, High Roller Tiki Lounge expanded into the private courtyard and Suites D, E, and F – an additional 1,710 square feet. The expansion into the private courtyard was due to the COVID-19 pandemic and is now being brought up to code. The Applicants expanded into Suites D, E, and F to provide more in-door seating options, especially when they are busier, since the current space has a small occupancy, and the outdoor seating is subject to the weather. The total footprint is 2,701-square feet. The rest of the building is occupied by offices.
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Calculating the In-Lieu Parking Fee
Per Section 11-11-3(B) of the Solvang Municipal Code, “upon the change of any use, the number of parking spaces to be provided shall be calculated according to the requirements of this chapter only for the new use. Any previous parking modifications granted by the planning commission, or the planning/community development director shall be null and void. (Ord. 90-112, 1990).” Due to their expansion and the change of use of the majority of Suite D, E, and F, the parking requirement has been calculated. 308 square feet of the new space is remaining as retail therefore, the parking requirement is calculated based on the 1,402 square feet that is changing from retail to eating and/or drinking establishment.
Section 11-11-7(D) states, “An optional in-lieu fee may be paid as provided in section 11-11-9 of this chapter for the construction of parking facilities.” Section 11-11-9(A) states, “…applicants for retail and general commercial development projects (as such projects are defined in this chapter) must: (1) provide three and six-tenths (3.6) on-site parking spaces per one thousand (1,000) square feet of gross floor area in accordance with the specifications set forth in this chapter.” The formula for in-lieu parking will requires a payment for 5 parking spaces:
(1,402 square feet ÷ 1,000 square feet) x 3.6 parking spaces = 5 parking spaces The Applicant is unable to provide parking on-site or off-site and has requested a full waiver of parking in-lieu fees (Attachment D) as allowed in Section 11-11-9(D) of the Solvang Municipal Code:
“An electing developer may apply to the city council for reducing or adjustment to, or a waiver of, the in-lieu parking fee, based upon the absence of any reasonable relationship or nexus between the parking impacts of the development and either: (1) the amount of the fee charged; or (2) the type of parking facilities to be financed.” Therefore, the Applicant’s request is to waive the parking in-lieu fees for 5 parking spaces. The parking in-lieu fee is $12,376 per parking space, which would result in a total fee of $61,880.
ALTERNATIVES:
The Planning Commission is being requested to review the request and provide recommendations to the City Council whether the parking in lieu fee waiver should be granted. The Planning Commission should take into consideration the City regulations, need to provide adequate parking as well as the benefit of potential increase in sales from the change of use from retail to wine bar.
The Planning Commission can:
1. Recommend that the fees be waived in full
2. Recommend changes to the parking in-lieu fee waiver request for High Roller Tiki Lounge
3. Reject the parking in-lieu fee waiver request for High Roller Tiki Lounge FISCAL IMPACT:
The City of Solvang has to potential to receive $61,880 in in-lieu parking fees. If the fee is waived, the City of Solvang will not receive $61,880.
ATTACHMENTS:
A – Plans from 1984
B – Parking Calculation for 433 Alisal Road
C – High Roller Tiki Lounge Plans
D – Applicant Letter
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Attachment A
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Suite Square Footage Use Parking Requirement 11-11-7 Spaces per Square Foot Space per 2 Employees Total Parking Spaces A 1,001 Restaurants, cafes, taverns, etc 1 space per 300 square feet and 1 space per 2 employees 3 2 5 B 636 Office 1 space per 300 square feet 2 2
D 308 Retail 1 space per 500 square feet 1 1
E 551 Restaurants, cafes, taverns, etc 1 space per 300 square feet and 1 space per 2 employees 2 2 F 264 Restaurants, cafes, taverns, etc 1 space per 300 square feet and 1 space per 2 employees 1 1 Courtyard 502 Restaurants, cafes, taverns, etc 1 space per 300 square feet and 1 space per 2 employees 2 2 Total 1st Floor 13
Spaces Square Footage Use Parking Requirement 11-11-7 Spaces per square foot Total Parking Spaces A 275 Office 1 space per 300 square feet 1 1
B 436 Office 1 space per 300 square feet 1 1
C 684 Office 1 space per 300 square feet 2 2
D 678 Office 1 space per 300 square feet 2 2
E 541 Office 1 space per 300 square feet 2 2
F 623 Office 1 space per 300 square feet 2 2
Total 2nd Floor 10
23 Rows highlighted in grey are High Roller Tiki Lounge Total Parking Spaces This Property Needs
Parking Calculation for 433 Alisal Road
1st Floor
2nd Floor
Attachment B
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Attachment C
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Michael Cobb
High Roller Tiki Lounge
433 Alisal Road
Solvang, CA 93463
To Whom It May Concern:
This is my application for a complete waiver of the parking-in lieu fee. I started speaking with the Planning and Building Divisions in July 2021 after submitting paperwork to the ABC in February of 2021 for a new license which would expand my seating ability. I submitted commercial plans in November.
The Building Division is ready to issue the building permits, and I am waiting on the parking determination to be made to finally complete the process with the Planning Division.
According to the parking calculation conducted by the Planning Division, the building requires 23 spaces for the various uses, and I need to provide potentially 3-5 additional off-site parking spaces for the expansion to High Roller Tiki Lounge. The parking lot behind the building has 7 spaces. This will potentially cost me between $37,128 and $61,880 (5 parking spots x $12,376 for the in-lieu parking fee).
I am requesting a full waiver of the in-lieu parking fee for the following reasons:
1) COVID-19, inflation, and recession
COVID-19 has been and continues to be difficult on my business. People are hesitant to be indoors; having additional space will allow me to spread tables for adequate distance between patrons. Inflation has reduced the amount of money people are spending, and there are concerns about an impending recession.
2) Parking is a concern across the city
There is inadequate parking across the city because the parking infrastructure was developed where there wasn’t as much of a dependence on cars, and the parking requirements resulted in small private lots. The building I rent in is a perfect example needing approximately 23 spaces to meet the parking standards in the Solvang Municipal Code but only having 7. The City Council must acknowledge this as their second goal for the 2022-2024 fiscal years financial plan is “develop additional parking with a focus on underground parking”. My concern is that the lack of investment in parking over time will impact other businesses, as it has mine, from expanding to better serve patrons.
3) No one realizes there is existing parking behind the building.
The parking lot behind 433 Alisal Road is virtually empty most of the time. Most patrons walk after having parked elsewhere such as a public lot or a hotel. Additionally, there is a lot of street parking along Alisal.
4) High Roller is relatively off the beaten path.
High Roller is on the last block of Alisal to have commercial buildings. Past the row of buildings there are short-term vacation rentals. Many tourists stay toward Copenhagen and Mission. 5) The Building Division has approved the plans. The Planning Division has held up the process due to the “parking issue”.
a. I reached out to the Planning Division in August 2021 regarding haven taken over the additional suites. I was notified I would need formal plans and was told the concerns were about having enough plumbing fixtures for the expanded use and change of use of the additional suites from retail to an eating and drinking establishment. There was back Attachment D
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and forth with the Planning and Building Divisions until I submitted my plans on November 18, 2021. It wasn’t until a review of my first submittal that parking came up as a concern for the Planning Division. I’ve been working with the Planning Division to get this issue addressed, and it has been a long and confusing process. We are beyond a year of having signed the lease for the additional space, and I still cannot use it for seating.
6) The total expense to me so far as exceeded $65,000 in rent and improvements not to mention the ABC licensing fee, compliance fee, and cost of having multiple places drawn up. There has been correction after correction asked of us regarding the plans, most of which could have been addressed in the beginning of this process and almost all of which were addressed in a timely fashion on our part, however in most cases took up to a month to be reviewed.
Taking these factors into consideration, I am encouraging you to grant this waiver so we can get our business in order and ready for visiting guests. I feel our business offers a great amount of interest in Solvang and draws visitation to the town and in turn other businesses.
Thank you,
Gary Cobb and Michael Cobb
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June 6, 2022
Monday
6:00 p.m.
CALL TO ORDER
Chair Williams called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Commissioners: Scott Gold, Joannie Jamieson, Aaron Petersen, Justin Rodriguez, Chair Jack Williams
Absent None
Staff: City Manager Xenia Bradford, Planning Consultant Laurie Tamura, Assistant City Attorney Craig Steel, City Clerk Annamarie Porter.
PLEDGE TO THE FLAG
Chair Williams led in the Salute to the Flag.
1. APPROVE ORDER OF AGENDA
Motion by Commissioner Jamieson, to approve the order of the agenda, as presented, seconded by Commissioner Petersen, and carried, unanimously, 5-0.
2. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - None
3. CONSENT ITEMS
A. Approve the minutes of the May 2, 2022 Regular meeting B. Receive and file Planning and Building Division Current Projects, June 2022 Motion by Commissioner Jamieson, to approve Consent Items, as presented, seconded by Commissioner Petersen, and carried, unanimously, 5-0.
4. EX PARTE COMMUNICATION
Commissioner Petersen reported speaking with members of the Lash Family regarding Item No. 5A.
5. PUBLIC HEARINGS
A. Public hearing to consider and provide recommendations to the City Council regarding the parking in-lieu fee waiver request for $24,752 for two parking spaces for the short-term vacation rentals at 1688 Oak Street and 393 Alisal Road
MINUTES
SOLVANG PLANNING COMMISSION
REGULAR MEETING
DocuSign Envelope ID: B8ADEE93-7666-4144-9E9E-0F71A880C716 725
Planning Consultant Laurie Tamura presented details of the staff report.
Discussion followed regarding the Planning Director’s ability to waive up to two parking spaces in the TRC zone, recent changes in the ordinance, revocability of the current agreement, whether it is appropriate to “revisit” the ordinance and specifying uses.
Chair Williams opened the public hearing.
Benjamin Woodall, representing the Lash Family, noted the family’s request is for a variance of the parking spaces; reported the space has been used without parking for the last 25 years; discussed previous uses and stated the project has been approved by the DRC.
Discussion followed regarding considering the two parking spaces behind the Building (to the south on 385 Alisal).
Susan Bott, We Watch, suggested that the Planning Commission consider consistency when reviewing in-lieu fee waivers.
Discussion followed regarding treating Buildings A, B, C, and D as one building, uses for each building, availability of on-street parking in the street frontage, the square footage of all buildings, combined, the need to consider parking in the City, overall, existence of a prior parking district, the Vacation Rental ordinance requirements for parking, on site, the vested right of the property owner to some parking and challenges related to having an irrevocable easement.
Assistant City Attorney Steel, noted this is not a variance application but an application to have an inlieu fee waived; reported the owner agreement is not an easement but rather a parking space agreement and is revocable and confirmed the waiver issue was in the context of expanding to outdoor dining and is not relevant in this case. He added the Planning Commission may recommend to City Council that the owner agreement be irrevocable and whether an in-lieu fee is allowed on the proposed type of use.
City Manager Bradford reported that staff is interested in looking at the issue and determining how the ordinances work together; noted this is the first application of this kind; added that it not the Planning Commission’s decision but the Planning Commission’s consideration and recommendations are useful to the process.
Discussion followed regarding properties that paid parking in-lieu fees in the past, the need to review past parking district fees, use of the past fees, under AB 1600 to purchase Parking Lot 5, retirement of the Parking District and the need for extenuating circumstances for waiving in-lieu fees.
Chair Williams felt the Planning Commission should deny the request and recommend that City Council consider other ways to pay for parking to avoid in-lieu fees.
Discussion followed regarding the possibility of the owner applying for a variance, the need to know whether the owner was vested in any parking and the need to do more research on this history of the property.
Planning Consultant Tamura reported that staff research the history of the property and return to the Planning Commission with the added information and noted staff will encourage that the applicant to pursue an irrevocable agreement with the adjacent neighbor.
Commissioner Petersen mentioned differences in parking requirements for hotels versus vacation rentals and stressed the need to clarify the Vacation Rental ordinance.
There were no other public comments and Chair Williams closed the public hearing.
DocuSign Envelope ID: B8ADEE93-7666-4144-9E9E-0F71A880C716 726
City Manager Bradford explained it is best for staff to conduct additional research and return to the Planning Commission with additional recommendations for moving the item forward; added the final decision would be up to City Council and commented on the applicant applying for a variance.
B. Public hearing to consider and provide recommendations to the City Council regarding the parking in-lieu fee waiver request for $61,880 for five parking spaces for High Roller Tiki Lounge at 433 Alisal Road
City Manager Bradford introduced the item; reported the High Roller Tiki Lounge is expanding their bar space; requested the Planning Commission’s general comments and advice on the matter; noted the final decision would be with the City Council; discussed the ordinance requirements relative to parking and stated the applicant would have to come up with two parking spaces because of the change in use per 1,000 square feet and can waive 1.6 spaces as parking in-lieu.
Planning Consultant Tamura provided a brief history of the property; noted there was an expansion, during COVID, into the courtyard and public right-of-way, the former of which still has sitting; reported the applicant wants to expand their bar space and must find two additional parking spaces either through an irrevocable agreement, pay the in-lieu fees or obtain a waiver from City Council.
Chair Williams opened the public hearing.
Michael Cobb, representing High Roller Tiki Lounge, provided a brief history of the property; discussed existing financial hardships; addressed existing parking and noted the expansion would be used only Friday and Saturday nights.
There were no other public comments and Chair Williams closed the public hearing.
Discussion followed regarding differences in parking requirements for retail versus bars/restaurants, considering hours of operation in calculating parking, the possibility of considering changes to the ordinance, communicating to business owners to consult with the City prior to entering into any agreements, having the applicant apply for a variance and options for the Planning Commission to recommend to City Council.
Motion by Commissioner Petersen to recommend waiver one parking space and recommend that City Council waive $12,376 in in-lieu fee, recommend waiving two parking spots for the patio parking and that the applicant reduce the interior seating space by two parking spaces until and if the applicant can enter into an irrevocable parking agreement, seconded by Commissioner Jamieson, and carried, unanimously, 5-0.
C. Public hearing to consider Planning Commission Resolution No. 22-04 recommending the City Council adopt an Ordinance amending Title 11 of the Solvang Municipal Code to address food trucks and other vending on private property in the City of Solvang and make a determination of exemption under the California Environmental Quality Act (CEQA) Planning Consultant Tamura presented details of the report.
Discussion followed regarding requirements for public versus private property, definition of “parking lots”, removing “parking lot sales”, previous removal of the special events section under Title 11 and allowing food trucks under special circumstances.
Chair Williams opened the public hearing.
There were no public comments and Chair Williams closed the public hearing.
Commissioner Jamieson felt that allowing food trucks in any zone, would hurt existing businesses and expressed disappointment with the lack of public input on this item.
DocuSign Envelope ID: B8ADEE93-7666-4144-9E9E-0F71A880C716 727
Motion by Commissioner Rodriguez to adopt Planning Commission Resolution No. 22-04 recommending the City Council adopt an Ordinance amending Title 11 of the Solvang Municipal Code to address food trucks and other vending on private property in the City of Solvang and make a determination of exemption under the California Environmental Quality Act (CEQA), as amended to remove references to “parking lot sales” from the ordinance, seconded by Commissioner Gold, and carried, unanimously, 5-0.
6. DISCUSSION ITEMS - None
7. PLANNING COMMISSIONERS' COMMENTS
Commissioner Petersen reiterated the need to review parking in the City.
Commissioner Rodriguez commented on the need to review the Vacation Rental ordinance as it related to parking.
Chair Williams agreed and noted the urgency in that similar applications will be submitted for review.
Discussion followed regarding informing vacation rental owners of the need to work closely with the City, the status of the St. George hotel project and approval of two part-time Code Enforcement Officers.
Commissioner Petersen commented on the need for Code Enforcement related to vacation rentals in the TRC.
8. STAFF COMMENTS
Planning Consultant Tamura discussed projects to be reviewed by the Planning Commission at its next meeting.
City Manager Bradford addressed the status of the General Plan Update as well as the old lumber yard project; reported on an upcoming public workshop regarding the Copenhagen corridor; announced parking will be addressed through the Circulation Element of the General Plan; noted parking will be reviewed under the Financial Plan development and commented on a review of in-lieu fees.
9. ADJOURNMENT
The meeting was adjourned at 7:56 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
DocuSign Envelope ID: B8ADEE93-7666-4144-9E9E-0F71A880C716 728
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730
RESOLUTION NO. 22-1187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG,
CALIFORNIA
TO WAIVE THE IN-LIEU PARKING FEE WAIVER OF $12,376 FOR
ONE PARKING SPACE FOR THE HIGH ROLLER TIKI LOUNGE AND
MAKE A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, a recalculation of parking spaces according to the requirements of Title 11, Chapter 11 is required upon a change of use per Section 11-11-3(B) of the Solvang Municipal Code; and
WHEREAS, an electing developer may apply to the city council for a reduction or adjustment to, or a waiver of, the in-lieu parking fee as outlined in Section 11-11-9 of the Solvang Municipal Code; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 6, 2022 at which time it heard public input to consider the request to waive the in-lieu parking fee of $61,880 for five parking spaces and make a recommendation to the City Council; and
WHEREAS, the Planning Commission recommended that the City Council waive the in-lieu parking fee of $12,376 for one space, waive two parking spaces for the patio parking as provided for in Section 11-7A-1(B)(2)(b) of the Solvang Municipal Code, and require that the Applicant enter into an irrevocable parking agreement for two off-site parking spaces within 500 feet; and
WHEREAS, the City Council held a duly noticed public hearing on July 11, 2022, at which time it heard public input to consider the recommendation from the Planning Commission regarding the waiver for the in-lieu parking fee for High Roller Tiki Lounge; and
WHEREAS, Section 11-11-9(D) of the Solvang Municipal Code provides the City Council may waive in-lieu parking fees based upon the absence of any reasonable relationship or nexus between the parking impacts of the development and either: (1) the amount of the fee charged; or (2) the type of parking facilities to be financed; and WHEREAS, the City Council determines that this request is exempt and is therefore not subject to the California Environmental Quality Act (CEQA).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are adopted in support of waiving the in-lieu parking fees.
SECTION 2. The determination of exemption under CEQA is correct.
SECTION 3. That this Resolution is effective immediately upon adoption. 731
SECTION 4. 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 on this 11th day of July 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 732
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 22-1187 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 11th day of July 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
733
Agenda Item: 10
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
Jose Acosta, Utilities Director
MEETING DATE: July 11, 2022
SUBJECT: Adopt Ordinance 22-0359 Modifying City of Solvang Municipal Code, Title 9 Water and Sewer, Chapter 3 Water Code, Article D. Water Conservation Program, 9-3d-3 Regulations During Drought Conditions. Second Reading.
Adopt Resolution No. 22-1186 Affirming the Stage Two Drought Conditions and Adopting Amended Municipal Code Section 9-3d-3 Subsection B Mandatory Stage Two Regulations
RECOMMENDATION:
That the Council adopt:
1. Ordinance 22-0359, modifying City of Solvang Municipal Code, Title 9 Water and Sewer, Chapter 3 Water Code, Article D, Water conservation program, 9-3D-3, regulations during drought conditions.
2. Resolution 22-1186 Affirming the Stage Two Drought Conditions and Adopting Amended Municipal Code Section 9-3d-3 Subsection B Mandatory Stage Two Regulations.
DUSCUSSION:
Staff has reviewed the regulations for drought conditions of the code in light of newly adopted water rates and recommended modifications to more equitably apply the requirements to conserve and associated penalties. Among recommended changes were changes to commercial and industrial customer classes regulations. The ordinance modifications are inclusive of ensuring the penalties are in line with the newly adopted water and sewer fee rate structure and clarifying language. Staff is also bringing forth recommended changes via resolution as is prescribed by the ordinance to set benchmark for residential customers. The recommendation is to move away from comparing each customer’s individual historic year benchmark, which can vary significantly from customer to customer, to setting benchmark for residential customers at average consumption rate.
Further recommendations include setting recommended triggers for entering and exiting drought regulation stages, and inclusion of water shortage contingency plan chart. These triggers are advisory only and will be set as administrative Council policy only, which will set parameters for staff for returning to Council to consider moving up or down in stages of drought regulations.
The first reading for Ordinance No. 22-0359 was presented at the council meeting on June 27, 2022.
Modification of the policy will require adoption of the ordinance on second reading and adoption of the resolution.
Staff has made modifications to the water shortage contingency plan for review this evening.
The purpose of the water shortage contingency plan chart is to allow for quick reference to the water conservation program, regulations during drought conditions. This can also be used as a tool for staff and council consideration to enter and exit each stage of the plan. The recommendations in the plan 734
would be evaluated regularly to determine if harsher or lesser triggers would be beneficial for council to determine for exiting or entering a stage is warranted. Triggers will be approved as policy, entering or exiting a stage would require adoption of a resolution by City council.
With the adoption and implementation of the new water and sewer rate structure, staff reviewed the current water code to ensure any penalties and fines were in line with these rates. The current penalties in effect will remain in place, with one exception to the ordinance. The proposed language change is as follows:
Current Language
Section 9-3D-3 Regulations during drought conditions
B. Stage two drought regulations.
1b. Commercial/industrial/institutional customer water usage penalties shall be tiered with no penalty for the allowed benchmark year percentage usage as determined by city council resolution and increasing to one and one-half (1.5) times the current water rate for the second tier and two (2.0) times the current water rate for that amount over the second tier.
Proposed Language
Section 9-3D-3 Regulations during drought conditions
B. Stage two drought regulations.
1b. Commercial/industrial/institutional customer water usage penalties shall be as follows:
0-80% of usage compared to same month in
benchmark year
No penalty. Current water rate
>80% of usage compared to the same month
in benchmark year
Penalty= 2.0x current rate, and one time
warning
Second month and each additional month
over
$1,000 penalty
The proposed language changes will place the commercial/industrial/institutional water usage and penalties in line with multifamily residential/mobile home and irrigation customers.
Staff is also bringing forth recommended changes via resolution as is prescribed by the ordinance to set benchmark for residential customers. The recommendation is to move away from comparing each customer’s individual historic year benchmark to setting benchmark for residential customers at average consumption rate.
Finally, staff recommends setting the following triggers as policy for the City to consider whether to move up or down the drought stages.
Stage One
Entering
• City wells not operating at full capacity; and
• Rainfall as of March 31 < median for current year; and/or • State water allotment less than 25% for current year; and • Upon adoption of resolution by City Council
Exiting
• State water allotment greater than 50% for current year; and /or 735
Stage Two
Entering
• Rainfall as of March 31 < median for two years; and/or • State water allotment less than 25% for two years; and • Upon adoption of resolution by City Council
Exiting
• State water allotment greater than 75% for current year; and /or Stage Three
Entering
• State water allotment less than 10% for two years; and • Upon adoption of resolution by City Council
Exiting
• State water allotment greater than 85% for current year; and /or Stage Four
Entering
• Rainfall as of March 31 < median for three years; and/or • State water allotment less than 5% for two years; and • Upon adoption of resolution by City Council
Exiting
• State water allotment greater than 90% for current year; and /or • Received rainfall >or= to median by March 31 for current year; and/or • City wells operational at full capacity
These recommended triggers can allow the City to reasonably assess our current water situation. With State water allotments varying during dry years and the variable reliability of the City’s wells, these triggers will play a vital role for determining entering and exiting of each stage.
Staff has also compiled a water shortage contingency plan chart for implementation into this section of the City Code. Attached is the chart for review. Included in the chart is the following:
- Stages of drought regulation
- Customers affected by each stage
- Voluntary/mandatory requirement
- Water allotment
- Reduction target for each stage and customer class
- Trigger for penalties at 1.5x and 2.0 x current rates - Recommended triggers for entering and exiting drought regulation stages - And prohibitions in each stage
Staff is seeking council direction for adoption of Ordinance No. 22-0359.
ATTACHMENTS:
A. Ordinance No. 22-0359
B. City of Solvang Water Shortage Contingency Plan chart C. Resolution No. 22-1186
736
ORDINANCE NO. 22-0359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, REVISING TITLE 9, SECTION 9-3D-3.B.1.B OF THE SOLVANG MUNICIPAL CODE REGARDING WATER
PENALTIES FOR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WATER USERS WHEREAS, the City Council finds that as various water supply conditions change, and State and Federal regulations may change, it is necessary and beneficial from time to time to update and revise the Solvang Municipal Code; and
WHEREAS, the City Council finds that due to periodic severe drought in California, the drought regulations contained in Title 9 of the Solvang Municipal Code require modification; and WHEREAS, the City Council desires to ensure adequate water supply to the residents and businesses of the City of Solvang during times of drought, and to implement fair and reasonable regulations to safeguard the City’s limited water resources; and WHEREAS, the City Council has reviewed the matter and finds it to be beneficial to the health, safety and general welfare of the community.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1. Title 9, Section 9-3D-3.B.1.b of the Solvang Municipal Code is hereby revised to read as follows:
1b. Commercial/industrial/institutional customer water usage penalties shall be as follows:
0-80% of usage compared to same
month in benchmark year
No penalty. Current water rate
>80% of usage compared to the same
month in benchmark year
Penalty= 2.0x current rate, and one
time warning
Second month and each additional
month over
$1,000 penalty
SECTION 2. If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.
SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to § 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 4. Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.
Attachment A
737
INTRODUCED at a regular meeting of the City Council held on the 27th day of June 2022 and PASSED, APPROVED, AND ADOPTED on this 11th day of July, 2022 ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 738
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 22-0359 was duly introduced at a regular meeting of the City Council held on the 27th day of June, 2022, and was duly adopted at a regular meeting of said City Council held on the 11th day of July 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
739
CITY OF SOLVANG WATER SHORTAGE CONTIGENCY PLAN
Stage
(Household allocations
are based on avg usage
of 18 Hunderd Cubic
Feet (HCF)/month)
Reduction
Target
Trigger for
Penalty at
1.5X
Trigger for
Penalty at
2X
Recommendations For
Entering Drought
Regulation Stages
(median rainfall is 19
inches)
Recommendations
for Exiting Drought
Regulation Stages
Prohibitions
STAGE I REGULATIONS
Customers: Single
Family Residential (SFR)
Voluntary
Allocation:
15 HCF/Month
15% N/A N/A
1.) City wells not
operating at full capacity;
and
2.) Rainfall as of March 31
< median for current
year; and/or
3.) State water allotment
less than 25% for current
year; and
4.) Upon adoption of
resolution by City Council
1.) State water
allotment greater
than 50% for current
year
1.) Irrigation of turf such as
schoolyards, parks, ball fields, golf
courses, green spaces, etc., shall be
allowed only between the hours of ten
(10:00) p.m. and six (6:00) a.m.
2.) All restaurants that provide table
service shall post, in a conspicuous
place, a notice of drought condition
and shall refrain from serving water
except upon specific request by a
customer.
3.) Operators of hotels, motels and
other commercial establishments
offering lodging shall post in each
room a notice of drought condition
containing water conservation
information. Linens and towels shall be
STAGE II
REGULATIONS
Customers: All
Customers as
Single Family
Residential
Allocation:
14 HCF/Month
20% Any usage
over 14
HCF/Month,
up to Tier 3
Any usage
entering
and above
Tier 3
Commercial/ Industrial/
Institutional
20% N/A >80% of
benchmark
usage
1.) Rainfall as of March
31 <median for two
years; and/or
2.) State water allotment
less than 25% for two
years; and
3.) Upon adoption of
resolution by City Council
1.) State water
allotment greater
than 75% for current
year
1.) Outdoor irrigation of ornamental
landscapes or turf shall be limited to no
more than two (2) days per week.
Watering shall be restricted to
Mondays and Thursdays for addresses
ending in even numbers, and to
Tuesdays and Fridays for addresses
ending in odd numbers.
2.) The use of water for the flushing of
water mains, and fire department
training exercises shall be allowed only
upon advance written approval of the
city manager
740
CITY OF SOLVANG WATER SHORTAGE CONTIGENCY PLAN
Irrigation 50% N/A >50% of
benchmark
usage
Multifamilty
Residential/Mobile
Home
10% >90% of
benchmark
usage
N/A
STAGE III
REGULATIONS
Customers: All
Customers
Mandatory
Allocation: Single
30% SFR any
usage over
13 HCF/Month
up to Tier 3
SFR any
usage
entering
and above
Tier 3
1.) State water allotment
less than 10% for two
years; and
2.) Upon adoption of
resolution by City Council
1.) State water
allotment greater
than 85% for current
year
1.) Each of the stage one and stage
two drought regulations set above shall
remain in force where not in conflict
with the provisions of stage three.
STAGE IV
REGULATIONS
Customers: All
Customers
Mandatory
Allotment
system
and/or
rationing
program as
directed by
resolution
N/A N/A 1.) Rainfall as of March
31 <median for three
years; and/or
2.) State water allotment
less than 5% for two
years; and
3.) Upon adoption of
1.) State water
allotment greater
than 90% for current
year; and/or
2.) Receive rainfall
>or= to median by
March 31 for current
1.) All exterior water use, including the
filling of spas and swimming pools,
water for fountains or decorative water
features, landscape irrigation, lawn
watering, etc., shall be prohibited
except where necessary to protect the
public health and safety.
city manager.
3.) The use of water in a fountain or
other decorative water feature, except
where the water is part of a
recirculating system, is prohibited.
4.) The penalty for a second violation
of any stage one or stage two drought
regulation shall be set by city council
741
RESOLUTION NO. 22-1186
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA,
AFFIRMING THE STAGE TWO DROUGHT CONDITIONS AND ADOPTING AMENDED MUNICIPAL CODE SECTION 9-3D-3 SUBSECTION B MANDATORY STAGE TWO
REGULATIONS
WHEREAS, in California, water year 2021 was dry, and the winter of 2022 was very dry; and
WHEREAS, the 2021 State Water allocation issued by the Department of Water Resources in March 2021 is only 5% which matches the historic record low allocation; and WHEREAS, on April 12, 2021 the Solvang City Council declared a Stage One Drought Condition; and
WHEREAS, on May 10, 2021 Governor Newsom declared a Drought Emergency for several counties within the State including Santa Barbara County; and WHEREAS, due to the statewide drought conditions the availability of supplemental water for purchase in 2022 will be very limited; and
WHEREAS, long-range rainfall projections for Southern California for winter 2022 are forecast by the National Oceanic & Atmospheric Administration (NOAA) to be below average; and
WHEREAS, in the past it has taken multiple "wet" years for Santa Barbara County water purveyors to recover from major droughts; and
WHEREAS, since the introduction of State Water, the City has relied heavily each year on State Water as its primary source of water supply; and WHEREAS, the City of Solvang is facing some uncertainty with respect to water supply; and
WHEREAS, the City of Solvang on August 23, 2021 declared a Stage Two Drought Condition by Resolution No. 21-1145, per Municipal Code Section 9-3D-3, which would activate mandatory water conservation efforts with penalties and mandatory irrigation time of use restrictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City of Solvang hereby adopts the amended Mandatory Stage Two Drought Regulations, per City Code Section 9-3D-3 attached and included herein as Exhibit A.
SECTION 2. Constitutionality. If any portion of this resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this resolution shall remain in full force and effect.
742
SECTION 3. Effective Date. That this resolution shall be effective immediately upon adoption.
SECTION 4. 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 on this 11th day of July 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 743
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certifythat Resolution No. 22-1186 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 11th day of July 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
744
EXHIBIT A
STAGE 2 DROUGHT REGULATIONS
Provision 1 of Stage Two Drought Regulations shall take effect beginning immediately following the reading of water meters in August of 2022 and shall be reflected on the September 2022 water bills. All other provisions of the Stage Two Drought Regulations shall take effect August 1, 2022.
Stage Two Drought Regulation shall remain in effect until such time as they are cancelled by resolution of the Solvang City Council.
Municipal Code Section 9-3D-3: REGULATIONS DURING DROUGHT CONIDIONS:
Subsection B- Mandatory Stage Two Regulations (subject to penalties)
1. Mandatory reduction in water use from average monthly water usage by all customers of 20% based on customer class as follows (benchmark year is fiscal year 2019-20):
a. Single family residential customers water usage penalties shall be tiered with no penalty for the allowed residential usage as determined by City Council resolution and increasing to 1.5 times the current water rate for any usage over 14 HCF/Month and 2.0 times the current water rate for that amount over the third tier.
b. Commercial/industrial/institutional customers water usage penalties shall be as follows:
i. 0-80% of usage compared to the same month in the benchmark year- No penalty:
Current water rate.
ii. >80% of usage compared to the same month in the benchmark year- Penalty =
2.0x current water rate, and one-time warning. Second month and each addition month over = $1,000 penalty.
c. Irrigation only customers water usage penalties shall be as follows:
i. 0-50% of usage compared to the same month in the benchmark year- No penalty:
Current water rate.
ii. >50% of usage compared to the same month in the benchmark year- Penalty =
2.0x current water rate, and one-time warning. Second month and each addition month over = $500 penalty.
d. Multi-family residential/mobile home customers water usage penalties shall be as follows:
i. 0-90% of usage compared to the same month in the benchmark year- No penalty:
Current water rate.
ii. >90% of usage compared to the same month in the benchmark year- Penalty =
1.5x current water rate.
2. Outdoor irrigation of ornamental landscapes or turf shall be limited to no more than two days per week. Watering shall be restricted to Mondays and Thursdays for addresses ending in even numbers, and to Tuesdays and Fridays for addresses ending in odd numbers.
3. The use of water for flushing of water mains, and fire department training exercises shall be allowed only upon written approval of the City Manager.
4. The use of water in a fountain or other decorative water feature, except where the water is part of a recirculating system, is prohibited.
5. The penalty for a second violation of any Stage One or Stage Two Drought Regulations shall be set by City Council resolution (currently $100 per occurrence), after a written warning upon first violation.
6. Each of Stage One Drought Regulations set forth in Subsections A1 through A8 of this section shall remain in force where not in conflict with the provisions of this Subsection B. 745
Agenda Item Number: 11
Solvang City Council STAFF REPORT
PREPARED BY: Rodger A. Olds, Director of Public Works/City Engineer MEETING DATE: July 11, 2022
SUBJECT: Award a Construction Contract with V. Lopez Jr. & Sons General Engineering Contractors, Inc. for the Second Street Drainage and Lot 5 Improvements CP2022-01 in the amount of $912,593.00, and up to $91,260.00 in contingencies; and
Approve a budget adjustment in the amount of $1,049,853 RECOMMENDATION:
1. Award a Construction Agreement with V. Lopez Jr. & Sons General Engineering Contractors Inc. in the amount of ($912,593.00) and authorize execution of the Agreement by the Mayor.
2. Authorize the City Manager to execute any change orders if within a contingency amount of $91,260.
3. Approve a budget adjustment for the amount of $1,049,853.
DISCUSSION:
The Second Street Drainage and Lot 5 Improvement Project is part of the 2021/22 Capital Improvement Program. The project scope includes the installation of 36-inch storm drain and storm drain manholes in Second Street between Copenhagen Drive through Oak Street and terminating withing Lot 5. The project also includes stormwater trash capture and diversion structures, retaining walls, and site improvements to the City owned Lot 5. The project is the second phase of the project intended to improve storm drain capacity from Mission Drive near Solvang Park into an open channel drainage course which eventually spills to the Santa Ynez River. The trash capture structure is intended to partially address the upcoming requirements imposed by the Regional Water Quality Control Board for the elimination of trash in waters released from the City. The project is expected to take 10-12 weeks to complete.
The Public Works Department publicly advertised bids on May 19, 2022. The City received bids from eight (8) contractors. Bids were opened bids on Tuesday June 21st at 2:00 PM in the City Hall Council Chambers. The Detailed Bid Results listing the bidders and bid amounts is attached as Attachment B.
There have been no protest to the Bid at the time of this writing.
Staff has reviewed all bids and found the apparent low bid received from V. Lopez Jr. & Sons, Inc. to be complete and responsive. V. Lopez Jr. & Sons, Inc. is experienced in this type of construction and has completed several similar projects in the past for local public agencies.
The bids received for this project were twenty percent (20%) higher than the engineer’s estimate and fifty percent (50%) higher than the amount budgeted for the project. The primary reason for this is pricing for materials, equipment and fuel has increased at an unprecedented and unanticipated rate.
Staff has reviewed the project and is confident that a reduction in scope through the contract change order process to remove some of the unnecessary elements of the project such as the trash collection device and certain Lot 5 site improvements including the retaining wall will result in a project cost that will be more in line with budgeted cost of the project. This will defer certain improvements to Lot 5 to the Lot 4 & 5 EV charging station project scheduled for construction in early 2023. Staff has reached 746
out to the apparent low bidder to discuss potential cost savings to the contract, and the apparent low bidder has stated that they are willing to work with the City to construct a more affordable project.
Staff recommends awarding the contract to the apparent low bidder, V. Lopez Jr. & Sons, Inc in the amount of $912,593.00 in order to honor the bidding process and move forward with the project.
However, staff recommends reducing project scope and not proceeding with certain elements of the project such as installation of proposed trash capture which will result in significant budget savings.
Staff recommends returning to Council at a later date with Stormwater program management and funding discussion for policy direction.
ALTERNATIVES:
City Council could direct staff to reject all bids and rebid the project with a revised design reducing the scope of the project. This alternative will delay the project and will result in additional costs to revise the project design.
FISCAL IMPACT:
award the contract, It is recommended that the City Council approve a budget adjustment in the total amount of $912,593 to assign funding sufficient to cover the contract $600,000 was budgeted for this project in FY 2021-22. Since the City did not enter into a contract within that fiscal year the funding has lapsed and would fall to fund balance without Council re-approval to fund the project in the fiscal year.
Since the lowest bid came in significantly higher, staff recommends assigning $449,853.00 from Measure A to this project. The Measure A amount will be drawn from the City of Solvang’s Measure A Program allotment, which currently has a balance of $3,000,000.
The following is a breakdown of the fiscal requirements to deliver the project:
ANTICIPATED PROJECT COSTS
Contract Amount $ 912,593.00
Contingency (10%) $ 91,260.00
Special Inspection and Oversite (5%) $ 46,000.00
Total Anticipated project Costs $1,049,853.00
AVAILABLE 2021/22 CIP PROJECT FUNDING
2021/22 CIP General Fund Contribution
(Account No. 300-1600-600-70105) $ 500,000.00
2021/22 CIP Measure A Contribution
(Account No. 300-2500-803-70105) $ 100,000.00
2021/22 CIP Project Budgeted Amount $ 600,000.00
PROPOSED ADDITIONAL PROJECT FUNDING
Additional Funding Necessary (Cost minus Budget) $ 449,853.00 Proposed Additional Measure A Contribution
(Into Account No. 300-2500-803-70105) $ 449,853.00
ATTACHMENTS:
A – V. Lopez Jr. & Sons, Inc. – Agreement
B – Detailed Bid Results
747
CONSTRUCTION AGREEMENT
PROJECT: CITY OF SOLVANG – SECOND STREET DRAINAGE AND PARKING LOT IMPROVEMENTS AMOUNT OF CONTRACT: $912,593.00
THIS AGREEMENT, made and entered into this 11th day of July, 2022, by and between the City of Solvang hereinafter referred to as "Agency", and V. Lopez Jr. & Sons, Inc., hereinafter referred to as "Contractor".
IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES DO HEREBY AGREE as follows:
ARTICLE I: GENERAL
For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said Agency, said Contractor agrees with said Agency to perform and complete in a workmanlike manner all work required under the Bidding Schedule of said Agency's Specifications entitled SECOND STREET DRAINAGE AND PARKING LOT IMPROVEMENTS in accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment, tools, transportation, and services necessary therefore, except such materials, equipment and services as may be stipulated in said Specifications to be furnished by said Agency, and to do everything required by the Agreement and the said Specifications and Drawings, for the sum of $912,593.00, pursuant to the Bidding Schedule attached hereto and made a part hereof.
ARTICLE II: PAYMENT
For furnishing all said labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement and the said Specifications and Drawings; for all loss and damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said Agency, and for all risks of every description connected with the work; for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said Agency and for completing the work in accordance with the requirements of said Specifications and Drawings, said Agency will pay, and said Contractor shall receive, in full compensation there for, the price named in the above mentioned Bidding Schedule.
ARTICLE III: CONSIDERATION
The Agency hereby employs said Contractor to perform the work according to the terms of this Agreement for the abovementioned price and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: INDEMNIFICATION
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. 748
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Contractor is a “design professional”, and the Scope of Services require Contractor to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Contractor shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Contractor and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Contractor, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Contractor shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Contractor unless adequately corrected by Contractor. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Contractor under this paragraph exceed Contractor’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs.
(d) The duty to defend is a separate and distinct obligation from the Contractor’s duty to indemnify. The Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City of Solvang, the City of Solvang and its elected officials, officers, and employees, immediately upon submittal to the Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. A determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Contractor from its separate and distinct obligation to defend City of Solvang. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Contractor may submit a claim to the City of Solvang for reimbursement of reasonable attorneys’ fees and defense costs.
(e) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
(f) Liabilities subject to this Section include any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Contractor or any of the Contractor’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractor of the Contractor or its subcontractors, the Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractor.
ARTICLE V: WAGES
The payment of prevailing wages are required on this project. The general prevailing rates of per diem wages and general prevailing rate for holiday and overtime work in the locality in which the work is to be performed have been determined by the Agency. Said general prevailing rates of per diem wages are hereby incorporated herein and made a part hereof. The Contractor agrees that he, or any subcontractor under him, will pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the Contract. Any contractor who is awarded a public works project and intends to use a craft or classification not 749
shown on the general prevailing wage determinations, may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of the call for bids.
ARTICLE VI: HOURS AND WORKING CONDITIONS
The Agency is a public entity in the State of California and is subject to the provisions of the Government Code and the Labor Code of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.
ARTICLE VII: COMPONENTS OF AGREEMENT
The Bid Information Sheet, Contractor's Proposal, Bid Bond, Information Required of Bidder, Faithful Performance Bond, Labor and Material Bond, Certificate of Compliance, Insurance Requirements for Contractors, Labor Provisions, Standard Specifications for Public Works Construction (latest edition), General Provisions, General Provisions Modifications, Special Provisions, Specifications, Drawings and all Addenda issued by the Agency with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.
IN WITNESS WHEREOF, this contract has been executed on the day and year first above written.
CITY OF SOLVANG CONTRACTOR
V. LOPEZ JR. & SONS, INC.
By: By:
Xenia Bradford, City Manager Vince Lopez III - President Date: Date:
APPROVED AS TO FORM
Richards, Watson & Gershon
By:
Dave Fleishman, City Attorney
Date:
ATTEST:
_______________________________
Annamarie Porter, City Clerk
750
Summary of Bids Received
Bid Opening Date: June 21, 2022 V. Lopez JR. & Sons
PWD Santa Maria Oxnard Arroyo Grande
ITEM
NO.
Bid
Quantity
Unit of
Measure DESCRIPTION Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 1 LS Mobilization (and Demobilization) $ 36,200.00 $ 36,200.00 $16,240.00 $16,240.00 $ 40,000.00 $ 40,000.00 $ 25,000.00 $ 25,000.00 2 1 LS Stormwater Management $ 3,000.00 $ 3,000.00 $2,800.00 $2,800.00 $ 7,500.00 $ 7,500.00 $ 1,750.00 $ 1,750.00 3 1 LS Temporary Traffic Control $ 7,000.00 $ 7,000.00 $40,000.00 $40,000.00 $ 38,000.00 $ 38,000.00 $ 11,500.00 $ 11,500.00 4 1 LS Survey & Construction Staking $ $ 5,000.00 $10,909.00 $10,909.00 16,000.00 5,000.00 $ $ 16,000.00 $ 8,250.00 $ 8,250.00 5 15 EA Potholing $ 1,500.00 $ 22,500.00 $560.00 $8,400.00 $ 800.00 $ 12,000.00 $ 1,750.00 $ 26,250.00 6 1 LS Clearing and Grubbing at Parking Lot 5 $ 15,000.00 $ 15,000.00 $11,000.00 $11,000.00 $ 5,000.00 $ 5,000.00 $ 5,500.00 $ 5,500.00 7 25 LF 18-inch HP Storm Drain Pipe in Open Trench $ 230.20 $ 5,755.00 $395.00 $9,875.00 $ 350.00 $ 8,750.00 $ 430.00 $ 10,750.00 8 5 LF 21-inch HP Storm Drain Pipe in Open Trench $ $ 1,245.00 $1,554.00 $7,770.00 398.00 249.00 $ $ 1,990.00 $ 450.00 $ 2,250.00 9 647 LF 36-inch HP Storm Drain Pipe in Open Trench $ 269.68 $ 174,482.96 $351.00 $227,097.00 $ 442.00 $ 285,974.00 $ 460.00 $ 297,620.00 10 150 LF 36-inch RCP Storm Drain Pipe in Open Trench $ 339.83 $ 50,974.50 $534.00 $80,100.00 $ 525.00 $ 78,750.00 $ 375.00 $ 56,250.00 11 1 EA 60-inch Diameter Storm Drain Manhole No. 1 $ 22,000.00 $ 22,000.00 $23,705.00 $23,705.00 $ 16,500.00 $ 16,500.00 $ 15,300.00 $ 15,300.00 12 1 EA 60-inch Diameter Storm Drain Manhole No. 2 $ 22,000.00 $ 22,000.00 $23,705.00 $23,705.00 16,000.00 $ $ 16,000.00 $ 16,200.00 $ 16,200.00 13 1 EA 60-inch Diameter Storm Drain Manhole No. 3 $ 22,000.00 $ 22,000.00 $23,929.00 $23,929.00 $ 16,300.00 $ 16,300.00 $ 17,050.00 $ 17,050.00 14 1 LS Pre-Cast Concrete Diversion Structure with CIP Wall/Weir $ 27,605.00 $ 27,605.00 $63,526.00 $63,526.00 $ 58,000.00 $ 58,000.00 $ 71,500.00 $ 71,500.00 15 1 LS Pre-Cast Concrete Trash Capture Structure $ 80,110.00 $ 80,110.00 $136,853.00 $136,853.00 $ 165,800.00 $ 165,800.00 $ 135,500.00 $ 135,500.00 16 70 CY Structural Concrete Retaining Wall $ 1,500.00 $ 105,000.00 $1,400.00 $98,000.00 $ 1,235.00 $ 86,450.00 $ 2,640.00 $ 184,800.00 17 1 LS Earthwork and Site Grading at Parking Lot 5 $ 15,000.00 $ 15,000.00 $14,616.00 $14,616.00 7,500.00 $ $ 7,500.00 $ 14,900.00 $ 14,900.00 18 260 CY Class 2 Aggregate Base (6-in depth) at Parking Lot 5 $ 75.00 $ 19,500.00 $41.00 $10,660.00 $ $ 16,900.00 205.00 65.00 $ $ 53,300.00 19 70 LF Concrete Retaining Curb $ 100.00 $ 7,000.00 $49.00 $3,430.00 $ $ 6,650.00 65.00 95.00 $ $ 4,550.00 20 102 LF Metal Hand Railing $ 150.00 $ 15,300.00 $253.00 $25,806.00 200.00 $ $ 20,400.00 318.00 $ $ 32,436.00 21 1 LS Rip-Rap Channel Rock Slope Protection (RSP) $ 15,000.00 $ 15,000.00 $12,114.00 $12,114.00 18,500.00 $ $ 18,500.00 33,500.00 $ $ 33,500.00 22 1 EA Commercial Concrete Driveway (W=24-ft) $ 10,220.00 $ 10,220.00 $7,016.00 $7,016.00 9,500.00 $ $ 9,500.00 6,550.00 $ $ 6,550.00 23 1 LS Storm Drain Abandonment, Demolition, Reconstruction per Plan Sheet No. 12 $ 61,745.00 $ 61,745.00 $40,573.00 $40,573.00 18,500.00 $ $ 18,500.00 18,000.00 $ $ 18,000.00 24 1 LS Traffic Striping $ 5,000.00 $ 5,000.00 $4,469.00 $4,469.00 12,500.00 $ $ 12,500.00 1,850.00 $ $ 1,850.00 25 1 LS Miscellaneous Work (T&M Not to Exceed) $ 10,000.00 $ 10,000.00 $10,000.00 $10,000.00 10,000.00 $ $ 10,000.00 10,000.00 $ $ 10,000.00 TOTAL BASE BID $ 758,637.46 $912,593.00 $ 973,464.00 $ 1,060,556.00 5 Bid Amount City
Tierra Contracting - Santa Barbara $ 1,116,446.00 Grover Beach Raminha Constuction, Inc - Atascadero $ 1,148,050.00 Fresno Toro Genral Engineering Contractors - Oxnard $ 1,171,248.00 Nipomo Specialty Constuction, Inc. - San Luis Obispo $ 1,245,933.00 Arroyo Grande John Madona Constuction CO., Inc - San Luis Obispo $ 1,316,660.00 Ventura Hand Railing Traffic Striping
Traffic Control
Pipe Abandonment
Paving
Trade
Apparent Low Bid Listed Sub-Contractors
Toste Constuction, Inc.
C&W Fence
Paving
Pipe Abandonment
Traffic Control
CITY OF SOLVANG
SECOND STREET AND Lot 5 DRAINAGE IMPROVEMENT PROJECT
Engineer's Estimate J. Vega Engineering, Inc. Brough Construction, Inc.
Additional Bidders Apparent Low Bid Listed Sub-Contractors Apodaca Paving
Name
Geo Cell Solutions, Inc.
TMI
Name and City
751
CITY COUNCIL MEETING
JULY 11, 2022
Item 1
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS Public Comment received regarding Planning Commission
decision to waive Parking Requirements at 393 Alisal and 1688 Oak Street.
CITY COUNCIL MEETING
JULY 11, 2022
Item 9
RESOLUTION NO. 22-1187 PARKING IN-LIEU FEE WAIVER REQUEST FOR HIGH ROLLER TIKI LOUNGE AT 433 ALISAL ROAD
Approve waiver of parking in-lieu fee for one parking space in accordance with Planning Commission recommendations
Revision to Resolution to add Section 2 City Council Findings.
R 22-1187 Tiki Lounge Parking in Lieu
RESOLUTION NO. 22-1187
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SOLVANG, CALIFORNIA
TO WAIVE THE IN-LIEU PARKING FEE WAIVER OF $61,880 FOR
FIVE PARKING SPACES FOR THE HIGH ROLLER TIKI LOUNGE AND
TO MAKE A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, a recalculation of parking spaces according to the requirements of Title 11, Chapter 11 is required upon a change of use per Section 11 -11-3(B) of the Solvang Municipal Code; and
WHEREAS, an electing developer may apply to the city council for a reduction or adjustment to, or a waiver of, the in-lieu parking fee as outlined in Section 11-11-9 of the Solvang Municipal Code; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 6, 2022 at which time it heard public input to consider the request by the High Roller Tiki Lounge to waive the in-lieu parking fee of $61,880 for five parking spaces and make a recommendation to the City Council; and
WHEREAS, the Planning Commission recommended that the City Council waive the in-lieu parking fee of $12,376 for one space, waive two parking spaces for the patio parking as provided for in Section 11-7A-1(B)(2)(b) of the Solvang Municipal Code, and require that the Applicant enter into an irrevocable parking agreement for two off-site parking spaces within 500 feet; and
WHEREAS, the City Council held a duly noticed public hearing on July 11, 2022, at which time it heard public input to consider the recommendation from the Planning Commission regarding the waiver for the in-lieu parking fee for High Roller Tiki Lounge; and
WHEREAS, Section 11-11-9(D) of the Solvang Municipal Code provides the City Council may waive in-lieu parking fees based upon the absence of any reasonable relationship or nexus between the parking impacts of the development and either: (1) the amount of the fee charged; or (2) the type of parking facilities to be financed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are adopted in support of waiving the in-lieu parking fees.
SECTION 2. The City Council approves the waiver of the in-lieu parking fee in the amount of 61,880 for five parking spaces because there is no reasonable relationship or nexus between the parking impacts of this development, and the amount of the fee charged.
SECTION 3. This Resolution has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to § 15061( b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no DocuSign Envelope ID: 09A9D868- 974B-4BDA- 909B-BE99A78BB98A R 22-1187 Tiki Lounge Parking in Lieu
possibility the passage of this Resolution will have a significant effect on the environment.
SECTION 4. That this Resolution is effective immediately upon adoption.
SECTION 5. 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 on this 11th day of July 2022.
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
Dave Fleishman, City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: 09A9D868- 974B-4BDA- 909B-BE99A78BB98A R 22-1187 Tiki Lounge Parking in Lieu
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 22-1187 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 11th day of July 2022, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES: CLARKE, INFANTI, ORONA, THOMAS, UHRIG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Annamarie Porter, City Clerk
DocuSign Envelope ID: 09A9D868- 974B-4BDA- 909B-BE99A78BB98A