Agenda 2022-09-26 CC
CITY COUNCIL AGENDA
MONDAY, SEPTEMBER 26, 2022
6:30 PM REGULAR MEETING
VIRTUAL & IN COUNCIL CHAMBER, 1644 OAK STREET, SOLVANG, CA 93463 City Council:
Charlie Uhrig, Mayor
Mark Infanti, Mayor pro tem
Robert Clarke, Councilmember
Claudia Orona, Councilmember
Jim Thomas, Councilmember
Pursuant to California Assembly Bill 361 City Council meetings are permitted to be held via teleconferencing and the City will provide both remote and in-person participation options. Members of the public can observe and address the meeting telephonically or electronically. Virtual participation is available via Zoom or phone. Join the Zoom meeting by visiting https://zoom.us/j/3066529195 (Meeting ID: 306 652 9195). If you wish to speak, please use the “raised hand” symbol. If you would like to make a comment by phone, please call into conference line at (888) 788-0099 (Meeting ID: 306 652 9195). The phone line will be open starting at 6 p.m. In-person speakers will be invited to make public comments first. Virtual speakers will follow. You may also observe the live stream of the City Council meetings on www.CityofSolvang.com or www.CityofSolvang.com/YouTube.
Distribution to the City Council – You may, but are not required to, submit your comment in advance.
Should you wish to do so, please do so via email prior to 5 p.m. on the Friday prior to the Council meeting to the City Clerk at: [email protected]. Your comment will be recorded and distributed appropriately.
AGENDA AND SUPPORTING MATERIALS - Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1644 Oak Street, Solvang, during regular business hours and on the City’s website www.cityofsolvang.com AGENDA POSTING NOTIFICATION - If you would like to receive notification of the agenda availability, please subscribe to our “Notify Me” list at: https://www.cityofsolvang.com/List.aspx. You will receive notification when the agenda is available for viewing on the website and you may view and/or print a copy.
DOCUMENTS DISTRIBUTED FOLLOWING THE POSTING OF THE AGENDA. Any writings that relate to an agenda item for an open session that is distributed to a majority of the Council after the posting of the agenda, will be available for public inspection at the City Clerk’s office, and may be posted to the website.
PUBLIC COMMENT - The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council on non-agenda items, you may do so during the PUBLIC PARTICIPATION ON NON-AGENDA ITEMS section on the agenda. Each person is allotted three (3) minutes to speak.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT - It is the intention of the City of Solvang to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested. 1 Agenda 2022-09-26 CC
6:30 PM OPEN SESSION – REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None PRESENTATIONS - None
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS The Public may address the Council on items not on the Agenda and on Consent. Each speaker will be afforded three minutes and may speak only once. State Law does not allow action to be taken unless it is noticed on the agenda. Council may briefly respond or ask Staff to follow up on such items and/or schedule the matter to a future meeting.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report…………………………………………………………………………………………………4
3. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.
4. CONSENT ITEMS
All items listed under Consent are considered and acted upon by one motion, unless discussion is requested by Council Members.
a. Approve order of Agenda
b.Approve City Council Minutes of September 12, 2022 ………………………………………………5 c. Award a Contract to Roy Allen Slurry Seal Inc for the FY 2022-23 Slurry Seal Project No. PW 22-02 in the amount not to exceed $455,512.20 and authorize the Mayor to execute on behalf of the City, and approve any change orders within a contingency amount of $45,515, and authorize the City Manager to Execute on behalf of the City……………….. ………………………………….9 PUBLIC HEARINGS - None
BUSINESS ITEMS
5. APPROVE CONTRACT AMENDMENT WITH SANTA BARBARA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2022-23 ……………………………………….12
6. APPOINT ONE COMMITTEE MEMBER TO FILL VACANCY ON THE TOURISM ADVISORY COMMITTEE …………………………………………………………………………………………….23
Appoint Tourism Advisory Committee Member
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
8. ADJOURNMENT
2 Agenda 2022-09-26 CC
AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.
Dated this 20th day of September 2022.
3 Meeting Date Agenda Item Agenda Action
10-Oct Waste Management Presentation Presentation Receive Chamber of Commerce Contract Proposal Sub-Committee
Recommendations Busienss Approve
Julefest Special Event Program Busienss Approve
Outdoor Dining Policy Direction Business Policy
Broadband Strategic Plan Business Approve
Quarterly Projects Update Presentation Receive
Code of Conduct Update Business Approve
AB 1600 report Consent Approve
24-Oct Quarterly Financial Report Business Receive
Employee of the Quarter Presentation
Parking In-Lieu Ordinance Amendment 1st Hearing Public Hearing Approve 14-Nov
Parking In-Lieu Ordinance Amendment 2nd Hearing Consent Approve 28-Nov Stormwater Management Program Annual Report Business Receive General Plan Update Preliminary Draft Review Business Policy 5-Dec Special City Council Meeting Housing Element Preliminary Review Business Policy
12-Dec Annual Comprehensive Financial Report Audit Receive Accept Results of the Election Business Approve
Appointment of Mayor pro tem Business Appoint
Council selection of representatives to Committees and
Agencies Business Appoint
26-Dec Cancelled
Meeting Date Agenda Item Agenda Action
N/A
Agenda Item Agenda Action
November Stormwater Management Program Annual Report Consent Receive December Appointment of Mayor pro tem Business Approve
December Council selection of representatives to Committees and Agencies Business Approve
December (every
two years/ even
year) Appointment to Boards, Commissions, Committees Business Approve January Comprehensive Annual Financial Report Business Approve January Grant Funding Policy Review Business Approve
February Measure A 5-Year Local Program of Projects Public Hearing Approve February Fiscal Outlook and Financial Policies Business Approve February (every-two
years/ even year)
Council Budget Goal Setting Public WorkshopApprove
March SB1 RMRA project List Public Hearing Approve
March Investment Policy Annual Review Business Approve
March Solvang Skytt Mesa LLMD Annual Assessment Public Hearing Approve March FTA 5311 Grant Agreement Consent Approve
March TDA Grant Funding Consent Approve
May Preliminary Budget
Oct/Jan/April/July Quarterly Financial Reports Business Approve June Two-Year Financial Plan Development or Supplemental Budget adoption Business Adopt
June Capital Improvement Program Business Adopt
June/July Amend Appropriation Limit Public Hearing Adopt July AB 1600 Report Business Approve
Council Requested Agenda Items
Annual Reports
ADVANCE CALENDAR
Agenda Item: 2
4 Minutes 2022-09-12 CC Regular 1
September 12, 2022
Tuesday
6:30 p.m.
CALL TO ORDER
Mayor Uhrig called the meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Charlie Uhrig; Mayor pro tem Mark Infanti; Councilmembers Robert Clarke, Claudia Orona, Jim Thomas
Staff: City Manager Xenia Bradford, City Attorney David Fleishman, City Clerk Annamarie Porter, Public Works Director Roger Olds
PLEDGE TO THE FLAG
Councilmember Orona led in the Salute to the Flag.
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None PRESENTATIONS - None
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS Janice Matthews withdrew her candidacy for District 3 City Council and expressed her endorsement of Dave Brown for the position.
Bob Bot spoke about cutting back on water usage to comply with the new drought measures; questioned the feasibility of approving any new development in the City until the water shortage is resolved; suggested the City declare a moratorium on new developments and urged City Council to consider such an action.
Michael Baker, CEO, Boys and Girls Club, thanked the City for its support; spoke about the growing program; noted they are working on trying to get more space and encouraged City Council to visit.
There were no other public comments.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Bradford addressed upcoming special events; discussed Julefest programs; spoke about the Tourism Advisory Committee; announced the upcoming General Municipal Elections and provided details of the Advance Calendar.
Discussion followed regarding the Tourism Advisory Subcommittee and the Contract Subcommittee.
3. COUNCIL COMMENTS AND REQUESTS
MINUTES
SOLVANG CITY COUNCIL
REGULAR MEETING
Agenda Item: 4.b
5 Minutes 2022-09-12 CC Regular 2
Mayor pro tem Infanti requested Council approval to add the following to City Council’s next agenda:
consideration of a construction moratorium until the water drought is resolved and consideration of penalties for not meeting water cut backs according to types of businesses and usage.
Regarding the latter, Councilmember Thomas suggested not discussing it at a City Council meeting, but rather a townhall meeting at the Veterans Hall.
Mayor Uhrig suggested placing the item on City Council’s agenda for the first meeting in October.
Mayor pro tem Infanti spoke about the possibility of creating a YouTube video explaining how the water cutbacks are working as well as the related penalties.
City Council concurred with Mayor pro tem Infanti’s request.
Councilmember Clarke spoke about a moratorium on new construction; reported on moratoriums within the City of Santa Barbara and a related study of where major water usage was occurring; discussed the possibility of holding one-day events on Sundays versus Saturdays; commented on rampant understaffing in businesses, noting it is time to stop giving food away and entice people to go back to work; talked about hotel taxes charged by other cities, adding that he would like the matter placed on a future agenda and mentioned suggestions from Michael Mendizza to lighten up and beautify the corridor at the end of Alisal and stated he would like for him to make a presentation to City Council.
Mayor pro tem Infanti reported receiving a letter that citizens cannot post their votes at polling places and that the upcoming election is mail-in only.
City Manager Bradford reported the City did not receive such notice and will check with the County and State.
Mayor Uhrig announced the 30th anniversary of People Helping People; commented on the need for volunteers for Danish Days; reported on the upcoming Homecoming for the high school football team; addressed the upcoming book sale at the Library, the Solvang School Arts and Music Foundation fundraiser, new exhibits at the Wilding Museum and a Western Flair Ball hosted by Solvang Veterans and an upcoming Vikings blood drive.
4. CONSENT ITEMS
a. Approve order of Agenda
b. Approve City Council Minutes of August 22, 2022
c. Adopt Resolution No. 22-1191 a Resolution of the City Council of the City of Solvang, California, Authorizing Remote Teleconference Meetings of the Solvang Meeting Bodies d. Approve Warrant Register for the Month of August 2022 e. Adopt Resolution No 22-1192 modifying Exhibit A – Stage 2 Drought Regulations f. Approve Budget Amendment to fund the Santa Ynez Valley Transit (SYVT) 5-Year Transit Development Plan for the Amount of $41,650
g. Adopt Resolution No. 22-1193 amending Set Pay Ranges and Benefits for Unrepresented Employees Effective August 1, 2022
Councilmember Orona pulled Item No. f for separate discussion and asked for clarification of the budget amendment request.
6 Minutes 2022-09-12 CC Regular 3
City Manager Bradford reported the $41,650 is an additional request separate from what was already approved and stated it is for a Transit Management Plan and when the budget was considered that amount was not included.
Public Works Director Olds explained this is for a study, conducted every five years and because of an oversight, was not carried over to this fiscal year in the budget. He added that it is not a General Fund expenditure and will be drawn from reserves.
There were no public comments on this item.
Motion by Councilmember Clarke, to approve the Consent Agenda, as presented, seconded by Mayor pro tem Infanti, and carried 5-0.
PUBLIC HEARINGS - None
BUSINESS ITEMS
5. APPROVE HISPANIC HERITAGE CELEBRATION SPECIAL EVENT APPLICATION Approve Hispanic Heritage Celebration special event application City Manager Bradford introduced the item and deferred to applicant Adrianna Reyes, People Helping People for a report.
Applicant Reyes, provided details of the upcoming event and noted music will end at 8:00 p.m.
There were no public comments on this item.
Motion by Councilmember Orona, to approve Hispanic Heritage Celebration special event application, seconded by Mayor Uhrig, and carried with a roll call vote of 5-0.
6. APPOINT ONE COMMITTEE MEMBER TO FILL VACANCIES ON THE TOURISM
ADVISORY COMMITTEE
City Manager Bradford presented a brief report.
There were no public comments on this item.
Councilmember Clarke appointed Christina Chacho to the Tourism Advisory Committee.
7. DOWNTOWN PLAZA SURVEY RESULTS
Receive a report on Downtown Plaza Concept Survey Results City Manager Bradford presented details of the report; addressed status of the General Plan update; commented on the downtown plaza being potentially included as a Community Design Element; discussed a recent workshop and results of a concept survey; announced the preferred option and sample comments and noted this is an informational item with no action required at this time.
Discussion followed regarding cost estimates for the various options, development of the options and the need to consider parking impacts.
Sheila Benedict, via Zoom, spoke about visiting many countries in Europe that have plaza concepts and noted they do not rely on parking as many people walk, ride public transportation or ride their bikes.
7 Minutes 2022-09-12 CC Regular 4
There were no other public comments on this item.
8. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
Councilmember Clarke reported attending the League of California Cities annual conference; spoke about the subject of the various sessions and discussed the session relative to fixing Prop 47.
Mayor pro tem Infanti commented on attending the League of California Cities annual conference; noted attending the session regarding Public Safety and regarding taxes and discussed working with other cities to help each other.
9. ADJOURNMENT
The meeting was adjourned at 7:36 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
8 Agenda Item Number: 4c
Solvang City Council STAFF REPORT
PREPARED BY: Rodger A. Olds, Director of Public Works/City Engineer MEETING DATE: September 26, 2022
SUBJECT: Award a Construction Contract with Roy Allan Slurry Seal, Inc. for the FY 2022-23 SLURRY SEAL PROJECT SOLVANG PROJECT NO. PW22-02 RECOMMENDATION:
1. Award a Construction Agreement with Roy Allan Slurry Seal, Inc. including Bid Alternates 1 and 2 in the total amount of ($455,512.20) 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 $45,515.
DISCUSSION:
The FY 2022-23 Slurry Seal Project is a vital part of the City’s pavement maintenance and management program. Type II Slurry Seals is considered a preventative maintenance treatment and is the preferred treatment for roadways that are in generally good shape with no structural distress. The Creekside and Skytt Mesa neighborhood streets were treated with a crack seal to seal up minor cracks last year in preparation of this project.
The project scope includes the placement of Type II emulsion-aggregate slurry seal (EAS) onto various City Streets within the Skytt Mesa and Creekside neighborhoods. Installation of permanent traffic striping, pavement markings and markers are also included in the project scope for the Contractor to complete.
In addition to the roadway Slurry, pavement treatments for the parking lot at Sunny Fields Park and Hans Christian Anderson (HCA) Park were bid with this project as additive alternatives. This additional work includes the application of crack seal along the HCA access road followed by a Type II slurry seal.
The parking areas in both HCA and Sunny Fields Parks will also receive a crack seal treatment followed by a “Parking Lot” slurry, and new parking lot striping. This treatment will provide a preventive maintenance coating on the park asphalt surfaces to help them stay in good condition for years to come. The pricing received from the contractor for the additive alternate work in the park facilities is below the engineers estimated range and staff recommends awarding both additive alternates with the contract.
The Public Works Department publicly advertised bids on August 15, 2022. The City received bids from two (2) contractors. Bids were opened bids on Tuesday September 13st at 2:00 PM in the City Hall Council Chambers. The Detailed Bid Results listing the bidders and bid amounts is attached as Attachment A. 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 Roy Allan Slurry Seal, Inc. to be complete and responsive. Roy Allan Slurry Seal, Inc. is experienced in this type of construction and has completed several similar projects in the past for local public agencies. 9 The bid received for this project were thirty percent (30%) lower than the engineer’s estimate and well within the budget established in the Capital Improvement Program for fiscal year 2022-23. The funding source is Gas Tax, Measure A, and the General Fund.
Staff recommends awarding the contract to the apparent low bidder, Roy Allan Slurry Seal, Inc. including Additive Alternates 1 and 2 in the amount of $455,152.20.
ALTERNATIVES:
City Council could direct staff to reject all bids and not move forward with this project. This alternative would delay the City’s pavement maintenance program.
FISCAL IMPACT:
The bid amount for the Base Bid and Additive Alternate 1 and 2 are within the budget established for the project with the FY 2022/2 CIP.
The following is a breakdown of the fiscal requirements to deliver the project:
ANTICIPATED PROJECT COSTS
Base Bid (Roadway Slurry) $ 358,000.42
Additive Alt No. 1 (HCA Park) $ 56,938.28
Additive Alt. No. 2 (Sunny Fields) $ 40,213.49
Total Contract Sub-Total $ 455,152.20
Contingency (10%) $ 45,515.00
Special Inspection and Oversite $ 35,000.00
Total Anticipated project Costs $ 535,667.20
AVAILABLE 2022/23 CIP PROJECT FUNDING
Slurry Seal General Fund Contribution $ 25,000.00
Slurry Seal Gas Tax Contribution $ 250,000.00
Slurry Seal Measure A Contribution $ 200,000.00
Parking Lot Maintenance (Parks) General Fund $ 120,000.00 Total Available Project Funding $ 595,000.00
The approved budget amount for this project exceeds the anticipated cost for the project. No budget adjustments are anticipated to deliver this project.
ATTACHMENTS:
A –Detailed Bid Results
10 Summary of Bids Received
Bid Opening Date: September 13, 2022 Roy Allan Slurry Seal, Inc.
Santa Fe Springs West Sacramento
ITEM
NO.
Bid
Quantity
Unit of
Measure DESCRIPTION Unit Price Total Unit Price Total Unit Price Total 1 1 LS Mobilization $92,490.29 $92,490.29 $35,000.00 $35,000.00 $20,949.20 $20,949.20 2 1 LS Stormwater Management & WPCP $30,000.00 $30,000.00 $2,000.00 $2,000.00 $2,675.00 $2,675.00 3 1 LS Project Safty and Traffic Control $11,561.29 $11,561.29 $47,028.00 $47,028.00 $38,000.00 $38,000.00 4 224.4 LS Creekside - Slurry Seal (Type II) $596.22 $133,791.77 $416.91 $93,554.60 $482.00 $108,160.80 5 396 EA Skytt Mesa - Slurry Seal (Type II) $596.22 $236,162.74 $416.91 $165,138.05 $482.00 $190,920.20 6 1,790 LS Crosswalk - Single Yellow (24-Inch) $5.00 $8,950.00 $3.30 $5,907.00 $4.01 $7,177.90 7 100 LF Crosswalk - Ladder Bar Typ. L (12-Inch) $5.00 $500.00 $3.30 $330.00 $2.68 $268.00 8 375 LF Stop Bar - Single White (12-Inch) $4.00 $1,500.00 $3.30 $1,237.50 $2.68 $1,005.00 9 891 LF Double Yellow (4-Inch) $4.00 $3,564.00 $1.42 $1,265.22 $0.75 $668.25 10 33 LF Single White (7-Inch) $2.50 $82.50 $1.65 $54.45 $1.07 $35.31 11 637 EA Pavement Markings (Stop, Arrow, Etc.) $4.50 $2,866.50 $8.80 $5,605.60 $4.82 $3,070.34 12 40 EA Hydrant Markers $28.00 $1,120.00 $22.00 $880.00 $26.75 $1,070.00 $522,589.09 $358,000.43 $374,000.00
13 1 LS Mobilization $5,000.00 $5,000.00 $2,500.00 $2,500.00 $5,956.73 $5,956.73 14 1 LS Stormwater Management & WPCP $3,000.00 $3,000.00 $500.00 $500.00 $2,140.00 $2,140.00 15 1 LS Project Safety & Traffic Control $5,000.00 $5,000.00 $3,500.00 $3,500.00 $19,050.00 $19,050.00 16 13416 SF Parking Lot 1 - Crack Fill & Seal Coat $1.00 $13,416.00 $1.12 $15,025.92 $0.37 $4,963.92 17 11965 SF Parking Lot 2 - Crack Fill & Seal Coat $1.00 $11,965.00 $1.12 $13,400.80 $0.37 $4,427.05 18 37805 SF Access Road - Crack Fill $0.26 $9,678.08 $0.14 $5,292.70 $0.42 $15,878.10 19 30.4 TN Access Road - Slurry Seal (Type II) $596.22 $18,125.09 $397.90 $12,096.16 $482.00 $14,652.80 20 40 LF Stop Bar - Single White (12-inch) $4.00 $160.00 $3.30 $132.00 $4.28 $171.20 21 411 LF Diagonal White (4-inch) $3.50 $1,438.50 $1.25 $513.75 $2.14 $879.54 22 1220 LF Single White (4-inch) $2.00 $2,440.00 $1.42 $1,732.40 $1.18 $1,439.60 23 233 SF Pavement Markings (Stop, Arrow, Hump, ADA) $4.50 $1,048.50 $9.35 $2,178.55 $4.82 $1,123.06 24 3 EA Hydrant Markers $28.00 $84.00 $22.00 $66.00 $107.00 $321.00 $71,355.17 $56,938.28 $71,003.00
25 1 LS Mobilization $5,000.00 $5,000.00 $2,500.00 $2,500.00 $5,425.56 $5,425.56 26 1 LS Stormwater Management & WPCP $3,000.00 $3,000.00 $500.00 $500.00 $2,140.00 $2,140.00 27 1 LS Project Safety & Traffic Control $7,000.00 $7,000.00 $2,000.00 $2,000.00 $16,050.00 $16,050.00 28 28392 SF Parking Lot & Entrances - Crack Fill & Seal Coat $1.00 $28,392.00 $1.12 $31,799.04 $0.37 $10,505.04 29 12 LF Stop Bar - Single White (12-inch) $4.00 $48.00 $3.30 $39.60 $10.70 $128.40 30 151 LF Diagonal White (4-inch) $3.50 $528.50 $2.05 $309.55 $4.28 $646.28 31 1318 LF Single White (4-inch) $2.00 $2,636.00 $1.85 $2,438.30 $1.18 $1,555.24 32 114 SF Pavement Markings (Stop and Disabled Person) $4.50 $513.00 $5.50 $627.00 $4.82 $549.48 $47,117.50 $40,213.49 $37,000.00
TOTAL BASE BID + Bid Altrnats 1 & 2 $641,061.76 $455,152.20 $482,003.00 City
Corona
TOTAL BID ALTERNATE 1
TOTAL BID ALTERNATE 2
Striping
Trade
Online Striping Services
Name
BASIS OF BID (SKYTT MESA & CREEKSIDE SUBDIVISIONS
Bid Alteernate 1 (HCA PARK PARKING LOTS AND ACCESS ROAD Bid Alteernate 1 (HCA PARK PARKING LOTS AND ACCESS ROAD
CITY OF SOLVANG
SECOND STREET AND Lot 5 DRAINAGE IMPROVEMENT PROJECT
Engineer's Estimate VSS International, Inc.
Apparent Low Bid Listed Sub-Contractors
TOTAL BASIS OF BIDS
Attachment A
11 Agenda Item: 5
Solvang City Council STAFF REPORT
PREPARED BY: David Fleishman, City Attorney
MEETING DATE: September 26, 2022
SUBJECT: APPROVE CONTRACT AMENDMENT WITH SANTA BARBARA COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL YEAR 2022-23
RECOMMENDATION:
Review and approve Amendment #2 to the contract law enforcement services agreement between the City of Solvang and the County of Santa Barbara.
DISCUSSION:
The City of Solvang contracts for law enforcement services through the County of Santa Barbara Sheriff’s Office and has done so since incorporation. For Fiscal Year 2022-23 the County presented contract cities (Solvang, Buellton, Goleta, Carpinteria) with extremely high increases in contract costs, as it did during FY 2021-22. For FY 2022-23, the County proposed contract costs of nearly $2.5 million for Solvang, with similar proposed increases for the other three cities. As was the case last year, the contract cities disputed the cost increases from the County, and the four cities invoked the dispute resolution procedures under the existing agreement with the County in February 2022. In late June, the cities engaged in a day-long mediation that ultimately resulted in an agreed-upon resolution to the dispute. The cities and the County have traded various versions of an amendment to the existing agreement since that time, resulting in agreements for all four cities. The Amendment #2 represents the negotiated contract cost for Solvang for FY 2022-23, which is approximately $150,000 less than proposed by the County, but which is still approximately $170,000 more than the costs for FY 2021-22.
Based on this agreement, the cost of law enforcement services increases from approximately $2.15M in Fiscal Year 2021-22 to $2.32M in Fiscal Year 2022-23. This is the last year of the agreement, and the cities will enter negotiations for a successor agreement in the coming 90 days.
ALTERNATIVES:
Council could decline to approve the amendment. This option is not recommended, as it would potentially leave Solvang without law enforcement services while a different amendment is being negotiated.
FISCAL IMPACT:
The overall fiscal impact is $2,316,107 in FY 22-23. This is $152,569 less than the $2,468,676 budgeted amount for contract law enforcement services for this period of time.
ATTACHMENTS:
1. Amendment #2 and associated Exhibit E-4
12 AMENDMENT NO. 2
TO THE CONTRACT LAW ENFORCEMENT SERVICES AGREEMENT
BETWEEN THE CITY OF SOLVANG
AND
THE COUNTY OF SANTA BARBARA
This Amendment No. 2 ("Second Amendment") to the Contract Law Enforcement Services Agreement ("Agreement') is effective as of the 1st day of July 2022, ("Effective Date") by and between the City of Solvang ("CITY") and the County of Santa Barbara ("COUNTY"). CITY and COUNTY are sometimes individually referred to as "Party" and collectively as "Parties."
RECITALS
A. The Agreement sets forth the terms and conditions under which the COUNTY provides law enforcement services to the CITY. The term of the Agreement is from July 1, 2019 through June 30, 2023, and only includes costs accrued and invoiced within this period.
B. Effective July 1, 2021, the Parties executed Amendment No. 1 to the Agreement (“First Amendment”), which remains in full force and effect and has no bearing on this Amendment No. 2 to the Agreement (“Second Amendment”). All references to “Agreement” herein include the provisions of the First Amendment.
C. This Second Amendment has no bearing, effect, or impact, and does not reflect any other agreement among the Parties, or on the negotiation of any future agreement between the Parties for law enforcement services.
D. In accordance with the Agreement, the COUNTY provided the CITY with the Fiscal Year 2022- 2023 cost estimates in November 2021 and the final Fiscal Year 2022-2023 contract costs (“FY 22/23 Contract Costs”) in January 2022.
E. CITY submitted a notice of dispute ("Notice of Dispute") on or about February 2, 2022, attached hereto as Exhibit 1, initiating the dispute resolution process under Section 26 of the Agreement to resolve a dispute between the Parties regarding the FY 22/23 Contract Costs.
F. Unable to resolve the dispute through the informal dispute resolution process delineated in Section 26 of the Agreement, on June 29, 2022, the parties proceeded to mediation, pursuant to Section 26 of the Agreement, with mutually selected mediator Stacie Hausner with ADR Services, Inc. Following the Parties’ impasse at the mediation, the mediator issued a “Mediator’s Settlement Proposal,” which proposed a total settlement for the CITY, the City of Goleta, the City of Buellton, and the City of Carpinteria (“Contract Cities”) to collectively pay to COUNTY to discharge all CITY obligations for FY 22/23 Contract Costs through the end of the Agreement. On July 19, 2022, the Parties accepted the Mediator’s Settlement Proposal. Contract Cities allocated financial responsibility for the Mediator’s Settlement Proposal amongst themselves.
G. The Parties have come to an agreement as to the total amount of the FY 22/23 Contract Costs, which total as follows: Goleta: $9,499,341; Carpinteria: $5,056,981; Buellton: $2,677,571; Solvang: $2,316,107. In accordance with this Agreement, and as reflected below, COUNTY Attachment A
13 will invoice CITY pursuant to “Exhibit E-4 Annual Cost Computation Fiscal Year 2022-23,” attached hereto as Exhibit 2.
H. During the dispute, the CITY and COUNTY exchanged several Public Records Act requests pursuant to Government Code section 6250 et seq., including requests made by and received on behalf of Contract Cities collectively (“PRA Requests”). The deadlines to provide records responsive to the PRA Requests were tolled several times and, as of the drafting of this Second Amendment, are tolled until September 30, 2022.
NOW, THEREFORE, the Parties hereby amend the Agreement as follows:
I. Incorporation of Recitals. The Parties agree the foregoing recitals are true and correct and are hereby incorporated by reference as if set forth in full herein.
II. Terms. The Parties agree to the following amendments to the Agreement:
1. Exhibit E-4. "Exhibit E-4 Annual Cost Computation Fiscal Year 2022-23," attached hereto as Exhibit 2, is hereby added to and made a part of the Agreement. This Exhibit E-4 shall replace and supersede any preceding Exhibit E-4 to the Agreement.
2. No Precedent. Nothing herein shall be construed as precedent regarding the calculation of contract costs, or on the negotiation of any agreement between the Parties for future contract law enforcement services.
3. Withdrawal of Records Requests. PRA Requests relating to the dispute, as described in Recital H, pending between the CITY and the COUNTY or the Contract Cities collectively and the COUNTY as of the date of this Second Amendment are hereby withdrawn.
Neither CITY nor COUNTY shall have any further obligation to produce records pursuant to the PRA Requests.
III. General Provisions.
1. Authority to Bind. Each Party warrants that the individuals who have signed this Second Amendment have the legal power, right and authority to agree to this Second Amendment and bind each respective Party.
2. Counterparts. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
3. Entire Agreement. This Second Amendment represents the entire understanding of the Parties with respect to the FY 22/23 Contract Costs. This Second Amendment supersedes and cancels any prior oral or written understanding, promises or representations with respect to FY 22/23 Contract Costs, and it shall not be amended, altered or changed except by a written agreement signed by the Parties hereto.
14 4. Full Force and Effect. Except as amended by this Second Amendment, all other provisions of the Agreement not in conflict with the terms of this Second Amendment shall remain in full force and effect.
5. Severability. If any provision of this Second Amendment shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Second Amendment unless elimination of such provision materially alters the rights and obligations set forth herein.
6. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
7. Mutual Waiver, Release, and Covenant Not to Sue. CITY, on its own behalf, and on behalf of its agents, servants, employees, officers, directors, administrators, representatives, elected officials, attorneys, departments, divisions, and agencies, waives, releases, and covenants not to commence, maintain, join, or authorize any Claim or Legal Action (as defined in the following sentence) against the Santa Barbara Sheriff’s Office, the COUNTY, and/or the COUNTY’S agents, servants, employees, officers, directors, administrators, representatives, elected officials, attorneys, departments, divisions, and agencies. Claim or Legal Action as used herein refers to any cause of action, dispute, breach or grievance, whether known or unknown, pertaining to either the facts underlying or arising from (i) the FY 22/23 Contract Costs, as identified in the Notice of Dispute, including but not limited to any claim encompassed by the CITY’S February 2, 2022 Notice of Dispute, or (ii) the PRA Request (“Claim or Legal Action”). CITY understands that it may later discover facts different from, or in addition to, those it presently knows, believes, or suspects to be true concerning the subjects or consequences of this Second Amendment, and further understands that, despite any such discoveries, it will remain bound by this Second Amendment.
COUNTY, on its own behalf, and on behalf of its agents, servants, employees, officers, directors, administrators, representatives, elected officials, attorneys, departments, divisions, and agencies, waives, releases, and covenants not to commence, maintain, join, or authorize any Claim or Legal Action (as defined in the preceding paragraph) against the CITY and/or the CITY’S agents, servants, employees, officers, directors, administrators, representatives, elected officials, attorneys, departments, divisions, and agencies. COUNTY understands that it may later discover facts different from, or in addition to, those it presently knows, believes, or suspects to be true concerning the subjects or consequences of this Second Amendment, and further understands that, despite any such discoveries, it will remain bound by this Second Amendment.
With respect to the Claims and Legal Actions that are the subject of the mutual releases set forth in this Second Amendment, the Parties expressly waive all rights under Civil Code section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
15 The Parties acknowledge that except for matters expressly represented or recited herein, the facts and law in relation to this matter and the claims released by the terms of this Agreement may turn out to be different from the facts or law as now known to any of the Parties or their respective counsel.
The Parties therefore expressly assume the risk of the existence of different or presently unknown facts or law and agree that this Agreement shall be in all respects effective and binding as to each Party despite the possibility of new or different facts or law.
SPACE INTENTIONALLY LEFT BLANK
16 IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment as of the last date written below.
CITY OF SOLVANG COUNTY OF SANTA BARBARA
By: By:
CHARLIE UHRIG JOAN HARTMANN
MAYOR OF SOLVANG CHAIR, BOARD OF SUPERVISORS
Date: Date:
ATTEST: ATTEST:
ANNAMARIE PORTER MONA MIYASATO
CITY CLERK COUNTY EXECUTIVE OFFICER
CLERK OF THE BOARD
By: ________________________________ By:
APPROVED AS TO FORM: APPROVED AS TO FORM:
DAVID FLEISHMAN RACHEL VAN MULLEM
CITY ATTORNEY COUNTY COUNSEL
By: By:
APPROVED AS TO FORM:
GREG MILLIGAN
RISK MANAGER
By:
APPROVED AS TO FORM:
BETSY M. SCHAFFER
AUDITOR-CONTROLLER
By:
APPROVED AS TO FORM:
SHERIFF BILL BROWN
SANTA BARBARA SHERIFF’S OFFICE
By:
17 Exhibit 1
Notice of Dispute
18 19
20 Exhibit 2
Exhibit E-4 Annual Cost Computation Fiscal Year 2022-23 21 Solvang
DSU Summary - Contract Cost Hours Purchased 8,760
Patrol Costs Hourly Rate Total Contract Cost
Deputy Costs
Deputy S&B Cost 102.90 901,404
Indirect Rate @ 9.5% 9.78 85,673
True-Up Cost - -
Cost Inflation @ 0% - -
Deputy S&B Cost 112.68 987,077
Patrol Support
ADMN OFFICE PRO I 0.11 964
ADMN OFFICE PRO II 4.28 37,493
ADMN OFFICE PRO SR 1.88 16,469
EXTRA HELP 0.02 175
SHERIFFS COMMANDER 3.29 28,820
SHERIFFS LIEUTENANT 7.06 61,846
SHERIFFS SERGEANT 24.79 217,160
SHERIFF'S SERVICE TECHNICIAN 1.74 15,242
Indirect Rate @ 9.5% 4.10 35,916
True-Up Cost - -
Cost Inflation @ 0% - -
Patrol Support S&B 47.27 414,085
Direct Patrol S&S 15.86 138,934
Direct Patrol S&S True-up - -
Total Patrol Cost 175.81 1,540,096
Law Enforcement Support Costs (includes S&B, Indirect, and S&S Costs) Investigations
General Investigations 29.26 256,318
SOD, Narcotics 4.28 37,493
SOD, Intelligence 2.14 18,746
SOD, High Tech Crime Unit 2.13 18,659
37.81 331,216
6.35 55,626
1.16 10,162
3.01 26,368
- -
48.33 423,371
224.14 1,963,466
-
104,340
16,166
2,083,973
3.0% 126,914
257,789
Total Investigations
Forensics
Crime Analysis Unit
Property & Evidence
True-Up Cost
Total Law Enforcement Support
Hourly Contract Rate
Menu Items
Dispatch
DSU Admin
Total Contract FY 20-21 Actuals
Inflation - 2 years @
Applied True-up for FY 2020-2021
Total Contract
Negotiated Reduction
Negotiated Contract Total FY 22-23
2,468,676
Amended Exhibit E-4
Annual Cost Computation Fiscal Year 2022-23
152,569
2,316,107
22 Agenda Item: 6
x
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
MEETING DATE: September 26, 2022
SUBJECT: Appoint Tourism Advisory Committee Member
RECOMMENDATION:
Appoint Tourism Advisory Committee Member
DISCUSSION:
The City Council has established Tourism Advisory Committee to promote Solvang as a tourist destination to enhance the quality of life for Solvang community. Building upon and featuring the unique and authentic character of Solvang and Danish heritage, tourism advisory committee shall serve as the advisory committee to city council to develop and promote Solvang as a major tourist destination. The mission of the tourism advisory committee is to inform and engage all tourism sectors and the community, creating a unified, dynamic consortium that increases tourism in Solvang for the benefit of the entire community. The tourism advisory committee shall serve as an advisory board, not a policy board; therefore, it can make recommendations but not set policy.
Each city council member appoints one (1) tourism advisory committee member selected from the qualified individuals who apply to the city council, which shall include incumbents. The city council by majority vote may appoint up to two (2) additional members selected from the qualified individuals who apply to the city council, which shall include incumbents. The tourism advisory committee shall be comprised of no more than seven (7) members. The city council may appoint an alternate member from a participating organization to serve as a voting member during the absence of the first appointee.
There is currently one vacancy on the Tourism Advisory Committee. The vacancy is the seat appointed by Councilmember Orona.
ALTERNATIVES:
Councilmember Orona may withdraw the appointment.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENTS:
A – TAC applications
23 24
Shannon Brooks // FORWØRD // 1398 Faraday Street, Santa Ynez, CA 93460 shannon@takemeforword. com // 424.324.0608
September 6, 2022
Dear Solvang City Council Members:
It would be my honor to serve on the City of Solvang’ s Tourism Advisory Committee. I offer 22 years of professional experience in California’ s travel and tourism industry and a well-rounded global perspective complemented by my childhood growing up in nearby Lompoc.
Upon graduating from the University of California San Diego with a Bachelor of Arts in Communications, I started my career at Visit Santa Barbara ( 2000-2011), where I rose through the ranks from Marketing Coordinator to Vice President of Communications. In that era, we marketed the entire county and I often worked closely with Solvang partners on collaborative initiatives—such as creating the Sideways map and organizing and hosting countless press trips and broadcast shoots inspired by the film.
I was recruited by Visit California to lead their International Public Relations ( 2011- 2015), a position I held for four years before starting my own marketing communications consultancy and relocating from Sacramento to Los Angeles.
Visit California and Visit Santa Barbara were my first two clients and remain clients today, along with destinations such as Visit Greater Palm Springs and Visit Temecula Valley.
Through my company, FORWØRD, I provide writing, content creation, itinerary building, PR and hospitality consulting services for destinations, marketing agencies, hotels and wineries. I also occasionally write travel articles for publications including the Santa Barbara Independent. I currently serve as an At Large Director for the California Travel Association and am an active member of the state tourism advocacy organization’ s Communications Committee.
I planted permanent roots in Santa Ynez when I took ownership of my home in January 2021. I would welcome the opportunity to be involved with marketing Solvang as a tourism destination and to get more hands-on supporting local businesses. I have strong knowledge of the region’s tourism product as well as the competitive landscape, and I believe I could be an asset to the City Council and community in this advisory capacity.
Many thanks for your consideration!
Sincerely,
Shannon Brooks
25 APPLICATION FOR CITY OF SOLVANG
COMMSSION, BOARD OR COMMITTEE
Please return to : CityHall@cityofsolvang. com
City Clerk
1644 Oak Street
Solvang, Ca. 93463
1. Applying for (Use specific title)
1p+t f* { Yrr 5a<e-f COr*,*vff+t2. Today's date:
8ry1/u\V4J- Gt ? ofll
4. Telephone:
Home:
Business:
Cell: fi4- ?1A-0U0*
Email t "'
tt
F! @frWlLfrA$t
g*pd/.dA
6. Occupation:
lVWsaqrl 6 trt,,l*vrvhno$
r'Srtvaa, ty \ WWy"a
Evenings Only
3. Name:
b*UpW itl-wrtot i,tp, rtaLast First Middle
5. Address:
V*% W-r.*-rn< tr. - -
Number Street
4ww1r" q,u, qq4UO
7. Availability for rqeetings:
Any time_[ _
Please check)
Days Only
Any combination - Explain
8. Additional information: ( Give
experience, training, educatiorl
memberships, or personal interests
sheets as necessary.)
any information explaining your qualifications,
volunteer activities, community organization
which bear on your application ( Attach additional
W, t* torn"Wv**
Signaiffi ofApplicant
26