Agenda — Solvang City Council, November 28, 2022 (part 1 of 2)

Agenda 2022-11-28 CC

CITY COUNCIL AGENDA
MONDAY, NOVEMBER 28, 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
PARTICIPATING IN THE MEETING - Pursuant to California Assembly Bill 361, City Council meetings will be conducted by video/teleconferencing through Zoom. Meetings will also be broadcast live on Channel 23 and streamed on the City’s website, Vimeo, and YouTube.
• To join by Zoom, visit https://zoom.us/j/3066529195. If you wish to speak, please use the “raised hand” symbol.
• To join by phone, call (888) 788-0099 and enter Meeting ID: 306 652 9195#. The phone line will be open starting at 6 p.m.
6:30 PM OPEN SESSION – REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS

PRESENTATIONS
a. Santa Barbara County Sheriffs’ Report (Oral)
AGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings that are distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.

AGENDA POSTING NOTIFICATION - Subscribe to receive email or text message notifications when agendas are posted online through “Notify Me” at: https://www.cityofsolvang.com/List.aspx PUBLIC COMMENT - The public is encouraged to address the City Council in-person, virtually, or in-writing on agenda and non-agenda items. If provided in writing, comments must be submitted to the City Clerk at [email protected] by 5:00 p.m. on the Friday before the meeting to be considered. Your comment will be recorded and distributed appropriately. Comments on agenda items will be heard at the time each item is considered, including non-agenda items. In-person speakers will be invited to make public comments first.

Virtual speakers will follow.

AMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance 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 2022-11-28 CC

1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or take action on issues not on the agenda, except to briefly respond or to ask Staff to follow up on such items.

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
Consent is designed for routine; administrative city matters and is approved by roll call vote with one motion.

These items are discussed only on request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented
b. Approve the purchase of a Nixon-EGLI lift truck from Custom Truck One Source in the Amount of $188,719 and authorize the Mayor to execute on behalf of the City..............................................5 c. Adopt Ordinance No. 22-0361 an Ordinance of the City Council of the City of Solvang, California, Revising Title 1, Chapter 11, Conflict of Interest Code Biannual Review of City of Solvang Conflict of Interest Code for second reading and adoption. ……………………………….............…………...8 d. Approve Tajiguas Resource Center (aka Tajiguas Resource Recovery Project) Amended Materials Delivery Commitment and Processing Services Agreement between County of Santa Barbara and City of Solvang ……………………………………………………………………………..16

PUBLIC HEARINGS

5. PUBLIC HEARING FOR THE SECOND READING AND ADOPTION OF ORDINANCE NO. 22- 0360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING TITLE 10 OF THE SOLVANG MUNICIPAL CODE AND ADOPTING BY REFERENCE: CODES COMPRISING THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1-12), INCLUDING THE CALIFORNIA BUILDING CODE VOLUMES 1 & 2 (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL BUILDING CODE), THE CALIFORNIA RESIDENTIAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL RESIDENTIAL CODE), THE CALIFORNIA ELECTRICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2020 NATIONAL ELECTRICAL CODE), THE CALIFORNIA MECHANICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 UNIFORM MECHANICAL CODE), THE CALIFORNIA PLUMBING CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 UNIFORM PLUMBING CODE), THE CALIFORNIA ENERGY CODE (2022 EDITION), THE CALIFORNIA HISTORICAL BUILDING CODE (2022 EDITION), THE CALIFORNIA FIRE CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL FIRE CODE), THE CALIFORNIA EXISTING BUILDING CODE (2022 EDITION), THE CALIFORNIA GREEN BUILDING STANDARDS CODE (2022 EDITION), AND THE 2021 INTERNATIONAL

PROPERTY MAINTENANCE CODE, TOGETHER WITH CERTAIN ADDITIONS,

INSERTIONS, DELETIONS AND CHANGES THERETO, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ……………138 2 Agenda 2022-11-28 CC

6. PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF ORDINANCE NO. 22-0362 AMENDING TITLE 11 OF THE SOLVANG MUNICIPAL CODE TO ADDRESS

SHORT-TERM/VACATION RENTAL PARKING REQUIREMENTS AND THE APPLICATION

OF THE IN-LIEU PARKING FEE PROGRAM TO COMMERCIAL PROJECTS AND MAKE A

DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)………………………………………………………………………………………………..159

BUSINESS ITEMS

7. DISCUSSION AND POSSIBLE ACTION TO RECEIVE STORMWATER MANAGEMENT PROGRAM ANNUAL REPORT PRESENTATION…………………………………………………...169

8. DISCUSSION AND POSSIBLE ACTION TO APPROVE UPDATES TO VARIOUS JOB DESCRIPTIONS........................................................................................................................293

9. DISCUSSION AND POSSIBLE ACTION TO:..........................................................................304 A. APPROVE AMENDMENT 1 TO THE AGREEMENT WITH CAROLLO ENGINEERS INC

FOR COMPLETION OF THE USDA GRANT APPLICATION PRELIMINARY ENGINEERING REPORT FOR THE ADDITIONAL AMOUNT NOT TO EXCEED $94,412 FOR THE EXISTING TERM TO APRIL 1, 2024, AND........................................................306 B. APPROVE AMENDMENT 6 TO THE AGREEMENT WITH MERIDIAN CONSULTANTS

LLC FOR COMPLETION OF ENVIRONMENTAL DOCUMENTS FOR THE WWTP WATER QUALITY PROJECT FOR THE ADDITIONAL AMOUNT NOT TO EXCEED $87,300 FOR THE EXISTING TERM TO DECEMBER 31, 2024...............................................................310

10. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS

11. ADJOURNMENT

AFFIDAVIT OF POSTING
I, Sophia Checa, Planning Manager 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 21st day of November 2022.
3 Meeting Date Agenda Item Agenda Action
9‐Dec Special Accept Results of the Election Consent Approve 12‐Dec City Council Vacancy Appointment Process Discussion Title 11 Parking requirements 2nd reading Consent
Appointment of Mayor pro tem Discussion Appoint
Seating Arrangement of Councilmembers
Council selection of representatives to Committees and
Agencies
Discussion Appoint
Housing Element of the General Plan Preliminary Review Discussion ABC Finding of Necessity
Advisory Body recruitment Process Discussion
26‐Dec Cancelled
9‐Jan Human Trafficking Awareness Month Proclamation
Remote Meetings Reso
Warrants Approval Consent
23‐Jan FY 22‐23 Mid Year
Commissioner Interviews/Appointments Discussion
13‐Feb 2022 Fire Code Adoption
Future Meetings
Outdoor Dining Policy Direction Discussion
Residences as a primary use in the Tourist Related
Commercial Zone Discussion
General Plan
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 Discussion Approve December Council selection of representatives to Committees and Agencies Discussion Approve
December (every
two years/ even
year) Appointment to Boards, Commissions, Committees Discussion Approve January Comprehensive Annual Financial Report Discussion Approve January Grant Funding Policy Review Discussion Approve
January Brown Act Training
February Measure A 5‐Year Local Program of Projects Public Hearing Approve February Mid‐Year Budget Adjustments
February Fiscal Outlook and Financial Policies Discussion Approve February (every‐two
years/ even year)
Council Budget Goal Setting Public WorkshopApprove
March Housing Element and LEAP Grant Annual Report Public Hearing Approve March SB1 RMRA project List Public Hearing Approve
March Investment Policy Annual Review Discussion 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 Discussion Approve June Two‐Year Financial Plan Development or Supplemental Budget adoption Discussion Adopt
June Capital Improvement Program Discussion Adopt
June/July Amend Appropriation Limit Public Hearing Adopt July AB 1600 Report Discussion Approve
Council Requested Agenda Items
Annual Reports

ADVANCE CALENDAR
4 Agenda Item: 4.b
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director/City Engineer MEETING DATE: November 28, 2022
SUBJECT: Approve the purchase of a lift truck from Custom Truck One Source in the Amount of $188,719 and authorize the Mayor to execute on behalf of the City
RECOMMENDATION:

Authorize Mayor to approve purchase of new Lift Truck from Custom Truck One Source in the Amount of $188,719.

DISCUSSION:

The Public Works Department often utilizes lift vehicles to perform necessary duties such as tree trimming, placement of tree lights, hanging special event banners, and other tasks which require access to overhead items. The current tow behind lift owned by the City has exceeded it’s service life and in in need of a major overhaul in order to bring it back into service. The City will be pursuing the sale of this piece of equipment through the surplus vehicle process.

Public Works crews routinely rent lift vehicles on an as needed basis to perform this necessary work. A truck mounted lift has been identified as the desirable option for efficiency and safety. Continually renting these vehicles is not cost efficient. In addition to the cost of rental, up to one half a day of staff time to pick up these vehicles is often required to pick up and drop off these vehicles, and the rented vehicles are often in poor condition and result in lost time for staff and safety concerns.

Staff considered the potential purchase of a used vehicle from a local rental/retail company. Based on our experience with the rental and use of these used vehicles, the City is not confident that a used vehicle be in good repair. This equipment has many systems including the drive train, transmission, hydraulic lift, safety monitoring, and lighting systems. Staff feels that the purchase of this equipment new with full warranty is the best option for a long term piece of equipment that Public Works Staff will routinely rely on.

The City Council approved the purchase of a lift truck, for an amount not to exceed $200,000, with the FY 22-23 CIP. Staff solicited a formal request for quotes. Three quotes have been received and are listed below.

Company Name Quote Delivery Schedule
NIXON – EGLI Equipment Co. $243,877.37 10-12 weeks quoted Terrex Utilities, Inc $162,287.00 3
rd Quarter 2024
Custom Truck One Source $188,719.00 3-Weeks upon order
The low bid received from Terrex Utilities, Inc. provides an appropriate truck for the City; however, the delivery of the vehicle in not guaranteed for nearly two-years. The bid from Custom Truck One Source provides a vehicle that will exceed the City’s needs, and the vehicle is in stock in Bakersfield and can be ready for delivery within three weeks from execution of the purchase agreement. 5 ALTERNATIVES:

Council could reject all quotes and deny the purchase of the lift truck. This would require staff to continue to rent lift vehicles in order to continue to maintain the current level of service.

FISCAL IMPACT:

The fiscal impact would be for $188,719.00 from the CIP projects and purchases fund.

ATTACHMENTS:

A – Quote received from Custom Truck One Source
6 Attachment A
7 Agenda Item: 4.c
Solvang City Council STAFF REPORT
PREPARED BY: David Fleishman, City Attorney
MEETING DATE: November 28, 2022
SUBJECT: Adopt Ordinance No. 22-0361 an Ordinance of the City Council of the City of Solvang, California, Revising Title 1, Chapter 11, Conflict of Interest Code Biannual Review of City of Solvang Conflict of Interest Code for second reading and adoption.

RECOMMENDATION:

California law requires the City of Solvang to review its Conflict of Interest Code every even-numbered year. The Solvang Municipal Code contains a similar provision. The City Attorney recommends several changes to the Conflict of Interest Code, which are set forth in Ordinance No. 22-0361.

DISCUSSION:

In 1974 the voters enacted the Political Reform Act. This Act created the Fair Political Practices Commission, and the Act contains the authority for the FPPC to issue rules and regulations for financial disclosure requirements and conflict of interest avoidance for public officials.

Also contained in the Act is a provision that requires the City to adopt a Conflict of Interest Code, and to review of that Code every even-numbered year. Specifically, Government Code Section 87306.5(a) states as follows:
“(a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body.”
Solvang has codified its Conflict of Interest Code in Chapter 1-11 of the Municipal Code, a copy of which is attached.

The FPPC regulations set forth the required contents of a Conflict Of Interest Code. The Solvang Conflict of Interest Code meets those requirements. Please note that the rules for elected officials, and for the officials appointed by the City Council (like the City Manager and City Attorney) are governed directly by the Political Reform Act, and need not be restated in the City’s conflict of interest code. The Municipal Code does, however, refer to and incorporate those rules in section 1-11-2A.

The main purpose of this biannual review is to ensure there have been no changes in the City’s administrative structure that require the Code to be changed. There have been a few changes to the City’s administrative structure since the last code review, and for that reason, the City Attorney recommends the following changes: addition of the Utilities Director, Marketing and Events Manager, and Planning Manager, addition of the Tourism Advisory Committee and removal of the Parks & Recreation Commission.
8 Since the Conflict of Interest Code is set forth in the Municipal Code, an ordinance is required to add the positions noted above. A draft ordinance is attached for Council’s consideration.

The City Council introduced Ordinance 22-0361 at its October 24, 2022 meeting, and revised the listing of officials to include the Administrative Services Director at its November 14, 2022 meeting. Now the ordinance is returning to Council for adoption.

ALTERNATIVES:

There is no legal requirement that the City Council make changes. The City Council is free to review the Conflict of Interest Code and make any changes it desires, so long as the minimum requirements set forth in the Political Reform Act continue to be met.

FISCAL IMPACT:

There is no fiscal impact identified with the City Attorney recommendations.

ATTACHMENTS:

A. Ordinance No. 22-0361
B. City of Solvang Conflict of Interest Code – Chapter 1-11 Solvang Municipal Code 9 Attachment A
ORDINANCE NO. 22-0361

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, REVISING TITLE 1, CHAPTER 11, CONFLICT OF INTEREST CODE
WHEREAS, the City Council is required by the Political Reform Act and the Solvang Municipal Code to review the City’s conflict of interest code during even-numbered years; and WHEREAS, the City Council finds that due to changes in the administrative structure of the City, additions to the City’s conflict of interest code are required.

NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1.

Title 1, Section 1-11-2B of the Solvang Municipal Code is hereby revised to read as follows:

B. Designated positions are set forth below in this subsection. Each person filling a designated position, and any person filling a designated position on a temporary or acting basis for more than thirty (30) consecutive calendar days, shall disclose all of the information set forth on conflict of interest forms prescribed by the Fair Political Practice Commission.

Designated positions:

1. City clerk.

2. Administrative Services Director

3. Planning/community development director.

4. Parks and recreation director.

5. Public works director/city engineer.

6. Utilities Director.

7. Marketing and Events Manager.

8. Planning Manager.

9. Tourism Advisory committee members.

10. Design review committee members.

11. Consultants. Consultants shall disclose pursuant to this conflict of interest code, provided that the city manager may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements.

The city manager’s determination is a public record and shall be retained for public inspection.

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 Ord No 22-0361 Code Amend Conflict of Interest
10 Ord No 22-0361 Code Amend Conflict of Interest
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.

INTRODUCED at a regular meeting of the City Council held on the 14th day of November 2022 and PASSED, APPROVED, AND ADOPTED on this 28th day of November, 2022 ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 11 Ord No 22-0361 Code Amend Conflict of Interest

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. 22-0361 was duly introduced at a regular meeting of the City Council held on the 14
th day of November, 2022, and was duly adopted at a regular meeting of said City Council held on the 28th day of November 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
12 Solvang, California Municipal Code
Title 1 ADMINISTRATION
Chapter 11 CONFLICT OF INTEREST CODE
1-11-1 Disclosure of certain officials.
1-11-2 Designated positions.
1-11-3 Conflict with other laws.
1-11-4 Interim designation of position.
1-11-5 Periodic review.
1-11-1 Disclosure of certain officials.

A. As provided in section 87200 et seq., of the California Government Code, the mayor, members of the city council, the special city auditor, the city manager, the city attorney, the administrative services director, and the planning commissioners shall disclose investments, interest in real property and income pursuant to the requirements set out in said section 87200 et seq.

B. No person holding a position listed in subsection A of this section shall make or participate in the making of a decision when he or she has a financial interest, as defined in section 87103 of the California Government Code, when it is reasonably foreseeable that the interest may be affected materially by the decision. (Ord. 19-0339 § 1; Ord. 14-307, 2014; Ord. 02-217, 2002) 1-11-2 Designated positions.

A. The terms of title 2, division 6 of the California Code of Regulations, and any amendments thereto duly adopted by the fair political practices commission are hereby incorporated by reference and, along with the following sections in which officials and positions are designated and disclosure categories are set forth, constitute the designated position conflict of interest provisions for the city of Solvang. This chapter constitutes the “appendix” to title 2, division 6 of the California Code of Regulations, section 18730 et seq.

Designated positions:

Attachment B
13 1. City clerk.

2. Planning/community development director.

3. Parks and recreation director.

4. Public works director/city engineer.

5. Parks and recreation commissioners.

6. Design review committee members.

7. Consultants. Consultants shall disclose pursuant to this conflict of interest code, provided that the city manager may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The city manager’s determination is a public record and shall be retained for public inspection.

C. All persons filling designated positions shall file statements of financial interest with the city clerk who shall receive said statements. Unless otherwise required by state law, all statements of financial interest shall be deemed timely filed only when received by the city clerk on or before the following deadlines:

1. Annual statements shall be filed on or before April 1 of each calendar year. Such statements shall cover the period of the preceding calendar year or from the date of filing such statement as otherwise required by this code.

2. Initial statements shall be filed within thirty (30) days after assuming office disclosing interests held on the date of assuming office.

3. Leaving office statements shall be filed within thirty (30) days of leaving office. Such statements shall cover the period between the closing date of the last statement required to be filed and the date of leaving office.

D. No person filling a designated position listed in subsection B of this section shall make or participate in the making of a decision when he or she has a financial interest, as defined in section 87103 of the California Government Code, when it is reasonably foreseeable that the interest may be affected materially by the decision. (Ord. 21-0347 § 4; Ord. 10-289, 2010; Ord. 02-217, 2002) 1-11-3 Conflict with other laws.

Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974. The provisions of this code are in addition to Government Code section 87100 and other laws pertaining to conflicts of interest, including, but not limited to, Government Code section 1090 et seq. (Ord. 02-217, 2002)
14 1-11-4 Interim designation of position.

The city manager shall have the power to designate positions for disclosure required by this chapter on an interim basis pending council review. Such designations shall be made if the city manager determines that the position entails the making or participating in the making of decisions which may foreseeably have a material effect on financial interests. (Ord. 02-217, 2002) 1-11-5 Periodic review.

Review of this chapter shall be made by the city council by July 1 of each even-numbered year in accordance with Government Code section 87306.5, at which time interim designations may be incorporated herein. (Ord. 02-217, 2002)
Contact:

City Clerk: 805-688-5575
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 15 Agenda Item: 4.d
Solvang City Council STAFF REPORT
PREPARED BY: Dave Fleishman City Attorney
MEETING DATE: November 28, 2022
SUBJECT: Review and Approval of Tajiguas Resource Center (aka Tajiguas Resource Recovery Project) Amended Materials Delivery Commitment and Processing Services Agreement between County of Santa Barbara and City of Solvang
RECOMMENDATION:

That City Council approve and direct the Mayor to sign the Tajiguas Resource Center (aka Tajiguas Resource Recovery Project) Amended Materials Delivery Commitment and Processing Services Agreement between County of Santa Barbara and City of Solvang. (Attachment A) DISCUSSION:

The City has an existing Materials Delivery Agreement (“MDA”) with the County of Santa Barbara enacted on December 13, 2016 that allows the City to send the municipal solid waste generated in the City to the Tajiguas Resource Center. The City’s recyclable materials were processed by Waste Management’s Materials Recovery Facility on Betteravia Road. However, Waste Management’s facility has now closed.

Since the closure, the City’s recyclables have been delivered to the Tajiguas Resource Center but the County can stop that service at any time since the City’s current MDA does not include recyclables.

The Amended MDA adds recyclables (the materials collected in blue containers) to the agreement and requires Solvang to deliver a minimum amount of 1,000 tons of recyclables per year and a maximum of 1,5000 tons per year. (See pg. 24 of Agreement). Solvang’s generation of recyclables has been within this range for the past three years according to County staff. The only other changes to the contract include updating the name of the Tajiguas Resource Center on the first page and the names of referenced county staff on the County’s signature page and in Exhibit B Communications. The tipping fees, rates and cap for the Jurisdictional Rate Stabilization fund remain the same as under the current agreement.

See Attachment B for a comparison.

Staff recommends the Council approve and direct the Mayor to sign the Amended MDA.

ALTERNATIVES:

Provide further direction to staff
FISCAL IMPACT:

Approval of the Contract will allow the City’s recyclable materials to continue being processed under the fees and rates set forth in the MDA rather than spot market pricing.

ATTACHMENTS:

A – Amended MDA
B – Comparison of Current MDA to Amended MDA
16 1 The Tajiguas ReSource Center (aka
2 Tajiguas Resource Recovery Project)
3 Amended Materials Delivery Commitment &
4 Processing Services
5 Agreement
6 BETWEEN
7 County of Santa Barbara
8 AND
9 City of Solvang
10 Agreement Date:
11 October 3, 2022 – Final
Attachment A
17 This page intentionally left blank
18 1 TABLE OF CONTENTS
2 RECITALS ...................................................................................................................... 1 3 ARTICLE 1: DEFINITIONS............................................................................................ 2 4 ARTICLE 2: TERM OF AGREEMENT.......................................................................... 15 5 2.1 Effective Date ............................................................................................... 15 6 2.2 Agreement Term........................................................................................... 15 7 2.3 Survival of Certain Provisions ....................................................................... 15 8 ARTICLE 3: COUNTY’S OBLIGATIONS ..................................................................... 16 9 3.1 Solid Waste Management Services .............................................................. 16 10 3.2 Facility Revenues.......................................................................................... 16 11 3.3 Exercise of Contractual Rights...................................................................... 18 12 3.4 Annual Facility Review Meeting .................................................................... 19 13 3.5 Services During Uncontrollable Events......................................................... 19 14 ARTICLE 4: CITY’S OBLIGATIONS ............................................................................ 21 15 4.1 Acceptable Materials Delivery Requirement and Monthly Payments............ 21 16 4.2 City’s Annual Deliveries ................................................................................ 21 17 4.3 Compensation and Annual Settlement Process............................................ 27 18 ARTICLE 5: SUSPENSION AND TERMINATION........................................................ 30 19 5.1 Notice of Default ........................................................................................... 30 20 5.2 Resolution When Facility Financing Certificate(s) Outstanding .................... 30 21 5.3 Resolution When Facility Financing Certificate (s) Not Outstanding............. 30 22 ARTICLE 6: RECORDS AND REPORTS..................................................................... 31 23 6.1 Records ........................................................................................................ 31 24 6.2 Reports ......................................................................................................... 31 25 ARTICLE 7: ENFORCEMENT...................................................................................... 32 26 7.1 Enforcement ................................................................................................. 32 27 7.2 Uncontrollable Circumstances ...................................................................... 32 28 7.3 Jurisdiction, Venue, Service of Process........................................................ 33 29 7.4 Governing Law.............................................................................................. 33 30 7.5 Costs............................................................................................................. 33 31 ARTICLE 8: ASSIGNMENT.......................................................................................... 34 32 8.1 Assignment ................................................................................................... 34 33 ARTICLE 9: MISCELLANEOUS PROVISIONS ........................................................... 35 34 9.1 Entire Agreement.......................................................................................... 35 35 9.2 Amendments................................................................................................. 35 36 9.3 Severability ................................................................................................... 35 37 9.4 Interpretation................................................................................................. 35 38 9.5 Timely Performance...................................................................................... 36 19 39 9.6 Notices, Etcetera........................................................................................... 36 40 9.7 Writing........................................................................................................... 37 41 9.8 Exercise of Options....................................................................................... 37 42 9.9 Parties’ Agreement Representatives............................................................. 37 43 9.10 Signing Multiple Copies ................................................................................ 38 44 9.11 Authority to Sign ........................................................................................... 38 45 EXHIBITS
46 A. Addresses for Notices
47 B. Communications
48 C. Collection Franchise or Other Proof of Delivery Obligation 49 D. Jurisdictional Rate Stabilization Fund Dividend Sample Calculation 50 E. Example calculation of County Service Costs
51 F. Flow of Funds Diagram
52 53 ATTACHMENTS
54 1. Projected and Minimum Annual Delivery Requirement 20 55 RECITALS
56 This Material Processing Services and Delivery Commitment Agreement is made and dated as of the date 57 on the cover page between the County of Santa Barbara, a political subdivision of the State of California 58 (the “County”), and the City of Solvang, a charter city and political subdivision of the State of California 59 (the “City”).
60 (A) WHEREAS, the Parties are responsible for the health and safety of the citizens within their 61 geographic boundaries; and,
62 (B) WHEREAS, the Parties regulate Municipal Solid Waste, Recyclable Materials, and Organic 63 Materials collection in areas under their jurisdiction and award franchises for collection to private 64 organization(s), herein called “Collection Contractor(s)”; and, 65 (C) WHEREAS, the Parties find it in their mutual economic interest to address solid waste and 66 recycling issues on a regional level; and,
67 (D) WHEREAS, the California Integrated Waste Management Act (CIWMA) (California Public 68 Resources Code, §40000 et seq.) required that the Parties reduce by fifty percent (50%) the 69 amount of Solid Waste they landfill by the end of the Year 2000 and continue to maintain that 70 reduction going forward; and,
71 (E) WHEREAS, subsequent legislation including Assembly Bills (AB) 32, 341 and 1826 require reduced 72 air emissions and increased diversion of commercial and multi-family Recyclable Materials and 73 Organic Materials to achieve a 75% diversion goal by 2020; and, 74 (F) WHEREAS, each Party has the authority to regulate its solid waste, Recyclable Materials, and 75 Organic Materials stream, including the collection, transfer, transportation, and Processing 76 thereof, and has the authority to establish rates for the conduct of such functions; and, 77 (G) WHEREAS, solid waste from each Party is disposed at the Tajiguas Sanitary Landfill located off 78 State Highway 101, approximately twenty six (26) miles West of Santa Barbara; and, 79 (H) WHEREAS, the Parties developed the Tajiguas Resource Recovery Project (“TRRP”) in order to 80 achieve their goals of: extending the operating life of Tajiguas Landfill; and complying with State 81 law and local policy that mandate diverting materials from Disposal, and reducing greenhouse gas 82 emissions; and,
83 (I) WHEREAS, the Parties have found that these goals are in the public interest, and, 84 (J) WHEREAS, County has determined that the execution of this Agreement will serve the public 85 health, safety and welfare by providing a more stable, predictable and reliable supply of Municipal 86 Solid Waste and the resulting service payment revenue, thereby enabling County to plan, manage, 87 operate and finance the Tajiguas Resource Recovery Project and extend the life of the Tajiguas 88 Landfill; and,
89 (k) WHEREAS, this is a necessary financing agreement needed to secure the Certificates used to 90 finance the TRRP;
21 91 IT IS THEREFORE AGREED AS FOLLOWS:
92 ARTICLE 1: DEFINITIONS
93 “Acceptable Materials”, means all of the materials delivered to the Facilities by the Collection 94 Contractor(s), Public Participants, (or on behalf of Public Participants), and Other Users as permitted under 95 Applicable Law and the Facilities’ Permits, including Mixed Waste, Source-Separated Organic Materials 96 and Source-Separated Recyclable Materials. Acceptable Materials may include some Unacceptable 97 Materials that must be removed by the Service Contractor before Processing or Disposal. 98 “Acceptable Materials Charge; AMC”, means the charge established pursuant to Section 4.3.A of this 99 Agreement.
100 “Agreement”, means this Agreement, including all exhibits and attachments, as it may be amended. 101 “Agreement Services”, means all of County’s performance obligations under this Agreement to City under 102 Article 3; and all of City’s performance obligations to County under Article 4. 103 “Agreement Term”, means the period of time between the Effective Date and the termination date, as 104 set forth in Sections 2.1 and 2.2, during which this Agreement shall be effective. 105 “Agreement Year”, means the fiscal year, July 1 through June 30. 106 “Anaerobic Digestion Facility”; “AD Facility”, means the facility as described in Service Contractor’s 107 Proposal and in subsequent documentation, which shall be operated by Service Contractor for Organic 108 Materials Processing to produce digestate, biogas for electricity generation and Compost. 109 “Annual Budget”; means a budget that will contain an estimate of the Current Revenues and System Costs 110 payable from Current Revenues for the ensuing Agreement Year (beginning on the upcoming July 1). The 111 Annual Budget will also contain an estimate of the amount of Acceptable Materials expected to be 112 delivered to the System in such Agreement Year and the resulting Acceptable Materials Charge required 113 to be imposed in order for the County to meet the Rate Covenant. 114 “Applicable Law”, means any law, rule, code, standard, regulation, requirement, consent decree, consent 115 order, consent agreement, Permit, guideline, action, determination or order of, or legal entitlement 116 issued or deemed to be issued by, any governmental body having jurisdiction, applicable from time to 117 time to any activities associated with the siting, design, construction, equipping, financing, ownership, 118 start-up testing, acceptance, operation, maintenance, repair and replacement of any part of the Project, 119 the transfer, handling, transportation, Marketing, Disposal or Processing of products and residuals, and 120 any other obligations of the Parties under this Agreement. Governmental bodies include local, County, 121 State and federal agencies and all successors thereto. 122 “Assignment”, means but is not limited to:
123 (A) A transfer to a third party of at least twenty-five percent (25%) of either Party’s assets dedicated 124 to service under this Agreement; and,
125 (B) A sale, exchange or other transfer to a third party, which may result in a change of control of City 126 or County; and,
22 127 (C) Any dissolution, reorganization, consolidation, merger, recapitalization, stock issuance or re128 issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction 129 in which either Party are a party and which results in a change of control of either Party; and, 130 (D) Any assignment by operation of law, including insolvency or bankruptcy, assignment for the 131 benefit of creditors, writ of attachment for an execution being levied against this Agreement, 132 appointment of a receiver taking possession of either Party’s property; and, 133 (E) Any combination of the foregoing (whether or not in related or contemporaneous transactions), 134 which has the effect of any such transfer or change of control of either Party. 135 “Bond Documents”, means the Trust Agreement, 2017 Installment Purchase Agreement, Assignment 136 Agreement, and all other legal documents necessary to effectuate the issuance of Certificates. 137 “Bond Holders Rate Stabilization Fund”, means the account established pursuant to the Bond Documents. 138 On the date of issuance of the Certificates, the County shall make a cash contribution in the amount of 139 five million dollars ($5,000,000), and deposit such sum in the Bond Holders Rate Stabilization Fund. If 140 funds are used due to financial shortfalls (either higher than projected costs or lower than projected 141 revenues) related to the Facility, the Fund will be replenished with Current Revenues from all of the 142 participating jurisdictions based on the tons of material delivered to the Facility. If funds are used due to 143 costs not related to the TRRP but rather related to non-TRRP costs, the Fund will be replenished with 144 Current Revenues from the County
145 “Business Day”, means any day that County Administrative Offices are open to the public to conduct 146 business. In relation to the Certificates and the County’s obligations under the Bond Documents, this 147 definition is extended to mean any day on which the Trustee is open for corporate trust business at its 148 Corporate Trust Office and on which the Federal Reserve System is open for business. 149 “Bypassed Waste”, means any material that is weighed in at the County scale house for acceptance to the 150 Project Site which could not be Processed at the Facilities prior to Disposal. Examples of Bypassed Waste 151 could be Unacceptable Waste, waste not Processable due to size, high negative value for Processing, or 152 unmarketable material. Bypassed Waste includes materials diverted from the Project before or after 153 unloading but not Processed at the Project Site.
154 “Cap Value”, means the threshold value of $3,500,000 in the Jurisdictional Rate Stabilization Fund. 155 “Certificates”, means all Solid Waste System Revenue Certificates of Participation (including Additional 156 Certificates) payable from the Net Revenues of the County’s Solid Waste Enterprise System. The County 157 shall issue Solid Waste System Revenue Certificates of Participation, Series 2017 to fund the TRRP. 158 “Certificates Issuance Date” means the date on which the Solid Waste System Revenue Certificates of 159 Participation, Series 2017 are executed and delivered. 160 “Change in Law”, means any of the following acts, events, or circumstances, with which the Parties must 161 comply notwithstanding the cost of such compliance, to the extent that compliance therewith materially 162 increases or decreases the cost of performing a Party's obligations under this Agreement when such 163 changes exceed fifty thousand dollars ($50,000) in the aggregate in any one Agreement Year subject to 164 adjustment using the applicable Adjustment Factor.
23 165 (A) The adoption, amendment, promulgation, issuance, modification, repeal or written change in 166 administrative or judicial interpretation of any Applicable Law on or after the Effective Date 167 (including a new or amended prevailing wage, minimum wage, living wage or similar laws or 168 regulations), unless such Applicable Law was on or prior to the Effective Date duly adopted, 169 promulgated, issued or otherwise officially modified or changed in interpretation, in each case in 170 final form to become effective without any further action by any governmental body; 171 (B) The order or judgment of any governmental body issued on or after the Effective Date (unless 172 such order or judgment is issued to enforce compliance with Applicable Law which was effective 173 as of the Effective Date) to the extent such order or judgment is not the result of willful or 174 negligent action, error or omission or lack of reasonable diligence of the Collection Contractor or 175 Service Contractor, the County or the City, whichever is asserting the occurrence of a Change in 176 Law; provided, however, that the contesting in good faith or failure in good faith to contest any 177 such order or judgment shall not constitute or be construed as such a willful or negligent action, 178 error or omission or lack of reasonable diligence; or 179 (C) Except with respect to any governmental approval required for the Project as provided in item (2) 180 below pertaining to exclusions from "Change in Law", the denial of an application for, a delay in 181 the review, issuance or renewal of, or the suspension, termination, or interruption of any 182 governmental approval, or the imposition of a term, condition or requirement which is more 183 stringent or burdensome than the Agreementstandards in connection with the issuance, renewal 184 or failure of issuance or renewal of any governmental approval, to the extent that such occurrence 185 is not the result of willful or negligent action, error or omission or a lack of reasonable diligence 186 of the Collection or Service Contractor, the County or the City, whichever is asserting the 187 occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure 188 in good faith to contest any such occurrence shall not be construed as such a willful or negligent 189 action or lack of reasonable diligence.
190 It is specifically understood, however, that none of the following shall constitute a "Change in Law":
191 (1) A change in the nature or severity of the actions typically taken by a governmental body to enforce 192 compliance with Applicable Law which was effective as of the Effective Date; 193 (2) All matters relating to the Service Contractor's assuming the Permitting risk for the Project in 194 connection with obtaining and maintaining federal, State or local governmental approvals of the 195 design, construction and operation of the Project; and 196 (3) Any event that affects generally applicable working conditions or standards that is not specific to 197 the solid waste management industry.
198 “City”, means the City of Solvang, California, a political subdivision of the State of California. 199 “City Agreement Representative”, means the individual named by City under Exhibit B: Communications. 200 “City’s Maximum Annual Delivery Allowance,” means the maximum total annual Tonnages of Acceptable 201 Materials, described in Section 4.2.A, that the City may deliver or the City’s Collection Contractor may be 202 directed to deliver on behalf of the City for each Agreement Year. 203 “City’s Minimum Annual Delivery Requirement”, means the minimum total annual Tonnage of Acceptable 24 204 Materials, described in Section 4.2.A, that the City will deliver or the City’s Collection Contractor is directed 205 to deliver on behalf of the City for each Agreement Year. 206 “City’s Revenue Share”, means the amount of TRRP Revenue that City receives from County under this 207 Agreement.
208 “Collection Contractor”, means anyone that collects Acceptable Materials for City by any or all of the 209 following: 1) contract (including franchise contracts); 2) license; 3) permit; and, 4) any other obligation. 210 “Compost” means soil amendment material that is the result of the controlled aerobic decomposition 211 process of Organic Materials (e.g., composting).
212 “Construction and Demolition Debris” means used or discarded construction materials removed from a 213 premises during the construction or renovation of a structure resulting from construction, remodeling, 214 repair, or demolition operations on any pavement, house, commercial building, or other structure 215 including, but not limited to, concrete, brick, wood, dirt, rock, cardboard, packaging materials, etc. 216 “County”, means the County of Santa Barbara, California, a political subdivision of the State of California. 217 “County Agreement Representative”, means the individual named by County under Exhibit B. 218 “Current Revenues”, means all gross income and revenue received or receivable by the County from the 219 ownership, operation or use of the Solid Waste System, determined in accordance with Generally 220 Accepted Accounting Principles, including all rates, fees, charges and revenue (including tipping fees, 221 recovered materials revenue, power revenues and salvage income) received by the County for the use of 222 Solid Waste System and all other income and revenue howsoever derived by the County from the 223 ownership, operation or use of the Solid Waste System, but excluding in all cases any proceeds of taxes 224 and any refundable deposits made to establish credit and advances or contributions in aid of construction. 225 Current revenues also include direct federal subsidy payments received by the County relating to the 226 Certificates issued as New Clean Renewable Energy Bonds. 227 “County Service Cost”, means a component of the overall facility Acceptable Material Charge that is 228 comprised of the following four (4) programs: Program 1200 (Tajiguas Landfill), Program 1101 (South 229 Coast Recycling and Transfer Station), Program 1301 (Santa Ynez Recycling and Transfer Station) and 230 Program 1850 (TRRP Contract Management, Environmental Monitoring and Regulatory Compliance). In 231 addition, County Service Cost will include overhead costs allocated to these programs, except that no 232 overhead costs will be allocated to closure, post-closure or regulatory fees. 233 “Day”, means calendar day of twenty-four (24) hours measured from midnight to the next midnight. 234 “Delivery Covenant”, means the obligation of the Public Participants to deliver Acceptable Materials to 235 the TRRP, pursuant to and as described in Section 4.1. 236 “Direct Costs”, means the sum of the following: 1) payroll costs (including compensation, vacation, sick 237 leave, holidays, retirement, workers compensation insurance, federal and State unemployment taxes and 238 medical and health insurance benefits), plus; 2) the costs of materials, services, direct rental costs and 239 supplies, plus; 3) travel and subsistence costs, plus; 4) the reasonable costs of consultants, 240 (sub)contractors, and counsel (necessary in connection with enforcement of the other Party’s 241 performance under this Agreement), plus; 5) any other cost or expense which is directly or normally 25 242 associated with that enforcement or exercise, which direct costs are substantiated to the satisfaction of 243 the other Party.
244 “Dispose”; “Disposal” means the final disposition of Residue and Bypassed Waste from the Project Site as 245 restricted by Permit conditions for Unacceptable Waste. 246 “Effective Date” means the date of this Agreement’s execution by the last of the Parties. 247 “Excess Tonnage”, means Tonnage of Acceptable Material delivered (or caused to be delivered) by the 248 City to the Facilities in excess of the City’s Maximum Annual Delivery Allowance, and/or in excess of the 249 Maximum Facility Capacity.
250 “Facility” or “Facilities”, means the building, equipment and all activities related to the MRF and/or the 251 AD Facility.
252 “Food Scraps”, means all Organic Materials generated during or resulting from the storage, sale, 253 preparation, cooking, or handling of food stuffs, including: (i) all kitchen and table food waste; (ii) animal 254 or vegetable waste; (iii) discarded paper and cardboard that is contaminated with food; and, (iv) fruit 255 waste, grain waste, dairy waste, meat and fish waste. Food Scraps are a subset of Organic Materials and 256 contain less than 2% contamination by weight.
257 “Hazardous Waste”, means any waste which is defined or regulated as a hazardous waste, toxic waste, 258 hazardous chemical substance or mixture, or asbestos under Applicable Law, including:
259 (1) “Hazardous Waste” pursuant to Section 40141 of the California Public Resources Code; all 260 substances defined as acutely hazardous waste, extremely hazardous waste or hazardous waste 261 by Sections 25110.02, 25115, and 25117 of the California Health and Safety Code (the California 262 Hazardous Waste Control Act), and future amendments to or recodification of such statutes or 263 regulations promulgated thereunder;
264 (2) “Hazardous Substances” as defined under Chapter 6.8 of the California Health and Safety Code, 265 Division 20, Sections 25316 and 25317;
266 (3) Materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as 267 amended, and related Federal, State of California, and local laws and regulations, including the 268 California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; 269 (4) Materials regulated under the Comprehensive Environmental Response, Compensation and 270 Liability Act, 42 U.S.C. 9601, et seq., as amended, and regulations promulgated thereunder; 271 (5) Materials regulated under The Resource Conservation and Recovery Act and the regulations 272 contained in 40 CFR Parts 260-281; and,
273 (6) Materials regulated under any future additional or substitute Federal, State or local laws and 274 regulations pertaining to the identification, transportation, treatment, storage or Disposal of toxic 275 substances or hazardous waste.
276 If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste 277 adopt conflicting definitions of “hazardous waste”, for purposes of collection, transportation, Processing 26 278 and/or Disposal, the broader, more restrictive definition shall be employed for purposes of this 279 Agreement.
280 “Jurisdictional Rate Stabilization Fund”, means the fund held by the County for the purpose of enhancing 281 System liquidity including making payments to the Service Contractor resulting from lower than expected 282 Recovered Materials revenues.
283 “Landfill”, means the Tajiguas Landfill, a Subtitle D Disposal facility. 284 “Market” (or “Marketed” or “Marketing” or other variations thereof), means providing for the sale or 285 placement of Recyclable Materials, electricity and Compost for the purpose of beneficial use. 286 “Material Recovery Facility” or “MRF”, means the Project Facility as described in Service Contractor’s 287 Proposal and in subsequent documentation to be developed and operated by Service Contractor in which 288 Processing equipment and systems are used to Process Acceptable Materials. 289 “Maximum Facility Capacity”, means the maximum number of Tons the Facility is designed, and the 290 Contractor’s operating expenses are assumed, to Process. 291 “Mixed Waste”, means Municipal Solid Waste that is available for delivery for Processing and may be 292 Processed at the Project, and is not Unprocessable Waste or Unacceptable Waste. Mixed Waste also 293 includes commercial and industrial waste that meets the criteria defined herein, Construction and 294 Demolition Debris, agricultural plastic, and tires. Mixed Waste does not include materials that are 295 collected or delivered in a source-separated form.
296 “Monthly Service Payment”, means the monthly amount paid to the County by the Collection Contractors 297 (on behalf of and overseen by the City) for delivery of Acceptable Materials for Processing at the Project 298 Site, as described in Section 4.2.B.
299 “Municipal Solid Waste”; “MSW”, means generally the components of Mixed Waste, and specifically all 300 substances or materials that are discarded or rejected as being spent, useless, worthless or in excess of 301 the owner’s needs at the time of discard or rejection including, without limitation, all putrescible and non302 putrescible solid and semi-solid waste including garbage, rubbish, maintenance waste, Yard Trimmings, 303 bulky wastes, industrial wastes, Construction and Demolition Debris, and grit and sweepings from a water 304 pollution control plant, which are generated by residential, commercial, industrial, institutional, 305 municipal, agricultural and other activities and which are not otherwise restricted in a Class III landfill by 306 State or federal regulations and which are delivered to the Project Site as Mixed Waste. Municipal Solid 307 Waste does not include: (i) Hazardous Waste; (ii) medical waste; (iii) ash; (iv) Source-Separated Recyclable 308 Materials; (v) Source-Separated Yard Trimmings; (vi) Source-Separated Food Scraps; or (vii) other 309 materials collected separately from Municipal Solid Waste for Processing at the Project Site. 310 “Net Current Revenues” means for any Agreement Year, the Current Revenues during such Agreement 311 Year less the System Costs during such Agreement Year. 312 “Net Revenues”, means for any Agreement Year, the Revenues during such Agreement Year less System 313 Costs during such Agreement Year.
314 “Notice”; “Notify”, means notice given in accordance with Section 9.6 and Exhibit A. 27 315 “Operating Committee”; means a committee comprised of each Public Participant (including the County). 316 Each Public Participant (including the County) will be allocated one representative on the Operating 317 Committee. The Operating Committee can be called to order as necessary. The representative will be the 318 City Manager or his/her designee who is authorized to vote on behalf of the represented Public 319 Participant. Each representative will have a weighted vote proportionate to the amount of Acceptable 320 Materials such Participant delivered during the Agreement Year as compared to the total amount of 321 Acceptable Materials delivered by all Public Participants during the prior Agreement Year. A two-thirds 322 vote is necessary to support a decision by the Operating Committee. 323 “Operating Reserve”, means the minimum balance of ten million dollars ($10,000,000) to be maintained 324 within the County Solid Waste Enterprise Fund or other fund established by the County necessary to 325 operate the Solid Waste System, which includes the TRRP. Such minimum balance shall be consistent with 326 the County’s Enterprise Fund Reserve Policy adopted by the County prior to the issuance of the 327 Certificates.
328 “Organic Materials”, means: (i) materials intended for Processing by the AD Facility, which may include 329 organics sorted out of Mixed Waste, Yard Trimmings, and Food Scraps; and, (ii) sludge and residuals from 330 water and wastewater treatment, as further defined in the Service Contractor’s subcontract with the AD 331 Facility Operator.
332 “Other County Costs” means other System Costs that are not in County Service Costs 333 “Other Users”, means any Person delivering Spot Market Materials to the Facility as authorized by the 334 Service Contractor, and approved by the County, as applicable. 335 “Party; Parties”, means County and City, individually and together. 336 “Permit(s)” means all Federal, State, City, other local and any other governmental unit permits, orders, 337 licenses, approvals, authorizations, consents and entitlements of whatever kind and however described 338 which are required under Applicable Law to be obtained or maintained by any Person with respect to the 339 Facilities or the performance of any obligation under this Agreement, as renewed or amended from time 340 to time.
341 “Person”, means any individual, firm, association, organization, partnership, corporation, trust, joint 342 venture, the United States, the State, a county, a municipality or special purpose district, or other entity 343 whatsoever.
344 “Process”; “Processing” (or any other variation thereof), means the picking, pulling, sorting, separating, 345 classifying and recovery of Recovered Materials from Acceptable Materials by the Service Contractor at 346 the Project Site. Processing also means the baling, crushing, shredding, chipping, grinding or any other 347 method of preparing Acceptable Materials for further Processing (for example, at the AD Facility) or 348 Marketing.
349 “Project”; “TRRP”, means all aspects of the Tajiguas Resource Recovery Project as conducted at the Project 350 Site. “Project Site”; “Site”, means the area at the Tajiguas Landfill property to be used by the County and 351 Service Contractor for development of the Facility, including one or more discrete sites including, but not 352 limited to the “Operations Deck” and a composting area (“Top Deck”). 353 “Promptly”, means as soon as possible, and no longer than three (3) Business Days unless the Parties 28 354 otherwise agree in writing.
355 “Public Participants”, means any jurisdiction which enters into an individual Material Delivery 356 Commitment and Processing Service Agreement with the County, excluding Other Users. The City is a 357 Public Participant.
358 “Reasonable Business Efforts”, means those efforts that a reasonably prudent business Person would 359 expend under the same or similar circumstances in the exercise of such Person’s business judgment, 360 intending in good faith to take steps calculated to satisfy the obligation which such Person has undertaken 361 to satisfy; provided that such Person and/or any enterprise by which such Person is employed would not 362 incur a financial loss (other than time expended or otherwise compensated for such efforts herein) by 363 reason of having expended or expending such efforts. 364 “Recovered Materials”, means Recyclable Materials and Organic Materials recovered through Processing 365 of Acceptable Materials.
366 “Recyclable Materials”, means materials having economic value or a beneficial reuse which are commonly 367 recovered in comparable materials recovery facilities and organics Processing facilities in California. 368 “Reimbursement Costs”, means the Direct Costs that the Party incurs to enforce its rights or exercise its 369 remedies under this Agreement plus an amount equal to the average interest rate payable on the 370 California Local Agency Investment Fund in effect when the Direct Costs were incurred. 371 “Revenue Fund” or “Solid Waste Enterprise Fund; means Fund No. 1930 in the County’s financial 372 accounting system in which Current Revenues will be deposited and from which System Costs will be 373 dispersed.
374 “Revenues” means Current Revenues plus deposits to the Revenue Fund from amounts on deposit in the 375 Bond Holders Rate Stabilization Fund, but only as and to the extent specified in the Bond Documents. 376 “Service Agreement”, means the contract between the County of Santa Barbara and MSB Investors, LLC 377 for development and operation of the TRRP.
378 “Service Contractor”, means the Contractor defined in the Service Agreement between the County of 379 Santa Barbara and MSB Investors, LLC.
380 “Service Contractor’s Proposal”, means the Service Contractor’s document(s) included in Exhibit J to the 381 Service Agreement, and all related materials submitted subsequently prior to the Effective Date “Shortfall 382 Charge”, means the charge incurred by the City for failure to meet the City’s Minimum Annual Delivery 383 Requirement (i.e., if the actual tonnage delivered and paid for is less than the committed tons). The charge 384 will equal the number of tons short of the City’s Minimum Annual Delivery Requirement multiplied by the 385 effective Acceptable Material Charge.
386 “Solid Waste System”; “System” means all solid waste collection, processing, diversion, composting, 387 recycling, disposal and power generation facilities (including related equipment) and any other facilities 388 related thereto now owned by the County, and all other facilities (including related equipment) for solid 389 waste collection, processing, diversion, composting, recycling, disposal and power generation hereafter 390 acquired and constructed by the County and such other facilities, which may or may not be owned by the 391 County, determined by the County to be a part of the Solid Waste System. Solid Waste System shall not 29 392 include any Special Facilities.
393 “Source-Separated Food Scraps”, means Food Scraps, containing less than two percent (2%) 394 contamination by weight, segregated from other Municipal Solid Waste prior to collection. Source395 Separated Food Scraps may be collected separately or commingled with Yard Trimmings. Source396 Separated Food Scraps are Organic Materials. 397 “Source-Separated Organic Materials”, means Source-Separated Food Scraps, or combined Food Scraps 398 and Yard Trimmings, containing less than two percent (2%) contamination by weight, that are collected 399 separately from Municipal Solid Waste.
400 “Source-Separated Recyclable Materials”, means Recyclable Materials, containing less than 15% 401 contamination by weight, that are separated by the generator from Municipal Solid Waste, provided for 402 collection by individual material type or as combined materials in a single-stream program, and are 403 delivered to the Project for Processing and transport to Market. 404 “Source-Separated Yard Trimmings”, means Yard Trimmings, containing less than two percent (2%) 405 contamination by weight, segregated from other Municipal Solid Waste prior to collection. Source406 separated yard trimmings are not included in the City’s Minimum Annual Delivery Requirement. 407 “Spot Market Material”, means Acceptable Material generated within Santa Barbara County and delivered 408 to the Facility by or on behalf of Other Users.
409 “State”, means the State of California.
410 “Surplus Fund”, means on June 1 and December 1 of each year, beginning on June 1, 2017, all remaining 411 money in the Revenue Fund after making the foregoing deposits shall be withdrawn from the Revenue 412 Fund and deposited by the County in the Surplus Fund. Moneys in the Surplus Fund may be applied for 413 any lawful purpose of the County relating to the Solid Waste System. 414
415 “System Costs”, means all reasonable and necessary costs paid or incurred by the County for maintaining 416 and operating the Solid Waste System, determined in accordance with Generally Accepted Accounting 417 Principles, including all reasonable expenses of management and repair and other expenses necessary to 418 maintain and preserve the Solid Waste System in good repair and working order, state mandated 419 surcharges, and the annual costs of any permits or licenses, but excluding debt service costs, and including 420 all administrative costs of the County that are charged directly or apportioned to the operation of the 421 Solid Waste System, such as salaries, wages, and pension and other post-employment benefits of 422 employees, overhead, taxes (if any) and insurance premiums, and including all other reasonable and 423 necessary costs of the County or charges required to be paid by the County to comply with the terms 424 hereof or of any resolution authorizing the issuance of any Certificates (as defined in the Bond Documents) 425 or of such Certificates, or of any resolution authorizing the execution of any contract (as defined in the 426 Bond Documents) or of such contract, such as compensation, reimbursement and indemnification of the 427 trustee for any such Certificates or contracts and fees and expenses of independent certified public 428 accountants and independent engineers, insurance consultants, but excluding in all cases depreciation, 429 replacement and obsolescence charges or reserves therefor, amortization of intangibles and 430 intergovernmental transfers by the County which are not reimbursements or payments for overhead or 431 other administrative expenses incurred by the County. System Costs do not include payments by the 30 432 County from funds in the Jurisdictional Rate Stabilization Fund (i) to the Public Participants pursuant to 433 the terms and provisions of this Agreement, and (ii) to the Service Contractor. 434 “Target Value”, means the targeted amount of funds to be kept in the Jurisdictional Rate Stabilization 435 Fund of $3,000,000.
436 “Ton”; “Tonnage”, means a short Ton of 2,000 pounds. 437 “TRRP Revenue(s)”, means revenue from the sale of any or all of the following, without regard to source:
438 (A) Sale of Recyclable Materials
439 (B) Sale of Compost
440 (C) Sale of electricity
441 (D) Share of Spot-Market tipping fees
442 (E) Any other revenues generated as a result of changes in law or other from regulatory-driven factors 443 occurring after and not otherwise incorporated into Service Contractor’s pro-forma 444 “TRRP Service”, means any or all of Service Contractor’s obligations that are described in the Service 445 Agreement, including development, operations (throughput, recovery, residue, electric output, net 446 electricity generated, and environmental performance), maintenance, Marketing, etc. 447 “Unacceptable Waste” means wastes that the TRRP may not receive under its Permits, including but not 448 limited to:
449 (A) Asbestos, including friable materials that can be crumbled with pressure and are therefore likely 450 to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which 451 may be a Hazardous Waste if it contains more than one percent (1%) asbestos; 452 (B) Ash residue from the incineration of Municipal Solid Wastes, including infectious waste described 453 in item (G) below, wood waste, sludge, and agricultural wastes.; 454 (C) Auto shredder "fluff" consisting of upholstery, paint, plastics, and other non-metallic substances 455 which remains after the shredding of automobiles;
456 (D) Large dead animals;
457 (E) Hazardous Wastes, explosives, ordnance, highly flammable substances and noxious materials; 458 (F) Industrial solid or semi-solid wastes resulting from industrial processes and manufacturing 459 operations, including cement kiln dust, ore process residues and grit or screenings removed from 460 waste water treatment facility;
461 (G) Infectious wastes which have disease transmission potential and are classified as Hazardous 462 Wastes by the State Department of Health Services, including pathological and surgical wastes, 463 medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubings, 31 464 bottles, drugs, patient care items such as linen or personal or food service items from 465 contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical 466 purposes or with known infectious diseases;
467 (H) Liquid wastes which are not spadeable, usually containing less than fifty percent (50%) solids, 468 including cannery and food processing wastes, landfill leachate and gas condensate, boiler 469 blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, 470 rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous 471 Wastes;
472 (I) Radioactive wastes as defined in Section 114710 of the California Health and Safety Code and any 473 waste that contains a radioactive material, the storage or Disposal of which is subject to any other 474 State or federal regulation;
475 (J) Special wastes designated from time to time by the Department of Resources Recycling and 476 Recovery (CalRecycle), including contaminated soil; 477 (K) Bulky items that cannot fit within standard roll-off containers or Mixed Waste/Municipal Solid 478 Waste collection vehicles unless otherwise approved by Service Contractor. 479 The Parties shall Promptly conform this definition of "Unacceptable Waste" to the extent necessary to 480 comply with Applicable Law, should a Change in Law or in Permits and Permit requirements necessitate. 481 “Uncontrollable Circumstances”, means any act, event or condition that is beyond the reasonable control 482 of the Party relying thereon as justification for not performing a County Obligation or a City Obligation as 483 defined in Article 3 and 4 respectively, or complying with any condition required of such Party under this 484 Agreement, and that materially interferes with or materially increases the cost of performing its 485 obligations hereunder (other than payment obligations), to the extent that such act, event or condition is 486 not the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence, or 487 breach of the this Agreement on the part of such Party. The only effect of such Uncontrollable 488 Circumstance is that it allows for a temporary cessation of delivery of materials by the City and/or the 489 provision of service by the County to the extent that the delivery of materials by the City or the provision 490 of service by the County is prevented by the Uncontrollable Circumstance. The occurrence of an 491 Uncontrollable Circumstance expressly does not allow for a cessation of payment of the Monthly Service 492 Payment. Such acts or events may include, but shall not be limited to, the following:
493 (A) Naturally occurring events (except weather conditions normal for the Santa Barbara area) such as 494 landslides, underground movement, earthquakes, fires, tornadoes, tidal waves, floods, epidemics, 495 storms, and other acts of God, ionizing radiation, nuclear, radioactive, chemical or biological 496 contamination;
497 (B) Explosion, sabotage or similar occurrence, acts of a declared public enemy, extortion, war, civil 498 war, armed conflict, terrorism, blockade, embargo, or insurrection, riot or civil disturbance; 499 (C) Labor disputes, except labor disputes involving employees of the Service Contractor, its affiliates, 500 or subcontractors that affect the performance of the TRRP Services; 501 (D) The failure of any subcontractor or supplier (other than the Collection Contractor, Service 502 Contractor, Service Contractor’s guarantor, or any affiliate of either) to furnish services, materials, 32 503 chemicals or equipment on the dates agreed to, but only if such failure is the result of an event 504 which would constitute an Uncontrollable Circumstance if it affected the Collection Contractor, 505 or Service Contractor directly, and the Collection Contractor or the Service Contractor are not able 506 after exercising all Reasonable Business Efforts to timely obtain substitutes; 507 (E) The failure of any private utility to provide and maintain utilities to the TRRP which are required 508 for the performance of this Agreement;
509 (F) Any failure of title to the Project Site or any enforcement of any encumbrance on the Project Site 510 not consented to in writing by, or arising out of any action or agreement entered into by, the Party 511 adversely affected thereby;
512 (G) The preemption of materials or services by a governmental body in connection with a public 513 emergency or any condemnation or other taking by eminent domain of any material portion of 514 the Facility;
515 (H) The temporary suspension of operations due to supervening authority of law, such as the 516 designation of all or a portion of the TRRP as a crime scene or as the site of an investigation by 517 law enforcement;
518 (I) A Change in Law.
519 It is specifically understood that, without limitation, none of the following acts, events or circumstances 520 shall constitute Uncontrollable Circumstances:
521 (1) Any act, event or circumstance with respect to which the Service Contractor has assumed the "as522 is" risk under the Service Agreement; 523 (2) Any act, event or circumstance that would not have occurred if the affected Party had complied 524 with its obligations under the this Agreement;
525 (3) Changes in interest rates, inflation rates (other than those provided for in this Agreement), labor 526 costs, insurance costs, commodity prices, currency values, exchange rates or other general 527 economic conditions, with the exception of changes resulting from a Change in Law; 528 (4) Changes in the financial condition of the County, the Contractor, the Guarantor, or the City 529 affecting the ability to perform their respective obligations; 530 (5) The consequences of error, neglect or omissions by the Service Contractor in the performance of 531 the TRRP Services;
532 (6) Union or labor work rules, requirements or demands, which have the effect of increasing the 533 number of employees employed, or overtime hours required, at the Project or otherwise 534 increasing the cost to the Service Contractor for meeting Service Contractor obligations under the 535 Service Agreement, provided that such are not the result of a Change-in-Law; 536 (7) Mechanical failure of equipment not itself due to an Uncontrollable Circumstance; 537 (8) Power outages not caused by third party utilities; 33 538 (9) Reasonably anticipated weather conditions for the geographic region of Santa Barbara County; 539 (10) Any act, event, circumstance or Change-in-Law occurring outside the United States of America, 540 unless it has a clear, direct and measurable impact on the ability of a Party to perform its 541 contractual obligations;
542 (11) Failure of the Service Contractor to secure applicable patents, provided that such failure is due to 543 the acts, omissions or negligence of the Service Contractor; 544 (12) A Change-in-Law pertaining to taxes, which does not discriminate against Service Contractor; or 545 (13) Any Change-in-Law (including the issuance of any governmental approval, the enactment of any 546 statute, or the promulgation of any regulation) the terms and conditions of which do not impose 547 more stringent or burdensome requirements on the Service Contractor than are imposed by the 548 Service Agreement.
549 “Unprocessable Waste”, means materials that Service Contractor cannot Process due to size or other 550 characteristics (e.g., oversized, bulky items) and that may be delivered to the Landfill for Disposal. 551 “Yard Trimmings”, means those discarded materials that will decompose and/or putrefy, including, but 552 not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree 553 trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. 554 Yard Trimmings are Organic Materials.
555 “Year”, means a calendar year of January 1 through December 31, unless an Agreement Year is explicitly 556 specified.
34 557 ARTICLE 2: TERM OF AGREEMENT
558 2.1 Effective Date
559 This Agreement shall be dated as of, and become effective on, the date of its execution by the last of the 560 Parties.
561 2.2 Agreement Term
562 This Agreement shall terminate December 31, 2038 (approximately 22 Years from the Effective Date) and 563 shall include the construction periods (allowing for Facility construction and acceptance testing) as well 564 as twenty (20) Years of operation; provided, however in no event shall this Agreement terminate while 565 any Certificates are outstanding.
566 2.3 Survival of Certain Provisions
567 The following provisions survive this Agreement’s term:
568 (A) Parties’ representations, certifications, warranties and acknowledgements; 569 (B) Amounts that the City owes County, and County owes City; 570 (C) Any other rights and obligations of the Parties accrued prior to expiration or termination of this 571 Agreement; and,
572 (D) Any other rights and obligations of the Parties expressly stated to survive this Agreement’s term. 35 573 ARTICLE 3: COUNTY’S OBLIGATIONS
574 3.1 Solid Waste Management Services
575 Commencing on July 1, 2017 (based on the June 2016 schedule attached as Exhibit C of the Service 576 Agreement), the County shall provide or cause the provision of the service of receiving and processing, 577 treating, and/or disposing of Acceptable Materials from the Public Participants at the System (including 578 such other facilities, including transfer stations, as the County may determine to use in the event that the 579 Project or other existing components of the System are unavailable for any reason, as described in Section 580 3.6). The County, to the maximum extent permitted under Applicable Law, shall use its Reasonable Best 581 Efforts to keep the Project and the existing landfill open for the receipt of waste for processing, transfer 582 or disposal of Acceptable Materials pursuant to this Agreement. The County shall do and perform all acts 583 and things which may be necessary or desirable in connection with its covenants in this subsection, 584 including without limitation all planning, development, administration, implementation, construction, 585 operation, maintenance, management, financing and contract work related thereto or undertaken in 586 connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in 587 complying with its obligations and responsibilities under this Agreement, Applicable Law, the Bond 588 Documents, and prudent solid waste management practice and environmental considerations. The 589 County shall enforce the provisions of all agreements with third parties relating to the Project. 590 3.2 Facility Revenues
591 A. Jurisdictional Rate Stabilization Fund
592 Annually, the County will deposit into the Jurisdictional Rate Stabilization Fund amounts held in the 593 Surplus Fund (as established under the Bond Documents) net of (i) payment of System subordinate 594 obligations; (ii) capital improvements of the System; (iii) any replenishment of the Operating Reserve; and 595 (iv) the payment by or reimbursement of revenue to the County of any non-County Service Costs or 596 revenues that are excluded from this Agreement as described in Exhibit F. 597 County shall continue to contribute, solely from the amounts held in the Surplus Fund established under 598 the Bond Documents, to the Jurisdictional Rate Stabilization Fund with the goal of maintaining a minimum 599 fund balance of three million dollars ($3,000,000) (Target Value). If at the end of any Agreement Year, the 600 Jurisdictional Rate Stabilization Fund exceeds three million five hundred thousand dollars ($3,500,000) 601 (Cap Value), the Public Participants will receive a dividend to return the fund to three (3) million dollars 602 ($3,000,000) based upon the actual amount and type of Tons delivered to the Facilities in the given year 603 as identified in the Service Agreement. The County shall separately account for expenses made from and 604 contributions to the Jurisdictional Rate Stabilization Fund and shall present these to the City during the 605 Annual Settlement Process (as described in Section 4.3.B). Any funds remaining in the Jurisdictional Rate 606 Stabilization Fund at the end of the Agreement Term shall be accounted for during the final Annual 607 Settlement Process. Within ninety (90) days of the end of the Agreement Term, the County shall refund 608 to the City its proportionate share of the entire remaining cumulative balance of the Jurisdictional Rate 609 Stabilization Fund.
610 B. Materials Revenue Shares
611 1. Calculation
612 Subject to satisfying the requirements of the Bond Documents, in the event that the Jurisdictional Rate 36 613 Stabilization Fund balance exceeds the Cap Value, the County shall, during the Annual Settlement Process 614 (described in Section 4.3.B), distribute the amount of any additional TRRP Revenues to the Public 615 Participants (in proportion to the amount of annual Tons delivered by waste stream responsible for the 616 material revenues), in an amount calculated as follows, and as further described in Exhibit D:
617 a. City’s Tons of Acceptable Materials by material type (e.g., Mixed Waste, Source-Separated 618 Recyclable Materials, Source-Separated Organic Materials) actually delivered to the TRRP; 619 b. Multiplied by an equivalent tonnage factor based on actual market values of the materials from 620 the previous Agreement Year (e.g. if Source-Separated Recyclable Materials commodity values are 621 twice as high as Mixed Waste commodity values, the Source-Separated Recyclable Materials 622 equivalent tonnage factor would be “2”, and Mixed Waste equivalent tonnage factor would be 623 “1”);
624 c. Summed for all material types, to arrive at a single equivalent tonnage value per City; 625 d. Divided by the aggregate Tons of Acceptable Materials actually delivered to the TRRP, and adjusted 626 by the equivalent tonnage factors, to arrive at a percentage; 627 e. Multiplied by the total available disbursement amount; 628 f. Minus any money that the City owes the County.
629 2. Example
630 For example, as applied to Source-Separated Recyclable Materials and as defined in B. 1 a – f above:
631 Assumptions:
632 a. 10 Tons: City’s Collection Contractor delivers 10 Tons of Source-Separated Recyclable Material. 633 b. 2: Source-Separated Recyclable Materials equivalent Tonnage factor, assuming Source-Separated 634 Recyclable Materials commodity values were agreed to be twice as high as Mixed Waste 635 commodity values.
636 c. 1000 Tons: Aggregate of 1000 Tons of adjusted equivalent Tonnage from all sources and material 637 types delivered by Public Participants to the Project. 638 d. $3,500,000: Jurisdictional Rate Stabilization Fund Balance has reached the Cap Value of 639 $3,500,000.
640 e. $500,000: County’s available disbursement amount to return the Jurisdictional Rate Stabilization 641 Fund to the Target Value is $500,000 (assuming the funds identified in Section 3.2.A are fully 642 funded).
643 f. $500: City owes County outstanding balance of Shortfall Charge of $500. 644 Equation:
645 ((10 Tons * 2) / 1,000 equivalent Tons) = 2%
646 (2% * $500,000) - $500 = $9,500 = City’s dividend amount 647 C. Payment Dates
648 County will distribute any TRRP Revenues that are due to the Public Participants in accordance with the 37 649 Materials Revenue Share as described in Section 3.2 B and the Annual Settlement Process (described in 650 Section 4.3.B) within thirty (30) Days of receipt of revenues from Service Contractor, subject to 651 confirmation that the City has satisfied the requirements of the Bond Documents and Operating Reserve, 652 and has met preconditions related to any Shortfall Charges, prior to distribution. 653 D. Limited Obligation
654 County’s obligation with respect to materials revenue sharing is limited to TRRP Revenues that County 655 receives and which are not subsequently recovered from County by a trustee in bankruptcy, creditor of 656 the Service Contractor or other Person. City acknowledges that County may not receive any TRRP 657 Revenues from Service Contractor for multiple reasons, including:
658 1. Service Contractor’s failure to generate revenues from identified sources, or 659 2. Attachment of those revenues by creditors of Service Contractor who have a secured interest prior 660 to the County’s interest.
661 3.3 Non-monetary Credits or Offsets
662 The Parties acknowledge that the Project depends upon the waste streams of the participating 663 jurisdictions for feedstock and the revenues from the Minimum Monthly Service Payments of the 664 participating jurisdictions to pay the debt service for the construction of the Project and the Project’s 665 operating expenses. In recognition of this partnership, the Parties agree (to the extent such an 666 agreement is not in conflict with any preemptive legal authority) that any future non-monetary credits 667 or offsets that may accrue under any legislative, administrative, or regulatory programs or systems from 668 the reduction of greenhouse gas emissions due to the operation of the Project shall be allocated 669 proportionately amongst the participating jurisdictions based upon the following ratio: the participating 670 jurisdiction’s actual tonnage delivered/total tons delivered to the Facility from all Public Participants. 671 This allocation of credits and offsets does not apply to:
672
673 1Renewable energy credits that have been previously allocated to Southern California Edison 674 pursuant to the power purchase agreement between MSB Investors, LLC and Southern California Edison, 675 2. Revenues already included in the Service Contractor’s pro-forma or the County’s 676 financing or Other County Costs, or
677 3. Revenues generated as a result of changes in law or other regulatory-driven factors 678 occurring after and not otherwise incorporated into the Service Contractor’s pro-forma, which are 679 incorporated into the definition of TRRP Revenues.
680 3.4 Exercise of Contractual Rights
681 A. Notification
682 County will notify City, no later than thirty (30) Days prior, of any upcoming County Board meeting prior 683 to exercising County’s rights and obligations under the Service Agreement that the County does not 684 delegate to the County Agreement Representative. The obligation to notify the City does not prevent the 685 County from unilaterally exercising such rights and obligations. Examples include:
686 1. Giving Notices to proceed, and full or partial Facility acceptance; and, 687 2. Exercising certain enforcement actions and remedies. 38 688 B. City’s Individual Rights
689 County authorizes City to exercise the following rights of the County under the Service Agreement, at 690 City’s option:
691 1. Entering Facility during normal hours of Facility operation, and/or, 692 2. Accessing Service Contractor’s books and records during normal business hours as well as access 693 to electronic records available on-line from the Contractor and County. 694 C. No Modification Without City Consent
695 Except for routing change orders necessary for the construction and operation of the Facility as described 696 in the Service Agreement, County will not modify the Service Agreement in any way that changes City’s 697 obligations, or City’s rights under this Section 3.4, without City consent. 698 3.5 Annual Facility Review Meeting
699 County shall hold an annual meeting with City and other Public Participants to review the Service 700 Contractor’s Processing efforts, and overall performance under this Agreement. The purpose of such 701 meeting is to provide for a discussion and review of technological, economic, and regulatory changes in 702 collection, source reduction, Processing and Disposal to achieve a continuing, advanced materials 703 Processing and Disposal system; and to ensure services are being provided by County and the Service 704 Contractor with adequate quality, effectiveness and economy, and in full compliance with the terms of 705 this Agreement.
706 County shall notify City of its intent to hold an annual review meeting at least sixty (60) days in advance 707 thereof.
708 In addition, City may request a meeting with County to discuss the issues described herein at any time 709 during the Agreement Term, and County shall arrange such meeting within thirty (30) Days of City request. 710 3.6 Services During Uncontrollable Events
711 In the event of an Uncontrollable Circumstance, County shall make Reasonable Business Efforts to receive 712 materials delivered by City’s Collection Contractor, and to promptly and cost effectively provide materials 713 processing and disposal services either through facilities within the County’s Solid Waste System or using 714 alternative waste management facilities. The County commits to seeking all reimbursable funds from any 715 and all insurance policies providing coverage for loss or damage resulting from such events to return the 716 TRRP and Landfill to operations. If the cost to repair the TRRP and landfill exceed the available insurance 717 proceeds, the County will prepare a plan and budget to return the facilities to operational status and 718 submit this information to the Operating Committee for consideration under Section 4.3.D.3. Moreover, 719 since the type, scope and limits of the required insurance coverage secured by the Contractor and the 720 County for the TRRP was determined after review and consultation by the City of Santa Barbara, any 721 significant changes in the type, scope or limits of insurance coverage for the TRRP will be subject to review 722 by the Operating Committee.
723
724 A. Disposal Facility Available
725 In the event an Uncontrollable Circumstance occurs which prevents Processing of materials by the TRRP 726 but does not preclude Disposal in the Landfill, County shall Dispose of the materials and shall make 39 727 Reasonable Business Efforts to provide alternative material Processing capacity. 728 B. Disposal Facility Not Available
729 In the event an Uncontrollable Circumstance occurs which prevents Processing of materials by the TRRP 730 and Disposal in the Landfill, the County, shall not abandon the Solid Waste System and shall continue to 731 provide disposal capacity sufficient to enable it to comply with the terms hereof; provided, that, the 732 County may provide such capacity by making available transfer and/or disposal facilities owned and 733 operated by the County or by making contractual or other arrangements for the use of transfer and/or 734 disposal facilities (either inside or outside the geographic boundaries of the County) owned or operated 735 by persons other than the County. In the event of loss or damage to any material portion of the Solid 736 Waste System or the occurrence of any other event which prevents the County from accepting solid waste 737 at the facilities or the Solid Waste System, the County will use Reasonable Business Efforts to take 738 whatever actions are within its powers to provide other facilities or services necessary to provide the solid 739 waste management services necessary to maintain Net Current Revenues and Net Revenues as required 740 under the Bond Documents. If the efforts necessary to replicate the performance of the TRRP are not 741 economically feasible based on the Current Revenues and any available insurance proceeds, the County 742 shall convene a meeting of the Operating Committee to discuss the options available to provide disposal 743 and processing services that most closely replicate the performances of the TRRP within the limits of the 744 Current Revenues and any available insurance proceeds. 40 745 ARTICLE 4: CITY’S OBLIGATIONS
746 4.1 Acceptable Materials Delivery Requirement and Monthly Payments 747 Commencing on July 1, 2017, the Public Participants will deliver or direct their respective Collection 748 Contractor to deliver to the Solid Waste System all Acceptable Materials that the Collection Contractor 749 collects under its contract with City. Public Participants shall also pay or cause their respective Collection 750 Contractor(s) to pay the then-applicable Monthly Service Payment based on the Acceptable Materials 751 Charge established pursuant to this Agreement. The obligations of the Public Participants pursuant to this 752 section shall be referred to here as the “Delivery Covenant.” 753 In order to meet the Delivery Covenant, each Public Participant agrees to maintain collection franchises 754 or other contractual arrangements (or utilize municipal collection) to manage collection of all Acceptable 755 Materials generated within its jurisdiction while the Certificates are outstanding. 756 Each such franchise or contract shall require, as a condition of the franchise or contract, that the hauler 757 deliver Acceptable Materials which it collects to the Solid Waste System, or to alternate facilities 758 designated by the County in the event the Solid Waste System is unavailable for any reason as discussed 759 in Section 3.6.
760 4.2 City’s Annual Deliveries
761 A. Tonnage
762 City will deliver (or cause to be delivered) its City’s Minimum Annual Delivery Requirement up to its City’s 763 Maximum Annual Delivery Allowance (as described in Figure I, below) to the MRF, AD Facility or 764 composting operations area on the Project Site (or other site designated by the County), as Service 765 Contractor directs, by either or both of the following means:
766 • Municipal collection: collecting Acceptable Materials itself, using municipal employees; or 767 • Contract collection: directing Collection Contractors to deliver Acceptable Materials using 768 Collection Contractors’ employees, subcontractors or other third Persons. 769 1. Contamination
770 The TRRP Revenues are based on the receipt of Mixed Waste, Source-Separated Recyclable Materials, 771 and Source-Separated Organic Materials. Each of the Source Separated materials have limits of the 772 contamination they may contain as described in the Definitions. Should higher levels of contamination 773 occur, more material will be classified as Mixed Waste and less TRRP Revenue will be received. 774 If County demonstrates a material increase in contamination of Source Separated Recyclable Materials 775 and Source Separated Organic Materials delivered to the TRRP, the County and the Service Contractor 776 shall attempt to determine the source and cause of the increased contamination. If the source of the 777 contamination cannot be identified, the County will propose certain actions (e.g., targeted public 778 outreach programs, tagging of containers and collection of materials in the tagged containers as solid 779 waste, etc.) to be implemented uniformly by all users of the Facility. The Operating Committee shall 780 consider the Service Contractor’s and County’s findings and recommendations and either adopt those 781 recommended actions or modify them and adopt the modified actions and all users of the Facility shall 782 uniformly implement such actions within six (6) months. 41 783 If the County demonstrates by substantial evidence that the increased contamination is attributable to 784 the City, then the County will notify the affected City. If the City does not agree with the County’s 785 findings as to the cause of the contamination, a third party that is mutually agreeable to the City and 786 the County will be hired to review the County’s evidence and make a determination of the cause of the 787 increased contamination. If the City does not dispute the County’s original finding as to the cause of 788 the increased contamination or if the third party attributes the cause of the increased contamination 789 to the City, then the City will have ninety (90) days to prepare a course of action (e.g., targeted public 790 outreach programs, tagging of containers and collection of materials in the tagged containers as solid 791 waste, etc.) to address the identified contamination including a description of the change(s), the 792 timeline for the change(s), and the anticipated impact(s) of the change(s). Within sixty (60) days of 793 receipt of the City’s proposed actions (Proposal) to correct the contamination, County shall prepare 794 and deliver to City a written response to the proposed change (Response). If the City does not agree 795 with the original findings of the County or Service Contractor or the County does not agree to the 796 Proposal prepared by the City to address the contamination issue, a third party that is mutually 797 agreeable to the City and County will be hired to review the County or Service Contractor’s findings 798 and the City’s Proposal, and make a recommendation to address the issue. The cost for the third party 799 will be split between the County and the City and the third party’s decision shall be binding upon the 800 City and the County. The City will implement actions associated with the third party’s decision within 801 six (6) months.
802 2. Quantities
803 In the event that in any Agreement Year City delivers (or causes to be delivered) Tons in excess of the 804 City’s Minimum Annual Delivery Requirement but less than the City’s Maximum Annual Delivery 805 Allowance, City shall be charged for each additional Ton at the then current Acceptable Materials 806 Charge, during the Annual Settlement Process, as described in Section 4.3.B. 807 In the event that in any Agreement Year City delivers (or causes to be delivered) Tons in excess of the 808 City’s Maximum Annual Delivery Allowance but the facility has received fewer Tons than the Facility 809 Maximum Annual Delivery Allowance, City shall be charged for each additional Ton at the then current 810 Acceptable Materials Charge, during the Annual Settlement Process, as described in Section 4.3.B. 811 In the event that in any Agreement Year City anticipates or is projected by the County or the Service 812 Contractor to deliver (or cause to be delivered) Tons in excess of the Facility Maximum Annual Delivery 813 Allowance, City may be allowed to deliver (or cause to be delivered) the additional Tons at the 814 Acceptable Materials Charge based on the terms determined in accordance with Section 4.3.C.2. 815
42 816 Figure I - City’s Minimum Annual Delivery Requirement and Maximum Delivery Allowance “City’s Minimum Annual Delivery Requirement” means at least the following Total Tons of Acceptable Materials relating to the City. (Specific Tons of Mixed Waste, Source-Separated Recyclable Materials and Source-Separated Organic Materials are listed separately only for the purpose of calculating revenue shares under Section 3.2.B.)*
Mixed Waste
(Tons)
Source-Separated
Recyclable
Materials (Tons)
Source-Separated
Organic Materials (Tons)**:
• Source-Separated Food
Scraps, or
• Source-separated Food
Scraps and Yard Trimmings
(combined)
Total
City’s Minimum
Annual Delivery
Requirement Total
Tons
3,632 1,000 0 4,632
City’s Maximum
Annual Delivery
Allowance
Total Tons
4,431 1,500 5,931
817 * The Minimum Annual Delivery Requirement(s) shall be increased to reflect City annexation of any 818 property subsequent to the execution of this Agreement. 819 ** While Source-Separated yard trimmings may be delivered to the Anaerobic Digestion Facility, such 820 material is not included in the tonnage commitment of each jurisdiction. 821 B. Collection Contract Obligations
822 City must include obligations under this Section 4.2 as performance specifications and contractual 823 obligations in an agreement with its Collection Contractor as well as any Permits, licenses or other 824 regulatory instruments allowed under law.
825 1. Delivery of All Acceptable Materials
826 The City or its Collection Contractor must deliver to the Project Site (or other site designated by the 827 County) all Acceptable Materials that it collects under its collection contract with the City. 828 2. Tajiguas Landfill Tip Fee Increase Beginning July 1, 2017 829 Beginning, July 1, 2017, the City agrees to pay a tipping fee increase for disposal of waste at the Tajiguas 830 Landfill at a rate of ninety nine ($99) dollars per ton. The revenue generated by this increase will fund the 831 Jurisdictional Rate Stabilization Fund. For Fiscal year 2019, beginning July 1, 2018, the City agrees to pay 832 a tipping fee of one hundred ten ($110) dollars per ton. For Fiscal Year 2020, beginning July 1, 2019, the 833 County shall establish the Acceptable Materials Charge pursuant to Section 4.3A and the limitations in 834 Section 4.3D shall not apply. The limitations on the amount by which the County may adjust the 835 Acceptable Materials Charge for the upcoming Agreement Year as set forth in Section 4.3D will not take 836 effect until fiscal year 2021 on July 1, 2020. Notwithstanding the above, the Acceptable Material Charge 837 will be set as required by the Bond Documents.
43 838 3. Monthly Service Payment Requirement Upon Commencement of Operations 839 The City or its Collection Contractor shall pay County a Monthly Service Payment as provided in this 840 Section 4.2.B.3.
841 The Monthly Service Payment is calculated and paid monthly based on the City’s Minimum Annual 842 Delivery Requirement shown in Section 4.2.A multiplied by the applicable Acceptable Materials Charge 843 shown in Section 4.3.A divided by twelve (12). The Monthly Service Paymentshall be the monthly amount 844 represented in the following formula.
845 + Acceptable Material Charge
846 x City’s Minimum Annual Delivery Requirement (Total Tons) 847 / 12 months
848 = Monthly Service Payment
849 The Annual Settlement Process, defined in Section 4.3.B, identifies any necessary adjustments to the 850 twelve (12) Monthly Service Payments made for the previous Agreement Year to reflect actual Tonnages 851 delivered and other payments owed to, or by Collection Contractor. Should City’s actual Tonnages 852 delivered during the Agreement Year significantly exceed what would be expected based on the City’s 853 Minimum Annual Delivery Requirement and should this materially affect the County’s cash flow payments 854 to the Service Contractor, or the County’s ability to comply with the Bond Documents, then the Parties 855 shall meet and confer to compensate the County for such an impact and/or adjust the future Minimum 856 Annual Delivery Requirement to minimize the cash flow impact on the County in the future. 857 C. City Agreement to Exercise Collection Contract Remedies 858 If the Collection Contractor does not meet any or all contractual requirements in Section 4.2.B and Section 859 4.3, City shall exercise any or all remedies available at law or equity under its contract with the Collection 860 Contractor to fulfill such requirements.
861 The failure of the City’s Collection Contractor to pay County any sums due it in accordance with this 862 Agreement and or Uncontrollable Circumstances do not excuse City from its obligation to pay the Monthly 863 Service Payment and/or Acceptable Material Charges for materials that Collection Contractor delivered 864 above the tonnage assumed in the Monthly Service Payment and Service Contractor accepted at Facilities. 865 D. Consent to Changes
866 The City and County acknowledge that changes to the City's collection contracts or programs may 867 negatively impact the costs and revenues of the County and other Public Participants involved with the 868 TRRP. The City may therefore amend its collection contract(s) or collection programs only if the City 869 mitigates all impacts to the County and other Public Participants (including impacts such as reduced 870 revenues to the County, or reduced Current Revenues available for debt service obligations) which may 871 result from such amendments. General examples of “change” include expiration/termination, extension, 872 re-procurement/replacement and amendments to collection agreements. Specific examples of “change” 873 are stopping collection of Source-Separated Recyclable Materials; or delivering Acceptable Materials in a 874 different configuration such as a “Wet/Dry” collection system. The City Administrator, or his or her 875 designee, is authorized to propose and negotiate changes pursuant to this Subsection D subject to the 44 876 approval of the City Council prior to implementation. 877
878 1. Refuse, Recyclable and Organic Materials Other Than Yard Trimmings 879 If City wishes to propose a change to its collection contract or collection program, concerning materials 880 other than Yard Trimmings, then the City and County shall abide by the following procedures:
881 • City shall send County and other Public Participants a written proposal detailing the proposed 882 change(s) to the collection contract. The proposal shall: describe the change(s), identify the 883 timeline for the change(s), identify the anticipated impact(s) of the change(s), and include the 884 methods by which it proposes to use to cause no new current and future negative financial 885 impacts to the County and other Public Participants. The proposal shall be sent to the County 886 and other Public Participants at least twelve (12) months before the intended effective date of 887 the proposed changes, which shall coincide with an Agreement Year. 888 • Within ninety (90) days of receipt of City’s proposal, County (which may consult with the Service 889 Contractor) shall (and other Public Participants may) prepare and deliver to City a written 890 response to the proposed change as it relates to the TRRP (Response) including any additional 891 impacts and possible mitigation measures not considered by City but required of the City or the 892 County, to fully mitigate the impact on the County and the other Public Participants and to 893 generate sufficient revenue for the County to meet the requirements of its Bond Documents. 894 • Thereafter, the City and County (and as appropriate the other Public Participants and Service 895 Contractor) shall meet, for a period not to exceed six (6) months, to negotiate the terms related 896 to the implementation of City’s requested change (based upon analysis performed by the City, 897 the County, other Public Participants and the Service Contractor). Should the City and County 898 reach agreement, then the City shall implement the change according to their original schedule 899 but not sooner than thirty (30) days following agreement. 900 • Should the City and County (and as appropriate the other Public Participants and Service 901 Contractor) not reach agreement, within the six-month negotiating period or upon either party 902 declaring an impasse then within thirty (30) days of reaching impasse, the County (and as 903 appropriate, the Operating Committee) shall submit to the City, the terms related to the City’s 904 requested change to which the County is unable to agree. Once the City receives the list of terms 905 to which the County is unable to agree, the City may submit the points of disagreement to a third 906 party that is mutually agreed upon by the City and County. The third party shall evaluate the 907 points of disagreement and shall develop a set of proposals that would enable the adoption of 908 the City’s requested change while mitigating revenue losses or cost increases related to the 909 proposed change in order to enable the County to continue to meet the requirements of the 910 Bond Documents. The Party submitting the proposal to affect a change shall pay the direct costs 911 for the third party and the City and County will each be responsible for other costs associated 912 with analyzing the proposal.
913 • Following the receipt of the third party’s proposals, the City shall have thirty (30) days to elect 914 to proceed with its proposed change in a manner consistent with one of the third party’s 915 proposals or to elect to not implement the change. If the City elects to proceed with the change, 916 the consultant’s proposal shall be binding upon the City and the County. 45 917
918 2. Yard Trimmings
919 Source-Separated Yard Trimmings are not included in the City’s Minimum Annual Delivery Requirement. 920 Therefore, the City is entitled to direct its Source-Separated yard Trimmings wherever it chooses. 921 Notwithstanding the foregoing, the City acknowledges that if it redirects Source Separated Yard 922 Trimmings out of the Solid Waste System, there may be financial impacts that may affect revenues and 923 thus the County’s commitments under the Bond Documents. Notwithstanding any provisions of this 924 Subsection D to the contrary, the City shall not be required to mitigate these impacts for a period longer 925 than five (5) years from the date of implementing the change. 926
927 Should City wish to direct its Source-Separated Yard Trimmings (which are not included in the City’s 928 Minimum Annual Delivery Requirement) to a facility other than the Tajiguas Landfill, then City and County 929 shall abide by the following procedures:
930
931 • City shall send County a written proposal to direct its Source Separated Yard Trimmings to a facility 932 other than the Tajiguas Landfill. The proposal shall: describe the change, identify the timeline for 933 the change, identify the impact(s) of the change, and include the methods by which it proposes 934 to cause no negative financial impacts to the County or other users of the System for a period not 935 to exceed five (5) years. The proposal shall be sent to the County at least twelve (12) months 936 before the intended effective date of the proposed change, which shall coincide with an 937 Agreement Year.
938 • Within ninety (90) days of receipt of City’s proposal, County (which may consult with other Public 939 Participants) shall prepare and deliver to City a written response to the proposed change to the 940 Solid Waste System (Response) that includes a fiscal analysis and any additional impacts (meet 941 and confer with labor organizations regarding layoff’s, modification to service contracts, early 942 retirement and sale of equipment, etc.) and possible mitigation measures (e.g., contracting for 943 grinding services) not considered by City but required of the City or the County, to fully mitigate 944 the impact on the County (and other Public Participants) and allow the County to generate 945 sufficient revenue to meet the requirements of the Bond Documents. 946
947 • Thereafter, the City and County shall meet, for a period not to exceed sixty (60) days, to negotiate 948 the terms related to the implementation of City’s requested change (based upon the City’s 949 proposal and the County’s Response). Should the City and County reach agreement on proposed 950 mitigations to be implemented by the County, and, if necessary, a schedule of payments by the 951 City to the County to address fiscal impacts, that shall in no case exceed five (5) years, then the 952 City shall provide written notice to County of its intention to implement the proposed change 953 according to its original schedule but not sooner than the following Agreement Year or to 954 withdraw its proposed change.
955
956 • Should the City and County not reach agreement after sixty (60) days, City and County shall 957 identify and hire a third party that is mutually agreed upon by the City and County to consider 958 the City’s Proposal and the County’s Response and (1) develop a plan that identifies steps by which 959 the County could decrease costs related to the provision of yard trimming processing and 960 marketing services and a timeline for divestment of equipment, staffing and infrastructure, to 961 which the County shall abide, as well as determining the amount of remaining financial impacts 46 962 to the County that are not addressed by the plan, and (2) shall provide a schedule of payments 963 that City shall make to County as a condition of the proposed change for up to five (5) years from 964 the date of implementing the change. The Party submitting the proposal to affect a change shall 965 pay the direct costs for the third party.
966
967 • Within sixty (60) days following the completion of the third party’s plan, the City shall provide 968 written notice to County of its intention to implement the proposed change which shall coincide 969 with an Agreement Year or to withdraw its proposed change. 970 • If the third party’s recommendation requires a change in operations for the County and/or a 971 schedule of payments owed by the City, within three (3) months of receiving City’s notice, the 972 County will be required to begin to implement the operational change. 973 • The City will not redirect its yard Trimmings until twelve (12) months have elapsed from the date 974 of Facility Full Operations.
975 4.3 Compensation and Annual Settlement Process
976 A. Acceptable Materials Charge
977 Notwithstanding anything to the contrary contained in this Agreement, each year the County shall 978 establish, and each Public Participant shall contribute (or cause its Collection Contractor to contribute), a 979 per-ton charge (the Acceptable Materials Charge) based on budgeted projections which, in the aggregate, 980 are sufficient to generate Net Revenues and Net Current Revenues (after taking into account revenues 981 from the sale of Recyclable Materials, the proceeds of insurance and Current Revenues and other receipts) 982 in an amount at least equal to all amounts required to be paid or incurred by the County to provide the 983 services set forth in Section 3.1, to meet the requirements of the Bond Documents, and to replenish any 984 reserves established hereunder.
985 The County may make adjustments from time to time to such charges, fees and rates and may make such 986 classification thereof as it deems necessary, but shall not reduce the charges, fees and rates then in effect 987 unless the Net Revenues and Net Current Revenues from such reduced charges, fees and rates will at all 988 times be sufficient to meet the requirements set forth above. The parties acknowledge that the obligation 989 of the County to require each Public Participant to deliver waste to the System and to remit the Acceptable 990 Materials Charge calculated annually based on budgeted projections is absolute and unconditional as long 991 as the County performs its obligations under Section 3.1 to receive and process, treat or dispose of 992 Acceptable Materials, regardless of whether all or any portion of the Facility (i) is completed by the 993 scheduled completion date, (ii) operates in accordance with the specifications set forth in the Service 994 Agreement, (iii) generates the products that are identified in the Service Agreement, (iv) generates 995 products that in fact have an actual market or market value, or (v) achieves diversion levels consistent 996 with the projections contained in the proforma of the Service Agreement. 997 B. Annual Settlement Process
998 The Annual Settlement Process is used to reconcile the Monthly Service Payments paid over a full 999 Agreement Year with the actual results of operations for the following components:
1000 1. Actual tons delivered by the City to the Project 47 1001 2. County’s actual results of operations, as described in Exhibit E, for County Service Costs 1002 3. Amounts due to, or receivable from, Service Contractor based on actual TRRP Revenues during 1003 the previous Agreement Year.
1004 4. All other County obligations, including debt service and capital expenditures 1005 The calculated amount due from the City, or payable to the City, will be subject to the Flow of Funds as 1006 presented in Exhibit F.
1007 Within forty-five (45) Days of the conclusion of each Agreement Year, County shall provide City and 1008 Collection Contractor an “Annual Settlement Process Statement.” setting forth the determination of 1009 outstanding payments, amounts due, or financial obligations of the City directly or through its designated 1010 Collection Contractor, with respect to the given Agreement Year. The Annual Settlement Process 1011 Statement shall include a reconciliation of the amount owed, pursuant to Exhibit E, with the amounts 1012 actually paid by City or Collection Contractor with respect to the given Agreement Year including tonnage 1013 of material delivered by type, TRRP revenues from the Contractor and allocated to the City, and the 1014 statement of any necessary contributions to the Jurisdictional Rate Stabilization Fund. The Annual 1015 Settlement Process Statement shall also identify any excess reserves due and payable to the City. 1016 In the event that City desires to review or contest the contents of the Annual Settlement Process 1017 Statement, within thirty (30) days of receipt of the Statement, City may request to meet with County, and 1018 County shall arrange to meet with City within thirty (30) Days of City request. If there continues to be a 1019 difference between the County’s and City’s calculation of the amounts due, the Parties will meet and 1020 confer to resolve their differences for a period of not more than thirty (30) days. The obligation to have 1021 such a meeting does not confer on the City a right to revise or stop the settlement payment. If there is 1022 not a dispute, the amount due from either Party will be paid within forty five (45) days of receiving or 1023 sending the Statement. If there is a dispute and if the Certificates issued for the Facility financing are 1024 outstanding the Parties shall use the process described in Section 5.2 below; if the Certificates issued for 1025 the Facility financing are not outstanding then the Parties shall use the process described in Section 5.3 1026 below.
1027 C. Exceedance of Maximum Annual Delivery Allowance 1028 1. Should the Tonnage attributable to the City that can be delivered to the Facility exceed the 1029 City’s Maximum Annual Delivery Allowance but not cause the Facility to exceed its Maximum 1030 Facility Capacity, the County, City, and other Public Participantsshall meet to determine, under 1031 what terms the City may deliver the Excess Tonnage. 1032 2. Should the Tonnage attributable to the Public Participants that can be delivered to the Facility 1033 exceed the Maximum Facility Capacity, the County, Public Participants, and Service Contractor 1034 shall meet to determine if the Service Contactor can accommodate the Excess Tonnage, and if 1035 so at what adjustment to the Acceptable Materials Charge. County and City shall meet to 1036 determine what other adjustments might be made to the Acceptable Material Charge (e.g., a 1037 reduction to the annual debt service component of the Acceptable Material Charge). If the 1038 County and City agree, then the City may deliver the Excess Tonnage to the Facility. 1039 D. Adjustments
1040 Each January, the County will distribute a draft Annual Budget for the System. The Annual Budget will 48 1041 contain an estimate of the Current Revenues and System Costs payable from Current Revenues for the 1042 ensuing Agreement Year, (beginning on the upcoming July 1). The Annual Budget will disaggregate the 1043 cost and revenue components into four categories including 1) Contractor cost, 2) debt service cost 1044 including the debt coverage amount required as defined in the Bond Documents, 3) County Service Cost, 1045 and 4) Other County Costs (that will not be a component of the Acceptable Material Charge for the 1046 Facility). The Annual Budget will also contain an estimate of the amount of Acceptable Materials expected 1047 to be delivered to the System in such Agreement Year, and the resulting Acceptable Materials Charge 1048 required to be imposed in order for the County to meet the requirements of the Bond Documents. 1049
1050 Beginning in fiscal year 2021, beginning July 1, 2020, in the case of any financial shortfalls (either higher 1051 than projected costs or lower than projected revenues) related to the Facility, the replenishment of funds 1052 by the jurisdictions shall only be included as part of the annual budget process pursuant to the limitations 1053 discussed below.
1054 1. If the proposed change in the Acceptable Materials Charge is equal to or less than seven and 1055 one-half percent (7.5%), the City shall adjust collection rates a commensurate amount and 1056 direct its Collection Contractor to pay the corresponding Monthly Service Payment effective 1057 the following Agreement Year. In no case shall the Acceptable Materials Charge be adjusted 1058 by a negative value. If the calculated adjustment is a negative value, the adjustment shall be 1059 set to “one” (1). For example, if the Acceptable Material Charge is $116 per ton and the 1060 calculated adjustment was - 0.3 percent, then the $116 per ton would be multiplied by 1 and 1061 result in $116 per ton.
1062 2. If the change in the Acceptable Materials Charge is greater than seven and one-half percent 1063 (7.5%), or the cumulative adjustments total fifteen percent (15%) or more in the past three 1064 (3) consecutive years, and if two-thirds of the Public Participants representing at least two1065 thirds of the annual amount of Acceptable Materials delivered during the previous year object 1066 to the rates proposed by the County, the Operating Committee shall be convened (within 30 1067 days of receipt of Annual Budget) and shall be charged with establishing rates sufficient to 1068 generate (after taking into account revenues from the sale of Recyclable Materials, the 1069 proceeds of insurance and other receipts), Net Current Revenues during each Agreement Year 1070 equal to 100% of Debt Service for such Agreement Year, Net Revenues during each Agreement 1071 Year equal to fifty percent (50%) of the Debt Service for such Agreement Year plus, in each 1072 case, all other amounts required to be paid by the County to provide the services set forth in 1073 Section 3.1 and to meet the requirements of the Bond Documents. 1074 3. If two-thirds of the Operating Committee representing at least two-thirds of the annual 1075 amount of Acceptable Materials delivered during the previous year vote to adopt the rates 1076 proposed by the Operating Committee, such rates shall be utilized. If two-thirds of the 1077 Operating Committee representing at least two-thirds of the annual amount of Acceptable 1078 Materials delivered during the previous year do not approve such alternate rates, or should 1079 the alternate rates not be approved by two-thirds of the Operating Committee within forty five 1080 (45) Days of convening the Operating Committee, then the initial rates proposed by the County 1081 shall be approved. The resolution of the Acceptable Materials Charge must be complete by 1082 April 1 of the preceding Agreement Year before its effective date. 1083
1084
49 1085 ARTICLE 5: SUSPENSION AND TERMINATION
1086 5.1 Notice of Default
1087 Should either Party default in the performance of Articles 3 or 4 of this Agreement or materially breach 1088 any of its provisions, except as the result of an uncontrollable circumstance, the Party claiming such 1089 default shall provide the Party a notice of default to the Party claimed to have defaulted. In such Notice, 1090 the Party claiming such default, shall provide a description of the specific incidents giving rise to such 1091 default or breach and identify the requested cure. Upon receipt of notice, the Party claimed to be in 1092 default shall notify the Party claiming such default as to the status of its performance. Thereafter, the 1093 Parties shall meet and confer in an attempt to remedy such incidents. 1094 5.2 Resolution When Facility Financing Certificate(s) Outstanding 1095 While the Certificates for the Facility financing are outstanding, the only remedy for default shall be 1096 specific performance and there shall be no suspension or termination of the Agreement. If the Parties 1097 cannot agree on such remedies and the claimed default or breach occurs while any Certificates issued for 1098 the financing of the Facility are outstanding, the matter shall be submitted to binding arbitration using an 1099 independent arbitrator. If either Party wishes to select an arbitrator, each Party shall prepare a separate 1100 list of five (5) independent arbitrators having experience, as applicable in the Development of, or 1101 operation of similar solid waste-related facilities, in numerical order with the first preference at the top, 1102 and exchange and compare lists. The independent arbitrator ranking highest on the two (2) lists by having 1103 the lowest total rank order position on the two (2) lists shall be the Independent Arbitrator. In case of a 1104 tie in scores, the Independent Arbitrator having the smallest difference between the rankings of the two 1105 (2) Parties shall be selected; other ties shall be determined by a coin toss. If no independent arbitrator 1106 appears on both lists, this procedure shall be repeated. If selection is not completed after the exchange 1107 of three (3) lists or sixty (60) Days, whichever comes first, then each Party shall select one independent 1108 arbitrator having experience described above and the two (2) arbitrators so selected shall together select 1109 an Independent Arbitrator. The Independent Arbitrator shall make its determination based on the 1110 submissions of the Parties, the provisions hereof, and other factual determinations it may make regarding 1111 the matter in dispute, but in any case such determination must not adversely impact the County’s ability 1112 to comply with the terms of the Bond Documents. The determination of the Independent Arbitrator shall 1113 be binding. The Parties shall share the costs of the Independent Arbitrator equally for the first three 1114 dispute resolutions brought in any twelve (12) month period commencing on July 1, and thereafter shall 1115 be borne by the loser, as determined by the Independent Arbitrator. 1116 5.3 Resolution When Facility Financing Certificate (s) Not Outstanding 1117 If the Parties cannot agree on such remedies and the claimed default or breach does not occur during the 1118 period when any Certificates issued for the financing of the Facility are outstanding, the Parties may 1119 exercise any legal rights they have under the Agreement and under Applicable Law, including to secure 1120 specific performance.
50 1121 ARTICLE 6: RECORDS AND REPORTS
1122 6.1 Records
1123 A. Contents
1124 County will keep records of its administration and enforcement of the Service Agreement. An example is 1125 Tonnage of each type of Acceptable Material that the City delivers to the TRRP, as well as aggregate 1126 Tonnage of materials delivered on a Spot-Market Materials basis to the TRRP. 1127 B. Access
1128 Upon City request, County shall make operational and business records (including scale house data) 1129 available to City during Landfill hours, and shall provide on-line access or printed copies of records as 1130 described in 3.4.B.
1131 6.2 Reports
1132 County will report to City on administration and enforcement of the Service Agreement. An example is a 1133 report on results of the Annual Settlement Process. 51 1134 ARTICLE 7: ENFORCEMENT
1135 7.1 Enforcement
1136 A. Law and Equity
1137 If either County or City does not meet its obligations under this Agreement, the other Party may exercise 1138 any and all available remedies under law and equity, including specific performance. Specific performance 1139 is an appropriate remedy to enforce City’s obligation to deliver Acceptable Materials to the TRRP, for the 1140 same reasons described under Section 4.2.C above with respect to the Collection Contractor. 1141 B. Shortfall Charges
1142 If City does not meet its City’s Minimum Annual Delivery Requirement it will pay any consequent City’s 1143 Shortfall Charge within thirty (30) Days of County request, including payment by its Collection Contractor. 1144 County may do either or both of the following:
1145 1. Deduct the Shortfall Charge or any other money that City owes the County from any TRRP 1146 Revenue shares that the County owes City, or
1147 2. Exercise any other remedy under Section 7.1.A, above. 1148 7.2 Uncontrollable Circumstances
1149 A. General
1150 Either Party’s failure to meet its contract obligations, other than the payment of money such as the 1151 Shortfall Charge, will not be deemed an event of default if all of the following conditions are met:
1152 1. The event of default is caused by Uncontrollable Circumstances; 1153 2. The event of default is explicitly subject to Uncontrollable Circumstances under this Agreement; 1154 and,
1155 3. The party relying on the Uncontrollable Circumstance exerted Reasonable Business Efforts to 1156 prevent the occurrence and mitigate the effects of the Uncontrollable Circumstance. 1157 Despite a Party claiming that an Uncontrollable Circumstance prevents it from fulfilling its obligations, 1158 such Party shall remedy the problem and perform its obligations as soon as possible. 1159 B. Notice
1160 The Party experiencing an Uncontrollable Circumstance will give immediate Notice to the other Party, 1161 including all of the following:
1162 1. Describing performance under this Agreement for which it seeks to be excused; 1163 2. The expected duration of the Uncontrollable Circumstance; 1164 3. The extent to which Agreement Services may be curtailed; and, 1165 4. Any requests or suggestions to mitigate the adverse effects of the Uncontrollable Circumstance. 52 1166 7.3 Jurisdiction, Venue, Service of Process
1167 A. Exclusive State Court Jurisdiction
1168 County and City will bring any lawsuits arising out of this Agreement in State courts, which will have 1169 exclusive jurisdiction over the lawsuits.
1170 B. Venue
1171 Venue is made and will be performed in courts sitting in the County of Santa Barbara. 1172 C. Location
1173 County and City will conduct any other hearing or action (such as mediation or arbitration), of whatever 1174 nature or kind regarding this Agreement, in the City of Santa Barbara. 1175 D. Service of Process
1176 County and City will accept service of process at the address where they receive Notices. 1177 7.4 Governing Law
1178 This Agreement is governed by, and construed and enforced under, the laws of the State of California, 1179 without giving effect to the State's principles of conflicts of laws. 1180 7.5 Costs
1181 Subsequent to a judicial decision upholding the complaining Party’s complaint, the other Party will pay 1182 the complaining Party’s Reimbursement Costs reasonably incurred to enforce its rights or exercise its 1183 remedies for the other Party’s failure to meet its obligations under this Agreement. This obligation is a 1184 general, not limited or special, obligation of each Party. 53 1185 ARTICLE 8: ASSIGNMENT
1186 8.1 Assignment
1187 Neither Party shall Assign its rights nor delegate or otherwise transfer its obligations under this Agreement 1188 to any other Person without the prior written consent of the other Party to the Assignment. Any such 1189 Assignment made without the consent of the other Party shall be void and the attempted Assignment 1190 shall constitute a material breach of this Agreement. 54 1191 ARTICLE 9: MISCELLANEOUS PROVISIONS
1192 9.1 Entire Agreement
1193 This Agreement contains the entire agreement between the Parties with respect to their rights and 1194 obligations under this Agreement, including the enforcement and administration of this Agreement. This 1195 Agreement supersedes all prior understandings and agreements between the Parties with respect to their 1196 rights and obligations, including those contained in drafts, memorandums, correspondence, telephone 1197 calls, meetings and their respective County Board and City Council sessions. 1198 However, if words defined in this Agreement conflict with definitions in the Service Agreement, the 1199 definition under the Service Agreement governs.
1200 9.2 Amendments
1201 The Parties may make changes in this Agreement after the Effective Date, effective only upon signing a 1202 written amendment to this Agreement.
1203 9.3 Severability
1204 A. Court Rulings Generally
1205 If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or 1206 unenforceable in any respect, then such provision or provisions shall be deemed severable from the 1207 remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other 1208 provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable 1209 provision had never been contained herein.
1210 B. Court Rulings: Delivering Materials to TRRP
1211 However, in the ruling of invalidity, illegality, non-binding nature or unenforceability of any Agreement 1212 Provision, under Section 9.3.A, with respect to the City’s Minimum Annual Delivery Requirements, 1213 obligations of County, or obligations of City’s Collection Contractor to deliver materials to the TRRP; then 1214 the County Board of Supervisors may, in its sole discretion, do any of the following:
1215 1. Accept the ruling without deleting or enforcing that Agreement Provision; 1216 2. Delete that Agreement Provision and construe and enforce this Agreement under this Section; or, 1217 3. Terminate this Agreement if Service Contractor accedes. 1218 9.4 Interpretation
1219 City acknowledges the following:
1220 1. It commented on the form of this Agreement with advice of its attorneys. 1221 2. It entered into this Agreement upon its own choice and initiative, in order to meet its goals 1222 described in the Recitals above.
1223 3. It agrees that no one can construe any provision in this Agreement against County solely because 1224 County prepared this Agreement in its executed form. 1225 4. It understands that this Agreement is an essential aspect of the Certificate financing process, and 55 1226 agrees to cooperate in providing information required for the financing process, including 1227 information for the official statement and rating process. 1228 County represents and warrants as follows:
1229 a. It has reviewed and commented upon this Agreement with advice of its attorneys. 1230 b. It entered into this Agreement upon its own choice and initiative, in order to meet its goals 1231 described in the Recitals above.
1232 Therefore, this Agreement must be interpreted and construed reasonably and neither for nor against 1233 either Party, regardless of the degree to which had either Party participated in its drafting. 1234 9.5 Timely Performance
1235 A. Specified Days on Weekdays
1236 1. Performance
1237 If a Party must perform an obligation under this Agreement within a specified number of Days, and the 1238 last Day falls on a weekend or holiday, the obligated Party may perform that obligation on the next 1239 weekday following the weekend or holiday. For example, if City must provide documentation to County within thirty (30) Days of County request and the 30th 1240 Day falls on a Sunday, City must give County the 1241 documentation by the next Day, Monday.
1242 2. Counting
1243 Each calendar Day is counted when determining the last Day of the specified number of Days. For 1244 example, if County must provide documentation to City within one (1) week of City’s request on a Friday, 1245 City must give County the documentation by the next Friday. 1246 B. Specified Hours on Any Day
1247 If a Party must perform an obligation under this Agreement at a specified time, in any of the following 1248 events the obligated Party must perform that obligation within the specified time, even if the time for 1249 performance falls on a weekend or holiday:
1250 1. The specified time is measured in hours;
1251 2. The County specifies the time (for example, on a Saturday even though performance would 1252 otherwise occur on Monday); or,
1253 3. County determines that there is a threat to public health or safety. 1254 9.6 Notices, Etcetera
1255 A. Location
1256 Parties must give Notices at the addresses that they identify in Exhibit A. 1257 B. Notice
1258 Parties may give Notices such as Notice of default, only by any of the following ways:
56 1259 1. Email or facsimile followed as soon as possible (but no more than two (2) Days) by personal or 1260 mailed delivery;
1261 2. Personal delivery to County Agreement Representative or City Agreement Representative; 1262 3. Deposit in the United States mail first class postage prepaid (certified mail, return receipt 1263 requested); or,
1264 4. Commercial delivery service providing delivery verification. 1265 C. “Notice”
1266 Parties may give “notice” (not capitalized) by either Party of a routine administrative issue (such as results 1267 of the Annual Settlement Process or date of a County Board meeting) orally (for example, by telephone 1268 or computerized communication); and electronically (for example, by email). 1269 D. Change of Address
1270 Parties may change their address for Notice upon giving a Notice to that effect to the other Party. 1271 9.7 Writing
1272 Parties must make all of the following in writing unless oral communication is explicitly allowed:
1273 • requests, demands, orders, directions,
1274 • acceptances, consents, approvals, agreements,
1275 • waivers,
1276 • exercise of options or rights, selections,
1277 • proposals,
1278 • reports, and
1279 • acknowledgments, certifications, representations and warranties. 1280 Explicit reference to “written” or “writing” with respect to any one communication does not imply that 1281 other communications without explicit reference to writing may be oral. “Writing” includes any means of 1282 printed language, including hard copy and emails.
1283 9.8 Exercise of Options
1284 Parties exercise of any approval, disapproval, option, discretion, satisfaction, determination, election, 1285 consent or choice under this Agreement is deemed reasonable, unless this Agreement specifically 1286 provides otherwise, such as in a Party's “independent”, “sole”, “exclusive” or “absolute” “control”, 1287 “judgment”, or “discretion”.
1288 9.9 Parties’ Agreement Representatives
1289 A. County Agreement Representative
1290 1. Named
1291 On the Effective Date, the County Agreement Representative is the Deputy Director of the County Public 57 1292 Works Department (Resource Recovery and Waste Management Division). The Deputy Director’s address 1293 is listed in Exhibit B.
1294 2. Authority
1295 County authorizes the County Agreement Representative to act on behalf of County in the administration 1296 of this Agreement, unless it specifically names another individual. By signing this Agreement, County 1297 delegates to County Agreement Representative the authority to exercise County rights, remedies and 1298 options under this Agreement and administer this Agreement, except with respect to:
1299 a. Extending the term;
1300 b. Suspending or terminating this Agreement;
1301 c. Approving or disapproving Assignment or transfer of this Agreement; and, 1302 d. Exercising any delegation of authority contrary to law. 1303 B. City Agreement Representative
1304 1. Named
1305 City will name its City Agreement Representative by Notice to the County. 1306 2. Authority
1307 City authorizes City Agreement Representative to act on behalf of the City under this Agreement. County 1308 may assume that City has delegated its City Agreement Representative to exercise rights, remedies and 1309 options under this Agreement and administer this Agreement. 1310 9.10 Signing Multiple Copies
1311 The Parties may sign any number of copies of this Agreement. All signed copies are deemed to be one 1312 Agreement.
1313 9.11 Authority to Sign
1314 A. County
1315 The County warrants that it duly authorized the officers listed below to sign this Agreement on behalf of 1316 County.
1317 B. City
1318 The City warrants that it duly authorized the individuals listed below to sign this Agreement on behalf of 1319 City.
1320
58 1321 IN WITNESS WHEREOF, the Parties have executed this Contract to be effective on the date 1322 executed by COUNTY.
1323
1324 ATTEST: COUNTY OF SANTA BARBARA:
1325 Mona Miyasato
1326 County Executive Officer
1327 Clerk of the Board
1328
1329 By:______________________ By:_______________________ 1330 Deputy Clerk Chair, Board of Supervisors
1331
1332 Date:____________________
1333 RECOMMENDED FOR APPROVAL:
1334 Santa Barbara County Public Works
1335 Department
1336
1337 By:______________________
1338 Scott D. McGolpin
1339 Public Works Director
1340
1341 APPROVED AS TO FORM: APPROVED AS TO ACCOUNTING FORM:
1342 Rachel van Mullem Betsy M. Schaffer, CPA
1343 County Counsel Auditor-Controller
1344
1345 By:______________________ By:______________________ 1346 Deputy County Counsel Deputy
1347
1348 APPROVED AS TO FORM:
1349
1350 Risk Management
1351
1352 By:______________________
1353 Risk Management
59 1354 ATTEST: CITY OF BUELLTON
1355 CITY CLERK
1356 By: __________________________ By: __________________________ 1357 [INSERT NAME] Mayor
1358 [INSERT NAME]
1359 Date: ________________________
1360 APPROVED AS TO FORM:
1361 CITY ATTORNEY
1362 By: __________________________
1363 [INSERT NAME]
60 1364 ATTEST: CITY OF GOLETA
1365 CITY CLERK
1366 By: __________________________ By: __________________________ 1367 [INSERT NAME] Mayor
1368 [INSERT NAME]
1369 Date: ________________________
1370 APPROVED AS TO FORM:
1371 CITY ATTORNEY
1372 By: __________________________
1373 [INSERT NAME]
61 1374 ATTEST: CITY OF SANTA BARBARA
1375
1376 By: __________________________ By: __________________________ 1377 Sarah Gorman Paul Casey
1378 City Clerk Services Manager City Administrator
1379
1380
1381
1382 Date: ________________________
1383
1384
1385 APPROVED AS TO CONTENT:
1386
1387
1388 By: _________________________
1389 Robert Samario
1390 Finance Director
1391
1392 APPROVED AS TO FORM:
1393 Ariel Pierre Calonne
1394 City Attorney
1395
1396
1397 By: __________________________
1398
1399
62 1400
1401 ATTEST: CITY OF SOLVANG
1402 CITY CLERK
1403 By: __________________________ By: __________________________ 1404 [INSERT NAME] Mayor
1405 [INSERT NAME]
1406 Date: ________________________
1407 APPROVED AS TO FORM:
1408 CITY ATTORNEY
1409 By: __________________________
1410 [INSERT NAME]
63 1411 [to come]
1412 Parties may change their representative following Notice to the other Party. 1413 Acknowledgment: City has submitted, and County has received, the attached address for giving 1414 Notice under this Agreement on the later of the following dates:
1415 • the Effective Date, as evidenced by each of their signatures on this Agreement, or 1416 • with respect to subsequent changes, the following date, as evidenced by their following 1417 signatures :
1418 Date: _________________________________________
1419 County: _________________________________________
64 1420 A. County Agreement Representative
Name Leslie Wells
Deputy Director of Public Works
(Resource Recovery and Waste Management Division)
telephone number 805 882-3600
e-mail address [email protected]
mailing address County of Santa Barbara
Resource Recovery and Waste Management Division
130 East Victoria St., Suite 100
Santa Barbara, CA 93101
County office address Same as mailing address
1421 County may change its representative following Notice to City. 1422 Acknowledgment: County has submitted, and City has received, the attached identification of 1423 County Agreement Representative on the later of the following dates:
1424 • the Effective Date, as evidenced by each of their signatures on the Agreement, or 1425 • with respect to subsequent changes, the following date, as evidenced by their following 1426 signatures :
1427 Date: _________________________________________
1428 County: _________________________________________
1429 City: _________________________________________
65 1430 B. City Agreement Representative
Name
Telephone number
e-mail address
Mailing address
County office address
1431 The City may change any of this information following Notice to County. 1432 Acknowledgment: The City named above has submitted, and the County has received, the attached 1433 documentation on the later of the following dates:
1434 • the Effective Date, as evidenced each of their signatures on the Agreement, or 1435 • with respect to subsequent changes, the following date, as evidenced by their following 1436 signatures :
1437 Date: _________________________________________
1438 City: _________________________________________
1439 County: _________________________________________
66 1440 [to be attached to signed copy of this Agreement] 67 1441
Assumptions: Surplus funds $500,000
MSW eq MSW = 1
CSSR = 2
SSOWfw = 0.25
Actual Tonnage Received by TRRP City A City B City C City D County Total MSW 400 150 50 50 350 1,000
CSSR 32 33 6 4 25 100
SSOWfw 15 2 - - 3 20
Equavilant Tonnage Received City A City B City C City D County Total MSW 400 150 50 50 350 1,000
CSSR 64 66 12 8 50 200
SSOWfw 4 1 - - 1 5
Total 468 217 62 58 401 1,205
Dividend Calculation City A City B City C City D County Total Percent 38.82% 17.97% 5.15% 4.81% 33.26% 100.00%
Amount $194,087 $89,834 $25,726 $24,066 $166,286 $500,000 Sample Dividend Calculation of Jurisdictional Rate Stability Fund 68 1442
1443 The purpose of Exhibit E is to set forth a methodology to determine the actual revenues and expenses 1444 incurred by the County for Solid Waste Management Services (Section 3.1) in connection with the Annual 1445 Settlement Process.
1446
1447 Each fiscal year the County will prepare a budget for the Solid Waste Management Services to be provided 1448 to Public Participants by the County and will make it available for review by the City prior to approval by 1449 the County Board of Supervisors. The budget will also include the estimate of overhead to be allocated 1450 to County Service Costs for the fiscal year. The Board of Supervisors will consider the Department’s budget 1451 in June as part of their budget deliberations. Once approved, the County Service Cost will be included as 1452 part of the Acceptable Material Charge.
1453
1454 At the end of each fiscal year, the County will calculate the actual revenues and expenses incurred from 1455 the completed fiscal year including the allocation of Department, Divisional and Operational Overhead for 1456 County Service Costs. Closure, post-closure or regulatory fees will be excluded from the basis of 1457 calculation of overhead for County Service Costs. Prior debt obligations and capital improvements as 1458 shown on Exhibit F will not be part of this calculation as they are accounted for after calculating the Surplus 1459 Fund.
1460
1461 A review at the request of the City was performed by MSW Consultants to understand the process and 1462 procedures used by the County for determining the final revenues and expenses attributable to the City 1463 for the Solid Waste Management Services provided by the County. The calculation below is an example 1464 of the methodology used to determine the County Service Costs; however, the numbers provided in 1465 this Exhibit E have not been verified by the County. This process shall be as shown below. 1466
1467 The County’s Service Cost portion of the overall Solid Waste Management Services will be comprised of 1468 the expenses incurred in, and properly allocated to, the four (4) programs in the Solid Waste Enterprise 1469 Fund budget shown in Table 1.
1470
1471 Table 1 – County Budget Programs Attributable to County Service Cost 1472
1473 The County will only record expenses into these programs that are related to the County Service Costs. 1474 For example, the County will not record any expenses related to greenwaste handling into any of these 1475 programs, but segregate all greenwaste costs into a single program designated for greenwaste.

Program
Number Name
1101 South Coast Transfer Station
1200 Tajiguas Landfill
1301 Santa Ynez Valley Transfer Station
1850 TRRP Contract Management
69 1476 Additionally, the County will record any recycling expenses that were previously booked into Program 1477 1133 (Recycling Operations) into the program to which they are directly related (e.g., SCRTS, greenwaste, 1478 etc.).
1479
1480 The County will allocate its divisional administrative costs pursuant to the method shown further below. 1481
1482 Table 2 – Allocation of Divisional Administrative Costs 1483
1484
1485
1486
1487
1488
1489
1490

A B C D E F G
Costs Recorded
in County's
Financial System
Deduct Amounts
for Programs to
which Overhead
is not Allocated
Amounts Upon
Which
Administrative
Overhead is
Allocated (1)
Administrative
Overhead
Allocation
Percent (2)
Allocated
Administrative
Overhead (3)
Add Back
Amounts from
Programs to
which Overhead
is not Allocated
(4)
Program Costs
After
Administrative
Overhead
Allocation (5)
1050 Administration $2,658,337 ($2,658,337) $0 0.00% $0 $0 1055 Ballard 0 0 0.00% 0 0
1101 SCRTS 2,445,799 2,445,799 15.77% 419,220 2,865,019 1122 Shop 817,655 817,655 5.27% 140,094 957,749
1133 Recycle 0 0 0.00% 0 0
TBD Greenwaste 960,634 960,634 6.19% 164,551 1,125,185
1200 Tajiguas 2,852,227 2,852,227 18.39% 488,868 3,341,095 1301 SYVRTS 684,217 684,217 4.41% 117,233 801,450
1401 New Cuyama 175,282 175,282 1.13% 30,039 205,321
1650 Operations OH 1,240,709 1,240,709 8.00% 212,667 1,453,376 1700 Closed Landfills 470,885 (470,885) 0 0.00% 0 470,885 470,885 1750 Engineering 0 0 0.00% 0 0
1850 TRRP Contract Mgm 3,117,756 3,117,756 20.10% 534,326 3,652,082 (6) CPC and Reg. Fees 1,113,183 (1,113,183) 0 0.00% 0 1,113,183 1,113,183 1950 CMM $3,217,470 $3,217,470 20.74% $551,339 $3,768,809 ____________ ____________ ____________ ____________ ____________ ____________ ____________ Total $19,754,154 ($4,242,405) $15,511,749 100.00% $2,658,337 $1,584,068 $19,754,154 (1) Column A plus column B.
(2) Percentages based on amounts in column C.
(3) Administrative overhead from Program 1100 allocated based on percentages in Column D. (4) Add back amounts from Column B.
(5) Sum of Columns C, E and F.
(6) Included in Program 1200; segregated for purposes of allocating Administration costs.

Program
Column:
70 1491 The County shall allocate its divisional shop and operational overhead pursuant to the method shown 1492 below in Table 3.
1493
1494 Table 3 – Allocation of Divisional Shop and Operational Overhead 1495
1496
1497
1498
1499
1500
1501
1502
1503
1504
1505
1506

A B C D E F G
Program Costs
After
Administrative
Overhead
Allocation (1)
Deduct Amounts
from Programs
to Which Shop
or Operational
Overhead is not
Allocated (2)
Amounts Upon
Which
Administrative
Overhead is
Allocated (3)
Shop and
Operational
Overhead
Allocation
Percent (4)
Allocated Shop
and Operational
Overhead
Amounts (5)
Add Back
Amounts on
Which Shop and
Operational
Overhead is not
Calculated (6)
Program Costs
After Shop and
Operational
Overhead
Allocation (7)
1050 Administration $0 0.00% 0 0
1055 Ballard 0 0.00% 0 0
1101 SCRTS 2,865,019 2,865,019 34.36% 828,479 3,693,498 1122 Shop 957,749 (957,749) 0 0.00% 0 0
1133 Recycle 0 0 0.00% 0 0
TBD Greenwaste 1,125,185 1,125,185 13.49% 325,370 1,450,555 1200 Tajiguas 3,341,095 3,341,095 40.07% 966,147 4,307,242 1301 SYVRTS 801,450 801,450 9.61% 231,756 1,033,206
1401 New Cuyama 205,321 205,321 2.46% 59,373 264,694
1650 Operations OH 1,453,376 (1,453,376) 0 0.00% 0 0
1700 Closed Landfills 470,885 (470,885) 0 0.00% 0 470,885 470,885 1750 Engineering 0 0 0 0.00% 0 0 0
1850 TRRP Contract Mgmt 3,652,082 (3,652,082) 0 0.00% 0 3,652,082 3,652,082 (8) CPC and Reg. Fees 1,113,183 (1,113,183) 0 0.00% 0 1,113,183 1,113,183 1950 CMM $3,768,809 ($3,768,809) $0 0.00% 0 3,768,809 3,768,809 ____________ ____________ ____________ ____________ ____________ ____________ ____________ Total $19,754,154 ($11,416,084) $8,338,070 100.00% $2,411,125 $9,004,959 $19,754,154 (1) From Column G of Table 2.
(2) Exclude costs that do not drive Shop or Operational Overhead Costs. (3) Column A less Column B. Basis for allocation percentages in Column D. (4) Percent of total in Column C.
(5) Sum of Program 1122 (Shop) and Program 1650 (Operational Overhead) allocated based on percentages in Column D. (6) Add back amounts in Column B other than Shop and Operational Overhead. (7) Sum of amounts in Columns C, E and F.
(8) Included in Program 1200; segregated for purposes of allocating Shop and Operational Overhead costs.

Program
Column:
71 1507 After the previously described allocations have been made, the County’s Service Cost will be the sum of 1508 the programs shown below in Column C in Table 4.
1509
1510 Table 4 – Determination of County Service Cost
1511 .
1512
1513
1514
A B C
Program Costs
After Shop and
Operational
Overhead
Allocation (1)
Non-TRRP
Related Costs (2)
County Service
Cost (3)
1050 Administration 0
1055 Ballard 0
1101 SCRTS 3,693,498 3,693,498
1122 Shop 0
1133 Recycle 0
TBD Greenwaste 1,450,555 1,450,555
1200 Tajiguas 4,307,242 4,307,242
1301 SYVRTS 1,033,206 1,033,206
1401 New Cuyama 264,694 264,694
1650 Operations OH 0
1700 Closed Landfills 470,885 470,885
1750 Engineering 0 0
1850 TRRP Contract Mgmt. 3,652,082 3,652,082
(4) CPC and Reg. Fees 1,113,183 1,113,183
1950 CMM 3,768,809 3,768,809
____________
Total $19,754,154 $5,954,943 $13,799,210
(1) From Column G of Table 3.
(2) Programs not related to the Project.
(3) Programs related to the Project.
(4) Included in Program 1200.

Column:

Program
72 1515 An example of the Revenue from Other Users is shown below in in 5. 1516 Table 5 – Revenue From Other Users
1517
Column: A B C D E
Facility: SCRTS SYVTS Tajiguas
Resource
Recovery
Facility
Total
Annual Tons - Other Users
MarBorg Residuals 53,291 53,291
Self-haul 12,000 6,000 18,000
H2Handle 4,698 5,897 10,595
Divertable C&D 1,263 328 1,591
Metal 145 52 197
Direct to Tajiguas - Unsortable 3,126 3,126
C&D Dirt Tailings for ADC 15,000 15,000
________ ________ ________ ________ ________
Total - Other Tons 18,106 12,277 71,417 0 101,800
Tip Fees - Other Users
MarBorg Residuals $95.00
Self-haul $93.00 $93.00 $93.00 $93.00
H2Handle $118.00 $118.00 $118.00 $118.00
Divertable C&D $118.00 $118.00 $118.00 $118.00
Metal $10.00 $10.00 $10.00 $10.00
Direct to Tajiguas - Unsortable $118.00 $118.00 $118.00 $118.00 C&D Dirt Tailings for ADC $17.00 $17.00 $17.00 $17.00
Annual Revenue - Other Users
MarBorg Residuals 0 0 5,062,645 0 5,062,645
Self-haul 1,116,000 558,000 0 0 1,674,000
H2Handle 554,364 695,846 0 0 1,250,210
Divertable C&D 149,034 38,704 0 0 187,738
Metal 1,450 520 0 0 1,970
Direct to Tajiguas - Unsortable 0 0 368,868 0 368,868
C&D Dirt Tailings for ADC 0 0 255,000 0 255,000
________ ________ ________ ________ ________
Total - Revenue from Other Users $1,820,848 $1,293,070 $5,686,513 $0 $8,800,431 73 1518 An example summary of the amount due to the County for Solid Waste Management Services is shown 1519 below in in Table 6.
1520 Table 6 - Summary of Amount Due to the County for Solid Waste Management Services 1521
1522
County Service Cost (from Table 4) $13,799,210 $80.36
Debt Service related to 2017 COPs $5,113,732
Payments to Service Contractor $2,888,786
Debt Service for Subordinate Obligations $942,215
Capital Purchases $1,637,000
___________
Total Project Expenditures $24,380,943
Revenue from Other Users (from Table 5) ($8,800,431) ($51.25) Revenue from CREB subsidies ($1,517,334)
___________
Less: Project Revenues (Other Than from Project
Participants) ($10,317,765)
Amount Due to the County $14,063,178
Revenue to Achieve Debt Service Coverage $6,199,428
Total Revenue from Public Participants $20,262,606
Total Tons from Public Participants 171,717
Total Disposal and Solid Waste System Costs $29.11
Description Annual
Amount
Disposal and
Solid Waste
System Costs
per Ton
74 1523
1524 Table 2-1 (From Material Services Agreement):
1525 Projected Resource Recovery Project Tonnage
Participating Agency Mixed Waste
(Tons)
Source
Separated
Recyclable
Materials (Tons)
Source
Separated
Organic
Materials (Tons)
Projected Annual
Delivery

TOTAL TONS
Franchised Waste
County of Santa Barbara 40,474 9,536 400 50,410
Santa Barbara 59,224 16,073 0 75,297
Goleta 22,074 5,618 600 28,292
Solvang 3,632 0 0 3,632
Buellton 4,064 1,319 0 5,383
Subtotal 126,361 32,546 4,107 163,014
Other Waste
Other Agency* 6,000 900 803 7,703
County Facility Self-Haul 20,000 0 0 20,000
Subtotal 26,000 900 803 27,703
Total 152,361 33,446 4,910 190,717
1526 *UCSB, Chumash Reservation, State Parks
1527
1528
75 1 The Tajiguas ReSource Center (aka
2 Tajiguas Resource Recovery Project)
3 Amended Materials Delivery Commitment &
4 Processing Services
5 Agreement
6 BETWEEN
7 County of Santa Barbara
8 AND
9 City of Solvang
10 Agreement Date:
11 November 17October 3, 20162022 – Final
Attachment B
76 This page intentionally left blank
77 County of Santa Barbara Table of Contents
Materials Delivery Commitment & Processing Services Agreement November 17, 2016 i HF&H Consultants, LLC
1 TABLE OF CONTENTS
2 RECITALS ...................................................................................................................... 1 3 ARTICLE 1: DEFINITIONS............................................................................................ 2 4 ARTICLE 2: TERM OF AGREEMENT.......................................................................... 15 5 2.1 Effective Date ............................................................................................... 15 6 2.2 Agreement Term........................................................................................... 15 7 2.3 Survival of Certain Provisions ....................................................................... 15 8 ARTICLE 3: COUNTY’S OBLIGATIONS ..................................................................... 16 9 3.1 Solid Waste Management Services .............................................................. 16 10 3.2 Facility Revenues.......................................................................................... 16 11 3.3 Exercise of Contractual Rights...................................................................... 18 12 3.4 Annual Facility Review Meeting .................................................................... 19 13 3.5 Services During Uncontrollable Events......................................................... 19 14 ARTICLE 4: CITY’S OBLIGATIONS ............................................................................ 21 15 4.1 Acceptable Materials Delivery Requirement and Monthly Payments............ 21 16 4.2 City’s Annual Deliveries ................................................................................ 21 17 4.3 Compensation and Annual Settlement Process............................................ 27 18 ARTICLE 5: SUSPENSION AND TERMINATION........................................................ 31 19 5.1 Notice of Default ........................................................................................... 31 20 5.2 Resolution When Facility Financing Certificate(s) Outstanding .................... 31 21 5.3 Resolution When Facility Financing Certificate (s) Not Outstanding............. 31 22 ARTICLE 6: RECORDS AND REPORTS..................................................................... 32 23 6.1 Records ........................................................................................................ 32 24 6.2 Reports ......................................................................................................... 32 25 ARTICLE 7: ENFORCEMENT...................................................................................... 33 26 7.1 Enforcement ................................................................................................. 33 27 7.2 Uncontrollable Circumstances ...................................................................... 33 28 7.3 Jurisdiction, Venue, Service of Process........................................................ 34 29 7.4 Governing Law.............................................................................................. 34 30 7.5 Costs............................................................................................................. 34 31 ARTICLE 8: ASSIGNMENT.......................................................................................... 35 32 8.1 Assignment ................................................................................................... 35 33 ARTICLE 9: MISCELLANEOUS PROVISIONS ........................................................... 36 34 9.1 Entire Agreement.......................................................................................... 36 35 9.2 Amendments................................................................................................. 36 36 9.3 Severability ................................................................................................... 36 37 9.4 Interpretation................................................................................................. 36 38 9.5 Timely Performance...................................................................................... 37 78 County of Santa Barbara Table of Contents
Materials Delivery Commitment & Processing Services Agreement November 17, 2016 ii HF&H Consultants, LLC
39 9.6 Notices, Etcetera........................................................................................... 37 40 9.7 Writing........................................................................................................... 38 41 9.8 Exercise of Options....................................................................................... 38 42 9.9 Parties’ Agreement Representatives............................................................. 38 43 9.10 Signing Multiple Copies ................................................................................ 39 44 9.11 Authority to Sign............................................................................................ 39 45 EXHIBITS
46 A. Addresses for Notices
47 B. Communications
48 C. Collection Franchise or Other Proof of Delivery Obligation 49 D. Jurisdictional Rate Stabilization Fund Dividend Sample Calculation 50 E. Example calculation of County Service Costs
51 F. Flow of Funds Diagram
52 53 ATTACHMENTS
54 1. Projected and Minimum Annual Delivery Requirement 79 County of Santa Barbara RECITALS
Material Delivery Commitment and Processing Services Agreement November 17, 2016 1 HF&H Consultants, LLC
55 RECITALS
56 This Material Processing Services and Delivery Commitment Agreement is made and dated as of the 57 date on the cover page between the County of Santa Barbara, a political subdivision of the State of 58 California (the “County”), and the City of Solvang, a charter city and political subdivision of the State of 59 California (the “City”).
60 (A) WHEREAS, the Parties are responsible for the health and safety of the citizens within their 61 geographic boundaries; and,
62 (B) WHEREAS, the Parties regulate Municipal Solid Waste, Recyclable Materials, and Organic 63 Materials collection in areas under their jurisdiction and award franchises for collection to 64 private organization(s), herein called “Collection Contractor(s)”; and, 65 (C) WHEREAS, the Parties find it in their mutual economic interest to address solid waste and 66 recycling issues on a regional level; and,
67 (D) WHEREAS, the California Integrated Waste Management Act (CIWMA) (California Public 68 Resources Code, §40000 et seq.) required that the Parties reduce by fifty percent (50%) the 69 amount of Solid Waste they landfill by the end of the Year 2000 and continue to maintain that 70 reduction going forward; and,
71 (E) WHEREAS, subsequent legislation including Assembly Bills (AB) 32, 341 and 1826 require 72 reduced air emissions and increased diversion of commercial and multi-family Recyclable 73 Materials and Organic Materials to achieve a 75% diversion goal by 2020; and, 74 (F) WHEREAS, each Party has the authority to regulate its solid waste, Recyclable Materials, and 75 Organic Materials stream, including the collection, transfer, transportation, and Processing 76 thereof, and has the authority to establish rates for the conduct of such functions; and, 77 (G) WHEREAS, solid waste from each Party is disposed at the Tajiguas Sanitary Landfill located off 78 State Highway 101, approximately twenty six (26) miles West of Santa Barbara; and, 79 (H) WHEREAS, the Parties developed the Tajiguas Resource Recovery Project (“TRRP”) in order to 80 achieve their goals of: extending the operating life of Tajiguas Landfill; and complying with State 81 law and local policy that mandate diverting materials from Disposal, and reducing greenhouse 82 gas emissions; and,
83 (I) WHEREAS, the Parties have found that these goals are in the public interest, and, 84 (J) WHEREAS, County has determined that the execution of this Agreement will serve the public 85 health, safety and welfare by providing a more stable, predictable and reliable supply of 86 Municipal Solid Waste and the resulting service payment revenue, thereby enabling County to 87 plan, manage, operate and finance the Tajiguas Resource Recovery Project and extend the life of 88 the Tajiguas Landfill; and,
89 (k) WHEREAS, this is a necessary financing agreement needed to secure the Certificates used to 90 finance the TRRP;
80 County of Santa Barbara ARTICLE 1: DEFINITIONS
Material Delivery Commitment and Processing Services Agreement November 17, 2016 2 HF&H Consultants, LLC
91 IT IS THEREFORE AGREED AS FOLLOWS:
92 ARTICLE 1: DEFINITIONS
93 “Acceptable Materials”, means all of the materials delivered to the Facilities by the Collection 94 Contractor(s), Public Participants, (or on behalf of Public Participants), and Other Users as permitted 95 under Applicable Law and the Facilities’ Permits, including Mixed Waste, Source-Separated Organic 96 Materials and Source-Separated Recyclable Materials. Acceptable Materials may include some 97 Unacceptable Materials that must be removed by the Service Contractor before Processing or Disposal. 98 “Acceptable Materials Charge; AMC”, means the charge established pursuant to Section 4.3.A of this 99 Agreement.
100 “Agreement”, means this Agreement, including all exhibits and attachments, as it may be amended. 101 “Agreement Services”, means all of County’s performance obligations under this Agreement to City 102 under Article 3; and all of City’s performance obligations to County under Article 4. 103 “Agreement Term”, means the period of time between the Effective Date and the termination date, as 104 set forth in Sections 2.1 and 2.2, during which this Agreement shall be effective. 105 “Agreement Year”, means the fiscal year, July 1 through June 30. 106 “Anaerobic Digestion Facility”; “AD Facility”, means the facility as described in Service Contractor’s 107 Proposal and in subsequent documentation, which shall be operated by Service Contractor for Organic 108 Materials Processing to produce digestate, biogas for electricity generation and Compost. 109 “Annual Budget”; means a budget that will contain an estimate of the Current Revenues and System 110 Costs payable from Current Revenues for the ensuing Agreement Year (beginning on the upcoming July 111 1). The Annual Budget will also contain an estimate of the amount of Acceptable Materials expected to 112 be delivered to the System in such Agreement Year and the resulting Acceptable Materials Charge 113 required to be imposed in order for the County to meet the Rate Covenant. 114 “Applicable Law”, means any law, rule, code, standard, regulation, requirement, consent decree, 115 consent order, consent agreement, Permit, guideline, action, determination or order of, or legal 116 entitlement issued or deemed to be issued by, any governmental body having jurisdiction, applicable 117 from time to time to any activities associated with the siting, design, construction, equipping, financing, 118 ownership, start-up testing, acceptance, operation, maintenance, repair and replacement of any part of 119 the Project, the transfer, handling, transportation, Marketing, Disposal or Processing of products and 120 residuals, and any other obligations of the Parties under this Agreement. Governmental bodies include 121 local, County, State and federal agencies and all successors thereto. 122 “Assignment”, means but is not limited to:
123 (A) A transfer to a third party of at least twenty-five percent (25%) of either Party’s assets dedicated 124 to service under this Agreement; and,
125 (B) A sale, exchange or other transfer to a third party, which may result in a change of control of 126 City or County; and,
81 County of Santa Barbara ARTICLE 1: DEFINITIONS
Material Delivery Commitment and Processing Services Agreement November 17, 2016 3 HF&H Consultants, LLC
127 (C) Any dissolution, reorganization, consolidation, merger, recapitalization, stock issuance or 128 re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other 129 transaction in which either Party are a party and which results in a change of control of either 130 Party; and,
131 (D) Any assignment by operation of law, including insolvency or bankruptcy, assignment for the 132 benefit of creditors, writ of attachment for an execution being levied against this Agreement, 133 appointment of a receiver taking possession of either Party’s property; and, 134 (E) Any combination of the foregoing (whether or not in related or contemporaneous transactions), 135 which has the effect of any such transfer or change of control of either Party. 136 “Bond Documents”, means the Trust Agreement, 2017 Installment Purchase Agreement, Assignment 137 Agreement, and all other legal documents necessary to effectuate the issuance of Certificates. 138 “Bond Holders Rate Stabilization Fund”, means the account established pursuant to the Bond 139 Documents. On the date of issuance of the Certificates, the County shall make a cash contribution in the 140 amount of five million dollars ($5,000,000), and deposit such sum in the Bond Holders Rate Stabilization 141 Fund. If funds are used due to financial shortfalls (either higher than projected costs or lower than 142 projected revenues) related to the Facility, the Fund will be replenished with Current Revenues from all 143 of the participating jurisdictions based on the tons of material delivered to the Facility. If funds are used 144 due to costs not related to the TRRP but rather related to non-TRRP costs, the Fund will be replenished 145 with Current Revenues from the County
146 “Business Day”, means any day that County Administrative Offices are open to the public to conduct 147 business. In relation to the Certificates and the County’s obligations under the Bond Documents, this 148 definition is extended to mean any day on which the Trustee is open for corporate trust business at its 149 Corporate Trust Office and on which the Federal Reserve System is open for business. 150 “Bypassed Waste”, means any material that is weighed in at the County scale house for acceptance to 151 the Project Site which could not be Processed at the Facilities prior to Disposal. Examples of Bypassed 152 Waste could be Unacceptable Waste, waste not Processable due to size, high negative value for 153 Processing, or unmarketable material. Bypassed Waste includes materials diverted from the Project 154 before or after unloading but not Processed at the Project Site. 155 “Cap Value”, means the threshold value of $3,500,000 in the Jurisdictional Rate Stabilization Fund. 156 “Certificates”, means all Solid Waste System Revenue Certificates of Participation (including Additional 157 Certificates) payable from the Net Revenues of the County’s Solid Waste Enterprise System. The County 158 shall issue Solid Waste System Revenue Certificates of Participation, Series 2017 to fund the TRRP. 159 “Certificates Issuance Date” means the date on which the Solid Waste System Revenue Certificates of 160 Participation, Series 2017 are executed and delivered. 161 “Change in Law”, means any of the following acts, events, or circumstances, with which the Parties must 162 comply notwithstanding the cost of such compliance, to the extent that compliance therewith materially 163 increases or decreases the cost of performing a Party's obligations under this Agreement when such 164 changes exceed fifty thousand dollars ($50,000) in the aggregate in any one Agreement Year subject to 165 adjustment using the applicable Adjustment Factor.
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166 (A) The adoption, amendment, promulgation, issuance, modification, repeal or written change in 167 administrative or judicial interpretation of any Applicable Law on or after the Effective Date 168 (including a new or amended prevailing wage, minimum wage, living wage or similar laws or 169 regulations), unless such Applicable Law was on or prior to the Effective Date duly adopted, 170 promulgated, issued or otherwise officially modified or changed in interpretation, in each case 171 in final form to become effective without any further action by any governmental body; 172 (B) The order or judgment of any governmental body issued on or after the Effective Date (unless 173 such order or judgment is issued to enforce compliance with Applicable Law which was effective 174 as of the Effective Date) to the extent such order or judgment is not the result of willful or 175 negligent action, error or omission or lack of reasonable diligence of the Collection Contractor or 176 Service Contractor, the County or the City, whichever is asserting the occurrence of a Change in 177 Law; provided, however, that the contesting in good faith or failure in good faith to contest any 178 such order or judgment shall not constitute or be construed as such a willful or negligent action, 179 error or omission or lack of reasonable diligence; or 180 (C) Except with respect to any governmental approval required for the Project as provided in item 181 (2) below pertaining to exclusions from "Change in Law", the denial of an application for, a delay 182 in the review, issuance or renewal of, or the suspension, termination, or interruption of any 183 governmental approval, or the imposition of a term, condition or requirement which is more 184 stringent or burdensome than the Agreement standards in connection with the issuance, 185 renewal or failure of issuance or renewal of any governmental approval, to the extent that such 186 occurrence is not the result of willful or negligent action, error or omission or a lack of 187 reasonable diligence of the Collection or Service Contractor, the County or the City, whichever is 188 asserting the occurrence of a Change in Law; provided, however, that the contesting in good 189 faith or the failure in good faith to contest any such occurrence shall not be construed as such a 190 willful or negligent action or lack of reasonable diligence. 191 It is specifically understood, however, that none of the following shall constitute a "Change in Law":
192 (1) A change in the nature or severity of the actions typically taken by a governmental body to 193 enforce compliance with Applicable Law which was effective as of the Effective Date; 194 (2) All matters relating to the Service Contractor's assuming the Permitting risk for the Project in 195 connection with obtaining and maintaining federal, State or local governmental approvals of the 196 design, construction and operation of the Project; and 197 (3) Any event that affects generally applicable working conditions or standards that is not specific to 198 the solid waste management industry.
199 “City”, means the City of Solvang, California, a political subdivision of the State of California. 200 “City Agreement Representative”, means the individual named by City under Exhibit B: Communications. 201 “City’s Maximum Annual Delivery Allowance,” means the maximum total annual Tonnages of Acceptable 202 Materials, described in Section 4.2.A, that the City may deliver or the City’s Collection Contractor may be 203 directed to deliver on behalf of the City for each Agreement Year. 204 “City’s Minimum Annual Delivery Requirement”, means the minimum total annual Tonnage of 83 County of Santa Barbara ARTICLE 1: DEFINITIONS
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205 Acceptable Materials, described in Section 4.2.A, that the City will deliver or the City’s Collection 206 Contractor is directed to deliver on behalf of the City for each Agreement Year. 207 “City’s Revenue Share”, means the amount of TRRP Revenue that City receives from County under this 208 Agreement.
209 “Collection Contractor”, means anyone that collects Acceptable Materials for City by any or all of the 210 following: 1) contract (including franchise contracts); 2) license; 3) permit; and, 4) any other obligation. 211 “Compost” means soil amendment material that is the result of the controlled aerobic decomposition 212 process of Organic Materials (e.g., composting).
213 “Construction and Demolition Debris” means used or discarded construction materials removed from a 214 premises during the construction or renovation of a structure resulting from construction, remodeling, 215 repair, or demolition operations on any pavement, house, commercial building, or other structure 216 including, but not limited to, concrete, brick, wood, dirt, rock, cardboard, packaging materials, etc. 217 “County”, means the County of Santa Barbara, California, a political subdivision of the State of California. 218 “County Agreement Representative”, means the individual named by County under Exhibit B. 219 “Current Revenues”, means all gross income and revenue received or receivable by the County from the 220 ownership, operation or use of the Solid Waste System, determined in accordance with Generally 221 Accepted Accounting Principles, including all rates, fees, charges and revenue (including tipping fees, 222 recovered materials revenue, power revenues and salvage income) received by the County for the use 223 of Solid Waste System and all other income and revenue howsoever derived by the County from the 224 ownership, operation or use of the Solid Waste System, but excluding in all cases any proceeds of taxes 225 and any refundable deposits made to establish credit and advances or contributions in aid of 226 construction. Current revenues also include direct federal subsidy payments received by the County 227 relating to the Certificates issued as New Clean Renewable Energy Bonds. 228 “County Service Cost”, means a component of the overall facility Acceptable Material Charge that is 229 comprised of the following four (4) programs: Program 1200 (Tajiguas Landfill), Program 1101 (South 230 Coast Recycling and Transfer Station), Program 1301 (Santa Ynez Recycling and Transfer Station) and 231 Program 1850 (TRRP Contract Management, Environmental Monitoring and Regulatory Compliance). In 232 addition, County Service Cost will include overhead costs allocated to these programs, except that no 233 overhead costs will be allocated to closure, post-closure or regulatory fees. 234 “Day”, means calendar day of twenty-four (24) hours measured from midnight to the next midnight. 235 “Delivery Covenant”, means the obligation of the Public Participants to deliver Acceptable Materials to 236 the TRRP, pursuant to and as described in Section 4.1. 237 “Direct Costs”, means the sum of the following: 1) payroll costs (including compensation, vacation, sick 238 leave, holidays, retirement, workers compensation insurance, federal and State unemployment taxes 239 and medical and health insurance benefits), plus; 2) the costs of materials, services, direct rental costs 240 and supplies, plus; 3) travel and subsistence costs, plus; 4) the reasonable costs of consultants, 241 (sub)contractors, and counsel (necessary in connection with enforcement of the other Party’s 242 performance under this Agreement), plus; 5) any other cost or expense which is directly or normally 84 County of Santa Barbara ARTICLE 1: DEFINITIONS
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243 associated with that enforcement or exercise, which direct costs are substantiated to the satisfaction of 244 the other Party.
245 “Dispose”; “Disposal” means the final disposition of Residue and Bypassed Waste from the Project Site 246 as restricted by Permit conditions for Unacceptable Waste. 247 “Effective Date” means the date of this Agreement’s execution by the last of the Parties. 248 “Excess Tonnage”, means Tonnage of Acceptable Material delivered (or caused to be delivered) by the 249 City to the Facilities in excess of the City’s Maximum Annual Delivery Allowance, and/or in excess of the 250 Maximum Facility Capacity.
251 “Facility” or “Facilities”, means the building, equipment and all activities related to the MRF and/or the 252 AD Facility.
253 “Food Scraps”, means all Organic Materials generated during or resulting from the storage, sale, 254 preparation, cooking, or handling of food stuffs, including: (i) all kitchen and table food waste; (ii) animal 255 or vegetable waste; (iii) discarded paper and cardboard that is contaminated with food; and, (iv) fruit 256 waste, grain waste, dairy waste, meat and fish waste. Food Scraps are a subset of Organic Materials and 257 contain less than 2% contamination by weight.
258 “Hazardous Waste”, means any waste which is defined or regulated as a hazardous waste, toxic waste, 259 hazardous chemical substance or mixture, or asbestos under Applicable Law, including:
260 (1) “Hazardous Waste” pursuant to Section 40141 of the California Public Resources Code; all 261 substances defined as acutely hazardous waste, extremely hazardous waste or hazardous waste 262 by Sections 25110.02, 25115, and 25117 of the California Health and Safety Code (the California 263 Hazardous Waste Control Act), and future amendments to or recodification of such statutes or 264 regulations promulgated thereunder;
265 (2) “Hazardous Substances” as defined under Chapter 6.8 of the California Health and Safety Code, 266 Division 20, Sections 25316 and 25317;
267 (3) Materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as 268 amended, and related Federal, State of California, and local laws and regulations, including the 269 California Toxic Substances Account Act, California Health and Safety Code Section 25300 et 270 seq.;
271 (4) Materials regulated under the Comprehensive Environmental Response, Compensation and 272 Liability Act, 42 U.S.C. 9601, et seq., as amended, and regulations promulgated thereunder; 273 (5) Materials regulated under The Resource Conservation and Recovery Act and the regulations 274 contained in 40 CFR Parts 260-281; and,
275 (6) Materials regulated under any future additional or substitute Federal, State or local laws and 276 regulations pertaining to the identification, transportation, treatment, storage or Disposal of 277 toxic substances or hazardous waste.
278 If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous 85 County of Santa Barbara ARTICLE 1: DEFINITIONS
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279 waste adopt conflicting definitions of “hazardous waste”, for purposes of collection, transportation, 280 Processing and/or Disposal, the broader, more restrictive definition shall be employed for purposes of 281 this Agreement.
282 “Jurisdictional Rate Stabilization Fund”, means the fund held by the County for the purpose of enhancing 283 System liquidity including making payments to the Service Contractor resulting from lower than 284 expected Recovered Materials revenues.
285 “Landfill”, means the Tajiguas Landfill, a Subtitle D Disposal facility. 286 “Market” (or “Marketed” or “Marketing” or other variations thereof), means providing for the sale or 287 placement of Recyclable Materials, electricity and Compost for the purpose of beneficial use. 288 “Material Recovery Facility” or “MRF”, means the Project Facility as described in Service Contractor’s 289 Proposal and in subsequent documentation to be developed and operated by Service Contractor in 290 which Processing equipment and systems are used to Process Acceptable Materials. 291 “Maximum Facility Capacity”, means the maximum number of Tons the Facility is designed, and the 292 Contractor’s operating expenses are assumed, to Process. 293 “Mixed Waste”, means Municipal Solid Waste that is available for delivery for Processing and may be 294 Processed at the Project, and is not Unprocessable Waste or Unacceptable Waste. Mixed Waste also 295 includes commercial and industrial waste that meets the criteria defined herein, Construction and 296 Demolition Debris, agricultural plastic, and tires. Mixed Waste does not include materials that are 297 collected or delivered in a source-separated form.
298 “Monthly Service Payment”, means the monthly amount paid to the County by the Collection 299 Contractors (on behalf of and overseen by the City) for delivery of Acceptable Materials for Processing at 300 the Project Site, as described in Section 4.2.B.
301 “Municipal Solid Waste”; “MSW”, means generally the components of Mixed Waste, and specifically all 302 substances or materials that are discarded or rejected as being spent, useless, worthless or in excess of 303 the owner’s needs at the time of discard or rejection including, without limitation, all putrescible and 304 non-putrescible solid and semi-solid waste including garbage, rubbish, maintenance waste, Yard 305 Trimmings, bulky wastes, industrial wastes, Construction and Demolition Debris, and grit and sweepings 306 from a water pollution control plant, which are generated by residential, commercial, industrial, 307 institutional, municipal, agricultural and other activities and which are not otherwise restricted in a Class 308 III landfill by State or federal regulations and which are delivered to the Project Site as Mixed Waste. 309 Municipal Solid Waste does not include: (i) Hazardous Waste; (ii) medical waste; (iii) ash; (iv) 310 Source-Separated Recyclable Materials; (v) Source-Separated Yard Trimmings; (vi) Source-Separated 311 Food Scraps; or (vii) other materials collected separately from Municipal Solid Waste for Processing at 312 the Project Site.
313 “Net Current Revenues” means for any Agreement Year, the Current Revenues during such Agreement 314 Year less the System Costs during such Agreement Year. 315 “Net Revenues”, means for any Agreement Year, the Revenues during such Agreement Year less System 316 Costs during such Agreement Year.
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317 “Notice”; “Notify”, means notice given in accordance with Section 9.6 and Exhibit A. 318 “Operating Committee”; means a committee comprised of each Public Participant (including the 319 County). Each Public Participant (including the County) will be allocated one representative on the 320 Operating Committee. The Operating Committee can be called to order as necessary. The 321 representative will be the City Manager or his/her designee who is authorized to vote on behalf of the 322 represented Public Participant. Each representative will have a weighted vote proportionate to the 323 amount of Acceptable Materials such Participant delivered during the Agreement Year as compared to 324 the total amount of Acceptable Materials delivered by all Public Participants during the prior Agreement 325 Year. A two-thirds vote is necessary to support a decision by the Operating Committee. 326 “Operating Reserve”, means the minimum balance of ten million dollars ($10,000,000) to be maintained 327 within the County Solid Waste Enterprise Fund or other fund established by the County necessary to 328 operate the Solid Waste System, which includes the TRRP. Such minimum balance shall be consistent 329 with the County’s Enterprise Fund Reserve Policy adopted by the County prior to the issuance of the 330 Certificates.
331 “Organic Materials”, means: (i) materials intended for Processing by the AD Facility, which may include 332 organics sorted out of Mixed Waste, Yard Trimmings, and Food Scraps; and, (ii) sludge and residuals 333 from water and wastewater treatment, as further defined in the Service Contractor’s subcontract with 334 the AD Facility Operator.
335 “Other County Costs” means other System Costs that are not in County Service Costs 336 “Other Users”, means any Person delivering Spot Market Materials to the Facility as authorized by the 337 Service Contractor, and approved by the County, as applicable. 338 “Party; Parties”, means County and City, individually and together. 339 “Permit(s)” means all Federal, State, City, other local and any other governmental unit permits, orders, 340 licenses, approvals, authorizations, consents and entitlements of whatever kind and however described 341 which are required under Applicable Law to be obtained or maintained by any Person with respect to 342 the Facilities or the performance of any obligation under this Agreement, as renewed or amended from 343 time to time.
344 “Person”, means any individual, firm, association, organization, partnership, corporation, trust, joint 345 venture, the United States, the State, a county, a municipality or special purpose district, or other entity 346 whatsoever.
347 “Process”; “Processing” (or any other variation thereof), means the picking, pulling, sorting, separating, 348 classifying and recovery of Recovered Materials from Acceptable Materials by the Service Contractor at 349 the Project Site. Processing also means the baling, crushing, shredding, chipping, grinding or any other 350 method of preparing Acceptable Materials for further Processing (for example, at the AD Facility) or 351 Marketing.
352 “Project”; “TRRP”, means all aspects of the Tajiguas Resource Recovery Project as conducted at the 353 Project Site. “Project Site”; “Site”, means the area at the Tajiguas Landfill property to be used by the 354 County and Service Contractor for development of the Facility, including one or more discrete sites 355 including, but not limited to the “Operations Deck” and a composting area (“Top Deck”). 87 County of Santa Barbara ARTICLE 1: DEFINITIONS
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356 “Promptly”, means as soon as possible, and no longer than three (3) Business Days unless the Parties 357 otherwise agree in writing.
358 “Public Participants”, means any jurisdiction which enters into an individual Material Delivery 359 Commitment and Processing Service Agreement with the County, excluding Other Users. The City is a 360 Public Participant.
361 “Reasonable Business Efforts”, means those efforts that a reasonably prudent business Person would 362 expend under the same or similar circumstances in the exercise of such Person’s business judgment, 363 intending in good faith to take steps calculated to satisfy the obligation which such Person has 364 undertaken to satisfy; provided that such Person and/or any enterprise by which such Person is 365 employed would not incur a financial loss (other than time expended or otherwise compensated for 366 such efforts herein) by reason of having expended or expending such efforts. 367 “Recovered Materials”, means Recyclable Materials and Organic Materials recovered through 368 Processing of Acceptable Materials.
369 “Recyclable Materials”, means materials having economic value or a beneficial reuse which are 370 commonly recovered in comparable materials recovery facilities and organics Processing facilities in 371 California.
372 “Reimbursement Costs”, means the Direct Costs that the Party incurs to enforce its rights or exercise its 373 remedies under this Agreement plus an amount equal to the average interest rate payable on the 374 California Local Agency Investment Fund in effect when the Direct Costs were incurred. 375 “Revenue Fund” or “Solid Waste Enterprise Fund; means Fund No. 1930 in the County’s financial 376 accounting system in which Current Revenues will be deposited and from which System Costs will be 377 dispersed.
378 “Revenues” means Current Revenues plus deposits to the Revenue Fund from amounts on deposit in the 379 Bond Holders Rate Stabilization Fund, but only as and to the extent specified in the Bond Documents. 380 “Service Agreement”, means the contract between the County of Santa Barbara and MSB Investors, LLC 381 for development and operation of the TRRP.
382 “Service Contractor”, means the Contractor defined in the Service Agreement between the County of 383 Santa Barbara and MSB Investors, LLC.
384 “Service Contractor’s Proposal”, means the Service Contractor’s document(s) included in Exhibit J to the 385 Service Agreement, and all related materials submitted subsequently prior to the Effective Date 386 “Shortfall Charge”, means the charge incurred by the City for failure to meet the City’s Minimum Annual 387 Delivery Requirement (i.e., if the actual tonnage delivered and paid for is less than the committed tons). 388 The charge will equal the number of tons short of the City’s Minimum Annual Delivery Requirement 389 multiplied by the effective Acceptable Material Charge. 390 “Solid Waste System”; “System” means all solid waste collection, processing, diversion, composting, 391 recycling, disposal and power generation facilities (including related equipment) and any other facilities 392 related thereto now owned by the County, and all other facilities (including related equipment) for solid 393 waste collection, processing, diversion, composting, recycling, disposal and power generation hereafter 88 County of Santa Barbara ARTICLE 1: DEFINITIONS
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394 acquired and constructed by the County and such other facilities, which may or may not be owned by 395 the County, determined by the County to be a part of the Solid Waste System. Solid Waste System shall 396 not include any Special Facilities.
397 “Source-Separated Food Scraps”, means Food Scraps, containing less than two percent (2%) 398 contamination by weight, segregated from other Municipal Solid Waste prior to collection. 399 Source-Separated Food Scraps may be collected separately or commingled with Yard Trimmings. 400 Source-Separated Food Scraps are Organic Materials. 401 “Source-Separated Organic Materials”, means Source-Separated Food Scraps, or combined Food Scraps 402 and Yard Trimmings, containing less than two percent (2%) contamination by weight, that are collected 403 separately from Municipal Solid Waste.
404 “Source-Separated Recyclable Materials”, means Recyclable Materials, containing less than 15% 405 contamination by weight, that are separated by the generator from Municipal Solid Waste, provided for 406 collection by individual material type or as combined materials in a single-stream program, and are 407 delivered to the Project for Processing and transport to Market. 408 “Source-Separated Yard Trimmings”, means Yard Trimmings, containing less than two percent (2%) 409 contamination by weight, segregated from other Municipal Solid Waste prior to collection. 410 Source-separated yard trimmings are not included in the City’s Minimum Annual Delivery Requirement. 411 “Spot Market Material”, means Acceptable Material generated within Santa Barbara County and 412 delivered to the Facility by or on behalf of Other Users. 413 “State”, means the State of California.
414 “Surplus Fund”, means on June 1 and December 1 of each year, beginning on June 1, 2017, all remaining 415 money in the Revenue Fund after making the foregoing deposits shall be withdrawn from the Revenue 416 Fund and deposited by the County in the Surplus Fund. Moneys in the Surplus Fund may be applied for 417 any lawful purpose of the County relating to the Solid Waste System. 418
419 “System Costs”, means all reasonable and necessary costs paid or incurred by the County for 420 maintaining and operating the Solid Waste System, determined in accordance with Generally Accepted 421 Accounting Principles, including all reasonable expenses of management and repair and other expenses 422 necessary to maintain and preserve the Solid Waste System in good repair and working order, state 423 mandated surcharges, and the annual costs of any permits or licenses, but excluding debt service costs, 424 and including all administrative costs of the County that are charged directly or apportioned to the 425 operation of the Solid Waste System, such as salaries, wages, and pension and other post-employment 426 benefits of employees, overhead, taxes (if any) and insurance premiums, and including all other 427 reasonable and necessary costs of the County or charges required to be paid by the County to comply 428 with the terms hereof or of any resolution authorizing the issuance of any Certificates (as defined in the 429 Bond Documents) or of such Certificates, or of any resolution authorizing the execution of any contract 430 (as defined in the Bond Documents) or of such contract, such as compensation, reimbursement and 431 indemnification of the trustee for any such Certificates or contracts and fees and expenses of 432 independent certified public accountants and independent engineers, insurance consultants, but 433 excluding in all cases depreciation, replacement and obsolescence charges or reserves therefor, 89 County of Santa Barbara ARTICLE 1: DEFINITIONS
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434 amortization of intangibles and intergovernmental transfers by the County which are not 435 reimbursements or payments for overhead or other administrative expenses incurred by the County. 436 System Costs do not include payments by the County from funds in the Jurisdictional Rate Stabilization 437 Fund (i) to the Public Participants pursuant to the terms and provisions of this Agreement, and (ii) to the 438 Service Contractor.
439 “Target Value”, means the targeted amount of funds to be kept in the Jurisdictional Rate Stabilization 440 Fund of $3,000,000.
441 “Ton”; “Tonnage”, means a short Ton of 2,000 pounds. 442 “TRRP Revenue(s)”, means revenue from the sale of any or all of the following, without regard to source:
443 (A) Sale of Recyclable Materials
444 (B) Sale of Compost
445 (C) Sale of electricity
446 (D) Share of Spot-Market tipping fees
447 (E) Any other revenues generated as a result of changes in law or other from regulatory-driven 448 factors occurring after and not otherwise incorporated into Service Contractor’s pro-forma 449 “TRRP Service”, means any or all of Service Contractor’s obligations that are described in the Service 450 Agreement, including development, operations (throughput, recovery, residue, electric output, net 451 electricity generated, and environmental performance), maintenance, Marketing, etc. 452 “Unacceptable Waste” means wastes that the TRRP may not receive under its Permits, including but not 453 limited to:
454 (A) Asbestos, including friable materials that can be crumbled with pressure and are therefore likely 455 to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, 456 which may be a Hazardous Waste if it contains more than one percent (1%) asbestos; 457 (B) Ash residue from the incineration of Municipal Solid Wastes, including infectious waste 458 described in item (G) below, wood waste, sludge, and agricultural wastes.; 459 (C) Auto shredder "fluff" consisting of upholstery, paint, plastics, and other non-metallic substances 460 which remains after the shredding of automobiles;
461 (D) Large dead animals;
462 (E) Hazardous Wastes, explosives, ordnance, highly flammable substances and noxious materials; 463 (F) Industrial solid or semi-solid wastes resulting from industrial processes and manufacturing 464 operations, including cement kiln dust, ore process residues and grit or screenings removed 465 from waste water treatment facility;
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466 (G) Infectious wastes which have disease transmission potential and are classified as Hazardous 467 Wastes by the State Department of Health Services, including pathological and surgical wastes, 468 medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubings, 469 bottles, drugs, patient care items such as linen or personal or food service items from 470 contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical 471 purposes or with known infectious diseases;
472 (H) Liquid wastes which are not spadeable, usually containing less than fifty percent (50%) solids, 473 including cannery and food processing wastes, landfill leachate and gas condensate, boiler 474 blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, 475 rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous 476 Wastes;
477 (I) Radioactive wastes as defined in Section 114710 of the California Health and Safety Code and 478 any waste that contains a radioactive material, the storage or Disposal of which is subject to any 479 other State or federal regulation;
480 (J) Special wastes designated from time to time by the Department of Resources Recycling and 481 Recovery (CalRecycle), including contaminated soil; 482 (K) Bulky items that cannot fit within standard roll-off containers or Mixed Waste/Municipal Solid 483 Waste collection vehicles unless otherwise approved by Service Contractor. 484 The Parties shall Promptly conform this definition of "Unacceptable Waste" to the extent necessary to 485 comply with Applicable Law, should a Change in Law or in Permits and Permit requirements necessitate. 486 “Uncontrollable Circumstances”, means any act, event or condition that is beyond the reasonable 487 control of the Party relying thereon as justification for not performing a County Obligation or a City 488 Obligation as defined in Article 3 and 4 respectively, or complying with any condition required of such 489 Party under this Agreement, and that materially interferes with or materially increases the cost of 490 performing its obligations hereunder (other than payment obligations), to the extent that such act, 491 event or condition is not the result of the willful or negligent act, error or omission, failure to exercise 492 reasonable diligence, or breach of the this Agreement on the part of such Party. The only effect of such 493 Uncontrollable Circumstance is that it allows for a temporary cessation of delivery of materials by the 494 City and/or the provision of service by the County to the extent that the delivery of materials by the City 495 or the provision of service by the County is prevented by the Uncontrollable Circumstance. The 496 occurrence of an Uncontrollable Circumstance expressly does not allow for a cessation of payment of 497 the Monthly Service Payment. Such acts or events may include, but shall not be limited to, the 498 following:
499 (A) Naturally occurring events (except weather conditions normal for the Santa Barbara area) such 500 as landslides, underground movement, earthquakes, fires, tornadoes, tidal waves, floods, 501 epidemics, storms, and other acts of God, ionizing radiation, nuclear, radioactive, chemical or 502 biological contamination;
503 (B) Explosion, sabotage or similar occurrence, acts of a declared public enemy, extortion, war, civil 504 war, armed conflict, terrorism, blockade, embargo, or insurrection, riot or civil disturbance; 91 County of Santa Barbara ARTICLE 1: DEFINITIONS
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505 (C) Labor disputes, except labor disputes involving employees of the Service Contractor, its 506 affiliates, or subcontractors that affect the performance of the TRRP Services; 507 (D) The failure of any subcontractor or supplier (other than the Collection Contractor, Service 508 Contractor, Service Contractor’s guarantor, or any affiliate of either) to furnish services, 509 materials, chemicals or equipment on the dates agreed to, but only if such failure is the result of 510 an event which would constitute an Uncontrollable Circumstance if it affected the Collection 511 Contractor, or Service Contractor directly, and the Collection Contractor or the Service 512 Contractor are not able after exercising all Reasonable Business Efforts to timely obtain 513 substitutes;
514 (E) The failure of any private utility to provide and maintain utilities to the TRRP which are required 515 for the performance of this Agreement;
516 (F) Any failure of title to the Project Site or any enforcement of any encumbrance on the Project 517 Site not consented to in writing by, or arising out of any action or agreement entered into by, 518 the Party adversely affected thereby;
519 (G) The preemption of materials or services by a governmental body in connection with a public 520 emergency or any condemnation or other taking by eminent domain of any material portion of 521 the Facility;
522 (H) The temporary suspension of operations due to supervening authority of law, such as the 523 designation of all or a portion of the TRRP as a crime scene or as the site of an investigation by 524 law enforcement;
525 (I) A Change in Law.
526 It is specifically understood that, without limitation, none of the following acts, events or circumstances 527 shall constitute Uncontrollable Circumstances:
528 (1) Any act, event or circumstance with respect to which the Service Contractor has assumed the 529 "as-is" risk under the Service Agreement;
530 (2) Any act, event or circumstance that would not have occurred if the affected Party had complied 531 with its obligations under the this Agreement;
532 (3) Changes in interest rates, inflation rates (other than those provided for in this Agreement), labor 533 costs, insurance costs, commodity prices, currency values, exchange rates or other general 534 economic conditions, with the exception of changes resulting from a Change in Law; 535 (4) Changes in the financial condition of the County, the Contractor, the Guarantor, or the City 536 affecting the ability to perform their respective obligations; 537 (5) The consequences of error, neglect or omissions by the Service Contractor in the performance 538 of the TRRP Services;
539 (6) Union or labor work rules, requirements or demands, which have the effect of increasing the 540 number of employees employed, or overtime hours required, at the Project or otherwise 92 County of Santa Barbara ARTICLE 1: DEFINITIONS
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541 increasing the cost to the Service Contractor for meeting Service Contractor obligations under 542 the Service Agreement, provided that such are not the result of a Change-in-Law; 543 (7) Mechanical failure of equipment not itself due to an Uncontrollable Circumstance; 544 (8) Power outages not caused by third party utilities; 545 (9) Reasonably anticipated weather conditions for the geographic region of Santa Barbara County; 546 (10) Any act, event, circumstance or Change-in-Law occurring outside the United States of America, 547 unless it has a clear, direct and measurable impact on the ability of a Party to perform its 548 contractual obligations;
549 (11) Failure of the Service Contractor to secure applicable patents, provided that such failure is due 550 to the acts, omissions or negligence of the Service Contractor; 551 (12) A Change-in-Law pertaining to taxes, which does not discriminate against Service Contractor; or 552 (13) Any Change-in-Law (including the issuance of any governmental approval, the enactment of any 553 statute, or the promulgation of any regulation) the terms and conditions of which do not impose 554 more stringent or burdensome requirements on the Service Contractor than are imposed by the 555 Service Agreement.
556 “Unprocessable Waste”, means materials that Service Contractor cannot Process due to size or other 557 characteristics (e.g., oversized, bulky items) and that may be delivered to the Landfill for Disposal. 558 “Yard Trimmings”, means those discarded materials that will decompose and/or putrefy, including, but 559 not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree 560 trimmings, dead trees, small pieces of unpainted and untreated wood, and other types of organic waste. 561 Yard Trimmings are Organic Materials.
562 “Year”, means a calendar year of January 1 through December 31, unless an Agreement Year is explicitly 563 specified.
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564 ARTICLE 2: TERM OF AGREEMENT
565 2.1 Effective Date
566 This Agreement shall be dated as of, and become effective on, the date of its execution by the last of the 567 Parties.
568 2.2 Agreement Term
569 This Agreement shall terminate December 31, 2038 (approximately 22 Years from the Effective Date) 570 and shall include the construction periods (allowing for Facility construction and acceptance testing) as 571 well as twenty (20) Years of operation; provided, however in no event shall this Agreement terminate 572 while any Certificates are outstanding.
573 2.3 Survival of Certain Provisions
574 The following provisions survive this Agreement’s term:
575 (A) Parties’ representations, certifications, warranties and acknowledgements; 576 (B) Amounts that the City owes County, and County owes City; 577 (C) Any other rights and obligations of the Parties accrued prior to expiration or termination of this 578 Agreement; and,
579 (D) Any other rights and obligations of the Parties expressly stated to survive this Agreement’s term. 94 County of Santa Barbara ARTICLE 3: COUNTY’S OBLIGATIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 16 HF&H Consultants, LLC
580
581 ARTICLE 3: COUNTY’S OBLIGATIONS
582 3.1 Solid Waste Management Services
583 Commencing on July 1, 2017 (based on the June 2016 schedule attached as Exhibit C of the Service 584 Agreement), the County shall provide or cause the provision of the service of receiving and processing, 585 treating, and/or disposing of Acceptable Materials from the Public Participants at the System (including 586 such other facilities, including transfer stations, as the County may determine to use in the event that 587 the Project or other existing components of the System are unavailable for any reason, as described in 588 Section 3.6). The County, to the maximum extent permitted under Applicable Law, shall use its 589 Reasonable Best Efforts to keep the Project and the existing landfill open for the receipt of waste for 590 processing, transfer or disposal of Acceptable Materials pursuant to this Agreement. The County shall 591 do and perform all acts and things which may be necessary or desirable in connection with its covenants 592 in this subsection, including without limitation all planning, development, administration, 593 implementation, construction, operation, maintenance, management, financing and contract work 594 related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts 595 to minimize the costs incurred in complying with its obligations and responsibilities under this 596 Agreement, Applicable Law, the Bond Documents, and prudent solid waste management practice and 597 environmental considerations. The County shall enforce the provisions of all agreements with third 598 parties relating to the Project.
599 3.2 Facility Revenues
600 A. Jurisdictional Rate Stabilization Fund
601 Annually, the County will deposit into the Jurisdictional Rate Stabilization Fund amounts held in the 602 Surplus Fund (as established under the Bond Documents) net of (i) payment of System subordinate 603 obligations; (ii) capital improvements of the System; (iii) any replenishment of the Operating Reserve; 604 and (iv) the payment by or reimbursement of revenue to the County of any non-County Service Costs or 605 revenues that are excluded from this Agreement as described in Exhibit F. 606 County shall continue to contribute, solely from the amounts held in the Surplus Fund established under 607 the Bond Documents, to the Jurisdictional Rate Stabilization Fund with the goal of maintaining a 608 minimum fund balance of three million dollars ($3,000,000) (Target Value). If at the end of any 609 Agreement Year, the Jurisdictional Rate Stabilization Fund exceeds three million five hundred thousand 610 dollars ($3,500,000) (Cap Value), the Public Participants will receive a dividend to return the fund to 611 three (3) million dollars ($3,000,000) based upon the actual amount and type of Tons delivered to the 612 Facilities in the given year as identified in the Service Agreement. The County shall separately account 613 for expenses made from and contributions to the Jurisdictional Rate Stabilization Fund and shall present 614 these to the City during the Annual Settlement Process (as described in Section 4.3.B). Any funds 615 remaining in the Jurisdictional Rate Stabilization Fund at the end of the Agreement Term shall be 616 accounted for during the final Annual Settlement Process. Within ninety (90) days of the end of the 617 Agreement Term, the County shall refund to the City its proportionate share of the entire remaining 618 cumulative balance of the Jurisdictional Rate Stabilization Fund. 95 County of Santa Barbara ARTICLE 3: COUNTY’S OBLIGATIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 17 HF&H Consultants, LLC
619 B. Materials Revenue Shares
620 1. Calculation
621 Subject to satisfying the requirements of the Bond Documents, in the event that the Jurisdictional Rate 622 Stabilization Fund balance exceeds the Cap Value, the County shall, during the Annual Settlement 623 Process (described in Section 4.3.B), distribute the amount of any additional TRRP Revenues to the 624 Public Participants (in proportion to the amount of annual Tons delivered by waste stream responsible 625 for the material revenues), in an amount calculated as follows, and as further described in Exhibit D:
626 a. City’s Tons of Acceptable Materials by material type (e.g., Mixed Waste, Source-Separated 627 Recyclable Materials, Source-Separated Organic Materials) actually delivered to the TRRP; 628 b. Multiplied by an equivalent tonnage factor based on actual market values of the materials from 629 the previous Agreement Year (e.g. if Source-Separated Recyclable Materials commodity values 630 are twice as high as Mixed Waste commodity values, the Source-Separated Recyclable Materials 631 equivalent tonnage factor would be “2”, and Mixed Waste equivalent tonnage factor would be 632 “1”);
633 c. Summed for all material types, to arrive at a single equivalent tonnage value per City; 634 d. Divided by the aggregate Tons of Acceptable Materials actually delivered to the TRRP, and 635 adjusted by the equivalent tonnage factors, to arrive at a percentage; 636 e. Multiplied by the total available disbursement amount; 637 f. Minus any money that the City owes the County.
638 2. Example
639 For example, as applied to Source-Separated Recyclable Materials and as defined in B. 1 a – f above:
640 Assumptions:
641 a. 10 Tons: City’s Collection Contractor delivers 10 Tons of Source-Separated Recyclable Material. 642 b. 2: Source-Separated Recyclable Materials equivalent Tonnage factor, assuming Source-Separated 643 Recyclable Materials commodity values were agreed to be twice as high as Mixed Waste 644 commodity values.
645 c. 1000 Tons: Aggregate of 1000 Tons of adjusted equivalent Tonnage from all sources and material 646 types delivered by Public Participants to the Project. 647 d. $3,500,000: Jurisdictional Rate Stabilization Fund Balance has reached the Cap Value of 648 $3,500,000.
649 e. $500,000: County’s available disbursement amount to return the Jurisdictional Rate Stabilization 650 Fund to the Target Value is $500,000 (assuming the funds identified in Section 3.2.A are fully 651 funded).
652 f. $500: City owes County outstanding balance of Shortfall Charge of $500. 653 Equation:
654 ((10 Tons * 2) / 1,000 equivalent Tons) = 2%
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655 (2% * $500,000) - $500 = $9,500 = City’s dividend amount 656 C. Payment Dates
657 County will distribute any TRRP Revenues that are due to the Public Participants in accordance with the 658 Materials Revenue Share as described in Section 3.2 B and the Annual Settlement Process (described in 659 Section 4.3.B) within thirty (30) Days of receipt of revenues from Service Contractor, subject to 660 confirmation that the City has satisfied the requirements of the Bond Documents and Operating 661 Reserve, and has met preconditions related to any Shortfall Charges, prior to distribution. 662 D. Limited Obligation
663 County’s obligation with respect to materials revenue sharing is limited to TRRP Revenues that County 664 receives and which are not subsequently recovered from County by a trustee in bankruptcy, creditor of 665 the Service Contractor or other Person. City acknowledges that County may not receive any TRRP 666 Revenues from Service Contractor for multiple reasons, including:
667 1. Service Contractor’s failure to generate revenues from identified sources, or 668 2. Attachment of those revenues by creditors of Service Contractor who have a secured interest 669 prior to the County’s interest.
670 3.3 Non-monetary Credits or Offsets
671 The Parties acknowledge that the Project depends upon the waste streams of the participating 672 jurisdictions for feedstock and the revenues from the Minimum Monthly Service Payments of the 673 participating jurisdictions to pay the debt service for the construction of the Project and the Project’s 674 operating expenses. In recognition of this partnership, the Parties agree (to the extent such an 675 agreement is not in conflict with any preemptive legal authority) that any future non-monetary credits 676 or offsets that may accrue under any legislative, administrative, or regulatory programs or systems from 677 the reduction of greenhouse gas emissions due to the operation of the Project shall be allocated 678 proportionately amongst the participating jurisdictions based upon the following ratio: the participating 679 jurisdiction’s actual tonnage delivered/total tons delivered to the Facility from all Public Participants. 680 This allocation of credits and offsets does not apply to:
681
682 1Renewable energy credits that have been previously allocated to Southern California Edison 683 pursuant to the power purchase agreement between MSB Investors, LLC and Southern California Edison, 684 2. Revenues already included in the Service Contractor’s pro-forma or the County’s 685 financing or Other County Costs, or
686 3. Revenues generated as a result of changes in law or other regulatory-driven factors 687 occurring after and not otherwise incorporated into the Service Contractor’s pro-forma, which are 688 incorporated into the definition of TRRP Revenues.
689 3.4 Exercise of Contractual Rights
690 A. Notification
691 County will notify City, no later than thirty (30) Days prior, of any upcoming County Board meeting prior 692 to exercising County’s rights and obligations under the Service Agreement that the County does not 693 delegate to the County Agreement Representative. The obligation to notify the City does not prevent 694 the County from unilaterally exercising such rights and obligations. Examples include:
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695 1. Giving Notices to proceed, and full or partial Facility acceptance; and, 696 2. Exercising certain enforcement actions and remedies. 697 B. City’s Individual Rights
698 County authorizes City to exercise the following rights of the County under the Service Agreement, at 699 City’s option:
700 1. Entering Facility during normal hours of Facility operation, and/or, 701 2. Accessing Service Contractor’s books and records during normal business hours as well as access 702 to electronic records available on-line from the Contractor and County. 703 C. No Modification Without City Consent
704 Except for routing change orders necessary for the construction and operation of the Facility as 705 described in the Service Agreement, County will not modify the Service Agreement in any way that 706 changes City’s obligations, or City’s rights under this Section 3.4, without City consent. 707 3.5 Annual Facility Review Meeting
708 County shall hold an annual meeting with City and other Public Participants to review the Service 709 Contractor’s Processing efforts, and overall performance under this Agreement. The purpose of such 710 meeting is to provide for a discussion and review of technological, economic, and regulatory changes in 711 collection, source reduction, Processing and Disposal to achieve a continuing, advanced materials 712 Processing and Disposal system; and to ensure services are being provided by County and the Service 713 Contractor with adequate quality, effectiveness and economy, and in full compliance with the terms of 714 this Agreement.
715 County shall notify City of its intent to hold an annual review meeting at least sixty (60) days in advance 716 thereof.
717 In addition, City may request a meeting with County to discuss the issues described herein at any time 718 during the Agreement Term, and County shall arrange such meeting within thirty (30) Days of City 719 request.
720 3.6 Services During Uncontrollable Events
721 In the event of an Uncontrollable Circumstance, County shall make Reasonable Business Efforts to 722 receive materials delivered by City’s Collection Contractor, and to promptly and cost effectively provide 723 materials processing and disposal services either through facilities within the County’s Solid Waste 724 System or using alternative waste management facilities. The County commits to seeking all 725 reimbursable funds from any and all insurance policies providing coverage for loss or damage resulting 726 from such events to return the TRRP and Landfill to operations. If the cost to repair the TRRP and landfill 727 exceed the available insurance proceeds, the County will prepare a plan and budget to return the 728 facilities to operational status and submit this information to the Operating Committee for 729 consideration under Section 4.3.D.3. Moreover, since the type, scope and limits of the required 730 insurance coverage secured by the Contractor and the County for the TRRP was determined after review 731 and consultation by the City of Santa Barbara, any significant changes in the type, scope or limits of 732 insurance coverage for the TRRP will be subject to review by the Operating Committee. 733
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734 A. Disposal Facility Available
735 In the event an Uncontrollable Circumstance occurs which prevents Processing of materials by the TRRP 736 but does not preclude Disposal in the Landfill, County shall Dispose of the materials and shall make 737 Reasonable Business Efforts to provide alternative material Processing capacity. 738 B. Disposal Facility Not Available
739 In the event an Uncontrollable Circumstance occurs which prevents Processing of materials by the TRRP 740 and Disposal in the Landfill, the County, shall not abandon the Solid Waste System and shall continue to 741 provide disposal capacity sufficient to enable it to comply with the terms hereof; provided, that, the 742 County may provide such capacity by making available transfer and/or disposal facilities owned and 743 operated by the County or by making contractual or other arrangements for the use of transfer and/or 744 disposal facilities (either inside or outside the geographic boundaries of the County) owned or operated 745 by persons other than the County. In the event of loss or damage to any material portion of the Solid 746 Waste System or the occurrence of any other event which prevents the County from accepting solid 747 waste at the facilities or the Solid Waste System, the County will use Reasonable Business Efforts to take 748 whatever actions are within its powers to provide other facilities or services necessary to provide the 749 solid waste management services necessary to maintain Net Current Revenues and Net Revenues as 750 required under the Bond Documents. If the efforts necessary to replicate the performance of the TRRP 751 are not economically feasible based on the Current Revenues and any available insurance proceeds, the 752 County shall convene a meeting of the Operating Committee to discuss the options available to provide 753 disposal and processing services that most closely replicate the performances of the TRRP within the 754 limits of the Current Revenues and any available insurance proceeds. 99 County of Santa Barbara ARTICLE 4: CITY’S OBLIGATIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 21 HF&H Consultants, LLC
755
756 ARTICLE 4: CITY’S OBLIGATIONS
757 4.1 Acceptable Materials Delivery Requirement and Monthly Payments 758 Commencing on July 1, 2017, the Public Participants will deliver or direct their respective Collection 759 Contractor to deliver to the Solid Waste System all Acceptable Materials that the Collection Contractor 760 collects under its contract with City. Public Participants shall also pay or cause their respective 761 Collection Contractor(s) to pay the then-applicable Monthly Service Payment based on the Acceptable 762 Materials Charge established pursuant to this Agreement. The obligations of the Public Participants 763 pursuant to this section shall be referred to here as the “Delivery Covenant.” 764 In order to meet the Delivery Covenant, each Public Participant agrees to maintain collection franchises 765 or other contractual arrangements (or utilize municipal collection) to manage collection of all 766 Acceptable Materials generated within its jurisdiction while the Certificates are outstanding. 767 Each such franchise or contract shall require, as a condition of the franchise or contract, that the hauler 768 deliver Acceptable Materials which it collects to the Solid Waste System, or to alternate facilities 769 designated by the County in the event the Solid Waste System is unavailable for any reason as discussed 770 in Section 3.6.
771 4.2 City’s Annual Deliveries
772 A. Tonnage
773 City will deliver (or cause to be delivered) its City’s Minimum Annual Delivery Requirement up to its 774 City’s Maximum Annual Delivery Allowance (as described in Figure I, below) to the MRF, AD Facility or 775 composting operations area on the Project Site (or other site designated by the County), as Service 776 Contractor directs, by either or both of the following means:
777  Municipal collection: collecting Acceptable Materials itself, using municipal employees; or 778  Contract collection: directing Collection Contractors to deliver Acceptable Materials using 779 Collection Contractors’ employees, subcontractors or other third Persons. 780 1. Contamination
781 The TRRP Revenues are based on the receipt of Mixed Waste, Source-Separated Recyclable 782 Materials, and Source-Separated Organic Materials. Each of the Source Separated materials have 783 limits of the contamination they may contain as described in the Definitions. Should higher levels of 784 contamination occur, more material will be classified as Mixed Waste and less TRRP Revenue will be 785 received.
786 If County demonstrates a material increase in contamination of Source Separated Recyclable 787 Materials and Source Separated Organic Materials delivered to the TRRP, the County and the Service 788 Contractor shall attempt to determine the source and cause of the increased contamination. If the 789 source of the contamination cannot be identified, the County will propose certain actions (e.g., 790 targeted public outreach programs, tagging of containers and collection of materials in the tagged 791 containers as solid waste, etc.) to be implemented uniformly by all users of the Facility. The 100
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792 Operating Committee shall consider the Service Contractor’s and County’s findings and 793 recommendations and either adopt those recommended actions or modify them and adopt the 794 modified actions and all users of the Facility shall uniformly implement such actions within six (6) 795 months.
796 If the County demonstrates by substantial evidence that the increased contamination is attributable 797 to the City, then the County will notify the affected City. If the City does not agree with the County’s 798 findings as to the cause of the contamination, a third party that is mutually agreeable to the City and 799 the County will be hired to review the County’s evidence and make a determination of the cause of 800 the increased contamination. If the City does not dispute the County’s original finding as to the cause 801 of the increased contamination or if the third party attributes the cause of the increased 802 contamination to the City, then the City will have ninety (90) days to prepare a course of action (e.g., 803 targeted public outreach programs, tagging of containers and collection of materials in the tagged 804 containers as solid waste, etc.) to address the identified contamination including a description of the 805 change(s), the timeline for the change(s), and the anticipated impact(s) of the change(s). Within sixty 806 (60) days of receipt of the City’s proposed actions (Proposal) to correct the contamination, County 807 shall prepare and deliver to City a written response to the proposed change (Response). If the City 808 does not agree with the original findings of the County or Service Contractor or the County does not 809 agree to the Proposal prepared by the City to address the contamination issue, a third party that is 810 mutually agreeable to the City and County will be hired to review the County or Service Contractor’s 811 findings and the City’s Proposal, and make a recommendation to address the issue. The cost for the 812 third party will be split between the County and the City and the third party’s decision shall be 813 binding upon the City and the County. The City will implement actions associated with the third 814 party’s decision within six (6) months.
815 2. Quantities
816 In the event that in any Agreement Year City delivers (or causes to be delivered) Tons in excess of the 817 City’s Minimum Annual Delivery Requirement but less than the City’s Maximum Annual Delivery 818 Allowance, City shall be charged for each additional Ton at the then current Acceptable Materials 819 Charge, during the Annual Settlement Process, as described in Section 4.3.B. 820 In the event that in any Agreement Year City delivers (or causes to be delivered) Tons in excess of 821 the City’s Maximum Annual Delivery Allowance but the facility has received fewer Tons than the 822 Facility Maximum Annual Delivery Allowance, City shall be charged for each additional Ton at the 823 then current Acceptable Materials Charge, during the Annual Settlement Process, as described in 824 Section 4.3.B.
825 In the event that in any Agreement Year City anticipates or is projected by the County or the Service 826 Contractor to deliver (or cause to be delivered) Tons in excess of the Facility Maximum Annual 827 Delivery Allowance, City may be allowed to deliver (or cause to be delivered) the additional Tons at 828 the Acceptable Materials Charge based on the terms determined in accordance with Section 4.3.C.2. 829
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830
831 Figure I - City’s Minimum Annual Delivery Requirement and Maximum Delivery Allowance “City’s Minimum Annual Delivery Requirement” means at least the following Total Tons of Acceptable Materials relating to the City. (Specific Tons of Mixed Waste, Source-Separated Recyclable Materials and Source-Separated Organic Materials are listed separately only for the purpose of calculating revenue shares under Section 3.2.B.)*
Mixed Waste
(Tons)
Source-Separated
Recyclable
Materials (Tons)
Source-Separated
Organic Materials (Tons)**:
 Source-Separated Food
Scraps, or
 Source-separated Food
Scraps and Yard Trimmings
(combined)
Total
City’s Minimum
Annual Delivery
Requirement Total
Tons
3,632 01,000 0 3,6324,632
City’s Maximum
Annual Delivery
Allowance
Total Tons
4,431 01,500 4,4315,931
832 * The Minimum Annual Delivery Requirement(s) shall be increased to reflect City annexation of any 833 property subsequent to the execution of this Agreement. 834 ** While Source-Separated yard trimmings may be delivered to the Anaerobic Digestion Facility, such 835 material is not included in the tonnage commitment of each jurisdiction. 836 B. Collection Contract Obligations
837 City must include obligations under this Section 4.2 as performance specifications and contractual 838 obligations in an agreement with its Collection Contractor as well as any Permits, licenses or other 839 regulatory instruments allowed under law.
840 1. Delivery of All Acceptable Materials
841 The City or its Collection Contractor must deliver to the Project Site (or other site designated by the 842 County) all Acceptable Materials that it collects under its collection contract with the City. 843 2. Tajiguas Landfill Tip Fee Increase Beginning July 1, 2017 844 Beginning, July 1, 2017, the City agrees to pay a tipping fee increase for disposal of waste at the Tajiguas 845 Landfill at a rate of ninety nine ($99) dollars per ton. The revenue generated by this increase will fund 846 the Jurisdictional Rate Stabilization Fund. For Fiscal year 2019, beginning July 1, 2018, the City agrees to 847 pay a tipping fee of one hundred ten ($110) dollars per ton. For Fiscal Year 2020, beginning July 1, 2019, 848 the County shall establish the Acceptable Materials Charge pursuant to Section 4.3A and the limitations 849 in Section 4.3D shall not apply. The limitations on the amount by which the County may adjust the 850 Acceptable Materials Charge for the upcoming Agreement Year as set forth in Section 4.3D will not take 851 effect until fiscal year 2021 on July 1, 2020. Notwithstanding the above, the Acceptable Material Charge 102
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852 will be set as required by the Bond Documents.
853 3. Monthly Service Payment Requirement Upon Commencement of Operations 854 The City or its Collection Contractor shall pay County a Monthly Service Payment as provided in this 855 Section 4.2.B.3.
856 The Monthly Service Payment is calculated and paid monthly based on the City’s Minimum Annual 857 Delivery Requirement shown in Section 4.2.A multiplied by the applicable Acceptable Materials Charge 858 shown in Section 4.3.A divided by twelve (12). The Monthly Service Payment shall be the monthly 859 amount represented in the following formula.
860 + Acceptable Material Charge
861 x City’s Minimum Annual Delivery Requirement (Total Tons) 862 / 12 months
863 = Monthly Service Payment
864 The Annual Settlement Process, defined in Section 4.3.B, identifies any necessary adjustments to the 865 twelve (12) Monthly Service Payments made for the previous Agreement Year to reflect actual Tonnages 866 delivered and other payments owed to, or by Collection Contractor. Should City’s actual Tonnages 867 delivered during the Agreement Year significantly exceed what would be expected based on the City’s 868 Minimum Annual Delivery Requirement and should this materially affect the County’s cash flow 869 payments to the Service Contractor, or the County’s ability to comply with the Bond Documents, then 870 the Parties shall meet and confer to compensate the County for such an impact and/or adjust the future 871 Minimum Annual Delivery Requirement to minimize the cash flow impact on the County in the future. 872 C. City Agreement to Exercise Collection Contract Remedies 873 If the Collection Contractor does not meet any or all contractual requirements in Section 4.2.B and 874 Section 4.3, City shall exercise any or all remedies available at law or equity under its contract with the 875 Collection Contractor to fulfill such requirements. 876 The failure of the City’s Collection Contractor to pay County any sums due it in accordance with this 877 Agreement and or Uncontrollable Circumstances do not excuse City from its obligation to pay the 878 Monthly Service Payment and/or Acceptable Material Charges for materials that Collection Contractor 879 delivered above the tonnage assumed in the Monthly Service Payment and Service Contractor accepted 880 at Facilities.
881 D. Consent to Changes
882 The City and County acknowledge that changes to the City's collection contracts or programs may 883 negatively impact the costs and revenues of the County and other Public Participants involved with the 884 TRRP. The City may therefore amend its collection contract(s) or collection programs only if the City 885 mitigates all impacts to the County and other Public Participants (including impacts such as reduced 886 revenues to the County, or reduced Current Revenues available for debt service obligations) which may 887 result from such amendments. General examples of “change” include expiration/termination, 888 extension, re-procurement/replacement and amendments to collection agreements. Specific examples 103
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889 of “change” are stopping collection of Source-Separated Recyclable Materials; or delivering Acceptable 890 Materials in a different configuration such as a “Wet/Dry” collection system. The City Administrator, or 891 his or her designee, is authorized to propose and negotiate changes pursuant to this Subsection D 892 subject to the approval of the City Council prior to implementation. 893
894 1. Refuse, Recyclable and Organic Materials Other Than Yard Trimmings 895 If City wishes to propose a change to its collection contract or collection program, concerning materials 896 other than Yard Trimmings, then the City and County shall abide by the following procedures:
897  City shall send County and other Public Participants a written proposal detailing the proposed 898 change(s) to the collection contract. The proposal shall: describe the change(s), identify the 899 timeline for the change(s), identify the anticipated impact(s) of the change(s), and include the 900 methods by which it proposes to use to cause no new current and future negative financial 901 impacts to the County and other Public Participants. The proposal shall be sent to the County 902 and other Public Participants at least twelve (12) months before the intended effective date of 903 the proposed changes, which shall coincide with an Agreement Year. 904  Within ninety (90) days of receipt of City’s proposal, County (which may consult with the Service 905 Contractor) shall (and other Public Participants may) prepare and deliver to City a written 906 response to the proposed change as it relates to the TRRP (Response) including any additional 907 impacts and possible mitigation measures not considered by City but required of the City or the 908 County, to fully mitigate the impact on the County and the other Public Participants and to 909 generate sufficient revenue for the County to meet the requirements of its Bond Documents. 910  Thereafter, the City and County (and as appropriate the other Public Participants and Service 911 Contractor) shall meet, for a period not to exceed six (6) months, to negotiate the terms 912 related to the implementation of City’s requested change (based upon analysis performed by 913 the City, the County, other Public Participants and the Service Contractor). Should the City and 914 County reach agreement, then the City shall implement the change according to their original 915 schedule but not sooner than thirty (30) days following agreement. 916  Should the City and County (and as appropriate the other Public Participants and Service 917 Contractor) not reach agreement, within the six-month negotiating period or upon either party 918 declaring an impasse then within thirty (30) days of reaching impasse, the County (and as 919 appropriate, the Operating Committee) shall submit to the City, the terms related to the City’s 920 requested change to which the County is unable to agree. Once the City receives the list of 921 terms to which the County is unable to agree, the City may submit the points of disagreement 922 to a third party that is mutually agreed upon by the City and County. The third party shall 923 evaluate the points of disagreement and shall develop a set of proposals that would enable the 924 adoption of the City’s requested change while mitigating revenue losses or cost increases 925 related to the proposed change in order to enable the County to continue to meet the 926 requirements of the Bond Documents. The Party submitting the proposal to affect a change 927 shall pay the direct costs for the third party and the City and County will each be responsible 928 for other costs associated with analyzing the proposal. 929  Following the receipt of the third party’s proposals, the City shall have thirty (30) days to elect to 104
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930 proceed with its proposed change in a manner consistent with one of the third party’s 931 proposals or to elect to not implement the change. If the City elects to proceed with the 932 change, the consultant’s proposal shall be binding upon the City and the County. 933
934 2. Yard Trimmings
935 Source-Separated Yard Trimmings are not included in the City’s Minimum Annual Delivery Requirement. 936 Therefore, the City is entitled to direct its Source-Separated yard Trimmings wherever it chooses. 937 Notwithstanding the foregoing, the City acknowledges that if it redirects Source Separated Yard 938 Trimmings out of the Solid Waste System, there may be financial impacts that may affect revenues and 939 thus the County’s commitments under the Bond Documents. Notwithstanding any provisions of this 940 Subsection D to the contrary, the City shall not be required to mitigate these impacts for a period longer 941 than five (5) years from the date of implementing the change. 942
943 Should City wish to direct its Source-Separated Yard Trimmings (which are not included in the City’s 944 Minimum Annual Delivery Requirement) to a facility other than the Tajiguas Landfill, then City and 945 County shall abide by the following procedures:
946
947  City shall send County a written proposal to direct its Source Separated Yard Trimmings to a 948 facility other than the Tajiguas Landfill. The proposal shall: describe the change, identify the 949 timeline for the change, identify the impact(s) of the change, and include the methods by which 950 it proposes to cause no negative financial impacts to the County or other users of the System for 951 a period not to exceed five (5) years. The proposal shall be sent to the County at least twelve 952 (12) months before the intended effective date of the proposed change, which shall coincide 953 with an Agreement Year.
954  Within ninety (90) days of receipt of City’s proposal, County (which may consult with other 955 Public Participants) shall prepare and deliver to City a written response to the proposed change 956 to the Solid Waste System (Response) that includes a fiscal analysis and any additional impacts 957 (meet and confer with labor organizations regarding layoff’s, modification to service contracts, 958 early retirement and sale of equipment, etc.) and possible mitigation measures (e.g., contracting 959 for grinding services) not considered by City but required of the City or the County, to fully 960 mitigate the impact on the County (and other Public Participants) and allow the County to 961 generate sufficient revenue to meet the requirements of the Bond Documents. 962
963  Thereafter, the City and County shall meet, for a period not to exceed sixty (60) days, to 964 negotiate the terms related to the implementation of City’s requested change (based upon the 965 City’s proposal and the County’s Response). Should the City and County reach agreement on 966 proposed mitigations to be implemented by the County, and, if necessary, a schedule of 967 payments by the City to the County to address fiscal impacts, that shall in no case exceed five (5) 968 years, then the City shall provide written notice to County of its intention to implement the 969 proposed change according to its original schedule but not sooner than the following 970 Agreement Year or to withdraw its proposed change.
971
972  Should the City and County not reach agreement after sixty (60) days, City and County shall 973 identify and hire a third party that is mutually agreed upon by the City and County to consider 105
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974 the City’s Proposal and the County’s Response and (1) develop a plan that identifies steps by 975 which the County could decrease costs related to the provision of yard trimming processing and 976 marketing services and a timeline for divestment of equipment, staffing and infrastructure, to 977 which the County shall abide, as well as determining the amount of remaining financial impacts 978 to the County that are not addressed by the plan, and (2) shall provide a schedule of payments 979 that City shall make to County as a condition of the proposed change for up to five (5) years 980 from the date of implementing the change. The Party submitting the proposal to affect a change 981 shall pay the direct costs for the third party.
982
983  Within sixty (60) days following the completion of the third party’s plan, the City shall provide 984 written notice to County of its intention to implement the proposed change which shall coincide 985 with an Agreement Year or to withdraw its proposed change. 986  If the third party’s recommendation requires a change in operations for the County and/or a 987 schedule of payments owed by the City, within three (3) months of receiving City’s notice, the 988 County will be required to begin to implement the operational change. 989  The City will not redirect its yard Trimmings until twelve (12) months have elapsed from the 990 date of Facility Full Operations.
991 4.3 Compensation and Annual Settlement Process
992 A. Acceptable Materials Charge
993 Notwithstanding anything to the contrary contained in this Agreement, each year the County shall 994 establish, and each Public Participant shall contribute (or cause its Collection Contractor to contribute), a 995 per-ton charge (the Acceptable Materials Charge) based on budgeted projections which, in the 996 aggregate, are sufficient to generate Net Revenues and Net Current Revenues (after taking into account 997 revenues from the sale of Recyclable Materials, the proceeds of insurance and Current Revenues and 998 other receipts) in an amount at least equal to all amounts required to be paid or incurred by the County 999 to provide the services set forth in Section 3.1, to meet the requirements of the Bond Documents, and 1000 to replenish any reserves established hereunder.
1001 The County may make adjustments from time to time to such charges, fees and rates and may make 1002 such classification thereof as it deems necessary, but shall not reduce the charges, fees and rates then in 1003 effect unless the Net Revenues and Net Current Revenues from such reduced charges, fees and rates 1004 will at all times be sufficient to meet the requirements set forth above. The parties acknowledge that 1005 the obligation of the County to require each Public Participant to deliver waste to the System and to 1006 remit the Acceptable Materials Charge calculated annually based on budgeted projections is absolute 1007 and unconditional as long as the County performs its obligations under Section 3.1 to receive and 1008 process, treat or dispose of Acceptable Materials, regardless of whether all or any portion of the Facility 1009 (i) is completed by the scheduled completion date, (ii) operates in accordance with the specifications set 1010 forth in the Service Agreement, (iii) generates the products that are identified in the Service Agreement, 1011 (iv) generates products that in fact have an actual market or market value, or (v) achieves diversion 1012 levels consistent with the projections contained in the proforma of the Service Agreement. 1013 B. Annual Settlement Process
1014 The Annual Settlement Process is used to reconcile the Monthly Service Payments paid over a full 106
County of Santa Barbara ARTICLE 4: CITY’S OBLIGATIONS
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1015 Agreement Year with the actual results of operations for the following components:
1016 1. Actual tons delivered by the City to the Project 1017 2. County’s actual results of operations, as described in Exhibit E, for County Service Costs 1018 3. Amounts due to, or receivable from, Service Contractor based on actual TRRP Revenues during 1019 the previous Agreement Year.
1020 4. All other County obligations, including debt service and capital expenditures 1021 The calculated amount due from the City, or payable to the City, will be subject to the Flow of Funds as 1022 presented in Exhibit F.
1023 Within forty-five (45) Days of the conclusion of each Agreement Year, County shall provide City and 1024 Collection Contractor an “Annual Settlement Process Statement.” setting forth the determination of 1025 outstanding payments, amounts due, or financial obligations of the City directly or through its 1026 designated Collection Contractor, with respect to the given Agreement Year. The Annual Settlement 1027 Process Statement shall include a reconciliation of the amount owed, pursuant to Exhibit E, with the 1028 amounts actually paid by City or Collection Contractor with respect to the given Agreement Year 1029 including tonnage of material delivered by type, TRRP revenues from the Contractor and allocated to the 1030 City, and the statement of any necessary contributions to the Jurisdictional Rate Stabilization Fund. The 1031 Annual Settlement Process Statement shall also identify any excess reserves due and payable to the City. 1032 In the event that City desires to review or contest the contents of the Annual Settlement Process 1033 Statement, within thirty (30) days of receipt of the Statement, City may request to meet with County, 1034 and County shall arrange to meet with City within thirty (30) Days of City request. If there continues to 1035 be a difference between the County’s and City’s calculation of the amounts due, the Parties will meet 1036 and confer to resolve their differences for a period of not more than thirty (30) days. The obligation to 1037 have such a meeting does not confer on the City a right to revise or stop the settlement payment. If 1038 there is not a dispute, the amount due from either Party will be paid within forty five (45) days of 1039 receiving or sending the Statement. If there is a dispute and if the Certificates issued for the Facility 1040 financing are outstanding the Parties shall use the process described in Section 5.2 below; if the 1041 Certificates issued for the Facility financing are not outstanding then the Parties shall use the process 1042 described in Section 5.3 below.
1043 C. Exceedance of Maximum Annual Delivery Allowance 1044 1. Should the Tonnage attributable to the City that can be delivered to the Facility exceed the 1045 City’s Maximum Annual Delivery Allowance but not cause the Facility to exceed its Maximum 1046 Facility Capacity, the County, City, and other Public Participants shall meet to determine, 1047 under what terms the City may deliver the Excess Tonnage. 1048 2. Should the Tonnage attributable to the Public Participants that can be delivered to the 1049 Facility exceed the Maximum Facility Capacity, the County, Public Participants, and Service 1050 Contractor shall meet to determine if the Service Contactor can accommodate the Excess 1051 Tonnage, and if so at what adjustment to the Acceptable Materials Charge. County and City 1052 shall meet to determine what other adjustments might be made to the Acceptable Material 1053 Charge (e.g., a reduction to the annual debt service component of the Acceptable Material 1054 Charge). If the County and City agree, then the City may deliver the Excess Tonnage to the 107
County of Santa Barbara ARTICLE 4: CITY’S OBLIGATIONS
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1055 Facility.
1056 D. Adjustments
1057 Each January, the County will distribute a draft Annual Budget for the System. The Annual Budget will 1058 contain an estimate of the Current Revenues and System Costs payable from Current Revenues for the 1059 ensuing Agreement Year, (beginning on the upcoming July 1). The Annual Budget will disaggregate the 1060 cost and revenue components into four categories including 1) Contractor cost, 2) debt service cost 1061 including the debt coverage amount required as defined in the Bond Documents, 3) County Service Cost, 1062 and 4) Other County Costs (that will not be a component of the Acceptable Material Charge for the 1063 Facility). The Annual Budget will also contain an estimate of the amount of Acceptable Materials 1064 expected to be delivered to the System in such Agreement Year, and the resulting Acceptable Materials 1065 Charge required to be imposed in order for the County to meet the requirements of the Bond 1066 Documents.
1067
1068 Beginning in fiscal year 2021, beginning July 1, 2020, in the case of any financial shortfalls (either higher 1069 than projected costs or lower than projected revenues) related to the Facility, the replenishment of 1070 funds by the jurisdictions shall only be included as part of the annual budget process pursuant to the 1071 limitations discussed below.
1072 1. If the proposed change in the Acceptable Materials Charge is equal to or less than seven and 1073 one-half percent (7.5%), the City shall adjust collection rates a commensurate amount and 1074 direct its Collection Contractor to pay the corresponding Monthly Service Payment effective 1075 the following Agreement Year. In no case shall the Acceptable Materials Charge be adjusted 1076 by a negative value. If the calculated adjustment is a negative value, the adjustment shall be 1077 set to “one” (1). For example, if the Acceptable Material Charge is $116 per ton and the 1078 calculated adjustment was - 0.3 percent, then the $116 per ton would be multiplied by 1 and 1079 result in $116 per ton.
1080 2. If the change in the Acceptable Materials Charge is greater than seven and one-half percent 1081 (7.5%), or the cumulative adjustments total fifteen percent (15%) or more in the past three 1082 (3) consecutive years, and if two-thirds of the Public Participants representing at least 1083 two-thirds of the annual amount of Acceptable Materials delivered during the previous year 1084 object to the rates proposed by the County, the Operating Committee shall be convened 1085 (within 30 days of receipt of Annual Budget) and shall be charged with establishing rates 1086 sufficient to generate (after taking into account revenues from the sale of Recyclable 1087 Materials, the proceeds of insurance and other receipts), Net Current Revenues during each 1088 Agreement Year equal to 100% of Debt Service for such Agreement Year, Net Revenues 1089 during each Agreement Year equal to fifty percent (50%) of the Debt Service for such 1090 Agreement Year plus, in each case, all other amounts required to be paid by the County to 1091 provide the services set forth in Section 3.1 and to meet the requirements of the Bond 1092 Documents.
1093 3. If two-thirds of the Operating Committee representing at least two-thirds of the annual 1094 amount of Acceptable Materials delivered during the previous year vote to adopt the rates 1095 proposed by the Operating Committee, such rates shall be utilized. If two-thirds of the 1096 Operating Committee representing at least two-thirds of the annual amount of Acceptable 1097 Materials delivered during the previous year do not approve such alternate rates, or should 1098 the alternate rates not be approved by two-thirds of the Operating Committee within forty 108
County of Santa Barbara ARTICLE 4: CITY’S OBLIGATIONS
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1099 five (45) Days of convening the Operating Committee, then the initial rates proposed by the 1100 County shall be approved. The resolution of the Acceptable Materials Charge must be 1101 complete by April 1 of the preceding Agreement Year before its effective date. 1102
1103
109
County of Santa Barbara ARTICLE 5: SUSPENSION AND TERMINATION Materials Delivery Commitment & Processing Services Agreement November 17, 2016 31 HF&H Consultants, LLC
1104
1105 ARTICLE 5: SUSPENSION AND TERMINATION
1106 5.1 Notice of Default
1107 Should either Party default in the performance of Articles 3 or 4 of this Agreement or materially breach 1108 any of its provisions, except as the result of an uncontrollable circumstance, the Party claiming such 1109 default shall provide the Party a notice of default to the Party claimed to have defaulted. In such Notice, 1110 the Party claiming such default, shall provide a description of the specific incidents giving rise to such 1111 default or breach and identify the requested cure. Upon receipt of notice, the Party claimed to be in 1112 default shall notify the Party claiming such default as to the status of its performance. Thereafter, the 1113 Parties shall meet and confer in an attempt to remedy such incidents. 1114 5.2 Resolution When Facility Financing Certificate(s) Outstanding 1115 While the Certificates for the Facility financing are outstanding, the only remedy for default shall be 1116 specific performance and there shall be no suspension or termination of the Agreement. If the Parties 1117 cannot agree on such remedies and the claimed default or breach occurs while any Certificates issued 1118 for the financing of the Facility are outstanding, the matter shall be submitted to binding arbitration 1119 using an independent arbitrator. If either Party wishes to select an arbitrator, each Party shall prepare a 1120 separate list of five (5) independent arbitrators having experience, as applicable in the Development of, 1121 or operation of similar solid waste-related facilities, in numerical order with the first preference at the 1122 top, and exchange and compare lists. The independent arbitrator ranking highest on the two (2) lists by 1123 having the lowest total rank order position on the two (2) lists shall be the Independent Arbitrator. In 1124 case of a tie in scores, the Independent Arbitrator having the smallest difference between the rankings 1125 of the two (2) Parties shall be selected; other ties shall be determined by a coin toss. If no independent 1126 arbitrator appears on both lists, this procedure shall be repeated. If selection is not completed after the 1127 exchange of three (3) lists or sixty (60) Days, whichever comes first, then each Party shall select one 1128 independent arbitrator having experience described above and the two (2) arbitrators so selected shall 1129 together select an Independent Arbitrator. The Independent Arbitrator shall make its determination 1130 based on the submissions of the Parties, the provisions hereof, and other factual determinations it may 1131 make regarding the matter in dispute, but in any case such determination must not adversely impact the 1132 County’s ability to comply with the terms of the Bond Documents. The determination of the 1133 Independent Arbitrator shall be binding. The Parties shall share the costs of the Independent Arbitrator 1134 equally for the first three dispute resolutions brought in any twelve (12) month period commencing on 1135 July 1, and thereafter shall be borne by the loser, as determined by the Independent Arbitrator. 1136 5.3 Resolution When Facility Financing Certificate (s) Not Outstanding 1137 If the Parties cannot agree on such remedies and the claimed default or breach does not occur during 1138 the period when any Certificates issued for the financing of the Facility are outstanding, the Parties may 1139 exercise any legal rights they have under the Agreement and under Applicable Law, including to secure 1140 specific performance.
110
County of Santa Barbara ARTICLE 6: RECORDS AND REPORTS
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1141
1142 ARTICLE 6: RECORDS AND REPORTS
1143 6.1 Records
1144 A. Contents
1145 County will keep records of its administration and enforcement of the Service Agreement. An example 1146 is Tonnage of each type of Acceptable Material that the City delivers to the TRRP, as well as aggregate 1147 Tonnage of materials delivered on a Spot-Market Materials basis to the TRRP. 1148 B. Access
1149 Upon City request, County shall make operational and business records (including scale house data) 1150 available to City during Landfill hours, and shall provide on-line access or printed copies of records as 1151 described in 3.4.B.
1152 6.2 Reports
1153 County will report to City on administration and enforcement of the Service Agreement. An example is a 1154 report on results of the Annual Settlement Process. 111
County of Santa Barbara ARTICLE 7: ENFORCEMENT
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1155
1156 ARTICLE 7: ENFORCEMENT
1157 7.1 Enforcement
1158 A. Law and Equity
1159 If either County or City does not meet its obligations under this Agreement, the other Party may exercise 1160 any and all available remedies under law and equity, including specific performance. Specific 1161 performance is an appropriate remedy to enforce City’s obligation to deliver Acceptable Materials to the 1162 TRRP, for the same reasons described under Section 4.2.C above with respect to the Collection 1163 Contractor.
1164 B. Shortfall Charges
1165 If City does not meet its City’s Minimum Annual Delivery Requirement it will pay any consequent City’s 1166 Shortfall Charge within thirty (30) Days of County request, including payment by its Collection 1167 Contractor. County may do either or both of the following:
1168 1. Deduct the Shortfall Charge or any other money that City owes the County from any TRRP 1169 Revenue shares that the County owes City, or
1170 2. Exercise any other remedy under Section 7.1.A, above. 1171 7.2 Uncontrollable Circumstances
1172 A. General
1173 Either Party’s failure to meet its contract obligations, other than the payment of money such as the 1174 Shortfall Charge, will not be deemed an event of default if all of the following conditions are met:
1175 1. The event of default is caused by Uncontrollable Circumstances; 1176 2. The event of default is explicitly subject to Uncontrollable Circumstances under this Agreement; 1177 and,
1178 3. The party relying on the Uncontrollable Circumstance exerted Reasonable Business Efforts to 1179 prevent the occurrence and mitigate the effects of the Uncontrollable Circumstance. 1180 Despite a Party claiming that an Uncontrollable Circumstance prevents it from fulfilling its obligations, 1181 such Party shall remedy the problem and perform its obligations as soon as possible. 1182 B. Notice
1183 The Party experiencing an Uncontrollable Circumstance will give immediate Notice to the other Party, 1184 including all of the following:
1185 1. Describing performance under this Agreement for which it seeks to be excused; 1186 2. The expected duration of the Uncontrollable Circumstance; 1187 3. The extent to which Agreement Services may be curtailed; and, 112
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1188 4. Any requests or suggestions to mitigate the adverse effects of the Uncontrollable Circumstance. 1189 7.3 Jurisdiction, Venue, Service of Process
1190 A. Exclusive State Court Jurisdiction
1191 County and City will bring any lawsuits arising out of this Agreement in State courts, which will have 1192 exclusive jurisdiction over the lawsuits.
1193 B. Venue
1194 Venue is made and will be performed in courts sitting in the County of Santa Barbara. 1195 C. Location
1196 County and City will conduct any other hearing or action (such as mediation or arbitration), of whatever 1197 nature or kind regarding this Agreement, in the City of Santa Barbara. 1198 D. Service of Process
1199 County and City will accept service of process at the address where they receive Notices. 1200 7.4 Governing Law
1201 This Agreement is governed by, and construed and enforced under, the laws of the State of California, 1202 without giving effect to the State's principles of conflicts of laws. 1203 7.5 Costs
1204 Subsequent to a judicial decision upholding the complaining Party’s complaint, the other Party will pay 1205 the complaining Party’s Reimbursement Costs reasonably incurred to enforce its rights or exercise its 1206 remedies for the other Party’s failure to meet its obligations under this Agreement. This obligation is a 1207 general, not limited or special, obligation of each Party. 113
County of Santa Barbara ARTICLE 8: ASSIGNMENT
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1208
1209 ARTICLE 8: ASSIGNMENT
1210 8.1 Assignment
1211 Neither Party shall Assign its rights nor delegate or otherwise transfer its obligations under this 1212 Agreement to any other Person without the prior written consent of the other Party to the Assignment. 1213 Any such Assignment made without the consent of the other Party shall be void and the attempted 1214 Assignment shall constitute a material breach of this Agreement. 114
County of Santa Barbara ARTICLE 9: MISCELLANEOUS PROVISIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 36 HF&H Consultants, LLC
1215
1216 ARTICLE 9: MISCELLANEOUS PROVISIONS
1217 9.1 Entire Agreement
1218 This Agreement contains the entire agreement between the Parties with respect to their rights and 1219 obligations under this Agreement, including the enforcement and administration of this Agreement. 1220 This Agreement supersedes all prior understandings and agreements between the Parties with respect 1221 to their rights and obligations, including those contained in drafts, memorandums, correspondence, 1222 telephone calls, meetings and their respective County Board and City Council sessions. 1223 However, if words defined in this Agreement conflict with definitions in the Service Agreement, the 1224 definition under the Service Agreement governs.
1225 9.2 Amendments
1226 The Parties may make changes in this Agreement after the Effective Date, effective only upon signing a 1227 written amendment to this Agreement.
1228 9.3 Severability
1229 A. Court Rulings Generally
1230 If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or 1231 unenforceable in any respect, then such provision or provisions shall be deemed severable from the 1232 remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other 1233 provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable 1234 provision had never been contained herein.
1235 B. Court Rulings: Delivering Materials to TRRP
1236 However, in the ruling of invalidity, illegality, non-binding nature or unenforceability of any Agreement 1237 Provision, under Section 9.3.A, with respect to the City’s Minimum Annual Delivery Requirements, 1238 obligations of County, or obligations of City’s Collection Contractor to deliver materials to the TRRP; then 1239 the County Board of Supervisors may, in its sole discretion, do any of the following:
1240 1. Accept the ruling without deleting or enforcing that Agreement Provision; 1241 2. Delete that Agreement Provision and construe and enforce this Agreement under this Section; 1242 or,
1243 3. Terminate this Agreement if Service Contractor accedes. 1244 9.4 Interpretation
1245 City acknowledges the following:
1246 1. It commented on the form of this Agreement with advice of its attorneys. 1247 2. It entered into this Agreement upon its own choice and initiative, in order to meet its goals 1248 described in the Recitals above.
115
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1249 3. It agrees that no one can construe any provision in this Agreement against County solely 1250 because County prepared this Agreement in its executed form. 1251 4. It understands that this Agreement is an essential aspect of the Certificate financing process, 1252 and agrees to cooperate in providing information required for the financing process, including 1253 information for the official statement and rating process. 1254 County represents and warrants as follows:
1255 a. It has reviewed and commented upon this Agreement with advice of its attorneys. 1256 b. It entered into this Agreement upon its own choice and initiative, in order to meet its goals 1257 described in the Recitals above.
1258 Therefore, this Agreement must be interpreted and construed reasonably and neither for nor against 1259 either Party, regardless of the degree to which had either Party participated in its drafting. 1260 9.5 Timely Performance
1261 A. Specified Days on Weekdays
1262 1. Performance
1263 If a Party must perform an obligation under this Agreement within a specified number of Days, and the 1264 last Day falls on a weekend or holiday, the obligated Party may perform that obligation on the next 1265 weekday following the weekend or holiday. For example, if City must provide documentation to County within thirty (30) Days of County request and the 30th 1266 Day falls on a Sunday, City must give County the 1267 documentation by the next Day, Monday.
1268 2. Counting
1269 Each calendar Day is counted when determining the last Day of the specified number of Days. For 1270 example, if County must provide documentation to City within one (1) week of City’s request on a 1271 Friday, City must give County the documentation by the next Friday. 1272 B. Specified Hours on Any Day
1273 If a Party must perform an obligation under this Agreement at a specified time, in any of the following 1274 events the obligated Party must perform that obligation within the specified time, even if the time for 1275 performance falls on a weekend or holiday:
1276 1. The specified time is measured in hours;
1277 2. The County specifies the time (for example, on a Saturday even though performance would 1278 otherwise occur on Monday); or,
1279 3. County determines that there is a threat to public health or safety. 1280 9.6 Notices, Etcetera
1281 A. Location
1282 Parties must give Notices at the addresses that they identify in Exhibit A. 116
County of Santa Barbara ARTICLE 9: MISCELLANEOUS PROVISIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 38 HF&H Consultants, LLC
1283 B. Notice
1284 Parties may give Notices such as Notice of default, only by any of the following ways:
1285 1. Email or facsimile followed as soon as possible (but no more than two (2) Days) by personal or 1286 mailed delivery;
1287 2. Personal delivery to County Agreement Representative or City Agreement Representative; 1288 3. Deposit in the United States mail first class postage prepaid (certified mail, return receipt 1289 requested); or,
1290 4. Commercial delivery service providing delivery verification. 1291 C. “Notice”
1292 Parties may give “notice” (not capitalized) by either Party of a routine administrative issue (such as 1293 results of the Annual Settlement Process or date of a County Board meeting) orally (for example, by 1294 telephone or computerized communication); and electronically (for example, by email). 1295 D. Change of Address
1296 Parties may change their address for Notice upon giving a Notice to that effect to the other Party. 1297 9.7 Writing
1298 Parties must make all of the following in writing unless oral communication is explicitly allowed:
1299  requests, demands, orders, directions,
1300  acceptances, consents, approvals, agreements,
1301  waivers,
1302  exercise of options or rights, selections,
1303  proposals,
1304  reports, and
1305  acknowledgments, certifications, representations and warranties. 1306 Explicit reference to “written” or “writing” with respect to any one communication does not imply that 1307 other communications without explicit reference to writing may be oral. “Writing” includes any means 1308 of printed language, including hard copy and emails. 1309 9.8 Exercise of Options
1310 Parties exercise of any approval, disapproval, option, discretion, satisfaction, determination, election, 1311 consent or choice under this Agreement is deemed reasonable, unless this Agreement specifically 1312 provides otherwise, such as in a Party's “independent”, “sole”, “exclusive” or “absolute” “control”, 1313 “judgment”, or “discretion”.
1314 9.9 Parties’ Agreement Representatives
117
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1315 A. County Agreement Representative
1316 1. Named
1317 On the Effective Date, the County Agreement Representative is the Deputy Director of the County Public 1318 Works Department (Resource Recovery and Waste Management Division). The Deputy Director’s 1319 address is listed in Exhibit B.
1320 2. Authority
1321 County authorizes the County Agreement Representative to act on behalf of County in the 1322 administration of this Agreement, unless it specifically names another individual. By signing this 1323 Agreement, County delegates to County Agreement Representative the authority to exercise County 1324 rights, remedies and options under this Agreement and administer this Agreement, except with respect 1325 to:
1326 a. Extending the term;
1327 b. Suspending or terminating this Agreement;
1328 c. Approving or disapproving Assignment or transfer of this Agreement; and, 1329 d. Exercising any delegation of authority contrary to law. 1330 B. City Agreement Representative
1331 1. Named
1332 City will name its City Agreement Representative by Notice to the County. 1333 2. Authority
1334 City authorizes City Agreement Representative to act on behalf of the City under this Agreement. 1335 County may assume that City has delegated its City Agreement Representative to exercise rights, 1336 remedies and options under this Agreement and administer this Agreement. 1337 9.10 Signing Multiple Copies
1338 The Parties may sign any number of copies of this Agreement. All signed copies are deemed to be one 1339 Agreement.
1340 9.11 Authority to Sign
1341 A. County
1342 The County warrants that it duly authorized the officers listed below to sign this Agreement on behalf of 1343 County.
1344 B. City
1345 The City warrants that it duly authorized the individuals listed below to sign this Agreement on behalf of 1346 City.
1347
118
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1348
1349 IN WITNESS WHEREOF, the Parties have executed this Contract to be effective on the date 1350 executed by COUNTY.
1351
1352 ATTEST: COUNTY OF SANTA BARBARA:
1353 Mona Miyasato
1354 County Executive Officer
1355 Clerk of the Board
1356
1357 By:______________________ By:_______________________ 1358 Deputy Clerk Chair, Board of Supervisors
1359
1360 Date:____________________
1361 RECOMMENDED FOR APPROVAL:
1362 Santa Barbara County Public Works
1363 Department
1364
1365 By:______________________
1366 Scott D. McGolpin
1367 Public Works Director
1368
1369 APPROVED AS TO FORM: APPROVED AS TO ACCOUNTING FORM:
1370 Michael C. GhizzoniRachel van Mullem Theodore A. FallatiBetsy M. 1371 Schaffer, CPA
1372 County Counsel Auditor-Controller
1373
1374 By:______________________ By:______________________ 1375 Deputy County Counsel Deputy
1376
1377 APPROVED AS TO FORM:
1378
1379 Risk Management
1380
1381 By:______________________
1382 Risk Management
119
County of Santa Barbara ARTICLE 9: MISCELLANEOUS PROVISIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 41 HF&H Consultants, LLC
1383
1384 ATTEST: CITY OF BUELLTON
1385 CITY CLERK
1386 By: __________________________ By: __________________________ 1387 [INSERT NAME] Mayor
1388 [INSERT NAME]
1389 Date: ________________________
1390 APPROVED AS TO FORM:
1391 CITY ATTORNEY
1392 By: __________________________
1393 [INSERT NAME]
120
County of Santa Barbara ARTICLE 9: MISCELLANEOUS PROVISIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 42 HF&H Consultants, LLC
1394
1395 ATTEST: CITY OF GOLETA
1396 CITY CLERK
1397 By: __________________________ By: __________________________ 1398 [INSERT NAME] Mayor
1399 [INSERT NAME]
1400 Date: ________________________
1401 APPROVED AS TO FORM:
1402 CITY ATTORNEY
1403 By: __________________________
1404 [INSERT NAME]
121
County of Santa Barbara ARTICLE 9: MISCELLANEOUS PROVISIONS Materials Delivery Commitment & Processing Services Agreement November 17, 2016 43 HF&H Consultants, LLC
1405
1406 ATTEST: CITY OF SANTA BARBARA
1407
1408 By: __________________________ By: __________________________ 1409 Sarah Gorman Paul Casey
1410 City Clerk Services Manager City Administrator
1411
1412
1413
1414 Date: ________________________
1415
1416
1417 APPROVED AS TO CONTENT:
1418
1419
1420 By: _________________________
1421 Robert Samario
1422 Finance Director
1423
1424 APPROVED AS TO FORM:
1425 Ariel Pierre Calonne
1426 City Attorney
1427
1428
1429 By: __________________________
1430
1431
122
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1432
1433
1434 ATTEST: CITY OF SOLVANG
1435 CITY CLERK
1436 By: __________________________ By: __________________________ 1437 [INSERT NAME] Mayor
1438 [INSERT NAME]
1439 Date: ________________________
1440 APPROVED AS TO FORM:
1441 CITY ATTORNEY
1442 By: __________________________
1443 [INSERT NAME]
123
EXHIBIT A:

ADDRESSES FOR NOTICES
November 17, 2016 A-1 HF&H Consultants, LLC
1444 [to come]
1445 Parties may change their representative following Notice to the other Party. 1446 Acknowledgment: City has submitted, and County has received, the attached address for giving 1447 Notice under this Agreement on the later of the following dates:
1448  the Effective Date, as evidenced by each of their signatures on this Agreement, or 1449  with respect to subsequent changes, the following date, as evidenced by their following 1450 signatures :
1451 Date: _________________________________________
1452 County: _________________________________________
124
EXHIBIT B:

COMMUNICATIONS
November 17, 2016 B-1 HF&H Consultants, LLC
1453 A. County Agreement Representative
Name Mark SchleichLeslie Wells
Deputy Director of Public Works
(Resource Recovery and Waste Management Division)
telephone number 805 882-3600
e-mail address [email protected]:[email protected] mailing address County of Santa Barbara
Resource Recovery and Waste Management Division
130 East Victoria St., Suite 100
Santa Barbara, CA 93101
County office address Same as mailing address
1454 County may change its representative following Notice to City. 1455 Acknowledgment: County has submitted, and City has received, the attached identification of 1456 County Agreement Representative on the later of the following dates:
1457  the Effective Date, as evidenced by each of their signatures on the Agreement, or 1458  with respect to subsequent changes, the following date, as evidenced by their following 1459 signatures :
1460 Date: _________________________________________
1461 County: _________________________________________
1462 City: _________________________________________
125
EXHIBIT B:

COMMUNICATIONS
November 17, 2016 B-2 HF&H Consultants, LLC
1463 B. City Agreement Representative
Name
Telephone number
e-mail address
Mailing address
County office address
1464 The City may change any of this information following Notice to County. 1465 Acknowledgment: The City named above has submitted, and the County has received, the attached 1466 documentation on the later of the following dates:
1467  the Effective Date, as evidenced each of their signatures on the Agreement, or 1468  with respect to subsequent changes, the following date, as evidenced by their following 1469 signatures :
1470 Date: _________________________________________
1471 City: _________________________________________
1472 County: _________________________________________
126
EXHIBIT C:

COLLECTION FRANCHISE OR OTHER PROOF OF
DELIVERY OBLIGATION
November 17, 2016 C-1 HF&H Consultants, LLC
1473 [to be attached to signed copy of this Agreement]
127
EXHIBIT D:

JURISDICTIONAL RATE STABILIZATION FUND DIVIDEND
SAMPLE CALCULATION
November 17, 2016 D-1 HF&H Consultants, LLC
Assumptions: Surplus funds $500,000
MSW eq MSW = 1
CSSR = 2
SSOWfw = 0.25
Actual Tonnage Received by TRRP City A City B City C City D County Total MSW 400 150 50 50 350 1,000
CSSR 32 33 6 4 25 100
SSOWfw 15 2 - - 3 20
Equavilant Tonnage Received City A City B City C City D County Total MSW 400 150 50 50 350 1,000
CSSR 64 66 12 8 50 200
SSOWfw 4 1 - - 1 5
Total 468 217 62 58 401 1,205
Dividend Calculation City A City B City C City D County Total Percent 38.82% 17.97% 5.15% 4.81% 33.26% 100.00%
Amount $194,087 $89,834 $25,726 $24,066 $166,286 $500,000 Sample Dividend Calculation of Jurisdictional Rate Stability Fund 1474
128
EXHIBIT E:

EXAMPLE CALCULATION
OF COUNTY SERVICE COSTS DUE FROM PROJECT

PARTICIPANTS
November 17, 2016 E-1 HF&H Consultants, LLC
1475
1476 The purpose of Exhibit E is to set forth a methodology to determine the actual revenues and expenses 1477 incurred by the County for Solid Waste Management Services (Section 3.1) in connection with the 1478 Annual Settlement Process.
1479
1480 Each fiscal year the County will prepare a budget for the Solid Waste Management Services to be 1481 provided to Public Participants by the County and will make it available for review by the City prior to 1482 approval by the County Board of Supervisors. The budget will also include the estimate of overhead to 1483 be allocated to County Service Costs for the fiscal year. The Board of Supervisors will consider the 1484 Department’s budget in June as part of their budget deliberations. Once approved, the County Service 1485 Cost will be included as part of the Acceptable Material Charge. 1486
1487 At the end of each fiscal year, the County will calculate the actual revenues and expenses incurred from 1488 the completed fiscal year including the allocation of Department, Divisional and Operational Overhead 1489 for County Service Costs. Closure, post-closure or regulatory fees will be excluded from the basis of 1490 calculation of overhead for County Service Costs. Prior debt obligations and capital improvements as 1491 shown on Exhibit F will not be part of this calculation as they are accounted for after calculating the 1492 Surplus Fund.
1493
1494 A review at the request of the City was performed by MSW Consultants to understand the process and 1495 procedures used by the County for determining the final revenues and expenses attributable to the City 1496 for the Solid Waste Management Services provided by the County. The calculation below is an example 1497 of the methodology used to determine the County Service Costs; however, the numbers provided in 1498 this Exhibit E have not been verified by the County. This process shall be as shown below. 1499
1500 The County’s Service Cost portion of the overall Solid Waste Management Services will be comprised of 1501 the expenses incurred in, and properly allocated to, the four (4) programs in the Solid Waste Enterprise 1502 Fund budget shown in Table 1.
1503
1504 Table 1 – County Budget Programs Attributable to County Service Cost Program
Number Name
1101 South Coast Transfer Station
1200 Tajiguas Landfill
1301 Santa Ynez Valley Transfer Station
1850 TRRP Contract Management
1505
1506 The County will only record expenses into these programs that are related to the County Service Costs. 1507 For example, the County will not record any expenses related to greenwaste handling into any of these 1508 programs, but segregate all greenwaste costs into a single program designated for greenwaste. 129
EXHIBIT E:

EXAMPLE CALCULATION
OF COUNTY SERVICE COSTS DUE FROM PROJECT

PARTICIPANTS
November 17, 2016 E-2 HF&H Consultants, LLC
1509 Additionally, the County will record any recycling expenses that were previously booked into Program 1510 1133 (Recycling Operations) into the program to which they are directly related (e.g., SCRTS, 1511 greenwaste, etc.).
1512
1513 The County will allocate its divisional administrative costs pursuant to the method shown further below. 1514
1515 Table 2 – Allocation of Divisional Administrative Costs 1516

A B C D E F G
Costs Recorded
in County's
Financial System
Deduct Amounts
for Programs to
which Overhead
is not Allocated
Amounts Upon
Which
Administrative
Overhead is
Allocated (1)
Administrative
Overhead
Allocation
Percent (2)
Allocated
Administrative
Overhead (3)
Add Back
Amounts from
Programs to
which Overhead
is not Allocated
(4)
Program Costs
After
Administrative
Overhead
Allocation (5)
1050 Administration $2,658,337 ($2,658,337) $0 0.00% $0 $0 1055 Ballard 0 0 0.00% 0 0
1101 SCRTS 2,445,799 2,445,799 15.77% 419,220 2,865,019 1122 Shop 817,655 817,655 5.27% 140,094 957,749
1133 Recycle 0 0 0.00% 0 0
TBD Greenwaste 960,634 960,634 6.19% 164,551 1,125,185
1200 Tajiguas 2,852,227 2,852,227 18.39% 488,868 3,341,095 1301 SYVRTS 684,217 684,217 4.41% 117,233 801,450
1401 New Cuyama 175,282 175,282 1.13% 30,039 205,321
1650 Operations OH 1,240,709 1,240,709 8.00% 212,667 1,453,376 1700 Closed Landfills 470,885 (470,885) 0 0.00% 0 470,885 470,885 1750 Engineering 0 0 0.00% 0 0
1850 TRRP Contract Mgmt. 3,117,756 3,117,756 20.10% 534,326 3,652,082 (6) CPC and Reg. Fees 1,113,183 (1,113,183) 0 0.00% 0 1,113,183 1,113,183 1950 CMM $3,217,470 $3,217,470 20.74% $551,339 $3,768,809 ____________ ____________ ____________ ____________ ____________ ____________ ____________ Total $19,754,154 ($4,242,405) $15,511,749 100.00% $2,658,337 $1,584,068 $19,754,154 (1) Column A plus column B.
(2) Percentages based on amounts in column C.
(3) Administrative overhead from Program 1100 allocated based on percentages in Column D. (4) Add back amounts from Column B.
(5) Sum of Columns C, E and F.
(6) Included in Program 1200; segregated for purposes of allocating Administration costs.

Program
Column:
1517
1518
1519
1520
1521
1522
1523
130
EXHIBIT E:

EXAMPLE CALCULATION
OF COUNTY SERVICE COSTS DUE FROM PROJECT

PARTICIPANTS
November 17, 2016 E-3 HF&H Consultants, LLC
1524 The County shall allocate its divisional shop and operational overhead pursuant to the method shown 1525 below in Table 3.
1526
1527 Table 3 – Allocation of Divisional Shop and Operational Overhead

A B C D E F G
Program Costs
After
Administrative
Overhead
Allocation (1)
Deduct Amounts
from Programs
to Which Shop
or Operational
Overhead is not
Allocated (2)
Amounts Upon
Which
Administrative
Overhead is
Allocated (3)
Shop and
Operational
Overhead
Allocation
Percent (4)
Allocated Shop
and Operational
Overhead
Amounts (5)
Add Back
Amounts on
Which Shop and
Operational
Overhead is not
Calculated (6)
Program Costs
After Shop and
Operational
Overhead
Allocation (7)
1050 Administration $0 0.00% 0 0
1055 Ballard 0 0.00% 0 0
1101 SCRTS 2,865,019 2,865,019 34.36% 828,479 3,693,498 1122 Shop 957,749 (957,749) 0 0.00% 0 0
1133 Recycle 0 0 0.00% 0 0
TBD Greenwaste 1,125,185 1,125,185 13.49% 325,370 1,450,555 1200 Tajiguas 3,341,095 3,341,095 40.07% 966,147 4,307,242 1301 SYVRTS 801,450 801,450 9.61% 231,756 1,033,206
1401 New Cuyama 205,321 205,321 2.46% 59,373 264,694
1650 Operations OH 1,453,376 (1,453,376) 0 0.00% 0 0
1700 Closed Landfills 470,885 (470,885) 0 0.00% 0 470,885 470,885 1750 Engineering 0 0 0 0.00% 0 0 0
1850 TRRP Contract Mgmt. 3,652,082 (3,652,082) 0 0.00% 0 3,652,082 3,652,082 (8) CPC and Reg. Fees 1,113,183 (1,113,183) 0 0.00% 0 1,113,183 1,113,183 1950 CMM $3,768,809 ($3,768,809) $0 0.00% 0 3,768,809 3,768,809 ____________ ____________ ____________ ____________ ____________ ____________ ____________ Total $19,754,154 ($11,416,084) $8,338,070 100.00% $2,411,125 $9,004,959 $19,754,154 (1) From Column G of Table 2.
(2) Exclude costs that do not drive Shop or Operational Overhead Costs. (3) Column A less Column B. Basis for allocation percentages in Column D. (4) Percent of total in Column C.
(5) Sum of Program 1122 (Shop) and Program 1650 (Operational Overhead) allocated based on percentages in Column D. (6) Add back amounts in Column B other than Shop and Operational Overhead. (7) Sum of amounts in Columns C, E and F.
(8) Included in Program 1200; segregated for purposes of allocating Shop and Operational Overhead costs.

Program
Column:
1528
1529
1530
1531
1532
1533
1534
1535
1536
1537
1538
1539
131
EXHIBIT E:

EXAMPLE CALCULATION
OF COUNTY SERVICE COSTS DUE FROM PROJECT

PARTICIPANTS
November 17, 2016 E-4 HF&H Consultants, LLC
1540 After the previously described allocations have been made, the County’s Service Cost will be the sum of 1541 the programs shown below in Column C in Table 4.
1542
1543 Table 4 – Determination of County Service Cost
A B C
Program Costs
After Shop and
Operational
Overhead
Allocation (1)
Non-TRRP
Related Costs (2)
County Service
Cost (3)
1050 Administration 0
1055 Ballard 0
1101 SCRTS 3,693,498 3,693,498
1122 Shop 0
1133 Recycle 0
TBD Greenwaste 1,450,555 1,450,555
1200 Tajiguas 4,307,242 4,307,242
1301 SYVRTS 1,033,206 1,033,206
1401 New Cuyama 264,694 264,694
1650 Operations OH 0
1700 Closed Landfills 470,885 470,885
1750 Engineering 0 0
1850 TRRP Contract Mgmt. 3,652,082 3,652,082
(4) CPC and Reg. Fees 1,113,183 1,113,183
1950 CMM 3,768,809 3,768,809
____________
Total $19,754,154 $5,954,943 $13,799,210
(1) From Column G of Table 3.
(2) Programs not related to the Project.
(3) Programs related to the Project.
(4) Included in Program 1200.

Column:

Program
1544 .
1545
1546
1547
132
EXHIBIT E:

EXAMPLE CALCULATION
OF COUNTY SERVICE COSTS DUE FROM PROJECT

PARTICIPANTS
November 17, 2016 E-5 HF&H Consultants, LLC
1548 An example of the Revenue from Other Users is shown below in in 5. 1549 Table 5 – Revenue From Other Users
Column: A B C D E
Facility: SCRTS SYVTS Tajiguas
Resource
Recovery
Facility
Total
Annual Tons - Other Users
MarBorg Residuals 53,291 53,291
Self-haul 12,000 6,000 18,000
H2Handle 4,698 5,897 10,595
Divertable C&D 1,263 328 1,591
Metal 145 52 197
Direct to Tajiguas - Unsortable 3,126 3,126
C&D Dirt Tailings for ADC 15,000 15,000
________ ________ ________ ________ ________
Total - Other Tons 18,106 12,277 71,417 0 101,800
Tip Fees - Other Users
MarBorg Residuals $95.00
Self-haul $93.00 $93.00 $93.00 $93.00
H2Handle $118.00 $118.00 $118.00 $118.00
Divertable C&D $118.00 $118.00 $118.00 $118.00
Metal $10.00 $10.00 $10.00 $10.00
Direct to Tajiguas - Unsortable $118.00 $118.00 $118.00 $118.00 C&D Dirt Tailings for ADC $17.00 $17.00 $17.00 $17.00
Annual Revenue - Other Users
MarBorg Residuals 0 0 5,062,645 0 5,062,645
Self-haul 1,116,000 558,000 0 0 1,674,000
H2Handle 554,364 695,846 0 0 1,250,210
Divertable C&D 149,034 38,704 0 0 187,738
Metal 1,450 520 0 0 1,970
Direct to Tajiguas - Unsortable 0 0 368,868 0 368,868
C&D Dirt Tailings for ADC 0 0 255,000 0 255,000
________ ________ ________ ________ ________
Total - Revenue from Other Users $1,820,848 $1,293,070 $5,686,513 $0 $8,800,431 1550 133
EXHIBIT E:

EXAMPLE CALCULATION
OF COUNTY SERVICE COSTS DUE FROM PROJECT

PARTICIPANTS
November 17, 2016 E-6 HF&H Consultants, LLC
1551 An example summary of the amount due to the County for Solid Waste Management Services is shown 1552 below in in Table 6.
1553 Table 6 - Summary of Amount Due to the County for Solid Waste Management Services County Service Cost (from Table 4) $13,799,210 $80.36
Debt Service related to 2017 COPs $5,113,732
Payments to Service Contractor $2,888,786
Debt Service for Subordinate Obligations $942,215
Capital Purchases $1,637,000
___________
Total Project Expenditures $24,380,943
Revenue from Other Users (from Table 5) ($8,800,431) ($51.25) Revenue from CREB subsidies ($1,517,334)
___________
Less: Project Revenues (Other Than from Project
Participants)
($10,317,765)
Amount Due to the County $14,063,178
Revenue to Achieve Debt Service Coverage $6,199,428
Total Revenue from Public Participants $20,262,606
Total Tons from Public Participants 171,717
Total Disposal and Solid Waste System Costs $29.11
Description
Annual
Amount
Disposal and
Solid Waste
System Costs
per Ton
1554
134
ATTACHMENT 1:

PROJECTED AND MINIMUM ANNUAL DELIVERY

REQUIREMENT
November 17, 2016 Attachment 1-1 HF&H Consultants, LLC
1555
1556 Table 2-1 (From Material Services Agreement):
1557 Projected Resource Recovery Project Tonnage
Participating Agency Mixed Waste
(Tons)
Source
Separated
Recyclable
Materials (Tons)
Source
Separated
Organic
Materials (Tons)
Projected Annual
Delivery

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Descri
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Agenda Item: 5
Solvang City Council STAFF REPORT
PREPARED BY: Stephanie Spieler, Contract Building Official Chelsea O’ Sullivan, Assistant City Attorney

MEETING DATE: November 28, 2022
SUBJECT: Public hearing for the Second Reading and Adoption of Ordinance No. 22- 0360 Amending Title 10 of the Solvang Municipal Code and Adopting by Reference: Codes Comprising the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24, Parts 1-12), Including the California Building Code Volumes 1 & 2 (2022 Edition, Incorporating and Amending the 2021 International Building Code), the California Residential Code (2022 Edition, Incorporating and Amending the 2021 International Residential Code), the California Electrical Code (2022 Edition, Incorporating and Amending the 2020 National Electrical Code), the California Mechanical Code (2022 Edition, Incorporating and Amending the 2021 Uniform Mechanical Code), the California Plumbing Code (2022 Edition, Incorporating and Amending the 2021 Uniform Plumbing Code), the California Energy Code (2022 Edition), the California Fire Code (2022 Edition, Incorporating and Amending the 2021 International Fire Code), the California Existing Building Code (2022 Edition), the California Green Building Standards Code (2022 Edition), and the 2021 International Property Maintenance Code, Together with Certain Additions, Insertion, Deletions, and Changes Thereto, and Making a Determination of Exemption under the California Environmental Quality Act
RECOMMENDATION:

That the Council adopt Ordinance No. 22-0360 Amending Title 10 of the Solvang Municipal Code, pursuant to Government Code Section 50022.3.

DISCUSSION:

This item was introduced, by title only, at the City Council Meeting on October 24, 2022. The City Council voted to waive the first reading and introduce, by title only, Ordinance 22-0360 and schedule a public hearing and second reading for November 28, 2022, pursuant to Government Code Section 50022.3.

Every three years, the California Building Standards Commission reviews and revises the California Building Standards Code that consist of the following twelve parts: Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical, Fire, Existing Buildings, Green Building, and Referenced Standards. The 2022 CBSC become effective on January 1, 2023.

The State requires cities to adopt the State Building Standard code by reference but allows cities to add local amendments to the building standards provided such amendments are justified by express findings reflecting specific conditions unique to the jurisdiction reflecting local geographic, topographic, and 138
climatic conditions. If codes are not adopted locally, cities and counties are required to follow State Codes, without the local amendments.

Ordinance 22-0360, included in Attachment A, proposes to adopt the following codes by reference:
• 2022 California Building Code,
• 2022 California Residential Code
• 2022 California Electrical Code
• 2022 California Mechanical Code
• 2022 California Plumbing Code
• 2022 California Energy Code
• 2022 California Historical Building Code
• 2022 California Fire Code
• 2022 California Existing Building Code
• 2022 California Green Building Standards Code
• 2021 International Property Maintenance Code
Consistent the City’s current practice, the Ordinance also proposes to adopt the provisions of the current international or national codes that have not been adopted by a California state agency. These codes include:
• 2021 International Building Code
• 2021 International Residential Code
• 2021 Uniform Mechanical Code
• 2021 Uniform Plumbing Code
• 2020 National Electrical Code
If adopted the Ordinance would amend and restate Title 10, Chapter 1 and Chapter 2, Section 10-2-1 to remove references to the prior versions of the above listed codes.

Ordinance 22-0360 also outlines the specific local amendments to the codes adopted by reference. The local amendments are largely consistent with those made during the prior triennial adoption cycle in 2019.

However, staff has omitted certain amendments that made stylistic/non-substantive changes to the California Building Standards Code in an effort to streamline Title 10, Chapter 1. Staff has also elected to omit certain amendments that were inconsistent with current practice. The requisite findings to support these local amendments will be made by resolution at the second reading of the ordinance, should the Council decide to move forward with the ordinance. If the proposed amendments are adopted by the City Council, the amendments must be filed with the California Building Standards Commission before they will become effective.

Santa Barbara County takes responsibility for adoption of any local amendments to the Fire Code. At this time, Santa Barbara County has not acted on the 2022 California Fire Code. After the County moves forward with its adoption of the 2022 codes, the City will review the County’s final action regarding the Fire Code and may return to the Council with any amendments resulting from the County’s action. Until that time, staff proposes the City adopt language that incorporates the current Fire Code, as amended by Santa Barbara County. This is consistent with the current Solvang Municipal Code. The California Fire Code standards will apply to the City by default starting on January 1, 2023 until the County adopts and amends the 2022 California Fire Code and the City adopts the County’s new fire code.

Provisions of Government Code 50022.3 set out the procedures for adoption of codes by reference. In accordance with this Section, the date of the public hearing is set at the first reading and the public hearing on the Ordinance occurs at the time of the second reading. Staff recommends the City Council set the public hearing and second reading for Ordinance 22-0360 for Monday, November 28, 2022. 139
ALTERNATIVES:

Choose not to waive full reading and introduce Ordinance 22-0360.

FISCAL IMPACT:

Adoption of the Ordinance may result in minor costs of recodification and implementation of ordinance changes, but such costs are expected to be within existing budgetary limits.

ATTACHMENTS:

A – Draft Ordinance 22-0360
140
DRAFT ORDINANCE NO. 22-0360

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING TITLE 10 OF THE SOLVANG MUNICIPAL CODE AND ADOPTING BY REFERENCE: CODES COMPRISING THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1-12), INCLUDING THE CALIFORNIA BUILDING CODE VOLUMES 1 & 2 (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL BUILDING CODE), THE CALIFORNIA RESIDENTIAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL RESIDENTIAL CODE), THE CALIFORNIA ELECTRICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2020 NATIONAL ELECTRICAL CODE), THE CALIFORNIA MECHANICAL CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 UNIFORM MECHANICAL CODE), THE CALIFORNIA PLUMBING CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 UNIFORM PLUMBING CODE), THE CALIFORNIA ENERGY CODE (2022 EDITION), THE CALIFORNIA HISTORICAL BUILDING CODE (2022 EDITION), THE CALIFORNIA FIRE CODE (2022 EDITION, INCORPORATING AND AMENDING THE 2021 INTERNATIONAL FIRE CODE), THE CALIFORNIA EXISTING BUILDING CODE (2022 EDITION), THE CALIFORNIA GREEN BUILDING STANDARDS CODE (2022 EDITION), AND THE 2021 INTERNATIONAL PROPERTY

MAINTENANCE CODE, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND

CHANGES THERETO, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Solvang intends to adopt Codes comprising the 2022 California Building Standards Code (Title 24, Parts 1 – 12, of the California Code of Regulations), including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, and Green Building; and
WHEREAS, the City of Solvang also intends to adopt the 2021 International Property Maintenance Code Solvang Municipal Code currently allows mobile vending on public property; and WHEREAS, the California Health and Safety Code Section 18938(b) provides that building standards adopted by the Building Standards Commission, including those contained in certain model codes and adopted by reference into the most recent edition of the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after publication in the California Building Standards Code by the California Building Standards Commission (the “Commission”) or at a later date after publication established by the Commission; and WHEREAS, the California Building Standards Commission published the 2022 Edition of the California Building Standards Code on July 1, 2022, with an effective date of January 1, 2023, including the 2022 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, and Green Building Codes, incorporated into Title 24 of the California Code of Regulations as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11, respectively; and WHEREAS, California Government Code Section 50022.1, et seq. authorizes the City to adopt codes by reference, in whole or in part, as a primary code, and that the primary code may adopt by reference a secondary code, in whole or in part; and
WHEREAS, California Health and Safety Code 17958, 17958.5, 17958.7, and 18941.5 authorize cities and counties to modify the California Building Standards Code by adopting more restrictive building standards and modifications if such standards and modifications are accompanied by express findings that they are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, the City held a public hearing on November 28, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes, as amended therein.

Attachment A
141 141
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1.

Title 10 (“BUILDING REGULATIONS”), Chapter 1 (“BUILDING CODES”) of the Solvang Municipal Code is hereby amended to read as follows:

Chapter 1 BUILDING CODES
10-1-1 Adoptions of construction codes.

Ten (10) documents, each of which is on file in city offices, marked and designated as: (1) the 2022 Edition of the California Building Code (Volumes 1 and 2) (Part 2 of Title 24 of the California Code of Regulations); (2) the 2022 Edition of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations); (3) the 2022 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations); (4) the 2022 Edition of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations); (5) the 2022 Edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations); (6) the 2022 Edition of the California Energy Code (Part 6 of Title 24 of the California Code of Regulations); (7) the 2022 Edition of the California Historical Building Code (Part 8 of the California Code of Regulations); (8) the 2022 Edition of the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations); (9) the 2022 Edition of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations); and (10) the 2021 Edition of the International Property Maintenance Code are hereby adopted, including chapters and sections of the 2021 International Building Code, 2021 International Residential Code, 2021 Uniform Mechanical Code, 2021 Uniform Plumbing Code, and 2020 National Electrical Code not adopted by agencies of the state of California, and including appendices thereto, as the Building Construction Regulations of the city of Solvang. The provisions of such as hereby referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified in Section 10-1- 4 of this chapter.

In addition to any other requirements of this chapter, the following requirements also apply:

A. For projects covered by the California Green Building Standards Code, 24 CCR, Part 11, the applicants must, as a condition of the city’s permit approval, comply with the following:

1. Where five (5) or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the collection program offered by the city, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.

2. Where new commercial construction or additions will result in more than thirty (30%) percent of the floor area, provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the collection program offered by the city, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended July 1, 2019 and effective January 1, 2020.

B. For organic waste commingled with construction and demolition debris, the requirements of 24 CCR Sections 4.408.1 and 5.408.1, as amended July 1, 2019 and effective January 1, 2020 shall be complied with.
10-1-2 Building official designated.
142
The building official is hereby designated as the building official and building code official for the city of Solvang. Where the “authority having jurisdiction” is used in the adopted codes, it shall mean the building official. The building official shall be appointed by the city manager. The building official shall have the following duties:

A. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

B. Any other such duty as determined by the city manager or the city manager’s designee. 10-1-3 Referenced codes and standards.

Where other codes and standards are referred to in the codes adopted in Section 10-1-1 of this chapter, the following shall apply:

A. International Building Code. The California Building Code or the California Residential Code, as applicable.

B. International Plumbing Code. The California Plumbing Code.

C. International Fuel Gas Code. The California Plumbing Code.

D. International Mechanical Code. The California Mechanical Code.

E. NFPA 70 and National Electrical Code. The California Electrical Code.

F. International Residential Code for One-Family and Two-Family Dwellings. The California Residential Code.

G. International Fire Code. The California Fire Code.

H. International Existing Building Code. The California Existing Building Code.

I. International Zoning Code. The applicable provisions of title 11 of this code. 10-1-4 Amendments—California Building Code.

The California Building Code, all sections of the 2021 International Building Code that were not adopted by agencies of the State of California, and associated appendices adopted in Section 10-1-1 of the City Code are modified, amended and/or supplemented as follows:

A. Amend Section 101.1 to read as follows:
101.1. Title. These regulations shall be known as the Building Code of the City of Solvang, hereinafter referred to as “this code.”
B. Amend section 101.4 to read as follows:
101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each reference.

C. Section 101.4.8 is hereby added and reads as follows:
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101.4.8 Electrical. The provisions of the California Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, and replacement of electrical equipment, appliances, fixtures, fittings, and appurtenances thereto.

D. Amend section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official.

E. Section 104.3.1 is hereby added to Section 104.3 and reads as follows:
104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

F. Amend only the Building exemptions in Section 105.2 to read as follows, and all other provisions in Section 105.2 shall remain the same:
105.2 Work Exempt from Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage shed, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2) with no plumbing, mechanical or electrical and 12′ max height.

2. Fences not over 6 feet (1,829 mm) high.

3. Oil derricks.

4. Retaining walls and non-retaining walls, including masonry and concrete free-standing walls, that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, countertops, similar finish work.

8. Temporary motion picture, television, theater stage sets, and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,927 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
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11. Swings and other playground equipment accessory to detached one-family and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.

13. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height.

G. Section 105.4.1 is hereby added and reads as follows:
105.4.1 Issuance. All work authorized by a building permit for other than R-3 or U occupancies shall be issued to an appropriate contractor licensed in accordance with the provision of the California State Law.

H. Section 109.4.1 is hereby added and reads as follows:
109.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

I. Amend Section 110.3.6. to delete the Exception and read as follows:
110.3.6 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

J. Amend Section 113.1 to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of California Building Standards Code and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals.

Said Board shall also serve as the Housing Appeals Board and the Local Appeals Board referenced in the California Building Standards Code. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Solvang City Council is expressly declared to be the Board of Appeals and shall have all of the power and authority conferred upon a local appeals board under the Health and Safety Code and shall follow the appeal procedures in Title 1, Chapter 6 of the Solvang Municipal Code. The order of the City Council upon such appeal shall be final and immediate. The fee for appeals shall be consistent with fees established by the applicable governing authority.

K. Amend Section 113.2 to read as follows:
113.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of the California Building Standards Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the California Building Standards Code do not fully apply or an equally good or better form or construction is proposed. The board shall have no authority to waive requirements of the adopted codes. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability to authorize reasonable alternatives to disabled access requirements imposed by the California Building Standards Code. Decisions of the board of appeals shall be final and only subject to review by writ of mandate to the superior court.

L. Amend Section 114.4 to read as follows:
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114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply, with such an order subject to penalties as prescribed by law. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

M. Section 114.4.1 is hereby added and reads as follows:
114.4.1 Costs of abatement; tax lien. Any person, whether as principal, agent, employee, or otherwise, who maintains any premises in violation of any provision of this code, the municipal code, other adopted California codes, or the state housing law shall be liable for and obligated to pay to the city all costs incurred by the city in obtaining abatement action, whether such action is administrative, injunctive, or legal, and for all damages suffered by the city, its agents, officers, and employees as a result of such violation or efforts to abate the violation.

Such assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure and the same procedure and sale in case of the delinquency as are provided for ordinary property taxes.

N. Section 114.4.2 is hereby added and reads as follows:
114.4.2 Recording Noncompliance with County Recorder. When the building official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this building code, or other provision of the municipal code, the state housing laws, or any other code adopted herein, the building official may cause a notice of noncompliance to be recorded with the county recorder and shall notify the owner of the property of such action. The notice of noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that the owner of such property has been duly notified. The building official shall record a notice of release of the notice of noncompliance with the county recorder when it has been determined by the building official that the noncomplying conditions have been corrected.

O. Amend section 115.4 to read as follows:
115.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title 1, Chapter 3, of the Solvang Municipal Code.

P. Amend section 116.1 to read as follows:
116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2021 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.
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Q. Amend Section 903.2 and Exception to read as follows:
903.2 Where Required. An approved automatic fire sprinkler system shall be provided in a new building, and in an existing building where floor area is increased, as provided in Sections 903.2.1 through 903.2.12 of this code and Section 903.7.1 of California Fire Code as adopted by the County of Santa Barbara.

Exception: A building containing a Group R, Division 3 occupancy not more than three stories above grade plane in height shall comply with the automatic fire sprinkler system requirements of Section R313 of the California Residential Code.

R. Section 1505.1.4, Exception, and Table 1505.1.4 are hereby added and read as follows:
1505.1.4 Roofs in Commercial Areas. All roofs on all commercial buildings located in any area zoned commercial in the city shall be constructed of roofing materials rated as a Class A roof assembly. This section shall apply to any new commercial buildings built in an area zoned commercial in the city and to the replacement of any existing roofing materials on any commercial building in an area zoned commercial in the city. No owner of building, however, shall be required solely by virtue of this section to replace any roofing any material.

Exception: The exclusive list of commercial buildings listed in Table 1505.1.4 having wooden roofs with rolled eaves and shingles with clipped ends, provided that all of the following provisions are satisfied:

1. The roofing material to be used is determined by the design review committee review to be compatible with the roofing materials being replaced and with the Danish theme of the commercial areas of the city.

2. An underlayment of one-half inch (°72 “) type X gypsum board or comparable material approved by the building official be placed under the solid or spaced sheathing:

3. Attic and occupancy fire area separations are provided as required by this code:

4. Automatic fire sprinklers and/or types of automatic fire extinguishing systems are installed, if in the opinion of the building official such systems are necessary to minimize any additional fire hazards;

5. The wood roofing materials used are fire-retardant treated and listed by the State Fire Marshal to comply with Section 1505.6; and

6. The owner agrees to execute an agreement acceptable to the city attorney obligating the owner to maintain the effectiveness of any treatment of any roofing material installed pursuant to this section as required by the service conditions encountered in actual use. Such agreement shall also provide that the method of retreatment and the frequency of retreatment are satisfactory to the building official.

Table 1505.1.4
Buildings Exempt from Class A Roof Assembly
Address Assessor’s Parcel
No.
438 Alisal Road 139-240-084
444 Alisal Road 139-240-071
473 Alisal Road 139-182-022
1651 Copenhagen Drive 139-181-012
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1677 Copenhagen Drive 139-182-013
1688 Copenhagen Drive 139-193-023
1692 Copenhagen Drive 139-193-022
1697 Copenhagen Drive 139-182-021
1440 Mission Drive 139-590-001
1529 Mission Drive 139-132-017
1557 Mission Drive 139-132-023
1595 Mission Drive 139-133-016
1711 Mission Drive 139-150-023
S. Section 1506.4 and Exception are hereby added and read as follows:
1506.4 Wood Shake and Shingle Roof Covering Limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes or shingles.

Exception:

1. A wood shake or wood shingle system listed as a Class A-rated roof covering.

2. Roof covering for an addition to, or the reroofing of an existing building where the new roof covering area is less than 750 square feet of the existing roof area may be an approved Class B pressure treated wood shingle system.

T. Amend Section 3201.1 to read as follows:
3201.1 Scope. The provisions of this chapter and Section 8-3-3 of the Solvang Municipal Code shall govern encroachment of structures into the public right-of-way.

U. Amend appendix section G104.1 to read as follows:

G104.1 Permit Application and Processing. Any person, owner, or owner’s authorized agent who intends to conduct any development in a flood hazard area shall first make application to the building official and shall obtain the required permit. The processing and administration of a permit application shall be as prescribed in Sections 105 and 107.

V. Add Section J101.3 to read as follows:

J101.3 Administration. This appendix chapter shall be administered by the city engineer. References to building official shall mean city engineer.

W. Amend Appendix Section J103.2 to read as follows:

J103.2 Exempted Work. A grading permit shall not be required for the following:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. Excavation for construction of a structure permitted under this code.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells, or trenches for utilities.
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6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties.

7. Exploratory excavations performed under the direction of a registered design professional.

8. An excavation which does not exceed fifty cubic yards and: (1) is less than 2 feet (610 mm) in depth; or (2) does not create a cut slope greater than 5 feet (1,524 mm) in height and steeper than 1 unit vertical to 2 units horizontal.

9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not intended to support structures, on any one lot and does not obstruct a drainage course.

10. A fill less than 3 feet (914.4 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical to 5 units horizontal, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

X. Appendix Sections J103.3 is hereby added and reads as follows:

J103.3 Early Grading. A grading permit shall not be issued prior to issuance of a building permit for the project unless:

1. A tentative subdivision or tract map, use permit, architectural review commission project approval or similar authorization has been granted; and

2. Related street and utility grades have been established and approved; and

3. A surety bond in accordance with Section J103.4 is deposited to guarantee restoration of the site to a natural or other condition acceptable to the building official should the project not proceed to completion.

Y. Section J103.4 Bonds is hereby added and reads as follows:

J103.4 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or restore a graded site to the original condition. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond.

The city engineer may require that bonds be posted to recover the full costs of any damage to public right-of-way which may occur because of the peculiar nature or large scope of the project, such as transportation of fill heavy equipment on local streets not designed to accommodate the traffic.

Z. Amend appendix section J104.2 to read as follows:

J104.2 Site Plan Requirements. In addition to the provisions of Section 107, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. The plans shall show existing drainage conditions and drainage devices and all proposed changes thereto. The plans shall include the location and dimension 149
of all trees on the site to remain and to be removed which are 3 inches and dimension of all trees on the site to remain and to be removed which 3 inches (76.2 mm) in diameter or larger at the trunk, measured at 4.5 feet (1.37 m) above ground level. A preservation plan shall be submitted for all trees to remain. The plans shall indicate where excess material, rocks, or rubble will be disposed of.

AA. Appendix Section J110.3 is hereby added and reads as follows:

J110.3 Other Standards. Erosion control measures shall conform to the following standards and approval processes:

1. The City’s Stormwater Management Plan.

2. The most current “Erosion and Sediment Control Field Manual” published by the California Regional Water Quality Control Board, San Francisco Bay Region.

3. NPDES permit requirements.

4. The 2022 California Green Building Standards Code.
10-1-5 Amendments – California Residential Code
The California Residential Code, all sections of the 2021 International Residential Code that were not adopted by agencies of the State of California, and associated appendices adopted in Section 10-1-1 of the City Code, adopted in Section 10-1-1 of the City Code are modified, amended and/or supplemented as follows:

A. Amend section R101.1 to read as follows:

R101.1 Title. These provisions shall be known as the California Residential Code and shall be cited as such and shall be referred to herein as “this code.”
B. Amend Section R103.1 to read as follows:

R103.1 Creation of Enforcement Agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official.

C. Section R104.3.1 is hereby added and reads as follows:

R104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

D. Amend Section R105.2 to read as follows:

R105.2 Work Exempt from Permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

1. One-story detached accessory structures used as tool and storage shed, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m*) with no plumbing, mechanical or electrical and 12’ max height.

2. Fences not over 6 feet (1829 mm) high.

3. Retaining walls and non-retaining walls, including masonry and concrete freestanding walls, that are not over 4 feet (1219 mm) in height measured from the bottom of the 150
footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids.

4. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 927 L) and the ratio of height to diameter or width is not greater than 2:1.

5. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

6. Painting, papering, tiling, carpeting, cabinets, countertops, similar finish work.

7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 927 L) and are installed entirely above ground.

8. Swings and other playground equipment accessory to detached one-family and twofamily dwellings.

9. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches in height.

E. Section R108.6.1 shall hereby be added and read as follows:

R108.6.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

F. Amend section R112.1 to read as follows.

R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, the provisions of Section 113 of the California Building Code, as amended, shall apply.

G. Delete Sections R112.2, R112.3 and R112.4.

H. Amend Section R113.4 to read as follows:

R113.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be subject to penalties as prescribed by law. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall not be held to prevent the enforced removal of prohibited conditions.

I. Section R113.4.1 is hereby added and reads as follows:

R113.4.1 Costs of Abatement; Tax Lien. Any person, whether as principal, agent, employee, or otherwise, who maintains any premises in violation of any provision of this code, the municipal code, 151
other adopted California codes, or the state housing law shall be liable for and obligated to pay to the city all costs incurred by the city in obtaining abatement or compliance which attributable to or associated with the enforcement or abatement action, whether such action is administrative, injunctive, or legal, and for all damages suffered by the city, its agents, officers, and employees as a result of such violation or efforts to abate the violation.

If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the city, the city council by resolution may order the cost of the abatement to be specially assessed against the parcel. Such assessment shall be collected and shall be subject to the same penalties and the same procedure and sale in case of the delinquency as are provided for ordinary property taxes.

J. Section R113.4.2 is hereby added and reads as follows:

R113.4.2 Recording Noncompliance with County Recorder. Whenever the building official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this building codes, or other provision of the municipal code, the state housing laws, or any other code adopted herein, the building official may cause a notice of noncompliance to be recorded with the county recorder and shall notify the owner of the property of such action. The notice of noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that the owner of such property has been duly notified. The building official shall record a notice of release of the notice of noncompliance with the county recorder when it has been determined by the building official that the noncomplying conditions have been corrected.

K. Amend section R114.2 to read as follows:

R114.2 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title 1, Chapter 3, of the Solvang Municipal Code.

L. Amend Section R313.2 and Exception to read as follows:

R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings.

Exception: Where additions or alterations to an existing dwelling increase the existing floor area, an automatic fire sprinkler system shall be provided as required by Section 903.7 of the California Fire Code as adopted by the County of Santa Barbara.

M. Section R904.5 is hereby added and reads as follows:

R904.5 Wood Shake and Shingle Roof Covering Limitations. Wood shake or shingle roof coverings shall not be installed on any building. A roof covering shall not be applied over existing wood shakes of shingles.

Exception:

1. A wood shake or wood shingle system listed as a Class A-rated roof covering.

2. Roof covering for an addition to, or the reroofing of, an existing building where the new roof covering area is less than 750 square feet of the existing roof area may be an approved Class B pressure treated wood shingle system.
10-1-6 Amendments – California Existing Building Code
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The California Existing Building Code adopted in Section 10-1-1 of the City Code is modified, amended and/or supplemented as follows:

A. Amend section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the California Existing Building Code, hereinafter referred to as “this code.”
B. Amend Section 103.1 to read as follows:
103.1 Creation of Enforcement Agency. The Building Division is hereby created and the official in charge thereof shall be known as the building official.

C. Section 104.3.1 is hereby added and reads as follows:
104.3.1 Citations. The building official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

D. Section 108.4.1 is hereby added and reads as follows:
108.4.1 Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

E. Amend Section 109.3.5 to delete the Exception and read as follows:
109.3.5 Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place but before any plastering is applied or before gypsum board joints and fasteners are taped and finished.

F. Amend Section 112.1 to read as follows:
112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, the provisions made by the code official relative to the application and interpretation of this code, the provisions of Section 113 of the California Building Code, as amended, shall apply.

G. Delete Section 112.2, 112.3 and 112.4.

H. Amend Section 113.4 to read as follows:
113.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals within the time fixed herein, shall be guilty of a misdemeanor, and is subject to the penalty as provided for in Title 1, Chapter 3 of the City of Solvang Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 153
I. Amend Section 114.4 to read as follows:
114.4 Failure to Comply. Any person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title 1, Chapter 3, of the Solvang Municipal Code.

J. Amend Section 115.1 to read as follows:
115.1 Unsafe Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2021 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe.
10-1-7 Amendments – California Electrical Code
The California Electrical Code, all sections of the 2020 National Electrical Code that were not adopted by agencies of the State of California, and associated appendices adopted in Section 10-1-1 of the City Code are modified, amended and/or supplemented as follows:

A. Administration of the electrical code shall be as set forth in Division II of Chapter 1 of the California Building Code.

B. Amend Section 230.70(A)(1) to read as follows:
(1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel.
10-1-8 Amendments – California Mechanical Code
The California Mechanical Code and all sections of the 2021 Uniform Mechanical Code that were not adopted by agencies of the State of California, including appendices adopted in Section 10-1-1 of the City Code are modified, amended, and/or supplemented as follows:

A. Division II of Chapter 1 is hereby deleted.

B. Administration of the Mechanical Code shall be as set forth in Division II of Chapter 1 of the California Building Code.
10-1-9 Amendments – California Plumbing Code
The California Plumbing Code, all sections of the 2021 Uniform Plumbing Code that were not adopted by agencies of the State of California, and associated appendices adopted in Section 10-1-1 of the City Code is modified, amended and/or supplemented as follows:

A. Division II of Chapter 1 is hereby deleted.
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B. Administration of the Plumbing Code shall as set forth in Division II of Chapter 1 of the California Building Code.

C. Section 406.5 is hereby added and reads as follows:
406.5 Commercial Car Washes. Commercial car wash facilities shall have water recycling systems approved by the Authority Having Jurisdiction.
10-1-10 Amendments – International Property Maintenance Code The International Property Maintenance Code adopted in Section 10-1-1 of the City Code is modified, amended, and/or supplemented as follows:

D. Amend section 103.1 to read as follows:
103.1 General. The office of property maintenance inspection within the Building Division is hereby created and the executive official in charge thereof shall be known as the building official. For the purposes of this code, the building official shall mean code official.

E. Amend section 110.4 to read as follows:
110.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties and code enforcement procedures set forth in Title 1, Chapter 3, of the Solvang Municipal Code.

F. Section 105.5.1 is hereby added and reads as follows:
105.5.1 Citations. The code official, or duly authorized agent, is granted the authority as provided in Section 836.5(a) of the California Penal Code to issue citations for violations of this chapter.

G. Section 109.4.1 is hereby added and reads as follows:
109.4.1 Costs of Abatement; Tax Lien. Any person, whether as principal, agent, employee, or otherwise, who maintains any premises in violation of any provision of this code, the municipal code, other adopted California code, or the state housing law shall be liable for and obligated to pay to the city all costs incurred by the city in obtaining abatement or compliance which is attributable to or associated with the enforcement or abatement action, whether such action is administrative, injunctive, or legal, and for all damages suffered by the city, its agents, officers, and employees as a result of such violation or efforts to abate the violation.

Such assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of the delinquency as are provided for ordinary property taxes.

H. Section 109.4.2 is hereby added and reads as follows:

109.4.2 Recording Noncompliance with County Recorder. Whenever the code official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this building code, or other provision of the municipal code, the state housing laws, or any other code adopted herein, the official may cause a notice of noncompliance to be recorded with the county recorder and shall notify the owner of the property of such action. The notice of 155
noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that the owner of such property has been duly notified. The code official shall record a notice of release of the notice of non-compliance with the county recorder when it has been determined by the code official that the noncomplying conditions have been corrected.

I. Amend Section 108.1 to read as follows:
108.1 Membership of Board. The board of appeals shall be the board of appeals established in Section 113 of the California Building Code as amended in Section 10-1-4 of the Solvang Municipal Code.

J. Amend Section 304.14 to read as follows:
304.14 Insect Screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumptions are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screen of 16 mesh per inch (16 mesh per 25 mm) minimum, and every screen door used for insect control shall have a self-closing device in good working condition.

K. Amend Section 602.3 to read as follows:
602.3 Heat Supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, shall supply heat to maintain a minimum temperature of 68 (F) degrees (20 C) in all habitable rooms, bathrooms, and toilet rooms.

SECTION 2.

Title 10 (“BUILDING REGULATIONS”), Chapter 2 (“FIRE PREVENTION AND PROTECTION”), Section 10-2-1 (“ADOPTION OF FIRE CODE”) of the Solvang Municipal Code is hereby amended to read as follows:
10-2-1 Adoption of fire code.

The 2022 California Fire Code as adopted and amended by the Santa Barbara County board of supervisors in chapter 15 of the Santa Barbara County Code is hereby ratified and adopted by reference as the fire code of the city.

SECTION 3
CEQA. 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 be exempt pursuant to § 15061(b)(3) (general rule), § 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and § 15060(c)(3) (the activity is not a project as defined in Section 15378) 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 and it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4
All inconsistencies between the Building Code, Residential Code, Existing Building Code, Electrical Code, Mechanical Code, and Plumbing Code as adopted by this Ordinance and Parts 2, 2.5, 3, 4, and 5, respectively, of Title 24 of the California Code of Regulations are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Code Sections 17958 and 17958.7.

SECTION 5
156
Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance and the codes herein adopted by reference, including, without limitation, Ordinance No. 19-0343, and any other ordinance or portions thereof in conflict herewith are hereby repealed and declared to be of no further force and effect.

SECTION 6
The numbering of the most recent editions of the California Building Standards Code is revised from earlier editions. All references to the uniform codes in the Solvang Municipal Code that are not amended by this Ordinance or a subsequently enacted ordinance shall refer instead to the successor section or sections contained in the 2022 Edition of the California Building Standards Code, as adopted and amended by the City in Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11 of Title 24 of the California Code of Regulations.

SECTION 7.

INTRODUCED at a regular meeting of the City Council held on the 24 day of October 2022 and PASSED, APPROVED, AND ADOPTED on this 28th day of November, 2022 ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 157

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. 22-0360 was duly introduced at a regular meeting of the City Council held on the 24th day of October, 2022, and was duly adopted at a regular meeting of said City Council held on the 28th day of November 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
158
Agenda Item: 6
Solvang City Council STAFF REPORT
PREPARED BY: Sophia Checa, Interim Planning Manager
Laurie Tamura, Planning Consultant
Chelsea O’Sullivan, Assistant City Attorney
MEETING DATE: November 28, 2022
SUBJECT: Public hearing to consider introduction and first reading of Ordinance No. 22-0362 Amending Title 11 of the Solvang Municipal Code to address shortterm/vacation rental parking requirements and the application of the in-lieu parking fee program to commercial projects and make a determination of exemption under the California Environmental Quality Act (CEQA) RECOMMENDATION:

That City Council introduce for first reading Ordinance No. 22-0362 to address short-term/vacation rental parking requirements and the application of the in-lieu fee program to commercial projects and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA). (Attachment A) DISCUSSION:

Ordinance No. 22-0362 is responsive to direction received from Council on August 22, 2022. During the COVID-19 pandemic many restaurants expanded their outdoor patio areas. Some of these businesses wish to keep these additional outdoor areas even after reopening their indoor areas, resulting in an intensification of use and triggering additional parking requirements. In 2020 the City Council amended Section 11-7A-1(B) to allow the Planning Manager to consider application of the in-lieu fee program to restaurants. However, Section 11-11-9 does not expressly allow restaurants to take advantage of the inlieu fee program. Section 11-11-9 also imposes different parking requirements than those provided for commercial projects in Section 11-11-7(D). City Council directed staff addresses these inconsistencies by clarifying the applicability of the in-lieu parking program to “restaurants, cafes, taverns etc.” and the number of parking spaces required to be paid for under the in-lieu fee program.

On October 3, 2022 the Planning Commission adopted Resolution 22-11 recommending certain changes to Section 11-11-7(D) and Section 11-11-9 to allow restaurants to take advantage of the in-lieu fee program. The Commission also recommended changes to streamline the language in Section 11-11-9 and clarify under Section 11-11-7(D) that commercial projects can provide off-site parking if the criteria in Section 11-11-4(B)(3) are met. Staff is recommending slight changes to the Planning Commission’s streamlined language in Section 11-11-9 to clarify the options available to developers subject to the inlieu fee program and make other clarifying edits. The differences between staff’s recommendations and the Commission’s recommendations are shown in Attachment B.

On October 3, 2022 the Planning Commission also directed staff to develop code amendments to make the parking requirements for short-term/vacation rental units more consistent with the parking requirements for similar uses, such as hotels. On November 7, 2022 the Planning Commission adopted Resolution 22-12 which recommended vacation rentals be required to provide one (1) parking space per bedroom and to move the standard for vacation rentals parking requirements to Section 11-11-7(D) 159
consistent with other commercial parking requirements. One parking space per bedroom is more consistent with the parking requirements for other similar uses, including hotels.

As proposed, Ordinance No. 22-0362 would make the following changes as shown in Attachment B:
• Apply the in-lieu parking fee program to “restaurants and food and/or beverage establishments” (this term replaces the “restaurants, cafes, taverns, etc.” term in the current code for readability) in Section 11-11-9.
• Streamline the calculation of the required number of parking spaces to be paid for in-lieu by eliminating the requirement in 11-11-9 to provide 3.6 parking spaces, two on-site and 1.6 paid for in lieu, per 1,000 square feet of gross floor area and adding a cross reference to the applicable the parking standard in Section 11-11-7(D).
• Remove redundant language and reorganize text in Section 11-11-9 to improve readability. • Add a cross reference to Section 11-11-4(B)(3) in Section 11-11-7(D) to clarify that parking for commercial projects can be provided off-site if the criteria in Section 11-11-4(B)(3) are met. • Add a “short-term/vacation rental” minimum parking standard of 1 parking space per bedroom to Section 11-11-7(D).
• Delete the requirement for two on-site parking spaces in Section 11-12-30 (C)(1) and replace with a cross reference to Section 11-11-7(D).

These revisions could result in fewer required parking spaces for some projects utilizing the in-lieu program if the parking required under Section 11-11-7(D) is less than 3.6 spaces per 1,000 square feet of gross floor area. The proposed amendments would also allow for all required parking to be paid for with an in-lieu fee. In contrast, the current in-lieu fee program requires two parking spaces per 1,000 feet of gross floor area to be provided on-site and only allows 1.6 spaces for every 1,000 feet of gross floor area to be paid for with an in-lieu fee.

Fewer required parking spaces would also be required for vacation rentals with only one bedroom, though vacation rentals with more than two bedrooms would be required to provide additional parking above the current two parking space requirement.

Staff also determined that it can be seen with certainty that the proposed change to the zoning code does not have the potential for causing a significant impact on the environment and is therefore exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA guidelines.

ALTERNATIVES:

Provide further direction to staff
FISCAL IMPACT:

Introduction of Ordinance 22-0362 will not directly have any fiscal impact. Adoption of the Ordinance after second reading may result in minor costs of recodification and implementation of Ordinance changes but such costs are expected to be within existing budgetary limits.

ATTACHMENTS:

A – Ordinance 22-0362
B – Legislative Materials: Proposed Code Amendments Redline 160
Ordinance No. 22-0362 Amend the In-Lieu Parking Program and Requirements for Short-term/Vacation rentals ORDINANCE NO. 22-0362

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, AMENDING TITLE 11 OF THE SOLVANG MUNICIPAL CODE TO ADDRESS SHORT-TERM/VACATION

RENTAL PARKING REQUIREMENTS AND APPLICATION OF THE IN-LIEU FEE PROGRAM TO

COMMERCIAL PROJECTS AND MAKE A DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Solvang Municipal Code currently requires developers of short-term/vacation rental projects to provide a minimum of two (2) on-site parking spaces under Section 11-12-3(C)(1); and WHEREAS, the Solvang Municipal Code currently requires developers to provide on-site parking for commercial projects and sets forth the minimum parking requirements for all other commercial projects under Section 11-11-7(D); and
WHEREAS, the under Section 11-11-7(D), uses of hotels and motels, which are similar to vacation rentals, are required to provide one (1) parking space per guest room and one (1) parking space per five (5) employees; and
WHEREAS, Section 11-11-4(B)(3) of the Solvang Municipal Code provides for off-site parking provided certain criteria are met, but Section 11-11-7(D) does not clearly provide for off-site parking; and WHEREAS, the Solvang Municipal Code in Section 11-11-9 currently allows developers of certain types of commercial projects the option of paying a fee in lieu of providing some required onsite parking; and
WHEREAS, the in-lieu fee parking program sets forth different parking requirements for such uses than Section 11-11-7(D); and
WHEREAS, Section 11-7A-B allows the Planning Manager to consider application of the in-lieu fee program to restaurants and like businesses but Section 11-11-9, setting forth the in-lieu fee program, does not expressly apply to restaurants and like businesses; and WHEREAS, the City Council on August 22, 2022 directed staff to prepare amendments to Title 11 to clarify the applicability of the in-lieu parking program to restaurants and like businesses and to clarify the number of parking spaces required to be paid for under the in-lieu fee program; and WHEREAS, on October 3, 2022 the Planning Commission, at a duly noticed public hearing, adopted Resolution 22-11 recommending the City Council adopt an ordinance amending Title 11 of the Solvang Municipal Code to address application of the in-lieu fee program to commercial projects in Chapter 11 Off-Street Parking and Loading and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission on October 3, 2022 directed staff to prepare amendments to Title 11 to make the parking requirements for short-term/vacation rentals more consistent with other similar uses; and
WHEREAS, on November 7, 2022 the Planning Commission, at a duly noticed public hearing, adopted Resolution 22-12 recommending the City Council adopt an ordinance amending Title 11 of the Solvang Municipal Code to address short-term/vacation rental parking requirements and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council determines that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Attachment A
161
Ordinance No. 22-0362 Amend the In-Lieu Parking Program and Requirements for Short-term/Vacation rentals Solvang Municipal Code; and
WHEREAS, the City Council determines that the proposed amendments are in the interests of the general community welfare; and
WHEREAS, the City Council determines that the proposed amendments are consistent with good zoning and planning practices; and
WHEREAS, the City Council determines that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment and are therefore not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, the City Council finds it necessary to amend the Solvang Municipal Code to address short-term/vacation rental parking requirements and the application of the in-lieu fee program to commercial projects.

NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1.

Section 11-11-7(D) Commercial of the Solvang Municipal Code is hereby revised to read as follows:

D. Commercial. Parking under the following provisions is the minimum required; however, additional parking may be required for retail developments in the TRC District based upon projected demand. All parking required under the following provisions shall be provided on-site or shall meet the requirements of section 11-11-4(B)(3) for off-site parking. Notwithstanding the foregoing, an optional in lieu fee may be paid as provided in section 11-11-9 of this chapter to satisfy some or all of the parking requirements for retail business and general commercial development projects, development projects for restaurants, and food and/or beverage establishments, or projects changing to or intensifying any such type of development.

Hotels/motels 1 space per guestroom and 1 space per 5 employees Restaurants and food and/or
beverage establishments
1 space per 300 square feet of space devoted to patrons and 1 space per 2 employees or compliance with the
requirements of section 11-11-9 of this chapter.

Business and professional
offices such as banks,
lawyers’ offices, etc.
1 space per 300 square feet of gross floor area
Retail business and general
commercial
1 space per 500 square feet of gross floor area or
compliance with the requirements of section 11-11-9 of
this chapter.

Furniture and appliance
stores, ventilating, building
supply, hardware, motor
vehicle and machinery sales
and service
1 space per 1,000 square feet of gross floor area
Hospitals 1 space per 3 beds and 1 space per 3 employees Convalescent hospitals,
sanatoriums and rest homes
1 space per 2 beds and 1 space per 3 employees
Medical clinics, medical and
dental offices
1 space per 200 square feet of gross floor area
Short-term/Vacation rentals 1 space per bedroom
162
Ordinance No. 22-0362 Amend the In-Lieu Parking Program and Requirements for Short-term/Vacation rentals SECTION 2.

Section 11-11-9(A) Purpose of the Solvang Municipal Code is hereby revised to read as follows:

A. Purpose. The purpose of the in-lieu parking fee is to implement the objectives of the city’s general plan and to mitigate the adverse parking impacts caused by new retail and commercial development, development of new restaurants and food and/or beverage establishments, or a change to or an intensification of any such type of development.

SECTION 3.

Section 11-11-9(B) Establishment of In-Lieu Parking Fee of the Solvang Municipal Code is hereby revised to read as follows:

B. Establishment of In-Lieu Parking Fee. The city council hereby creates and establishes an in-lieu parking fee that may be paid by those developers of retail business and general commercial projects, projects developing restaurants and food and/or beverage establishments, or projects changing to or intensifying any such type of development.

Developers for such projects must either: (1) provide the number of parking spaces required under Section 11-11-7(D) or (2) pay a parking development fee in lieu of providing some or all parking required under Section 11-11-7(D). Developers who elect to pay a fee in lieu of providing some or all on-site or off-site parking required by Section 11-11-7(D) shall pay the in-lieu parking fee prior to the issuance of a building permit.

The city council has determined that, for those developers who choose not to provide some or all required parking on site or off site pursuant to Section 11-11-7(D), such a parking development fee is necessary to: (1) finance the construction of alternative parking facilities within the city and (2) pay for each such development’s fair share of the construction costs of those parking facilities. In establishing the in-lieu parking fee, the city council has found such a fee to be consistent with its general plan.

The city council shall review the in-lieu parking fee from time to time, but at least on an annual basis to: (1) identify the purpose to which the in-lieu parking fee is to be put; and (2) determine whether there is a reasonable relationship between the fee and the purpose for which it was charged.

SECTION 4.

Section 11-12-30(C) Vacation Rental Standards of the Solvang Municipal Code is hereby revised to read as follows:

C. Vacation Rental Standards.

1. Each vacation rental shall provide the number of parking spaces required under Section 11-11-7(D) for short-term/vacation rentals.

2. Each vacation rental shall provide for garbage removal as required by this code.

SECTION 5.

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 163
Ordinance No. 22-0362 Amend the In-Lieu Parking Program and Requirements for Short-term/Vacation rentals pursuant to Section 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 6.

INTRODUCED at a regular meeting of the City Council held on the 28th day of November 2022 and PASSED, APPROVED, AND ADOPTED on this 12th day of December 2022. ______________________________
Charlie Uhrig, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 164
Ordinance No. 22-0362 Amend the In-Lieu Parking Program and Requirements for Short-term/Vacation rentals

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. 22-0362 was duly introduced at a regular meeting of the City Council held on the 28th day of November, 2022, and was duly adopted at a regular meeting of said City Council held on the 12th day of December 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
165
Legislative Materials: Proposed Code Amendments Redline Legend:
• Underlined and italicized text represents new language inserted • Text that is shown in strikethrough is deleted
• Text that is show in double strikethrough is moved to where that same text appears as double underline text.
• Text in gray highlighting indicates staff recommended language that differs from the Planning Commission’s recommendation.
• Attachment A, Ordinance No. 22-0362, has the final version of the language, i.e., no track changes.

Chapter 11 OFF-STREET PARKING AND LOADING
11-11-7 Required number of parking spaces.
. . .

D. Commercial. Parking under the following provisions is the minimum required; however, additional parking may be required for retail developments in the TRC District based upon projected demand. All parking required under the following provisions shall be provided on-site or shall meet the requirements of section 11-11-4(B)(3) for off-site parking. Notwithstanding the foregoing, Aan optional in lieu fee may be paid as provided in section 11-11-9 of this chapter for the construction of parking facilities to satisfy some or all of the parking requirements for retail business and general commercial development projects, development projects for restaurants and food and/or beverage establishments, or projects changing to or intensifying any such type of development.

Hotels/motels 1 space per guestroom and 1 space per 5
employees
Restaurants and food and/or beverage
establishments, cafés, taverns, etc.
1 space per 300 square feet of space devoted to
patrons and 1 space per 2 employees
Business and professional offices such
as banks, lawyers’ offices, etc.
1 space per 300 square feet of gross floor area
Retail business and general
commercial
1 space per 500 square feet of gross floor area
except as provided in section 11-11-9 of this
chapter
Furniture and appliance stores,
ventilating, building supply, hardware,
motor vehicle and machinery sales and
service
1 space per 1,000 square feet of gross floor area
Hospitals 1 space per 3 beds and 1 space per 3 employees Convalescent hospitals, sanatoriums
and rest homes
1 space per 2 beds and 1 space per 3 employees
Medical clinics, medical and dental
offices
1 space per 200 square feet of gross floor area
Vacation rentals 1 space per bedroom
. . .

Attachment B
166
11-11-9 In-lieu parking fees.

A. Purpose. The purpose of the in-lieu parking fee is Tto implement the objectives of the city’s general plan and to mitigate the adverse parking impacts caused by new retail and commercial development, development of new restaurants and food and/or beverage establishments, or a change to or an intensification of any such type of development. in the city, 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; or (2) provide two (2) parking spaces per one thousand (1,000) square feet of gross floor area on site and in accordance with the parking section of this code and pay a parking development fee (the “in-lieu parking fee”) in lieu of providing one and six-tenths (1.6) additional parking spaces per one thousand (1,000) square feet of gross floor area; or (3) if the project involves the conversion of gross floor area which has been used for storage purposes to retail and/or commercial uses, pay a parking development fee in lieu of providing any parking on site. The city council has determined that, for those developers who choose not to provide three and sixtenths (3.6) on-site parking spaces per one thousand (1,000) square feet gross floor area, such a parking development fee is necessary to: (1) finance the construction of alternative parking facilities within the city; and (2) pay for each such development’s fair share of the construction costs of those parking facilities. In establishing the in-lieu parking fee, the city council has found such a fee to be consistent with its general plan.

B. Establishment of In-Lieu Parking Fee. The city council hereby creates and establishes an in-lieu parking fee to that may be paid by those developers of retail business and general commercial projects, projects developing restaurants and food and/or beverage establishments, or projects changing to or intensifying any such type of development. Developers for such projects must either: (1) provide the number of parking spaces required under Section 11-11- 7(D) or (2) pay a parking development fee in lieu of providing some or all parking required under Section 11-11-7(D). (the electing developers) who elect to: (1) provide two (2) on-site parking spaces per one thousand (1,000) square feet of gross floor area; and (2) pay such a fee in lieu of providing an additional one and six-tenths (1.6) parking spaces per one thousand (1,000) square feet of gross floor area; or (3) pay a fee in lieu of providing any on-site parking required by this chapter upon the conversion of gross floor area which has been used for storage purposes to retail and/or commercial uses. The in-lieu parking fee shall be paid Developers who elect to pay a fee in lieu of providing some or all on-site or off-site parking required by Section 11-11-7(D) prior to the issuance of a building permit.

The city council has determined that, for those developers who choose not to provide some or all required parking on site or off site pursuant to Section 11-11-7(D), such a parking development fee is necessary to: (1) finance the construction of alternative parking facilities within the city; and (2) pay for each such development’s fair share of the construction costs of those parking facilities. In establishing the in-lieu parking fee, the city council has found such a fee to be consistent with its general plan. The in-lieu parking fee shall be used to pay for the construction of one (1) or more parking facilities to accommodate additional parking demands generated by such new development.

The city council shall, in a city council resolution: (1) set forth the specific amount of the fee; (2) describe the benefit and impact area on which the fee is imposed; (3) describe the specific parking facilities to be financed; (4) describe the estimated cost of such parking facilities; and (5) describe the reasonable relationship between the fee and the various types of new retail and 167
general commercial developments; and (6) set forth the time for payment of the fee. Each electing developer shall pay the in-lieu parking fee prior to the issuance of a building permit for the retail or general commercial project.

Chapter 12 SUPPLEMENTAL REGULATIONS
11-12-30 Short-term/vacation rental regulations.
. . .

C. Vacation Rental Standards.

1. Each vacation rental shall provide the number of parking spaces required under Section 11-11-7(D) for short-term/ vacation rentals have a minimum of two (2) parking spaces available on site at all times.

2. Each vacation rental shall provide for garbage removal as required by this code. 168
Agenda Item: 7
Solvang City Council STAFF REPORT
PREPARED BY: Rodger Olds, Public Works Director/City Engineer MEETING DATE: November 28, 2022
SUBJECT: Receive Presentation of the Stormwater Management Program (SWMP) Annual Report FY 2021-2022
RECOMMENDATION:

Receive staff presentation regarding the Stormwater Management Program Annual Report for Fiscal Year 2021-2022, submitted to the Regional Water Quality Control Board.

BACKGROUND:

The Federal Clean Water Act requires the City of Solvang (City) to operate under a National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit for the discharge of stormwater to surface waters from the City’s storm drain system. On February 5, 2013, the NPDES Phase II Small Municipal Separate Storm Sewer Systems (MS4) General Permit (Order No. 2013-001-DWQ) was adopted by the State Water Resources Control Board (SWRCB). The 5-year Phase II MS4 General Permit (Stormwater Permit) became effective July 1, 2013 and remains in effect until the next Stormwater Permit becomes effective. The SWRCB is expected to issue a new Stormwater Permit in the Spring or Summer 2023 for public comment with its target effective date in 2024.

DISCUSSION:

In order to comply with the Stormwater Permit’s annual reporting requirements, the City of Buellton and City of Solvang entered into a Memorandum of Understanding (MOU) as Co-Permittees on November 25, 2013, which designates the City of Buellton as the Lead Agency for submitting the joint Annual Report for the previous reporting year (July 1st – June 30th) via the SWRCB’s Storm Water Multiple Application and Report Tracking System (SMARTS) database. On October 6, 2022, the joint Annual Report [Phase II Small MS4 Annual Report and a Central Coast Post-Construction Storm Water Management Requirements (PCR) Annual Report] was submitted to the SWRCB’s via the SMARTS database for reporting year (July 1, 2021 – June 30, 2022).

Moving forward, the City will discuss the current Memorandum of Understanding (MOU) with the City of Buellton as Co-Permittees for FY 2022/2023 to comply with the Stormwater Permit, determine if there is a benefit and interest to be co-permittees for the upcoming Stormwater Permit, and work to collaborate with other local agencies to accomplish the overall water quality goals for our region.

The Stormwater Permit outlines eleven (11) program elements that the City must implement to reduce the discharge of pollutants to the maximum extent practicable, protect water quality and satisfy the appropriate water quality requirements of the Clean Water Act. These 10 program elements include:

1. Program Management

2. Education and Outreach

3. Public Involvement and Participation

4. Illicit Discharge Detection and Elimination
169

5. Construction Site Stormwater Runoff Control

6. Pollution Prevention/Good Housekeeping

7. Post Construction Stormwater Management

8. Water Quality Monitoring

9. Program Effectiveness Assessment

10. Total Maximum Daily Loads Compliance

11. Annual Reporting
Through the development and implementation of the City’s Stormwater Management Program (SWMP) which includes these 11 program elements, and by adoption of Title 14 Stormwater Management Ordinance, the City is meeting the requirements of the Stormwater Permit, which is intended to effectively prohibit non-stormwater discharges into the City’s storm drain system and protect our local creeks (Adobe Canyon, Alamo Pintado and Alisal) and the Santa Ynez River.

FISCAL IMPACT:

There is no additional fiscal impact due to this report. Costs for the compliance of the City’s efforts are covered in the FY2022/23 budget approved by Council.

ATTACHMENTS:

A – Copy of the joint Annual Report submitted to the SWRCB on October 6, 2022, including the submitted supporting documentation.
170
WDID No:

Permittee Information
Buellton Phase II Small MS4 Annual - Report 2021-2022 [email protected] City of Buellton 93427 REPORTING PERIOD:07/01/2021 - 06/30/2022 Gilbert Wolfe CA 3 42M2000150 PO Box 1819 Attachment A
171
Phase II Small MS4 Annual - Report - 2021-2022
Questions & Answers
Q No. Text DropDown Answer CheckBoxAnswer DescriptiveAnswer Date Answer Number Answer null GENERAL
1 Per Section E.1., did you continue to
implement your previously approved storm
water management plan? If 'No', please
provide a brief explanation in the comments
section. (Years 1-9) (Please note: This
question is for renewal permittees only. If you
are a new permittee, please select 'NA')
Yes
2 If you relied on another entity (co-permittee or
SIE) to implement one or more of the permit
requirements did the co-permittee or SIE meet
the permit requirements that were
implemented on your behalf? (Years 1-9) If
'Yes', please attach a copy of the agreement
that you have with the other entity if it is newthis year or if the agreement has changed or been updated since the last time it was
uploaded. If 'No', please provide a brief
explanation.

Yes
null PROGRAM MANAGEMENT
3 Reviewed and/or revised any relevant
ordinances or other regulatory mechanisms, or
adopted any new ordinances or regulatory
mechanisms to obtain adequate legal authority
as specified by Section E.6.a.(ii)(a-j)? (Year 2)
If 'No', please provide a brief explanation in the
comments section.

N/A
4 Certified legal authority, as specified by section
E.6.b.? (Year 2) If 'Yes", attach required
statement signed by an authorized signatory
certifying adequate legal authority to comply
with all Order requirements. (E.6.b.(ii)(a-e)).
(Year 2) If "No", please provide a brief
explanation.

N/A
5 Developed and began implementation of
Enforcement Response Plan as specified by
Section E.6.c.(ii)(a-f)? (Year 3); OR
Implemented the Enforcement Response Plan
as specified in Section E.6.c.(ii)(a-f)? (Years 4-
9) If 'No', please provide a brief explanation.

Yes
null EDUCATION AND OUTREACH
6 Selected one or more of the Public Education
and Outreach options? (E.7.a) (Year 1) If yes,
which option was selected to comply with
section E.7.? Provide answer in comments
section. (Year 1) For countywide/regional
collaborative option selection, upload required
attachment: agreement confirming
collaboration with other MS4s. (Year 1)
N/A
172
7 Developed and began implementation of storm
water public education and outreach program
as specified by section E.7.a.(ii)(a - m)? (Year
2); OR Continued implementation of storm
water public education and outreach program
as specified by section E.7.a.(ii)(a - m)? (Years
3-9) If 'No', please provide a brief explanation.

Yes
8 Developed and began implementation of a
public education strategy that established
education tasks based on water quality
problems, target audiences and anticipated
task effectiveness? (E.7.a.(ii)a) (Year 2); OR
Continued implementation of a public
education strategy that established education
tasks based on water quality problems, target
audiences and anticipated task effectiveness?
(Years 3-5) If 'No', please provide a brief
explanation. THIS QUESTION IS

REDUNDANT WITH THE QUESTIONS

DIRECTLY ABOVE AND HAS BEEN
REMOVED. YOU HAVE NO NEED TO

ANSWER THIS QUESTION
N/A
9 Developed and implemented a training
program for all staff who, as part of their
normal job responsibilities, may be notified of,
come into contact with, or otherwise observe
an illicit discharge or illegal connection to the
storm drain system, as specified by section
E.7.b.1.(ii)(a-g)) (Year 3); OR Continued to
implement the training program for all
appropriate staff? (Years 4-9) If 'NA', please
provide a brief explanation.

Yes
10 Provided construction outreach and education
training for staff implementing construction site
storm water runoff control program, as
specified by section E.7.b.2.a(ii)(a-c)? (Years
2-9) If 'NA', please provide a brief explanation.

Yes
11 Developed and distributed educational
materials to construction site operators, as
specified by section E.7.b.2(b)(ii)(a-d), (Year
3); OR Continued to distribute educational
materials? (Years 4-9) If 'NA', please provide a
brief explanation.

Yes
12 Updated existing storm water website, as
necessary, to include information on
appropriate selection, installation,
implementation and maintenance of BMPs?
(E.7.b.2.(b)(ii)(d)) (Years 3-9) If 'No', please
provide a brief explanation.

Yes
13 Trained employees on how to incorporate
pollution prevention/good housekeeping
techniques into Permittee operations, as
specified by section E.7.b.3.(ii)(a-d)? (Years 2-
9) If 'NA', please provide a brief explanation.

No Yes - Buellton.

No - Solvang. The Maintenance staff was
scheduled to take the pollution prevention and
good housekeeping training on June 29, 2022
but the refresher training had to be
rescheduled; and it was completed on July 6,
2022.
null PUBLIC INVOLVEMENT AND

PARTICIPATION PROGRAM
173
14 Involved the public in the development and
implementation of activities related to the
program, as specified by section E.8.(ii)(a-e)?
(Years 2-9) If 'No', please provide a brief
explanation.

Yes
null ILLICIT DISCHARGE DETECTION AND

ELIMINATION
15 Created and/or maintained outfall map? (E.9.a)
(Years 2-9) If 'No', please provide a brief
explanation.

Yes
16 Included in the outfall map, location of all
outfalls that are operated by the Permittee
within the urbanized area, drainage areas, and
land use(s) contributing to those outfalls that
are operated by the Permittee, and that
discharge within the Permittee's jurisdiction to
a receiving water? (E.9.a(ii)(a)) (Year 2) If 'No',
please provide a brief explanation.

N/A
17 Included in the outfall map, the location (and
name, where known to the Permittee) of all
water bodies receiving direct discharges from
those outfall pipes? (E.9.a(ii)(b)) (Year 2) If
'No', please provide a brief explanation.

N/A
18 Included in the outfall map, priority areas, as
specified in E.9.a.(ii)(c )(1-8)? (Year 2) If 'No',
please provide a brief explanation.

N/A
19 Included in the outfall map, field sampling
stations? (E.9.a(ii)(d)) (Year 2) If 'No', please
provide a brief explanation.

N/A
20 Included in the outfall map, the permit
boundary? (E.9.a(ii)(e)) (Year 2) If 'No', please
provide a brief explanation.

N/A
21 Maintained inventory of all
industrial/commercial facilities/sources within
the Permittee's jurisdiction (regardless of
ownership) that could discharge storm water
pollutants to the MS4? (E.9.b) (Year 2) If 'No',
please provide a brief explanation.

N/A
22 Included in the inventory, the facility name,
address, nature of business/activity, physical
location of storm drain receiving discharge,
name of receiving water and if the
facility/source is tributary to a Clean Water Act
Section 303(d) listed water body segment or
water body segment subject to a TMDL?
(E.9.b(ii)(a)) (Year 2) If 'No', please provide a
brief explanation.

N/A
174
23 Included in the inventory: vehicle salvage
yards, metal and other recycled materials
collection facilities, waste transfer facilities,
vehicle mechanical repair, maintenance or
cleaning; building trade central facilities or
yards; corporation yards; landscape nurseries
and greenhouses; building material retailers
and storage; plastic manufacturers; other
facilities designated by the Permittee or
Regional Water Board to have reasonable
potential to contribute to pollution of storm
water runoff? (E.9.b(ii)(b)) (Year 2) If 'No',
please provide a brief explanation.

N/A
24 Determined if facilities that are required to be
covered under the Statewide Industrial
General Permit (IGP) have done so and
notified Regional Water Board of any nonfilers? (E.9.b(ii)(c)) (Year 2) Attached copies of the notification of non-filers to the Regional
Water Board (E.9.b(ii)(c)) (Year 2) If 'No',
please provide a brief explanation.

N/A
25 Updated the inventory annually? (E.9.b(ii)(d))
(Years 2-9) If 'No', please provide a brief
explanation.

Yes
26 Developed and implemented procedures to
proactively identify illicit discharges originating
from priority areas identified in Section
E.9.a.(ii)(c ), at least once over the length of
the permit term. OR, established a selfcertification program where Permittees require reports from authorized parties demonstrating
the prevention and elimination of illicit
discharges at their facilities in priority areas at
least once over the length of the permit term?
(E.9.b(ii)(e)) (Year 2) OR Implemented the
procedures established per E.9.b.(ii).(e).?
(Years 3-9) If 'No', please provide a brief
explanation.

Yes
27 Conducted field sampling of any outfalls that
were flowing or ponding when it had been
more than 72 hours after the last rain event
(i.e., were suspected of illicit discharges)
during outfall inventory mapping (under section
E.9.a.)? (E.9.c.) (Year 2) If 'No', please provide
a brief explanation.

N/A
28 Conducted monitoring for the parameters listed
in Table 1, or for parameters selected by
Permittee based on local knowledge of
pollutants of concern in priority areas?
(E.9.c(ii)(a)) (Years 2-9) If tailored parameter
action levels, attach justification and
modifications to parameters If 'No', please
provide a brief explanation.

Yes The Cities of Solvang and Buellton do not add
Fluoride to their water system; therefore, the
outfall samples collected are not sampled for
this indicator parameter.

The Tailored Parameter
Justification/Modifications Buellton and
Solvang Transmittal (Email Dated 10/6/17) -
IDDE Sampling Chlorine was uploaded as an
attachment to the Phase II Small MS4 Annual
Report - Traditional 2016 - 2017 Annual
submittal as requested by the CCRWQCB.

Per CCRWQCB, no additional upload is
necessary.
175
29 Verified that indicator parameter action levels
in Table 2, or tailored parameter action levels
were not exceeded? (E.9.c.(ii)(b)) (Years 2-9)
If tailored parameter action levels, attach
justification and modifications to parameter
action levels. If 'No', please provide a brief
explanation.

Yes The Cities of Solvang and Buellton do not add
Fluoride to their water system; therefore, the
outfall samples collected are not sampled for
this indicator parameter.

Per CCRWQCB, no additional upload is
necessary.
30 Conducted follow-up investigations per Section
E.9.d. if the action level concentrations were
exceeded? (E.9.c(ii)(c )) (Years 2-9) If 'No',
please provide a brief explanation.

Yes Yes - Buellton.

NA - Solvang. The City of Solvang did not
have any action level concentrations
exceedances which required follow-up
investigations.
31 Developed written procedures for conducting
investigations into the source of all suspected
illicit discharges? (E.9.d.ii(a-e)) (Year 2) If 'No',
please provide a brief explanation.

N/A
32 Investigated within 24 hours, non-storm water
discharges suspected of being sanitary
sewage and/or significantly contaminated?
(E.9.d.(ii)(a)) (Years 2-9) If 'No', please provide
a brief explanation.

NA The Cities of Solvang and Buellton did not
have any non-stormwater discharges
suspected of being sanitary sewage and/or
significantly contaminated.
33 Prioritized investigations of suspected sanitary
sewage and/or significantly contaminated
discharges over investigations of non-storm
water discharges suspected of being cooling
water, wash water, or natural flows?
(E.9.d.(ii)(b)) (Years 2-9) If 'No', please provide
a brief explanation.

NA The Cities of Solvang and Buellton did not
have any non-stormwater discharges
suspected of being sanitary sewage and/or
significantly contaminated that required
investigations.
34 Reported immediately the occurrence of any
flows believed to be an immediate threat to
human health or the environment to local
Health Department? (E.9.d.(ii)(c)) (Years 2-9)
If 'No', please provide a brief explanation.

NA The Cities of Solvang and Buellton did not
have any flows believed to be an immediate
threat to human health or the environment
requiring notification to local Health
Department.
35 Determined and documented through
investigations the source of all non-storm
water discharges? (E.9.d.(ii)(d)) (Years 2-9) If
'No', please provide a brief explanation.

Yes
36 Implemented corrective actions to eliminate
illicit discharges as specified in section
E.9.d.(ii)(e)? (Years 2-9) If 'No', please provide
a brief explanation.

Yes
37 Developed and began implementing a spill
response plan? (E.9.e) (Year 1); OR
Continued to implement a spill response plan
(Years 2-9) If 'No', please provide a brief
explanation.

Yes
null CONSTRUCTION SITE STORM WATER

RUNOFF CONTROL PROGRAM
176
38 Developed an enforceable construction site
storm water runoff control ordinance for all
projects that disturb less than one acre of soil?
(E.10) (Year 2) If 'No', please provide a brief
explanation.

N/A
39 Created, maintained, and continuously
updated an inventory of all projects subject to
local construction site storm water runoff
control ordinance according to the minimum
requirements listed in section E.10.a(ii)(a-h) ?
(E.10.a) (Years 1-9) If 'No', please provide a
brief explanation.

Yes
40 Developed procedures that include the
minimum requirements listed in section
E.10.b(ii)(a-e) to review and approve
construction plan documents? (i.e., erosion
and sediment control plans). (E.10.b) (Year 1)
If 'No', please provide a brief explanation.

N/A
41 Used legal authority to implement procedures
for inspecting public and private construction
projects and conducted enforcement as
necessary? (E.10.c). (Years 2-9) If 'No', please
provide a brief explanation.

Yes
42 Conducted inspections, at a minimum, at
priority construction sites prior to land
disturbance, during active construction and
following active construction? (E.10.c.(ii))
(Years 2-9) If 'No', please provide a brief
explanation.

Yes
43 Included in inspection, an assessment of
compliance with the Permittee's construction
site storm water control ordinance and other
applicable ordinances? (E.10.c.(ii)) (Years 2-9)
If 'No', please provide a brief explanation.

Yes
44 Active site inspections included inspections of
BMP maintenance, BMP effectiveness and
verification of no pollutant of concern
discharge? (E.10.c.(ii)) (Years 2-9) If 'No',
please provide a brief explanation.

Yes
45 Based inspection prioritization criteria on
project threat to water quality (includes soil
erosion potential, site slope, project size and
type, sensitivity of receiving water bodies,
proximity to receiving water bodies, non-storm
water discharges, projects more than one acre
that are not subject to the CGP and past
record of non-compliance)? (E.10.c.(ii)) (Years
2-9) If 'No', please provide a brief explanation.

Yes
null POLLUTION PREVENTION/GOOD

HOUSEKEEPING FOR PERMITTEE

OPERATIONS PROGRAM
46 Developed and maintained an inventory of
Permittee-owned or operated facilities within
your jurisdiction that are a threat to water
quality, as specified in E.11.a(ii). (Years 2-9) If
'No', please provide a brief explanation.

Yes
177
47 Developed and submitted a map that identifies
the location of inventoried Permitteeowned/operated facilities, storm drainage system corresponding to the each of the
facilities and the receiving water, facility name
and management including contact
information? (E.11.b) (Year 2) If 'No', please
provide a brief explanation.

N/A
48 Conducted annual inspections of and
assessed the pollutant discharge potential for
all Permittee-owned facilities to identify
Hotspots, as specified in section E.11.c? (Year
3); If 'No', please provide a brief explanation
N/A
49 Developed and implemented SWPPPs for
hotspots as specified in section E.11.d.(ii)(ac))? (Year 4) Continued to implement SWPPPs for hotspots? (Years 5-9) If 'No', please
provide a brief explanation.

NA NA - Buellton.

NA - Solvang. The City of Solvang had
previously conducted a Hotspot Site
Investigation on each City owned or operated
facility and did not find a "Severe" or
"Confirmed" Hotspots during the facility
assessments that would require the
development and implementation of a SWPPP.
50 Conducted quarterly visual inspection of
hotspots and hotspot discharge locations?
(E.11.e.(ii)(a and c)) (Years 5-9) If 'No', please
provide a brief explanation.

NA NA - Buellton.

NA - Solvang. The City of Solvang had
previously conducted a Hotspot Site
Investigation on each City owned or operated
facility did not find a "Severe" or "Confirmed"
Hotspots identified during the facility
assessments that would require quarterly
visual inspections of hotspots and hotspot
discharge locations.
51 Conducted annual comprehensive hotspot
inspection? (E.11.e(ii)(b)) (Years 5-9) If 'No',
please provide a brief explanation.

Yes
52 Inspected each inventoried facility that is not a
hotspot once during permit term? (E.11.e(ii)(d))
(Years 5-9) If 'No', please provide a brief
explanation.

Yes
53 Implemented procedures to assess and
prioritize maintenance of storm drain system
infrastructure and assigned a high priority to
each catch basin meeting any of the criteria
listed in section E.11.f(ii)(1-8)? (Year 2) If 'No',
please provide a brief explanation.

N/A
54 Began maintenance of storm drain systems
according to the procedures and priorities
developed according to section E.11.g.(ii)(ae)? (Year 3) If 'No', please provide a brief explanation. THIS QUESTION IS

REDUNDANT WITH THE QUESTIONS

DIRECTLY BELOW AND HAS BEEN
REMOVED. YOU HAVE NO NEED TO

ANSWER THIS QUESTION
N/A
178
55 Developed and implemented a strategy to
inspect storm drain systems, based on the
priorities assigned in section E.11.f.(ii).
(E.11.g.(ii)(a)). (Year 3); OR Continued to
implement the strategy to inspect storm drain
systems? (Years 4-9) If 'No', please provide a
brief explanation.

Yes
56 Developed and implemented a schedule to
clean high priority catch basins and other
systems? (E.11.g.(ii)(b)) (Year 3); OR
Continued to implement a schedule to clean
high priority catch basins? (Years 4-9) If 'No',
please provide a brief explanation.

Yes
57 Ensured that each catch basin in high foot
traffic areas includes a legible storm water
awareness message? (E.11.g.(ii)(c)) (Years 3-
9) If 'No', please provide a brief explanation.

Yes
58 Reviewed and maintained high priority facilities
and removed trash and debris from high
priority areas prior to the rainy season?
(E.11.g.(ii)(d)). (Years 3-9) If 'No', please
provide a brief explanation.

No Yes - Buellton.

No - Solvang. The City of Solvang was not
able to remove trash and debris from all of the
high priority facilities that were identified due to
staffing constraints as result of reduced
manpower, internal reorganization, staffing
level reductions and limited availability of
properly trained staff that was confined staff
training or could operate the vactor truck. The
City was able to clean high priority areas that
did not require vactor truck or confined space
entry restrictions.
59 Developed and maintained a procedure to
dewater and dispose of materials extracted
from catch basins that ensures that water
removed during the catch basin cleaning
process and waste material will not reenter the
MS4? (E.11.g.(ii)(e)). (Year 3) Continued to
implement a procedure to dewater and dispose
of materials extracted from catch basins?
(Years 4-9) If 'No', please provide a brief
explanation.

No Yes - Buellton.

No - Solvang. The City of Solvang not have
any materials extracted from the catch basin
that required dewatering.
60 Developed program to assess O&M activities
for potential to discharge pollutants and
inspected all O&M BMPs quarterly as specified
in section E.11.h.(ii)(a-d)? (Year 3) If 'No',
please provide a brief explanation. THIS

QUESTION IS REDUNDANT WITH THE

QUESTIONS DIRECTLY BELOW AND HAS
BEEN REMOVED. YOU HAVE NO NEED TO

ANSWER THIS QUESTION
N/A
61 Developed and implemented a program that
includes activities listed in section
E.11.h.ii(a)(1-8) to assess operations and
maintenance activities and subsequently
developed applicable BMPs? (E.11.h(ii)(a))
(Year 3); OR Continued to implement a
program to assess O&M activities? (Years 4-9)
If 'No', please provide a brief explanation.

Yes
179
62 Identified all materials that could be discharged
from each of these O&M activities, and which
materials contain pollutants? (E.11.h(ii)(b))
(Years 3-9) If 'No', please provide a brief
explanation.

Yes
63 Developed and identified a set of BMPs that,
when applied during Permittee O&M activities,
will reduce pollutants in storm water and nonstorm water discharges? (E.11.h(ii)(c)) (Year 3); OR Continued to implement identified
BMPs for O&M activities? (Years 4-9) If 'No',
please provide a brief explanation.

Yes
64 Evaluated all BMPs implemented during O&M
activities quarterly? (E.11.h(ii)(d)) (Years 3-9) If
'No', please provide a brief explanation.

No Yes - Buellton.

No - Solvang. The O&M activities assessment
program was implemented during Year 9.

O&M activities assessment inspection forms
were not received for each quarter from each
Division which may have resulted from inactivity during the quarter. 65 Developed and implemented a process for
incorporating water quality and habitat
enhancement into new and rehabilitated flood
management projects? (E.11.i) (Year 3); OR
Continued to implement the process for
incorporating water quality enhancement into
flood management projects? (Years 4-9) If
'No', please provide a brief explanation.

Yes Yes - Buellton.

NA - Solvang.
66 Implemented a landscape design and
maintenance program to reduce the amount of
water, pesticides, herbicides and fertilizers
used by Permittee? (E.11.j) (Years 2-9) If 'No',
please provide a brief explanation.

Yes
67 Evaluated pesticides, herbicides and fertilizers
used and application activities performed and
identified pollution prevention and source
control opportunities? (E.11.j(ii)(a)) (Year 2) If
'No', please provide a brief explanation.

N/A
68 Implemented practices that reduced the
discharge of pesticides, herbicides and
fertilizers as specified in section E.11.j(ii)(b)(1-
4))? (Years 2-9) If 'No', please provide a brief
explanation.

Yes
69 Implemented educational activities for
municipal applicators and distributors?
(E.11.j(ii)(b)(1)) (Years 2-9) If 'No', please
provide a brief explanation.

Yes
70 Implemented landscape management
measures that rely on non-chemical solutions,
including the measures specified in section
E.11.j.(ii)(b)(2)(a-i)? (Years 2-9) If 'No', please
provide a brief explanation.

Yes
71 Collected and properly disposed of unused
pesticides, herbicides and fertilizers?
(E.11.j(ii)(b)(3))(Years 2-9) If 'No', please
provide a brief explanation.

Yes
180
72 Minimized irrigation runoff by using an
evapotranspiration-based irrigation schedule
and rain sensors? (E.11.j(ii)(b)(4)), (Years 2-9)
If 'No', please provide a brief explanation.

Yes
73 Recorded the types and amounts of pesticides,
herbicides and fertilizers used in the permit
area? (E.11.j(ii)(c )) (Years 2-9) If 'No', please
provide a brief explanation.

Yes
null POST CONSTRUCTION STORMWATER

MANAGEMENT PROGRAM
74 Regulated development to comply with
sections E.12.b. through E.12.l of permit?
(E.12.a) (Years 2-9) If 'No', please provide a
brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
75 Required implementation of site design
measures for all projects that create and/or
replace 2,500- 5,000 square feet of impervious
surface (including single family homes, that are
not part of a larger plan of development)?
(E.12.b) (Years 2-9) If 'No', please provide a
brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
76 Implemented standards, including measures
for site design, source control, runoff reduction,
storm water treatment and baseline
hydromodification management, on projects
that create and/or replace more than 5,000
square feet of impervious surface (Regulated
Projects)? (E.12.c) (Years 2-9) If 'No', please
provide a brief explanation.

N/A These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
77 Required Regulated Projects to implement
source control measures? (E.12.d) (Years 2-9)
If 'No', please provide a brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
78 Required Regulated Projects to implement LID
standards designed to reduce runoff, treat
storm water, and provide baseline
hydromodification management to the extent
feasible, to meet the Numeric Sizing Criteria
for Storm Water Retention and Treatment
under section E.12.e(ii)c? (Years 2-9) If 'No',
please provide a brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
79 Developed and implemented hydromodification
management procedures for Regulated
Projects that created and/or replaced one acre
or more of impervious surface as specified by
section E.12.f? (Year 3); OR Continued to
implement hydromodification management
procedures for Regulated Projects? (Years 4-
9) If 'No', please provide a brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
81 Implemented an O&M verification program for
storm water treatment and baseline
hydromodification structural controls measures
on all Regulated Projects, as specified by
section E.12.h.(ii)(a-e)? (Years 2-9) If 'No',
please provide a brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
82 Inventoried and assessed the maintenance
condition of structural post-construction BMPs
within your jurisdiction? (E.12.i) (Years 3-9) If
'No', please provide a brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
83 Developed and maintained a plan to inventory,
map and determine the relative maintenance
condition of structural post-construction BMPs
as specified by section E.12.i(ii)(a-d)? (Year 3);
OR Continued to implement plan to inventory,
map and assessment of maintenance
condition of post-construction BMPs? (Years
4-9) If 'No', please provide a brief explanation.

NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
84 Conducted an analysis of the landscape code
to correct gaps and impediments impacting
effective implementation of post-construction
standards? (E.12.j(ii)(a)) (Year 1) If 'No',
please provide a brief explanation.

N/A
85 Completed any changes to the landscape code
to effectively administer post-construction
requirements? (E.12.j(ii)(b)) (Years 2-9) If 'No',
please provide a brief explanation.

No The Cities of Solvang and Buellton did not find
any impediments with administering the post
construction requirements during the Municipal
Landscape Gap Analysis but the City is
considering future opportunities to improve that
were identified during the analysis and/or
adopt a new ordinance to align with the
Department of Water Resource's Model Water
Efficient Landscape Ordinance (MWELO).
86 Implemented post-construction storm water
management requirements based on a
watershed-process approach as specified by
section E.12.k? (Years 1-9)
NA These requirements are superseded by the
Central Coast adopted Post-Construction
Requirements (PCRs). The Cities shall
comply with the adopted and approved
Stormwater Management Requirements for
Development Projects in the Central Coast
Region dated July 12, 2013.
87 Proposed alternative post-construction
requirements that achieved multiple-benefits
as specified by section E.12.l? (Years 1-9)
No The Cities of Solvang and Buellton did not
submit a proposal to the Regional Water Board
or the Executive Officer to obtain approval for
alternative post-construction measures for
multiple-benefit projects.
null WATER QUALITY MONITORING
88 Indicate which water quality monitoring
approach applies to your jurisdiction. Check all
that apply.
303(d) Monitoring
182
89 If you selected TMDL Monitoring or 303(d)
Monitoring, did you consult with your Regional
Water Board within Year 1 of the permit to
determine monitoring study design and
implementation schedule? (Year 1) If 'No',
please provide a brief explanation.

N/A
90 Indicate if you are or will be conducting water
quality monitoring individually or as part of a
regional program. (Years 1 and 2) If regional
program, list the name of the program in the
text box below. If a Permittee has a population
less than 50,000 AND is not required to
conduct ASBS, TMDL or 303(d) Monitoring
(Sections E.13.(a)-(c)), then enter N/A
91 Provide a status update regarding the
development (including consultation with
Regional Boards, if applicable), submittal
and/or approval of the monitoring study design
and implementation schedule. (Year 1)
92 Upload the Monitoring Study Design and any
available results for the monitoring option that
applies to your jurisdiction. (Year 2)
93 Provide a summary of the implementation of
the water quality monitoring program and
related results. (Year 3-9) Upload the
Monitoring Study Results if monitoring was
completed in the current reporting year.

Refer to attached 303(d) Monitoring Program
Results
null PROGRAM EFFECTIVENESS ASSESSMENT
94 Developed and implemented a Program
Effectiveness Assessment and Improvement
Plan (PEAIP) that includes the minimum
requirements listed in section E.14.a(ii)(a-f))?
(Year 2) Continued to implement the PEAIP?
(Years 3-9) If 'No', please provide a brief
explanation. If 'Yes', upload required PEAIP as
attachment if changes have been made to the
PEAIP since being uploaded for previous
annual reports.

Yes
95 Provide a description of implementation of the
Program Effectiveness Assessment and
Improvement Plan, a summary of data
obtained through effectiveness assessment
measures and the short and long-term
progress of the storm water program and an
analysis of the data as described in section
E.14.a(iii) of the permit. Select "Upload as an
attachment" to attach a
description/summary/analysis or "No
attachment" to explain why an attachment was
not included. (Years 3-9) {required}
Upload as an
attachment
Refer to attached PEAIP Annual Summary
Reports
96 Identified and summarized BMP and/or
program modification identified in priority
program areas that will be made in next permit
term? (E.14.b.(ii)(a-d)) (Year 5) If 'No', please
provide a brief explanation. If 'yes', upload
required PEAIP as attachment. {required if
'Yes'}
N/A
null TOTAL MAXIMUM DAILY LOADS

COMPLIANCE REQUIREMENTS
183
97 Attached TMDL implementation status report
that includes the information listed in section
E.15.d(i-iv)? (Years 1-9) {required if 'Yes'} If
'No', please provide a brief explanation.

NA Although the Santa Ynez River is a 303(d)
impaired water body, it was not identified
within "Phase II Permit Traditional Small MS4
Attachment G-Region Specific Requirements"
that outlines Regional Water Board Approved
TMDLs.
null ADDITIONAL INFORMATION
98 Optional: If you have any additional
information, reports or attachments that you
would like to provide to describe your storm
water program please use the text box and/or
the upload attachment button below. (Years 1-
9)
Refer to attached CASQA OWOW Annual
Summary Report FY 2021-2022 (September
2022)
184
Phase II Small MS4 Annual - Report - 2021-2022

CERTIFICATION
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualilfied personnel properly gathered andevaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best ofmy knowledge and belief true, accurate and complete. I am aware that threre are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Name: Rose Hess Title: Director of Public Works Date: 10/06/2022 185
Phase II Small MS4 Annual - Report - 2021-2022

ATTACHMENTS
Attachment Title Description Date Uploaded Attachment Type Attachment Hash Doc Part No/Total Parts 2021-2022 303(d) MonitoringProgram Results
2021-2022 303(d) MonitoringProgram Results
2022-09-22 23:02:15.0 Supporting Documentation 80ec3f3d1fd0c0f13cfe4e7fd33b52f 816168316be41299f207895a2d7a3c774
1/1
2021-2022-PEAIP AnnualSummary-Solvang
2021-2022-PEAIP AnnualSummary-Solvang
2022-10-05 18:43:50.0 Supporting Documentation 97b97bd8274aabeac2fedfa7b0179 b5b61f7434ccb31cb8a12df137f97a6e587
1/1
2021-2022-PEAIP AnnualSummary-Buellton
2021-2022-PEAIP AnnualSummary-Buellton
2022-09-29 19:31:57.0 Supporting Documentation b972a1d5c2aad64b9834a07e9b36 8cb2716821b085d8764aa951b8918b269f5
1/1
2021-2022 CASQA OWOWAnnual Summary Report
2021-2022 CASQA OWOWAnnual Summary Report
2022-09-27 12:16:58.0 Supporting Documentation 62e5f678844c4f246f775bbb1dfdd6 e1786d7ac6c50d697bd3fbb659c91
1/1
186
County of Santa Barbara Public Works Department
Project Clean Water
123 E. Anapamu Street, Suite 27, Santa Barbara, CA 93101 (805) 568-3440 FAX (805) 568-3434
www.sbprojectcleanwater.org
SCOTT D. MCGOLPIN WALTER RUBALCAVA
Director Deputy Director

Memorandum
Date: September 16, 2022
To: 303(d) Monitoring Partner Agencies:

Erin Maker, Carpinteria
Melissa Nelson, Goleta
Mary Zepeda, Solvang
Rose Hess, Buellton
From: Cathleen Garnand, Project Clean Water Manager, County of Santa Barbara Subject: Transmittal of 303(d) Monitoring Program Results, 2021-2022 The following summary and supporting documents describe implementation of the seventh year of the 303(d) monitoring effort.

Background
In accordance with the NPDES California Phase II General Municipal MS4 Permit (Permit) Section E.13.c 303(d) Monitoring requirements, the County of Santa Barbara Project Clean Water (County), along with the Cities of Carpinteria, Goleta, Solvang, and Buellton (Partner Agencies), implemented the 303(d) Storm Water Monitoring Program. This program, guided by the Monitoring Plan (Geosyntec 2016) and Quality Assurance Project Plan (QAPP, Geosyntec 2016), was approved by the Central Coast Regional Water Quality Control Board in their letter dated March 4, 2016.

This program is also intended to address Permit Section E.14.a. Program Effectiveness Assessment and Improvement Plan requirements by applying the results of the wet weather monitoring from representative urban land use sites to the pollutant Load, Prioritization, Reduction (LPR) Model. The first three years of sampling data were analyzed and summarized in the Urban Stormwater Monitoring Report (Geosyntec, Sept 2018). Recommendations from the report that were implemented in this 2020-2021 sampling year include:
187
• Continue monitoring to create a sufficiently robust dataset in order to determine whether mean concentration values used in the LPR Model should be replaced. • Discontinue pesticides that were not detected in the first three years of the program: carbamates and urea pesticides, diuron and degradates, and neonicotinoids. • Discontinue toxicity because there was no statistically significant correlation found between toxicity and the measured constituents that would cause toxicity (e.g., pesticides, metals, and nutrient detections); without correlation, the data do not provide substantial insight into the characterization of storm water discharges or otherwise inform management decisions.

Additionally, after the October 25, 2021 sampling event, it was determined that sufficient data had been collected to date to populate the model for the residential land use; therefore, monitoring was not conducted at the Solvang and Carpinteria residential land use sites at the latter events.

Summary
During the reporting period of Jul 1, 2021 – Jun 30, 2022, four wet weather events were monitored per the following documents:
• Urban Storm Water Monitoring Plan 2015-2018 (Geosyntec 2016) • 303(d) Storm Water Sampling, Field Sampling Protocol (County 2020) • 303(d) Sampling Details (County 2020)
Three monitoring events per year are targeted for each reference land use site. Table 1 summarizes the event information.

Table 1. Sample Date, Event Total Rainfall, Location, and Reference Land Use Sample Date Event Total
Rainfall (inches) Sample Location Reference Land Use
10/25/21 1.12 Buellton Industrial
10/25/21 1.29 Solvang Residential
10/25/21 1.32 Goleta Commercial
10/25/21 1.32 Goleta Industrial
10/25/21 0.75 Carpinteria Residential
10/25/21 0.75 Carpinteria Urban Agriculture
12/14/21 2.39 Buellton Industrial
12/14/21 2.58 Goleta Industrial
12/14/21 2.54 Carpinteria Urban Agriculture
12/29/21 0.06 Buellton Industrial
12/29/21 0.25 Goleta Commercial*
12/29/21 0.25 Goleta Industrial
3/28/22 0.9 Goleta Commercial*
3/28/22 0.94 Carpinteria Urban Agriculture
Notes: * New monitoring location, due to lack of access at the former commercial land use site.
188
The Sampling Log (Attachment 1) describes the storm events that were tracked throughout the year. The log includes details on forecasts, events that were considered but not monitored, and events that were aborted for reasons such as lack of sufficient runoff forecast or other constraints.

The monitoring results are provided in Attachment 2. Note that numeric thresholds or standards do not exist for many of the parameters analyzed. Those that do have comparative benchmark, criteria, or basin plan objectives, are listed in Attachment 3, along with the sources. Results where values exceeded a benchmark, criteria, or Central Coast Basin Plan objective are discussed below.

Total Aluminum (1,000 micrograms per liter [ug/L])
Carpinteria Residential (1,000 ug/L)
Carpinteria Urban Agriculture (3,600 ug/L; 1,900 ug/L; 1,500 ug/L) Goleta Industrial (1,800 ug/L; 3,700 ug/L)
Possible anthropogenic sources of aluminum are galvanized metal surfaces (roofing, gutters, fences, etc.), automotive parts, and aluminum foil.

Dissolved Copper (10 ug/L)
Carpinteria Urban Agriculture (31 ug/L, 21 ug/L)
Goleta Commercial (17 ug/L)
Goleta Industrial (11 ug/L)
Possible anthropogenic sources of copper are pesticides and herbicides, copper brake pads, and vehicle parts, and roofing and metal plating.

L-Cyhalothrin (3.5 nanograms per liter [ng/L])
Carpinteria Urban Agriculture (4.9 ng/L)
Commercial products used to control insects may be a potential source of L-Cyhalothrin. Pyrethroid insecticides have been used for decades by homeowners, farmers, and commercial pest control operators.

Total Nitrogen (0.38 milligrams per liter [mg/L])
Buellton Industrial (1 mg/L, 0.77 mg/L, 1.5 mg/L)
Carpinteria Residential (1.8 mg/L)
Carpinteria Urban Agriculture (16 mg/L, 6.2 mg/L, 18 mg/L) Goleta Commercial (0.93 mg/L, 2.0 mg/L)
Goleta Industrial (1.4 mg/L, 1.9 mg/L, 2.3 mg/L)
Solvang Residential (2.6 mg/L)
Possible anthropogenic sources of nitrogen are fertilizers in landscaping runoff, improper management of pet and yard wastes, and to a lesser degree, human waste (i.e., outdoor toileting).

Dissolved Phosphorus (0.02188 mg/L)
Buellton Industrial (0.16 mg/L, 0.15 mg/L, 0.20 mg/L)
Carpinteria Residential (0.25 mg/L)
Carpinteria Urban Agriculture (12 mg/L, 2.3 mg/L, 12 mg/L) Goleta Commercial (0.080 mg/L, 0.30 mg/L)
Goleta Industrial (0.19 mg/L, 0.25 mg/L, 0.22 mg/L)
189
Solvang Residential (0.27 mg/L)
Possible anthropogenic sources of phosphorus are fertilizers in landscaping runoff, improper management of pet and yard wastes, and to a lesser degree, human waste (i.e., outdoor toileting). 190
Attachment 1 – Sampling Log for 2021-2022
Rainfall data sources and distance to sampling locations • Carpinteria: Santa Barbara County Flood Control District Official Daily Rainfall Record Station 208, Carpinteria Fire Station, within 0.75 miles of Carpinteria urban agriculture and residential monitoring locations.
• Goleta: Santa Barbara County Flood Control District Daily Rainfall Record Station 440 Goleta Fire Station, within 1.1 miles of Goleta commercial and 2 miles of Goleta industrial monitoring locations.
• Buellton: Santa Barbara County Flood Control District Official Daily Rainfall Record Station 233 Buellton Fire Station #31, within 0.50 mile of the Buellton industrial monitoring location. • Solvang: Santa Barbara County Flood Control District Official Daily Rainfall Record Station 393 Solvang PW Water, within 1.3 miles of the Solvang residential monitoring location.

Rainfall amounts noted below are per storm, not rainfall day (as of 8:00 AM for previous 24 hours). • Tuesday, October 5, 2021:
o Preliminary forecast was for rain to begin early October 7, 2021, with rainfall totals 0.1 to

0.25” throughout Southern California, although no significant rainfall north of Goleta was predicted.
o The County coordinated with the Partner Agencies to staff the monitoring event. • Thursday, October 7, 2021:
o Weather report reflected no measurable rain predicted for South SB County. o County cancelled monitoring the event the evening of October 7, 2021 due to less than

0.1” rainfall predicted for South SB County.

Storm rainfall totals October 7-8, 2021:

Goleta 0.12”, Carpinteria 0.15”
191
• Tuesday, October 19, 2021:
o Preliminary forecast on October 25, 2021 predicted 2” of rain for the Central Coast area. o The County coordinated with Partner Agencies to staff the event. • Wednesday, October 20, 2021:
o Forecast predicted an event total of 1.7”.
o The sampling window was set for early Monday morning. o Monitoring staff, sample courier, and laboratory sample acceptance was confirmed. • Monday, October 25, 2021:
o All applicable sites were collected successfully (Buellton Industrial, Solvang Residential, Goleta Commercial, Goleta Industrial, Carpinteria Residential, and Carpinteria Urban Agriculture).
o Event rainfall totals were:
 Buellton 1.12”
 Santa Ynez 1.29”
 Goleta 1.32”
 Carpinteria 0.75”
192
• Thursday, November 4, 2021:
o Preliminary forecast for rainfall on November 9, 2021. • Friday, November 5, 2021:
o The forecast weakened from initial predictions, with 0.1” to 0.25” predicted north of Point Conception and light chance of rain on the South Coast. 193
• Monday, November 8, 2021:
o Forecast decreased significantly.
o The County cancelled the monitoring event.
• Wednesday, November 10, 2021:
o The event rainfall totals were:
 Buellton: 0.13”
 Santa Ynez: 0.11”
 Goleta: 0.02”
 Carpinteria: 0.01”
• Thursday, December 9, 2021:
o Preliminary forecast for rain December 13, 2021 into the morning of December 14, 2021. o The County coordinated monitoring staff for the event. • Monday, December 13, 2021:
o Precipitation began approximately 6:00 PM.
• Tuesday, December 14, 2021:
o Sampling was initiated Tuesday morning at all locations other than Solvang and Carpinteria residential land use sites (Buellton Industrial, Goleta Industrial, and Carpinteria Urban Agriculture). Additionally, access was denied to the Goleta commercial land use site and monitoring was aborted.
o The event rainfall totals were:
 Buellton 2.39”
 Goleta 2.58”
 Carpinteria 2.54”
194
• Tuesday, December 21, 2021:
o A rain event was forecast December 23, 2021, but could not be sampled due to the lab’s holiday schedule.
o Another rain event was forecast for December 28 and 29. o The County coordinated staffing for the event.
• Monday, December 27, 2021:
o Monitoring was confirmed for December 29, 2021.
o Due to issues with a sampling device, the Carpinteria urban agriculture site would not be monitored during this storm.
• Wednesday, December 29, 2021:
o Three sites were collected successfully during this rain event: Buellton Industrial, Goleta Industrial, and Goleta Commercial. Note: Goleta Commercial had an error on CoC form and therefore not all parameters were analyzed at the lab.
o Event rainfall totals:
 Buellton 0.06”
 Goleta 0.25”
195
• Thursday, March 24, 2022:
o Storm forecast for March 28, 2021.
o Contacted partners requesting availability to sample. o Remaining monitoring locations to be sampled were Carpinteria urban agriculture and Goleta commercial (new location).
o
• Monday, March 28, 2022:
o Samples were successfully collected at both locations (Carpinteria urban agriculture and Goleta commercial)
o Event rainfall totals:
 Carpinteria 0.94”
 Goleta 0.90”
196
197
Attachment 2 – Lab Results for 2021-2022
Analyte
25 Oct 2021
Buellton
Industrial
25 Oct
2021
Carpinteria
Residential
25 Oct
2021
Carpinteria
Urban
Agriculture
25 Oct
2021
Goleta
Commercial
25 Oct
2021
Goleta
Industrial
25 Oct
2021
Solvang
Residential
14 Dec
2021
Goleta
Industrial
14 Dec
2021
Carpinteria
Urban
Agriculture
14 Dec
2021
Buellton
Industrial
29 Dec 2021
Goleta
Industrial
29 Dec
2021
Buellton
Industrial
29 Dec
2021 Goleta
Commercial
28 Mar
2022
Goleta
Commercial
28 Mar
2022
Carpinteria
Urban
Agriculture Units
Water Quality
Guidance
(applicable
source is in
referenced in
Attachment 3) Units Analyte
1,3-Dimethyl-2-nitrobenzene
[surr] 420 426 2440 452 459 501 458 738 492 2020 442 - 374 377 % NA NA 1,3-Dimethyl-2-
nitrobenzene [surr]
Allethrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 1.05 ug/l Allethrin Aluminum, Dissolved ND 26 43 ND 24 ND 28 49 ND 33 28 - 22 42 ug/l NA NA Aluminum, Dissolved Aluminum, Total 940 1000 3600 470 1800 340 940 1900 460 3700 880 - 230 1500 ug/l 1000 ug/l Aluminum, Total Ammonia as N 0.2 0.26 0.28 0.13 0.19 0.15 ND 0.15 ND 0.18 0.10 0.48 0.19 0.27 mg/l NA NA Ammonia as N Azinphos methyl (Guthion) ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.08 ug/l Azinphos methyl
(Guthion)
Bifenthrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 800 ug/l Bifenthrin Bolstar ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Bolstar Cadmium, Dissolved ND ND 0.31 ND ND ND ND ND ND ND ND - ND ND ug/l 1.8 ug/l Cadmium, Dissolved Cadmium, Total 0.31 ND 0.43 ND 0.25 ND 0.21 ND ND 0.35 ND - ND 0.22 ug/l 1.8 ug/l Cadmium, Total Calcium, Total 10.6 6.97 34.2 3.54 7.77 11.3 10.7 13.5 6.81 20.8 19.0 - 9.19 25.4 mg/l NA NA Calcium, Total Chlorpyrifos ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.05 ug/l Chlorpyrifos Copper, Dissolved 4.1 4.9 31 3.4 6.8 4.5 9.4 8 2.9 11 8.4 - 17 21 ug/l 10 ug/l Copper, Dissolved Copper, Total 13 9.5 38 7.4 18 6.3 15 13 5.4 24 13 - 20 25 ug/l NA NA Copper, Total Coumaphos ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.037 ug/l Coumaphos Cyfluthrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 12.5 ng/l Cyfluthrin Cypermethrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 210 ng/l Cypermethrin Deltamethrin/Tralomethrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 0.055 ug/l Deltamethrin/Tralomethrin Demeton-o ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Demeton-o Demeton-s ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Demeton-s Desulfinylfipronil 22 ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 100 ug/l Desulfinylfipronil Diazinon ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 105 ng/l Diazinon Dichloran ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l NA NA Dichloran Dichlorvos ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.035 ug/l Dichlorvos Dimethoate ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 21.5 ug/l Dimethoate Disulfoton ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 1.95 ug/l Disulfoton Ethoprop ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 22 ug/l Ethoprop Ethyl parathion ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Ethyl parathion Fenpropathrin (Danitol) ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 0.265 ug/l Fenpropathrin (Danitol) Fensulfothion 10 ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Fensulfothion Fenthion ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 2.6 ug/l Fenthion Fenvalerate/Esfenvalerate ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l NA NA Fenvalerate/Esfenvalerate Fipronil 31 35 ND ND ND ND ND ND ND ND ND ND ND ND ng/l 0.11 ug/l Fipronil Fipronil sulfide ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l NA NA Fipronil sulfide Fipronil sulfone 35 34 ND ND ND 29 ND ND 31 ND 22 ND ND ND ng/l 0.36 ug/l Fipronil sulfone Hardness as CaCO3, Total 35.5 24.9 140 11.7 26.8 39.1 34.8 53.7 21.4 69.4 63.3 - 29.1 105 mg/l >100 = hard,
<100=soft
mg/l
CaCO3
Hardness as CaCO3,
Total
Iron, Dissolved 31 35 210 28 42 23 40 100 31 43 48 - 36 220 ug/l 5000 ug/l Iron, Dissolved Iron, Total 1500 1400 5400 700 2600 570 1200 2300 680 4600 1300 - 370 2300 ug/l NA NA Iron, Total L-Cyhalothrin ND ND 76 ND ND ND ND ND ND ND ND ND ND 4.9 ng/l 3.5 ng/l L-Cyhalothrin Lead, Dissolved ND 0.30 3.6 ND 0.42 ND 0.66 0.52 ND 0.27 ND - 0.38 2.1 ug/l 50 ug/l Lead, Dissolved Lead, Total 2.1 2.0 11 0.98 6.9 0.43 7.7 2.4 0.79 13 1.2 - 2.0 4.6 ug/l NA NA Lead, Total Magnesium, Total 2.22 1.83 13.4 0.698 1.80 2.63 1.99 4.83 1.07 4.25 3.86 - 1.51 10.2 mg/l NA NA Magnesium, Total Malathion ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.1 ug/l Malathion Merphos ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Merphos Methyl parathion ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.485 ug/l Methyl parathion Mevinphos ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Mevinphos Naled ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.07 ug/l Naled Nitrate as N 0.31 0.59 12 0.22 0.34 0.28 0.57 4.8 0.32 0.59 0.33 0.57 0.41 15 mg/l NA NA Nitrate as N Nitrite as N ND ND 250 ND ND ND ND ND ND ND ND - ND 150 ug/l NA NA Nitrite as N Nitrogen, Total 1 1.8 16 0.93 1.4 2.6 1.9 6.2 0.77 2.3 1.5 - 2.0 18 mg/l 0.38 mg/l Nitrogen, Total NO2+NO3 as N 310 590 12000 220 340 280 620 4900 340 670 410 - 460 15000 ug/l NA NA NO2+NO3 as N o-Phosphate as P 0.31 0.26 13 0.12 0.21 0.30 0.27 4200 0.15 0.23 0.19 0.16 0.36 13 mg/l NA NA o-Phosphate as P 198
Analyte
25 Oct 2021
Buellton
Industrial
25 Oct
2021
Carpinteria
Residential
25 Oct
2021
Carpinteria
Urban
Agriculture
25 Oct
2021
Goleta
Commercial
25 Oct
2021
Goleta
Industrial
25 Oct
2021
Solvang
Residential
14 Dec
2021
Goleta
Industrial
14 Dec
2021
Carpinteria
Urban
Agriculture
14 Dec
2021
Buellton
Industrial
29 Dec 2021
Goleta
Industrial
29 Dec
2021
Buellton
Industrial
29 Dec
2021 Goleta
Commercial
28 Mar
2021
Goleta
Commercial
28 Mar
2021
Carpinteria
Urban
Agriculture Units
Water Quality
Guidance Units Analyte
o-Phosphate as P, dissolved 310 260 13000 120 220 300 270 1200 150 230 190 - 360 13000 mg/l NA NA o-Phosphate as P,
dissolved
Pendimethalin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 140 ug/l Pendimethalin Permethrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 10.6 ng/l Permethrin Perylene-d12 [surr] 141 173 155 154 162 134 148 113 180 194 175 209 196 178 % NA NA Perylene-d12 [surr] Phorate ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l 0.3 ug/l Phorate Phosphorus, Dissolved 0.16 0.25 12 0.080 0.19 0.27 0.25 2.3 0.15 0.22 0.20 - 0.30 12 mg/l 0.02188 mg/l Phosphorus, Dissolved Phosphorus, Total 0.58 0.37 12 0.19 0.38 0.36 0.41 2.4 0.21 0.49 0.31 - 0.44 12 mg/l NA NA Phosphorus, Total Prallethrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 3.1 ug/l Prallethrin Ronnel ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Ronnel Stirophos ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Stirophos Sumithrin (Phenothrin) ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 2.2 ug/l Sumithrin (Phenothrin) Tefluthrin ND ND ND ND ND ND ND ND ND ND ND ND ND ND ng/l 0.035 ug/l Tefluthrin TKN 0.7 1.2 3.4 0.71 1.0 2.3 1.3 1.3 0.43 1.6 1.1 - 1.5 2.2 mg/l NA NA TKN Tokuthion (Prothiofos) ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Tokuthion (Prothiofos) Total Suspended Solids 88 64 350 30 76 15 18 59 16 110 13 - 20 110 mg/l NA NA Total Suspended Solids Trichloronate ND ND ND ND ND ND ND ND ND ND ND - ND ND ng/l NA NA Trichloronate Triphenyl phosphate [surr]
1410 930 3610 893 1100 947 1020 1030 777 3950 821 267 719 524 % NA NA Triphenyl phosphate 289 252 190 314 420 264 210 108 193 573 218 - 382 207 % NA NA [surr] Zinc, Dissolved 140 25 320 73 54 ND 80 91 54 60 84 - 94 270 ug/l 4 ug/l Zinc, Dissolved Zinc, Total 280 63 390 110 180 15 130 110 84 210 140 - 130 290 ug/l NA NA Zinc, Total Notes: ND not detected
NA no applicable water quality guidance
- parameter not analyzed due to a Chain of Custody error 199
Attachment 3 - Water Quality Benchmarks and Thresholds
200
201
City of Solvang
Storm Water Management Program
Program Effectiveness Assessment and Improvement Plan (PEAIP) Annual Summary 2021-2022
September 22, 2022
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TABLE OF CONTENTS
ACRONYMS AND ABBREVIATIONS..................................................................... 3 DEFINITIONS...................................................................................................... 4

1.0 INTRODUCTION ........................................................................................ 5

2.0 DATA ASSESSMENT/COLLECTION METHODS............................................... 6

3.0 DATA ASSESSMENT/COLLECTION – DATA SUMMARY ................................. 6

3.1 NUTRIENTS................................................................................................... 6

3.1.1 Education and Outreach (CASQA Outcome Level 2-3) ..................................................... 6

3.1.2 Public Involvement and Participation (CASQA Outcome Level 2-3) ..................................10

3.1.3 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4)..............................11

3.1.4 Pollution Prevention and Good Housekeeping (CASQA Outcome Level 2-4)......................11

3.1.5 Water Quality Monitoring (CASQA Outcome Level 5)......................................................12

3.2 SEDIMENTATION / SILTATION (Total Suspended Solids)......................... 14

3.2.1 Education and Outreach (CASQA Outcome Level 2-3) ....................................................14

3.2.2 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4)..............................15

3.2.3 Construction Site Stormwater Runoff Control (Outcome Level 2-3)..................................16

3.2.4 Post-Construction Site Stormwater Runoff Control (CASQA Outcome Level 2-3) ...............16

3.2.5 Pollution Prevention and Good Housekeeping (CASQA Outcome Level 2-3)......................16

3.2.6 Water Quality Monitoring (CASQA Outcome Level 5)......................................................17

4.0 SHORT- AND LONG-TERM PROGRAM EFFECTIVENESS.............................. 19 APPENDIX A - Table 5. Nutrients Questions, Data Assessment Methods, and Data Collection Methods, by Program Element .......................................................................................20 APPENDIX B - Table 6. Sedimentation/Siltation (Total Suspended Solids) Questions, Data Assessment Methods, and Data Collection Methods, by Program Element..........................21 203

ACRONYMS AND ABBREVIATIONS
BMPs Best Management Practices
CASQA California Stormwater Quality Association
CBSM Community Based Social Marketing
CCAMP Central Coast Ambient Monitoring Program
CCRWQCB Central Coast Regional Water Quality Control Board COB City of Buellton
COS City of Solvang
E&SCP Erosion & Sediment Control Plan
EMCs Event Mean Concentrations
FOG Fats, Oil and Grease
LPRM Load Prioritization and Reduction Model
MEP Maximum Extent Practicable
MS4 Municipal Separate Storm Sewer Systems
NPDES National Pollutant Discharge Elimination System
OWOW Our Water Our World
PEAIP Program Effectiveness Assessment and Improvement Plan POCs Pollutants of Concern
QAPP Quality Assurance Plan
SMARTS Storm Water Multiple Application and Report Tracking System SMC Solvang Municipal Code
SRP Spill Response Plan
SWCP Stormwater Control Plan
SWMP Stormwater Management Plan
SWPPP Stormwater Pollution Prevention Plan
SWRCB State Water Resources Control Board
TOM Tip of Month
USWMP Urban Stormwater Monitoring Plan
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DEFINITIONS
Pollutant of Concern A pollutant that is reasonably expected to be present in urban runoff and may reasonably be expected to affect the designated uses of the receiving water. Urban runoff pollutants of concern may include sediments, non-sediment solids, nutrients, pathogens, oxygendemanding substances, petroleum hydrocarbons, heavy metals, floatables, polycyclic aromatic hydrocarbons (PAHs), trash, and/or pesticides and herbicides.

Program Element Program Elements are distinct components of a stormwater program that focus on reducing pollutants from a particular activity or pollutant source/target audience. The Program Elements for the Phase II municipal stormwater program include the following:
• Program Management
• Education and Outreach
• Public Involvement and Participation
• Illicit Discharge Detection and Elimination
• Construction
• Pollution Prevention/Good Housekeeping
• Post Construction
• Water Quality Monitoring
Target Audience A “Target Audience” consists of the people (individuals and populations) that are expected to gain knowledge or engage in the behaviors that a stormwater program is intended to elicit. BMPs and other controls are implemented by many types of third parties, so the term “target audience” is broadly defined and virtually any group of people could be a target audience, including municipal staff members, the general public, elected and appointed officials, other government agencies, etc.

Source Anything with the potential to generate pollutants prior to their introduction to the MS4. A typical program broadly addresses the following source categories: residential areas, construction and development sites, commercial and industrial sources, and municipal operations. Sources may alternatively be defined by the populations associated with areas, facilities, or activities, e.g., residents, dogwalkers, mobile car washers, or restaurant employees.

Stormwater
(“Storm Water”)
Any surface flow or storm drainpipe flow, runoff, and drainage consisting entirely of water from precipitation.
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1.0 INTRODUCTION
The City of Solvang (COS and the City of Buellton (COB) prepared and submitted to the State Water Resources Control Board a multi-agency PEAIP for Year 2 on October 13, 2015, through the Storm Water Multiple Application and Report Tracking System (SMARTS) Database. COB and COS subsequently submitted a revision dated February 19, 2016, to be uploaded with Year 3 Annual Report. This report summarizes implementation of the PEAIP for Year 8 of the National Pollutant Discharge Elimination System’s (NPDES) Phase II Small Municipal Separate Storm Sewer Systems (MS4) General Permit, for calendar year July 1, 2020, through June 30, 2021.

The purpose of the PEAIP is to track the short- and long-term effectiveness of the stormwater program, the specific measures that will be used to assess the effectiveness of the prioritized best management practices (BMPs), the groups of BMPs, and/or the stormwater program as a whole. The purpose of the PEAIP is also to provide a description of how the COB and COS will use the information obtained through the PEAIP to improve the stormwater program. The PEAIP outlines the approach that the COB and COS will use to adaptively manage its stormwater program to improve its effectiveness at reducing the identified high- and medium-priority Pollutants of Concern (POCs), thereby achieving the maximum extent practicable (MEP) standard and protecting water quality. The PEAIP is focused on the impact that the stormwater program is having rather than the strict implementation of the program. By focusing the Effectiveness Assessment on this manner, the COB and COS will increase their ability to understand if its stormwater program is achieving the intended outcomes and can identify necessary modifications to the program to make it more effective.

The PEAIP for Year 3-9 focused primarily on the California Stormwater Quality Association (CASQA) Outcome Levels for Target Audiences (Outcome Levels 2-3), and the Sources and Impacts (Outcome Level 4-5). The COB and COS developed management questions for highpriority POCs (Nutrients) and the medium-priority POCs (Sedimentation/Siltation and Total Suspended Solids), and then conducted a data collection assessment of each of these POCs.

The data collected will be utilized by both the COB and COS to improve their respective stormwater program and protect water quality.

In order to determine the specific target audiences and the appropriate prioritized BMPs, the COB and COS reviewed the following: a) proposed TMDLs by the Central Coast Regional Water Quality Control Board (CCRWQCB), b) 2010 303(d) List of Impaired Waterbodies, c) CCRWQCB April 24th, 2014 Consultation Handout “Solvang – Buellton Urban Water Quality Profile”, d) Central Coast Ambient Monitoring Program’s (CCAMP) Ambient Water Quality Data, e) COB and COS Storm Water Management Plan’s (SWMP) Guidance Document’s List of POCs, and f) proposed regional Urban Storm Water Monitoring Plan. Best professional judgment, knowledge of local and/or regional water quality issues and common urban pollutants were also factors in the identification of POCs.

Target audiences for each source of high- and medium-priority POCs have been identified and the COB and COS have actively taken steps, during each permit year, to identify and bridge communication and action barriers through the selection and implementation of prioritized BMPs.

The prioritized BMPs reflect stormwater program activities that are intended to change behaviors of target audiences and result in pollutant source mitigation. The prioritized BMPs, 206
listed below in Figure 8 Prioritized BMP Identified for Target Audiences within COB and COS PEAIP, are being implemented as part of the Cities stormwater program, and where applicable, corresponding data was collected and analyzed at the close of Permit Year 9 in order to assess program effectiveness and identify opportunities for program improvement.

Although the PEAIP was developed as a multi-agency plan between the COB and the COS, each City will prepare and submit an individual PEAIP Annual Summary moving forward beginning in Year 8.

Below is the PEAIP Annual Summary for Year 9:

2.0 DATA ASSESSMENT/COLLECTION METHODS
For the PEAIP, the COS focused its data assessment for Nutrients and Sedimentation/Siltation (Total Suspended Solids) using the Management Questions, Data Assessment and Data Collection Methods outlined within Table 5 and 6 of the COB and COS PEAIP (Appendix A and B). The data assessment for each POC consisted primarily of a qualitative assessment and/or a descriptive statistic methodology and the data collection methods included internal tracking by stormwater program, review of external data sources, interviews/surveys, site investigations/inspections; and monitoring and sampling as described below within COB and COS PEAIP.

3.0 DATA ASSESSMENT/COLLECTION – DATA SUMMARY

3.1 NUTRIENTS

3.1.1 Education and Outreach (CASQA Outcome Level 2-3)

3.1.1.1 Brochure Distribution
The number of education and outreach materials distributed through stormwater brochure displays at the City facilities (City Hall, Planning Department and Parks and Recreation) related to Nutrients include: 6 Gardener’s Guide to Clean Water; 3 Homeowners Guide to BMPs; 14 Recognizing and Reporting Stormwater Pollution; 5 The Ocean Begins on Your Street (3 English and 2 Spanish). In addition, the number of education and outreach materials distributed at the SYVBG Information Kiosk related to Nutrients include: 44 Gardener’s Guide to Clean Water; 46 Recognizing and Reporting Stormwater Pollution; 68 Making the Connection (36 English and 32 Spanish). The COS distributed 100 stormwater bookmarks to both the Solvang Public Library and Solvang School. The City also maintains stormwater bookmarks at the front office of City Hall and within the Planning Department Brochure Display. It should be noted that since Year 5, stormwater education and outreach materials have been posted on the Solvang Public Library’s Information Display Board.

During Year 9, the COS began issuing the Special Events Guide to BMPs with the on-line Special Event Permit Application. In addition, the City also distributed 7 Special Events Guide to BMPs via the brochure display within the Parks and Recreation office. In Year 10, the City will distribute begin attaching the Special Events Guide to BMPs to the applications at the Parks and Recreation Counter
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3.1.1.2 Website File Views/Hits
Note: The Website File Views/Hits/Downloads data reported below is from the period July 1, 2021 - December 31, 2021. The City’s Civic Plus platform was changed on January 1, 2022, resulting in data gaps for the File Views/Hits/Downloads counts. The City will be developing a new google analytic report to obtain the data from January 1, 2022, to present and will update the PEAIP Annual Report FY 2021-2022 when the data becomes available.

The COS’s website received 455 File Views/Hits/Downloads on the following Nutrient related brochures: 128 Gardener’s Guide to Clean Water (65 English and 63 Spanish); 127 Homeowner’s Guide to BMPs (67 English and 60 Spanish); 134 The Ocean Begins on Your Street (67 English and 67 Spanish) and 66 Gardeners Use and Disposal Pesticide Fact Sheet.

The COS’s website received 821 File Views/Hits/Downloads on the following BMP Guides/Posters: 129 Landscaper’s Guide to BMPs (64 English and 65 Spanish); 125 Restaurant’s Guide to BMPs (65 English and 60 Spanish); 126 Special Events Guide to BMPs (67 English and 59 Spanish); 124 Multi-Unit Residential Dwellings Guide to BMPs (64 English and 60 Spanish),69 Mobile Pet Groomer & Stylist Guide to BMPs (English and Spanish), 123 Mobile Cleaners Guide to BMPs (62 English and 61 Spanish) and 125 Cleaning Up Posters (65 English and 60 Spanish). The COS also provides weblinks to additional resources on the City’s website to the Santa Barbara County Project Clean Water, Our Water Our World (OWOW), Less is More website and Santa Barbara County Water Wise website.

3.1.1.3 Event Participation
Note: The Earth Day Event that was hosted in the past by the Santa Ynez Valley Botanic Garden (SYVBG) has been cancelled until further notice. Instead of participating in that event, the COB will partner in the Santa Ynez Valley Open Streets event, which is scheduled for October 30, 2022. The event will promote wellness, sustainability, and healthy living. The SYVBG’s Pooch-a-Palooza event was cancelled due to the COVID-19 pandemic. It may resume in 2023 but has not been scheduled at this point.

During Year 9, the COS participated in 2 education and outreach events (Buellton BBQ Bonanza, State of the City) and sponsored a Stormwater Display Booth at each event. The number of education and outreach materials distributed at these events related to Nutrients include: 1 Gardener’s Guide to Clean Water; 2 Homeowner’s Guide to BMPs; 0 Recognizing and Reporting Stormwater Pollution; 1 The Ocean Begins On Your Street (English); 2 Make the Connection) Giveaways: 5 COB & COS Stormwater Bookmarks) The COS also supported a Coastal Cleanup Day (September 18, 2021) via Explore Ecology and the County of Santa Barbara’s Resources Recovery & Waste Management Division that focused on local cleanup of the Zanja De Cota Creek located in Santa Ynez. In Year 10, the COS is planning to support the next Costal Cleanup Day (September 17, 2022).

The number of visitors to the City’s sponsored event’s Stormwater Display Booth were as follows: Buellton BBQ Bonanza (approximately 100 Visitors) and State of the City (5 Visitors). 208

3.1.1.4 Target Audience

3.1.1.4.1 Landscapers
The COS continues to annually distribute the Landscaper’s Guide to BMPs to City approved Landscape Contractors; and distribute the guide to and other local landscapers when identified via direct mail, email. Additionally, the Santa Barbara County Water Agency continues to disseminate the Landscaper’s Guide to BMPs digitally to all students attending the Green Gardener class offered on-line via Santa Barbara City College and/or Allan Hancock Community College.

3.1.1.4.2 Pet and Animal (Horse/Livestock) Owners
The COS collaborated with the Cities of Buellton, Carpinteria, Goleta, Lompoc, Santa Barbara, and the County of Santa Barbara on a new Pet Owner’s Guide to BMPs that included topics such as minimizing toxic chemical use, wastewater, and waste management; and on a new Animal Care and Handling Facilities Guide to BMPs that included topics such as animal pens/structures/enclosures, bedding, composting, grazing and pasture, minimizing toxic chemical use, waste water and waste management. On April 21, 2022, both BMP Guides were finalized and posted to the City’s website in both English and Spanish. Both COS and COS are working with the Santa Barbara County Animal Services to distribute the BMP Guides on behalf of the City’s and Partner City’s to Pet and Animal (Horse/Livestock) Owners.

3.1.1.5 Direct Mailers/Media Campaign

3.1.1.5.1 Articles
During Year 9, the COS submitted for publication the following stormwater pollution prevention articles within the Santa Ynez Valley News: ”Check Your Drainage”, “How to Recognize and Report Illicit Discharges” and “Pollution Prevention Tips for Pet Owners and Animal Care and Handling Facilities”.

3.1.1.5.2 Direct Mailers
During Year 9 the COS did not have any direct mailers but rather focused on development of new Pet Owner and Animal Care & Handling Facilities Guide to BMPs for distribution via the Santa Barbara Animal Services as noted in Section 3.1.1.4.2.

3.1.1.5.3 Tip of the Month
The COS Stormwater and Water Conservation webpages contain Tip of the Month (TOM) that is published annually and can be downloaded. The Stormwater TOM contain nutrient related Tips such as:

April: Using less-toxic products at home to help reduce pesticide pollution in your community. Look for Eco-Friendly tags on the product shelves of nurseries and hardware stores to help you identify less-toxic alternatives. Visit the Our Water Our World (OWOW) website or a local participating business in Solvang (Valley Hardware) or in Buellton (Farm Supply and Windmill Nursery) where you can find a brochure display with information about less-toxic product alternatives to use on specific garden pests. 209
October: Pet waste can be a significant source of fecal coliform bacteria in urban watersheds. We need the help of pet owners to reduce bacteria contamination in our community. Let’s Close the Poop Loop (CTPL) by continuing to pick up after our dogs and toss the waste in the trash. Visit your City’s Stormwater Management webpage (Buellton or Solvang) and the Close the Poop Loop website to find out the Truth About Dog Poop.

The COS also worked with the Solvang Chamber of Commerce to re-establishing the publishing of the Stormwater and Water Conservation TOM within their E-Newsletter at least one time per month. Buellton Chamber of Commerce continues to publish the Stormwater and/or Water Conservation TOM within their monthly E-Newsletters.

3.1.1.6 Community Based Social Marketing (CBSM) Campaign

3.1.1.6.1 Our Water Our World (OWOW) Campaign
During Year 9, the COS continued implementing the Community Based Social Marketing (CBSM) OWOW Campaign and maintained the display racks within Valley Hardware which provide customers with fact sheets on specific pests. The campaign uses a point-of-purchase strategy to encourage stores to carry less-toxic products, and to educate staff and customers on how to choose and use eco-friendly pesticide products. The program provides current information on products and Integrated Pest Management techniques through training of store staff, and a series of fact sheets for the general public. The reduction of pesticide uses and the use of less-toxic products around the home can lead to a reduction of pollutants in run-off and local waterways as well as a healthier environment for the public.

The COS also conducted a review of OWOW’s New 2020 Less-Toxic Product List with assistance of Valley Hardware staff, The review resulted in an update to the store’s OWOW Product List and the installation of shelf-talkers for > 50 less-toxic products newly identified.

The number of education and outreach materials distributed at the Valley Hardware included:
214 Fact Sheets - 26 Less Toxic Products, 6 10 Most Wanted, 32 Ants (30 English and 2 Spanish), 15 Aphids, 7 Cockroaches, 11 Flees, 17 Healthy Gardens, 14 Lawn, 8 Mosquitos, 2 Pesticides, 3 HHW Facilities SBC, 26 Rats & Mice (25 English and 1 Spanish), 16 Roses, 8 Snails & Slugs, 8 Spiders, 10 Weeds, 5 Yellowjackets which was a 32% increase from the previous reporting year
In Year 10, the COS will continue to implement the CBSM OWOW Campaign with work with OWOW Partner stores to encourage them to take a more active role in identifying Eco-Friendly Products at the time of purchase; and to engage the City when Eco-Friendly Products ShelfTalkers are needed for new products or to replace damaged/missing Shelf-Talkers. In addition, Santa Barbara County’s OWOW Partner Stores will be visited by Plant Harmony and will receive training during the site visit.

Plant Harmony will also evaluate the location and needs of the OWOW materials, print ShelfTalkers as needed and install a laminated QR Code Poster on the display rack. The new QR Code Poster was created to allow for digital access to the fact sheets for pesticides and will be able to track which fact sheets that were viewed in the OWOW partner stores throughout California on a monthly basis.
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3.1.1.6.2 Pet Waste Campaign
The COS continues to promote the CTPL Pet Waste Campaign on the City’s Stormwater Management webpage and through distribution of CTPL Dog Dispensers for Pet Waste and Stormwater Bookmarks at events and City Hall as well as through BMP Guides (Mobile Pet Groomer & Stylist, Pet Owners) and CTPL Postcards. The City will continue to promote the CTPL campaign through information that is posted at the SYVBG Information Kiosk Display Board and at the Solvang Public Library’s Stormwater Display Board; and offer free CTPL Dog Dispensers for Pet Waste at City Hall, and at designated events. During Year 9, the City restocked 35 CTPL Dog Dispensers for Pet Waste at City Hall and 43 CTPL Dog Dispensers for Pet Waste along with 23 CTPL Postcards were distributed at the Buellton BBQ Bonanza

3.1.1.7 IDDE Training
There were 24 City Staff (9 new and 14 existing), 1 Contract Staff that were provided IDDE Training. All new City Staff and Interns were provided a Quiz following the initial training. All existing City Staff were provided a Quiz that was used to access trained staff’s knowledge in the identification of an illicit discharge, proper reporting and response to the illicit discharge or illegal connection. Based on the completed quizzes received, the annual assessment of exiting City Staff demonstrates an increase in stormwater general awareness amongst staff as indicated by the average score of 98.5% correct which is a 4.5% increase from the previous year of 94%.

As a result, 5 of the 8 possible spills and/or illicit discharges reported were from City Staff; and the other 2 were from an external agency and/or public notification.

3.1.2 Public Involvement and Participation (CASQA Outcome Level 2-3)

3.1.2.1 Program Survey
During Year 9, the City continued to maintain an on-line Stormwater Management Program survey to assess the public’s knowledge on their Stormwater Management Program (SWMP).

Based on the lack of participation in the on-line survey received [Year 2 (10 Responses), Year 3 (6 Responses), Year 4 (2 Responses), Year 5 (0 Responses), Year 6 (0 Response), Year 7 0 Response), Year 8 (0 Responses) and Year 9 (1 Response)], the COS will continue to implement the alternative approach of promoting the on-line survey through direct interactions at an event and will continue to engage the residents and business through direct mailers to take the on-line survey.

Although the COS’s stormwater website on-line survey results showed a decline for Year 4-9, the City altered its approach of promoting the on-line survey through direct interactions at an event that resulted in an increase total participation for Year 4 (22 Responses), Year 5 (11 Responses) and Year 6 (14 Responses) , Year 7 (10 Responses COB and 10 Responses COS) Year 8 (No Events due to COVID-19 Outbreak) and Year 9 (16 Responses). In Year 10, the COS will continue to promote taking the stormwater survey on the City’s website and through direct mailers such as the City’s water bill insert.
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3.1.2.2 Event Participation
The public did participate and visit the stormwater display booth at both the Buellton BBQ Bonanza and the State of the City event. The number of visitors and surveys completed were as follows: Buellton BBQ Bonanza (100 Visitors, 16 Surveys) and State of the City (5 Visitors, 0 Surveys). In Year 10, COS will also work together with Buellton to develop a new joint stormwater survey for the next Buellton BBQ Bonanza to promote and assess our respective stormwater programs.

3.1.2.3 Interested Parties Sign-up
The COS did not have any interested Parties Sign-up at an event or through the City’s Stormwater Management webpage but will continue to promote and encourage the public signup on-line and at events.

3.1.3 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4)

3.1.3.1 Legal Authority
The COS continued to implement its IDDE Program through SMC Title 14 Stormwater Management also known as the Stormwater Management Ordinance and the COS Stormwater Program Management Certification Statement which provides the COS full legal authority to implement and enforce each of the NPDES Phase II MS4 General Permit requirements.

3.1.3.2 IDDE Procedures
The COS continues to implement a Spill Response Plan which provides guidance to City Staff responding to a complaint or notice of a spill, illicit discharge, or illegal connection; and investigating to locate and identify the source of a non-stormwater discharge.

3.1.3.3 IDDE Site Investigations/Inspections/Enforcement There were 2 out of 8 site investigations/complaints associated with potential or confirmed Nutrient related discharges during Year 9. As a result of these 2 nutrient related investigations/complaints, the COS issued 2 verbal warnings, 1 stormwater outreach), 1 written notices with both incidents were resolved/closed through the IDDE Program. The COS will continue to conduct stormwater education and outreach efforts whenever possible through direct integrations or through direct mail/media campaign.

3.1.4 Pollution Prevention and Good Housekeeping (CASQA Outcome Level 2-4)

3.1.4.1 Fats, Oil and Grease (FOG) Inspections
The COS’s FOG Program continues to be managed by the Wastewater (WW) Division. The WW Division provides FOG control material to new FSE and existing businesses experiencing FOG problems, surveys are not part of their education and outreach program.

The COS has a low incident of FOG related SSO in the City’s commercial services areas. From 212
a collection system perspective, the FOG-control program is achieving the FOG-control’s number one goal of preventing main line blockage and spills. While additional data collection related to FOG-control is not discouraged it is also not a top priority for the collection system staff.

In Year 10, The COS will also continue to promote the on-line Solvang Restaurant Survey via the City’s website despite to have a lack of participation and will promote the survey through the City’s Water Bill Insert.

3.1.4.2 Green Waste Management
The COS continues to contract with a local waste hauler for management of green waste and coordinates/promotes green waste recycling in the community through the waste hauler.

3.1.4.3 Pet Waste Management
The COS continues to maintain 14 Mutt Mitt Stations at the following locations to help eliminate pet waste from entering our local waterways: 4 Hans Christian Andersen Park, 3 Sunny Fields Park, 2 Solvang Park, 1 Veterans Memorial Building, 2 Skytt Mesa residential area, 1 Parking Lot 4 and 1 Creekside residential area (open space). The COS Mutt Mitt Program purchased approximately 48,000 bags during Year 9 for the Bi-weekly Maintenance and refilling the Mutt Mitt Stations.

3.1.4.4 Pollution Prevention and Good Housekeeping Training The COS continues to provide Biennial Training as described within the Pollution Prevention and Good Housekeeping (CASQA Outcome Level 2-4) Section to ensure City Staff are incorporating pollution prevention/good housekeeping techniques into Permittee Operations.

During Year 9, the Maintenance Staff was scheduled to take the pollution prevention and good housekeeping training on June 29, 2022, but the refresher training had to be rescheduled; and it was completed on July 6, 2022.

3.1.5 Water Quality Monitoring (CASQA Outcome Level 5)
The COS continues to participate in the Santa Barbara County Public Works Department's regional water quality monitoring program. The draft Urban Storm Water Monitoring Plan (titled Receiving Water Monitoring Plan) FY 2015-2018 was submitted to Region 3 Water Board on December 29, 2014. This plan included a regional monitoring approach for Cities of Buellton, Solvang, Carpinteria, Goleta and the County of Santa Barbara. The Quality Assurance Project Plan along with the updated Urban Storm Water Monitoring Plan, revised to address comments from the CCRWQCB was submitted on October 13, 2015, through the SMARTS Database. On March 4, 2016, Santa Barbara County Project Clean Water received Executive Officer Approval for the revised Urban Stormwater Monitoring Plan (USWMP) and the Quality Assurance Plan (QAPP). Monitoring was initiated during Year 3 and results was reported as part of the Year 3 and subsequent Annual Reports.

The results of the USWMP provided a land use-based pollutant load prioritization and reduction model (LPRM) that was used to calculate wet weather loads produced in the monitoring area, prioritize catchments for BMP placement, and evaluate the performance of existing and future 213
BMPs. The monitoring data collected in Year 3 through the activities described in this Plan was used to inform the model, by providing site-specific land use pollutant concentration data. As described within the USWMP, the monitoring outfalls will be selected based on their drainage areas consisting of a more or less homogenous land use category. The first year of wet weather urban runoff was initiated in Year 3.

During Year 3, four storms were monitored at a total of 6 sites representing different land use types. Stormwater run-off was analyzed from 8 to 10 storms and the data was used to revise the event mean concentrations (EMCs) of the model to reflect local runoff concentrations in the modeling results that were reported in the regional 303(d) Monitoring Program FY 2015-2016.

The CCRWQCB issued Technical Report Order 13267 on June 13, 2016, that requires the submission of the following reports that document progress on key activities relating to completing spatially based stormwater volume and pollutant loading estimates; • Report #1: Catchment Delineation and Relevant Attributes that support catchment scale stormwater volume and pollutant loading analysis (Due Date: August 12, 2016); • Report #2: BMP Inventory for all Centralized and Decentralized BMPs within the City; Stormwater Volume and Pollutant Loading-Unmitigated Condition and Catchment RankingUnmitigated Condition for all catchments within the City (Due Date June 30, 2017); • Report #3: BMP Assessment for all BMPs using an effective approach for assessing structural BMP performance, estimate stormwater volume and pollutant load reduction based on the intended BMP function and current BMP condition based on the BMPs ability to function relative to intended design (Due Date: June 30, 2018; Revised Due Date:

October 15, 2018); and
• Report #4: Stormwater Program Modifications Fifth Year Report (Due Date: October 15, 2018).

On November 10, 2016, the CCRWQCB provided comments on how to refine the model approach to meet specific requirement listed in Technical Report Order 13267. The CCRWQCB approved the revised LPRM on July 18, 2017, which included the ability to determine the percent capture of the BMPs implemented based on the standard design attributes. The BMPs inventoried along with the results of the BMP Field Assessment will be uploaded to the LPRM and the new modeling results will be reported in the Technical Report Order 13267 Report #3.

Although water quality monitoring has continued since 2016, the COS sent a Notification Letter to the Central Coast RWQCB on February 4, 2021, regarding the need for temporary adjustment to their Stormwater Program due to COVID-19 directives and related to safety incident involving a sampler. The COS and partner agencies considered these concerns along with the risk involved throughout the sampling procedure to make the decision to postpone any further sampling under the 303(d) sampling program until next season. In lieu of sampling that would have been conducted during Year 8, the COS committed the equivalent amount of funds approximately $1,166* to cleanup/abatement of sediment accumulation impacting Outfall 20 and

21. Following the submittal of the notification letter, the COS allocated additional funds to cleanup/abatement of sediment accumulation impacting Outfall 19. 214
Note: * = Correction. The cost of Sampling 3 Events is approximately $2,300/year (total~7,000 spilt amongst partners with County taking 2 portions). The Amount of Equivalent Funds for COS to allocate toward cleanup/abatement is $1,166/year.

Although contracts were executed on May 6, 2021, at a cost of $3,900 for Outfall 20 and 21; and $3,700 for Outfall 19 for a total of $7,600 which exceeded original allocated funds, the work was scheduled in July due to the additional budgetary constraints. The cleanup/abatement work for Outfall 19 was completed by July 16, 2021, with the removal of 1 cubic yard of sediment; and has a tentative date of October 30, 2021, date for needed repair of outfall pipe.

During Year 9, the cleanup/abatement work for Outfall 20 and 21 was completed on August 25, 2021, with the estimated removal of 5 cubic yards of sediment. The Outfall 19 pipe repair was completed on November 19, 2021. In addition, the COS was able to conduct sampling at the low residential site location during the October 25, 2021, rain event. Based on review of 3 years’ worth of data, it was determined that the low density residential site in Solvang would not need to be sampled as part of the 303(d) sampling program during the December 13, 2021, storm event due to having sufficient data for this land use type. As a member of the regional monitoring program, COS will be working with the Santa Barbara County Project Clean Water and monitoring partners to determine a new multi-family or high density residential sampling location in order to develop a fuller data set for the LPR model in Year 10.

3.2 SEDIMENTATION / SILTATION (Total Suspended Solids)

3.2.1 Education and Outreach (CASQA Outcome Level 2-3)

3.2.1.1 Brochure Distribution
The number of education and outreach materials distributed through stormwater brochure displays at the City facilities (City Hall, Planning Department and Parks and Recreation) related to Sediment include: 3 Construction Industry’s Guide to BMPs and 4 Prevent Soil Erosion on Your Property – A Homeowner’s Guide to Erosion Control.

The COS continues to issue the Construction Industry’s Guide to BMPs during interactions with applicants that visit the Planning Department. In Year 10, the COS will continue to distribute educational materials to construction site operators during initial interactions in the field.

3.2.1.2 Website File Views/Hits
Note: The Website File Views/Hits/Downloads data reported below is from the period July 1, 2021 - December 31, 2021. The City’s Civic Plus platform was changed on January 1, 2022, resulting in data gaps for the File Views/Hits/Downloads counts. The City will be developing a new google analytic report to obtain the data from January 1, 2022, to present and will update the PEAIP Annual Report FY 2021-2022 when the data becomes available.

The COS’s website received 256 File Views/Hits/Downloads on the following Sediment related BMP Guides/Posters/Brochures: 126 Construction Industry’s Guide to BMPs (64 English and 62 215
Spanish), 65 Prevent Soil Erosion on Your Property – A Homeowner’s Guide to Erosion Control, 65 EPA’s Stormwater and the Construction Industry Poster.

The COS also provides weblinks to additional resources on the City’s website to the Santa Barbara County Project Clean Water and California Stormwater Quality Association.

3.2.1.3 Construction Outreach
The COS maintained connections to construction contractors through inspections which occur prior to land disturbance (prior to rainy season) to ensure BMPs have been installed and at a minimum monthly during active construction and following active construction to ensure the construction contractors are informed of proper erosion and sediment control measures. On July 28, 2021, the City forward a copy of the Monterey Regional Stormwater Management Program’s (MRSWMP) Free Virtual Post-Construction Requirements Workshop to be held on August 12, 2021, to 36 developers and project design teams that are known to work within the City of Solvang. The MRSWMP used Santa Barbara County’s Stormwater Technical Guide as a template, so it was a good opportunity to review similar sections of the guide.

In Year 10, the COS will continue to forward training/workshop information to construction site operators when opportunities become available.

3.2.1.4 Permittee Staff Training
There was 1 Contract Staff was provided Permittee Staff Training which covered topics such as:
construction stormwater awareness, stormwater outreach materials (Construction Industry’s Guide to BMP and Stormwater and the Construction Industry Poster), Construction Site Inventory and PCR Tracking Log, Erosion and Sediment Control Review Plan Checklist, Stormwater Control Plan Review Checklist, Construction Site Stormwater Compliance Inspection Checklist, the Post-Construction Resolution and the Santa Barbara County Stormwater Technical Guide.

3.2.2 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4)

3.2.2.1 Legal Authority
The COS continued to implement its IDDE Program through SMC Title 14 Stormwater Management also known as the Stormwater Management Ordinance and the COS Stormwater Program Management Certification Statement which provides the COS full legal authority to implement and enforce each of the NPDES Phase II MS4 General Permit requirements.

3.2.2.2 IDDE Procedures
The COS continues to implement a Spill Response Plan which provides guidance to City Staff responding to a complaint or notice of a spill, illicit discharge, or illegal connection; and investigating to locate and identify the source of a non-stormwater discharge. 216

3.2.3.3 IDDE Site Investigations/Inspections/Enforcement There were no site investigations associated with sediment related discharges from construction projects in Year 9. As part of the Stormwater Management Program, the COS continues to work with construction contractors, residents, and businesses to resolve any corrective actions and/or discrepancies found during the inspection and through receipt of a notification or complaint.

3.2.3 Construction Site Stormwater Runoff Control (Outcome Level 2-3)

3.2.3.1 Permit Issuance/Plan Approvals
During Year 9, the COS issued 1 new construction site grading permit for a project that required an E&SCP and a Stormwater Control Plan (SWCP) but not a Stormwater Pollution Prevention Plan (SWPPP). In total, the COS approved 1 Erosion & Sediment Control Plan and 3 Stormwater Control Plans.

3.2.3.2 Construction Site Inspections/Enforcement
The COS inspected 5 construction sites monthly during Active Construction. One (1) of the 5 construction sites transitioned from an active construction inspection to a following active construction inspection and will continued to be inspected monthly until such time the project is deemed closed. The project status of the 7 construction sites are as follows: On-Hold (PendingNo Soil Disturbance)-1, Active Construction-4, and Closed-2. In total, the COS conducted 2 Prior to Land Disturbance (during rainy season) Inspections, 46 Active Construction Inspections, 6 Following Active Construction Inspection.

In Year 10, the COS will continue to monitor the erosion and sediment control measures at each construction site and continue to work with construction contractors to resolve any corrective actions and/or discrepancies found during the inspection. The City also continue to send NOAA Hourly Weather updates when rainfall estimates are 0.5 inches or greater to encourage inspection of the construction sites and install/repair/replace erosion and sediment control BMPs or other temporary BMPs as needed to secure the site prior to rain.

3.2.4 Post-Construction Site Stormwater Runoff Control (CASQA Outcome Level 2-3) During Year 9, six (6) out of 7 construction sites received discretionary/ministerial approval after March 6, 2014. Five (5) of the 7 construction projects required to develop a SWCP to comply with PCR Measures;1 construction project approval predates the PCRs; and 1 construction project is considered unregulated per PCRs section B.1.a as it was too small (less than 2,500 SF) . All 7 construction sites have or will be implementing LID measures.

3.2.5 Pollution Prevention and Good Housekeeping (CASQA Outcome Level 2-3)

3.2.5.1 Street Sweeping
During Year 9, the COS Street Sweeping Maintenance Contractor continued to conduct Street Sweeping Activities on all municipal streets (residential and arterial city streets) bi-monthly, downtown village area once per month, alleys downtown every month, and Hans Christian Andersen Park and Sunny Fields Park quarterly. By conducting street sweeping activities on a 217
regular basis, the COS minimizes sediment and other pollutants from the entering the storm drain conveyance system.

3.2.5.2 Storm Drain Assessing & Prioritizing Maintenance Activities The COS continued the implementation of the Storm Drain System SOP for Assessing & Prioritizing Maintenance Activities to comply with all required program elements of the NPDES Phase II MS4 General Permit. The COS has over 360 drainage structures (including approximately 209 catch basins, 10 drop inlets, 29 inlets, 22 outfalls, 1 detention basin, etc.) that are routinely inspected and managed by City staff. It is cost prohibitive to inspect every linear foot of the City’s large storm drain system on a short-term schedule. For this reason, the City uses a planning approach to focus inspection of approximately 75 catch basin, inlet, drain structures deemed high priority for inspection based on the geographical location within a priority land use area. The City used the GIS database to develop the method for prioritizing and assessing the inventory and will continue with the assessment method as outlined within the Storm Drain System SOP.

During Year 9, the COS was able to perform any storm drain inspections of the high priority catch basins but was not able to remove trash and debris from all of the high priority facilities that were identified due to staffing constraints as result of reduced manpower, internal reorganization, staffing level reductions and limited availabity of properly trained staff that was confined staff training or could operate the vactor truck. The City was able to clean high priority areas that did not require vactor truck or confined space entry restrictions.

The City was able to complete the cleanup/abatement work for Outfall 20 and 21 with the estimated removal of 5 cubic yards of sediment; and the Outfall 19 pipe repair. In August/September of Year 10, the COS is planning to resume inspections and maintenance all catch basin, inlet and drainage structures deemed a high priority within the priority land use area.

3.2.5.3 Hotspot Inspections
The COS does not have any “Confirmed” or “Severe” Hotspot” that required quarterly inspections. During Year 9, the COS performed annual inspections on 2 locations that are deemed “Potential” Hotspots – (1) Municipal Annex Building/Maintenance Shop; and (2) Corporate Yard. All observations from facility assessments were recorded on Hotspot Site Investigation Forms that were completed in accordance with the Center for Watershed Protection’s Restoration Manual Series guide on Urban Subwatershed and Site Reconnaissance: A User’s Manual. Observations included any potential and observed pollution sources from vehicle operations, outdoor materials, waste management, and physical plant (including building maintenance, parking lots, downspouts, onsite construction activities), turf/landscaping areas and storm water infrastructure at these facilities.

3.2.6 Water Quality Monitoring (CASQA Outcome Level 5)
The COS continues to participate in the Santa Barbara County Public Works Department's regional water quality monitoring program. The draft Urban Storm Water Monitoring Plan (titled Receiving Water Monitoring Plan) FY 2015-2018 was submitted to Region 3 Water Board on December 29, 2014. This plan included a regional monitoring approach for Cities of Buellton, Solvang, Carpinteria, Goleta and the County of Santa Barbara. The Quality Assurance Project 218
Plan along with the updated Urban Storm Water Monitoring Plan, revised to address comments from the CCRWQCB was submitted on October 13, 2015, through the SMARTS Database. On March 4, 2016, Santa Barbara County Project Clean Water received Executive Officer Approval for the revised Urban Stormwater Monitoring Plan (USWMP) and the Quality Assurance Plan (QAPP). Monitoring was initiated during Year 3 and results was reported as part of the Year 3 and subsequent Annual Reports.

The results of the USWMP provided a land use-based prioritization and reduction (LPRM) model that was used to calculate wet weather loads produced in the monitoring area, prioritize catchments for BMP placement, and evaluate the performance of existing and future BMPs. The Plan was used to inform the model, by providing site-specific land use pollutant concentration data. As described within the USWMP, the monitoring outfalls were selected based on their drainage areas consisting of a more or less homogenous land use category. The first year of wet weather urban runoff was initiated in Year 3.

October 15, 2018); and
• Report #4: Stormwater Program Modifications Fifth Year Report (Due Date: October 15, 2018).

The COS submitted the required Technical Order Reports #1-4 and continues to participate in the regional water quality monitoring program. The Cities will also continue to conduct annual Condition Assessment Observations for each BMP Inventoried in accordance with the Attachment B - BMP Condition Assessment Guidance to the LPR Model Technical Report. 219
Although water quality monitoring has continued since 2016, , the COS sent a Notification Letter to the Central Coast RWQCB on February 4, 2021, regarding the need for temporary adjustment to their Stormwater Program due to COVID-19 directives and related to safety incident involving a sampler. The COS and partner agencies considered these concerns along with the risk involved throughout the sampling procedure to make the decision to postpone any further sampling under the 303(d) sampling program until next season. In lieu of sampling that would have been conducted during Year 8, the COS committed the equivalent amount of funds approximately $1,166* to cleanup/abatement of sediment accumulation impacting Outfall 20 and

21. Following the submittal of the notification letter, the COS allocated additional funds to cleanup/abatement of sediment accumulation impacting Outfall 19.

Note: * = Correction. The cost of Sampling 3 Events is approximately $2,300/year (total~7,000 spilt amongst partners with County taking 2 portions). The Amount of Equivalent Funds for COS to allocate toward cleanup/abatement is $1,166/year.

4.0 SHORT- AND LONG-TERM PROGRAM EFFECTIVENESS
During Year 9, the COS was determined to maintain its two short term goals: (1) Comply with the NPDES Phase II MS4 General Permit requirements and to fully implement the SOPs developed during this permit term to minimize the identified high- and medium-priority POCs from entering the Storm Drain System; and (2) Continue its education and outreach efforts and to collect and track program data that will be used to modify and improve the City’s Storm Water Management Program.

The COS maintain its long-term goal of the effectiveness assessment program to reduce pollutants from the MS4 to the maximum extent practicable. By applying BMPs that are effective in reducing or eliminating the discharge of pollutants to the waters of the U.S. Through the emphasis of pollutant reduction and source control BMPs to prevent pollutants from entering storm water run-off. The COS recognizes that this is a dynamic process and may require changes over time as we gain experience and as new science and technologies become available.
220
APPENDIX A - Table 5. Nutrients Questions, Data Assessment Methods, and Data Collection Methods, by Program Element
221
APPENDIX B - Table 6. Sedimentation/Siltation (Total Suspended Solids) Questions, Data Assessment Methods, and Data Collection Methods, by Program Element 222
City of Buellton
Stormwater Program Effectiveness
Assessment and Improvement Plan
Annual Summary 2021-2022
October 15, 2022

PRESENTED TO PREPARED FOR
Central Coast Regional Water Quality
Control Board
895 Aerovista Place, Suite 100
San Luis Obispo, CA 93401
City of Buellton
Public Works Department
107 West Highway 246
Buellton, CA 93427

PREPARED BY
Tetra Tech
3201 Airpark Drive, Suite 108
Santa Maria, CA 93455
223
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 2 TABLE OF CONTENTS

1.0 INTRODUCTION..........................................................................................................................4

2.0 PROGRAM ASSESSMENT METHODS ..............................................................................................6

3.0 PROGRAM EFFECTIVENESS ASSESSEMENT FINDINGS ...................................................................10

3.1 Nutrients ......................................................................................................................................................10

3.1.1 Education and Outreach (CASQA Outcome Levels 2 & 3).................................................................10

3.1.2 Public Involvement and Participation (CASQA Outcome Levels 2 & 3)............................................11

3.1.3 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4) ...........................................12

3.1.4 Pollution Prevention and Good Housekeeping (CASQA Outcome Levels 2-4)................................13

3.1.5 Water Quality Monitoring (CASQA Outcome Level 5) .......................................................................14

3.2 Total Suspended Solids...............................................................................................................................14

3.2.1 Education and Outreach (CASQA Outcome Levels 2 & 3).................................................................14

3.2.2 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4) ...........................................14

3.2.3 Construction Site Stormwater Runoff Control (CASQA Outcome Levels 2 & 3)...............................15

3.2.4 Post-Construction Site Stormwater Runoff Control (CASQA Outcome Levels 2 & 3)......................15

3.2.5 Pollution Prevention and Good Housekeeping (CASQA Outcome Levels 2 & 3) .............................15

3.2.6 Water Quality Monitoring (CASQA Outcome Level 5) .......................................................................15

4.0 PROGRAM EFFECTIVENESS SUMMARY ........................................................................................16

5.0 REFERENCES............................................................................................................................24 TABLES
Table 1. PEIAP Table 5, Nutrients Questions, Data Assessment Methods, and Data Collection Methods, by Program Element .......................................................................................................................................................7 Table 2. PEIEP Table 6, Sedimentation/Siltation (Total Suspended Solids) Questions, Data Assessment Methods, and Data Collection Methods, by Program Element ..................................................................................................9 Table 3. Responses to Nutrients Management Questions .....................................................................................17 Table 4. Response to Sediment/Siltation (Total Suspended Solids) Management Questions ............................23 224
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 3 ACRONYMS/ABBREVIATIONS
Acronyms/Abbreviations Definition
BMP Best management practice
CASQA California Stormwater Quality Association
Central Coast Water Board Central Coast Regional Water Quality Control Board CTPL Close the Poop Loop
CBSM Community-based social marketing
E&SCP Erosion and Sediment Control Plan
FOG Fats, oils, and grease
IDDE Illicit discharge detection and elimination
IWD Industrial waste discharge
LPRM Land use-based prioritization and reduction model
MEP Maximum extent practical
MS4 Municipal separate storm sewer system
NPDES National Pollutant Discharge Elimination System
PCR Post-construction requirement
PEAIP Program Effectiveness Assessment and Improvement Plan POC Pollutant of concern
SOP Standard operating procedure
SWCP Storm Water Control Plan
SWMP Storm Water Management Plan
SWPPP Storm Water Pollution Prevention Plan
SYVBG Santa Ynez Valley Botanic Garden
TMDL Total Maximum Daily Load
WDR Waste Discharge Requirement
WPCP Water Pollution Control Plan
WQO Water Quality Order
WWTP Wastewater treatment plant
225
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 4 1.0 INTRODUCTION
This Program Effectiveness Assessment and Improvement Plan (PEAIP) Annual Summary evaluates the effectiveness of best management practices (BMPs) implemented in the 2021-2022 reporting year (Year 9) by the City of Buellton (City) to meet the requirements of its Storm Water Management Plan (SWMP) Guidance Document (approved in 2014 and modified in reporting Year 5, 2019), and the Small MS4 General Permit WQ Order 2013-0001-DWQ as amended by Orders WQ 2015-0133-EXEC, WQ 2016-0069-EXEC, WQ 2018-0001- EXEC, and WQ 2018-0007-EXEC (Small MS4 Permit). The Small SM4 Permit requires the City to implement its Program Effectiveness Assessment and Improvement Plan (PEAIP, City of Buellton 2016), which describes how the City will track short- and long-term effectiveness of the Stormwater Program. The PEAIP defines the approach the City will use to adaptively manage the Program to improve its ability to reduce the identified high- and medium-priority pollutants of concern (POCs)—nutrients and sedimentation/siltation (total suspended solids)— thereby achieving the maximum extent practicable (MEP) standard and protecting water quality.

Per the Small MS4 Permit, the PEAIP was developed using the most recent California Stormwater Quality Association’s (CASQA’s) effectiveness assessment guidance, which is the Program Effectiveness Assessment and Improvement Plan (PEAIP) Framework (2015). The City’s PEIAP meets the requirements of the Small MS4 Permit. It discusses six Outcome Levels in which the BMPs are intended to achieve. The City’s Stormwater Program BMPs primarily achieve Outcome Level 2, Barriers and Bridges to Action, and Outcome Level 3, Target Audience Actions, and to some extent, Outcome Level 4, Source Contributions and Outcome Level 5, Urban Runoff and MS4 Contributions. The City documented within the PEAIP management questions for high- and medium-priority POCs and conducted a source assessment for each POC. The data collected was then used to improve the Stormwater Program. Target audiences for each source of high- and medium-priority POC and prioritized BMP for POC were determined based on:
• Total Maximum Daily Loads (TMDLs) proposed by the Central Coast Regional Water Quality Control Board (Central Coast Water Board);
• 2010 303(d) List of Impaired Waterbodies;
• Central Coast Water Board’s consultation handout Solvang–Buellton Urban Water Quality Profile (2014); • Central Coast Ambient Monitoring Program’s Ambient Water Quality Data; • SWMP Guidance Document’s List of POCs;
• Proposed Urban Storm Water Monitoring Plan 2015-2018 (County of Santa Barbara et al 2015, revised 2016); and
• Best professional judgment and knowledge of local and/or regional water quality issues and common urban pollutants.

The prioritized BMPs reflect Stormwater Program activities to change behaviors of target audiences and result in POC reduction. The prioritized BMPs, listed in Figure 8 of the PEAIP, Prioritized BMPs Identified for Target Audiences (see Figure 1), are being implemented as part of Stormwater Program. Applicable data was collected and analyzed for each BMP at the close of Permit Year 8 (July 1, 2020 through June 30, 2021) in order to assess program effectiveness and identify opportunities for improvement. This report summarizes implementation of the City’s Stormwater Program for Year 8 and its effectiveness pursuant to the PEAIP (City of Buellton 2016). As stated in the PEAIP, stormwater programs are inherently complex due to the variety of possible pollutant sources (e.g., construction, industrial, commercial, residential, new development, etc.), limited ability to directly control the behaviors of target audiences, extensive geographic coverage of the programs, comingling of flows within the drainage system, and the potential impacts to water quality from non-municipal stormwater sources (e.g., windblown materials, groundwater seepage, aerial deposition, etc.). Additionally, the ability to determine whether target audiences have been reached; are understanding and retaining information provided by the Program; and are changing behavior, is very difficult to measure. Therefore, the PEAIP is focused on the Stormwater Program’s impact, rather than the strict implementation of the Program to allow the City to gauge whether the Program is achieving the intended outcomes and reaching the target audiences and identify necessary modifications to the Program to make it more effective. 226
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 5 General
• Maintain City website with target audience brochures/handbooks/ manual/guides and weblink to Santa Barbara Project Clean Water Construction
• Conduct Inspections and Enforcement Activities (as needed) Municipal Staff
• Attend training for erosion/sediment control BMPs
• Coordinate Bi-Monthly Street Sweeping Activities
• Implement Storm Drain Assessment, Prioritization and
Maintenance Activities SOP
Level 1
Identification of Stormwater
Program Activities
What BMPs Should be Prioritized?
Level 2
Barriers & Bridges
To Action
What Factors are influencing
Target Audience Behaviors?
Level 3
Target Audience
Actions
What are the Target
Audiences for these Sources?
Level 5
Urban Runoff and
MS4 Contributions
Is Urban Runoff a Significant
Source of the Highest
Priority POCs?
Level 6
Receiving Water
Conditions
What are the High- and
Medium-Priority
POCs that Will be the
Focus of the PEAIP?
CASQA Outcome Level
General
• Implement Education and Outreach Program Strategy
• Maintain City website with target audience brochures and weblink to Santa Barbara Project Clean Water, Our Water Our World, and Water Wise
• Distribute target audience brochures during city attended/ sponsored events and inspections
• Publish Topic Related Newspaper Articles, Water Bill Inserts and Chamber of Commerce Stormwater Tip of the Month
• Target Audience Mailers (To be Determined)
Horse/Livestock/Pet Owners
• Implementation of pilot program on Pet Waste Campaign (Dogs) • Target Audience Mailers (To be Determined)
• Attitude
• Cost and Effort
• Habit
• Lack of Knowledge
• Poverty
• Values
• Business Owners
• Home Owners
• HOA’s
• Horse/Livestock/Pet
Owners
• Landscape Contractors
• Urban Outdoorsman
(Homeless Person)
Nutrients
• Urban Runoff/
Stormwater Runoff
• Fertilizer Application
• Manure from horses/
livestock and domestic
animals
• Natural Sources
• Atmospheric Deposition
• Attitude/Values
• Cost and Effort
• Habit
• Lack of Knowledge
• Values
• Construction Site Owners,
Operators, Contractors
• Landscape Contractors
• Property Managers
• Municipal Staff
Sedimentation/
Siltation
(Total Suspended
Solids)
• Urban Runoff/
Stormwater Runoff
• Stabilized, Undeveloped
Land
• Instream/Soil Erosion
Level 4
Source Contributions
What are the
Primary Urban Sources
of the POCs?
Landscape:
• Fertilizer Applications
• Over-Irrigation
Improper Management:
• Green Waste
• Horse/Livestock Manure
• Pet Waste
• Trash Receptacles
• Washwater
• Construction Site
Activities
• Road Maintenance
Activities
• Increased runoff duration
and velocity due to
impervious areas
Implementation
Sources and Impacts Target Audiences
Figure 1. PEIAP Prioritized BMPs Identified for Target Audiences 227
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 6 2.0 PROGRAM ASSESSMENT METHODS
As stated above, the City BMPs are largely intended to achieve Outcome Level 2, Barriers and Bridges to Action, and Outcome Level 3, Target Audience Actions. Per the PEAIP, Outcome Level 3 focuses on identifying target audiences associated with the primary sources of high- and medium priority POCs, as well as the behavioral patterns of these target audiences, with the goal of assessing behavior change over time. Outcome Level 2 focuses on identifying the factors that influence target audience behaviors and using these factors to bring awareness of the need to reduce pollutant-generating activities and implement prioritized BMPs. Level 2 Outcomes are often used to gauge progress in, or to refine approaches for, achieving Level 3 Outcomes. Target audiences are the individuals and populations that a stormwater program is directed to and may include, but are not limited to, municipal employees, contractors, and the general public. Since source reductions can only be achieved by the people responsible for pollutant loadings, a successful program will be one that is able to induce positive behavioral changes in the target audiences.

The City also focuses BMPs to achieve Urban Runoff and MS4 Contributions (i.e., CASQA Outcome Level 5) and associated Source Contributions (i.e., CASQA Outcome Level 4) for high- and medium-priority POCs. Level 5 Outcomes provide a direct measure of the City’s contributions to downstream receiving waters; thus, it is a good gauge of stormwater program effectiveness over time. It can also be used to inform a better understanding of source contributions pursuant to Outcome Level 4. However, due to the temporal and spatial variability of water quality data, a significant amount of data is needed to establish linkages between pollutants in MS4 discharges and the conditions within the receiving waters. Additionally, the City population is relatively small—approximately 5,000 people—and the City’s urbanized footprint comprises a very small proportion of the watershed.

The City participates in a regional 303(d) water quality monitoring program with partner MS4s, including the County of Santa Barbara. The goal of the monitoring program is to “characterize pollutant concentrations and loads from representative MS4 discharge locations within the County” and subsequently refine the pollutant loading information within the land use-based prioritization and reduction model (LPRM). Over time, the calibrated and refined LPRM will be used by the City to assess the impact of BMPs on sub-watersheds; compare pollutant loading between sub-watersheds; and better tailor future BMPs by focusing on areas of potentially higher pollutant load.

This PEAIP is organized by high-and medium-priority POCs—nutrients and sedimentation/siltation—and the assessment was conducted according to the management questions, data collection, and data assessment methods outlined within Table 5 and 6 of the PEAIP (see Tables 1 and 2). The data assessment for each POC consisted primarily of a qualitative assessment and/or uses of descriptive statistics. Data collection methods included internal tracking by the City, review of external data sources, interviews/surveys, and site investigations/inspections.
228
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 7 Table 1. PEIAP Table 5, Nutrients Questions, Data Assessment Methods, and Data Collection Methods, by Program Element
Management Questions Data Assessment Methods Data Collection Methods Education and Outreach [Outcome Level 2-3]
• Has the City developed education
and outreach materials with
information regarding proper use
and disposal of fertilizers?
• Are education and outreach
materials available at City
designated facilities, City sponsored
events or on the City website?
• Does the City have a targeted pet
waste/livestock educational
program?
• Does the County support education
for landscape contractors to reduce
fertilizer?
• Are education and outreach
materials provided during Fats, Oil
and Grease (FOG) and/or Industrial
Wastewater Discharge (IWD)
Inspections?
Descriptive Statistics
• Number of education and
outreach events participated in
and estimated of number of
education and outreach
materials distributed at City
designated facilities, City’s
sponsored event’s Stormwater
Display Booth or thru City
website
• Number of education and
outreach materials provided
during FOG and/or IWD
Inspections
• Number of target audience
mailers to landscape
contractors, residents along
the river/creek with livestock;
and/or homebrew beer, wine
and distillery waste etc.

Internal Tracking by
Stormwater Program
• Brochure Distribution at
City designated facilities,
City sponsored events or
thru City website
• City SWMP File Views/Hits
(English and/or Spanish)
• Number of Visitors to the
City’s sponsored event’s
Stormwater Display Booth
• Number of target audience
mailers to residents along
the river/creek with
livestock; landscape
contractors; homebrew
beer, wine and distillery
waste
Review of External Data
Sources
• Brochure Distribution
during FOG and/or IWD
Program Inspection
Public Involvement and Participation [Outcome Level 2-3] • Has the City developed opportunities
for citizen participation at City’s
sponsored event’s Stormwater
Display Booth?
• Has the City developed opportunities
for citizen participation on-line thru
the City’s Stormwater Webpage or
Survey Monkey?
Qualitative Assessment
• Confirmation of Stormwater
Pollution Prevention Interested
Parties Sign-Up List at City’s
sponsored event’s Stormwater
Display Booth
Descriptive Statistics
• Number of Visitors and
Stormwater Quiz’s Completed
via City’s sponsored event’s
Stormwater Display Booth
• Number of on-line Storm
Water Management Program
Survey’s completed and
interested parties’ sign-up
inquiry via the City’s
Stormwater Webpage or
Survey Monkey
Interviews/Surveys
Internal Tracking by
Stormwater Program
• Number of Visitors and
Stormwater Quiz’s
Completed via City’s
sponsored event’s
Stormwater Display Booth
• Number of Stormwater
Survey’s Completed and
Interested Parties Sign-up
Inquiry via City Stormwater
Website or Survey Monkey
Review of External Data
Sources
• Number of Stormwater
Survey’s Completed and
Interested Parties Sign-up
Inquiry via or Survey
Monkey
229
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 8 Table 1. PEIAP Table 5, Nutrients Questions, Data Assessment Methods, and Data Collection Methods, by Program Element (Continued)
Illicit Discharge Detection and Elimination [Outcome Level 4] • Has the City developed IDDE
procedures?
• Are FOG and IWD Program
participants operating in a manner
that prevents nutrients from leaving
the site?
• Are green waste and pet waste
collection programs in place?
• Does City have legal authority to
address non-storm water
discharges?
Qualitative Assessment
• Confirmation of local waste
hauler (green waste) and
Christmas Treecycle Program
• Confirmation of City Mutt Mitt
Stations Bi-weekly
Maintenance Program
• Confirmation of on-going City
Staff IDDE Training
• Confirmation of establish City
Municipal Code and
Certification of Legal Authority
Descriptive Statistics
• Number of IDDE
Investigations and/or
Inspections and follow-up at
facilities with deficiencies
• Number of FOG and/or IWD
Inspection Reports and/or
Violations
Internal Tracking by
Stormwater Program
• Stormwater Incident Report
Form
• Mutt Mitt Station Bi-weekly
Maintenance
Site Investigations/Inspections
• City IDDE Site
Investigations and/or
Inspections with direct
observation of an IDDE
Review of External Data
Sources
• FOG and/or IWD Inspection
Reports and/or Violations
• Local Hauler Green Waste
Website/Mailers
Pollution Prevention and Good Housekeeping [Outcome Level 2-4] • Is City effectively implementing
BMPs (e.g., Mutt Mitt Stations) that
target nutrient reduction in
waterways?
• Are FOG and/or IWD Program
participants implementing a Pollutant
Prevention and Good Housekeeping
practices?
• Are FOG and/or IWD Program
participants aware of Cities SWMP
requirements?
• Are FOG and/or IWD Program
participants aware of SWMP
requirements for their business
activity?
• Do the FOG and IWD Program
participants believe they are in
compliance with the City’s SW
Program?
Qualitative Assessment
• Confirmation of on-going City
Staff Training
Descriptive Statistics
• Number of FOG and/or IWD
Inspection Reports
Interviews/Surveying
Review of External Data
Sources
• FOG and/or IWD Inspection
Reports
• FOG and/or IWD Inspection
Report Stormwater
Questionnaires
230
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 9 Table 1. PEIAP Table 5, Nutrients Questions, Data Assessment Methods, and Data Collection Methods, by Program Element (Continued)
Water Quality Monitoring [Outcome Level 5]
• Is the urban discharge a significant
source of nutrients to receiving
water?
• Comparing modeled data to
established targets
• Use local data acquired through
regional 303(d) monitoring
program
• Monitoring and sampling
results
• Pollutant load model results
Table 2. PEIEP Table 6, Sedimentation/Siltation (Total Suspended Solids) Questions, Data Assessment Methods, and Data Collection Methods, by Program Element Management Questions Data Assessment Methods Data Collection Methods Education and Outreach [Outcome Level 2-3]
• Are City Grading Inspectors
trained to review and inspect
erosion and sediment control
measures?
• Are there educational
opportunities at county
sponsored events?
• Are construction contractors
informed of proper erosion and
sediment control measures?
Qualitative Assessment
• Confirmation of on-going City
Grading Staff Training
• Descriptive Statistics Number of
new City Grading Staff Trained
• Number of outreach events
participated in and outreach
materials distributed to
construction contractors
• Number of connections to
construction contractors through
grading permits and inspections
Internal tracking by stormwater
program
• Internal Tracking by City
Engineering Department and/or
Division Training
• Number of Outreach Event
Participation and Brochure
Distribution via email
• Number of connections with
Construction Contractors
through grading permits and
inspections
231
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 10 3.0 PROGRAM EFFECTIVENESS ASSESSEMENT FINDINGS

3.1 NUTRIENTS

3.1.1 Education and Outreach (CASQA Outcome Levels 2 & 3) The City’s Education and Outreach Strategy has been designed to reach a large audience within the community.

The program’s goal is to inform the local community of the impacts of stormwater pollution on the water quality and ecology of local water bodies and the steps the public can take to reduce pollutants in stormwater, as well as how they can become involved in restoration activities. The strategy involves: (1) implementing the regional community-based social marketing (CBSM) campaign, Close the Poop Loop (CTPL) targeted at increasing the cleanup and disposal of pet waste to reduce the amount of nutrients, bacteria, and pathogen loading to stormwater; (2) conducting surveys or quizzes to assess knowledge of applicable stormwater issues and solutions; (3) providing informative materials (i.e., printed brochures and flyers, posters in heavily trafficked areas, utility bill inserts, City website and social media pages, and community involvement emails) to target audiences to increase awareness of relevant stormwater issues and BMPs; (4) utilizing public input in developing outreach through event participation; (5) providing water efficient/pesticide and fertilizer application/stormwater brochures within each City office and website; (6) promoting detecting and reporting illicit discharges and illegal connections; (8) providing stormwater pollution prevention educational material to school children; and (9) outreach encouraging reduction of discharges from organized car washes, mobile cleaning, and pressure washing activities.

3.1.1.1 Print Media
Brochures and flyers were made available to the public in displays the Santa Ynez Valley Botanic Garden (SYVBG), Windmill Nursery, Farm Supply, City Hall, and the City Planning Department. The brochures that were stocked at the SYVBG included A Gardener’s Guide to Clean Water (36 copies taken), How to be Water Wise in your Garden (42 copies taken), The Ocean Begins on Your Street (in English [35 copies taken] and Spanish [21 copies taken]), and the Recognizing and Reporting Stormwater Pollution pocket guide (31 copies taken).

Additionally, a variety of stormwater posters were displayed in the garden’s kiosk throughout the year. The City has educational information available in stormwater brochure displays at City Hall and the City Planning Department. These brochures include A Gardener’s Guide to Clean Water, How to be Water Wise in your Garden, Preventing Soil Erosion on Your Property, A Homeowner’s Guide to BMPs, The Ocean Begins on your Street (in English and Spanish), and the Recognizing and Reporting Stormwater Pollution pocket guide. The Recognizing and Reporting Stormwater Pollution pocket guide is also retained in all City fleet vehicles.

3.1.1.2 Our Water, Our World Campaign
The materials made available at Windmill Nursery and Farm Supply promote the Our Water, Our World campaign. The campaign uses a point-of-purchase strategy to encourage stores to carry less-toxic products, and to educate staff and customers on how to select and use eco-friendly pesticide products. The program provides current information on products and Integrated Pest Management techniques through training of store staff, fact sheets, and “Eco-Friendly Effective” shelf tags denoting the products in each store that present a reduced risk of stormwater pollution. The reduction of pesticide uses and the increased use of less-toxic products around the home can lead to a reduction of pollutants in run-off and local waterways, as well as a healthier environment for the public. The campaign uses fact sheets about eco-friendly pest control for: ants (in English and Spanish), aphids, cockroaches, fleas, mosquitoes, rats and mice (in English and Spanish), snails and slugs, spiders, and yellowjackets, as well as facts sheets about less toxic products for healthy gardens, lawns, pesticides (in English and Spanish), roses, and weeds. The displays at these locations also include lists of household hazardous waste disposal facilities in Santa Barbara County.
232
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 11 3.1.1.3 Stormwater Management Website
The City posts educational materials tailored to the POCs (nutrients and sediment) on its Stormwater Management website, including brochures such as the Santa Barbara County Creek Care Guide, Project Clean Water’s Creekside Concerns: Out of Sight, Out of Mind?, and Our Water Our World’s Use and Disposal of Pesticides fact sheet. The City also provides weblinks on its website to additional resources including the Project Clean Water, Our Water Our World, LessisMore.org, and WaterWiseSB.org. The City’s Stormwater Management webpage had consistent public interaction, with a total of 203 views throughout the reporting year.

Two online surveys (one for residents and one for restaurants) are available on the City’s stormwater webpage, which consist of questions designed to assess the respondents’ knowledge of the Stormwater Program. The webpage format was updated to make the survey more apparent in this reporting year, but despite this and the City’s promotion of the survey during community events and restaurant inspections, survey response has been low:
• Year 2: 4 responses
• Year 3: 5 responses
• Year 4: 2 responses
• Year 5: 1 response
• Year 6: 5 responses
• Year 7: 1 response
• Year 8: 0 responses
• Year 9: 1 response
The City will continue to promote the surveys and will assess whether changes to the website are needed to highlight the surveys in Year 10.

3.1.1.4 Outreach During FOG and IWD Inspections
The City continued to distribute education and outreach materials related to nutrient pollution during Fats, Oil, and Grease and Industrial Waste Discharge inspections (Guide for Kitchen BMPs, Restaurant’s Guide to BMPs; Beverage Manufacturing and Stormwater Automotive Guide to BMPs, and Mobile Cleaner’s Guide to BMPs).

3.1.1.5 Stormwater Hotline
During the 2021-2022 reporting year, the City continued to promote the use of its Stormwater Hotline on its website and printed materials including the Recognizing and Reporting Stormwater Pollution pocket guide. The City also promotes its Stormwater hotline within the articles and tips distributed through its Direct Mail-Media Campaign. Although the hotline, as well as a stormwater email account, are readily available to the public, they received no inquiries in Year 10.

3.1.1.6 Children’s Education
During Year 9, the City coordinated with partner municipalities to obtain virtual assembly videos on water science, called “Shows that Teach”. The City coordinated distribution to Oak Valley Elementary School, and two virtual assemblies were held, one for kindergarten through second-grade students and one for third through fifth-grade students, on March 7, 2022. A total of 300 Oak Valley students attended the virtual presentations. The videos were used at elementary schools throughout the County and received positive feedback from teachers and principals at multiple schools.

3.1.2 Public Involvement and Participation (CASQA Outcome Levels 2 & 3) During the 2021-2022 reporting year, the City’s Stormwater Management Program staffed educational booths at three events. The annual Buellton BBQ Bonanza was held on July 31, 2021, with approximately 1,000 people in attendance. Stormwater Management Program personnel hosted a booth with educational displays, promotional items, and an electronic stormwater quiz. Community members who visited the booth were able to take the quiz 233
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 12 to assess their knowledge of stormwater issues and the local management program and take educational brochures and promotional items, including dog waste bag dispensers and City stormwater program reusable tote bags. Stormwater Management Program representatives also attended the College and Career Fair at Santa Ynez Valley Union High School on April 27, 2022. The Stormwater table included the same educational displays and brochures containing stormwater pollution prevention information. Staff discussed the goals of the City’s stormwater management program with students that visited the booth as well as City-specific BMPs and steps that residents can take to prevent stormwater pollution. Approximately 200 students attended this event. The Buellton Chamber of Commerce held the Buellton State of the City event on May 25, 2022. Approximately 80 people attended the event, including local business owners, law enforcement, City employees, and elected City Council members. The City of Buellton SWMP representatives discussed common stormwater problems, Buellton priority pollutants, and relevant stormwater BMPs with the attendees. The Stormwater table featured the City’s educational display board, educational brochures, and an interested parties list where residents can sign up to receive additional stormwater educational information and event opportunities.

3.1.3 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4)

3.1.3.1 Legal Authority
The City implements its Illicit Discharge Detection and Elimination (IDDE) Program under Buellton Municipal Code Title 15 Stormwater Chapter 15.01 Stormwater Management and Discharge Control, as revised by Ordinance 20- 08 (Ordinance) and the City’s Stormwater Program Management Certification Statement, which provides the City full legal authority to implement and enforce the Small MS4 Permit requirements and City Municipal Code.

3.1.3.2 IDDE Procedures
The City implemented its Enforcement Response Plan (ERP) (City of Buellton, 2016 updated 2021) and Spill Response Plan (SRP) (City of Buellton 2016, updated 2021). The ERP and SRP provide guidance to City staff and contractors responding to a complaint or notice of a spill, illegal discharge, or illicit connection. Applicable City staff and contractors were provided IDDE staff and pollution prevention and good housekeeping for municipal operations training (29 total trainees). The training is designed to maintain stormwater general awareness of staff and contractors and encourage the reporting of possible illicit discharges or illegal connections. The test of understanding conducted after the training displayed high levels of knowledge retention, with the average test score among trainees being 90%.

3.1.3.3 IDDE Detection, Elimination, and Reporting
During Year 9, three potential illicit discharges or illegal connections were reported and were investigated by City staff and/or its contractors. One of the three investigated reports were determined to have resulted in an illicit discharge.
• The single incident was observed on September 10, 2021. The discharge consisted of wash water from a winery drainage area flowing to the City’s MS4. The City’s contractor contacted facility personnel cease the discharge and clean up the spill. Winery staff provided photos verifying the cleanup and cessation of discharges the next business day. Reporting procedures per the SRP were completed.

The two other potential illicit discharges were reported by Buellton residents to the City’s stormwater contractor.

The contractor followed up with an inspection at each location. Both reported incidents were found not to be illicit discharges. Reporting per the SRP was completed.
234
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 13 3.1.4 Pollution Prevention and Good Housekeeping (CASQA Outcome Levels 2-4)

3.1.4.1 FOG and IWD Inspections
The City’s contractor conducted 43 FOG and 39 IWD inspections during the reporting year. The City contractors initiated an annual survey during their FOG and IWD inspections beginning Year 2 (11 FOG questionnaires) and have continued inspections in Year 3 (27 FOG and 11 IWD questionnaires), Year 4 (65 FOG and 22 IWD questionnaires), Year 5 (40 FOG and 26 IWD questionnaires), Year 6 (88 FOG and 40 IWD inspections forms, Year 7 (63 FOG and 44 IWD questionnaires), Year 8 (71 FOG and 44 IWD questionnaires), Year 9 (43 FOG and 39 IWD questionnaires). The questionnaires asked the respondents: (1) Are you familiar with the City of Buellton's Storm Water Program?; (2) Are you aware of the storm water requirements for your type of business activity?; and (3) Do you believe your business is in compliance with the City's Storm Water Program? The inspection forms completed during FOG and IWD inspections showed 100% of businesses were familiar with the City’s Stormwater Management Program, aware of their business activities impact to stormwater, and believe their business complied with the City’s Stormwater Management Program. The City Stormwater Program Coordinator reviewed all FOG and IWD inspection reports for non-stormwater discharges.

The City’s online Restaurant Survey (available on the Stormwater Management website) was promoted during facility inspections; however, only one respondent completed the survey (with a score of 100%).

3.1.4.2 Target Audience-Specific BMP Guides
During Year 9, the City and its co-permittee, the City of Solvang, created two new BMP Guides: Pet Owner’s Guide to BMPs and Animal Care and Handling Facility’s Guide to BMPs, for animal owners and handlers in the community and assisted the County of Santa Barbara with updating their A Guide to Composting Horse Manure.

These guides are available on the City’s Stormwater Management website. The Cities also submitted an article to the Santa Ynez Valley News to promote the new guides.

3.1.4.3 Green Waste Management Campaign
The City continues to contract with a local waste hauler (MarBorg) for management of green waste. The City also coordinates and promotes the annual Christmas Treecycle Program through the Chamber of Commerce ENewsletter, Buellton Buzz (water bill Insert) and both the City and MarBorg websites. This program allows residents to drop off their trees until the second week in January for mulching and reuse within the community.

3.1.4.4 Pet Waste Management Campaign
The City maintains 14 Mutt Mitt stations within the City (five at River View Park, three at Oak Valley Park, four at PAWS Dog Park, one on Via Corona (on the school fence), and one at Neighborhood Village Park. Four Mutt Mitt stations are maintained by the Buellton Veterinary Clinic (one on the north and one on the south side of Highway 246, near the intersection with Sycamore Drive; and one on the north and one on the south side of Highway 246, near the intersection with Valley Dairy Road). The Mutt Mitt Program’s efforts have helped reduce the amount of pet waste discarded at these locations.

The City continues to promote the CTPL pet waste management campaign on the City’s website and through its direct mailers/media campaign via articles in the bimonthly Buellton Buzz water bill insert. The City also distributed CTPL outreach materials like flyers and doggy bag dispensers at community events to promote the proper cleanup and disposal of pet waste amongst residents. In the 2020-2021 reporting year, the City initiated a pilot program to focus on additional advertising of the CTPL campaign via an installation of CTPL posters along Via Corona at Oak Valley Elementary, which has heavy dog-walker traffic. Mutt Mitt stations are available at this location, as well as at the adjacent Oak Pak that also has trash cans for disposing of waste. Despite these conveniences, dog waste is often left along the strip of grass between the school and Via Corona. Ten 30-inch signs displaying the various CTPL dogs were installed at intervals along the fence line at Via Corona with the goal of bringing awareness and changing behavior (i.e., reducing the amount of pet waste left in this area). The 235
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 14 estimated quantity of pet waste left in this area has been monitored and recorded at monthly intervals to evaluate the effectiveness of the posters. To date, a significant reduction in waste has not been observed; however, the City will continue to monitor this location and assess additional means of reaching this target audience.

3.1.5 Water Quality Monitoring (CASQA Outcome Level 5)
The City participates in a regional water quality monitoring program, 303(d) Monitoring Program, with the Cities of Solvang, Carpinteria, Goleta and Unincorporated Santa Barbara County, which is described in the draft Urban Storm Water Monitoring Plan 2015–2018 for the NPDES Phase II Small MS4 General Permit Sections E.13.c 303(d) Monitoring and E.14.a Program Effectiveness Assessment and Improvement Plan (County of Santa Barbara et al 2015, revised 2016) and its Quality Assurance Project Plan for Urban Storm Water Monitoring Plan 2015-2018 (County of Santa Barbara et al 2015, revised 2016. The program is intended to address Permit Section E.14.a. PEAIP requirements by applying the results of the wet weather monitoring from representative urban land use sites to the pollutant Load, Prioritization, Reduction (LPR) Model. The first three years of sampling data were analyzed and summarized in the Urban Stormwater Monitoring Report (Geosyntec 2018). Per the County of Santa Barbara’s 303(d) Monitoring Results 2021-2022 summary memorandum (see attachment to the 2021-2022 MS4 Annual Report), recommendations from the report that were implemented in the 2020-2021 sampling year are:
• Continue monitoring to create a sufficiently robust dataset in order to determine whether mean concentration values used in the LPR Model should be replaced; • Discontinue pesticides that were not detected in the first three years of the program: carbamates and urea pesticides, diuron and degradates, and neonicotinoids; and • Discontinue toxicity because there was no statistically significant correlation found between toxicity and the measured constituents that would cause toxicity (i.e., pesticides, metals, and nutrient detections) since without correlation, the data do not provide substantial insight into the characterization of storm water discharges or otherwise inform management decisions.

The City continues to participate in the regional water quality 303(d) Monitoring Program. The City and partner agencies successfully monitored the Buellton industrial location during three storms in the 2021-2022 reporting year. The 303(d) Monitoring Program Results, 2021-2022 summary memorandum (County of Santa Barbara 2022) is provided as an attachment to the MS4 Annual Report. Additionally, the City will continue to conduct an annual condition assessment for each BMP inventoried, in accordance with the Attachment B - BMP Condition Assessment Guidance to the LPR Model Technical Report (Geosyntec 2018).

The City will continue to perform these actions to provide data to inform the model and adjust as needed overtime, consistent with the adaptive management framework, and focus on priority areas and POCs.

3.2 TOTAL SUSPENDED SOLIDS

3.2.1 Education and Outreach (CASQA Outcome Levels 2 & 3) The City continues to maintain the Environmental Protection Agency’s (EPA) Stormwater and the Construction Industry poster and the Prevent Soil Erosion on Your Property brochure on its Stormwater Management webpage. 100% of applicable City staff and contractors were provided with Construction Stormwater Training (seven trainees). The training is designed to provide information to assist in identifying and recommending effective erosion and sediment control BMPs during construction inspections. New pertinent construction stormwwater information is also included. The test of understanding conducted after the training displayed high levels of knowledge retention, with the average score among the seven trainees being 99%.

3.2.2 Illicit Discharge Detection and Elimination (CASQA Outcome Level 4) The implementation of the City’s IDDE Program is described in Section 3.1.3. 236
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 15 3.2.3 Construction Site Stormwater Runoff Control (CASQA Outcome Levels 2 & 3) During Year 9, the City did not issue any new construction site grading permits that required review of a Stormwater Pollution Prevention Plan (SWPPP), Erosion and Sediment Control Plan (E&SCP) and/or Stormwater Control Plan (SWCP). One construction project was completed during the reporting year, another project that had been approved during a previous year was reopened in Year 9, but remained inactive (no construction or soil disturbance). The City conducted monthly inspections at one active construction site during the reporting year.

This appears to be a very effective BMP, as the inspection contractor is able to meet with on-site staff to provide some training and follows the EPR protocol for BMP deficiencies, which has resulted in rapid corrections. The City will continue to monitor the long-term erosion and sediment control measures at each of these construction sites.

In Year 9, there were no site investigations associated with sedimentation/siltation related discharges from construction sites.

3.2.4 Post-Construction Site Stormwater Runoff Control (CASQA Outcome Levels 2 & 3)
In Year 9, no new construction sites received discretionary approval. Three construction projects were in the Engineering project plan check phase that received discretionary approval after March 6, 2014 and may require a SWCP to be submitted to comply with the Central Coast Post-Construction Requirement (PCR) measures. One of the three projects has been cancelled.

3.2.5 Pollution Prevention and Good Housekeeping (CASQA Outcome Levels 2 & 3)

3.2.5.1 Street Sweeping
During Year 9, the City’s street sweeping contractor continued to conduct bimonthly street sweeping. A total of

33.5 miles of the City’s streets (residential and arterial roads, but not private roads), alleyways, and parking lots were swept twice a month. This comprises nearly all the streets of the 1.58-square mile City. Sweeping the streets regularly is an effective method by which the City prevents sediment and other pollutants from the entering the storm drain conveyance system.

3.2.5.2 Storm Drain Assessment and Cleaning
The City continued to implement its Storm Drain System Assessment, Prioritization, and Maintenance Standard Operating Procedure (SOP). In Year 9, the City contracted cleaning of the storm drain system catch basins, drop inlets, area drains, and sidewalk drains. The contractor cleaned 202 of the City’s 220 storm drains and removed an estimated total of 3,470 gallons of organic material (383 five-gallon buckets), sediment (281 five-gallon buckets), and trash (thirty-five-gallon buckets). This is a 37% increase from the estimated total in Year 8.

3.2.5.3 Hotspot Inspections
The City’s only stormwater pollution “hotspot” is the Wastewater Treatment Plant (WWTP), which was inspected quarterly during Year 9. During the inspections, WWTP staff were instructed on pollution prevention and good housekeeping measures when deficiencies were identified. All observations are recorded in a Hotspot Site Investigation form with a supplemental photographic log for City records.

3.2.6 Water Quality Monitoring (CASQA Outcome Level 5)
The City’s water quality monitoring program is described in Section 3.1.5. 237
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 16 4.0 PROGRAM EFFECTIVENESS SUMMARY
The City successfully implemented its Stormwater Management Program in the 2021-2022 reporting year (Year 9). The City has identified the effective strategies used during the past reporting year, as well as the challenges faced, and will use this information to adapt its program with the continued goal of reducing/eliminating the impact of local stormwater quality on downstream receiving water bodies. The City has not identified any significant data gaps and/or revisions to the PEAIP that may be necessary for the evaluation of the POC-specific management questions.

As public health restrictions due to the COVID-19 pandemic loosened, the City was able to implement many BMPs that were not able to be implemented during the pandemic (i.e., public events, in-person meetings, etc.).

Outcome Levels 2 and 3 are inherently difficult to quantify; therefore, the assessment of the BMPs used to achieve these are generally qualified. Public events are a means of having direct interaction with the community and stakeholders to gain valuable feedback. The City was also able to continue implementing beneficial BMP alternatives that were adapted during the pandemic. For example, with the prohibition on public events, the City increased virtual and media-based public education and outreach (Outcome Level 2), which may reach a broader audience; this is anticipated to continue.

Collaboration with the City’s co-permittee, the City of Solvang, partner agencies, and other stakeholders has continued to be a highly valued resource for the Program and further allowed the Program to evolve. The City will continue to participate in SBCAMM meetings, the OWOW campaign, and educational programs and develop and distribute outreach materials and promote public participation events. On a local level, the City regularly interacts with the community and provides educational materials to the Santa Ynez Valley Botanic Garden, Santa Ynez Valley Humane Society, Oak Valley Elementary School, the City library, community clubs, nurseries, et al.

Participating in City events, such as the Buellton BBQ Bonanza, have shown to be an excellent platform for communicating directly with citizens and gaining insight into the public’s level of stormwater knowledge, successful outreach strategies, areas to be improved upon, and general comments.

The City is addressing high- and medium-priority POCs by implementing source reduction BMPs, such as (not limited to):
• Outfall screening and inspections and responding to 100% of potential illicit discharges and illegal connections;
• Providing training to 100% of City staff and applicable contractors; • Contracting cleaning of all storm drains and almost every street in the MS4; and • Exploring pilot programs, such as continuing the 2020-2021 CTPL pet waste pilot program and continuing to monitor this area for changes in public behavior (Outcome Level 3), exploring other opportunities to increase awareness of the pet waste issue, and assessing the effectiveness of this BMP.

The City will continue to participate in the regional water quality 303(d) Monitoring Program and conduct the annual condition assessment for each BMP inventoried, in accordance with the Attachment B - BMP Condition Assessment Guidance to the LPR Model Technical Report (Geosyntec 2018) to provide data to inform the LRP model and achieve Outcome Levels 4 for high- and medium-priority POCs. As stated in the PEIAP, due to the temporal and spatial variability of water quality data, it is extremely challenging and takes many years and a significant amount of data to establish linkages between pollutants in MS4 discharges and the conditions within the receiving waters.

As stated in Section 2, this assessment was conducted according to the management questions, data collection, and data assessment methods outlined within Table 5 and 6 of the PEAIP. The responses to these management questions are summarized in Tables 3 and 4 below.
238
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 17 Table 3. Responses to Nutrients Management Questions Management Questions
2021-2022
Response
Data Assessment
Methods
Analytics Data Collection Methods Analytics
Education and Outreach [Outcome Level 2-3]
Has the City
developed education
and outreach materials
with information
regarding proper use
and disposal of
fertilizers?
Yes
Descriptive Statistics
Number of education and
outreach materials
containing information
regarding proper use and
disposal of fertilizers.
1 relevant brochure is present on
the SWMP website (Landscaper's
Guide to BMPs), Household
Hazardous Waste Disposal Days
are advertised on City social media,
and links to Marborg waste
disposal resources are included in
seasonal articles.

Internal Tracking by
Stormwater Program
City SWMP file views/hits
(English and/or Spanish).

The City's Stormwater
Management webpage had
197 page views during the
reporting year.

Are education and
outreach materials
available at City
designated facilities,
City sponsored events
or on the City website?
Yes
Number of education and
outreach events
participated in and
estimated of number of
education and outreach
materials distributed at
City designated facilities,
City’s sponsored events
Stormwater display booth
or thru City website.

The City distributed 96 flyers and
brochures at 3 outreach events
during the reporting year. 532
brochures were taken from displays
at displays at City facilities during
the reporting year.

Brochure distribution at
City designated facilities,
City sponsored events or
thru City website.

Copies of brochures, social
media posts, and articles are
retained for City records.

Does the City have
a targeted pet
waste/livestock
educational program?
Yes
Number of target
audience outreach
materials to residents
with registered pets,
livestock owners, etc.

The City distributed 43 pet waste
bag dispensers and 23 Close the
Poop Loop dog post cards to dog
owners at outreach events.

Number of visitors to the
City’s sponsored events
Stormwater display booth.
380 people visited the
Stormwater display booth
during the reporting year's
outreach events.
239
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 18 Table 3. Responses to Nutrients Management Questions (Continued) Management Questions 2021-2022
Response
Data Assessment
Methods Analytics Data Collection Methods Analytics
Education and Outreach [Outcome Level 2-3]
Are education and
outreach materials
provided during Fats,
Oil and Grease (FOG)
and/or Industrial
Wastewater Discharge
(IWD) Inspections?
Yes
Number of education and
outreach materials
provided during FOG
and/or IWD Inspections.

Educational surveys were
conducted at 43 FOG and 39 IWD
inspections during the reporting
year.

Review of External Data
Sources
Brochure distribution
during FOG and/or IWD
Program inspections
Brochures are distributed asneeded (when deficiencies
are observed) during FOG and
IWD Inspections.

Public Involvement and Participation [Outcome Level 2-3] Has the City developed
opportunities for citizen
participation at City’s
sponsored events
Stormwater display
booth?
Yes
Qualitative Assessment
Confirmation of
Stormwater Pollution
Prevention Interested
Parties Sign-Up List at
City-sponsored events
Stormwater Display Booth
The Interested Parties Sign-up List
was provided to the public at 100%
of outreach events during the
reporting year.

Interviews/Surveys
Internal Tracking by
Stormwater Program
Number of visitors and
stormwater quizzes
completed via City’s
sponsored events
Stormwater display booth.
16 stormwater quizzes were
completed at outreach events
during the reporting year.

Has the City developed
opportunities for citizen
participation on-line
thru the City’s
Stormwater webpage or
Survey Monkey?
Yes
Descriptive Statistics
Number of visitors and
stormwater quizzes
completed via City’s
sponsored events
Stormwater display booth.
16 Stormwater Quizzes were
completed at outreach events
during the reporting year.

Number of online Storm
Water Management
Program surveys
completed and interested
parties’ sign-up inquiry via
the City’s Stormwater
webpage or Survey
Monkey.
1 stormwater survey was
completed via the City
Stormwater website.
240
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 19 Table 3. Responses to Nutrients Management Questions (Continued) Management Questions 2021-2022
Response
Data Assessment
Methods Analytics Data Collection Methods Analytics
Public Involvement and Participation [Outcome Level 2-3] Number of online Storm
Water Management
Program Surveys
completed and Interested
Parties’ Sign-up Inquiry
via the City’s Stormwater
webpage or Survey
Monkey.
1 stormwater survey was
completed via the City Stormwater
website.

Review of External Data
Sources
Number of online Storm
Water Management
Program surveys
completed and Interested
Parties’ Sign-up Inquiry via
the City’s Stormwater
webpage or Survey
Monkey
1 stormwater survey was
completed via the City
Stormwater website.

Illicit Discharge Detection and Elimination [Outcome Level 4] Has the City developed
IDDE procedures? Yes
Qualitative Assessment
Confirmation of local
waste hauler (green
waste) and Christmas
Treecycle Program.

Programs were in place and
promoted on City social media
during the reporting year.

Internal Tracking by
Stormwater Program
Stormwater Incident
Report Form
3 Stormwater Incident Report
Forms were completed during
the reporting year.

Are FOG and IWD
Program participants
operating in a manner
that prevents nutrients
from leaving the site?
Yes
Confirmation of City Mutt
Mitt Stations biweekly
maintenance program
The City maintained 100% of the
Mutt Mitt Stations during the
reporting year.

Mutt Mitt Station biweekly
maintenance
The City maintained 100% of
Mutt Mitt Stations during the
reporting year.
241
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 20 Table 3. Responses to Nutrients Management Questions (Continued) Management Questions 2021-2022
Response
Data Assessment
Methods Analytics Data Collection Methods
Analytics
Illicit Discharge Detection and Elimination [Outcome Level 4] Are green waste and
pet waste collection
programs in place?
Yes
Confirmation of ongoing
City Staff IDDE Training.
100% of appliable City staff
received annual IDDE training
during the reporting year, other
than one person who is in leave (27
total trainees).

Site Investigations/
Inspections
City IDDE site
investigations and/or
inspections with direct
observation of an IDDE.

One incident was determined
to have resulted in an illicit
discharge during the reporting
year. The discharge was
eliminated and cleaned up.

The City’s SPR and ERP were
followed.

Does City have legal
authority to address
non-storm water
discharges?
Yes
Confirmation of
established City Municipal
Code and Certification of
Legal Authority.

Municipal Code and Certification of
Legal Authority have been
established.

Review of External Data
Sources
FOG and/or IWD inspection
reports and/or violations
43 FOG and 39 IWD
inspections were conducted
during the reporting year.

Local Hauler Green
Waste
Website/MailersThe
Marborg Green Waste
Program was in place
and promoted on City
social media during the
reporting year.

Descriptive Statistics
Number of IDDE
investigations and/or
inspections and follow up
at facilities with
deficiencies.
100% of reported discharges (3)
were investigated during the
reporting year.

Review of External Data
Sources
FOG and/or IWD inspection
reports and/or violations
43 FOG and 39 IWD
inspections were conducted
during the reporting year.

Number of FOG and/or
IWD inspection reports
and/or violations
43 FOG and 39 IWD inspections
were conducted during the
reporting year.
242
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 21 Table 3. Responses to Nutrients Management Questions (Continued) Management Questions 2021-2022
Response
Data Assessment
Methods
Analytics Data Collection Methods Analytics
Pollution Prevention and Good Housekeeping [Outcome Level 2-4] Is the City effectively
implementing BMPs (e.g., Mutt
Mitt Stations) that target
nutrient reduction in
waterways?
Yes
Qualitative
Assessment
Confirmation of
ongoing City Staff
Training
27 City staff participated in
Pollution Prevention and Good
Housekeeping training during the
reporting year. The average test
score among trainees was 90%.

Interviews/Surveying
Review of External Data
Sources
FOG and/or IWD inspection
reports
43 FOG and 39 IWD
inspections were conducted
during the reporting year.

Are FOG and/or IWD Program
participants implementing
Pollutant Prevention and Good
Housekeeping practices?
Yes
Descriptive
Statistics
Number of FOG
and/or IWD
Inspection
Reports
43 FOG and 39 IWD inspections
were conducted during the
reporting year.

FOG and/or IWD inspection
report stormwater
questionnaires
Stormwater questionnaires
were completed at 43 FOG
and 39 IWD inspections
during the reporting year.

Are FOG and/or IWD Program
participants aware of the City's
SWMP requirements?
Yes
Are FOG and/or IWD Program
participants aware of SWMP
requirements for their business
activity?
Yes
Do the FOG and IWD Program
participants believe they are in
compliance with the City’s
Stormwater Program?
Yes
243
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 22 Table 3. Responses to Nutrients Management Questions (Continued) Management Questions 2021-2022
Response
Data Assessment
Methods Analytics Data Collection Methods Analytics
Water Quality Monitoring [Outcome Level 5]
Is urban discharge a significant
source of nutrients to receiving
water?
Unknown at
this time.

Comparing
modeled data to
established
targets.
303(d) Monitoring uses targets
established in EPA Criteria.

Monitoring and sampling
results.
303(d) samples are provided
as an attachment to the
Annual Report.

Use local data
acquired through
regional 303(d)
monitoring
program.
303(d) samples are provided as an
attachment to the Annual Report.

Pollutant load model
results.

Sampling data collected by
the City and partner agencies
will be used to inform the LRP
Model in the future.
244
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 23 Table 4. Response to Sediment/Siltation (Total Suspended Solids) Management Questions Management Questions
2021-2022
Response
Data Assessment
Methods
Analytics Data Collection Methods Analytics
Education and Outreach [Outcome Level 2-3]
Are City Grading Inspectors
trained to review and inspect
erosion and sediment control
measures?
Yes
Qualitative
Assessment
Confirmation of
ongoing City Grading
Staff Training
100% of applicable City staff (7)
received construction
stormwater training during the
reporting year.

Internal Tracking by
Stormwater Program
Internal tracking by City
Engineering Department
and/or Division training
Training results are
maintained for the City's
records. The average test
score among trainees was
99%.

Are there educational
opportunities at county
sponsored events?
Yes
Confirmation of
ongoing City Grading
Staff Training
100% of applicable City staff (7)
received construction
stormwater training during the
reporting year.

Number of connections to
construction contractors
through grading permits
and inspections
There was 1 active
construction project within the
City’s jurisdiction during this
reporting year. The City
maintained contact through
site inspections and email
communications. The City
also provided BMP
consultation on 2 pending
projects.

Are construction contractors
informed of proper erosion and
sediment control measures?
Yes
Number of outreach
events participated
in and outreach
materials distributed
to construction
contractors
Construction contractors were
present at 2 of the reporting
year's outreach events.

Materials were distributed at the
City's stormwater display booth
during events, as well as on an
as-needed basis during
development inquiries and site
inspections.
245
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 24 5.0 REFERENCES
California Stormwater Quality Association (CASQA)
2015 Program Effectiveness Assessment and Improvement Plan (PEAIP) Framework (April). Available online at: Guidance Documents | CASQA – California Stormwater Quality Association.

Central Coast Regional Water Quality Control Board
2014 Solvang–Buellton Urban Water Quality Profile (April 24).

City of Buellton
2015, updated 2017 Urban Storm Water Monitoring Plan 2015–2018 for the NPDES Phase II Small MS4 General Permit Sections E.13.c 303(d) Monitoring and E.14.a Program Effectiveness Assessment and Improvement Plan. 2016 Program Effectiveness Assessment and Improvement Plan. 2016, updated 2021 Enforcement Response Plan.
2016, updated 2021 Spill Response Plan.
2020 Buellton Municipal Code Title 15 Stormwater Chapter 15.01 Stormwater Management and Discharge Control, as revised by Ordinance 20-08.

County of Santa Barbara, City of Goleta, City of Carpinteria, City of Buellton, and City of Solvang 2015, revised 2016 Quality Assurance Project Plan for Urban Storm Water Monitoring Plan 2015-2018. 2015, revised 2016 Urban Storm Water Monitoring Plan 2015–2018 for the NPDES Phase II Small MS4 General Permit Sections E.13.c 303(d) Monitoring and E.14.a Program Effectiveness Assessment and Improvement Plan.

Geosyntec Consultants
2015 Memorandum to County of Santa Barbara, Project Clean Water: Program Effectiveness Assessment and Improvement Plan Load, Prioritization, Reduction, Model (LPRM) Guidance Document. April 15. 2018 Pollutant Load, Prioritization, and Reduction (LPR) Model, Attachment B – BMP Condition Assessment Guidance for the Cities of Buellton, Carpinteria, Goleta, and Solvang, and the County of Santa Barbara.

State Water Resources Control Board
2013 Small MS4 General Permit WQ Order 2013-0001-DWQ as amended by Orders WQ 2015-0133-EXEC, WQ 2016-0069-EXEC, WQ 2018-0001-EXEC, and WQ 2018-0007-EXEC.
.
246
Program Effectiveness Assessment and Improvement Plan Annual Summary 2021-2022 City of Buellton 247
Our Water Our World
September 2022
Annual Summary Report
California Stormwater Quality Association
248
Preface
The California Stormwater Quality Association (CASQA) is a nonprofit corporation that advances sustainable stormwater management protective of California water resources. With approximately 2,000 members, CASQA’s membership is comprised of a diverse range of stormwater quality management organizations and individuals, including over 180 cities, 23 counties, special districts, federal agencies, state agencies, ports, universities and school districts, wastewater agencies, water suppliers, industries, and consulting firms throughout the state. Collectively, CASQA represents over 26 million people in California.

This report provides CASQA’s members with focused information on its efforts to raise awareness about the connection between pesticide use and water quality through the Our Water, Our World program (OWOW). The goal of Our Water, Our World is to support a statewide integrated pest management IPM outreach program that provides direct to consumer information on less-toxic IPM practices.

By focusing on true source control and public outreach, OWOW advances two core components of CASQA’s Vision for Sustainable Stormwater Management1 (Principles 1 and 3).

Acknowledgements
Our Water, Our World is funded by CASQA, the organizations implementing the OWOW program (see Table 1 in Section 2 of this report) and is sponsored by the Bay Area Clean Water Association (BACWA). This report was prepared by Suzanne Bontempo, with support from Roshan Christoph (CASQA).

Disclaimer
Neither CASQA, Suzanne Bontempo, any contributors, nor the authors make any warranty, expressed or implied, nor assume any legal liability or responsibility for any third party’s use of this report or the consequences of use of any information, product, or process described in this report. Mention of trade names or commercial products, organization, or suppliers does not constitute an actual or implied endorsement or recommendation for or against use, or warranty of products.

Copyright@ 2022 California Stormwater Quality Association All rights reserved. CASQA member organizations who have subscribed to Our Water, Our World may include this report in their annual reports, provided credit is provided to CASQA. Short sections of text, not to exceed three paragraphs, may be quoted without written permission provided that full attribution is given to the source. 1 https://www.casqa.org/sites/default/files/downloads/final_-_vision_for_sustainable_stormwater_management_-_10-07-2020.pdf 249
Table of Contents
Preface ............................................................................................................................................................... 2 Acknowledgements ..................................................................................................................................................... 2 Disclaimer ............................................................................................................................................................... 2 Table of Contents ......................................................................................................................................................... 3 Section 1. Introduction .......................................................................................................................................... 4 Section 2. OWOW Program Elements .................................................................................................................. 4

2.1 Integrated Pest Management (IPM) Advocates ................................................................................................ 4

2.2 Educational Materials ........................................................................................................................................ 4

2.3 Trade Shows ..................................................................................................................................................... 5 Section 3: OWOW Partnerships ................................................................................................................................. 5 Section 4. Annual Program Implementation (2021-2022) ...................................................................................... 10

4.1 IPM Advocates ................................................................................................................................................ 10

4.2 Educational outreach material ........................................................................................................................ 10

4.3 Vendor Outreach ............................................................................................................................................. 11

4.4 Training and Outreach for Retailers and Consumers ...................................................................................... 12 Section 5: OWOW Program Development .............................................................................................................. 14

5.1 Updates in progress ........................................................................................................................................ 14

5.2 Future Considerations ..................................................................................................................................... 14 Appendix A – Images of OWOW Outreach Materials ................................................................................................ 1 Appendix B – Product Lists January 2022................................................................................................................. 1 250
Section 1. Introduction
Our Water Our World (OWOW) Our Water, Our World (OWOW) is an award-winning partnership between city- and county-based water pollution prevention agencies and garden centers and hardware stores that sell pest control products. Initiated in 1998, the program focuses on less-toxic, eco-friendly products and techniques as many common pesticides are harmful to sensitive species and ecosystems when they reach local creeks, bays, and the ocean.

OWOW started as a pilot project in 1998, in just a handful of stores, initiated by the Contra Costa County Sanitation District, the City of Palo Alto Regional Water Quality Control Plant, and the Marin Countywide Stormwater Pollution Prevention Program. The program quickly grew and was administered by the former Bay Area Stormwater Management Agencies Association from 1999 – 2021. During that time, over 130 agencies in 16 counties implemented the program, working in approximately 239 stores. Starting in January 2022, the program was transferred to CASQA, with the goal of providing statewide access to this important and successful outreach program.

From a stormwater management perspective, OWOW is an excellent opportunity and cost-efficient way to educate the public and reduce toxicity in waterways from current use pesticides. Several municipalities utilize OWOW to meet permit requirements, including the San Francisco Bay Area Municipal Regional Permit2, the Central Valley Region-wide MS43, and the Phase II – Small MS4 General Permit4.

This report provides a summary of the OWOW program activities implemented between July 2021 and June 2022.

Section 2. OWOW Program Elements
The OWOW program consists of several elements, which are integral to its effectiveness.

2.1 INTEGRATED PEST MANAGEMENT (IPM) ADVOCATES
A critical component of the program, IPM Advocates are individuals who have been specifically trained on how to engage with retailers and the public. IPM Advocates provide in-store presentations and advice to customers about pest management methods that are healthier for people and the environment. IPM Advocates also provide training for store employees and on an annual basis, receive continuing education and training.

2.2 EDUCATIONAL MATERIALS
In the store, consumers are directed to less-toxic products and techniques through a variety of ways:
• Fact sheets are provided to educate the public on a wide range of pest management topics • Shelf tags and display materials guide customers to less-toxic products • Additional educational resources are provided, such as product lists and information about active ingredients in pest management products
• Many of the educational outreach materials provided in-store are being updated to include QR codes, linking directly to the OWOW website.
2 Municipal Regional NPDES Permit and Waste Discharge Requirements General Permit for Discharges from Municipal Separate Storm Sewer Systems (MS4), California Regional Water Quality Control Board – San Francisco Bay Region, 2009.

Water Quality (WQ) Order R2-2009-0074-DWQ, NPDES NO. CAS612008, CA. 3 Municipal Regional NPDES Permit and Waste Discharge Requirements General Permit for Discharges from Municipal Separate Storm Sewer Systems (MS4), California Regional Water Quality Control Board – Central Valley, 2016. Water Quality (WQ) Order R5-2016-0040-DWQ, NPDES NO. CAS0085324, CA.
4 NPDES Permit for Waste Discharge Requirements for Discharges from Small MS4, California State Resources Control Board, 2013. WQ Order 2013-0001-DWQ, NPDES No. CAS000004, CA.
251
Online, via the OWOW website, consumers can view the following:
• All 18 fact sheets
• A list of stores participating in OWOW in their local communities • A current list of eco-friendly and less-toxic products available in stores

2.3 TRADE SHOWS
OWOW representatives provide exhibits annually at trade shows to educate buyers on less-toxic products.

Participation in these events in a critical step to ensure stores carry less-toxic products.

Section 3: OWOW Partnerships
The program is currently administered by CASQA, implemented by local cities and counties, with IPM Advocates and University of California Statewide IPM Program (UC IPM) serving as collaborative partners as shown in Figure 1.

CASQA manages and provides the central services necessary to operate and maintain Our Water, Our World, including the development of the in-store education materials (e.g., less-toxic product lists, label files, and active ingredient lists), creation and updates of outreach materials, operation and updates to the OWOW website, vendor (i.e., retail partners and pesticide distributors) outreach, preparation of an annual report, fulfillment of outreach materials orders, and program management and development.

IPM Advocates are highly trained individuals that support local implementation of the OWOW program in retail stores and are a crucial component of the OWOW program. They provide retail nurseries, hardware stores, and garden centers direct to consumer information on integrated pest management tools, products, and practices. They are the link between the municipalities and the retailers where they reach consumers. the IPM Advocates provide IPM trainings for store staff, and host webinars and events for customers via separate contracts with local agencies.

Suzanne Bontempo was contracted by CASQA to coordinate the IPM Advocates to keep continuity within the program, hold regular meetings to communicate updates on new pests and new pest management techniques, and maintain the outreach material. The active IPM Advocates include: Suzanne Bontempo, Debi Tidd, Julie Barbour, Lorenzo Levinger, Charlotte Canner, Maris Sidenstacker, and Lisa Ratusz.

The UC IPM Program provides research and expertise on IPM practices promoted throughout the state and maintains a website of less-toxic integrated pest management practices for nearly 1000 home, garden, landscape, and turf pests. Karey Windbiel-Rojas, Staff Director for Urban and Community IPM, UC IPM Program has been involved with the IPM Advocate program since its inception and continues to assist with advocate training, technical resources on pest management practices, and as a liaison with UC resources.

Municipal agencies subscribe to OWOW through CASQA and implement the OWOW program in their local retail stores by contracting with IPM Advocates or using municipal staff or other contractors. Implementation may be implemented by a single agency at stores within their jurisdiction or organized at a regional scale, where Agencies combine resources to implement the OWOW program at select stores used by multiple jurisdictions. In addition, municipal agencies conduct outreach to educate residents about the OWOW program. 252
Figure 1. OWOW Program Roles and Responsibilities
Table 1 provides the list of agencies implementing OWOW as of June 30, 2022. Bay Area Clean Water Agencies (BACWA) continue to support the OWOW program as a sponsor. 253
Table 1 List of Agencies Implementing OWOW
Bay Area
Alameda County
Alameda County Flood Control & Water Conservation
District
Alameda County Public Works Agency
City of Alameda
City of Albany
City of American Canyon
City of Antioch
City of Belmont
City of Belvedere
City of Berkeley
City of Brentwood
City of Brisbane
City of Burlingame
City of Calistoga
City of Campbell
City of Clayton
City of Cloverdale
City of Concord
City of Cotati
City of Cupertino
City of Daly City
City of Dublin
City of East Palo Alto
City of El Cerrito
City of Emeryville
City of Foster City
City of Fremont
City of Half Moon Bay
City of Hayward
City of Healdsburg
City of Hercules
City of Lafayette
City of Larkspur
City of Livermore
City of Los Altos
City of Martinez
City of Menlo Park
City of Mill Valley
City of Millbrae
City of Milpitas
City of Monte Sereno
City of Mountain View
City of Napa
City of Newark
City of Novato
City of Oakland
City of Oakley
City of Orinda
City of Pacifica
City of Palo Alto
City of Piedmont
City of Pinole
City of Pittsburg
254
Bay Area (Con’t)
City of Pleasant Hill
City of Pleasanton
City of Redwood City
City of Richmond
City of Rohnert Park
City of San Bruno
City of San Carlos
City of San Jose
City of San Leandro
City of San Mateo
City of San Pablo
City of San Rafael
City of San Ramon
City of Santa Clara
City of Santa Rosa
City of Saratoga
City of Sausalito
City of Sebastopol
City of South San Francisco
City of St. Helena
City of Sunnyvale
City of Ukiah
City of Walnut Creek
Contra Costa Clean Water Program
Contra Costa County
County of Alameda
County of Marin
County of Napa
County of San Mateo
County of Santa Clara
Marin Countywide Stormwater Pollution Prevention
Program
Mendocino County
Napa Countywide Stormwater Pollution Prevention
Program
San Mateo Countywide Water Pollution Prevention
Program
Santa Clara Valley Water District
Sonoma County
Sonoma County Water Agency
Town of Atherton
Town of Colma
Town of Corte Madera
Town of Danville
Town of Fairfax
Town of Hillsborough
Town of Los Altos Hills
Town of Portola Valley
Town of Ross
Town of San Anselmo
Town of Tiburon
Town of Windsor
Town of Woodside
Town of Yountville
Union City
Vallejo Flood and Wastewater District
Zone 7 Water Agency
255
Central Valley
Butte County
City of Ceres
City of Davis
City of Escalon
City of Lathrop
City of Lincoln
City of Lodi
City of Manteca
City of Newman
City of Patterson
City of Ripon
City of Riverbank
City of Roseville
City of Sacramento
City of Stockton
City of Tracy
City of Turlock
City of West Sacramento
City of Woodland
City of Yuba City
County of Sacramento
County of San Joaquin
El Dorado County
Fresno Metropolitan Flood Control District
Mountain House Community Service District
San Joaquin County
Stanislaus County
Yuba City
Central Coast
City Buellton
City of Carmel-by-the Sea
City of Carpinteria
City of Del Rey Oaks
City of Goleta
City of Monterey
City of Pacific Grove
City of Sand City
City of Santa Maria
City of Seaside
City of Solvang
County of Monterey
Santa Barbara County
Southern California
City of Santa Clarita
Sponsor
Bay Area Clean Water Agencies (BACWA)
Sacramento Stormwater Quality Partnership
256
Section 4. Annual Program Implementation (2021-2022)
The following OWOW outreach services were conducted between July 2021 and June 2022.

4.1 IPM ADVOCATES
After training by the University of California IPM Program, Advocates are contracted by local municipalities and then assigned to stores, where they pass on their knowledge to staff and hold educational events for customers Excellent relationships between the Advocates and store management and staff are key to the successful promotion of less-toxic, eco-friendly projects. Current IPM Advocates were trained prior to COVID-19 pandemic. Between July 2021 and June 2022, no training for new or existing IPM advocates was conducted.

IPM Coordination
Ms. Bontempo held regular meetings to communicate updates on new pests and new pest management techniques with current IPM Advocates.

DPR Grant Application
In the spring of 2022, CASQA and collaborating partners initiated worked on a draft DPR grant application to fund the development of a IPM Advocate Training Program. The application was held hold until the program needs are further refined, and the best funding approach is identified. The future activities to develop a IPM Advocate Training Program are described in Section 5.

4.2 EDUCATIONAL OUTREACH MATERIAL
Educational material includes fact sheets for specific pests, gardening and pesticide applications, shelf labels to identify eco-friendly products in stores, and OWOW website that makes the material accessible to the public. Some examples of OWOW outreach materials are provided in Appendix A. New OWOW outreach materials were not printed in this reporting year as the local jurisdictions and IPM Advocates had sufficient materials in stock.

Fact Sheets
There are 18 OWOW fact sheets available, including four (4) available in both English and Spanish. During the COVID-19 pandemic, the need to transition from paper fact sheets to a digital option was identified. Trackable QR codes were created to digitally access the OWOW fact sheets in the pesticide aisle at each retailer. The trackable QR codes record which fact sheets are viewed by consumers in retail stores. The trackable QR code posters were developed in 2021 and made available in select stores starting January 2022. According to the data from the QR code posters, the top three fact sheets viewed between January and June 2022, were ants, rats and mice, and moles, voles, and gophers. Table 2 presents a summary of QR code scans per month for each fact sheet.

Website
The OWOW website provides public access to OWOW outreach material, IPM resources, and the Store Locator, an interactive map to search for participating stores. Updates to the Store Locator are made on a quarterly basis. The Store Locator was revised in June 2022 to add 11 new participating stores and remove 6 stores that are closed or no longer supporting the OWOW program.

Store-based Product Lists
The store-based product lists provide the current lists of the eco-friendly products that the Home Depot stores and Ace Hardware stores sell each year. IPM Advocates use the store-based product lists to identify the eco-friendly products on store shelves using labels or “shelf talkers/tags”. Each year, the lists are reviewed, and updates are made as needed in consultation with subject-matter-experts. This year, the new products had the same active ingredients as others and 257
therefore, no revisions were necessary. Each year, more pesticide companies label eco-friendly products responding to purchasing habits by the consumer. Appendix B provides the products lists from 2022.

Table 2. Summary of QR Code Scans by OWOW Product:

January to July 2022
OWOW Product Total
Jan
2022
Feb
2022
March
2022
April
2022
May
2022
June
2022
OWOW Website 45 1 5 16 8 8 7
Ants 83 1 6 25 22 11 18
Aphids 62 0 3 19 16 11 13
Bed Bugs 29 0 3 4 9 5 8
Cockroaches 65 0 5 10 19 14 17
Fleas 40 0 3 4 14 10 9
Healthy Gardens 25 0 2 7 9 5 2
Hiring a Pest Co 15 0 2 4 5 3 1
Lawns 17 0 3 1 1 4 8
Moles Voles Gophers 92 0 6 25 25 14 22
Mosquitoes 51 0 9 8 13 11 10
Pesticide U&D 16 0 2 2 4 6 2
Pesticides & Water Quality 9 0 1 2 1 3 2
Rats & Mice 68 1 3 15 18 15 16
Roses 38 1 7 9 8 7 6
Snails & Slugs 36 0 2 9 15 4 6
Spiders 30 1 2 3 6 11 7
Weeds 21 1 2 6 6 3 3
Yellowjackets 30 1 2 8 9 7 3
Spanish Fact Sheets 23 1 2 9 2 5 4
Total 795 8 70 186 210 157 164

Solvang City CouncilNovember 28, 2022

Solvang City Council
November 28, 2022