Agenda — Solvang City Council, May 22, 2023 (part 1 of 2)

AGENDA
MONDAY MAY 22, 2023
3:30 PM SPECIAL JOINT SOLVANG CITY COUNCIL AND

TOURISM ADVISORY COMMITTEE MEETING
6:00 PM SPECIAL CLOSED SESSION MEETING
6:30 PM REGULAR CITY COUNCIL MEETING
VIRTUAL & IN COUNCIL CHAMBER, 1644 OAK STREET, SOLVANG, CA 93463 City Council: Tourism Advisory Committee:

Mark Infanti, Mayor Alex Grenier, Vice Chair
Elizabeth Orona District 4 Tracy Beard
David Brown District 3 John Jakubek
Robert Clarke at-large Kim Jensen
Claudia Orona at-large John Martino
Louise Smith
PARTICIPATING IN THE MEETING -City Council meetings will be in person and conducted by video/teleconferencing through Zoom. Meeting 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.
3:30 PM SPECIAL JOINT MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

1. DISCUSSION ITEMS:
a. Discussion and possible direction to Staff regarding the Tourism Marketing Contracts with Islett Agency and Stiletto Marketing to add additional Scope of Work and to extend 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 the term…………………………………………………………………………………………………..5
b. Discussion and possible direction to Staff regarding the Solvang Marketing and Events Manager position………………………………………………………………………………………21
c. Discussion and possible direction to Staff regarding the Tourism Marketing Budget…..22 d. Discussion and possible direction to Staff regarding the Tourism Marketing Plan………30 e. Discussion and possible direction to Staff regarding the Tourism Advisory Committee’s Role and Filling the Current Vacancy……………………………………………………………...31 f. Discussion and possible direction to Staff regarding an RFP to Upgrade the SolvangUSA Website……………………………………………………………………………………………..……34

2. ADJOURNMENT AT 5:30 PM
6:00 PM SPECIAL CLOSED SESSION

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

1. PUBLIC COMMUNICATIONS ON CLOSED SESSION
This section is intended to provide members of the public with the opportunity to comment on Closed Session Items. This section is limited to 30 minutes. Each speaker will be afforded three minutes, and may speak only once.

2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL—Potential Litigation – pursuant to Government Code Section 54956.9(d)(4)
One Potential Case
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR – The Closed Session is authorized by the Gov. Code §54956.8
AGENCY NEGOTIATOR: Lillian Jewell, Hamner Jewell & Associates PROPERTY: APN: 139-192-025, 410 Second Street, Solvang, CA.

NEGOTIATING PARTY: Duane E. Serritslev, Trustee of The Knoble Trust UNDER NEGOTIATION: Both Price and Terms

RECONVENE TO OPEN SESSION

3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS

4. ADJOURNMENT
2 6:30 PM REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None .

PRESENTATIONS
a. Waste Management Update

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

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 City Council Meeting Minutes:

April 24, 2023
May 8, 2023……………………………………………………………………………………………..36
c. Receive and file Monthly Investment Report …………………………………………………………45 d. Approve Amendment 2 to the Agreement with Carollo Engineers Inc. for an expanded scope of Services for Completion of a 500 Floodplain Study to Support USDA Grant Application, for the WWTP Water quality project, for the additional amount not to exceed $32,578, for the existing term to April 1, 2024, and Authorize the Mayor to Execute on Behalf of the City………46 e. Approve the First Amendment to the Agreement with Stiletto Marketing for additional Tourism Marketing services for a new total not to exceed $38,600, and to extend the term to December 31, 2023, and authorize the City Manager to execute on behalf of the City……………………...53 f. Approve the First Amendment to the Agreement with Islett Agency for additional Tourism Marketing services to create a Marketing Facebook page for a new total not to exceed $35,000, and to extend the term to December 31, 2023, and authorize the City Manager to execute on behalf of the City………………………………………………………………………………………..66 g. Adopt Resolution No. 23-1219 Appointing Bond Counsel for Wastewater Improvements in connection with a United States Department of Agriculture (USDA) Rural Development loan, 3 Authorizing and Directing Certain Actions with respect thereto; and Approve an agreement with Richards, Gershon & Watson for Bond Counsel Services in the amount not to exceed $40,850 for the term May 22, 2023 – xyz, and authorize the City Manager to execute on behalf of the City………………………………………………………………………76

5. PUBLIC HEARINGS
a. Public Hearing to Consider Adoption of Resolution No. 23-1218 Confirming and Levying Assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-24…………………………………………………………………………….…94 b. Public Hearing to Consider Introduction and first reading by Title Only Ordinance No. 23- 0366 amending Title 11 of the Solvang Municipal Code to conform Solar Energy System permitting requirements to State law and make a determination of exemption under the California Environmental Quality Act (CEQA)……………………………………………………125

6. DISCUSSION ITEMS
a. Discussion and possible action to receive Wastewater Treatment Plant project update136 b. Discussion and possible action regarding Introduction and first reading by Title Only of Ordinance No. 23-0367 Amending Chapter 2 “Fire Protection and Prevention” of Title 10 “Building Regulations” of the Solvang Municipal Code and Adopting by reference “Chapter 15 - Fire Prevention” of the Santa Barbara County Code (Incorporating and Amending the California Fire Code, 2022 Edition, and portions of the 2021 International Fire Code), and Making a Determination of Exemption under The California Environmental Quality Act…………………………………………………………………………138

7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS

8. ADJOURNMENT

AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.

Dated this 19th day of May 2023
4 SPECIAL JOINT CITY COUNCIL AND TOURISM

ADVISORY COMMITTEE STAFF REPORT
AGENDA ITEM 1.a
Meeting Date: May 22, 2023
SUBJECT: Discussion and possible direction to Staff regarding the Tourism Marketing Contracts with Islett Agency and Stiletto Marketing to add additional Scope of Work and to extend the term.

PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

Council has previously approved two-month agreements with both Islett Agency and Stiletto (attached) to provide tourism marketing content while the City recruits new Marketing staff and/or agency. Given the fact that the new City Manager will not have adequate time to do all of this before the end of June, staff requests direction from the Council and TAC regarding the tourism marketing contracts. Staff has discussed the possibility of extending these agreements through the end of the year with both agencies, and they are interested. Consequently, staff requests that the joint body recommend to the Council that they approve the contract extensions at their regular meeting to be held on May 22, 2023.

ALTERNATIVES:

The joint body could not make the requested recommendation or modify it for a shorter term. However, as noted above, staff capacity is limited and the additional time to make any necessary adjustments would help alleviate any concerns. Also, the agreement provides for a 10-day cancellation notice should another option present itself prior to the end of the year.

FISCAL IMPACT:

Expenses will be included in FY23/24 Marketing budget.

ATTACHMENTS:

Islett Agency contract; Stiletto contract
5 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C

SOLVANG

CITY OF SOLVANG

SHORT-FORM SERVICES AGREEMENT
($35,000 OR LESS)

1. PARTIES AND DATE. This Agreement is made and entered into this 13th day of April 2023, ("Effective Date") by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 ("City") and ISLETT AGENCY INC., a California Corporation with its principal place of business at 310 Termino Ave., Long Beach, CA 90814 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A" which are hereby incorporated as though fully set forth herein.

3. SCOPE OF SERVICES. Consultant shall provide to City the services as described in Exhibit "B".

4. TERM. The term of this Agreement shall be from April 13, 2023 through June 30, 2023, unless earlier terminated as set forth in the attached Terms and Conditions.

5. COMPENSATION. Consultant shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit"C" but in no event shall Consultant's compensation exceed $3,800 per month without written amendment from the City.

6. INSURANCE. In accordance with Section 4 of Exhibit "A", Consultant shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City.

Commercial General Liability Insurance:
[gJ $1,000,000 per occurrence/$2,000,000 aggregate.

D $2,000,000 per occurrence/$4,000,000 aggregate.

Automobile Liability:
[gJ $1,000,000 combined single limit for bodily injury and property damage.

Workers' Compensation:
[gJ Statutory Limits / Employer's Liability $1 bQ00,000 per accident or disease and a waiver of subrogation in favor of the City.[bv
Professional Liability (Errors and Omissions): Waived
D Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim.

7. GENERAL TERMS
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement or document. All exhibits identified in this Agreement are incorporated into the Agreement by this reference. In the event of any conflict between the terms of this Agreement and the lslett Agency Inc 1
6 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C terms of an exhibit, the terms of this Agreement shall control. Notwithstanding the foregoing sentence, the provisions of Section 5 of Exhibit A to this Agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in any other exhibit to this Agreement, even if such exhibit purports to affect the provisions of Section 5 of Exhibit A.

Electronic Delivery of Agreement. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF SOLVANG
By G.�:0&�
Brad Vidro, Interim City Manager
Date:
4/21/2023

APPROVED AS TO FORM
Richards, Watson & Gershon
By:

Date:

Chelsea O'Sullivan, Assistant City Attorney
4/21/2023
ATTEST:

Annamarie Porter, City Clerk
lslett Agency Inc

CONTRACTOR

ISLETT AGENCY INC
By:

Date:

Liana Cabrera, CEO
4/22/2023
2 7
DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C EXHIBIT "A"

TERMS AND CONDITIONS

1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit "C", within 30 days of completion of the
Work and approval by the City.

2. Compliance with Law. Consultant shall comply
with all applicable laws and regulations of the federal, state and local government, including any
requirements to pay prevailing wage under the Labor
Code or similar laws. Consultant shall assist the City, as requested, in obtaining and maintaining all permits
required of Consultant by Federal, State and local
regulatory agencies. Consultant is responsible for all
costs of clean up and/or removal of hazardous and
toxic substances spilled as a result of his or her Work.

3. Standard of Care. The Consultant shall perform
the Work in accordance with generally accepted
professional practices and principles and in a manner
consistent with the level of care and skill ordinarily
exercised by members of the profession practicing
under similar conditions.

4. Insurance. The Consultant shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of the
Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001 ), and if no
amount is selected in Section 6 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. If automobiles
are used in providing the services, Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as
broad as Insurance Services Office Form Number CA
0001 (ed. 10/13) covering automobile liability, Code 1
(any auto); C. Workers' Compensation in compliance
with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease, and D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6 of the
Agreement, written on an "occurrence" basis with a
limit not less than $1,000,000 per claim and which
shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an
occurrence basis, Consultant shall procure and pay
for appropriate tail coverage for a minimum of three
years following completion of the Scope of Services to
cover any errors or omissions occurring during the
Term. Insurance carriers shall be authorized by the
Department of Insurance, State of California, to do
business in California and maintain an agent for
process within the state. Such insurance carrier shall
A-1
have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by
the City. The policies required under subsections A
and B shall be endorsed to include additional insureds
as follows: The City of Solvang and its Elected and
Appointed Officials, Officers, Employees, Agents,
and Volunteers. Consultant shall also submit to the
City a waiver of subrogation endorsement in favor of
the City on all policies where such endorsement is
commercially available.

5. Indemnification. To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant
shall defend, indemnify and hold harmless the City, its Council, members of the Council, agents, officials,
officers, volunteers, and employees of the City,
against any and all claims, liabilities, demands,
expenses, costs and financial loss, or damages,
including reasonable attorneys' fees, that arise
directly or indirectly from any acts or omissions
related to this Agreement performed by Consultant or
its agents, employees, subcontractors,
subconsultants, consultants, or other persons/entities
acting on Consultant's behalf. This includes claims
for injury or death of any person, or damage to
property, or interference with use of property, or any
claim of the Consultant or subcontractor for wages or
benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the sole negligence or willful misconduct of the City, its Council, members of the
Council, agents and employees of the City.

Consultant shall be solely responsible for, and shall
save City harmless from, all matters relating to the
payment of Consultant's employees, agents,
subcontractors and subconsultants, including
compliance with social security requirements, federal
and State income tax withholding and all other
regulations governing employer-employee relations.

The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with
legal counsel acceptable to the City and the City's
attorneys' fees incurred in such an action.

6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the State of California. If any action is brought to interpret or
enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the
County of Santa Barbara, State of California.

7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or
8 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.

Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.

Consultant may terminate its obligation to provide
further Work under this Agreement upon 30 calendar
days' written notice to the City only in the event of
City's failure to perform in accordance with the terms
of this Agreement through no fault of Consultant.

8. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to anyone
other than the City and the Consultant. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render the
other provisions unenforceable, invalid or illegal.

Notice may be given or delivered by depositing the
same in any United States Post Office, certified mail,
return receipt requested, postage prepaid, addressed
to the parties to the addresses set forth in the
Agreement. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written consent of the
City, which may be withheld for any reason.

Consultant is retained as an independent contractor
and is not an employee of the City. No employee or
agent of Consultant shall become an employee of the
City. The individuals signing this Agreement
represent that they have the authority to sign on
behalf of the Parties and bind the Parties to this
Agreement. This is an integrated Agreement
representing the entire understanding of the parties
as to those matters contained herein, and
supersedes and cancels any prior oral or written
understanding or representations with respect to
matters covered hereunder. This Agreement may
not be modified or altered except in writing signed
by both parties hereto. City and Consultant agree
that no waiver of a breach of any provision of this
Agreement by either Consultant or City shall
constitute a waiver of any other breach of the same
provision or any other provision of this Agreement.

Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City's interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
A-2
services performed under this Agreement and
Consultant's or Consultant's clients' interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney's
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney's fees costs and
expenses and any attorneys' fees or costs incurred on
appeal of any judgment.
9 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C EXHIBIT "B"

SCOPE OF SERVICES

SOCIAL MEDIA MARKETING PACKAGE
EXECUTION:
• a team of three [3) dedicated social media experts
• content strategy outlining upcoming holidays and marketing initiatives • optimize social media platforms
• bi-weekly editorial calendars with one [1) round of revisions • custom hashtag development
STRATEGY:
• custom social media marketing strategy, including recommendations on account refresh, translating the brand aesthetic and voice to social media
ADMIN:
• 30-minute weekly strategy and touch base session with your islett team of experts • attend and present report at City Council meetings
REPORTING:
• weekly + monthly report with key takeaways
COMMUNITY MANAGEMENT [M-F]:
• engage with comments on posts
• engage with tagged posts
• engage with geotagged posts
• respond to direct messages
PLATFORMS:
• lnstagram
• Facebook
• TikTok
FREQUENCY:
• 15 posts/month
• repost tagged lnstagram Stories [M-F]
CONTENT [without content package]:
• source and curate visitor posts
• source and curate relevant Solvang business content
B-1
10 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C EXHIBIT "C"

COMPENSATION FOR SERVICES
SOCIAL MEDIA MARKETING PACKAGE: $3,800 per month
C-1
11 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C ACORD" CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
4/20/2023
CURAAGE-01 ABARRON
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT
NAME:

AP lntego Insurance Group, LLC PHONE I FAX
1601 Trapelo Rd Suite 280 (A/C, No, Ext): (A/C, No):

Waltham, MA 02451 ftlJ�ss: [email protected]
INSURER/SI AFFORDING COVERAGE NAIC#
INSURER A: Sentinel Insurance Company Ltd 11000
INSURED INSURER B : Travelers Property Casualty Company Of America 25674 lslett Agency INSURER c: Hartford Fire Insurance Company 19682 310 Termino Ave INSURER D:

Long Beach, CA 90814
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN"D WVD IMMIDDNYYY\ IMMIDDNYYY\ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ �
2,000,000
D CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 1,000,000 X 76SBUBl6739 3/21/2023 3/21/2024 PREMISES (Ea occurrence\ $ � MED EXP (Anv one oerson\ $ 10,000
� PERSONAL & ADV INJURY $ 2,000,000
4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ � POLICY □ �re?+ □ LOC PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: $
�AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident\ $
� ANY AUTO �
BODILY INJURY /Per oerson\ $
OWNED SCHEDULED � AUTOS ONLY � AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED FP�?�fc�d
"';,�NAMAGE � AUTOS ONLY � AUTOS ONLY $
$

UMBRELLA LIAB H
� OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION$ $
B WORKERS COMPENSATION X I �ffTuTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N UB1L331830 6/28/2022 6/28/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) 1,000,000 E.L. DISEASE - EA EMPLOYEE $ If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C E&O 76OH0524078-23 3/21/2023 3/21/2024 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Liana Cabrera - Excluded
City of Solvang is recognized as an additional insured as per written contract.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Solvang THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1644 OAK ST
Solvang, CA 93463

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
I �
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
12 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1. Bankruptcy

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit

3. Financial Responsibility Laws

4. Legal Action Against Us

5. Separation Of Insureds

6. Representations

7. Other Insurance

8. Transfer Of Rights Of Recovery Against Others To Us
F. OPTIONAL ADDITIONAL INSURED COVERAGES
Additional Insureds
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
Form 55 00 08 04 05
15 15
16 16
16 16
16 17
18 18
20 13
Anna Ferguson dba Stiletto Marketing 1

CITY OF SOLVANG

SHORT-FORM SERVICES AGREEMENT
($35,000 OR LESS)

1. PARTIES AND DATE. This Agreement is made and entered into this 10th day of April 2023, (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and ANNA FERGUSON DBA STILETTO MARKETING, an individual with its principal place of business at 1210 Mission Drive, Suite 103, Solvang, CA 93463 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit “A” which are hereby incorporated as though fully set forth herein.

3. SCOPE OF SERVICES. Consultant shall provide to City the services as described in Exhibit “B”.

4. TERM. The term of this Agreement shall be from April 25, 2023, through June 30, 2023, unless earlier terminated as set forth in the attached Terms and Conditions.

5. COMPENSATION. Consultant shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit “C” but in no event shall Consultant’s compensation exceed seven thousand dollars ($7,000) without written amendment from the City.

6. INSURANCE. In accordance with Section 4 of Exhibit “A”, Consultant shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City.

Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate.
$2,000,000 per occurrence/$4,000,000 aggregate.

Automobile Liability: Waived
$1,000,000 combined single limit for bodily injury and property damage.

Workers’ Compensation: Waived
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City.

Professional Liability (Errors and Omissions): Waived
Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim.

7. GENERAL TERMS
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement or document. All exhibits identified in this Agreement are incorporated into the DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 14 Anna Ferguson dba Stiletto Marketing 2
Agreement by this reference. In the event of any conflict between the terms of this Agreement and the terms of an exhibit, the terms of this Agreement shall control. Notwithstanding the foregoing sentence, the provisions of Section 5 of Exhibit A to this Agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in any other exhibit to this Agreement, even if such exhibit purports to affect the provisions of Section 5 of Exhibit A.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF SOLVANG CONTRACTOR
ANNA FERGUSON dba STILETTO MARKETING
By: By:

Brad Vidro, Interim City Manager Anna Ferguson
Date: Date:

APPROVED AS TO FORM
Richards, Watson & Gershon
By:

Chelsea O’Sullivan, Assistant City Attorney
Date:

ATTEST:
_______________________________
Annamarie Porter, City Clerk
DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 4/25/2023
4/30/2023 4/25/2023
15 A-1
EXHIBIT “A”

TERMS AND CONDITIONS

1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit “C”, within 30 days of completion of the
Work and approval by the City.

4. Insurance. The Consultant shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of the
Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no
amount is selected in Section 6 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. If automobiles
are used in providing the services, Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as
broad as Insurance Services Office Form Number CA
0001 (ed. 10/13) covering automobile liability, Code 1
(any auto); C. Workers’ Compensation in compliance
with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease, and D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6 of the
Agreement, written on an “occurrence” basis with a
limit not less than $1,000,000 per claim and which
shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an
occurrence basis, Consultant shall procure and pay
for appropriate tail coverage for a minimum of three
years following completion of the Scope of Services to
cover any errors or omissions occurring during the
Term. Insurance carriers shall be authorized by the
Department of Insurance, State of California, to do
business in California and maintain an agent for
process within the state. Such insurance carrier shall
have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by
the City. The policies required under subsections A
and B shall be endorsed to include additional insureds
as follows: The City of Solvang and its Elected and
Appointed Officials, Officers, Employees, Agents,
and Volunteers. Consultant shall also submit to the
City a waiver of subrogation endorsement in favor of
the City on all policies where such endorsement is
commercially available.

5. Indemnification. To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant
shall defend, indemnify and hold harmless the City, its Council, members of the Council, agents, officials,
officers, volunteers, and employees of the City,
against any and all claims, liabilities, demands,
expenses, costs and financial loss, or damages,
including reasonable attorneys’ fees, that arise
directly or indirectly from any acts or omissions
related to this Agreement performed by Consultant or
its agents, employees, subcontractors,
subconsultants, consultants, or other persons/entities
acting on Consultant’s behalf. This includes claims
for injury or death of any person, or damage to
property, or interference with use of property, or any
claim of the Consultant or subcontractor for wages or
benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the sole negligence or willful misconduct of the City, its Council, members of the
Council, agents and employees of the City.

Consultant shall be solely responsible for, and shall
save City harmless from, all matters relating to the
payment of Consultant’s employees, agents,
subcontractors and subconsultants, including
compliance with social security requirements, federal
and State income tax withholding and all other
regulations governing employer-employee relations.

The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with
legal counsel acceptable to the City and the City’s
attorneys’ fees incurred in such an action.

7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 16 A-2
all original field notes, drawings and specifications,
written reports and other documents produced or
developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.

Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.

Consultant may terminate its obligation to provide
further Work under this Agreement upon 30 calendar
days' written notice to the City only in the event of
City’s failure to perform in accordance with the terms
of this Agreement through no fault of Consultant.

Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City’s interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
services performed under this Agreement and
Consultant’s or Consultant’s clients’ interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney’s
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney’s fees costs and
expenses and any attorneys’ fees or costs incurred on
appeal of any judgment.

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 17 B-1
EXHIBIT “B”

SCOPE OF SERVICES
Scope of Work – SolvangUSA:

On a monthly basis, Consultant will:
 Write, edit (with direction from City Manager and/or staff), and distribute any press announcements which might need to go out during a particular month, either full length press releases, brief media alerts, or pitches.
o Releases or pitches will be pushed out to local, near-regional, far-regional outlets, as well as appropriate national / industry publications, outlets, and contacts, with exact distribution audience to be determined by content of finalized, written work. o Work includes creating and/or editing and distributing the press release(s) or pitch(es), as well as any necessary correspondence with press/media/writers surrounding the announcement(s)*.
* Coordination of any resulting media visit requests falls within this work.  Conduct general media pitching and media outreach which is not necessarily tied to a specific press release or announcement; this would entail ongoing outreach to various editors, writers, outlets, and so forth.
 Field and respond to inbound media/PR requests for further information, photos, or possible media visits.
 Schedule, compile, and run through any one-off media itineraries and associated visits, or group / FAM tours of the destination and surrounding area.  Pitch, plan and coordinate press / media / influencer stays or property visits, and/or any media preview events for new initiatives or events.
 Review HARO queries on a regular basis and subsequently pitch in response to any appropriate media queries, and conduct journalist follow-up.  Conduct initial review of appropriate editorial calendars to determine a more precise pitching schedule for the few, upcoming months.
 Attend regular meetings with Solvang Marketing Manager and/or appropriate City staff or Committees to keep up-to-date on Solvang happenings, brainstorming, upcoming media visit briefing, etc.
 Regularly converse with Solvang Chamber of Commerce to align marketing efforts and to support the Solvang business community, as necessary.  Coordinate photo / video shoots, if necessary, for editorial or social media use. o Professional-quality, high-resolution photos are required to submit along with any and all associated press releases, media alerts, or pitches.

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 18 C-1
 Provide brief, monthly wrap-up report with status of editorial coverage; new ideas discussed during prior month and any existing implementation game-plan; reminders about upcoming/impending media visits.
o Reports to include any accessible media valuation numbers and/or stats for prior month.
 Act as the interim media/PR liaison with other regional and statewide DMOs including Visit Santa Ynez Valley, Central Coast Tourism Council, Visit Santa Barbara, and Visit California, as well as local Chambers of Commerce, to align Solvang efforts with peers and to alert them to Solvang initiatives for potential media pitching opportunities.  Work regularly with SolvangUSA social media team(s) to offer links to news coverage, copy that has been created, or other ideas for use in posts.  Communicate regularly with Solvang Visitors Center staff / management as to VC trends, visitor numbers/stats, concerns, visitation feedback.
 Attend regular meetings of the Solvang City Council, in person or via Zoom, as well as Solvang Tourism Advisory Committee meetings, during the term of this contract.

Proposed / Potential Timeline for May / June 2023 Work
DELIVERABLE(S):

Early-May 2023 Press Release
 Summer Travel stories and Events (May through September), to possibly include:
o Santa Barbara Wine Country Half Marathon (May 13, 2023) o Solvang Chamber of Commerce Music in the Park (starts late-June) o PCPA at Solvang Festival Theater (June 22-September 10, 2023) o Juneteenth Celebration (June 19, 2023)
o SYV Pride Week/end (June 24, 2023)
o Fourth of July (July 4, 2023)
o Solvang Danish Days (September 15-17, 2023)
o Other events or milestones, business anniversaries, museum exhibits, openings, etc.
 Content and format of early-May press release to be discussed with City staff and/or Committees prior to creation and distribution.
 As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.

Two (2) Pitches (not tied to Early-May 2023 Press Release)  Two (2) separate pitches (two different story angles) will be pitched out during this Contract term, with goal of securing media coverage either through in-person media visits or without media visitation to research for potential stories.  Exact angles and pitch content to be discussed / determined through discussions with City management or staff, or Committees, as necessary.

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 19 C-1
EXHIBIT “C”

COMPENSATION FOR SERVICES
SOLVANG TOURISM MONTHLY RETAINER FEE:
 $2,800.00 per month (to include use of specific CISION components for media tasks**) ** CISION is an expensive investment, and the time it would take to set up a City-owned account would not be conducive to productivity given the short term of this contract.

Consultant’s plan is to utilize existing CISION subscription, but turn over to the City all data or reports specific to SolvangUSA work, upon project or contract termination.

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 20 SPECIAL JOINT CITY COUNCIL AND TOURISM

ADVISORY COMMITTEE STAFF REPORT
AGENDA ITEM 1.b
Meeting Date: May 22, 2023
SUBJECT: Discussion and possible direction to Staff regarding the Solvang Marketing and Events Manager Position
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

This City position was recently vacated. Consequently, staff seeks direction on what to do regarding filling the vacancy. While there is some amount of urgency regarding filling the vacancy, there is also some amount of logic in delaying filling it until after the new City Manager gets his bearings and truly understands the needs of the City.

Depending on the recommendation to the Council given regarding the first Item on this agenda, the City may have until the end of the year to determine its path. In the meantime, it might be wise to bring a facilitator in to guide the discussion to answer questions such as:

1. What is uniquely the City’s responsibility regarding destination marketing?

2. How do we define that mission?

3. What are the expected outcomes and how will they be measured?

4. What is the message?

5. What are the singular/unique attributes that support this message and mission?

6. How do we activate that message and mission?

7. Is it in the City’s best interest to drive this forward on its own or with the assistance of a consultant?
These and many other questions may need to be answered before we can make any measurable progress regarding the Marketing Plan (discussed later as Item 1.d).

ALTERNATIVES:

1. Wait to fill the position (recommended); or

2. Do not fill the position at this time.

FISCAL IMPACT:

Expenses will be included in FY23/24 Marketing budget.

ATTACHMENTS:

None
21 SPECIAL JOINT CITY COUNCIL AND TOURISM

ADVISORY COMMITTEE STAFF REPORT
AGENDA ITEM 1.c
Meeting Date: May 22, 2023
SUBJECT: Discussion and possible direction to Staff regarding the Tourism Marketing Budget
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

Staff seeks direction regarding the attached budget and any recommendations that this joint body may wish to make for the Council to consider at its upcoming budget review.

ALTERNATIVES:

1. Do not make any adjustments (recommended); or

2. Add funds to the budget; or

3. Subtract funds from the budget; or

4. Another option as approved by a group majority.

FISCAL IMPACT:

TBD based on the selected alternative.

ATTACHMENTS:

Marketing Budget Worksheet
22 5/15/2023 3:11:40 PM Page 1 of 7
Budget Worksheet
City of Solvang Account Summary
For Fiscal: 2022-2023 Period Ending: 06/30/2023
2022-2023
YTD Activity
2022-2023
Total Budget
2021-2022
Total Activity
2021-2022
Total Budget
2020-2021
Total Activity
2020-2021
Total Budget
2023-2024
Prelim Budget
Defined Budgets
Fund: 100 - GENERAL FUND
Department: 1400 - Tourism
Program: 400 - Tourism Activities
Revenue
100-1400-400-43020 TBID - Admin. Reimbursement 10,000.00 6,291.80 10,000.00 11,175.74 10,000.00 9,314.16 10,000.00 Revenue Total: 10,000.00 6,291.80 10,000.00 11,175.74 10,000.00 9,314.16 10,000.00 Expense
100-1400-400-51000 Salaries 0.00 0.00 0.00 0.00 88,249.23 64,007.93 79,735.55 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 86,518.85
100-1400-400-51002 FICA 0.00 0.00 0.00 0.00 8,689.18 5,293.45 8,262.05 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 8,689.18
100-1400-400-51003 Retirement 0.00 0.00 0.00 0.00 4,343.25 _____________________________ 0.00 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 4,343.25
100-1400-400-51005 Cafeteria Plan 0.00 0.00 0.00 0.00 22,137.72 6,730.49 23,485.80 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep CAFT 0.00 0.00 21,065.16
Final Budget Unrep Life, Dental, Vision 0.00 0.00 2,420.64 100-1400-400-51008 Workers' Comp Ins. 0.00 0.00 0.00 0.00 2,898.76 4,025.35 3,214.37 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 2,898.76
100-1400-400-51017 Workers' Comp Ins-Retrospective… 0.00 0.00 0.00 0.00 18.37 18.37 -57.91 23 Budget Worksheet For Fiscal: 2022-2023 Period Ending: 06/30/2023 5/15/2023 3:11:40 PM Page 2 of 7
2022-2023
YTD Activity
2022-2023
Total Budget
2021-2022
Total Activity
2021-2022
Total Budget
2020-2021
Total Activity
2020-2021
Total Budget
2023-2024
Prelim Budget
Defined Budgets
Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 18.37
100-1400-400-51019 Long Term Disability 0.00 0.00 0.00 0.00 389.33 179.93 358.81 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 389.33
100-1400-400-51020 Retirement - ER Pd 8% EE Share 0.00 0.00 0.00 0.00 6,793.50 _____________________________ 0.00 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 6,793.50
100-1400-400-51021 Retirement - PERS UAL 0.00 0.00 0.00 0.00 41,054.21 _____________________________ 0.00 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 41,054.21
100-1400-400-51022 Retirement - PERS PEPRA ER Sha… 0.00 0.00 0.00 0.00 0.00 4,803.37 6,378.84 100-1400-400-51030 Housing Allowance 0.00 0.00 0.00 0.00 7,200.00 4,134.42 7,200.00 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 6,000.00
100-1400-400-51031 Cell Phone Allowance 0.00 0.00 0.00 0.00 600.00 357.74 600.00 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 600.00
100-1400-400-51035 Overtime 0.00 0.00 0.00 0.00 0.00 _____________________________ 457.58 100-1400-400-55002 Water and Sewer Charges 2,500.00 2,420.46 2,500.00 2,551.72 2,500.00 2,480.97 2,500.00 100-1400-400-57005 Custodial 140,000.00 248,798.00 0.00 9,668.00 0.00 _____________________________ 0.00 100-1400-400-57009 Insurance 0.00 0.00 0.00 0.00 4,281.24 4,282.26 4,465.39 Budget Detail
Budget Code Description Units Price Amount
Final Budget Unrep 0.00 0.00 4,281.24
100-1400-400-57016 Professional Services 0.00 0.00 0.00 0.00 0.00 0.00 20,000.00 24 Budget Worksheet For Fiscal: 2022-2023 Period Ending: 06/30/2023 5/15/2023 3:11:40 PM Page 3 of 7
2022-2023
YTD Activity
2022-2023
Total Budget
2021-2022
Total Activity
2021-2022
Total Budget
2020-2021
Total Activity
2020-2021
Total Budget
2023-2024
Prelim Budget
Defined Budgets
100-1400-400-57018 Sidewalk Cleaning 25,000.00 18,032.21 0.00 0.00 0.00 _____________________________ 0.00 100-1400-400-57029 Village Planter Maint. 0.00 11,300.00 0.00 0.00 0.00 _____________________________ 0.00 100-1400-400-59010 Tourism/Marketing Expense 383,583.00 574,907.10 920,915.00 633,538.93 564,520.00 582,683.57 550,000.00 Budget Detail
Budget Code Description Units Price Amount
Final Budget Julefest 0.00 0.00 100,000.00
Final Budget Marketing 1.00 300,000.00 300,000.00
Final Budget Vistor's Center 0.00 0.00 150,000.00
100-1400-400-59015 Danish Days 0.00 0.00 0.00 0.00 50,000.00 _____________________________ 40,000.00 100-1400-400-70707 Street Light Banners 1,800.00 1,779.78 0.00 0.00 0.00 _____________________________ 0.00 Expense Total: 552,883.00 857,237.55 923,415.00 645,758.65 803,674.79 719,455.43 706,142.90 Program: 400 - Tourism Activities Surplus (Deficit): -542,883.00 -850,945.75 -913,415.00 -634,582.91 -793,674.79 -710,141.27 -696,142.90 Program: 410 - Tourism Events
Revenue
100-1400-410-41003 Tourism Revenues 100,000.00 -2,500.00 0.00 0.00 0.00 _____________________________ 350.00 Revenue Total: 100,000.00 -2,500.00 0.00 0.00 0.00 350.00 0.00 Program: 410 - Tourism Events Total: 100,000.00 -2,500.00 0.00 0.00 0.00 350.00 0.00 Department: 1400 - Tourism Surplus (Deficit): -442,883.00 -853,445.75 -913,415.00 -634,582.91 -793,674.79 -709,791.27 -696,142.90 Fund: 100 - GENERAL FUND Surplus (Deficit): -442,883.00 -853,445.75 -913,415.00 -634,582.91 -793,674.79 -709,791.27 -696,142.90 25 Budget Worksheet For Fiscal: 2022-2023 Period Ending: 06/30/2023 5/15/2023 3:11:40 PM Page 4 of 7
2022-2023
YTD Activity
2022-2023
Total Budget
2021-2022
Total Activity
2021-2022
Total Budget
2020-2021
Total Activity
2020-2021
Total Budget
2023-2024
Prelim Budget
Defined Budgets
Fund: 700 - SYV - TOURISM BUS IMP DIST
Department: 1400 - Tourism
Program: 400 - Tourism Activities
Revenue
700-1400-400-43001 Tourism Bus Imp Dist Assmt 470,000.00 375,004.00 470,000.00 573,227.50 470,000.00 407,861.00 470,000.00 Revenue Total: 470,000.00 375,004.00 470,000.00 573,227.50 470,000.00 407,861.00 470,000.00 Expense
700-1400-400-59016 SYVTBID Payments 470,000.00 303,653.00 470,000.00 547,611.56 470,000.00 456,393.84 470,000.00 700-1400-400-61003 City Admin Fee 10,000.00 6,291.80 10,000.00 11,175.74 10,000.00 9,314.16 10,000.00 Expense Total: 480,000.00 309,944.80 480,000.00 558,787.30 480,000.00 465,708.00 480,000.00 Program: 400 - Tourism Activities Surplus (Deficit): -10,000.00 65,059.20 -10,000.00 14,440.20 -10,000.00 -57,847.00 -10,000.00 Department: 1400 - Tourism Surplus (Deficit): -10,000.00 65,059.20 -10,000.00 14,440.20 -10,000.00 -57,847.00 -10,000.00 Fund: 700 - SYV - TOURISM BUS IMP DIST Surplus (Deficit): -10,000.00 65,059.20 -10,000.00 14,440.20 -10,000.00 -57,847.00 -10,000.00 Report Surplus (Deficit): -452,883.00 -788,386.55 -923,415.00 -620,142.71 -803,674.79 -767,638.27 -706,142.90 26 Budget Worksheet For Fiscal: 2022-2023 Period Ending: 06/30/2023 5/15/2023 3:11:40 PM Page 5 of 7
Group Summary
Account Typ…
2022-2023
YTD Activity
2022-2023
Total Budget
2021-2022
Total Budget
2020-2021
Total Budget
Defined Budgets
2021-2022
Total Activity
2020-2021
Total Activity
2023-2024
Prelim Budget
Fund: 100 - GENERAL FUND
Department: 1400 - Tourism
Program: 400 - Tourism Activities
Revenue 10,000.00 6,291.80 10,000.00 11,175.74 10,000.00 9,314.16 10,000.00 Expense 552,883.00 857,237.55 923,415.00 645,758.65 803,674.79 719,455.43 706,142.90 Program: 400 - Tourism Activities Surplus (Deficit): -542,883.00 -850,945.75 -913,415.00 -634,582.91 -793,674.79 -710,141.27 -696,142.90 Program: 410 - Tourism Events
Revenue 100,000.00 -2,500.00 0.00 0.00 0.00 350.00 0.00 Program: 410 - Tourism Events Total: 100,000.00 -2,500.00 0.00 0.00 0.00 350.00 0.00 Department: 1400 - Tourism Surplus (Deficit): -442,883.00 -853,445.75 -913,415.00 -634,582.91 -793,674.79 -709,791.27 -696,142.90 Fund: 100 - GENERAL FUND Surplus (Deficit): -442,883.00 -853,445.75 -913,415.00 -634,582.91 -793,674.79 -709,791.27 -696,142.90 27 Budget Worksheet For Fiscal: 2022-2023 Period Ending: 06/30/2023 5/15/2023 3:11:40 PM Page 6 of 7
Account Typ…
2022-2023
YTD Activity
2022-2023
Total Budget
2021-2022
Total Budget
2020-2021
Total Budget
Defined Budgets
2021-2022
Total Activity
2020-2021
Total Activity
2023-2024
Prelim Budget
Fund: 700 - SYV - TOURISM BUS IMP DIST
Department: 1400 - Tourism
Program: 400 - Tourism Activities
Revenue 470,000.00 375,004.00 470,000.00 573,227.50 470,000.00 407,861.00 470,000.00 Expense 480,000.00 309,944.80 480,000.00 558,787.30 480,000.00 465,708.00 480,000.00 Program: 400 - Tourism Activities Surplus (Deficit): -10,000.00 65,059.20 -10,000.00 14,440.20 -10,000.00 -57,847.00 -10,000.00 Department: 1400 - Tourism Surplus (Deficit): -10,000.00 65,059.20 -10,000.00 14,440.20 -10,000.00 -57,847.00 -10,000.00 Fund: 700 - SYV - TOURISM BUS IMP DIST Surplus (Deficit): -10,000.00 65,059.20 -10,000.00 14,440.20 -10,000.00 -57,847.00 -10,000.00 Report Surplus (Deficit): -452,883.00 -788,386.55 -923,415.00 -620,142.71 -803,674.79 -767,638.27 -706,142.90 28 Budget Worksheet For Fiscal: 2022-2023 Period Ending: 06/30/2023 5/15/2023 3:11:40 PM Page 7 of 7
Fund Summary
Fund
2022-2023
YTD Activity
2022-2023
Total Budget
2021-2022
Total Budget
2020-2021
Total Budget
Defined Budgets
2021-2022
Total Activity
2020-2021
Total Activity
2023-2024
Prelim Budget
100 - GENERAL FUND -442,883.00 -853,445.75 -913,415.00 -634,582.91 -793,674.79 -709,791.27 -696,142.90 700 - SYV - TOURISM BUS IMP DIST -10,000.00 65,059.20 -10,000.00 14,440.20 -10,000.00 -57,847.00 -10,000.00 Report Surplus (Deficit): -452,883.00 -788,386.55 -923,415.00 -620,142.71 -803,674.79 -767,638.27 -706,142.90 29 SPECIAL JOINT CITY COUNCIL AND TOURISM

ADVISORY COMMITTEE STAFF REPORT
AGENDA ITEM 1.d
Meeting Date: May 22, 2023
SUBJECT: Discussion and possible direction to Staff regarding the Tourism Marketing Plan
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

As discussed in Item 1.b, there are many questions that need to be answered before much progress can be made in this regard. Consequently, staff requests direction regarding the Tourism Marketing Plan.

ALTERNATIVES:

1. Direct staff to select a facilitator to guide the discussion that will assist in answering those questions raised in 1.b (recommended); or

2. Rely on staff and current contractors to provide those answer; or

3. Another option as approved by a group majority.

FISCAL IMPACT:

TBD based on the selected alternative.

ATTACHMENTS:

None
30 SPECIAL JOINT CITY COUNCIL AND TOURISM

ADVISORY COMMITTEE STAFF REPORT
AGENDA ITEM 1.e
Meeting Date: May 22, 2023
SUBJECT: Discussion and possible direction to Staff regarding the Tourism Advisory Committee’s Role and Filling the Current Vacancy
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

Given the recent issues related to the Committee, staff seeks direction regarding the future of the TAC and whether or not to fill the vacancy created by the resignation of the prior chairperson. Additionally, it appears that the Committee lacks the diversity as expressed in Section 2.5.2.B of the attached code section, specifically as it relates to a cross-section of the tourism community.

ALTERNATIVES:

1. Direct staff to solicit applications for the vacancy; or

2. Disband the TAC and solicit applications to recreate it consistent with the ordinance; or

3. Disband it altogether; or

4. Another option as approved by a group majority.

FISCAL IMPACT:
n/a.

ATTACHMENTS:

Solvang Municipal Code Chapter 5 – Tourism Advisory Committee 31 Chapter 5

TOURISM ADVISORY COMMITTEE
Sections:
2-5-1
2-5-2
2-5-3
2-5-4
Committee established.

Membership.

Organization and meetings.

Duties and responsibilities.
2-5-1 Committee established.
2-5-1
A. Establishment. There is hereby created and established a committee consisting of five (5) members to be known as the tourism advisory committee.

B. Purpose and Intent. The purpose and intent of the tourism advisory committee is to promote Solvang as a tourist destination to enhance the quality of life for Solvang community. Building upon and featuring the unique and authentic character of Solvang and Danish heritage, tourism advisory committee shall serve as the advisory committee to city council to develop and promote Solvang as a major tourist destination. The mission of the tourism advisory committee is to inform and engage all tourism sectors and the community, creating a unified, dynamic consortium that increases tourism in Solvang for the benefit of the entire community. The tourism advisory committee shall serve as an advisory board, not a policy board; therefore, it can make recommendations but not set policy. (Ord. 21-0351 § 1) 2-5-2 Membership.

A. Appointment. Each city council member shall appoint one (1) tourism advisory committee member selected from the qualified individuals who apply to the city council, which shall include incumbents. The city council by majority vote may appoint up to two (2) additional members selected from the qualified individuals who apply to the city council, which shall include incumbents. The tourism advisory committee shall be comprised of no more than seven (7) members. The city council may appoint an alternate member from a participating organization to serve as a voting member during the absence of the first appointee.

B. Qualification. The tourism advisory committee shall represent a cross section of the community as it relates to tourism and represent as many of the following categories as possible: large hotel, small hotel, large retailer, small retailer, shopping center, restaurant, cultural-visual and/or performing arts, real estate, local attraction or a profession within the marketing community. Each tourism advisory committee member shall be a legal resident within the boundaries of one (1) of the following zip codes at the time of the member's appointment and during the member's tenure in office: 93463, 93464, 93427, 93460, 93440 (Solvang, Buellton, Santa Ynez and Los Alamos).

C. Term and Vacancies.

1. The term of office for tourism advisory committee members shall be two (2) years. The term of all members �hall expire on December 31 of each even year. Each tourism advisory committee member may be reappointed from term to term in the same manner as set forth in subsection A of this section.

2. Vacancies shall be filled for the unexpired portion of the term in the same manner as set forth in subsection A and in the same manner as the original appointment.

D. Removal-Termination Due to Nonattendance.

1. Committee members may be removed at any time by affirmative vote of three (3) members of the city council. Removal shall create a vacancy under subsection C of this section.

2. A tourism advisory committee member shall be permitted two (2) unexcused absences per calendar year and a third unexcused absence shall be deemed removed from membership without fur42-5 (Solvang Supp. No. 2, 11-21) 32 2-5-3
ther action of the committee or city council, unless excused for cause by the chairperson, or if the chairperson, by a majority of the tourism advisory committee. The tourism advisory committee shall notify the city council immediately of any such removal due to nonattendance. Such removal shall create a vacancy under subsection C of this section.

E. Compensation and Expenses.

1. Any compensation of the tourism advisory committee members shall be fixed by resolution of the city council.

2. Tourism advisory committee members may be reimbursed for their necessary and actual expenses incurred on official city business in accordance with city policy. (Ord. 21-0351 § 1) 2-5-3 Organization and meetings.

A. Organization.

8. 1. The tourism advisory committee shall, immediately upon its appointment and taking its office annually, at its first regular meeting after January 1 of each year, elect a chairperson from among its members.
. 2.

3. The city manager or designee may refer matters relating to tourism and marketing to the tourism advisory committee for advice.

The quorum of all tourism advisory committee meetings shall be a majority of its members.

4. Rules. The tourism advisory committee shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations.

Regular Meetings.

1. The tourism advisory committee shall hold regularly scheduled public meetings.

2. Minutes shall be kept of all meetings and copies delivered to the city clerk for filing.

C. Conflict of Interest. Tourism advisory committee members shall act in accordance with the Political Reform Act and Fair Political Practices Commission regulations and are thereby prohibited from acting on, discussing, or displaying an appearance of acting on a matter for which the member has a material financial conflict of interest as defined under the Political Reform Act and implementing regulations.

Tourism advisory committee members shall consult with the city planner and the city attorney on any specific determinations of conflicts of interest at least five (5) days in advance of any meeting at which the member's participation may materially affect the member's financial interests. (Ord. 21-0351 § 1) 2-5-4 Duties and responsibilities.

A. General. The tourism advisory committee shall have the following duties:

1. Serve in an advisory capacity for the city council.

2. Make recommendations on matters pertaining to tourism marketing initiatives, tourism projects, and long-range plans for the tourism industry.

3. Investigate, research, and report on the feasibility of adoption or implementation of ideas and initiatives to further the city's tourism efforts and increase tax revenues and visitation numbers.

4. Make recommendations on the selection of consultants and/or agencies providing professional marketing/advertising services required by the city and any determination of appropriate scope of work.

5. Make recommendations for marketing budget allocations.

6. Monitor and evaluate effectiveness of marketing and tourism programs. (Ord. 21-0351 § 1) (Solvang Supp. No. 2, 11-21) 42-6
33 SPECIAL JOINT CITY COUNCIL AND TOURISM

ADVISORY COMMITTEE STAFF REPORT
AGENDA ITEM 1.f
Meeting Date: May 22, 2023
SUBJECT: Discussion and possible direction to Staff regarding an RFP to Upgrade the SolvangUSA Website
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

The existing SolvangUSA website has been likened to a 50-year-old car. It runs but needs to be modernized. Current staff lacks the capacity and ability to do this work. Consequently, staff seeks direction on whether or not to release an RFP to upgrade or replace it.

ALTERNATIVES:

1. Direct staff to release an RFP to upgrade or replace the website (recommended); or

2. Do nothing; or

3. Provide another option as approved by a group majority.

FISCAL IMPACT:
n/a.

ATTACHMENTS:

None
34 Meeting Date Agenda Item Agenda Dept
12-Jun Juneteenth Day 2023 Proclamation Clerk
June 2023 as Pride Month Proclamation Clerk
Modifications to existing 2 yr financial Plan Reso Discussion Administration Holdover Agreement with SBSO Consent City Manager
Zworld GIS Contract Extension Consent Public Works
Award City Tree Services Contract Discussion Public Works Fire Code Ordinance Adoption Public Hearing Planning
Outdoor Dining Discussion Planning
26-Jun Annual Contract Renewals Various
Willdan Engineering Agmt Amendment Consent Planning
Fred Langman Agmt Amendment Consent Administration
Goleta City Library Agmt Consent Administration
Hsueh, Eddie Code Enforcement agmt amendment Consent Planning Janitorial Services Amendment Discussion Public Works
Urban Planning Concepts Inc Agmt Amend Consent Planning Monthly Investment Report Consent Administration
10-Jul Teamsters Union Local 986 2023-24 MOU Discussion Administration Esther Jacobsen Bates Proclamation Proclamation City Clerk Active Transportation Plan Discussion Public Works
24-Jul Quarterly Investment Report Consent Administration Future Meetings
Cannon SSMP Update Discussion Utilities
WWTP Interim Financing Discussion Administration
Measure U Oversight Committee Appointment Discussion City Clerk Residences as a primary use in the TRC Zone Discussion Planning General Plan Planning
Finance Department reorganization Discussion Administration Grant Funding Applications review Discussion Administration Janitorial Services Discussion Public Works
Annual Creek Inspections Discussion Public Works
Homeless encampment solutions Discussion City Manager
Asset Essentials by Brightly Consent Public Works
Ring Central Master Services Agreement Consent City Manager Scramble Crosswalk Discussion Public Works
RFQ Interim Financing WWTP Administration Discussion Administration City Council protocols Discussion City Manager
Compensentation Study Discussion Administration
Budget to Actual Discussion Administration
Auditor RFP Consent Administration
Meeting Date Agenda Item Agenda Action
N/A
Agenda Item Agenda Action
January Comprehensive Annual Financial Report Discussion Administration January Brown Act Training City Attorney
February Measure A 5-Year Local Program of Projects Public Hearing Public Works February Mid-Year Budget Adjustments Administration
February (even
years)
Council Budget Goal Setting Public Workshop City Manager March Housing Element and LEAP Grant Annual Report Public Hearing Approve March SB1 RMRA project List Public Hearing Public Works March Investment Policy Annual Review Discussion Administration March Solvang Skytt Mesa LLMD Annual Assessment Public Hearing Public Works March FTA 5311 Grant Agreement Consent Approve
March TDA Grant Funding Consent Approve
May Preliminary Budget Administration
Oct/Jan/April/July Quarterly Financial Reports Discussion Administration June Two-Year Financial Plan Development or Supplemental Budget adoption
Discussion Administration
June Capital Improvement Program Discussion Public Works June/July Amend Appropriation Limit Public Hearing Adopt July AB 1600 Report Discussion Approve
November Stormwater Management Program Annual Report Consent Public Works December Appointment of Mayor pro tem Discussion City Clerk December Council selection of representatives to Committees and Agencies
Discussion City Clerk
December (even
years)
Appointment to Boards, Commissions, Committees Discussion City Clerk Council Requested Agenda Items
Annual Reports

CITY COUNCIL ADVANCE CALENDAR
35 April 24, 2023
Monday
Regular Meeting – 6:30 p.m.
6:30 PM REGULAR MEETING

CALL TO ORDER
Mayor Infanti called the meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.

ROLL CALL

Present: Mayor Mark Infanti; Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke and Claudia Orona
Staff: Interim City Manager Bradley Vidro, Assistant City Attorney Craig Steele, City Clerk Annamarie Porter, Administrative Services Director Wendy Berry, Supervisor Jenny McClurg

PLEDGE OF ALLEGIANCE
Councilmember Brown led in the Pledge of Allegiance.

PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None

PRESENTATIONS
a. Central Coast Community Energy Annual Presentation
Jeff Railsback, Central Coast Community Energy, narrated a PowerPoint presentation with details of the Central Coast Community Energy Annual report.

Councilmember Clarke mentioned previous promises by CCCE of rates decreasing and having 100% renewable energy by 2030 and asked about the sources of renewable energy.

Presenter Railsback noted their goal is to be competitive and believed CCCE will keep its promises.

Discussion followed regarding the possibility of expediting/accelerating the process of obtaining renewable energy, issues related to infrastructure and the location of current and for future storage facilities.

Tracy Beard, Chamber of Commerce, will set up a community workshop

1. PUBLIC COMMUNICATIONS ON NON-AGENDA AND CONSENT ITEMS Mayor Infanti reviewed the process for taking public communications and noted everyone will have two minutes to speak. Additionally, he requested changing the agenda; reported Item No. 6.a will be heard immediately after this item and stated City Council will then return to follow the rest of the agenda, as presented.

Mayor Infanti opened Public Communications.

MINUTES

SOLVANG CITY COUNCIL
36 Denise El Amin - WWTP Water Quality Project.

Dr. Cynthia Matthews – residents as ambassadors to the City.

Caroline Abate -civility and respectfulness.

Joanne Clark - fiscal responsibility.

Kerry McKiennen - compromise is the art of government.

Maria Bell - intolerance in the City.

Denise Adams - Santa Barbara County Sheriffs not providing protective services.

There were no other public comments.

City Council considered Item No. 6a at this time.

6.a. Discussion and possible action regarding the Rainbow House Inc. Streetlight banner application
Administrative Services Director Berry presented details of the staff report.

Mayor pro tem Elizabeth Orona noted this is the second time Council will be voting on this matter; reported that Council agreed (4-1) to bring back the item as only a banner application and pointed out it is governed by Banner Program Guidelines.

Mayor Infanti opened public comments on this item.

Those opposed:

Jessie Bengoa, Renee Condit, Robyn Clay, Damien Kriteman, Joanne Clark, Jim Worthen, Bobbi McGinnis, Sabine Ovesen, Kevin Serritsleu, Pete Thomsen, Greg H., Jerry Rounds, Jason Dewett, Nelda Martin, Hank Homburg, David Watts, Moira Gill, Rich Saferite.

Via Zoom: Dale Murnane, Colleen Estrada
Those in favor:

Kyle Cavalli, Christine Klukkert, Lee Rosenberg, Jill Goldworn, Meighan Dietenhofer, Alisa Bondurant, Aaron Crocker, Brittany Allen, Dr. Cynthia Matthews, Mary Beth Lee, Laura Ishikawa, Michelle LaMarche, Steve Cox, Maria Bell, Steve Bron, Erica Valdes, Elizabeth Walther, Jack Williams, Jeff Paaske, Joy Culley, Chris Bawyer, Laura Shires, Aria Vue Daugherty, Dennis Bales, Rebecca August, Via Zoom: Toni Bianco, Lydia, Arcelia Sencion, Ava Tally, Zachary Del Rio, Sheila Benedict, Mark Alvarez, Jules Bianco, Jake H., Vashti Wilson.

There were no other public comments.

Mayor pro tem Elizabeth Orona spoke about Council trying its best to listen and move forward; discussed services delivered to residents and visitors and noted the applicant has adjusted their application.

Councilmember Clarke spoke about receiving hateful emails; noted he has and is supporting the Pride Parade; reiterated his opposition to the banners and stated he represents the citizens of Solvang.

Councilmember Claudia Orona hoped the City can move forward on this item and spoke against making assumptions about people.

Councilmember Brown spoke about the community seeking a collective decision on individual rights and privileges; discussed emails he received in response to this matter; felt that accommodating this request would open the door for other groups to request the same; feared duplicating the Anheuser Busch fiasco and noted the decision will be the authority of the City.

Mayor Infanti claimed that the emails received from various officials have inaccurate statements regarding the City.
37 Motion by Mayor pro tem Elizabeth Orona, to approve the Rainbow House Inc. Streetlight banner application for 8 banners for 2 weeks, Design No. 2, seconded by Councilmember Claudia Orona, and carried 3-2, with Councilmember Brown and Clarke, opposed.

RECESS/RECONVENE
Mayor Infanti called for a recess at 8:47 p.m. The meeting was reconvened at 8:55 p.m.

City Council returned to consider Presentations at this time and followed the rest of the agenda, as presented.

2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Interim City Manager Vidro spoke about an upcoming event in relation to Public Works Month; announced an upcoming waterline project and traffic impacts on Friedensburg Canyon Way; and discussed items included in future agendas.

Brief discussion followed regarding the Planning Commission vacancy.

3. COUNCIL COMMENTS AND REQUESTS - None
Motion by Councilmember Clarke, to extend the meeting past 9:30 p.m., seconded by Councilmember Claudia Orona, and carried 3-2, with Councilmember Clarke and Claudia Orona, opposed.

4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes March 27, 2023, March 30, 2023, April 10, 2023 c. Adopt resolution No. 23-1215 establishing a monthly stipend for members of the Design Review Committee
d. Approve Amendment 7 to the Agreement with Meridian Consulting LLC to an expanded scope of Services to the Sixth Amendment for completion of the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents required for the USDA Grant Application, for the WWTP Water quality project; for the additional amount not to exceed $ 3,000 and authorize the Mayor to Execute on behalf of the City
e. Approve Quarterly Financial Reports
f. Receive and file Santa Barbara County Fire March 31, 2023 quarter reports Motion by Councilmember Claudia Orona, to approve the Consent Calendar, seconded by Mayor pro tem Elizabeth Orona, and carried 5-0.

5. PUBLIC HEARINGS - None

6. DISCUSSION ITEMS

6.a. Heard after Public Comment above.

6.b Discussion and possible action regarding Streetlight Banner Guidelines and Application Administrative Services Director Berry presented details of the report.

Discussion followed regarding banners by the Wilding Museum, the need to have clear policies, the 38 need to define “City-sponsored event”, approved versus new applicants and events funded through the City’s grant-funding policy.

Recreation Supervisor McClurg explained the list of current organizations that install banners in the City.

Mayor Infanti invited public comments.

Tracy Beard - flags/banners promote tourism from other organizations.

Dr. Cynthia Matthews - Santa Ynez Valley Pride not Rainbow House is the sponsor.

There were no other public comments.

Councilmember Brown suggested approving all City-owned banners and stated this program is not meant to be used as private advertisements but rather to promote the City and its commerce.

Mayor pro tem Elizabeth Orona mentioned the City has some approved banner designs from IDK and suggested they could be customized for specific events.

Mayor Infanti suggested that all banners be Solvang banners.

Discussion followed regarding taking input from the TAC and/or forwarding the item to the DRC.

Mayor Infanti invited Dr. Matthews to the podium.

Dr. Cynthia Matthews displayed her proposed version.

Discussion followed regarding received versus currently approved applications, directing staff to no longer receive applications and allowing a banner for Music in the Park.

Motion by Councilmember Brown, to no longer accept applications for banners, that the City display only City-owned banners as recommended by the DRC, seconded by Councilmember Clarke.

Mayor pro tem Elizabeth Orona spoke about choosing banner designs being a marketing function.

Substitute motion by Mayor pro tem Elizabeth Orona, to install only one banner per pole of the Solvang Red “Crown” banners and to direct staff to no longer accept banner applications, seconded by Mayor Infanti and carried 4-1, with Councilmember Clarke, opposed. c. Discussion and possible action regarding the Tourism Advisory Committee vacancy and to provide direction to Staff
Vashti Wilson read her letter of resignation from the Tourism Advisory Committee; spoke about transfer of the City’s Facebook page out of her name and reported an ad campaign was posted under her business account.

Mayor pro tem Elizabeth Orona noted that Council has still not received the results of an audit of The Abbi Agency; expressed disappointment with Ms. Wilson’s resignation and commented on challenges facing the TAC.

Mayor Infanti invited public comments.

Denise El Amin spoke about applying to the TAC.

Cheryl Shallenberger, Former Marketing Manager, reported the access she was given for the City’s Facebook page did not allow her to do anything but post and stated she had nothing to do with the ad campaign referred to by Ms. Wilson.
39 There were no other public comments.

Motion by Councilmember Clarke, to accept Vashti Wilson’s resignation from the TRC, seconded by Councilmember Brown, and carried 5-0.

Mayor Infanti suggested not giving direction to staff until after the joint City Council and TRC meeting.

City Council concurred with Mayor Infanti’s suggestion. b. Discussion and possible action on formation of an Ad Hoc Finance Subcommittee to review budget, investment, financing, and grant funding related issues Administrative Services Director Berry presented details of the report.

Brief discussion followed regarding the budget review process.

Mayor Infanti invited public comments.

Denise El Amin spoke in support.

There were no other public comments.

Mayor Infanti stated he spoke with Councilmember Brown, and he has agreed to serve with him on the Ad Hoc Finance Subcommittee.

Discussion followed regarding the grant funding policy, the application process, potential conflicts of interest and the committee’s scope of work.

Motion by Mayor Infanti, to approve formation of an Ad Hoc Finance Subcommittee to review budget, investment, financing, and grant funding related issues and comprised of Mayor Infanti and Councilmember Brown, seconded by Councilmember Clarke, and carried 5-0.

7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
Mayor pro tem Elizabeth Orona spoke favorably about visiting the Diablo Canyon PG&E Powerplant.

Mayor Infanti reported that he and Mayor pro tem Elizabeth Orona attended a recent SBCAG Training Program.

Councilmember Brown reported he will attend the Cal Cities District Area Dinner.

8. ADJOURNMENT
The meeting was adjourned at 11:12 p.m.

Respectfully submitted:

Annamarie Porter, City Clerk
40 May 8, 2023
Special Closed Session – 5:30 p.m.

Regular Meeting – 6:30 p.m.
5:30 PM SPECIAL CLOSED SESSION

CALL TO ORDER
Mayor Infanti called the meeting to order at 5:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.

ROLL CALL

Present: Mayor Mark Infanti, Councilmembers David Brown, Robert Clarke, Claudia Orona

Absent: Mayor pro tem Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter

PLEDGE OF ALLEGIANCE
Councilmember Brown led in the Pledge of Allegiance.

1. PUBLIC COMMUNICATIONS ON CLOSED SESSION
Denise El Amin asserted Council wants to get into real estate.

There were no other public comments.

2. RECESS TO CLOSED SESSION – 5:37 p.m.
a. CONFERENCE WITH LEAGAL COUNSEL – Existing Litigation – pursuant to Government Code Section 54956.9(d)(1)
Name of Case:

South Coast Property Company 13-B, LP v. City of Solvang; and Does 1 through 25, Case No. 22-cv-00254
RECONVENE TO OPEN SESSION – 6:04 p.m.

3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Attorney Fleishman announced there was no reportable action.

4. ADJOURNMENT
The meeting adjourned at 6:05 p.m.

MINUTES

SOLVANG CITY COUNCIL
41 6:30 PM REGULAR MEETING

CALL TO ORDER

ROLL CALL

Present: Mayor Mark Infanti, Councilmembers David Brown, Robert Clarke, Claudia Orona

Absent: Mayor pro tem Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, Public Works Director Rodger Olds, Planning Manager Sophia Checa, City Clerk Annamarie Porter

PLEDGE OF ALLEGIANCE
Councilmember C. Orona led in the Pledge of Allegiance.

PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS – None

PRESENTATIONS
a. 2022 Visit Santa Ynez Valley Annual Report
Shelby Sim, Visit Santa Ynez Valley (VSYV), narrated a PowerPoint presentation with the 2022 Visit Santa Ynez Valley annual report.

Discussion followed regarding B&Bs and vacation rentals, costs of mid-week coupons, the number of vacation rentals in the valley, listing Solvang events, the VSYV website, sharing data with the City, and VSYV demographics.

Mayor Infanti welcomed new City Manager Randy Murphy and thanked former Interim City Manager Brad Vidro for this service.

1. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Denise El Amin urged the City to stay out of the real estate game.

Sabine Ovesen spoke about finding solutions to problems instead of complaining.

Joanne Clark thanked City Council for ending the flag controversy.

Sheila Benedict, via Zoom, welcomed City Manager Murphy.

There were no other public comments.

2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy expressed his appreciation for the welcome he received; spoke about a meeting with the Office of Emergency Services; announced the League of Cities Annual Conference in Sacramento; urged Councilmembers to let him know if they are interested in attending and discussed an upcoming Special Joint meeting with the Tourism Advisory Committee.

3. COUNCIL COMMENTS AND REQUESTS
Councilmember Clarke announced the recent passing of Chris Hartman; listed his civic involvement and asked the public to keep his family in their thoughts and prayers. 42 4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve April 2023 accounts payable
c. Adopt Resolution No. 23-1216 a Resolution of the City of Solvang, California authorizing signatures to City Bank Accounts with Montecito Bank & Trust
d. Approve Amendment 5 to the Agreement with Mintier Harnish LP to complete the General Plan Update process and include analysis of a conceptual development of the 5.5-acre property at the northwest corner of Alamo Pintado and Old Mission Drive known as Site C, for the additional amount not to exceed $164,102.49 and to extend the term to June 30, 2024, and Authorize the Mayor to execute on behalf of the City.

Motion by Councilmember Brown, to approve the Consent Calendar, as presented, seconded by Councilmember Clarke, and carried 4-0, with Mayor pro tem Elizabeth Orona, absent.

5. PUBLIC HEARINGS - None

6. DISCUSSION ITEMS
a. Discussion and possible action to receive Planning Commissioner Rodriguez’s resignation and provide direction to Staff regarding Councilmember Brown’s appointment to the Planning Commission
Planning Manager Checa presented details of the report and discussed options for Council’s consideration.

Discussion followed regarding using the applications from the prior Planning Commission applicants.

Councilmember Brown appointed Scott Gold to the Planning Commission.

Mayor Infanti invited public comments on this item.

Denise El Amin spoke about submitting her name.

Motion by Councilmember Brown, to appoint Scott Gold to the Planning Commission, seconded by Councilmember Clarke, and carried 4-0, with Mayor pro tem Elizabeth Orona, absent. b. Discussion and possible action to Adopt Resolution No. 23-1217 a Resolution of the City Council of the City of Solvang, California initiating intention of the Annual Assessment for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-24 Public Works Director Olds narrated a PowerPoint presentation with details of the report.

Discussion followed regarding collecting the assessment with property taxes, creation of an HOA, plans for installing traffic signals on Mesa and Mission, the City’s responsibility for road repairs and maintenance.

Mayor Infanti invited public comments.

Denise El Amin objected to the assessment.

There were no other public comments.
43 Discussion followed regarding holding vendors accountable for their work.

Motion by Councilmember Clarke, to adopt Resolution No. 23-1217 a Resolution of the City Council of the City of Solvang, California initiating intention of the Annual Assessment for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-24, seconded by Councilmember Clarke, and carried 4-0, with Mayor pro tem Elizabeth Orona, absent.

7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
Councilmember Brown reported attending the recent League of Cities District meeting and an energy meeting.

Mayor Infanti announced the City of Solvang bought a table at the City of Buellton State of the City at and addressed items discussed as well as brick energy.

8. ADJOURNMENT
The meeting was adjourned at 7:45 p.m.

Respectfully submitted:

Annamarie Porter, City Clerk
44 CITY OF SOLVANG INVESTMENTS
April 2023
FUND FUND % OF
# FUND BALANCE TOTAL
100 GENERAL FUND $ 16,066,561.16 49.66%
200 GOVERNMENTAL IMPACT FEES $ 1,553,328.63 4.80%
201 TRAFFIC SAFETY $ 6,801.27 0.02%
202 GAS TAX FUND $ 304,467.03 0.94%
203 LOCAL TRANSPORTATION $ 462,507.16 1.43%
204 MEASURE A $ 1,317,892.53 4.07%
205 SKYTT MESA LLMD $ 485,748.10 1.50%
300 CAPITAL PROJECTS $ (1,397,962.44) -4.32%
500 WATER FUND $ 7,797,800.31 24.10%
501 WASTEWATER $ 2,535,571.22 7.84%
502 TRANSIT FUND $ 1,864,074.21 5.76%
600 EQUIPMENT/VEHICLE POOL $ 1,310,426.34 4.05%
700 TBID $ 43,956.69 0.14%
TOTALS $ 32,351,172.21 100%
Interest
Rate
LAIF BALANCE $ 27,581,262.74 2.870%
CHECKING ACCOUNTS $ 4,769,909.47
TOTALS $ 32,351,172.21
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1).
** Current investments meet expenditure requirements for the next six months. 45 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.d
Meeting Date: May 22, 2023
SUBJECT: Approve Amendment 2 to the Agreement with Carollo Engineers Inc. for an expanded scope of Services for Completion of a 500-Year Floodplain Study to Support USDA Grant Application, for the WWTP Water quality project, for the additional amount not to exceed $32,578, for the existing term to April 1, 2024, and authorize the Mayor to execute on behalf of the City
PREPARED BY: Jose Acosta, Utilities Director
DISCUSSION:

At the March 28, 2022 City Council meeting Council approved Carollo Engineers (Carollo) to be contracted as the consultant to assist the City with seeking possible grant opportunities for the Solvang Wastewater Treatment plant upgrades. At the November 28, 2022, meeting Council approved Amendment No.1 to the service agreement with Carollo for Grant Writing Services, this amendment was to compile, complete and submit a Preliminary Engineering Report (PER) for submittal with the USDA grant application. Carollo and City Staff have remained in continued communication with USDA regarding the requirements of the application. USDA notified Carollo and Staff that an updated 500- year floodplain study would need to be completed to confirm if the WWTP was in a compromising location for completion of the upgrades project.

To expedite and obtain the required competent staff Carollo obtained the services of Kasraie Consulting to compete the essential work for the flood plain study. The scope of work to allow the certified hydrologist to complete this task includes:

1. Field date collection and data review.

2. Hydrologic evaluation of the Santa Ynez River to establish new 100-year and 500-year discharges.

3. Hydraulic evaluation of the Santa Ynez River.

4. Create a 500-year flood evaluation report and map.

5. Project management and quality control.

The attached amendment number 2 outlines the additional work necessary to continue and complete the application of the USDA grant application. The costs for obtaining the services of Kasraie consultants and management of this collaborative effort by Carollo is $32,578.

ALTERNATIVES:

The City Council could not approve the amendment, delaying the completion of the submittal of a complete PER for the USDA grant application.

FISCAL IMPACT:

The fiscal impact would be an increase of $32,578 in the WWTP Capital Expense Budget to the WWTP Grant Writing Services project.

ATTACHMENTS:

A- Carollo Engineers Inc. Amendment 2 & Scope of Services 46 AMENDMENT NO. 2
to the Agreement with
CAROLLO ENGINEERS INC.

THIS 2ND AMENDMENT is made and entered into this 22nd day of May, 2023 between the CITY OF SOLVANG, a municipal corporation and Charter City (City) and CAROLLO ENGINEERS INC. a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the original Professional Services Agreement dated, April 15, 2022, the First Amendment dated November 28, 2022, this Second Amendment is for completion of the 500-Year Flood Plain Study to support the United States Department of Agriculture (USDA) grant application.

The scope of services and fees are described in the attached Exhibit 1.

All remaining portions of the original Professional Services Agreement shall remain in full force and effect.

CITY OF SOLVANG CAROLLO ENGINEERING INC.

Mark Infanti, City Mayor Jeff Weishaar, Vice-President
APPROVED AS TO FORM:

Dave Fleishman, City Attorney
ATTEST:

Annamarie Porter, City Clerk
Attachment A
47 5355 Mira Sorrento Place, Suite 270
San Diego, California 92121
P 858-505-1020
carollo.com
Project No / Floodplain Study Amendment.docx
March 20, 2023
Mr. Jose Acosta
Utilities Director
City of Solvang
1644 Oak Street
Solvang, CA 93463
Subject: Proposal for Floodplain Study to Support USDA Grant for WWTP Project Dear Mr Acosta,
Carollo Engineers, Inc. (Carollo) has been assisting the City of Solvang (City) in investigating grant and loan opportunities to support the needed upgrades for the wastewater treatment plant (WWTP). Recently, available grants through the United States Department of Agriculture (USDA) have been identified as the preferred funding source and the team has been working to complete the application. As part of the application process, USDA has informed us that a floodplain study, focusing on 100 and 500 year flood events, must be completed to identify any potential impacts to the treatment plant under flood conditions. This letter proposal outlines our scope and fee to complete the PER and submit to the USDA.

In order to expedite the work , Carollo has identified a preferred hydrologist to assist in completing the study. The scope of work includes the following:

1. Field Data Collection and Data Review:
a. Site visit and field review of Santa Ynez River
b. Review of USGS and County flow records for Santa Ynez River c. Review of Available FEMA studies and sources
d. Collection of available topography

2. Hydrologic Evaluation of Santa Ynez River to establish new 100-year and 500-year discharges a. Stream gauge data statistical evaluation/review
b. Establish hydrologic methodology based on data review c. Comparison to other flow sources such as 1973 FEMA Study (if available)

3. Hydraulic Evaluation of Santa Ynez River
a. Develop 1D Hydraulic Model of Santa Ynez River (HEC-RAS) b. Calibrate 100-Year Elevations for comparison and consistency with FEMA NFIP Results c. Create a 500-Year Simulation to establish required design flood elevation

4. Create 500-Year Flood Evaluation Report & Map

5. Project Management & QC
Schedule
The work has been implemented to expedite the work and submit the study to USDA. The work will be completed by May 2023.
48 Mr. Jose Acosta
Utilities Director
March 20, 2023

Page 2 ends

Fee
Our proposed fee to complete this work is $32,578. This includes a fee of $29,616 for the hydrologist, Kasraie Consulting, to complete the work as well as a 10% markup to manage the work. Kasraie Consulting’s proposal is included with this letter.

We appreciate the City’s consideration in approving this proposal and look forward to successfully completing the work to support the City’s grant efforts.

Sincerely,
CAROLLO ENGINEERS, INC.

Jeff Weishaar, P.E.

Vice President
JW:jw
Enclosures: Kasraie Consulting Proposal
cc: File
49

Page 1 ends

KASRAIE CONSULTING
3287 Island View Drive, Ventura, CA 93003
Phone: (805) 340-4744
Email: [email protected] | www.KasraieConsulting.com January 4, 2023
Jeff Weishaar, PE
Project Manager | Vice President
5355 Mira Sorrento Place, Suite 270
San Diego, CA 92121
[email protected]
(858) 754-5949
SUBJECT: Proposal – 500-Year Flood Elevation Solvang WWTP Dear Mr. Weishaar (Jeff):

It is with great pleasure that we submit our brief proposal to conduct 500-Year floodplain evaluation for the Santa Ynez River in the vicinity of the Waste Water Treatment Plant WWTP, please see Figure 1, the study location map below:

The purpose of the hydrologic and hydraulic evaluation of the Santa Ynez River is to establish 500-year flood elevations for the purpose of designing improvements to the WWTP in compliance with federal funding requirements.

Figure 1. Study Limit along Santa Ynez River Near Solvang, CA WWTP
Location
Estimated Study
Limits
Solvang
50

Page 2 ends

SCOPE OF WORK
The scope of work will consist of the following:
1) Field Data Collection and Data Review:
a) Site visit and field review of Santa Ynez River
b) Review of USGS and County flow records for Santa Ynez River c) Review of Available FEMA studies and sources
d) Collection of available topography
2) Hydrologic Evaluation of Santa Ynez River to establish new 100-year and 500-year discharges
a) Stream gauge data statistical evaluation/review
b) Establish hydrologic methodology based on data review c) Comparison to other flow sources such as 1973 FEMA Study (if available) 3) Hydraulic Evaluation of Santa Ynez River
a) Develop 1D Hydraulic Model of Santa Ynez River (HEC-RAS) b) Calibrate 100-Year Elevations for comparison and consistency with FEMA NFIP Results
c) Create a 500-Year Simulation to establish required design flood elevation 4) Create 500-Year Flood Evaluation Report
5) Project Management & QC

REQUIRED INFORMATION BY THE CLIENT
It is assumed that the client and/or the design team will provide:
- Access to the property to review hydraulic conditions of Santa Ynez River - Available topography, grading plan, or other relevant engineering data specific to the WWTP or local data for Santa Ynez River
- Coordination with the City of Solvang as required

FUTURE TASKS EXCLUSIONS
The proposed scope and fee schedule do not include floodplain development or watercourse permit applications, application fees or review fees.

The proposal does not include a schedule or budget for reviewing and responding to comments by third parties or reviewing agencies. A separate proposal or agreement for time and material reimbursement will be provided if additional services are required.

FEE & TIME SCHEDULE
The fee for the proposed study includes time for the above technical scope of work, 2 meetings, quality control, and project management. The proposed fee for the project is estimated to be $29,616 as summarized in Table 1.
51

Page 3 ends

It is anticipated that our work will be completed within 4 weeks following notice to proceed.

CLOSING
Thank you again for giving us the opportunity to be of assistance. Please do not hesitate to call or email with any questions or comments you might have. I may be reached at (805) 340-4744.

Sincerely,
__________________
Hassan Kasraie, PE
President/Principal
Task No. Description Principal Senior Civil
Engineer
Water
Resource
Engineer
Subtotal Fee
Billing Rates $217 $170 $150
1 Field Data Collection and Data Review 6 2 20 $4,642
2 New Hydrology & Hydrologic Analysis 2 6 40 $7,454
3 New Hydraulic Analysis (HEC-RAS) 4 4 40 $7,548
4 500-Year Flood Evaluation Report & Map 4 8 30 $6,728
5 Project Management, Meetings, QC 12 2 2 $3,244
28 22 132 $29,616
Table 1. Fee Schedule
Total
52 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.e
Meeting Date: May 22, 2023
SUBJECT: Approve the First Amendment to the Agreement with Stiletto Marketing for revised scope of work for Tourism Marketing services for a new total not to exceed $38,600, and to extend the term to December 31, 2023, and authorize the City Manager to execute on behalf of the City PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

As discussed at the joint Council/TAC meeting, the Council has previously approved an agreement with Stiletto Marketing (attached) to provide tourism marketing content while the City recruits new Marketing staff and/or agency. Given the fact that the new City Manager will not have adequate time to do all of this before the end of June, staff requested direction from the Council and TAC regarding the tourism marketing contracts. Stiletto Marketing is interested in amending the agreement and staff sought a recommendation from the joint body to approve the six-month extension for an additional $3000 per month plus an additional amount for advertising for a total not-to-exceed amount of $38,600, inclusive of the original agreement. The joint body’s decision is unknown at the time of writing this staff report and will be further discussed as needed.

ALTERNATIVES:

The Council could not make the requested recommendation or modify it for a shorter term. However, as noted above, staff capacity is limited and the additional time to make any necessary adjustments would help alleviate any concerns. Also, the agreement provides for a 10-day cancellation notice should another option present itself prior to the end of the year.

FISCAL IMPACT:

Expenses will be included in FY23/24 Marketing budget.

ATTACHMENTS:

Stiletto Marketing original contract; Amendment #1
53 AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT WITH
ANNA FERGUSON dba STILETTO MARKETING
THIS FIRST AMENDMENT, is made and entered into this 22th day of May, 2023, between the CITY OF SOLVANG, a municipal corporation and charter City, hereinafter referred to as “City” and ANNA FERGUSON dba STILETTO MARKETING, an individual, hereinafter referred to as “Consultant”. In consideration of the mutual covenants and conditions set forth in the original Agreement dated April 25, 2023; the parties agree to the additional scope of services as Exhibit “A” :attached hereto and incorporated herein, and additional fees in the amount of $33,000, for a new total not to exceed $38,600, as in the attached Exhibit “B” attached hereto and incorporated herein and to extend the term to December 31, 2023.

All remaining portions of the original Agreement and any prior amendments shall remain in full force and effect.

CITY OF SOLVANG ANNA FERGUSON
dba STILETTO MARKETING
Anna Ferguson
Date:

Randy Murphy, City Manager
Date:

APPROVED AS TO FORM:

Dave Fleishman, City Attorney
54 EXHIBIT “A”

REVISED SCOPE OF SERVICES
Scope of Work – SolvangUSA (Tourism function):

On a monthly basis, Consultant will:
• Write, edit (with direction from City Manager and/or staff), and distribute any press announcements which might need to go out during a particular month, either full length press releases, brief media alerts, or pitches.
o Releases or pitches will be pushed out to local, near-regional, far-regional outlets, as well as appropriate national / industry publications, outlets, and contacts, with exact distribution audience to be determined by content of finalized, written work. o Work includes creating and/or editing and distributing the press release(s) or pitch(es), as well as any necessary correspondence with press/media/writers surrounding the announcement(s)*.
* Coordination of any resulting media visit requests falls within this work. • Conduct general media pitching and media outreach which is not necessarily tied to a specific press release or announcement; this would entail ongoing outreach to various editors, writers, outlets, and so forth.
• Field and respond to inbound media/PR requests for further information, photos, or possible media visits.
• Schedule, compile, and run through any one-off media itineraries and associated visits, or group / FAM tours of the destination and surrounding area.
• Pitch, plan and coordinate press / media / influencer stays or property visits, and/or any media preview events for new initiatives or events.
• Review HARO queries on a regular basis and subsequently pitch in response to any appropriate media queries, and conduct journalist follow-up.
• Conduct initial review of appropriate editorial calendars to determine a more precise pitching schedule for the upcoming months.
• Attend regular meetings with Solvang Marketing Manager and/or appropriate City staff or Committees to keep up-to-date on Solvang happenings, brainstorming, upcoming media visit briefing, etc.
• Regularly converse with Solvang Chamber of Commerce to align marketing efforts and to support the Solvang business community, as necessary.
• Coordinate photo / video shoots, if necessary, for editorial or social media use. o Professional-quality, high-resolution photos are required to submit along with any and all associated press releases, media alerts, or pitches.
• Provide brief, monthly wrap-up report with status of editorial coverage; new ideas discussed during prior month and any existing implementation game-plan; reminders about upcoming/impending media visits.
o Reports to include any accessible media valuation numbers and/or stats for prior month. 55 • Act as the interim media/PR liaison with other regional and statewide DMOs including Visit Santa Ynez Valley, Visit Santa Barbara, Central Coast Tourism Council, and Visit California, as well as local Chambers of Commerce, to align Solvang efforts with peers and to alert them to Solvang initiatives for potential media pitching opportunities. • Work regularly with SolvangUSA social media team(s) to offer links to news coverage, copy that has been created, or other ideas for use in posts.
• Communicate regularly with Solvang Visitors Center staff / management as to VC trends, visitor numbers/stats, concerns, visitation feedback.
• Attend regular meetings of the Solvang City Council, in person or via Zoom, as well as Solvang Tourism Advisory Committee meetings, during the term of this contract.

Proposed / Potential Timeline for May through December 2023 Work POTENTIAL DELIVERABLE(S):

Early-May 2023 Press Release
• Summer Travel stories and Events (May through September), to possibly include:
o Santa Barbara Wine Country Half Marathon (May 13, 2023) o Solvang Chamber of Commerce Music in the Park (starts late-June) o SYV Pride Parade and Festival (June 24, 2023)
o Fourth of July (July 4, 2023)
o Solvang Danish Days (September 15-17, 2023)
o Other events, milestones, business anniversaries, museum exhibits, openings, etc. • Content and format of early-May press release to be discussed with City staff and/or Committees prior to creation and distribution.
• As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.

Two (2) May / June Pitches (not tied to Early-May 2023 Press Release) • Two (2) separate pitches (two different story angles) will be pitched out during this Contract term, with the goal of securing media coverage either through in-person media visits or without media visitation to research for potential stories.
• Exact angles and pitch content to be discussed / determined through discussions with City management or staff, or Committees, as necessary.

July 2023 Press Release
• Solvang Julefest ‘23-‘24 (preliminary press release for Nov / Dec / Jan 2024 event) • Content and format of July / initial Solvang Julefest press release to be discussed with City staff and/or Committees prior to creation and distribution.
• As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.

August 2023 Press Release
• Fall Travel Stories and Events (Sept / Oct / Nov / Dec / Jan 2024), to possibly include:
o Solvang Danish Days (reminder about September 15-17 event) o Hispanic Heritage Celebration (late-September)
o Various Car Shows scheduled for fall months
o SYV Scarecrow Fest, Solvang Farmer Pumpkin Patch, Haunted House (October) o Solvang Julefest (reminder and follow-up, any new event details as necessary) 56 • Content and format of August press release to be discussed with City staff and/or Committees prior to creation and distribution.
• As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.

September 2023 Press Release
• “What’s New” in Solvang and “What’s on the Horizon for 2024,” to possibly include:
o Any new / Q1 2024 events scheduled
o Opened-in-2023 or revamped / expanded Solvang businesses or activities, plus expected openings for 2024 (e.g., Draughtsmen Aleworks, Solvang Skate Shop, Brød & Kage, The Hadsten hotel, Aebleskivehuset, Drover’s Doughnuts, peasants DELI’s arcade, and so on…) • Content and format of September press release to be discussed with City staff and/or Committees prior to creation and distribution.
• As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.

October 2023 Press Release
• Solvang Julefest (follow-up press release, as necessary, for 2023-2024 event) • Content and format of follow-up Solvang Julefest press releases to be discussed with City staff and/or Committees prior to creation and distribution.
• As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.

November into December 2023 Press Release(s)
• Solvang Julefest (follow-up press releases, as necessary, for Nov / Dec / Jan 2024 event) • Content and format of follow-up Solvang Julefest press releases to be discussed with City staff and/or Committees prior to creation and distribution.
• As part of this deliverable, any associated media valuation reports or stats will be presented to and/or handed over to the City prior to termination of Contract period.

Media Support and Pitching – ONGOING, through December 2023 • Any necessary support of media efforts by Solvang businesses, nonprofits, or other institutions, such as art exhibits and openings at the various museums, as an example. • General media pitching and media outreach which is not necessarily tied to a specific press release or announcement; ongoing outreach to gauge any interest in the destination, either individually or as a whole along a “theme” (e.g., California Central Coast road trips, Europe-inAmerica, etc.) 57 EXHIBIT “B”

COMPENSATION FOR SERVICES
SOLVANG TOURISM MONTHLY RETAINER FEE – JULY 1, 2023 THROUGH DECEMBER 31, 2023 • $3,000 per month (to include use of specific CISION components for media tasks**) ** CISION is an expensive investment, and the time it would take to set up a City-owned account would not be conducive to productivity given the short term of this contract. Consultant’s plan is to utilize existing CISION subscription, but turn over to the City all data or reports specific to SolvangUSA work, upon project or contract termination.

RECOMMENDED PAID ADVERTISING AND MEDIA EXPENSE BUDGET – JULY 1, 2023 THROUGH DECEMBER 31, 2023
• $15,000.00 (July 1, 2023 through December 31, 2023)
o Paid advertising and/or media hosting funds, which would allow for approximately $2,500.00 per month of any additional, agreed-upon expenses which might arise. Any unused funds would roll over to the following month. Funds would be used for any paid advertising initiatives which might present themselves as opportunities, either social media spend, print or digital ad space or co-ops, or travel or hosting expenses for specific media visits/contacts. (Travel expenses such as gas or airfare, Solvang hotel costs, meals, etc., when contact is not hosted by local hotels, restaurants, or other businesses or activities.) 58 Anna Ferguson dba Stiletto Marketing 1

CITY OF SOLVANG

SHORT-FORM SERVICES AGREEMENT
($35,000 OR LESS)

2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit “A” which are hereby incorporated as though fully set forth herein.

3. SCOPE OF SERVICES. Consultant shall provide to City the services as described in Exhibit “B”.

4. TERM. The term of this Agreement shall be from April 25, 2023, through June 30, 2023, unless earlier terminated as set forth in the attached Terms and Conditions.

Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate.
$2,000,000 per occurrence/$4,000,000 aggregate.

Automobile Liability: Waived
$1,000,000 combined single limit for bodily injury and property damage.

Workers’ Compensation: Waived
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease and a waiver of subrogation in favor of the City.

Professional Liability (Errors and Omissions): Waived
Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim.

7. GENERAL TERMS
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement or document. All exhibits identified in this Agreement are incorporated into the DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 59 Anna Ferguson dba Stiletto Marketing 2
Agreement by this reference. In the event of any conflict between the terms of this Agreement and the terms of an exhibit, the terms of this Agreement shall control. Notwithstanding the foregoing sentence, the provisions of Section 5 of Exhibit A to this Agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in any other exhibit to this Agreement, even if such exhibit purports to affect the provisions of Section 5 of Exhibit A.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF SOLVANG CONTRACTOR
ANNA FERGUSON dba STILETTO MARKETING
By: By:

Brad Vidro, Interim City Manager Anna Ferguson
Date: Date:

APPROVED AS TO FORM
Richards, Watson & Gershon
By:

Chelsea O’Sullivan, Assistant City Attorney
Date:

ATTEST:
_______________________________
Annamarie Porter, City Clerk
DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 4/25/2023
4/30/2023 4/25/2023
60 A-1
EXHIBIT “A”

TERMS AND CONDITIONS

1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit “C”, within 30 days of completion of the
Work and approval by the City.

4. Insurance. The Consultant shall take out and
maintain, during the performance of all work under
this Agreement: A. Commercial General Liability
Insurance in the amounts specified in Section 6 of the
Agreement for bodily injury, personal injury and
property damage, at least as broad as Insurance
Services Office Commercial General Liability
coverage (Occurrence Form CG 0001), and if no
amount is selected in Section 6 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B. If automobiles
are used in providing the services, Automobile
Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned
and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as
broad as Insurance Services Office Form Number CA
0001 (ed. 10/13) covering automobile liability, Code 1
(any auto); C. Workers’ Compensation in compliance
with applicable statutory requirements and Employer's
Liability Coverage of at least $1,000,000 per accident
or disease, and D. Professional Liability (Errors and
Omissions) coverage, if checked in section 6 of the
Agreement, written on an “occurrence” basis with a
limit not less than $1,000,000 per claim and which
shall be endorsed to include contractual liability. If
Consultant is unable to obtain coverage on an
occurrence basis, Consultant shall procure and pay
for appropriate tail coverage for a minimum of three
years following completion of the Scope of Services to
cover any errors or omissions occurring during the
Term. Insurance carriers shall be authorized by the
Department of Insurance, State of California, to do
business in California and maintain an agent for
process within the state. Such insurance carrier shall
have not less than an "A"; "Class VII" according to the latest Best Key Rating unless otherwise approved by
the City. The policies required under subsections A
and B shall be endorsed to include additional insureds
as follows: The City of Solvang and its Elected and
Appointed Officials, Officers, Employees, Agents,
and Volunteers. Consultant shall also submit to the
City a waiver of subrogation endorsement in favor of
the City on all policies where such endorsement is
commercially available.

5. Indemnification. To the fullest extent permitted by
law (including, but not limited to California Civil Code Sections 2782, 2782.8 and 2783), the Consultant
shall defend, indemnify and hold harmless the City, its Council, members of the Council, agents, officials,
officers, volunteers, and employees of the City,
against any and all claims, liabilities, demands,
expenses, costs and financial loss, or damages,
including reasonable attorneys’ fees, that arise
directly or indirectly from any acts or omissions
related to this Agreement performed by Consultant or
its agents, employees, subcontractors,
subconsultants, consultants, or other persons/entities
acting on Consultant’s behalf. This includes claims
for injury or death of any person, or damage to
property, or interference with use of property, or any
claim of the Consultant or subcontractor for wages or
benefits which arise in connection with the
performance of this Agreement, except to the extent
caused or resulting from the sole negligence or willful misconduct of the City, its Council, members of the
Council, agents and employees of the City.

7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 61 A-2
all original field notes, drawings and specifications,
written reports and other documents produced or
developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.

Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.

Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City’s interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
services performed under this Agreement and
Consultant’s or Consultant’s clients’ interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney’s
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney’s fees costs and
expenses and any attorneys’ fees or costs incurred on
appeal of any judgment.

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 62 B-1
EXHIBIT “B”

SCOPE OF SERVICES
Scope of Work – SolvangUSA:

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 63 C-1
 Provide brief, monthly wrap-up report with status of editorial coverage; new ideas discussed during prior month and any existing implementation game-plan; reminders about upcoming/impending media visits.
o Reports to include any accessible media valuation numbers and/or stats for prior month.
 Act as the interim media/PR liaison with other regional and statewide DMOs including Visit Santa Ynez Valley, Central Coast Tourism Council, Visit Santa Barbara, and Visit California, as well as local Chambers of Commerce, to align Solvang efforts with peers and to alert them to Solvang initiatives for potential media pitching opportunities.  Work regularly with SolvangUSA social media team(s) to offer links to news coverage, copy that has been created, or other ideas for use in posts.  Communicate regularly with Solvang Visitors Center staff / management as to VC trends, visitor numbers/stats, concerns, visitation feedback.
 Attend regular meetings of the Solvang City Council, in person or via Zoom, as well as Solvang Tourism Advisory Committee meetings, during the term of this contract.

Proposed / Potential Timeline for May / June 2023 Work
DELIVERABLE(S):

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 64 C-1
EXHIBIT “C”

Consultant’s plan is to utilize existing CISION subscription, but turn over to the City all data or reports specific to SolvangUSA work, upon project or contract termination.

DocuSign Envelope ID: 5F8864F9-9F6E-4A83-AFD9-A0ECC4D1A95B 65 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.f
Meeting Date: May 22, 2023
SUBJECT: Approve the First Amendment to the Agreement with Islett Agency for additional Tourism Marketing services to create a Marketing Facebook page for a new total not to exceed $35,000, and to extend the term to December 31, 2023, and authorize the City Manager to execute on behalf of the City.

PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

As discussed at the joint Council/TAC meeting, the Council has previously approved an agreement with Islett Agency (attached) to provide tourism marketing content while the City recruits new Marketing staff and/or agency. Given the fact that the new City Manager will not have adequate time to do all of this before the end of June, staff requested direction from the Council and TAC regarding the tourism marketing contracts. Islett is interested in amending the agreement and staff sought a recommendation from the joint body to approve the six-month extension for an additional $3800 per month for a total notto-exceed amount of $35,000, inclusive of the original agreement. The joint body’s decision is unknown at the time of writing this staff report and will be further discussed as needed.

ALTERNATIVES:

FISCAL IMPACT:

Expenses will be included in FY23/24 Marketing budget.

ATTACHMENTS:

Islett Agency original contract; Amendment #1
66 AMENDMENT NO. 1

TO THE PROFESSIONAL SERVICES AGREEMENT WITH

ISLETT AGENCY INC
THIS FIRST AMENDMENT, is made and entered into this 22th day of May, 2023, between the CITY OF SOLVANG, a municipal corporation and charter City, hereinafter referred to as “City” and ISLETT AGENCY INC, a California Corporation, hereinafter referred to as “Consultant”. In consideration of the mutual covenants and conditions set forth in the original Agreement dated April 13, 2023; the parties agree to the additional scope of services as defined below, to amend the amount not to exceed to $35,000 and to extend the term to December 31, 2023. $150 setup fee to start a new Marketing Facebook page to include:
• Complete profile information
• Logo and cover image
• Connecting Instagram account to new Facebook page
• Meta Business Suite setup
• Proper admin permissions for marketing and city officials All remaining portions of the original Agreement and any prior amendments shall remain in full force and effect.

CITY OF SOLVANG ISLETT AGENCY INC
Liana Cabrera, CEO
Date:

Randy Murphy, City Manager
Date:

APPROVED AS TO FORM:

Dave Fleishman, City Attorney
67 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C

SOLVANG

CITY OF SOLVANG

SHORT-FORM SERVICES AGREEMENT
($35,000 OR LESS)

2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A" which are hereby incorporated as though fully set forth herein.

3. SCOPE OF SERVICES. Consultant shall provide to City the services as described in Exhibit "B".

4. TERM. The term of this Agreement shall be from April 13, 2023 through June 30, 2023, unless earlier terminated as set forth in the attached Terms and Conditions.

Commercial General Liability Insurance:
[gJ $1,000,000 per occurrence/$2,000,000 aggregate.

D $2,000,000 per occurrence/$4,000,000 aggregate.

Automobile Liability:
[gJ $1,000,000 combined single limit for bodily injury and property damage.

7. GENERAL TERMS
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement or document. All exhibits identified in this Agreement are incorporated into the Agreement by this reference. In the event of any conflict between the terms of this Agreement and the lslett Agency Inc 1
68 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C terms of an exhibit, the terms of this Agreement shall control. Notwithstanding the foregoing sentence, the provisions of Section 5 of Exhibit A to this Agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in any other exhibit to this Agreement, even if such exhibit purports to affect the provisions of Section 5 of Exhibit A.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF SOLVANG
By G.�:0&�
Brad Vidro, Interim City Manager
Date:
4/21/2023

APPROVED AS TO FORM
Richards, Watson & Gershon
By:

Date:

Chelsea O'Sullivan, Assistant City Attorney
4/21/2023
ATTEST:

Annamarie Porter, City Clerk
lslett Agency Inc

CONTRACTOR

ISLETT AGENCY INC
By:

Date:

Liana Cabrera, CEO
4/22/2023
2 69
DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C EXHIBIT "A"

TERMS AND CONDITIONS

1. Compensation. Consultant shall be paid on a time
and materials or lump sum basis, as may be set forth
in Exhibit "C", within 30 days of completion of the
Work and approval by the City.

7. Termination. The City may terminate or abandon
any portion or all of the Work by giving 10 calendar
days written notice to Consultant. In such event, the
City shall be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or
70 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C developed for the Work. The City shall pay
Consultant the reasonable value of any portion of the
Work completed prior to termination. The City shall
not be liable for any costs other than the charges or
portions thereof which are specified herein.

Consultant shall not be entitled to payment for
unperformed Work and shall not be entitled to
damages or compensation for termination of work.

Failure of either City or Consultant to enforce at any
time, or from time to time, any provision of this
Agreement, shall not be construed as a waiver of
such provision or breach. Consultant shall promptly
inform City of any contract, agreement, arrangement,
or interest that Consultant may enter into or have
during the performance of this Agreement that may
conflict with City's interests. This requirement
includes contracts, agreements and arrangements
with manufacturers, suppliers, contractors or other
clients whose interests might be served by the
A-2
services performed under this Agreement and
Consultant's or Consultant's clients' interest in land
that might be affected by the services. Consultant
shall take such measures as are necessary in the
performance of this Agreement to prevent actual or
appearances of conflicts of interest. Consultant and
City agree that in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to
enforce its rights under this Agreement (whether in
contract, tort or both) or seeks a declaration of any
rights or obligations under this Agreement, the
prevailing party will be awarded reasonable attorney's
fees, together with any costs and expenses, to
resolve the dispute and to enforce any judgment,
including post judgment attorney's fees costs and
expenses and any attorneys' fees or costs incurred on
appeal of any judgment.
71 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C EXHIBIT "B"

SCOPE OF SERVICES

SOCIAL MEDIA MARKETING PACKAGE
EXECUTION:
• a team of three [3) dedicated social media experts
• content strategy outlining upcoming holidays and marketing initiatives • optimize social media platforms
• bi-weekly editorial calendars with one [1) round of revisions • custom hashtag development
STRATEGY:
• custom social media marketing strategy, including recommendations on account refresh, translating the brand aesthetic and voice to social media
ADMIN:
• 30-minute weekly strategy and touch base session with your islett team of experts • attend and present report at City Council meetings
REPORTING:
• weekly + monthly report with key takeaways
COMMUNITY MANAGEMENT [M-F]:
• engage with comments on posts
• engage with tagged posts
• engage with geotagged posts
• respond to direct messages
PLATFORMS:
• lnstagram
• Facebook
• TikTok
FREQUENCY:
• 15 posts/month
• repost tagged lnstagram Stories [M-F]
CONTENT [without content package]:
• source and curate visitor posts
• source and curate relevant Solvang business content
B-1
72 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C EXHIBIT "C"

COMPENSATION FOR SERVICES
SOCIAL MEDIA MARKETING PACKAGE: $3,800 per month
C-1
73 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C ACORD" CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
4/20/2023
CURAAGE-01 ABARRON
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER CONTACT
NAME:

AP lntego Insurance Group, LLC PHONE I FAX
1601 Trapelo Rd Suite 280 (A/C, No, Ext): (A/C, No):

Long Beach, CA 90814
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

CERTIFICATE HOLDER CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
I �
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
74 DocuSign Envelope ID: 1 C69440D-B0E7-4EF4-BFB7-D61661785D5C

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

1. Bankruptcy

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit

3. Financial Responsibility Laws

4. Legal Action Against Us

5. Separation Of Insureds

6. Representations

7. Other Insurance

CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.g
Meeting Date: May 22, 2023
SUBJECT: Adopt Resolution No. 23-1219 Appointing Bond Counsel for Wastewater Improvements in connection with a United States Department of Agriculture (USDA) Rural Development loan, Authorizing and Directing Certain Actions with respect thereto; and
Approve an agreement with Richards, Gershon & Watson for Bond Counsel Services in the amount not to exceed $40,850 for the term May 22, 2023 - until terminated and authorize the City Manager to execute on behalf of the City.

PREPARED BY: Wendy Berry, Director of Administrative Services DISCUSSION:

The City is seeking funding through the United States Department of Agriculture (USDA) Rural Development Department for the Wastewater Treatment Plant (WWTP) Upgrade project. If the City meets all the requirements for funding approval, this project will qualify for 40% grant funding and then the City will secure a low interest loan through USDA for the remainder of the costs.

While it is premature to assume we will need a bond, one of the USDA requirements is to secure bond counsel for interim financing if it becomes necessary. USDA requires a Bond Counsel firm who has successfully completed bond closings with USDA Rural Development or to be nationally recognized.

Our current legal counsel’s firm, Richard, Watson and Gershon is on the USDA Community Programs Municipal Bond Counsel’s list.

Bond counsel is necessary to review the proceedings for the issuance and sale of bonds, prepare all resolutions, legal documents, closing documents (including all appropriate certificates and receipts), and other documents relating to the issuance and sale of the bonds, however the cost for Bond Counsel will not be implemented until the project is finalized.

Interim financing is necessary because the Wastewater Fund does not have enough funds to cover the cost of construction for the WWTP upgrade project. A rate study was completed in June 2022 with an increase in rates implemented in July 2022. Rates will be increasing annually for the next 4 years.

ALTERNATIVES:

No alternatives
FISCAL IMPACT:

The cost of Bond Counsel is $40,850.00.

ATTACHMENTS:

A. Resolution 23-1219
B. Community Programs Municipal Bond Counsel List
C. RWG Bond Counsel Agreement and Proposal Letter
76 RESOLUTION NO. 23-1219

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG

APPOINTING BOND COUNSEL FOR WASTEWATER IMPROVEMENTS IN

CONNECTION WITH A UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) RURAL DEVELOPMENT LOAN, AUTHORIZING AND DIRECTING

CERTAIN ACTIONS WITH RESPECT THERETO
WHEREAS, the City of Solvang is applying for financing through the USDA Rural Development to fund wastewater improvements; and
WHEREAS, the USDA grant funding application process requires retaining Bond Counsel to secure interim financing for the wastewater improvements, if it becomes necessary; and
WHEREAS, Richard, Watson and Gershon is recognized by USDA Rural Development who have successfully completed bond closings with USDA Rural Development or are nationally recognized; and
WHEREAS, applying for financing is necessary because the Wastewater Fund does not have enough funds to cover the wastewater improvements; and WHEREAS, Bond counsel will review the proceedings for issuance and sale of bonds and prepare all resolutions, legal documents, closing documents and any other documents related to the issuance and sale of bonds, if needed.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the firm Richard, Watson and Gershon are hereby appointed as bond counsel and employed to do all legal services required in the process.

SECTION 2. That this Resolution is effective immediately upon adoption.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 22nd day of May, 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 77 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1219 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 22nd day of May, 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Annamarie Porter, City Clerk
78 COMMUNITY PROGRAMS MUNICIPAL BOND COUNSELS
Below is a listing of firms who have completed bond closings with USDA Rural Development or are nationally-recognized. There are many nationally-recognized bond counsels in California you may choose from other than the ones on this list that have sufficient experience to close USDA bonds.

Jones Hall
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Contact:

Phone: 415-391-5780
Fax: 415-276-2088
Meyers Nave
555 12th Street, Suite 1500
Oakland, CA 94607
Contact:

Phone: 510-808-2000
Fax: 510-444-1108
Stradling, Yocca, Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Contact:

Phone: 949-725-4000
Fax: 949-725-4100
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
Contact:

Phone: 213-626-8484
Fax: 213-626-0078
Best, Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
Contact:

Phone: 619-525-1300
Fax: 619-233-6118
Sidley Austin LLP
555 California Street, Suite 2000
San Francisco, CA 94104-1715
Contact:

Phone: 415-772-1200
Fax: 415-772-7400
Kronick, Moskovitz, Tiedmann & Girard
400 Capitol Mall, 27th Floor
Sacramento, CA 95814
Contact:

Phone: 916-321-4500
Fax: 916-321-4555
Quint & Thimmig LLP
900 Larkspur Landing Circle, Suite 270
Larkspur, CA 94939-1726
Contact:

Phone: 415-925-4200
Fax: 415-925-4201
Nossaman LLP
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017
Contact:

Phone: 213-612-7800
Fax: 213-612-7801
Hawkins, Delafield & Wood LLP
Contact: John Pirog
1415 L St, Suite 1180, Sacramento, CA 95814
Phone: 916-326-5204, [email protected]
One Embarcadero Center, Suite 3820
San Francisco, CA 94111
Phone: 415-486-4200
Fax: 415-397-1513
Orrick, Herrington & Sutcliffe LLP
400 Capitol Mall, Suite 3000
Sacramento, CA 95814-4497
Contact:

Phone: 916-329-7980
Fax: 916-329-4900
Lozano Smith
One Capitol Mall, Suite 640
Sacramento, CA 95814
Contact: Dan Maruccia, Partner
Phone: 916-329-7433
Fax: 916-329-9050
Revised 02/01/17
Attachment B
79 CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE. This Agreement is made and entered into this 22nd day of June, 2023 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and RICHARDS, WATSON & GERSHON, , a California Professional Corporation with its principal place of business at 350 South Grand Avenue, 37th Floor, Los Angeles, CA 90071 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1.0 GENERAL PROVISIONS

1.01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.

1.02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the abovereferenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.

However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.

1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.

1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $40,850., unless and until this Agreement is amended as provided herein.
80 1.05 Billing/Payment Terms. All charges for Consultant’s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by the City Manager prior to payment.

2.0 OBLIGATIONS OF CONTRACTOR

2.01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.

2.02 Avoidance of Conflict of Interest.
(a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Consultant’s services under this Agreement. (b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement.
(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection (d). _____ (Initials).
(d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None_____________________

2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
81 2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’s employees or agents.

2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of 82 this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’s services or the termination of this Agreement.

2.06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.

3.0 OBLIGATIONS OF CITY

3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.

4.0 TERMINATION OF AGREEMENT

4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.

4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the contract to which Consultant’s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.

4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.
83 4.04 Termination: This agreement shall terminate upon completion of services, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.

5.0 SPECIAL PROVISIONS

5.01 Additional Tasks as May Be Assigned by the City Manager: Prior to initiating any Consultant work on matters relating to the purposes of this Agreement, but outside the Scope of Services for this Agreement, it shall be the responsibility of Consultant to obtain written approval of the City Manager, prior to initiation of such tasks.

5.02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

5.03 Work Outside Contract Scope: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the City Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the City Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

5.04 Confidentiality:
(a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City.

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential.
(b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. (c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons.

Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
(d) Survival. Consultant’s obligations under this paragraph shall survive the termination of this contract.

6.0 MISCELLANEOUS
84 6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Dave Fleishman, City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO CONSULTANT: Richards, Watson & Gershon
Craig Steele, CEO
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071

6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.

6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.

6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.

6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.

6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

6.07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written 85 understanding shall be of any force or effect with respect to those matters covered hereunder.

This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.

6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.

6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.

6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.

6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.

6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.

6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.

6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.

6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.
86 6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.

6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

IN WITNESS WHEREOF, the parties have executed this contract on the following date.

CITY OF SOLVANG CONTRACTOR
RICHARDS, WATSON & GERSHON.

By: By:

Randy Murphy, City Manager Craig Steele, CEO
Date: Date:

APPROVED AS TO FORM
Richards, Watson & Gershon
By:

Dave Fleishman, City Attorney
Date:

ATTEST:
_______________________________
Annamarie Porter, City Clerk
87 EXHIBIT A

SCOPE OF WORK,

FEE SCHEDULE
&

PROJECT SCHEDULE
88 March 22, 2023

VIA ELECTRONIC MAIL

WENDY BERRY

ADMINISTRATIVE SERVICES DIRECTOR
1644 OAK STREET
SOLVANG, CA 93463
Re: Bond Counsel Fee Proposal -
Dear Ms. Berry:

This letter sets forth our fee proposal to provide legal services to the City of Solvang as bond counsel in connection with the issuance of bonds to finance wastewater improvements in connection with a USDA loan.

We will attend meetings of the governing body relating to, or considering approval of, the bond issuance and assist staff with any reports or presentations in connection therewith. We will also conduct the tax analysis necessary to determine whether the interest on the bonds is taxable or tax-exempt under federal and/or state laws and regulations. As bond counsel, we will also provide our approving legal opinion regarding the bonds at closing and all other services customarily provided by bond counsel. At the completion of the transaction, we will prepare the transcripts of the bond financing.

For our bond counsel services on the proposed issuance (which may include one or two series to comply with applicable federal tax laws), our fee will be a composite hourly rate of $352 per hour, subject to the fee caps shown in the table below. In the event that our total bond counsel fees for the issuance end up being less than the fee caps, we would charge the lesser amount. Our fees may be paid from proceeds of the bonds or, in the event the proceedings to issue the bonds are abandoned, from other available City funds.

Our services as bond counsel will include a review of the proceedings for the issuance and sale of bonds and the preparation of all resolutions, legal documents, closing documents (including all appropriate certificates and receipts), and other documents relating to the issuance and sale of the bonds.

Attachment C
89 Bond Counsel
Fees for Legal Services $352 per hour, subject to a fee cap of $40,000 Out-of-Pocket Expenses Actual costs incurred, subject to an expense cap of $850 In light of recent legal authorities issued by the California courts, the California Fair Political Practices Commission, and the California Attorney General, we are not proposing a fee that is contingent upon the successful issuance or closing of the bonds, because we are concerned that a contingent fee for these services would create a conflicting financial interest that could affect the validity and enforceability of the bonds.

In addition to our fees, we would be reimbursed for our out-of-pocket expenses in accordance with the City’s Fee Agreement with our firm, dated December 21, 2020. Expected reimbursable out-of-pocket expenses for bond counsel services include duplication and printing costs, telecommunications, travel, and transcript preparation and distribution. We propose to cap our expense reimbursements in connection with our bond counsel services at the respective amounts shown in the table above.

If you have any questions or comments regarding this fee proposal, please don’t hesitate to contact me. If this fee proposal is acceptable, kindly please acknowledge the City’s acceptance of this proposal by executing below and returning a copy of the executed fee proposal.

We appreciate the opportunity to work with you again.

Very truly yours,
Lolly A. Enriquez
Agreed and Accepted:

CITY OF SOLVANG
By:______________________________
Name: ___________________________
Title: ____________________________
cc: David Fleishman, Esq.
90 EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.

Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement 91 or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. Consultant’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

6. All coverage types and limits required are subject to approval, reasonable modification and reasonable additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.

10. Consultant agrees to require that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 92 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Consultant agrees to be responsible for ensuring that no contract used between itself and its subconsultants reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
93 CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.a
Meeting Date: May 22, 2023
SUBJECT: Public Hearing to Consider Adoption of Resolution 23-1218 Confirming and Levying Assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-24 PREPARED BY: Rodger A. Olds – Public Works Director/City Engineer DISCUSSION:

The City Council adopted the Tentative Vesting Map for the Skytt Mesa Project on May 27, 2003. Per Condition No. 50 of that 169-lot subdivision, the applicant was required to establish a Landscape and Lighting Maintenance District (LLMD) prior to the recordation of the first phase final map. Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 was established in November 2004 and must now be evaluated annually for any changes.

The City has retained Francisco & Associates to prepare the annual Engineer’s Report for the Solvang Mesa LLMD. The Engineer’s Report outlines the estimated LLMD operations and maintenance budget for the 169-lot single-family residential subdivision, establishes the boundaries of the District, determines the method for spreading the annual maintenance costs to each single-family residential parcel, and determines the maximum annual assessment that can be levied on each parcel.

Since the formation of the LLMD in 2004, there have been six years, including last year, in which the assessment remained unchanged, and one year in which the assessment was reduced slightly. During the other years the assessment was increased as necessary based on increases in the cost of services, and to maintain adequate reserves. Last year, staff recommended no increase in the assessed amount for FY 22-23 in light of continued and uncertain rising cost of living. A modest increase of 5-percent in the assessment is recommended for FY 23-24 in order to keep pace with increased costs for services and utilities while keeping the reserves in good financial standing. This increase will result in the annual assessment of $1,360.80 per parcel.

The number of single family residential (SFR) parcels included in the Final Maps for Phases 1, 2, 3 and 4 are 38, 46, 39 and 46 respectively. Each of the 169 SFR parcels benefit equally from the landscaping and street lighting improvements, and a portion of the entryway and detention basin improvements.

Therefore, it is proposed that the $229,925.20 in assessment revenue needed to operate, maintain and service the landscaping and lighting improvements be spread equally among the 169 SFR parcels, or $1,360.80 per parcel.

A nominal increase of 5-percent of the annual costs for the maintenance costs was assumed in the preparation of the engineer’s report. Assuming this increase is realized due to increased water rates and required maintenance, a small reduction in the accumulation of reserves for FY 23-24 is expected.

A proposed capital project to install two additional streetlights on Skytt Mesa Drive has been designed by PG&E and is anticipated to be under construction by the end of the summer.

The City Council approved Resolution No. 23-1217 on May 8, 2023 initiating the intention for the annual assessment. The resolution also set the Public Hearing for today, May 22nd; however, staff was unable to meet the deadline, set by the local newspaper, to publicly advertise the public hearing in advance of this meeting. Staff recommends opening the public hearing with no Council discussion, receiving comments, then continuing this Public Hearing until the regularly scheduled City Council meeting of June 12th. At that meeting, the Public Hearing can be reconvened, any additional public comment heard, and Council can then close the Public Hearing and make a decision accordingly. The Public Hearing and subsequent approval of the attached Draft Resolution completes the City’s part of approving the annual assessment process.
94 ALTERNATIVES:

The City of Solvang could choose to not increase the assessment for FY 23-24 or increase the assessment for FY 23-24 by a greater amount to cover the full estimated maintenance cost and incidental costs in order to eliminate potential operational costs impacts to the reserve funds for the LLMD.

FISCAL IMPACT:

There is no fiscal impact to the City. The Solvang (Skytt) Mesa LLMD will fund the annual operation and maintenance of the landscaping and lighting improvements, which have now been fully constructed for the Development as outlined in the conditions of approval for the project. The assessment District will be funded through the levy of a special assessment, collected on the Santa Barbara County’s property tax rolls for the 169 lots of the subdivision as outlined in the required Engineer’s Report.

ATTACHMENTS:

1. FY 2023-24 Final Engineer’s Report for LLMD 2004-1

2. Draft Resolution

3. Public Comment
95 Solvang Mesa Landscape & Lighting
Maintenance District No. 2004-1
Fiscal Year 2023-24
Final Engineer’s Report
May 22, 2023
Prepared by
96 TABLE OF CONTENTS
Page No.

City Directory....................................................................................................................ii Signatures .......................................................................................................................iii Section I – Introduction.................................................................................................... 1 Section II – Engineer’s Report......................................................................................... 2 Part A – Plans and Specifications.............................................................................. 4 Part B – Estimate of Cost........................................................................................... 5 Table 1: Fiscal Year 2023-24 Estimate of Cost ............................................ 6 Part C – Assessment District Diagram....................................................................... 8 Part D – Method of Apportionment of Assessment .................................................. 10 Part E – Property Owner List & Assessment Roll .................................................... 13 Appendix A – Fiscal Year 2023-24 Assessment Roll ................................................... A-1 97 CITY OF SOLVANG

SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT No. 2004-1
FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF
Mark Infanti
Mayor
Elizabeth Orona
Mayor Pro Tem
David Brown
Council Member
Claudia Orona
Council Member
Robert Clarke
Council Member
Brad Vidro, P.E
Interim City Manager
Annamarie Porter
City Clerk
Rodger Olds
Public Works Director
Francisco & Associates
Assessment Engineer
98 ENGINEER’S REPORT

CITY OF SOLVANG

SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT No. 2004-1
FISCAL YEAR 2023-24
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.

Dated: May 10, 2023
___________________________
Eduardo R. Espinoza, P. E.

R.C.E. No. 83709
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with me on the _____ day of , 2023.

Annamarie Porter, City Clerk
City of Solvang
Santa Barbara County, California
By_______________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved, and confirmed by the Council of the City of Solvang, Santa Barbara County, California, on the day of , 2023.

Annamarie Porter, City Clerk
City of Solvang
Santa Barbara County, California
By________________________________
99 SECTION I

INTRODUCTION
As required by the Landscape & Lighting Act of 1972, this Engineer’s Report describes the improvements which can be constructed, operated, maintained, and serviced by the District, provides an estimate of cost for Fiscal Year 2023-24, lists the maximum assessments that can be levied upon each assessable lot or parcel of land within the District and lists the Fiscal Year 2023-24 assessments that are to be levied upon each assessable lot or parcel of land within the District.

In addition to complying with the provisions of the Landscape & Lighting Act of 1972, the Solvang City Council complied with the provisions of Proposition 218 which was approved by the California voters on November 5, 1996. Proposition 218, entitled “Right to Vote on Taxes Act”, added Articles XIIIC and XIIID to the California Constitution. This Proposition established new procedural requirements for the formation and administration of assessment districts. In order to comply with these requirements, the City of Solvang implemented the following procedures:

1. Every property owner subject to the proposed assessment was mailed a ballot allowing the property owner to vote on whether to form and levy assessments within the District. The ballots were accompanied by a public notice describing the total assessment, the individual property owner’s assessment, the reason for the assessment, and the general basis upon which the assessment was calculated.

2. The Solvang City Council held a Public Hearing on November 8, 2004 to provide an opportunity for any interested person to be heard. After the close of the public input portion of the public hearing, the City Council directed City staff to tabulate the assessment ballots. All the ballots received were in favor of forming the assessment district. The City Council subsequently adopted a resolution forming the assessment district and authorizing the levy of assessments. 100

SECTION II
ENGINEER’S REPORT PREPARED PURSUANT

TO THE PROVISIONS OF
LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT No. 2004-1
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Initiation and Intention, being Resolution No. 23-1217, adopted by the City Council of the City of Solvang on May 8, 2023, I, Eduardo R.

Espinoza, P.E. the duly appointed Engineer of Work, Assessment Engineer for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 (“District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in the District. Plans and specifications for the improvements are as set forth on the list thereof, attached hereto, and are on file in the Office of the City Clerk of the City of Solvang, and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith. The estimate is as set forth on the lists thereof, attached hereto, and is on file in the Office of the City Clerk of the City of Solvang.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the City Clerk of the City of Solvang. 101
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Santa Barbara County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the District. The Assessment Roll is as set forth on the lists thereof, attached hereto, and is on file in the Office of the City Clerk of the City of Solvang. The Assessment roll is keyed to the records of the Santa Barbara County Assessor, which are incorporated herein by reference.
102
PART A

PLANS AND SPECIFICATIONS
The landscape improvements which can be constructed, operated, maintained, and serviced by the District generally include, but are not limited to, trees, bushes, plants, turf, irrigation systems including electrical meters, hardscapes, entry features, and appurtenant improvements as required to provide an aesthetically pleasing environment throughout the District. These landscape improvements were constructed as a condition of development and are generally located within the City’s right-of-way, within City easements, and within City open space areas.

The street lighting improvements which can be constructed, operated, maintained, and serviced by the District generally include, but are not limited to, poles, fixtures, bulbs, conduits, pull boxes, equipment, including guys, anchors, posts, pedestals and metering devices, and appurtenant improvements as required to provide safe lighting within the boundaries of the District.

The detention basin improvements that can be constructed, operated, maintained, and serviced by the District generally include graded slopes, fencing, outlet and overflow structures, retaining walls and the detention basin itself.

The plans and specifications for the improvements are on file in the Office of the City Clerk of the City of Solvang.
103
PART B

ESTIMATE OF COST
The 1972 Act provides that the total cost of construction, operation, maintenance and servicing of landscape and lighting improvements can be recovered by the District.

The costs to construct, operate, maintain, and service the landscape and lighting improvements include, but are not limited to, personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the landscape and lighting improvements to be properly operated, maintained, and serviced to City standards.

Maintenance means the furnishing of services, materials and supplies for the ordinary and usual operations, maintenance and servicing of the landscaping, lighting, and appurtenant improvements, including the repair, removal or replacement of all or part of any of the landscaping, street lighting or appurtenant improvements; including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.

Servicing means the furnishing of water for the irrigation of the landscaping improvements and the furnishing of electric current or energy for the operation of streetlights, irrigation controllers or other appurtenant improvements.

Below is a summary of the improvements which will be operated, maintained, and serviced by the assessment district.
1) Landscaped parkways throughout the project;
2) Landscaping within the right of way of Chalk Hill Road along the frontage of the project;
3) Landscaping in designated open space areas shown on the vesting tentative map and landscaped parkway;
4) Landscaping in the Caltrans right of way, adjacent to the project; 5) Irrigation systems throughout all maintained landscaped areas; 6) Annual fire abatement of grasses and other vegetation management in unfenced portions of the No Development Zone (individual lot owners shall be responsible for such annual fire abatement and vegetation management within those portions of the No Development Zone enclosed by a fence); 7) Maintenance of slopes of Lots 1-3, 7-9, 14, 93-97 and 158-166, if permitted by property owners;
8) Entrance signage and landscaping;
9) Street lighting, conduits, and appurtenant hardware; and 10)Landscaping within the detention basin at Hans Christian Anderson Park shall be perpetually maintained.
104
The construction, operation, maintenance, and servicing costs for Fiscal Year 2023-24 are summarized below.

REVENUES
Projected Beginning Fund Balance (07/01/2023) $400,149.04 Anticipated Fiscal Year 2023-24 Assessment Levy $229,975.20 Total Revenues Available $630,124.24

MAINTENANCE COSTS
Water (irrigation) $88,580.00
Backflow Prevention $3,000.00
Irrigation Power (PG&E) $600.00
Street Light Power (PG&E) (24 lights) $3,500.00
Estimated Repairs and Replacement $21,000.00
Special Projects $7,000.00
Detention Basin Maintenance $6,500.00
Open Space/Landscaping Maintenance $92,000.00
Subtotal Maintenance Cost $222,180.00

INCIDENTAL COSTS
Administration (City) $12,000.00
Engineer's Report and Related Documents $5,000.00
County Collection Charges $200.00
Subtotal Incidental Costs $17,200.00

RESERVES
Operating Reserves 1 $119,690.00
Capital Reserves 1 $271,054.24
Projected Ending Fund Balance (06/30/2024) $390,744.24
Total Costs $630,124.24

DISTRICT INFORMATION
Total No. of Proposed Assessable Single Family Parcels 169 Maximum Assessment per Proposed Single Family Parcel 2 $3,259.00 Fiscal Year 2023-24 Collection per Proposed Single Family Parcel $1,360.80 NOTES:
(1) Recommended minimum reserve amount is $332,992 (Operating and Capital). Operating reserves are needed for future fiscal years because the City does not receive assessment revenue from the County until January, therefore it's necessary to have an operating reserve fund to cover 6 months of cashflow from July 1 through December 31 each fiscal year. Therefore, for Fiscal Year 2023-24, $119,690 is needed for operating reserves [($222,180+$17,200) x 0.50 = $119,690].

In addition, Capital reserves are used to replace capital facilities in the event of failure, damage, vandalism or when they reach their useful life expectancy. The estimated cost to replace the capital facilities in Fiscal Year 2023-24 dollars is $853,207. Since it is unlikely that all capital facilities will need to be replaced in the same year it is estimated that at least 25% of the replacement cost, or at minimum $213,302 be budgeted and available for capital reserves. (2) The maximum assessment per parcel may increase 5% each fiscal year.

TABLE NO. 1
FISCAL YEAR 2023-24 ESTIMATE OF COST
SOLVANG MESA LANDSCAPE & LIGHTING MAINTENANCE DISTRICT NO. 2004-1 105
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. Any balance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and/or operating reserves.
106
PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the Solvang Mesa Landscape and Lighting Maintenance District No. 2004-1 are shown on the reduced map on the following page. For the particulars of the lines and dimensions for each Assessor Parcel Number, please refer to the Assessor Parcel Maps located at the Santa Barbara County Assessor office for the year in which this Report was prepared.
107

ASSESSMENT DIAGRAM
(SOLVANG MESA LANDSCAPE & LIGHTING
MAINTENANCE DISTRICT NO. 2004-1)

CITY OF SOLVANG, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA ;: 14

NOT TO SCALE
LEGEND
169 LOT NUMBER

LOT BOUNDARY DISTRICT

BOUNDARY
:J5
19 25
18 28 � ss
17 27
IIJ 28
Ill so 29
"'4o9I42
8/S 1()4 105
! 10:S 106
87 102 107
,o, 108
a, 119 98
gs /U 9/1
124
11S 114
112 116
� 111 118
110 117
711 76
1:Jtl
,s,
77 REFERENCE IS HEREBY MADE TO THE MAPS OF RECORD IN THE

OFFICE OF THE ASSESSOR OF THE COUNTY OF SANTA BARBARA

FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF

ANY PARCEL', SHOWN HEREIN, WHICH MAFS SHALL GOVERN FOR
ALL DETAII.S CONCERNING THE LINES AND DIMENSIONS OF SUCH PARCEL5.
108
PART D

METHOD OF APPORTIONMENT OF ASSESSMENT

GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements, which include the operation, maintenance and servicing of landscaping and lighting improvements.

Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to special benefit, rather than according to assessed value. This Section states:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.

The determination of whether a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 50000)) [of the Streets and Highways Code, State of California].”
In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property.

The Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement” (Sec. 22574). Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Article XIIID provided that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities. 109

LANDSCAPING/OPEN SPACE BENEFIT DETERMINATION
Trees, landscaping, hardscaping, open space, and appurtenant facilities, if well maintained, provide beautification, shade, and enhancement of the desirability of the properties within the boundaries of the District. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard, it is stated:
"... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly. Indeed, in most cases where public money has been spent for parkways, the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..."
It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway. One hundred percent of the benefits resulting from the landscape and open space improvements are a direct and special benefit to the properties within the District. Therefore, there are no general benefits and 100% of the annual cost to operate and maintain the landscape and open space improvements is assessed to the properties within the boundaries of the District.

STREET LIGHTING BENEFIT DETERMINATION
The proper functioning of street lighting is imperative for the welfare and safety of the property owners throughout the District. The annual operation, maintenance and servicing of the District’s street lighting system benefits the properties within the District by providing increased illumination for ingress and egress, safe traveling at night, improved security, and protection of property. One hundred percent of the benefits resulting from the street lighting improvements are a direct and special benefit to the properties within the District. Therefore, there are no general benefits and 100% of the annual cost to operate and maintain the street lighting improvements is assessed to the properties within the boundaries of the District.

GENERAL & SPECIAL BENEFIT
There are no General Benefits associated with street lighting, landscaping, and open space improvements within the Solvang Mesa Landscape & Lighting District. All the street lighting, landscaping and open space improvements directly benefit and are a special benefit to the properties within the Solvang Mesa Landscape & Lighting District. 110

ASSESSMENT METHODOLOGY
Each single-family residential parcel will benefit equally from the construction, operation, maintenance and servicing of the landscaping and street lighting improvements.

Therefore, the total assessment revenue needed to construct, operate, maintain and service the landscaping and street lighting improvements will be spread equally to each proposed single family residential parcel.

Phase I through IV landscaping and street lighting improvements and the entire development’s (Phase I through IV) entryway and detention basin improvements have been completed and turned over to the City for annual maintenance. Each of the 169 single-family residential parcels located in Phases I thru IV will benefit from the landscaping and street lighting improvements and their pro-rata share of the entryway and detention basin improvements. Therefore, it is proposed that $229,975.20 in assessment revenue is needed from the 169 single-family residential parcels located in the District, or $1,360.80 per parcel to cover these costs. 111
PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
Appendix A includes a listing of the Assessor parcels located within the boundaries of the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 that will be assessed in Fiscal Year 2023-24. The maximum assessment rate in Fiscal Year 2023- 24 that could be charged is $3,259.00 per single-family residential unit. In each subsequent fiscal year, the maximum annual assessment rate for each single-family residential unit may be increased 5%.

The total proposed assessment for Fiscal Year 2023-24 is $229,975.20. 112
FISCAL YEAR 2023-24 ASSESSMENT ROLL
(In Assessor Parcel Number Order)
113
City of Solvang
Solvang Mesa Landscape & Lighting
Maintenance District No. 2004-1

ASSESSMENT ROLL
FISCAL YEAR 2023-24

APPENDIX A
Assessor's
Parcel
Number
Assessment
Amount
137-730-001 $1,360.80
137-730-002 $1,360.80
137-730-003 $1,360.80
137-730-004 $1,360.80
137-730-005 $1,360.80
137-730-006 $1,360.80
137-730-007 $1,360.80
137-730-008 $1,360.80
137-730-009 $1,360.80
137-730-010 $1,360.80
137-730-011 $1,360.80
137-730-012 $1,360.80
137-730-013 $1,360.80
137-730-014 $1,360.80
137-730-015 $1,360.80
137-730-016 $1,360.80
137-730-017 $1,360.80
137-730-018 $1,360.80
137-730-019 $1,360.80
137-730-020 $1,360.80
137-730-021 $1,360.80
137-730-022 $1,360.80
137-730-023 $1,360.80
137-730-024 $1,360.80
137-730-025 $1,360.80
137-730-026 $1,360.80
137-730-027 $1,360.80
137-730-028 $1,360.80
137-730-029 $1,360.80
137-730-030 $1,360.80
137-730-031 $1,360.80
137-730-032 $1,360.80
137-730-033 $1,360.80
137-730-034 $1,360.80
137-730-035 $1,360.80
137-730-036 $1,360.80
137-730-037 $1,360.80
137-730-038 $1,360.80
137-740-001 $1,360.80
137-740-002 $1,360.80
137-740-003 $1,360.80
137-740-004 $1,360.80
137-740-005 $1,360.80
137-740-006 $1,360.80
137-740-007 $1,360.80
137-740-008 $1,360.80
137-740-009 $1,360.80
137-740-010 $1,360.80
137-740-011 $1,360.80
137-740-012 $1,360.80
137-740-013 $1,360.80
137-740-014 $1,360.80
Assessor's
Parcel
Number
Assessment
Amount
137-740-015 $1,360.80
137-740-016 $1,360.80
137-740-017 $1,360.80
137-740-018 $1,360.80
137-740-019 $1,360.80
137-740-020 $1,360.80
137-740-021 $1,360.80
137-740-022 $1,360.80
137-740-023 $1,360.80
137-750-001 $1,360.80
137-750-002 $1,360.80
137-750-003 $1,360.80
137-750-004 $1,360.80
137-750-005 $1,360.80
137-750-006 $1,360.80
137-750-007 $1,360.80
137-750-008 $1,360.80
137-750-009 $1,360.80
137-750-010 $1,360.80
137-750-011 $1,360.80
137-750-012 $1,360.80
137-750-013 $1,360.80
137-750-014 $1,360.80
137-750-015 $1,360.80
137-760-001 $1,360.80
137-760-002 $1,360.80
137-760-003 $1,360.80
137-760-004 $1,360.80
137-760-005 $1,360.80
137-760-006 $1,360.80
137-760-007 $1,360.80
137-760-008 $1,360.80
137-770-001 $1,360.80
137-770-002 $1,360.80
137-770-003 $1,360.80
137-770-004 $1,360.80
137-770-005 $1,360.80
137-770-006 $1,360.80
137-770-007 $1,360.80
137-770-008 $1,360.80
137-770-009 $1,360.80
137-770-010 $1,360.80
137-770-011 $1,360.80
137-770-012 $1,360.80
137-770-013 $1,360.80
137-770-014 $1,360.80
137-770-015 $1,360.80
137-770-016 $1,360.80
137-770-017 $1,360.80
137-770-018 $1,360.80
137-770-019 $1,360.80
137-770-020 $1,360.80
Assessor's
Parcel
Number
Assessment
Amount
137-770-021 $1,360.80
137-770-022 $1,360.80
137-770-023 $1,360.80
137-770-024 $1,360.80
137-780-001 $1,360.80
137-780-002 $1,360.80
137-780-003 $1,360.80
137-780-004 $1,360.80
137-780-005 $1,360.80
137-780-006 $1,360.80
137-780-007 $1,360.80
137-780-008 $1,360.80
137-780-009 $1,360.80
137-780-010 $1,360.80
137-780-011 $1,360.80
137-780-012 $1,360.80
137-780-013 $1,360.80
137-780-014 $1,360.80
137-780-015 $1,360.80
137-800-001 $1,360.80
137-800-002 $1,360.80
137-800-003 $1,360.80
137-800-004 $1,360.80
137-800-005 $1,360.80
137-800-006 $1,360.80
137-800-007 $1,360.80
137-800-008 $1,360.80
137-800-009 $1,360.80
137-800-010 $1,360.80
137-800-011 $1,360.80
137-800-012 $1,360.80
137-800-013 $1,360.80
137-800-014 $1,360.80
137-800-015 $1,360.80
137-800-016 $1,360.80
137-800-017 $1,360.80
137-800-018 $1,360.80
137-800-019 $1,360.80
137-800-020 $1,360.80
137-800-021 $1,360.80
137-800-022 $1,360.80
137-800-023 $1,360.80
137-800-024 $1,360.80
137-800-025 $1,360.80
137-800-026 $1,360.80
137-800-027 $1,360.80
137-800-028 $1,360.80
137-800-029 $1,360.80
137-800-030 $1,360.80
137-800-031 $1,360.80
137-800-032 $1,360.80
137-800-033 $1,360.80
04/27/23 2 A -
The County Auditor only accepts amounts divisable by two, therefore the amount may differ from the approved rate due to rounding. 114
City of Solvang
Solvang Mesa Landscape & Lighting
Maintenance District No. 2004-1

ASSESSMENT ROLL
FISCAL YEAR 2023-24

APPENDIX A
Assessor's
Parcel
Number
Assessment
Amount
137-800-034 $1,360.80
137-800-035 $1,360.80
137-800-036 $1,360.80
137-800-037 $1,360.80
137-800-038 $1,360.80
137-800-039 $1,360.80
137-800-040 $1,360.80
137-800-041 $1,360.80
137-800-042 $1,360.80
137-800-043 $1,360.80
137-800-044 $1,360.80
137-800-045 $1,360.80
137-800-046 $1,360.80
Total Parcels: 169
$229,975.20
Total
Assessment:
04/27/23 3 A -
The County Auditor only accepts amounts divisable by two, therefore the amount may differ from the approved rate due to rounding. 115
RESOLUTION 23-1218

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG

CALIFORNIA CONFIRMING AND LEVYING ASSESSMENTS FOR

SOLVANG MESA LANDSCAPE & LIGHTING MAINTENANCE DISTRICT
NO. 2004-1 FOR FISCAL YEAR 2023-24
WHEREAS, the City Council has initiated proceedings for the levy of a Landscape and Lighting Maintenance District pursuant to the terms and provisions of the Landscaping and Lighting Act of 1972, Streets and Highway Code sections 22000 and following, and Proposition 218 and its implementing legislation, in a District known and designated as Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1; and WHEREAS, Section 22585 of the California Streets and Highways Code require the City Council to adopt a resolution generally describing any changes to an existing assessment district; and
WHEREAS, Section 22585 further requires that the City Council order the preparation of an annual Preliminary Engineer’s Report for submission to the legislative body, and the City Council has ordered the preparation of an Engineer’s Report, which was prepared and filed with the City Council pursuant to law, which report was received and considered; and WHEREAS, the City Council has held a public hearing after notice published in a manner required by law and after all persons were afforded the opportunity to speak and be heard and the City Council considered all public input, and all written protests submitted and not withdrawn, and at which the City Council determined that no majority protest exists with regard to the proposed assessments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City of Solvang hereby confirms the assessment diagram and assessment roll set forth in the Engineer’s Report, a copy of which is hereby attached and incorporated herein by reference, for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 pursuant to Streets and Highways Code sections 22500 et seq., commonly known as the “Landscaping and Lighting Act of 1972”.

SECTION 2. The City of Solvang hereby authorizes the levy and collection of assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-

24. SECTION 3. The City of Solvang hereby directs the County Auditor-Controller to place the direct charge levies in the amount of $1,360.80 per parcel on the applicable tax roll.

SECTION 4. The improvements shall consist of street lighting, landscaping, landscape irrigation systems, storm drain detention basin and other open space improvements as described in the conditions of approval for the Solvang (Skytt) Mesa subdivision.

SECTION 5. A full and detailed description of the improvements, boundaries of the assessment district and any zone therein, and the assessments upon assessable lots and parcels of land with the district are included in the Final Engineer’s Report on file with the City Clerk.

SECTION 6. That this Resolution is effective immediately upon adoption. 116
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 12th day of June, 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 117

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1218 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 12th day of June, 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
118

BLUE FOLDER ITEM
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.

Item 5.a
City Council Meeting
May 22, 2023
Public Hearing to Consider Adoption of Resolution 23-1218 Confirming and Levying Assessments for the Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 for Fiscal Year 2023-24

PUBLIC COMMENT RECEIVED

1. Email received 5/19/23 - #1

2. Email received 5/19/23 - #2
119
Rodger Olds
From: Gregory Millikan
Sent: Friday, May 19, 2023 12:54 PM
To: City Clerk
Cc: Rodger Olds
Subject: RE: May 22 Regular Mtg - Agenda Item Sa, Solvang Mesa LLMD Caution! This message was sent from outside your organization.

Dear Council,
Allow sender I Block sender
I am a Skytt Mesa resident. I've reviewed the materials for May 22, 2023 Agenda Item Sa (Re Solvang Mesa LLMD). I offer the following written comments (similar to what I provided for the May 8 Regular Meeting Agenda Item 6b):
• The proposed 5% increase ($10,951.20 aggregate) corresponds to the anticipated $10,580 increase in Water ($4,S80) and Repairs and Replacement ($6,000). These seem to be reasonable estimates. • The Engineer's Report mirrors prior year Reports and offers no surprises. • The anticipated capital reserve amount of $271,0S4.24 is certainly sufficient, and probably not excessive. A portion will be used to complete the special lighting project approved by the Council in November, 2020. That project is to install two street lights to illuminate Skytt Mesa Drive from Hwy 246 up toward Petersen. Rodger Olds advised me that he anticipates PG&E will be under construction by the end of the Summer, as the Report now states, and will finish by December or so. We'll hope so! Based on the foregoing, I have no objection to the treatment of Agenda Item Sa as proposed by Staff and no objection to the Council's approval in due time of the proposed Resolution for Agenda Item Sa.

Kind regards,
Greg Millikan
1 120
Rodger Olds
From:

Sent:

To:

Cc:

Annamarie Porter
Friday, May 19, 2023 8:28 AM
Rodger Olds
Randy Murphy
Subject: FW: Skytt Mesa neglect
Rodger, this should come forward as a blue folder.

From: Denise
Sent: Friday, May 19, 2023 7:37 AM
To: Public City Council Group <[email protected]> Subject: Fwd: Skytt Mesa neglect
Caution! This message was sent from outside your organization.

Sent from my iPhone
Begin forwarded message:

From: Denise
Date: May 19, 2023 at 7:36:06 AM PDT
To: Randy Murphy <[email protected]>, Rodger Olds <[email protected]> Subject: Sl<ytt Mesa neglect
Good morning Randy:

Per our conversation in your office on May 8th, 2023, I advised you about the damage that was done to my fence due to neglect. Per the BrightView contract the company is supposed to check the sprinkler systems in Skytt Mesa quarterly. I notified Rodger regarding this problem in March 2023, per Rodger he wants everything sent to his phone not his email so I sent pictures and advised Rodger that there was a major problem with my LLMD owned sprinklers and they where damaging my fence. I was forced to become my own LLMD advocate due to the lack of supervision of BrightView contract and accountability in Skytt Mesa.

I have requested that my fence be repaired. My fence is discolored due to neglect by the contractors and needs to be repaired immediately.

Regards,
Denise El Amin
1 121
2 122
3 123
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4 124

CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.b
Meeting Date: May 22, 2023
SUBJECT: Introduce for First Reading by Title Only Ordinance No. 23-0366 An Ordinance of the City Council of the City of Solvang, California, Amending Title 11 of the Solvang Municipal Code to Conform Solar Energy System Permitting Requirements to State Law and Make a Determination of Exemption under the California Environmental Quality Act (CEQA) PREPARED BY: Chelsea O’Sullivan, Assistant City Attorney Sophia Checa, Planning Manager
DISCUSSION:

The Solvang Municipal Code, Section 11-12-13(A) currently requires a major conditional use permit for all solar energy projects in the TRC Tourist Commercial District. This requirement is inconsistent with Government Code Section 65850.5 which requires a building code official to issue a non-discretionary permit for all solar energy systems that meet applicable health and safety requirements necessary to ensure the solar energy system does not have a specific adverse impact on public health or safety and only allows discretionary review in limited circumstances.

The proposed ordinance would amend and restate Section 11-12-13(A) of the Solvang Municipal Code in its entirety to conform the requirements for solar energy system permitting to state law. The new proposed language codifies the requirements of Government Code Section 65850.5 and lists certain health and safety requirements specific to Solvang that are necessary to ensure any solar energy system does not have a specific adverse impact on the City’s public health or safety. The permitting requirements would apply to any solar energy system in the City’s jurisdiction, not just those in the Tourist Commercial District (TRC).

Consistent with Gov. Code Section 65850.5, under the proposed ordinance the building official may only require a discretionary use permit for a solar energy system if the building official makes a finding that the solar energy system could have a specific adverse impact on public health and safety. The building official can impose conditions on a use permit to mitigate that impact at the least possible cost.

However, this use permit is not the same as a major or minor conditional use permit under the Solvang Municipal Code because failure to meet any criteria of a major or minor conditional use permit under the Solvang Municipal Code is not a permissible reason to deny a solar energy systems application.

Pursuant to Government Code Section 65850.5, the building official may only deny a solar energy systems application if the building official makes written findings based on substantial evidence that (i) the proposed installation would have a specific, adverse impact on public health or safety and (ii) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

Staff also finds that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment as the changes merely codify already effective state law.

This item was presented to the Planning Commission at their meeting on Monday, May 1, 2023. They voted 3-0, with one member absent and one vacant position, to recommend to the City Council the change to the municipal code to be in alignment with state law.

ALTERNATIVES:
125
Provide further direction to staff.

FISCAL IMPACT:

Adoption of Resolution No. 23-04 will not directly have any fiscal impact. Adoption of an Ordinance by City Council consistent with the recommendation in Resolution No. 23-04 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 No. 23-0366
B – Solvang Municipal Code Section 11-12-13
C – Government Code Section 65850.5
126
ORDINANCE NO. 23-0366

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, AMENDING TITLE 11 OF THE SOLVANG MUNICIPAL CODE TO CONFORM SOLAR ENERGY SYSTEM

PERMITTING REQUIREMENTS TO STATE LAW AND MAKE A DETERMINATION OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Solvang Municipal Code currently requires a major conditional use permit for all solar energy systems in the TRC Tourist Commercial District under Section 11-12-13(A); and WHEREAS, state law, specifically Government Code Section 65850.5, requires nondiscretionary approval of solar energy systems that meet applicable health and safety requirements necessary to ensure the solar energy system does not have a specific adverse impact on public health or safety and only allows discretionary review in limited circumstances; and WHEREAS, Government Code Section 65850.5 provides an application for a solar energy system may only be denied if the City determines in written findings based on substantial evidence that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and WHEREAS, amendments to the Solvang Municipal Code Section 11-12-13(A) are needed to conform solar energy systems permitting requirements to state law; and WHEREAS, on May 1, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-04 recommending the City Council adopt an ordinance amending Title 11 of the Solvang Municipal Code to conform solar energy system permitting requirements to state law 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 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 conform solar energy system permitting requirements in the Solvang Municipal Code to state law.

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

SECTION 1.

Section 11-12-13(A) Solar Panels of the Solvang Municipal Code is hereby amended and restated in its entirety to read as follows:

A. Solar Energy Systems.

1. Definitions. The following definitions shall apply to Section 11-12-13(A):

Attachment A
127
“Solar energy system” shall have the same meaning as provided in the Solar Rights Act, Civil Code § 801.5(a), as the same may be amended from time to time. “Specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies, or conditions as they exist on the date the application was deemed complete.

2. Building Permit Application. Applicants shall apply to the building official for a building permit for all solar energy systems. A building permit or use permit consistent with this section and with Government Code Section 65850.5 must be obtained prior to installation of any solar energy system. Small rooftop residential solar energy systems may be eligible for expedited review pursuant to Section 10-4-1 of the Code.

3. Application Review. Consistent with Section 65850.5 of the California Government Code, the building official shall review the application for a solar energy system to determine whether it meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety.

Such requirements include but are not limited to:
i. Solar heating systems may be used for the heating of any new swimming pool, spa or hot tub in compliance with the California Plumbing Code and shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
ii. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
iii. All solar energy system applications shall reference the requirement to notify the appropriate regional notification center of an excavator’s intent to excavate, pursuant to Government Code Section 4216 et al. before conducting any excavation related to installation of the solar energy system.

4. Administrative Approval. The building official shall issue a building permit for all solar energy systems for which the building official determines the solar energy system meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety, including criteria enumerated in Section 11-12-13(A)(3).

5. Discretionary Approval. If the building official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact on public health and safety, a use permit shall be required. The building official may issue a use permit with appropriate mitigation consistent with Section 11-12-13(A)(6) or may deny the application consistent with Section 11- 12-13(A)(7).

6. Mitigation. The building official may impose conditions on a solar energy system subject to a use permit to mitigate specific, adverse impact on the public health and safety at the lowest possible cost.

7. Findings for Denial. The building official shall deny an application for a solar energy system if the building official determines in written findings based on substantial evidence in the record that (i) the proposed installation would have a specific, adverse impact on public health or safety and (ii) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 128
The findings shall include the basis for rejection of potential feasible alternatives of preventing the specific adverse impact.

8. Appeal to the Planning Commission. A decision of the building official on an application for a solar energy system may be appealed to the Planning Commission.

SECTION 2.

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 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 3.

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.

PASSED, APPROVED, AND ADOPTED on this 12th day of June 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 129

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. 23-0366 was duly introduced at a regular meeting of the City Council held on the 22nd day of May, 2023, and was duly adopted at a regular meeting of said City Council held on the 12th day of June 2023, 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
130

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CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.a
Meeting Date: May 22, 2023
SUBJECT: Discussion and Possible Action to Receive Wastewater Treatment Plant United States Department of Agriculture (USDA) Rural Development Grant Application Update
PREPARED BY: Jose Acosta, Utilities Director
DISCUSSION:

At the March 28, 2022, meeting, the Council approved awarding a service agreement with Carollo Engineers Inc. (Carollo) to assist the city with seeking possible grant opportunities for the Solvang Wastewater Treatment Plant upgrades project. While collaborating with City staff in investigating and discussing the opportunities, a grant was identified through the United Stated Department of Agriculture (USDA) Rural Development. The identified grant could provide up to 40% grant funding with the remaining being financed at a low interest rate with USDA.

The USDA grant application required a Preliminary Engineering Report (PER) to be compiled and submitted along with the application. Carollo was retained to assist with completion and submittal of the PER. The support efforts, collaboration, and documents required of the PER included financing, environmental, hydrological, and collaboration with other agencies.

To assist with the financial requirements Carollo has been working with City staff. USDA is requiring the City to seek interim financing for the project, retain bond council, and submit financial standing documentation for the City. The City’s Administrative Services Director Berry has been working on gathering this information and documentation. At a future Council meeting staff will be presenting the interim financing options available for this project.

At the November 28, 2022, meeting, the Council approved a service agreement with Meridian Consultants (Meridian) to assist with completion and submittal of the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) reports. The CEQA public comment period is complete and the Final Mitigate Negative Declaration is pending approval by the Council later this summer. As part of the NEPA process, USDA required consultation with United States Fish and Wildlife Services (USFWS) under Section 7 for endangered species and Native American tribes as part of the Section 106 to be completed prior to the grant application being reviewed and approved. Collaboration with City staff, USFWS, the Santa Ynez Chumash Tribal representatives, and local hydrologists were required to gather information and documents to complete the NEPA document. The Section 7 and 106 consultations have just been completed and the draft NEPA document is being finalized for submittal to USDA. Mr. Joe Gibson, consultant from Meridian, is present this evening to elaborate on their efforts to complete the CEQA and NEPA requirements.

In addition to the above environmental requirements, the USDA application requires the completion of an updated 100-year and 500-year floodplain report. To complete this report Carollo contracted with Kasraie Consulting. The report is being completed for submittal along with the application, Mr. Jeff Weishaar, consultant from Carollo, is available for elaboration as well.

The City was recently notified by the Regional Water Quality Control Board (Regional Board), that they must submit a compliance plan to meet the new discharge requirements of the newly implemented permit for the WWTP. A few of the constituents of concern are Total Dissolved Solids, Chloride and Sodium levels. The previous and updated limits for these constituents are:
- Total Dissolved Solids 1000 ppm 600 ppm
136
- Chloride 150 ppm 50 ppm
- Sodium 150 ppm 20 ppm
- Total Nitrogen 10 ppm
Carollo and staff have corresponded with the Regional Board to discuss and possibly amend these limitations. These requests will be submitted within the compliance plan to the Regional Board prior to June 11, 2023. The new permit and limits being implemented are separate from and in addition to the USDA grant application. The two items are separate but being worked on and implemented in parallel, as the WWTP processes are being led by the limits and the grant is to fund the final plant processes.

Mr. Weishaar is present this evening to elaborate on the completion of this compliance plan.

The USDA grant application is currently scheduled to be submitted by August 5, 2023, to allow for enough time for final review and approval, which could take up to 45 days. Once the new fiscal year begins, October 1, USDA will begin using updates US Census data, which may make the City ineligible for this grant opportunity. Carollo, Meridian and staff are working diligently to ensure we meet all timelines and requirements and requests of USDA staff. City Staff and consultants are available this evening to answer any questions and address any concerns.

ALTERNATIVES:

No alternatives are presented this evening.

FISCAL IMPACT:

There are no fiscal impacts currently.

ATTACHMENTS:

None
137

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.b
Meeting Date: May 22, 2023
SUBJECT: Introduce for First Reading by Title Only Ordinance No. 23-0367 Amending Chapter 2 “Fire Protection and Prevention” of Title 10 “Building Regulations” of the Solvang Municipal Code and Adopting by Reference “Chapter 15 - Fire Prevention” of the Santa Barbara County Code (Incorporating and Amending the California Fire Code, 2022 Edition, and Portions of the 2021 International Fire Code), Schedule a Public Hearing Date, and Make a Determination of Exemption under the California Environmental Quality Act
PREPARED BY: Stephanie Spieler, Contract Building Official Sophia Checa, Planning Manager
DISCUSSION:

On November 28, 2022, pursuant to Health and Safety Code Section 18938(b), 17958, 17958.5, 17958.7, and 18941.5 and Government Code Section 50022.1, et seq., the City Council adopted Ordinance No. 22-0360 amending Title 10 of the Solvang Municipal Code to adopt by reference the Codes comprising the 2022 Edition of the California Building Standards Code, including the 2022 California Fire Code (incorporating and amending the 2021 International Fire Code). On January 12, 2023, the City Council adopted Resolution 23-105 making findings that the modifications to the 2022 California Fire Code adopted in Ordinance No. 22-0360 are reasonably necessary due to local climactic, geological, and topographical conditions. In particular, the City amended Section 10-2-1 to adopt by reference the “2022 California Fire Code as adopted and amended by the Santa Barbara County Board of Supervisors.”
On December 6, 2022, the Board of Supervisors for the County of Santa Barbara, acting on behalf of the Santa Barbara Fire Protection District, adopted Ordinance No. 5170 and Resolution No. 22-243.

Ordinance No. 5170 amended Chapter 15 of the Santa Barbara County Code and thereby adopted by reference and amended the 2022 California Fire Code and portions of the 2021 International Fire Code (as amended) and a fire code fee schedule. Resolution No. 22-243 made express findings that that the modifications to the 2022 California Fire Code adopted in Ordinance No. 5170 are reasonably necessary due to local climactic, geological, and topographical conditions. With these local amendments, the fire protection provisions in Chapter 15 of the Santa Barbara County Code are more stringent than those contained in the 2022 California Fire Code.

Since the City adopted Ordinance No. 22-0360 before the County adopted Ordinance No. 5170, it is necessary to readopt amendments to Title 10, Chapter 2 to more specifically refer to Chapter 15 of the Santa Barbara County Code as amended by Ordinance No. 5170 and to make specific findings in support of the local amendments to the 2022 California Fire Code. Furthermore, since the local amendments impose provisions that are more stringent than the 2022 California Fire Code, Health and Safety Code Section 13869.7 requires the City to ratify Ordinance No. 5170 in order for the local amendments to be effective. If the City does not ratify Ordinance No. 5170, the 2022 California Fire Code will apply without any amendments to reflect local conditions.

Staff recommends the Council introduce Ordinance No. 23-0367 which adopts by reference Chapter 15 - Fire Protection. At second reading of Ordinance No. 23-0367, staff will also present two resolutions for the Council’s consideration and adoption. One resolution will set forth the required findings that the modifications to the 2022 California Fire Code adopted in Ordinance 5170 and Ordinance No. 23-0367 are reasonably necessary due to local climactic, geological, and topographical conditions. The other resolution will ratify Ordinance No. 5170.
138
In accordance with Government Code 50022.3, the date of the public hearing on an ordinance adopting a code by reference is set at the first reading and the public hearing on the ordinance is held at the time of the second reading. Furthermore, a fourteen (14) day notice period is required for this public hearing on the ordinance. This means the earliest the ordinance may come back for public hearing and second reading is June 12, 2023. Staff recommends the City Council set the public hearing and second reading for Ordinance 23-0367 for Monday, June 12, 2023.

ALTERNATIVES:
1) Introduce Ordinance No. 23-0367 as proposed
2) Make modifications to Ordinance No. 23-0367 and direct staff to bring the Ordinance back for introduction at a later meeting
3) Provide further direction to staff
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 – Ordinance 23-0367
B – Ordinance 5170 of the Santa Barbara County Board of Supervisors 139
ORDINANCE NO. 23-0367

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING CHAPTER 2 “FIRE PROTECTION AND PREVENTION” OF TITLE 10 “BUILDING REGULATIONS” OF THE SOLVANG MUNICIPAL CODE AND ADOPTING BY REFERENCE “CHAPTER 15 - FIRE PREVENTION” OF THE SANTA BARBARA COUNTY CODE (INCORPORATING AND AMENDING THE CALIFORNIA FIRE CODE, 2022 EDITION, AND PORTIONS OF THE 2021 INTERNATIONAL FIRE CODE), AND MAKING A

DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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, 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 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 Fire Codes, incorporated into Title 24 of the California Code of Regulations; and
WHEREAS, the City of Solvang is within the Santa Barbara County Fire Protection District; and
WHEREAS, on December 6, 2022 the Board of Supervisors for the County of Santa Barbara adopted Ordinance No. 5170 amending Chapter 15 of the Santa Barbara County Code and thereby adopting by reference and amending the 2022 California Fire Code and portions of the 2021 International Fire Code as amended and a fire code fee schedule; and WHEREAS, on December 6, 2022 the Board of Supervisors for the County of Santa Barbara adopted Resolution No. 22-243, making express findings that the modifications to the 2022 California Fire Code adopted in Ordinance No. 5170 are reasonably necessary due to local climactic, geological, and topographical conditions; and WHEREAS, the City of Solvang intends to adopt by reference Chapter 15 of the Santa Barbara County Code, which incorporates by reference and amends the 2022 California Fire Code and portions of the 2021 International Fire Code; 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 Attachment A
140
WHEREAS, the City held a public hearing on June 12, 2023, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting Chapter 15 of the Santa Barbara County Code (incorporating by reference and amending the 2022 California Fire Code and portions of the 2021 International Fire Code); and NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1.

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

Chapter 15 of the Santa Barbara County Code (incorporating by reference and amending the 2022 California Fire Code and portions of the 2021 International Fire Code) as amended by the Santa Barbara County Board of Supervisors in Ordinance No. 5170 (2022) is hereby ratified and adopted by reference as the fire code of the city.
10-2-2 Fire code official designated.

The fire code official for the Santa Barbara County Fire Protection District is hereby designated as the fire code official for the city of Solvang.
10-2-3 Referenced codes and standards.

Where other codes and standards are referred to in the code adopted in section 10-2-1 of this chapter, the following shall apply:

A. International Building Code. The 2022 California Building Code or the California Residential Code, as applicable.

B. International Plumbing Code. The 2022 California Plumbing Code.

C. International Fuel Gas Code. The 2022 California Plumbing Code.

D. International Mechanical Code. The 2022 California Mechanical Code.

E. NFPA 70 and National Electrical Code. The 2022 California Electrical Code.

F. International Residential Code for One- and Two-Family Dwellings. The 2022 California Residential Code.

G. International Fire Code. The 2022 California Fire Code.

H. International Existing Building Code. The 2022 California Existing Building Code.

SECTION 2
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 141
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 3
All inconsistencies between the 2022 California Fire Code as adopted by this Ordinance and Part 9 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 4
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 Section 2 of Ordinance No. 22-0360, and any other ordinance or portions thereof in conflict herewith are hereby repealed and declared to be of no further force and effect but only to the extent of such conflict or inconsistency.

SECTION 5.

INTRODUCED at a regular meeting of the City Council held on the 22nd day of May 2023 and PASSED, APPROVED, AND ADOPTED on this 12th day of June, 2023 ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 142

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. 23-0367 was duly introduced at a regular meeting of the City Council held on the 22nd day of May, 2023, and was duly adopted at a regular meeting of said City Council held on the 12th day of June 2023, 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
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DocuSign Envelope ID: F8BF6BC5-3E5F-48FD-862C-2FDB5382E4B0

RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE

COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA

IN THE MATTER OF ADOPTING AND AMENDING )
THE 2022 CALIFORNIA FIRE CODE AND MAKING )

EXPRESS FINDINGS THAT MODIFICATIONS ARE )

REASONABLY NECESSARY DUE TO LOCAL )

CONDITIONS FINDINGS SUPPORTING LOCAL )

AMENDMENTS TO THE CALIFORNIA FIRE CODE )
__________________)
RESOLUTION NO. 22- 243
WHEREAS, on November 29, 2022, the Board of Supervisors introduced an Ordinance adopting and amending the 2022 California Fire Code; and,
WHEREAS, pursuant to the provisions of 50022.2 of the Government Code and Sections 17922, 17958, 17958.5, 17958.7 and 18941.5 of California Health and Safety Code, the County may adopt amendments, exceptions, modifications and additions to the provisions of the 2022 California Fire Code which are reasonable and necessary due to the unique characteristics of the local climatic, geological, or topographical conditions; and,
WHEREAS, amendments, exceptions, modifications and additions to the 2022 California Fire Code comprises a portion of the Santa Barbara County Code, specifically Chapter 15, Fire Prevention; and, WHEREAS, the Board of Supervisors of the County of Santa Barbara finds and declares, as required by Sections 1798.5, 17958.7, and 18941.5 of the California Health and Safety Code, that there exists in certain areas of Santa Barbara County conditions and situations that require modification of the 2022 California Fire Code for buildings and related construction, vegetation management, events and various activities requiring permits, and enforcement actions; and further, that these conditions and situations require specific legislative action to provide for the safety and health of the populace of the County; and, WHEREAS, on November 29, 2022, the Board of Supervisors held a hearing to consider the proposed ordinance containing the amendments in Exhibit A, attached hereto and incorporated by this reference; and, WHEREAS, the following unique characteristics of the local climatic, geological, or topographical conditions exist in the County of Santa Barbara:
a) That Santa Barbara County is prone to extreme weather conditions, from hot, dry winds from the north and the east (Sundowner and Santa Ana winds), to strong westerly ( coastal) winds, which greatly enhance the ability for fire to spread as reflected in devastating recent fires. In addition, the topographical layout and features of the county make the area subject to isolation should a flood or earthquake occur, which would prevent or severely limit and delay the north and south entities from giving or receiving mutual aid and emergency assistance;
b) The present firefighting resources of this county are constrained in their efforts to control fires in large unsprinklered buildings within the urban limit boundary and all buildings outside of the urban limit boundary as designated in the county comprehensive plan; c) Geologic and topographic conditions in the county result in extended response times for firefighting resources, which may contribute to greater life and property loss in large unsprinklered buildings within the urban limit boundary and in all structures outside of the urban limit boundary; and 144
DocuSign Envelope ID: F8BF6BC5-3E5F-48FD-862C-2FDB5382E4B0 2022 Fire Code Resolution

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Solvang City CouncilMay 22, 2023

Solvang City Council
May 22, 2023