Solvang City Council
June 26, 2023

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.b
Meeting Date: June 12, 2023
SUBJECT: Discussion and possible action to provide staff direction regarding outdoor dining in the public right-of-way
PREPARED BY: Sophia Checa, Planning Manager
DISCUSSION:

In March 2020, the City of Solvang declared a public health emergency due to COVID-19. The City relaxed regulations to allow eating and/or drinking establishments to operate outdoors and closed Copenhagen Drive under the declaration of the emergency. The City allowed encroachment permits to be issued on a temporary basis to allow the use of the public property, i.e., the City’s right-of-way, for outdoor seating. Nineteen encroachment permits were issued, and thirteen are for seating and other amenities on Copenhagen Drive. The City also erected 16 wooden pergolas on Copenhagen Drive and provided ten tables and forty chairs for use by the public.

The Solvang City Council also passed an urgency ordinance that changed the Solvang Municipal Code to allow minor development in the Tourist Related Commercial zone without a full development plan review of reasonable conditions imposed by the Planning Manager for the addition of enlargement of an outdoor patio or seating area of a restaurant, bar, cocktail lounge, or wine tasting establishment. This modification to the code also allowed the Planning Manager to waive up to two parking spaces without having to go through the parking in-lieu waiver process. This does not apply to other commercial areas:

C-2 Retail Commercial District, C-3 General Commercial District, or PO Professional Office District.

On March 13, 2022, the Council voted to reopen Copenhagen Drive and rescind the temporary encroachment permits issued during COVID-19 to operate withing public right-of-way as of April 8, 2022. Direction was given to work with businesses to legalize the addition or enlargement of outdoor patio or seating areas of a restaurant, bar, cocktail lounge, or wine tasting establishment on private property. In these instances, applicants must submit plans drawn by a licensed architect to legalize this change of use.

Since Copenhagen re-opened, staff have been asked by various businesses about being able to establish outdoor dining in the public right-of-way, typically the sidewalk or the space between the sidewalk and the curb, as there were three business (Belgian Café, Red Viking, and Danish Mill Bakery) that were allowed to maintain their outdoor dining due to lifetime encroachment permits issued in 2010. While there is a mechanism in the code through the issuance of encroachment permits, staff are concerned about the proliferation of such dining and the impact on promoting the unique Old-World Danish design theme. As the Design Guidelines state, “It has been common understanding that preserving and perpetuating the architectural charm of the area will enhance the social and economic base of the community.”
Section 8-3-3 of the Solvang Municipal Code requires entities to obtain an encroachment permit for these types of activities, and Section 8-3-4 outlines the application process and conditions for the encroachment permit. However, as seen in other jurisdictions, this should be a more intentional process, such as the Outdoor Dining License established through the City of Santa Barbara. Solvang has its own instance of establishing an intentional process for items in the public right-of-way with the City Street Bench Program/Copenhagen Beautification Project in 2004.

Staff have conceptualized the project as a collaborative economic development project between the Public Works, Building, and Planning Departments, which is why the requirements established in 1986 466
in the encroachment section of the code seem insufficient and outdated. Therefore, staff requests policy direction from the Council regarding whether to allow outdoor dining in the public right-of-way.

ALTERNATIVES:

1. The Council provides policy direction to staff to develop a program for outdoor dining in the public right-of-way. Staff will return to a future meeting with analysis of similar programs from other jurisdictions and a recommendation regarding an outdoor dining program and changes to the Solvang Municipal Code.

2. The Council chooses to not establish an outdoor dining program and either deems encroachment permits sufficient or sets the policy direction that encroachment permits are not to be issued for outdoor dining.

3. Other suggestion(s) by the Council.

FISCAL IMPACT:

There is no fiscal impact at this time.

ATTACHMENTS:

A – Solvang Municipal Code Section 8-3-3 and 8-3-4
B – City of Santa Barbara Outdoor Dining License Application and Guidelines 467





 


 
  

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471

City of Santa Barbara
Public Works Department

OUTDOOR DINING LICENSE

APPLICATION

GENERAL INFORMATION
Business Name: ___________________________________________________________________ Business Owner: ___________________________________________________________________ Address: __________________________________________________________________ Assessor Parcel Number: _____________________________________________________ Business Phone Number: _____________________________________________________ Business License Number: ____________________________________________________ Applicant Name: ____________________________________________________________ Applicant E-mail: __________________________________________________________

DESCRIPTION OF PROPOSED OUTDOOR FURNITURE
Note: Include quantity, colors, materials, type, etc.:

Quantity Description
Chairs: _______ ___________________________________________________ Tables*: _______ ___________________________________________________ *Note how many are ADA compliant (28”-34” high, Knee room of 30” wide by 27” tall by 19” deep) Umbrellas: _______ ___________________________________________________ Note height allowed is 6’-8” to 10’-0”
Heaters: ________ _________________________________________________________ Landscape Pots: ________ _________________________________________________________ Barrier: ________ _________________________________________________________ Attachment B
472
Aug 2021

SUBMITTAL REQUIREMENTS
The following must be submitted with this application:
 Public Works Outdoor Dining Application fee per Fee Resolution for Public Improvements Fees are currently waived through the end of the Emergency Economic Recover Ordinance (currently scheduled to end in March 2022)
 A detailed site plan on 8 1/2” x 11” paper. All sidewalk obstructions shall be noted and detailed dimensions shall be clearly shown. See attached sample site plan and barrier detail example.  The plan is required to demonstrate 8-feet of sidewalk clearance on State St (6-feet wide elsewhere) can be met.
 A copy of your Certificate of Insurance naming the City of Santa Barbara as an additional insured per attached requirements.
 Color photographs of your proposed Outdoor Dining showing:

Sidewalk area proposed for use
Proposed chairs, tables, umbrella, heater (photos or a vendor specification) This application along with the above items shall be returned to:

City of Santa Barbara – Public Works Department
Public Works Permit Counter
630 Garden Street Santa Barbara, CA 93101
or
P.O. Box 1990 Santa Barbara, CA 93102-1990
(805) 564-5388
or
submit applications online at landuse.santabarbaraca.gov Note: Submittal of an application is NOT an approval to set-up outdoor dining. You must wait until the outdoor dining license agreement is executed or other instructions from City staff that your plan is approved.

If you have any questions regarding the Outdoor Dining Program, please contact Michael Cloonan, Project Engineer I, at (805) 564-5365 or [email protected]. You may also contact Adam Hendel, Principal Engineer, at (805) 897-1921 or [email protected].

Applicant had read and agrees to comply with the Operating Standards Administrative Guidelines in Santa Barbara Municipal Code Chapter 9.95 (as amended), and desires to obtain an Outdoor Dining License. 473
aug 2021

Applicant understands that all new outdoor dining area in the coastal zone requires parking based on the number of seats or floor area, whichever is greater.

I will defend, indemnify and save harmless the City of Santa Barbara and its officers and employees from any and all loss, liability, damages, or judgements resulting from any claims made against any of them by reason of, or in connection with, operation of an outdoor dining area on a public sidewalk. I waive any loss or damage (direct or consequential) that may arise from the application of the provisions of Santa Barbara Municipal Code Chapter 9.95 and/or the regulations adopted as amended from time to time, and/or any condition or requirements applied or imposed by the City Engineer in connection with an Outdoor Dining License.

Business Owner Signature: ________________________________________________________________ Print Name: ________________________________________________________________ Date: ________________________________________________________________ The above addresses Public Works Department concerns and requirements. Other City Divisions/Departments may have additional requirements.

For information call (805) 564-5388
City of Santa Barbara Public Works Department 630 Garden Street, Santa Barbara, CA 93101 474
Chapter 9.95 USE OF CITY SIDEWALKS AND RIGHTS-OF-WAY FOR DINING PURPOSES qcode.us/codes/santabarbara/
Santa Barbara Municipal Code
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TITLE 9 PUBLIC PEACE AND SAFETY
Chapter 9.95 USE OF CITY SIDEWALKS AND RIGHTS-OF-WAY FOR DINING PURPOSES

9.95.010 Purpose.

The purpose of the regulations and standards in this chapter are to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for outdoor dining. (Ord. 4820, 1993)

9.95.020 Outdoor Dining - Defined.
“Outdoor dining” means the use of City sidewalks and public rights-of-way for the consumption of food or beverages in conjunction with the operation of a food service establishment properly licensed for such service under state and county health regulations and which provides on-premises customer seating. (Ord. 4820, 1993)

9.95.030 Outdoor Dining License Required.

A. Outdoor dining is not allowed without an outdoor dining license agreement with the City as set forth in this chapter.

B. The owner or operator of a business or service which includes outdoor dining shall maintain such operation in compliance with all provisions of the outdoor dining license and the administrative regulations approved pursuant to this chapter. (Ord. 5130, 1999; Ord. 4820, 1993)

9.95.040 Where Outdoor Dining in Public Rights-of-Way Permitted.

Outdoor dining is not permitted where, in the opinion of the City Engineer, the speed, volume or nearness of vehicular traffic is not compatible with outdoor dining. All outdoor dining areas must be adjacent to and incidental to the operation of a food service establishment providing on-premises customer seating properly licensed for such service pursuant to state and county health regulations. Use of the sidewalk or public right-of-way must be confined to the actual sidewalk and public right-of-way frontage of the restaurant or food service building. (Ord. 4820, 1993)

9.95.050 Sidewalk Required to Accommodate Pedestrian Traffic.

Outdoor dining is permitted only where, in the opinion of the City Engineer, the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed outdoor dining. Along State Street, between Cabrillo Boulevard and Victoria Street, the outdoor dining area shall leave not less than eight consecutive feet of sidewalk width which is clear and unimpeded at all points for pedestrian traffic. Outdoor dining operations must maintain adequate clearance for all normal uses of the sidewalk and any special or occasional uses that may arise from time to time. (Ord. 5130, 1999; Ord. 5047, 1998; Ord. 5013, 1997; Ord. 4820, 1993)

9.95.060 Alcoholic Beverage Restrictions.

The service of alcoholic beverages shall be restricted solely to on-premise consumption by customers within the outdoor dining area. Each of the following standards apply to outdoor dining areas which provide alcoholic beverage service:

A. The outdoor dining area must be immediately adjacent to and abutting an indoor restaurant which provides food and beverage service;
B. The outdoor dining area must be clearly and physically separated from pedestrian traffic; C. The operator shall post a written notice to customers that the drinking or carrying of an open container of alcohol is prohibited outside the outdoor dining area;
D. The outdoor dining operations must be duly licensed by the state Department of Alcoholic Beverage Control. (Ord. 4820, 1993)
475
Chapter 9.95 USE OF CITY SIDEWALKS AND RIGHTS-OF-WAY FOR DINING PURPOSES

9.95.070 Special Closures.

Outdoor dining is an interruptible or terminable license granted by the City pursuant to a contract. The City shall have the right and power, acting through the City Engineer, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area or right-of-way. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the licensee shall be given prior written notice of any time period during which the operation of the outdoor dining area will be prohibited by the City. (Ord. 4820, 1993)

9.95.080 Issuance of License.

The City Engineer may issue an outdoor dining license pursuant to administrative regulations issued by the Public Works Director and approved by resolution of the City Council. At a minimum such regulations shall determine and require the following:

A. The approval and execution of a standard license agreement in a form acceptable to the City Attorney; B. Proof of insurance naming the City as an additional insured acceptable to the Risk Manager; C. Special site conditions as needed or desirable;
D. Whether the design for seating and signage meets the minimum standards of the established administrative regulations;
E. Such other conditions as are necessary for public safety or to protect public improvements, such as the posting of appropriate security to guarantee the restoration of the right-of-way upon termination of the license; F. Conditions necessary to restore the appearance of the sidewalk or right-of-way on termination of use; G. Compliance with the applicable City building, zoning and design review requirements, particularly those requirements with respect to automobile parking;
H. Payment of an annual license fee for use of the sidewalk or right-of-way in an amount established by resolution of the City Council;
I. The payment of an appropriate license application fee in an amount established by resolution of the City Council;
J. Adequate setback and clearances for all expected pedestrian uses of the sidewalks, as well as for unusual or occasional public uses that can be anticipated. (Ord. 5891, 2019; Ord. 5130, 1999; Ord. 4820, 1993)

9.95.090 Term and Renewal.

The maximum term of an outdoor dining license is one year; thereafter, the City Engineer may extend the license for additional periods, not to exceed one year each, following review and approval of the operation. If the City Engineer considers additional or revised conditions desirable, such new conditions may be imposed upon the extension, including the imposition of a license renewal fee. (Ord. 4820, 1993) View the mobile version.
476
RESOLUTION NO. 2000-017

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA

BARBARA ESTABLISHING AND AMENDING THE STANDARD

STREET RIGHT OF WAY AND SIDEWALK OUTDOOR DINING
REGULATIONS; AND REPEALING RESOLUTION NO. 99-116
I. PURPOSE
The purpose of these operating standards and administrative guidelines. is to establish standards for outdoor dining within areas owned by the City of Santa Barbara and operated pursuant to Santa Barbara Municipal Code Chapter 9. 95, an e·xecuted revocable license agreement with the City of Santa Barbara, and any other applicable codes. These operating and administrative guidelines are to ensure that the space used for outdoor dining will, at all times, serve a public purpose and allow for adequate pedestrian circulation.

All of the design elements shall be consistent with the design Guidelines of El Pueblo Viejo District, except as noted, or, if outside of this d�strict, they shall be consistent with the Guidelines of the Architectural Board of Review . .

All use, operation and improvements related to outdoor dining shall be maintained in conformity with these guidelines and other applicable laws, rules, regulations, and requirements without limitation.

II. OUTDOOR DINING LICENSE AGREEMENT
All operators of outdoor dining areas must obtain, possess, and maintain an outdoor dining license. At a minimum, the following are required:

A. The approval and execution of a standard license agreement in a form acceptable to the City Attorney;
B. Proof of liability insurance acceptable to the City
Administrator, naming the City as an additional insured; C. Compliance with special site conditions as required by the City Engineer;
D. Compliance of all seating and signage with minimum
standards of established administrative regulations;
E. Compliance with such other conditions as are necessary for public safety or to protect public improvements, such as the posting of appropriate security to guarantee the restoration of the right-of­ - way upon termination of the license;
477
F. Compliance with conditions necessary to restore the
appearance of the sidewalk or right-of.
-way on termination of use; and
G. Compliance with the applicable City building, zoning parking, and design review requirements.

III. FEES
Application and rental fees for use of the City sidewalk will be paid by the Licensee. Fees shall be as adopted from time to time by resolution of the City Council.

IV. ELIGIBLE USES
A. Establishments which provide take-out food service,
specialty food service, and full menu food service are eligible for an Outdoor Dining Permit. Outdoor dining areas are for sit-down food and beverage service only; no stand-up service is permitted.

B. All Establishments that serve alcohol must obtain any additional permits -that may be required from the Alcohol Beverage Control Board of the State of California.
c. Temporary, mobile, free-standing food service, or non-food serving establishments are not eligible to obtain an Outdoor Dining Permit.

V. ELIGIBLE SITES
A. Outdoor dining permits shall be allowed only in areas of the City zoned for conunercial uses.

B. Outdoor Dining Permits do not convey any long term or perrnapent interest in public property.
c. Outdoor Dining . Operations shall be maintained within the following restrictions:

1. All outdoor dining areas must maintain, at all times, the clearances and requirements established by City ordinance. At present such ordinance standards require that Outdoor Dining are.as along State Street between Cabrillo Blvd. and Victoria Street must maintain, at all times, a minimum of an eight foot (8') unobstructed pedestrian travelway, which is clear and unimpeded, between the outside of the cafe area and any obstructions or the curb line. At all other locations within the City, Outdoor Dining areas shall maintain, at all times, a minimum of a six foot (6') unobstructed pedestrian travelway, which is clear and unimpeded, between the outside of the cafe area and any obstructions or the curb line. 478

2. All outdoor dining areas must comply with Federal
Americans with Disabilities Act standards.

3. Outdoor dining areas are not permitted within 15- feet of the curb lines of intersecting streets, at the ends of each block.

4. The elevation of the outdoor dining area shall be the same elevation as the sidewalk.

5. In addition to the restrictions identified above, the City Engineer shall maintain standards for normal uses that include:
a. maintenance of ten (10) feet of pedestrian
clearway for use by pedestrians walking by or adjacent to the Outdoor Dining operation, for all sidewalks where such clearway is reasonably feasible;
b. limitation of outdoor dining operations to a
maximum width of seven (7) feet of public right of way use for outdoor dining purposes, excluding obstructions created by approved planters, landscaping, street furniture, and similar obstructions, where reasonably feasible;
c. maintenance of uniform alignment of outdoor
dining areas and adjacent caf e barriers to avoid irregularities in adjacent barriers or other improvements, where reasonably feasible; and
d. Depending upon the setting and location, Outdoor
Dining Operations may be allowed to use up to a maximum of 10.0 feet of the sidewalk but in no case shall the cafe use more than fifty per cent (50%) of the available (non-landscaped) sidewalk.

6. Adjustment shall be made to existing uses to
incorporate all such standards on the occasion of significant public improvement activity to a block face, such as the removal, restoration, or renovation of sidewalks; an adjustment of the street width; or material change in or addition to the street furniture, landscaping, or lighting in the area. The City Engineer is expected to provide more tolerance for minor deviations from the standards in this resolution for those limited areas where existing uses are maintained in a street or sidewalk that is not impacted by pedestrian or vehicle traffic nor affected by significant public improvement as provided herein.

7. Notwithstanding any provision in these regulations
regarding existing uses, each outdoor dining operation shall be subject to the application of the discretion of the City Engineer to adjust uses and apply standards in the best interests of the City.

No provision, exemption, limitation or standard identified in these regulations is intended to protect any existing or future interest in - any outdoor dining license from any. direction, modification, 479
interpretation or application made by the City Engineer. determinations made by the City Engineer in connection with application of these regulations shall' be final.

The
the
D. Outdoor dining areas shall be required to maintain all standards for building egress for adjacent premises, as defined by the Uniform Building and Fire Codes.

E. Vehicular parking shall be provided by the establishment in accordance with the requirements of the City Municipal Code for the occupancy of the patrons anticipated for the outdoor dining area.

F. Outdoor dining areas shall be cleared and barriers removed along State Street during the Summer Solstice parade and the Fiesta parade times except by application to and approval by the City Engineer. Outdoor dining areas shall be cleared and barriers, Tables and chairs are to remain down between 8:00 a.m. Friday and 6:00 a.m.

Sunday of the annual Fiesta celebration.

VI. DESIGN STANDARDS
A. BARRIERS

1. A barrier surrounding the dining area is not required if the food provider limits outdoor tables and chairs to one row abutting the wall of the establishment and no alcohol is served outdoors. Where alcohol is served outdoors and there is only one row of tables, a barrier is not required if waived by the Alcohol Beverage Control Board.

2. Notwithstanding the above, all food service
establishments along State Street between Cabrillo Boulevard and Sola Street must have a barrier if alcohol is served.

3. outdoor dining areas with a row of tables in addition to those along the storefront shall have barriers� Additionally, barriers may be required at the discretion of the City Engineer. a. Barriers must be secured to the sidewalk, and be
able to be removed during non-operating times (such as parades), or upon the request of the City Engineer.
b. The barriers will be attached to the sidewalk by
bolts through a plate, which is set flush to the sidewalk at the base of a post. Insert plugs shall be placed in the sidewalk upon the removal of the bolts and barriers. The plugs will be flush with the sidewalk, and shall not cause a trip hazard. Barriers shall be attached to the sidewalk in a manner approved by the City Engineer. c. All barriers and/or posts must be able to
withstand one hundred (100) pounds of horizontal force at the top of the barricade when in their fixed positions, and be of durable, weather resistant materials.

480
d. The height of any barrier shall not exceed three
feet (3 1); except finials and/or continuous landscaping shall not exceed three feet six inches (3 1 6
11 ). Barriers shall have no sharp or
protruding elements that could injure pedestrians. Solid barriers are not permitted.
e. The barriers perpendicular to the storefront must
be rigid, by means of railings; barriers running parallel to· the storefront may be swag chains or of similar conformation. f. For locations where no barriers are installed,
either potted plants (four to five feet high) situated at each far corner of .the outdoor dining area, or a tactile barrier inset in the sidewalk along the border of the dining area is required in order to delineate the area and aid the sight impaired.
g. A barrier plan shall be submitted to the City
Engineer and approved prior to operating an outdoor dining area or constructing the required barrier.

B. UMBRELLAS
The use of removable umbrellas is allowed provided that they maintain at least six-feet eight-inches (6'8") of clearance above the sidewalk level and do not exceed ten feet (10') in height.

Umbrella canopies shall be of uncoated canvas, having solid, plain colors as approved for outdoor dining areas by the Historic Landmarks Commission within El Pueblo Viejo Landmark District, or by the Architectural Board of Review outside of El Pueblo Viejo Landmark District. Umbrellas may display no advertising or logo, and must be entirely within the dining area boundaries.

C. SIGNS
Commercial signs, displays and product logos
permitted within any outdoor dining areas, except as
specifically approved by the Sign Committee.

D. LIGHTING
are not
may be
An electric permit must be obtained from the Building and Safety Di vision to install outdoor lighting. All proposed lighting must be approved by the Historic Landmarks Commission within El Pueblo Viejo Landmark District, or by the Architectural Board of Review outside of El Pueblo Viejo Landmark District.

E. MATERIALS AND COLORS
Materials, colors and stylistic treatment of all elements of the design of outdoor dining facilities shall be as approved for outdoor dining areas by the Historic Landmarks Commission within El Pueblo Viejo Landmark District, or by the Architectural Board of 481
Review outside of El Pueblo Viejo Landmark District. Exception for the use of alternate materials, colors, and styles are subject to review and approval by the Historic· Landmarks Commission within El Pueblo Viejo Landmark District, or by the Architectural Board of Review outside of El Pueblo Viejo Landmark District. Provisions to implement the administrative review and appreval- of outdoor dining proposals in conformity to these regulations by City Staff may be established by the City Council, the Architectural Board of Review and the· Historic Landmark Commission.

The placement, color, style and types of outdoor dining furniture and barriers shall be consistent with and shall complement the design and appearance of the building, consistent with the applicable review guidelines. Use of traditional materials for furniture is preferred within the El Pueblo Viejo Landmarks District.

The use of white plastic furniture, redwood tables or benches and/or furniture inappropriate to the vicinity of the outdoor dining area are prohibited. Table size is limited to 36" in diameter or to 36" on each square side. The outdoor dining furniture {its design, materials, colors, etc.) must be specified on the application.

Furniture, designs and colors incorporated in any outdoor dining proposal approved before July 1, 1997, but which do not match standards referred to in these regulations, shall be made to conform to the standards referred to herein on or before July 1, 1998. It is the responsibility of the applicant to put such furniture and improvements into conformity with these standards. Upon any new construction, improvement or replacement of structures or furniture the additions, improvements and replacements shall be in conformity with the standards referred to herein.

F. EXCEPTIONS TO DESIGN STANDARDS
Requests for deviations from these guidelines as to
materials, colors, or styles including requests for use of outdoor heaters, used must be approved by the Historic Landmarks Commission within El Pueblo Viejo Landmark District, or by the Architectural Board of Review outside of El Pueblo Viejo Landmark District.

VII. STANDARDS OF OPERATION
A. Restaurant management shall be responsible to maintain and operate the outdoor dining area, and to remove barriers as required above. The operator of the food serving establishment shall be responsible to supervise and control behavior of patrons within the outdoor dining area. Operators who allow behavior that disturbs the general public or passersby on the sidewalk will be subject to suspension or revocation of their outdoor dining license.

B. Trash receptacles must remain within the outdoor dining area, as defined by a secure, but removable barrier, at all times.

No other items are allowed in the outdoor dining area. Any outdoor heaters in Outdoor Dining areas are:

PrlnP h nf R
482
..-,

1. limited to barricaded sites;

2. reviewed on a case-by-case basis by Historic Landmarks Commission;

3. limited to a maximum of two per site per Historic
Landmarks Commission's recorrunendation, with a minimum spacing of 20 feet apart;
4 . subject to annual rental rate as set forth in a fee resolution. For each heater installed, an approved cafe chair must be removed; and

5. subject to a one-time application fee as set forth in a fee resolution.

C. All items used inside the outdoor dining areas, including tables, chairs, umbrellas and trash cans, must be removed each night and when not in use. Storage of outdoor dining appurtenances on the sidewalk is not allowed.

D. The sidewalk inside the outdoor dining area, and all appurtenances placed thereto, shall be maintained in a clean ( sweep and mop) and attractive manner.

E. The latest hour for serving food or beverages in the outdoor dining area is 11:30 p.m. Neither food nor beverages shall be served in the outdoor dining areas between the hours of 11:30 p.m. and 6:00 a.m.

F. A copy of the outdoor Dining Permit shall be kept on the premises at all times. Any modifications must be approved by the City Engineer.

VIII. ENFORCEMENT
A. In addition to means of enforcement otherwise available, in the discretion of
1 the City Engineer, property which is not in
conformance with these regulations shall be removed pursuant to Santa Barbara Municipal Code Chapter 10.56.

B. In addition to means of enforcement otherwise available, in the discretion of the City Engineer, the owner of premises and the operator of an outdoor dining operation which is not in compliance with the Ordinance Code and these regulations, shall be subject to citation under the provisions of Santa Barbara Municipal Code Chapter

1.25. IX. TERMINATION
The City retains the right to revoke the Outdoor Dining License Agreement upon 24 hours written notice to Licensee, regardless of conformance with these provisions. Within 48 hours of the termination.of the Outdoor Dining License Agreement, the sidewalk will be retu;:ned to the condition existing prior to the placement of t�e ou�or dining facilities or other condition acceptable to the City Epgineer.
483
X. APPLICATION
Applications for an Outdoor Dining License Agreement shall be per attached Exhibit A. The Public Works Department will forward a copy of the application package to the Fire D_epar_tment and Cot'@!l:µnity Development Department - Land Use Controls Division for their review and approval .

XI. POSSESSORY INTEREST
The interest agreed to under outdoor dining license
is an ·interest that may incur a possessory interest tax. must provide -for any possessory interest tax.

Resolution No. 99-116 is hereby repealed.

agreements
Permittee
484
follows:

ORDINANCE NO. 5013

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING SECTION 9.95.050 OF THE

SANTA BARBARA MUNICIPAL CODE PERTAINING TO THE

USE OF CITY SIDEWALKS AND RIGHTS OF WAY FOR DINING

PURPOSES
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN as SECTION 1. Section 9.95.050 of the Santa Barbara
Municipal Code is amended to read as follows:

9.95.050 Required Sidewalk or Right of Way Width
Outdoor Dining is permitted only where, in the opinion of the City Engineer, the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed outdoor dining. The outdoor dining area shall leave not less than six (6) consecutive feet of sidewalk width at every point which is clear and unimpeded for pedestrian traffic. Outdoor dining areas shall not extend more than 10.0 feet into the width of the sidewalk.

Notwithstanding the above, outdoor dining areas shall leave not less than eight (8) consecutive feet of sidewalk width which is clear and unimpeded for pedestrian traffic at all points along State street between Cabrillo Boulevard and Sola Street. Under appropriate conditions and with the approval of the City Engineer, two (2) separated 6 foot clear areas may be considered the equivalent to an 8 foot clear area as provided above.
(Ord.5013, 1997; Ord 4820, 1993)
Bill No. 5032
Ordinance No. 5032
Adopted June 3, 1997
[D:ENOR:OUTDOOR.2] Page 1 of 1
485

CITY OF SANTA BARBARA
ORDINANCE NO. 5013
STATE OF CALIFORNIA }
} ss
COUNTY OF SANTA BARBARA }
I HEREBY CERTIFY That the foregoing Ordinance passed its first reading before the Council of the City of Santa Barbara, and was finally read and adopted on the 3rd day of June, 1997, by the following vote on roll call:

YEAS:

NAYS:

ABSENT:

Councilmembers:

HELENE G. BEAVER

HARTY BLUM

GILBERT GARCIA

MAYOR HARRIET
Councilmembers:

NONE
Councilmembers:

NONE
ABSTAIN: Councilmembers:

NONE
GREGG A. HART
ELINOR G. A. LANGER

TOM ROBERTS
MILLER
It is hereby presented to the Mayor of said City for her approval on this 3rd day of June, 1997.

The foregoing Ordinance is hereby approved and received by me this 3rd day of June, 1997�
or
486
NOTES

1. 1. SEE SPECIFICATIONS SHEET

FOR INFORMATION ON PLANT, POT,

AND PAINT COLOR / TYPE

2. 2. SEE DETAILS SHEET FOR

INFORMATION ON POSTS,
RAILINGS, AND CHAIN.

3. 3. SEE ACCESSIBILITY SHEET

FOR INFORMATION ON

INTERNATIONAL SYMBOL OF

ACCESSIBILITY
8'-2"

REMOVEABLE PAINTED
IRON POST, 36" TALL--+-----

EXISTING TREE WELL

PUBLIC SIDEWALK
-----CHAIN BETWEEN

METAL POSTS
n---,£___;;:::if J---'----� _._..__ REMOVEABLE PAINTED

PAINTED IRON
RAILING, 30" TALL-'----+-_ ....
7'-1"
8'-7"
29" X 29"
TABLE
17-3/4" X 20" CHAIR IRON POST, 36" TALL
r----- ---------1
35" X 35"
ACCSSSIBLE ---- 30" x 49" ACCESSIBLE TABL� i SEATING AREA1,-=---ir-'I I

REMOVEABLE PAINTED
IRON POST, 36" TALL -�-+---J.

L _____ _________ J
17-3/4" X 20" CHAIR

INTERNATIONAL SYMBOL OF ACCESSIBILITY

SHALL BE PLACED AT THE DESIGNATED

ACCESSIBLE SEATING SPACE

EXHIBIT B
Example Site Plan
487
488
ORDINANCE NO. 5801

AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING CHAPTER 9.20 OF THE

SANTA BARBARA MUNICIPAL CODE IN ITS ENTIRETY

PROHIBITING SMOKING IN PUBLIC PLACES
Relevant excerpts include:

C. OUTDOOR DINING AREA. Any area of the City sidewalk or public rightof-way licensed to a food service establishment pursuant to Chapter 9.95.

9.20.020
A.

Areas Where Smoking is Prohibited.

SMOKE-FREE AREAS AND FACILITIES. Santa Barbara aims to be a "smoke-free" city to protect the health, safety, and well-being of city residents. Smoking shall be prohibited city-wide in public places within the City of Santa Barbara including, but not limited to, the following:

1. Public sidewalks, plazas, and paseos, except that smoking is permitted at certain times in outdoor dining areas as outlined in section 9.20.030.

9.20.030
A.

Areas Where Smoking is Pennitted.

AREAS WHERE SMOKING IS PERMITTED. Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this Chapter:
10:00 P.M.

4. Outdoor patio areas and outdoor dining areas of restaurants after 489

9.20.050
A.

Enforcement.

CITY ENFORCEMENT. The City of Santa Barbara, in cooperation with the County Health Officer of the County of Santa Barbara, shall enforce and implement this Chapter.

B. VIOLATIONS/PENALTIES. Any person, business owner or proprietor, or employer of any business or establishment subject to the requirements of this Chapter 7 who violates any mandatory provision of this Chapter shall be guilty of an infraction punishable in accordance with Chapter 1.28 of this Code.

9.20.060
A.

Regulation of the Sale and Distribution of Tobacco Products.

POSTING OF SIGNS. Any person, business, tobacco retailer, or other establishment subject to this Chapter shall post STAKE Act signs at the point of purchase of tobacco products, which are in compliance with signage specifications and state:
'THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 18

YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO
PENALTIES. VALID IDENTIFICATION MAY BE REQUIRED, TO REPORT AN UNLAWFUL TOBACCO SALE, CALL 1-800-SASK-4-JO. BUSINESS AND PROFESSIONS CODE SECTION 22952."
490

INSURANCE REQUIREMENTS FOR OUTDOOR DINING LICENSE
Revised March 2019 Page 1
Insurance Requirements
As part of the consideration of this Agreement, Permittee agrees to purchase and maintain at its sole cost and expense during the life of this agreement, and for five (5) years thereafter, insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Permittee, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations with limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.

If the Permittee maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by the Permittee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTHER INSURANCE PROVISIONS
Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
1) Additional Insured Status
The City of Santa Barbara, its officers, employees, and agents, shall be covered as additional insureds on the Commercial General Liability and the Automobile Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Permittee. Additional Insured coverage shall be provided in the form of an endorsement to the Permittee’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance. 2) Subcontractors
Permittee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Permittee shall ensure that the City is an additional insured on insurance required from subcontractors. For Commercial 491

INSURANCE REQUIREMENTS FOR OUTDOOR DINING LICENSE
Revised March 2019 Page 2
General Liability coverage subcontractors shall provide coverage with a format at least as broad as Insurance Services Office form CG 20 38 04 13. 3) Notice of Cancellation
A provision that coverage will not be cancelled or subject to reduction without written notice given to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
4) Primary Coverage
For any claims related to this contract, the Permittee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Permittee’s insurance and shall not contribute with it. 5) Waiver of Subrogation
Permittee hereby agrees to waive rights of subrogation which any insurer of Permittee may acquire from Permittee by virtue of the payment of any loss.

Permittee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Permittee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Permittee, its employees, agents and subcontractors.

ACCEPTABILITY OF INSURERS
All insurance coverage shall be placed with insurers that have a current rating from AM Best of no less than A: VII; and are admitted insurance companies in the State of California. All other insurers require prior approval of the City.

COVERAGE LIMITS SPECIFICATIONS
Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Permittee may be held responsible for payment of damages resulting from Permittee's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.

If, for any reason, Permittee fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract.

City, at its sole option, may terminate this Agreement and obtain damages from the Permittee resulting from said breach. Alternately, City may purchase such required insurance coverage, and without further notice to Permittee, City may deduct from sums due to Permittee any premium costs advanced by City for such insurance. 492

INSURANCE REQUIREMENTS FOR OUTDOOR DINING LICENSE
Revised March 2019 Page 3

SELF-INSURED RETENTIONS
Any self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Permittee shall cause the insurer to reduce or eliminate such selfinsured retentions as respects the City, its officers, officials, employees, and volunteers; or the Permittee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

EVIDENCE OF COVERAGE
Permittee must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Permittee's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.

Permittee shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause.

All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Permittee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 493

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.c
Meeting Date: June 26 2023
SUBJECT: Discussion and possible action regarding clarification to previous Council direction Streetlight Pole Banners.

PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

At its April 24, 2023 meeting, Council called two motions for changing the policy regarding which banners would be allowed to hang from the city streetlights. The first motion by Councilmember Brown and seconded by Councilmember Clarke allowed for the previously approved banners to be hung for the duration of 2023 and then only Solvang City-sponsored events, such as Danish Days and Julefest, thereafter. After some additional discussion, Mayor pro tem Orona moved to allow the previously approved banners and the red Danish flag-themed Solvang banners, which was seconded by Mayor Infanti and then passed by a 4-1 vote. Subsequent discussion with staff and some Council members has made it clear that there is some confusion about what was actually intended. After consultation with legal counsel, and pursuant to Rosenberg’s Rules of Order, it was determined that the second, more restrictive motion prevails. Since the approved motion did not include language to allow other Citysponsored events, Staff seeks further direction from the Council.

ALTERNATIVES:

The Council may choose from among the following alternatives:

1. Authorize the approved banners (Elverhoj and PCPA) for the remainder of 2023; and/or

2. Authorize the red Danish flag-themed Solvang banners; and/or

3. Authorize specific Solvang event banners (including, but not limited to, Danish Days and Julefest); or

4. Another option as selected by the Council majority
FISCAL IMPACT:

To be determined
ATTACHMENTS:

None
494

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.d
Meeting Date: June 26 2023
SUBJECT: Discussion and possible action regarding Request for Letter of Support for the Community Economic Resilience Fund (CERF) and authorize the Mayor to execute on behalf of the City
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

The Uplift Central Coast Coalition is a partnership of the Economic Development Collaborative, the Monterey Bay Economic Partnership and REACH (Regional Economic Action Coalition), and we have applied for the state’s Community Economic Resilience Fund (CERF). CERF is a grant program created to catalyze planning and action to realize an equitable and sustainable economy across the state’s diverse regions and develop industries that create high-quality, broadly accessible jobs for all Californians.

The six-county region of Santa Cruz, Monterey, San Benito, San Luis Obispo, Santa Barbara, and Ventura counties has been identified as one of 13 regions awarded an initial $5 million planning grant, with the potential to compete for a larger implementation investment from the $600M total state program. The planning grants are intended to create an inclusive economic development process with a focus on equity, sustainability, job quality, economic competitiveness, and resilience bringing together a vast cross-section of community stakeholders.

The City has been requested to participate as a collaborator in this planning process by submitting a letter of support on behalf of the City of Solvang. A draft template is attached in order to partner with the Uplift Coalition as part of the initial High Road Transition Collaborative. Although the preferred deadline was May 30, the City has still been asked by the organizer to submit a letter of support.

ALTERNATIVES:

The council could choose not to send a letter of support.

FISCAL IMPACT:

If the effort is successful, there will be an unknown economic benefit to the City.

ATTACHMENTS:

Letter template
495
[Insert Letterhead]
Support forCollective Partnership Agreement
Community Economic Resilience Fund: Uplift Central Coast [Insert Date]
[Insert Address]
Dear HRTC Convener:

The [insert org] is committed to collaborate with the Uplift Central Coast Coalition to form a High Road Transition Collaborative (HRTC) for the Central Coast region and support CERF Phase I planning efforts.

We are committed to working collaboratively with a wide range of regional stakeholders from a diverse set of interests to participate in the process to create a more inclusive, equitable, and competitive regional economy. To that end, we have reviewed the working governance structure and we agree to participate in the CERF process and support the policies and development of deliverables as they evolve including key elements such as: governance, stakeholder outreach and engagement, capacity building, and data and research.

Our organization represents [insert one sector from this list] sector:

1. Labor Organizations

2. Employers, Businesses and Business Associations

3. Grassroots and community based organizations, community organizers and community members

4. Government Agencies

5. Economic Development Agencies

6. Philanthropic Organizations

7. Education and Training Providers

8. Workforce Entities

9. Environmental Justice Organizations

10. Worker Centers

11. Disinvested Communities

12. California Native American Tribes

13. Other Regional Stakeholders
We serve [insert geographic coverage]
Our primary role in the community is [insert description and role in the community/region] Attachment A
496
Our organization [insert relevant knowledge/experience, reason to be at the planning table, and proposed contribution to Phase I]
The point of contact is
[name]
[title]
[organization]
[email]
[phone]
Sincerely,
[signature]
[date]
497

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.e
Meeting Date: June 26 2023
SUBJECT: Discussion and possible action regarding whether to direct Staff to engage Tom Jones & Associates Inc (TJA) for Tourism Marketing Services in the amount not to exceed $108,000, for the term July 1, 2023 – December 31, 2023, and authorize the Mayor to execute on behalf of the City PREPARED BY: Randy Murphy, City Manager
DISCUSSION:

The Council recently approved contract extensions for Islett and Stiletto to assist with some aspects of the City’s marketing efforts. However, the larger question of how best to move forward remained unanswered. Since TJA Advertising finished second in the City’s recent RFP process, we reached out to them for their help in the development of a complete plan for marketing the City of Solvang and they have provided the attached PowerPoint slides which included a modified scope of work.

Following the presentation, staff requests direction for the following marketing-related issues:

1. Retain TJA to restart the complete marketing effort through December 2023, by which time we could solicit another RFP or choose to extend the term for a full two-year agreement (as was originally proposed in the previous RFP). They have committed to work with our current marketing and social media contractors and establish:
a. New Creative Assets
b. New updated website with new content
c. New event calendar
d. Lodging directory
e. New Dashboard to track marketing success
f. Monthly in-person reports to the CC on status

2. Suspend the search for a Marketing Manager until TJA has reviewed the need a. TJA’s analysis may show that a Coordinator position is more appropriate

3. Suspend or eliminate the Tourism Activity Committee (TAC) a. This is another area for which TJA can provide feedback.

ALTERNATIVES:

The Council may choose from among the following alternatives:

1. Accept some of the above options; or

2. Reject all of the above suggestions and reopen the RFP process; or

3. Another option as selected by the Council majority
FISCAL IMPACT:

Funds allocated as part of the Tourism budget
ATTACHMENTS:

A. Contract
B. PowerPoint presentation
498

CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT

PARTIES AND DATE. This Agreement is made and entered into this 1st day of July, 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 TOM JONES & ASSOCIATES INC a California Corporation with its principal place of business at 500 Cypress St, Ste S-11, Pismo Beach, CA 93449 (“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 $108,000, unless and until this Agreement is amended as provided herein.

Attachment A
499

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.
500

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 501
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.
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4.04 Termination: This agreement shall terminate on December 31, 2023, 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
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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: John Sorgenfrei, CEO
Tom Jones & Associates Inc
500 Cypress St, Ste S-11
Pismo Beach, CA 93449

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 504
agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

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

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

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

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

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 505
reference only, and are not intended to be construed to define or limit the provision to which they relate.

6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.

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

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

CITY OF SOLVANG CONTRACTOR

TOM JONES & ASSOCIATES, INC
By: By:

Mark Infanti, Mayor John Sorgenfrei, CEO
Date: Date:

APPROVED AS TO FORM
Richards, Watson & Gershon

By:

Dave Fleishman, City Attorney
Date:

ATTEST:
_______________________________
Annamarie Porter, City Clerk
506

EXHIBIT A

SCOPE OF WORK,

FEE SCHEDULE
&

PROJECT SCHEDULE
507
▪ Assent audit and creative production
Time frame- 3 to 4 weeks $7,000
▪ Website Development
Time Frame 3- 4 months $22,0000
▪ Social Media Management
Time Frame monthly 6 months $2000 per month total $12,000 ▪ Fall Advertising
Time Frame Late September-November LA Times $25,000 Sept-November Target Social Media Advertising Sept-Dec $2000 per month total $18,000Crowdriff Annual $6,000 ▪ Account Service retainer monthly website maintenance updates $3000 per month total $18,000▪ GRAND TOTAL $108,000 Cost Breakdown
508

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 509
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. 510

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.
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City of Solvang
Six Month Plan
TJAAdvertising.com Prepared for City of Solvang By TJA Advertising 512
TJA is a full service proven tourism marketing firm
▪ Website design▪ Social Media Management▪ Graphic Design, Video and Photo Production ▪ Advertising/Media▪ Branding Thank you for this opportunity Six Month Plan – Long Term Objectives 513
The partnership between The City of Solvang and TJA will include a complete turnkey, multi-layered approach that drives response from our marketing efforts to increase lodging occupancy and business and restaurant patronage. Together, these marketing efforts will reinforce and revitalize the City’s brand, inevitably increasing its economic growth.

A Successful Partnership – TJA and The City of Solvang
514
Solvang and Pismo Beach share a common position as it relates to TOT and the need to pay for the City Services that residents enjoy. TJA knows how important this is to our clients. Here are five of the top ten cities most dependent on TOT and building their General Funds. ▪ Mammoth Lakes ▪ Avalon ▪ South Lake Tahoe▪ Solvang ▪ Pismo Beach We Know The Importance Of Building TOT
515
▪ Audit of current creative assets
▪ New photography, copy and short videos produced where needed▪ New Website on a new platform refreshed and updated▪ Social Media enhancements (Working in partnership with current vendor)▪ Highly targeted Fall Advertising campaign ▪ Revised long term marketing plan after six months Phased Approach for Marketing – What We Will Do For You 516
▪ TJA will do an audit of all current creative assets including photography, videos and new copy for social media, website development and updating of advertising for future campaigns ▪ Once the audit is complete TJA will direct new photo shoots to cover retail, dining and lodging ▪ These assets can also be shared with those businesses, Chamber and others to cross promote together
Creative Asset Building
517
▪ TJA will conduct an audit of the current website, to do so we will need some additional information and passwords to do this properly
▪ Gain access to Google Analytics to build a baseline for future improvements - Very important to do this access prior to June 30th as this data will be gone due to new ways Google will be reporting ▪ Explore lodging listings outside of Solvang ( why are competitor cities on the site now that don’t contribute to TOT?)
Website Refresh and Update
518
▪ TJA will build a new website using a WordPress platform for easier function and future maintenance of the site
▪ New site will be designed to view on all mobile devices and will have a new event calendar▪ Site will feature enhanced lodging listing (Solvang only) trackable external links to each property website and create a lodging special page to use for marketing and increasing TOT ▪ New video and photo elements will be added and updated throughout the entire site▪ Site will now be designed to better accommodate blogs and landing pages for events Website Refresh and Update Cont.
519
▪ TJA needs to access the CMS spreadsheet which contains all the current website copy, links and listings, this will make building a new website on another platform such as WordPress much easier and save time and money ▪ TJA can produce a Dashboard/Marketing Portal that will show in real time current marketing campaigns and past campaigns with measurements showing ROI of each effort. In addition Dashboard will house current and past press releases, and showcase all social media efforts and their ROI as well. This is an option if funds are not available for this asset in the first six months.

Website Refresh and Update Cont.
520
▪ TJA is willing to partner with current contractors and support efforts with added platforms and tactics.

After the six-month trial, we would be happy to continue to work with them to provide us with local “boots on the ground” content. ▪ Email Newsletter: TJA can use MailChimp to create compelling email newsletters on a monthly or quarterly basis to engage subscribers, keep Solvang top of mind and promote major upcoming local events.

Social Media Support
521
▪ Blogging: Implement improved and more frequent blog postings highlighting all that the town and the surrounding area has to offer. This will also help with SEO goals and objectives for the website. ▪ Expanded Presence: We strongly suggest expanding Solvang's presence to Pinterest, YouTube, and Twitter. Through reusing content from main social channels, we can target to different audiences on other channels. ▪ Influencer Outreach and Coordination: Partner with influencers to stay, photograph, and create content that we can utilize for our marketing efforts, thereby, saving the City costs on future production.

Additional Social Media Efforts
522
▪ TJA is skilled at creating captivating social media ads and serving them to niche demographics through Meta and Pinterest. The social media team is then able to work with the web team to track user actions and prove ROI based on a custom equation created from number of lodging referrals and average booking rate.

Social Media Ads
523
▪ CrowdRiff is visual content marketing software for travel and hospitality brands that enables us to source, distribute and optimize visuals. Through it, we can gain legal rights to User Generated Content (UGC) and publish LocalHood stories that are served on Google Discover and the Visit California website. Additionally, we are able to pull in photos and create website galleries that are embedded on the site to improve visuals and boost SEO.

CrowdRiff Membership for Social Media
524
▪ Target both Southern California and the Bay Area
▪ Upscale adults 25-55 plus ▪ Household Income $150,000▪ Target wine lovers, golfers, foodies outdoor enthusiasts ▪ Branding and Awareness Late Summer/Fall Midweek Advertising Campaign
525
Los Angeles Times, Orange County News Group and Bay Area News ▪ Digital ▪ Print▪ Social Media ▪ Native Stories
Late Summer/Fall Midweek Advertising Campaign Continued 526
Creative Approach
527
▪ We encourage the Council to please review again our original RFP which outlines in detail our goals and objectives, the target audiences, how we work, and our suggested Strategies for Solvang. It clearly states our plan ahead for Solvang and its successful marketing future with TJA.

Why TJA Advertising?
528
TJA measures our service to our clients by not just months, or even years; we measure it by decades.
▪ Pismo Beach - 27 years of service by TJA ▪ Morro Bay - over 22 years ▪ Area Agency on Aging - 26 years▪ Avila Beach Tourism - 23 years▪ Michaels Optical - over 40 years (one of TJA’s first clients) We Measure Our Client Relationships By Decades
529
▪ New Creative Assets- 50 new photos, 5 new short form videos for website and social media efforts ▪ New updated website on WordPress platform with new content, new event calendar, lodging directory ▪ New Dashboard to track marketing success in real time if budget can accommodate▪ New higher level social media program to build business revenues and lodging TOT▪ New Marketing effort in the Los Angeles Times and Optional Bay Area New Group ▪ A new marketing partner that you can trust and that puts your interests FIRST New Marketing Assets What You Will have
530
▪ Assent audit and creative production
Time frame- 3 to 4 weeks $7,000
▪ Website Development
Time Frame 3- 4 months $22,0000
▪ Social Media Management
Time Frame monthly 6 months $2000 per month total $12,000 ▪ Fall Advertising
Time Frame Late September-November LA Times $25,000 Sept-November Target Social Media Advertising Sept-Dec $2000 per month total $18,000Crowdriff Annual $6,000 ▪ Account Service retainer monthly website maintenance updates $3000 per month total $18,000▪ GRAND TOTAL $108,000 Cost Breakdown
531
▪ Bay Area News Group Advertising in addition to LA Times $30,000 ▪ Create Custom Dash Board $5000
Options and Additions if Funding is Available
532