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Agenda

Solvang City Council
July 24, 2023

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Agenda
Meeting
July 24, 2023
Body
Solvang City Council
Pages
3
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Text extracted from the city's file for reading and search. Open the original on www.cityofsolvang.com. That file is the official record.

229

APPENDIX E
Proof of Newspaper Publication
230
Notice intent WWTP Quality improvement - Page 1 of 2
FILER
Annamarie Porter
aporter@cityofsolvang. com
805) 688- 5575

FILING FOR
Santa Ynez Valley News
Columns Wide: 1
Ad Class: Legals

OFFICIAL AD PROOF
This is the proof of your ad scheduled to run in Santa Ynez Valley News on the dates indicated below. If changes are needed, please contact us prior to deadline at (805 ) 688-5522 .

Notice ID: G3qoJeJwwYeZrm6GM3mk | Proof Updated: Dec. 30, 2022 at 09:31am PST Notice Name: Notice intent WWTP Quality improvement | Publisher ID: 137885 This is not an invoice. Below is an estimated price, and it is subject to change. You will receive an invoice with the final price upon invoice creation by the publisher.
12/29/2022: Other Notice 148. 05
Subtotal $ 148.05
Tax (0%)$ 0.00
Processing Fee $ 14.81
Total $ 162. 86
See Proof on Next Page
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Notice intent WWTP Quality improvement - Page 2 of 2
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were not]
was not]

2. _______________________________________
_________________________________________ _______________________________________ ___________________________________________________________________________________ Print Form
Notice of Determination Appendix D
To: From:

Office of Planning and Research Public Agency: ___________________________ U.S. Mail: Address: ________________________________
P.O. Box 3044
Sacramento, CA 95812-3044
Street Address:
1400 Tenth St., Rm 113
Sacramento, CA 95814
_______________________________________
Contact: _________________________________
Phone: __________________________________
County Clerk
Lead Agency (if different from above): County of: _________________________________ Address: __________________________________ Address: ________________________________ Contact: _________________________________
Phone: __________________________________
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse):______________________________ Project Title: _________________________________________________________________________ Project Applicant: _____________________________________________________________________ Project Location (include county):_________________________________________________________ Project Description:

This is to advise that the ____________________________________________ has approved the above ( Lead Agency or Responsible Agency)
described project on _______________ and has made the following determinations regarding the above (date)
described project.

1. The project [ will will not] have a significant effect on the environment.

2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.

A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [ were made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan [ was was not] adopted for this project.

5. A statement of Overriding Considerations [ was adopted for this project.

6. Findings [ were were not] made pursuant to the provisions of CEQA.

This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:

Signature (Public Agency): _____________________________ Title: ____________________________ Date: _______________________________ Date Received for filing at OPR: ____________________ Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code. Revised 2011 233

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.c
Meeting Date: July 24, 2023
SUBJECT: Discussion and possible action to Award the Contract to West Coast Arborists for City Wide on-call Tree Services in the amount not to exceed $136,000 per year, for a total amount not to exceed $408,000 for the term July 24, 2023 – June 30, 2026, and authorize the Mayor to execute on behalf of the City PREPARED BY: Rodger A. Olds, Public Works Director/City Engineer DISCUSSION:

The City of Solvang Public Works Department has a continuing need for annual tree services. Tree services includes assisting city staff with the annual tree maintenance of street and park trees owned and maintained by the city, on-call labor and equipment to respond to emergency and unanticipated events, a on-call certified arborist, and maintaining the City’s database of City owned trees.

The City advertised a Request for Proposals (RFP) for Tree Services on April 14, 2023 on the City’s PlanetBids portal site. A link to the RFP was posted on the City’s Web page. PlanetBids automatically notified twenty-four (24) vendors withing the City’s vendor listing, and twenty-eight (28) landscape vendors outside of the City’s vendor listing. Ten (10) landscaping vendors expressed interest in the RFP by viewing the RFP on the City PlantBids portal and downloading the RFP. The City received four (4) proposals on May 5, 2023. The proposals were scored by three independent raters taking into account responsiveness and completeness of each proposal, experience and qualifications or each firm, the ability to respond quickly to the City’s tree services needs and cost for services. The proposal provided by West Coast Arborists (WCA) was the unanimously preferred proposal. The cost proposal does request an annual 4-percent increase in rates to keep pace with prevailing wage rates for public agency work. Staff views this annual increase as reasonable, since the increase would be realized if this contract were based on a single year-to-year contract and procurement process. The increase does not impact overall amount of the contract due to the on-call nature of the contract.

WCA has performed on-call professional level tree trimming and maintenance services for the City since 2014. They are experienced and are familiar with the needs of the city of Solvang and are capable of providing all necessary tree services including providing arborists trained to assess the health and viability of the trees within the City and tree inventory database management. Staff anticipates utilizing WCA as an on-call contractor to compliment City public works and parks staff to provide full-service to the City for all tree service related needs.

The proposed annual on-call contract amount of $136,000 matches the FY2023/24 approved budget amount for street trees and tree maintenance in Hans Christian Andersen Park and Sunny Fields Park.

Staff will work within established operational budgets for tree services in the implementation of this contract for this fiscal year and subsequent years throughout the term of this contract.

ALTERNATIVES:

City Council could deny Staff’s request for this contract. Staff currently does not have the personnel, equipment and certified arborist expertise to meet all of the tree services needs of the City.

FISCAL IMPACT:

The cost of tree services is currently budgeted. There are no additional fiscal impacts to this contract.

ATTACHMENTS:

A – WCA, Inc. – Agreement
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CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT

PARTIES AND DATE. This Agreement is made and entered into this 24th 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 WEST COAST ARBORISTS, INC., a California Corporation with its principal place of business at 2200 E. Via Burton Street Anaheim, CA 92806 (“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 $408,000 ($136,000 Annually), unless and until this Agreement is amended as provided herein. 235
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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.
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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 237
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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 Date of termination, 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.
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6.0 MISCELLANEOUS

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

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Dave Fleishman
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401

TO CONSULTANT: West Coast Arborists, Inc.

Partick Mahoney, President
2200 E. Via Burton Street
Anaheim, CA 92806

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 240
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correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

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

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

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

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

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 241
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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
West Coast Arborists, Inc.

By: By:

Randy Murphy, City Manager Partick Mahoney, President
Date: Date:

APPROVED AS TO FORM
Richards, Watson & Gershon

By:

Dave Fleishman, City Attorney
Date:

ATTEST:
_______________________________
Annamarie Porter, City Clerk
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EXHIBIT A

SCOPE OF WORK,

FEE SCHEDULE
&

PROJECT SCHEDULE
243
Cannon Corporation – Water Wastewater Engineering Services

EXHIBIT A

SCOPE OF SERVICES
A. Annual City Street Tree Maintenance: Street Tree Maintenance will be required for all City Street Trees on a hybrid annual cycle with a core area of the City being maintained on an annual basis and the remainder of the City trees receiving service and updated documentation on a 4-year rotating cycle. This schedule will be as directed by City Staff. The scope of work includes the following specifications:

1. The removal of all dead limbs and other dead parts from the tree.

2. Trim and thin out entire tree including reshaping and crown reduction.

3. The use of climbing spurs or spike shoes in the act of trimming trees is prohibited.

4. Contractor is required to perform site inspections, take their own measurements, and verify all site conditions.

5. Contractor is responsible for all beehive removal coinciding with these services.

B. On-call Tree Services: The City requires occasional tree assessment, restorative and/or removal services. The scope of work includes the following:

1. Tree assessment by Arborist - This includes the assessment and recommendation to remove or save trees which have been root pruned or appear to be in distress due to various conditions.

This would also include a recommended treatment to improve the viability of the tree. The City’s expectation is that an Arborist will be responsive withing 48-hours of contact by the City for service.

2. Tree removal – This included the full removal and disposal of any tree within the City as determined by the Director of Public Works or his assigned representative.

3. Stump Grinding – as necessary and as determined by the Director of Public Works or his assigned representative.

4. Planting of Trees – As determined and directed by the Director of Public Works or his assigned representative.

C. Annual Reporting and Documentation: Contractor to provide an annual report updating the City’s current database of Street trees in a format capable of being converted into the City’s GIS Database. Schedule of the reporting will be on a 4-year cycle consistent with Exhibit A.

244
Cannon Corporation – Water Wastewater Engineering Services D. Additional requirements: the following requirements for operation withing the City of Solvang include but are not limited to the following:

1. Safety Requirements
a. Traffic Control Plan - A traffic control plan shall be submitted to the Public Works Department for review and approval seventy-two (72) hours prior to the start of the work involving intersections, street closures, and detours.
b. The traffic control plan shall show the work area and any traffic control devices necessary to regulate and direct traffic. The traffic control plan shall be in accordance with the California Manual of Uniform Traffic Control Devices (CAMUTCD), latest edition. c. If the Contractor becomes negligent in furnishing warning and protective measures, the Public Works Director or his designee may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed immediately by the Contractor at his expense. Should the Public Works Director point out the inadequacy of warning and protective measures; such action on part of the Public Works Director shall not relieve the Contractor from his responsibility to provide all of the necessary safety devices.
d. Public Safety and Cooperation - All City Street Tree trimming work shall be conducted in a manner as to cause the least possible interference or annoyance to others. e. The Contractor shall notify the public of intent to trim in their area by posting a notice at least forty-eight (48) hours before commencement of work. f. Pedestrian and vehicular traffic shall be allowed to pass through the work area only under conditions of safety and with as little inconvenience and delay as possible. g. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress.
h. When larger tree sections are being cut in a tree top, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner.
i. All fire hydrants, meter vaults, water and gas shut off valves and similar facilities must remain accessible during the course of work. Clear passage and least amount of inconvenience to public traffic ways, business and residences shall be maintained. j. Noise levels, resulting from tree work operations, must be kept to the minimum at all times and must comply with any noise ordinance of the City of Solvang. 245
Cannon Corporation – Water Wastewater Engineering Services k. Operation of work equipment should take place between normal City business hours 7:00 a. m. and 5:00 p.m., Monday through Friday. No work is to be conducted on weekends or City recognized holidays unless prior written approval has been granted by the Public Works Director.

2. Damage to Public or Private Property
a. No work shall be performed by the Contractor on private property without the express written approval of the property owner.
b. Should any structure or property be damaged during permitted or contracted tree operations the Contractor’s on duty supervisor conducting the work shall immediately contact the Public Works Director and the proper owners.
c. Repairs to property damaged by the Contractor shall be made in accordance with the appropriate building code under permits issued by the City. d. Any damage caused by the Contractor shall be repaired or restored by the Contractor at their expense to a condition similar in a manner acceptable to the City. e. Special attention is drawn to sprinkler systems in City parkways and the need to avoid damage or repair damage as soon as possible.
f. Special Attention is drawn to the tree lighting in the City’s Downtown area which should be carefully maintained during the street tree maintenance of said trees.

3. Site Cleanup
a. Cleanup of any debris resulting from any tree trimming operations shall be promptly and properly accomplished.
b. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such manner as to result as a hazard to the public.
c. All debris from tree operations shall be cleaned up each day before the work crews leave the work site.
d. All lawn areas, parkways streets and sidewalks shall be raked and/or blown clean, and all brush branches or other debris shall be removed from the site. e. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree trimming operations.
f. All cutting, branches, wood chips and other debris shall be cleaned from the site and disposed of by the Contractor. Disposal of debris generated by the Contractor’s Tree Service operation can be disposed of at the Hans Christian Anderson Park Site located 246
Cannon Corporation – Water Wastewater Engineering Services within the City of Solvang. Contractor is responsible for transporting and delivery to the location within the park site as designated by the City.

FEE SCHEDULE
WEST COAST ARBORISTS, INC. – RATE SCHEDULE

CITY OF SOLVANG

ON-CALL TREE SERVICES
Description Unit Unit Cost
Tree Pruning/Crown Thinning/Palm Services per man hour $105.00 A standard tree pruning crew consists of 3 to 5 workers depending on the work assignment, aerial tower, and chipper truck and Vermeer chipper. Price includes standard equipment and standard traffic control.

Tree Removal Services per man hour $105.00
A standard tree removal crew consists of 3 to 6 workers depending on the work assignment, with equipment. Price includes standard equipment and standard traffic control.

Stump Removal Services per man hour $105.00
A standard stump removal crew consists of 2 to 3 workers depending on the work assignment, with equipment. Price includes standard equipment and standard traffic control.

Typical work hours are from 7am – 4pm, Monday – Friday.

Please note that the size of any crew can be modified for each project and/or need of the City.

Emergency Response Services per man hour $135.00
WCA is available for emergency calls on a 24-hour basis. WCA has a toll-free emergency telephone number to call in the event of an emergency. Customers can call 866-LIMB-DOWN (866-546-2369) and one of our Area Managers will respond to the call. Should an emergency call-out occur during regular business hours, evening hours, weekends and/or holidays, we can respond and begin work on-site between 90 to 180 minutes from the time notification was given.

Our emergency response team will do what is necessary to leave the tree site safe until the following workday.

Please note that the size of any crew can be modified for each project and/or need of the City.

Specialty Equipment per hour $165.00
(i.e., 20-Ton crane, 95-foot aerial tower, loader/roll-off, or Bobcat) 4-hour minimum
247
Cannon Corporation – Water Wastewater Engineering Services Tree Planting Services (includes, labor, tree, stakes, ties and initial watering) 15-Gallon tree Each $220.00
24-inch box tree Each $420.00
36-inch box tree Each $1,500.00
48-inch box tree Each $2,800.00
Arborist Consulting Services
• Consulting Services including Report Writing Per hour $175.00 (2-hour min.) Travel included
• Construction Project Inspection (2-hour min.) Per hour $175.00 • Presentation to City Council, etc. Per Hour $175.00
(2-hour min.)
• Laboratory testing (i.e., Soil, limb, etc.) Each Cost + 15% Tree inventory Services Per Tree Site $4.50
Conduct a comprehensive GPS tree inventory of all City-owned trees including trees at facilities and tree vacant sites.

ANNUAL COST ADJUSTMENT
WCA pays its field employees the latest California prevailing wage for the Craft: Tree Maintenance Labor as published by the state’s Department of Industrial Relations. This wage determination contains pre-determined increases annually each July 1st through 2025. To comply with the latest prevailing wage, we will request an annual cost adjustment of 4%, effective each July 1 while under contract.
248
Cannon Corporation – Water Wastewater Engineering Services

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 249
Cannon Corporation – Water Wastewater Engineering Services 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. 250
Cannon Corporation – Water Wastewater Engineering Services

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.
251
West Coast Arborists

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 252
West Coast Arborists
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. 253
West Coast Arborists

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.
254

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.d
Meeting Date: July 24, 2023
SUBJECT: Discussion and possible action to approve the request for a Letter of Public Convenience or Necessity for El Rinconsito Market at 1656 Fir Avenue
PREPARED BY: Sophia Checa, Planning Consultant
DISCUSSION:

The Business and Professions Code requires the California Department of Alcoholic Beverage Control (ABC) to deny an application for a license to sell alcoholic beverages at a premises where a higher of certain license types concentration exists within a census tract, unless the local governing body determines that public convenience or necessity would be served by the issuance of a license. At their August 23, 2010 Meeting, the City Council established a policy that all requests for Letters of Public Convenience or Necessity (PCN) be brought before the Council as a regular agenda item. PCNs are required for the following license types: 20, 21, 40, 42, and 48.

El Rinconsito Market, formerly La Morena Market, located at 1656 Fir Avenue is seeking a type 20 license for their market. There is an existing Type 20 for the location, license number 328375, for La Morena Market. The entity is transferring the license to El Rinconsito Market.

According to a report downloaded from the ABC website, there are 106 licenses in the City of Solvang.

Most licenses are Type 41 On-Sale General – Eating Place. This type accounts for 27% of ABC Licenses in Solvang. There are 4 Type 20 Licenses, including the license currently held by La Morena Market; these represent 4% of licenses in the city. There are 17 licenses that require a PCN - types 20, 21, 40, 42, and 48; these account for 16% of the licenses.

ALTERNATIVES:

City Council can deny this request for a Letter of Public Convenience and Necessity. The Applicant will not be able to obtain a Type 20 ABC License.

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

A – Letter from El Rinconsito Market
B – License Type Data Analysis
255

EL RINCONSITO MARKET
July 11, 2023
City of Solvang
1656FIRAVE
STEA&B
SOLVANG, CA 93463
Dept. of Planning and Development
1644 Oak Street
Solvang CA 93463
To whom it may concern:

In accordance with the provisions of Section 23958.4 of the Business & Professions Code, we would like to submit the following consideration to demonstrate our request for an approval in that the public convenience and necessity will be served and that the request is consistent with other applicants that have been approved throughout the city.

Location: The location was most recently licensed as a small market with limited food service and a beer and wine ABC license. There have been no problems or prior violations at this location. There are several commercial businesses located around this premises. We are located in a standalone building. There are residential units on the second floor of our building.

Business purpose and Convenience: Our concept is to continue and provide a Mexican marketplace. There was previously a market at this location, which closed last year, this left a void in the community which provided a venue for obtaining authentic traditional Mexican products and food to go. Our goal is to continue the tradition of this market as the previous owners had. La Morena Market was an established market for the last 25+ years. They serviced not only the Hispanic community but the entire city of Solvang.

Our plan is to carry a variety of specialty or seasonal products as well as fresh cut meats, produce and a variety of other products used in tradition Mexican culture. We would also like to offer tradition Mexican food to go, made fresh to order.

Well, there are a number of markets in the valley there is none that offer the selections we will in traditional products. There is no other Mexican markets in the Santa Ynez Valley.

Attachment A
256
Management: The owners of this market have experience in the operation of other businesses in the valley. Miguel and I have owned and operated the Santa Ynez paint store for over 5 years. We will be bringing our knowledge to the operation of this business. Our years of experience here in the valley have brought attention to the needs of the community and we feel this business will help fill this void.

Customer Base: We know that a majority of our customer base will be within the Hispanic or Latino communities, however, we have learned that there is a need throughout the entire Santa Ynez Valley. Our chef has a deep knowledge of traditional Mexican cuisine. The market will offer foods and products that run deep into our community roots that does not currently exist in the valley.

Positive impact to community: By having these products and traditional foods/meats available to the people in our community this will afford them the time and expense so they will not have to travel to Lompoc, Santa Maria or Santa Barbara to obtain traditional products. Or leave Solvang to obtain affordable traditional Hispanic foods to go.

An approval of this license application will provide both locals and tourists in Solvang with a selection of Mexican wines and beer, as well as local selections.

Thank you for your time and consideration in this matter.

Sincerely,
�Diaz �uP\�
Managing Member
El Rinconsito Market LLC
257
i;;
Dep;;irt'.nent of Alcoholic Beverage Control

INFORMATION AND INSTRUCTIONS -
SECTION 23958.4 B&P
State of California
Gavin Newsom, Governor
Instructions This form is to be used for all applications for original issuance or premises to premises transfer of licenses. • Part 1 is to be completed by an ABC employee, given to applicant with pre-application package, with copy retained in holding file or applicant's district file.
• Pait 2 is to be completed by the applicant, and returned to ABC.

Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC.

PART 1 - TO BE COMPLETED BY ABC

1. APPLICANT'S NAME

EL RINCONSITO MARKET LLC

2. PREMISES ADDRESS (Street number and name, city. zip code) 1656 FIR AVE STE A&B SOLVANG, CA 93463

4. TYPE OF BUSINESS
n Full Service Restaurant
D Deli or Specialty Restaurant
D Cafe/Coffee Shop
D Bed & Breakfast:

Owine only ,-, !_JAIi
,--,
j__J Supermarket
n Liquor Store
D Hofbrau/Cafeteria
I] Comedy Club
DBrewPub
□Theater
D Cocktail Lounge
□Night Club
0Tavern: Beer
0Tavern: Beer & Wine
D Service Station
t:8:1 Convenience Market

3. LICENSE TYPE
20 D Private Club
D Veterans Club
D Fraternal Club
Owine Tasting Room
D Swap Meet/Flea Market
D Drive-in Dairy
!- J DrugNariety Store
!-! Other - describe:
0 Membership Store
[J Department Store
LJ Florist/Gift Shop D Convenience Market w/Gasoline
L__J

5. COUNTY POPULATION j6. TOTAL NUMBER OF ucENsEs IN couNTY I D On-Sale D Off-Sale
. ---·-·---·-··-----------

7. RATIO OF LICENSES TO POPULATION IN COUNTY
17 On-Sale !] Off-Sale

8. CENSUS TRACT NUMBE-R ------�1 fL NO. OF LICENSES ALLOWED IN CENSUS TRACT 10. No. OF LICENSES EXISTING IN CENSUS TRACT

19. 09 : 3 � On-Sale □ Off-Sale 5 � On-Sale [j Off-Sale

11. IS THE ABOVE CENSUS TRACT OVERCONCENTRA TED WITH LICENSES? (i.e., does the ratio of licenses to population in the census tract exceed the ratio of licenses to population for the entire county?) l:RJ Yes, the number of existing licenses exceeds the number allowed 0 No, the number of existing licenses is lower than the number allowed ------ --- ------- --------------- ·

12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STAl ISTICS? I I Yes (Go to Item #13) [Ki No (Go to Item #20)

13. CRIME REPORTING DISTRICT NUMBER
... - --------���������--- ---r-c--ccc=ccc-�c=-c=-cc=--==-c=c-=-:-:--c-=-= I 14. TOTAL NUMBER OF REPORTING DISTRICTS 15. TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRICTS

16. AVERAGE NO. OF OFFENSES PER DISTRICT 17. 120% OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT

19. IS THE PREMISES LOCATED IN A HIGH CRIME REPORTING .. DISTRICT? (i.e., has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency) 17 LJ Yes, the total number of offenses in the reporting district equals or exceeds the total number in item #17 r7 i_J No, the total number of offenses in the reporting district is lower than the total number in item #17 ------------------ -------------- 2 ·
�"�
CHECK THE BOX THAT APPLIES (check only one box)
'
La i a. If "No" is checked in both item #11 and item #19, Section 23958.4 B&P does not apply to this application, and no additional information will be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. b. If "Yes" is checked in either item #11 Q[ item #19, and the applicant is applying for a non-retail license, a retail bona fide public eating place license, a retail license issued for a hotel, motel or other lodging establishment as defined in Section 25503.16(b) B&P, or a retail license issued in conjuction with a beer manufacturer's license, or winegrower's license, advise the applicant to complete Section 2 and bring the completed form to ABC when filing the application or as soon as possible thereafter.
c. If "Yes" is checked in either item #11 Q[ item #19, and the applicant is applying for an off-sale beer and wine license, an off-sale general license, an onsale beer license, an on-sale beer and wine (public premises) license, or an on-sale general (public premises) license, advise the applicant to take this form to the local governing body, or its designated subordinate officer or body to have them complete Section 3. The completed form will need to be provided to ABC in order to process the application.

Governing Body/Designated Subordinate t\lame: CITY ADMINISTRATOR/PLANNING DIRECTOR fOR DEPARTMENT USE ONLY
··----- -- - ------------ ------··-- ·--- - ----------
PREP11RED BY (Mame oi Department Employee)

CINDY STUPPY
-------------------------------------------------------------- ABC-245 (rev. 01-11)
258

21. Based on the information on the reverse, the Department may approve your application if you can show that public convenience or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in this area. You may attach a separate sheet or additional documention, if desired. Do not proceed to Part 3.

22. APPLICANT SIGNATURE ----- -·--- -- -
1 2-3._DA_ _T_E S__IG-NED
PART 3 -TO BE C LETED BY LOCAL OFFICIALS (If box #20c is checked) -----''-- ----------- ---- The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e., an over-concentration of licenses and/or a higlier than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.

Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity.

24. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOH-OLIC BEVERAGEI.ICENSE�? -------- --
--
-•------
-
------
·
--. -
·
·
·
·
C Yes [] No [ ·j
See Attached (i.e., letter, resolution, etc.)
-

25. ADDITIONAL COMMENTs.ii= DESIRED (may include reason$/or apprc,valor deniai of public convenience·o,-necessity):
·--··-
-
-·
·
·•··
---· - --- -· -----·
---·-·- - ---
-·
·----- -------------·-·-----·---·----·----··
-----------·-· --·--------·----. - ···-·------
------------ -------- --- ---
------·-------------. ---.,--···
---------------- ---------- -------
·-··-···
·--· -------·-·-------
---- --- --- --- .

29. CITY/COUNTY OFFICIAL SIGNATURE
ABC-245 REVERSE (rev. 01-11)
1 28. CITY/COUNTY OFFICIAL PHONE NUMBER
I
;30. DATE SIGNED
259
No License Number Status License Type Orig. Iss. Date Expir. Date Primary Owner Premises Addr. Business Name Geo Code 1 646800 ACTIVE 2 7/13/2023 6/30/2024 KINGS CAREY LLC 1210 MISSION DR, STE 103,SOLVANG, CA 93463-2978Census Tract: 0019.09 KINGS CAREY 4206 2 596689 ACTIVE 2 10/29/2018 6/30/2024 SFW, LLC 1582 & 1584 MISSION DR,SOLVANG, CA 93463Census Tract: 0019.03 SANGER FAMILY OF WINES THE 4206 3 588932 ACTIVE 2 1/5/2018 6/30/2024 FINAL BLEND WINE COMPANY, LLC 1588 MISSION DR,SOLVANG, CA 93463Census Tract: 0019.03 FINAL BLEND WINE COMPANY/D VOLK WINES 4206 4 593218 ACTIVE 2 7/10/2018 6/30/2023 OLIVE HOUSE INC 1603 COPENHAGEN DR STE 1,SOLVANG, CA 93463-2700Census Tract: 0019.03 FEELEY WINES 4206 5 629731 ACTIVE 2 11/16/2021 6/30/2024 VIN DE ZO, LLC 1607 MISSION DR , STE 300 & 306,SOLVANG, CA 93463-3640Census Tract: 0019.03 ALMA ROSA WINERY & VINEYARD 4206 6 518906 ACTIVE 2 7/13/2012 6/30/2023 FAUST AVENUE LLC 1607 MISSION DR, STE 111 & 112,SOLVANG, CA 93463-3651Census Tract: 0019.03 CASA CASSARA WINERY & VINEYARD 4206 7 624235 ACTIVE 2 6/25/2021 6/30/2024 MCCLAIN FAMILY CELLARS, INC. 1623 MISSION DR, STE B, C & D,SOLVANG, CA 93463-2636Census Tract: 0019.03 MCCLAIN CELLARS 4206 8 626608 ACTIVE 2 7/30/2021 6/30/2023 EAST VALLEY WINES LLC 1623 MISSION DR, STE E & F,SOLVANG, CA 93463Census Tract: 0019.03 DASCOMB CELLARS 4206 9 626764 ACTIVE 2 10/6/2021 6/30/2023 TERLINDEN, ETIENNE CHARLES 1623 MISSION DR, STE I & J,SOLVANG, CA 93463-2636Census Tract: 0019.03 CORDON 4206 10 627367 ACTIVE 2 11/3/2021 6/30/2024 VIN DE ZO, LLC 1623 MISSION DR, STE M & N,SOLVANG, CA 93463-2636Census Tract: 0019.03 ALMA ROSA WINERY & VINEYARD 4206 11 387242 ACTIVE 2 5/31/2002 6/30/2024 LUCAS AND LEWELLEN VINEYARDS INC 1645 COPENHAGEN DR,SOLVANG, CA 93463Census Tract: 0019.03 LUCAS & LEWELLEN VINEYARDS 4206 12 617627 ACTIVE 2 8/25/2020 6/30/2024 LUCAS AND LEWELLEN VINEYARDS INC 1650 COPENHAGEN DR,SOLVANG, CA 93463Census Tract: 0019.03 MANDOLINA VINEYARDS 4206 13 532641 ACTIVE 2 7/23/2013 6/30/2024 CALIFORNIA LOVE WINES LLC 1651 COPENHAGEN DR,SOLVANG, CA 93463-3742Census Tract: 0019.03 CALI LOVE WINE 4206 14 409740 ACTIVE 2 5/4/2004 6/30/2023 LIONS PEAK 1659 COPENHAGEN DR, STE A,SOLVANG, CA 93463-3742Census Tract: 0019.03 LIONS PEAK 4206 15 606065 ACTIVE 2 10/29/2019 6/30/2023 CRAWFORD FAMILY WINES, LLC 1661 MISSION DR,SOLVANG, CA 93463-2632Census Tract: 0019.09 CRAWFORD FAMILY WINES 4206 16 606727 ACTIVE 2 7/24/2019 6/30/2023 GLEASON FAMILY VINEYARDS, LP 1687 MISSION DR,SOLVANG, CA 93463Census Tract: 0019.03 GLEASON FAMILY VINEYARDS, ROBLAR, ROYAL OAKS WINERY 4206 17 584235 ACTIVE 2 10/3/2017 6/30/2024 FELIZ NOCHE CELLARS, LLC 473 ATTERDAG RD, UNIT 103,SOLVANG, CA 93463-3744Census Tract: 0019.10 FELIZ NOCHE 4206 18 635188 ACTIVE 6 7/15/2022 6/30/2023 URIBE-RICO, ALEJANDRO 606 ALAMO PINTADO RD, STE 5 & 6,SOLVANG, CA 93463Census Tract: 0019.10 CALIFORNIA TACOS 4206 19 555018 ACTIVE 9 3/30/2015 6/30/2024 LOCAL CRAFT DISTRIBUTION INC 1230 MISSION DR, BLDG 9,SOLVANG, CA 93463-2930Census Tract: 0019.03 LOCAL CRAFT DISTRIBUTION 4206 20 555018 ACTIVE 12 3/30/2015 6/30/2024 LOCAL CRAFT DISTRIBUTION INC 1230 MISSION DR, BLDG 9,SOLVANG, CA 93463-2930Census Tract: 0019.03 LOCAL CRAFT DISTRIBUTION 4206 21 555018 ACTIVE 14 3/30/2015 11/30/2023 LOCAL CRAFT DISTRIBUTION INC 1230 MISSION DR, BLDG 9,SOLVANG, CA 93463-2930Census Tract: 0019.03 LOCAL CRAFT DISTRIBUTION 4206 22 555018 ACTIVE 17 3/30/2015 6/30/2024 LOCAL CRAFT DISTRIBUTION INC 1230 MISSION DR, BLDG 9,SOLVANG, CA 93463-2930Census Tract: 0019.03 LOCAL CRAFT DISTRIBUTION 4206 23 637796 ACTIVE 17 12/22/2022 11/30/2023 NEIGHBORS GOODS LLC 1778 LAUREL AVE,SOLVANG, CA 93463-2144Census Tract: 0019.09 FORSU WINES 4206 24 555018 ACTIVE 18 3/30/2015 6/30/2024 LOCAL CRAFT DISTRIBUTION INC 1230 MISSION DR, BLDG 9,SOLVANG, CA 93463-2930Census Tract: 0019.03 LOCAL CRAFT DISTRIBUTION 4206 25 328375 ACTIVE 20 10/21/1998 9/30/2023 COVARRUBIAS, MARTHA S 1656 FIR AVE, STE A,SOLVANG, CA 93463Census Tract: 0019.09 LA MORENA MARKET 4206 26 637796 ACTIVE 20 12/22/2022 11/30/2023 NEIGHBORS GOODS LLC 1778 LAUREL AVE,SOLVANG, CA 93463-2144Census Tract: 0019.09 FORSU WINES 4206 27 612065 ACTIVE 20 3/27/2020 2/29/2024 NEW FRONTIERS NATURAL FOODS IX, INC. 1984 OLD MISSION DR,SOLVANG, CA 93463Census Tract: 0019.10 NEW FRONTIERS MARKET 4206 28 643465 ACTIVE 20 6/1/2023 5/31/2024 ROCHIN, ERIC MICHAEL 293 ALISAL RD,SOLVANG, CA 93463-2803Census Tract: 0019.10 M SOLVANG THE 4206 29 533883 ACTIVE 21 8/7/2013 7/31/2023 COPENHAGEN LIQUOR, INC 1645 MISSION DR,SOLVANG, CA 93463-2632Census Tract: 0019.09 COPENHAGEN LIQUOR 4206 30 615876 ACTIVE 21 5/11/2020 4/30/2024 GARFIELD BEACH CVS LLC 1982 OLD MISSION DR , STE B,SOLVANG, CA 93463-2304Census Tract: 0019.10 CVS PHARMACY #11295 4206 31 305334 ACTIVE 21 4/14/1995 7/31/2023 BIT O DENMARK INC 440 ALISAL RD,SOLVANG, CA 93463Census Tract: 0019.10 H & P VINHUS LTD 4206 32 596207 ACTIVE 21 11/17/2018 10/31/2023 KIMSTAR, INC. 475 5TH ST,SOLVANG, CA 93463-2709Census Tract: 0019.10 SOLVANG MARKET 4206 33 606906 ACTIVE 21 8/2/2019 7/31/2023 VALLEY FRESH MARKET LLC 608 ALAMO PINTADO RD,SOLVANG, CA 93463-2202Census Tract: 0019.10 VALLEY FRESH MARKET 4206 34 328787 ACTIVE 21 2/23/1998 6/30/2023 THRIFTY PAYLESS, INC. 616 ALAMO PINTADO RD,SOLVANG, CA 93463Census Tract: 0019.10 RITE AID STORE 6185 4206 35 635699 ACTIVE 23 4/11/2023 7/31/2023 DRAUGHTSMEN ALEWORKS LLC 1631 MISSION DR,SOLVANG, CA 93463-2632Census Tract: 0019.09 DRAUGHTSMEN ALEWORKS 4206 36 522085 ACTIVE 41 9/12/2012 8/31/2023 SYBCI CALIFORNIA HOTEL NO. 2, LLC 1450 MISSION DR,SOLVANG, CA 93463-2916Census Tract: 0019.10 HADSTEN HOUSE 4206 37 364697 ACTIVE 41 6/1/2000 5/31/2024 BECERRA, JUAN GARCIA 1510 MISSION DR A,SOLVANG, CA 93463Census Tract: 0019.10 BIG BOPPER DRIVE IN 4206 38 609105 ACTIVE 41 9/4/2020 8/31/2023 1525 TAPS AND SPORTS LLC 1525 MISSION DR,SOLVANG, CA 93463-2607Census Tract: 0019.09 1525 TAPS AND SPORTS 4206 39 190811 ACTIVE 41 9/2/1986 1/31/2024 GREENWALD, CHARLES ARTHUR 1531 MISSION DR,SOLVANG, CA 93463Census Tract: 0019.09 PAULAS PANCAKE HOUSE 4206 40 604598 ACTIVE 41 5/15/2019 4/30/2024 SCR VACATION RENTALS, LLC 1546 MISSION DR,SOLVANG, CA 93463-3600Census Tract: 0019.10 OSTERIA GRAPPOLO 4206 41 603832 ACTIVE 41 4/17/2019 3/31/2024 RAMEN KOTORI, INC. 1618 COPENHAGEN DR,SOLVANG, CA 93463-2753Census Tract: 0019.10 RAMEN KOTORI 4206 42 633465 ACTIVE 41 3/22/2022 2/29/2024 CAILLOUX CHEESE SHOP LLC 1623 MISSION DR, STE K & L,SOLVANG, CA 93463-2636Census Tract: 0019.09 CAILLOUX CHEESE SHOP 4206 43 605869 ACTIVE 41 9/11/2019 8/31/2023 PETERSEN, AARON ROY 1655 MISSION DR, STE B,SOLVANG, CA 93463-3646Census Tract: 0019.09 BREKKIE BREAKFAST AND BRUNCH 4206 44 554512 ACTIVE 41 4/4/2016 3/31/2024 COPENHAGEN SAUSAGE GARDEN LLC 1660 COPENHAGEN DR,SOLVANG, CA 93463-2735Census Tract: 0019.10 COPENHAGEN SAUSAGE GARDEN 4206 45 287140 ACTIVE 41 8/30/1993 7/31/2023 GREENWALD, CHARLES A 1671 COPENHAGEN DR,SOLVANG, CA 93463Census Tract: 0019.10 BELGIAN CAFE THE 4206 46 567274 ACTIVE 41 11/15/2016 2/29/2024 AEBLE INCORPORATED 1672 COPENHAGEN DR,SOLVANG, CA 93463-2759Census Tract: 0019.10 SOLVANG RESTAURANT 4206 47 627138 ACTIVE 41 9/14/2021 8/31/2023 DANISH MILL BAKERY INC 1682 COPENHAGEN DR,SOLVANG, CA 93463Census Tract: 0019.10 DANISH MILL BAKERY 4206 48 574845 ACTIVE 41 10/17/2016 1/31/2024 CHOMP BURGERS, FRIES, SHAKES INC. 1693 MISSION DR,SOLVANG, CA 93463-2635Census Tract: 0019.09 CHOMP BURGERS FRIES SHAKES 4206 49 338621 ACTIVE 41 3/30/1998 2/29/2024 SURAVI INCORPORATED 1988 OLD MISSION DR, STE B7 & B8,SOLVANG, CA 93463Census Tract: 0019.10 GIOVANNIS OF SOLVANG 4206 50 560279 ACTIVE 41 9/15/2015 8/31/2023 COQUELICOT 409 1ST ST,SOLVANG, CA 93463-2713Census Tract: 0019.10 FIRST & OAK 4206 51 281595 ACTIVE 41 4/8/1993 3/31/2024 SEABERRY INC 436 ALISAL RD, C & D,SOLVANG, CA 93463-2774Census Tract: 0019.10 TOWER PIZZA 4206 52 630500 ACTIVE 41 4/14/2022 3/31/2024 SOLVANG FLAVORS LLC 436 ALISAL RD, STE B,SOLVANG, CA 93463-2774Census Tract: 0019.10 SOLVANG FLAVORS LLC 4206 53 506694 ACTIVE 41 4/15/2011 8/31/2023 ALVAREZ, LEONEL 446 & 448 ALISAL RD, STE C D & E,SOLVANG, CA 93463-3736Census Tract: 0019.10 VIKING GARDEN RESTAURANT 4206 54 621973 ACTIVE 41 3/3/2021 2/29/2024 DON NACHO LLC 446 ALISAL RD, STE 5,SOLVANG, CA 93463Census Tract: 0019.10 DON NACHOS CAFE 4206 55 615316 ACTIVE 41 5/22/2020 4/30/2024 WINE CLUB MARKETING, INC. 448 ATTERDAG RD, UNIT 1,SOLVANG, CA 93463-2731Census Tract: 0019.10 4206 56 622214 ACTIVE 41 4/16/2021 3/31/2024 SILK ROAD TRANSPORTATION, LLC 453 ATTERDAG RD,SOLVANG, CA 93463Census Tract: 0019.10 SILK ROADS KITCHEN 4206 57 632730 ACTIVE 41 1/27/2022 12/31/2023 CHERNEY HOSPITALITY INC. 473 ATTERDAG RD, UNIT 104,SOLVANG, CA 93463Census Tract: 0019.10 PEASANTS DELI 4206 58 349667 ACTIVE 41 2/25/1999 1/31/2024 PANINO INC 475 1ST ST, STE 1,SOLVANG, CA 93463Census Tract: 0019.10 PANINO 4206 59 507179 ACTIVE 41 3/4/2011 8/31/2023 ANDIAMO SOLVANG INC 475 1ST ST, STE 9,SOLVANG, CA 93463-3727Census Tract: 0019.10 CECCO RISTORANTE 4206 60 609422 ACTIVE 41 10/18/2019 3/31/2024 FFMM, LLC 485 ALISAL RD, STE 163,SOLVANG, CA 93463-3773Census Tract: 0019.10 TOSCANA 4206 61 614091 ACTIVE 41 2/21/2020 1/31/2024 CHERNEY HOSPITALITY INC. 487 ATTERDAG RD,SOLVANG, CA 93463-2730Census Tract: 0019.10 PEASANTS FEAST 4206 Attachment B
260
62 572523 ACTIVE 41 9/30/2016 8/31/2023 GAREHOLMES, LLC THE 490 1ST ST, STE A,SOLVANG, CA 93463-3724Census Tract: 0019.10 FITZPATRICKS TAVERN 4206 63 635963 ACTIVE 41 6/21/2022 5/31/2024 LEONARDO'S RISTORANTE & PIZZERIA, LLC 606 ALAMO PINTADO RD, STE 1,SOLVANG, CA 93463-3209Census Tract: 0019.10 L'ANGOLINO 4206 64 455481 ACTIVE 41 8/24/2007 7/31/2023 CARMONA INC 614 ALAMO PINTADO RD,SOLVANG, CA 93463-2202Census Tract: 0019.10 TACO ROCO 4206 65 616636 ACTIVE 42 6/22/2020 5/31/2024 ARROWSMITH VINEYARD, INC 1539 MISSION DR, # C,SOLVANG, CA 93463-2607Census Tract: 0019.09 ARROWSMITHS 4206 66 597817 ACTIVE 42 10/24/2018 9/30/2023 PELONIS SOUND AND ACOUSTICS, INC. 1576 COPENHAGEN DR, STE 1,SOLVANG, CA 93463-3746Census Tract: 0019.10 LOST CHORD GUITARS 4206 67 523059 ACTIVE 42 8/23/2012 7/31/2023 CHEESE SANDWICH, INC. 1672 MISSION DR,SOLVANG, CA 93463-2633Census Tract: 0019.10 GOOD LIFE THE 4206 68 615979 ACTIVE 42 7/2/2020 6/30/2024 CARDIFF GIANT ENTERPRISES LLC 433 ALISAL RD, STE A & B,SOLVANG, CA 93463-3717Census Tract: 0019.10 HIGH ROLLER TIKI LOUNGE 4206 69 308258 ACTIVE 42 6/28/1995 5/31/2024 BIT O DENMARK INC 440 ALISAL RD, STE B,SOLVANG, CA 93463Census Tract: 0019.10 H & PS VINHUS LTD 4206 70 591309 ACTIVE 42 4/12/2018 3/31/2024 ANDIAMO SOLVANG INC 475 1ST ST , STE 5,SOLVANG, CA 93463-3727Census Tract: 0019.10 CECCHETTI 4206 71 626102 ACTIVE 42 9/7/2021 8/31/2023 BACKROOM, LLC THE 515 4TH PL,SOLVANG, CA 93463-3633Census Tract: 0019.09 BACKROOM LLC THE 4206 72 35971 ACTIVE 47 7/1/1975 1/31/2024 ALISAL PROPERTIES 1054 ALISAL RD,SOLVANG, CA 93463Census Tract: 0019.07 ALISAL GUEST RANCH 4206 73 607646 ACTIVE 47 5/22/2020 4/30/2024 V LOUNGE, LLC 1455 MISSION DR,SOLVANG, CA 93463-2915Census Tract: 0019.09 V LOUNGE 4206 74 640595 ACTIVE 47 4/27/2023 3/31/2024 STACK AND ROLL, LLC 1555 & 1557 MISSION DR,SOLVANG, CA 93463-2607Census Tract: 0019.09 CAMPO DEL SOL 4206 75 540412 ACTIVE 47 3/20/2014 2/29/2024 1576 MISSION DRIVE LLC 1576 MISSION DR,SOLVANG, CA 93463-3601Census Tract: 0019.10 LANDSBY THE 4206 76 622394 ACTIVE 47 1/6/2021 12/31/2023 COAST RANGE SYV LLC 1635 MISSION DR,SOLVANG, CA 93463-2632Census Tract: 0019.09 COAST RANGE 4206 77 351629 ACTIVE 47 5/17/1999 4/30/2024 OLSEN, BENT 1684 COPENHAGEN DR,SOLVANG, CA 93463Census Tract: 0019.10 RED VIKING RESTAURANT THE 4206 78 633455 ACTIVE 47 11/2/2022 10/31/2023 BALLARD INN, LLC 2436 BASELINE AVE,SOLVANG, CA 93463Census Tract: 0019.08 BALLARD INN 4200 79 636540 ACTIVE 47 10/27/2022 9/30/2023 CORQUE CRAFTHOUSE AND KITCHEN LLC 400-420 ALISAL RD,SOLVANG, CA 93463-3741Census Tract: 0019.10 CORQUE CRAFTHOUSE 4206 80 618061 ACTIVE 47 1/19/2021 12/31/2023 SHER, BRADLEY JOSEPH 442 ATTERDAG RD,SOLVANG, CA 93463Census Tract: 0019.10 WHISKEY & RYE 4206 81 574422 ACTIVE 47 1/4/2018 12/31/2023 JIMENEZ, CESAR URIBE 448 ALISAL RD,SOLVANG, CA 93463-3738Census Tract: 0019.10 ALISAL CELLARS 4206 82 285590 ACTIVE 47 8/11/1993 7/31/2023 BIT O DENMARK INC 473 ALISAL RD,SOLVANG, CA 93463Census Tract: 0019.10 4206 83 636133 ACTIVE 47 9/6/2022 8/31/2023 CNPRKV1 LLC 478 4TH PL,SOLVANG, CA 93463Census Tract: 0019.10 SEARS STEAK HOUSE 4206 84 621336 ACTIVE 47 2/23/2021 1/31/2024 LEONARDO'S RISTORANTE & PIZZERIA, LLC 632 ALAMO PINTADO RD,SOLVANG, CA 93463-2202Census Tract: 0019.10 LEONARDO'S RISTORANTE & PIZZERIA 4206 85 35971 ACTIVE 58 7/1/1975 1/31/2024 ALISAL PROPERTIES 1054 ALISAL RD,SOLVANG, CA 93463Census Tract: 0019.07 ALISAL GUEST RANCH 4206 86 616636 ACTIVE 58 6/22/2020 5/31/2024 ARROWSMITH VINEYARD, INC 1539 MISSION DR, # C,SOLVANG, CA 93463-2607Census Tract: 0019.09 ARROWSMITHS 4206 87 488401 ACTIVE 58 9/29/2010 8/31/2023 SOLVANG BREWING COMPANY INC 1547 MISSION DR,SOLVANG, CA 93463-2607Census Tract: 0019.09 SOLVANG BREWING COMPANY INC 4206 88 597817 ACTIVE 58 10/24/2018 9/30/2023 PELONIS SOUND AND ACOUSTICS, INC. 1576 COPENHAGEN DR, STE 1,SOLVANG, CA 93463-3746Census Tract: 0019.10 LOST CHORD GUITARS 4206 89 523059 ACTIVE 58 8/23/2012 7/31/2023 CHEESE SANDWICH, INC. 1672 MISSION DR,SOLVANG, CA 93463-2633Census Tract: 0019.10 GOOD LIFE THE 4206 90 636540 ACTIVE 58 10/27/2022 9/30/2023 CORQUE CRAFTHOUSE AND KITCHEN LLC 400-420 ALISAL RD,SOLVANG, CA 93463-3741Census Tract: 0019.10 CORQUE CRAFTHOUSE 4206 91 506694 ACTIVE 58 4/15/2011 8/31/2023 ALVAREZ, LEONEL 446 & 448 ALISAL RD, STE C D & E,SOLVANG, CA 93463-3736Census Tract: 0019.10 VIKING GARDEN RESTAURANT 4206 92 510400 ACTIVE 64 6/14/2011 5/31/2024 SOLVANG THEATERFEST 420 2ND ST,SOLVANG, CA 93463-2762Census Tract: 0019.10 SOLVANG FESTIVAL THEATER 4206 93 594122 ACTIVE 66 4/13/2019 3/31/2024 LOMBARD STREET, L.P. 1564 COPENHAGEN DR,SOLVANG, CA 93463-2754Census Tract: 0019.10 WINE VALLEY INN 4206 94 616633 ACTIVE 66 7/31/2020 6/30/2024 GF OLD MILL LLC 486 FIRST ST , STE C ,SOLVANG, CA 93463-2791Census Tract: 0019.10 WINSTON THE 4206 95 594122 ACTIVE 68 4/13/2019 3/31/2024 LOMBARD STREET, L.P. 1564 COPENHAGEN DR,SOLVANG, CA 93463-2754Census Tract: 0019.10 WINE VALLEY INN 4206 96 636540 ACTIVE 68 10/27/2022 9/30/2023 CORQUE CRAFTHOUSE AND KITCHEN LLC 400-420 ALISAL RD,SOLVANG, CA 93463-3741Census Tract: 0019.10 CORQUE CRAFTHOUSE 4206 97 594122 ACTIVE 70 4/13/2019 3/31/2024 LOMBARD STREET, L.P. 1564 COPENHAGEN DR,SOLVANG, CA 93463-2754Census Tract: 0019.10 WINE VALLEY INN 4206 98 616633 ACTIVE 70 7/31/2020 6/30/2024 GF OLD MILL LLC 486 FIRST ST , STE C ,SOLVANG, CA 93463-2791Census Tract: 0019.10 WINSTON THE 4206 99 635188 ACTIVE 74 7/15/2022 6/30/2023 URIBE-RICO, ALEJANDRO 606 ALAMO PINTADO RD, STE 5 & 6,SOLVANG, CA 93463Census Tract: 0019.10 CALIFORNIA TACOS 4206 100 488401 ACTIVE 75 9/29/2010 8/31/2023 SOLVANG BREWING COMPANY INC 1547 MISSION DR,SOLVANG, CA 93463-2607Census Tract: 0019.09 SOLVANG BREWING COMPANY INC 4206 101 488401 ACTIVE 77 9/29/2010 8/31/2023 SOLVANG BREWING COMPANY INC 1547 MISSION DR,SOLVANG, CA 93463-2607Census Tract: 0019.09 SOLVANG BREWING COMPANY INC 4206 102 636540 ACTIVE 77 10/27/2022 9/30/2023 CORQUE CRAFTHOUSE AND KITCHEN LLC 400-420 ALISAL RD,SOLVANG, CA 93463-3741Census Tract: 0019.10 CORQUE CRAFTHOUSE 4206 103 644947 ACTIVE 79 12/23/2022 6/30/2023 GLEASON FAMILY VINEYARDS, LP COPENHAGEN DR & 1ST STREET,SOLVANG, CA 93463Census Tract: 0019.10 GLEASONFAMILY VINEYARDS, LP@SOLVANG FARMERS MARKET 4206 104 613917 ACTIVE 85 3/16/2020 2/29/2024 WORLD SOURCE SUPPLY INC 1232 PETERSEN AVE ,SOLVANG, CA 93463Census Tract: 0019.09 4206 105 612065 ACTIVE 86 3/27/2020 2/29/2024 NEW FRONTIERS NATURAL FOODS IX, INC. 1984 OLD MISSION DR,SOLVANG, CA 93463Census Tract: 0019.10 NEW FRONTIERS MARKET 4206 106 606906 ACTIVE 86 8/2/2019 7/31/2023 VALLEY FRESH MARKET LLC 608 ALAMO PINTADO RD,SOLVANG, CA 93463-2202Census Tract: 0019.10 VALLEY FRESH MARKET 4206 261

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