Agenda 2023-08-28 CC
AGENDA
SOLVANG CITY COUNCIL
MONDAY, AUGUST 28, 2023
6:00 PM SPECIAL CLOSED SESSION; AND
6:30 PM REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
Virtual & in Council Chamber
Mark Infanti, Mayor
Elizabeth Orona District 4
David Brown District 3
Robert Clarke at-large
Claudia Orona at-large
PARTICIPATING IN THE MEETING -City Council meetings will be in person and conducted by video/teleconferencing through Zoom. Meeting will also be broadcast live on Channel 23 and streamed on the City’s website, Vimeo, and YouTube.
• To join by Zoom, visit https://zoom.us/j/3066529195. If you wish to speak, please use the “raised hand” symbol.
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6:00 PM SPECIAL CLOSED SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
1. PUBLIC COMMUNICATIONS ON CLOSED SESSION
This section is intended to provide members of the public with the opportunity to comment on Closed Session Items. This section is limited to 30 minutes. Each speaker will be afforded three minutes, and may speak only once.
AGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings that are distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.
AGENDA POSTING NOTIFICATION - Subscribe to receive email or text message notifications when agendas are posted online through “Notify Me” at: https://www.cityofsolvang.com/List.aspx PUBLIC COMMENT - The public is encouraged to address the City Council in-person, virtually, or in-writing on agenda and non-agenda items. If provided in writing, comments must be submitted to the City Clerk at [email protected] by 5:00 p.m. on the Friday before the meeting to be considered. Your comment will be recorded and distributed appropriately. Comments on agenda items will be heard at the time each item is considered, including non-agenda items. In-person speakers will be invited to make public comments first.
Virtual speakers will follow.
AMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested Agenda 2023-08-28 CC
2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation - pursuant to Gov. Code 54956.9(d)(1)
Name of Case:
City of Solvang — Petition to Change Water-Right Permit 15878 (Application No. A022423), under protest by California Trout and National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, and comment by California Department of Fish and Wildlife
RECONVENE TO OPEN SESSION
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
4. ADJOURNMENT
6:30 PM REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS:
PRESENTATIONS:
a. Tourism Marketing Consultants’ updates
PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS
This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or take action on issues not on the agenda, except to briefly respond or to ask Staff to follow up on such items.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report 45
3. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.
4. CONSENT ITEMS
Consent is designed for routine; administrative city matters and is approved by roll call vote with one motion.
These items are discussed only on request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: August 14, 2023 46
c. Approve July Monthly Investment report 50
d. Receive and File Visit the Santa Ynez Valley 1st Quarter Report 2023 52 Agenda 2023-08-28 CC
e. For second reading Adopt by title only Ordinance No. 23-0368 adding Chapter 5 (Graffiti Abatement) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act 69
5. PUBLIC HEARINGS: None
6. DISCUSSION ITEMS
a. Discussion and possible action to Introduce for first reading by title only Ordinance No. 23-0369 removing Section 6-2-5, amending Section 7-3-10, and adding Chapter 6 (Camping) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act 80 b. Discussion and possible action to Approve the Third Amendment to the Agreement with Carollo Engineers Inc for an expanded scope of Services for Completion of a Time Schedule Compliance Plan for Regional Water Quality Control Board to Support USDA Grant Application for the WWTP Water quality project for the additional amount not to exceed $106,270 for a total contract amount not to exceed $308,760, for the existing term to April 1, 2024, and authorize the Mayor to execute on behalf of the City 91 c. Discussion and possible action to Adopt Resolution No. 23-1227 Approving the Capital Improvement Program Fiscal Year 2023-24 Capital Improvement Program (CIP) and approving a budget adjustment for the program. 96
d. Discussion and possible action to:
i. Adopt Resolution No. 23-1228 to Approve the Memorandum of Understanding (MOU) with Teamsters Union Local 986 for the term August 1, 2023 – June 30, 2026, and authorize the City Manager to execute on behalf of the City ii. Adopt Resolution No. 23-1229 Setting and Adopting the Range Schedule and Benefits for Non-represented Employees effective August 1, 2023. iii. Adopt Resolution No. 23-1230 approving a Budget Adjustment relating to salary and benefit Increases . 105
e. Discussion and possible action to Adopt Resolution No. 1231 Authorizing a Budget Adjustment to include the cost for the General Plan Update and EIR Consultant Contract 192
f. Discussion and possible action regarding Adopting Resolution 23-1232 opposing Ballot Initiative 21-0042A1 aka the Taxpayer Protection and Government Accountability Act. 195
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
8. ADJOURNMENT
AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.
Dated this 23rd day of August 2023
• MAY | JUNE | JULY 2023 Activities (recap)
• May 18, 2023, PRWeb (Cision) wire distribution of press release titled, “Storybook Summer in Solvang, California: Celebrate the Season in ‘The Danish Capital of America’ with Annual Festivals and Weekly Events” (+ manual / email distribution) • Reconnected with the following destination partners, on behalf of / as Solvang’s interim PR/media liaison:
• Visit the Santa Ynez Valley (+ Visit SYV’s marketing agency) • Central Coast Tourism Council (CCTC), including submission of content for Solvang summer initiatives (https://centralcoast-tourism.com/all-events/) • Visit Santa Barbara
• Visit California – with whom we are currently working on a September 2023 influencer visit (@goanniewhere, 301K Instagram Followers) through Solvang as part of a larger CA media trip.
Solvang Tourism, May | June | July 2023 :: PR Briefs
prepared by Anna Ferguson-Sparks, Stiletto Marketing
4 • MAY | JUNE | JULY 2023 Activities (recap, continued) • Researched + booked co-op advertising opportunity received through CCTC:
• Co-op ad spread in Sept/Oct 2023 issue of PHOENIX Magazine • 326,000+ Average Readership per Month
• 72,214+ Audited and Verified Copies
• $1,250.00 for print ad space in co-op, Solvang + 7 other participating Central Coast destinations / attractions in a 2-page spread (Monterey, Ventura, Gilroy Gardens, Santa Cruz County, Roaring Camp, Buellton, and Visit Santa Maria Valley)
• Ad buy includes Solvang inclusion in dedicated e-blast to magazine’s ~34-35K double opt-in subscribers
• Final ad creative will be included in September report. Sept/Oct issue should publish and deliver late-August.
5 • MAY | JUNE | JULY 2023 Activities (recap, continued) • Extensive legwork for Los Angeles Times Travel Section article about Solvang, work for which included suggesting many sources, interview set-ups, onsite visit arrangements, follow-up information gathering and multiple fact checks, image sourcing, and more. The writer, Sharon Boorstin, (re)visited Solvang mid-June 2023 to conduct interviews and site visits. • Article published / posted July 20, 2023: www.latimes.com/travel/list/things-to-do-insolvang-wine-tasting-food-shopping-danish-vibes 6 Solvang businesses and attractions
mapped in article, included:
Solvang Amber & Viking Museum at The
Copenhagen House; Danish Mill Bakery; Good
Seed Coffee Boutique; PARc Place; Ramen
Kotori; peasants FEAST; The Landsby; Hotel Ynez;
The Hamlet Inn; Elverhøj Museum of History & Art;
Olsen’s Danish Village Bakery; Paula’s Pancake
House; Seein’ Spots Farm.
7 • MAY | JUNE | JULY 2023 Activities (recap, continued) • Coordinated / hosted Los Angeles-based Influencer, Jonathan Melendez (@jonjon33), author / food photographer / blogger (26.7K Instagram Followers) and member of the LGBTQIA+ community, during SYV Pride weekend in Solvang (June 23- 25). Jonathan (+ husband + baby) “documented” their time here for social channels. • The family walked in the SYV Pride Parade, stayed at two different Solvang hotels, dined at three Solvang eateries, and provided feedback that they enjoyed their time here during SYV Pride weekend so much, that they plan to make it an annual visit. Jonathan posted 25+ Instagram Stories during his time in Solvang, and went on to stay in the Santa Ynez Valley for another two days/nights.
• Coordinated / hosted Southern CA-based influencer, @cal.euphoria (123K Instagram Followers), on a 2-night / 2-day Solvang itinerary in late-July. Full wrap-up report will be delivered in September.
8 • MAY | JUNE | JULY 2023 Activities (recap, continued) • Crafted “what to do in Solvang with older kids /
tweens / teens” copy for multiple marketing uses
(social posts, potential blog post, media pitch).
Post-July 4th holiday, pitched to a handful of CAbased parenting outlets and received response (thus far) from writer / digital editor with L.A.
Parent Magazine, stating that she would pitch the
idea as a possible travel piece. (outcome TBD)
• Similarly…pitched Solvang as a
whole, as possible editorial
content idea to Editors of
Highlights Magazine for children.
Now 77-years-old, Highlights is a
globally-read, monthly
publication for kids which is said
to have a circulation of about
two (2) million. Of particular note
in the Editor’s response: “My
cousin’s husband is from Solvang
(and is of Danish descent), so I’ve
heard many wonderful things
about your unique town!”
9 • MAY | JUNE | JULY 2023 Activities (recap, continued) • Check HARO media queries 3x daily; submitted Solvang to ten queries. As mentioned, I find that chances of being included in pieces as a result of these query submissions is about 1-in-15 to 1-in-20. I did have some luck these past months with varied article inclusions for individual businesses, but not for the destination as a whole. Examples:
• Eat This, Not That! – “10 Best Steakhouses in Las Vegas, According to Chefs,” featuring comments from both R&D Local Kitchen at brekkies by CHOMP, and peasants FEAST / DELI (posted July 6, 2023). • American Express Business Class Blog – “How to Keep Your Restaurant's Supply Chain on Track,” featuring comments from peasants FEAST (posted June 27, 2023). Also pitched Birkholm’s Bakery for a different American Express Blog piece, but it didn’t make the final cut.
• Impending publication – Elverhøj Museum’s inclusion in “California Museum Gift Shops with Fabulous Offerings” Blog post on Visit California's website (www.visitcalifornia.com/now).
10 • MAY | JUNE | JULY 2023 Activities (recap, continued) • Continued correspondence with Candice, City of Solvang, and Rick, with TJA, to aid in their efforts in attempting to update content on certain portions of the SolvangUSA.com website, including copy hand-off for specific web pages. • Continued check-ins with the Solvang Chamber of Commerce and Solvang Visitor Center for updates and general catch-up sessions.
• Keeping up with the Solvang Danish Days Foundation regarding plans for this year’s event weekend (September 15-17, 2023). Preliminary Solvang Danish Days press release with initial schedule of weekend events + sponsor mentions, to be distributed week of August 21, 2023.
• Updated Solvang’s profile on the Central Coast Tourism Council’s website:
https://centralcoast-tourism.com/business/solvang-usa
11 • MAY | JUNE | JULY 2023 Activities (recap, continued) • WROTE / EDITED (in July) / POSTED TO WIRES (in August): August 3, 2023, PRWeb (Cision) wire distribution of press release titled, “Solvang, California Announces Preliminary Plans for Annual Solvang Julefest: Danish Village Holiday Celebration to Run November 24, 2023 through January 5, 2024” (+ manual / email distribution, which will be ongoing, as well as manual event calendar postings) • Correspond regularly with islett (Liana and Jamie) regarding social media topics, questions, content, and for general check-ins.
• Worked with TJA (Claudia and John) to get copy and content together for JULY 2023 e-blast / newsletter to SolvangUSA consumer email listing(s). • AUGUST 2023 e-blast / newsletter is in process.
• The More You Know ~ We learned that the Solvang article in the Spring 2023 issue of Westways is still living out there in other editions of the magazine: “[The column] rotates in the magazines since there are three regional versions (LA/IE/Points North, OC, and SD), so Solvang first appeared in the LA version, then in the OC version, and now it’s in the San Diego version.” 12 • MAY | JUNE | JULY 2023 Activities (recap, continued) • Examples of Solvang Julefest 2023/24 (manual) event calendar postings:
13 July-into-August 2023 Press Release
• Solvang Julefest 2023-2024 (preliminary press release for Nov / Dec / Jan 2024 event). Manual distribution of initial Solvang Julefest press release will be an ongoing process.
August-into-September 2023 Press Release
• Fall Travel Stories and Events (Sept / Oct / Nov / Dec / Jan 2024) to possibly include, and is not limited to:
• Solvang Danish Days (reminder about September 15-17 event) • Hispanic Heritage Celebration (late-September)
• Various Car Shows scheduled for fall months
• SYV Scarecrow Fest, Solvang Farmer Pumpkin Patch, Haunted House (October) • Solvang Julefest (reminder and follow-up, any new event details as necessary) September-into-October 2023 Press Release
• “What’s New” in Solvang and “What’s on the Horizon for 2024,” to possibly include:
• Any new / Q1 2024 events scheduled
• Opened-in-2023 or revamped / expanded Solvang businesses or activities, plus expected openings for 2024
Looking ahead…
14 • Booking ad space / providing creative content for Solvang placement in Central Coast Co-Op Ad Spread in the 2024 State Visitor’s Guide (Visit California). • Outcome of news segment on “California Live” (NBC, Los Angeles), which is slated to include new Solvang b-roll video footage.
• Solvang as a possible location backdrop for holiday special of California Bountiful TV (www.californiabountiful.com), which is aired locally in the Santa Barbara/SLO markets on KSBY, and in Los Angeles on KCAL. California Bountiful is produced by the California Farm Bureau.
• Content submissions to Industry section of Visit California's website, for future PR / Media consideration.
• Content submissions to Central Coast Tourism Council for future PR / Media consideration. • Attempts at better highlighting / showcasing Solvang Festival Theater (Solvang Theaterfest) and its programming.
Sneak peek at additional August 2023 activities (not mentioned elsewhere in this deck)… 15 • Solvang Visitor Center Report from Solvang Hygge Huset LLC; Susan Lee, Managing Member
The Solvang Visitor Center has been busy answering questions and giving guidance to people from all walks of life throughout the summer. The Visitor Center had strong numbers for the month of July 2023, however, it was not as strong as July 2022. • July 2023 Visitor Count Total, 9,109 vs. July 2022 Visitor Count Total, 10,064 • (as a reminder) In June 2023 the Solvang Visitor Center had 8,575 visitors. In June of 2022 there were 8,017 visitors (fairly equal YOY, June 2023 just slightly higher).
Solvang Visitor Center, July 2023
“After speaking with several business owners and visitors there seem to be many factors that have affected tourism this year. But one of the leading answers has been gas prices and the economy.
People state that although they love to come to Solvang from the Los Angeles area, they just can’t make the trip as often as they would like to. They say their wallets have been affected by the current economy as well and they just cannot travel as much or spend as much as they did last year.” 16 Solvang Visitor Center, July 2023
We have continued to see many visitors from other countries. These are the countries that we have noted in the Visitor Center from January 2023-July 2023:
Argentina, Russia, Spain, Austria, France, Canada, Denmark, Mexico, Sweden, China, Finland, Lithuania, England, Japan, Mexico, India, Germany, Costa Rica, Wales, Scotland, Ukraine, Romania, Australia, Norway, Israel
There continues to be many visitors from Israel. They tell us that they love to travel, and they hear about Solvang from friends and family who have visited, and in their personal travel research.
When time allows, we ask our visitors from other countries how they hear about Solvang. The prevalent answer is always that they found it on their own as they researched where to stop on a trip from San Francisco to Los Angeles.
We receive many different inquiries about many different things in the Solvang Visitor Center.
We encounter people from all over the world and have the opportunity to share our beautiful city with them. The Solvang Visitor Center is a fantastic place to work, serving the City of Solvang and its visitors. Thank you for allowing us to take part in this great work. 17 Solvang Visitor Center, July 2023
• Solvang Visitor Center Inquiries Jan 2023-July 2023
(see attached listing)
18 January 2023
*Where is the Trolley station and how does it work?
*What are the must-sees?
*What should I see and do, I have 2 hours?
*Where is the closest restroom?
Are Dutch and Danish the same?
Does Denmark have windmills, too?
Where is Los Olivos and how do we get there?
Where is the ostrich farm?
Can I park 10 motorcycles in the bus parking space?
When do the winery buds start to bloom?
When do the wildflowers bloom?
How do I get to Santa Maria from Solvang?
How do I get an Amtrak ticket?
*Do you have a friend who will pick me up from Santa Barbara? (Ha) *Is parking free?! (People love this so much!)
Is Farmer’s Market still on Wednesdays?
How do we get to Figueroa Mountain?
When are all the Spring events?
Are you going to have the Taste of Solvang?
Are you gong to have The Grape Stomp, again?
Are you going to have the Lego event ever again?
What is the weather going to be in April?
February/March 2023
*Where do you have the best pastry?
*How do we rent the bikes that we can ride together as a family? *We have 1 hour, what should we do?
How do they make the aebleskiver?
Where is the Danish restaurant?
19 *What should we eat while we are here?
*Where should we go for breakfast/lunch/dinner?
Where is the wind harp and how did it get here?
*How many museums are there in Solvang?
*What is the most famous, number one bakery?
**Can you help me? I don’t know what I don’t know?
*Will you show me points of interest in Solvang?
What is the pastry named some kind of hat?
Is it called a tuxedo hat or something like that? (Napolean Hat) *What time does Solvang open?
How bad is the rain or weather going to be tomorrow?
Do you have a map of California?
Is there going to be flooding on Highway 246 on Tuesday? *What is the main street in Solvang?
What street has the most shops?
What is your family’s Danish name?
Where is the Viking ship going to be?
Where is the new aebleskiver place?
How can we get from one end of town to the other?
Is Sevtap tasting room gone?
How do I contact your Visitors Bureau for my travel agency bookings? How in the world do you not have a Visitors Bureau in Solvang? Then, who do I talk to with help for setting up a travel itinerary? Will your tourism committee meet with me and help me/my agency? What is the sales tax in Solvang?
Why is it so high and why are some businesses overcharging? How do I get a Solvang business license?
Is there a jewelry shop in town?
When does the next Nisser hunt begin?
Is the outdoor theater open?
When is music in the park starting?
How big is Solvang?
20 Can I walk the whole town?
Where is the Julehus?
Are the maps free?
Where are all the windmills?
Does anyone speak Danish in Solvang?
How did Solvang become Danish?
What does Solvang mean?
Do people really live in Solvang?
Is there an open market?
What is the King Christian Tower?
Where is Copenhagen Drive?
April/May 2023
Does Amber only come from Denmark?
Is there a mermaid?
Where can I buy a Danish dress?
What is a Condit Teri?
What is Danish Bread?
How do we get to the waterfall?
Is there a lot of water?
Where is Mad and Vin?
What is Danish Food?
How do we get to a winery?
Do you have California maps?
Where can I get steak?
Are there kid-friendly things to do?
Where can we get good cheese?
How many people live here?
Is there good beer?
Are Danishes really Danish?
Can you send an Ambassador to The Landsby to speak to our group? What are the pretzel signs?
21 What are the colors of the windmills?
What does Atterdag mean?
Where can I get an open faced sandwich?
Do you have Rondo cookies? (No, they are Dutch)
Are visitor guides free?
Are there any museums?
Do you have a lost and found?
Do they have sumo oranges at farmers market?
Do you have Pea Soup?
Why is Solvang so colorful?
Where can I get pastry?
Can you smell the pastry baking outside in the morning? Do you have your visitor guide in German, French, Spanish? Does the Horse Trolley go to Nojoqui Falls Park?
Is there a tour guide at Nojoqui Falls Park?
June/July 2023
What is the most famous windmill?
Can we go in the windmills?
How many bands are there for music in the park?
Can we eat in the Trolley?
Can we get a private tour?
Do you have baby sitters for us while we go taste wine? Can you babysit my kids while we go wine tasting?
Is it a long line for the restaurants?
Which building has the Amber and the big ship?
Where can we order and buy an iron stork for our roof?
After wine tasting can I drive?
Is the Coat of Arms open?
Is that a Lawrence Welk Accordion?
Is the Trolley dog friendly?
22 What are the X’s on the rooftops?
Did a lot of Dutch people come here?
Do Danes wear wooden shoes like the Dutch people?
Is there a shuttle to the Casino?
Where can we get a really good breakfast sandwich?
What side of the street do I catch Amtrak?
Can we park on the street?
What are you doing for the 4th of July?
Is the fireworks show good?
What is the parade route?
How do I talk to someone at City Hall?
Can I have a bottle of water?
23 SOCIAL MEDIA REPORT
May-July 2023
PREPARED BY ISLETT AGENCY
24 OVERVIEW
May-July 2023
03-04
05-11
12-13
14-15
16-17
18-20
Quarterly Data
Top Performing Content
The Solvang Community
Key Takeaways
Instagram Market Analysis
Creative Content Creation
25 PLATFORM GROSS GROWTH ORGANIC ENGAGEMENTS ORGANIC IMPRESSIONS
INSTAGRAM
+3,577
+1,318, 2022
37,603 630,128
FACEBOOK +462 2,667 24,459
TIKTOK +77 168 5,186
THREADS +3,424 126 X
QUARTERLY CHECK-IN
May-July 2023
26 PLATFORM FOLLOWERS TOTAL # OF POSTS ORGANIC IMPRESSIONS
ORGANIC
AVG IMPRESSIONS/POST
ORGANIC PROFILE VIEWS
INSTAGRAM 38,488 35 630,128 18,004 20,704
INSTAGRAM REELS x 12 155,894 12,991 x
INSTAGRAM STORIES x 94 143,263 1,524 x
FACEBOOK 462 50 24,459 489 2,399
TIKTOK 990 7 5,186 740 306
THREADS 3,424 7 x x x
TOTAL 43,120 205 958,930 33,748 23,409
May-July 2023 QUARTERLY CHECK-IN
27 TOP PERFORMING CONTENT
May-July 2023
28 TOP PERFORMING CONTENT - INSTAGRAM
IMPRESSIONS LIKES SAVES
May-July 2023
Main Takeaway
Easy to read event information with eye
catching imagery featuring notable Solvang
architecture.
Main Takeaway
Windmill photos tend to receive the most
engagement.
Main Takeaway
People are excited to attend! Events + things
to do are the most saved content for Solvang.
29 TOP LIKED POSTS-INSTAGRAM May-July 2023
Main Takeaways
Features architecture, Solvang facts, event promotion, things to do, and UGC. 30 TOP PERFORMING CONTENT - INSTAGRAM REELS
PLAYS LIKES SAVES
May-July 2023
Main Takeaway
UGC from a foodie influencer. Posts featuring
aebleskiver are always received well by
Solvang's audience.
Main Takeaway
UGC found from Visit California. Day in the
Life videos are popular amongst viewers.
Main Takeaway
UGC from a foodie influencer. Posts featuring
aebleskiver are always received well by
Solvang's audience.
31 TOP PERFORMING CONTENT - FACEBOOK
REACH ENGAGEMENT
May-July 2023
Main Takeaway
Holiday/Event posts are typically top
performers.
Main Takeaway
Holiday/Event posts are typically top
performers.
32 TOP PERFORMING CONTENT - TIKTOK
VIEWS
May-July 2023
Main Takeaway
UGC + aebleskiver feature. This unique
offering helped this video stand out on the
platform.
LIKES
Main Takeaway
A trending audio added a touch of humor
which helped the engagement on this video.
33 TOP PERFORMING CONTENT - THREADS
LIKES + REPLIES
May-July 2023
Main Takeaway
Our 2nd Threads post! We capitalized on
being an early adapter and jumped on the
"threads" pun trend. Humor tends to perform
best on this platform.
34 THE SOLVANG COMMUNITY
May-July 2023
35 COMMUNITY ENGAGEMENT
May-July 2023
36 KEY TAKEAWAYS
May-July 2023
37 KEY TAKEAWAYS
WINS CHALLENGES OPPORTUNITIES
May-July 2023
Our current strategy aligns with the
feedback we're seeing in this report.
Scenic/Architecture
Danish Culture
Events/Entertainment
Imbibe
We've learned that Solvang's
Instagram and Facebook audience
engages heavily with content that
features citywide event information
and things to do.
We've reached ~1 million completely
organic impressions.
Community engagement
acknowledging future or past visits to
Solvang.
More videos featuring aebleskiver.
UGC content.
Highlighting blog posts.
Directing recommendation requests
to website.
Collab posts with influencers.
Starting a new Facebook page from
scratch.
Finding usable UGC to fill the
calendar until our content shoot.
Website limitations
No blog
Updated business listings.
38 INSTAGRAM MARKET ANALYSIS
May-July 2023
39 NEW FOLLOWERS [30 days] AVG ENGAGEMENT RATE
July 2023
Solvang USA Visit SYV*
Visit Santa Barbara* Visit Paso SLO Cal*
Visit Ventura
June July
2,000
1,500
1,000
500
0 Solvang USA Visit SYV*
Visit Santa Barbara* Visit Paso SLO Cal*
Visit Ventura
June July
2%
1.5%
1%
0.5%
0%
Trend
New follower MoM dropoff across the board
with the exception of Ventura (X-Games promo).
Trend
Solvang's engagement rate was .08% lower than last,
however, it's highest amongst the competitors.
40 CREATIVE CONTENT CREATION
May-July 2023
41 CREATIVE CONTENT - PHOTOGRAPHY
42 CREATIVE CONTENT - SHORT-FORM VIDEO
43 THANK
YOU
44 Meeting Date Agenda Item Agenda Dept
11-Sep CD Investments - Open Five Star MM Accouunt Discussion Administration Dissolution of the TAC Ordinance 1st Reading Discussion City Attorney Alisal Dr Emergency Repair NOC Consent Public Works
Fredensborg Canyon NOC Consent Public Works
25-Sep Municipal Code fee language Amendment Discussion City Attorney Special Events Program Discussion Planning/Rec
9-Oct
23-Oct Measure U Oversight Committee Appointment Discussion City Clerk AB 1600 Report Discussion Public Works
13-Nov
27-Nov
Future Meetings
Sign Ordinance Review Discussion Planning
Retention Destruction Schedule Adoption Reso Discussion City Clerk Administration / HR Policies update Discussion Administration Active Transportation Plan Discussion Public Works
Draft Homelessness Response ordinance Discussion City Attorney Solvang Sidewalk Repair Project Award Consent Public Works Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
Residences as a primary use in the TRC Zone Discussion Planning Annual Creek Inspections Discussion Public Works
Scramble Crosswalk Discussion Public Works
RFQ Interim Financing WWTP Administration Discussion Administration City Council protocols Discussion City Manager
Budget to Actual Discussion Administration
Auditor RFP Consent Administration
Meeting Date Agenda Item Agenda Action
N/A
Agenda Item Agenda Action
January Comprehensive Annual Financial Report Discussion Administration January Brown Act Training City Attorney
February Measure A 5-Year Local Program of Projects Public Hearing Public Works February Mid-Year Budget Adjustments Administration
February (even
years)
Council Budget Goal Setting Public Workshop City Manager March Housing Element and LEAP Grant Annual Report Public Hearing Approve March SB1 RMRA project List Public Hearing Public Works March Investment Policy Annual Review Discussion Administration March Solvang Skytt Mesa LLMD Annual Assessment Public Hearing Public Works March FTA 5311 Grant Agreement Consent Approve
March TDA Grant Funding Consent Approve
May Preliminary Budget Administration
May Grant Funding Applications review Discussion Administration Oct/Jan/April/July Quarterly Financial Reports Discussion Administration June Two-Year Financial Plan Development or Supplemental Budget adoption
Discussion Administration
June Capital Improvement Program Discussion Public Works June/July Amend Appropriation Limit Public Hearing Adopt November Stormwater Management Program Annual Report Consent Public Works December AB 1600 Report Discussion Approve
December Appointment of Mayor pro tem Discussion City Clerk December Council selection of representatives to Committees and Agencies
Discussion City Clerk
December (even
years)
Appointment to Boards, Commissions, Committees Discussion City Clerk Council Requested Agenda Items
Annual Reports
CITY COUNCIL ADVANCE CALENDAR
45 MINUTES
SOLVANG CITY COUNCIL
AUGUST 14, 2023
Special Closed Session – 5:30 p.m.
Regular Meeting – 6:30 p.m.
5:30 PM SPECIAL CLOSED SESSION
CALL TO ORDER
Mayor Infanti called the meeting to order at 5:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke, Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter
PLEDGE OF ALLEGIANCE
Councilmember Clarke led in the Pledge of Allegiance.
1. PUBLIC COMMUNICATIONS – CLOSED SESSION
There were no public comments.
2. RECESS TO CLOSED SESSION – 5:32 p.m.
a. CONFERENCE WITH LABOR NEGOTIATOR – The closed session is authorized by Gov. Code 54957.6
AGENCY NEGOTIATOR:
Dave Fleishman, City Attorney
EMPLOYEE ORGANIZATION:
Teamsters Union Local 986
b. CONFERENCE WITH LEGAL COUNSEL—Potential Litigation – Pursuant to Government Code Section 54956.9(d)(4)
One Potential Case
c. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation Significant exposure to litigation pursuant to Government Code §54956.9(d)(2)
One Potential Case
RECONVENE TO OPEN SESSION
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Attorney David Fleishman announced there was no reportable action.
4. ADJOURNMENT – 6:25 p.m.
Agenda Item 4.b
46 6:30 PM REGULAR MEETING
CALL TO ORDER
Mayor Infanti called the meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem Elizabeth Orona, Councilmembers David Brown, Robert Clarke, Claudia Orona
Staff: City Manager Randy Murphy, City Attorney David Fleishman, City Clerk Annamarie Porter, Public Works Director Rodger Olds
PLEDGE OF ALLEGIANCE
Councilmember Brown led in the Pledge of Allegiance.
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None
1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS There were no public comments.
2. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy discussed the recent State of the City event; reported speaking at a Rotary Club meeting and touring the Diablo Canyon Power Plant; announced the hiring of a Planning Manager who will begin on September 11, 2023 and an upcoming event hosted by Waste Management and noted he received an email that residents may notice an unusual water taste or odor because of a minute and non-hazardous amount algae in the water.
3. COUNCIL COMMENTS AND REQUESTS
Councilmember Brown spoke about monument signs throughout the City needing to be refreshened and requested having staff develop suggestions for enhancing the business community by either lowering the barrier to entry or streamlining processes to be more business friendly.
Councilmember Clarke suggested scheduling a meeting of merchants regarding the City’s sign ordinance and Council concurred to have Staff return with ideas on how to accomplish the task.
4. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes:
i. Special Closed Session and Regular Meeting of July 24, 2023 ii. Special Closed Session Meeting of July 31, 2023
c. Approve July Warrants
Motion by Councilmember Claudia Orona, to approve Consent Items, seconded by Mayor pro tem Elizabeth Orona and carried 5-0.
5. PUBLIC HEARINGS – None
47 6. DISCUSSION ITEMS
a. Discussion and possible action to appoint a City Representative and Alternate to the League of California Cities
City Manager Murphy presented a brief report.
Mayor Infanti invited public comments.
There were no public comments on this item.
Motion by Mayor Infanti, to appoint Mayor Infanti as the City Representative and City Manager Murphy as the Alternate to the League of California Cities, seconded by Mayor pro tem Elizabeth Orona and carried 5-0.
b. Discussion and possible action to Introduce for first reading by title only Ordinance No. 23-0368 adding Chapter 5 (Graffiti Abatement) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act
City Attorney Fleishman noted that City Council provided direction for staff to return with an ordinance addressing graffiti abatement; reported it was modeled after the City of Pismo Beach’s ordinance and presented it for first reading.
Discussion followed regarding options for enforcement, placing a deterrent clause that if the perpetrator is a minor, the parents will be responsible, remediation and restitution, adding language to Definitions, Section 5.52, including buses and other moving vehicles as well as monuments and statues.
City Attorney Fleishman noted there is language in terms of “including but not limited to” and stated the City is preempted for anything that goes on a vehicle, as that is within the jurisdiction of the State DMV.
Mayor Infanti invited public comments.
Denise Beebe commented on inclusion of trash receptacles.
There were no other public comments.
City Attorney Fleishman reported trash receptacles would be considered personal property; felt the issue will need to be played by ear and discussed options for notifying residents.
Motion by Councilmember Clarke, to Introduce for first reading by title only Ordinance No. 23-0368 adding Chapter 5 (Graffiti Abatement) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act, seconded by Councilmember Brown and carried 5-0.
c. Discussion and possible action regarding sale or exchange of up to 400 acre-feet (AF) of 2023 state water allocation
City Manager Murphy presented details of the report and options for City Council’s consideration for up to 400 acre-feet of 2023 State water allocation.
Discussion followed regarding banking water at the San Luis Reservoir, the benefits of exchanging versus selling and reducing losses.
There were no public comments on this item.
48 Motion by Mayor pro tem Elizabeth Orona, to retain the City’s water rights of up to 400 acre-feet (AF) of 2023 state water allocation, seconded by Councilmember Claudia Orona and carried 5-0. d. Discussion and possible action to approve the Deed Restriction on HCA Park Public Works Director Olds presented details of the report; noted the need for the deed restriction in order to file a claim with the State and discussed pickleball court enhancements and picnic tables.
There were no public comments on this item.
Motion by Councilmember Brown, to approve the Deed Restriction on HCA Park, seconded by Councilmember Claudia Orona and carried 5-0.
e. Discussion and possible action regarding dissolution of the Solvang Tourism Advisory Committee (TAC)
City Manager Murphy presented details of the report.
Discussion followed regarding planning for Julefest, the need for a committee (non-Brown Act), making a determination in a few months and potential cost savings related to dissolution of the TAC.
Mayor Infanti invited public comments.
Tracy Beard, via Zoom, felt the TAC should remain.
There were no other public comments on this item.
Mayor pro tem Elizabeth Orona felt the recommendation feels dismissive and disrespectful to TAC Members.
Mayor Infanti pointed out challenges with the TAC being a Brown Act body in terms of making timely decisions on pertinent items.
Councilmember Brown and Mayor pro tem Elizabeth Orona thanked Members of the TAC for volunteering their time and for their service.
Councilmember Claudia Orona felt the City failed to provide effective support to the TAC and spoke about the City Manager having the ability to form a non-Brown Act committee, as needed.
Motion by Mayor Infanti, to direct staff to return with an ordinance dissolving the TAC, seconded by Councilmember Clarke and carried 4-1, with Mayor pro tem Elizabeth Orona, opposed.
7. AB1234 REPORT OUT AND COUNCIL CLOSING COMMENTS
Councilmember Clarke reported attending the State of the City lunch.
Mayor pro tem Elizabeth Orona reported attending the Eastern Management GSA meeting;
8. ADJOURNMENT
The meeting was adjourned at 7:30 p.m.
Respectfully submitted:
Annamarie Porter, City Clerk
49 Agenda Item 4.c
50 51
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1st Quarter 2023 Report of the Santa Ynez Valley Hotel Association (dba Visit the Santa Ynez Valley) – Submitted 8/09/23
VisitSYV is reporting activity since the 2022 Annual Report. This report is submitted to the City of Solvang, the City of Buellton and the Santa Barbara County Board of Supervisors, in accordance with the fulfillment of the provisions of the SYVTBID.
Financial
Beginning balance on January 1st, 2023: $662,053
Q1 Income
TBID Funding received 1/1/23 through 3/31/23: $261,237
Membership income: $2,875
Total Income received 1st quarter: $264,112
Expenses
Advertising/Marketing: $145,641
Travel & Conventions: $13,287
Personnel Costs: $75,296
Contract Services: $5,855
Facilities/Equipment: $2,288
Operations: $2,152
Other Types of Expenses: $999
Total Expenses 1
st Quarter: $277,268
Ending Balance as of March 31, 2023: $648,897
Agenda Item 4.d
52 2 | P a g e
Membership
We receive TBID funding from 33 lodging properties and currently have 217 total members, including those that pay a basic membership fee of $250, a nonprofit fee of $125, and trade members where services are traded for membership such as wine, catering, photography.
Marketing (January 1, 2023 – March 31, 2023)
Santa Ynez Valley Marketing Campaign
DVA Advertising & PR Agency remains contracted as our advertising and public relations agency of record.
VisitSYV supplements the annual campaign with additional programs. First quarter marketing results are detailed below.
Creative & Targeting
VisitSYV’s 2023 marketing program continued to showcase “The Place to Be'' campaign which played off the diverse offerings to be found within the six communities of the Santa Ynez Valley. VisitSYV continued with content-forward Facebook ads, the “See You In” campaign, and native advertising placement. In Q1, we targeted both drive markets (Greater Los Angeles, Greater Bay Area, Inland California), and direct flight to SBA markets.
Public Relations Campaign
Editorial value for Q1 ended up just shy of $2.2 million, a 119 percent quarter-over-quarter increase over 2022. YTD editorial value is also up 119 percent YoY.
PR efforts for Q1 focused on proactive outreach and media visit coordination, press releases and content submissions, and the direct flight markets PR efforts.
• Total number of stories mentioning the Santa Ynez Valley in Q4 = 155 • Total circulation of editorial coverage for Q1 = 1.09b • Total value of public relations media coverage for Q1 = $2,192,500* *PR value is calculated by multiplying the advertising rate times the size of the story, and then doubling that number to reflect the added value of editorial coverage
Q1 Press Releases & Content:
• Restaurant Weeks press release - distributed Jan. 4
• Midweek Membership Club press release - distributed Feb. 2 • What’s New press release - distributed Feb. 27
53 3 | P a g e
• Spring press release - drafted in March for April distribution • Visit California - IPW story ideas submission
• Visit California - Canadian Media Mission submission
• Sunset Travel Awards - draft submissions for peasants FEAST, Bar Le Cote, The Genevieve Media coordination, and completed media visits in Q1 included:
• Danica Cadelina, Feb. 15-17
• Anders & Kaitlin, March 29-31
• Jesse Evans, March 29-31
Notable Q1 Media Coverage:
• Architectural Digest - 23 Places To Travel in 2023
• Forbes Travel Guide - 34 Most Anticipated Hotel Openings of 2023 • 7x7 - Welcome to Los Alamos, the tiny country town with a serious food scene • Gastronomy - 44 Hours in SYV
• Thrillist - Most Beautiful Hidden Places
• Conde Nast Traveler - Rugged Cool of California’s Santa Ynez Valley Digital Key Takeaways
Q1 year-over-year (YoY) web traffic is up 14.29%, due to strong Search, Social, and Programmatic campaigns.
All digital channels are also seeing great performance in terms of CPC, CTR, and quality of traffic.
Booking events are back up YoY- we’re seeing a 2% increase for booking searches in Q1 over 2022 and a 40% increase over 2021.
The Sojern campaign saw an increase of 132 confirmed travelers from the previous report.
Google Search
* CPC is outperforming the benchmarks. CTR is back up to 5.3% in April so far.
Benchmark CTR: 4.68%
Benchmark CPC: $1.53
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Impressions: 156,015
Clicks: 7,190
CTR: 4.61%
CPC: $1.16
Paid Facebook - Out-of-state
*CTR improved 10% and CPC improved 57% year-over-year (YoY).
Impressions: 207,700
Link Clicks: 3,845
CTR: 1.85%
CPC: $0.66
Clicks to Book: 59
Paid Facebook - In-state
*CTR improved 8.80% and CPC improved 20.8% year-over-year (YoY).
Impressions: 397,909
Link Clicks: 9,854
CTR: 2.48%
CPC: $0.50
Clicks to Book: 319
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Paid Facebook - Retargeting
*CTR improved 2.1% and CPC improved 18.3% year-over-year (YoY).
Impressions: 163,087
Link Clicks: 1,473
CTR: 0.90%
CPC: $1.77
Clicks to Book: 97
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Programmatic - Native Display
*Programmatic/Native display saw a higher CPC in Q1, but it still sees a strong time on site and reaches people that may not be on social media.
Impressions: 752,260
Link Clicks: 1,996
CTR: 0.27%
CPC: $1.79
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Programmatic - CTV
*We see a much higher view rate and lower cost-per-view on programmatic than YouTube.
Impressions: 448,691
Views: 324,899
Cost per view: $0.02
View Rate: 75.8%
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Sojern - Geo-Conquesting Campaign
*We saw an increase of 132 confirmed travelers from the previous report.
Bookings
Total Events: 235
Total Confirmed Travelers: 231
Hotel Night Stays: 35
*Sojern session duration improved 39% compared to the previous period.
Impressions: 1,508,248
Clicks: 1,259
CTR: 0.08%
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2023 Santa Ynez Valley Destination Guide
VisitSYV worked with Griffin Publishing to create the 2023 destination guide, with over 95 pages covering the Santa Ynez Valley. 70,000 copies were printed, with distribution taking place via the Solvang Visitors Center, the Buellton Visitors Center, the Santa Barbara Visitors Center, Santa Barbara Airport, and direct mailings to 18,000+ homes in Santa Barbara, the Santa Ynez Valley, Laguna and Newport Beach. The guides are also distributed monthly to our hotels, museums, and popular restaurants and retailers.
Website Key Takeaways
In Q1, VisitSYV.com received 159,971 pageviews from 82,931 visitors. The site has also garnered 10,738 clicks to our members’ individual websites, and 1,939 clicks to book for VisitSYV hotels. The most popular pages on the site were as follows: (1) Restaurant Weeks (2) Homepage (3) Top 10 Things to Do in SYV. *Clicks to book includes clicks off the lodging page, Book Direct booking bar searches, and clicks to the Book Direct lodging page from the advertising campaign landing pages.
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Clicks to Book
BookDirect clicks look strong compared to last year. Organic, Paid Search, and Direct traffic saw the largest increase in clicks-to-book.
Book Direct Booking Events
*Compared to 2022 and 2021
Book A Room: 1,939 booking searches (up 35.78% vs ‘22 & 55.62% vs ‘21) Events: 8,122 on booking results page (up 1.55% vs ‘22 & 40.01% vs ‘21) Book Direct: 1,857 clicks (down 5.9% vs ‘22 & up 46.6% vs ‘21) VisitSYV Promotions
Santa Ynez Valley Restaurant Weeks (January 16 - 31, 2023) is an annual VisitSYV promotion. Over the course of 10+ years, the promotion has developed a strong following, with residents and drive market visitors treating the 2-week promotion as a major celebration. This year’s promotion featured 3 course menus for $30, $40 and $50 from 21 restaurants and two-for-one tastings and bottle discounts at 25 wineries.
We provided a full list of participating restaurants and tasting rooms on a branded landing page at DineSYV.com.
VisitSYV’s Restaurant Weeks advertising campaign reached consumers via paid Facebook, Instagram, and Meta distribution, the Santa Ynez Valley Star, The Santa Barbara Independent, and printed poster and postcard distribution. Restaurant Weeks presents an opportunity for increased engagement and visitation for our website and acts as a great opportunity to showcase our members and show appreciation. Please see additional stats below.
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DineSYV.com Stats
Total Pageviews for DineSYV.com: 27,357
Avg Time Spent on page: 00:06:47
Top Referral Sources:
Facebook: 9,242
Google: 8,212
Direct: 5,537
SolvangUSA: 1,422
Noozhawk: 417
Paid Facebook - Restaurant Weeks
*This had the strongest CPC and CTR of any campaigns we have run.
Top Of Funnel
Impressions: 190,610
Link Clicks: 6,477
CTR: 3.40%
CPC: $0.09
Retargeting
Impressions: 6,008
Link Clicks: 270
CTR: 4.49%
CPC: $0.10
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The Place to Be Midweek returned for its third year as a Q1 promotion. To entice visitors to stay midweek during the shoulder season, our Midweek Membership Club promotion puts a spotlight on the benefits of a midweek trip. This year the offering provided $100 Visa gift cards for guests to enjoy locally during their midweek stay.
Visitors simply had to book a minimum two-night stay at any one of our Santa Ynez Valley hotels, Sunday through Thursday, February 12 – April 6, to receive a $100 Visa gift card. All promotional details, rules, and regulations were featured on a branded landing page on the Visit the Santa Ynez Valley website:
www.visitsyv.com/midweek/.
Digital channels did the heavy lifting as we promoted the campaign via paid Facebook, Instagram, and Meta distribution. Leveraging the equity of the existing “Place To Be” brand campaign, we incorporated our midweek message as an overarching theme across the creative elements. Retargeting ads, served to those who had clicked but not booked, introduced the exclusivity of the Midweek Membership Club.
Integrating public relations was a key element of this campaign as we asked our PR team to pitch the idea to media as well.
See below for sample ads and stats from the campaign.
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Paid Facebook - Midweek Promotion
*91 people did a booking search on the midweek landing page. 48 directly from the Facebook campaign. The promotion resulted in 59 overnight stays and over $13,000 in direct bookings to Santa Ynez Valley hotels.
Top Of Funnel
Impressions: 262,257
Link Clicks: 2,759
CTR: 1.05%
CPC: $0.47
Retargeting
Impressions: 253,997
Link Clicks: 2,803
CTR: 1.10%
CPC: $0.52
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@VisitSYV Social Media Stats
• Facebook audience: 20,098 followers (8.3% YOY increase) • Twitter audience: 4,154 followers
• Instagram audience: 14,292 followers (12% YOY increase) Verdin Marketing
VisitSYV continues to work with Central Coast based marketing agency Verdin Marketing on our organic social media. Under VisitSYV’s guidance and marketing pillars, Verdin produces and schedules organic social content utilizing a combination of VisitSYV assets and user generated content.
Onsite Activations
Santa Barbara International Film Festival
VisitSYV was a proud on-screen sponsor at the Santa Barbara International Film Festival, February 8 – 18, 2023. Our full screen ad was played before over 300 screenings during the festival. Our goal was to increase VisitSYV’s presence within Santa Barbara County and inspire the 90,000 festival attendees from around the globe to spend a few days with us here in the SYV.
Print Advertising
2023 California Visitors Guide & Central Coast Insert
VisitSYV partnered with the California Central Coast Tourism Council for an insert listing and a directory listing in the Official 2023 California Visitors Guide (500,000 copies printed). Distribution takes place via newsstand copies, Visit California and Sunset events, direct mailings to qualified consumers, and targeted distribution via auto clubs, rental car agencies, visitor centers, and more. The co-op partnership allowed for both a featured listing in the insert, and a featured listing in the guide’s directory, doubling VisitSYV’s coverage within the guide.
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Tradeshows
USA Travel Show
Shelby Sim attended the annual USA Travel show in Copenhagen, Denmark March 20 – 24, 2023. Shelby met one on one with Scandinavian journalists and spoke on a panel on what’s new in Solvang and the Santa Ynez Valley.
Staff & Board Development
Visit California Travel Outlook
Shelby Sim attended the Visit California Travel Outlook in Sacramento March 7 – 9, 2023. Shelby was able to network with Visit California’s international representatives and foster both new and existing relationships, while learning about current travel trends and strategies.
Grants and Special Projects 1st Quarter 2023
The purpose of our grants program continues to be to assist with publicity and outreach for valley events which encourage overnight stays. Primary consideration goes to events which occur mid-week (Sunday to Thursday) and/or in off-season. Special projects include charitable donations and community improvement.
These funds in Q1 2023 were awarded to the following:
• Santa Barbara International Film Festival: $10,000
• California Missions Foundation Retrofit Project for Mission Santa Ines: $5,000 • World of Pinot Noir: $1,500
• Buellton Wine & Chili Festival by Discover Buellton glass sponsorship: $4,000 • Garagiste Festival: $3,250
• Santa Ynez Chamber Infrastructure Grant: $2,000
• Women Winemakers International Celebration to benefit The Rainbow House: $1,000 • Solvang Theaterfest Spring & Summer Concert Series: $10,000 Total Grants: $36,750
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Collaborations with Santa Barbara County DMOs and other organizations VisitSYV collaborates actively with other county destination marketing organizations, including Solvang IDK, Buellton Visitors Bureau, the Santa Barbara County Vintners Association, Visit Santa Barbara, the Los Olivos, Buellton, Solvang, and Santa Ynez Chambers as well as the Los Alamos Business Association, and The Chumash Foundation.
Public comment
Members of the board and the President continue to be called upon to make written and/or verbal public comment on several hotel and tourism related issues. Each question is raised on a board agenda and voted upon by the board, or authorized by the Chairman, before comment is made. Ongoing participation with our water challenges, cannabis, wine ordinance and special events ordinance hearings is anticipated by President, Shelby Sim, and, when needed, Linda Johansen, Chairman.
Organization
Kimberly Walker (Skyview Motel) had to step down in January due to a busy schedule. She was replaced by Dave Elcon, General Manager of The Inn at Mattei’s Tavern. Dave Moser (Sunstone) had to step down in February because he moved to Los Angeles. He was replaced by Michael Brughelli, Winemaker at Folded Hills Winery.
The board meets monthly at The Alisal Ranch, normally the 2nd Thursday of the month, 9:00 a.m. in person.
The board consists of nine individuals, seven of which are from the hotel industry and the other two are an at large representation of the membership base.
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Staff & Board of Directors
President & CEO - Shelby Sim
Vice President of Marketing - Danielle Laudon Ruse
Website & Membership Administrator – Brenda Ball
The board members are:
Chairperson – Linda Johansen, Owner, Pea Soup Andersen’s Inn, Buellton Vice Chairperson – Jonathan Rosenson, Owner, Mirabelle Inn, Solvang Secretary – Stormie Strickland, Director of Sales, Hotel Corque, Solvang Treasurer – Jim Flagg, Owner, Hampton Inn & Suites, Buellton Kathleen Cochran, General Manager, The Alisal Ranch, Solvang Greer Shull, Director, Fess Parker Wine County Inn, Los Olivos Dave Elcon, General Manager, The Inn at Mattei’s Tavern, Los Olivos Michael Brughelli, Winemaker, Folded Hills Winery, Buellton Will Henry, Owner, PICO Restaurant, Los Alamos
Respectfully submitted by:
Shelby Sim, President and CEO
Santa Ynez Valley Hotel Association, dba Visit the Santa Ynez Valley [email protected]
PO Box 633, Solvang, CA 93464
www.visitsyv.com, 805-451-6038
68 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.e
Meeting Date: August 28, 2023
SUBJECT: For second reading Adopt by Title Only Ordinance No. 23-0368 adding Chapter 5 (Graffiti Abatement) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and Making a Determination of Exemption under the California Environmental Quality Act
PREPARED BY: Dave Fleishman, City Attorney
Taylor Foland, Deputy City Attorney
DISCUSSION:
At its August 14 meeting, the City Council introduced an ordinance to address the abatement of graffiti on private property within the City, and to provide a mechanism to recover City expenses incurred in abating graffiti not otherwise addressed or removed by the private property owner.
The attached draft ordinance is returning to Council for second reading and adoption.
ALTERNATIVES:
The Council could decline to adopt the ordinance and give staff alternative direction.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the ordinance. Upon adoption, minor codification expenses will be incurred that are within currently budgeted expenses. Additional cost of enforcement and abatement will depend on the severity of future instances of graffiti, but cost recovery is included within the ordinance and is expected to reduce the fiscal impact of abatement to approximately neutral.
ATTACHMENTS:
A. Draft Ordinance No. 23-0368
69 ORDINANCE NO. 23-0368
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA ADDING CHAPTER 5 (GRAFFITI ABATEMENT) TO TITLE 5 (PUBLIC HEALTH AND SAFETY) OF THE
SOLVANG MUNICIPAL CODE AND MAKING A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of Solvang recognizes that graffiti on private and public property in the City threatens public health, safety and welfare as graffiti negatively impacts property values and the quality of life in the community; and
WHEREAS, the City Council finds and determines that abatement of such conditions will enhance the appearance of, and benefit the use and enjoyment of, properties in the City, and will appreciate property values and the appearance of properties; and WHEREAS, the City Council further finds and determines that if graffiti is not promptly removed, such graffiti can result in detrimental impacts to the public health, safety and welfare of the citizens of the City such as generate additional vandalism and property damages; and WHEREAS, the City Council seeks to implement a graffiti abatement program to expeditiously remove graffiti from public and private properties; and WHEREAS, the City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti, to prevent the spread of graffiti, protect public safety, establish a program to swiftly remove graffiti from public and private properties, and institute an effective and fair cost recovery mechanism for removal of graffiti by the City, if necessary.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1. Chapter 5 (Graffiti Abatement) of Title 5 (Public Health and Safety) of the Solvang Municipal Code is hereby added to read as follows:
Chapter 5
GRAFFITI ABATEMENT
Sections:
5-5-1 Purpose and intent.
5-5-2 Definitions.
5-5-3 Nuisance declared.
5-5-4 Graffiti prohibited.
5-5-5 Graffiti eradication program.
5-5-6 Identification of party responsible for graffiti. 5-5-7 Recovery of graffiti eradication costs and expenses. 5-5-8 Graffiti removal.
5-5-9 Graffiti abatement and cost recovery proceedings. 5-5-10 Assessment and payment of costs.
5-5-11 Alternative means of enforcement.
5-5-12 Possession of graffiti implements.
Attachment A
70 5-5-13 Reward for information.
5-5-14 Savings clause.
5-5-1 Purpose and intent.
The purpose and intent of this chapter is to provide a program to prevent and control the further spread of graffiti within the city, to establish a process for the removal of graffiti from real and personal property, and to assess and recover costs related to such removal. 5-5-2 Definitions.
AEROSOL OR PRESSURIZED PAINT CONTAINER. Any aerosol container, regardless of the materials from which it is made, which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. “Aerosol or pressurized paint container” does not include a container of less than six ounces capacity provided to a minor for the minor’s use or possession under the supervision of the minor’s parent, guardian, instructor or employer.
ENFORCEMENT OFFICER. Any city employee or agent of the city with the authority to enforce any provision of this code, including, but not limited to, the director of public works, code enforcement officer, and any peace officer.
ETCHING SOLUTION. Any caustic cream, gel, liquid, or other solution capable, by means of a chemical reaction, of defacing, damaging, or destroying hard surfaces in a manner similar to acid.
FELT TIP MARKER. Any broad tip marker pen with a tip exceeding one-eighth of one inch in width, or any similar implement containing an ink that is not water soluble.
GRAFFITI. Any unauthorized inscription, writing, lettering, word, figure, mark, drawing or design that is written, marked, etched, scratched, drawn, painted or otherwise placed on any part of real or personal property, regardless of the nature of the material of that part.
GRAFFITI ABATEMENT COSTS AND EXPENSES. Includes, but is not limited to, applicable court costs, attorney’s fees, costs of removal of the graffiti, costs of repair and replacement of defaced property, costs of administering and monitoring the participation of a defendant and their parents or guardians in a graffiti abatement program, disbursed reward money, and related administrative, overhead, and incidental costs incurred in performing or causing the performance of the enforcement, abatement or collection procedures defined in this chapter.
GRAFFITI ERADICATION COSTS AND EXPENSES. Graffiti abatement costs and expenses plus any law enforcement costs incurred in identifying and apprehending the person who created, caused or committed the graffiti on the publicly or privately owned real or personal property.
GRAFFITI IMPLEMENTS. An aerosol or pressurized paint container, a felt tip marker, gum label, paint stick graffiti stick, etching solution, etching tool, or other similar devices that may be used to scar or deface property. “Graffiti Implements” do not include items furnished for use in school-related activities that are part of an approved instructional program, when such items are used under controlled and supervised situations within the classroom or on the site of a supervised educational project. 71 GUM LABEL. Any sheet of paper, fabric, plastic or other substance with an adhesive backing which, when placed on a surface, is not easily removable.
PAINT STICK OR GRAFFITI STICK. Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of one inch in width, which cannot be removed with water after it dries.
PERSON IN CONTROL OF REAL PROPERTY. An owner of the real property, a manager who is designated by the owner of the property to maintain the real property, or a renter or lessee of real property where a term of the rental agreement or lease provides that the renter or lessee is responsible for the upkeep and maintenance of the real property including painting of the property.
REAL OR PERSONAL PROPERTY. Includes, but is not limited to, public or privately owned buildings or other structures, such as walls; fences; signs; retaining walls; driveways; walkways; sidewalks; curbs; street lampposts; hydrants; trees; electric, light, power, telephone or telegraph poles; drinking fountains; benches; display stands; utility boxes; and garbage receptacles.
RESPONSIBLE PARTY. Any person, including a minor, who has been determined to have placed graffiti on real or personal property of another person. “Responsible Party” also includes: a minor who has confessed to, admitted to or pled guilty or no contest to, or has been convicted by final judgment of a violation of Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7, and a minor who has been declared a ward of the juvenile court pursuant to Welfare and Institutions Code Section 602 by reason of the commission of an act prohibited by Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7. The parents or guardians having custody and control of a minor who is a responsible party are also “Responsible Parties” for the purposes of this chapter.
UNAUTHORIZED. Without the prior consent of the property owner or in violation of any law or regulation.
5-5-3 Nuisance declared.
The City Council declares that graffiti is a public and private nuisance, and may be abated pursuant to this chapter, or as otherwise provided by law.
5-5-4 Graffiti prohibited.
A. It is unlawful for any person, regardless of age, to place graffiti upon any real or personal property when the graffiti is visible from any public right-of-way or from any other public or private property.
B. It is unlawful for any person who is in control of any real or personal property within the city to knowingly allow graffiti, which is visible from any public right-of-way or from any other public or private property, to remain upon real or personal property for a period of time longer than forty-eight hours after having been given notice as provided for in Section 5-5-8. 72 C. It is unlawful for any person, regardless of age, to aid, abet or encourage another to paint, etch or in any other manner apply graffiti upon public or private real or personal property of any kind within the city.
5-5-5 Graffiti eradication program.
The City Manager is authorized to establish a comprehensive Graffiti Eradication Program that may, but is not required to, include the following: pro-active enforcement to identify, apprehend and prosecute persons who have placed graffiti on the real or personal property of another; establishment of procedures to pursue restitution of graffiti eradication costs from responsible parties; establishment of a preventive education program within local schools to prevent graffiti; establishment of an offender education program with the intent of diverting those apprehended for graffiti related offenses; establishment of a "graffiti hotline" to be used by the community to report real or personal property which has been defaced with graffiti; coordination of an "adopt an area or neighborhood" for reporting and clean-up of graffiti; and the coordination and maintenance of a graffiti wipe-out program that utilizes available resources and enlists citizen volunteers and those who are responsible for community service as an imposition of sentence or condition of probation with the goal of cleaning graffiti from real or personal property within the city within forty-eight hours of its appearance. 5-5-6 Identification of party responsible for graffiti.
A. To assist enforcement officers in identifying the responsible party in incidents of graffiti, enforcement officers are authorized to request and receive any report or materials containing the names and addresses of responsible parties to the fullest extent allowed by law.
B. The authority granted in this section includes, without limitation, the authority to receive a report from the county probation officer containing the names and addresses of parent or guardians having custody and control of minors who are responsible parties pursuant to California Government Code Section 38772(c).
C. An enforcement officer may apply to the juvenile court for the release of the names and addresses of responsible parties who are minors.
5-5-7 Recovery of graffiti eradication costs and expenses.
A. Any responsible party as defined in this chapter shall be liable to the city for all graffiti eradication costs and expenses.
B. All responsible parties shall be jointly and severally liable for the graffiti eradication costs and expenses on a particular property.
C. The enforcement officer shall cause to be sent an invoice for graffiti eradication costs and expenses to a responsible party. The invoice for graffiti eradication costs and expenses shall contain:
1. The address or location of the defaced real or personal property and the location and a description of the defaced personal property, sufficient to identify the property;
2. A summary of the graffiti eradication actions performed; 73 3. An itemized list of the graffiti eradication costs and expenses incurred;
4. The identity of the responsible party and the basis of that determination;
5. A description of the payment process, including the time within which and the place to which the graffiti eradication costs and expenses shall be paid;
6. A statement advising that the graffiti eradication costs and expenses shall be a personal obligation of the party;
7. A statement advising that the city may pursue a special collection process for the graffiti eradication costs and expenses against real property owned by the responsible party; and
8. A description of the process by which a responsible party may protest the determination that he or she is a responsible party or the amount of the graffiti eradication costs and expenses. 5-5-8 Graffiti removal.
All persons who own real or personal property upon which graffiti has been placed shall cause the removal of such graffiti in accordance with this section within 48 hours after it is placed on the property.
If the owner fails to do so, the city may abate and remove the graffiti on public or private property in accordance with this Section.
A. Graffiti that is visible from any public right-of-way or public or private property shall be removed in accordance with the following provisions:
1. Removal by property owner. The property owner or other person in control of real property shall perform the removal with their own resources.
2. Removal by the city with consent of property owner. The city or its agents may remove graffiti upon satisfaction of the following conditions:
a. The property owner has shown that they are unable to remove the graffiti due to financial or physical reasons and has requested in writing that the city remove the graffiti; b. The city obtains the consent of the property owner to remove the graffiti; c. The property owner executes a release and right of entry form permitting such graffiti removal;
d. The city shall not paint or repair a more extensive area than is necessary to remove the graffiti, unless the city determines that a more extensive area needs repainting or repairing in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner agrees to pay for the cost of repainting or repairing the more extensive areas; and, e. The owner provides paint of a specific color to match if they so desire or are able to. 74 3. Removal by city without consent of property owner. An enforcement officer may order abatement of graffiti from real or personal property when the owner does not successfully remove the graffiti with his or her own resources, or satisfy the conditions of subsection (A)(2) of this Section.
B. Standards for graffiti removal. Graffiti shall be removed or completely covered in a manner that renders it inconspicuous. When graffiti is painted out, the color used to paint it out, to the extent available and practicable, shall match the original color of the surface, or the surface shall be completely repainted with a new color that is aesthetically compatible with existing colors and architecture. The removal shall not leave shadows and shall not follow the pattern of the graffiti such that the letters or similar shapes remain apparent on the surface after graffiti markings have been removed. If the area is heavily covered with graffiti, the entire surface shall be repainted. 5-5-9 Graffiti abatement and cost recovery proceedings.
Abatement of graffiti and assessment of graffiti abatement and/or eradication costs shall be in accordance with the following procedure:
A. Following a report of graffiti from any source, an enforcement officer shall issue a notice of intent to abate the graffiti as a public nuisance, and shall serve such notice to the owner or occupant of the premises. The notice shall be sent by certified mail, return receipt request.
B. The notice of intent shall be substantially in the following form:
NOTICE OF INTENT TO ABATE NUISANCE-GRAFFITI
(Name and address of person notified)
(Date)
NOTICE IS HEREBY GIVEN that you are required by Solvang Municipal Code Title 5, Chapter 5 to, at your sole expense, remove or paint over the graffiti in existence on the property located at (address), which is visible to public view, by (date). If you fail to do so, the City or its agents will enter your property and remove or paint over the graffiti. The cost of such removal and/or painting will be assessed against you and your property, and such costs will constitute a lien upon such property until paid.
You may request a hearing to contest this notice. To request a hearing, you must submit a written request to the City by (date). If a request is not received by this date by the City, the City shall have the authority to proceed with the abatement of the graffiti inscribed on your property without further notice or hearing, and at your expense.
Your presence is not required at the hearing. In lieu of attendance, you may submit a sworn written statement executed under penalty of perjury, as to why you are not responsible for the removal of the graffiti, and/or assessment of costs of removal and/or painting. If you do not appear in person at the hearing, your sworn written statement as described will be considered as your sole testimony. 75 C. Upon receipt of a request for hearing to contest a notice of intent, the city shall set a date and time for the hearing and notify the person requesting the hearing of the date, time, and location of the hearing. All hearings under this chapter shall be held before the City Manager or his/her designee, who shall hear all facts and testimony he/she deems pertinent. Said facts and testimony may include testimony on the location of the graffiti and the circumstances concerning its placement on the real or personal property. The City Manager shall not be limited by the technical rules of evidence. After the hearing, the City Manager shall serve notice of his/her written decision to the person requesting the hearing, or other affected parties, within fifteen working days. 5-5-10 Assessment and payment of costs.
A. Following abatement, the city shall send an invoice to the owner of the real or personal property upon which graffiti has been abated by the city. The notice shall specify all graffiti abatement and eradication costs. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.
The notice shall be sent by certified mail to the property owner, if the property owner’s identity can be determined from the county assessor’s or county recorder’s records. If the owner of the property, after diligent search, cannot be found, the notice may be served by posting a copy of the notice upon the property in a conspicuous place, for a period of ten days. The notice shall also be published pursuant to Government Code Section 6062 in a newspaper of general circulation that is published in Santa Barbara County.
B. The total cost of graffiti abatement and eradication, including all administrative costs, shall be paid by the owner or other person in control of the real property or the owner of personal property upon which graffiti has been abated, within thirty calendar days after service of notice.
C. Pursuant to Government Code Section 38773.5, the total cost of abatement and eradication, including all administrative costs, shall constitute a special assessment against the property subject to the graffiti abatement, if not paid in full within thirty days after service of the invoice. After the assessment is made, it shall constitute a lien on the property subject to the graffiti abatement. Such special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes. However, if any real property to which a special assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the special assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
D. Instead of making the cost of abating a nuisance a special assessment against the property subject to graffiti abatement, the city may make the cost the personal obligation of the property owner or other person creating, causing, committing, or maintaining the nuisance. In such a case, all of the procedures of this chapter apply except those specially related to assessment of the property. The property owner or person in control will remain responsible for all abatement and eradication costs until reimbursement is collected by the city from the person creating, causing or committing the nuisance. 5-5-11 Alternative means of enforcement.
Nothing in this chapter shall be deemed to prevent the City Council from authorizing the City Attorney to commence any other available civil or criminal proceedings to abate a public nuisance in addition to or 76 alternative to proceedings set forth in this chapter. At the time the abatement action is filed, the City Attorney may elect to seek recovery of attorneys' fees incurred in a graffiti abatement action under this chapter. In a case where the City Attorney makes this election, the prevailing party shall be entitled to recover attorneys' fees. In no event shall the award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action. 5-5-12 Possession of graffiti implements.
A. It shall be unlawful for any person under the age of eighteen years of age to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures upon public or private property without the prior written consent of the owner or occupant of such private property. The provisions of this Section shall not apply to the possession of graffiti implements by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class or activity at the school that formally requires the possession of graffiti implements. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a graffiti implement.
B. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, recreational facility, or other public building or structure owned or operated by the city or while in or within fifty feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the city. 5-5-13 Reward for information.
A. Pursuant to Section 53069.5 of the Government Code, the city may offer a reward of up to five hundred dollars for any person or persons who furnish information to the city leading to the arrest and conviction, adjudication as a juvenile offender, or confession of any person for violation of Section 5-5-4 or California Penal Code Section 594. Such information may be furnished in whatever method that provides for adequate identification of the violator(s) which may include photo or video evidence. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, may constitute a conviction.
B. Moneys collected from penalties shall be deposited into the city’s general fund, and those moneys may be utilized to pay for the monetary reward and graffiti control program.
C. Claims for rewards under this section shall be filed with the City Clerk. Each claim shall:
1. Specifically identify the date, location and kind of property damaged or destroyed;
2. Identify the person who was convicted of or who confessed to violating Section 5-5-4 or California Penal Code Section 594;
3. Identify the court and the date upon which the conviction occurred or the place and the date of the confession;
4. No claim for a reward shall be allowed unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. The investigation must determine that the claimant’s information was relevant and directly responsible for the arrest and conviction of the suspect.
77 5-5-14 Savings clause.
This chapter is not intended to conflict with California law, and shall be construed to avoid conflict with or preemption by California law. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, and to this end the provisions of this chapter are severable. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 2. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures. The City has determined that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (general rule), because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 3. Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.
PASSED, APPROVED, AND ADOPTED on this 28th day of August 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 78 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0368 was duly introduced at a regular meeting of the City Council held on the 14th day of August, 2023, and was duly adopted at a regular meeting of said City Council held on the 28th day of August 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
79 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.a
Meeting Date: August 28, 2023
SUBJECT: Discussion and possible action to Introduce for first reading by title only Ordinance No. 23-0369 removing Section 6-2-5, amending Section 7-3-10, and adding Chapter 6 (Camping) to Title 5 (Public Health and Safety) of the Solvang Municipal Code and making a determination of exemption under the California Environmental Quality Act
PREPARED BY: David Fleishman, City Attorney
Taylor Foland, Deputy City Attorney
DISCUSSION:
At its July 10 meeting, the City Council discussed possible amendments to the City’s anti-camping ordinance and directed the City Attorney’s office to prepare an ordinance to update the City’s ordinance in line with recent legal developments, and specify certain areas in the City on which camping may not occur in order to maintain clean, sanitary and accessible public areas in the City.
The attached draft ordinance is modeled on a recently updated camping ordinance from the City of Grover Beach. The draft ordinance prohibits the use of vehicles for human habitation as well as camping on public streets and property subject to certain reasonable time, place and manner restrictions. It permits camping on private property by the property’s owners, lessees or houseguests, or with the express permission of the owner provided that people camping on private property have access to proper sanitary facilities. The draft ordinance allows the City Manager to modify or suspend enforcement of any camping regulation in the event of a declared emergency, weather conditions, or for any other reason within the City Manager’s authority.
In particular, the draft ordinance would prohibit camping or habitation on any City property, rights ofway and essential City-owned public utilities except where an individual does not have any other permanent residence and/or is involuntarily homeless (i.e. no available shelter spaces for lodging).
Under those circumstances, camping would only be permitted in accordance with specific rules and regulations governing the location of camps, the amount of time a camp may stay in one place, and the size and condition of the camp. Specifically, the draft ordinance would prohibit camping of any kind in the Tourist Commercial District (TRC), on the property of essential City-owned or operated public utilities, and within 100 feet of Mission Drive, among other specified locations in the City, regardless of shelter availability. The draft ordinance would also cap the amount of time a camp may exist in one location at a maximum of 24 hours, after which the camp and all associated materials must move at least two blocks or 1200 feet away to a different location. It would further limit the size of camps to 144 square feet as well as the proximity of camps to one another. Lastly, the draft ordinance would impose certain requirements governing the condition of the camps to ensure camps do not endanger public health and safety, such as prohibiting open flames, recreational fires, bonfires, and other similar forms of heating deemed unsafe by the City or County Sheriff, prohibiting the dumping of gray or black water into any place not intended for such substances, and precluding camps from obstructing fire hydrants, utility poles, or other utility or public infrastructure, buildings, vehicles, and rights-of-way and passages such that vehicles, pedestrians and bicycles are unable to use them as intended.
The draft ordinance would also prohibit the use of vehicles for human habitation on public property and rights-of-way between the hours of 9:00 p.m. and 6:00 a.m., near schools, and anywhere in the TRC Zone.
As part of the camping regulations, the draft ordinance prescribes specific enforcement procedures that would afford individuals an opportunity to cure their violation, and require issuance of a 72-hour notice of intent prior to further enforcement action, such as removal and/or clean-up of the camp. The City 80 would retain the ability to remove or clean up camps creating or contributing to a violation in the case of an emergency, danger to human life or safety, or illegal activities depending on the severity of the situation.
Finally, the draft ordinance establishes procedures for removing and storing personal property in accordance with camping violations. Personal property would be kept for a period of ninety days, after which it may be disposed of if unclaimed.
ALTERNATIVES:
The Council could decline to introduce the ordinance and give staff alternative direction.
FISCAL IMPACT:
There is no fiscal impact associated with the introduction of the ordinance. Should the Council adopt the ordinance on second reading, minor codification expenses will be incurred that are within currently budgeted expenses. Additional cost of enforcement will depend on the frequency of future violations of the ordinance. While the City may recover costs through collection of administrative fees, the proposed notice procedures and preference for achieving compliance through means other than citation, as well as the ability of violators to pay fines, may reduce the amount the City recovers under this ordinance.
ATTACHMENTS:
A. Draft Ordinance No. 23-0369
81 ORDINANCE NO. 23-0369
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA REMOVING SECTION 6-2-5, AMENDING SECTION 7-3-10 AND ADDING A NEW CHAPTER 6 (CAMPING) OF TITLE 5 (PUBLIC HEALTH AND SAFETY) OF THE SOLVANG MUNICIPAL CODE TO ESTABLISH
CAMPING REGULATIONS IN THE CITY AND MAKING A DETERMINATION OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of Solvang (“City”) desires to amend its camping and vehicle habitation ordinances in according with current law; and WHEREAS, the City finds that camping and storage of personal property in public areas, rightsof-way, and adjacent to essential public utilities can interfere with the intended uses of such spaces and create public health and safety hazards that adversely affect the City’s residents; and WHEREAS, the City has determined that maintaining public areas, rights-of-way and essential public utilities in a clean, sanitary and accessible condition allows the public to use and enjoy public areas and amenities for their intended purposes and ensures such areas remain accessible for shelter and sleeping for those who have no other options for shelter; and WHEREAS, the City desires to adopt a camping ordinance for the purpose of protection of the public health, welfare and safety of its residents, and in accordance with current law.
NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:
SECTION 1. Section 6-2-5 “Sleeping in public and private places” is hereby repealed in its entirety.
SECTION 2. Section 7-3-10 “Recreational vehicles.”, Chapter 3 “Stopping, standing and parking”, Title 7 “Motor Vehicles and Traffic” is hereby amended to read as follows:
“7-3-10 Recreational vehicles.
A. Definitions.
CAMPING TRAILER or CAMPER. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfold at the campsite, and designed for human habitation for recreational or emergency occupancy.
MOTOR HOME. A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, and designed for human habitation for recreational or emergency occupancy.
RECREATIONAL VEHICLE. Any motor home, slide-in camper, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy.
SLIDE-IN CAMPER. A portable unit consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy.
TEMPORARY RECREATIONAL VEHICLE. Any motor vehicle altered and equipped for sleeping or human habitation.
82 TRAVEL TRAILER. A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle, and designed for human habitation for recreational or emergency occupancy.
B. Parking Restrictions. No person shall park a recreational vehicle or temporary recreational vehicle in the municipal center parking lot. The city engineer is authorized to place signs or markings within or about the municipal center parking lot to effectuate the provisions of this subsection.
C. Use of Vehicles for Human Habitation on Public Property. It is unlawful for any person to use any vehicle, recreational vehicle, or temporary recreational vehicle, for human habitation on any public street or alley, city parking lot, city right-of-way, or public property, as follows, unless the City Manager, or their designee, specifically authorizes a public street, alley, city parking lot, city right-of-way or public property to be used for habitation:
1. Between the hours of 9:00 p.m. of one day and 6:00 a.m. the next day; and
2. At any time, within 200 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to the standards set by the State Board of Education. School for purposes of this section does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries; and
3. At any time, within any area zoned Tourist Commercial District (TRC) on the City of Solvang Zoning Map in effect at the time.
D. For purposes of this Section, evidence of human habitation may include observations, considering all the circumstances, that a person is using a vehicle, recreational vehicle, or temporary recreational vehicle for: sleeping, bathing, preparing or cooking meals, possessing or storing items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping gear, food, water, personal grooming items, or containers of feces or urine. Evidence of human habitation may also include observations, considering all the circumstances, that: a person has obscured some or all of the windows; there is litter, rubbish, or waste in or around the vehicle, recreational vehicle, or temporary recreational vehicle; there is furniture set up in or around the vehicle, recreational vehicle, or temporary recreational vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; or there is evidence of human urination or defecation around the vehicle, recreational vehicle, or temporary recreational vehicle.
SECTION 3. Chapter 6 (Camping) is hereby added to Title 5 (Public Health & Safety) to read as follows:
“Chapter 6. Camping
5-6-1 Purpose.
5-6-2 Definitions.
5-6-4 Camping on City property.
5-6-5 Camping on private property.
5-6-6 Enforcement
5-6-7 Violations
5-6-1 Purpose.
83 Public areas within the City should be accessible and available to residents and the public at large for their intended uses. The unauthorized use of public areas for camping and the storage of personal property interferes with the rights of other members of the public to use public areas for their intended purposes and can create a public health or safety hazard that adversely affects residential and commercial areas. The purpose of this chapter is to maintain public areas in clean, sanitary and accessible condition to prevent the misappropriation of public areas for personal use, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses, while also making public areas available for shelter and sleeping by people who have no other options for shelter.
5-6-2 Definitions.
CAMP or TENT CAMP or CAMPING means to pitch a tent, use, or occupy camp materials or a camp for the purpose of occupancy, habitation, or sheltering for survival, and in such a way as will facilitate sleeping or storage of personal belongings, carrying on cooking activities, taking measures to keep protected from the elements including heat and cold, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep. A “Camp” or “Campsite” is a location where people camp or are camping. Camp, tent camp, or camping does not include vehicles, automobiles or recreational vehicles used for shelter and/or sleeping on public property, which is regulated in Section 7-3-10.
CAMP MATERIALS may include, but are not limited to, tents, chairs, tarps or tarpaulins, cots, beds, sleeping bags, flameless stoves, blankets, sleeping or bedding materials, food or food storage items, and/or similar items that are or appear to be used as living and/or sleeping accommodations, or to assist with living and/or sleeping activities.
ESSENTIAL CITY-OWNED OR OPERATED PUBLIC UTILITIES means all City-owned or controlled property, whether in fee title, or as holder of an easement or lease, on which the City operates public utilities or other essential services, including, but not limited to the Solvang Municipal Center, Solvang Wastewater Treatment Plant and water wells operated by the City.
ESTABLISHED CAMPSITE means a location or locations in the public right-of-way or on City property where a camp, camps, and/or camp materials have been set up for twenty-four (24) hours or more.
Established Campsites shall consist of no more than two individuals, two leashed dogs, and one tent.
Established campsite does not include vehicles, automobiles or recreational vehicles used for shelter and/or sleeping on public property, which is regulated in Section 7-3-10.
PUBLIC RIGHTS-OF-WAY means all City-owned or controlled rights-of-way, whether held in fee title or as holder of an easement for right-of-way or public access purposes. Public rights-of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular, pedestrian, utilities or other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.
5-6-3 Camping on City property.
A. It is prohibited at all times for any person to use City property, rights-of-way and essential Cityowned public utilities to camp or for camping or for the purpose of occupancy, habitation, or sheltering for survival except as otherwise authorized in this Chapter, provided that the City Manager may, in their discretion, designate certain City properties or portions of properties or rights-of-way as exclusive areas where camping for sheltering and/or sleeping may be allowed 84 on a limited basis, and may set the terms and conditions of any camping use that may be allowed.
B. People who do not have any other permanent residence or domicile and/or are involuntarily homeless are not prohibited from camping on public property or rights-of-way, provided camping occurs in compliance with the following regulations and is consistent with any administrative rules and policies promulgated by the City Manager, or their designee, in accordance with subsection A:
1. Unless otherwise specified, any camping or camp, where allowed, may only occur for 24 hours at a time in any one location. After a camp has been in one place for 24 hours or more, the City may post notice at the location that the camp, and all associated camp materials, must be removed no more than 72 hours later and all personal property remaining will be removed, as described in Section 5-6-7. After 24 hours in one location, the camp and all associated camp materials must be moved at least two blocks or 1200 feet, whichever is greater.
2. In addition to the prohibition on camping on City property in subsection A, camping is not allowed at any time in any of the following places:
i. Any area zoned Tourist Commercial District (TRC) on the City of Solvang Zoning Map in effect at the time.
ii. Property of any essential City-owned or operated public utilities. iii. Any place where camping, a camp, or camp materials create a physical impediment to emergency or non-emergency ingress, egress or access to property, whether private or public, or on public sidewalks or other public rightsof-way, including but not limited to driveways providing access to vehicles, and entrances or exits from buildings and/or other real property. iv. Any vehicle lane, bicycle lane, or roundabout within any public-right-of way. v. On any street or public right-of-way the City has closed to camping due to construction, heavy vehicle use, or other use of the roadway that is incompatible with camping in the right-of-way. The City does not need to close a street to vehicle traffic or close a street to camping under this Section. vi. Any location within 100 feet of Mission Drive.
vii. At any time within those areas as defined in Section 7-3-10.C.
3. Camping, when and where allowed, is subject to all of the following:
i. Individuals, camp materials, camps or personal property may not obstruct sidewalk accessibility or passage, clear vision, fire hydrants, City or other public utility infrastructure, or otherwise interfere with the use of the right-of-way for vehicular, pedestrian, bicycle, or other passage.
ii. A camp or camping must be limited to a spatial footprint no greater than 144 square feet. The intent of this section is to allow a person to sleep protected from 85 the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.
iii. To prevent larger camping sites from forming and the impacts that can result, no more than two camps may be set up per street block. If there are any camps set up on a particular street block, no other camp may be within 300 feet of any of those camps, including but not limited to across the street or on another street block. In any park owned or operated by the City, camps may not be within 300 feet of any other camp.
iv. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in the public rights-of-way, on City property, or on any adjacent public or private property.
v. Open flames, recreational fires, burning of garbage, bonfires, or other fires, combustible fuel-based flames, or heating deemed unsafe by the City or the County Sheriff are prohibited. Flameless cooking stoves and other flameless devices for keeping warm are permitted.
vi. Dumping of gray water (i.e. wastewater from baths, sinks, and the like) or black water (i.e. sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes, but is not limited to City streets, public rights-of-way, public waterways and storm drains, which are not intended for disposal of gray water or black water.
vii. Unauthorized connections or taps to electrical or other utilities, or violations of Building, Fire or other relevant codes or standards, are prohibited. viii. Obstruction or attachment of camp materials or personal property to fire hydrants, utility poles, or other utility or public infrastructure, fences, trees, vegetation, vehicles, or buildings is prohibited.
ix. Items used for shelter must be readily portable, such as tents. Individuals may not build or erect structures that are not readily portable, such as structures constructed out of plywood, wood materials, pallets, or other similar materials. x. Storage of personal property such as vehicle tires, bicycles, or associated components (except as needed for an individual’s personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry.
xi. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited.
xii. All animals must be leashed or crated at all times. Dogs must be licensed with the County of Santa Barbara.
4. Enforcement of this subsection may be suspended when an individual does not have access to shelter, when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual’s disability, 86 as may be further set forth in an administrative policy implementing this Chapter adopted by the City Manager, or their designee.
5-6-4 Camping on private property.
It is unlawful for any person to camp between the hours of one-half (1/2) hour after sunset of one day and six (6:00) a.m. of the next day, whether inside or outside of a vehicle, in or on any private property, including, but not limited to vacant lots, parking areas, residential and commercial properties, unless the person camping in or on such private property:
A. Is the owner thereof, or the lessee of such property or the houseguest of such owner or lessee or has the permission of the owner of such property, his or her agent or the person in lawful possession of such property; and,
B. The person(s) camping have access to sanitary facilities approved by the health officer of the county, including, but not limited to toilet, hand washing and trash disposal facilities at all times people are authorized to be present for camping.
5-6-5 Enforcement.
A. The City Manager, or their designee, is specifically authorized to modify or suspend enforcement of any section or element of this Chapter in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Manager's authority, regardless of whether an emergency has been declared.
B. The City Manager, or their designee, may adopt administrative rules or policies governing or guiding enforcement of this Chapter, including, but not limited to ensuring consistent and appropriate enforcement for various circumstances.
5-6-6 Violations.
A. Any violation of this Chapter may be prosecuted as a misdemeanor, pursuant to Chapter 3, of Title 1 of this Code. At the City’s discretion, it may issue Administrative Citations as permitted by Chapter 5A of Title 6 of this Code. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation.
B. Before a citation is issued, the enforcement officer will contact the person and provide a reasonable opportunity to cure or remedy the alleged violation. In the case of an emergency, such as possible site contamination by hazardous materials, or where there is danger to human life or safety or illegal activities where removal can be immediate or accomplished more quickly, depending on the severity of the situation, the City, or its designated contractors, may immediately remove and/or clean-up the camp(s), camp materials or other personal property that are creating or contributing to the violation(s) and the emergency. Any camp, camp materials, or personal property removed or cleaned-up by the City, or its designated contractors, shall be subject to the requirements of storage of personal property and notice of storage provisions in subsection E, below.
C. If, after a reasonable time to cure or remedy the violation given in accordance with Subsection B, above, camps, camp materials or personal property remain in violation of any of the standards in this Chapter, the City, or its designated contractors, may remove and/or clean-up 87 the camp(s), camp materials, or other personal property that are creating or contributing to the violation(s) pursuant to the following procedures:
1. An enforcement officer shall post notice at the location, at least 72 hours in advance, notifying the owner of the campsite and all camping materials and/or personal property that the City shall remove and/or clean-up the campsite and all remaining personal property.
2. A campsite may be removed for violation of this Chapter without a 72-hour notice when there is probable cause for the enforcement official to believe that illegal activity, other than camping, is occurring on the campsite or in the immediate vicinity of the campsite, or the property that comprises the campsite is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or in the event of an exceptional emergency, such as possible site contamination by hazardous materials, or where there is danger to human life or safety. If the danger to human life or safety can be eliminated by moving the established campsite to a safe location, the campsite shall be moved rather than removed.
3. Once the 72-hour notice has been posted, the City may act on the notice and remove the campsite beginning 72 hours after posting for up to ten (10) days following the posting.
4. After a camp has been removed subject to a 72-hour notice or under circumstances when no advance notice is required, the camp and all associated camp facilities must be moved at least two blocks or 1200 feet, whichever is greater, and the City may order that no camp be set up in that same location or a 300-foot radius for up to 30 days. The City will post signs informing the public that camping is temporarily prohibited at the location.
5. When removing personal property, the City will make all reasonable efforts to determine if the property belongs to an individual and has any apparent utility and shall store and make property available as described in subsection E, below. The City will make all reasonable efforts to identify which established campsite property was removed from, to aid in returning the property to its owner.
6. Following removal of personal property from City property or public right-of-way, the City shall post a notice at or as near as possible to the location the property was collected and on the City’s website, stating where the personal property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.
D. Personal property or camp materials may be removed from public rights-of-way, City property, or a camp or campsite if in violation of the provisions of this Chapter.
E. Personal property removed from public rights-of-way or City property and unclaimed at the time of removal will be stored by the City for a minimum of ninety (90) days, or the duration required by law at the time of removal. The City may dispose of any personal property that remains unclaimed after ninety (90) days, or such duration as required or allowed by law.
1. Items that are perishable, that have no apparent use, are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered 88 garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the public rights-of-way or on City property may be immediately discarded.
2. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be given to law enforcement officials.
SECTION 4. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures. The City has determined that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant effect on the environment.
SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.
SECTION 6. This ordinance shall become effective 30 days after its adoption.
SECTION 7. Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.
PASSED, APPROVED, AND ADOPTED on this 11th day of September 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 89 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0369 was duly introduced at a regular meeting of the City Council held on the 28th day of August, 2023, and was duly adopted at a regular meeting of said City Council held on the 11th day of September 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
90 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.b
Meeting Date: May 22, 2023
SUBJECT: Approve Amendment 3 to the Agreement with Carollo Engineers Inc. for an expanded scope of Services for Completion of a Time Schedule Compliance Plan for Regional Water Quality Control Board to Support USDA Grant Application for the WWTP Water quality project for the additional of $106,270 for a total contract amount not to exceed $308,760, for the existing term to April 1, 2024, and authorize the Mayor to execute on behalf of the City
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:
At the March 28, 2022 meeting Council approved Carollo Engineers (Carollo) to be contracted as the consultant to assist the City with seeking possible grant opportunities for the Solvang Wastewater Treatment Plant (WWTP) upgrades. At the November 28, 2022, meeting Council approved Amendment 1 to the service agreement with Carollo for Grant Writing Services in order to compile, complete and submit a Preliminary Engineering Report (PER) for submittal with the USDA grant application. Carollo and City Staff have remained in continued communication with USDA regarding the requirements of the application. USDA then notified Carollo and Staff that an updated 500-year floodplain study would need to be completed to confirm if the WWTP was in a compromising location for completion of the upgrades project. At the May 22, 2023 meeting, Council approved Amendment 2 in order to complete that analysis.
As this process matured, the Regional Water Quality Control Board (RWQCB) notified the City with new proposed effluent limits for the WWTP that could drastically effect treatment technology selection and process operations, compliance upgrades needed at the WWTP, and the overall scope and cost of updated at the plant. To determine the best way to meet or modify the proposed limits, the RWQCB requested the City prepare a Time Schedule Compliance Plan (TSCP). Due to the limited time allowed to prepare the plan, Carollo has assisted the City in developing the plan, meeting with the RWQCB, and submitting a draft plan to the RWQCB. Carollo will continue to assist the City in additional meetings and finalizing the TSCP. Preparation of the TSCP, meetings with the City and RWQCB in relation to the TSCP and related project management tasks are all additional work that are not in the previously contracted scope of work.
The attached amendment number 3 outlines the additional work necessary to continue and complete the TSCP and finish the USDA grant application. The costs for providing these services by Carollo is estimated to be $106,270 for a new not-to-exceed amount of $308,760.
ALTERNATIVES:
The City Council could not approve the amendment, delaying the completion of the submittal of a complete PER for the USDA grant application.
FISCAL IMPACT:
The fiscal impact would be an increase of $106,270 to the WWTP Capital Expense Budget.
ATTACHMENTS:
A. Carollo Engineers Inc. Amendment 3 & Scope of Services 91 AMENDMENT NO. 3
to the Agreement with
CAROLLO ENGINEERS INC.
THIS 3RD AMENDMENT is made and entered into this 28th day of August, 2023 between the CITY OF SOLVANG, a municipal corporation and Charter City (City) and CAROLLO ENGINEERS INC. a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the original Professional Services Agreement dated, April 15, 2022, the First Amendment dated November 28, 2022, the Second Amendment dated May 22, 2023, and this Third Amendment for the amount not to exceed $106,270 for Time Schedule Compliance Plan for Regional Water Quality Control Board to Support USDA Grant Application for the WWTP Water Quality Project for a total contract amount not to exceed $308,760 for the existing term to April 1, 2024.
The scope of services and fees are described in the attached Exhibit 1.
All remaining portions of the original Professional Services Agreement shall remain in full force and effect.
CITY OF SOLVANG CAROLLO ENGINEERING INC.
Mark Infanti, City Mayor Jeff Weishaar, Vice-President
APPROVED AS TO FORM:
Dave Fleishman, City Attorney
ATTEST:
Annamarie Porter, City Clerk
Attachment A
92 5355 Mira Sorrento Place, Suite 270
San Diego, California 92121
P 858-505-1020
carollo.com
Project No / Solvang Amendment 3_TSCP.docx
August 9, 2023
Mr. Randy Murphy
City Manager
City of Solvang
1644 Oak Street
Solvang, CA 93463
Subject: Amendment 3 Proposal for Time Schedule Compliance Plan for Regional Water Quality Control Board.
Dear Mr. Murphy,
Carollo Engineers, Inc. (Carollo) has been assisting the City of Solvang (City) in investigating grant and loan opportunities to support the needed upgrades for the wastewater treatment plant (WWTP). Recently, the Regional Water Quality Control Board (RWQCB) recently approached the City with new proposed effluent limits for the WWTP that could drastically effect treatment technology selection and process operations, compliance upgrades needed at the WWTP, and the overall scope and cost of updated at the plant. To determine the best way to meet or modify the proposed limits, the RWQCB requested the City prepare a Time Schedule Compliance Plan (TSCP). Due to the limited time allowed to prepare the plan, Carollo has assisted the City in developing the plan, meeting with the RWQCB, and submitting a draft plan to the RWQCB. Carollo will continue to assist the City in additional meetings and finalizing the TSCP. Preparation of the TSCP, meetings with the City and RWQCB in relation to the TSCP and related project management tasks are all additional work that are not in the contracted scope of work.
Schedule
The TSCP draft has been issued to the RWQCB. Ongoing work will include meeting with the City and RWQCB to address draft report comments, adjust the work plan, and prepare and submit a final report.
Fee
Our proposed fee to complete this work is $106,270. The fee is detailed in Exhibit A, included with this letter.
We appreciate the City’s consideration in approving this proposal and look forward to successfully completing the work to support the City’s grant efforts.
Sincerely,
CAROLLO ENGINEERS, INC.
Jeff Weishaar, P.E.
Exhibit 1
93 Mr. Randy Murphy
City Manager
August 9, 2023
Vice President
JW:jw
Enclosures: Kasraie Consulting Proposal
cc: File
94 Total Cost
Task Description Professional
Rate $300 $268 $246 $181 $135
Time Schedule Compliance Plan 80.0 60.0 32.0 240.0 18.0 430.0 $93,822 $6,020 99,842.0 Meetings 32.0 20.0 12.0 40.0 0.0 104.0 $25,152 $1,456 $26,608 Draft Report 24.0 16.0 8.0 140.0 10.0 198.0 $40,146 $2,772 $42,918 Final Report 24.0 24.0 12.0 60.0 8.0 128.0 $28,524 $1,792 $30,316 Project Management 4.0 12.0 0.0 0.0 12.0 28.0 $6,036 $392 $6,428 Project Total Hours 84 72 32 240 30 458
Project Subtotals $25,200 $19,296 $7,872 $43,440 $4,050 $99,858 $6,412 $106,270 Lead Project
Professional
Project
Professional
Document
Processing
Total
Hours
EXHIBIT A
WWTP Grant Writing Amendment 3 Request
City of Solvang
August 9, 2023
Other Direct Costs (ODC)
Carollo
Cost
Carollo
ODC
Senior
Professional
95 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6c
Meeting Date: August 28, 2023
SUBJECT: Discussion and possible action to Adopt Resolution No. 23-1227, Approving an Amendment to the Fiscal Year 2023-24 Capital Improvement Program (CIP) and Approving a Budget Adjustment for the Program PREPARED BY: Rodger A. Olds, Director of Public Works/City Engineer DISCUSSION:
The City of Solvang has extensive capital improvement needs. Many of the City’s capital improvement needs involve annual or ongoing maintenance projects. Planning, design and construction of improvements are implemented according to a 10-Year Capital Improvement Program (CIP).
On June 26, 2023, the City Council approved the Fiscal Year 2023-24 Budget which included funding for the FY 2023-24 CIP planned for in the 10-year program. However, there are several on-going projects that are in either the planning or design stages but were not completed in the previous fiscal year. Furthermore, there are projects that were not planned for in the long term 10-year CIP but are being requested to be added to the 2023-24 CIP in order to deliver these projects.
The current CIP list with budgeted funding for FY 2023-24 has been compiled and is shown on Attachment B. The total CIP amounts to $3,738,000 and is spread over eight (8) separate funds.
These include:
FUND NAME FY 2023-24 BUDGETED AMOUNT
General Fund $1,650,000
Gas Tax $200,000
Local Transportation $250,000
Measure A $593,000
Grant Funding $0
Transit $0
Water $730,000
Sewer $800,000
TOTALS $3,738,000
The proposed CIP list with proposed budgeted funding for FY 2023-24 has been compiled and is shown on Attachment C. The total CIP amounts to $5,323,000 and is spread over eight (8) separate funds. These include:
FUND NAME FY 2023-24 BUDGETED AMOUNT PROPOSED CHANGE
General Fund $2,011,000 $846,000
Gas Tax $200,000 $0
Local Transportation $0 ($250,000)
Measure A $643,000 $50,000
Grant Funding $399,000 $399,000
Transit $390,000 $390,000
Water $880,000 $150,000
Sewer $800,000 $0
TOTALS $5,323,000 $1,585,000
96 On August 7, 2023 the Solvang Planning Commission reviewed the proposed FY2023-24 CIP list and passed Resolution 23-07 Attachment D finding that the proposed CIP is consistent with the General Plan.
The greatest request for additional funding is from the City General Fund which accounts for more than half of the requested increase. A brief summary of projects requiring the most significant additional budget from the General fund are as follows:
1. Lots 4 & 5 Electric Vehicle (EV) Charging Project – This project is currently in design and is proposed to fully develop the Parking Lot at the corner of Oak Street and Second Street for parking of City and Transit Fleet Vehicles with charging stations for the future conversion of the City Fleet to EV. This project was on the FY 2022-23 CIP and is requested to be included in the FY 2023-24 budget to allow completion of this ongoing project.
2. Veterans Hall and City Hall Emergency Generators – These are two separate projects both funded in the 2022-23 CIP but not yet delivered. Study and design for both of these projects is underway and staff is pursuing alternative methods to provide emergency power to these locations with a potential solar solution. The scope of the design is still fluid, but the previously budgeted amount is likely to be able to be accomplished well within the total budget of both projects.
3. HCA Pickleball Courts – This project is funded through both grant and general funds. The scope for this project has grown based on the need to replace the courts entirely rather than a simple resurface, grading, drainage and site amenities. Staff has reached out to a designer and will be pursuing a potential third court at the existing location.
4. Sidewalk Infill and Repair – This project is an annual project in the 10-year CIP funded through General Fund and Measure A. The project designed to replace uplifted sidewalk, curb gutter and replace non-standard wheelchair ramps in the Alisal Glenn neighborhood was ready to go to bid in FY 2022-23, however the necessary scope exceeded the allowed budget amount. It is requested that the unspent monies from FY 2022-23 budget be combined with the current FY 2023-24
ALTERNATIVES:
The City Council may decide to fund all or none of the proposed projects. Council may also propose additional projects be added to the CIP.
FISCAL IMPACT:
There will be a fiscal impact to multiple City funding sources depending on what is approved. As proposed the impact across eight (8) total funds is summarized below and shown in greater detail on Attachment C.
FUND NAME PROPOSED CHANGE
General Fund $846,000
Gas Tax $0
Local Transportation ($250,000)
Measure A $50,000
Grant Funding $399,000
Transit $390,000
Water $150,000
Sewer $0
TOTALS $1,585,000
ATTACHMENTS:
Attachment A – Resolution 23-1227
Attachment B – Current FY 2023/24 CIP
Attachment C – Proposed FY2023/24 CIP
Attachment D – PC Resolution 23-07
97 RESOLUTION NO. 23-1227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROVING A BUDGET ADJUSTMENT FOR THE PROGRAM.
WHEREAS, The City of Solvang has need for a Capital Improvement Program (CIP) and utilizes a 10-year CIP for Planning and Programing; and
WHEREAS, the City Council has reviewed the proposed list project in the FY 2023-24 CIP and seeks to keep on-going project funded; and
WHEREAS, the City Council has reviewed the proposed list project in the FY 2023-24 CIP and seeks to keep add and fund the proposed projects to the FY 2023-24 CIP; and WHEREAS, the City Planning Commission found that the proposed CIP is consistent with the City of Solvang General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Solvang does hereby approve and amend the FY 2023-24 CIP as proposed by staff.
SECTION 2. That the City Council of the City of Solvang does hereby authorize a budget adjustment to the FY 2023-24 budget to fully fund the approved CIP.
Section 3. That this resolution shall be effective immediately upon adoption.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 28th day of August, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 98 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1227 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 28th day of August 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
99 Project Name GF Gas Tax
Local
Transportation Measure A Grant Transit Water Fund Sewer Fund Total
TRANSPORTATION AND ROAD IMPROVEMENT PROJECTS
Mission Drive East End Bikeway/Shoulder Widening $ 200,000.00 Pavement Overlay, Repairs & Crack Seal Program $ 350,000.00 $ 150,000.00 $ 200,000.00 $ 700,000.00 Miscellaneous Road Repairs and Maintenance $ 75,000.00 $ 75,000.00 Alisal Bridge Pier Repair Project $ 80,000.00 $ 80,000.00 Mission Drive Ped and Signal Improvements $ 200,000.00 $ 250,000.00 $ 75,000.00 $ 525,000.00
ALTERNATIVE TRANSPORTATION PROJECTS
Lots 4 & 5 EV Charging Project $ -
Transit Vehicle Replacement Program $ -
Sidewalk Infill & Repair $ 100,000.00 $ 100,000.00 $ 200,000.00 Fredensborg Canyon Pedestrian Facility $ 100,000.00 $ 50,000.00 $ 50,000.00 $ 200,000.00 Access Ramp Improvements $ 65,000.00 $ 65,000.00
Bike Lane Improvements $ 28,000.00 $ 28,000.00
FACILITY PROJECTS
Veterans Hall Emergency Generator $ -
City Hall Exterior Painting $ 50,000.00 $ 50,000.00
Annex Building Drainage, Landscaping, and Exterior Painting $ 45,000.00 $ 45,000.00 City Hall Emergency Generator Replacement $ -
Municipal Facilities Master Plan $ -
ADA Improvments for Transit Office $ -
PARKS
HCA Pickleball Courts $ -
Solvang Park Gazebo Repairs $ -
STORMWATER MAINTENANCE & IMPROVEMENT PROJECT
Trash Capture Improvements - Plan Dev. & Implementation $ - Adobe Creek Culvert Replacment $ 40,000.00 $ 40,000.00
WATER PROJECTS
Waterline Replacment Program $ 70,000.00 $ 70,000.00
Water System Security Improvments $ 200,000.00 $ 200,000.00 Water Meter Radio System Upgrade $ 300,000.00 $ 300,000.00 River Wells Project $ 100,000.00 $ 100,000.00
Reservior 3 Expansion Project $ 30,000.00 $ 30,000.00
Reservior 1 Roof Replacement $ 30,000.00 $ 30,000.00
California Lead and Service Line Inventory $ -
SEWER PROJECTS
Manhole Rehabilitation Program $ -
Sewer Line Replacemnt Program $ 800,000.00 $ 800,000.00
BUDGET ADJUSTMENT TOTALS BY FUND
GF Gas Tax Measure A Grant Transit Water Fund Sewer Fund TOTAL Current 2023-24 CIP Totals by Fund $ 1,165,000.00 $ 200,000.00 $ 250,000.00 $ 593,000.00 $ - $ - $ 730,000.00 $ 800,000.00 $ 3,738,000.00 CURRENT FY 2023-24 CIP
ATTACHMENT B
100
Project Name GF Gas Tax
Local
Transportation Measure A Grant Transit Water Fund Sewer Fund Total
TRANSPORTATION AND ROAD IMPROVEMENT PROJECTS
Pavement Overlay, Repairs & Crack Seal Program $ 150,000.00 $ 200,000.00 $ 100,000.00 $ 200,000.00 $ 650,000.00 Miscellaneous Road Repairs and Maintenance $ 75,000.00 $ 75,000.00 Alisal Bridge Pier Repair Project $ 80,000.00 $ 80,000.00 Mission Drive Ped and Signal Improvements $ -
ALTERNATIVE TRANSPORTATION PROJECTS
Lots 4 & 5 EV Charging Project $ 350,000.00 $ 150,000.00 $ 100,000.00 $ 600,000.00 Transit Vehicle Replacement Program $ 150,000.00 $ 215,000.00 $ 365,000.00 Sidewalk Infill & Repair $ 200,000.00 $ 200,000.00 $ 400,000.00 Fredensborg Canyon Pedestrian Facility $ 75,000.00 $ 75,000.00 Access Ramp Improvements $ 65,000.00 $ 65,000.00
Bike Lane Improvements $ 28,000.00 $ 28,000.00
Veterans Hall Emergency Generator $ 350,000.00 $ 350,000.00 City Hall Exterior Painting $ 50,000.00 $ 50,000.00
Annex Building Drainage, Landscaping, and Exterior Painting $ 45,000.00 $ 45,000.00 City Hall Emergency Generator Replacement $ 350,000.00 $ 350,000.00 Municipal Facilities Master Plan $ 85,000.00 $ 85,000.00 ADA Improvments for Transit Office $ 75,000.00 $ 75,000.00 PARKS
HCA Pickleball Courts $ 176,000.00 $ 99,000.00 $ 275,000.00 Solvang Park Gazebo Repairs $ 65,000.00 $ 65,000.00
STORMWATER MAINTENANCE & IMPROVEMENT PROJECT
Trash Capture Improvements - Plan Dev. & Implementation $ 70,000.00 $ 70,000.00 Adobe Creek Culvert Replacment $ 40,000.00 $ 40,000.00
WATER PROJECTS
Waterline Replacment Program $ 70,000.00 $ 70,000.00
Water System Security Improvments $ 200,000.00 $ 200,000.00 Water Meter Radio System Upgrade $ 300,000.00 $ 300,000.00 River Wells Project $ 100,000.00 $ 100,000.00
Reservior 3 Expansion Project $ 30,000.00 $ 30,000.00
Reservior 1 Roof Replacement $ 30,000.00 $ 30,000.00
California Lead and Service Line Inventory $ 150,000.00 $ 150,000.00
SEWER PROJECTS
Manhole Rehabilitation Program $ 500,000.00 $ 500,000.00 Sewer Line Replacemnt Program $ 300,000.00 $ 300,000.00
BUDGET ADJUSTMENT TOTALS BY FUND
GF Gas Tax Measure A Grant Transit Water Fund Sewer Fund TOTALS Current 2023-24 CIP $ 1,165,000.00 $ 200,000.00 $ 250,000.00 $ 593,000.00 $ - $ - $ 730,000.00 $ 800,000.00 $ 3,738,000.00 Proposed 2023-24 CIP $ 2,011,000.00 $ 200,000.00 $ - $ 643,000.00 $ 399,000.00 $ 390,000.00 $ 880,000.00 $ 800,000.00 $ 5,323,000.00 Proposed NET Change to Fund $ 846,000.00 $ - $ (250,000.00) $ 50,000.00 $ 399,000.00 $ 390,000.00 $ 150,000.00 $ - $ 1,585,000.00 PROPOSED FY 2023-24 CIP
ATTACHMENT C
101
ATTACHMENT D
102
103
104
CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.d
Meeting Date: August 28 ,2023
SUBJECT: Discussion and possible action to:
i. Adopt Resolution No. 23-1228 to approve the Memorandum of Understanding (MOU) with Teamsters Union Local 986 for the term August 1, 2023 – June 30, 2026 and authorize the City Manager to execute such MOU on behalf of the City. ii. Adopt Resolution No. 23-1229 Setting and Adopting the Range Schedule and Benefits for Non-represented Employees Effective August 1, 2023. iii. Adopt Resolution No. 23-1230 approving a Budget Adjustment PREPARED BY: Wendy Berry, Director of Administrative Services Director DISCUSSION: In the late 1990’s the City’s employees formed a Union with Teamsters Local Union 986 for employee representation. The Teamster’s Local Union 986 represents all positions in the City except the City Manager, Department Heads, the HR Specialist and part-time unbenefited positions.
The last MOU adopted for fiscal year 2022-2023 expired on July 31, 2023. Typically, negotiations take place annually with the City’s designated negotiator, City Manager and Administrative Services Director. The City Negotiator and Teamsters Local Union 986 tentatively agreed to new terms for the MOU which are provided in the attached MOU and summarized below. This year, both parties agreed to a multi-year contract for the next three years ending June 30, 2026. The wage increase for this fiscal year was agreed at 6%. If approved, the 6% wage increase for 2023-2024 and all other monetary benefits will be paid retroactively from August 1, 2023. The 4% increase for the next two subsequent years will be included in the upcoming budget.
• 6% Cost of Living Increase for fiscal year 2023-2024
• 4% Cost of Living increase for fiscal year 2024-2025
• 4% cost of Living increase for fiscal year 2025-2026
• Increase in Housing allowance from $600 to $750.00 per month ($150 increase) • Increase in employee only from $1000 to $1100 per month other rates to move to 75% or $1100 whichever is greater per month (increase of $100 per month) • Add 5+ year tier for longevity pay and increase longevity pay by $75 per month • Increase medical cash out to from $800 to $900 per month ($100 increase) • $1500.00 net lump sum bonus
• Added 15-year combined service tier for vacation
• Added CPI language of if CPI exceeds 7.5%, can request reopener City Council has historically approved the same changes to pay and benefits for the non-represented employees as represented employees. Approval is required by resolution, which is attached.
As part of the City’s fiscal management, when unbudgeted items are approved, budget adjustments are required to fund the changes. When the original budget for fiscal year 2023-2024 budget was adopted, staff estimated a 4% cost-of-living increase. The General Fund salary and benefit increase totals $140,737.51, the Water Fund increase totals $57,982.31, and the Sewer Fund increase totals $51,085.56. The total budget adjustment for all three funds is $249,805.38.
ALTERNATIVES:
105
1. City Council could not approve the MOU, which would result in further negotiations with the Teamsters Local Union 986 and City designated negotiators.
2. City Council could not approve the increases for non-represented employees, adopt alternative levels of benefits or provide staff with additional direction.
FISCAL IMPACT: The total fiscal impact for the represented employees is $188,214.59 and $61,590.79 for non-represented employees for a total of $249,805.38 and a budget adjustment is required.
ATTACHMENTS:
A. Resolution 23-1228 MOU with Exhibits
B. Resolution 23-1229 non-represented with exhibits
C. Resolution 23-1230 budget adjustments
106
Attachment A
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
Attachment 2
34 141
35 142
36 143
R 23-1228 MOU
RESOLUTION NO. 23-1228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG CALIFORNIA
APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) WITH TEAMSTERS LOCAL UNION 986 FOR THE TERM AUGUST 1, 2023 - JUNE 30, 2026 WHEREAS, The Teamsters Local Union 986 is the recognized employee organization for City employees in operations, maintenance and clerical positions; and WHEREAS, the City has satisfied its obligation under Government Code §3505 to meet and confer in good faith over the terms and conditions of employment contained in the prior approved MOU from fiscal year 2022-2023; and
WHEREAS, the City’s designated negotiator and the Teamsters have tentatively agreed on new terms and conditions; and
WHEREAS, the Memorandum of Understanding will be a multi-year agreement for fiscal years 2023-2024, 2024-2025 and 2025-2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding with Teamsters Local Union 986, attached hereto as Exhibit “A”, is approved and the City Manager is authorized and directed to execute the MOU on behalf of the City.
SECTION 2. That this resolution shall be effective upon adoption.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 28th day of August, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk Attachment B
144
R 23-1228 MOU
STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1228 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 28 th day of August
2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
145
Exhibit A
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
Attachment 2
34 180
35 181
36 182
R 23-1229 FY 23-26 Unrepresented
RESOLUTION NO. 23-1229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG CALIFORNIA SETTING AND ADOPTING THE RANGE SCHEDULES AND BENEFITS FOR NONREPRESENTED EMPLOYEES EFFECTIVE AUGUST 1, 2023 WHEREAS, the City Council has approved a Memorandum of Understanding (MOU) between Teamsters Local Union 986 and the City of Solvang effective August 1, 2023 to June 30, 2026 which includes salary and other fringe benefits to be provided to the City's represented employees; and
WHEREAS, the City Council desires to provide the same benefits included in Articles 4,5, 6, and 12-15 of the MOU to those employees that are non-represented; and WHEREAS, the City Council desires to establish the salary range schedules as set forth in Exhibit A attached hereto and incorporated herein of this resolution effective August 1, 2023; and
WHEREAS, the City Council desires to establish the City of Solvang Non-Represented Employee Benefits as set forth in Exhibit B attached hereto and incorporated herein of this Resolution effective August 1, 2023 ending June 30, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Solvang hereby approves those salary and fringe benefits set forth in the attached Exhibit A and Exhibit B for non-represented employees, and as otherwise necessary so as not to affect the exempt status of non-represented employees.
SECTION 2. That to the extent any prior resolutions of the City Council conflict with this resolution, this resolution shall control.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 28th day of August, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk Attachment C
183
R 23-1229 FY 23-26 Unrepresented
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1229 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 28 th day of August
2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
184
Exhibit A
185
186
187
City of Solvang Full Time Employee Benefits
Effective August 1, 2023 – June 30, 2026
The following benefits are available to full-time employees. The Employee Handbook & MOU provide information in greater detail.
Retirement:
California Public Employees Retirement System (CalPERS) “Classic Members”: 2.5% at 55, employees hired prior to January 1, 2013 Employer contribution: employee pays 8% of reportable compensation Employee contribution: city pays entire 8%.
“PEPRA MEMBERS/Non-Classic” (members new to CalPERS after 1/1/13):
2% at age 62
Employer contribution: The City pays fifty percent (50%) of the total “normal” cost of the benefit (as determined by CalPERS annually).
Employee contribution: employee pays fifty percent (50%) of the total “normal” cost of the benefit (as determined by CalPERS annually).
The City participates in Social Security.
Housing Allowance: $750.00 per month.
Medical, Dental, Vision & Life:
The City offers both PPO and HMO medical plans, in addition to dental, vision and group term life benefits. The City provides Section 125 Cafeteria plan which provides $1,100.00 for employees enrolled in Employee Only, overages paid to employee.
The greater of $1,100.00 or 75% of the 2023/2024 premium for employees enrolled in Employee + One.
The greater of $1,100.00 or 75% of the 2023/2024 premium for employees enrolled in Employee + Family.
If you opt-out and purchase medical insurance elsewhere, the City provides a Cafeteria amount of $900.00 /month.
Life Insurance and AD&D: The City provides up to 1x the employee’s annual salary, with a minimum amount of $50,000.
Long Term Disability:
The City provides a long-term disability benefit at no cost to the employee.
Exhibit B
188
Vacation Time:
Employees receive 12 days per year of combined service, increasing to 15 days after five years of combined service, 20 days after 10 years of combined service, and 25 days after 15 years of combined service.
Holidays:
Employees receive 12 days per year, and two floating holidays.
Sick Leave:
Employees receive 12 days per year with unlimited accumulation.
Administrative Leave:
Management employees receive 80 hours per year.
Deferred Compensation:
The City offers deferred compensation plans for employees to set aside a portion of their salary on a pre-tax or after tax basis to supplement retirement.
Flexible Benefit Program:
A Flexible Spending plan is available which allows employees to set aside pre-tax dollars for reimbursement of out-of-pocket health care expenses and dependent care costs.
Auto Allowance:
Auto allowance available for the City Manager.
Cell Phone
Provided to staff or the City Manager or Department Heads are eligible for a $50 per month Cell Phone Allowance for use of their personal cell phone. 189
R 23-1230 Budget Adjustment
RESOLUTION NO. 23-1230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG CALIFORNIA
APPROVING AND APPROPRIATING BUDGET ADJUSTMENTS RELATING TO SALARY
AND BENEFIT INCREASES
WHEREAS, the City Council adopted Resolution 23-1228 on August 28, 2023 approving the Memorandum of Understanding (MOU) multi-year agreement between the City of Solvang and the Teamsters Local Union 986; and
WHEREAS, the City Council adopted Resolution 23-1228 on August 28, 2023, approving the negotiated salary and benefits for the represented employees; and WHEREAS, the City Council adopted Resolution 23-1229 on August 28, 2023 approving the same salary and benefits for the non-represented employees; and WHEREAS, the prior adopted budget for fiscal year 2023-2024 included a 4% cost of living adjustment; and
WHEREAS, the total budget adjustment necessary to cover the salary and benefit increases for the represented employees is $188,214.59; and WHEREAS, the total budget adjustment necessary to cover the salary and benefit increase for the non-represented employees is $61,590.79; and WHEREAS, the budget adjustments will be recorded for the General Fund, the Water Fund and the Sewer Fund for a total budget adjustment for all three funds of $249,805.38
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The budget adjustments for salary and benefits for the General Fund are $140,737.51, the Water Fund are $57,982.31 and the Sewer Fund are $51,085.56 for a total of $249,805.38.
SECTION 2. The City Council appropriates the expenditures for the new salary and benefits for the represented and non-represented employees.
SECTION 3. That this resolution shall be effective upon adoption.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 28th day of August, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________
Dave Fleishman, City Attorney
______________________________
Annamarie Porter, City Clerk
Attachment D
190
R 23-1230 Budget Adjustment
STATE OF CALIFORNIA
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1230 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 28th day of August 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
191
CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.e
Meeting Date: August 28, 2023
SUBJECT: Discussion and possible action to Adopt Resolution No. 23-1231 Approving a budget adjustment to add the cost for the General Plan Update and EIR Consultant contract.
PREPARED BY: Rodger A. Olds, Director of Public Works/City Engineer DISCUSSION:
Over the last two years, the City of Solvang has been working to update all the elements of the City of Solvang General Plan. The original contract for this project with Mintier Harnish was approved on November 16, 2020 in the amount of $598,602.00. At the regular City Council meeting of May 8th 2023, City Council approved Amendment 5 to the original agreement with Minter Harnish to complete the City’s General plan Update including the Housing Element and necessary CEQA process which includes an Environmental Impact Report (EIR). Amendment 5 was for $164,102.49, which brought the total contract amount to $883,699.49.
On June 26th 2023, the City Council approved the City’s FY 2023-24 budget; however, the budget line item for the on-going funding for his project was not included in the budget. To date, the City has paid Mintier Harnish $590,453.81. The requested action is to pass resolution No. 23-12-## to amend the FY 2023-24 budget to include funding for the remainder of the General Plan Update and EIR process in the amount of $293,245.68.
ALTERNATIVES:
Council could decide to not fund this on-going project. This would result in a halt to the General Plan Update and EIR Process and would force the consultant to seek remedy for the work already performed under contract and not yet paid.
FISCAL IMPACT:
The fiscal impact to this action will be an additional draw from the General Fund in the amount of $293,245.68.
ATTACHMENTS:
Attachment A – Resolution 23-1231
192
RESOLUTION NO. 23-1231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA
AUTHORIZING A BUDGET ADJUSTMENT TO INCLUDE THE COST FOR THE GENERAL PLAN UPDATE AND EIR CONSULTANT CONTRACT.
WHEREAS, The City of Solvang is currently undertaking an update to the General Plan; and
WHEREAS, the City Council has approved a contract with Mintier Harnish to complete the General plan Update and required environmental reports; and WHEREAS, the funding for the remainder of the contract is not include in the current budget for fiscal Year 2023-24.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Solvang does hereby authorize a budget adjustment in the amount of $293,245.68 from the general fund for the purposes of completing the General Plan Update and Environmental Impact Report (EIR).
SECTION 2. That this resolution shall be effective immediately upon adoption.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED on this 28th day of August, 2023. ______________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 193
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1231 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 28th day of August 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
194
CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.f
Meeting Date: August 28, 2023
SUBJECT: Discussion and possible action to Adopt Resolution 23-1232 opposing Ballot Initiative 21-0042A1 aka the Taxpayer Protection and Government Accountability Act
PREPARED BY: Randy Murphy, City Manager
DISCUSSION:
On Feb. 1, 2023, the “Taxpayer Protection and Government Accountability Act,” or AG# 21-0042A1, qualified for the November 2024 ballot. This anti-local control measure will decimate vital local and state services to the benefit of wealthy corporations. The measure is sponsored by the California Business Roundtable (CBRT) — the lobbying arm of the largest and wealthiest corporations in California.
Cal Cities, along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates, strongly oppose this initiative.
SUMMARY
The initiative limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and may make it more difficult to hold violators of state and local laws accountable.
Effective date
• All new or increased taxes or fees adopted by the Legislature, a city council, or the local voters after Jan. 1, 2022, must comply with the Act’s new rules.
State taxes
• All new or increased state taxes will require majority voter approval.
Local taxes
• New requirements for voter approval:
o when an existing tax is applied to a newly annexed territory. o when an existing tax is applied to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.
Fees and charges
• Requires that charges for access, use and rental of government property be “reasonable” such as fees charged for use of government facilities and public works infrastructure to oil companies, utilities, gas companies, cable companies, and other corporations. • Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed the “actual cost.” 195
• No fee or charge or exaction regulating vehicle miles traveled can be imposed on new development.
Fines and penalties [administrative enforcement of state law and municipal codes] • May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would express the voters' preference for how the tax revenue should be used. • Overturns Upland decision so taxes proposed by initiative are subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.
Fiscal
• Puts approximately $2 billion from fees and charges at risk each year, subject to legal peril. • Puts approximately $2 billion of annual tax revenue at risk. Many tax measures approved between 2022-2024 will need to be resubmitted to voters to comply and be reapproved.
TALKING POINTS
Jeopardizes vital local and state services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
Undermines voter rights, transparency, and accountability • This misleading measure changes our Constitution to make it more difficult for local voters to pass measures needed to fund local services and projects. • It also includes a provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.
Opens the door for lawsuits, bureaucracy, and red tape that will cost taxpayers and hurt our communities
• The measure would encourage lawsuits, bureaucracy, and red tape that would cost local taxpayers millions — while significantly delaying and stopping investments in vital services.
Gives wealthy corporations a major loophole to avoid paying their fair share — forcing local residents and taxpayers to pay more
• The measure would create new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment — shifting the burden and making individual taxpayers pay more.
196
Allows corporations to dodge enforcement when they violate environmental, health, public safety, and other laws
• The deceptive scheme may create new loopholes that make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.
ALTERNATIVES:
The Council may choose not to approve this Resolution.
FISCAL IMPACT:
Unknown at this time. If the Initiative passes next November, Measure U will likely need to be revisited, along with other fees increased since January 1, 2022.
ATTACHMENTS:
A. Resolution 23-1232
B. Cal Cities Letter dated August 9, 2023
C. Cal Cities Summary of Initiative 21-0042A1
D. Cal Cities Examples of Fees/Charges Impacted by Initiative 21-0042A1 197
RESOLUTION 23-1232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG CALIFORNIA OPPOSING BALLOT INITIATIVE 21-0042A1 AKA THE
TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City of Solvang opposes Initiative 21-0042A1.
SECTION 2. That the City of Solvang will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
SECTION 3 That the City Council directs staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
SECTION 4. That this Resolution is effective immediately upon adoption.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 28th day of August, 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 198
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss
CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 23-1232 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 28th day of August, 2023, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Annamarie Porter, City Clerk
199
An existential threat to cities is on the
2024 ballot
Aug 9, 2023
Just what is the deceptively named Taxpayer Protection and Government Accountability Act that’s on the November 2024 ballot? For starters, it’s a huge attack on local decision-making that puts all public services in California at risk.
Don’t let the name fool you. Some of the state’s biggest corporations — under the umbrella of the California Business Roundtable (CBRT) — are sponsoring the measure. The only thing it protects is large corporations trying to avoid paying their fair share.
The CBRT measure would significantly restrict the ability of cities to raise taxes and fees, including retroactively. Taxes or fees passed since Jan. 1, 2022, must abide by the measure’s rules. The measure would also create new opportunities to challenge local revenue measures.
The League of California Cities estimates that approximately $2 billion in existing fees and charges, along with $2 billion in voter-approved measures, will be subject to legal peril if this measure passes.
“If passed, this thoughtless measure will put billions of dollars of vital local government services at risk and cost billions of dollars over many, many years in litigation costs just to determine what it means,” said Michael Coleman, a local government finance expert. “Meanwhile, public services will deteriorate. All of this at the whim and for the benefit of a few big corporations and to the detriment of the public at large.”
200
How exactly would the measure impact my city?
The rules for increasing fees and taxes have been clear for many years. This measure fundamentally alters those rules. The CBRT measure would define all sources of revenue as either taxes or “exempt charges” (fees). Local governing bodies would not be able to delegate fee adjustments to administrative entities.
Currently, fees for services or products must cover the “reasonable” cost of service. The CBRT initiative would amend the law so that these fees could not exceed the “actual cost” of providing the product or service. It defines “actual cost” as the “minimum amount necessary.” This could mean cities would need to choose cheaper, less optimal projects, goods, and services or subsidize the activity, resulting in race-to-the-bottom service levels and quality.
The measure would also create a new requirement that some fees — including for use of or access to government property — must be “reasonable” to the payor. However, it does not define “reasonable.” At the same time, the measure would allow people to challenge fees by claiming a fee is unreasonable even if it meets the “actual cost” of service. This will result in lawsuits that taxpayers will be forced to fund.
Any taxes and fees adopted after Jan. 1, 2022, that do not comply with the measure’s rules would become void unless reenacted within a year of the effective date of the measure. Voters in an annexed area would need to approve existing taxes and local voters could no longer pass special taxes qualified by initiative with a simple majority.
Some major examples of affected fees and charges are commercial franchise fees, emergency response fees, document processing and duplication fees, transit fees, tolls, parking fees, facility use charges, garbage disposal tipping fees, and potentially commercial franchise fees.
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Why does big business support this measure?
In a word: greed. The measure pretends to protect taxpayers. In reality, the measure protects the wealthiest taxpayers at the expense of local control and vulnerable residents.
Under these new rules, corporations would pay far less than their fair share for the impacts they have on communities. Requiring the rental or sale price of local government property to be “reasonable” rather than “fair market value” would also reduce cities’ negotiating power in favor of corporations.
Voters may also need to approve administratively imposed fines, penalties, and levies for corporations that violate laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
In short, the measure’s ambiguous language will result in countless lawsuits, reduced government services, and red tape all in favor of big business.
What can my city do?
This is CBRT’s latest attempt to reverse court decisions favorable to local governments and dodge accountability. In doing so, it will make it even harder for local governments to provide vital services to their residents.
Cal Cities is working with a broad coalition of partners to defeat this measure. But we cannot do it by ourselves. Defeating this measure will take the efforts of city leaders throughout the state acting to stop it.
The first step is to pass a resolution or send a letter to Cal Cities opposing this measure. Send your letter or resolution (/docs/default-source/advocacy/cbrtoppose-resolution-02-03-23-final.docx?sfvrsn=ccaf1fc_3) to [email protected] (mailto:[email protected]) . 202
Participation through CitiPAC (https://citipac.org/) , which provides funding for ballot measure battles, is also crucial.
Cal Cities is running a series of stories about how the CBRT measure would impact individual cities. If you would like to tell your city’s story, please email Managing Editor Brian Hendershot (mailto:[email protected]) . 1400 K Street, Suite 400
Sacramento, CA 95814
P: (916) 658-8200
F: (916) 658-8240
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The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A11
Feb. 1, 2023
Effective date: Any new or increased tax or fee adopted by the Legislature, a city council, or the local voters after January 1, 2022, must comply with the Act’s new rules.
Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
• Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.
Local taxes
• Requires voter approval in order to apply an existing tax:
o to territory that is annexed.
o to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.
State taxes
• All new or increased state taxes require statewide voter approval. • Prohibits a property tax “surcharge” (increase). Prohibits any allocation of property tax to the state.
1 This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution. 204
Fees and charges
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.”
• Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of “fee” and the requirement that charges to entrance, purchase, rental, or lease of government property be “reasonable.” The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations.
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.
Fines and penalties (administrative enforcement of state law and municipal codes)
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
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Examples of fees and charges that are impacted by CBRT
o Category #1 (Products and Services). Examples1:
• Property development application processing fees
• Plan Review
• Gas and electricity service charges
• Parks and Recreation classes and lessons
• Childcare services
• Jail booking fees
• Copies of police reports
• Emergency services fees
o Category #2 (Regulatory and Licensing Activity). Examples:
• Building permit fees
• Sales tax audits
• Abatement of weeds on private property
• Conducting inspections of rental housing
• Fire inspections
o Category #3 (Entrance to or use of local government property, or the purchase, rental, or lease of local government property. Examples2:
• Lease of city museum to non-profit organization
• Use of Council Chambers by private groups
• Use/lease of city-owned convention center
• Use/lease of city-owned park or other recreation area o Category #4 (Fines and penalties for administrative Code enforcement)3 o Category #5 (Charges imposed as a condition of property development)4 o Category #6 (Charges covered by Proposition 218 – SEE BELOW FOR LIST
OF ITEMS EXEMPT FROM CBRT)
o Category #7 (Charges for specific health care services) 1 Amount must be “reasonable” and may not exceed “actual” (minimum) cost. 2 Amount must be “reasonable
3 Adds requirement for undefined adjudicatory process
4 No fee based upon vehicle miles traveled (VMT)
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Proposition 218 fees, charges, and assessments: Exceptions to #6 (examples) • Water rates
• Sanitary sewer rates
• Flood protection/water run-off charges
• Refuse rates
• Landscape and lighting assessments
• Downtown Business Improvement District assessments
• Parking District assessments
• Flood control assessments
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