Agenda — Solvang City Council, November 27, 2023 (part 1 of 2)

Agenda 2023-11-27 CC
AGENDA

SOLVANG CITY COUNCIL
MONDAY, NOVEMBER 27, 2023
6:30 PM REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
Mark Infanti, Mayor Virtual & in Council Chamber
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.
• To join by phone, call (888) 788-0099 and enter Meeting ID: 306 652 9195#. The phone line will be open starting at 6 p.m.
6:30 PM REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS: None PRESENTATIONS: None

1. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not AGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings that are distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.

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

Virtual speakers will follow.

AMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested 1 Agenda 2023-11-27 CC
on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or take action on issues not on the agenda, except to briefly respond or to ask Staff to follow up on such items.

2. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report

3. COUNCIL COMMENTS AND REQUESTS
Comments and requests from City Council Members. No action will be taken at this meeting.

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

These items are discussed only on request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented
b. Receive and file Marketing Services update………. ……………….………………………….….….5 c. Approve October 2024 Investment Report…………………………………………………………...36 d. Receive and file Visit SYV 2nd Quarter Report 2023………………………………………………..38 e. Approve Amendment No. 5 to the Agreement with GSI Water Solutions for continued participation in and assistance with the administrative hearing regarding the City’s Petition for Change before the State Water Resources Control Board Administrative Hearing Office and Budget Amendment in an amount of $65,000 from Water Fund balance for a total contract amount not to exceed $311,700, and authorize the Mayor to execute on behalf of the City…….50

5. PUBLIC HEARINGS:
a. Public Hearing to Consider Introduction for first reading Ordinance No. 23-0371 repealing section 11-12-8 (special events) of Title 11 (zoning regulations) of the Solvang Municipal Code and amending Title 8, Public Ways and Property adopting Chapter 9, Special Events, to establish processing and permitting of special events on public property and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines………………………………………………………….……73 b. Public Hearing to Consider Introduction for first reading Ordinance No. 23-0372 adding section 11-13-20 and making other conforming amendments to Chapter 13 (sign regulations) of Title 11 (zoning regulations) of the Solvang Municipal Code to establish objective content-neutral standards for flags in the city and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines.124 c. Public Hearing to Consider Introduction for first reading Ordinance No. 23-0373 amending various sections in Titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 of the Solvang Municipal Code to address references to fees and fines and general penalty and administrative citation provisions and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines…………………………………………139

6. DISCUSSION ITEMS
a. Discussion and possible action to approve an agreement with Cannon Corporation for design and construction management services for the Nyborg Estates Waterline Replacement project for the amount not to exceed $253,550 for the term November 27, 2023 – June 30, 2025; and authorize the Mayor to execute on behalf of the City..............................................................175 2 Agenda 2023-11-27 CC

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 17th day of November 2023
3 Meeting Date Agenda Item Agenda Dept
11-Dec Santa Barbara County Fire Chief Annual Report Presentation City Manager Custodial Services Contract Award Consent Public Works
Special Event Policy Ordinance 2nd Reading Consent Parks & Rec FSA Resolution Consent Administration
Mayor pro tem appointment Discussion City Clerk
General Plan Housing Element Reso Public Hearing Planning Marketing and Events Contract Extensions Consent City Manager Marketing Coordinator Job Description Discussion City Manager Muni Code Ordinance Fees & Fines 2nd Reading Consent Planning Flag Ordinance 2nd Reading Consent City Attorney
Senior Center Grant Discussion City Manager
8-Jan Human Trafficking Awareness Proclamation Proclamation City Manager Residences as a primary use in the TRC Zone Discussion Planning 22-Jan Fee Schedule Review Discussion Administration
27-Feb City Council Goal Setting Session Discussion City Manager 10-Jun General Municipal Election Resolutions Discussion City Clerk Future Meetings
Stormwater Management Program Annual Report Discussion Public Works TOT Measure U Discussion City Manager
Outdoor dining ordinance Public Hearing Planning
Historical property designations in Commerical & TRC
locations
Discussion Planning
Approve Auditing Services Agreement Discussion Administration On-street Parking Restrictions Policy Direction Discussion Public Works Sign Ordinance Review Discussion Planning
Administration / HR Policies update Discussion Administration Active Transportation Plan Discussion Public Works
Solvang Sidewalk Repair Project Award Consent Public Works Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
RFQ Interim Financing WWTP Administration Discussion Administration Meeting Date Agenda Item Agenda Action
Agenda Item Agenda Action
January Comprehensive Annual Financial Report Discussion Administration January (even
years)
Brown Act Training City Attorney
January Budget to Actual Discussion Administration
January Fee Schedule Review Discussion Administration
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 Planning 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 Discussion 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
4 S OCIAL MEDIA REPORT
Aug- Oct 2023

PREPARED BY IS LETT AGENCY
5 OVERVIEW
Aug- Oct 2023
03- 04
05- 10
11- 12
13- 14
15- 16
17- 18
Quarterly Data
Top Per for ming Content
Community Engagement
Key Ta kea w a ys
Qu a r t er ly Wor k + Highligh t s
In st a gr a m Ma r ket An a lysis
6 PLATFORM GROSS GROW TH ORGANIC ENGAGEMENTS ORGANIC IMPRES S IONS INS TAGRAM +3,868 4 8 ,9 6 4 9 11,2 3 6
FACEBOOK +538 26,585 521,456
TIKTOK +94 678 17,994
QUARTERLY CHECK-IN Aug- Oct 2023
7 PLATFORM FOLLOW ERS
Aug-Oct

FOLLOW ERS
May-July
TOTAL # OF POS TS

AUG-OCT
TOTAL # OF POS TS

MAY-JULY

ORGANIC

IMPRES S IONS

AUG-OCT

ORGANIC

IMPRES S IONS

MAY-JULY

ORGANIC PROFILE
VIEW S
Aug -Oct

ORGANIC PROFILE
VIEW S
May-July
INS TAGRAM 4 1,0 70 3 8 ,4 8 8 33 35 5 4 8 ,715 6 3 0 ,12 8 2 1,6 4 7 20,704 INSTAGRAM REELS x x 14 12 147,935 155,894 x x
INSTAGRAM STORIES x x 198 94 214,586 143,263 x x
FACEBOOK ~1,000 462 47 50 521,456 24,459 7,097 2,399
TIKTOK 1,072 990 14 7 17,994 5,186 465 306
TOTAL 43,142 43,120 306 205 1,450,686 958,930 29,209 23,409 Aug- Oct 2023 QUARTERLY CHECK-IN
+22 +101 +491,756 +5,800
8 TOP PERFORMING CONTENT
Aug- Oct 2023
9 TOP PERFORMING CONTENT - INS TAGRAM

IMPRES S IONS , LIKES & S AVES
Aug- Oct 2023
Main Takeaway
Pumpkin patches are a hot topic and highly shared places on social media in the fall. Information about this local, picturesque location drew users in and enticed them to save the post in hopes of visiting at a later date.
10 TOP LIKED POS TS-INS TAGRAM Aug- Oct 2023
Main Takeaways
Features things to do, Danish architecture, popular foodie spots, and our original short form videos.

We also hosted our first giveaway this quarter, which was successful based on audience response. 11 TOP PERFORMING CONTENT - INS TAGRAM REELS

PLAYS , LIKES , & S AVES
Aug- Oct 2023
Main Takeaway
Based on regular engagement, this is a popular
bakery within Solvang’s audience. Posts that
feature this location tend to have high
engagement.
12 TOP PERFORMING CONTENT - FACEBOOK

REACH & ENGAGEMENT
Aug- Oct 2023
Main Takeaway
Annual Event promo. These posts are
typically top performers on this platform.
13 TOP PERFORMING CONTENT - TIKTOK

VIEW S & LIKES
Aug- Oct 2023
Main Takeaway
Nighttime views of Solvang paired with a text
hook.
14 THE S OLVANG COMMUNITY
Aug- Oct 2023
15 COMMUNITY ENGAGEMENT Aug- Oct 2023
16 KEY TAKEAW AYS
Aug- Oct 2023
17 KEY TAKEAW AYS

W INS CHALLENGES OPPORTUNITIES
Aug- Oct 2023
• Averaged 1,289 follows / month (an
increase from last quarter) and ended
this quarter with over 41k followers
on Instagram.
• Facebook and TikTok profiles also hit
1k followers each by the end of this
quarter!
• Our first social media giveaway and
an influencer partnership helped
drive an increase in follows,
engagement + impressions.
• Audience is highly engaged with posts
sharing events and things to
do/places to visit when in town.

Aligned with our current strategy.
• Event content coverage (in progress).
• More collab posts with influencers.
• Giveaways during the slow season.
• Limited content from previous year’s
Danish Days for promotion.
• Old website was still in place most of
this quarter.
18 QUARTERLY PROJECTS
Aug- Oct 2023
19 QUARTERLY PROJECTS
AUGUS
T

S EPTEMBER OCTOBER
Aug- Oct 2023
• Influencer collaboration - worked
together with Anna for deliverables
and offer.
• Created Fall/Winter events calendar
• Updated Highlight covers on
Instagram.
• Assisted Anna with vetting
influencers.
• Julefest promotion prep - gathering
assets, creating first round of posts,
Reels + stories
• Giveaway - Worked together with
Anna to coordinate, monitor, and
select winner on social.
• Achieved 40k followers on Instagram
+ 1k on TikTok.
20 INS TAGRAM MARKET ANALYS IS
Aug- Oct 2023
21 NEW FOLLOW ERS [3 0 d a ys ] AVG ENGAGEMENT RATE
Aug- Oct 2023
Solvang
USA
Visit SYV*
Visit Sant a
Barbara*
Visit Paso SLO
Visit Ve nt ura Cal*
Au
g
No
v
2,0 0 0
1,50 0
1,0 0 0
500
0 Solvang
USA
Visit SYV*
Visit Sant a
Barbara*
Visit Paso SLO
Visit Ve nt ura Cal*
Au
g
Oc
t
2%

1.5%
1%
0 .5%
0 %
Trend
Solvang was the only one with a larger increase.

Most other DMOs saw a decrease or only small
increase between quarters.

Trend
Solvang’s engagement remains consistently high above the other DMOs.
22 THANK
YOU
23 • QUARTERLY Activities (Aug / Sept / Oct 2023)
Advertising
• Booked Solvang ad space in Westways Magazine, Santa Ynez Valley Co-Op in 2024 DISCOVER SPRING (special section; Feb/Mar/Apr): Advertorial spread with Buellton + Visit the Santa Ynez Valley. (I will be writing the copy for the entire Valley advertorial spread; copy is due Nov 20.) • Booked Solvang ad space in Central Coast Co-Op Ad Spread in the 2024 State Visitor’s Guide (Visit California). Creative content for the Solvang ad placement was submitted in September. • Booked co-op advertising opportunity received through Central Coast Tourism Council: Co-op ad spread published in Sept/Oct 2023 issue of PHOENIX Magazine Solvang Tourism, October 2023 :: PR Briefs
prepared by Anna Ferguson-Sparks, Stiletto Marketing
Press Releases
• 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 was ongoing, as well as manual event calendar postings)
24 • QUARTERLY Activities (Aug / Sept / Oct 2023)
Content
• 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. • Content / event submissions to Visit Santa Barbara's website for future PR / Media consideration and/or event postings.
• Content / event submissions to Visit the Santa Ynez Valley for website event postings. • Compiled content for running Google doc listing “Fall things to do in Solvang.” • Created “Solvang Julefest” press release / content for SolvangUSA marketing team use, as well as for media pitching purposes. (Content sits in an evolving Google doc.) • Additional content created for SolvangUSA marketing team use, specifically for potential use on the new SolvangUSA website:
• Family-Friendly Solvang // Solvang with Kids + Respin of the “Top 10 Things to do in Solvang” page from the “old” SolvangUSA website
25 • QUARTERLY Activities (Aug / Sept / Oct 2023)
Media Outreach
• Check HARO media queries 3x daily; submitted Solvang, and/or individual businesses within town, to ~25 (twenty-five) queries.
• Additional, ongoing media outreach not tied to HARO queries. • Resulting placements with (but not limited to):

Media Visits
• For opportunity presented by Visit California, we assembled a mid-September Solvang itinerary for travel influencer, Anne Jiang (@goanniewhere, 355K Instagram Followers):
• Annie completed a 2-day / 2-night Solvang visit, including Danish Days activities, as part of a larger California media trip surrounding “places that feel international.”
“California Live”
26 • QUARTERLY Activities (Aug / Sept / Oct 2023)
Media Visits (continued)
• Similarly, another opportunity presented itself – again from Visit California – and we assembled an early-October Solvang itinerary for YouTube star, Drew Binsky (@MoreTravelsWithDrewBinsky, 734K YouTube Subscribers, 943K Instagram Followers):
• Drew completed a Solvang overnight, including two interview shoots, as part of a larger California media trip once again surrounding “places that feel international.” Post-visit wrap-up will be detailed in next reports.

Additional Items
• Aided the Solvang Danish Days Foundation with plans for this year’s event weekend (September 15-17, 2023). Solvang Danish Days 2023 wrap-up report was delivered to Solvang City Council in October.
• Worked with TJA (Claudia and John) to fine-tune copy and content for three (3) e-blasts / newsletters to SolvangUSA consumer email listing(s): August, September, October 2023 27 • OCTOBER 2023 Activities
• Supported pitching efforts for the Wildling Museum of Art & Nature’s 'California National Parks: Stories of Water‘ exhibit; received this placement:

Nancy Yaki with 'Holding Stratus Pose, Tenaya Lake, (Yosemite)' (2023). Photo by George Rose 28 • OCTOBER 2023 Activities
• Check HARO media queries 3x daily; submitted Solvang, and/or individual businesses within town, to ~8 (eight) queries.
• PUBLISHED – The Hadsten Solvang was included in “From Georgia to California, new hotels in America to book right now for fall travel” article on FOX News site (www.foxnews.com/lifestyle/georgia-california-new-hotels-america-book-right-now-fall-travel) Mobile UVPM: 46,392,181
Desktop UVPM: 22,306,701
Unedited Publicity Value:
$17.9K
29 • OCTOBER 2023 Activities
30 • OCTOBER 2023 Activities
• Scheduled November 18, 2023, on-air radio interview in support of Solvang Julefest (SoCal Restaurant Show, Sports Radio AM 830 KLAA, an ESPN Radio Affiliate):
• Susan Lee, Solvang Visitor Center, will be interviewed about this year’s Julefest happenings and the history of the annual holiday celebration. • Update re. one of our Visit California opportunities: We had assembled an earlyOctober Solvang itinerary for YouTube star, Drew Binsky (@MoreTravelsWithDrewBinsky, 734K YouTube Subscribers, 943K Instagram Followers):
• Drew completed a Solvang overnight, including two interview shoots, as part of a larger California media trip once again surrounding “places that feel international.” Post-visit wrap-up will be detailed in November reports. Drew’s Solvang YouTube video posted November 8, 2023. 31 • OCTOBER 2023 Activities
• Continued correspondence with Candice + Jenny, City of Solvang, and Rick + TJA, to aid in their efforts in attempting to update content on certain portions of the SolvangUSA.com website, or for any other questions or needs.
• Continued check-ins with the Solvang Chamber of Commerce and Solvang Visitor Center for updates and general catch-up sessions.
• 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 fine-tune copy and content for OCTOBER 2023 e-blast / newsletter to SolvangUSA consumer email listing(s). OCTOBER 2023 (“Halloween”) e-blast / newsletter delivered October 17.
• Continuing coordination for Solvang / onsite production of holiday special of California Bountiful TV (www.californiabountiful.com), which airs locally in the Santa Barbara/SLO markets on KSBY, and in Los Angeles on KCAL. California Bountiful is produced by the California Farm Bureau.

Onsite segment shoots scheduled for late-November 2023. • Created “Solvang Julefest” press release / content for SolvangUSA marketing team use, as well as for media pitching purposes. (Content sits in an evolving Google doc.) 32 Looking ahead…
November / December 2023 Press Releases
• Solvang Julefest 2023/2024 (media reminders and follow-up to include all new event details as are currently available, Julefest Parade winners announcement, Christmas Tree Burn updates and/or status, etc.)
• “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
December 2023 Media Visits
• Currently scheduled: Five (5) media visits during the Solvang Julefest stretch in support of Julefest and/or Q1 / Winter Solvang travel stories or pitches. Further details to follow, in December 2023 reports.
• Four (4) writers confirmed for December 1-3 Solvang visits / stays to include attendance at the Dec 1 Tree Lighting Ceremony and Dec 2 Julefest Parade. • One (1) more writer confirmed for December 15-17 Solvang stay to experience Julefest, but also Solvang as a Winter destination.
• OCTOBER 2023 Activities
33 • Solvang Visitor Center Report from Solvang Hygge Huset LLC; Susan Lee, Managing Member The Solvang Visitor Center numbers for October 2022 vs. October 2023 displayed a difference of 759 visitors.

We did note fewer total visitors on the weekend of the car show this year vs. the same weekend last year.

We also noted that it was a very hot weekend. The heat may have had a slight effect on numbers but typically during the set-up of special events, the Visitor Center numbers can decline because of street closures and the work going on near the Visitor Center. Despite the heat, the Viking Classic Car Show did appear to us to be well attended. Our highest October day in the Visitor Center this was Sunday, October 8, which was the car show weekend. On that day we had a total of 340 visitors. This was more than our highest day in October of 2022 which was Saturday, October 22, with 324 visitors.

Solvang Visitor Center, October 2023
Visitor Center count:

October 2022 – 7,096
October 2023 – 6,337
In October, we worked with Anna Ferguson to have a Visitor Center employee do an interview for More Travels with Drew Binsky. Dean was chosen as the best suited for this interview and he had a great time with Drew. We were more than happy to work with Anna on this project to help promote Solvang.
34 Solvang Visitor Center, October 2023
The month of October also brought Scarecrow Fest sponsored by the Solvang Chamber of Commerce. At the Visitor Center, we created a ballot box for the Scarecrow Fest contest, as we were asked to be a ballot box location. Many visitors came to drop off their ballots in the Visitor Center and there was plenty of positive feedback about Scarecrow Fest. People do tell us that they enjoy walking around town and looking at the scarecrows.

Good job to the Chamber for their efforts to make Scarecrow Fest happen. It helps to give our visitors something fun to see and do as they explore Solvang and the Santa Ynez Valley during the entire month of October. Our own Visitor Center scarecrow was seen on the local news as were several others. Visitor Center guests had a lot of fun sitting on the bench and taking photos with our “Crow Scaring for Dummies” Scarecrow.
35 Item 4.c
36 37
1 | P a g e
2nd Quarter 2023 Report of the Santa Ynez Valley Hotel Association (dba Visit the Santa Ynez Valley) – Submitted 11/13/23
VisitSYV is reporting activity since the 1st quarter 2023. 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 April 1
st, 2023: $648,897
Q2 Income
TBID Funding received 4/1/23 through 6/30/23: $271,615
Membership income: $1,375
County Marketing Grant: $6,942
IPW Reimbursement: $8,500
Total Income received 2nd quarter: $288,432
Expenses
Advertising/Marketing: $122,667
Travel & Conventions: $24,510
Special Projects/Grants: $38,620
Personnel Costs: $51,040
Contract Services: $3,990
Facilities/Equipment: $2,062
Operations: $1,561
Other Types of Expenses: $428
Total Expenses 2
nd Quarter: $244,878
Ending Balance as of June 30, 2023: $692,451
Agenda Item 4.d
38 2 | P a g e
Membership
We receive TBID funding from 33 lodging properties and currently have 221 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 (April 1, 2023 – June 30, 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. Second quarter marketing results are detailed below.

Creative & Targeting
VisitSYV introduced the Perfectly campaign to the world this spring and it’s already performing admirably. It continues to share space with content-forward Facebook and native ads. The new Perfectly campaign centers around the idea that everyone’s idea of the perfect getaway isn’t the same. Some people are happy to sip a glass of pinot by the pool while others would rather put down some miles on the nearest hiking trail. Sometimes both. But when you spend time in the Santa Ynez Valley, you’re sure to find your perfect escape. The perfect getaway does exist, and it’s Perfectly SYV. In Q2, we continued to target drive markets (Greater Los Angeles, Greater Bay Area, Inland California) and select direct flight markets.

Digital Key Takeaways
Q2 year-over-year (YoY) web traffic is up 9.4%, from organic, paid search, and paid social. All digital channels are also seeing great performance in terms of CPC, CTR, and quality of traffic. Booking searches have seen a 40% increase over Q2 of 2022. The Sojern geo-conquesting campaign saw a total of 334 confirmed travelers and a return of 5x.

Google Search
*Search performance still looks great with CPC and CTR outperforming Travel & Hospitality performance benchmarks from Wordstream.

Benchmark CTR: 4.68%
Benchmark CPC: $1.53
39 3 | P a g e
Impressions: 136,034
Clicks: 8,448
CTR: 6.21%
CPC: $1.09
Paid Facebook - Out-of-state
*CTR improved 63.4% and CPC improved 45.2% year-over-year (YoY).

Impressions: 220,565
Link Clicks: 4,330
CTR: 1.96%
CPC: $0.81
Clicks to Book: 95
Paid Facebook - In-state
*CTR improved 10.5% and CPC improved 66.4% year-over-year (YoY).

Impressions: 518,584
Link Clicks: 10,809
CTR: 2.08%
CPC: $0.60
Clicks to Book: 447
40 4 | P a g e
Paid Facebook - Retargeting
*CTR improved 34.8% and CPC improved 16.7% year-over-year (YoY).

Impressions: 140,626
Link Clicks: 1,649
CTR: 1.17%
CPC: $1.82
Clicks to Book: 102
41 5 | P a g e
Programmatic - Native Display
*Programmatic/Native display still sees strong time on site and reaches people that may not be on social media.

Impressions: 289,862
Link Clicks: 877
CTR: 0.30%
CPC: $1.63
Programmatic - CTV
*We see a much higher view rate and lower cost-per-view on programmatic than YouTube.

Impressions: 178,802
Views: 130,582
Cost per view: $0.02
View Rate: 64.18%
42 6 | P a g e
Sojern - Geo-Conquesting Campaign
*We saw an increase of 132 confirmed travelers from the previous report.

Bookings
Total Events: 340
Total Confirmed Travelers: 334
Hotel Night Stays: 40
*Sojern saw a return-on-ad-spend of 4.99:1. So for every $1 spent on ads, a traveler spent $4.99 in the Santa Ynez Valley.

Impressions: 1,508,248
Clicks: 1,259
CTR: 0.08%
43 7 | P a g e
Website Key Takeaways
In Q2, VisitSYV.com received 136,934 pageviews from 67,533 visitors. The site has also garnered 12,385 clicks to our members’ individual websites, and 2,085 clicks to book for VisitSYV hotels. The most popular pages on the site were as follows: (1) Homepage (2) Top 10 Things to Do in SYV (3) Wine Tasting Page. *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.

Clicks to Book
BookDirect clicks look strong compared to last year. All channels led to the increase.

Book Direct Booking Events
*Compared to 2022
Book A Room Searches: 2,085 booking searches (up 110% vs ‘22) Events on Listings Page: 8,122 on booking results page (up 7.4% vs ‘22) Final Clicks to Hotels: 1,579 clicks (down 1.2% vs ‘22) @VisitSYV Social Media Stats
• Facebook audience: 20,222 followers (9.7% YOY increase) • Twitter audience: 4,150 followers
• Instagram audience: 14,715 followers (16% YOY increase) Verdin Marketing
VisitSYV continues to work with Central Coast based marketing agency Verdin Marketing. Under VisitSYV’s guidance and marketing pillars, Verdin curates and schedules organic social media content utilizing a combination of VisitSYV assets and user generated content.

Public Relations
Editorial value for Q2 ended up just shy of $674k. YTD editorial value remains strong at $2.87m, up 54% YoY.

PR efforts for Q2 focused on proactive outreach and media visit coordination, press releases, and content submissions.
• Total number of stories mentioning the Santa Ynez Valley in Q2 = 162 • Total circulation of editorial coverage for Q2 = 946.9m • Total value of public relations media coverage for Q2 = $673,350 44 8 | P a g e
*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 Q2 Press Releases & Content:
• What’s New & Noteworthy blog post – April
• Canada Media Mission “Fantasy FAM” content – April
• Direct Flights press release – distributed May 1
• ESTO Destiny Awards entry submission – submitted June 14 Media coordination, and completed media visits in Q2 included:
• Sara Ventiera, Thrillist – April 19-21
• Tori Barr, SIP Magazine – June 24-27
• Sharon Boorstin, LA Times – visited independently
• Justin Goldman, Hemispheres – visited independently
Notable Q2 Media Coverage:
• Nonstop Life (Allegiant Air in-flight) – Vineyards Revitalized • Westways Magazine (AAA) – 23 Great Getaways for 2023
• VinePair – The World’s Top 10 Wine Destinations for 2023 • Lonely Planet – 7 Wine Regions for a Perfect Weekend Getaway • Napa Valley Life – Wine Lovers Love Los Olivos
• Fodor’s Travel – Forget Sonoma! Head Here Instead
• KTLA – Weekend Getaways for Couples
• KTLA – Last Minute Summer Getaways
Print Advertising
2023 Santa Ynez Valley Destination Guide
70,000 Destination Guides were printed, with monthly distribution taking place via the Solvang Visitors Center, the Buellton Visitors Center, the Santa Barbara Visitors Center, the Santa Barbara Airport and Santa Barbara area hotels. The guides are also distributed monthly to Santa Ynez Valley hotels, museums, and popular restaurants and retailers. 45 9 | P a g e
Santa Barbara Independent Wine Week
VisitSYV worked closely with Santa Barbara Independent as the presenting sponsor for Santa Barbara Independent’s inaugural Wine Week, April 27th - May 3rd. For 7 days, participating wineries, restaurants and bars throughout Santa Barbara County offered $10 glasses of wine to encourage visitation and boost local business. VisitSYV members received a 10% discount off their participation fees with 10 Santa Ynez Valley restaurants and wineries participating.

Trade Shows
IPW
VisitSYV partnered with the Buellton Visitors Bureau for 3 days of intensive in-person travel buyer & media appointments at IPW in San Antonio, Texas, May 21 - 25th. IPW is the travel industry's premier international marketplace and the largest generator of travel to the U.S. In just three days of pre-scheduled business appointments, thousands of delegates representing U.S. travel organizations from every region of the USA and international and domestic buyers and media from 70+ countries meet face-to-face to conduct future travel business to the USA. Buyers & media received flash drives with Santa Ynez Valley lodging options, press releases, itineraries, story ideas and photography for their catalogues. Shelby Sim and Kathy Vreeland held over 30 appointments on the showroom floor while Shelby also took an additional 20 appointments in the media marketplace, meeting with travel journalists from around the globe. This year's show provided multiple leads for Santa Ynez Valley hotels and local businesses.

Canada Trade Mission
Shelby Sim took part in a Visit California Trade mission in Ontario, Canada April 24 – 26th, 2023. The mission was a 3-day press immersion trip with 30 journalists, media, and tour operators.

California Cup
Shelby Sim attended the annual 4-day California Cup in Huntington Beach, California April 17 – 20th, where he met and established relationships with international tour operators from Europe, Asia, and Australia. 46 10 | P a g e
Grants and Special Projects 2
nd 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 Q2 2022 were awarded to the following:
• Elverhoj Museum – Solstice Benefit: $3,000
• Old Mission Santa Ines – Gladden the heart fundraiser: $2,000 • Los Olivos Rotary – Los Olivos Jazz and Olive festival: $3,000 • SYV Pride – Pride Festival: $2,000
• Madi’s Treasure Box – SYV Juneteenth: $4,000
• Santa Ynez Chamber – Old Santa Ynez Days: $3,500
• SYV Western Heritage – Rodeo during Old Santa Ynez Days: $500 • SYV Rotary – 4
th of July Fireworks: $4,000
• Solvang Chamber – Music in the Park Series: $1,500
• Solvang School for the Arts: $750
• Los Alamos Theater Group – Local Los Alamos Charities: $500 • Santa Barbara Vintners – Behind the Scenes Event: $4,000 • Santa Rita Hills Wine Alliance – Yearlong Program Sponsorship: $1,500 • IRL Arts Foundation – Los Alamos Flea Fundraiser: $1,000 • St Mark’s Summer Classic Fundraiser: $1,250
For a total of $32,500
Collaborations with Santa Barbara County DMOs and other organizations VisitSYV collaborates actively with other county destination marketing organizations, including City of Solvang, 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.
47 11 | P a g e
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
The board meets monthly, 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.

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, 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
48 CITY COUNCIL STAFF REPORT
AGENDA ITEM 4.e
Meeting Date: November 27, 2023
SUBJECT: Approve Contract Amendment No. 5 with GSI Water Solutions for continued participation in and assistance with the administrative hearing regarding the City’s Petition for Change before the State Water Resources Control Board Administrative Hearing Office and Budget Amendment in an amount of $65,000 from Water Fund balance for a total contract amount not to exceed $311,700, and authorize the Mayor to execute on behalf of the City
PREPARED BY: Chelsea O’Sullivan, Assistant City Attorney DISCUSSION:

The City is currently in the middle of the administrative hearing before the Administrative Hearing Office of the State Water Resources Control Board on its Petition for Change to its water rights permit to divert Santa Ynez River underflow (also called the River Wells Project).

The City previously engaged GSI Water Solutions, Inc. (GSI) to evaluate the River Wells Project during its environmental review and, most recently with contract Amendment No. 4 ($96,700.00), to provide hydrology expert witness services in the administrative hearing on the River Wells Matter.

The City has mostly completed the initial phase of the administrative hearing, of which GSI’s work was central, and is currently preparing for the rebuttal phase and closing argument. GIS’s involvement is needed at the rebuttal and closing argument states, however their prior budget under Amendment No. 4 is exhausted. Hydrological issues are front and center in the administrative proceedings and are requiring more work than either the City or GSI anticipated.

Therefore, GSI is requesting a contract amendment (Amendment No. 5) on a time and materials basis for an additional fee not to exceed $65,000. This would bring the total contract budget for assistance with the administrative hearing on the River Wells Project to $161,700 (Amendment No. 4 and 5). The total contract budget including the original contract dated June 21, 2016 ($30,000), Amendment No. 1 ($40,000), Amendment No. 2 ($20,000), Amendment No, 3 ($60,000), Amendment No. 4 ($96,700), and this Amendment No. 5 ($65,000) would be $311,700.

Recommendation - Staff recommends approval of Amendment No. 5 and budget amendment in the amount of $65,000 from the Water Fund balance to cover the additional fee. GSI has provided high quality work on complex issues in a timely manner even under tight hearing deadlines. GSI’s continued participation in the administrative hearing on the River Wells Project is vital to the City’s petition.

ALTERNATIVES:
• Decline to approve Amendment No. 5 (not recommended)
• Provide alternative direction to staff
FISCAL IMPACT:
• Approve budget amendment in the amount of $146,700 from the Water Fund balance to cover the additional fee.

ATTACHMENTS:

A. Amendment No. 5 to GSI Water Solutions Inc. Agreement B. GSI Water Solutions Inc. Agreement, and Amendments No. 2-4. 49 AMENDMENT NO. 5

PROFESSIONAL SERVICES AGREEMENT

GSI WATER SOLUTIONS INC
(River Wells Project)
Services for Administrative Hearing Participation
THIS FIFTH AMENDMENT is made and entered into this 27th day of November 2023, between the CITY OF SOLVANG, a municipal corporation and charter city, and GSI Water Solutions Inc, an Oregon Corporation “Consultant”. In consideration of the mutual covenants and conditions set forth in the original Agreement dated, June 21, 2016, Amendments No. 1 dated January 9, 2017, Amendment No. 2 dated December 21, 2020, Amendment No. 3 dated November 22, 2021, and Amendment No. 4 dated May 9, 2022, the parties agree to an expanded scope of services and an additional fee for GSI Water Solutions Inc.’s continued participation in and assistance with the administrative hearing regarding the City’s Petition for Change before the State Water Resources Control Board Administrative Hearing Office.

GSI Water Solutions Inc. submitted its proposal with scope of work to provide such additional services as set forth in Exhibit A. GSI Water Solutions Inc. shall perform the work on a time and materials basis and fees not to exceed $65,000.00 to complete the requested work. The parties have agreed to add this Amendment No. 5 and Exhibit 1 to the Original Agreement. All remaining portions of the original agreement shall remain in full force and effect.
“CITY”

CITY OF SOLVANG
______________________________
Randy Murphy, City Manager
Date:_________________________

APPROVED AS TO FROM
______________________________
Dave Fleishman, City Attorney
ATTEST:
______________________________
Annamarie Porter, City Clerk
“CONSULTANT”
GSI WATER SOLUTIONS INC.
_____________________________
Timothy Thompson, Principal
Date: _____________________
Attachment A
50 Exhibit 1
Proposal and Scope of Additional Services
GSI Water Solutions, Inc.
51 GSI Water Solutions, Inc. 418 Chapala Street, Suite H, Santa Barbara, CA 93101 www.gsiws.com

MEMORANDUM
Budget Increase Request – Solvang River Wells Administrative Hearing Preparation
To: Ms. Chelsea O’Sullivan
From:

Date:

Tim Nicely and Tim Thompson, GSI Water Solutions
November 3, 2023
GSI’s original budget to provide technical support regarding the Solvang River Wells Administrative Hearing has been largely expended over the past year. This is the result of the evolution of the hearing from a simple technical review of the proposal settlement terms into comprehensive expert support as part of the legal proceedings before the State Water Resources Control Board. We have continued to support the project despite being close to our budget limit, with the understanding that the continuing technical work is needed to continue to support the ongoing progression of the hearing. This memorandum presents a request to increase the GSI budget to continue supporting the City on this matter.

Activities anticipated that are still needed by the City and that will require additional budget include:
• Preparation and presentation of case-in-chief and rebuttal exhibits, objections, and responses. • Preparation for and attendance at two hearing dates by Mr. Nicely as the City’s expert witness. • Attention to any additional matters that arise associated with the hearing.

The additional budget needed for GSI to complete its support of the Administrative Hearing process is $65,000. This would modify the overall contracted amount to a new overall contract budget of $161,700.

You may indicate your acceptance of this budget request by signing below. Please feel free to call me if you have any questions.

We appreciate working with you and the City staff and look forward to a successful outcome from this lengthy process.

Sincerely,
GSI Water Solutions
Tim Nicely, PG, CHg
Supervising Hydrogeologist
______________________________ _________
Approved Date
Timothy Thompson, PG, CHg
Principal
52 AMENDMENT NO. 4

PROFESSIONAL SERVICES AGREEMENT

GSI WATER SOLUTIONS INC
River Wells Project)
Services for Administrative Hearing Preparation and Participation THIS 4TH AMENDMENT is made and entered into this 9th day of May 2022, between the CITY OF SOLVANG, a municipal corporation and Charter City (“City”), and GSI Water Solutions Inc. an Oregon Corporation (“ Consultant”) In consideration of the mutual covenants and conditions set forth in the original Agreement dated, June 21, 2016, the parties agree to an expanded scope of services and an additional fee for GSI Water Solutions Inc. to participate in and assist with the preparation for the administrative hearing regarding the City’s Petition for Change before the State Water Resources Control Board Administrative Hearings Office.

GSI Water Solutions Inc. submitted its proposal with scope of work to provide such additional services as set forth in Exhibit 1. GSI Water Solutions Inc. shall perform the work on a time and materials basis and fees not to exceed $96,700.00 to complete the requested work. The parties have agreed to add this Amendment No. 4 and Exhibit 1 to the Original Agreement. All remaining portions of the original agreement shall remain in full force and effect.

CITY” “ CONSULTANT”

CITY OF SOLVANG GSI WATER SOLUTIONS INC
Xenia Bradford, City Manager Timothy Thompson, Principal Date: Date:

APPROVED AS TO FORM:

Dave Fleishman, City Attorney
ATTEST:

Annamarie Porter, City Clerk
DocuSign Envelope ID: 64D109D9- 3B69-4686-ADAA-E29279F6EA8E 20225/ 11/ 2022 5/ 10/
53 GSI Water Solutions, Inc. 418 Chapala Street, Suite H, Santa Barbara, CA 93101 www.gsiws.com Scope of Work and Fee Estimate
To: Chelsea O’Sullivan, RWG Law
From: Tim Nicely and Tim Thompson, GSI Water Solutions, Inc.

Date: April 4, 2022
RE: Solvang River Wells - Administrative Hearing Preparation Scope of Work
GSI Water Solutions, Inc. (GSI) is pleased to present this proposal and scope of work to support the City in support of a forthcoming administrative hearing with the State Water Resources Control Board (SWRCB). The SWRCB’ s Administrative Hearing Office will address the City’s understanding of their proposed operation of their River Wells and related issues that have been covered in previous work conducted by GSI and others. This proposal presents our anticipated scope of work to prepare for and participate in the initial hearing phase, attend a site visit with the SYRWCB staff and prepare for and attend the rebuttal phase of the hearing. The scope of this project was developed at the direction of and in coordination with Chelsea O’Sullivan with Richards Watson Gershon on behalf of the City.

To support the administrative hearing, we anticipate conducting the following tasks:

Initial Hearing Phase
Consultation via conference call/ email regarding scope of written testimony Review and edit of draft written testimony
Review of final written testimony
Assist in preparation of exhibits to accompany testimony Conference calls to prepare oral questions
Review of and advise on opposing parties written testimony on issues within consultant’ s expertise Conference calls to discuss opposing party written testimony Testify as witness in hearing
Site Visit
Attend and be available to answer questions during the anticipated site visit DocuSign Envelope ID: 64D109D9- 3B69-4686-ADAA-E29279F6EA8E 54 SOLVANG RIVER WELLS - ADMINISTRATIVE HEARING PREPARATION GSI Water Solutions, Inc. 2
Rebuttal Phase
Consultation via conference call/ email regarding scope of written rebuttal testimony Review and edit of draft written rebuttal testimony
Review of final written rebuttal testimony
Assist in preparation of exhibits to accompany rebuttal testimony Conference calls to prepare oral rebuttal questions
Review of and advise on opposing parties written rebuttal testimony on issues within consultant’ s expertise
Conference calls to discuss opposing party written testimony Testify as rebuttal witness
Closing Brief
Consultation regarding closing brief
Review and comment on portions of closing brief within consultant’ s expertise For the above work, GSI will conduct the tasks under the direction of Tim Nicely, who will testify at the hearing.

Fee Estimate
Our estimated fee to complete the tasks on a time-and-materials basis is $96,700. The progress of the project will be tracked and the authorized budget will not be exceeded without prior approval.

Description
Labor
Hours Labor Cost
Outside
Services
Direct
Expenses Total
Task 1 – Initial Hearing Phase 196 $ 38,260 $ 0 $ 0 $ 38,260 Task 2 – Site Visit 18 $ 3,780 $ 0 $ 0 $ 3,780
Task 3 – Rebuttal Phase 200 $ 42,560 $ 0 $ 35 $ 42,595
Task 4 – Closing Brief 58 $ 12,060 $ 0 $ 0 $ 12,060
Project Totals 472 $ 96,660 $ 0 $ 35 $ 96,695
We value our partnership with the City and appreciate this opportunity to provide these services to you. Please contact us if you have any questions regarding our proposal.

Sincerely,
GSI Water Solutions, Inc.

Tim Thompson, PG, CHg Tim Nicely, PG, CHg
Principal Water Resources Consultant Supervising Hydrogeologist DocuSign Envelope ID: 64D109D9- 3B69-4686-ADAA-E29279F6EA8E 55 DocuSign Envelope ID: 94581BC1- AFA3- 4B5D- 9941- 2CA6A076DB99 AMENDMENT NO. 3

TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT, made and entered into this 22nd day of November 2021, between the CITY OF SOLVANG, a municipal corporation, hereinafter referred to as " City" and GSI Water Solutions, Inc., hereinafter referred to as " Consultant". In consideration of the mutual covenants and conditions set forth in the original Agreement dated June 21, 2016, and Amendments 1 and 2, the parties agree to the additional scope of work and fee as described below.

Original Agreement June 21, 2016. River Wells Permit. $ 30, 000 Amendment 1 January 9, 2017. Additional T& M Budget. $ 40, 000 Amendment 2 December 21, 2020. Contract term extended. Tech Memo reviewing and supplementing Stetson Engineers 6 tech memos. $ 20, 000 Amendment 3 - Scope of Work.

1. Develop Excel spreadsheet model of the Santa Ynez River including parameters relevant to the SWRCB Administrative Hearing Officer' s requests, and Solvang' s Petition and proposed downstream River Wells.

2. Conduct research and collect necessary data to populate the spreadsheet model.

3. Update previous GSI technical memo regarding the Santa Ynez River and Stetson technical memos.

4. Compile the information and analysis from Tasks 1 through 3 ( above) and develop a new technical memo summarizing the analysis and findings ofthe spreadsheet model and Solvang' s proposed downstream River Wells.

5. Accommodate anticipated work through the December 16„ 2021 Administrative Hearing Officer' s hearing, and limited amount of work that may follow that call.

Fee. The work shall be completed on a time and materials basis for an amount not to exceed $ 60, 000.

Contract Term. The term of the contract shall be extended to June 30, 2024.

All remaining portions ofthe original Agreement and prior Amendments shall remain in full force and shall not be changed by this Amendment.

CITY OF SOLVANG
By: EDocuSigned
by:
69DB64C4
Xenia Bradford, City Manager
DocuSigned by:

Attest: Laaavtc pavfv
Annamarie Porter, City Clerk
GSI Water Solutions, Inc.

LA
uSigned by:

B : Tuvysav,
y
Timothy Thompson, Principal
56 AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT, made and entered into this 21 st day of December 2020, between the CITY OF SOLVANG, a municipal corporation, hereinafter referred to as " City" and GSI Water Solutions, Inc., hereinafter referred to as " Consultant". In consideration of the mutual covenants and conditions set forth in the original Agreement dated June 21, 2016, the parties agree to the additional scope of work and fee as described below.

Scope of Work.

1. Review six technical memos prepared by Stetson Engineers.

2. Write a brief one paragraph summary of each technical memo.

3. Identify which technical memos are relevant to the City' s revised River Wells Project, and draft outline of summary letter described below.

4. Write two or three paragraphs for each relevant technical memo explaining why the City' s revised River Wells Project will have less impact than that identified in the original technical memos. ( Assume this applies to four of the technical memos, maximum.)

5. Compile the information above into a summary letter to the City. Submit draft letter for City review. Address City comments, and submit final letter.

Fee. The work shall be completed on a time and materials basis for an amount not to exceed $ 20, 000.

Schedule. The above services shall be substantially completed by February 22, 2021.

Contract Term. The term of the contract shall be extended to June 30, 2023.

All remaining portions ofthe original agreement shall remain in full force and shall not be changed by this amendment.

CITY OF SOLVANG
By: -
Xei ' dford, City Manager
GSI Water So
mothy ThgirnpAoiV? Kncipal
57 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SOLVANG
AND GSI WATER SOLUTIONS, INC.

THIS AMENDMENT, made and entered into this 9th day of January 2017, between the CITY OF SOLVANG, a municipal corporation, hereinafter referred to as " City" and GSI Water Solutions, Inc., hereinafter referred to as " Consultant". In consideration of the mutual covenants and conditions set forth in the original agreement dated June 21, 2016, the parties agree to extend the term of the original agreement.

Section 1. 01 shall be amended to read as follows:

1. 01 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional Hydrogeology services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $70, 000, unless - and until this Agreement is amended as provided herein.

Section 5. 02 shall be amended to read as follows:

5. 02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. It is contemplated that most of the services hereunder will be completed on or before April 30, 2017. TIME IS OF THE ESSENCE OF THIS CONTRACT. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

All remaining portions of the original agreement shall not be changed by this amendment.

Executed on January 9, 2017 at Solvang, California
ATTEST:

Lisa Martin, City Clerk
Approved as to for^:.
z 7 "
y ley, City Attorney
fjITR` 0
By: (\ F7ZAj b
JYM Richardson, Mayor
GSI Water Solutions, Inc.
58 CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT
This agreement is effective beginning June 21, 2016, by and between GSI Water Solutions, Inc. C' Consultant"), a Water Resources and Hydrogeology consulting firm, and the City of Solvang (" City"). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1. 0 GENERAL PROVISIONS

1. 01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.

1. 02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the above -referenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement. However, Consultant may not assign this agreement to any other person or entity in the performance of required project -related services, and the City may not control, direct or supervise Consultant' s assistants or employees in the performance of those services.
1_ 03 Standard of Performance: Consultant' s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant' s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract. [ Consultant makes no warranties, guarantees, express or implied, under this Agreement or otherwise in connection with Consultant' s services.]
59 City of Solvang
Professional Services Contract

Page 2 ends

1. 04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional Hydrogeology services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $30,000, unless and until this Agreement is amended as provided herein.

1. 05 Billing/ Payment Terms. All charges for Consultant' s services and related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 ( thirty) days of receipt. The bills will itemize by date all services and expenses provided for the invoice period under this Agreement including a brief description of the nature of work performed, the person performing or vendor providing them, the applicable billing rate, the time expended. All Consultant service invoices must be approved by either the Public Works Director or the City Manager, prior to payment.

2. 0 OBLIGATIONS OF CONTRACTOR

2. 01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.

2. 02 Avoidance of Conflict of Interest. Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant' s sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City' s business or interfere with the timely performance and completion of Consultant' s services under this Agreement.

Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City' s Conflict of Interest Code ( on file in the City Clerk' s Office). All officers, employees and/ or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant or Consulting Firm to notify the City of any staff changes relating to this Agreement.

A. In accomplishing the scope of services of this Agreement, all officers, employees and/ or agents of the Consultant( s) unless as indicated in Subsection B, will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection B. ( Initials). 60 City of Solvang
Professional Services Contract

Page 3 ends

B. In accomplishing the scope of services of this Agreement, Consultant( s) will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultants work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following Consultant( s) shall be subject to the City' s Conflict ofInterest Code.

2. 03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.

2. 04 Workers' Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant' s employees and agents have no right to Workers' Compensation and other City -sponsored employee benefits. Consultant agrees to provide Workers' Compensation and other employee benefits, where required by law, for Consultant' s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant' s employees or agents.

2. 05 Indemnification: General Professional Services: Professional Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at,law or in equity which may allegedly arise from the negligent acts, errors or omissions of Consultant' s or any of Consultant' s employees' or agents' operations under this agreement, whether such operations be by Consultant or by any one or more persons directly or indirectly employed by, or acting as agent for, Consultant; provided as follows:
a) To the fullest extent permitted by law, the Contractor shall ( 1) immediately defend, and ( 2) indemnify the City of Solvang, and its elected officials, officers, and employees from and against all liabilities regardless of nature or type arising out of or resulting from Contractor' s performance of services under this contract, or any negligent or wrongful act or omission of the Contractor or Contractor' s officers, employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. The Contractor' s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.

If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified parry, the Contractor' s indemnification obligation 61 City of Solvang
Professional Services Contract

Page 4 ends

shall be reduced in proportion to the established comparative liability of the indemnified partyb) The review, acceptance or approval ofthe Contractor' s work or work product by any indemnified parry shall not affect, relieve or reduce the Contractor' s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions ofthis contract relating to insurance.

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

3. 0 OBLIGATIONS OF CITY

3. 01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant' s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant.

4. 0 TERMINATION OF AGREEMENT

4. 01 Termination Notice: Notwithstanding any other provision ofthis agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days' prior written notice to the other parties to this agreement.

4. 02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any ofthe following events:
a. Sale ofthe business of any party;
b. The end ofthe 30 (thirty) days as set forth in section 4.01; C. End of the contract to which Consultant' s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.

4. 03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non - breaching party, at its option, may terminate this agreement, immediately, by giving written notice oftermination to the breaching party.

4. 04 Termination: This agreement shall terminate on June 30, 2021, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, 62 City of Solvang
Professional Services Contract

Page 5 ends

under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.

5.0 SPECIAL PROVISIONS

5. 01 Additional Tasks as May Be Assigned by Public Works Director or the Citv Manager: Prior to initiating any Consultant work on matters relating to the City of Solvang SWRCB River Wells Permit & Petitions, but outside this contract, it shall be the responsibility of Consultant to obtain written approval ofthe Public Works Director, or the City Manager, prior to initiation of such tasks.

5. 02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. It is contemplated that most of the services hereunder will be completed on or before December 31, 2016. TIME IS OF THE ESSENCE OF THIS CONTRACT. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

5. 03 Work Outside Contract Scone: No payment for changed or additional work shall be made unless the changed or additional work has first been approved in writing by the Contract Manager and the parties have agreed upon the appropriate adjustment, if any, to the payment schedule and maximum payment amount for the changed or additional work. The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the Contract Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.

5. 04 Confidentiality:
a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance ofthis contract as confidential. b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence ofthe performance of work for any purpose other than fulfillment of Consultant' s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City.
63 City of Solvang
Professional Services Contract

Page 6 ends

c) Security plan. If requested by the Contract Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons. Consultant shall advise the City of any request for disclosure ofinformation or of any actual or potential disclosure of information. d) Survival. Consultant' s obligations under this paragraph shall survive the termination of this contract.

6. 0 MISCELLANEOUS

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

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
TO CONSULTANT:

Copy to: Roy Hanley
City Attorney

HANLEY & FLEISHMAN, LLP
8930 Morro Road
Atascadero, CA 93422
S
19 464If, .SIG0; 451 !!'

6. 02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.

6. 03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but 64 City of Solvang
Professional Services Contract

Page 7 ends

nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.

6. 04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.

6. 05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf ofthe parties.

6. 06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property ofthe City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

6. 07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations ofthe parties hereto to each other as ofthe date ofthis agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void.

No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.

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

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

6. 1- 0. A#oese;- Feesi M the evefft ef any eewfevefsy; e agreement, er- the b -each hmof- e
65 City of Solvang
Professional Services Contract

Page 8 ends

6. 11 No waiver: The waiver of any breach by any parry of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.

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

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

6. 14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.

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

6. 16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent ofall the parties to this agreement.

6. 17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
66 City of Solvang
Professional Services Contract

Page 9 ends

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

GSI Water Solutions, Inc.:

Date: June 21, 2016 f:

City of Solvang:

Date: June 21, 2016 By:

City Mana er
APPROVED AS TO FORM:

City Attorney:

Date: 7" 1
a

HANLEY &, FLEISHMAN, LL
By: Z/
Roy fKoey
City Attorney
67 SCOPE OF WORK.

Initial services are professional and technical assistance in connection with the City of Solvang SWRCB River Wells Permit and Petitions for Expanded Reach ofDiversion and Time Extension.

Services in connection with the above may cover a wide variety oftasks, and professional and technical assistance.

FEE SCHEDULE
Services shall be compensated based on the attached GSI Fee Schedule. No change in the Fee Schedule shall occur without written approval from the City of Solvang.

PROJECT SCHEDULE
Project Schedule is not applicable as services are being provided on a time and materials basis as needed and/or requested by the City of Solvang.
68 EXHIBIT C

Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess ofthe limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide thefollowing types and amounts ofinsurance:

Commercial General Liability Insurance using Insurance Services Office " Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another.

Limits are subject to review but in no event less than $ 500, 000 per occurrence.

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

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

The policy must "pay on behalf of the insured and must include a provision establishing the insurer' s duty to defend. The policy retroactive date shall be on or before the effective date ofthis agreement.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating ofA- or better and a minimum financial size VII
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

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

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant' s employees, or agents, from waiving the right of subrogation prior 69 City of Solvang
Professional Services Contract

Page 12 ends

to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability ofany insurance proceeds, and to require all contractors and subcontractors to do likewise.

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

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

5. No liability policy shall contain any provision or definition that would serve to eliminate socalled " third party action over" claims, including any exclusion for bodily injury to an employee ofthe insured or of any contractor or subcontractor.

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

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

8. Certificate( s) are to reflect that the insurer [ or Consultant] will provide 30 days notice to City of any cancellation of coverage.

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

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

Page 13 ends

11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion ofthe insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant' s existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions.

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

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in fiutherance ofor towards performance ofthis Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

Termination of this obligation is not effective until City executes a written statement to that effect.

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

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

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
71 City of Solvang
Professional Services Contract
Pagc 14

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

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

21. Consultant agrees to be responsible for ensaring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment ofpremiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out ofthe work performed under this agreement. City assumes no obligation or liability by such notice, but has the right ( but not the duty) to monitor the handling of any such claim or claims ifthey are likely to involve City.
72 CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.a
Meeting Date: November 27, 2023
SUBJECT: Discussion and possible action to introduce for first reading Ordinance No. 23-0371 repealing section 11-12-8 (Special Events) of Title 11 (Zoning Regulations) and amending Title 8, Public Ways and Property adopting Chapter 9, Special Events to establish processing and permitting of special events on public property and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines
PREPARED BY: Jenny McClurg, Parks and Recreation Director Candice Libera, Recreation Coordinator
A. Rafael Castillo, AICP, Planning Manager

DISCUSSION
Regulations regarding special events are found in Solvang Municipal Code (SMC) Title 11, Zoning Ordinance, Section 12-8, which was established through Ordinance 99-200 in 1999. The City Council subsequently approved the City of Solvang Special Event Guide on August 22, 2022, however, the SMC was not updated. Major provisions, such as where special events can be located, who the decision maker is, the definition of a special event, and the process of applying for a special event permit are not as clearly defined in the code as they are in the Special Event Guide. On September 25, 2023, the Council directed city staff to begin to draft a special events ordinance to remove special events out of the zoning ordinance, and moving it to Title 8, Public Ways and Property, and creating a new Chapter (Chapter 9, Special Events).

The Planning Commission recommended on a 5-0 vote at its November 6, 2023 meeting to the City Council regarding amendments to Title 11 as the City’s Zoning Ordinance. Attachment A includes the proposed amendments to Title 11, and the proposed ordinance for special events, however the proposed Resolution only addresses amendments to Title 11.

SMC section 11-12-8 titled “Special Events” provides a loose framework for special events, which is defined as the following:

A special event is a temporary activity to which the general public is invited that is not included as a regularly permitted use allowed by a land use permit granted for a facility, as determined by the planning/community development director. Special events include, but are not limited to, carnivals, circuses, ethnic celebrations, festivals, art/craft fairs, dance exhibitions and musical entertainment. A temporary land use permit for a special event may be approved by the planning/community development director only for commercial, industrial, agricultural, recreational and institutional zoning districts.

The City of Solvang hosts a number of events throughout the year. These special events typically take place on public property, either in public parks, or city rights-of-way. The existing ordinance contains limited standards regarding the maximum number of days an event can be, and the hours. The ordinance provides no process for approvals, appeals process for denial of events, nor other procedures necessary to ensure a streamlined special events process. Based on the existing ordinance the Planning/community development director (Planning Manager) may authorize a special event, however, in practice the Planning and Building Department is not the leader of such events. City staff recommends removal of special events from the Zoning Ordinance into Title 8, Public Ways and Property, under a new Chapter (9) titled “Special Events”. 73 Special Events Permits
This section establishes the requirements for special events permits be required for festivals, parades public assemblies, etc. that take place on city owned property such as parks, streets, sidewalks and plazas. Events that take place on private property will not be regulated by this ordinance. The City’s Zoning Ordinance alludes to a “temporary land use permit”, which an event on private property would fall under, however, no process is defined in the ordinance. The Planning Department wishes to return to the Planning Commission in 2024 with a Temporary Land Use permit process, uses defined, and establish criteria for temporary events on private property for conformity with the special events permit.

A special event permit is not required for a “First Amendment” event organized and conducted for the purpose of expressions protected by the First Amendment of the Constitution. A special events permit would be required for First Amendment event if the following is involved:
• Erection of fencing, tents, stages, barricades or other structures • Need of power/electricity
• Distribution or sale of food, beverages, merchandise, etc. • Requires closure of any portion of a street, sidewalk, or diversion of vehicular traffic for the safety of participants.

Application Process
This section establishes an application process for all applicants that propose a special event. It includes standards for events that all applicants must adhere to including the following:
• Maximum duration of events is 3 days, excluding Danish Days, Julefest, and other events as determine by the City Manager.
• Minimum of two (2) weeks between events in which streets are closed, with ability to grant variances by the City Manager.
• Hours of operations and set-up/clean-up of events.

Indemnification and Insurance Requirements
These sections establish indemnification and insurance requirements for use of city property. Insurance requirements are waived for a First Amendment event.

Standards for Denials and Revocations
This section includes standards for denials or revocations. Denial and revocation of a permit may be based on the following:
• failure to satisfy requirements of the chapter or Special Events Handbook. • Destruction or damage to city property that is directly attributable to the permittee. • City staff received an application for the same date and time as proposed by the permittee prior to application submittal.
• Time or size of the event is reasonably likely to interrupt the safe and orderly movement of traffic.
• The event is too large to prevent police, fire, or medical services from being administered at the event.
• Size, scope, and duration is not compatible with the location or surrounding neighborhood. • Insufficient time to plan or organize the proposed event due to public health and safety concerns.

Mechanisms for Appeals
This section outlines the appeals process. This process is consistent with the appeals process outlined in SMC Section 1-6.

Special Events Guide and Application
The Special Events Guide is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of the ordinance. The City of Solvang Special Events Guide is published and approved by the City Manager and adopted by City Council resolution.

This guide has been modified to implement the requirements of the ordinance. 74 ALTERNATIVES:

1. Modify Ordinance 23-0371

2. Provide further direction to staff.

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 current budgeted expenses.

ATTACHMENTS:

A - Draft Special Events Ordinance 23-0371
B - Planning Commission Resolution 23-11 Special Events Recommended Ordinance C - Draft Special Event Guide
75 O 23-0371 Special Events
Attachment A
ORDINANCE NO. 23-0371

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING TITLES 8 AND 11 OF THE SOLVANG

MUNICIPAL CODE TO ESTABLISH STANDARDS AND REGULATIONS

FOR SPECIAL EVENTS
WHEREAS, the Solvang Municipal Code (“Code”) currently has minimal standards and regulations for Special Events on city owned property contained in Title 11 that require authorization from the Planning Manager;
WHEREAS, the City recognizes that Special Events require more robust policies and procedures than what is contained in Section 11-12-8 and that special event permits have been historically administered by the Parks and Recreation Department and the City Manager or their designee; WHEREAS, the City proposes to amend Section 11-12-8, Special Events, amending language to reference a new chapter in Title 8;
WHEREAS, the City proposes to amend Title 8 to add a new Chapter 9 entitled Special Events that provides standards and regulations for all special events utilizing city property including but not limited to parks, plazas, and street rights-of-way;
WHEREAS, on November 6, 2023 the Planning Commission determined that the proposed amendments to Title 11 are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-11 recommending the City Council adopt the proposed amendments to Title 11 modifying the Special Events section; and
WHEREAS, the City Council finds it necessary to amend the Code to establish clear standards, and regulations pertaining to Special Events to further goals and policies established by the City Council upon its direction to city staff.

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

SECTION 1. Add Chapter 9 Special Events to Title 8 Public Ways and Property to read as follows:

CHAPTER 9 SPECIAL EVENTS.
8-9-1 Title and Purpose
8-9-2 Definitions
8-9-3 Special Event Permit Required
8-9-4 Application Process and Fee
8-9-5 Special Event Standards
8-9-6. Deposit and Additional Fees
8-9-7 Indemnification Agreement
8-9-8 Insurance Requirements
8-9-9 Permit Denial or Revocation.
8-9-10 Interference with a Special Event Prohibited
8-9-11 Appeals
76 O 23-0371 Special Events
8-9-1 Title, Purpose
A. Title. This chapter may be referred to as the City of Solvang Special Events Ordinance.

B. Purpose. It is recognized that special events enhance the City of Solvang lifestyle and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services. The purpose of this chapter is to:

1. Establish a coordinated process for managing special events on public property.

2. Minimize the impact to regular and ordinary use of public property and facilities.

3. Ensure the health and safety of persons attending an event as well as those using public property but not attending an event

4. Minimize conflicts between special events and other activities on public property

5. Prohibit illegal activities from occurring at special events

6. Protect the rights of special event organizers.

7. Balance the rights of people to engage in expressive activities protected by the United States and California Constitutions and the rights of others in the City’s public places by establishing a reasonable time, place, and manner regulation of constitutionally protected activities.

8. Minimize the financial impact of special events on the City by providing cost recovery from special event organizers to the extent authorized by law, while not unduly affecting the viability of events.
8-9-2 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A. “City of Solvang Special Events Guidebook” is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of this chapter. The City of Solvang Special Events Guidebook is published and approved by the City Manager and adopted by City Council resolution.

B. “Clean-Up Activities” are defined as, but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer.

C. “Expressive Activity” is defined as conduct, the sole or principal object of which is the expression, dissemination, or communication of opinions, views, or ideas and for which no fee or donation is charged or is required as a condition of participation.

D. “Highway” is defined as a public right of way for the purpose of travel or transportation, including California State Route 246 maintained and operated by the California Department of Transportation.

E. “Non-Vendor” is defined as a person or organization that is not selling or offering to sell any goods, food, beverages, merchandise, or services within a special event venue.

F. "Public property" is defined as any city streets, sidewalks, parking lots, parks, or any other property owned or controlled by the city.

G. “Set-Up Activities” are defined as, but not limited to, any equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted services of the special event organizer.

H. "Sidewalk" is defined as a portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

I. "Sign" is defined as any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

J. "Special event" is defined as: “Any temporary organized activity that takes place upon any public property, public right-of-way, sidewalks, parks, or streets in a manner that varies from its current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized formation, parade, procession, or assembly consisting of persons, animals, vehicles or any combination thereof, traveling in unison with a common purpose on a public street, highway, 77 O 23-0371 Special Events
alley, sidewalk, or other public right-of-way which does not comply with normal and usual traffic regulations or controls.”
K. "Special event organizer" is defined as any person, group or organization who conducts, manages, promotes, organizes, aids, hosts, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.

L. "Special event permit" is defined as a permit issued under this ordinance.

M. "Special event venue" is defined as an area or location for which a special event permit has been issued.

N. "Street" is defined as a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel.

O. "Tax-exempt non-profit organization" is defined as an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of three months preceding the date of application for a special event permit.

P. "Vendor" is defined as any person who sells or offers to sell, any goods, wares, personal property, food, beverages, merchandise, or services within a special event venue. 8-9-3 Special Event Permit Required.

A. A special event permit is required for all special events except as provided in subsection B of this section. A person or organization is qualified to apply for a special event permit if they are the special event organizer.

B. A special event permit is not required for an expressive activity, provided however that a special event permit is required for expressive activities that include any of the following:

1. Erection of fencing, tents, stages, barricades, booths, or other structures.

2. Includes the distribution or sale of food, beverages, and/or merchandise.

3. Use of electricity

4. The closure of all or a portion of any street or sidewalk

5. Diversion or control of vehicular traffic in order to provide for the safety of participants.

6. Special events on private property that utilize city resources. 8-9-4 Application Process and Fee
A. Time for Submission. A special event organizer shall file an application for a special event with the city not less than 90 calendar days and no more than 365 before the proposed time of the special event. Notwithstanding the foregoing, where an expressive activity that requires a special event permit under Section 8-9-3 is prompted by a current event or other unplanned act or occurrence and the relevance of the expressive activity will be lessened or lost if the expressive activity cannot be held at the time and place and in the manner proposed, the special event organizer of such expressive activity shall notify the city at least thirty-six (36) prior to the anticipated time and place of such expressive activity.

B. Contents. An application for a special event permit shall include all information required by the City of Solvang Special Events Guidebook.

C. Fee. A special event organizer shall include with submission of their application for a special event permit, a non-refundable application fee in an amount established by resolution of city council. The city council shall set a lower non-refundable application fee for tax-exempt nonprofit organizations. 8-9-5 Special Event Standards
The following standards shall apply to all issued special event permits.

A. Duration/Number of Days. The maximum duration of a special event shall be three (3) consecutive days, including time for set-up activities and clean-up activities.

B. Repetitions. Any one (1) special event organizer shall be limited to two (2) special event permits per year.

C. Duration/Hours. Special events may occur between the hours of (7:00) am and ten (10) pm, including set-up activities and clean-up activities but public attendance at a special event shall be limited to the hours between eight (8:00) am and nine (9:00) pm. 78 O 23-0371 Special Events
D. Frequency. Special events that close city streets and/or city parking lots must have a minimum of two (2) weeks between the special events.

E. Usage of Solvang Park. Special Events shall not occupy more than seventy-five percent (75%) of Solvang Park and shall not occupy the picnic benches, so that non-event participants can concurrently use the park.

F. Variations. The City Manager or their designee may grant variations from these standards if the following findings are made:

1. The variation is required due to a special circumstance applicable to the special event that does not create a public health and safety issue.

2. The variation will not conflict with the intent and purpose of this chapter or any applicable ordinances and policies.

3. The special event organizer agrees to comply with all additional conditions imposed by the City Manager or their designee in granting variations from these standards. 8-9-6 Deposit and Additional Fees
A. Deposit. Prior to issuance of the special event permit, and in addition to the non-refundable application fee required under section 8-9-4, the special event organizer shall pay to the city a refundable deposit, in an amount to be set by resolution of the city council. This deposit will be returned to the special event organizer after the special event if the requirements of this code, the City of Solvang special events guidebook, and the special event permit terms were met and no damage to city property occurred.

B. Additional Fees. Prior to the issuance of the special event permit, the special event organizer shall also pay to the city additional fees, of a type and in an amount established by resolution of the city council, to cover the city’s actual costs in relation to the special event. 8-9-7 Indemnification Agreement
Prior to issuance of a special event permit, the special event organizer must sign an agreement to reimburse the City for any costs incurred by it in repairing damage to City property occurring in connection with the permitted special event and proximately caused by the actions of the special event organizer, its officers, employees, agents, volunteers, or any person acting under the special event organizer’s direction or control, insofar as permitted by law. The agreement shall also provide that the special event organizer shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted special event proximately caused by the actions of the special event organizer, its officers, employees, agents, volunteers, or any person who was under the special event organizer’s control insofar as permitted by law and in a form consistent with this requirement and acceptable to the City Attorney. For purposes of this section, a person who merely joins in a special event is not considered, because of that act alone, to be “under the direction or control” of the special event organizer. 8-9-8 Insurance Requirements
A. Prior to issuance of a special event permit, the special event organizer must possess or obtain liability insurance from a reliable insurance company authorized to do business in the state, to protect against loss from liability imposed by law for damages because of bodily injury and property damage arising from the special event. Such insurance must name on the policy or by endorsement as additional insureds the City of Solvang and it’s elected and appointed officials, officers, employees, agents, and volunteers. Required coverage levels will be based on the size, scope and elements of the special event and will be determined by the city without regard to content or subject of the special event. Maintenance of this insurance shall be a condition of the permit.

B. A copy of the policy or certificate of insurance along with all necessary endorsements must be filed with the city prior to issuance of the special event permit, unless the city, for good cause, waives the filing deadline.

C. The insurance requirements shall be waived by the city for expressive activities upon the filing by the special event organizer of a verified statement that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First 79 O 23-0371 Special Events
Amendment expression or that insurance coverage for the special event is not commercially available.
8-9-9 Permit Denial or Revocation.

The City Manager or their designee shall deny a special event permit application or revoke a special event permit only if they determine from a consideration of the application and/or other pertinent information that one or more of the following exists:

A. The special event organizer has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.

B. The special event organizer fails to complete the application form after having been notified of the additional information or documents requested.

C. The special event organizer does not satisfy the requirements of this chapter, including failing to provide required insurance, indemnity or applicable fees; fails to comply with any special event permit term; or fails to meet any requirement of the City of Solvang special events guidebook.

D. The special event organizer has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the City.

E. The city previously received an application to hold another event at the same time and location requested by the special event organizer, or so close in time and place as to cause undue traffic congestion or create an infeasible parking demand or the city is unable to meet the needs for necessary services for both special events.

F. The concentration of persons, animals, and vehicles at the special event venue is reasonably likely to prevent proper police, fire, or ambulance services to the event.

G. The special event venue is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon the proposed special event venue or with a previously granted encroachment permit.

H. The special event is reasonably likely to occur at a time when school is in session at a location adjacent to the school, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or the ability to transport school age children to and from school.

I. The size, scope and duration of the proposed special event is not compatible with the special event venue or surrounding neighborhood.

J. There is insufficient time to plan or organize for the special event in a manner that is consistent with how the City permits special events and with the needs of public health and safety. 8-9-10 Interference with a Special Event Prohibited.

It is unlawful for any person to willfully interfere with or disrupt a special event permitted by this chapter. 8-9-11 Appeals
Should the City Manager or their designee deny an application for the special event permit or revoke a special event permit, the special event organizer for such application or permit may appeal the decision consistent with Title 1, Chapter 6 of the Solvang Municipal Code.

SECTION 2. Title 11, Zoning Regulation, Chapter 12, Section 8 “Special Events” (11-12-8) is hereby amended to read as follows:

Refer to Title 8, Chapter 9, Special Events.

SECTION 3. This ordinance shall become effective 30 days after its adoption.

SECTION 4. Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.
80 O 23-0371 Special Events
PASSED, APPROVED, AND ADOPTED on this 11th day of December 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 81 O 23-0371 Special Events

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0371 was duly introduced at a regular meeting of the City Council held on the 27th day of November, 2023, and was duly adopted at a regular meeting of said City Council held on the 11th day of December, 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
82 R 23-11 Special Events Recommend Ordinance
RESOLUTION NO. 23-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOLVANG, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 11, CHAPTER 12 OF THE SOLVANG MUNICIPAL CODE TO REMOVE SPECIAL EVENTS AND AMENDING TITLE 8 BY ADDING A NEW CHAPTER 9, SPECIAL EVENTS TOTHE SOLVANG MUNICIPAL CODE WHEREAS, The Planning Commission is required under Solvang Municipal Code Section 11- 17-3 to provide recommendations to the City Council regarding amendments to Title 11 as the City’s zoning code; and
WHEREAS, Section 11-12-8 of the Solvang Municipal Code (“Code”) contains regulations for Special Events, which are defined as events that the general public is invited to but is regularly allowed by a land use permit; and
WHEREAS, the City recognizes that Special Events require more robust policies and procedures than what is contained in Section 11-12-8 and they have been historically administered by the Parks and Recreation Department and the City Manager or their designee versus what the existing ordinance requires, which is the Planning Manager / Director; and WHEREAS, the City proposes to amend Section 11-12-8, Special Events, amending language to reference a new code section; and
WHEREAS, the City proposes to amend Title 8, and add a new chapter entitled Special Events Chapter 9) that provides standards and regulations for all special events utilizing city property including but not limited to parks, plazas, and street rights-of-way; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2023, at which time it heard public input and considered the drafted amendments to the City’s regulations, and recommended the City Council approve the amendments; and

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

SECTION 1. The Planning Commission of the City of Solvang hereby recommends the City Council adopt amendments to Title 11, Chapter 12 of the Solvang Municipal Code to remove Special Events and amending Title 8 by adding a new Chapter 9, Special Events to the Solvang Municipal Code, attached hereto as Exhibit “A”, and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA).

SECTION 2. The Planning Commission find makes the following findings for a Zoning Ordinance Amendment consistent with Solvang Municipal Code Title 11, Section 7-3:

1. The request in the interests of the general community welfare; Fact. The proposed amendments will remove the “special events” section from the Zoning Ordinance into Title 8, Public Ways and Property, as the section pertains to events that take place on City Owned property. The proposed amendment also delineates responsibilities for administering the ordinance from the Planning Manager/Director to the City Manager. The City Manager has historically deferred administration of this ordinance to the Parks and Recreation Department, to which the Planning and Building Department had little to no involvement. The proposed ordinance would bring in line current practices and efficiencies.

2. The request is consistent with the general plan, the requirements of state planning and zoning DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C Attachment B
83 R 23-11 Special Events Recommend Ordinance
laws and other provisions of Title 11 of the Solvang Municipal Code:

Fact. The proposed amendment is consistent with the General Plan, zoning laws, and other provisions as Special Events policies and regulations will be codified and alleviate any ambiguity that the existing ordinance provides, thereby meeting goals and policies pertaining to economic development.

3. Finds that the proposed amendments are consistent with good zoning and planning practices:

Fact. The proposed ordinance eliminates the role of the Planning and Building Department from administering special events permits, which is more a function of the Administration, Public Works, and Parks and Recreation Departments, which is consistent with current and previous practices of the city.

SECTION 3. The Recitals set forth above are true and correct and are adopted as findings in support of this Resolution.

SECTION 4. 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 6th day of November, 2023.

Jack Williams, Chair
APPROVED AS TO FORM: ATTEST:

Chelsea O’Sullivan, Assistant City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 84 R 23-11 Special Events Recommend Ordinance

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. 23-13 was passed and adopted by the Planning Commission of the City of Solvang at a regular meeting of said Planning Commission held on the 6th day of November, 2023, and thereafter signed and approved by the Chair and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES: ADLER, GOLD, JAMIESON, PETERSEN, WILLIAMS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Annamarie Porter, City Clerk
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 85 Exhibit A
ORDINANCE NO. 23-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING TITLES 8 AND 11 OF THE SOLVANG MUNICIPAL CODE TO ESTABLISH STANDARDS AND

REGULATIONS FOR SPECIAL EVENTS
WHEREAS, the Solvang Municipal Code (“Code”) currently has minimal standards and regulations for Special Events on city owned property contained in Title 11 that require authorization from the Planning Manager;
WHEREAS, the City recognizes that Special Events require more robust policies and procedures than what is contained in Section 11-12-8 and that special event permits have been historically administered by the Parks and Recreation Department and the City Manager or their designee; WHEREAS, the City proposes to amend Section 11-12-8, Special Events, amending language to reference a new chapter in Title 8;
WHEREAS, the City proposes to amend Title 8 to add a new Chapter 9 entitled Special Events that provides standards and regulations for all special events utilizing city property including but not limited to parks, plazas, and street rights-of-way;
WHEREAS, on November 6, 2023 the Planning Commission determined that the proposed amendments to Title 11 are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-11 recommending the City Council adopt the proposed amendments to Title 11 modifying the Special Events section; and
WHEREAS, the City Council finds it necessary to amend the Code to establish clear standards, and regulations pertaining to Special Events to further goals and policies established by the City Council upon its direction to city staff.

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

SECTION 1. Add Chapter 9 Special Events to Title 8 Public Ways and Property to read as follows:

CHAPTER 9 SPECIAL EVENTS.
8-9-1 Title and Purpose
8-9-2 Definitions
8-9-3 Special Event Permit Required
8-9-4 Application Process and Fee
8-9-5 Special Event Standards
8-9-6. Deposit and Additional Fees
8-9-7 Indemnification Agreement
8-9-8 Insurance Requirements
8-9-9 Permit Denial or Revocation.
8-9-10 Interference with a Special Event Prohibited
8-9-11 Appeals
8-9-1 Title, Purpose
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 86 A. Title. This chapter may be referred to as the City of Solvang Special Events Ordinance.

1. Establish a coordinated process for managing special events on public property.

2. Minimize the impact to regular and ordinary use of public property and facilities.

3. Ensure the health and safety of persons attending an event as well as those using public property but not attending an event

4. Minimize conflicts between special events and other activities on public property

5. Prohibit illegal activities from occurring at special events

6. Protect the rights of special event organizers.

For the purpose of this chapter, the following definitions shall apply:

A. “ City of Solvang Special Events Guidebook” is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of this chapter. The City of Solvang Special Events Guidebook is published and approved by the City Manager and adopted by City Council resolution.

B. “ Clean-Up Activities” are defined as, but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer.

C. “ Expressive Activity” is defined as conduct, the sole or principal object of which is the expression, dissemination, or communication of opinions, views, or ideas and for which no fee or donation is charged or is required as a condition of participation.

D. “ Highway” is defined as a public right of way for the purpose of travel or transportation, including California State Route 246 maintained and operated by the California Department of Transportation.

E. “ Non-Vendor” is defined as a person or organization that is not selling or offering to sell any goods, food, beverages, merchandise, or services within a special event venue.

F. " Public property" is defined as any city streets, sidewalks, parking lots, parks, or any other property owned or controlled by the city.

G. “ Set-Up Activities” are defined as, but not limited to, any equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted services of the special event organizer.

H. " Sidewalk" is defined as a portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

I. " Sign" is defined as any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

J. " Special event" is defined as: “Any temporary organized activity that takes place upon any public property, public right-of- way, sidewalks, parks, or streets in a manner that varies from its current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized formation, parade, procession, or assembly consisting of persons, animals, vehicles or any combination thereof, traveling in unison with a common purpose on a public street, highway, DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 87 alley, sidewalk, or other public right-of-way which does not comply with normal and usual traffic regulations or controls.”
K. " Special event organizer" is defined as any person, group or organization who conducts, manages, promotes, organizes, aids, hosts, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.

L. " Special event permit" is defined as a permit issued under this ordinance.

M. " Special event venue" is defined as an area or location for which a special event permit has been issued.

N. " Street" is defined as a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel.

O. " Tax-exempt non-profit organization" is defined as an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of three months preceding the date of application for a special event permit.

P. " Vendor" is defined as any person who sells or offers to sell, any goods, wares, personal property, food, beverages, merchandise, or services within a special event venue. 8-9-3 Special Event Permit Required.

B. A special event permit is not required for an expressive activity, provided however that a special event permit is required for expressive activities that include any of the following:

1. Erection of fencing, tents, stages, barricades, booths, or other structures.

2. Includes the distribution or sale of food, beverages, and/or merchandise.

3. Use of electricity

4. The closure of all or a portion of any street or sidewalk

5. Diversion or control of vehicular traffic in order to provide for the safety of participants.

B. Contents. An application for a special event permit shall include all information required by the City of Solvang Special Events Guidebook.

A. Duration/Number of Days. The maximum duration of a special event shall be three (3) consecutive days, including time for set-up activities and clean-up activities. This limitation does not apply to City-sponsored events approved by the City Manager or their designee.

B. Repetitions. Any one (1) special event organizer shall be limited to two (2) special event permits per year. This limitation does not apply to City-sponsored events approved by the City Manager or their designee.

DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 88 C. Duration/Hours. Special events may occur between the hours of (7:00) am and ten (10) pm, including set-up activities and clean-up activities but public attendance at a special event shall be limited to the hours between eight (8:00) am and nine (9:00) pm.

D. Frequency. Special events that close city streets and/or city parking lots must have a minimum of two (2) weeks between the special events. This limitation does not apply to City-sponsored events approved by the City Manager or their designee.

F. Variations. The City Manager or their designee may grant variations from these standards if the following findings are made:

1. The variation is required due to a special circumstance applicable to the special event that does not create a public health and safety issue.

2. The variation will not conflict with the intent and purpose of this chapter or any applicable ordinances and policies.

DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 89 C. The insurance requirements shall be waived by the city for expressive activities upon the filing by the special event organizer of a verified statement that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression or that insurance coverage for the special event is not commercially available.
8-9-9 Permit Denial or Revocation.

A. The special event organizer has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.

B. The special event organizer fails to complete the application form after having been notified of the additional information or documents requested.

D. The special event organizer has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the City.

F. The concentration of persons, animals, and vehicles at the special event venue is reasonably likely to prevent proper police, fire, or ambulance services to the event.

I. The size, scope and duration of the proposed special event is not compatible with the special event venue or surrounding neighborhood.

SECTION 2. Title 11, Zoning Regulation, Chapter 12, Section 8 “Special Events” (11-12-8) is hereby amended to read as follows:

Refer to Title 8, Chapter 9, Special Events.

SECTION 3. This ordinance shall become effective 30 days after its adoption.

PASSED, APPROVED, AND ADOPTED on this _____ day of ______ 2023.

Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:

Dave Fleishman, City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 91 STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-___ was duly introduced at a regular meeting of the City Council held on the _____ day of _______, 2023, and was duly adopted at a regular meeting of said City Council held on the _____ day of _________, 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
DocuSign Envelope ID: ECF8503B- 696F-485F-AFFB- 77B781DA396C 92 CITY OF SOLVANG

SPECIAL EVENTS

GUIDE & APPLICATION
411 Second Street
Solvang, CA 93463
805-688-7529
[email protected]
93 2
CITY OF SOLVANG | Special Events Guide

TABLE OF CONTENTS
Table of Contents………………………………………………………………………………………………..2 Velkommen / Welcome!......................................................................................................................... 3 What is a Special Event?................................................................................................................................................... 4 When is a Special Event Permit Required?................................................................................................................... 4 Special Event Definitions……...………………………………………………………………………….……5 The Permitting Process……………………………………………………………………………………..…. 7 Permit Denial, Revocation and Appeal Procedure ............................................................................. 8 Mandatory Meetings ............................................................................................................................. 9 Fees and Payment Deadlines………………………………………………….………………………….….. 9 Rules and Regulations……………………………………………………………………………….………..10 Permit and Compliance Items…………………………………………………………………………...…...13 Special Event Application ……………………………………………………………………………………21 Affidavit of Applicant…………………………………………………………………………………………..25 Hold Harmless Agreement …………………………………………………………………………………...26 Vendor Hold Harmless Agreement……………………………………..………………………..………….27 Santa Barbara County Sheriff’s Department Service Agreement …………………………………….28 Solvang Park Map………………………………………………………………………………………………29
Solvang Parking Lot 2 Map………………………………………………………………………...…………30 Downtown Solvang Aeiral Map…………………………………………………………………………...….31 94 3
CITY OF SOLVANG | Special Events Guide
VELKOMMEN / WELCOME!
Dear Event Organizer,
Solvang is a city that celebrates special events. From internationally renowned events to community-based festivals, parades and shows, the City of Solvang is proud to host many events each year. Our goal is to enhance the vitality, quality of life, and economic prosperity of Solvang for its residents and tourists by supporting special events. Thank you for choosing Solvang for your event location!
Freedom of speech/expressive activities are rights protected by the First Amendment of the United Sates Constitution and Article I, Section 2 of the California Constitution.

These rights protect the expression of ideas and the right to protest and for peaceful assembly. The City of Solvang is committed to the preservation of these rights with the intent to avoid unnecessarily burdening free speech and to leave open ample opportunities for expression.

This document was developed to guide you through the City of Solvang special event permitting process and to provide the rules and regulations associated with organizing a special event within the City of Solvang. As you read this Special Event Guide and complete the Special Event Application, please be aware these documents were developed to address many types and elements of special events.

On behalf of the City of Solvang, thank you for contributing to the spirit and vitality of our community. To assist you with planning your special event and ensure proper use of City property and adequate planning for safe conduct of the activity and the general health and safety of the attendees and/or general public, contact the Special Event Coordinator.

Special Event Coordinator
(805) 688-7529 / [email protected]
95 4
CITY OF SOLVANG | Special Events Guide
WHAT IS A SPECIAL EVENT?
Special Events are defined as:

Any temporary organized activity that takes place upon any public property, public right-of-way, sidewalks, parks, or streets in a manner that varies from its current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized formation, parade, procession, or assembly consisting of persons, animals, vehicles, or any combination thereof, traveling in unison with a common purpose on a public street, highway, alley, sidewalk, or other public rightof-way which does not comply with normal and usual traffic regulations or controls.

By their nature, Special Events require greater planning, review, and permitting from multiple City departments or other governmental agencies to ensure proper use of City property, adequate planning for safe conduct of the activity, and the overall health and safety of the attendees and/or the general public.

WHEN IS A SPECIAL EVENT PERMIT REQUIRED?
A special event permit is required for all special events except those that fall under the freedom of speech/expressive activity category. A person or organization is qualified to apply for a special event permit if they are the special event organizer which is any person, group or organization who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.

A special event permit is not required for an expressive activity. However, a special event permit is required for expressive activities that include any of the following:
• Erection of fencing, tents, stages, barricades, booths, or other structures. • Includes the distribution or sale of food, beverages, and/or merchandise. • Use of electricity.
• The closure of all or a portion of any street or sidewalk. • Diversion or control of vehicular traffic in order to provide for the safety of participants. • Special events on private property that utilize city resources. 96 5
CITY OF SOLVANG | Special Events Guide

SPECIAL EVENT DEFINITIONS
Before you get started planning a Special Event with the City of Solvang, please review the following terms that are commonly used in this guide.

City of Solvang Special Events Guide is a policy document containing the rules, regulations, forms and processes for special events that implements the requirements of this chapter. The City of Solvang Special Events Guide is published and approved by the City Manager and adopted by City Council resolution.

Clean-Up Activities are defined as, but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer.

Expressive Activity is defined as conduct, the sole or principal object of which is the expression, dissemination, or communication of opinions, views, or ideas and for which no fee or donation is charged or is required as a condition of participation.

Highway is defined as a public right of way for the purpose of travel or transportation, including California State Route 246 which is maintained and operated by the California Department of Transportation.

Non-Vendor is defined as a person or organization that is not selling or offering to sell any goods, food, beverages, merchandise, or services within a special event venue. (An example of a non-vendor would be a booth passing out informational brochures only).

Public property is defined as any city streets, sidewalks, parking lots, parks, or any other property owned or controlled by the city.

Set-Up Activities are defined as, but not limited to, any equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted services of the special event organizer.

Sidewalk is defined as a portion of a street, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.

Sign is defined as any pennant, flag, banner, inflatable display, or other attention-seeking device.

Special Event is defined as: “Any temporary organized activity that takes place upon any public property, public right-of- way, sidewalks, parks, or streets in a manner that varies from its current land use or otherwise requires a permit. These events may include, but are not limited to, festivals, athletic events, fundraisers, concerts, public assemblies, or any organized formation, parade, procession, or assembly consisting of persons, animals, vehicles or any combination thereof, traveling in unison with a common purpose on a public street, highway, alley, sidewalk, or other public right-of-way which does not comply with normal and usual traffic regulations or controls.”
97 6
CITY OF SOLVANG | Special Events Guide
Special Event Organizer is defined as any person, group or organization who conducts, manages, promotes, organizes, aids, hosts, or solicits attendance at a special event and has the personal legal capacity and responsibility for the special event and compliance with all permit terms and conditions.

Special Event Permit is defined as a permit issued under this ordinance.

Special Event Venue is defined as an area or location for which a special event permit has been issued.

Street is defined as a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel.

Tax-Exempt Non-Profit Organization is defined as an organization that is exempt from payment of income taxes by federal or state law and which has been in existence for a minimum of three months preceding the date of application for a special event permit.

Vendor is defined as any person who sells or offers to sell, any goods, wares, personal property, food, beverages, merchandise, or services within a special event venue. 98 7
CITY OF SOLVANG | Special Events Guide

THE PERMITTING PROCESS
The special event permit application process has a number of steps that must be completed before approval and event set-up. During the process, the Special Event Coordinator is available to answer questions and provide assistance as necessary to ensure the success of your event and the safety of all attendees.

STEP 1
Email [email protected] or call the Special Event Coordinator at 805-688-7529 to inquire if the proposed date of your event is available.

STEP 2
Submit a City of Solvang Special Events Application no less than ninety (90) calendar days before the first day of the event and no sooner than one (1) calendar year, along with the Special Event Application non-refundable fee of $135. You can submit the application fee via cash or check to: 411 Second Street, Solvang CA 93463. All checks should be made out to the City of Solvang.

STEP 3
Review of the Special Event Application by Special Event Coordinator. Once received, the Special Event Coordinator will review the application to determine the permit fees and charges that will apply for use of the event venue. The application is also used to determine the additional permits and compliance items that may be required by county, state, and federal agencies. These fees and charges and additional requirements are based on the scope of your event as described in the application.

Visit the appropriate sections of this guide to view descriptions of the additional permits and compliance items that may be required for your event. Please be advised that there may be additional charges for these items.

STEP 4
Once the application review is completed, you will receive notification via email that your date has been secured and you are on the calendar of events for The City of Solvang. You will also receive a checklist detailing any additional items required.

You are not issued a countersigned special event permit until all fees and charges have been paid in full and any additional permits and compliance items that are required by other county, state, or federal agencies have been received. Payment in full is due a minimum of thirty (30) days prior to the first day of your event.

Should any event elements change after the original submittal of the Special Event Application, you are required to notify the Special Events Coordinator in writing with an amendment to your application.

Issuance of a Denial Letter
A denial letter indicates that your application is being denied, with reason(s) for denial included in the letter. Some potential denial reasons are listed in this guide under Permit Denial, Revocation, and Appeal Procedure.
99 8
CITY OF SOLVANG | Special Events Guide

PERMIT DENIAL, REVOCATION, AND APPEAL PROCEDURE
The City Manager or their designee shall deny a Special Event Permit Application or revoke a Special Event Permit only if they determine from a consideration of the application and/or other pertinent information that one or more of the following exists:

The Special Event Organizer has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.

The Special Event Organizer fails to complete the application form after having been notified of the additional information or documents requested.

The Special Event Organizer does not satisfy or fails to meet the requirements of the City of Solvang Special Events Guide which include but are not limited to: failing to provide required insurance, indemnity, and/or applicable fees.

The Special Event Organizer has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior special event permit issued by the City.

The City previously received an application to hold another event at the same time and location requested by the Special Event Organizer, or so close in time and place as to cause undue traffic congestion or create an infeasible parking demand or the City is unable to meet the needs for necessary services for both special events.

The concentration of persons, animals, and vehicles at the special event venue is reasonably likely to prevent proper police, fire, or ambulance services to the event.

The special event venue is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place on the proposed special event venue or with a previously granted encroachment permit.

The special event is reasonably likely to occur at a time when school is in session at a location adjacent to the school, and the noise created by the activities of the special event would substantially disrupt the educational activities of the school or the ability to transport school age children to and from school.

The size, scope and duration of the proposed special event is not compatible with the special event venue or surrounding neighborhood.

There is insufficient time to plan or organize for the Special Event in a manner that is consistent with how the City permits Special Events and with the needs of public health and safety.

Whenever possible, rather than denying an application based on the above-stated reasons, the City shall request the applicant modify their event.

Should the City Manager or their designee deny an application for the special event permit or revoke a special event permit, the Special Event Organizer for such application or permit may appeal the decision consistent with Title 1, Chapter 6 of the Solvang Municipal Code. 100
9 CITY OF SOLVANG | Special Events Guide

MANDATORY MEETINGS
The City’s Special Event Coordinator holds meetings throughout the year with event organizers for the purposes of pre-event coordination, post-event evaluation and discussion of special needs or issues unique to the event. These meetings will be coordinated with the event organizer. The number of meetings will depend on the size and scope of your event, whether the event is new or recurring, and/or if there have been issues in the past. The City’s Special Event Coordinator will invite representatives from other City departments to these meetings as appropriate. You are encouraged to include appropriate event personnel in these meetings.

FEES AND PAYMENT DEADLINES
Special Event Application Fee
This is a non-refundable $135 paperwork processing fee that is due at time of submittal of the application. Payment of the application fee does not guarantee that any or all aspects of the application will be approved.

City Maintenance Crew Assistance Fee
If Maintenance is deemed a requirement during your set-up, event hours, or break down, you will be charged at a rate of $97 per hour per person with a minimum of a two-hour charge per person. For assistance needed at events held outside of normal business hours, a four-hour staff time minimum shall apply. You will receive an estimate of the anticipated costs for staff time prior to issuance of your permit.

Sheriff’s Fees
A Santa Barbara County Sheriff’s Service Agreement must be filled out for all events that include a parade or involve the distributing or selling of alcohol. The Sheriff’s Department will provide a cost estimate for services or waive services if deemed appropriate. Such fees will be paid directly to the City on behalf of the Sheriff’s Department. Sheriff fees must be paid no later than thirty (30) days prior to your event.

Vendor Fees
If your special event includes vendors selling or offering to sell any goods, wares, personal property, food, beverages, merchandise, or services each vendor must pay a $50 vendor fee.

The event organizer is responsible for collecting vendor fees and then submitting one payment for all vendors to the City the first business day after conclusion of event. Non-profit groups and those that hold a current City of Solvang business license are exempt from the $50 vendor fee.

As well as those vendors that are considered a non-vendor. (See definition of a non-vendor). 101
10 CITY OF SOLVANG | Special Events Guide

RULES AND REGULATIONS
Accessibility Requirements
As an event organizer, you are required to comply with all city, county, state and federal disability access requirements applicable to your event. All temporary structures, related structures, and outdoor sites for special events shall be accessible to persons with disabilities. If a portion of the area cannot be made accessible, an alternate area shall be provided with the same activities that are in the inaccessible areas. Disability access may include parking, restrooms, clear paths of travel, transportation, signage, accessible vendors, and booths. As an organizer, you may choose not to allow pets at your event. In these cases, accommodations must be made for service animals in accordance with the Americans with Disabilities Act. For more information, please visit: Service Animals and the ADA .

Alternate Transportation
The City requires all event organizers to advertise in any of their electronic media or printed event materials for the Santa Ynez Valley Transit as an alternative transportation option in order to ease the congestion and parking issues that occur when people drive their vehicles to an event. Also, other alternative transportation options should be encouraged which include carpooling, ridesharing, or encouraging people to walk, bike or take other forms of public transportation. Additionally, providing a shuttle service, offsite parking locations and dedicated drop-off and pick-up areas for rideshare drivers are strongly encouraged to lessen traffic congestion around your event.

Alcohol Requirements
If you plan to sell or distribute alcoholic beverages at your event, you will be required to obtain a permit from the State of California Department of Alcoholic Beverage Control (ABC). ABC requires an endorsement of their application from local law enforcement and approval from the property owner (the City) before issuing such a permit. Please see below for other requirements when selling or serving alcohol.
• Obtain a Daily License Application from the Alcohol Beverage Control (ABC). For information and licensing procedures visit: ABC Information. • At least one person serving alcohol in each conditioned area must be Responsible Beverage Service Training (RBS) trained and certified. This person must be present at the event and actively oversee the alcohol service for the entire duration of the event. The State of California Alcohol Beverage Control (ABC) offers a free RBS Training which can be found here:
https://www.abc.ca.gov/education/rbs/.
• Indicate the designated conditioned area(s) on your site plan and include the dimensions of area(s) and mark the entrances and exits. • Provide fencing for your conditioned area(s). Must include the appropriate number of emergency exits as determined by Santa Barbara County Fire Department.
102
11 CITY OF SOLVANG | Special Events Guide
• Check the identification of all persons entering such areas. Only those 21 years and older are allowed.
• “No alcohol beyond this point” signage at the exits.
• Use of glass beverage bottles and cups is prohibited. • Alcohol service to stop 30 minutes before the end of an event.

Amplified Music and Sound
Amplified Music/Sound and/or Live Musical Performances during a special event are restricted to the hours of eight (8:00) am to nine (9:00) pm. Amplified Music/Sound and/or Live Musical Performances will not be allowed when there are competing uses in the same area.

Cancellations
All cancellations must be emailed to the Special Event Coordinator at [email protected]. The permit application fee is non-refundable and nontransferable. Since most special events require months of pre-planning, we expect you to give prior consideration to the time of year chosen and that your event will occur “rain or shine.” However, if rain is predicted and you decide to cancel within five days prior to your event, no monetary refund will be given but we will work with you to reschedule your event to another available date.

Clean-Up Activities
As an event organizer, you must ensure the proper disposal of waste and garbage throughout the term of your event, and immediately upon conclusion of the event, the area must be returned to a clean condition which include but not limited to, the proper disposal of waste and garbage throughout the special event, removal of all equipment, booths, signage, fencing, and decorations brought in by the special event organizer or contracted service providers of the special event organizer. A cleaning crew, staffed with your organization’s personnel or volunteers, is required to clean during and at the end of each day of an event. Depending on the size and impact of your event, you may be required to hire a professional cleaning company to clean the streets, sidewalks, landscape areas or parking lots. The event area must be cleaned to the satisfaction of the City.

Compliance with the Law
Event Organizers and participants in special events must comply with all applicable laws, ordinances and regulations adopted or established by Federal, State or local government agencies or bodies.

Interference with a Special Event Prohibited
It is unlawful for any person to willfully interfere with or disrupt a special event. SMC 8-9-10 103
12 CITY OF SOLVANG | Special Events Guide
Special Event Standards
The following standards shall apply to all issued special event permits:

Duration/Number of Days
• The maximum duration of a special event shall be three (3) consecutive days, including time for set-up activities and clean-up activities.

Repetitions
• Any one (1) special event organizer shall be limited to two (2) special event permits per calendar year.

Duration/Hours
• Special events may occur between the hours of (7:00) am and ten (10) pm, including set-up activities and clean-up activities, but public attendance at a special event shall be limited to the hours between eight (8:00) am and nine (9:00) pm.

Frequency
• Special events that close city streets must have a minimum of two (2) weeks between the special events.

Usage of Solvang Park
• Special events shall not occupy more than seventy-five percent (75%) of Solvang Park and shall not occupy the picnic benches, so that non-event participants can concurrently use the park.

Variations
The City Manager or their designee may grant variations from these standards if the following findings are made:
• The variation is required due to a special circumstance applicable to the special event that does not create a public health and safety issue.
• The variation will not conflict with the intent and purpose of this guide or any applicable ordinances and policies.
• The special event organizer agrees to comply with all additional conditions imposed by the City Manager or their designee in granting variations from these standards.

Use of Stakes
To protect turf and irrigation, the use of stakes to anchor tents, canopies, inflatable bouncers, stages, etc. is strictly prohibited. If you are planning to have anything that needs to be anchored down, please plan accordingly. Exceptions to this policy may be granted under certain conditions.
104
13 CITY OF SOLVANG | Special Events Guide

PERMITS AND COMPLIANCE ITEMS
There are a number of different special event-related permits that may be required in conjunction with a dually countersigned special event permit. The proposed event venue, activities, components, attendance, and unique circumstances of the event are contributing factors to the final determination of the required permits. The City of Solvang maintains sole discretion to determine the required permits for the proposed venue and/or components of your event. Below is a list of the most common permit types you may be required to obtain. Your special event permit will list any supplemental permits and provisions that will be required.

These permits and “compliance” items must be received no later than 30 days prior to your event before issuance of your countersigned special event permit.

Indemnification Requirements
Event Organizers agree to indemnify, hold harmless and defend the City of Solvang, its Council and all of its officers, agents, members of its commissions, volunteers and employees from and against any and all liabilities, damages, judgments, actions, costs, claims and expenses, including legal fees, on account of personal injury or death or damage to or loss of property arising out of or resulting from, in any way, any act or omission, negligence, fault or violation of law or ordinance of the Event Organizer, of its representatives, employees, agents, subcontractors, patrons, vendors, or invites or any other person entering the special event venue with implied or express permission of the Event Organizer or its representatives in connection with the use of City property permitted under this Agreement or adjacent properties. Event Organizer shall give to the City prompt and timely written notice of any claim made or suit instituted coming to its knowledge which may in any way directly or indirectly, contingently or otherwise affect either the City or Event Organizer related to, arising out of, or resulting from in any way the Event Organizers use of City property under this Agreement or use of adjacent properties, and both parties shall have the right to participate in the defense of same to the extent of its own interest. Approval of insurance policies by the City shall in no way affect or change the terms and conditions of this indemnity.

Insurance Requirements
• All event organizers must provide insurance coverage that is maintained for the duration of the event including set-up and dismantle dates not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

General Liability Insurance
• General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Commercial General Liability
• Commercial general liability insurance with coverage at least as broad as in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
105
14 CITY OF SOLVANG | Special Events Guide
Duration of Coverage
• The Event Organizer shall procure and maintain for the duration of the event, insurance against claims for injuries to persons or damages to property, which may arise from the Event Organizer’s use or occupancy of any public property and adjoining property.

General Liability Insurance
• General liability policies shall provide or be endorsed to provide that The City of Solvang and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

The City reserves the right to require additional lines of insurance, such as:

Automobile Liability Insurance
• Event Organizer shall maintain automobile insurance covering bodily injury and property damage for all activities of the Event Organizer arising out of or in connection with the event, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Third Party Insurance
• If Event Organizer contracts with a third-party service provider (e.g., caterer), Event Organizer will require the service provider to procure and maintain at its sole cost and expense comprehensive general liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, and if applicable, liquor liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, or other lines of coverage the City requires. Both The City of Solvang and Event Organizer shall be endorsed as additional insureds.

Liquor Liability Insurance
• Event Organizer shall maintain full liquor liability insurance coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate.

Workers’ Compensation Insurance
• Event Organizer shall maintain workers’ compensation insurance (statutory limits) and employer’s liability insurance (with limits of at least $1,000,000). Event Organizer shall submit to the City along with the certificate of insurance, a waiver of subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Other insurance provisions or requirements
The City of Solvang reserves the right to apply this provision to other lines of required insurance coverage. (e.g., professional liability, sexual abuse, and molestation policies).

Primary/Non-Contributing
• Coverage provided by Event Organizer shall be primary, and any insurance or selfinsurance procured or maintained by the City shall not be required to contribute with it.

The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance policies shall include or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. 106
15 CITY OF SOLVANG | Special Events Guide
Waiver of Subrogation
• All insurance coverage maintained or procured pursuant to the Special Event Application shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Event Organizer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. The Event Organizer hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its vendors.

Notice of Cancellation of Insurance
• Event Organizer agrees to oblige its insurance agent or broker and insurers to provide The City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. • The Event Organizer agrees to oblige its insurance agent or broker and insurers to provide the City with thirty (30) day notice of any change of coverage or limits.

Acceptable Insurers
• All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by City.

Enforcement of Agreement Provisions (Non Estoppel)
• Event Organizer acknowledges and agrees that any actual or alleged failure on the part of the City to inform Event Organizer of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder Requirements Not Limiting.
• Requirements of specific coverage features, or limits contained in this section, are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Event Organizer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Event Organizer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. • Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing. 107
16 CITY OF SOLVANG | Special Events Guide
Right to Revise Specifications
• The City reserves the right at any time during the term of the event to change the amounts and types of insurance required by giving the Event Organizer at least thirty (30) days’ advance written notice of such a change.
• However, the City reserves the right to give less than thirty (30) days’ notice if the City first becomes aware of an issue and needs to change the amounts and types of insurance within thirty (30) days of the scheduled event.

Timely Notice of Claims
• Event Organizer shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Event Organizers use or occupancy of the special event venue and adjoining property, and that involve, or may involve, coverage under any of the required liability policies.
108
17 CITY OF SOLVANG | Special Events Guide
Notification of Event
Should your event require the closure or restriction of any public right-of-way, such as a sidewalk, alley, or street, you will be required to inform the public, including businesses and residences, within 500 feet of any closure or restriction at least two weeks prior to the event. The notification should include such details as the name of the event, the name and number of the event organization and/or applicant and the event coordinator (if applicable), the hours of the event and a description of the type of impacts the residents and businesses may experience.

Notification must be approved by the Special Event Coordinator before distribution.

Medical Plan
Medical plans must include a detailed plan of first aid and medical stations. Please include the locations of such stations on the site map and the hours of operation. Please list the types of services that will be provided and the staff/volunteers’ names and contact numbers.

Parades
The City has pre-approved routes you will be required to use and are listed on the application.

Please indicate which route you are requesting. The Public Works Director and the Sheriff’s Department must approve any such request. The following is also required for parades:
• A Caltrans Encroachment Permit is required for routes that use Mission Dr/Highway 246.

Caltrans Encroachment Permits will be handled by the Director of Public Works. • The Sheriff’s Department will provide a estimate for services to monitor the parade route.

Such costs will be paid directly to the City on behalf of the Sheriff’s Department. Sheriff fees must be paid no later than thirty (30) days prior to your parade. • Event Organizer MUST provide volunteers to assist with traffic control and undertake activities related to traffic control. The Public Works Department will let you know the number of volunteers required. A list of the names of volunteers along with their contact details and assigned shifts is mandatory and must be submitted to the City a minimum of a week prior to your parade. If the required volunteer list is not received and/or failure of volunteers report to assigned post prior to parade, this may result in cancellation of the parade and/or shortening of parade route. Parades that start late or run over time will incur additional costs.
• A street sweeper must be contracted to clean the route immediately following the conclusion of the parade when animals are included as part of the parade or is deemed necessary by the City.

Portable Toilet Contract
Depending on the size of your event, its duration, and whether food and/or beverages are served, you may be required to provide portable toilets at the rate of one chemical toilet for every 150 - 250 expected attendees. Please note that at least 10% of the toilets must be handicapped-accessible. Some events may be required to service their toilets during the day, depending on the volume of people and the duration of the event. Please keep in mind that permanent bathrooms on site are not factored in when determining the number of restrooms needed. Permanent restrooms are intended for the normal activity of public spaces and hours of operation and are not intended to accommodate public events. A copy of a contract from the portable toilet vendor, including delivery and pick-up times that fall within the permit period, must be provided two weeks prior to your event as proof of compliance. 109
18 CITY OF SOLVANG | Special Events Guide
Professional Cleaning Contract
Cleaning during and after an event by a professional company may be required for events, if determined by City staff that there is past history of poor cleanup and/or use of event staff and volunteers was insufficient to accomplish the task successfully. Requirements for professional services may include the following:
• Pickup of any overflowing trash from trash/recycle containers (cardboard event boxes and permanent trash/recycle receptacles) within the event area. • Thorough clean-up of any residual trash/litter from event area, including all streets sidewalks, gutters, drain inlets, catch basins and planters. • Power washing with a water collection system (if required). A copy of a contract from the cleaning company must be provided one week prior to your event as proof of compliance.

A copy of a contract from the professional cleaning company, including delivery and pick-up times that fall within the permit period, must be provided one week prior to your event as proof of compliance.

Should you fail to perform adequate cleanup or damage occurs to City of Solvang property and/or facilities due to your event, you will be billed at full recovery rate plus overhead for cleanup and repair.

Site Plan
The site plan you include with your special event application is a visual representation of all the infrastructure and operational event elements that you describe throughout your application.

This is required of all events. All events are required to provide a rough event site plan and/or route map with the special event application in order for the Special Events Coordinator to set fees and requirements correctly. The final site plan/route map must be provided one month prior to your event. The site plan must show the total dimensions of the event footprint and all items placed inside the footprint, including but not limited to:
• Tent Structures
• Stages
• Canopies
• Generators
• Tables
• Bleachers
• Medical Station
• Food, Merchandise, and Information Booths
• Beer/Wine Garden(s)
• Fence around the conditioned area
• Equipment/vehicle parking areas
• Kids’ Activities (Inflatables, Face Painter etc.)
• Sheriff Placement
• Interior and perimeter fencing, with dimensions
110
19 CITY OF SOLVANG | Special Events Guide
• Portable Toilets
• Trash Cans
• Dumpsters
• Storage Trailers
• Light Towers
Temporary Food Facility Permit
All Event Organizers are required to submit a signed and completed application at least two weeks prior to the start of the event to County of Santa Barbara Public Health for events where food and/or beverages will be sold or distributed. See link for instructions. Temporary Food Facility Permit
Tent Permit
If you are planning to use a tent larger than 400 sq. ft. with walls or a tent larger than 700 sq. ft. with no walls, or multiple tents that exceed 700 sq. ft., you will need to obtain a tent permit from the Santa Barbara County Fire Department (SBFD). Open flames are prohibited in tents.

Application for a tent, canopy, or temporary membrane structure, can be found here.

Email applications to [email protected] and cc [email protected].

Traffic Control Plan
All traffic control must be in accordance with the California Manual on Uniform Traffic Control Devices and must also highlight volunteers and police personnel where appropriate. Should your event require the closure or restriction of any public right-of-way, such as a sidewalk, alley, or street, you must submit a traffic control plan with your application.

Trash/Recycling Contract
Event is responsible to provide trash cans and recycling containers throughout the event site.

Events with 300 or more people may be required to provide at least one trash dumpster and a recycling dumpster may also be required if cardboard and other recyclables generated from food and beverage are a large part of your event.
111
20 CITY OF SOLVANG | Special Events Guide
Vendors
The City of Solvang encourages the use of local vendors in all special events. All vendors must sign a Vendor Hold Harmless and if selling of any sort will be conducted, the vendor(s) must provide and pay a special events Vendor Fee and provide liability insurance naming the City of Solvang as additionally insured if the vendor(s) is/are not covered by event organization. Nonprofit vendors or those that currently hold a Solvang Business License do not need to pay a vendor fee. A list of all vendors must be submitted to the Special Event Coordinator before the first day of the event.
112
21 CITY OF SOLVANG | Special Events Guide
City of Solvang
Special Event Application
Applicant Name: ____________________________________________________________ Legal Name/ Event Organization: _____________________________________________________ If Non-Profit, Tax ID # ______________________________________________________________ Name of Event: ___________________________________________________________________ Date(s) of Event: __________________________________________________________________ Primary Contact: __________________________________________________________________ Primary Contact Phone Number: ________________________________________________________ Primary Contact Email Address: ________________________________________________________ Mailing address: __________________________________________________________________ Event Website (if applicable): ________________________________________________________ Type of Event:
___Auto Show ___Bike Ride Walk / Run ___Athletic Event
___Festival / Carnival ___Concert / Performance Parade ___Other If other, please describe:
___________________________________________________________________ Event Times
Set-Up Day/Date - Day 1: ___ Setup Times: _____
Event Day/Date - Day 1: ___ Event Times: _____
Event Day/Date - Day 2: ___ Event Times: _____
Event Day/Date - Day 3: ___ Event Times: _____
Breakdown Day/ Date - Day 3: Breakdown Times:
113
22 CITY OF SOLVANG | Special Events Guide
Anticipated Attendance
Anticipated # of event personnel per day (vendors, staff, volunteers working the event): _______ Anticipated # of event attendees/spectators per day: _______ Grand total of anticipated # of people per day: _______ Traffic Control
Requesting to close a city street and/or public area for event? Yes ___ No___ List all streets and/or public areas and describe what will be set up in those areas. A city street map highlighting requested areas is mandatory.

Your street closure will require a contract with the Sheriff Department and/or City Maintenance Staff for traffic control service plans and proper placement of traffic control devices (TCD). All events will need to submit a traffic control plan. Please give details below on your plans for traffic control. You may submit in a separate document if necessary.
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Details of your Event
Will there be selling and/or informational vendors at your event? Yes ___ No ___ # of Vendors selling food only ____ # of Vendors selling merchandise/services only ____ # of Non-Vendors passing out information only (no vendor fee required) ____ Will there be kid activities at your event? Yes ___ No ___ # of Inflatable Bouncer Houses/Slides ___Dimensions ______How will they be weighted____________________
Rock climbing wall___ Height ____
Arts & crafts (i.e., craft making, face painting, etc.) ___ Specify: _________________________________ Petting zoo___ Specify animals: __________________________________________________________ Carnival games/rides___ Specify: _________________________________________________________ Other________________________________________________________________________________ ____________________________________________________________________________________ 114
23 CITY OF SOLVANG | Special Events Guide
Will there be any entertainment features, musical, etc., included in your event? Yes ___ No ___ Please list.
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Will there be amplified music or announcements at any time during your event? Yes ___ No ___ Any additional elements unique to your event but not asked above? Yes ___ No ___ Describe_____________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Trash/Recycling/Portable Toilets
Contracting with trash/recycling vendor? Yes___ No___ Please note, it may be required.

Company______________________ How many? Trash cans ___ Dumpsters ___ Recycling Containers ___
Contracting with portable toilet vendor? Yes ___ No ___ Please note, it may be required.

Company _____________________________________How many? Regular ___ ADA ___ Load-in Day & Time: __________________________________________________________________ Load-out Day & Time: _________________________________________________________________ Medical Station
Medical station to be staffed by event staff/volunteer? Yes ___ No ___ First Aid/CPR Certified? Yes___ No___
First aid station to be staffed by professional company? Yes ___ No ___ Company __________________

Parking and Alternative Transportation
Using nearby free parking lot(s)? Yes ___ No ___
Is there a shuttle plan? Yes ___ No ___ Describe_____________________________________________ Will there be other alternative transportation? Yes ___ No ___ Describe___________________________ Food / Beverage Vendor
Will food and/or non-alcoholic beverages be prepared at this event? Yes ___ No ___ # of expected vendors: ___
Will Liquid Propane Gas (LPG), Open Flame, or Generators be used? Yes ___ No ___ Alcohol Service:

Will you be serving or selling alcoholic beverages at your event? Yes ___ No ___ What type of alcohol are you planning to serve? ___Beer ___Wine How will IDs be checked? _________________________________________________________ 115
24 CITY OF SOLVANG | Special Events Guide
What is the maximum number of drinks allowed per person? _____ How will this be monitored? Describe.
____________________________________________________________________________________ ____________________________________________________________________________________ What materials are you planning to use as a perimeter of the beer/wine garden conditioned area?_______________________________________________________________________________ What will the dimensions of the beer/wine garden conditioned area be? __________________________ How will the beer/wine garden conditioned area be monitored? ____________________________________________________________________________________ ____________________________________________________________________________________ Parades:

Does your event include a parade? Yes ___ No ___
If yes, which route will you be using?
Route A: Begins at Veteran’s Memorial Building. Right on Mission Drive, Left on Fourth Place, Left on Copenhagen Drive, Left on Alisal Road, Right on Mission Drive, returning to Veteran’s Memorial Building Parking Lot.
15 volunteers required - Caltrans Encroachment Permit WILL be required.

Route B: Begins at Veteran’s Memorial Building. Right on Mission Drive, Left on Atterdag Road, Left on Copenhagen Drive, Left on Alisal Road, Right on Mission Drive, returning to Veteran’s Memorial Building Parking Lot.
10 volunteers required - Caltrans Encroachment Permit WILL be required.

Route C: Route to be determined by City Staff based on the size/scope of parade.

Site Plan:

To ensure your application is reviewed promptly, please attach your site/route plan depicting the proposed layout for your event. Please refer to the Special Event Guide for details of what should be included in your site/route plan on page 17.

Tents:

Does your event include a tent, canopy, or temporary membrane structure? Yes ___ No ___ How many? ___ Tents and canopies require Santa Barbara County Fire Department approval. 116
25 CITY OF SOLVANG | Special Events Guide
Affidavit of Applicant
I certify that the information contained in the forgoing application is true and correct to the best of my knowledge and that I have read, understood, and agree to abide by the guidelines governing the proposed Special Event under the City of Solvang Municipal Code. I understand that this application is subject to the rules and regulations established by the City Council and/or the City Manager or their designee. I agree to comply with all other requirements of the City, County, State, Federal, and any other applicable entity, which may pertain to the use of the Event venue and the conduct of the Event.

I agree to abide by these rules, and further certify that I, on behalf of the Event Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Solvang and contracted services.

I agree to all conditions stated in the Special Event Guide and Application:

Legal Name of Organization: ___________________________________________________ Applicant
Signature: ___ Print Name:

Title: _
Phone: Email: ____________________________
117
26 CITY OF SOLVANG | Special Events Guide
Hold-Harmless Agreement
The undersigned (hereinafter the “applicant”) understands and agrees to be personally responsible for any damage sustained to the grounds, buildings, fixtures, or equipment, as a result of his/her/its use of City property.

The applicant certifies that he/she/it has read and agrees to the City’s Special Event procedures, and acknowledges and understands that additional conditions and fees may be imposed or required at the time of the permit issuance.

The applicant shall hold harmless, defend, and indemnify the City of Solvang, its elected officials, officers, employees, agents, and volunteers from any damages that may arise as a result of the conduct of the special event for which the permit is being sought. The applicant agrees to defend, protect, indemnify, and hold the City of Solvang, its elected officials, officers, employees, agents and volunteers free and harmless from against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of or allegedly arising out of, related to, or resulting from the conduct of the permitted event or activity. The applicant shall, at applicant’s own cost, risk and expense, defend any and all claims and all legal actions that may be commenced or filed against the City of Solvang its elected officials, officers, employees, agents and volunteers, and the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City of Solvang, its elected officials, officers, employees, agents and volunteers resulting from the permitted event or activity.

I hereby submit this Application for a Special Event Permit for the event described in this application.

Applicant Name Applicant Signature Date
City Manager and/or designee - Name
City Manager and/or designee – Signature Date
Approve Event Deny Event
Comments:

Stipulations for issuing permit:

Reason for denial:
118
27 CITY OF SOLVANG | Special Events Guide

VENDOR HOLD HARMLESS AND AGREEMENT NOT TO SUE
Name of Event: ________________________________________________________________ Date(s) of Event: _______________________________________________________________ Primary contact: ________________________________________________________________ Primary Contact Phone Number: ___________________________________________________ Primary Contact Email Address: ____________________________________________________ I, ______________________ (FULL NAME), fully understand that my participation in the ____________________ (hereinafter "event") exposes me to the risk of personal injury, death, communicable diseases, illnesses, viruses, or property damage. I hereby acknowledge that I am voluntarily participating in this event/class and agree to assume any such risks.

I hereby release, discharge and agree not to sue the City of Solvang for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the event from whatever cause, including the active or passive negligence of any participants in the event. The parties to this AGREEMENT understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision.

In consideration for being permitted to participate in the event, I hereby agree, for myself, my heirs, administrators, executors, and assigns, that I shall indemnify and hold harmless the City of Solvang from any and all claims, demands actions or suits arising out of or in connection with my participation in the event.

I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL.

Date

Applicant Signature
119
28 CITY OF SOLVANG | Special Events Guide
SANTA BARBARA COUNTY SHERIFF’S DEPARTMENT SOLVANG

CITY POLICE SERVICE AGREEMENT
The below named applicant and/or event organization hereby agrees to have the Santa Barbara County Sheriff’s Department provide Police Security/Traffic Control on the following date and time, at the following event and location:

NAME OF APPLICANT / CONTACT: _______________________________PHONE: ____________________ APPLICANT ADDRESS: ___________________________________________________________________ EVENT ORGANIZATION: ___________________________________________________________________ TYPE OF EVENT/SERVICE NEEDED: ________________________________________________________ ESTIMATED ATTENDANCE: _______________________________________________________________ LOCATION: _____________________________________________________________________________ DAY / DATE: _______________________________________________________________________________ TIME OF SERVICE: FROM _____TO _____

ALCOHOL SERVED/SOLD YES NO FROM TO
I further understand that this is not an agreement to rent any buildings or equipment, but only an agreement to provide a police service. Deputies will start one-half hour prior to serving alcohol and/or before the start of the event and finish one-half hour after the conclusion of the event, except when additional time is required by activities related to the event. Payment for police service fees must be received by the City of Solvang, 30 days prior to the event, or upon reservation if made less than 30 days before the event. Police services cannot be guaranteed if received less than 5 days prior to the event.

Note: A minimum of two (2) deputies is required for an event, each working a minimum of three (3) hours, for a total of (6) hours minimum.

I understand that I must contact the City of Solvang and meet all terms and conditions for this event.

A copy of this agreement must be returned to the City for billing purposes. The Sheriff’s Department requires a 48-hour notice of cancellation to avoid fees.

I certify that I have read, understand, and agree to this contract agreement, and the answers given herein are true and complete to the best of my knowledge.

APPLICANT SIGNATURE DATE
SHERIFF’S DEPARTMENT
Number of Deputies x HOURS per Deputy = TOTAL HOURS
TOTAL HOURS OF DEPUTIES HRS x ($_____/HRS) = ________
Total Security Deposit = $
SIGNATURE TODAY’S DATE
RETURNED TO SOLVANG CITY BY DATE__________________
120
29 CITY OF SOLVANG | Special Events Guide
Solvang Park Map
121
30 CITY OF SOLVANG | Special Events Guide
Solvang Parking Lot 2 Map
122
31 CITY OF SOLVANG | Special Events Guide
Downtown Solvang Aerial Map
123

CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.b
Meeting Date: November 27, 2023
SUBJECT: Public Hearing to consider Introduction for first reading Ordinance No. 23- 0372 adding section 11-13-20 and making other conforming amendments to Chapter 13 (sign regulations) of Title 11 (zoning regulations) of the Solvang Municipal Code to establish objective content-neutral standards for flags in the city and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines.

PREPARED BY: Chelsea O’Sullivan, Assistant City Attorney Taylor Foland, Richard Watson and Gershon

DISCUSSION
Staff recommends the City Council adopt an ordinance amending Title 11 to establish objective content-neutral standards for flags in the city and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA).

The City currently regulates the display of flags as part of its sign regulations found in Title 11, Chapter 13 of the City’s municipal code. Under that chapter, flags are considered “signs” subject to regulation.

Unless an exemption applies, Title 11, Chapter 13 requires those wishing to display flags to obtain a sign permit as with any other regulated signs. There are some flags that are prohibited altogether, including attention-getting devices such as “feather flags,” which are defined as “[p]ortable, vertical commercial signs or flags typically made of lightweight cloth and attached to tall flexible poles.” Other types of flags are exempt from receiving a sign permit. Two (2) flagpoles with a maximum height of 40 feet which are not attached to a building are allowed. Among the flags exempt from the sign permit requirement are:
• Official flags of a government
• Governmental agency
• Public institution
• Religion or other similar entity; and
• Flags flown on a temporary basis for purposes of honoring declared national or civic holidays.

Legal Authority
The Design Review Committee examined the City’s existing flag regulations in light of law governing the regulation of non-commercial speech. In accordance with the First Amendment, courts consider whether regulations of non-commercial speech are “content-neutral” or “content-based.” A regulation is content-based if the regulation distinguishes between various forms of speech based on the message being conveyed. Regulations of non-commercial signs, which implicate the First Amendment, cannot impose content-based restrictions, unless those restrictions are narrowly tailored to serve a compelling government interest by the least restrictive means necessary. [See Reed v. Town of Gilbert (2015) 575 U.S. 155, 135 S.Ct. 2218]
In Reed, a church and its pastor challenged a town’s comprehensive sign ordinance that prohibited the display of outdoor signs without a permit but exempted 23 categories of signs. The ordinance further regulated ideological signs, political signs, and temporary directional signs differently based on content.

The U.S. Supreme Court held that a sign regulation targeted at specific subject matter is a contentbased speech regulation, even if it does not discriminate among viewpoints within that subject matter.

The Court explained that the town’s sign ordinance was content-based because the distinctions 124
between the ideological, political, and temporary directional signs “depend entirely on the communicative content of the sign.” The Court applied strict scrutiny to the ordinance and found that the town’s sign ordinance violated the First Amendment by imposing content-based regulations that were not narrowly tailored to achieve the town’s interests in community aesthetics and vehicular and pedestrian safety.

After Reed, any flag regulation that defines different categories of non-commercial flags based on the content of the flag, and then subjects each category to different sets of restrictions regarding matters such as flag size, number, location, and display period, could be challenged as a content-based speech regulation. As a result, the DRC examined the City’s existing regulations governing the display of flags within the City and determined that changes were warranted to conform to the Reed case and its progeny.

Proposed Ordinance
The Ordinance before the City Council amends the definition of “Signs” in Title 11, Chapter 13 to exclude flags. Thereafter, it removes references to flags in the existing sign exemption regulations (See Section 11-13-4). It then adds a new Section 11-13-20 creating regulations specific to flags. The proposed flag regulations require all persons to obtain a flag permit prior to displaying a flag on their property, unless the flag falls within one of the identified exemptions. The Ordinance exempts the following flags from the flag permit requirement: (1) flags that meet the requirements of this chapter in Residential zones, (2) flags approved as part of a special event, and (3) temporary flags approved as part of civic events for the duration of the civic event. The Ordinance would also prohibit display of the following flags throughout the City: all pennant and feather flags, and any flag with a structural shape that has an interior volume when articulated by the wind (e.g. windsock and similar structural flags). All other flags would require a flag permit.

Flag Permit Procedures
The Ordinance contains procedures for obtaining a flag permit. Applicants would submit an application, pay the application fee, and provide any supporting information that may be necessary for the application (e.g. if requesting an exception from the flag standards proposed by the Ordinance, provide the reasons the exception is requested). Then, the planning division staff would review the flag permit application and determine its completeness. An application would not be accepted if: (1) the flag has already been installed in violation of the Ordinance’s standards and there is no affidavit confirming the flag will come into compliance; or (2) the application is substantially the same as an application previously denied unless twelve months have passed from the previous rejection, or the application provides evidence of changed conditions.

Once the planning division staff deems a flag permit application complete, the Planning Manager would approve, conditionally approve or deny the application, or refer the application to the design review committee in lieu of denial. Applications requesting exceptions from flag standards would be heard by the DRC. The DRC may approve permits for flags that deviate from the flag standards if the DRC finds that the flag cannot meet the standard for which an exception was requested due to exceptional or unusual circumstances of the property and that the exception is content-neutral, based on objective criteria, consistent with the intent and purpose of the flag regulations and would not bestow a special privilege or entitlement on the applicant in relation to limitations applied to nearby properties with the same zoning.

Decisions by the Planning Manager may be appealed to the design review committee. Alternatively, any decision by the DRC on a flag application, whether an initial decision or an appeal decision, may be appealed to the City Council.

Flag Standards
In order to receive a flag permit, the flag would need to conform to certain content-neutral standards regulating the number of flags per building, size of the flag, mounting structure, height, and the size of 125
any lettering. The standards also preclude flags from obstructing windows, doors, views of existing permitted signs and flags, and walkways or passageways.

At its November 6 meeting, the Planning Commission adopted Resolution No. 23-12 recommending City Council adopt the Ordinance with one recommended change regarding flagpoles. The Draft Ordinance considered by the Planning Commission allowed two flags per building either mounted on the building or on up to (2) flagpoles. The Planning Commission recommended that the flagpole allowance be amended to allow two (2) flagpoles per lot to prevent lots that contain multiple buildings from being able to erect more than two flagpoles, unless granted an exception from the DRC. Up to two building mounted flags are still allowed per building. The Proposed Ordinance reflects the Planning Commission’s change.

Enforcement
In recognition of the effect of the changes the Ordinance would have on existing flags in the City, the Ordinance would delay enforcement of the new flag regulations on currently-erected flags. Enforcement under Ordinance would begin 90 days from the date the Ordinance becomes effective. City staff would determine which properties are out of conformance with the proposed ordinance and would provide a letter and information on obtaining a new permit. This approach would allow time for persons with flags on their properties to come into compliance with the new flag requirements. In addition, a sign application that is submitted in conjunction with a land use application will expire after six (6) months if the associated land use approval is not secured.

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

ALTERNATIVES:

1. Modify Ordinance No. 23-0372

2. Provide further direction to staff
FISCAL IMPACT:

Adoption of Ordinance No. 23-0372 will not directly have any fiscal impact. Adoption of an Ordinance by City Council may result in minor costs of recodification and implementation of ordinance changes but such costs are expected to be within existing budgetary limits.

ATTACHMENTS:

A – Planning Commission Resolution No. 23-12
B – Ordinance No. 23-0372
126
O 23-0372 Flags
ORDINANCE NO. 23-0372

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA ADDING SECTION 11-13-20 AND MAKING OTHER CONFORMING AMENDMENTS TO CHAPTER 13 (SIGN REGULATIONS) OF TITLE 11 (ZONING REGULATIONS) OF THE SOLVANG MUNICIPAL CODE

TO ESTABLISH OBJECTIVE CONTENT-NEUTRAL STANDARDS FOR FLAGS IN THE CITY AND

MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the city has an a national and international reputation as a unique and distinctive Danish/Northern European village in California with a small town character that draws visitors to the area; and
WHEREAS, appropriate display of flags within the City maintains the City’s unique community identity; and
WHEREAS, the City currently regulates flags as signs under Chapter 13 “Sign Regulations” of Title 11 “Zoning Regulations”; and
WHEREAS, the City’s current sign regulations generally require signs, including flags, to obtain a sign permit prior to installation, subject to certain exemptions. Among the exempted signs are certain types of flags which are permitted in the City without a permit, including, but not limited to, official flags of a government, governmental agency, institution, religion, or other similar entity, as well as up to two flag poles not exceeding forty (40) feet in height and not attached to a building; and WHEREAS, the United States Constitution guarantees certain rights, including the right to free speech, which includes the right to display flags with varying messages; and WHEREAS, the Supreme Court has held that content-based regulation of non-commercial speech must serve a compelling government interest and be narrowly tailored to achieve that interest but that content-neutral regulations are not required to meet such a high standard; and WHEREAS, the design review committee is tasked with developing aesthetic standards and requirements for properties in the tourist related district and for making decisions on sign application in the City; and
WHEREAS, the design review committee reviewed the current sign regulations as they apply to flags in the City and proposed certain amendments to establish objective content-neutral flag regulations that maintain the City’s unique community identity; and WHEREAS, on November 6, 2023, the Planning Commission determined that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-12 recommending the City Council adopt an ordinance amending Chapter 13, Title 11 of the Solvang Municipal Code to establish objective standards for flags in the City and make a determination of exemption under CEQA; and
WHEREAS, the City Council determines that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; and
WHEREAS, the City Council determines that the proposed amendments are in the interests of 127
O 23-0372 Flags
the general community welfare; and
WHEREAS, the City Council determines that the proposed amendments are consistent with good zoning and planning practices; and
WHEREAS, the City Council determines that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment and is therefore not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, the City Council finds it necessary to amend the Solvang Municipal Code to establish objective content-neutral standards for flags in the City.

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

SECTION 1.

Section 11-13-4 “Exempt signs, flags and devices” shall be amended to read as follows:
11-13-4 Exempt signs and devices.

The following signs and devices are exempt from the provisions of this chapter. The following signs may be installed without a sign permit provided they meet the requirements listed below:

A. Civic Event Signs. Any civic event sign. Signs may be erected not more than thirty (30) days prior to the event and shall be removed within twenty-four (24) hours after the time of the event and shall not exceed twenty-four (24) square feet in size. Only one (1) such sign shall be erected per lot.

B. Construction Signs. One (1) temporary construction sign, provided the sign does not exceed six (6) square feet in a One-Family Residence District or twenty-four (24) square feet in all other districts, is used only to indicate the name of the construction project and the names and locations of the contractors, architects, engineers, landscape designers, project or leasing agents and the financing company, is displayed during construction only, and does not exceed six (6) feet in height at the edge of the public right-of-way when freestanding.

C. Governmental Signs. Signs required to be maintained or posted by law or governmental order, rule or regulation. Signs specifically required by federal, state or city law, of the minimum size required.

D. Hazard Warning Signs. Any temporary sign warning of construction excavation or similar hazards as long as the hazard exists.

E. Noncommercial Signs. A noncommercial sign, not exceeding six (6) square feet total for each lot in residential districts and twenty-four (24) square feet total for each lot in nonresidential districts. Such a sign shall be erected only with the permission of the property owner or tenant. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political or other noncommercial message and constructed to the same physical dimensions and character shall be permitted.

F. No Trespassing Signs. Any “no trespassing” sign, prohibiting or restricting access to property, provided it is not more than one (1) square foot in size, is placed at each corner and each entrance to the property and at intervals of not less than fifty (50) feet or in compliance with requirements of law.

G. Official Signs. Official federal, state and local sign and notice issued by any court, person or officer in performance of a public duty.
128
O 23-0372 Flags
H. Open House Signs. Any temporary “open house” sign. Only one (1) sign is allowed on each street frontage of the property. Such a sign may be single or double faced and is limited to three (3) square feet or less. Its supporting structure shall not exceed four (4) feet in height. A maximum of three (3) offsite signs shall be allowed. Such signs shall be erected and removed on the day of the open house, and shall not be fastened or attached in any way to any building façade or architectural element.

I. Parking Lot/Directional Sign. Any parking lot and other traffic directional sign not to exceed two (2) square feet in area limited to guidance of pedestrian or vehicular traffic within the premises upon which they are located. There shall be erected no more than three (3) such signs in each parking lot or more than one (1) per entrance.

J. Product/Operating Information Signs. Any gasoline pump, telephone booth, and newsrack sign, provided any sign on such a device identifies only the product contained therein, or displays operating instructions, and the lettering does not exceed two (2) inches in height.

K. Real Estate Signs. A sign on a building or in the ground which indicates that the property is for sale, rent or lease. Only one (1) such sign is allowed on each street frontage of the property. Such a sign may be single or double faced and is limited to six (6) square feet or less, including any portions of the sign that hang off the bottom (e.g., price reduced, do not disturb occupant, in escrow, etc.) on property in all zone districts and shall not exceed six (6) feet in height as measured from the edge of the public right-of-way when freestanding. If affixed to the building, such signs shall be secured using semipermanent fasteners such as screws or nails. Use of tape or string, or draping on the outside of the building is not permitted.

L. Residential Identification Signs. One (1) identification sign of not more than one (1) square foot for a residence.

M. Street Identification Signs. Any street name and/or address stamped or painted on a curb.

N. Temporary Festival Decorations. Any temporary festival decoration or display, except one (1) requiring a building, electrical or other permit (see definition of “temporary festival decoration”).

O. Temporary Signs.

1. One (1) temporary sign placed in a window advertising or announcing a civic event or function, a community service or an activity of a charitable or nonprofit organization. Such sign shall not exceed six (6) square feet.

2. One (1) temporary fundraising event sign placed in a window or a planter, not to exceed six (6) square feet.

P. Traffic Safety Signs. Traffic control and directional signs or devices erected by local, county or state government.

Q. Utility Signs. Signs erected by a public utility or common carrier to warn of dangers, such as the location of underground facilities.

R. Window Signs. Signs within eighteen (18) inches of the window and not affixed to the window, which do not exceed one (1) square foot.

SECTION 2.

Subsection 11-13-5.A.4 of Section 11-13-5 “Prohibited Signs”, Chapter 13 “Sign Regulations”, Title 11 “Zoning Regulations” shall be amended to read as follows:
129
O 23-0372 Flags

4. Any temporary sign outside of a building or attached to the exterior of a building, including banners, placards, streamers, balloons or similar devices, except as provided in section 11-13-4 of this chapter.

SECTION 3.

Definitions of “feather flag sign,” “flag,” and “sign” in Section 11-13-19 “Definitions”, Chapter 13 “Sign Regulations”, Title 11 “Zoning Regulations” are hereby amended as follows with all other definitions in Section 11-13-19 remaining unchanged:

FEATHER FLAG. Portable, vertical commercial flags typically made of lightweight cloth and attached to tall flexible poles. Also known as bow feather flags, feather banners, flutter flags, or teardrop flags.

FLAG. A piece of fabric of distinctive design that has characters, letters, illustrations or ornamentation, including logos, applied to cloth, paper, fabric, or other lightweight material, with only such material for backing and is usually, though not required to be, displayed hanging from a pole, staff or halyard to which it is attached by one (1) edge or by certain points along one (1) edge and suspended so as to be actuated by wind currents. Flags include pennants and feather flags.

SIGN. Any device, except flags, and all parts thereof, including all supporting structures, and any applied or projected image, which is used: (1) to advertise businesses, products, goods, services, or otherwise promote the sale of objects or identify objects for sale; (2) to identify, to direct or to inform persons concerning businesses, areas, entities, services or dangers; or (3) to attract attention to the premises or other signs of a particular business or entity, including, but not limited to, flares, flashing lights, color changes, bunting, or other moving objects.

SECTION 4.

A new Section 11-13-20 “Flag regulations” is hereby added to Chapter 13 “Sign Regulations”, Title 11 “Zoning Regulations” to read as follows:
11-13-20 Flag regulations.

A. Purpose. Without adequate regulation, flags may endanger the public, distract drivers, create confusion, and foster a negative image of the City on the part of the public. An excessive number of flags can damage view corridors, diminish property values, and detrimentally effect the quality of life of City residents and visitors. The city also relies on the old-world Danish design theme to attract tourism and commerce. These regulations are intended to provide flag standards that advance the City’s interests in traffic safety, community aesthetics, and economic development.

B. Applicability.

1. This section includes the standards applicable for all flags in the City;

2. Sections 11-13-1 through 11-13-15, and 11-13-18 of the Solvang Municipal Code shall not apply to flags, as that term is defined in section 11-13-19;

3. This section shall apply to all property and land within the jurisdiction of the City of Solvang.

C. Permit Required. Except for flags stated in paragraph D of this Section, it is unlawful for any person, firm, or corporation to construct, erect, install, affix, alter, modify, relocate, display or allow a flag to exist on any property or land within the jurisdiction of the City of Solvang, without obtaining a permit for such flag in conformance with this section. 130
O 23-0372 Flags
D. Exemption. Flags meeting the following requirements are exempt from this chapter and do not require a flag permit:

1. Flags that meet the requirements of this chapter in Residential zones;

2. Flags approved as part of a special event;

3. Temporary flags approved as part of civic events for the duration of the civic event.

E. Prohibited Flags.

1. All pennant and feather flags.

2. Any flag with a structural shape that has an interior volume when articulated by the wind, including a device commonly known as a windsock and all similar such structural flags.

F. Application Requirements. Any person, firm or corporation desiring to construct, erect, install, affix, alter, modify, relocate, display, or allow to exist, a flag, other than flags exempt under Section 11-13-20.D, shall submit a flag permit application, supporting information, and submittal fee to the planning division.

1. The application form and list of required supporting information shall be provided by the planning division.

2. The application fee shall be set by resolution of the city council.

3. If an exception pursuant to Section 11-13-20.K to the flag standards is requested, the application shall include the reasons the exception is requested and, if a tenant of a property is the applicant, include a signed statement of consent to the exception by the owner of the property.

G. Application Processing.

1. The planning division staff shall review the flag permit application supporting information and determine completeness. Applications for flags may be submitted as part of an application for signs.

2. No flag application will be accepted if any of the following provisions apply:
i. The flag has been installed in violation of the provisions of this chapter and the application does not include an affidavit signed by the property owner providing that the flags will be brought into conformance regardless of the consequences of the submitted application.
ii. The flag permit application is substantially the same as an application previously denied by the planning manager, or the design review committee, or on appeal by the city council, unless: (i) Twelve (12) months have elapsed from the date of the decision on the application, or (ii) New evidence of proof of changed conditions is furnished in the new application.

H. Planning Manager Review. The planning manager shall take action to approve, conditionally approve or deny all applications for a flag permit. Notwithstanding the foregoing, the planning manager shall refer any flag application requesting an exception pursuant to Section 11-13-20.K to the design review committee. In lieu of denial of an application, the planning manager, in their discretion, may refer a sign application to the design review committee.

I. Design Review Committee Review.
131
O 23-0372 Flags

1. The Design Review Committee shall review and take action to approve, conditionally approve or deny all flag permit applications requesting an exception pursuant to Section 11-13-20.K.

2. The design review committee shall consider flag permit applications requesting an exception to the flag standards at a public meeting and provide notice of the time and place of the meeting to the applicant and the owner of the property, if not the applicant.

J. Standards for Flags and Required Findings. The planning manager shall approve a flag application if the planning manager finds the requested flags meet the following standards:

1. Number of Flags. When mounted with separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning manager, no more than two flags of any mounting method shall be allowed per building.

No more than two (2) in-ground flag poles may be erected per lot.

2. Maximum Size of Flags. The flag, or two flags collectively, permitted per building shall not exceed 40 square feet in size or the maximum square footage in size the planning manager determines is proportional to the size of the in-ground pole, building mounted bracket, or other mounting device proposed by the applicant such that the flag(s) will be safely affixed, whichever is smaller.

3. Mounting. Subject to the limitations in paragraph 1., flags may be mounted on in-ground flag poles, separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning manager.

4. Maximum Height.
i. In-ground flag poles shall not exceed 39 feet from the natural grade. ii. Brackets affixed to a building shall not protrude more than 4 feet laterally from building and shall be affixed to the building at a height such that no portion of the flag or mounting device shall extend higher than the roofline of the building. iii. Flags affixed to a building with some other mounting device acceptable to the planning manager shall be affixed at a height such that no portion of the flag or the mounting device extends higher than the building roofline.

5. Avoidance of Obstruction.
i. No portion of any flag shall block windows, doors or touch the ground. ii. Flags shall not obscure the view of existing permitted signs or flags. iii. Flags shall be mounted on buildings, either directly or on brackets, so as to provide a minimum of 7 feet of clearance between the bottom of the flag and any walkway or passageway.

6. Included in Maximum Sign Square Footage. Flags shall be included in and count toward the maximum square footage of signs allowed in Sections 11-13-8 and 11-13-9.

7. Lettering. Any lettering shall not exceed eight (8) inches height.

8. Illumination. Flags may be illuminated in compliance with Section 11-12-18 of the Code.

K. Exceptions to Flag Standards. Flags that do not meet the standards of this section may be permitted if the design review committee makes both of the following findings:
132
O 23-0372 Flags

1. The specific standard(s) of this section for which an exception is requested, cannot be met due to exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning, such as, but not limited to the presence of a legal, nonconforming use; visual obstructions; unusual building location or setback; or unusual building design, architectural style, or historic significance and all other applicable standards of this section are met.

2. The exception is content-neutral, based on objective criteria, consistent with the intent and purpose of the flag regulations and will not constitute a special privilege or entitlement inconsistent with the limitations applied to other properties in the vicinity with the same zoning.

L. Appeals. Appeals shall be in writing and filed with the planning division within ten (10) calendar days of the decision being appealed. The applicant or any interested person may appeal decisions concerning flag applications as follows:

1. Appeals to the Design Review Committee. A decision by the planning manager on a flag application may be appealed to the design review committee. A hearing shall be held by the design review committee within thirty (30) days of the date the appeal was filed.

2. Appeals to the City Council. Any decision on a flag application, whether an initial decision or on appeal from the planning manager, may be appealed to the city council pursuant to title 1, chapter 6 of this code.

3. Judicial Review. An action of the city council is subject to judicial review under California Code of Civil Procedure section 1094.8. Any such action must be commenced no later than ninety (90) days after notice of a city council decision.

M. Expiration. An approved flag application associated with a land use application shall expire after six (6) months from the date of approval if no land use approval has been issued. The planning manager may grant a six (6) month extension if the applicant is in substantial compliance with the approved application.

N. Noncurrent, abandoned or unsafe flags. Section 11-13-16 shall apply to all noncurrent, abandoned or unsafe flags.

O. Enforcement and penalties. Section 11-13-17 shall apply to all flags in the city. Any person, firm or corporation with existing flags erected, installed, affixed, displayed or otherwise existing on property shall come into compliance with this Section 90 days from the effective date of the ordinance.

SECTION 5.

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 6.

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.
133
O 23-0372 Flags
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 December 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 134
O 23-0372 Flags

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0372 was duly introduced at a regular meeting of the City Council held on the 27th day of November, 2023, and was duly adopted at a regular meeting of said City Council held on the 11th day of December, 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
135
PC R 23-12 Flags
RESOLUTION NO. 23-12

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOLVANG, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 11 OF THE

SOLVANG MUNICIPAL CODE TO ESTABLISH OBJECTIVE CONTENT-NEUTRAL STANDARDS

FOR FLAGS IN THE CITY AND MAKE A DETERMINATION OF EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the city has an a national and international reputation as a unique and distinctive Danish/Northern European village in California with a small town character that draws visitors to the area; and
WHEREAS, appropriate display of flags within the City maintains the City’s unique community identity; and
WHEREAS, the City currently regulates flags as signs under Chapter 13 “Sign Regulations” of Title 11 “Zoning Regulations”; and
WHEREAS, the City’s current sign regulations generally require signs, including flags, to obtain a sign permit prior to installation, subject to certain exemptions. Among the exempted signs are certain types of flags which are permitted in the City without a permit, including, but not limited to, official flags of a government, governmental agency, institution, religion, or other similar entity, as well as up to two flag poles not exceeding forty (40) feet in height and not attached to a building; and WHEREAS, the United States Constitution guarantees certain rights, including the right to free speech, which includes the right to display flags with varying messages; and WHEREAS, the Supreme Court has held that content-based regulation of non-commercial speech must serve a compelling government interest and be narrowly tailored to achieve that interest but that content-neutral regulations are not required to meet such a high standard; and WHEREAS, the Design Review Committee is tasked with developing aesthetic standards and requirements for properties in the tourist related district and for making decisions on sign application in the city; and
WHEREAS, the Design Review Committee reviewed the current sign regulations as they apply to flags in the city and proposed certain amendments to establish objective content-neutral flag regulations that maintain the City’s unique community identity; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2023, at which time it heard public input and considered the drafted amendments to the City’s sign regulations, and recommended the City Council approve the amendments with an additional recommendation to only allow two flag poles per lot and two building mounted flags per building; and WHEREAS, the Planning Commission finds after due study, deliberation, and public hearing that the following circumstances exist:
 the Planning Commission determines that the proposed amendments are in the interests of the general community welfare;
 the Planning Commission determines that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; and DocuSign Envelope ID: D7BD27F7-9FDD-481A-A2F6-5B8022F45844 136
PC R 23-12 Flags
 the Planning Commission determines that the proposed amendments are consistent with good zoning and planning practices; and
 the Planning Commission determines that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment and are therefore not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

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

SECTION 1. The Recitals set forth above are true and correct and are adopted as findings in support of this Resolution.

SECTION 2. The Planning Commission of the City of Solvang hereby recommends the City Council adopt an ordinance amending Title 11 of the Solvang Municipal Code to establish objective contentneutral standards for flags in the City, attached hereto as Exhibit “A”, and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA).

SECTION 3. This Resolution is 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 this 6th day of November, 2023. _________________________________
Jack Williams, Chair
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Chelsea O’Sullivan, Assistant City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: D7BD27F7-9FDD-481A-A2F6-5B8022F45844 137
PC R 23-12 Flags

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. 23-12 was passed and adopted by the Planning Commission of the City of Solvang at a regular meeting of said Planning Commission held on the 6th day of November, 2023, and thereafter signed and approved by the Chair and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES: ADLER, GOLD, JAMIESON, PETERSEN, WILLIAMS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Annamarie Porter, City Clerk
DocuSign Envelope ID: D7BD27F7-9FDD-481A-A2F6-5B8022F45844 138

CITY COUNCIL STAFF REPORT
Agenda Item: 5.c
Meeting Date: November 27, 2023
SUBJECT: Public Hearing to Consider Introduction for first reading Ordinance No. 23- 0373 amending various sections in Titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 of the Solvang Municipal Code to address references to fees and fines and general penalty and administrative citation provisions and make a finding that the ordinance is exempt from California Environmental Quality Act (CEQA) requirements per Section 15061 of the CEQA guidelines.

PREPARED BY: Dave Fleishman, City Attorney
Chelsea O’Sullivan, Assistant City Attorney
Brandi Robinson, Associate, Richards Watson & Gershon
DISCUSSION:

Staff recommends the City Council, after a public hearing, introduce for first reading Ordinance No. 23- 0373.

Ordinance 23-0373, if adopted, would amend the Solvang Municipal Code (“Code”) to (1) remove specific amounts of fees and fines and instead state that fines and fees are in amounts set by resolution of city council; (2) change the general penalty provisions that state specific maximum penalties to instead state that penalties must be set by resolution of city council and may not exceed limits set forth in applicable sections of state law; (3) clarify that administrative remedies are available in addition to criminal penalties for violations of the Code; and (4) amend certain references to “civil” penalties to refer more accurately to “administrative” penalties. Each of these categories of amendments is explained in further detail below.
(1) Change fees and fines in specific amounts such that amounts are instead set by resolution of city council
The proposed ordinance, if adopted, would change fees and fines listed throughout the code in specific dollar amounts to no longer provide for such amounts and instead provide that the amounts of the fee or fine will be set by resolution of city council. This change will make it simpler for the City to periodically update amounts of fees and fines because the City will be able to do so by means of adopting a resolution, instead of the more complicated process of amending an ordinance. (2) Change the general penalty provisions that state specific maximum penalties to instead state that penalties must be set by resolution of city council and must not exceed limits set forth in applicable sections of state law
The proposed ordinance amends Code section 1-3-2, setting forth general criminal penalties for infractions, and section 1-3-3, setting forth general criminal penalties for misdemeanors to omit the specific maximum amounts for fines and duration of imprisonment and instead state that the penalties for infractions and misdemeanors are to be established by city council and that such penalties may not exceed the limits set forth in state law (Cal. Gov. Code sections 36900 and 36901).

The proposed ordinance also amends section 6-5A-4, which currently provides that the amounts of fines for administrative citations is to be set by resolution, to add language clarifying the already 139
applicable limitations on fines, specifically that the fines shall not exceed the amounts authorized by Government Code section 53069.4. That section provides that where a violation would otherwise be an infraction, the administrative fine amount must not exceed the maximum fine or penalty amounts set forth for infractions in subdivision (b) of Government Code section 36900. Note that the Solvang Municipal Code Section 1-3-2 currently provides that a violation of the code is an infraction unless otherwise provided. This means the amount of an administrative penalty for violations of most code provisions is limited to the fine amount the City could impose for an infraction. City Council could consider amending the code in the future to instead default to misdemeanors unless otherwise stated, in which would make the limitation on administrative penalties under Government Code section 53069.4 apply to fewer provisions.

These proposed amendments make it simpler for the City to periodically update misdemeanor and infraction penalties because it will be able to do so by adoption of a resolution instead of the more complicated process of amending an ordinance. The amendments also clarify that the maximum amounts of fines and jail time that may be set by resolution must not exceed the limits set forth in state law.
(3) Clarify that administrative remedies are available in addition to criminal penalties for violations of the Code
The proposed ordinance amends section 1-3-1, regarding violation of or noncompliance with the code generally, to clarify that in addition to the criminal remedies set forth in sections 1-3-2 and 1-3-3, the City may pursue all available remedies or penalties, including administrative remedies available pursuant to title 6, chapter 5, article A of the Solvang Municipal Code.

The proposed ordinance also amends title 11, Zoning Regulations (specifically sections 11-13-7 and 11-17-7), to make clear that administrative remedies are available for violations of the zoning regulations in addition to criminal remedies.
(4) Amend certain references to “civil” penalties to refer more accurately to “administrative” penalties.

The proposed ordinance amends references to “civil” penalties in title 6, chapter 6 (specifically sections 6-6-4, 6-6-5, 6-6-6, 6-6-7, and 6-6-8) to refer more accurately to “administrative” penalties. This amendment makes clear that the City may pursue administrative penalties for violations of title 6, chapter 6. As made clear in section 6-6-8 as amended, the administrative penalties are cumulative and the amendment does not eliminate the City’s ability to additionally pursue civil penalties in court.

ALTERNATIVES:

1. Modify Ordinance 23-0373

2. Provide further direction to staff.

FISCAL IMPACT:

Adoption of the Ordinance may result in minor administrative costs for codification, but such costs are expected to be within existing budgetary limits.

ATTACHMENTS:

A - Ordinance 23-0373
140
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations ORDINANCE NO. 23-0373

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING VARIOUS SECTIONS IN TITLES 1, 3, 4, 5, 6, 8, 9, 11, AND 12 OF THE SOLVANG MUNICIPAL

CODE TO ADDRESS REFERENCES TO FEES AND FINES AND GENERAL PENALTY AND

ADMINISTRATIVE CITATION PROVISIONS
WHEREAS, the Solvang Municipal Code (“Code”) currently provides for fees and fines in specific amounts throughout the Code and establishes a specific maximum amount of fines for general penalties in Title 1;
WHEREAS, the City wishes to amend the Code to provide that fines and fees throughout the Code and the maximum amounts of criminal penalties set forth in Title 1 are established by resolution of City Council to enable the City to update these amounts through resolution instead of the more complicated process of amending an ordinance;
WHEREAS, Title 6 provides that administrative penalties are to be set by resolution of the City Council without clearly referencing applicable limits to such penalties in state law and provides for civil penalties for violations of that Title;
WHEREAS, the City wishes to amend Title 6 to clarify that administrative citations set forth by resolution may not exceed the limits set forth in state law and to provide for more accurately termed “administrative remedies” instead of “civil penalties” for violations; WHEREAS, the City wishes to amend Title 11 to update and clarify its enforcement and penalty provisions to reflect the availability of administrative penalties in addition to criminal penalties for violations of that Title;
WHEREAS, on November 6, 2023 the Planning Commission determined that the proposed amendments to Title 11 are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; are in the interests of the general community welfare; are consistent with good zoning and planning practices; and exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); WHEREAS, on November 6, 2023 the Planning Commission at a duly noticed public hearing adopted Resolution 23-13 recommending the City Council adopt the proposed amendments to Title 11 to update and clarify enforcement and penalty provisions and make a determination of exemption under CEQA; and make a determination of exemption under CEQA; and WHEREAS, the City Council finds it necessary to amend the Code to update and clarify fees and fines, general penalty and administrative citation provisions, and references to penalties.

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

SECTION 1. Section 1-3-1 “Violation or noncompliance---General Penalty”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:

It is unlawful for any person to violate any provision of, or to fail to comply with, any requirements of this code. Any person violating the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of an infraction or misdemeanor.

All violations may be prosecuted by city authorities in the name of the people of the state, or redressed by civil action. Where such violations are specified by this code to be a misdemeanor the city attorney may nevertheless elect to have the violation prosecuted as an infraction. 141
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state including administrative remedies available pursuant to title 6, chapter 5, article A of this code.

SECTION 2. Subsection B of Section 1-3-2 “Infractions”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:

B. Penalty. For those provisions of this code which are infractions, it is unlawful for any person to violate any mandatory provisions of or fail to comply with such provision. Any persons violating such sections shall be prosecuted as an infraction. Any infraction may be prosecuted by the city authorities in the name of the people of the state. Any person convicted of an infraction under this code shall be subject to payment of a fine set forth in the schedule of fines established by resolution of city council, not to exceed the limits set forth in California Government Code section 36900.

SECTION 3. Subsection B of Section 1-3-3 “Misdemeanors”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:

B. Penalty. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine set forth in the schedule of fines established by resolution of city council or by imprisonment in the County Jail, or both, not to exceed the limits set forth in California Government Code Section 36901.

SECTION 4. Section 3-2-6 “Records maintained”, Chapter 2 “Transient Occupancy Tax”, Title 3 “Municipal Taxes” is hereby amended to read as follows:

It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of four (4) years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of any payment to the city, which records the finance department shall have the right to inspect at all reasonable times.

All records which may be necessary to inspect shall be kept within the city or shall be produced within ten (10) working days of written notice at the business location within the city.

In the event that records are not produced upon request, or such records are not reasonably able to be audited; tax, interest and penalties will be levied based upon the average room rate and occupancies for similar properties within the city during the audit period. Further and without limitation, any operator who does not produce records following written notice as set forth shall pay a daily penalty, in addition to any tax, penalty or interest, in an amount established by resolution of city council, not to exceed the amounts authorized in section 6-5A-4 of this code (incorporating by reference Government Code Section 53069.4 and Section 36900), for each business day the records are not produced for audit.

SECTION 5. Subsection A of Section 4-3-3 “License required”, Chapter 3 “Handgun Sales”, Title 4 “Business Regulations” is hereby amended to read as follows:

A. Application for License—Fee. An application for a license required by this chapter shall be made on a form obtainable from the city manager and prescribed by the attorney general of the state. An application must be accompanied by an application fee in an amount established by resolution of city council. This fee is not refundable in the event a license required by this chapter is denied. The license application as well as the application fee shall be submitted to the city manager.

SECTION 6. Subsection B of Section 4-3-3 “License required”, Chapter 3 “Handgun Sales”, Title 4 “Business Regulations” is hereby amended to read as follows:
142
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations B. Term and Renewal; Fee. Any license granted pursuant to this chapter shall have a term of one (1) year. A license may be renewed annually upon submission of an application, and an application fee in an amount established by resolution of city council, at least thirty (30) days prior to the date the license is to expire.

SECTION 7. Subsection C of Section 4-7-4 “Permit required”, Chapter 7 “Pedicycle Rentals”, Title 4 “Business Regulations” is hereby amended to read as follows:

C. Permit Fee. The permit fee for this chapter shall be established by resolution of city council and shall be sufficient to defray the full cost of processing permit applications, issuing permits and enforcing the terms of this chapter. The fee imposed by this chapter is in addition to any other fees or taxes imposed by this code or by any other law.

SECTION 8. Subsection F of Section 4-7-4 “Permit required”, Chapter 7 “Pedicycle Rentals”, Title 4 “Business Regulations” is hereby amended to read as follows:

F. Revocation. The city manager shall revoke a pedicycle rental permit if the permit holder has failed to maintain the insurance policy required in subsection (B)(2)(b) of this section, and the revocation shall take effect immediately. A permit revoked by the city manager shall be reinstated for its remaining term upon the permittee’s submission to the city manager of a copy of an insurance policy or certificate of insurance complying with the requirements of subsection (B)(2)(b) of this section and the payment of a permit reinstatement fee in an amount established by resolution of city council.

SECTION 9. Section 4-9-9 “Fee”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:

Each application for a certificate shall be accompanied by a fee in an amount established by resolution of city council.

SECTION 10. Section 4-9-16 “Penalties for failure to apply for a certificate or for not having a current certificate”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:

Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to expiration of the certificate shall be assessed a penalty fee in an amount to be established by resolution of city council.

SECTION 11. Section 4-9-17 “Penalty for violation”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:

If a person fails to file for a certificate as herein provided within sixty (60) calendar days after being informed to do so, or fails to pay the fee noted in section 4-9-9 of this chapter, or violates any of the other provisions of this chapter, or knowingly or intentionally misrepresents any material facts to any officer or employee of the city in procuring the certificate herein provided, or continues to operate a business after the business registration certificate has been revoked, the person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable pursuant to section 1-3-3 of this code.

SECTION 12. Subsection B of Section 4-11-10 “Customer service and protection”, Chapter 11 “Video Service Providers”, Title 4 “Business Regulations” is hereby amended to read as follows:
143
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations B. The cable coordinator shall monitor the compliance of state franchisees with respect to the state and federal customer service and consumer protection standards set forth in subsection A of this section. The cable coordinator will provide a state franchisee with written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee thirty (30) days from the receipt of the notice to remedy the specified material breach.

Material breaches not remedied within the thirty (30) day time period will be subject to fines established by resolution of city council, not to exceed the limits set forth in California Government Code Section 53088.2, subsection (r) and Penal Code Section 637.5.

SECTION 13. Paragraph 4 of Subsection B of Section 5-2-15 “Enforcement”, Chapter 2 “Trash and Disposal Maintenance”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

4. Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Title 6, Chapter 5, Article A of this code.

SECTION 14. Subsection C of Section 5-2-15 “Enforcement”, Chapter 2 “Trash and Disposal Maintenance”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

C. Penalty Amounts for Types of Violations. The penalty levels for notice of violations issued pursuant to this chapter shall be set by resolution of city council, not to exceed the limits set forth in Government Code Section 53069.4 and 36900 and consistent with the base penalty amounts specified in Title 14 California Code of Regulations Section 18997.2(a).

SECTION 15. Subsection A of Section 5-4-14 “Penalties”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

A. Failure to comply with this chapter is a misdemeanor punishable in accordance with section 1-3-3 of this code, provided that where the city attorney determines that such action would be in the interest of justice, he or she may specify in the accusatory pleading that the offense is an infraction.

SECTION 16. Subsection B C of Section 5-4-3-30 “Violations”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

B. Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable pursuant to section 1-3-3 of this code.

SECTION 17. Subsection C of Section 5-4-3-30 “Violations”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

C. In lieu of issuing a misdemeanor citation, the city may issue an administrative citation, and/or assess an administrative fine pursuant to title 6, chapter 5, article A of this code , in an amount not to exceed the amounts authorized by section 6-5A-4, for each violation of this chapter.

SECTION 18. Section 6-1-4 “Penalty”, Chapter 1 “Animal Control”, Title 6 “Police Regulations” is hereby amended to read as follows:

Any person who violates the provisions of this chapter is guilty of an infraction, which shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code. Further, when complaints are received, the animal control officers of the county shall have the duty to investigate and enforce the provisions of this chapter. The provisions of this chapter may also be enforced by any peace officer having the jurisdictional authority to do so. 144
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations SECTION 19. Subsection B of Section 6-2-7 “Noise”, Chapter 2 “General Offenses”, Title 6 “Police Regulations” is hereby amended to read as follows:

B. Any person, partnership, firm, or corporation whether as principal, agent, employee or otherwise who shall violate any provision of this section is guilty of an infraction, and upon conviction thereof, shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code.

SECTION 20. Subsection G of Section 6-2-8 “Business adjacent to residential areas---Hours of operation”, Chapter 2 “General Offenses”, Title 6 “Police Regulations” is hereby amended to read as follows:

G. Any person, partnership, firm, or corporation whether as principal, agent, employee or otherwise who shall violate any provision of this section is guilty of an infraction, and upon conviction thereof, shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code.

SECTION 21. Section 6-3-6 “Violations---Penalty”, Chapter 3 “Curfew”, Title 6 “Police Regulations” is hereby amended to read as follows:

A. Minors. Any minor violating section 6-3-3 of this chapter is guilty of an infraction punishable in accordance with section 1-3-2 of this code. Notwithstanding any other provision of this code, when a minor is charged with a violation of this chapter, and a peace officer issues a notice to appear, the charge shall be deemed an infraction unless another disposition is elected under Welfare and Institutions Code section 601 or 602 or any other applicable state laws.

B. Parents. Any parent or guardian violating section 6-3-4 of this chapter is guilty of an infraction punishable in accordance with section 1-3-2 of this code.

SECTION 22. Subsection C of Section 6-4-7 “Violations and penalties”, Chapter 4 “Tobacco Control”, Title 6 “Police Regulations” is hereby amended to read as follows:

C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by a fine established in an amount pursuant to section 1-3-2 of this code.

SECTION 23. Subsection A of Section 6-5A-4 “Amount of Fines”, Article A “Administrative Citations”, Chapter 5 “Administrative Remedies Process”, Title 6 “Police Regulations” is hereby amended to read as follows:

A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the city council and shall not exceed the amounts authorized by Gov. Code Section 53069.4.

SECTION 24. Section 6-6-4 “Violation and penalty”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

A. Violation. Any person(s) who knowingly permits, allows, or hosts a party, gathering, or event at their place of residence (or other private property under that person’s control) where alcoholic beverages are in the possession of, or are being consumed by, any minor on such premises, or fails to take reasonable corrective actions upon learning of the possession or consumption of alcoholic beverages by any minor on such premises shall be in violation of this Chapter.

B. Administrative Penalty. Any person in violation of this chapter shall be liable and responsible for, and shall pay to the city, administrative penalties specified by resolution of City Council, set by 145
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations resolution of city council, not to exceed the limits set forth in Government Code Section 53069.4 and 36900.

SECTION 25. Subsection A of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

A. Any person who violates subsection 6-6-4(A) of this chapter shall be subject to the administrative penalties provided for in subsection 6-6-4(B) of this chapter and shall also be subject to the administrative appeal procedures set forth below.

SECTION 26. Subsection B of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

B. Any person upon whom an administrative penalty is imposed pursuant to subsection 6-6-4(B) of this chapter may appeal such administrative penalty pursuant to the procedures set forth in this section.

The appellant must file a written appeal with the city within ten (10) working days of service of the violation notice or any other date of mailing of a notice of determination of the administrative penalty.

The written appeal shall contain:

1. A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the administrative penalty;

2. A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted.

SECTION 27. Subsection C of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

C. An appeal of an administrative penalty imposed for violations of subsection 6-6-4(A) of this chapter shall be heard by a person appointed by the city to act as the hearing examiner. The administrative penalty appeal hearing shall be set no sooner than twenty (20) days and no later than forty-five (45) days following a request for an appeal hearing. Notice of the appeal hearing shall be mailed at least twelve (12) calendar days before the date set for the hearing. Failure to appear timely will cause the administrative penalty to become a final order or decision.

SECTION 28. Section 6-6-6 “Enforcement and collection of administrative fine”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

When an administrative penalty becomes a final order under section 6-6-5 of this chapter or Government Code section 53069.4, the city may proceed to collect the penalty as set forth in title 6, chapter 5 of this code.

SECTION 29. Section 6-6-7 “Judicial review”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

Any person aggrieved by a final administrative order or decision imposing an administrative penalty may seek review with the superior court in Santa Barbara County pursuant to Government Code section 53069.4.

SECTION 30. Section 6-6-8 “Remedies cumulative--Actions--Relationship to other laws”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:
146
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations The remedy provided under this chapter is cumulative, and shall not restrict the city to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law or this code or civil penalty. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or to prohibit any conduct authorized by the state or federal constitution.

SECTION 31. Subsection B of Section 8-2-4 “Fees and charges”, Chapter 2 “Street Construction and Excavations”, Title 8 “Public Ways and Property” is hereby amended to read as follows:

B. Restoration Costs for Bonds. Restoration costs for bonds shall be established by resolution of city council.

SECTION 32. Subsection E of Section 8-2-4 “Fees and charges”, Chapter 2 “Street Construction and Excavations”, Title 8 “Public Ways and Property” is hereby amended to read as follows:

E. Collection. All unpaid fees and charges made under this chapter may be deducted from cash deposits (where deposits are required) and the balance, if any, returned to permittee, except in the case of continuing cash deposits, upon completion of the work permitted under this chapter and approval thereof by the city engineer; provided, however, that where the deposit required under subsection B of this section exceeds an amount determined by resolution of city cou ncil, one-third (1/3) of the cash deposit for replacement charges shall be retained for twelve (12) months after completion of the work. In all cases where cash deposits are not made, all unpaid fees and charges shall be billed to the permittee.

SECTION 33. Section 8-8-10 “Appeals”, Chapter 8 “Trees”, Title 8 “Public Ways and Property” is hereby amended to read as follows:

Any interested person may appeal in writing to the city council’s appointed appeals commission, or, in its absence, the city council itself, from any action taken, pursuant to this chapter. Thereafter, any interested person may appeal in writing to the city council from any action taken by the appeals commission on the appeal. The appeal must be filed in accordance with title 1, chapter 6, “Appeal Procedures,” of this code or any successor sections. The appeal fee shall be established by resolution of city council.

SECTION 34. Subsection C of Section 9-2C-3 “Interceptors required”, Article C “Use of Public Sewers”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:

C. All restaurants and commercial establishments where food may be prepared shall be required to have and use tallow cans to dispose of all cooking oils and grease. The owner shall allow the city inspector access to verify that tallow cans are being properly used. If an owner is not in compliance with this chapter, the following shall apply:

1. First Infraction. The business owner will receive a written warning, with seven (7) days to comply.

If non-compliance continues after the seven (7) days, the city of Solvang may assess a fine in an amount established pursuant to section 1-3-2 of this code.

2. Second Infraction. If not in compliance after an additional seven (7) days, the city of Solvang may assess an additional weekly fine in an amount established pursuant to section 1-3-2 of this code each week until the owner is in compliance.

SECTION 35. Subsection B of Section 9-2C-4 “Pretreatment of wastes”, Article C “Use of Public Sewers”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:
147
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations B. Maintenance. Where pretreatment facilities are provided for any waters or wastes, they shall be continuously maintained in satisfactory and effective operation by the owner at his or her expense.

Pretreatment facilities shall be maintained by licensed operators if required by the state of California for that type of treatment process. Pretreatment facilities shall be maintained in accordance with an appropriate schedule. All owners of any building equipped with a pretreatment facility shall submit to the city inspector a maintenance schedule by January 31st of each year. The city will review each maintenance schedule to verify that maintenance will be sufficient to keep the pretreatment facility properly functioning. A log of all maintenance shall be kept by the owner and shall be available for inspection by the city inspector. The owner shall allow the city inspector access to verify that the pretreatment facility is functioning properly and being adequately maintained. If an owner is not in compliance with this chapter, the following shall apply:

1. First Infraction. The business owner will receive a written warning, with seven (7) days to comply.

If non-compliance continues after the seven (7) days, the city of Solvang may assess a fine in an amount established pursuant to section 1-3-2 of this code.

SECTION 36. Paragraph 5 of Subsection C of Section 9-2C-9 “Water softening and conditioning equipment”, Article C “Use of Public Sewers”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:

5. Violation Penalty. All violations of this subsection C shall be infractions. It is unlawful for any person to violate any mandatory provisions of or fail to comply with provisions of this subsection C. Any persons violating such subsections shall be prosecuted as an infraction. Any infraction may be prosecuted by the city authorities in the name of the people of the state or redressed by civil action.

Every violation determined to be an infraction is punishable by a fine in an amount established pursuant to section 1-3-2 of this code.

SECTION 37. Subsection A of Section 9-2D-6 “Fees and bonds”, Article D “Permits and Permit Fees”, Chapter 2 “Sewer Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:

A. Fees. A connection charge, as fixed by section 9-2E-1 of this chapter shall be paid to the city by the person desiring connection to the city’s sewer system.

1. A fee in an amount established by resolution of city council shall be paid to the city for issuing a permit to connect to a public sewer and inspecting each sewer installation.

2. A fee in an amount established by resolution of city council shall be paid for issuing a permit to install a lateral and connect to a public sewer.

SECTION 38. Subsection B of Section 9-3B-10 “Temporary service”, Article B “Water Use Regulations”, Chapter 3 “Water Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:

B. Deposit and Rates. The applicant shall deposit, in advance, an amount determined by resolution of city council for each inch or fraction thereof of temporary service desired. Upon discontinuance of service, the actual cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material, shall be determined and an adjustment made as an 148
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations additional charge, refund or credit. The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit.

SECTION 39. Paragraph 1 of Subsection D of Section 9-3C-1 “Meters”, Article C “Water Rates and Charges”, Chapter 3 “Water Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:

1. Tests—Deposit. All meters will be factory tested prior to installation and no meter will be installed which registers more than two percent (2%) fast. If a customer desires to have the meter serving his or her premises tested, the customer shall first deposit with the city a test fee in an amount established by resolution of city council. Should the meter register more than two percent (2%) fast, the fee will be refunded; but should the meter register less than two percent (2%) fast, the test fee will be retained by the city.

SECTION 40. Subsection C of Section 9-3C-5 “Discontinuing service”, Article C “Water Rates and Charges”, Chapter 3 “Water Code”, Title 9 “Water and Sewer” is hereby amended to read as follows:

C. Disconnection Charge. A disconnection charge in an amount established by resolution of city council plus applicable penalties shall be imposed and collected prior to renewal of water service following discontinuance of service for nonpayment of city fees and charges. The disconnection charge shall be assessed as soon as city personnel leave the city offices to initiate a disconnection of service.

A charge, in an amount to be determined by resolution of the city council, shall be imposed for checks returned by the bank for any reason; however, an additional disconnection charge, in an amount to be determined by resolution of city council, will be imposed for returned checks given to avoid discontinuance of service, with service again discontinued pending payment of all outstanding charges.

Following payment of all fees and charges, reconnection will normally take place on the next business day reasonably possible for city staff. Any customer desiring reconnection outside of normal business hours (eight (8:00) a.m. to four (4:00) p.m. Monday through Friday except holidays) may receive the reconnection subject to the discretion of the city and subject to paying the after-hours disconnection fee, in an amount to be determined by resolution of city council, and the delinquent utility account balance in cash to the water department personnel. Exact amount only, no change will be made.

Overpayments will appear as a credit on the utility account. Disconnection charges and related fees shall be paid in the form of cash or its equivalent.

SECTION 41. Subsection A of Section 9-4-6 “Backflow prevention assembly testing”, Chapter 4 “Cross Connection Program”, Title 9 “Water and Sewer” is hereby amended to read as follows:

A. The city will establish and maintain a list of approved backflow prevention assemblies and an approved certified testers list. The city shall conduct necessary surveys of water user premises to evaluate the degree of potential health hazards. The city shall notify the water user when their assembly needs to be tested. A notice to test will be sent by mail and will have the date the test shall be completed. The water user shall supply proof to the city by such date that the assembly has passed the test. If the test is not completed and proof supplied to the city by the date on the notice to test a final notice will be sent. If the test is not completed and proof supplied to the city within the time set forth in the final notice, then a noncompliance notice will be sent. If the backflow prevention assembly has not been tested and proof of compliance has not been supplied to the city by the date set forth on the noncompliance notice, water service will be terminated on such date unless the user has filed a written request for a hearing on the matter prior to the date set forth on the noncompliance notice. The hearing will be held within ten (10) days of the written request. If it is determined that the water user’s water service is a threat to the city’s water system because of the backflow prevention assembly, or lack thereof, then the hearing officer shall order the water service terminated. A failure to appear at the hearing will result in termination of the water service. A reconnect fee in an amount established by resolution of city council will be charged before the service will be reconnected. The water supply to the 149
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations address will be discontinued until the backflow prevention assembly is tested and certified as functioning properly.

SECTION 42. Subsection F of Section 11-12-9 “Temporary tract offices in subdivisions”, Chapter 12 “Supplemental Regulations”, Title 11 “Zoning regulations” is hereby amended to read as follows:

F. The applicant shall deposit a fee in an amount established by resolution of city council to assure removal of an office in a separate building after expiration of the permit or any extension thereof. The applicant shall obtain and furnish to the city written permission from the then landowner and all subsequent landowners for the city and its agents to enter upon the land where said office is located to accomplish removal, if the applicant fails to remove the office within thirty (30) days after expiration of the permit or any extension thereof, or after notification from the planning manager if at any time it is determined that the office is unsightly or has become a public or private nuisance.

SECTION 43. Paragraph 2 of Subsection F of Section 11-12-30 “Short-term/vacation rental regulations”, Chapter 12 “Supplemental Regulations”, Title 11 “Zoning regulations” is hereby amended to read as follows:

2. In addition to, or in lieu of criminal sanctions set forth in subsection (F)(1) of this section, administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection (F)(2).
a. The planning manager shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the planning manager shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the planning manager constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing before the city manager. The penalties for violations of this section shall be as follows:
i. Administrative penalty amounts shall be established by resolution of city council and shall not exceed the amounts authorized by Government Code section 53069.4 and Government Code section 36900(d).
ii. In addition to administrative penalties, the planning manager may suspend or revoke the permit as follows: For the first violation within any twelve (12) month period, suspension of the permit for a period not to exceed three (3) months. For a second violation within any twelve (12) month period, suspension of the permit for a period not to exceed six (6) months. For a third violation within any twelve (12) month period, suspension of the permit for a period not to exceed one (1) year. b. If the owner requests a hearing within the time specified in subsection (F)(2)(a) of this section, the city clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days of receipt of request for a hearing. The city manager may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the city manager. The city manager shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The city manager shall render a decision within thirty (30) days of the hearing and the decision shall be final.
150
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations SECTION 44. Subsection B of Section 11-13-7 “Enforcement and penalties”, Chapter 13 “Sign Regulations”, Title 11 “Zoning regulations” is hereby amended to read as follows:

B. Penalties. Any person who violates the provisions of this chapter shall be subject to the penalties described in title 1, chapter 3 of this code or an administrative citation as described in title 6, chapter 5, article A of this code.

SECTION 45. Section 11-17-7 “Enforcement and penalties”, Chapter 17 “Administration and Enforcement”, Title 11 “Zoning regulations” is hereby amended to read as follows:

A. Applicability. The provisions of this section shall apply entirely to this title.

B. Investigation. The planning manager, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this title. If a violation is determined to exist or to be impending, the planning manager is hereby authorized to take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this title.

1. Planning Manager Defined. As used in this section, the term planning manager refers to the planning manager and also to any person employed by the city or any person employed by the person, firm or entity to do planning and zoning for the city who is authorized by the planning manager to act on his or her behalf.

2. Cooperation of Other Officials. The planning manager may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of their duties.

3. Right of Entry and Inspection. The planning manager may enter at all reasonable times any building, structure or premises in the city for the purpose of carrying out any act necessary to perform any duty imposed by this title. Upon request the planning manager shall provide adequate identification.

Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.

4. Liability. The planning manager or any other person charged with the enforcement of this title, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the planning manager, or his or her agents or employees, because of such act or omission performed in the enforcement of any provision of this title shall be defended by the city attorney.

C. Work Stoppage. Where any building construction work is being done contrary to the provisions of this title, the planning manager may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees or servants, shall forthwith stop such work until such time as recommencement is authorized by the planning manager.

D. Tax Bill Collection. In the event any fees assessed in connection with the processing or approval of development of any property pursuant to this title remain unpaid at the time specified for fixing the tax rate of the city, the amount due for such fees may be added to and become a part of the annual taxes levied against the land, provided: (1) the property is owned, controlled or was in possession of the same person who owned, controlled or was in possession of it during the time such fees were imposed; or (2) the only transfer made of the property since the date such fees were imposed have been transfers by gift, descent or devise. Such fees so added shall constitute a lien on the property. If 151
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations the taxes are divided and made payable in two (2) installments, the unpaid fees shall be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the authorities the amount of such fees to be levied against the land, and such fees shall be included in the tax bill.

E. Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this title or any rule, regulation, order or permit issued hereunder, shall be subject to an administrative citation and penalties pursuant to title 6, chapter 5, article A of this code.

F. Referral for Legal Action. If unable to otherwise enforce the terms of this title, the planning manager shall refer the matter to the city attorney for appropriate legal action.

G. Legal Actions.

1. Civil Actions.
a. Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any lands, buildings or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance. b. Injunctive Relief. Whenever, in the judgment of the planning manager, any person has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this title or any rule, regulation, order, or permit issued thereunder, and at the request of the planning manager, the city attorney may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the planning division that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted. c. Abatement. In the event that any person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the planning manager may request the city attorney to apply to the superior court of this county for an order authorizing the city manager, city manager’s designee, or planning manager to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.

2. Civil Remedies and Penalties.
a. Civil Penalties. Any person, whether acting as principal, agent, employee or otherwise, who wilfully violates the provisions of this title or any rule, regulation, order or permit issued hereunder, shall be liable for a civil penalty for each day that the violation continues to exist. b. Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this title or the rules, regulations, orders or permits issued hereunder, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct and proximate result of such violations.
c. Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.
152
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations

3. Criminal Actions and Penalties.
a. Infractions. Any person, whether as a principal, agent, employee or otherwise, violating any provisions of this title, or the rules, regulations, orders or permits issued hereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in section 1-3-2 of this code. b. Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of two (2) or more violations of any of the provisions of this title within the twelve (12) month period immediately preceding the commission of the offense or has been convicted of three (3) or more violations of any of the provisions of this title within the twenty-four (24) month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be in accordance with section 1- 3-3 of this code.
c. Violations. Each and every day during any portion of which any violation of this title or the rules, regulations, orders or permits issued hereunder, is committed, continued or permitted by such person shall be deemed a separate and distinct offense.

H. Cumulative Remedies and Penalties. The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state.

SECTION 46. Subsection D of Section 12-8-5 “Flood control”, Chapter 8 “Administration and Enforcement”, Title 12 “Subdivision Regulations” is hereby amended to read as follows:

D. Fees When Drainage Element Adopted. In any area of the city where the drainage element of the city’s general plan has been adopted and a fee ordinance under the provisions of the Subdivision Map Act has been enacted and is in force, no building permit shall be issued for the original construction of a residence, commercial, industrial, school, church, shopping center or other building or structure, or development unless and until a fee has been paid to the city in accordance with a schedule of rates established by resolution of city council.

SECTION 47. 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) 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 48. 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 49. This ordinance shall become effective 30 days after its adoption.

SECTION 50. 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.
153
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations PASSED, APPROVED, AND ADOPTED on this 11th day of December 2023. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk 154
23-0367 Sections in muni code titles 1, 3, 4, 5, 6, 8, 9, 11, and 12 Administrative Citations

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 23-0367 was duly introduced at a regular meeting of the City Council held on the 27th day of November, 2023, and was duly adopted at a regular meeting of said City Council held on the 11th day of December, 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
155
PC Reso 23-13 Administrative fees penalties Code amend
RESOLUTION NO. 23-13

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOLVANG, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 11 OF THE

SOLVANG MUNICIPAL CODE TO UPDATE AND CLARIFY ENFORCEMENT AND PENALTY PROVISIONS IN ORDINANCE AMENDING VARIOUS SECTIONS IN TITLES 1,3,4,5,6,8,9,11 AND 12 OF THE SOLVANG MUNICIPAL CODE TO ADDRESS REFERENCES TO FEES AND FINES

AND GENERAL PENALTY AND ADMINISTRATIVE CITATION PROVISIONS WHEREAS, The Planning Commission is required under Solvang Municipal Code Section 11- 17-3 to provide recommendations to the City Council regarding amendments to Title 11 as the City’s zoning code.

WHEREAS, Section 11-12-9 of the Solvang Municipal Code (“Code”) establishes a fee in a specific amount related to temporary tract offices in subdivisions; Section 11-12-30, regarding enforcement and penalties for violations of short-term/vacation rental regulations, establishes a fine in a specific amount; and Section 11-17-7, regarding enforcement and penalties for violations of zoning regulations generally, sets forth fines as well as maximum duration of imprisonment for misdemeanors in specific amounts;
WHEREAS, the City wishes to provide that the fee in Section 11-12-9 and fines and penalties in Sections 11-12-30 and Section 11-17-7 are no longer listed in specific amounts in the Code and instead provide that they are established by resolution of City Council, subject to the limitations of state law, for the purpose of enabling the City to update these amounts through resolution instead of the more complicated process of amending an ordinance;
WHEREAS, Section 11-13-7, regarding enforcement and penalties for sign regulations, and Section 11-17-7, regarding enforcement and penalties for violations of zoning regulations generally, reference only available criminal remedies set forth in Sections 1-3-2 and 1-3-3 of the Code and do not reference administrative penalties;
WHEREAS, the City also wishes to amend Section 11-13-7 and Section 11-17-7 to make clear that administrative remedies set forth in Title 6, Chapter 5, Article A of the Code are available in addition to criminal penalties set forth in Sections 1-3-2 and 1-3-3; WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2023, at which time it heard public input and considered the drafted amendments to the City’s regulations, and recommended the City Council approve the amendments;
WHEREAS, the Planning Commission finds after due study, deliberation, and public hearing that the following circumstances exist:
 the Planning Commission determines that the proposed amendments are in the interests of the general community welfare;
 the Planning Commission determines that the proposed amendments are consistent with the general plan, the requirements of state planning and zoning laws and other provisions of Title 11 of the Solvang Municipal Code; and
 the Planning Commission determines that the proposed amendments are consistent with good zoning and planning practices; and
DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 156
PC Reso 23-13 Administrative fees penalties Code amend
 the Planning Commission determines that it can be seen with certainty that there is no possibility the proposed amendments will have a significant effect on the environment and are therefore not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

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

SECTION 1. The Recitals set forth above are true and correct and are adopted as findings in support of this Resolution.

SECTION 2. The Planning Commission of the City of Solvang hereby recommends the City Council adopt amendments to Title 11 to Update and Clarify Enforcement and Penalty Provisions in and Ordinance Amending various sections in Titles 1,3,4,5,6,8,9,11, and 12 of the Solvang municipal Code to Address References to Fees and Fines and General Penalty and Administrative Citation Provisions, attached hereto as Exhibit “A”, and make a determination of exemption pursuant to the Section 15061(b)(3) of the guidelines for implementation of the California Environmental Quality Act (CEQA).

SECTION 3. This Resolution is 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 this 6th day of November, 2023.

Jack Williams, Chair
APPROVED AS TO FORM: ATTEST:

Chelsea O’Sullivan, Assistant City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 157
PC Reso 23-13 Administrative fees penalties Code amend

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

AYES: ADLER, GOLD, JAMIESON, PETERSEN, WILLIAMS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Annamarie Porter, City Clerk
DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 158
Exhibit A
ORDINANCE NO. 23-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA AMENDING VARIOUS SECTIONS IN TITLES 1,3,4,5,6,8,9,11, AND 12 OF THE SOLVANG MUNICIPAL CODE

TO ADDRESS REFERENCES TO FEES AND FINES AND GENERAL PENALTY AND

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

SECTION 1. Section 1-3-1 “Violation or noncompliance---General Penalty”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 159
All violations may be prosecuted by city authorities in the name of the people of the state, or redressed by civil action. Where such violations are specified by this code to be a misdemeanor the city attorney may nevertheless elect to have the violation prosecuted as an infraction.

The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state including administrative remedies available pursuant to title 6, chapter 5, article A of this code.

SECTION 2. Subsection B of Section 1-3-2 “Infractions”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:

SECTION 3. Subsection B of Section 1-3-3 “Misdemeanors”, Chapter 3 “General Penalty”, Title 1 “Administration” is hereby amended to read as follows:

SECTION 4. Section 3-2-6 “Records maintained”, Chapter 2 “Transient Occupancy Tax”, Title 3 “Municipal Taxes” is hereby amended to read as follows:

All records which may be necessary to inspect shall be kept within the city or shall be produced within ten (10) working days of written notice at the business location within the city.

SECTION 5. Subsection A of Section 4-3-3 “License required”, Chapter 3 “Handgun Sales”, Title 4 “Business Regulations” is hereby amended to read as follows:

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 160
SECTION 6. Subsection B of Section 4-3-3 “License required”, Chapter 3 “Handgun Sales”, Title 4 “Business Regulations” is hereby amended to read as follows:

B. Term and Renewal; Fee. Any license granted pursuant to this chapter shall have a term of one (1) year. A license may be renewed annually upon submission of an application, and an application fee in an amount established by resolution of city council, at least thirty (30) days prior to the date the license is to expire.

SECTION 7. Subsection C of Section 4-7-4 “Permit required”, Chapter 7 “Pedicycle Rentals”, Title 4 “Business Regulations” is hereby amended to read as follows:

SECTION 8. Subsection F of Section 4-7-4 “Permit required”, Chapter 7 “Pedicycle Rentals”, Title 4 “Business Regulations” is hereby amended to read as follows:

SECTION 9. Section 4-9-9 “Fee”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:

Each application for a certificate shall be accompanied by a fee in an amount established by resolution of city council.

SECTION 11. Section 4-9-17 “Penalty for violation”, Chapter 9 “Business Certificates”, Title 4 “Business Regulations” is hereby amended to read as follows:

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 161
SECTION 12. Subsection B of Section 4-11-10 “Customer service and protection”, Chapter 11 “Video Service Providers”, Title 4 “Business Regulations” is hereby amended to read as follows:

B. The cable coordinator shall monitor the compliance of state franchisees with respect to the state and federal customer service and consumer protection standards set forth in subsection A of this section. The cable coordinator will provide a state franchisee with written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee thirty (30) days from the receipt of the notice to remedy the specified material breach.

SECTION 14. Subsection C of Section 5-2-15 “Enforcement”, Chapter 2 “Trash and Disposal Maintenance”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

SECTION 15. Subsection A of Section 5-4-14 “Penalties”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

SECTION 16. Subsection B C of Section 5-4-3-30 “Violations”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

SECTION 17. Subsection C of Section 5-4-3-30 “Violations”, Chapter 4 “Cannabis Regulations”, Title 5 “Public Health and Safety” is hereby amended to read as follows:

SECTION 18. Section 6-1-4 “Penalty”, Chapter 1 “Animal Control”, Title 6 “Police Regulations” is hereby amended to read as follows:

Any person who violates the provisions of this chapter is guilty of an infraction, which shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code. Further, when complaints are received, the animal control officers of the county shall have the duty to investigate and DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 162
enforce the provisions of this chapter. The provisions of this chapter may also be enforced by any peace officer having the jurisdictional authority to do so.

SECTION 19. Subsection B of Section 6-2-7 “Noise”, Chapter 2 “General Offenses”, Title 6 “Police Regulations” is hereby amended to read as follows:

SECTION 21. Section 6-3-6 “Violations---Penalty”, Chapter 3 “Curfew”, Title 6 “Police Regulations” is hereby amended to read as follows:

B. Parents. Any parent or guardian violating section 6-3-4 of this chapter is guilty of an infraction punishable in accordance with section 1-3-2 of this code.

SECTION 22. Subsection C of Section 6-4-7 “Violations and penalties”, Chapter 4 “Tobacco Control”, Title 6 “Police Regulations” is hereby amended to read as follows:

C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by a fine established in an amount pursuant to section 1-3-2 of this code.

SECTION 24. Section 6-6-4 “Violation and penalty”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 163
B. Administrative Penalty. Any person in violation of this chapter shall be liable and responsible for, and shall pay to the city, administrative penalties specified by resolution of City Council, set by resolution of city council, not to exceed the limits set forth in Government Code Section 53069.4 and 36900.

SECTION 25. Subsection A of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

SECTION 26. Subsection B of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

The written appeal shall contain:

1. A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the administrative penalty;

SECTION 27. Subsection C of Section 6-6-5 “Administrative appeal”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

SECTION 28. Section 6-6-6 “Enforcement and collection of administrative fine”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

SECTION 29. Section 6-6-7 “Judicial review”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

SECTION 30. Section 6-6-8 “Remedies cumulative--Actions--Relationship to other laws”, Chapter 6 “Social Host Liability”, Title 6 “Police Regulations” is hereby amended to read as follows:

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 164
The remedy provided under this chapter is cumulative, and shall not restrict the city to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law or this code or civil penalty. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or to prohibit any conduct authorized by the state or federal constitution.

SECTION 31. Subsection B of Section 8-2-4 “Fees and charges”, Chapter 2 “Street Construction and Excavations”, Title 8 “Public Ways and Property” is hereby amended to read as follows:

B. Restoration Costs for Bonds. Restoration costs for bonds shall be established by resolution of city council.

SECTION 32. Subsection E of Section 8-2-4 “Fees and charges”, Chapter 2 “Street Construction and Excavations”, Title 8 “Public Ways and Property” is hereby amended to read as follows:

SECTION 33. Section 8-8-10 “Appeals”, Chapter 8 “Trees”, Title 8 “Public Ways and Property” is hereby amended to read as follows:

1. First Infraction. The business owner will receive a written warning, with seven (7) days to comply.

If non-compliance continues after the seven (7) days, the city of Solvang may assess a fine in an amount established pursuant to section 1-3-2 of this code.

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 165
B. Maintenance. Where pretreatment facilities are provided for any waters or wastes, they shall be continuously maintained in satisfactory and effective operation by the owner at his or her expense.

1. First Infraction. The business owner will receive a written warning, with seven (7) days to comply.

If non-compliance continues after the seven (7) days, the city of Solvang may assess a fine in an amount established pursuant to section 1-3-2 of this code.

Every violation determined to be an infraction is punishable by a fine in an amount established pursuant to section 1-3-2 of this code.

A. Fees. A connection charge, as fixed by section 9-2E-1 of this chapter shall be paid to the city by the person desiring connection to the city’s sewer system.

1. A fee in an amount established by resolution of city council shall be paid to the city for issuing a permit to connect to a public sewer and inspecting each sewer installation.

2. A fee in an amount established by resolution of city council shall be paid for issuing a permit to install a lateral and connect to a public sewer.

B. Deposit and Rates. The applicant shall deposit, in advance, an amount determined by resolution of city council for each inch or fraction thereof of temporary service desired. Upon discontinuance of service, the actual cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material, shall be determined and an adjustment made as an DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 166
additional charge, refund or credit. The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit.

Overpayments will appear as a credit on the utility account. Disconnection charges and related fees shall be paid in the form of cash or its equivalent.

SECTION 41. Subsection A of Section 9-4-6 “Backflow prevention assembly testing”, Chapter 4 “Cross Connection Program”, Title 9 “Water and Sewer” is hereby amended to read as follows:

A. The city will establish and maintain a list of approved backflow prevention assemblies and an approved certified testers list. The city shall conduct necessary surveys of water user premises to evaluate the degree of potential health hazards. The city shall notify the water user when their assembly needs to be tested. A notice to test will be sent by mail and will have the date the test shall be completed. The water user shall supply proof to the city by such date that the assembly has passed the test. If the test is not completed and proof supplied to the city by the date on the notice to test a final notice will be sent. If the test is not completed and proof supplied to the city within the time set forth in the final notice, then a noncompliance notice will be sent. If the backflow prevention assembly has not been tested and proof of compliance has not been supplied to the city by the date set forth on the noncompliance notice, water service will be terminated on such date unless the user has filed a written request for a hearing on the matter prior to the date set forth on the noncompliance notice. The hearing will be held within ten (10) days of the written request. If it is determined that the water user’s water service is a threat to the city’s water system because of the backflow prevention assembly, or lack thereof, then the hearing officer shall order the water service terminated. A failure to appear at the hearing will result in termination of the water service. A reconnect fee in an amount established by resolution of city council will be charged before the service will be reconnected. The water supply to the DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 167
address will be discontinued until the backflow prevention assembly is tested and certified as functioning properly.

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 168
SECTION 44. Subsection B of Section 11-13-7 “Enforcement and penalties”, Chapter 13 “Sign Regulations”, Title 11 “Zoning regulations” is hereby amended to read as follows:

SECTION 45. Section 11-17-7 “Enforcement and penalties”, Chapter 17 “Administration and Enforcement”, Title 11 “Zoning regulations” is hereby amended to read as follows:

A. Applicability. The provisions of this section shall apply entirely to this title.

2. Cooperation of Other Officials. The planning manager may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of their duties.

Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.

D. Tax Bill Collection. In the event any fees assessed in connection with the processing or approval of development of any property pursuant to this title remain unpaid at the time specified for fixing the tax rate of the city, the amount due for such fees may be added to and become a part of the annual taxes levied against the land, provided: (1) the property is owned, controlled or was in possession of the same person who owned, controlled or was in possession of it during the time such fees were imposed; or (2) the only transfer made of the property since the date such fees were imposed have been transfers by gift, descent or devise. Such fees so added shall constitute a lien on the property. If DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 169
the taxes are divided and made payable in two (2) installments, the unpaid fees shall be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the authorities the amount of such fees to be levied against the land, and such fees shall be included in the tax bill.

F. Referral for Legal Action. If unable to otherwise enforce the terms of this title, the planning manager shall refer the matter to the city attorney for appropriate legal action.

G. Legal Actions.

3. Criminal Actions and Penalties.

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 170
a. Infractions. Any person, whether as a principal, agent, employee or otherwise, violating any provisions of this title, or the rules, regulations, orders or permits issued hereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in section 1-3-2 of this code. b. Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of two (2) or more violations of any of the provisions of this title within the twelve (12) month period immediately preceding the commission of the offense or has been convicted of three (3) or more violations of any of the provisions of this title within the twenty-four (24) month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be in accordance with section 1- 3-3 of this code.
c. Violations. Each and every day during any portion of which any violation of this title or the rules, regulations, orders or permits issued hereunder, is committed, continued or permitted by such person shall be deemed a separate and distinct offense.

H. Cumulative Remedies and Penalties. The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state.

SECTION 46. Subsection D of Section 12-8-5 “Flood control”, Chapter 8 “Administration and Enforcement”, Title 12 “Subdivision Regulations” is hereby amended to read as follows:

SECTION 49. This ordinance shall become effective 30 days after its adoption.

PASSED, APPROVED, AND ADOPTED on this _____ day of ______ 2023.

DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 171
__________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Dave Fleishman, City Attorney Annamarie Porter, City Clerk DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 172

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
DocuSign Envelope ID: 5F099CC7-38CD-4F73-B540-BCFE072CBB89 173

CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.a
Meeting Date: November 27, 2023
SUBJECT: Discussion and possible action to approve an agreement with Cannon Corporation for design and construction management services for the Nyborg Estates Waterline Replacement project for the amount not to exceed $253,550 for the term November 27, 2023 – June 30, 2025; and authorize the Mayor to execute on behalf of the City.

PREPARED BY: Randy Murphy, City Manager, and
Mike Mathews, Water Division Supervisor
DISCUSSION:

The City’s water distribution system covers an area of 2.43 square miles and includes approximately 41 miles of waterline. As portions of the water system age, deteriorate, and reach the end of their useful life, those facilities need to be replaced. The primary purpose of the City’s water facilities capital improvement program (CIP) and Water Fund Reserves is to periodically replace and upgrade aging water infrastructure.

The Nyborg Estates residential subdivision was constructed in the mid-1980s, and under normal conditions the ductile iron pipe (DIP) waterlines within the subdivision should not need to be replaced at this time. However, when the DIP waterlines were installed, it was not known that the soils had corrosive properties, and therefore, alternative materials or protective measures were not implemented.

Chemical corrosion by certain corrosive soils is a geologic hazard that affects buried metals in direct contact with the soil. Soils with relatively high chlorides will develop corrosive chloride solutions when saturated, and chemically attack metals in direct contact with the solution. As a result, the DIP waterlines within Nyborg Estates have experienced several large leaks over the past 15 years and need complete replacement. (The replacement waterlines will be plastic (PVC) which is immune to the corrosive soils.) A proactive approach to replace all of the waterlines at this time is considered more cost effective than a reactive approach resulting in unpredictable major pipeline blowouts, pavement sinkholes, traffic hazards, service disruptions, and major customer inconvenience.

The Utilities Department does not have the resources at this time to perform the required engineering and construction management services. Therefore, the Utilities Department developed a scope of services and Request for Proposals (RFP) for the Nyborg Estates Waterline Replacement Project including engineering design services, construction management and inspection services. Staff then solicited proposals from 5 prequalified engineering firms that were prequalified based on their waterworks engineering and design experience.

The City received 4 proposals from Cannon, MNS Engineers, Stantec, and Tetra Tech. (Water Systems Consulting elected not to submit a proposal.) After careful consideration by the City’s consultant selection committee, Cannon was selected as the most qualified, and a fee of $230,500 was negotiated. Staff recommends that the Council approve a Professional Services Agreement with Cannon Corporation in the amount of $230,500 for engineering design, construction management, and inspection services. Staff further recommends authorizing the Mayor to execute the Agreement, and the City Manager to execute contract amendments if within the contingency amount of 10 percent ($23,050) for a total amount of $253,550.

ALTERNATIVES:

The City Council could choose to cancel or postpone the Nyborg Estates Waterline Replacement Project and not approve a Professional Services Agreement at this time. The City Council could also 174
choose to modify the Project scope of services, or provide staff with other direction as deemed appropriate.

FISCAL IMPACT:

Funding for engineering design, construction management, and inspection services for the Nyborg Estates Waterline Replacement Project is available in the City’s approved Fiscal Year 2023-24 Budget in Account No. 803-5100-501-70105. (Note that construction of the HCA Middle Well will not occur this fiscal year.) The cost of the proposed engineering design, construction management, and inspection services for the Project is considered reasonable, and consistent with the budgeted Water Division objectives for Fiscal Year 2023-24.

ATTACHMENTS:

A. Professional Services Agreement
175
Cannon Corporation – Nyborg Waterline Replacement

CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT

PARTIES AND DATE. This Agreement is made and entered into this 27th day of November, 2023 (“Effective Date”) by and between the CITY OF SOLVANG, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 1644 Oak Street, Solvang, CA 93463 (“City”) and CANNON CORPORATION, a California Corporation, with its principal place of business at 1050 Southwood Drive, San Luis Obispo, CA 93401 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1.0 GENERAL PROVISIONS

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

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

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

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

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

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

1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $230,500 unless and until this Agreement is amended as provided herein. The City Manager is authorized to approve contract amendments in an amount not to exceed 10 percent or $23,050 for a total amount of $253,550.
176
Cannon Corporation – Nyborg Waterline Replacement

1.05 Billing/Payment Terms. All charges for Consultant’s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by the City Manager prior to payment.

2.0 OBLIGATIONS OF CONTRACTOR

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

2.02 Avoidance of Conflict of Interest.
(a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Consultant’s services under this Agreement. (b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement.

(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection (d). _____ (Initials).
(d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_Matt van der Linden_____________________

2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.

2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and 177
Cannon Corporation – Nyborg Waterline Replacement
Consultant’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’s employees or agents.

2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, 178
Cannon Corporation – Nyborg Waterline Replacement
notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’s services or the termination of this Agreement.

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

3.0 OBLIGATIONS OF CITY

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

4.0 TERMINATION OF AGREEMENT

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

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

4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.

4.04 Termination: This agreement shall terminate on June 30, 2025, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.
179
Cannon Corporation – Nyborg Waterline Replacement

5.0 SPECIAL PROVISIONS

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

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

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

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

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

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

6.0 MISCELLANEOUS

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

TO CONSULTANT: Cannon Corporation
Larry Kraemer, Director, Water Resources Dept.
1050 Southwood Drive
San Luis Obispo, CA 93401

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

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

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

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

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

6.07. Integration and Modification:
(a) This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
(b) In the event of any conflict between the terms of this agreement and the terms of an exhibit, the terms of this agreement shall control, even if the exhibit purports to modify this agreement. In the event an exhibit incorporates by reference any additional physical 181
Cannon Corporation – Nyborg Waterline Replacement
documents, websites, web links or other electronic location not under the control of the City, the parties agree that such additional documents shall have no impact on this agreement and shall be deemed to be void unless actually attached to the exhibit that purports to incorporate such additional document. Notwithstanding the foregoing sentence, the provisions of Section 2.05 of this agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this agreement, even if such exhibit purports to affect the provisions of Section 2.05.

Furthermore, any attempt to limit liability to the City that is expressed in an exhibit shall have no force or effect unless City has expressly agreed to such limitation by providing the initials of its authorized representative here: N/A___________.

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

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

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

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

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

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

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

6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are 182
Cannon Corporation – Nyborg Waterline Replacement
to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.

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

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

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

CITY OF SOLVANG CONTRACTOR

CANNON CORPORATION
By: By:

Randy Murphy, City Manager Larry Kraemer, Water Resources Dept Director Date: Date:

APPROVED AS TO FORM
Richards, Watson & Gershon

By:

Dave Fleishman, City Attorney
Date:

ATTEST:
_______________________________
Annamarie Porter, City Clerk
183
Cannon Corporation – Nyborg Waterline Replacement

EXHIBIT A

SCOPE OF WORK,

FEE SCHEDULE
&

PROJECT SCHEDULE
184
Cannon Corporation – Nyborg Waterline Replacement

EXHIBIT B

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

Consultant shall provide the following types and amounts of insurance:

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

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

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

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

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

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

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

3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
185
Cannon Corporation – Nyborg Waterline Replacement

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

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

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

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

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

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

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

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

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

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether 186
Cannon Corporation – Nyborg Waterline Replacement
or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

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

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

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

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

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

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

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
187
Nyborg Estates Waterline Replacement Project Cannon 6
Scope of Work
The following scope of work is based on our understanding of the project as outlined above, our past experience on similar successful projects, several site visits, and discussions with City staff. These detailed tasks are carefully sequenced to provide an efficient schedule while remaining realistic and achievable.

Task 1. Progress Meetings, Project
Schedule, and Coordination
Cannon will facilitate and attend a project kick-off meeting with appropriate City personnel. The meeting agenda will focus on project understanding, team involvement, and
overall goals and objectives for the project.

This meeting will include a project introduction, review of background information and project scope, and an
overview of the project schedule. It is a key opportunity for representatives from the City to steer the consultant team and further clarify critical project scope elements.

As work progresses, we will provide updates to the project schedule and conduct up to two additional meetings at the following key milestone events:
• 70% design review, and
• 100% design review.

Deliverables: Meeting agendas and minutes, project
schedule updates, correspondence with stakeholders,
and routine project updates.

Task 2. Research, Data Collection,
and Analysis
We will conduct site visits and take photographs and
measurements as necessary to facilitate development of
conceptual and final design documents. We will review
applicable plans, reports, and records to complete
engineering design services for the project, including code requirements, technical guides, and other standards that will influence the proposed improvements.

We will conduct utility research with the public and private utility providers who have existing facilities within the proposed project areas and obtain record drawings and
as-built information. Potential utility conflicts and/or relocation requirements will be identified and evaluated as needed to mitigate unexpected design modifications
or construction delays. We will compile and review the
documents for inclusion into the electronic base map to use for preliminary design and following tasks.

Task 3. Topographic Base Map
We will provide a topographic survey for streets where
waterline and valve replacements will occur. For
waterlines, the survey will extend the full width of the road right-of-way, plus a minimum of five feet beyond it to capture existing water meter boxes. For waterlines, the survey will also extend 50 feet beyond the ends of the
waterline replacement areas.

For valve replacements, the survey will extend across the entire intersection (approximately 100 feet beyond the
valves) in all directions. One-foot contours will be provided along with key spot elevations. Survey will include surface features such as valve cans, fire hydrants, water meter boxes, manholes, vaults, sidewalk, driveway approaches, mailboxes, trees, power poles, and fences. Rim and invert elevations will be surveyed for sewer manholes, and valve cans will be opened and top of operating nut elevations determined.

For the purposes of this RFP, we assume a waterline
replacement length of 5,000 feet. Once complete, we will submit a plot of the draft topographic base map (at a scale of 1”= 20’) that includes surveyed information and existing utilities for City review and comments. Revisions based on City comments will be incorporated into the final plans.

We will collect record data boundary information along
the water main alignments, which will be used to set the boundary location for the base map. The survey will be
based upon record data with ties to found monuments and does not include setting monuments or filing a record of survey with the County.

Deliverables: Topographic Base Map (AutoCAD)

EXHIBIT A
188
Nyborg Estates Waterline Replacement Project Cannon 7
Task 4. Construction Drawings
Based on the findings and results of previous tasks, we will prepare and submit design packages at 70%, 100%, and
final completion levels. The design packages will include the following plans:
• Plans (Total 16 sheets)
• Title Sheet – (1 total)
• General Notes Sheet - (1 total)
• Water Main Plan View Drawings – (8 total)
• Water Connection Details - (2 total)
• Valve Replacement Details – (2 total)
• City Standard Details - (2 total)
Design packages will progress from 70% to 100% to final with the final package containing the details necessary to construct the project. Project services and deliverables will adhere to City of Solvang requirements for project development of improvements and include adherence to
City design standards, regulation, policies, and procedures for the design elements of the project.

Drawings will be prepared in a recent version of AutoCAD (as approved by the City). Plans will be prepared on
standard size 22” x 34” drawing sheets. Three sets of plans will be submitted for review and comment at the 70% and 100% levels of completion. We will address City review
comments. After City approval of the final plans, we will provide the AutoCAD files, a PDF copy, and seven hard
copy sets to the City for its use.

Deliverables: Drawings at 70%, 100%, and final
completion levels
Task 5. Specifications
Using the City’s Microsoft Word standard project manual template, we will prepare the project manual including
bid documents, bid schedule, general provisions, special provisions, Section D2 – Construction Materials &
Methods, and Section D3 – Technical Specifications. We
will provide a draft list of technical specifications for City review and approval. We will prepare the Project Manual in Microsoft Word. We will submit the project manual
for review and comment at the 70% and 100% levels of
completion. We will address City review comments.

After City approval of the final project manual, the Word document, two hard copies, and a PDF copy of the final
project manual shall be submitted for City use.

Deliverables: Specifications at 70%, 100%, and final
completion levels
Task 6. Cost Estimate
We will prepare a construction cost estimate for the
project with bid items listed as individual cost line items in the estimate. The bid schedule list and cost estimate list will match. Cannon will prepare the cost estimate
using Microsoft Excel. The cost estimate will be submitted for review and comment at the 70% and 100% levels of
completion.

We will address City review comments. After City approval of the final cost estimate, the Excel version, two hard copies, and a PDF copy of the final cost estimate will be submitted for City use.

Deliverables: Cost Estimates at 70%, 100%, and final
completion levels
189
Nyborg Estates Waterline Replacement Project Cannon 8
Task 7. Bidding and Construction
Engineering Assistance
We will attend the pre-bid meeting and respond to
contractor questions as necessary during the bidding
phase. We will review and respond to contractor
submittals and respond to requests for information as
necessary during construction. (City staff will review some submittals. Per the RFP, we have included a T&M budget of $8,000 for this task.)
Task 8. Record Drawings
We will provide record drawings upon completion of
the project construction. Changes and modifications
incorporated into the constructed work will be recorded by the contractor and City inspector. Upon completion
of construction, red-lined drawings will be provided to Cannon. We will then prepare and submit draft record
drawings to the City incorporating red-line comments.

Following the City’s review, we will submit final record drawings to the City. We will provide electronic drawings in both Adobe Acrobat PDF and Civil3D 2024 format with
external references (XREFs) included.

Deliverables: Record drawings
Task 9. (Optional Task) Provide
Construction Management Services
Cannon will function as the City’s project manager and
provide construction management services during both
the bidding and construction phases of the project.

Ernie Ferrer will serve as Resident Engineer responsible for the construction contract and create and maintain
construction files. We will administer the construction contract, attend weekly progress meetings with the
contractor, provide weekly reports, coordinate submittal and RFI reviews, review contractor invoices, and assist City staff in project closeout.

Task 10. (Optional Task) Provide
Construction Inspection Services.

Cannon will provide part-time construction inspection
services, assuming 16 weeks of construction, and 12 to 24 hours of inspection per week depending on construction
activities. We will provide full-time construction inspection services during shutdowns for cut-in connections and valve replacements. We will attend weekly progress meetings
with the contractor, provide progress photos, provide
quality control review, provide weekly reports, conduct final walkdown, and produce preliminary and final punch lists.

ASSUMPTIONS AND EXCLUSIONS
Certain services, described below, that may accompany a project of this type are excluded from this scope of work and may be added on a time and materials basis as deemed necessary by the City:
• City will provide timely delivery of all pertinent record information relative to the project.
• Cannon is not responsible and cannot be held
accountable for the accuracy of as-builts or record
drawings provided by Agencies or utility providers.
• As this proposal has been prepared without the
benefit of a current title report, it is assumed that
there is enough available record information to
adequately determine the location of the boundaries
and encumbrances of the subject property. Additional
work resulting from patent or latent boundary
ambiguities, or a lack of available records, may
constitute an additional work effort that is not
covered within this scope of services.
• Potholing of existing utilities is not included in the scope at this time and will be submitted as a separate
proposal if deemed necessary as work progresses
during design.
• Archeological, botanical, and biological services are excluded.
• CEQA documentation for this project is excluded from
our scope and assumed to be prepared by the City.
• It is assumed that the City will provide all necessary permitting and plan check fees with all permitting and
plan approval agencies.
• Items not specifically identified in the scope of service section of this proposal are to be excluded and will
be considered additional services. Additional work
will be billed on a Time and Materials basis or as an
addendum with prior written authorization from City.
190
Hourly Rate
Hrs Cost
1 24 $4,724
2 37 $6,736
3 58 $22,040
Sub Total 119 $33,500

4.1 148 $26,008

4.2 6 $1,406

4.3 110 $19,000

4.4 6 $1,406

4.5 72 $12,394
5 34 $6,124
6 26 $4,792
Sub Total 402 $71,130
7 43 $8,000
8 33 $6,190
Sub Total 76 $14,190
Totals 597 $118,820
9 288 $60,480
10 320 $51,200
Sub Total 608 $111,680
Optional Bidding and Construction Phase Services
(Optional Task) Construction Management Services
(Optional Task) Construction Inspection Services
Design Tasks
FINAL Design Plans
Engineering Design Services
Topographic Survey
70% Design Plans
Preliminary Engineering
Meetings, Schedule, and Coordination
70% Design Review Meeting
100% Design Plans
Research, Data Collection, and Analysis
Fee Proposal for Solvang
Total
Nyborg Estates Water Main Upgrades Project 2023
Bidding and Construction Phase Services
100% Design Review Meeting
Specifications
Bidding and Construction Engineering Support
Record Drawings
Cost Estimates
191
ID Task Name Duration Start Finish Predecessors
1 NYBORG ESTATES WATERLINE REPLACEMENT PROJECT 310 days Tue 11/14/23 Mon 1/20/25 2 ***City Issues Notice To Proceed*** 0 days Tue 11/14/23 Tue 11/14/23 3 Project Management 121 days Tue 11/14/23 Tue 4/30/24
4 Task 1 - Progress Meetings, Project Schedule, and Coordination 121 days Tue 11/14/23 Tue 4/30/24 5 1.1 - Kickoff Meeting 1 day Tue 11/14/23 Tue 11/14/23 2 6 1.2 - Progress Meeting No. 1 (at 70% submittal) 1 day Tue 3/19/24 Tue 3/19/24 13FF 7 1.3 - Progress Meeting No. 2 (at 100% submittal) 1 day Tue 4/30/24 Tue 4/30/24 14FF 8 Preliminary Engineering 30 days Wed 11/15/23Tue 12/26/23 9 Task 2 - Research, Data Collection, and Analysis 30 days Wed 11/15/23Tue 12/26/23 5 10 Task 3 - Topographic Base Map 30 days Wed 11/15/23Tue 12/26/23 5 11 Construction Document (70, 100, and Final Submittals) 115 days Wed 12/27/23Tue 6/4/24 12 Task 4 - Construction Drawings 115 days Wed 12/27/23Tue 6/4/24 13 70% Drawings 60 days Wed 12/27/23Tue 3/19/24 9,10
14 100% Drawings 30 days Wed 3/20/24 Tue 4/30/24 13
15 Final Drawings 25 days Wed 5/1/24 Tue 6/4/24 14
16 Task 5 - Specifications 60 days Wed 3/13/24 Tue 6/4/24 17 70% Specs 5 days Wed 3/13/24 Tue 3/19/24 13FF
18 100% Specs 5 days Wed 4/24/24 Tue 4/30/24 14FF
19 Final Specs 5 days Wed 5/29/24 Tue 6/4/24 15FF
20 Task 6 - Cost Estimate 60 days Wed 3/13/24 Tue 6/4/24 21 70% Cost Est. 5 days Wed 3/13/24 Tue 3/19/24 13FF
22 100% Cost Est. 5 days Wed 4/24/24 Tue 4/30/24 14FF
23 Final Cost Est. 5 days Wed 5/29/24 Tue 6/4/24 15FF
24 Bidding and Construction 154 days Wed 6/5/24 Mon 1/6/25 25 Task 7 - Bidding and Construction Engineering Assistance 154 days Wed 6/5/24 Mon 1/6/25 12,16,20 26 Post Construction 10 days Tue 1/7/25 Mon 1/20/25
27 Task 8 - Record Drawings 10 days Tue 1/7/25 Mon 1/20/25 25 28 Optional Tasks 90 days Tue 9/3/24 Mon 1/6/25
29 Task 9 - Construction Management Services 90 days Tue 9/3/24 Mon 1/6/25 25FF 30 Task 10 - Construction Inspection Services 90 days Tue 9/3/24 Mon 1/6/25 25FF 11/14
11/14
3/19
4/30
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb 2024 2025
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress

CITY OF SOLVANG
Nyborg Estates Waterline Replacement Project

PRELIMINARY SCHEDULE

Page 1 ends

Solvang City CouncilNovember 27, 2023

Solvang City Council
November 27, 2023