Agenda 2024-09-23 CC
AGENDA
SOLVANG CITY COUNCIL
MONDAY SEPTEMBER 23, 2024
6:00 PM SPECIAL CLOSED SESSION
6:30 PM REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
Mark Infanti, Mayor Virtual & in Council Chamber
David Brown Mayor pro tem, District 3
Elizabeth Orona District 4
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. The 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 30 minutes before the meeting.
6:00 PM SPECIAL CLOSED SESSION
CALL TO ORDER
ROLL CALL
0BAGENDA 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 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.
1BAGENDA 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 2BPUBLIC 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.
CAMPAIGN CONTRIBUTION DISCLOSURE - Pursuant to Government Code Section 84308, any party to a City proceeding must disclose on the record any campaign contributions made to a member of the City Council [or commission] in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent and aggregated contributions from persons or entities related to the party. Please make the disclosure as soon as possible, but not later than the beginning of the proceeding. 3BAMERICANS 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. 4BLET YOUR VOICE BE HEARD! Do you have about one minute a month to help make Solvang better? The City of Solvang is working with FlashVote to engage the community and gather valuable input from residents to inform our decisions. We encourage residents to sign up at www.flashvote.com/Solvang or call 775-235-2240 to participate by phone or text only.
1 Agenda 2024-09-23 CC
PLEDGE OF ALLEGIANCE
1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY
This section is intended to provide members of the public with the opportunity to comment on Closed Session Items. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once.
2. RECESS TO CLOSED SESSION
a. Conference With Legal Counsel—Existing Litigation – pursuant to Gov. Code Section 54956.9(d)(1)
RECONVENE TO OPEN SESSION
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
6:30 PM REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
a. Proclamation: Commander of Veteran’s of Foreign Wars Post 7139 Alvin Salge
2. PRESENTATIONS
a. Cal Cities Legislative Update
3. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or act on issues not on the agenda, except to briefly respond or ask Staff to follow up on such items.
4. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report
5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,
COUNCIL COMMENTS, REQUESTS
Reports of meetings attended, contributions made or received, and Comments and requests from City Council Members.
6. 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 at the request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented.
b. Approve City Council Minutes: September 9, 2024.
c. Approve Monthly Financial Report
d. Receive and file Solvang support of AB 2330 Endangered Species: Wildfire preparedness activities.
4 5
6 10
2 11
Agenda 2024-09-23 CC
e. Receive and file Solvang’s request for veto on SB 1037 Housing element enforcement. f. Award the Solvang Park Lighting Project to Full Moon Audio Co. in the amount not to exceed $180,305 for the term September 23, 2024 – January 31, 2025, and authorize the Mayor to execute on behalf of the City
7. PUBLIC HEARINGS
None
8. DISCUSSION ITEMS
a. Discussion and Possible action to receive and file report of Special Event Weekends impacts on businesses.
b. Discussion and possible action to approve Council Policy updates
9. COUNCIL CLOSING COMMENTS
10. ADJOURNMENT
AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.
Dated this 19th day of September 2024.
44 52
13 3
15 4
Meeting Date Agenda Item Agenda Dept
14-Oct Measure U Committee Update Presentation City Manager Pavement Management Presentation Public Works
Visit SYV Annual Report Presentation Marketing
Newstands Policy Discussion Public Works
28-Oct Quarterly Financial Update Discussion Finance
Quarterly Marketing Update Presentation Marketing
Rec & File Qtly Public Records Requests Report Consent City Clerk Sign Ordinance review Discussion Planning
Agency Grant funding guidelines Discussion Administration 12-Nov Stormwater Management Program Annual Report Consent Public Works 25-Nov Resolutions & Zoning Ordinance to implement GP 1st reading
Public Hearing Planning
9-Dec Zoning Ordinance to implement GP 2nd reading Consent Planning AB 1600 Report Discussion Public Works
Future Meetings RFQ Interim Financing WWTP Administration Discussion Finance Compensation & Class Study Update Discussion Administration Short Term Vacation Rental update Discussion Finance/Planning Outdoor dining ordinance Public Hearing Planning
Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
Calpers Debt Reduction Plan Discussion City Manager
Meeting Date Agenda Item Agenda Dept
Fire abatement and brush removal program Discussion City Manager Guidebook for development standards Discussion Planning DRC Role & Processing Procedures Discussion Planning
On-street Parking Restrictions Policy Direction Discussion Public Works Agenda Item Agenda Dept
January Annual Comprehensive Financial Report Discussion Finance January (odd
years)
Brown Act, Public Records Act, Levine Act Training Presentation City Attorney January (odd
years)
Appointment to Boards, Commissions, Committees Discussion City Clerk January Fee Schedule Review Discussion Finance
January Investment Policy Annual Review Discussion Finance February (even
years)
Budget to Actual Discussion Finance
February Measure A 5-Year Local Program of Projects Public Hearing Public Works February Mid-Year Budget Adjustments Finance
February (even
years)
Council Budget Goal Setting Public Workshop City Manager March Housing General Plan Annual Report Discussion Planning March SB1 RMRA project List Public Hearing Public Works March Solvang Mesa LLMD Annual Assessment Public Hearing Public Works March FTA 5311 Grant Agreement Consent Public Works
March TDA Grant Funding Consent Public Works
May (even years) Ordinance 1st Reading & Adoption Conflict of Interest Public Hearing City Attorney May Grant Funding Applications review Discussion Finance Oct/Jan/April/July Quarterly Financial Reports Discussion Finance Oct/Jan/April/July Quarterly Marketing Update Presentation Parks & Rec Oct/Jan/April/July Quarterly Public Records Requests Report Consent City Clerk June Preliminary Budget Discussion Finance
June Two-Year Financial Plan Development or Supplemental Budget adoption
Discussion Finance
June Capital Improvement Program Discussion FIN/Public Works June/July Amend Appropriation Limit (GANN) Public Hearing November Stormwater Management Program Annual Report Consent Public Works December AB 1600 Report Discussion Public Works
December City Council Reorganization - Appointment of Mayor pro tem
Discussion City Clerk
December (even
years)
City Council Reorganization Council selection of
representatives to Committees and Agencies
Discussion City Clerk
Council Requested Agenda Items
Annual Reports
CITY COUNCIL ADVANCE CALENDAR
5 M 2024-09-09 CC 1
Special Closed Session – 5:30 PM
Regular Meeting – 6:30 PM
5:30 PM SPECIAL CLOSED SESSION
CALL TO ORDER
Mayor Infanti called the Special Closed Session meeting to order at 5:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem David Brown, Councilmembers Robert Clarke, Claudia Orona (arrived at 5:35 p.m.), Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, City Clerk Annamarie Porter, Planning Manager Rafael Castillo
PLEDGE OF ALLEGIANCE
Councilmember Clarke led in the Pledge of Allegiance.
1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY - None
2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Gov. Code Session 54956.9(d)(2) One potential case
b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of litigation pursuant to Gov. Code Section 54956.9(d)(4): one potential case Name of Case:
Southern California Edison Company vs California State Board of Equalization, Superior Court of California, County of Orange Case No. 30-2024-01403215-CU-MC-CXC.
Mayor Infanti adjourned to Closed Session at 5:35 p.m.
RECONVENE TO OPEN SESSION
Mayor Infanti reconvened to Open Session at 6:15 p.m.
3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Attorney O’Sullivan reported that for both Items 2a and 2b, Council gave direction to staff and there were no reportable actions.
4. ADJOURNMENT
Mayor Infanti adjourned the meeting at 6:15 p.m.
MINUTES
SOLVANG CITY COUNCIL
MONDAY, SEPTEMBER 9, 2024
6 M 2024-09-09 CC 2
6:30 PM REGULAR MEETING
CALL TO ORDER
Mayor Infanti called the Regular meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.
ROLL CALL
Present: Mayor Mark Infanti, Mayor pro tem David Brown, Councilmembers Robert Clarke, Claudia Orona, Elizabeth Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, City Clerk Annamarie Porter, Administrative Services Director Wendy Berry
PLEDGE OF ALLEGIANCE
Cynthia Mathews led in the Pledge of Allegiance.
1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None
2. PRESENTATIONS
a. Frontier Communications
Doug McAlister, Vice President, External Affairs, Frontier Communications, narrated a PowerPoint presentation about the Frontier Communications Fiberoptics Network.
Discussion followed regarding comparisons with broadband or star link systems, existing fiber, adding new fiber and current broadband initiatives.
b. Pers Liability
Mayor Infanti motioned to move the Pers Liability presentation until after Consent. Approved by consensus.
3. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments.
Dr. Cynthia Mathews
Dennis Beebe, Santa Ynez Citizens Council
Dan Martin
Robert Peltcher
Stephen Martin
There were no other public communications on Non-Agenda and Consent Items.
4. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy reported receiving a Notice of Public Hearing from the Santa Barbara County Board of Architectural Review which will occur on Friday at 9:00 a.m. at the Santa Ynez CSD Office addressing a couple of Verizon issues and announced the Young American Foundation made a request to place flags on Veterans’ Hall lawns in remembrance of 9/11.
5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT, 7 M 2024-09-09 CC 3
COUNCIL COMMENTS, REQUESTS
Councilmember Elizabeth Orona reported attending two GSA meetings and discussed items addressed during those meetings.
Mayor pro tem Brown complimented staff for power washing sidewalks and suggested specifying a professional business attire under Council’s Rules of Conduct.
Mayor Infanti reported attending the Toast Nonprofit Community; discussed a Viking ship playground item that was built at the Santa Ynez Valley School and mentioned he and his wife took a tour of the burn area at the Sedgewick Reserve and spoke about the Santa Ynez Valley Aquatics informational kickoff.
Councilmember Clarke announced he is on the Board of Directors of the Santa Barbara County Taxpayers Association; spoke about the Young American Foundation and asked to place a discussion on an upcoming agenda about developing a professional guidebook for business owners and developers as a check list of what they need for signs, for permitting, etc., and consider eliminating the DRC.
Councilmember Elizabeth Orona stated that a guidebook will open the City to increased disputes.
City Attorney O’Sullivan noted the item is to consider adding a discussion to a future agenda and not the merits of the proposition.
There was Council consensus to place a discussion about the possibility of developing a professional guidebook for business owners and developers as a check of requirements on an upcoming agenda.
A poll of Councilmembers resulted in a 3-2 vote to place a discussion on an upcoming agenda regarding the possibility of eliminating the DRC.
6. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: August 12, 2024
c. Approve July and August 2024 Payables
d. This Item was pulled from Consent by Mayor pro tem Brown, for separate discussion. e. Receive and File Disaster Preparedness SBC press release f. Adopt Resolution 24-1271 Approving, and Authorizing the City Manager to execute, a Second Amendment to the Cooperation Agreement between the County of Santa Barbara and City of Solvang for Participation in the Santa Barbara Urban County Community Development Block Grant (CDBG) Program for Three Federal Fiscal Years (2025-2027) g. Receive and file the City of Solvang’s biennial budget book for Fiscal Years 2024/25 and 2025/26 Mayor pro tem Brown pulled Item No. 6.d from Consent for separate discussion.
Motion by Councilmember Clarke to approve Consent Items, except for Item No. 6.d, which was pulled for separate consideration, seconded by Councilmember Elizabeth Orona and carried, 5-0.
ITEMS PULLED FROM CONSENT
8 M 2024-09-09 CC 4
d. Adopt Resolution No. 24-1270 Declaring the Intent of the City to be Reimbursed for Certain Capital Expenditures from the Proceeds of Indebtedness
City Manager Murphy discussed replacement of the City’s wastewater treatment plan and addressed funding options and the possibility of issuing bonds.
Mayor pro tem Brown felt the City should have this policy for all borrowing; noted this only relates to one project and thought it to be too narrow.
Administrative Services Director Berry reported on challenges because the City does not know what the projects will be and spoke about limitations on reimbursements without having a resolution, noting the City is not allowed to get reimbursed for what has been spent.
Motion by Councilmember Clarke to approve Item No. 6.d, seconded by Councilmember Claudia Orona and carried, 5-0.
2.b Pers Liability Presentation
Julio Morales, Kosmont Financial Services, narrated a PowerPoint presentation regarding the possibility of reducing the City’s CalPERS liability.
7. PUBLIC HEARINGS - None
8. DISCUSSION ITEMS - None
9. COUNCIL CLOSING COMMENTS
Mayor Infanti noted the State of the City event will be in two weeks.
City Manager Murphy announced the hiring of a new Utilities Director and discussed other recruitment efforts.
10. ADJOURNMENT – 7:58 p.m.
The meeting was adjourned at 7:58 p.m.
Respectfully submitted:
Annamarie Porter, CMC, City Clerk
9 FUND
100
200
201
202
203
204
205
207
300
500
501
502
600
800
CITY OF SOLVANG INVESTMENTS
JULY 2024
FUND
FUND BALANCE
GENERAL FUND $ 18,159,587.44
GOVERNMENTAL IMPACT FEES $ 1,633,469.26
TRAFFIC SAFETY $ 5,036.80
GAS TAX FUND $ 225,293.89
LOCAL TRANSPORTATION $ 500,343.42
MEASURE A $ 1,442,357.74
SKYTT MESA LLMD $ 503,099.31
MEASURE U $ 2,289,821.51
CAPITAL PROJECTS $ {89,018.69)
WATER FUND $ 5,756,382.03
WASTEWATER $ 2,483,756.58
TRANSIT FUND $ 1,496,396.76
EQUIPMENT/VEHICLE POOL $ 1,246,868.18
GENERAL FIXED ASSET GROUP 0.00
TOTALS $ 35,707,138.05
LAIF BALANCE $ 12,290,213.20
CHECKING ACCOUNTS $ 23,416,924.85
TOTALS $ 35,707,138.05
%OF
TOTAL
50.86%
4.57%
0.01%
0.63%
1.40%
4.04%
1.41%
6.41%
-0.25%
16.12%
6.96%
4.19%
3.49%
0.00%
100%
Interest
Rate
4.516%
** All City investments for the month are in compliance with California Government Code, Section 53646(b)(1}.
** Current investments meet expenditure requirements for the next six months.
6.c
10 September 16, 2024
The Honorable Gavin Newsom
Governor, State of California
1021 0 Street, Suite 9000
Sacramento, CA 95814
RE: AB 2330 (Holden) Endangered species: Wildfire preparedness activities
REQUEST FOR SIGNATURE
Dear Governor Newsom,
The City of Solvang respectfully requests your signature on AB 2330 (Holden). The bill would develop a voluntary, streamlined process for local agencies to submit wildfire preparedness programs to the California Department of Fish and Wildlife (CDFW) and seek approval to avoid, minimize, and mitigate the take of an endangered, threatened, or candidate species, incidental to conducting vegetative management activities in fire hazard severity zones located adjacent to communities.
The size and severity of wildfires in California is increasing due to climate extremes. In California's recorded history, the top eight largest wildfires and the top two most destructive wildfires occurred in the last seven years, and the deadliest wildfire occurred in the last six years.
Communities statewide have experienced the catastrophic and devasting impacts of wildfires, and the threat of wildfire on life and property remains for many communities across the state.
Just as the state and federal agencies are responsible for managing lands and preparing and responding to wildfires, local agencies are also responsible for conducting wildfire preparedness activities on Local Responsibility Areas (LRAs) in designated fire hazard severity zones throughout the state. The state has completed a programmatic environmental impact report under the California Environmental Quality Act (CEQA) for 20 million acres of State Responsibility Areas (SRAs) with mitigation measures and a streamlined consultation process with environmental permitting agencies, called the California Vegetative Treatment Program (CalVTP). Local agencies, however, do not have a streamlined process for LRAs and have experienced long delays spanning multiple fire seasons when trying to accelerate these types of wildfire preparedness efforts on LRAs.
AB 2330 would provide local agencies a voluntary, streamlined process that prioritizes wildfire preparedness activities and public safety while upholding environmental laws and permitting authorities. The bill would require local agencies to provide CDFW under the California Endangered Species Act (CESA) with specific information, including the location and type of activities that are planned, that the local agency has complied with CEQA, and any planned environmental mitigation or conservation measures the local agency plans to take as part of their wildfire preparedness activities. CDFW would have 90 days to notify the local agency if an incidental take permit is needed or if they are other exemptions or streamlined pathways are available to the local agency. The bill would require, in its notification to the applicant, a 1644 Oak Street, Solvang, CA. 93463 Telephone (805) 688-5575 Agenda Iem 6.d
11 description of the threatened or endangered species and methods to be taken to avoid or minimize the take of that species. If an incidental take permit is needed, CDFW would be required to approve or deny the permit application with 45 days upon receipt of a completed application. By going through this streamlined process, local agencies will be able to consult with CDFW regarding their proposed activities to ensure any potential harm to species can be avoided and environmental mitigation measures are in place for vegetative management activities to occur. CDFW would still be able to charge their regular permitting fees for the incidental take permits that are identified through this process, which would cover the staff time to review and issue these permits.
The bill would ensure continued environmental oversight and communication between local agencies and the state for any approved wildfire preparedness programs. The bill would require CDFW to consult with the State Board of Forestry and Fire Protection to provide further technical assistance to local agencies. This would allow CDFW to respond should any concerns arise to not only minimize or mitigation environmental impacts but avoid a species take through this proactive pathway.
If local wildfire preparedness activities are not accelerated in LRA areas, the threat of wildfire could continue to pose extreme risk of future catastrophic wildfire events to both communities and the environment. AB 2330 provides a feasible process that maintains CDFW's environmental authorities and oversight while prioritizing wildfire preparedness and public safety. Lastly, in this year's budget, the Legislature and Governor approved continued, ongoing funding, specifically $10 million, to support CDFW from their Timber Regulation and Forest Restoration Fund for fire resiliency efforts. We believe the review and issuance of permits under AB 2330's framework would align with this budget allocation. In addition, CDFW would still be able to charge their regular permitting fees for the incidental take permits that are identified through this process, which would cover the staff time to review and issue these permits.
This matter is important to our City because we are preparing to undertake a significant fire mitigation effort in our Hans Christian Andersen Park and streamlining the process in advance of this important endeavor will help ensure a successful project.
For these reasons, the City of Solvang urges your signature on AB 2330. If you have any questions, do not hesitate to contact me at [email protected] or 805.688.5575 x204.
R ndy Murphy
City Manager
City of Solvang
cc: The Honorable Chris R. Holden (via email: [email protected]) Mr. David Mullinax (via email: [email protected])
League of California Cities (via email: [email protected]) 12 September 16, 2024
The Honorable Gavin Newsom
Governor, State of California
1021 0 Street, Suite 9000
Sacramento, CA 95814
RE: SB 1037 (Wiener) Planning and zoning: housing element: enforcement Request for VETO
Dear Governor Newsom,
The City of Solvang regretfully requests a veto on SB 1037 (Wiener), which would allow the Attorney General to take legal action against a city and seek fines up to $SOK a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects.
Under existing law cities can be subject to significant fines and penalties for violating certain housing laws. However, before fines are imposed, a city has the ability to correct the action. Additionally, enhanced fines are not imposed unless the city fails to follow a court's order or acts in bad faith.
Unfortunately, as currently drafted, SB 1037 does not provide an opportunity for cities to correct an honest mistake or address a genuine difference in interpreting the law. Even those jurisdictions acting in good faith could be subject to significant fines and be required to pay the Attorney General for all costs investigating and prosecuting the action, including expert witness fees and attorney's fees.
Due to staff turnover and other circumstances beyond our control, the City of Solvang recently ran afoul of current legislation and had a non-compliant Housing Element.
Note that this was not a result of any intentional act on the part of the City. Yet, had SB 1037 been in place at the time, the City of Solvang would have been subject to the $SOK per month fine for about ten months, an amount that would have exacerbated our tenuous General Fund balance. I am happy to report that we are currently in compliance. However, it is easy to see how it could happen to another jurisdiction.
The City of Solvang believes that instead of creating new fines and penalties, lawmakers and the Department of Housing and Community Development should provide cities with clear guidance and technical assistance to help them finalize their housing elements and put those plans to work so much-needed housing construction can occur.
1644 Oak Street, Solvang, CA. 93463 Telephone (805) 688-5575 Agenda Item 6.e
13 For these reasons, The City of Solvang requests your veto on SB 1037. If you have any questions, do not hesitate to contact me at [email protected] or 805.688.5575 x204.
• andy Murphy
City Manager
City of Solvang
Cc: The Honorable Scott Wiener (via email: [email protected]) Mr. David Mullinax (via email: [email protected])
League of California Cities (via email: [email protected]) 14 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.f
Meeting Date: September 23, 2024
SUBJECT: Award the Solvang Park Lighting Project to Full Moon Audio Co. in the amount not to exceed $180,305 for the term September 23, 2024 – January 31, 2025, and authorize the Mayor to execute on behalf of the City PREPARED BY: Jenny McClurg, Parks and Recreation Director DISCUSSION:
For the past two years the City of Solvang has presented an immersive light show tied to festive Christmas music in Solvang Park as part of the Julefest celebration which runs November 29, 2024 - January 5, 2025 this year. This light show is free to the public and is a large attraction for all to enjoy.
Shows are held from 5-9pm on the hour and run 10-15 minutes long each day of Julefest.
With the success of the light shows in the past, the City would like to take the opportunity to purchase new LED lights with more features and running underground cabling. The City will be enhancing the light show with two additional themed shows: a special tree lighting show and a separate show that will air after Christmas with New Years themed songs along with the two traditional and modern shows played before Christmas. With the installation of new lights and underground cabling and some needed electrical, this allows the City to save on costs down the road. In the past, the City was paying the contractor to install and remove the overhead cabling after each Julefest. With the wiring underground, the contractor will be able to leave everything installed from year to year and will allow the City to light the trees in various colors for additional holidays. There will still be costs each year to program the light shows and rentals for audio and lighting for the various events throughout Julefest.
ALTERNATIVES:
Should the City Council not approve the Solvang Park Lighting Project and contract Full Moon Audio Co. to perform the work, we could still have the lightshow but run all cabling overhead and use current lighting already installed (with no ability to program and move with music) and continue to pay approximately an additional $15,000-$50,000 a year for boom lift rentals, up-lighting and other various rentals plus the installation and removal of cabling. There will still be costs each year to hold the light show as the City will have to pay the contractor to program the light show, bring in audio and lighting at the park and other areas of the City for events throughout Julefest. Last year, this cost was about $70,000. However, it is important to note we have added additional shows, Makers Market and better audio. With the additions, it requires more staff time, so costs have gone up.
FISCAL IMPACT:
The fiscal impact is $180,305 over the one-year term and is accounted for in the 2024 – 2026 budget cycle and covered by Measure U funds after consulting with the Measure U committee. This accounts for $61,319.75 to program the 2024 show and a one-time fee of $118,983.32 to install new lighting and installation of cabling underground.
ATTACHMENTS:
A. Full Moon Audio Co. Contract
15 Full Moon Audio Co.
CITY OF SOLVANG
PROFESSIONAL SERVICES AGREEMENT
PARTIES AND DATE. This Agreement is made and entered into this 23rd day of September 2024 (“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 FULL MOON AUDIO CO, a California Corporation with its principal place of business at 3852 Bostwick St., Los Angeles, CA 90063. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.0 GENERAL PROVISIONS
1.01 Term: This agreement will become effective on the date of execution set forth below and will continue in effect until terminated as provided herein.
1.02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.
Consultant shall determine the method, details and means of performing the abovereferenced services.
Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.
However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.
1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.
1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $180,305.00, unless and until this Agreement is amended as provided herein. 16 Full Moon Audio Co.
1.05 Billing/Payment Terms. All charges for Consultant’s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by the City Manager prior to payment.
2.0 OBLIGATIONS OF CONTRACTOR
2.01 Contract Management and Service Performance: Consultant Principal shall serve as the project manager and will personally prepare, or direct and supervise the preparation of, all work product called for by this agreement. Consultant represents that it has the qualifications, experience and facilities to properly perform all services hereunder in a thorough, competent, timely, and professional manner and shall, at all times during the term of this Agreement, have in full force and affect all licenses required of it by law. Consultant agrees to devote the hours and the human resources necessary to timely perform the services set forth in this agreement in an efficient, professional, and effective manner.
2.02 Avoidance of Conflict of Interest.
(a) Consultant may represent, perform services for, and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extracontractual services does not interfere with or present a conflict with City’s business or interfere with the timely performance and completion of Consultant’s services under this Agreement. (b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement may be required to file Statements of Economic Interest. Therefore, it is incumbent upon the Consultant to notify the City of any staff changes relating to this Agreement.
(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection (d). (Initials).
(d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None
2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
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2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’s employees and agents have no right to Workers’ Compensation and other Citysponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’s employees or agents.
2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of 18 Full Moon Audio Co.
this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’s services or the termination of this Agreement.
2.06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.
2.07 Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a consultant, and aggregated contributions from persons or entities related to the party. Consultant is required to fill out and provide the attached Exhibit C ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.
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:
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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 January 31, 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.
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 20 Full Moon Audio Co.
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
6.01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:
PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Chelsea O’Sullivan
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO CONSULTANT: Michael Mooneyham, CEO
Full Moon Audio Co
3852 Bostwick Street
Los Angeles, CA 90063
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. 21 Full Moon Audio Co.
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 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: .
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.
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6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.
6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.
6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.
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
FULL MOON AUDIO CO
Mark Infanti, Mayor Michael Mooneyham, CEO
ATTEST: APPROVED AS TO FORM
Richards, Watson & Gershon
Annamarie Porter, City Clerk Chelsea O’Sullivan, City Attorney 23 Full Moon Audio Co.
EXHIBIT A
SCOPE OF WORK
AND
FEE SCHEUDLE
24 Full Moon Audio Co.
Julefest 2024 Light Show
Proposal
V1.1 8/26/2024 N.S.
Nicholas Seaman, Production Manager/Lighting Designer, FMA 2 Overview
This document was created to outline the proposed partnership between THE CITY OF SOLVANG and FULL MOON AUDIO CO to help to bring all necessary team members together to retrofit the Solvang Park tree lighting system; as well as bring in supplemental lighting and audio equipment to support the Julefest 2024 season. 3 25
Full Moon Audio Co.
Outline of Project
With the wonderful feedback after the 2022 and 2023 light displays leading to our proposal for the tree lighting LED retrofit, we are excited to share our thoughts on the light display itself. With the ability to create expansive animated motions though lighting with the Advatek line of products we will have the ability to have immersive environments within the park to create a one of a kind holiday experience. With that being said, we believe that with the addition of some automated moving lights, high end audio systems, as well as additionally placed LED/conventional lighting fixtures located throughout the park, we can create a modern, yet traditional, visual and auditory experience to bring holiday cheer to all within eye or earshot of the park.
The 2024 Julefest Light Display will be using several large installations of lighting instrument types to create an immersive lighting experience. We will be transforming the gazebo into a demonstration of the capabilities of pixel mapping. Through the addition of 1,900 LED pixels along the roofline, roof edge, the railings and general structure, as well as additional LED par style instruments, the gazebo will be a centerpiece of the show featuring a vivid display of color, and featuring exciting animation style content to bring a new twist to last years show. Additional automated moving lights will be utilized along the edges of the gazebo and park to aid in projection capabilities along the tree lines/canopies, as well as adding aerial visual effects to aid in dramatic moments throughout the show. The audio elements to the show would remain similar to last year's system, with some improvements to general coverage, dynamic range and the ability to better aid the tree lighting ceremonies additionally required audio equipment.
We have prepared three quotes in total for the city to consider:
1. Temporary Installation/Programming (REQUIRED)
2. LED Retrofit OPTION A - UNDERGROUND CABLES
3. LED Retrofit OPTION B - OVERHEAD CABLES
Outline of LED Retrofit
With the last two year's show in mind, we set out to produce a thrilling, one of a kind, park encompassing light display to promote holiday cheer for local residents and visitors alike with a powerful display of dazzling color and light. While the vividness of color through uplighting with quality lighting instruments offers wonderful opportunities for celebration, the possibilities of using addressable LED lighting strings in replacement of current standard LED string “Christmas” style lighting are almost endless. These products offer unique opportunities for animation of three dimensional shapes such as trees and 4 26
Full Moon Audio Co.
other natural objects with thoughtful and careful mapping from a highly skilled projectionist. There are many other advantages of using these products such as the ability to offer near identical colors to match existing lighting throughout the City of Solvang beyond the scope of the project, as well as being able to be an icon for the city on other holidays with unlimited color schemes and moving animations available.
This retrofit would require removal of all existing park string lighting, and the reinstallation of the Advatek line of LED products on the twenty-one trees specified on the project map below. This process would take up to fourteen working days with multiple boom lifts moving around and within Solvang park, as well as the running of additional cat6-e direct burial cable/underground low voltage conduits to control all LED drivers located within trees throughout the park. This retrofit would also utilize existing power receptacles located within and around Solvang park to minimize cost and disturbance to the park, however would be at the limits of the expected existing electrical (see electrical section of proposal for further information). We estimate the LED service life would be roughly eight to ten years with proper regular maintenance from a qualified LED technician, while Advatek expects 50,000 hours on their LEDs and maintains a two year warranty on all LEDs, and a one year warranty on all controllers/drivers. All cable, lighting and LED drivers are IP-68 weather rated and are well suited to withstand harsh outdoor weather conditions and sun for long periods with minimal wear and tear. We believe that these products would bring well more than the initial investment back in revenue to local business as well as media attention and coverage of the annual Julefest Light Display, as well as all other city recognized and celebrated holidays/celebrations.
Keeping budget constraints in mind, we have decided to offer two separate options for this LED Retrofit project, one with cable underground, and one with cable overhead.
While both options have their respective positives and negatives, we believe it is in the best interest of the City to make that decision.
5 Tree Map
27 Full Moon Audio Co.
LED Retrofit OPTION A UNDERGROUND Overview
With the opportunity to add a large amount of LED lighting throughout the park, we would also like to offer the ability to add additional low voltage direct burial Cat6 cable to facilitate the control of all to be installed pixel drivers. This project would require a large amount of trenching as well as the full cooperation of the Parks and Rec. Department, The Building Department, and city maintenance staff to assist in locating existing underground cable/pipes. This would take approximately fourteen working days in order to accomplish with full access to the park whilst being closed to the public. This version of this project proposal would minimize overhead impact and sightlines, however would require the cutting of concrete paths in multiple locations in order to allow for proper conduit runs to code. This current iteration does not include the cost of cutting/replacing any concrete paths as we would look to The City to advise on their preferred method/vendor of cutting/replacing concrete and would incur additional project cost not within the scope of this current bid. This version of the quote also does not include the cost to install and electrical upgrades within the park, and any additional electrical needs would incur additional project cost not within the scope of this current bid. 6 While we do recognize the large additional cost associated with this version of the project, we do strongly believe that this would be the better option to provide proper protection to cables while maintaining longevity and sightlines throughout the system. 28 Full Moon Audio Co.
LED Retrofit OPTION B OVERHEAD Overview
Recognizing the considerable cost of going underground, we have also prepared a second option for the city to consider that would save in initial cost, however likely cost more in the long term due to maintenance and more exposure to weather/elements.
Similarly to past years, we are offering the possibility to go overhead with all signal and extension cables via aircraft cable stringing throughout the park between trees and other critical show locations. This will allow for significant cost reductions compared to going underground in the short term, however will have long term maintenance costs as well as impacting sightlines during the day within and around the park. While the sightlines with cable in the air are not highly significant, we do believe it is an important element to consider for a permanent installation project located within the town center.
If this option is chosen for this project by The City, we would highly advise a plan to reevaluate the overall electrical/low voltage systems within one year of installation in order to ensure the longest lifetime of the overall LED system. Doing so would require significant rewiring of the installed system however would not require additional LEDs or LED driver hardware.
Electrical Systems
Due to the lack of concrete data on the current status of the electrical systems within and around Solvang Park, we are using our past experience to base our understanding of what we believe to currently exist within the park. We are under the assumption that currently there are two fifteen amp, one hundred twenty volt circuits originating from the bathroom building on the west edge of the park, one fifteen amp, one hundred twenty volt circuit originating from the gazebo via the christmas tree pull box, and two fifteen amp, one hundred twenty volt circuits originating from the gazebo pull box.
While this is our best understanding of what exists currently, we cannot guarantee that this expectation is accurate, and will refer to a licensed electrician to assist in any electrical system upgrades/retrofits in order to meet the minimum standard listed above to support the current design. We would highly advise that the city allocate future budget towards a full electrical upgrade to ensure long term feasibility and reliability of the led systems installed throughout the park. Please note that this minimum required electrical would allow for minimal excess capacity on the existing system based on the current 7 29
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proposed design. This project quote DOES NOT include any additional underground electrical, and any additional electrical needs must be quoted separately and will result in additional cost to The City of Solvang.
Overages
Due to the size and complexity of this project, as well as due to the unknown factors with the current status of the existing electrical systems, we will reserve an additional ten percent of overall project cost (not reflected in current invoices) for any additional incurred costs associated with additional labor requirements, additional equipment requirements, additional design time, additional licensing fees, and or any other associated costs not currently reflected in the project invoices. All additional costs will be reported within the final due invoice, and will have additional approval from city staff before implementing.
Lighting (TEMPORARY)
With the larger implementation of pixel mappable LEDs throughout the park, we have switched our focus from uplighting and other critical show elements to being able to use the lighting department more as an additional tool in the story telling kit. Utilizing less basic LED par style instruments, and switching to a larger quantity of intelligent moving light hybrid fixtures and trussing, we can offer a wider range of canopy coverage and aerial effects without nearly as much physical infrastructure as years prior. With IP-65 outdoor rated instruments, we can also offer a higher level of reliability while still allowing for more creative freedom without inconveniencing park guests and local residents. These temporary rigging positions would also offer the ability to facilitate additional audio hang points not previously accessible throughout the park for additional sound reinforcement.
Audio (TEMPORARY)
This year we are excited to continue perfecting the Audio design for Julefest. It has been an organic evolution of ideas over the last two years, and we look forward to making 2024 the best year yet!
We will continue to base our designs around the L’Acoustics platform, bringing the seamless integration between components that have made them the top brand for audio globally and throughout the entertainment industry. This year we will add a series of satellite speakers to augment the A10/Ks21 main PA, bringing a more dynamic sense of motion at key points of the show. We also plan to multitrack (record) the audio throughout 30 Full Moon Audio Co.
8 the night of the tree lighting, for use in the media package to help the city promote the show for years to come.
Additionally we will provide high quality audio reinforcement for the Julefest parade to ensure all attendees have a seamless auditory experience while enjoying the holiday festivities.
EQUIPMENT/SERVICES PROVIDED TO CITY OF SOLVANG:
- LED lighting instruments (MegaHex LED par, moving lights, stage lighting for tree lighting ceremony).
- Conventional lighting instruments (SourceFour parnell, Par38/56/64). - Rental machinery including, but not limited to, one 35’ articulating boom lift. 9 - Build/strike crew for temporary installation.
- Management/design of light display.
- Setup of CITY OF SOLVANG owned decorations and additional lighting on Christmas tree and other structures and or set pieces within design of show/setup. - Management of all audio systems installed throughout the park. - Design/mixing of all audio tracks used for the light display. - Additional audio systems and support for the tree lighting ceremony and Julefest parade.
- Additional stage lighting for the Julefest tree lighting ceremony. - Additional area lighting for the weekly Night Markets - Installation and strike of Holiday “sprays” along Mission Drive and Alisal Road. - Installation and strike of the Holiday decor and tree decor/lighting. - All LED Technicians, certified boom lift operators, project managers and designers for the load in and load out for the temporary installation. - All LED Technicians, certified boom lift operators, project managers and designers for the load in and load out for the permanent installation.
NOTES
- ALL crew members are boom lift certified and covered under insurance/liability 31 Full Moon Audio Co.
- Crew day rates are based upon 8-10 hour shifts/day, seven day working week. - ALL crew members are highly experienced and capable with lighting systems, lighting instrument use, LED technology, and basic electrical. - Show initial test/inspection for city is 11/22/2024 18:30 PST - Show run is 11/29/2024-01/06/2026.
CITY OF SOLVANG TO PROVIDE
- Assistance by city staff such as city manager, planning department, maintenance staff and or custodians in the process of both the retrofit and the temporary installations for the Julefest 2024 Light Show.
- Assistance with the blocking of parking spaces and the park to facilitate both the parking while off site, and the free movement of boom lifts and other heavy equipment/vehicles throughout and around Solvang Park.
- Detailed and accurate electrical documents/drawings related to the current electrical systems in place throughout the park as well as the exterior outlets on both the bathroom structure and the gazebo.
- Assistance from maintenance staff, Planning Department, and the Parks and Recreation Departments with the removal of and replacement of sections of concrete to facilitate new conduit runs under existing paths. - A city representative will contact local law enforcement, and any other related authorities that maintain jurisdiction over the park, roads and general area (including local businesses) of the installation of both the retrofit and the temporary installations for the Julefest 2024 Light Display.
- On booking, a fifty percent booking deposit will be paid to secure temporary services. On the first date of site access an additional twenty-five percent of invoice payment shall be made. Within ten days of the last day of site access a remaining due payment shall be made.
- On booking, a seventy-five percent booking deposit will be paid to secure permanent installation services. On the first date of site access an additional fifteen percent of invoice payment shall be made. Within ten days of the last day of site access a remaining due payment shall be made.
32 Full Moon Audio Co.
11 CONTACTS
Nicholas Seaman - Production Manager/Lighting Designer
+1(805) 245-3793 Cell/Personal
[email protected]
Michael Mooneyham - Owner, FOH Engineer, Audio System Designer +1(805) 657-1420 Cell/Personal
[email protected]
Brian Miller - Lead LED Tech, Projectionist
+1(805) 819-1917 Cell/Personal
[email protected]
Nathaniel Gibbings - Crew Chief, Onsite Lead
+1(805) 406-4984 Cell/Personal
[email protected]
33 Full Moon Audio Co.
Full Moon Audio Co 3852 Bostwick Street
Los Angeles, CA 90063
(805) 245-3793
Invoice
Invoice for Payable to Quote #
Jenny McClurg Full Moon Audio Co 3012
C.O.S. Parks and Rec. Dept.
411 Second Street Project Due date
Solvang, CA 93463 Julefest 2024 Light Display TEMPORARY 50% DEPOSIT, REMAINING DUE Description Qty Unit price Total price
LIGHTING
6x Ariel Moving Light Package - 2x Smarty Hybrid IP, 15' Truss w/ Baseplate MONTHRATE 1 $9,520.00 $9,520.00 GrandMA2 Light MONTHRATE 1 $4,200.00 $4,200.00
Scenic Gazebo Lighting - 26x LED Strings, 2x Pixel Driver Boxes MONTHRATE 1 $2,248.00 $2,248.00 Scenic Tree Lighting - 40x LED Strings, 3x Pixel Driver Boxes MONTHRATE 1 $3,400.00 $3,400.00 Night Market Additional Lighting Package DAYRATE 3 $675.00 $2,025.00 DISCOUNT - Repeat Customer -$5,348.25
LIGHTING TOTAL $16,044.75
AUDIO
4x LAcoustics A10 MONTHRATE 1 $2,240.00 $2,240.00
4x LAcoustics 5XT MONTHRATE 1 $1,040.00 $1,040.00
3x LAcoustics LA4X MONTHRATE 1 $1,575.00 $1,575.00
1x LAcoustics KS21 MONTHRATE 1 $800.00 $800.00
Cable Package - NL4, NL2, CAT5E, XLR MONTHRATE 1 $365.00 $365.00 Console - XRack MONTHRATE 1 $720.00 $720.00
Parade Additional Audio Package DAYRATE 1 $2,450.00 $2,450.00 Parade Additional Audio Labor DAYRATE 1 $1,250.00 $1,250.00 Tree Lighting Ceremony Additional Audio Package DAYRATE 1 $3,250.00 $3,250.00 Tree Lighting Ceremony Additional Audio Labor DAYRATE 1 $1,450.00 $1,450.00 AUDIO TOTAL $13,690.00
HEAVY EQUIPMENT FEES
Equipment Trailer MONTHRATE 1 $675.00 $675.00
38' Articulating Boom Lift WEEKRATE 1 $2,200.00 $2,200.00 Delivery/Pickup (Heavy Machinery) 2 $275.00 $550.00
HEAVY EQUIPMENT FEES TOTAL $3,425.00
LABOR
Classic Holiday Light Show Programming (Approx. 15 Min.) 1 $3,275.00 $3,275.00 Modern Holiday Light Show Programming (Approx. 15 Min.) 1 $3,275.00 $3,275.00 Tree Lighting Ceremony Countdown Light Show Programming (Approx. 150 Sec.) 1 $1,350.00 $1,350.00 New Year Light Show Programming (Approx. 15 Min.) 1 $3,275.00 $3,275.00 Installation/Strike Labor 2 $4,250.00 $8,500.00
34 Full Moon Audio Co.
Daily Technical Check Labor 39 $135.00 $5,265.00
LABOR TOTAL $24,940.00
TOTAL: $61,319.75
ADMINISTRATIVE FEES
Administrative Fee 1 $655.00 $655.00
Music Licensing Fees 1 $2,565.00 $2,565.00
ADMINISTRATIVE FEES TOTAL $3,220.00
Notes: DEPOSIT DUE: $30,659.88
35 Full Moon Audio Co.
Full Moon Audio Co 3852 Bostwick Street
Los Angeles, CA 90063
(805) 245-3793
Invoice
Invoice for Payable to Quote #
Jenny McClurg Full Moon Audio Co 3003
C.O.S. Parks and Rec. Dept.
411 Second Street Project Due date
Solvang, CA 93463 Julefest 2024 INSTALL Version A UNDERGROUND v1.1 75% DEPOSIT, REMAINING DUE Description Qty Unit price Total price
LED PIXEL MAPPABLE TREES
Tree #1 Lighting - 1x 16ch LED Driver, 12x 15' LED String, 2x 5m (16.4') Pixel Extension Cable, 2x 2.5m (8.2') Pixel Extension Cable 1 $2,659.20 $2,659.20 Tree #2 Lighting - 1x 16ch LED Driver, 14x 15' LED String, 3x 2.5m (8.2') Pixel Extension Cable 1 $1,854.15 $1,854.15 Tree #3 Lighting - 1x 16ch LED Driver, 16x 15' LED String, 2x 5m (16.4') Pixel Extension Cable, 4x 2.5m (8.2') Pixel Extension Cable 1 $2,048.90 $2,048.90 Tree #4 Lighting - 1x 16ch LED Driver, 11x 15' LED String, 2x 2.5m (8.2') Pixel Extension Cable 1 $1,644.35 $1,644.35 Tree #5 Lighting - 1x 16ch LED Driver, 11x 15' LED String, 3x 2.5m (8.2') Pixel Extension Cable 1 $1,659.30 $1,659.30 Tree #6 Lighting - 1x 16ch LED Driver, 8x 15' LED String, 2x 2.5m (8.2') Pixel Extension Cable 1 $1,449.50 $1,449.50 Tree #7 Lighting - 1x 16ch LED Driver, 11x 15' LED String, 3x 2.5m (8.2') Pixel Extension Cable 1 $1,659.30 $1,659.30 Tree #8 Lighting - 1x 16ch LED Driver, 4x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,174.75 $1,174.75 Tree #9 Lighting - 1x 16ch LED Driver, 16x 15' LED String, 1x 5m (16.4') Pixel Extension Cable, 6x 2.5m (8.2') Pixel Extension Cable 1 $2,053.85 $2,053.85 Tree #10 Lighting - 1x 16ch LED Driver, 3x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,109.80 $1,109.80 Tree #11 Lighting - 1x 16ch LED Driver, 4x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,174.75 $1,174.75 Tree #12 Lighting - 1x 16ch LED Driver, 7x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,369.60 $1,369.60 Tree #13 Lighting - 1x 16ch LED Driver, 16x 15' LED String, 5x 5m (16.4') Pixel Extension Cable, 8x 2.5m (8.2') Pixel Extension Cable 1 $2,183.55 $2,183.55 Tree #14 Lighting - 2x 16ch LED Driver, 32x 15' LED String, 17x 5m (16.4') Pixel Extension Cable, 12x 2.5m (8.2') Pixel Extension Cable 1 $4,481.95 $4,481.95 Tree #15 Lighting - 1x 16ch LED Driver, 16x 15' LED String, 8x 5m (16.4') Pixel Extension Cable, 5x 2.5m (8.2') Pixel Extension Cable 1 $2,213.55 $2,213.55 Tree #16 Lighting - 1x 16ch LED Driver, 16x 15' LED String, 13x 2.5m (8.2') Pixel Extension Cable 1 $2,133.55 $2,133.55 Tree #17 Lighting - 1x 16ch LED Driver, 3x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,109.80 $1,109.80 Tree #18 Lighting - 1x 16ch LED Driver, 3x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,109.80 $1,109.80 Tree #19 Lighting - 1x 16ch LED Driver, 3x 15' LED String,1x 2.5m (8.2') Pixel Extension Cable 1 $1,109.80 $1,109.80 Tree #20 Lighting - 1x 16ch LED Driver, 3x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,109.80 $1,109.80 Tree #21 Lighting - 1x 16ch LED Driver, 3x 15' LED String, 1x 2.5m (8.2') Pixel Extension Cable 1 $1,109.80 $1,109.80 Pixel Mapping Computer w/ Monitor & Mad Mapper License 1 $1,825.00 $1,825.00 Expendables - Zip Ties, Tape 1 $655.00 $655.00
LED PIXEL MAPPABLE TREES TOTAL $38,899.05
LOW VOLTAGE CABLE INSTALL
Cat 6e 1000' Spool 26 $325.00 $8,450.00
PVC Pipe 4" per foot 60 $4.16 $249.60
PVC Pipe 2" per foot 2100 $2.10 $4,410.00
Nema Junction Box 9 $49.00 $441.00
Netgear GSM4230P-100NAS 2 $1,200.00 $2,400.00
Electrician DAYRATE 7 $900.00 $6,300.00
LOW VOLTAGE CABLE INSTALL TOTAL $22,250.60
36 Full Moon Audio Co.
PROGRAMMING LABOR
5x Holiday(TBD BY CITY) Regular Operations Programming 1 $3,000.00 $3,000.00 PROGRAMMING LABOR TOTAL $3,000.00
LABOR
Pixel Tree Install - 4x Lighting Technician WEEKRATE(7 Day Week, 8hr Days) 2 $8,250.00 $16,500.00 Pixel Tree Install - Project Manager WEEKRATE(7 Day Week, 8hr Days) 1.5 $3,650.00 $5,475.00 Pixel Tree Install - Design Labor HOURLY 35 $55.00 $1,925.00 String Light Removal - 2x Lighting Technician WEEKRATE(7 Day Week, 8hr Days) 1 $4,125.00 $4,125.00 String Light Removal - Project Manager WEEKRATE(7 Day Week, 8hr Days) 1 $3,650.00 $3,650.00 LABOR TOTAL $31,675.00
HEAVY EQUIPMENT FEES
700' Construction Fencing w/ Sandbags & Shadecloth 2 WEEKS 1 $2,695.00 $2,695.00 Roll Off - Hauling, Delivery, Dumping Included 2 WEEKS 1 $495.00 $495.00 Onsite PortoJohn WEEKRATE 2 $115.00 $230.00
Mini Excavator w/ 12" Trench Bucket & Scraper WEEKRATE 2 $1,650.00 $3,300.00 38' Articulating Boom Lift WEEKRATE 2 $2,200.00 $4,400.00 45' Straight Mast Boom Lift WEEKRATE 2 $2,650.00 $5,300.00 Delivery/Pickup (Heavy Machinery) 2 $755.00 $1,510.00
HEAVY EQUIPMENT FEES TOTAL $17,930.00
ADMINISTRATIVE FEES
Administrative Fee 1 $1,825.00 $1,825.00
Sales Tax $3,403.67
ADMINISTRATIVE FEES TOTAL $5,228.67
Notes: DEPOSIT DUE: $89,237.49
TOTAL: $118,983.32
37 Full Moon Audio Co.
Lighting and Decoration Plan
Please provide a decoration plan for the following areas:
1. All trees in Solvang Park: twenty-one trees + Christmas Tree
2. Gazebo
Work Description- Design
Contractor shall provide the final design of all agreed upon areas 30 days prior to installation unless an earlier date is required for discounted ordering. Design shall include, but are not limited to:
• Conceptual drawing indicating lighting, up-lighting with style, décor and lights for all indicated areas.
• Four immersive light shows consisting of automated moving lights, audio systems and additional LED/conventional lighting fixtures to put on a visual and auditory experience.
The shows would run at 5pm, 6pm, 7pm, 8pm and 9pm from November 29, 2024- January 5, 2025.
• Creative music design (with input from the City) and mixing provided to run four shows (as above) lasting approximately 8-10 minutes each, seven days a week. Three shows shall consist of: traditional Christmas music, somewhat modern Christmas music, and New Years themed music (to be played after Christmas from December 26, 2024- January 5, 2025). The fourth show would be specific to the tree lighting and play only one time on December 6, 2024. All music must be mixed and ready (along with list of songs provided) for City staff review by November 15 allowing ample time to make necessary changes for City staff review of entire show on November 22. • Methods of installation in relation to the plan
• Tree trimming and pruning requirements requested of the City, if applicable • Installation timeframe
• Purchasing of lighting to be owned by the City of Solvang. Lighting and cabling (if used) would stay up year-round.
Work Description- Additional Needs
• Installation of lighting for the Christmas tree and decorations + tree topper. City will provide tree topper and ornaments. To be completed by November 22, 2024.
Contractor will work with City staff to make any necessary and reasonable adjustments. • Audio for tree lighting ceremony Friday December 6, 2024. Includes sound check and run-of-show. Contractor to provide staff on-site during ceremony to run audio. • Portable audio for Christmas parade in three locations for announcers on Saturday December 7, 2024 set up by 11am.
• Additional lighting and audio on Wednesdays: December 4, 11, and 18 to provide ambient lighting for Makers Market. Music/Audio would take place from 3pm-5pm until the light shows begin at 5pm.
Work Description- Installation
• Underground cabling can begin anytime between October 21-November 5 allowing time for all installation to be completed. All excess dirt must be removed and back to its original state. City Parks department will replant grass. • Existing lighting shall be removed any time after October 21-November 7 or after November 11, 2024.
• Lighting and music shall be installed, tested and fully operational by 5pm on November 22, 2024 for City staff review. Contractor will work with City staff to make any necessary changes.
Work Description- Maintenance
38 Full Moon Audio Co.
• Contractor will provide necessary staff or on-call within 10 minutes during any of the light shows from 5pm-9pm every day. Contractor’s staff will check all systems daily (before 5pm) for a smooth daily show.
• Contractor shall be responsible for all related maintenance to ensure the display is operating as intended.
Work Description- Removal and Storage
• Contractor to provide a secured waterproof trailer, storage or otherwise agreed upon accommodations for all equipment necessary to run lightshow stored on location in agreed upon location. The City is not responsible for theft or damage to equipment. • Strike will take place January 6, 2025 with removal of all audio systems, additional lighting (if any), Christmas tree decor/lights, etc. All material and equipment must be removed by January 10, 2025. All City owned materials will be returned by Contractor and stored at City facility.
Work Description- System Programming Throughout the Year • Up to three system programming for additional City recognized holidays throughout the year
• Completion by January 31, 2025 and ability to work with City Staff on scheduling of timeline for set holidays.
39 Full Moon Audio Co.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 40 Full Moon Audio Co.
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.
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 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. 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. 41 Full Moon Audio Co.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used between itself and its sub-consultants 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.
42 CITY OF SOLVANG
Applicant/Interested Party Campaign Contribution Disclosure Form 1644 Oak Street │ Solvang, CA 93463 │ www.cityofsolvang.com │ (805) 688-5575
APPLICANT/INTERESTED PARTY INFORMATION
Applicant Name:
Phone: Email (required):
Representative/Agent:
Phone: Email:
Mailing Address:
City: State: Zip:
Website:
Name and subject matter of applicant’s proceeding:
CONTRIBUTION DISCLOSURE (GOVERNMENT CODE SECTION 84308) Please list all contributions in excess of $250 (either as a single payment or in aggregate) made within the past 12 months to officers of the agency involved in the above-mentioned proceeding by any parties (applicants) or their agents or representatives, including corporations, limited liability companies (LLCs), or other business entities and principals thereof, that are affiliated with the above-referenced proceeding. You may attach additional pages as necessary to list contributions made to involved agency officers and provide additional information about the contributor's relationship with the recipient.
Contributor Name:
Date of Contribution Recipient Office/Candidate Contribution Amount ($):
Refund: Yes or No;
Date of Refund.
☐ By checking this box I certify that I have not given any contributions consistent with Government Code Section 84308
ACKNOWLEDGEMENT
This form must be updated after each contribution, and no less than 45 days before any agency consideration regarding the abovereferenced application. Completion of this form does not waive or in any way impact a party's obligation to disclose such contributions over $250 on the record of the proceeding pursuant to Government Code section 84308(e).
I declare under penalty of perjury that the information which has been included in this Disclosure Form is true and correct:
Signature: _______________________________________________ Date: ______________________________ Print Name: ______________________________________________
OFFICIAL USE ONLY
File/Project No: Date Received:
[email protected]
CA
8052453793
Nicholas Seaman
Nicholas Seaman, Production Manager
[email protected]
Los Angeles
3852 Bostwick Street
90063
8052453793
Full Moon Audio Co
Fullmoon.audio
9/16/2024
Attachment B
43 CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.a
Meeting Date: September 23, 2024
SUBJECT: Discussion and possible action to receive and file report of special event weekend impacts on business.
PREPARED BY: Candice Libera, Marketing and Events Coordinator DISCUSSION:
The City Council previously requested to receive a report on how special events impact businesses on event weekends versus non-event weekends. This discussion item explores the dual nature of special events on businesses and the destination within the Village Mixed Use District (formerly known as the TRC), specifically focusing on bakeries, dining establishments, wine establishments, lodging properties, and retail establishments. Understanding these impacts is crucial for informed decision-making regarding event planning.
A Special Event Impact Study (Attachment A) was conducted, yielding eighteen (18) responses from businesses located in the Village Mixed Use District, including four (4) retail stores, three (3) bakeries, four (4) wineries, four (4) lodging properties, and two (2) restaurants. Results were mixed across business sectors with lodging properties, bakeries, and dining establishments seeing increased occupancy and covers/guest count for most events. Wine tasting rooms and retail establishments were the most volatile regarding business with some events bringing increased net sales and transactions compared to the non-event weekends and some seeing a decrease.
There are additional considerations to assess when evaluating the economic impact of special events on businesses and our destination. Special events serve as a valuable platform for showcasing a destination to a global audience. By hosting or participating in special events, we can highlight our unique attractions, culture, and amenities, drawing attention from potential visitors worldwide through social channels (Attachment B). This exposure not only enhances our reputation but also fosters connections with diverse audiences, encouraging travel and tourism. Additionally, special events generate media coverage (Attachment C), further amplifying our marketing efforts and reaching individuals who may not have been aware of our destination. Ultimately, leveraging these opportunities can significantly boost our visibility and appeal on a national and international scale, positively influencing future revenue for the City.
ALTERNATIVES:
None
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
A. Special Event Impact Study
B. Special Event Social Posts
C. Special Event Media Hits and Paid Advertising
44 Attachment 8.ba
SPECIAL EVENT IMPACT STUDY
Thank you fortaking the time to participate in the Special Event Impact Study. The City of Solvang takes pride in organizing numerous events every year. The aim isto improve the overall liveliness, quality of life, and economic wellbeing of Solvang’s residents, visitors, and businesses by promoting and supporting these special events. The Special Event Impact Study will help us determine if special events have a positive or negative impact on our businesses in the TRC and will help us to shape policy surrounding holding a special event that closes streets and/or parking lots in the TRC.
All information supplied will be confidential and compiled by industry segmentssuch as Lodging, Retail, Restaurants, Wine.
If you have any questionsregarding the study or the data being requested, please reach out to Candice Libera, Marketing and Events Coordinator at [email protected]. Thank you!
Tracking Instructions
Please email data forthe following event dates by August 23, 2024, to [email protected].
Retail/Restaurants/Wine Data:
• % of volume up or down to non-event weekend by day.
• % of transactions up or down to non-event weekend by day. • % of covers up or down to non-event weekend by day.
• Any other statistical data you feel is pertinent to communicating the impact of special events on your business.
Lodging Data:
• % up or down to non-event weekend in occupancy and ADR by day. • Any other statistical data you feel is pertinent to communicating the impact of special events on your business.
45 Attachment 6.ba
SPECIAL EVENT TRACKING
April
Solvang Datsun Roadster Classic Friday - Sunday, April 26-28, 2024 Non-Event Weekend Friday - Sunday, April 19-21, 2024
May
Wine Country Half Marathon Friday - Sunday May 10 -12, 2024 Non-Event Weekend Friday - Sunday, May 17-19, 2024
June
PRIDE Parade & Festival Friday - Sunday, June 21-23, 2024 Non-Event Weekend Friday - Sunday, June 14-16, 2024
July
4th of July Thursday - Sunday, July 4-7, 2024
4th of July Friday - Monday, July 1-4, 2022
Non-Event Weekend Thursday - Sunday, July 17-20, 2024
September
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51 CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.b
Meeting Date: September 23, 2024
SUBJECT: Discussion and Possible Action to Approve Updated Tickets and Passes Distribution Policy to Conform with Regulatory Requirements and Make Other Conforming Edits and to Approve Code of Ethics Policy to Remove Requirement for Annual Review
PREPARED BY: Annamarie Porter, City Clerk
Chelsea O’Sullivan, City Attorney
DISCUSSION:
In light of changing regulatory requirements and in an effort to prepare for potential new officers after the upcoming November 2024 General Election, City Staff is currently updating City policies and procedures to conform with regulatory requirements and make other conforming edits. Most of these policies are administrative in nature and will be updated at the staff level.
As part of this effort, staff has also reviewed and updated the Tickets and Passes Distribution Policy to conform with state and municipal code requirements and make other conforming edits. The updated Tickets and Passes Distribution Policy is included as Attachment A and the recommended changes are shown in Attachment B. This policy is being brought to Council pursuant to California Code of Regulations Title 2, Section 18944.1(b), which requires this policy be “duly adopted by the legislative body” of the City.
Staff has also reviewed the Code of Ethics Policy. This policy currently requires an annual review by the City Council. Staff recommends this annual review requirement be removed as staff has not seen the need for changes to the Code of Ethics on annual basis. Staff or Council could initiate a review of the Code of Ethics at any time. Staff also recommends language clarifying member’s obligations to recuse when they have a conflict of interest. The updated Code of Ethics Policy and the recommended changes are shown in Attachments C and D respectively.
Staff recommends the Council approve the updated Tickets and Passes Distribution Policy and the updated Code of Ethics Policy.
ALTERNATIVES:
Provide additional direction to staff.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Tickets and Passes Distribution Policy
B. Tickets and Passes Distribution Policy - Legislative Version Showing Track Changes C. Code of Ethics Policy
D. Code of Ethics Policy – Legislative Version Showing Track Changes 52 Tickets and Passes
Distribution Policy
Section: City Council
Adopted: September 23, 2024
Resolution No. 22-1183
Last Amended: June 27, 2022
Resolution No. 22-1183
PURPOSE
The purpose of this Policy is to ensure that any ticket or pass provided to the City of Solvang ("City") by any third party, purchased or obtained directly by the City, or generated by the City, shall, if distributed to a Designated Official, be distributed in furtherance of governmental and/or public purposes, in accordance with the California Fair Political Practices Commission ("FPPC") Regulation 18944.1.
I. DEFINITIONS
For purposes of this Policy, the following words, terms, and phrases shall have the following meanings:
A. "Designated Official" shall mean any officer or employee who is designated in the City's Conflict of Interest Code because their position entails the making or participation in the making of decisions which may have a foreseeable material effect on their financial interests within the City. Designated Officials are those that are required to file FPPC Form 700.
B. "Gift" shall have the meaning set forth in Government Code §82028.
C. "Immediate family" shall have the meaning set forth in Government Code §82029.
D. "Third party" shall mean the source of any ticket or pass, other than the City.
E. "Ticket" or "pass" shall have the meaning set forth in California Code of Regulations, Title 2, §18946.
II. ADMINISTRATION OF POLICY
The City Manager or designee shall be responsible for administering this Policy.
III. TICKETS AND PASSES DISTRIBUTION POLICY
This Policy governs the distribution of complimentary tickets/passes received, purchased, or generated by the City to a facility, event, show, or performance for entertainment, amusement, recreational or similar purposes. This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as they now exist or hereafter may be added or amended, including definitions.
Only Designated Officials shall be eligible to receive tickets or passes in accordance with the provisions of this policy.
All tickets and passes distributed to a Designated Official by the City shall be subject to the following provisions:
A. The City shall not accept from any third party any ticket or pass that is specifically earmarked for use by a particular Designated Official whether by name or position (2 CA CCR §18944.1(a)(3)) B. The City Manager or designee shall document in writing the receipt of all tickets and passes provided to the City by a third party.
53 C. Tickets and passes shall only be distributed to Designated Officials by the City Manager or designee to accomplish a legitimate public purpose of the City, as set forth in this Policy. (2 CA CCR §18944.1(b)(2))
D. The City Manager or designee shall decide in their sole discretion, consistent with this Policy, which Designated Officials should be provided with a ticket or pass. (2 CA CCR §18944.1(a)(4)) IV. LEGITIMATE PUBLIC PURPOSES
Any ticket or pass provided to a Designated Official by the City shall not constitute a gift if provided and used by the Designated Official for any of the following purposes listed below. (2 CA CCR §18944.1(b)(1))
The following list of governmental and/or public purposes the City may accomplish through the distribution of tickets/passes is illustrative rather than exhaustive:
A. Promotion of business activity, development, and/or redevelopment within the City.
B. Promotion of community resources and programs available to City residents including but not limited to those resources and programs involving charitable and non-profit organizations.
C. Promotion of City resources available to City residents.
D. Promotion of City-operated, sponsored or supported community programs.
E. Promotion of private facilities available for City residents' use including but not limited to those facilities involving charitable and non-profit organizations.
F. Promotion of City facilities available for City residents' use.
G. Promotion of City growth and development.
H. Promotion of City tourism on a local, state, national, or worldwide scale.
I. Promotion of City recognition, visibility and/or profile on a local, state, national, or worldwide scale.
J. Promotion of open government by Designated Official appearances, participation and/or availability at business and/or community events.
K. Promotion of the improvement of inter-governmental relations.
L. Promotion of special events in accordance with any City contract, including those contracts where the City as a form of consideration has required that a certain number of tickets/passes be made available for City use.
M. Attendance at events sponsored by other governmental agencies, industry groups, and nonprofit organizations for the purpose of meeting and conferring with other governmental officials or business representatives regarding issues of interest to, or affecting, the City.
N. Increasing public exposure to, and awareness of, the various recreational, cultural, and educational venues and facilities available to the public within the City.
O. Encouraging or rewarding significant academic, athletic, or public service achievements by City 54 students, residents or businesses.
P. Recognizing contributions made to the City by former or current City Council members or other City employees.
Q. For tickets or passes distributed to Designated Officials, other than a member of the governing body, the chief administrative officer of the agency, political appointee, or department head:
1. Attracting and retaining highly qualified employees in the City.
2. Recognizing or rewarding meritorious service by a City employee.
3. Promoting enhanced City employee performance and/or morale.
V. EXEMPTIONS
The following tickets and passes shall be exempt from the provisions of this Policy:
A. A ticket or pass received by a Designated Official directly from a third party that the Designated Official uses to perform a ceremonial role or function on behalf of the City pursuant to 2 CA CCR Section 18942(a)(13).
B. A ticket or pass received by a Designated Official from the City where both the Designated Official and the City treat and report the value of the ticket or pass as income consistent with applicable state and federal income tax laws and the ticket is reported as income pursuant to the provisions of this Policy.
C. A ticket or pass for which the Designated Official reimburses the City within thirty (30) days of receipt.
VI. PROHIBITION AGAINST TRANSFER
A Designated Official who receives a ticket or pass pursuant to this Policy for his or her personal use is prohibited from transferring or selling the ticket or pass to any other person, except the Designated Official may transfer the ticket or pass to a member of the Designated Official's Immediate Family, or no more than one guest, solely for the purpose of attending the event, provided such transfer to an Immediate Family member or one guest satisfies a legitimate public purpose as outlined above and is approved by the City Manager or his/her designee. (2 CA CCR §18944.1(b)(3)) VII. PROHIBITION AGAINST DISPROPORTIONATE USE
To ensure fair allocation of the benefit of tickets given to the City, no Designated Official shall disproportionately use tickets given to the City when compared to the ticket use of any other Designated Official. (2 CA CCR §18944.1(b)(4))
VIII. POSTING AND DISCLOSURE REQUIREMENTS
This Policy shall be maintained as a public record and prominently posted on the City's website.
A. Within forty-five (45) days of distributing any ticket or pass pursuant to this Policy, the City Manager or designee shall complete and cause to be posted on an FPPC Form 802, or other form as may be designated by the FPPC for this purpose, on the City's website, with such posting to remain on the website for a period of at least seven (7) years. The posting shall conform to the requirements of 2 CA CCR §18944.1(d) et seq. 55 B. The FPPC shall be kept apprised of the current location where this policy and the City's Form 802 postings are made available online. (2 CA CCR §18944.1(c)) 56 Tickets and Passes
Distribution Policy
Section: City Council
Adopted: June 27September 23,
20222024
Resolution No. 22-1183
Last Amended: N/AJune 27, 2022
Resolution No. 22-1183
PURPOSE
The purpose of this Policy is to ensure that any ticket or pass provided to the City of Solvang ("City") by any third party, purchased or obtained directly by the City, or generated by the City, shall, if distributed to a Designated Official, be distributed in furtherance of governmental and/or public purposes, in accordance with the California Fair Political Practices Commission ("FPPC") Regulation 18944.1.
I. DEFINITIONS
For purposes of this Policy, the following words, terms, and phrases shall have the following meanings:
A. "Designated Official" shall mean any officer or employee who is designated in the City's Conflict of Interest Code because their position entails the making or participation in the making of decisions which may have a foreseeable material effect on their financial interests within the City.
Designated Officials are those that are required to file FPPC Form 700.
B. "Gift" shall have the meaning set forth in Government Code §82028.
C. "Immediate family" shall have the meaning set forth in Government Code §82029.
D. "Third party" shall mean the source of any ticket or pass, other than the City.
E. "Ticket" or "pass" shall mean any ticket, pass, etc. that provides admission to a facility, event, show, or performance for entertainment, amusement, recreation, or other similar purposehave the meaning set forth in California Code of Regulations, Title 2, §18946.
II . ADMINISTRATION OF POLICY
The City Manager or designee shall be responsible for administering this Policy.
III. TICKETS AND PASSES DISTRIBUTION POLICY
This Policy governs the distribution of complimentary tickets/passes received, purchased, or generated by the City to a facility, event, show, or performance for entertainment, amusement, recreational or similar purposes. This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as they now exist or hereafter may be added or amended, including definitions.
Only Designated Officials shall be eligible to receive tickets or passes in accordance with the provisions of this policy.
All tickets and passes distributed to a Designated Official by the City shall be subject to the following provisions:
A. The City shall not accept from any third party any ticket or pass that is specifically earmarked for use by a particular Designated Official whether by name or position (2 CA CCR §18944.1(a)(3)) 57 B. The City Manager or designee shall document in writing the receipt of all tickets and passes provided to the City by a third party.
C. Tickets and passes shall only be provideddistributed to Designated Officials by the City Manager or designee forto accomplish a legitimate public purpose of the City, as set forth in this Policy. (2 CA CCR §18944.1(b)(2))
D. The City Manager or designee shall decide in their sole discretion, consistent with this Policy, which Designated Officials should be provided with a ticket or pass. (2 CA CCR §18944.1(a)(4))
IV. LEGITIMATE PUBLIC PURPOSES
Any ticket or pass provided to a Designated Official by the City shall not constitute a gift if provided and used by the Designated Official for any of the following purposes listed below. (2 CA CCR §18944.1(b)(1))
The following list of governmental and/or public purposes the City may accomplish through the distribution of tickets/passes is illustrative rather than exhaustive:
A. Promotion of business activity, development, and/or redevelopment within the City.
B. Promotion of community resources and programs available to City residents including but not limited to those resources and programs involving charitable and non-profit organizations.
C. Promotion of City resources available to City residents.
D. Promotion of City-operated, sponsored or supported community programs.
E. Promotion of private facilities available for City residents' use including but not limited to those facilities involving charitable and non-profit organizations.
F. Promotion of City facilities available for City residents' use.
G. Promotion of City growth and development.
H. Promotion of City tourism on a local, state, national, or worldwide scale.
I. Promotion of City recognition, visibility and/or profile on a local, state, national, or worldwide scale.
J. Promotion of open government by Designated Official appearances, participation and/or availability at business and/or community events.
K. Promotion of the improvement of inter-governmental relations.
L. Promotion of special events in accordance with any City contract, including those contracts where the City as a form of consideration has required that a certain number of tickets/passes be made available for City use.
M. Attendance at events sponsored by other governmental agencies, industry groups, and nonprofit organizations for the purpose of meeting and conferring with other governmental officials or business representatives regarding issues of interest to, or affecting, the City.
N. Increasing public exposure to, and awareness of, the various recreational, cultural, and 58 educational venues and facilities available to the public within the City.
O. Encouraging or rewarding significant academic, athletic, or public service achievements by City students, residents or businesses.
P. Recognizing contributions made to the City by former or current City Council members or other City employees.
Q. For tickets or passes distributed to Designated Officials, other than a member of the governing body, the chief administrative officer of the agency, political appointee, or department head:
1. Q. Attracting and retaining highly qualified employees in the City.
2. R. Recognizing or rewarding meritorious serveservice by a City employee.
3. S. Promoting enhanced City employee performance and/or morale.
V. EXEMPTIONS
The following tickets and passes shall be exempt from the provisions of this Policy:
A. A ticket or pass received by a Designated Official directly from a third party that the Designated Official uses to perform a ceremonial role or function on behalf of the City pursuant to 2 CA CCR Section 18942(a)(13).
B. A ticket or pass received by a Designated Official from the City where both the Designated Official and the City treat and report the value of the ticket or pass as income consistent with applicable state and federal income tax laws and the ticket is reported as income pursuant to the provisions of this Policy.
C. A ticket or pass for which the Designated Official reimburses the City within thirty (30) days of receipt.
VI. PROHIBITION AGAINST TRANSFER
A Designated Official who receives a ticket or pass pursuant to this Policy for his or her personal use is prohibited from transferring or selling the ticket or pass to any other person, except the Designated Official may transfer the ticket or pass to a member of the Designated Official's immediate family solely for their personal useImmediate Family, or to notno more than one guest, solely for the purpose of attending the event, provided such transfer to an immediate familyImmediate Family member or one guest satisfies a legitimate public purpose as outlined above and is approved by the City Manager or his/her designee. (2 CA CCR §18944.1(b){(3))
VII. PROHIBITION AGAINST DISPROPORTIONATE USE
To ensure fair allocation of the benefit of tickets given to the City, no Designated Official shall disproportionately use tickets given to the City when compared to the ticket use of any other Designated Official. (2 CA CCR §18944.1(b)(4))
VIII. POSTING AND DISCLOSURE REQUIREMENTS
This Policy shall be maintained as a public record and prominently posted on the City's website.
A. Within forty-five (45) days of distributing any ticket or pass pursuant to this Policy, the City Manager or designee shall complete and cause to be posted on an FPPC Form 802, or other form as may be designated by the FPPC for this purpose, on the City's website, with such posting to 59 remain on the website for a period of at least seven (7) years. The posting shall conform to the requirements of 2 CA CCR §18944.1(d) et seq.
B. The FPPC shall be kept apprised of the current location where this policy and the City's Form 802 postings are made available online. (2 CA CCR §18944.1(c)) 60 Document comparison by Workshare 10.0 on Wednesday, September 18, 2024 10:04:45 AM
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61 62
Code of Ethics for
City Council and
Advisory Bodies
Section: City Council
Adopted: September 23, 2024
Last Amended: November 12, 2002
I. PURPOSE
To establish guidelines for the Code of Ethics for Elected and appointed Officials.
II. INTRODUCTION
The citizens and businesses of Solvang are entitled to have fair, ethical and accountable local government, which has earned the public's full confidence for integrity. In keeping with the City of Solvang's commitment to excellence, the effective functioning of democratic government, therefore, requires that:
• Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government. • Public officials be independent, impartial, and fair in their judgment and actions. • Public office is used for the public good, not for personal gain. • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Solvang City Council has adopted a Code of Ethics for members of the City Council and of the City's Advisory Bodies to assure public confidence in the integrity of local government and its effective and fair operation.
1. Acts in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Solvang and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Solvang City Council or Advisory Bodies.
2. Comply with the Law
Members shall comply with the laws of the nation, the State of California, and the City of Solvang in the performance of their public duties. These laws include but are not limited to the United States and California constitutions, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government and City ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Advisory bodies and the staff or public.
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council and Advisory Bodies governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff.
5. Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all public 63 discussions before the body and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than unrelated considerations.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or Advisory Bodies, which they may have received from sources outside of the public decision-making process.
8. Conflict of Interest
To assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest. Members shall recuse themselves when they have a material conflict of interest consistent with the Political Reform Act and associated regulations. Members shall also recuse themselves from quasi-judicial decisions when the member cannot be a disinterested, unbiased decision maker under the circumstances.
9. Gifts and Favors
Members shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that is not available to the public in general. They shall refrain from accepting gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or even give the appearance of being compromised.
10. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
11. Use of Public Resources
Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City, nor shall members of Advisory Bodies appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy
Members shall represent the official policies or positions of the City to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Solvang, nor will they allow the inference that they do.
14. Policy Role of Members
Members shall respect and adhere to the council-manager structure of Solvang City government as outlined by the Solvang Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, Advisory Bodies and City staff.
64 Except as provided by the Municipal Code, members, therefore, shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
15. Independence of Advisory Bodies.
Because of the value of the independent advice of boards, commissions and committees to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Advisory Body proceedings.
16. Positive Work-Place Environment
Members shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the City, the Solvang Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, a copy of the Code of Ethics shall be distributed to all candidates for City Council, applicants to Advisory Bodies, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of Solvang Code of Ethics.
18. Compliance and Enforcement
The Solvang Code of Ethics expresses standards of ethical conduct expected for members of the Solvang City Council, boards, commissions, and committees. Members themselves have the primary responsibility to ensure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of government. 65 MODEL OF EXCELLENCE
Solvang City Council and Advisory Body Members
Member Statement
As a member of the Solvang City Council or of a Solvang Advisory Body, I agree to uphold the Code of Ethics for officials adopted by the City and conduct myself by the following model of excellence. I will:
A. Recognize the worth of individual members and appreciate their individual talents, perspectives and contributions.
B. Help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential.
C. Conduct my personal and public affairs with honesty, integrity, fairness and respect for others.
D. Respect the dignity and privacy of individuals and organizations.
E. Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit.
F. Avoid and discourage conduct which is divisive or harmful to the best interests of Solvang.
G. Treat all people with whom I come in contact in the way I wish to be treated.
I affirm that I have read, understand, and will abide by the City of Solvang Code of Ethics.
Signature Date
Name
Office/Position
Per Council decision September 23, 2024, this form is to be signed every two years 66 Code of Ethics for
City Council and
Advisory Bodies
Section: City Council
Adopted: September 23, 2024
Last Amended: November 12, 2002
Last Amended:
I. PURPOSE
To establish guidelines for the Code of ConductEthics for Elected and appointed Officials.
II. INTRODUCTION
The citizens and businesses of Solvang are entitled to have fair, ethical and accountable local government, which has earned the public's full confidence for integrity. In keeping with the City of Solvang's commitment to excellence, the effective functioning of democratic government, therefore, requires that:
Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.
Public officials be independent, impartial, and fair in their judgment and actions. Public office is used for the public good, not for personal gain. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Solvang City Council has adopted a Code of Ethics for members of the City Council and of the City's Advisory Bodies to assure public confidence in the integrity of local government and its effective and fair operation.
1. Acts in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Solvang and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Solvang City Council or Advisory Bodies.
2. Comply with the Law
Members shall comply with the laws of the nation, the State of California, and the City of Solvang in the performance of their public duties. These laws include but are not limited to the United States and California constitutions, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of government and City ordinances and policies.
3. Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Advisory bodies and the staff or public.
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council and Advisory Bodies governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff. 67 5. Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than unrelated considerations.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under consideration by the Council or Advisory Bodies, which they may have received from sources outside of the public decision-making process.
8. Conflict of Interest
To assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest. Members shall recuse themselves when they have a material conflict of interest consistent with the Political Reform Act and associated regulations. Members shall also recuse themselves from quasi-judicial decisions when the member cannot be a disinterested, unbiased decision maker under the circumstances.
9. Gifts and Favors
Members shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that is not available to the public in general. They shall refrain from accepting gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or even give the appearance of being compromised.
10. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
11. Use of Public Resources
Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City, nor shall members of Advisory Bodies appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy
Members shall represent the official policies or positions of the City to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Solvang, nor will they allow the inference that they do.
14. Policy Role of Members
Members shall respect and adhere to the council-manager structure of Solvang City government as outlined by the Solvang Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, Advisory Bodies and City staff.
68 Except as provided by the Municipal Code, members, therefore, shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
15. Independence of Advisory Bodies.
Because of the value of the independent advice of boards, commissions and committees to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Advisory Body proceedings.
16. Positive Work-Place Environment
Members shall support the maintenance of a positive and constructive workplace environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the City, the Solvang Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.
For this reason, a copy of the Code of Ethics shall be distributed to all candidates for City Council, applicants to Advisory Bodies, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of Solvang Code of Ethics. In addition, the Code of Ethics shall be reviewed annually by City Council, and the City Council shall consider recommendations from Advisory Bodies and update it as necessary.
18. Compliance and Enforcement
The Solvang Code of Ethics expresses standards of ethical conduct expected for members of the Solvang City Council, boards, commissions, and committees. Members themselves have the primary responsibility to ensure that ethical standards are understood and met and that the public can continue to have full confidence in the integrity of government. 69 MODEL OF EXCELLENCE
Solvang City Council and Advisory Body Members
Member Statement
As a member of the Solvang City Council or of a Solvang Advisory Body, I agree to uphold the Code of Ethics for officials adopted by the City and conduct myself by the following model of excellence. I will:
A. Recognize the worth of individual members and appreciate their individual talents, perspectives and contributions.
B. Help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential.
C. Conduct my personal and public affairs with honesty, integrity, fairness and respect for others.
D. Respect the dignity and privacy of individuals and organizations.
E. Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit.
F. Avoid and discourage conduct which is divisive or harmful to the best interests of Solvang.
G. Treat all people with whom I come in contact in the way I wish to be treated.
I affirm that I have read, understand, and will abide by the City of Solvang Code of Ethics.
Signature Date
Name
Office/Position
Per Council decision September 23, 2024 this form is to be signed every two years 70