Window Lettering. The name of the business or establishment painted directly on the inside or outside surface of a glass window pursuant to section 11-13-10(E) of this chapter. Only the name of the business and/or logo is permitted, and is calculated into the allowable square footage maximums.
Window Painting. A border type design painted directly on the inside or outside surface of a glass window, pursuant to section 11-13-7(A)(19) of this chapter. Requires design review committee review and approval. Shall not be included into the allowable square footage maximums.
Window Sign. Any sign printed, attached, glued or otherwise affixed to or behind a window within the display area or within four feet, whichever is greater, and designed to be viewed from adjoining streets, walkways, malls or parking lots available for public use. § 11-13-20 Flag regulations.
A. Purpose. Without adequate regulation, flags may endanger the public, distract drivers, create confusion, and foster a negative image of the city on the part of the public. An excessive number of flags can damage view corridors, diminish property values, and detrimentally effect the quality of life of city residents and visitors. The city also relies on the old-world Danish design theme to attract tourism and commerce. These regulations are intended to provide flag standards that advance the city's interests in traffic safety, community aesthetics, and economic development.
B. Applicability.
1. This section includes the standards applicable for all flags in the city;
2. Sections 11-13-1 through 11-13-15, and 11-13-18 of the Solvang Municipal Code shall not apply to flags, as that term is defined in section 11-13-19;
3. This section shall apply to all property and land within the jurisdiction of the city of Solvang.
C. Permit Required. Except for flags stated in subsection D of this section, it is unlawful for any person, firm, or corporation to construct, erect, install, affix, alter, modify, relocate, display or allow a flag to exist on any property or land within the jurisdiction of the city of Solvang, without obtaining a permit for such flag in conformance with this section.
D. Exemption. Flags meeting the following requirements are exempt from this chapter and do not require a flag permit:
1. Flags that meet the requirements of this chapter in residential zones;
2. Flags approved as part of a special event;
3. Temporary flags approved as part of civic events for the duration of the civic event.
E. Prohibited Flags.
1. All pennant and feather flags.
2. Any flag with a structural shape that has an interior volume when articulated by the wind, including a device commonly known as a windsock and all similar such structural flags. 220
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map F. Application Requirements. Any person, firm or corporation desiring to construct, erect, install, affix, alter, modify, relocate, display, or allow to exist, a flag, other than flags exempt under subsection D, shall submit a flag permit application, supporting information, and submittal fee to the planning division.
1. The application form and list of required supporting information shall be provided by the planning division.
2. The application fee shall be set by resolution of the city council.
3. If an exception pursuant to subsection K to the flag standards is requested, the application shall include the reasons the exception is requested and, if a tenant of a property is the applicant, include a signed statement of consent to the exception by the owner of the property.
G. Application Processing.
1. The planning division staff shall review the flag permit application supporting information and determine completeness. Applications for flags may be submitted as part of an application for signs.
2. No flag application will be accepted if any of the following provisions apply:
a. The flag has been installed in violation of the provisions of this chapter and the application does not include an affidavit signed by the property owner providing that the flags will be brought into conformance regardless of the consequences of the submitted application.
b. The flag permit application is substantially the same as an application previously denied by the planning manager, or the design review committee, or on appeal by the city council, unless: (i) 12 months have elapsed from the date of the decision on the application; or (ii) new evidence of proof of changed conditions is furnished in the new application.
H. Planning Manager Review. The planning manager shall take action to approve, conditionally approve or deny all applications for a flag permit. Notwithstanding the foregoing, the planning manager shall refer any flag application requesting an exception pursuant to subsection K to the design review committee. In lieu of denial of an application, the planning manager, in their discretion, may refer a sign application to the design review committee.
I. Design Review Committee Review.
1. The design review committee shall review and take action to approve, conditionally approve or deny all flag permit applications requesting an exception pursuant to subsection K.
2. The design review committee shall consider flag permit applications requesting an exception to the flag standards at a public meeting and provide notice of the time and place of the meeting to the applicant and the owner of the property, if not the applicant.
J. Standards for Flags and Required Findings. The planning manager shall approve a flag application if the planning manager finds the requested flags meet the following standards:
1. Number of Flags. When mounted with separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning 221
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map manager, no more than two flags of any mounting method shall be allowed per building.
No more than two in-ground flag poles may be erected per lot.
2. Maximum Size of Flags. The flag, or two flags collectively, permitted per building shall not exceed 40 square feet in size or the maximum square footage in size the planning manager determines is proportional to the size of the in-ground pole, building mounted bracket, or other mounting device proposed by the applicant such that the flag(s) will be safely affixed, whichever is smaller.
3. Mounting. Subject to the limitations in subsection (J)(1), flags may be mounted on inground flag poles, separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning manager.
4. Maximum Height.
a. In-ground flag poles shall not exceed 39 feet from the natural grade. b. Brackets affixed to a building shall not protrude more than four feet laterally from building and shall be affixed to the building at a height such that no portion of the flag or mounting device shall extend higher than the roofline of the building. c. Flags affixed to a building with some other mounting device acceptable to the planning manager shall be affixed at a height such that no portion of the flag or the mounting device extends higher than the building roofline.
5. Avoidance of Obstruction.
a. No portion of any flag shall block windows, doors or touch the ground. b. Flags shall not obscure the view of existing permitted signs or flags. c. Flags shall be mounted on buildings, either directly or on brackets, so as to provide a minimum of seven feet of clearance between the bottom of the flag and any walkway or passageway.
6. Included in Maximum Sign Square Footage. Flags shall be included in and count toward the maximum square footage of signs allowed in sections 11-13-8 and 11-13-9.
7. Lettering. Any lettering shall not exceed eight inches height.
8. Illumination. Flags may be illuminated in compliance with section 11-12-18 of this code.
K. Exceptions to Flag Standards. Flags that do not meet the standards of this section may be permitted if the design review committee makes both of the following findings:
1. The specific standard(s) of this section for which an exception is requested, cannot be met due to exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning, such as, but not limited to, the presence of a legal, nonconforming use; visual obstructions; unusual building location or setback; or unusual building design, architectural style, or historic significance and all other applicable standards of this section are met.
2. The exception is content-neutral, based on objective criteria, consistent with the intent and purpose of the flag regulations and will not constitute a special privilege or entitlement inconsistent with the limitations applied to other properties in the vicinity with the same zoning.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map L. Appeals. Appeals shall be in writing and filed with the planning division within 10 calendar days of the decision being appealed. The applicant or any interested person may appeal decisions concerning flag applications as follows:
1. Appeals to the Design Review Committee. A decision by the planning manager on a flag application may be appealed to the design review committee. A hearing shall be held by the design review committee within 30 days of the date the appeal was filed.
2. Appeals to the City Council. Any decision on a flag application, whether an initial decision or on appeal from the planning manager, may be appealed to the city council pursuant to title 1, chapter 6 of this code.
3. Judicial Review. An action of the city council is subject to judicial review under California Code of Civil Procedure section 1094.8. Any such action must be commenced no later than 90 days after notice of a city council decision.
M. Expiration. An approved flag application associated with a land use application shall expire after six months from the date of approval if no land use approval has been issued. The planning manager may grant a six-month extension if the applicant is in substantial compliance with the approved application.
N. Noncurrent, Abandoned or Unsafe Flags. Section 11-13-16 shall apply to all noncurrent, abandoned or unsafe flags.
O. Enforcement and Penalties. Section 11-13-17 shall apply to all flags in the city. Any person, firm or corporation with existing flags erected, installed, affixed, displayed or otherwise existing on property shall come into compliance with this Section 90 days from the effective date of the ordinance codified in this section.
223
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 14
Adult-Oriented Businesses
It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adultoriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas. §11-14-2 Definitions.
Adult-Oriented Businesses. Any one of the following:
1. Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
2. Adult Bookstore. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
3. Adult Cabaret. A nightclub, restaurant or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear seminude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
4. Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases or lets any room for less than a six hour period, or rents, leases or lets any single room more than twice in a 24 hour period.
5. Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, computer generated images, motion pictures video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
6. Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
7. Modeling Studio. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education, nor a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit or make available "specified sexual activities." 224
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Distinguished or Characterized by an Emphasis Upon. Refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
Establishment of an Adult-Oriented Business. Includes any of the following:
1. The opening or commencement of any adult-oriented business as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adultoriented business defined herein;
3. The addition of any of the adult-oriented businesses defined herein to any other existing adultoriented business; or
4. The relocation of any such adult-oriented business.
Regularly Features. With respect to an adult theater or adult cabaret, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 day period; three or more occasions within a 60 day period; or four or more occasions within a 180 day period, shall, to the extent permitted by law, be deemed to be a regular and substantial course of conduct.
Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Specified Anatomical Areas. Includes any of the following:
1. Less than completely and opaquely covered human: (a) genitals or pubic region, (b) buttocks, and (c) female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3. Any device, costume or covering that simulates any of the body parts included in subsection 1 or 2 of this definition.
Specified Sexual Activities. Includes any of the following, whether performed directly or indirectly through clothing or other covering:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated;
4. Excretory functions as part of or in connection with any of the other activities described in subsections 1 through 3 of this definition.
§11-14-3 Location restrictions.
No adult-oriented business shall be established or located in any zone in the city other than an Light Industrial (LI) Zone.
§11-14-4 Amortization of nonconforming uses.
A. Amortization Periods. Any use of real property existing on January 1, 2000, which does not conform to the provisions of section 11-14-3 of this chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until December 31, 2000. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the hearing officer in accordance with the provisions of subsection B of this section.
1. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming status of 225
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map such use.
2. Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and, which is located in the city, but which does not conform to the provisions of section 11-14-3 of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the provisions of subsection B of this section.
B. Extension of Time. The owner or operator of a nonconforming use as described in subsection A of this section may apply under the provisions of this section for an extension of time within which to terminate the nonconforming use.
1. Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of section 11-14-3 of this chapter may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city clerk at least 90 days but no more than 180 days prior to the time established in subsection A of this section for termination of such use.
2. Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.
3. Hearing Procedure. The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6.
4. Approval of Extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:
a. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this chapter;
b. The applicant will be unable to recoup said investment as of the date established for termination of the use; and
c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with section 11-14-3 of this chapter. 226
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 15
Nonconforming structures and uses
§11-15-1 Purpose and Intent.
Within the zones established by this zoning code, or amendments that may later be adopted, there exist lots, structures and uses which were lawful prior to the adoption, revision or amendment of this title, or previously adopted city zoning ordinances, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. It is the intent of this title to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions. It is further the intent of this title to prevent nonconforming uses and structures from being enlarged, expanded or extended, or being used as grounds for adding other structures or uses prohibited by the zone in which the nonconformity is located.
§11-15-2 Nonconforming Use of Land, Buildings and Structures.
A nonconforming use may be continued subject to the following regulations, so long as such use remains otherwise lawful:
A. Structural Change. No existing building or structure devoted to a nonconforming use under this title shall be enlarged, extended, reconstructed, moved or structurally altered unless such use is changed to a use permitted in the zone in which it is located. No building or structure accessory to a nonconforming use under this title shall be erected, enlarged or extended unless such building or structure is also accessory to a conforming use.
B. Extension or Expansion. A nonconforming use may be extended throughout an existing building provided no structural alterations except those required by law or ordinance (i.e., building code regulations) are made therein. No nonconforming use shall be extended to occupy any land outside such building. No existing nonconforming use of land outside buildings, or involving no buildings, shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, or moved to any portion of the lot not occupied by such nonconforming use at such time.
C. Change of Use. A nonconforming use may only be changed to a conforming use.
D. Termination by Abandonment.
1. Nonconforming use. If a nonconforming use is discontinued for a continuous period of thirty (30) or more days in any zone, the planning manager shall make a determination of discontinuance based on evidence such as the removal of equipment, furniture, machinery, inventory, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or lack of business records to document continued operation.
2. Extensions of nonconforming uses or structures. An applicant can file an application for a Conditional Use Permit (Section 11-16-6) before the expiration of the abandonment period to extend the life of the nonconforming use. The review authority may approve a Conditional Use Permit to allow an extension, if it finds that circumstances of a significant or unusual nature prevent or have prevented the timely re-establishment of the use or structure.
3. Termination. Once the rights to a legal nonconforming status have terminated, any further use of the site or structure shall comply with the current standards of the applicable zone and all other applicable provisions of the zoning code.
E. Termination by destruction. Nonconforming status shall terminate if more than fifty (50) percent of the appraised value of the structure or use is destroyed. In such case, the structure or use shall be rebuilt, restored, reestablished or reoccupied in conformance with the standards of the zone in which it is located, or be removed completely within 180 days of the occurrence of the damage or destruction.
§11-15-3 Nonconforming Buildings and Structures.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map If a building or structure is conforming as to use but nonconforming as to setbacks, height, lot coverage, parking or other requirements concerning the building or structure, such structure may remain so long as it is otherwise lawful, subject to the following regulations.
A. Extension or Expansion. A nonconforming structure may be enlarged, extended, moved or structurally altered provided that any such extension, enlargement, etc., complies with the setback, height, lot coverage, parking and other requirements of the zone in which such structure is located.
B. Damage.
1. If a nonconforming structure is damaged by fire, flood, earthquake or other natural disaster, it may be reconstructed to the same or lesser size on the same site provided such reconstruction commences within 12 months of the time of the damage and is diligently carried to completion. Nothing in this section shall be deemed to exempt such reconstruction from applicable building codes in effect at the time of reconstruction.
2. When the reconstruction permitted in subsection (B)(1) of this section does not commence within the specified 12 months, such structure shall not be reconstructed except in conformance with the regulations of this title. §11-15-4 Construction in Progress.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or any amendment of this title rendering the building or structure or its use nonconforming and upon which actual construction has been diligently carried on. "Actual construction" is hereby defined to mean the placing of construction materials in permanent position and fastened in a permanent manner.
§11-15-5 Expansion of Nonconforming Uses Prohibited.
An expansion of or change in a nonconforming use of buildings or land or both, not expressly permitted under and in strict accordance with the terms of this zoning code and especially this chapter nor required by law, may be ordered terminated by the city council. §11-15-6 Exceptions.
A. Interpretation. Applications for exceptions from the strict interpretation of this section may be made to the Planning Commission. The Commission shall hold a public hearing to consider the application for the exception and shall either approve the application with any appropriate conditions or deny the application.
B. Reconstruction or replacement. A nonconforming structure involuntarily damaged or destroyed as a result of an accident or by an event outside of human control, such as an earthquake, fire, or flood, may be reconstructed or replaced with a new structure with the same footprint, height, and/or number of dwelling units with Conditional Use Permit approval and in compliance with current Building and Fire Code standards in effect at the time of building permit application.
C. Findings. The Commission may make exceptions in compliance with this section only after making the following findings:
1. That the structure was erected in compliance with the existing codes of the City which were in effect at the time that the structure was erected; and
2. That the granting of an exception will not substantially alter the intention of the existing zoning standards for the zone within which the structure is located. 228
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 16
Permit procedures
§11-16-1 Permit Application Filing and Processing
A. The purpose of this section is to set forth permit procedures and requirements for the preparation, filing, and processing of development applications required by this Zoning Code.
The development review process is designed to provide a consistent and efficient method for the City to implement its General Plan and other adopted goals, policies, and standards.
B. Authority for Land Use Decisions. Table 11.14 identifies the review authority responsible for reviewing and making decisions on each type of Planning Application required by this Zoning Code.
C. Application Content. All planning applications shall be filed with the department on a city application form, together with all required fees and/or deposits, the indemnification agreement required by section 11-16-2, all other information and materials specified in the department’s handouts and/or checklists submittal requirements for the specific type of application and any Table 11.14 Review Authority
Type of Action Code
Section
Review Authority1
Planning
Manager DRC Planning Commission
City
Council
General Plan
Amendment
Recommend -- Recommend Decision
Zoning Code
Amendment
11-17-1 Recommend Recommend2 Recommend Decision
Development
Permit
11-16-5 Recommend Recommend3 Decision Appeal
Conditional Use
Permit
11-16-6 Recommend Recommend3 Decision Appeal
Variance 11-16-7 Recommend Recommend3 Decision Appeal
Specific Plan1 11-16-9 Recommend -- Recommend Decision
Zoning
Clearance
11-16-4 Decision4 -- -- --
Short Term
Rental Permit
11-12-30 Decision -- Appeal Appeal
Temporary Use
Permit
11-16-8 Decision -- Appeal Appeal
Interpretations 11-2-5 Decision -- Appeal Appeal
Sign Permit 11-13-12 Recommend Decision -- Appeal
Note:
1. The review authority responsible for reviewing and making decisions on each type of permit shall be responsible for making any applicable CEQA determination. A CEQA determination may be appealed.
2. The DRC shall provide a recommendation on amendments to all design standards, building form, etc. within Village Design District Overlay (DD-1) and the Mission Design District (DD-2). All other zoning code amendments do not require DRC recommendation.
3. The DRC is to provide a recommendation for non-residential and mixed-use applications where applications propose new construction or additions greater than 500 square feet. No DRC recommendation is required for residential projects, or conversions to residential where no exterior structural improvements are proposed.
4. The planning manager’s decision under a Zoning Clearance is a ministerial action and not subject to an appeal.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map additional instructions provided by the planning manager. The department will prepare required forms and checklists.
D. Application Review.
1. Determination of completeness. The planning manager or their designee shall review each application for completeness and accuracy before it is considered officially filed.
The planning manager’s determination of completeness shall be based on the Department’s submittal requirements, including checklists and any additional instructions provided by the planning manager.
a. Notification of applicant. As required by Government Code Section 65943, not later than thirty (30) calendar days after the filing of the application, the applicant shall be informed in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided to complete the application process. b. Appeal of determination. Where the planning manager has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the planning manager is not required, the applicant may appeal the determination in compliance with Section 11-17-3 (Appeals).
c. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
d. Expiration of application. If an applicant fails to provide the additional information specified in the incompleteness letter within one (1) year of the notice of incomplete, the application shall expire and be deemed withdrawn.. This subsection 11-16-1.D.1.4 shall not apply to formal SB 330 applications for housing development projects which are addressed in subsection 11-16-3.F. e. Environmental information. After an application has been accepted as complete, the planning manager may require the applicant to submit additional information needed for the environmental review of the development.
E. Application Fees.
1. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this zoning code, which shall be listed in the City's Master Fee Schedule. Fees are intended to allow recovery of all costs incurred by the City in processing development applications.
2. Timing of payment. The City will not process an application until all required fees or deposits have been paid. If at any time during the review process deposits are insufficient to cover the City’s costs of processing the application, the City shall cease processing until additional funds are submitted.
3. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Fees are not refundable in the event of denial by the review authority. In the case of a withdrawal, the planning manager may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal.
F. Eligibility to Submit an Application. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the planning manager on behalf of the Council. Proposed development on appurtenant easements that an applicant controls as identified by a Title Report shall not require signature of the underlying easement holder. §11-16-2 Indemnification
A. Applicant Agreement. At the time of submitting a development application, the applicant shall agree to defend, indemnify, and hold harmless the City and its agents, attorneys, employees, 230
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map and officers, from any action, claim, loss, or proceeding brought against the City or its agents, employees, and officers to attack, set aside, void, or annul a discretionary land use approval of the City. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action. A development application shall be deemed incomplete without an executed agreement pursuant to this subsection.
B. City Notification of Applicant. In the event that an action, claim, or proceeding referred to in Subsection A. above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.
C. City Participation in Defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding, if the City elects to bear its own attorney's fees and costs.
§11-16-3 Pre-Application Review / Conference
A. An applicant may submit a pre-application review with the planning manager before completing and filing a planning application for major development applications (e.g., residential subdivisions greater than 5 units, mixed-use projects, large non-residential projects, etc.), or to ensure conformity with objective design standards prior to building permit submittal for projects that may be approved with a zoning clearance as provided in Section 11-16-4.
B. The purpose of the review for a pre-application project is to:
1. Inform the applicant of development and design standards as they apply to the proposed development;
2. Review the city’s permit process, possible development alternatives, or modifications;
3. Identify information and materials the city typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable); and
4. Allow for a presentation to a review authority to receive feedback on a conceptual project design.
C. The purpose of the pre-application review for a project that requires a zoning clearance is to provide verification that the proposed project is in conformance with objective development and design standards or identify which standards are not in compliance with the zoning code. The applicant may re-submit for an additional review and pay the required fee as established in the Master Fee Schedule.
D. Failure by city staff to identify all required studies or all applicable standards does not constitute a waiver of those studies or standards.
E. The pre-application review shall not be construed as either a recommendation for approval or denial of the application by the city.
F. SB 330 Preliminary Application for Housing Development Projects. The SB 330 preliminary application review process was established by the Housing Crisis Act of 2019. The option to submit a preliminary application shall sunset on January 1, 2030, unless extended by or otherwise required by state law. The following outlines the process to be followed:
1. In compliance with Government Code Section 65941.1, a proponent of a housing development project, as that term is defined in state law, may submit a preliminary application. All of the information listed in the City’s SB 330 preliminary application form and payment of the preliminary application processing fee shall be submitted to the City.
2. If, after submission of a preliminary application with all of the information required by state law, the project proponent revises the project to change the number of residential units or square footage of construction by 20 percent or more, exclusive of any increase 231
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision under State Density Bonus Law, the proponent shall not be deemed to have submitted a preliminary application that satisfies the State and city requirements, until the project proponent resubmits the required information and the preliminary application shall be dated as of the resubmission date.
3. The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a preliminary application that contained all of the information required by state law. If the city determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within 90 days of receiving the city’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.
§11-16-4 Zoning Clearance
A. Purpose. This section provides a procedure for issuing Zoning Clearances, which are used to verify that a proposed use or structure complies with the allowed uses and development standards applicable to the type of use or the zone of the subject parcel.
B. Applicability. Zoning Clearance is required to verify that all requirements of this Zoning Code have been satisfied for any permitted (“P”) land use allowed by Chapters 5 through 9 of the Zoning Code where no discretionary permit approval to establish the use or development is required. In addition, the following require Zoning Clearance:
1. Additions to existing dwelling units.
2. Additions to existing multi-unit dwellings.
3. Additions to commercial/industrial buildings that are less than 500 square feet.
4. A “reconfiguration” of an architectural feature that does not modify the previously approved theme or plan for an approved planning application.
5. Restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project nor change the vehicle circulation patterns, unless otherwise required to comply with Americans with Disabilities Act (ADA) requirements.
6. Color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project.
7. New single-unit dwelling.
8. New two-unit housing development/duplexes (SB-9).
9. Accessory Dwelling Units.
10. Junior Accessory Dwelling Units.
11. Interior remodels with no proposed exterior improvements.
12. Conversion of non-residential space for up to four (4) units where no external improvements are proposed with the exception of required ingress and egress improvements, and other improvements necessary to meet fire code and building code requirements.
13. Proposed re-roofs in the DD-1 and DD-2 district that meet objectives standards in Chapter 10A.
14. Proposed building re-paintings within the DD-1 and DD-2 district that adhere to color palette schemes in the adopted Design Handbook.
15. Public Works projects in the Public/Institutional zone.
16. As otherwise required by this Zoning Code.
17. Two-Unit Developments
C. Review Authority. Zoning Clearance is conducted by the planning manager or their designee and is not subject to an appeal.
D. An application for Zoning Clearance shall be prepared, filed, and processed in compliance with Section 11-16-1 to comply with the following:
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1. A Zoning Clearance shall be filed concurrently with the Building Permit application, if applicable. An applicant may file a Pre-Application (Section 11-16-3) for a preliminary assessment of whether a contemplated project would comply with the objective development and design standards of the Zoning Code.
2. No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use without first applying for and obtaining the required Zoning Clearance.
E. Notice and Hearing. A public notice and hearing shall not be required for the planning manager’s decision on Zoning Clearances.
F. Approval. The planning manager shall issue the Zoning Clearance after first determining that the proposed development or improvement:
1. Complies with all of the applicable provisions, requirements, and standards for the category of use and the zone of the subject parcel;
2. Demonstrates compliance with any previously issued conditions of approval affecting the use on the subject parcel;
3. Demonstrates compliance with the Zoning Code and other applicable City standards; and
G. Conditions of Approval. The planning manager’s decision on a Zoning Clearance shall not impose any conditions of approval.
§11-16-5 Development Permit.
A. Purpose. This section establishes procedures for Development Permits for new developments and major additions to ensure that all development and design standards are met that may be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.
B. Applicability. The following types of projects require approval of a Development Permit (a Conditional Use Permit approval may also be required for a defined land use within this zoning code):
1. Residential development projects with two or more dwelling units.
2. Mixed-use development projects.
3. New non-residential development or redevelopment.
4. Additions to non-residential buildings greater than 500 square feet, or additional stories to non-residential buildings.
5. Conversion of a dwelling to commercial use.
6. Conversions of non-residential space to five (5) or more dwelling units.
7. As required by other sections of this zoning code.
C. Review Authority. The planning commission is authorized to approve, conditionally approve, or deny Development Permit applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.
D. Application requirements. An application for a Development Permit shall be prepared, filed, and processed in compliance with Section 11-16-1.
E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-2 for planning commission meetings only.
F. Findings. The Planning Commission may approve a development permit application only after making all of the following findings:
1. The proposed development is consistent with the general plan, this zoning code, and other city goals, policies, and standards, as applicable.
2. For non-residential development, the subject site is physically suitable for the proposed 233
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map development in terms of design, operating characteristics, shape, size, and topography.
3. The proposed development will not constitute a hazard to the public, health, safety, or welfare.
G. Conditions of Approval. When approving a development permit, the planning commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F.
§11-16-6 Conditional Use Permits.
A. Purpose. This section establishes procedures for conditional use permits for developments and uses that may only be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.
B. Applicability. A conditional use permit is required to authorize land uses as specified in Chapters 5 through 9 of this zoning code or as required by other Sections of this zoning code.
C. Review Authority. The planning commission is authorized to approve, conditionally approve, or deny conditional use permit applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.
D. Application Requirements. An application for a conditional use permit shall be prepared, filed, and processed in compliance with Section 11-16-1.
E. Notice and Hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-2 for planning commission meetings only.
F. Findings. The planning commission may approve a conditional use permit only after making all of the following findings:
1. The proposed development is consistent with the general plan, this zoning code, and other city goals, policies, and standards, as applicable.
2. For non-residential uses, the subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.
3. The type, and intensity of use being proposed will not constitute a hazard to the public, health, safety, or welfare.
§11-16-7 Variances.
A. Purpose and Intent. The purpose and intent of this section is to allow variances from the strict application of the regulations on land, buildings and structures of this title where, because of exceptional conditions such as the size, shape, unusual topography or other extraordinary situation or condition of such piece of property, the literal enforcement of this title would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this zoning ordinance.
B. Applicability. A Variance may be granted to waive or modify any requirement of this zoning code except the following: allowed land uses, residential density, specific prohibitions (for example, prohibited signs), or procedural requirements.
C. Review Authority. The planning commission is authorized to approve, conditionally approve, or deny variance applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.
D. Application Requirements. An application for a variance shall be prepared, filed, and processed in compliance with Section 11-16-1.
E. Notice and Hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-2.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map F. Findings Required for Approval. A variance shall only be approved if all of the following are made:
1. Because of special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated.
3. That the granting of the variance will not be in conflict with the intent and purpose of the zoning code or the general pan.
4. The applicant agrees in writing to comply with all conditions imposed by the city in the granting of the variance.
G. Conditions of Approval. In approving a variance, the planning commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F.
§11-16-8 Temporary Use Permit.
A. Purpose. This section establishes procedures and standards for temporary use permits for the short-term activities specified in this section. These are activities that may not comply with particular standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this section.
B. Applicability. A temporary use permit is required to permit the short-term activities specified in this section.
C. Review Authority. The planning manager or their designee is authorized to issue temporary use permits. The planning manager shall approve, conditionally approve, or deny temporary use permits.
D. Application Requirements. An application for a temporary use permit shall be prepared, filed, and processed in compliance with Section 11-16-1.
E. Exempt Short-term Activities. The following activities are allowed without a temporary use permit, but may require other permits as specified.
1. Construction yards, On-site. On-site contractor's construction yard for an approved construction project including storage or cargo containers. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project construction, whichever occurs first.
2. Fund-raising events.
a. Fund raising events (e.g., bake sales, yard sales, car washes, etc.) conducted on property within a non-residential zone, limited to a maximum of two days per month for each sponsoring organization.
b. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with section 501(c) of the federal Internal Revenue Code.
3. Garage Sales. Garage sales may be held up to four (4) times a year on a residentially zoned property.
4. Public Right-of-way. Activities conducted within the public right-of-way that are authorized by an encroachment permit or issuance of a Special Event Permit.
5. Special Events. A special events permit shall be required in compliance with Solvang Municipal Code Chapter 8-9 if an event is anticipated or planned to be attended by more than 100 people on private property or within public right-of-way or property. The 235
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map planning manager may defer such determinations to the city manager.
6. Meeting halls or public assembly facilities. Events that occur at permanent meeting halls or public assembly facilities.
F. Allowed short-term activities. A temporary use permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Activities not included in the categories below and that are proposed to occur for no more than 12 months shall comply with the development permit requirements and development standards that otherwise apply to the property.
1. Events. Art and craft exhibits, carnivals, circuses, fairs, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events, that will have less than 100 people at any one given time. Events of more than 100 attendees shall be considered a special event under Chapter 8-9.
2. Amplified Music. Amplified Music that is an accessory use to the primary use shall be allowed if the following criteria is met:
a. The use does and not create any adverse impacts other than those normally associated with the permitted use.
b. Shall be in compliance with the City’s noise standards. c. Does not charge a fee for entry.
d. Amplified Music shall be limited to the hours of 12:00 p.m. to 8:00 p.m., and shall not exceed eighty (80) decibels (dB) on Friday, Saturday, and Sunday, as measured from the edge of the property line, and seventy (70) dB Monday through Thursday.
e. Other conditions as imposed by the planning manager consistent with subsection I.
3. Seasonal sales lots. Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.
4. Model homes & sales office. A model home(s) and/or sales office associated with a residential project. This may include off-site directional signs located on private property with written permission from the property owners. The maximum sign area shall be thirty-six (36) square feet for each sign and a maximum sign height of six (6) feet.
5. Temporary structures. A temporary office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of twelve (12) months.
6. Temporary storage containers. A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of thirty (30) days. The storage container shall be located on-site.
7. Temporary office and living quarters. A trailer or mobile home used as a temporary work and/or living quarters when associated with an active construction site.
8. Construction yards, Off-site. Off-site contractors' construction yards, for an approved non-City construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the project, whichever occurs first. A performance guarantee may be required by the public works director or the planning manager.
9. Similar short-term activities. A short-term activity that the planning manager determines is similar to the other activities listed in this section, and compatible with the applicable zone and surrounding land uses.
G. Notice and hearing. A public notice and hearing shall not be required for the planning manager’s decision on a temporary use permit.
H. Findings. The planning manager may approve a temporary use permit upon making all of the following findings:
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1. The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.
2. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.
3. The proposed lot is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.
4. The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate.
5. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.
I. Conditions of Approval. In approving a temporary use permit application, the planning manager may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection H. This may include conditions from other City departments (e.g. Public Works, Parks) and other outside agencies (e.g. Santa Barbara County Fire Department, Santa Barbara County Sheriff) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
1. Regulating the length of time for operations, operating hours and days.
2. Provision for adequate temporary pedestrian and vehicular circulation, and parking facilities.
3. Regulation of nuisance factors including mitigation of glare or direct illumination, dirt, dust, noise, odors, smoke, trash, and vibration on adjacent lots.
4. Regulation of temporary structures and facilities, including placement, height, size, and location of equipment.
5. Provision to meet City building and fire code requirements.
6. Provision for sanitary and medical facilities, as appropriate.
7. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.
8. Provision for police/security and safety measures, as appropriate.
9. Regulation of signs.
10. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly manner, and in full compliance with the purpose of this Section.
§11-16-9 Specific plans.
A. Purpose and Intent.
1. This section is based on the recognition that one parcel or a group of parcels of land which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a unit to ensure protection of valuable resources and allow maximum flexibility in site planning.
2. The purpose of the specific plan is to allow for a more precise level of planning for an area than is ordinarily possible in the general plan land use element and to provide for a mixture of uses through comprehensive site planning.
3. This section is adopted to guide the preparation of specific plans pursuant to the provisions of Government Code sections 65450 through 65457.
B. Applicability.
1. A specific plan shall not be considered adopted until a site development plan as described in subsection (C)(2) of this section, together with the required accompanying data, have been approved by ordinance or resolution of the city council after consideration at a noticed public hearing and a recommendation by the planning commission.
2. At the time of adoption of the specific plan, the city council shall determine whether the 237
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map existing zoning on the property is consistent with the specific plan. If the City Council finds that it is not consistent, then either the City or proponent of the specific plan shall initiate rezoning of the parcel(s) to bring the zoning into conformance with the specific plan.
3. After the city council adopts the specific plan, no construction shall commence on properties subject to the specific plan unless and until all required entitlements or building permits are obtained.
C. Contents of Specific Plans.
1. As many copies of a specific plan as may be required shall be submitted to the planning manager.
2. Unless specifically otherwise authorized in writing by the planning manager, the information submitted as part of the specific plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:
a. Acreage and approximate boundaries of the property;
b. Contour maps showing topography and areas proposed for major regrading; c. Approximate width and location of proposed streets and their connector roads and other major highways on surrounding property;
d. Location of areas of geologic, seismic, flood and other hazards; e. Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies and areas with significant existing vegetation; f. Location of all proposed structures including, but not limited to, residential (distinguishing between the various types of residential structures, i.e., singlefamily dwelling, duplex, apartment, condominium, etc.), industrial and recreational structures, description of the general dimensions and square footage of each of these structures, and an indication of the total number of and estimated total population for each type of dwelling unit; g. Location and amount of open space for use by prospective residents and the public;
h. Location and description of proposed recreational facilities; i. Location of parking areas;
j. A statement of intent with respect to establishment of utilities, services and facilities, including water, sewage disposal, fire protection, police protection and schools;
k. If development is to occur in stages, a general indication of the sequence and time of construction of the various phases;
l. Text of the specific plan requirements applicable to the area involved; and m. Any other supplementary data requested by the planning manager.
D. Processing.
1. The planning commission shall hold at least one noticed public hearing to consider the specific plan. Notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-2 of this zoning code.
2. The planning commission's recommendation on the specific plan shall be transmitted to the city council.
3. The City Council shall hold at least one noticed public hearing before adopting the proposed specific plan. The notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-2 of this chapter.
4. The adoption of the specific plan shall be by ordinance or via resolution of the city council.
5. After adoption of a specific plan, no permits shall be issued for construction, erection or moving in of any building, nor for grading, nor for any use of land unless completion of required additional entitlements as specified by the specific plan and/or zoning ordinance.
6. Subsequent amendments to the specific plan shall be processed in the same manner as specified for adoption of an original specific plan.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map E. Findings Required for Approval. A specific plan shall not be adopted unless all of the following findings are made:
1. The specific plan is in conformance with and will implement all applicable general plan policies and incorporates any other conditions specifically applicable to the parcels that are set forth in the plan.
2. The specific plan will not be detrimental to the health, safety, comfort, convenience and general welfare of the neighborhood.
3. The specific plan will not adversely affect necessary community services such as traffic circulation, sewage disposal, fire protection and water supply.
4. The specific plan represents sound community planning and will provide a measure of public benefit as determined by the city council.
§11-16-10 Permit Implementation.
A. This section provides requirements for the implementation of the development applications or approvals required by this zoning code.
B. Effective Date of Permits. The approval of a discretionary planning application for a development shall become effective after the tenth (10th) day following the date of application approval by the review authority, where no appeal of the review authority's action has been filed in compliance with Section 11-17-3.
C. Applications Deemed Approved. A development application deemed approved in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of the General Plan, this zoning code, and other applicable City policies and standards before a building permit is issued, or a use not requiring a building permit is established.
D. Permits to Run with the Land. Unless otherwise specified, development applications and approvals granted in compliance with this Chapter shall run with the land (property), and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of Home Occupation Permits issued pursuant to Section 11-12-12. §11-16-11 Performance Guarantee.
A. Deposit of Security.
1. The review authority or the planning manager may require the execution of a covenant or other agreement to deposit security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval.
2. The security shall, as required by law or otherwise at the option of the city, be in a form which includes but is not limited to cash, a certified or cashier’s check, letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city manager.
3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the planning manager.
4. A security required pursuant to this section shall be payable to the City of Solvang.
B. Release of Security. Upon satisfactory compliance with all applicable provisions of this section, the security deposit shall be released.
C. Failure to comply.
1. Upon failure to perform any secured condition(s), the city may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs associated with satisfying the condition.
2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the city and its agents to perform the work.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map §11-16-12 Time Limits and Extensions
A. Time Limits.
1. Unless a condition of approval or other provision of this Zoning Code or Municipal Code establishes a different time limit, any permit or approval not exercised within twenty-four (24) months of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B.
2. If a development is to be constructed in approved phases, each subsequent phase shall be exercised within twenty-four (24) months from the date that the previous phase was exercised, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection B.
3. The permit shall not be deemed "exercised" until the applicant has substantially commenced construction of the approved development or actually commenced the allowed use on the site in compliance with the conditions of approval.
B. Extensions.
1. Filing and review of request.
a. Time for filing. The applicant shall file an application for an extension of time with the planning manager or their designee before the expiration of the permit, together with the filing fee required by the City's Master Fee Schedule. The permit shall be automatically extended for sixty (60) days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last.
b. Evidence to be provided. The review authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the lot, poor weather during periods of planned construction, financial circumstances, etc.) have prevented exercising the permit.
c. Public hearing. If the original approval required a public hearing, the review authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Section 11-17-2. If the original approval did not require a public hearing, the planning manager may review and approve, conditionally approve or deny the extension of time.
2. Action on extension request.
a. A permit may be extended for three (3) additional 12-month periods beyond the expiration of the original approval provided that the review authority finds there have been no changes in the conditions or circumstances of the site or development.
b. If a project requires the issuance of a permit by the federal or state governments, or a local agency other than the City in order to be constructed, additional extensions may be granted beyond the extensions allowed in subsection 2.a, if the review authority can make a finding that the delay in the project was not caused by the applicant’s actions or failure to use due diligence in pursuing the required federal or state permits necessary to move forward with construction of the project.
§11-16-13 Changes to Approved Entitlements or Developments A. Application.
1. A development or new use allowed through a permit or approval granted in compliance with this Zoning Code shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the development are approved in compliance with this section.
2. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the development (e.g., hours of operation, expansion of a 240
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map use, etc.) proposed by the applicant or approved by the review authority.
3. Changes may be requested before or after construction, establishment, or operation of the approved use but no changes shall be implemented until approved by the applicable review authority.
B. Notice and hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing in compliance with Section 11-17-2, except for the minor changes set forth in subsection 11-16-13.C below.
C. Minor Changes. The planning manager may authorize changes to an approved development application or other approval that are considered minor if the changes:
1. Do not contradict any findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the development;
2. Do not contradict the basis for any conditions of approval for the development;
3. Do not contradict a specific consideration by the review authority (e.g., the planning manager, Commission, or City Council) in approving the permit; and
4. Do not involve expansion of the use of more than 10%, and comply with all applicable life/safety codes.
§11-16-14 Permit Revocation
A. Permit Revocations. The City’s action to revoke a permit or approval shall have the effect of terminating the permit or approval and denying all privileges granted by the original approval.
B. Hearing and Notice Required. The Commission shall hold a public hearing to revoke a permit or approval granted in compliance with the provisions of this zoning code. The hearing shall be noticed and conducted in compliance with Section 11-17-2.
C. Findings.
1. Permits. A conditional use permit, development permit (except a variance, see subsection 11.16.14.C(2)) may be revoked by the planning commission, if the planning Commission makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval.
c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated.
d. The approved use or structure has ceased to exist or has been suspended for a period in excess of twelve (12) months.
e. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute. f. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
2. Variances. A variance may be revoked by the planning commission, if the planning commission makes any one of the following findings, in addition to any one of the findings specified in subsection C(1), above:
a. Circumstances under which the original approval was granted have been changed by the grantee to a degree that one or more of the findings contained in the original approval.,
b. The grantee has not substantially exercised the rights granted by the variance. 241
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map c. One or more of the conditions of the variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the variance.
3. Zoning clearance. A zoning clearance may be revoked by the planning manager if the planning manager makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval.
c. The approved use or structure has ceased to exist or has been suspended for a period in excess of twelve (12) months.
d. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute. e. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
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Administration and enforcement
§11-17-1 Ordinance Text Amendments/Rezones.
A. Purpose and Intent. The purpose and intent of this section is to establish the procedures by which changes may be made in both the text of this zoning code and the zoning map whenever such changes are warranted by the community welfare, the public necessity and good zoning and planning practices.
B. Applicability. These procedures shall apply to all proposals to change any property from one zone to another or to amend the text of this title.
C. Zoning Ordinance Text Amendments.
1. Initiation. Proposals to amend the text of this title may be initiated by:
a. Direction of the City Council.
b. Direction of the planning commission.
c. Planning Manager or City manager
d. Any interested person may request such initiation with an application consistent with Section 11-16-1.
2. Processing.
a. Applications Submitted by Interested Persons. As many copies of an ordinance amendment application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission.
b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this zoning code or the general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. The planning manager shall process the application and make a determination for CEQA compliance.
3. Notice and Hearing.
a. After a determination and/or preparation of any required CEQA documentation, the planning commission and city council each shall hold at least one noticed public hearing to consider the amendment and the environmental document. b. Notice of public hearings shall be completed consistent with Section 11-17-2.
4. Action.
a. Design Review Committee Recommendation. The design review committee shall review and make a recommendation on any amendments to the Village Design District (DD-1) and Mission Design District (DD-2), or objective design standards.
The design review committee’s recommendation shall be transmitted to the planning commission and the city council.
b. Planning Commission Recommendation. The planning commission shall review and make a recommendation on the rezoning. The planning commission's action on the environmental documents and recommendation on the rezoning shall be transmitted to the city council.
c. City Council Action. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after such reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification. 243
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map D. Rezones; Zoning Map Amendments.
1. Initiation. Proposals to change the zoning on any property from one zone to another zone may be initiated by:
a. Direction of the city council.
b. Direction of the planning commission.
c. Planning manager or city manager
d. Any interested person may request such initiation with an application consistent with section 11-16-1.
2. Processing.
a. As many copies of a rezone application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission.
b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this zoning code or the general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. The planning manager shall process the application and make a determination for CEQA compliance.
3. Notice and Hearing.
a. After a determination and/or preparation of any required CEQA documentation, the planning commission and city council each shall hold at least one noticed public hearing to consider the amendment and the environmental document. b. Notice of public hearings shall be completed consistent with Section 11-17-2.
4. Action.
a. The planning commission's action shall be transmitted to the city council in the form of a written recommendation.
b. Upon receipt of the recommendation of the planning commission, the city council shall hold at least one public hearing on the matter. However, if the planning commission has recommended against the rezone, the city council shall not be required to hold a public hearing or take any further action on the matter unless within five (5) days after the planning commission makes its determination, the applicant or other interested person files a written request for such hearing with the city clerk. Notice of the hearing shall be given in the manner as prescribed in section 11-17-2
c. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification.
E. Findings Required for Approval of Text Amendment or Rezone. In order for the planning commission to recommend approval or for the city council to approve a rezone or text amendment request, the following findings shall be made:
1. The request is in the interest of the general community welfare.
2. The request is consistent with the general plan, the requirements of state planning and zoning laws and this zoning code.
3. The request is consistent with good zoning and planning practices. §11-17-2 Public Hearing Notices.
A. Purpose and Intent. The purpose of this section is to set forth the minimum requirements for providing notice of a public hearing.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map B. Notice of Public Hearing. For all projects that require a noticed public hearing, notice of the time and place of said hearing shall be given at least ten (10) calendar days before the hearing in the following manner unless specifically stated otherwise in this title:
1. The notice shall be published in a newspaper of general circulation in the city, and circulated in the area affected by the project.
2. The notice shall be mailed to:
a. Any person who has filed a written request to receive notice. b. Applicants.
c. Owners of the affected property and the owners of the property within 300 feet of the exterior boundaries of the affected property. The names and addresses used for such notice shall be those appearing on the equalized city assessment roll, as updated from time to time.
d. In the event that the number of owners to whom notice would be sent is greater than 1,000, the city may provide notice by placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation, published and circulated in the city.
3. Additional Noticing Methods. The city may also require public noticing in any manner it deems necessary or desirable, including, but not limited to, posted noticing on the project site.
C. Contents of Notice. The notice shall contain the following information:
1. The date of filing of the application and the name of the applicant.
2. The planning manager number assigned to the application.
3. A description of the project and its location.
4. The place, date and general time of the hearing.
5. The procedure for the submission of public comments in writing before the hearing.
6. The procedure for public comments at the hearing.
7. A statement pursuant to Government Code Section 65009(b)(2). §11-17-3 Appeals.
A. Purpose and Intent. The purpose of this section is to provide procedures and to establish criteria for appeals to the planning commission and the city council.
B. Appeals to the Planning Commission.
1. The decisions of the planning manager that are appealable consistent with Chapter 16, shall be in writing, and accompanying fee must be filed with the city clerk within ten (10) calendar days or the date of the decision of the planning manager.
2. The appellant shall state specifically in the appeal how the decision of the planning manager is inconsistent with the purpose of this title, or the error or abuse of discretion committed.
3. Prior to the hearing on said appeal, the planning manager shall transmit to the planning commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision.
4. The planning commission shall affirm, reverse or modify the decision of the planning manager at a de novo public hearing.
5. At least ten (10) calendar days before the public hearing, written notice of the time and place of such hearing shall be given in the following manner:
a. The notice shall include a general description of the matter to be considered shall be published a newspaper of general circulation in the city and circulated in the area affected by the application.
b. The notice shall be mailed and delivered to:
i. Any person who has filed a written request.
ii. The applicant(s).
iii. The appellant(s).
iv. The owner(s) of the subject property.
C. Appeals to the City Council.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map
1. The decisions of the planning manager, or planning commission, may be appealed to the city council pursuant to Title 1, Chapter 6 of the Solvang Municipal Code by the applicant or any interested party adversely affected by such decision. Ministerial actions by the planning manager may not be appealed.
2. The decisions of design review committee on signs or other applications for which the design review committee is the final decision making body may be appealed to the city council pursuant to Title 1, Chapter 6 of the Solvang Municipal Code by the applicant or any interested party adversely affected by such decision. The design review committee's advice and recommendations to the planning commission on an application that will be reviewed and approved, disapproved or conditionally approved by the planning commission are not separately appealable from the planning commission's final decision on such application.
3. At least ten (10) calendar days before the public hearing written notice of the time and place of such hearing shall be given in the following manner:
a. The notice shall be published in a newspaper of general circulation in the City. b. The notice shall include general description of the matter to be considered. c. The notice shall be mailed or delivered to:
i. Any person who has filed a written request;
ii. The applicant(s);
iii. The appellant(s);
iv. The owners of the subject property.
4. Appellants shall be entitled to raise and appeal to the City Council only issues that were raised before the officer, board or commission whose decision is being appealed. § 11-17-4 Reapplications.
No application shall be accepted nor acted upon if within the past one (1) year, substantially the same application has been made and denied by the planning commission, the design review committee, the planning manager or the city council, unless the city council permits such reapplication because of an express finding that one or more of the following applies:
A. New evidence presented, which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of reasonable diligence by the applicant, justifies the reapplication.
B. There has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property.
C. A mistake was made at the previous hearings, which was a material factor in the denial or denials of the previous application.
D. A denial was made “without prejudice” by the review authority with findings. §11-17-5 Enforcement and Penalties.
A. Applicability. The provisions of this section shall apply entirely to this zoning code.
B. Investigation. The planning manager, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this zoning code. If a violation is determined to exist or to be impending, the planning manager is hereby authorized to take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this title.
1. Planning Manager Defined. As used in this section, the term planning manager refers to the planning manager and also to any person employed by the city or any person employed by the person, firm or entity to do planning and zoning for the city who is authorized by the planning manager to act on his or her behalf.
2. Cooperation of Other Officials. The planning manager may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of 246
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map their duties.
3. Right of Entry and Inspection. The planning manager may enter at all reasonable times any building, structure or premises in the city for the purpose of carrying out any act necessary to perform any duty imposed by this title. Upon request the planning manager shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.
4. Liability. The planning manager or any other person charged with the enforcement of this zoning code, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the planning manager, or his or her agents or employees, because of such act or omission performed in the enforcement of any provision of this title shall be defended by the city attorney or his or her designee.
C. Work Stoppage. Where any building construction work is being done contrary to the provisions of this zoning code, the planning manager may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees or servants, shall forthwith stop such work until such time as recommencement is authorized by the planning manager.
D. Tax Bill Collection. To the extent permitted by applicable law, in the event any fees assessed in connection with the processing or approval of development of any property pursuant to this zoning code remain unpaid at the time specified for fixing the tax rate of the city, the amount due for such fees may be added to and become a part of the annual taxes levied against the land, provided: (1) the property is owned, controlled or was in possession of the same person who owned, controlled or was in possession of it during the time such fees were imposed; or (2) the only transfer made of the property since the date such fees were imposed have been transfers by gift, descent or devise. Such fees so added shall constitute a lien on the property. If the taxes are divided and made payable in two installments, the unpaid fees shall be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the authorities the amount of such fees to be levied against the land, and such fees shall be included in the tax bill.
E. Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this zoning code or any rule, regulation, order or permit issued hereunder, shall be subject to an administrative citation and penalties pursuant to Title 6, Chapter 5, Article A of the Solvang Municipal Code.
F. Referral for Legal Action. If unable to otherwise enforce the terms of this title, the planning manager shall refer the matter to the city attorney for appropriate legal action.
G. Legal Actions.
1. Civil Actions.
a. Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any lands, buildings or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance. b. Injunctive Relief. Whenever, in the judgment of the planning manager, any person has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this zoning code or any rule, regulation, order, or permit issued thereunder, and at the request of the planning manager, the city attorney may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the planning division that such person has engaged in or 247
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted. c. Abatement. In the event that any person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the planning manager may request the city attorney to apply to the superior court of this county for an order authorizing the city manager, city manager’s designee, or planning manager to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.
2. Civil Remedies and Penalties.
a. Civil Penalties. Any person, whether acting as principal, agent, employee or otherwise, who willfully violates the provisions of this zoning code or any rule, regulation, order or permit issued hereunder, shall be liable for a civil penalty for each day that the violation continues to exist.
b. Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this zoning code or the rules, regulations, orders or permits issued hereunder, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct and proximate result of such violations.
c. Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.
3. Criminal Actions and Penalties.
a. Infractions. Any person, whether as a principal, agent, employee or otherwise, violating any provisions of this zoning code, or the rules, regulations, orders or permits issued hereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in Section 1-3-2 of the Solvang Municipal Code.
b. Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of one or more violations of any of the provisions of this title within the 12-month period immediately preceding the commission of the offense or has been convicted of two or more violations of any of the provisions of this title within the 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be in accordance with Section 1-3-3 of the Solvang Municipal Code. c. Violations. Each and every day during any portion of which any violation of this zoning code or the rules, regulations, orders or permits issued hereunder, is committed, continued or permitted by such person shall be deemed a separate and distinct offense.
H. Cumulative Remedies and Penalties. The remedies or penalties provided by this zoning code are cumulative to each other and to the remedies or penalties available under all other laws of this state.
248
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 18
Wireless telecommunication facilities
§ 11-18-1 Purpose.
A. The purpose of this chapter is to promote and protect the public health, safety and welfare, preserve the aesthetic character of the Solvang community, and to reasonably regulate the development and operation of wireless telecommunication facilities within the city to the extent permitted under state and federal law.
B. This chapter establishes clear guidelines and standards and a process for expedited permit application review intended to facilitate the orderly deployment of wireless transmission equipment to provide advanced telecommunication services to the city, its residents, businesses, and the community at large.
C. Because of the potential negative aesthetic impacts of wireless telecommunication facilities, including visual blight and the diminution of property value, the city endeavors to locate telecommunication facilities within commercial, industrial or other non-residential zones, screen them from view, and encourage collocation with other wireless telecommunication facilities.
Further, where a wireless telecommunications facility does not satisfy city planning and zoning standards, applicants shall be required to show, via scientific evidence from an expert in the field, that a significant gap in the wireless telecommunications provider's service exists and that no other feasible alternative sites exist. Per the FCC Telecommunications Act of 1996, local zoning cannot be preempted unless a wireless telecommunications facility is necessary to remedy a significant gap in coverage of the provider's service and there is a lack of feasible alternative site locations.
D. The regulations in this city are specifically not intended to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit the provision of personal wireless services; (2) unreasonably discriminate among functionally equivalent service providers; or (3) regulate wireless telecommunications facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission hereinafter also referred to as "FCC."
E. This chapter shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, applicable State laws and administrative and court decisions and determinations relating to same. § 11-18-2 Definitions.
For the purposes of this chapter, the following terms are specially defined.
Antenna. A device used to transmit and/or receive radio or electromagnetic waves. Examples include, but are not limited to, panel antennas, microwave dishes, directional antennas and whip antennas.
Base Station. The equipment and non-tower supporting structure at a fixed location that enable FCClicensed or authorized wireless telecommunications between user equipment and a communications network.
Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. It also means to add new equipment to an existing facility, which may or may not be owned by the same company.
Equipment Cabinet. Any transmission or other equipment other than an antenna housed within a protective case. An equipment cabinet may be indoors or outdoors, large or small, movable or immovable, above or below ground. Any equipment case with a heat sink or other cooling mechanism for the equipment inside qualifies as an equipment cabinet.
Manager. The city of Solvang planning manager, as defined Chapter 3 of the Solvang Municipal Code.
Monopole. A single freestanding tower that is not disguised or camouflaged and is used to either act as or support antenna or arrays.
Non-Tower Support Structure. Any structure (whether built for wireless purposes or not) that supports wireless transmission equipment under a valid permit at the time the applicant submits its application.
Stealth Facility. A wireless telecommunication facility designed and constructed to be integrated into a building or other structure, or placed on or within a building or other structure, so that no portion of any 249
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map equipment cabinet, transmission equipment, or any other apparatus associated with the facility's function is visible from publicly accessible areas.
Transmission Equipment. Any equipment that facilitates transmission for any FCC-licensed or authorized wireless telecommunication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.
Wireless. Any FCC-authorized wireless telecommunications service.
Wireless Telecommunications Facility or Wireless Facility or Facility. Any facility that transmits and/or receives electromagnetic waves, including, but not limited to, commercial wireless telecommunications antennas and other types of transmission equipment for the transmission or receipt of such signals, towers or similar structures supporting said equipment, equipment cabinets and connectors, pedestals, meters, tunnels, vaults, splice box, surface location marker, equipment, equipment buildings, parking areas and other accessory development. The term also means any facility or transmission equipment used to provide any FCC-authorized wireless telecommunications service, including, but not limited to, personal wireless services defined by the Telecommunications Act of 1996 and licensed by the FCC, including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground based repeaters for satellite radio services, micro-cell antennas, distributed antenna systems ("DAS") and similar systems.
Wireless Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities.
§ 11-18-3 Applicable facilities.
This chapter applies to all wireless facilities and transmission equipment as follows:
A. New Facilities. All permit applications received after the effective date of this chapter must comply with this chapter.
B. Changes to Existing Facilities. All permit applications which in any manner whatsoever seek approval to modify a previously approved facility received after the effective date of this chapter must comply with this chapter.
C. Exemptions. This section shall not apply to:
1. The city of Solvang Municipal wireless communications facilities.
2. Amateur Radios. This section shall not govern any amateur radio facility that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.
3. Over-the-Air Receiving Devices. This section shall not govern any over-the-air receiving devices, as defined by the FCC at 47 CFR section 1.4000, with a maximum diameter of one meter (39 inches) for residential installations, and two meters (78 inches) for nonresidential installations, and designed, installed, and maintained in compliance with the FCC and the California Public Utilities Commission (hereinafter referred to as the "CPUC") regulations. § 11-18-4 Application procedures in general.
A. Permits. All new facilities and collocations or modifications to existing facilities shall require a permit in accordance with this chapter.
1. Conditional Use Permit and Zoning Clearance. All new facilities, and collocations or modifications to existing facilities that do not meet the findings of approval for a zoning clearance in section 11-18-6(D) through (F) of this chapter, shall be subject to the approval of a conditional use permit in compliance with section 11-16-6 of this title and subject to the approval of a zoning clearance in compliance with section 11-16-5 of this zoning code.
Review by the design review committee is limited to visual aesthetics and design, landscaping including screening and fencing, and site lighting.
2. Zoning Clearance. All collocations or modifications to existing facilities that meet the findings of approval for a zoning clearance in section 11-18-6(D) through (F) of this chapter shall be subject to review by the manager.
3. Other Required Permits and Approvals. In addition to any conditional use permit or Zoning Clearance required under this section, an applicant must also apply for and obtain any separate permit or approval required for such telecommunication facility under this zoning 250
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map code, including, but not limited to, building, and encroachment permits.
B. Permit Submittal. Applicant shall submit all required documents identified on the appropriate submittal checklist.
C. Incomplete Application Notices. In the event that city staff determines that a permit application does not contain all the required materials, city staff may issue an incomplete letter consistent with this subsection.
1. City staff may toll the time for review only when it issues an incomplete letter within the first 30 days after a permit application is submitted, and only when the letter specifies the incomplete or missing information and the publicly available information source that requires that missing or incomplete information. City staff may issue an incomplete letter after the first 30 days, but it will not toll the time for review.
2. After an applicant responds to an incomplete letter, city staff may toll the time for review when it issues a subsequent incomplete letter within 10 days after the applicant's response (even when the first 30 day period has elapsed); provided, however, that the subsequent incomplete letter cannot toll the time for review based on an issue not cited in the first incomplete letter.
D. Public Notice. Public notice of applications submitted shall be made pursuant to section 11-17-4 of this title.
§ 11-18-5 Regulations for facilities subject to a major conditional use permit.
A. Conditional Use Permit Application Materials.
1. Application Fee. An application fee as the city may establish to reimburse the city for its costs to review the permit application.
2. Independent Consultant Deposit. An independent consultant deposit, if required, as the manager may establish to reimburse the city for its costs to retain one or more independent consultants to review the conditional use permit and zoning clearance application.
3. Site Plans. Complete and accurate construction-quality plans drawn to scale, prepared, signed and sealed by a California-licensed engineer, land surveyor and/or architect, including: (a) plan views and all four elevations before and after the proposed construction with all height and width measurements called out; (b) a depiction of all proposed transmission equipment; (c) a depiction of all proposed utility runs and points of contact; and (d) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view.
4. Visual Analysis. A visual analysis that includes: (a) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (b) a color and finished material palette for proposed screening materials; and (c) a photograph of a completed facility of the same or similar design and in roughly the same setting as the proposed wireless communication facility, or a statement that no such completed facility exists.
5. Statement of Purpose. A clear and complete written statement of purpose shall minimally include: (a) a description of the technical objective to be achieved; (b) a to-scale map that identifies the proposed site location and the targeted service area to be benefitted by the proposed project; (c) the estimated number of users in the targeted service area; and (d) fullcolor signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.
6. Design Justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this chapter to the maximum extent feasible. A complete design justification must identify all applicable design standards under this chapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.
7. Alternative Sites Analysis. A clear and complete written alternative sites analysis that shows at least three technically feasible and potentially available alternative sites considered, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the 251
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map applicant rejected the alternative candidate. A complete alternative sites analysis may include less than three alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three technically feasible and potentially available alternative sites.
8. Radio Frequency Emissions Compliance Report. A written report, prepared by a qualified engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all wireless communications facilities located on or adjacent to the proposed site, identifies the total exposure from all facilities, and demonstrates planned compliance with all maximum permissible exposure limits established by the FCC. The report shall include a detailed description of all mitigation measures required under the FCC.
9. Structural Analysis. A structural analysis, prepared, signed and sealed by a Californialicensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.
10. Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include without limitation the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
11. Collocation Consent. A written statement, signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.
12. Other Published Materials. All other information and/or materials that the city may, from time to time, make publicly available and designate as part of the application requirements.
B. Guidelines and Standards in General.
1. Location Guidelines.
a. Collocation Preference. Applicants shall collocate with existing facilities to the extent feasible. b. Preferred Locations. To minimize aesthetic and visual impacts and to the maximum extent feasible, all new telecommunication facilities shall be located according to the following preferences, ordered from most-preferred to least-preferred:
i. Parcels owned or controlled by the city;
ii. Parcels owned or controlled by other governmental entities; iii. Parcels principally used as a golf course;
iv. Parcels or rights-of-way in commercial zones;
v. Parcels or rights-of-way in open space zones; and
vi. Parcels or rights-of-way in residential zones.
c. Exception for Facilities Proposed Based on Proximity to Residential Uses. Notwithstanding the preferences listed in subsection (B)(1)(b) of this section, a proposed facility that is not a stealth facility within 500 feet from a residential use measured from the nearest point of the proposed facility to the property line of the parcel inclusive of the residential use shall be defined as a least preferred location. Notwithstanding the preferences listed in subsection (B)(1)(b) of this section, a proposed facility that is a stealth facility within 300 feet from a residential use measured from the nearest point of the proposed facility to the property line of the parcel inclusive of the residential use shall be defined as a least preferred location.
d. Most Strongly Disfavored Locations. No facility shall be permitted or constructed in a location where it would:
i. Extend above a ridgeline;
ii. Impact a designated scenic viewshed;
iii. Require the removal or relocation of a protected tree; or 252
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map iv. Be on the same parcel as a historical site or structure.
2. Stealth and Concealment Techniques. All new facilities and substantial changes to existing facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All ground-mounted outdoor transmission equipment and associated enclosures or shelters shall be screened appropriately as determined by planning commission on recommendation from the design review committee. No barbed wire, razor wire, or other such similar fences shall be permitted; chain link fences may be permitted only when completely concealed from public view. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind substantially different than the surrounding live trees.
3. Landscaping. All facilities shall include a landscaped buffer at least four feet wide outside the perimeter of the ground-mounted equipment. All landscaping shall be maintained for the life of the project. The planning commission on recommendation from the design review committee may increase, reduce, or waive the required landscaping when it finds that a different requirement would better serve the public interest.
4. Height. All new facilities and substantial changes to existing facilities shall comply with the applicable zone height limit as specified in the zone district in which it is located, unless a modification as to height is approved by the planning commission.
5. Setbacks. All new facilities and substantial changes to existing facilities shall comply with the applicable setback requirements as specified in the zone district regulations in which the facility is located.
6. Lights. Unless otherwise required under Federal Aviation Administration ("FAA") regulations, applicants shall install only timed or motion-sensitive lights and design all lights associated with the wireless telecommunication facility in accordance with section 11-12-18 of this title.
7. Noise. At no time shall transmission equipment or any other associated equipment (including, but not limited to, heating and air conditioning units) at any wireless telecommunication facility emit noise that exceeds the applicable limit(s) established in the noise element of the city's general plan. Testing of backup generators or similar equipment shall only occur during standard daylight hours and in no event prior to seven (7:00) a.m. Monday through Friday and eight (8:00) a.m.
Saturday and Sunday.
8. Signage. No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted/required by the city.
9. Code Compliance. All facilities shall at all times comply with all applicable federal, state, and local building codes, electrical codes, fire codes, and any other code related to public health and safety.
C. Guidelines and Standards Specific to Wireless Towers.
1. To minimize aesthetic and visual impacts, all new wireless towers shall be designed in accordance with the preferred designs, ordered from most-preferred to least-preferred, as follows:
a. New freestanding architectural feature (e.g., faux clock tower, water tank, flagpole, etc.). b. Public art installation.
c. False tree compatible with surrounding foliage and natural environment.
2. All wireless towers shall be designed and situated in a manner that utilizes existing natural or manmade features (including, but not limited to, topography, vegetation, buildings, or other structures) to visually conceal the wireless tower to the maximum extent feasible.
3. All tower-mounted transmission equipment shall be mounted as close as possible to the tower so as to reduce the overall visual profile to the maximum extent feasible.
D. Guidelines and Standards Specific to Base Stations.
1. All transmission equipment shall be concealed within existing architectural features to the maximum extent feasible.
2. All new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure, and shall use materials in similar quality, finish, color, and texture as the existing underlying structure.
3. All transmission equipment shall be mounted at the lowest height and set back from the 253
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map roofline to maximum extent feasible.
E. Guidelines and Standards Specific to Facilities in the Public Right-of-Way.
1. Preferred Locations. Facilities shall be located as far from residential uses as feasible, and on arterial and collector streets to the extent feasible. Facilities in the rights-of-way shall maintain at least a 200 foot setback from other facilities, except when collocated or on opposite sides of the same street.
2. Undergrounded Equipment. All non-antenna equipment shall be installed underground to the maximum extent feasible. All vents, exhausts and similar features for undergrounded equipment shall be flush to grade to the maximum extent feasible; all above-grade vents, exhausts or similar features shall be designed to blend with the environment to maximum extent feasible.
3. Pole-Mounted or Tower-Mounted Equipment. All pole-mounted and tower-mounted transmission equipment shall be mounted as close as possible to the tower so as to reduce the overall visual profile to the maximum extent feasible. All pole-mounted and tower-mounted transmission equipment shall be painted with flat, non-reflective colors that blend with the visual environment. No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface unless certain equipment must be placed lower in order to comply with California Public Utilities Commission General Order 95.
F. Applicable Criteria for Conditional Use Permit Approval. In addition to all the guidelines and standards contained in this section, the planning commission may specifically consider the following factors in determining whether to issue a major conditional use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this chapter are better served by the waiver:
1. Height of the proposed facility;
2. Proximity of the facility to residential structures and residential zone boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress;
8. Availability of existing facilities for collocation and/or other existing structures; and
9. Alternative sites listed by applicant.
§ 11-18-6 Regulations for facilities subject to a Zoning Clearance.
A. Purpose and Intent.
1. Under section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, state and local governments "may not deny, and shall approve" any "eligible facilities request" so long as it does not "substantially change the physical dimensions of the existing wireless tower or base station." See 47 USC section 1455(a) (2013). A permit application subject to section 6409(a) is referred to as a "covered request."
2. On December 17, 2014, the FCC adopted a report and order that interpreted section 6409(a) to limit local discretion over wireless permit applications that qualified under the statute as a covered request. Among other things, the FCC specifically limited the kinds of information localities could solicit in permit applications, defined "substantially change the physical dimensions" to include objective thresholds under a cumulative limit, and enacted a rule that "deemed-granted" any covered request when the local reviewing authority fails to act within 60 days after the application is submitted. The FCC codified its rules to interpret section 6409(a) at 47 CFR section 1.40001 et seq.
3. The purpose of this subsection is to promote and protect the public health, safety and welfare. This chapter does so by setting forth standards and processes taken from section 6409(a) and the FCC's rules for the submittal, review, and action upon a permit application.
4. This subsection shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, section 6409(a) of the Middle Class Tax Relief and Job Creation 254
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Act of 2012, and the applicable FCC and court decisions and determinations relating to same.
5. In the event that a court of competent jurisdiction issues a final ruling invalidating section 6409, then all proposed modifications to existing facilities subject to this section must be approved by a conditional use permit under subsection 11-16-2(G) of this title.
B. Time for Review. Federal regulations provide that the city must approve or deny on a zoning clearance permit application, and all other required permits and approvals, within 60 days after the applicant submits the permit application, unless tolled due to an incomplete notice or a mutual agreement to extend the time. Under federal regulations, failure to act upon a zoning clearance permit and all other required permits and approvals, within 60 days will result in a "deemedgranted" permit.
C. Zoning Clearance Application Materials.
1. Application Fee. An application fee as the city may establish to reimburse the city for its costs to review the permit application.
2. Site Plans. Complete and accurate construction-quality plans drawn to scale, including: (a) plan views and all four elevations before and after the proposed change with all height and width measurements called out; (b) a depiction of all existing and proposed transmission equipment; (c) a depiction of all existing and proposed utility runs and points of contact; and (d) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view. For wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed currently, if applicable. For base stations, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the base station as originally constructed.
3. Visual Analysis. A visual analysis that includes: (a) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (b) a color and finished material palette for proposed screening materials; and (c) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.
4. Narrative. A written narrative that explains in explicit factual detail why the applicant believes that section 6409(a) governs the proposed change permit request. The narrative should identify each required finding of approval under the applicable section of this chapter for the proposed change and explain what facts allow the manager to affirmatively make each finding.
5. Prior Permits. True and correct copies of all previously issued permits, together with all conditions of approval, together with a written statement from the applicant that certifies the proposal will not violate any applicable permit or condition of approval.
6. Radio Frequency Emissions Compliance Report. A written report, prepared by a qualified engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all wireless communications facilities located on or adjacent to the proposed site, identifies the total exposure from all facilities, and demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC, as well as an analysis of alternative locations.
The report shall include a detailed description of all mitigation measures required under the FCC.
7. Structural Analysis. A structural analysis, prepared, signed and sealed by a California-licensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.
8. Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include, without limitation, the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.
9. Other Permits and Approvals. A zoning clearance permit application must include all permit applications with all required application materials for each and every separate permit or approval required for such telecommunication facility under this zoning code, including, but not limited to, 255
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map building, and encroachment.
10. Other Published Materials. All other information and/or materials that the city may make publicly available and designate as part of the application requirements.
D. Findings for Zoning Clearance Approval for Existing Wireless Towers on Private Property. The manager must approve a zoning clearance permit application to change an existing wireless tower on private property when the manager finds all of the following:
1. The applicant proposes a change that involves a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities;
2. The proposed change does not increase the height more than 10% or one additional antenna array not more than 20 feet (whichever is greater) above the height that exists currently, if applicable;
3. The proposed change does not increase the width more than 20 feet or the tower width at the level of the appurtenance (whichever is greater);
4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;
5. The proposed change does not involve excavation outside the lease or license area;
6. The proposed change does not defeat any existing concealment elements; and
7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
E. Findings for Zoning Clearance Approval for Existing Base Stations on Private Property. The manager must approve a zoning clearance permit application to change an existing base station on private property when the manager finds all of the following:
1. The applicant proposes a change on a structure (whether built to support FCC-licensed or authorized antennas and their associated facilities or not) that currently supports existing wireless transmission equipment and all necessary permits for such use are in good standing;
2. The proposed change does not increase the height more than 10% or 10 feet (whichever is greater) above the originally approved structure height;
3. The proposed change does not increase the width more than six feet;
4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;
5. The proposed change does not involve excavation outside the lease or license area;
6. The proposed change does not defeat any existing concealment elements; and
7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
F. Findings for Zoning Clearance Approval for Altering Facilities in the Public Right-of-Way. The manager must approve an application to change an existing wireless tower or base station in the public right-of-way when the manager finds all of the following:
1. The applicant proposes a change on either: (a) a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities (i.e., a "wireless tower"), or (b) a structure (whether built to support FCC-licensed or authorized antennas and their associated facilities or not) that currently supports existing wireless transmission equipment and all necessary permits for such use are in good standing (i.e., a "base station");
2. The proposed change does not increase the height more than 10% or 10 feet (whichever is greater) above the originally approved structure height;
3. The proposed change does not increase the width more than six feet;
4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;
5. The proposed change does not involve excavation outside the proximity to the ground-mounted equipment in the public rights-of-way;
6. The proposed change does not defeat any existing concealment elements; and
7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).
G. Conditions of Approval Specific to Section 6409(a) Facilities. In addition to all other conditions of approval permitted under state and federal law that the manager may deem appropriate for a 256
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map specific change, all zoning clearance permits under this chapter, whether affirmatively granted by the manager under federal directive in 47 USC section 1455(a) or deemed granted by the operation of law, shall include all the conditions of approval as follows:
1. No Automatic Renewal. Grant or acceptance of this permit shall not renew or extend the underlying permit term.
2. Indemnification. To the maximum extent permitted by applicable law, and as part of its application, the applicant shall enter into an agreement whereby the applicant shall agree to at all times defend, indemnify, protect, save harmless, and exempt the city, its officers, commissioners, directors, attorneys, agents, servants, employees, and volunteers from any and all penalties, damages, or charges, excepting only punitive damages, which arise from claims, suits, demands, causes of action, and/or awards, and/or costs and expenses in connection therewith, whether compensatory or consequential, whether legal or equitable, which arise from, or are caused by, the construction, erection, installation, location, collocation, operation, maintenance, repair, modification, replacement, removal, relocation, or restoration of wireless transmission equipment within the city based on any act or omission of an applicant, its directors, officers, attorneys, site managers, agents, employees, contractors, subcontractors, independent contractors, or representatives. Without limiting the generality of the foregoing, the penalties, damages, or charges referenced in this condition of approval, shall include all reasonable attorneys' fees, consultants' fees, and expert witness' fees as costs and expenses recoverable by the city.
3. Compliance with Applicable Laws. The applicant shall comply with all applicable provisions in this chapter, any permit issued under this chapter, and all other applicable laws and regulations. Any failure by the city to enforce compliance shall not relieve any applicant of its obligations under this chapter, any permit issued under this chapter, or all other applicable laws and regulations.
4. Violations. The city may revoke a zoning clearance permit granted under this chapter for any violation of this zoning code. The remedies available to the city shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.
5. No Waiver of Standing. The city's grant of any zoning clearance permit pursuant to 47 USC section 1455(a) shall not waive, nor be deemed to waive, the city's right and/or standing to challenge the validity of 47 USC section 1455(a) or any related administrative or judicial order or decision, either on its face or as applied in any particular case.
H. Zoning Clearance Denial Without Prejudice.
1. Grounds for a Denial Without Prejudice. The manager may issue a denial without prejudice for a zoning clearance permit when:
a. Based on the materials submitted by the applicant, the manager cannot make all findings required for the type of proposed change;
b. The proposed change would cause a violation of an objective, generally applicable law related to health and safety;
c. The proposed change involves the replacement of the entire support structure; or d. The proposed change does not qualify for mandatory approval under 47 USC section 1455(a), as may be amended or superseded, and as may be interpreted by any order or decision by the FCC or by any court of competent jurisdiction.
2. Procedures for Zoning Clearance Permit Denial Without Prejudice. All zoning clearance permit application denials shall be in written form; the written permit denial shall include: (a) the decision date; (b) a statement that the city denies the permit without prejudice; (c) a short and plain statement with the basis for the denial; and (d) that the applicant may submit the same or substantially the same permit application in the future.
3. Submittal After Zoning Clearance Permit Denial Without Prejudice. After the manager denies a zoning clearance permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be immediately allowed to either:
a. Submit a new zoning clearance permit application for the same or substantially the same proposed change; or
b. Submit a new major conditional use permit application for the same or substantially the same proposed change.
4. Costs to Review a Denied Zoning Clearance Permit. The city shall be entitled to recover the reasonable costs for its review of any zoning clearance permit application. In the event that the 257
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map manager denies a zoning clearance permit application, the city shall return any unused deposit fees within 60 days after a written request from the applicant. An applicant shall not be allowed to submit a major conditional use permit application or submit a zoning clearance permit application for the same or substantially the same change unless all costs for the prior-denied permit application are paid in full.
§ 11-18-7 Independent consultant review.
A. Selection by Manager. The manager may select and retain with the approval of the city manager one or more independent consultants with expertise in telecommunications satisfactory to the manager in connection with any permit review and evaluation.
B. Scope. The independent consultant shall review the project aspects that involve technical or specialized knowledge and may address:
1. Whether the applicant submitted a complete and accurate application;
2. Whether the facts and materials presented in a particular application tend to support certain statements or analyses in the application;
3. Compliance with any applicable regulations;
4. Any other specific technical or specialized issues requested by the city; and/or
5. Presence or absence of a significant gap in service coverage, as appropriate.
C. Independent Consultant Fee Deposit. The applicant shall pay the cost for any independent consultant fees, along with applicable overhead recovery, through a deposit, estimated by the manager, paid at the time the applicant submits an application. The applicant shall pay all consultant fees before the city may act on a permit application. In the event that such costs and/or fees do not exceed the deposit amount, the city shall refund any unused portion within 60 days after the final building permit is released or, if no final building permit is released, within 60 days after the city receives a written request from the applicant. § 11-18-8 Maintenance.
A. All wireless telecommunication facilities must comply with all standards and regulations of the FCC, and any other state or federal government agency with the authority to regulate wireless communication facilities.
B. The site and the wireless telecommunication facility, including all landscaping, fencing, and related transmission equipment must be maintained in a neat and clean manner and in accordance with all approved plans.
C. All graffiti on wireless telecommunication facilities must be removed at the sole expense of the permittee within 48 hours of notification.
D. The permittee shall at all times maintain current contact information for all parties responsible for the facility, which shall include a phone number, street address and email address for at least one natural person. All such contact information shall be provided to the manager.
E. A wireless telecommunication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way.
Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities. If deemed necessary by the city public works department, the permittee shall modify, remove, or relocate its facility, or portion thereof, at permittee’s sole cost and expense and without cost or expense to the city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said modification, removal, or relocation of a wireless telecommunications facility shall be completed within a reasonable relocation time frame as determined by the manager. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.
F. If any FCC, CPUC or other required license or approval to provide communication services is ever 258
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map revoked, the permittee must inform the manager of the revocation within 10 days of receiving notice of such revocation.
§ 11-18-9 Removal of abandoned facilities.
A. Any facility whose permit has expired or whose permit has been terminated by the city or that is not operated for a continuous period of 180 days shall be deemed abandoned, and the owner of the facility shall remove the facility within 90 days of receipt of notice from the manager notifying the owner of the abandonment.
B. If the facility is not removed within the 90 day period, the manager may remove the facility at the permittee's, facility owner's, or landowner's expense pursuant to the city's abatement procedures.
C. If there are two or more users of the permitted facility, this provision shall not become effective until all applicable permits have expired or have terminated or all users cease using the wireless tower.
§ 11-18-10 Ownership transfers.
Upon transfer of an approved wireless telecommunication facility or any rights under the applicable permit or approval, the permittee of the facility must within 30 days of such transfer provide written notification to the manager of the date of the transfer and the identity of the transferee. The manager may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC. § 11-18-11 Permit terms and conditions.
A. Each permit issued, except permitted uses pursuant to this chapter, shall be issued for a period of 10 years, but may be reduced for public safety reasons or substantial land use reasons pursuant to California Government Code section 65964(b). The city may establish a build-out period for a wireless telecommunication facility. At the end of the specified permit term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the manager. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of section 11-18-9 of this chapter.
B. If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval. The review is to insure that the facility is still in operation, that it has been properly maintained, that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified, and to determine if new means exist to upgrade the facility to better meet the purpose, intent, goals and provisions of this chapter. If new means exist that will allow the redesign or relocation of the facility to better meet the purpose, intent, goals and provisions of this chapter, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.
C. The city may add conditions to any new permits as necessary to advance a governmental interest related to health, safety, or welfare, provided, however, that any condition shall comply with applicable FCC and CPUC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If an entitlement is not renewed, the city shall give the applicant written notice thereof together with the rationale on which the city's decision was made.
Any applicant that is dissatisfied with a decision to renew or not to renew their permit may appeal the decision in accordance with the provisions of the section(s) under which the original approval was issued.
§ 11-18-12 Exception from standards.
Notwithstanding the provisions of this chapter, one or more specific exceptions to the standards contained within this chapter may be granted if a denial would prohibit or have the effect of prohibiting the provision of wireless telecommunications services by the applicant. As such, the city may grant special permission or exception, on such terms as the city may deem appropriate, in cases where the city determines that the grant of the special permission is necessary to comply with state and federal 259
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map law or regulations and where the applicant shows by clear and convincing evidence that no other location or combination of locations in compliance with this chapter can provide comparable communications. Prior to the issuance of an exception, the applicant shall be required to submit to the manager a written explanation setting forth clear and convincing evidence that the location or locations, and the design of the facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the facility is the least intrusive means to close a significant gap or to reduce it to less than significant in service. Exceptions shall be subject to the review and approval of the planning commission and city council. The burden is on the applicant to prove significant gaps and least intrusive means as required herein.
§ 11-18-13 Conflicts with other ordinances or regulations.
In the event that any city ordinance or regulation, in whole or in part, conflicts with any provisions in this chapter, the provisions of this chapter shall control.
§ 11-18-14 Severability.
In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause, or phrase in this chapter unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this chapter and shall not affect the validity of the remaining portions of this chapter. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause, or phrase in this chapter irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases in this chapter might be declared unconstitutional, preempted, or otherwise invalid.
260
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Exhibit B
Official Zoning Map of the City of Solvang
261
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MAP FOR INFORMATIONAL PURPOSES ONLY
Zoning Map Amendments
Effective Date Ordinance No.
Mission Dr.
Laurel Ave.
2nd Pl.
Maple Ave.
Alisal Rd.
Pine St.
Elverhoy Way
5th St.
Chalk Hill Rd.
Fredensborg Canyo n Rd.
Viborg Rd.
Alamo Pintado Rd.
Elis o re Dr.
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ve.
5th St.
Skytt M r.
Mesa Dr.
N yst e r.
kag
olding A.
Creekside Dr.
Reb lid Dr
Holly Ln
Old Mission Rd.
Valley O a d.
Sa .
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Coast Oak Dr.
Oak Ridge Rd.
1 2 3
4 5
6 7 8
9 10 10
11 11
14 18
21 31
32 34
35 36
37 37
38 28
29 12
13 Alborg Wy. Eucalyptus Dr.
Oak St.
ster Sted
Vester
Aarh u s Dr.
3r d St.
Willow Dr.
Alisal M
Valhall a D r.
Way
Freya Dr
Alisal Rd.
Alisal Rd. Alisal Rd.
Rancho Alisal Rd.
Alisal Rd
Riley Rd.
airway Pl
i rway Dr.
Fjord Dr.
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Manzanit
1st St .
3rd St.
Windmill Ln
Coyote Creek Rd.
Ringsted Dr.
Roskilde Rd
Village Ln.
Alamo Pintado Cr eek
Ali sal Creek
Santa Ynez River
Unincorporated
Santa Barbara County
Unincorporated
Santa Barbara County
R-1
R-2 R-2
R-2
R-2
R-3
R-3
R-3
R-3
VMU VMU
VMU
VMU
VMU VMU
R-3
R-3
R-3
R-3
R-3
R-2
R-2
R-2
R-2
ER-1
ER-1
ER-1
ER-1
ER-1
CH
CR
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CR
OP
OP
OP
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OS
OS
OS
OS MHR
LI
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AT
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ER-3
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City of Solvang California
Official Zoning Map
Street Names
City Limits Legend Creeks & Rivers
Design Districts
Specific Plan (SP2)
Agriculture Tourist (AT) Village Mixed-Use (VMU)
Retail Commercial (CR)
Heavy Commerical (CH)
Professional Office (PO)
Light Industrial (LI)
Public/Institution (PI)
Park (P)
Open Space (OS)
Estate Residential (ER-3)
Estate Residential (ER-1)
Residential Low Density (R-1)
Planned Residential (PR)
Residential Medium Density (R-2)
Residential High Density (R-3)
Mobile Home Park (MHR)
1. Myrtle Ct.
2. Peterson Ave.
3. Park View Trail
4. Rosenvej
5. Mid Mesa Dr,
6. Hans Park Trail
7. Aebeltoft Way
8. Bakke Way
9. Aalborg Way
10. Kronborg Dr.
11. 4th Pl.
12. Park Way
13. Molle Way
14. Ash Ln.
15. Vester Hof
16. Midten Hof
17. Nykobing
18. Sycamore Way
19. Esrom Dr.
20. Mountain View Dr.
21. Pepperwood Way
22. Sandalwood Way
23. Ironwood Way
24. Hickory Way
25. 1st Ct.
26. 3 Spring Rd.
27. Buttonhook Rd.
28. Oxbow Pl.
29. Bow Pl.
30. Honey Locust Ct.
31. Hindfell Way
32. Vigard Dr.
33. Nordentoft Way
34. Hornbeck Pl.
35. Augustenborg Pl.
36. Ringsted Pl.
37. Hillside Dr.
38. Aquaduct Way
262
Meeting Date Agenda Item Agenda Dept
13-Jan Council selection of Councilmember District 3 representative Discussion City Clerk Council selection of representatives to Advisory Bodies Discussion City Clerk 27-Jan Fee Schedule Review Discussion Finance
Investment Policy Annual Review Discussion Finance
Annual Comprehensive Financial Report Discussion Finance 10-Feb Short Term Vacation Rental update Discussion Finance/Planning Brown Act, Public Records Act, Levine Act Training Presentation City Attorney Future Meetings RFQ Interim Financing WWTP Administration Discussion Finance Storm drain modification Discussion Public Works
Compensation & Class Study Update Discussion Administration 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 Consent 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
263
CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.b Meeting
Date: December 9, 2024
SUBJECT: Approve amendment 2 to the agreement with SaberDome Corporation dba Lanspeed for IT services for an additional amount not to exceed $34,205, for a total contract amount not to exceed $219,541, and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City.
PREPARED BY: Olivia Uribe Mutal, Management Analyst
DISCUSSION: The City of Solvang outsources all Information Technology (IT) services, as it does not maintain in-house IT staff. In January 2024, the City Council approved a one-year agreement amendment with SaberDome Corporation dba Lanspeed through December 31, 2024, to provide managed IT services, consulting, project support and software licensing. Lanspeed has been providing IT services to the City since 2019. Staff recommends a six-month extension through June 30, 2025.
Staff will initiate a Request for Proposals (RFP) process to evaluate IT service providers before awarding a new FY 2025-26 contract.
The proposed extension maintains the current rate of $4,902 for IT Support and management of IT software ($798.72 per month) with total costs not to exceed $34,205 for the six months.
ALTERNATIVES:
A. Do not approve the extension. This leaves the City without IT services.
B. Explore IT staff position.
ATTACHMENTS:
A. Contract for services
B. Campaign Disclosure Form
C. Original agreement and amendment
264
AMENDMENT NO. 2
to the Information Technology (IT) Services Agreement with SABERDOME CORPORATION dba LANSPEED
THIS SECOND AMENDMENT is made and entered into this 9
TH day of December 2024 between the
CITY OF SOLVANG, a municipal corporation, and Charter City (City), and SaberDome Corporation dba Lanspeed (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, January 1, 2022, Amendment No. 1, dated January 1, 2024, for IT Services “scope of work” herein referenced as “proposal” and additional terms attached herein as Exhibit “A” to this agreement for the additional amount not to exceed $34,205. for the total contract amount not to exceed $219,541 and to extend the term to June 30, 2025.
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.
All remaining portions of the original Agreement and applicable portions of prior Amendment(s) shall remain in full force and effect.
CITY OF SOLVANG SABERDOME CORPORATION dba LANSPEED
David Brown, Mayor Tobias, Kruse, CEO
APPROVED AS TO FORM: ATTEST:
Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 265
Copyright © 2021 Lanspeed LLC. Confidential & Proprietary Lanspeed’s Connect Managed Services pricing is based on the size of your organization and the services that Lanspeed will include. Pricing adjustments may be necessary with any changes to scope of services. All prices are subject to an annual price increase of either 3% or the Consumer Price Index percentage, whichever is greater.
Pricing for Lanspeed’s Connect
Managed IT Services
3 Connect Managed Services Details for City of Solvang
• Based on a count of approximately 25 staff members that need IT support. • Lanspeed will install an agent on each Windows or Mac device. • Normal hours of support between 7am – 5pm Pacific time.
End User Support • 24x7x365 monitoring, alerting, patching & maintenance of servers, workstations and network infrastructure. • Support for server and network infrastructure: • Servers (Cloud or on-premises) • Windows workstations (approx. 50) • Firewalls (2) • Switches (3) • Wireless access points (all) Device Support • Microsoft 365 Licensing. • Sophos Central Complete MDR for all seats & servers • Sophos Email Protection
• Sophos Firewall Licensing (XG 210 & XGS 126) • Sophos Phish Threat • Business continuity services with offsite replication, up to 4TB model for core servers and Datto SaaS (60)
Licensing Included
• Support incidents classified as Critical for qualifying managed services and covered seats outside of Lanspeed
normal business hours will be included. • Remote support efforts must be exhausted prior to dispatching an outside technician. • After-hours or holiday support requested for non-critical issues will be billed separately according to Professional Services rate.
Emergency AfterHours Support or
Holiday Support • Upgrades or installs of new or replacement computers, limited to three (3) devices per month. Labor must not
take longer than 3 hours per device to complete. • Additional terms apply.
Labor for New /
Replacement
Workstations
Onsite | Full
Managed Services Onsite &
Remote
6 Months
Valid through 06/30/25
$4,902
per month
$0
one-time, one-month in
advance set up fee
Current
Copyright © 2024 Lanspeed. Confidential & Proprietary
Authorization
Approved and Accepted:
City of Solvang
Exhibit A
266
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:
SaberDome dba Lanspeed
805-682-9981 [email protected]
Toby Kruse
805-682-9981 [email protected]
606 Alamo Pintado Road Suite 3-302
Solvang CA 93463
www.lanspeed.com
Lanspeed agreement extension
12/2/2024
T.Kruse
267
268
269
270
271
272
273
274
275
CITY OF SOLVANG
PROFESSIONAL SERVICES AGREEMENT
This agreement is made upon the date of execution, as set forth below, by and between SaberDome Corporation dba Lanspeed, a California Corporation (“ Consultant”), and the City of Solvang (“ City”). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.0 GENERAL PROVISIONS
1.01 Term: This agreement will become effective on January 1, 2022, and will continue in effect until terminated as provided herein.
1.02 Services : Consultant shall perform the scope of work ( tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.
Consultant shall determine the method, details and means of performing the above-referenced services.
Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement. However, Consultant may not assign this agreement to any other person or entity in the performance of required project- related services, and the City may not control, direct or supervise Consultant’ s assistants or employees in the performance of those services.
1.03 Standard of Performance: Consultant’ s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’ s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.
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 DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 276
the sum of $57,120 annually subject to a 3% annual increase, unless and until this Agreement is amended as provided herein.
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-toexceed 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 extra- contractual services does not interfere with or present a conflict with City’ s business or interfere with the timely performance and completion of Consultant’ s services under this Agreement.
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 DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 277
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.
2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
2.04 Workers’ Compensation and Other Employee Benefits: City and Consultant intend and agree that Consultant is an independent contractor of City and agree that Consultant and Consultant’ s employees and agents have no right to Workers’ Compensation and other City-sponsored employee benefits. Consultant agrees to provide Workers’ Compensation and other employee benefits, where required by law, for Consultant’ s employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of Consultant and any of Consultant’ s employees or agents.
2.05 Indemnification
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 DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 278
adversarial proceeding arising from Consultant’ s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’ s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
c) Design Professional Services: In the event Consultant is a “ design professional”, and the Scope of Services require Consultant to provide “ design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs ( a) or ( b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“ City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’ s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’ s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’ s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph ( a), ( b), or ( c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’ s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’ s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’ s services or the termination of this Agreement.
2.06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.
3.0 OBLIGATIONS OF CITY
3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’ s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 279
accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.
4.0 TERMINATION OF AGREEMENT
4.01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 (thirty) days’ prior written notice to the other parties to this agreement.
4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 (thirty) days as set forth in section 4.01; c. End of the contract to which Consultant’ s services were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.
4.03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the nonbreaching 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 December 31, 2023, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement for two additional one-year terms 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 on January 1, 2022. It is contemplated that most of the services hereunder will be completed on or before December 31, 2023. TIME IS OF THE ESSENCE OF THIS CONTRACT. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.
5.03 Work Outside Contract 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 DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 280
the payment schedule and maximum payment amount for the changed or additional work.
The Contract Manger may order changes or additions to the scope of work. Whether a change or addition to the scope of work is proposed by the Consultant or ordered by the City Manager, the parties shall in good faith negotiate an appropriate adjustment, if any, to the payment schedule and maximum payment for the changed or additional work. An approved change or addition, along with the payment adjustment, if any, will be effective upon an amendment to this contract executed by both parties. The amendment shall not render ineffective or invalidate unaffected portions of this contract.
5.04 Confidentiality:
a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential. b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’ s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City.
c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons. Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information. d) Survival. Consultant’ s obligations under this paragraph shall survive the termination of this contract.
6.0 MISCELLANEOUS
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
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 281
Copy to: Dave Fleishman
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO CONSULTANT: Toby Kruse, CEO
SaberDome Corporation dba Lanspeed
597 Avenue of the Flags, Suite 103
Buellton, CA 93427
6.02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.
6.03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.
6.04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
6.05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.
6.06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
6.07. Integration and Modification: This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void.
No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
6.08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 282
contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
6.09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
6.10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
6.11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6.12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4.03.
6.13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act.
6.14 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
6.15. Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provision to which they relate.
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 283
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.
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 284
IN WITNESS WHEREOF, the parties have executed this contract on the following date.
Consultant:
Date: By:
Toby Kruse, CEO
City of Solvang:
Date: By:
Xenia Bradford, City Manager
APPROVED AS TO FORM:
City Attorney: Richards, Watson & Gershon
Date: By:
Dave Fleishman, City Attorney
ATTEST:
Annamarie Porter, City Clerk
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 12/ 22/ 2021
12/ 27/ 2021
12/ 22/ 2021
12/ 28/ 2021
285
EXHIBIT A
SCOPE OF WORK,
FEE SCHEDULE
PROJECT SCHEDULE
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 286
Lanspeed – Managed Services Approach
Lanspeed will provides the following services and roles for the City of Solvang:
1. Service Desk Support:
Lanspeed provides 24x7x365 monitoring, maintenance and support of all approved end users, servers and network infrastructure devices. These devices include but are not limited to routers, firewalls, switches, wireless access points, UPS’s, servers, workstations, mobile devices, cloud servers, etc. Lanspeed is fully staffed between the hours of 7am and 5pm Pacific time. We have team members on a rotational basis providing after-hours support.
Our request and escalation process are as follows: A service ticket is created either by the client or by the Lanspeed system agent. Service tickets can be created by phone, email, web site or system agent in the taskbar. That ticket is reviewed by either Lanspeed’s Service Desk Dispatcher or by pre-determined rules (automation & scripting) and assigned to the appropriate service team.
If it’s a Level 1 ticket, our Service Desk Level 1 team will attempt to remotely resolve the issue.
Over 95% of all service tickets are successfully closed by our Level 1 engineers. If the Level 1 team cannot resolve this issue within 30 to 45 minutes, they will escalate this to our Level 2 & 3 team. In our Managed Services Agreement, Lanspeed has an escalation matrix detailing how we determine the severity level of tickets and the time associated with opening and escalating tickets. Typically, an engineer will be sent on-site if a problem is unable to be resolved remotely.
Lanspeed utilizes industry leading device and network monitoring tools such as PRTG and ConnectWise Automate to provide around the clock monitoring. Our priority is to detect, diagnose and resolve problems before they become an issue.
Lanspeed keeps approved devices up to date with firmware and patching on a schedule.
Lanspeed keeps configurations and documentation updated in our Services Automation tool.
2. Vendor Support & Management:
Lanspeed has decades of experience working with numerous technology vendors such as Microsoft, Aruba, Sophos, Cisco, VMware, Eaton, HPE, Dell, Datto, etc. Lanspeed is a Silver Certified Microsoft Partner with competencies in Office 365, Azure, Active Director, Exchange, Windows Servers & Desktop, Hyper-V, etc. Lanspeed takes responsibility for providing vendor management. This reduces finger pointing and allows our clients to focus on their business rather than time spent interacting with vendors for support.
3. Network, Server & Cloud Support:
Lanspeed has extensive expertise in network management, network architecting and network troubleshooting. Our network engineers hold numerous certifications from Cisco, HP, Dell, Sophos, SonicWALL and other vendors. We use PRTG, ConnectWise Automate, Aruba Central and other tools to monitor and manage the network. We also document networks and keep the documentation up to date.
Over the past few years, we have migrated dozens of our clients to the cloud – mostly Microsoft Azure. We have developed deep expertise in managing Azure environments and other Microsoft Cloud services such as InTune. Lanspeed has a decade plus experience with Hyper-V and VMware for virtualization solutions.
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 287
4. Strategic IT Planning & Technology Alignment:
Lanspeed will analyze the IT environment on a consistent basis and provide suggestions and recommendations for areas of improvement via scheduling of quarterly Strategic Business Reviews (SBR’s). Lanspeed assigns a Technology Alignment Manager (TAM) and a virtual CIO vCIO) to each account. The TAM provides monthly reporting and health / alignment reviews.
We review IT strategies, IT budgeting and business needs related to technology. A well-planned and executed IT strategy can provide a significant competitive advantage, reduce costs, and improve operational efficiencies. Some organizations may not have the in-house expertise and knowledge to develop a comprehensive IT strategy or have the ability to successfully implement it.
5. Cybersecurity:
Cyber threats are continuously evolving and organizations today need a comprehensive security approach to stay protected. Lanspeed recommends and will implement a multi-layer approach including perimeter security, endpoint protection, 24x7 SOC services, MFA, business continuity planning, staff training, etc.
Service Ticket Severity Levels and On- Site Response Times Severity Level Definition
1 System wide outage. The City is unable to conduct business or services for all users have failed. Examples may be a server down, network down, or primary application down.
2 Down department. A department or shared device is down and affecting more than 20% of the City’s users.
3 Down user or issue that is affecting less than 20% of the City and operations can continue.
4 Request from any single user for new service or clarification such as new user logins, new workstation setups, etc.
5 Long term projects planned preventative maintenance, or issues that are not time sensitive.
Severity
Level
On-Site Response Times
Normal Business Hours Non-Business
Hours
1 2 Hour 3 Hours
2 4 Hours 6 Hours
3 24 Hours Scheduled
4 48 Hours Scheduled
5 Scheduled Scheduled
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 288
Lanspeed’ s Connect Managed Services pricing is based on the size of your organization and the services that Lanspeed will include. This quote is good until December 31, 2021. All prices are subject to a 3% annual increase.
Pricing for
Lanspeed’ s Connect
Managed IT Services
Lanspeed’ s Connect
Managed Services On-site &
Remote Support
2 year term
Month- to-month thereafter
4,760
per month
0 one-time setup fee
Copyright © 2021 Lanspeed. Confidential & Proprietary
Connect Managed Services Details for the City of Solvang End User Support (POC)
Lanspeed leads with remote support whenever possible and will provide onsite support when required. Pricing is based on the current count of approximately 25 staff members and primarily interfacing with one or two inhouse point of contacts ( POC’ s).
Lanspeed will install an agent on each Windows or Mac device for the end user to be able to create a service request. Other methods of contact: email, phone, web portal.
Normal hours of support between 7am and 5pm Pacific Time.
Device Support
24x7x365 monitoring, alerting, patching & maintenance of servers, workstations and network infrastructure
Support for server and network infrastructure:
Servers ( cloud or on-premises)
Windows workstations ( approx. 50)
Firewalls ( 3), Managed Switches ( 3), Unmanaged Switches Wireless access points ( all)
Licensing Included
Sophos XG 210 Firewall Licenses included
Microsoft 365 licensing for all users included
Sophos Intercept- X Advanced with EDR & MTR ( SOC Services) included Sophos Central Email Protection included
Sophos Mobile Device Management will be included with new proposed pricing.
After-Hours Support • After-hours remote business critical support included. Non-business critical after- hours support will be billed at an hourly rate.
Pricing Adjustments
If the end user count or network infrastructure grows or shrinks by more than 10%, Lanspeed has the option to adjust the monthly pricing to reflect the change in size.
Service Rates for Professional Services
Standard $ 250/ hour
After Hours 1.5x standard
Holiday Hours 2x standard
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 289
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.
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 290
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’ s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
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 DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 291
self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety ( 90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether 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 DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 292
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.
DocuSign Envelope ID: 33B8718E- 399C-4CCB- 9C3A-72B3D46ECBEC 293
Note: Please submit the fully signed, filled in License Transfer Form by opening a Customer Care case on Sophos' Support Portal:
hflps:/ IsupporLsophoss comisupport
Sophos Limited
The Pentagon, Abingdon Science Park
Abingdon, 0X14 3YP
United Kingdom
Re: Request for Consent to Transfer Sophos Licenses
We, the undersigned, acknowledge and agree that
any transfers of Products are subject to Sophos' consent; Entitlements acquired or renewed on or after January 17, 2022 are governed by the Sophos End -User Terms of Use; the use of Sophos Hardware is governed by the Sophos End - User Terms of Use, as modified by Sophos Hardware Terms, In the event that the transfer involves Sophos Hardware, it is the Transferring Company' ssole responsibility to remove any of its confidential, personal or other data from the Hardware prior to transfer. The obligation to physically move the Hardware shall not be on Sophos at any point of time; all perpetual software licenses are governed by Sophos End User License Agreement; and as part of the transfer we will ensure that: ( i) the entire Entitlement is transferred to a single recipient ( the Receiving Company) and is not sub -divided, ii) the Product, that is transferred under this Letter, is deleted by the Licensee ( the Transferring Company) at the time of transfer and would not be reinstalled or used by the Transferring Company after the transfer, ( iii) the Transferring Company passes full details of the Receiving Company to Sophos, and ( iv) the Receiving Company agrees to be bound by the terms and conditions of the Sophos End -User License Agreement ( for perpetual software licenses), and the Sophos End - User Terms of Use ( for all other licenses).
Subject to the above, this signed letter shall serve as the required notice to Sophos of arequest to transfer the below Sophos Product( s) to the Receiving Company specified below.
By signing below, Transferring Company certifies that it has complied with the applicable transfer requirements stated above, hereby assigns the Products listed below with effect from the date on which Sophos approves the license transfer request.
By signing below, Receiving Company certifies that it accepts and agrees to be bound by the terms and conditions of the applicable Sophos license agreement( s) mentioned in this Letter including the payment of all applicable fees.
C1A2016X4KFV2DB Appliance
X-S125 L0011941446 Subscription 1
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Company Name
Transferring Company Details
Lanspeed
Receiving Company Details
City of Solvang
Address
Street
City, State, Postal Code
Country
597 Avenue of the Flags
Suite 103
Buellton, CA 93427
United States
1644 Oak Street
Solvang, CA 93463
United States
Phone Number 805- 682- 9981 805- 688- 5575
Contact Name John Pierce Brad Vidro
Contact Email pierce@lanspeed. com bradv@cityofsolvang. com Transferring Company
Authorized Signatory: John Pierce
Print Name & Title: John Pierce & Procurement
Date: 11/ 6/ 2022
Receiving Company.
Authorized Signatory
Print Name & Title:
Date:
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SPHS0062022 294
CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.c
Meeting Date: December 9, 2024
SUBJECT: Approve Amendment 1 to the Agreement with Brightview Landscape Services for Landscape Maintenance Services for Solvang Mesa for the additional amount of $22,146, for a total agreement amount not to exceed $577,285.58, and to extend the term to March 31, 2025, and authorize the Mayor to execute on behalf of the City.
PREPARED BY: Rodger A. Olds, Director of Public Works/City Engineer
DISCUSSION: The City Council adopted the Tentative Vesting Map for the Skytt Mesa Project on May 27, 2003. Per Condition No. 50 of that 169-lot subdivision, the applicant was required to establish a Landscape and Lighting Maintenance District (LLMD) prior to the recordation of the first phase final map. Solvang Mesa Landscape & Lighting Maintenance District No. 2004-1 was established in November 2004. The assessment district includes 169 properties with shared lighting, landscaped frontages, open spaces, and a stormwater detention basin area in Hans Christian Andersen (HCA) Park.
The City of Solvang has been under contract with Brightview Landscape Services to perform maintenance for the landscaping and irrigation of the shared frontages, open spaces and the basin area since February 2019. The current contract, attached to this report as Attachment B, expires on December 31, 2024.
The City has prepared a Request for Proposals (RFP) to formally advertise for a new Landscape Maintenance contract. Due to the pending holiday season as well as city staff turnover, staff was delayed in the preparation and advertising of the RFP. Furthermore, staff wishes to extend the RFP process to ensure an appropriate amount of time is given for the RFP advertisement and scoring of the proposals received. Staff is confident that a contractor can be selected and an award of a new contract can be brought to City Council by the end of March, 2025. The RFP proposes a new three-year contract with provisions for two additional one-year extensions.
Staff has contacted Brightview Landscape Services and they are agreeable to continue their services until the end of March at the same monthly rate which is currently $7,382 per month.
Staff is seeking council approval to extend the contract term until March 31, 2025 for a total additional amount of $22,146, and authorize the Mayor to sign the contract Amendment No. 1, Attachment A to this report.
ALTERNATIVES: Council could decide to not approve Amendment No. 1 to the Contract. This would leave the City without a contractor to complete the work for approximately three (3) months until the completion of the RFP process and a new contract can be awarded by Council.
FISCAL IMPACT: The cost for landscape maintenance at the current contract amount is included in the currently approved Fiscal Year 2024-25 budget. No budget adjustments are required.
ATTACHMENTS:
A. Original Agreement with Brightview Landscape Services, Inc. dated February 1, 2019 B. Campaign Disclosure Form
C. Amendment 1 to the Agreement with Brightview Landscape Services, Inc. 295
AMENDMENT NO. 1
to the Agreement with
BRIGHTVIEW LANDSCAPE SERVICES, INC
THIS FIRST AMENDMENT is made and entered into this 9th day of December 2024 between the CITY OF SOLVANG, a municipal corporation, and Charter City and BRIGHTVIEW LANDSCAPE SERVICES, INC, (Consultant). In consideration of the mutual covenants and conditions set forth in the original Agreement for Solvang Mesa landscape maintenance services dated, February 1, 2019, the parties agree to this first amendment for the additional amount not to exceed $22,146, for a total contract amount not to exceed $577,285.58, and to extend the term to March 31, 2025.
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.
All remaining portions of the original Agreement and applicable portions of prior Amendment(s) shall remain in full force and effect.
CITY OF SOLVANG BRIGHTVIEW LANDSCAPE SERVICES INC
David Brown, Mayor Tony Messina, Vice President/General Manager APPROVED AS TO FORM:
Chelsea O’Sullivan, City Attorney
ATTEST:
Annamarie Porter, City Clerk
296
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:
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Attachment B
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CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.d Meeting
Date: December 9, 2024
SUBJECT: Approve a Memorandum or Understanding between the Cities of Lompoc, Buellton, Solvang and the County of Santa Barbara for the operation and shared funding of the inter-agency transit service for the amount not to exceed $20,000, for a total contract amount not to exceed $100,000., for the term July 1, 2024 – June 30, 2029 and authorize the Mayor to execute on behalf of the City. .
PREPARED BY: Rodger A. Olds P.E., Director of Public Works/City Engineer DISCUSSION: In response to the need for inter-regional transit service in north Santa Barbara County, in 2006, the North County Regional Transit Plan adopted by SBCAG, called for expansion of interregional transit service. The Plan led to development of the Wine Country Express (WCE) between the Cities of Lompoc, Buellton and Solvang (Santa Ynez Valley). The service began in 2008.
The WCE offers a fixed route service between Lompoc and Solvang three times a day, Monday through Saturday. The current route map and schedule is attached to this report as Attachment A. This provides a connection between the City of Lompoc Transit (COLT) service and the Santa Ynez Valley Transit (SYVT)
The shared service was established by a multi-agency Memorandum of Understanding (MOU). The previous Wine Country Express (WCE) MOU expired on June 30, 2024. The City of Lompoc approved an updated MOU included in this report as Attachment B, on June 4th, 2024, however it was not sent to the member agencies until recently. The updated WCE MOU proposes a five-year continuation of the partnership between the Cities of Lompoc, Buellton, and Solvang, and County of Santa Barbara, expiring on June 30, 2029.
The City of Lompoc has continued to provide the service in good faith and the City of Solvang has continued to fund the program in absence of the MOU since July 1, 2024. The current rate billed to the city is $20,000 per year, which is consistent to past years of the service. Funding is from the Transportation Development Act (TDA). The City of Solvang’s 2024-25 budget is funded in the amount of $24,000 for this service.
The City of Lompoc prepares all necessary service reporting to the regulatory agencies. The MOU does include a “Working Group” consisting of city and county staff, to assist in further development and evaluation of the service as necessary.
Staff is requesting City Council to approve the MOU, Attachment B, between the Cities of Lompoc, Buellton and Solvang, and the County of Santa Barbara for continued City of Solvang participation in the Wine Country Express inter-agency transit service, based on approval as to form of the final MOU by the City Attorney, and authorize execution of the MOU and by the mayor.
ALTERNATIVES: Council could elect to not approve the MOU and not participate in this inter-agency transit service. This would impact the funding of the existing service and would likely result in the discontinuation of the service into the City of Solvang.
FISCAL IMPACT: The MOU is an existing service that is currently budgeted. There is no additional fiscal impact. The City of Solvang’s share of the service is currently $20,000 per year from Transportation Development Act funds.
328
ATTACHMENTS:
A. Current Wine Country Express Route Map and Schedule
B. Memorandum of Understanding
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2024-29 Wine Country Express Service MOU – Page 1 of 14
WINE COUNTRY EXPRESS
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITIES OF LOMPOC, BUELLTON, AND SOLVANG AND
THE COUNTY OF SANTA BARBARA
Regarding Continuation of the Wine Country Express Service to Provide Regular, Fixed-Route, Public Transit Service between Lompoc, Buellton, and Solvang
Effective Date: July 1, 2024
This Memorandum of Understanding (“MOU”) is entered into between the City of Lompoc, a municipal corporation (“Lompoc”), the City of Buellton, a municipal corporation (“Buellton”), the City of Solvang, a municipal corporation (“Solvang”), the County of Santa Barbara, a local governmental State agency (the “County”), collectively referred to herein as the “Parties,” for the purpose of defining agency roles, responsibilities, and commitments in conjunction with the continuation of a service to provide regular, fixedroute public transportation service on the Highway 246 corridor between Lompoc, Buellton, and Solvang.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows:
1. Description
The Wine Country Express Continuation Project (the “Service”) will provide regularly scheduled, fixed-route, intercity bus service between Lompoc, Buellton, and Solvang.
The Service will be open to the public, for all trip purposes, and will be fully accessible to people with disabilities. Lompoc, in coordination with Buellton, Solvang and the County will operate the service. The service will continue on July 1, 2024, or on the date when all Parties have signed this MOU, whichever occurs later. This MOU will remain in effect until June 30, 2029, contingent on the availability of funding and service performance.
2. Lead Agency
Lompoc shall be the sole administrator of the Service and shall be responsible for service contracting with a qualified bus operator (“Contractor”) and compliance with all federal and state requirements.
3. Service
This MOU contains the budget, funding obligations, and performance requirements for the Service. Annual performance measures for the term of the Service will provide thresholds to gauge the Service’s performance. If the service is failing to meet one or more performance measures, then reasonable efforts will be made to modify the 333
2024-29 Wine Country Express Service MOU – Page 2 of 14 Service to improve performance. The Service may also be discontinued by termination of this MOU after reasonable efforts have been made.
4. Procurement of Insurance Coverage and Indemnification The Parties agree to procure and maintain liability insurance in an amount sufficient to protect against claims that may be filed against the Parties for the services they provide, or the Parties may elect to self-insure against such claims as provided by their respective government policies.
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree all losses or liabilities incurred by a Party shall not be shared pro rata, but instead the Parties agree, pursuant to Government Code Section 895.4, each Party hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under, or in connection with, or arising out of any work, authority or jurisdiction delegated to such Party under this MOU. No Party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees, or agents, under, or in connection with, or arising out of any work, authority or jurisdiction delegated to such other Parties under this MOU.
5. Contractor Insurance
Lompoc shall require Contractor to comply with the indemnity and insurance requirements specified in Attachment A and provide all Parties with copies of the Certificates of Insurance, including the endorsement(s) naming the Parties as additional insureds.
6. Nondiscrimination
Lompoc shall require Contractor to comply with the nondiscrimination requirements of the Parties, including the following nondiscrimination language insofar as consistent with those requirements:
“During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, or service customer because of legally protected characteristics or conduct including sex, race, color, ancestry, religious creed, national origin, physical disability, medical condition, age, or marital status. Contractor shall ensure that the evaluation and treatment of their employees, applicants for employment and service customers are free from such discrimination.” 334
2024-29 Wine Country Express Service MOU – Page 3 of 14
7. Service Plan
The Service will operate six days a week, Monday through Saturday. To the extent practicable, the services will provide for efficient interlinking connections between City of Lompoc Transit (COLT), and Santa Ynez Valley Transit (SYVT).
The Service will operate a minimum of three (3) round trips per day in the morning, mid-day, and afternoon. Service may be expanded above minimum levels with the unanimous approval of the Parties. The service shall include stops in Lompoc, Buellton, and Solvang with stops at intermediate locations subject to change as demand warrants.
8. Funding
The Parties will share equally in the net costs associated with the Service, after deducting all passenger and other operating revenue, Federal Transit Administration, and other grants.
The primary source of funding for the Service will be Transportation Development Act funds. The Parties will provide Transportation Development Act funds or Local Measure A funds as matching funds, or other local funding if it becomes available. If additional funds are not secured, the Parties will work cooperatively to identify other matching fund sources or, if other funding sources are not available, may choose to terminate the Service.
Lompoc will, on an annual basis, provide an annual projection to the Parties for the net operating costs, after deducting passenger fares and other operating revenue and operating assistance from any state and federal grants for the purpose of the Service.
The annual projection will also include the vehicle replacement costs and infrastructure costs specific to operating the Service. The annual projection will be equally divided to each Party as their contribution. Parties agree to commit their respective Transportation Development Act and/or Local Measure A apportionments for the operation of the Service and vehicle replacements for this Service. This allocation is subject to the Parties’ respective governing bodies.
9. Securing Funding
The Parties will work cooperatively to pursue other federal or state grant opportunities where appropriate for the Service in order to augment or reduce the Federal Transit Administration, Transportation Development Act and local funds needed for continuation of the Service. Lompoc will be responsible for submitting grant applications. Lompoc may seek assistance from the other Parties with preparation of grant applications.
If a local match is required to receive grant funding, then the Parties will share equally in the matching funds needed to meet the required local match and will execute the necessary paperwork to facilitate receipt of grants.
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2024-29 Wine Country Express Service MOU – Page 4 of 14
10. Reporting
Lompoc shall submit or have Contractor prepare and submit report(s) to the Parties that demonstrate compliance with this MOU. Lompoc will prepare and distribute the annual report to the Parties upon receiving its year-end closeout information.
11. Records, Audit and Review
Lompoc shall keep such business records pursuant to this MOU as would be kept by a reasonably prudent transit operator, and where necessary, shall require Contractor to keep such records, and shall maintain or require the maintenance of such records for at least five (5) years following the termination of this MOU, or longer, if required by any granting agency providing funds for the Service. Such records shall include documents necessary to show compliance with Paragraph 13, “Performance Measures.” All accounting records shall be kept in accordance with generally accepted accounting principles. Any Party shall have the right to audit and review all such documents and records at any time during Lompoc’s or Contractor's regular business hours upon reasonable notice.
12. Working Group
A Working Group will be established consisting of one (1) staff representative from each Party.
The Working Group will assist in the development and evaluation of detailed service plans, routes, schedules, budget, performance measures, and other service details.
The Working Group shall be appraised on the selection of the service Contractor by Lompoc. The Working Group may take any action by a vote of three (3) affirmative votes.
Santa Barbara County Association of Governments (SBCAG) shall be a non-voting member of the Working Group unless a majority vote is held to remove them.
Additional non-voting members may be added and removed by majority vote.
The Working Group will meet as necessary to discuss the performance of and make recommendations on the Service.
13. Performance Measures
The Working Group, shall develop performance measures and evaluate the effectiveness of the Service based on the following performance measures:
● Fare box recovery ratio (goal of 20%).
● Operating cost per passenger.
● Operating cost per vehicle service hour.
● Passengers per vehicle service hour.
336
2024-29 Wine Country Express Service MOU – Page 5 of 14 ● Passengers per vehicle service mile.
● Passengers per trip.
As required by the Federal Transit Administration, Lompoc, as the administrator of the Service, will collect and report financial (operating expenses) and non-financial (ridership) data to the National Transit Database.
The Working Group will evaluate performance reports prepared annually by Lompoc based on performance indicators for the Service.
14. Bus Equipment
The Service will utilize Americans with Disabilities Act (ADA) compliant transit buses suitable for freeway operations.
Lompoc shall utilize a bus from its COLT fleet for the operation of the Service. A projected replacement service life for that bus shall be five (5) years at which time the contributions from the Parties shall be used to purchase a bus.
15. Service Contracting
Lompoc will prepare any Request for Proposals (RFP) needed for the provision of operating services by a Contractor for the Service. The RFP shall meet all applicable state and federal requirements. The Working Group will review and provide input on the scope of work. Alternatively, with the approval of the Working Group, Lompoc may amend an existing transit service contract to provide the Service. Lompoc will be responsible for the sale of advertising, if any, on the Service. Proceeds from such advertising shall be included in the operating revenues of the Service.
16. Fares
One-way fares for the service will be $2.50 for adults and $1.25 for seniors and people with disabilities. Monthly passes will be $93.75 for adults and $46.75 for seniors and persons with disabilities. All local transit agencies will work together to ensure that transfers are free from the intercommunity service to local systems. Fare changes shall be subject to the approval of Lompoc City Council to maintain performance mandates.
17. Marketing
Marketing activities, promotional materials, printed schedules, etc., will be developed by Lompoc. Marketing costs are included in the anticipated annual operating cost as stated in Section 13 – Performance Measures. All Parties will work cooperatively to develop marketing strategies that maximize ridership and effectiveness of the services. The Service will be promoted by all Parties. All Parties will post the Service schedule and other information on their websites. SBCAG’s existing 337
2024-29 Wine Country Express Service MOU – Page 6 of 14 guaranteed-ride-home program will be available to users of the Service through the Traffic Solutions program. The guaranteed-ride-home service is not the responsibility of the Parties and is not a part of this MOU.
18. Amendment
This MOU may be amended or extended only with the written consent of all Parties.
19. Termination
Any Party to this MOU may terminate its participation under this MOU by giving 90 days’ written notification to the other Parties.
20. Integration
This MOU represents the entire and integrated agreement among the Parties and supersedes all other negotiations, representations, and agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this MOU which is not contained herein shall be valid or binding.
21. California Law to Apply
This MOU shall be construed under and in accordance with the laws of the State of California. All obligations created under this MOU are performable in California.
22. Jurisdiction
Jurisdiction and venue of all lawsuits over the terms of this MOU shall be in the superior court of Santa Barbara County, Santa Maria Branch, State of California.
23. Warranty of Authority
Each person signing this MOU on behalf of a Party warrants that they have authority to do so.
24. Waivers
The waiver by any Party to this MOU of any term, covenant, or condition of this MOU or of any provision, ordinance, or law, shall not be deemed to be a continuing waiver of such term, covenant, condition, or law, or of any subsequent breach or violation of the same, or of any other term, covenant, and ordinance of law. Failure to enforce with respect to a default shall not be construed as a waiver. 338
2024-29 Wine Country Express Service MOU – Page 7 of 14
25. Severability
The provisions of this MOU are severable. If any part of this MOU is held invalid by a court of competent jurisdiction, then the remainder of the MOU shall remain in full force and effect unless amended or modified by mutual written consent of the Parties.
26. Points of Contact
All notices referenced in this MOU shall be in writing and shall be given by first class mail addressed as follows, or at such other address or to such person the Parties may from time-to-time designate in writing:
City of Lompoc
Transit/Airport Administrator
100 Civic Center Plaza
Lompoc, CA 93436
City of Buellton
Public Works Director
107 West Highway 246
Buellton, CA 93427
City of Solvang
Public Works Director
411 Second Street
Solvang, CA 93463
County of Santa Barbara
Alternative Transportation Manager
123 East Anapamu Avenue, 2nd Floor
Santa Barbara, CA 93101
27. Counterpart Signatures & Effective Date
The Parties agree that this MOU may be signed in counterparts and shall become effective when fully executed by all Parties.
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2024-29 Wine Country Express Service MOU – Page 8 of 14
CITY OF BUELLTON
_________________________________
Mayor David King
_________________________________
Date
Approved as to Form:
Greg Murphy
City Attorney of Buellton
By:_________________________
Greg Murphy, City Attorney of Buellton
340
2024-29 Wine Country Express Service MOU – Page 9 of 14
CITY OF LOMPOC
By: _________________________________
Dean Albro, City Manager
_________________________________
Date
ATTEST
By: ______________________________
Stacey Haddon, City Clerk
Approved as to Form:
Jeff Malawy
City Attorney
By: ______________________________
Jeff Malawy, City Attorney
341
2024-29 Wine Country Express Service MOU – Page 10 of 14
CITY OF SOLVANG
_________________________________
Mayor Mark Infanti
_________________________________
Date
ATTEST
By: ____________________________
Approved as to Form:
___________________
City Attorney
By:_________________________
Richards, Watson & Gershon, City Attorney for City of Solvang
David Brown, Mayor
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2024-29 Wine Country Express Service MOU – Page 11 of 14
COUNTY OF SANTA BARBARA
_________________________________
Supervisor Steve Lavagnino, Chair
_________________________________
Date
ATTEST:
By: _____________________________
Clerk of the Board
Approved as to Form:
MICHAEL C. GHIZZONI,
COUNTY COUNSEL
By:____________________
Rachel Van Mullem, Senior Deputy,
Counsel for County
By: ________________________
Betsy M. Schaffer, Auditor-Controller
By:_________________________
Risk Management
343
2024-29 Wine Country Express Service MOU – Page 12 of 14 Attachment A
Contractor shall comply with the following requirements. Contractor shall not subcontract any services provided under this MOU without the written consent of the Parties and full compliance by any subcontractor with the requirements of this Agreement.
1. Indemnification. Contractor (Transportation Company) agrees to indemnify, defend (with counsel reasonably approved by legal counsel for the Parties) and hold harmless the Parties and their authorized elected officials, officers, employees, agents and volunteers from and against any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses (including but not limited to attorneys’ fees) incurred by the Parties on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. Contractor shall notify the Parties immediately in the event of any accident or injury arising out of or in connection with this Agreement. This Indemnification provision shall survive any expiration or termination of this Agreement.
2. Insurance; Insurance Specifications. Contractor agrees to provide insurance in accordance with the requirements herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, Contractor agrees to amend, supplement, or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services.
Without in any way affecting the indemnity herein provided and in addition thereto, Contractor shall secure and maintain throughout the Agreement term the following types of insurance with limits as shown:
A. Workers’ Compensation/Employers’ Liability. A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with one-million-dollar ($1,000,000) limits covering all persons including volunteers providing services on behalf of Contractor and all risks to such persons under this Agreement.
If Contractor has no employees, it may certify or warrant to the Parties that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the Parties.
B. Commercial/General Liability Insurance. Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000) per occurrence and a two million dollar ($2,000,000) general aggregate limit. 344
2024-29 Wine Country Express Service MOU – Page 13 of 14 C. Automobile Liability Insurance. Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than three million dollars ($3,000,000) for bodily injury and property damage, per occurrence.
D. Umbrella Liability Insurance. An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements.
When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy.
The coverage shall also apply to automobile liability. An Additional Insured Endorsement shall be provided on the Umbrella policy as it relates to the primary policies requiring an Additional Insured Endorsement.
3. Additional Insured. All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the Parties and their elected officials, officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the Parties to vicarious liability but shall allow coverage for the Parties to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
4. Waiver of Subrogation Rights. Contractor shall require the carriers of required coverages to waive all rights of subrogation against the Parties, their elected officials, officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
Subcontractors hereby waive all rights of subrogation against the Parties.
5. Policies Primary and Non-Contributory. All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the Parties.
6. Severability of Interests. Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no crossliability exclusions that preclude coverage for suits between Contractor and the Parties or between any Party and any other insured or additional insured under the policy.
7. Proof of Coverage. Contractor shall furnish Certificates of Insurance to the Parties evidencing the insurance coverage, including Additional Insured Endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Parties, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Agreement, Contractor shall furnish a copy of the Declaration page for all applicable 345
2024-29 Wine Country Express Service MOU – Page 14 of 14 policies and will provide complete copies of the policies and endorsements immediately upon request.
8. Acceptability of Insurance Carrier. Unless otherwise approved by the Parties, insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best’s Insurance Guide rating of “A- VII”.
9. Deductibles and Self-Insured Retention. Any and all deductibles in excess of $10,000 shall be declared to the Parties. A Self-Insured Retention is not acceptable. 346
CITY COUNCIL STAFF REPORT
AGENDA ITEM 5.e
Meeting Date: December 9, 2024
SUBJECT: Approve Amendment 1 to the agreement with Cannon Corporation for Wastewater Treatment Facility Manual and Adaption Plan Services to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City.
PREPARED BY: Olivia Uribe Mutal, Management Analyst
DISCUSSION:
The City of Solvang is required to submit two key documents for the Wastewater Treatment Facility under Central Coast Regional Water Quality Control Board (RWQCB) General Permit Order No. R3- 2000202-0 (effective June 10, 2022): an Operations and Maintenance Manual and a Climate Change Adaptation Plan.
On December 11, 2023, City Council approved a contract with Cannon Corporation (Cannon) to develop these documents in conjunction with staff. While both have been submitted to the RWQCB, feedback is pending. Staff recommend extending the contract end date from December 31, 2024 to June 30, 2025. This extension will allow Cannon to remain under contract to assist with questions or concerns submitted by the RWQCB. The extension is for additional time and maintains the original contract amount of $113,769.
ALTERNATIVES:
A. Not approve the extension. This jeopardizes the City’s compliance with State regulations for both plans to be finalized and accepted by the RWQCB.
ATTACHMENTS:
A. Amendment 1
Campaign Disclosure Form
B. Original Contract for services
347
AMENDMENT NO. 1
to the Professional Services Agreement with
CANNON CORPORATION
THIS FIRST AMENDMENT is made and entered into this 9TH day of December 2024 between the CITY OF SOLVANG, a municipal corporation, and Charter City (City), and CANNON CORPORATION, a California Corporation (Contractor). In consideration of the mutual covenants and conditions set forth in the original Agreement dated, January 9, 2024, for Professional Services “scope of work” herein referenced as “proposal” and for the total amount not to exceed $113,769 attached herein as Exhibit “A” to this agreement, to extend the term to June 30, 2025.
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.
All remaining portions of the original Agreement and applicable portions of prior Amendment(s) shall remain in full force and effect.
CITY OF SOLVANG CANNON CORPORATION
David Brown, Mayor Larry P. Kraemer, Director, Water Resources Division APPROVED AS TO FORM:
Chelsea O’Sullivan, City Attorney
ATTEST:
Annamarie Porter, City Clerk
348
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:
349
DocuSign Envelope ID: 7A84250E- A721- 4709- 8837-6CEE35BC174
CITY OF SOLVANG
PROFESSIONAL SERVICES AGREEMENT
SOLVANG
The Danish Capitol of. Imerico
PARTIES AND DATE. This Agreement is made and entered into this 11th day of December, 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 CANNON CORP, a California Corporation with its principal place of business at 1050 Southwood Dr, San Luis Obispo, CA 93401 (" Consultant").
City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1. 0 GENERAL PROVISIONS
1. 01 Term: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein.
1. 02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.
Consultant shall determine the method, details and means of performing the above - referenced services.
Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.
However, Consultant may not assign this agreement to any other person or entity in the performance of required project -related services, and the City may not control, direct or supervise Consultant' s assistants or employees in the performance of those services.
1. 03 Standard of Performance: Consultant' sservices 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' sprofession 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 $113, 769, unless and until this Agreement is amended as provided herein.
Cannon Corp Climate Change
350
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1. 05 Billing/ Payment Terms. All charges for Consultant' sservices 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' ssole discretion, as long as the performance of these extra - contractual services does not interfere with or present a conflict with City' s business or interfere with the timely performance and completion of Consultant' sservices under this Agreement. b) Consultant shall comply with all conflict of interest laws and regulations including, without limitation, the City' sConflict of Interest Code ( on file in the City Clerk' sOffice). 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 functi n and therefore, unlikely to have a conflict of interest arise. No disclosures are required for ficers, 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' swork product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City' s
Conflict of Interest Code.
Matt van der Linden
2. 03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
Cannon Corp Climate Change
351
DocuSign Envelope ID: 7A84250E- A721- 4709- 8837-6CEE35BC174
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' semployees and agents have no right to Workers' Compensation and other City - sponsored employee benefits. Consultant agrees to provide Workers' Compensation and other employee benefits, where required by law, for Consultant' semployees 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' semployees 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' sperformance or Consultant' sfailure 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' sfailure 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' sperformance 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' sperformance of Cannon Corp Climate Change
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DocuSign Envelope ID: 7A84250E- A721- 4709- 8837-6CEE35BC174 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' sproportionate 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' sfees, expert fees and costs of litigation. The provisions of this Section 2. 05 shall survive completion of Consultant' sservices or the termination of this Agreement.
2. 06 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement.
3. 0 OBLIGATIONS OF CITY
3. 01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant' sduties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.
4. 0 TERMINATION OF AGREEMENT
4. 01 Termination Notice: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause, by giving at least 30 ( thirty) days' prior written notice to the other parties to this agreement.
4. 02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
a. Sale of the business of any party;
b. The end of the 30 ( thirty) days as set forth in section 4. 01; c. End of the contract to which Consultant' sservices were necessary; or d. Assignment of this agreement by Consultant without the consent of City. e. Death of any party.
4. 03 Termination by any Party for Default: Should any party default in the performance of this agreement or materially breach any of its provisions, the non -breaching party, at its option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party.
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4. 04 Termination: This agreement shall terminate on December 31, 2024, 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' sscope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons.
Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
d) Survival. Consultant' sobligations under this paragraph shall survive the termination of this contract.
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6. 0 MISCELLANEOUS
6. 01 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and delivered or, in lieu of such personal service, when deposited in the United States mail, first class postage prepaid, to the following address for each respective party:
PARTY ADDRESS
TO: CITY OF SOLVANG
Copy to:
TO CONSULTANT:
City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Dave Fleishman
City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
Cannon Corp
1050 Southwood Dr.
San Luis Obispo, CA 93401
6. 02 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time, should any need for interpretation of this agreement or any decision or holding concerning this agreement arise.
6. 03 Binding Effect: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as consent by City to any assignment of this agreement or any interest in the agreement.
6. 04 Remedies: The remedies set forth in this agreement shall not be exclusive, but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
6. 05 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties.
6. 06 Ownership of Work Product: Upon delivery, the work product, including without limitation, all original reports, writings, recordings, drawings, files, and detailed calculations developed under this contract are the property of the City. Consultant agrees that all copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
6. 07. Integration and Modification:
a) This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or Cannon Corp Climate Change
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DocuSign Envelope ID: 7A84250E- A721- 4709- 8837-6CEE35BC174 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: n/ a
6. 08. Advice of Counsel: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract.
6. 09. Independent Review: Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
6. 10. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach hereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
6. 11 No waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement.
6. 12. Assignment: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement, giving rise to a right to terminate as set forth in Section 4. 03.
6. 13. Time for Performance: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, epidemics, pandemics, or any other cause, except financial inability, which is the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused: provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement of the Cannon Corp Climate Change
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DocuSign Envelope ID: 7A84250E- A721- 4709- 8837-6CEE35BC174 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
By:
Date:
DocuSigned by:
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Mark Infanti, Mayor
1/9/ 2024
APPROVED AS TO FORM
Richards, Watson & Gershon
DocuSigned by:
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Dave Fleishman, City Attorney
By:
Date:
1/ 9/ 2024
ATTEST:
DocuSigned by:
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Annamarie Porter, City Clerk
CONTRACTOR
CANNON CORP.
DocuSigned by:
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By. \- 57A1F396AB0E44F
Larry Kraemer, Director, Public Infrastructure
1/9/ 2024
Date:
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EXHIBIT A
SCOPE OF WORK,
FEE SCHEDULE
PROJECT SCHEDULE
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November 3, 2023 Sent via e- mail
Mr. Nathan Giacinto
Wastewater Division Supervisor
City of Solvang
1644 Oak Street
Solvang, CA 93463
PROJECT: OPERATIONS AND MAINTENANCE MANUAL, SOLVANG WASTEWATER TREATMENT FACILITY CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD, ORDER NO. R3- 2020- 0020 Dear Mr. Giacinto:
This proposal presents our understanding and approach to updating the City' s Operations and Maintenance Manual ( O&M Manual) for the Wastewater Treatment Facility ( WWTF). The Central Coast Regional Water Quality Control Board ( CCWQCB) General Permit Order No. R3- 2020- 0020 (General Permit) requires this O&M Manual as part of the City' s new waste discharge requirements effective June 10, 2022.
The City must prepare the following technical reports within specific timelines per the new Order: Operations and Maintenance Manual, Climate Change Adaptation Plan, and Time Schedule Compliance Plan. The Operations and Maintenance Manual has the shortest timeline and is the focus of this proposal.
If this proposal meets with your approval, please sign and return our Acceptance of Proposal page, or, provide a project - specific Professional Services Agreement ( PSA), or a change order to an existing PSA, any of which will serve as our Notice to Proceed. The fees quoted in this proposal are valid for 60 days from this date and are based upon current California prevailing wage.
Sincerely,
Larry Kraemer, PE
Director, Public Infrastructure Division
C 44813
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PROJECT UNDERSTANDING AND APPROACH
On June 10, 2022, the City of Solvang received its notice of applicability for enrollment in the CCRWQCB' sGeneral Waste Discharge Requirements Order No. R3- 2020 for Discharges from Domestic Wastewater Systems with Flows Greater than 100, 00 Gallons per Day (General Permit). The City is required to prepare the following technical reports per the new General Permit within specific timelines as described below. The Wastewater Treatment Facility ( WWTF) Operations and Maintenance Manual is one of two documents with the shortest timeline and is the focus of this proposal.
Technical Report Report Due Date
Operations and Maintenance Manual June 11, 2023
Climate Change Adaptation Plan June 11, 2024
Time Schedule Compliance Plan June 11, 2023
The City of Solvang has several documents in use that have served as operations and maintenance manuals for the past few decades. These documents do not include specific information required by the new General Permit nor do they incorporate recent plant upgrades into their contents. Therefore, the City is seeking professional engineering services to help with updating and supplementing their O&M Manual to conform with the new General Permit requirements.
The O&M Manual must contain the following components with each component containing ( 1) an implementation schedule, and ( 2) identification of adequate funding to implement the component.
List of Components
Sampling and Analysis Plan
Sludge Management Plan
Wastewater Disposal Management Plan
Spill Prevention and Emergency Response Plan
Training Records Log
The Monitoring and Reporting Program No. R3- 2022- 0040 with additional requirements stated in the General Waste Discharge Requirements Order No. R3- 2020- 0020 and Standard Provisions and Reporting Requirements for Waste Discharge Requirements dated December 5, 2013, describes each of the required O&M Manual components.
The Scope of Work below details our approach to preparing the O&M Manual. We will incorporate as much of the information from the City' s Sewer System Management Plan ( SSMP)
as possible. We know that time is of the essence to complete the O&M Manual as the due date to the Water Board has passed. We will prepare the document as quickly as practicable and 1050 Southwood Drive, San Luis Obispo, CA 93401
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suggest the City notify the Water Board' s permit representative of the City' s progress and intention of completing this requirement in a timely manner.
SCOPE OF WORK
The following scope of services includes tasks for developing an Operations and Maintenance Manual to comply with the notice received by the City per WDR Order No. R3- 2020- 0020.
Task 1. Project Management, Coordination, and Meetings
Cannon will attend and facilitate up to four (4) monthly virtual project meetings to discuss the O&M Manual and project progress. Cannon will prepare and distribute an agenda prior to the meetings. Meeting minutes will be prepared and distributed within seven working days of the meeting.
Task 2. Review and Compile Operations and Maintenance Information Cannon will coordinate with the City to schedule two full -day site visits, one at the beginning and another during the course of the project. Site visits will be scheduled between Monday and Friday. Cannon will interview the operations staff about current process operation and capture photographs for inclusion in the O&M manual and field verify the draft O&M manual. Prior to site visits, Cannon will submit a Request for Information ( RFI) memorandum in support of planned activities and the gathering of pertinent information.
Task 3. Prepare Draft WWTF Operations and Maintenance Manual Using information gathered in Task 2, Cannon will develop a draft WWTF O&M manual organized as follows in the proposed table of contents shown below in Table 1 and include pertinent descriptions of facilities and unit processes as shown below in Table 2. The draft O&M manual will receive a quality review by Cannon' s
engineering and our sub -consultant specializing
in wastewater operations and maintenance. Following internal QA/C, the draft O&M manual will be submitted to the City as a PDF document for review. The scope assumes the City will provide written review comments to Cannon within two weeks of receiving the document.
Table 1. Preliminary Table of Contents for WWTF Operations and Maintenance Manual Table of Contents for O&M Manual ( Preliminary)
Chapter 1 Wastewater Treatment Facility Summary
Acronym list
Plant location including a figure of a labeled site plan o Monitoring locations labeled
o Discharge locations
o Groundwater monitoring wells
o Storage locations ( e.g., chemical, sludge, emergency overflow ponds, etc.) Plant operating requirements with reference to related regulations and WDR requirements
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Descriptions of current plant processes listed in Table 2 including diagrams or figures from plant as -built construction drawings
Planned plant improvements with schedule and funding sources where applicable Chapter 2 Design Criteria
Chapter 3 Operation
Operational controls — basic startup and shutdown sequences Flow measurement — instrumentation, get from P&ID, plant staff Alarms
Chapter 4 Maintenance
Summary of maintenance staff and systems under maintenance contracts Methods of scheduling and tracking maintenance
Instrument calibration
Listing of Equipment O&M Manuals
Chapter 5 Sampling and Analysis Plan
Process Flow Diagram with sample collection points for manual and instrumentation Sample Table with analytical methods and description of sample containers, preservatives, and holding times
Chain - of -custody procedures including handling/ preservation procedures Groundwater monitoring including a description of the well purging and field methods.
Chapter 6 Sludge Management Plan
Sludge disposal plan, including groundwater protection and description of any additional treatment if required
Estimated volume/ amount and quality of sludge and scum Digester maintenance including cleaning and residual containment procedures Chapter 7 Wastewater Disposal Management Plan
Description of the wastewater disposal area and a map denoting acreage Loading calculations based on flow volumes, applied acreage, and biochemical oxygen demand, salts ( total dissolved solids, sodium, chloride, sulfate, boron), and nitrogen analytical results
Describe beneficial reuse plan if applicable
Chapter 8 Spill Prevention and Emergency Response Plan
Collection System Maintenance
o Notice letter specifies Headworks but there is also include FJORD Lift Station
ALISAL Lift Station
o Summary and reference to SSMP
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o Alarms
o High flow control and contingency — basins and ponds
Emergency Response Plan
o Backup power
o Contact list
o Notification Procedures for Governor' sOffice of Emergency Services ( CaIOES), Central Coast Water Board, and local county health department personnel, and local emergency services.
Chapter 9 Training Log
Table 2. Wastewater Treatment Facility Process Outline
WWTF Process Outline
Headworks/ Preliminary Treatment
Sump pumping
Screening ( Includes disposal and hauling)
o Manual bar screen
o Mechanical bar screen
o Slide gates
Grit Removal
o Grit Removal Unit Mixer
o Grit Pumps 1 & 2 and Control Panel
o Grit Classifier / Washer
o Level Meter
Secondary Treatment
SBR ( Sequencing Batch Reactor performing activated sludge secondary treatment.) o Sludge collection chain and drive
o Aeration Blowers
o Gates
o Large bubble mixing nozzles
o Plant Air Compressor
o Large bubble mixing air compressor and receiver
o Large bubble mixing control panel
WAS Pumping
o WAS Pumps
o Pneumatic valves ( butterfly and plug)
o Flow meter
Effluent Disposal
Polishing pond
Percolation Basins
Sludge Handling
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Aerobic Digester
Air Compressor
Digester Blowers
Belt Press and Polymer System
Sludge Storage and Hauling
Chemical Systems
Coagulant
Support Systems
Standby Power
Electrical
Task 4. Prepare Final WWTF Operations and Maintenance Manual Following receipt of the City' scomments, Cannon will finish the WWTF O&M manual and transmit the original source files and a complete PDF file with bookmarks.
SCHEDULE
The following schedule is based on the date notice -to -proceed is issued to Cannon.
Major Task
Kickoff Meeting 1 week
Site Visit 1 4 weeks
Site Visit 2 10 weeks
Draft WWTF Operations and Maintenance Manual 12 weeks
Final WWTF Operations and Maintenance Manual 16 weeks
FEES
Elapsed Time to Completion
Fees shown in TABLE 3. FEE PROPOSAL are based on the rates per the enclosed fee schedule and do not include Agency checking or recording fees, or title company fees. 1050 Southwood Drive, San Luis Obispo, CA 93401
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WASTEWATER TREATMENT FACILITY OPERATIONS AND MAINTENANCE MANUAL
CITY OF SOLVANG, CA
Cannon
1050 Southwood Drive
San Luis Obispo, CA 93401
T 805. 544. 7407
Hourly Rate
Principal in
Charge
Civil Senior
Principal Engineer II
Associate
Engineer
Project
Engineer
Project
Assistant
Grade V
Operator
Total
270 256 200 168 115 Lump Sum Labor
Task Subtask Description Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Cost Hrs Cost
WTTF OPERATIONS AND MAINTENANCE MANUAL
1 General Admin., Meetings, and Presentations 4 1, 080 8 2, 048 8 1, 600 20 4, 728 2 Review and Compile O&M Documentation
Data Collection 4 1, 024 8 1, 600 500 12 3, 124
Site Visits and Reconnaissance 16 4, 096 16 3, 200 5, 000 32 12, 296 QA/C Review of Draft O&M Manual 2, 500 2, 500
Task 2 Subtotal 20 5, 120 24 4, 800 8, 000 44 17, 920
3 Draft WWTF O&M Manaual
Chapter 1 WWTF Summary 1 270 4 1, 024 8 1, 600 4 672 2 230 19 3, 796 Chapter2 Design Criteria 2 540 4 1, 024 8 1, 600 4 672 2 230 20 4, 066 Chapter3 Operations 2 540 4 1, 024 12 2, 400 8 1, 344 2 230 28 5,38 Chapter4 Maintenance 2 540 4 1, 024 8 1, 600 8 1, 344 2 230 24 4, 738 Chapter 5 Sampling and Analysis Plan 2 540 4 1, 024 8 1, 600 8 1, 344 2 230 24 4, 738 Chapte 6 Sludge Management Plan 2 540 4 1, 024 8 1, 600 8 1, 344 2 230 24 4, 738 Chapter 7 Wastewater Disposal Management Plan 2 540 4 1, 024 8 1, 600 8 1, 344 2 230 24 4, 738 Chapter 8 Spill Prevention and Emergency Response Plan 2 540 2 512 2 400 2 336 2 230 10 2, 018 Chapter9 Training Records Log 1 270 2 512 2 400 2 336 2 230 9 1, 748 Task 3 Subtotal 16 4, 320 32 8, 192 64 12, 800 52 8, 736 18 2, 070 182 36, 118 4 Final WWTF O&M Manual 4 1, 080 16 4, 096 24 4, 800 24 4, 032 14 1, 610 82 15, 618 Total 24 6, 480 76 19, 456 120 24, 000 76 12, 768 32 3, 680 8, 000 328 74, 384 REIMBURSABLES ( R99): $ 500
TOTALFEES: 74, 884
Reimbursables
Cannon' sincidental and out-f- pocket expenses incurred in connection with this Project including : mileage, courier service, reproduction services, photocopies, etc. 365
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ACCEPTANCE OF PROPOSAL
Proposal Date: November 3, 2023
Client: City of Solvang, Utilities Department
1644 Oak Street
Solvang, CA 93463
Project:
Scope of Work:
WWTF Operations and Maintenance Manual
Central Coast Regional Water Quality Control Board,
Order No. R3- 2020- 0020 Mandated WWTF O&M
Manual
Fees ( Time & Materials): $ 74, 884. 00
Not to exceed without prior written approval.)
Appendix A details the terms for work. Cannon bills monthly for work in progress and payment is due within 10 calendar days of invoice date. Overdue amounts will be surcharged at 18 percent per annum or 1. 5 percent monthly. The fees are based upon current California Prevailing Wages; please provide us with the DIR Project ID. If the client requests, or the client' s schedule requires work to be done on an overtime basis, a multiplier of 1. 5 will be applied to the above rates for weekdays for daily hours more than 8 as well as weekends and a multiplier of
2. 0 for daily hours in excess of 12 and holidays.
Please show your acceptance of this proposal by signing below.
In witness whereof, the parties hereto have caused this agreement consisting of proposal letter, Appendix A and any other necessary and applicable documents to be executed of the date and year first above written. In Appendix A, Cannon Corporation hereinafter referred to as Cannon.
The Client, as noted below, hereinafter referred to as Client.
Client: City of Solvang
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Randy Murphy
City Manager
1/9/ 2024
Date:
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Larry P. Kraemer, PE
Director of Public Infrastructure
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1/ 9/ 2024
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DocuSign Envelope ID: 7A84250E- A721- 4709- 8837-6CEE35BC174 November 15, 2023 Sent via e- mail
Mr. Nathan Giacinto
Wastewater Division Supervisor
City of Solvang
1644 Oak Street
Solvang, CA 93463
PROJECT: CLIMATE CHANGE ADAPTATION PLAN, SOLVANG WASTEWATER TREATMENT FACILITY CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD, ORDER NO. R3- 2020- 0020 Dear Mr. Giacinto:
The City of Solvang needs a Climate Change Adaptation Plan to protect its community and facilities from potential risks associated with the impacts of a changing climate. This proposal presents our understanding and approach to preparing the City' sfirst Climate Change Adaptation Plan ( CCAP), specifically as it relates to the Wastewater Treatment Facility (WWTF).
The Central Coast Regional Water Quality Control Board ( CCWQCB) General Permit Order No.
R3- 2020- 0020 (General Permit) requires this CCAP as part of the City' s new waste discharge requirements effective June 10, 2022.
If this proposal meets with your approval, please sign and return our Acceptance of Proposal page, or, provide a project -specific Professional Services Agreement ( PSA), or a change order to an existing PSA, any of which will serve as our Notice to Proceed. The fees quoted in this proposal are valid for 60 days from this date and are based upon current California prevailing wage.
Sincerely,
Larry Kraemer, PE
Director, Public Infrastructure Division
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PROJECT UNDERSTANDING AND APPROACH
On June 10, 2022, the City of Solvang received its notice of applicability for enrollment in the CCRWQCB' sGeneral Waste Discharge Requirements Order No. R3- 2020 for Discharges from Domestic Wastewater Systems with Flows Greater than 100, 00 Gallons per Day (General Permit). The City is required to prepare the following technical reports per the new General Permit within specific timelines as described below. The Wastewater Treatment Facility ( WWTF) Climate Change Adaptation Plan ( CCAP) is the focus of this proposal.
Technical Report Report Due Date
Operations and Maintenance Manual June 11, 2023
Climate Change Adaptation Plan June 11, 2024
Time Schedule Compliance Plan June 11, 2023
The City of Solvang has not prepared a CCAP plan of this nature before as this is a new requirement of the general discharge order. The CCAP must contain the following components:
List of Components
Hazards and Vulnerabilities
o Sea Level Rise
o Precipitation Pattern Changes
o Temperature Fluctuations and Extremes
o Increased Wildfires
o Increased Power Outages
Resiliency Actions
Adaptation Strategy
SCOPE OF WORK
The Scope of Work below details our approach to preparing the Climate Change Adaptation Plan. The following scope of services includes tasks for developing the City' sinitial CCAP for its wastewater treatment facility to comply with WDR Order No. R3- 2020- 0020.
Task 1. Project Management, Coordination, and Meetings
Cannon will attend and facilitate up to four (4) virtual project meetings to discuss the CCAP and project progress. Cannon will prepare and distribute an agenda prior to the meetings. Meeting minutes will be prepared and distributed within seven working days of the meeting.
Task 2. Research Available Tools, Data, and Guidance to Assess Climate Change Vulnerability Cannon will research available up- to- date tools, data, and guidance documents from State of California sources (including, Cal -Adapt, Sea -Level Rise Guidance from Ocean Protection Council, Climate - Safe Infrastructure Working Group, Climate Adaptation Planning Guide, and California Climate Assessment Regional Reports) as well as other sister cities and agencies efforts to 1050 Southwood Drive, San Luis Obispo, CA 93401
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comply with this order. We will compile pertinent information for use in preparing the City of Solvang' s
CCAP.
Task 3. Prepare Draft Climate Change Adaptation Plan ( CCAP) Using information gathered in Task 2, Cannon will develop a draft CCAP as generally organized in the proposed table of contents shown below in Table 1. In preparing the plan, we will identify climate change hazards that could cause reduction, loss, or failure of treatment processes and/ or critical structures at the wastewater treatment system. Once identified, we will assess the wastewater system' svulnerability to the identified hazards and develop an adaptation strategy for the City. Following internal QA/C, the draft CCAP will be submitted to the City as a PDF document for review. The scope assumes the City will provide written review comments to Cannon within two weeks of receiving the document.
Table 1. Preliminary Table of Contents for Climate Change Adaptation Plan Table of Contents for Climate Change Adaptation Plan ( Preliminary) List of Acronyms
Executive Summary
Chapter 1 Introduction
Purpose and Goals
Methodology
Chapter 2 City of Solvang Wastewater Treatment Facilities Introduction
Facility Information
Chapter 3 Hazards and Vulnerabilities
Sea Level Rise
Precipitation Pattern Changes
Temperature Fluctuations and Extremes
Increased Wildfires
Increased Power Outages
Chapter 4 Resiliency Actions
Sea Level Rise
Precipitation Pattern Changes
Temperature Fluctuations and Extremes
Increased Wildfires
Increased Power Outages
Chapter 5 Adaptation Strategy
Prioritization
Schedule and Milestones
Financial Planning
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Task 4. Prepare Final Climate Change Adaptation Plan
Following receipt of the City' scomments, Cannon will finish the CCAP and transmit the original source files and a complete PDF file with bookmarks.
SCHEDULE
The following schedule is based on the date notice -to -proceed is issued to Cannon.
Major Task Elapsed Time to Completion
Kickoff Meeting 1 week
Progress Meeting 1 5 weeks
Progress Meeting 2 9 weeks
Draft Climate Change Adaptation Plan 13 weeks
Progress Meeting 3 17 weeks
Final Climate Change Adaptation Plan 20 weeks
FEES
Fees shown in TABLE 3. FEE PROPOSAL are based on the rates per the enclosed fee schedule and do not include Agency checking or recording fees, or title company fees. 1050 Southwood Drive, San Luis Obispo, CA 93401
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TABLE 3. FEE PROPOSAL FOR
WASTEWATER TREATMENT FACILITY CLIMATE CHANGE ADAPTATION PLAN
CITY OF SOLVANG, CA
Cannon
1050 Southwood Drive
San Luis Obispo, CA 93401
T 805. 544. 7407
Hourly Rate
Principal in
Charge
Civil Senior
Principal Engineer II
Associate
Engineer
Project
Engineer
Project
Assistant
Total
270 256 200 168 115 Labor
Task Subtask Description Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost Hrs Cost
WTTF CLIMATE CHANGE ADAPTATION PLAN
1 General Admin., Meetings, and Presentations 1 270 8 2, 048 8 1, 600 2 230 19 4, 148 2 Research Available Info to Assess Climate Change Vulnerability Data Collection and Compiling Pertinent Information 4 1, 024 40 8, 000 44 9, 024 Site Visits and Reconnaissance 4 1, 024 8 1, 600 12 2, 624 Task 2 Subtotal 8 2, 048 48 9, 600 56 11, 648
3 Draft WWTF Climate Change Adaptation Plan
ES List of Acronyms 2 400 2 336 1 115 5 851
ES Executive Summary 1 256 2 400 2 336 1 115 6 1,07
Chapter 1 Introduction 2 400 2 336 1 115 5 851
Chapter 2 City of Solvang Wastewater Treatment Facilities Summary 2 400 2 336 1 115 5 851 Chapter 3 Hazards and Vulnerabilities 1 270 1 256 8 1, 600 8 1, 344 2 230 20 3, 700 Chapter 4 Resiliency Actions 1 270 1 256 8 1, 600 8 1, 344 2 230 20 3, 700 Chapter 5 Adaptation Strategy 1 270 1 256 4 800 8 1, 344 2 230 16 2, 900 Task 3 Subtotal 3 810 4 1, 024 28 5, 600 32 5, 376 10 1,50 77 13, 960 4 Final WWTF Climate Change Adaptation Plan 4 1, 080 4 1, 024 20 4, 000 8 1, 344 12 1, 380 48 8,28 Total 8 2, 160 24 6, 144 104 20, 800 40 6, 720 24 2, 760 200 38, 584 REIMBURSABLES R99): $ 300
TOTAL EES: I
38, 884
Reimbursables
Cannon' s incidental and out-f- pocket expenses incurred in connection with this Project including : mileage, courier service, reproduction services, photocopies, etc. 371
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ACCEPTANCE OF PROPOSAL
Proposal Date:
Client:
Project:
Scope of Work:
November 15, 2023
City of Solvang, Utilities Department
1644 Oak Street
Solvang, CA 93463
Climate Change Adaptation Plan
Central Coast Regional Water Quality Control Board,
Order No. R3- 2020- 0020 Mandated Climate Change
Adaptation Plan ( CCAP)
Fees ( Time & Materials): $ 38, 884
Not to exceed without prior written approval.)
Appendix A details the terms for work. Cannon bills monthly for work in progress and payment is due within 10 calendar days of invoice date. Overdue amounts will be surcharged at 18 percent per annum or 1. 5 percent monthly. The fees are based upon current California Prevailing Wages; please provide us with the DIR Project ID. If the client requests, or the client' s schedule requires work to be done on an overtime basis, a multiplier of 1. 5 will be applied to the above rates for weekdays for daily hours more than 8 as well as weekends and a multiplier of
2. 0 for daily hours in excess of 12 and holidays.
Please show your acceptance of this proposal by signing below.
In witness whereof, the parties hereto have caused this agreement consisting of proposal letter, Appendix A and any other necessary and applicable documents to be executed of the date and year first above written. In Appendix A, Cannon Corporation hereinafter referred to as Cannon.
The Client, as noted below, hereinafter referred to as Client.
Client: City of Solvang Cannon
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Randy Murphy
City Manager
DocuSigned by:
Aryl? P, 6rekuptur
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Larry P. Kraemer, PE
Director of Public Infrastructure
C 44813
1/9/ 2024 1/ 9/ 2024
Date: Date:
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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 ofinsurance:
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, 000,00 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, 000,00 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' semployees 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' sliability limits no less than $ 1, 000,00 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, 000,00 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 ofA- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or a City approved equivalent. Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant' s
employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement Cannon Corp Climate Change
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DocuSign Envelope ID: 7A84250E- A721- 4709- 8837-6CEE35BC174 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' sprotection 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.
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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' sinsurance 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.
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2025 Council Meeting Dates
Noon Wednesday Publish Agenda
Packet
Final Staff Reports and
attachments to CM Notice to Newspaper if
applicable
Monday, January 13, 2025 Wednesday, January 8, 2025 Friday, January 3, 2025 Friday, December 27, 2024 Monday, January 27, 2025 Wednesday, January 22, 2025 Friday, January 17, 2025 Friday, January 10, 2025 Monday, February 10, 2025 Wednesday, February 5, 2025 Friday, January 31, 2025 Friday, January 24, 2025 Monday, February 24, 2025 Wednesday, February 19, 2025 Friday, February 14, 2025 Friday, February 7, 2025 Monday, March 10, 2025 Wednesday, March 5, 2025 Friday, February 28, 2025 Friday, February 28, 2025 Monday, March 24, 2025 Wednesday, March 19, 2025 Friday, March 14, 2025 Friday, March 7, 2025 Monday, April 14, 2025 Wednesday, April 9, 2025 Friday, April 4, 2025 Friday, March 28, 2025 Monday, April 28, 2025 Wednesday, April 23, 2025 Friday, April 18, 2025 Friday, April 11, 2025 Monday, May 12, 2025 Wednesday, May 7, 2025 Friday, May 2, 2025 Friday, April 25, 2025 Tuesday, May 27, 2025 Wednesday, May 21, 2025 Friday, May 17, 2025 Friday, May 9, 2025 Monday, June 9, 2025 Wednesday, June 4, 2025 Friday, May 30, 2025 Friday, May 23, 2025 Monday, June 23, 2025 Wednesday, June 18, 2025 Friday, June 13, 2025 Friday, June 6, 2025 Monday, July 14, 2025 Wednesday, July 9, 2025 Friday, July 3, 2025 Friday, June 27, 2025 Monday, July 28, 2025 Cancelled
Monday, August 11, 2025 Wednesday, August 6, 2025 Friday, August 1, 2025 Friday, July 25, 2025 Monday, August 25, 2025 Cancelled
Monday, September 8, 2025 Wednesday, September 3, 2025 Friday, August 29, 2025 Friday, August 22, 2025 Monday, September 22, 2025 Wednesday, September 17, 2025 Friday, September 12, 2025 Friday, September 5, 2025 Monday, October 13, 2025 Wednesday, October 8, 2025 Friday, October 3, 2025 Friday, September 26, 2025 Monday, October 27, 2025 Wednesday, October 22, 2025 Friday, October 17, 2025 Friday, October 10, 2025 Monday, November 10, 2025 Wednesday, November 5, 2025 Friday, October 31, 2025 Friday, October 24, 2025 Monday, November 24, 2025 Wednesday, November 19, 2025 Friday, November 14, 2025 Friday, November 7, 2025 Monday, December 8, 2025 Wednesday, December 3, 2025 Wednesday, November 26, 2025 Friday, November 21, 2025 Monday, December 22, 2025 Cancelled
City of Solvang City Council Calendar for Meetings / Staff Reports – 2025 376
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CITY COUNCIL STAFF REPORT
AGENDA ITEM 13.a
Meeting Date: December 9, 2024
SUBJECT: Discussion and possible action regarding:
i. Designation of Mayor pro tem for 2025
ii. Establishing council seating arrangements.
iii. Councilmember appointments to Outside Agency Boards and Committees PREPARED BY: Annamarie Porter, CMC, City Clerk
DISCUSSION:
Designation of Mayor pro tern
The City Council Protocols adopted on July 8, 2024 state the term for Mayor pro tem shall be one year, commencing on the first meeting in December of each year. They also indicate that the first criteria for selection of the Mayor pro tem shall be that Council Member who has served at least one year on the Council and has not previously served as Mayor pro tem. If more than one Council Member has not previously served as Mayor pro tem, then from such Council Members, the Council Member with the greatest seniority in terms of consecutive years of service shall be selected. A Council Member shall have the right to decline the position if they so choose. If there is still more than one Council Member eligible according to seniority, the Council Member who received the highest number of votes for the most recent election of each Council Member eligible by reason of seniority shall be selected as Mayor pro tem. However, no Council Member shall serve more than one term as Mayor pro tem until all of the Council Members have served or declined to serve.
All Council members meet the first criteria of having served on the Council for at least one year.
Councilmember Claudia Orona has served as the Mayor pro tem in 2021. Mark Infanti has served as Mayor pro tem in 2022 and Elizabeth Orona has served as Mayor pro tem in 2023.
Seating Arrangement
Historically, the Mayor has had the prerogative to designate the seating order for the Council dais. By majority vote the City Council may choose a different methodology for the seating arrangement such as in order of the represented District. Typically, Mayor pro tern is seated to the right or left of the Mayor, and the remaining could be by District. If this method were chosen, Mark Infanti, District 1 would be seated to the far right facing the public, Claudia Orona, District 2, followed by David Brown Mayor at large, District 3 vacant, and Elizabeth Orona, District 4.
Council representation on Boards, Committees and Agencies Councilmembers represent the City of Solvang on various Boards, Committees and Agencies.
The City Council should by majority vote, select representatives and alternates to each Board, Committee and Agency. The list of Board, Committee and Agency current representatives and alternates is shown on Attachment "A". It should be noted that there are currently only three 378
City Councilmembers and the Mayor available as representatives. Once the fourth City Council seat is filled, the Council may want to readdress the issue to include that Councilmember as a possible representative or alternate to the Boards, Committees and Agencies.
ALTERNATIVES:
Wait to fill positions until the new Councilmember representing District 3 is in place. This would leave the City without representation for any agency meetings held in early January.
FISCAL IMPACT:
None
ATTACHMENTS:
A. Current representatives to outside agencies
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2024 COUNCIL REPRESENTATION ON BOARDS AND COMMITTEES
SB COUNTY ASSOCIATION OF GOVERNMENTS (SBCAG)
A regional planning agency comprised of Santa Barbara County and all eight incorporated cities within the county. SBCAG distributes local, state, and federal transportation funds and acts as a forum for addressing regional and multi-jurisdictional issues. Also includes North County SubRegional Planning Committee.
Meets once per month rotating between Santa Barbara or Santa Maria. North County SubRegional Planning Committee also meets once per month, in Solvang.
Representative: Mayor Infanti Alternate: Councilmember E. Orona
AIR POLLUTION CONTROL DISTRICT (APCD)
A local agency charged with control of air pollution from all sources except motor vehicles. In1994 State legislation added city representatives to the APCD governing board.
The Board of Directors has seven meetings per year, in either Santa Barbara or Santa Maria.
Representative: Mayor Infanti Alternate: Councilmember C. Orona
CALIFORNIA JOINT POWERS AUTHORITY (CJPIA)
Municipal self-insurance pool providing risk management education and liability protection from losses and lawsuits to its members. One individual from each member of the Authority is selected by the legislative body to participate on the Board of Directors.
The CJPIA Board of Directors holds an annual business meeting each July.
Representative: Councilmember Brown Alternate: Councilmember C. Orona
LEAGUE OF CALIFORNIA CITIES
An Association of California City officials who work to educate, exchange information and combine resources to influence State policy decisions that affect cities. One member of Council is selected as the Solvang representative.
Attendance at the Annual Conference typically in October as the Voting Delegate for Solvang Representative: Mayor Infanti Alternate: City Manager Murphy
EASTERN MANAGEMENT AREA-GROUNDWATER SUSTAINABILITY AGENCY (EMA-GSA) Established to preserve the authority and responsibility of cities and counties to sustainably manage their respective groundwater basin.
The Agency typically meets on 4th Thursday of the second month of each quarter.
Representative: Councilmember E. Orona Alternate: Councilmember Brown
CENTRAL COAST COMMUNITY ENERGY
Representative: Councilmember C. Orona Alternate: Mayor Infanti
SANTA BARBARA COUNTY LIBRARY ADVISORY COMMITTEE
Representative: Councilmember E. Orona
Attachment A
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