Agenda — Solvang City Council, February 10, 2025

Agenda 2025-02-10 CC
AGENDA

SOLVANG CITY COUNCIL
MONDAY FEBRUARY 10, 2025
6:30 PM REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
David Brown, Mayor Virtual & in Council Chamber
Mark Infanti District 1
Claudia Orona District 2
Louise Smith District 3
Elizabeth Orona District 4
PARTICIPATING IN THE MEETING -City Council meetings will be in person and conducted by video/teleconferencing through Zoom. The meeting will also be broadcast live on Channel 23 and streamed on the City’s website, Vimeo, and YouTube https://www.youtube.com/@CityofSolvang1/ • To join by Zoom, visit https://zoom.us/j/3066529195. If you wish to speak, please use the “raised hand” symbol.
• To join by phone, call (888) 788-0099 and enter Meeting ID: 306 652 9195#. The phone line will be open 30 minutes before the meeting.
6:30 PM REGULAR MEETING

CALL TO ORDER

ROLL CALL
Honorary Mayor for the Day Audrey Smith

PLEDGE OF ALLEGIANCE
0BAGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.
1BAGENDA POSTING NOTIFICATION - Subscribe to receive email or text message notifications when agendas are posted online through “Notify Me” at: https://www.cityofsolvang.com/List.aspx 2BPUBLIC COMMENT - The public is encouraged to address the City Council in-person, virtually, or in-writing on agenda and non-agenda items. If provided in writing, comments must be submitted to the City Clerk at [email protected] by 5:00 p.m. on the Friday before the meeting to be considered. Your comment will be recorded and distributed appropriately. Comments on agenda items will be heard at the time each item is considered, including non-agenda items. In-person speakers will be invited to make public comments first.

Virtual speakers will follow.

CAMPAIGN CONTRIBUTION DISCLOSURE - Pursuant to Government Code Section 84308, any party to a City proceeding must disclose on the record any campaign contributions made to a member of the City Council [or commission] in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent and aggregated contributions from persons or entities related to the party. Please make the disclosure as soon as possible, but not later than the beginning of the proceeding. 3BAMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested. 4BLET YOUR VOICE BE HEARD! Do you have about one minute a month to help make Solvang better? The City of Solvang is working with FlashVote to engage the community and gather valuable input from residents to inform our decisions. We encourage residents to sign up at www.flashvote.com/Solvang or call 775-235-2240 to participate by phone or text only.
1 Agenda 2025-02-10 CC

1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
None

2. PRESENTATIONS
a. Office of the City Clerk Presentation

3. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or act on issues not on the agenda, except to briefly respond or ask Staff to follow up on such items.

4. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report

5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,

COUNCIL COMMENTS, REQUESTS
Reports of meetings attended, contributions made or received, and Comments and requests from City Council Members.

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

These items are discussed only at the request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented.
b. Approve City Council Minutes: January 27, 2025
c. Receive and file SYVT Quarterly Memo
d. Approve an Agreement with Rincon Consultants, Inc to prepare an Initial Study and prepare documents for California Environmental Quality Act (CEQA) compliance in connection with Land Use Application LUP-23-242 (Wildwood, APN 139-530-001,002), for the total amount not to exceed $252,272. For the term February 10, 2025 – December 31, 2026, and authorize the Mayor to execute on behalf of the City.

7. PUBLIC HEARINGS
None

8. DISCUSSION ITEMS:
a. Discussion and possible action to approve Mid-Year Budget Adjustments b. Discussion and possible action to Approve the agreement with Melton Design Group (MDG) for the Parks and Recreation Master Plan in the amount of $210,825 with a 10%contingency of $21,085, for a total amount not to exceed $231,910. for the term February 10, 2025 – December 31, 2026, authorize the Mayor to execute on behalf of the City, and Approve any Necessary Budget Adjustments.
c. Discussion and possible action to:
i. Expand existing Security Cameras
ii. Provide Direction to Staff regarding a Video Surveillance Policy 4 13
14 18
22 55
75 124
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9. COUNCIL CLOSING COMMENTS

10. ADJOURNMENT

AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.

Dated this 5th day of February 2025.
3 Office
of the
City Clerk
4 • The city clerk is one of the oldest public service professions, dating back to ancient times and can be traced back to ancient Athenian democracy. • The title "municipal clerk" can be traced back to 1272 in the Corporation of Old London
• During the Middle Ages, when scholarship and writing were limited to the clergy, clerk came to mean a scholar, especially one who could read, write, and thus serve as notary, secretary, accountant and recorder. • The office of clerk was one of the first established by early colonists in America
5 The California Constitution
of 1849 established the
county offices of clerk,
district attorney, sheriff,
coroner, and supervisor.
•California Government Code,
Section 36501, establishes the
office of the city clerk.
6 • Clerks have one of the most multifaceted jobs in local government. Not only are they responsible for supporting governance, but they’re also tasked with overseeing recordkeeping, driving public transparency, and ensuring compliance with a plethora of evolving laws and regulations. • There’s a lot to balance, and when obstacles present
themselves, the role only becomes more complicated.

Office of the City Clerk
7 Responsibilities of a City Clerk

The City Clerk is the local official who administers democratic processes such as elections, access to city records, and all legislative actions ensuring transparency to the public. The City Clerk acts as a compliance officer for federal, state, and local statutes including the Political Reform Act, the Brown Act, and the Public Records Act. The City Clerk manages public inquiries and relationships and arranges for ceremonial and official functions.
 As an Elections Official, the City Clerk administers Federal, State, and Local procedures through which local government representatives are selected. The City Clerk assists candidates in meeting their legal responsibilities before, during and after an election. From Election pre-planning to certification of election results and filing of final campaign disclosure documents, the City Clerk manages the process which forms the foundation of our democratic system of government.

As a Legislative Administrator, the City Clerk plays a critical role in the decision-making process of the local legislature. As the key staff for City Council meetings, the City Clerk prepares the legislative Agenda, verifies legal notices have been posted or published, and completes the necessary arrangements to ensure an effective meeting. The City Clerk is entrusted with the responsibility of recording the decisions which constitute the building blocks of our representative government.

As a Records Manager, the City Clerk oversees yet another legislative process; the preservation and protection of the public record. By statute, the City Clerk is required to maintain and index the Minutes, Ordinances, and Resolutions adopted by the legislative body. The City Clerk also ensures that other municipal records are readily accessible to the public. The public record under the conservatorship of the City Clerk provides fundamental integrity to the structure of our democracy. 8 Complex and Ever-Changing Legislation
 Clerks must be aware of any changes to federal, state, and local laws to ensure that their offices and communities remain compliant.
 However, these regulations, particularly the Freedom of Information Act (FOIA) and Government in the Sunshine Act, are often tough to understand and seem to change all the time. Still, the stakes are high.
 Failure to comply can result in fines, lawsuits, and fractured public trust.
9 10
 Contract Management
 Creates and/or edits City agreements, contracts and other legal documents, routes for signatures, archives and monitors for termination, not to exceed and insurance requirements.  Contractor Insurance Oversight
 Municipal Code updates
 Maddy Act
 Advisory Body Recruitment
 Enterprise Publication
 Levine Act
 Public Records Act Training
 Brown Act training
 Ethics training
 Conflict of interest biennial Code Review
 Agenda posting of outside agencies
 Update FPPC Form 806
 Administers oaths of office and certifies copies of official City records.  Receives and opens bids for City projects and purchases.  Receives and processes liability claims filed against the City. 11 Certified Municipal Clerk
 Origins & Formation of Social & Political
Systems
 Election Law & Procedures
 Local Government Finance
 Codification
 Technology in the Clerk’s office
 Team/Group Decision Making
 Meeting Administration
 Records Management
 General Law
 Negotiation and Assessment Skills
 Writing Skills
 Ethics of Profession
 Diversity in organizations
 Political reform act
 Recall, initiative, and referendum
 Mechanics of conducting election
 Election technology and current issues
 Public speaking & presentations
 Clerks Role in Emergency/ Crisis Management
 Communication Skills
 Management Skills
12 Meeting Date Agenda Item Agenda Dept
24-Feb Quarterly Financial report receive & file Consent Finance Brown Act, Public Records Act & Levine Act Training Presentation City Attorney Extreme Clean Janitorial Amendment & Budget Adjust Consent Public Works Quarterly Council Goals Update Consent City Manager
10-Mar Future Studies - Infractructure & Land Use Planning Discussion Planning 24-Mar California Consulting Grants Consultant Presentation City Manager Annual Housing & General Plan Report Discussion Planning Short Term Vacation Rental update Discussion Finance/Planning 14-Apr Adopt Fee Schedule Reso Consent Administration
Future Meetings RFQ Interim Financing WWTP Administration Discussion Finance Santa Ynez Valley Community Aquatic Complex Reso Consent City Manager Storm drain modification Discussion Public Works
Outdoor dining ordinance Public Hearing Planning
Modify City Code Title 9, Chapter 3, 9-3D-3 Water
Conservation
Public Hearing Utilities
JJ Fisher Construction NOC Discussion Public Works
Award Nyborg Estates Water Mainline Replacement Contract unfunded liability
Discussion Utilities
Calpers Debt Reduction Plan Discussion City Manager
Flag Etiquette Presentation
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
13 M 2025-01-27 CC 1
Special Closed Session – 5:30 PM
Regular Meeting – 6:30 PM
5:30 PM SPECIAL CLOSED SESSION

CALL TO ORDER
Mayor Brown called the Special Closed Session meeting to order at 5:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.

ROLL CALL

Present: Mayor David Brown, Mayor pro tem, Claudia Orona, Councilmembers Elizabeth Orona, Mark Infanti, Louise Smith
Staff: City Manager Randy Murphy, Acting City Attorney Craig Steele, Contract Attorney Dave Fleishman and Outside Legal Counsel Dan Parlow, City Clerk Annamarie Porter

PLEDGE OF ALLEGIANCE
Councilmember Infanti led in the Pledge of Allegiance.

1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY - None

2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to Government Code Section 54956.9(d)(1)
Name of case:

South Coast Property Company 13-B, LP v. City of Solvang et al, Case No. 22-cv-00254 b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – pursuant to Government Code Section 54956.9(d)(1)
Name of Case:

City of Solvang — Petition to Change Water-Right Permit 15878 (Application No. A022423), under protest by California Trout and National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, and comment by California Department of Fish and Wildlife. c. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Gov. Code Section 54956.9(d)(2)
Two potential cases
RECONVENE TO OPEN SESSION – 6:24 p.m.

3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Acting City Attorney Steele announced there was no reportable action taken during Closed Session.

MINUTES

SOLVANG CITY COUNCIL
MONDAY, JANUARY 27, 2025
14 M 2025-01-27 CC 2

4. ADJOURNMENT
Mayor Brown adjourned the Closed Session at 6:25 p.m.
6:30 PM REGULAR MEETING

CALL TO ORDER
Mayor Brown called the Regular meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.

ROLL CALL

Present: Mayor David Brown, Councilmembers Elizabeth Orona, Mark Infanti, Louise Smith

Absent: Mayor pro tem Claudia Orona
Staff: City Manager Randy Murphy, Acting City Attorney Craig Steele, City Clerk Annamarie Porter, Administrative Services Director Wendy Berry

PLEDGE OF ALLEGIANCE
Craig Kent led in the Pledge of Allegiance.

1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
a. Human Trafficking Awareness
Anne McCarthy, Executive Director of the North County Rape Crisis and Child Protection Center accepted the proclamation on behalf of the Santa Barbara County Human Trafficking Task Force. b. Black History Month
Mayor Brown proclaimed February as Black History Month in the City of Solvang.

2. PRESENTATIONS
a. Marketing & Tourism October – December 2024 Quarterly Update John Sorgenfrei, TJA, narrated a PowerPoint presentation with a quarterly update of Marketing Services.

Liana Cabrera, Islet Agency, via Zoom, narrated a PowerPoint presentation detailing a social media report.

Anna Ferguson-Sparks of Stiletto Marketing narrated a PowerPoint presentation on press communications, topics, and collaborations advertised.

Susan Lee from the Solvang Visitor Center; announced gifting emergency bags to visitors.

3. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Mayor Brown invited public comments.

Jamie Baker
15 M 2025-01-27 CC 3
There were no other public communications on Non-Agenda and Consent Items.

4. CITY MANAGER REPORT AND ADVANCE CALENDAR
City Manager Murphy reported the quarterly cleanup is on February 15, 2025 at Lot 4, the grant cycle is opening soon and there will be two workshops on the proper procedure on February 19, 2025 and March 11, 2025; added the Measure U Committee is hosting a workshop on January 28, 2025

5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,

COUNCIL COMMENTS, REQUESTS
Councilmember Elizabeth Orona reported attending a meeting for the EMAJPA and believes a loan will be requested of Solvang by the organization. Additionally, she reported attending the Senior Center groundbreaking ceremony and having a conversation with Joan Hartman about getting Solvang fire wise.

Mayor Brown reported being on a board at Allen Hancock College for the Upward Mobility Summit, attending a SB County Association Governments meeting.

6. CONSENT ITEMS
a. Approve Order of Agenda as Presented
b. Approve City Council Minutes: January 13, 2025
c. Receive and file 4th Quarter 2024 Public Records Requests c. Receive and File Classification and Compensation Study Motion by Councilmember Infanti to approve consent items, as presented, seconded by Councilmember Elizabeth Orona, and carried 4-0. Mayor pro tem Claudia Orona absent.

7. PUBLIC HEARINGS - None

8. DISCUSSION ITEMS
a. Discussion and possible action to approve the Annual Comprehensive Financial Report Administrative Services Director Berry reported the types of funds the city has and the available balance.

Melish Desai, Badawi & Associates, via Zoom, narrated a PowerPoint presentation on details of the financial report.

Discussion followed on compensated absences.

Mayor Brown invited public comments.

There were no public comments.

Motion by Councilmember Elizabeth Orona to approve the Annual 2023-2024 Audit Report, seconded by Councilmember Smith, and carried 4-0. Mayor pro tem Claudia Orona absent. b. Discussion and possible action to Adopt Resolution No. 25-1278 Granting Consent to the County of Santa Barbara to Establish the Santa Barbara County Wine Improvement District 16 M 2025-01-27 CC 4
(SBCWID) and Include the City of Solvang in the Established SBCWID Alison Laslett, CEO of Santa Barbara Vintners, narrated a PowerPoint presentation on details of the Santa Barbara County Winery Improvement District.

Discussion followed on payer benefit, the current and anticipated budget and annual revenues, the City of Lompoc’s denial to join the SBCWID, marketing methods, the 1% assessment, membership structure and procedures, and wine bids.

Mayor Brown invited public comments.

Shelby Sim
Brit Zotovich
Karen Steinwachs
Brandon Sparks-Gillis
Keith Sarloos
Stephen Janes
Tyler Thomas
AJ Fairbanks
Amy Christine
Chase Carhartt
Luke Sundquist
Tracey Beard
There were no further public comments.

Councilmember Infanti stated he is in support of joining SBCWID citing personal communications he has had with producers and consumers.

Councilmember Smith stated she is in support of joining SBCWID citing how it does not impact City staff or residents, that people come to Solvang to spend money and relax, and the overwhelming support for it.

Motion by Mayor Brown to adopt Resolution No. 25-1278 Granting Consent to the County of Santa Barbra to Establish the Santa Barbara County Wine Improvement District (SBWCID) and Include the City of Solvang in the Established SBCWID, seconded by Councilmember Infanti, and carried 4-0.

Mayor pro tem Claudia Orona absent.

9. COUNCIL CLOSING COMMENTS
Councilmember Smith stated she is still learning about the City and how it works, she is honored to be the voice of District 3 and offered to have a cup of coffee or glass of wine to anyone who wants to have a discussion.

10. ADJOURNMENT – 8:55 p.m.

The meeting was adjourned at 8:55 p.m.

Respectfully submitted:

Annamarie Porter, CMC
City Clerk
17 1
memo
to:

Randy Murphy, City Manager,
City of Solvang from: Kathy Chambers
re: SYVT Quarterly Memo (FY 2025, Q2) date: January 23, 2025 Administrative Activities
During the second quarter of FY 2025 (October 1 through December 31, 2024), Moore & Associates completed the following administrative activities on behalf of SYVT:
• Conducted operations meetings with RATP Dev on October 24 and December 5, 2024; • Participated in Caltrans District 5 one-on-one meetings on October 1 and December 18, 2024; • Prepared semi-annual DBE reports and submitted to Caltrans; • Prepared and submitted FY 2023/24 NTD report to Caltrans; • Researched inflation and peer information for RATP Dev contract amendment; • Attended a meeting with RATP Dev on October 21, 2024; • Prepared justification narrative for RATP Dev contract adjustment; • Followed up with RATP Dev regarding Drug & Alcohol Plan and provided to City for adoption; • Submitted 2023 ICT reporting data;
• Met with Rodger Olds via phone on November 15 and December 10, 2024; • Submitted Transit Needs Assessment data to SBCAG;
• Addressed NTD report revisions;
• Completed the Caltrans Disparity form;
• Partially completed the National RTAP survey and forwarded the remaining items to RATP Dev; • Participated in a transition meeting with you, Rodger, and Bridget on December 12, 2024; • Revised FY 2023/24 TDA claims; and
• Addressed GTFS feed items with vendor.
25852 mcbean pkwy #187
valencia, ca 91355
888.743.5977 : p
www.moore-associates.net
18 2
Ridership Analysis
Fixed-route ridership increased in October 2024, decreased in November 2024, then increased in December 2024. Fixed-route ridership in FY 2024/25 thus far is comparable to pre-COVID ridership. DialA-Ride (DAR) ridership remains lower than pre-COVID. • October 2024 fixed-route ridership increased 9.6% from September 2024; and increased 9.1% from October 2023.
• October 2024 DAR ridership decreased 6.9% from September 2024; and decreased 15.1% from October 2023.
• October 2024 total ridership increased 8.9% from September 2024; and increased 7.9% from October 2023.
• November 2024 fixed-route ridership decreased 13.2% from October 2024; and increased 1.4% from November 2023.
• November 2024 DAR ridership decreased 18.3 % from October 2024 and November 2023. • November 2024 total ridership decreased 13.4 % from October 2024; and increased 0.5% from November 2023.
• December 2024 fixed-route ridership increased 6.7% from November 2024; and increased 6.8% from December 2023.
• December 2024 DAR ridership increased 9.1% from November 2024; and decreased 9.3% from December 2023.
• December 2024 total ridership increased 6.8% from November 2024; and increased 6% from December 2023.

Since the number of service days changes from month to month, it can be helpful to look at the data in terms of rides per day. October 2024 fixed-route average daily and DAR average daily ridership both decreased slightly when compared with September 2024. November 2024 fixed-route average daily and DAR average daily ridership both decreased slightly when compared to October 2024. December 2024 fixed-route average daily and DAR average daily ridership both increased slightly when compared with November 2024.
3,516
4,209
3,724 3,985
3,395 3,439
3,568 3,440
4,432
4,188
4,330
4,215
178 183 155
206 175 172
163 170
219 245 212 204
4,135
4,588
3,967
4,349
3,443 3,672
247 190 188
0 175 143 156
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
5,000
July August September October November December January February March April May June Fixed Route 2023/24 Dial-A-Ride 2023/24 Fixed Route 2024/25 Dial-A-Ride 2024/25 19 3
Call Activity
Dial-A-Ride calls (whether for reservations or information) have traditionally comprised half of the calls received by SYVT. Requests for on-call pick-ups have traditionally comprised less than 20 percent of the calls received. Since the pandemic, Dial-A-Ride calls have been moving towards more than 50 percent of calls received. There have been very few requests for pickups at the hospital and no requests for pick up at the airport.

October
Dial-A-Ride = 37.1% of calls
On-call pickups = 25.4% of calls
November
Dial-A-Ride = 45.4% of calls
On-call pickups = 26.4% of calls
December
Dial-A-Ride = 41.3% of calls
On-call pickups = 24.7% of calls
CSR Call Log: October - December 2024
Oct Nov Dec Total Percent
Service information 105 57 72 234 27.9%
On-call pickup request 85 60 70 215 25.6%
DAR information 36 44 32 112 13.3%
DAR reservation 88 59 85 232 27.7%
Lost and found 4 1 2 7 0.8%
Complaint 0 0 0 0 0.0%
Compliment 0 0 0 0 0.0%
Other 16 6 22 44 5.2%
Total 334 227 278 839 100.0%
Marketing
On October 9-10, Moore & Associates represented Santa Ynez Valley Transit (SYVT) at the Buellton Fall Fest, connecting with the community in meaningful ways. During the two-day event, Moore & Associates staff spoke with attendees about SYVT's services, highlighting how the transit system provides a reliable and affordable transportation option for the Santa Ynez Valley community.

In addition to sharing information about SYVT’s offerings, staff actively encouraged festival-goers to explore career opportunities within the transit system. Open positions were promoted, providing attendees with details on how to apply and join the dedicated team that helps keep the community JULY
2024
AUG
2024
SEP
2024
OCT
2024
NOV
2024
DEC
2024
FR Rides/day 159.04 169.93 165.29 161.07 143.46 146.88
DAR Rides/day 8.23 7.04 6.48 5.83 5.11 5.57
20 4
moving. The Buellton Fall Fest provided a lively and engaging platform to raise awareness about SYVT while fostering community connections and growing the transit workforce. 21 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.d
Meeting Date: February 10, 2025
SUBJECT: Approve an Agreement with Rincon Consultants, Inc to prepare an Initial Study and prepare documents for California Environmental Quality Act (CEQA) compliance in connection with Land Use Application LUP-23-242 (Wildwood, APN 139-530-001,002), for the total amount not to exceed $252,277. for the term February 10, 2025 – December 31, 2026, and authorize the Mayor to execute on behalf of the City PREPARED BY: Rafael Castillo, AICP, Planning and Building Manager DISCUSSION:

On October 3, 2023, the City received an SB 330 “Builder’s Remedy” application for construction of 108 multi-unit apartment units on 5.5 acres of property within the City. The applicant has subsequently revised the application to include 100 multi-family condominium units, with 20 percent of the units set aside as deed restricted affordable housing units, and associated improvements. As required by applicable law, City staff deemed the application complete on December 23, 2024, therefore proceeding with the next step of the City’s consideration of the entitlement, which is a required analysis of environmental impacts consistent with California Government Code section 65920 and Public Resources Code section 21080.2.

City staff solicited three (3) proposals from qualified firms on the City’s 2022 environmental consultants list.

Staff recommends Rincon Consultants, Inc. to prepare an Initial Study and further environmental documents. Rincon Consultants, Inc worked on the City’s 2045 General Plan Environmental Impact Report, which enables the firm to jumpstart the environmental review based on previous information collected as a part of the General Plan work effort, which was also completed by Rincon. The proposed scope of work assumes completion of an Environmental Impact Report (EIR) to satisfy California Environmental Quality Act (CEQA) requirements. The proposed contract includes the following scope of work:
• Peer Review of Applicant’s submitted documentation;
• Completion of an Initial Study;
• Tribal Consultation assistance consistent with AB 52; • Notice of Preparation;
• Public Scoping Meeting/Hearing;
• Preparation of a Project Level Environmental Impact Report including project alternatives; • Preparation of a Final Environmental Impact Report and Mitigation Monitoring Program (MMRP) based on comments received.

The total proposed cost of environmental work is $252,277. The environmental analysis allows the public and decision makers to review potential environmental impacts and possible mitigation measures associated with the project prior to public hearings for either approval or denial of the project. The cost of preparing the environmental documentation is paid for by the project applicant.

ALTERNATIVES:

The Council may direct staff to solicit additional proposals for the environmental work. City staff does have a statutory requirement to complete the Initial Study within 30 days of deeming the project complete which may be extended if the applicant agrees to one Note that the applicant has agreed for an extension of time in order to allow staff to solicit multiple proposals for the proposed work effort.

FISCAL IMPACT:

The applicant is responsible for the entire contract amount of $252,277, in addition to an initial deposit of $5,880 per the City fee schedule for staff’s time to administer and review environmental work. Once this deposit is exhausted, City staff will recover additional funds at its billing rate set by the adopted fee schedule.

ATTACHMENTS:

A- Rincon Consultants, Inc Contract
22 Rincon Consultants, Inc

CITY OF SOLVANG

PROFESSIONAL SERVICES AGREEMENT

PARTIES AND DATE. This Agreement is made and entered into this 10th day of February, 2025 (“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 RINCON CONSULTANTS, INC, a California Corporation with its principal place of business at 180 North Ashwood Avenue, Ventura, CA 93003 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:

1.0 GENERAL PROVISIONS

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

1.02 Services : Consultant shall perform the scope of work (tasks) described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the project schedule which is also set forth in Exhibit A.

Consultant shall determine the method, details and means of performing the abovereferenced services.

Consultant may, at their own expense, employ such assistants and subconsultants, as Consultant deems necessary to perform the services required of Consultant by this agreement.

However, Consultant may not assign this agreement to any other person or entity in the performance of required project-related services, and the City may not control, direct or supervise Consultant’s assistants or employees in the performance of those services.

1.03 Standard of Performance: Consultant’s services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions. Whenever the scope of work requires or permits approval by the City, it is understood to be approval solely for the purposes of conforming to the requirements of the scope of work and not acceptance of any professional or other responsibility for the work. Such approval does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant or its subcontractors. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws. If Consultant is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Consultant shall maintain that license, certification, registration or other similar requirement throughout the term of this Contract.

1.04 Compensation: In consideration for the services to be performed by Consultant, City agrees to pay Consultant monetary consideration for professional services in accordance with the fee schedule set forth in Exhibit A. The parties agree that total compensation for fees and costs for the services detailed in Exhibit A shall not exceed the sum of $252,277, unless and until this Agreement is amended as provided herein.
23 Rincon Consultants, Inc

1.05 Billing/Payment Terms. All charges for Consultant’s services and authorized related reimbursable expenses shall be billed monthly, and all undisputed charges will be paid by City within 30 (thirty) days of receipt. The bills shall list all tasks under this Agreement, the task budget, project total budget, percentage completed for each task for that month, associated percentage billing against each task, and total billing for that month. In the event the Agreement is based on time & materials billing up to a not-to-exceed amount, the bill shall itemize by date all services and expenses provided during the invoice period (under this Agreement) including a brief description of the nature of work performed, the person or vendor performing them, the applicable billing rate, and the time expended. All Consultant service invoices must be approved by the City Manager prior to payment.

2.0 OBLIGATIONS OF CONTRACTOR

2.01 Contract Management and Service Performance: 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.

(c) In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of the Consultant unless as indicated in Subsection (d), will be performing a very limited and closely supervised function, and therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection (d). _____ (Initials).
(d) In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally for the purpose of influencing a governmental decision. As a result, the following persons shall be subject to the City’s Conflict of Interest Code.
_None_____________________

2.03 Tools and Instrumentalities: Consultant shall provide all tools and instrumentalities to perform the services under this agreement.
24 Rincon Consultants, Inc

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

2.05 Indemnification
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph (a). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs (a) or (b). To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of 25 Rincon Consultants, Inc
this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) Payment by City is not a condition precedent to enforcement of the indemnities in paragraph (a), (b), or (c). In the event of any dispute between Consultant and City, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 2.05 shall survive completion of Consultant’s services or the termination of this Agreement.

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

2.07 Campaign Contribution Disclosure: Pursuant to Government Code Section 84308, any party to a City proceeding (which includes, but is not limited to, all contracts with the City, other than competitively bid, labor, or personal employment contracts) must disclose on the record any campaign contributions made to a member of the City Council or other elected or appointed officer of the City, any candidate for elected office of the City, or any candidate for elective office of any other agency who is also an elected or appointed officer of the City in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent, such as a consultant, and aggregated contributions from persons or entities related to the party. Consultant is required to fill out and provide the attached Exhibit C ‘Applicant/Interested Party Campaign Contribution Disclosure Form’ with submission of this Agreement and to update this form after each contribution and no later than the beginning of any associated proceeding.

3.0 OBLIGATIONS OF CITY

3.01 Cooperation: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant’s duties under this agreement. City employees, agents and officers of the City agree to disclose all information relevant to this project to Consultant. Consultant shall be entitled to reasonably rely upon the accuracy and completeness of information furnished by City, provided that Consultant shall give City prompt written notice of any known defects in such information.

4.0 TERMINATION OF AGREEMENT

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

4.02 Termination on Occurrence of Stated Events: This agreement shall terminate automatically on the occurrence of any of the following events:
26 Rincon Consultants, Inc
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.

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

4.04 Termination: This agreement shall expire on December 31, 2026, unless earlier extended as set forth in this Section. The City, with the agreement of Consultant, is authorized to extend the term of this agreement beyond the termination date, as needed, under the same terms and conditions as set forth in this agreement. Any such extension shall be in writing and be an amendment to this agreement.

5.0 SPECIAL PROVISIONS

5.01 Additional Tasks as May Be Assigned by the City Manager: Prior to initiating any Consultant work on matters relating to the purposes of this Agreement, but outside the Scope of Services for this Agreement, it shall be the responsibility of Consultant to obtain written approval of the City Manager, prior to initiation of such tasks.

5.02 Time Schedule: Consultant is to begin work upon receipt and execution of City contract. Consultant agrees to engage its best efforts to adhere strictly to the schedule set forth in Exhibit A and incorporated herein.

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

5.04 Confidentiality:
(a) Confidential Nature of Information. Consultant shall treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City.

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this contract as confidential.
(b) Limitation on use and disclosure. Consultant agrees that it will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Consultant’s scope of work. Consultant will not disclose any information prepared for the City, or obtained from the City or obtained as a consequence of the performance of work to any person other than the City, or its own employees, agents or 27 Rincon Consultants, Inc
subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is specifically authorized in writing by the City. (c) Security plan. If requested by the City Manager, Consultant shall prepare a security plan to assure that information obtained from the City or as a consequence of the performance of work is not used for any unauthorized purpose or disclosed to unauthorized persons.

Consultant shall advise the City of any request for disclosure of information or of any actual or potential disclosure of information.
(d) Survival. Consultant’s obligations under this paragraph shall survive the termination of this contract.

6.0 MISCELLANEOUS

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

PARTY ADDRESS
TO: CITY OF SOLVANG City of Solvang
1644 Oak Street
Solvang, CA 93463
Attention: City Clerk
Copy to: Chelsea O’Sullivan, City Attorney
Richards, Watson & Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
TO: CONSULTANT Richard Daulton, Secretary
180 North Ashwood Avenue
Ventura, CA 93003

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 28 Rincon Consultants, Inc
copyrights, which arise from creation of the work pursuant to this contract, shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

6.07. Integration and Modification:
(a) This contract represents the entire understanding and agreement of the City and Consultant as to those matters contained herein. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This contract may not be modified, amended, or altered except in writing signed by the City and Consultant.
(b) In the event of any conflict between the terms of this agreement and the terms of an exhibit, the terms of this agreement shall control, even if the exhibit purports to modify this agreement. In the event an exhibit incorporates by reference any additional physical documents, websites, web links or other electronic location not under the control of the City, the parties agree that such additional documents shall have no impact on this agreement and shall be deemed to be void unless actually attached to the exhibit that purports to incorporate such additional document. Notwithstanding the foregoing sentence, the provisions of Section 2.05 of this agreement shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this agreement, even if such exhibit purports to affect the provisions of Section 2.05.

Furthermore, any attempt to limit liability to the City that is expressed in an exhibit shall have no force or effect unless City has expressly agreed to such limitation by providing the initials of its authorized representative here: ___________.

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

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

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

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. 29 Rincon Consultants, Inc

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

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

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

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

6.16. Amendments: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all the parties to this agreement.

6.17. Signatures: The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

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

CITY OF SOLVANG CONTRACTOR

RINCON CONSULTANTS INC

David Brown, Mayor Richard Daulton, Secretary
ATTEST: APPROVED AS TO FORM
Richards, Watson & Gershon

Annamarie Porter, City Clerk Craig Steele, Acting City Attorney 30 Rincon Consultants, Inc

EXHIBIT A

SCOPE OF WORK,

FEE SCHEDULE
&

PROJECT SCHEDULE
31 Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, California 93003
805-644-4455
www.rinconcons ultants.com
December 10, 2024
Rincon Project No. 24-16347
Rafael Castillo, Planning Manager
City of Solvang
411 Second Street
Solvang, California 93463
Via email: [email protected]
Subject: Proposal to Prepare an Initial Study and Environmental Impact Report for the Wildwood Project, City of Solvang, California
Dear Mr. Castillo:

Rincon Consultants, Inc. (Rincon) is pleased to provide this proposal to assist the City of Solvang (City) with environmental documentation required by the California Environmental Quality Act (CEQA) for the Wildwood Project. This proposal includes preparation of an Initial Study and a Environmental Impact Report (EIR).

Project Understanding
Lots on Alamo Pintado, LLC (applicant) is proposing to develop 100 multi-family residential units on a vacant 5.45 acre site in Solvang. The site is comprised of Assessor Parcel Numbers 139-53-001 and 139-530-002. The two-story multi-family buildings would include 20 1-bedroom units, 70 2-bedroom units, and 10 3-bedroom units. Twenty percent of the units will be low-income and eighty percent will be market rate.

Scope of Work
Based on discussions with the City, this scope of work assumes the appropriate document for CEQA compliance will be an EIR, which will be supported by the technical analysis provided in the applicantprepared technical studies and an Initial Study prepared by Rincon.

The scope of work below assumes that no hard copies or Americans with Disabilities Act (ADA) accessible document will be provided. However, Rincon can provide hard copies or ADA-compliant documents for an additional fee to be determined on a time-and-materials basis, if requested.

Task 1 Project Initiation and Kick-off Meeting
This task includes effort to initiate the project. Upon authorization to proceed, Rincon’s Principal-inCharge and Project Manager will attend a virtual 1-hour kickoff meeting with City staff. Applicant representatives may be invited at City staff’s discretion. This meeting will serve as a forum to review and confirm study objectives, discuss schedule, and establish communication protocols.

The kickoff meeting also allows the City, applicant, and Rincon an opportunity to discuss data needs.

Rincon will use this opportunity to request any relevant studies and information not already transmitted. This step should clarify the environmental concerns of the community and interested parties, allowing the team to verify the scope of the environmental study. In addition to attendance at the kickoff meeting, this task includes preparation of a meeting agenda and meeting minutes.

Exhibit A
32 City of Solvang
Wildwood Residential Project
2 Deliverables
Agenda and meeting minutes.

Task 2 Peer Review
Rincon senior-level staff will peer review the technical studies submitted by the applicant. This scope of work includes peer review of the following technical studies:
• Archaeology Resources Report
• Historical Resources Report
• Paleontological Assessment Report
• Biological Resources Assessment and Jurisdiction Determination Report • Arborist Report
• Preliminary Hydrology Report
• Preliminary Stormwater Control Plan
• Geotechnical Engineering Report
• Phase I Trip Generation and Policy Consistency Analysis • Vehicle Miles Traveled Analysis
• Phase I Environmental Site Assessment
• Traffic Study
Rincon’s peer review will be limited to review for adequacy for compliance with CEQA and will not include an engineering-level technical review of design, modeling methods, or assumptions that are not considered environmental issues under CEQA. We assume that the appropriate City staff will also review the reports for compliance with City requirements and design requirements not related to CEQA.

The peer review will also not include validation or verification of all data sources and information cited used to develop the reports. The scope of work assumes report preparers have conducted a thorough quality assurance/quality control (QA/QC) review of the documents, all data sources are valid, and all information cited is accurate. This scope also assumes that the technical reports will include sufficient information and analysis for incorporation in the Initial Study and EIR.

Rincon will produce a memorandum documenting our findings regarding the studies and recommendations regarding any new or revised analysis to be completed. We assume that the applicant’s consultants will revise their studies to address any comments unless no substantive issues are identified. Upon receipt of the revised studies, we will backcheck the revised studies to determine if the comments have been addressed. Our cost estimate assumes that the applicant’s consultants will sufficiently address Rincon’s comments and additional reviews of the applicant-prepared studies will not be required. Should Rincon’s follow-up review of the revised studies require further comment and revision, a contract amendment may be required to provide additional budget to support the peer review process.

In carrying out the CEQA process, it may be found that additional studies are necessary to complete the CEQA review. Peer review of additional technical studies not listed above is not included in this scope of work, but can be provided at the City’s request for an additional fee. This scope of work does not include preparation of additional technical studies or analysis, with the exception of Air Quality, Greenhouse Gas Emissions, and Noise, which Rincon will conduct as part of the EIR (Task 7). 33 City of Solvang
Wildwood Residential Project
3 Deliverables
PDF version of the peer review memoranda. Verification that the applicant has addressed Rincon’s comments will be transmitted via email.

Task 3 Project Description
Rincon will prepare a detailed project description in accordance with Section 15124 of the CEQA Guidelines and will transmit the draft project description for City review. The project description will use and expand upon the description and plans provided by the applicant in the application package.

Textual, tabular, and graphic presentation of information will be included as necessary to facilitate a thorough understanding of the project. The project description will include:
• Description of the site and surrounding uses
• An explanation of the proposed development and requested land use changes, permits, and approvals
• Discussion of the project components, including site access, grading, and utility services • Duration of construction and any proposed phasing of development • Description of design features and/or operational practices • Statement of project objectives
• Up to four graphics depicting the project site location and project components Rincon will address up to one round of consolidated City comments on the project description.

Deliverables
PDF and Microsoft Word versions of the draft and final Project Description.

Task 4 Tribal Consultation Assistance
Under Assembly Bill (AB) 52 (California Government Code Section 21080.3.1 (a)), the City, as the CEQA lead agency, is required to begin consultation with California Native American Tribes that are traditionally and culturally affiliated with the project site prior to the release of an environmental impact report. If the City does not maintain an AB 52 contact list, Rincon will request an AB 52 consultation list from the California Native American Heritage Commission (NAHC) on behalf of the City. Typically, NAHC list requests are fulfilled within 15-20 business days. Rincon will assist the City with consultation under AB 52 by providing the City with letter templates, checklists, and detailed instructions to ensure meaningful consultation with interested Native American groups can be completed in accordance with AB 52. Upon City review and approval of the letters, Rincon will print and mail the letters on agency letterhead, with the City’s return address. After receipt of letters, Native American Tribes have 30 days to reply to a request for consultation under AB 52.

Rincon will also participate in one 1-hour conference calls, plus an assumed 1-hour of preparation for the call, to support consultation if requested during the AB 52 process. Rincon assumes in-person meetings will not take place. Rincon assumes that the City will be responsible for scheduling meeting dates. Upon conclusion of AB 52 consultation, Rincon will prepare one technical memorandum documenting the results of consultation efforts that will be referenced in the CEQA analysis and provided to the City in electronic format.
34 City of Solvang
Wildwood Residential Project
4 Deliverables
Letter templates, checklists, and detailed instructions for tribal consultation. Technical memorandum summarizing the results of the consultation efforts.

Task 5 Initial Study
Upon City approval of the Project Description, Rincon will prepare an Initial Study for the project in accordance with Section 15063(d) of the State CEQA Guidelines. The purpose of the Initial Study is to determine the potentially significant impacts, which will be further evaluated in the EIR (Task 7). Each of the environmental topics included in the State CEQA Guidelines Appendix G Environmental Checklist Form will be addressed at a level of detail sufficient to allow the City to make determinations of significance. To the extent possible, Rincon will incorporate information from existing technical reports and planning documents that apply to the proposed project. Especially relevant will be the technical studies and reports the applicant has prepared for the project which will be peer reviewed by Rincon as part of Task 2. Where appropriate, impacts will be quantified. If existing data does not allow definitive quantification, reasonable assumptions will be used to qualitatively forecast potential impacts.

The Initial Study will be submitted to the City for review. Rincon will address up to one round of consolidated City comments on the Initial Study.

Deliverables
Draft and Final Initial Study.

Task 6 Notice of Preparation and Scoping Meeting
Task 6.1 Notice of Preparation
Upon City approval of the Initial Study, Rincon will prepare the NOP for City review and approval. After City review, Rincon will provide an electronic copy of the NOP to the City for signature. Rincon will file the NOP with the County Clerk and State Clearinghouse; publish the NOP in the Santa Ynez Valley News; email the NOP to up to 50 responsible agencies, trustee agencies, other interested parties, and Native American Tribes; and distribute the NOP to up to 25 adjacent property owners and occupants.

Rincon will purchase parcel data in order to obtain the addresses for the owners and occupants of the adjacent parcels. This scope of work assumes that the City will post the NOP and Initial Study on the City website, and will compile all responses to the NOP for transmittal to Rincon for inclusion in the EIR. This scope of work also assumes that the NOP will not exceed four pages in length, the County Clerk filing fee will not exceed $50, the newspaper publication cost will not exceed $600, and the parcel data for the adjacent properties will not exceed $300.

Deliverables
Draft and Final NOP
Task 6.2 Scoping Hearing
Rincon will assist the City with preparing for and conducting a public scoping hearing during the 30- day NOP review period. This scope of work assumes that the scoping hearing will be noticed in the NOP, and separate noticing will not be required. This scope of work also includes attendance of the Project Manager at the scoping hearing. Rincon assumes the City will provide the venue (virtual and/or physical) and coordinate the logistics for the meeting. We also assume the City will provide translation 35 City of Solvang
Wildwood Residential Project
5 services, if necessary. Rincon will be responsible for powerpoint materials consisting of project description, site plan, site location map, CEQA timeline, and any other presentation graphics, to be provided in electronic format. Rincon will also provide a sign-in sheet and public comment forms. If desired by the City, the Rincon Project Manager will make a presentation providing an overview of the project and the CEQA process and will facilitate public comments thereafter. The focus of the public comments will be the scope of the EIR.

Deliverables
Scoping hearing sign-in sheet, public comment forms, and PowerPoint presentation or slides to supplement the staff-led presentation.

Task 7 Draft EIR
Task 7.1 First Administrative Draft EIR
Rincon will prepare an Administrative Draft EIR in compliance with CEQA requirements based on the applicant-provided technical reports and information gathered as part of the Initial Study and comments on the NOP. This scope of work assumes up to eight environmental topics will be addressed in the EIR at a higher level of detail than was provided in the Initial Study. The Administrative Draft EIR will include the following sections:
▪ Executive Summary. This section will provide a summary of the entire EIR, including a summary of impacts and mitigation measures in matrix format.
▪ Introduction and Environmental Setting. The introduction will describe the purpose of the EIR, list the scope of issues to be addressed, summarize NOP comments, present the organization of the report, and summarize the cumulative projects.
▪ Project Description. This chapter will include the project description prepared in Task 3. ▪ Analysis, Impacts, and Mitigation Measures. As noted above, we assume up to eight environmental topics may require additional analysis in the EIR at a higher level of detail than was provided in the Initial Study. The biological resources, cultural resources, and transportation sections of the EIR will be based largely on the applicant-provided technical studies. This scope also assumes that the applicant provided technical reports will include sufficient information and analysis for incorporation into the EIR. The aesthetics, air quality, greenhouse gas, noise, and tribal cultural resources analysis which Rincon will conduct as part of the EIR. The approach for the eight sections is detailed below. Analysis of impacts for such environmental topics will include four main components:
o Setting (description of current conditions with respect to the issue in question, including the existing regulatory environment)
o Impact analysis (discussion of potentially significant effects of the proposed project; impacts are typically compared to established “thresholds of significance”) o Mitigation measures (methods by which significant effects can be reduced or eliminated) o Level of significance after mitigation (discussion of whether or not proposed mitigation measures reduce impacts to below the adopted significance threshold) ▪ Other CEQA-Required Sections. The EIR will include all other sections required by the CEQA Guidelines, including growth-inducing impacts and irreversible significant effects. This section of the EIR will examine the potential for the proposed project to induce substantial population growth and/or economic expansion or remove obstacles to growth, such as through infrastructural improvements.
36 City of Solvang
Wildwood Residential Project
6 ▪ Alternatives. The EIR will analyze up to three alternatives, including the No Project Alternative.

Rincon will work directly with City staff to identify alternatives. Evaluation of alternatives will be qualitative and at a lesser detailed than for the proposed project, though the analysis will provide sufficient information to allow decision-makers to select a project alternative if they choose to do so. This section will also discuss alternative sites, alternatives considered but rejected, and identify the environmentally superior alternative. If the “no project” alternative is determined to be environmentally superior, the EIR will identify the environmentally superior alternative among the remaining scenarios.
▪ References and List of Preparers: This section will include a list of all references used during preparation of the EIR, as well as a list of preparers.

This scope of work assumes that the eight technical topics to be analyzed in the EIR will include Aesthetics, Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Noise, Transportation, and Tribal Cultural Resources. The approach for the eight technical sections is detailed below:
▪ Aesthetics: This will include evaluation of the site’s existing visual setting, including the project site’s physical attributes, relative visibility, and relative uniqueness. The evaluation will consider project consistency with applicable City development standards relating to the visual and aesthetic characteristics of potential development. The analysis will also consider impacts related to light and glare. The aesthetics section will be based on visual simulations from Alamo Pintado Drive and Old Mission Drive, provided by the applicant and approved by City staff. The aesthetics analysis will entail an evaluation of the modification of visual resources located on-site and on views of scenic resources that may be partially or fully obstructed, as well as the change in visual character of the site and surrounding area as a result of the development of the site. This will include a discussion of the change in the aesthetics of the site with development of the project, including grading, infrastructure, structural development, and landscaping. Where necessary, the section will identify measures required to mitigate aesthetic impacts.
▪ Air Quality: To address impacts associated with air pollutant emissions, Rincon will consider both temporary construction and long-term operational emissions. The section will summarize the existing air quality conditions in the air basin using data for nearby air monitoring stations available from the California Air Resources Board and the Santa Barbara County Air Pollution Control District (SBCAPCD) and characterize the state of the climate and relevant federal, State, and local regulations. Construction and operational emissions of criteria pollutants will be calculated using the California Emissions Estimator Model (CalEEMod). The significance of air quality impacts will be evaluated based on the thresholds defined by the SBCAPCD and based the on the project’s compliance with local air quality plans. The findings of the air quality analysis will be summarized directly in the EIR that documents the methodology and results of air pollutant modeling. An appendix with technical modeling data will be included. This scope of work assumes that the applicant will provide Rincon with construction information (e.g., soil cut/fill estimates, schedule, and construction equipment to be used) and operational information (sustainability features, recreational use details, etc.). No analysis of the environment onto the project site (e.g., from roadway air quality emissions) is proposed, as those impacts are not a CEQA issue.
o Construction Health Risk Assessment: A construction Health Risk Assessment (HRA) will be included in the Air Quality section of the EIR. Potential exposure to substantial concentrations of Toxic Air Contaminants could arise from the construction of the proposed project. Due to the location of sensitive receptors within 1,000 feet of the project site and over 10,000 cubic yards of soil movement, there is a potential for health risk impacts from 37 City of Solvang
Wildwood Residential Project
7 construction activities. A refined HRA will be performed in accordance with the latest California Office of Environmental Health Hazard Assessment (OEHHA) Guidance. The analysis will incorporate the estimated construction emissions and dispersion modeling using the American Meteorological Society/United States Environmental Protection Agency’s Regulatory Model (AERMOD) with meteorological data from the closest meteorological monitoring station. AERMOD dispersion model outputs will be converted into specific cancer risks and non-cancer chronic health hazard impacts in accordance with the OEHHA Guidance. The results of the HRA will be incorporated into the air quality EIR section.
▪ Biological Resources: This section will include a summary of existing biological conditions based on information in the Biological Resources Assessment and Jurisdiction Determination Report and Arborist Report provided by the applicant. Our scope does not include field work or protocol-level botanical or wildlife surveys. The results of the technical studies will be summarized in the EIR and will include 1) documentation of the existing baseline conditions for biological resources; 2) evaluation of the potential for special status plants and animals, sensitive vegetation communities, and jurisdictional waters and wetlands to occur on the project site; 3) analysis for impacts biological resources, including potential impacts from tree removal to nesting birds; and 4) mitigation measures, if necessary. ▪ Cultural Resources: This section will be based on the information provided in the Archaeology Resources Report and Historical Resources Report provided by the applicant. This proposal does not include completion of a pedestrian survey or Extended Phase 1 subsurface testing.

The results of the technical studies will be summarized within the section and will include: 1) a discussion of potential project-specific impacts to archaeological and historical resources and 2) mitigation measures to reduce potentially significant project impacts to archaeological and historical resources.
▪ Greenhouse Gas Emissions: To address impacts associated with greenhouse gas (GHG) emissions, Rincon will consider both temporary construction and long-term operational emissions. The section will characterize the state of the climate and relevant federal, State, and local climate change regulations and will identify the GHGs of primary concern. GHG emissions will be calculated using CalEEMod. The significance of GHG emissions will be evaluated based on the thresholds defined by the SBCAPCD. The findings of the GHG emissions analysis will be summarized directly in the EIR that documents the methodology and results of GHG emissions modeling. An appendix with technical modeling data will be included. ▪ Noise: The noise analysis will be conducted in accordance with City of Solvang guidelines, standards, and ordinances. The analysis will consider both temporary construction and longterm operational noise from the project. Noise measurements will be conducted to document the ambient noise environment. The survey will consist of up to four (4) short-term (15-minute) and two (2) long-term (24 hour minimum) noise measurements. An analysis of construction activities will be conducted to assess noise and vibration levels at nearby sensitive receptors based on equipment types and operations provided by the applicant. Project-related traffic noise increases will be assessed along nearby roadways based on data from the Phase I Trip Generation and Policy Consistency Analysis. An analysis of the potential for on-site noise generators (e.g., HVAC equipment) to impact adjacent uses will be evaluated. The findings of the noise analysis will be summarized directly into the EIR that documents the methodology and results of noise modeling and impacts. An appendix with technical modeling data will be included. No analysis of impact of the environment onto the project site (e.g., from roadway noise) is proposed, as those impacts are not a CEQA issue. 38 City of Solvang
Wildwood Residential Project
8 ▪ Transportation: This section will be based on the Vehicle Miles Traveled Analysis provided by the applicant. This scope of work assumes that the applicant’s traffic consultant will provide a sight distance analysis for the project driveway. The section will discuss potential impacts to pedestrian, bicycle, and transit circulation, VMT, hazards from geometric design, and emergency access.
▪ Tribal Cultural Resources: The Tribal Cultural Resources section will incorporate a brief description of the City’s tribal consultation efforts and summarize the results of the consultation. Tribal consultation assistance is included as Task 4. This section will include an impact analysis for tribal cultural resources and will include mitigation measures and monitoring requirements, if necessary.

The Administrative Draft EIR will be submitted to the City for review. This scope of work assumes that the entire Administrative Draft EIR will be submitted at one time. If the City requests that EIR sections be submitted for review in batches, a scope and cost amendment would be needed.

Deliverables
First Administrative Draft EIR
Task 7.2 Second Administrative Draft EIR
After City review of the Administrative Draft EIR, Rincon will revise the document, as needed, to address the City’s comments. Rincon will respond to one round of consolidated comments on the Second Administrative Draft EIR and will prepare the Public Review Draft EIR (Task 7.3) Deliverables
Second Administrative Draft EIR
Task 7.3 Public Review Draft EIR
Rincon will address City comments on the Second Administrative Draft EIR. Once all City comments have been resolved, Rincon will format and compile a PDF of the Public Review Draft EIR for public circulation. This task involves the editorial work, production, and communication processes required prior to publishing the Draft EIR for public review and comment.

Rincon will prepare all required public notices, including the Notice of Availability (NOA), Notice of Completion (NOC), and State Clearinghouse Summary Form. Rincon will file the NOA with the County Clerk; file the NOA, NOC and Summary Form with the State Clearinghouse; publish the NOA in the Santa Ynez Valley News, email the NOA to up to 50 responsible agencies, trustee agencies, other interested parties, and Native American Tribes; and distribute the NOA to up to 25 adjacent property owners and occupants. This scope of work assumes that the City will post the NOA and Public Review Draft EIR on the City website, and will compile all public comments for transmittal to Rincon for inclusion in the EIR. This scope of work also assumes that that the NOA will not exceed four pages in length, the County Clerk filing fee will not exceed $50 and the newspaper publication cost will not exceed $600. This scope of work also assumes that the NOP distribution list will be used for the NOA distribution.

Deliverables
Public Review Draft EIR, NOA, NOC, State Clearinghouse Summary Form, Newspaper Advertisement 39 City of Solvang
Wildwood Residential Project
9 Task 8 Final EIR
The Final EIR process will involve responding to public comments, revisions to the Draft EIR (if needed) and preparing the Mitigation Monitoring and Reporting Program (MMRP). This scope of work assumes that no substantial changes to the project design will be made between the Draft and Final EIR, and that public review comments will not require new analysis or substantial changes to the Draft EIR. The Final EIR will be prepared in compliance with Section 15132 of the CEQA Guidelines. Specific subtasks associated with this work effort are described below.

Task 8.1 Response to Comments
Subsequent to receipt of all public comments on the Draft EIR, Rincon will submit draft responses to comments received on the Draft EIR for City review. We have assumed that up to twelve comment letters, including three lengthy (over five pages) and/or substantive letters, containing comments on the CEQA document will be received and can be adequately responded to in a maximum of 100 hours of professional staff time. We reserve the right to reexamine and renegotiate this task once the public review period is closed and the time required for this task is known with greater certainty. Rincon will address up to two rounds of City comments on the responses to comments.

Deliverables
Responses to Public Comments
Task 8.2 First Administrative Final EIR
Rincon will prepare the Final EIR which will include 1) an introduction chapter summarizing the purpose of the Final EIR, public review process, and EIR certification process, 2) responses to public comments, prepared as part of Task 8.1, 3) errata to the Draft EIR, and 4) MMRP, prepared as part of Task 8.3.

Rincon will modify text or data in the Draft EIR, if needed, based on the responses to comments or if requested by the City. If revisions to the Draft EIR are required, changes to the Draft EIR will be depicted in an underline and strikethrough format in the errata chapter of the Final EIR. This scope of work assumes that substantial changes to the Draft EIR and new analysis will not be required. Rincon will submit the First Administrative Final EIR to the City for review, concurrently with the response to comments prepared as part of Task 8.1.

Deliverables
First Administrative Draft Final EIR
Task 8.3 Mitigation Monitoring and Reporting Program
Rincon will prepare the MMRP, which will include implementation responsibility, timing, monitoring requirements, and standards for success of all mitigation measures included in the Final EIR. The MMRP will be submitted to the City for review as part of the First Administrative Final EIR. Rincon will address up to one round of City comments on the MMRP.

Deliverables
MMRP
40 City of Solvang
Wildwood Residential Project
10 Task 8.4 Second Administrative Final EIR
Rincon will address consolidated City comments on the First Administrative Final EIR, including the responses to comments, Draft EIR errata, and MMRP and will prepare the second Administrative Final EIR.

Deliverables
Second Administrative Draft Final EIR
Task 8.5 Final EIR
Prior to certification of the Final EIR, and after receiving City staff comments on the Second Administrative Final EIR, Rincon will address City comments and prepare the Final EIR. This will be the document utilized in hearings by the decision-makers when they consider the project for final action.

Rincon will provide a PDF of the Final EIR for the hearing process.

At least ten days prior to the Planning Commission hearing, Rincon will email the responses to comments to public agencies that commented on the Draft EIR. This scope of work assumes that up to twelve comment letters will require responses to be provided in advance of the hearing.

Within five days of project approval and certification of the Final EIR, Rincon will file a Notice of Determination (NOD) with the County Clerk’s office and State Clearinghouse. This scope of work assumes that the County Clerk filing fee will not exceed $50 and the California Department of Fish and Wildlife CEQA filing fee will not exceed $4,250.

Deliverables
Final EIR and NOD
Task 9 Findings of Fact and Statement of Overriding Considerations Rincon will prepare the CEQA findings of fact (findings) for the project. CEQA Guidelines §15091 requires that no public agency approve or carry out a project, for which an EIR has been completed and identifies one or more significant effects, unless the public agency prepares findings for each significant effect. Rincon will prepare draft findings in support of findings for each potential significant effect identified in the EIR. The findings will include information related to whether those significant impacts identified in the EIR will be reduced to below a level of significance by mitigation measures identified in the EIR. In addition, the findings will discuss the reasoning for ultimately rejecting the project alternatives.

CEQA Guidelines §15093 requires that when an agency approves a project that will have a significant adverse environmental effect that is unavoidable, the agency must make a Statement of Overriding Considerations. If any unavoidable significant impacts are identified in the EIR, Rincon will prepare the Statement of Overriding Considerations, in coordination with the City project manager and City attorney. This scope of work assumes that if alternatives are determined to be infeasible due to financial considerations, or that the Statement of Overriding considerations relies on specific economic or financial factors, corresponding financial data to support these conclusions will be provided by the City. Rincon will provide the draft of the CEQA findings to the City for review and comment. Rincon will address up to one round of consolidated City comments on the findings. This scope of work assumes that the City will prepare the Staff Report and Resolutions. 41 City of Solvang
Wildwood Residential Project
11 Deliverables
Draft and Final Findings (and Statement of Overriding Considerations, if applicable) Task 10 Meetings and Hearings
Task 10.1 Meetings
In addition to the kickoff meeting (included in Task 1) and scoping hearing (Task 6.2), the Rincon Project Manager and one addition staff person (Principal-in-Charge, Assistant Project Manager, or technical staff) will attend up to eight additional meetings over the course of this scope of work. This scope of work assumes the meetings will be virtual and will not exceed 1-hour in length. As appropriate, Rincon will prepare agenda and meeting minutes.

Deliverables
Meeting agenda and minutes
Task 10.2 Hearings
The proposal assumes that the Rincon Project Manager will attend two in-person public hearings (Planning Commission and City Council hearings for the Final EIR). If desired by the City, presentation materials (including PowerPoint slides) will be provided for the public hearings. Rincon’s Project Manager will also be available to present the environmental-related portions of the staff presentation, if desired by the City. This scope of work assumes that the City will provide public notice of the hearings.

This scope of work also assumes that no changes to the Final EIR will be required as a result of the hearings.

Deliverables
A PowerPoint presentation or slides to supplement the staff-led presentation before the Planning Commission and City Council.

Task 11 Project Management
This task entails active project management to ensure that there is an adequate exchange of information during project initiation and preparation of the environmental document. Rincon’s Project Manager will be responsible for coordinating communication and maintaining a close working relationship with City staff during execution of this project, supported by the Assistant Project Manager.

This task includes in-house management of Rincon staff during the course of this scope of work, which assumes that the Final EIR will be completed within 12 months. This task includes responding to telephone calls and emails regarding the project, monitoring the project budget and schedule, invoicing, and other similar tasks. This task also includes provision of bimonthly status updates emailed to the City over the course of the project. Weekly status updates can also be provided, when warranted or requested by the City.

Deliverables
Progress reports
42 City of Solvang
Wildwood Residential Project
12 Assumptions
The scope of work is based on the following assumptions. Changes to the project or schedule that affect the assumptions may require a scope and budget amendment. ▪ The appropriate document for CEQA compliance will be an EIR, which will include up to eight technical topics (Air Quality, Aesthetics, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Noise, Transportation, and Tribal Cultural Resources) ▪ Rincon’s peer review of the applicant’s technical studies will be limited to review for adequacy for compliance with CEQA. City staff will also review the applicant’s technical studies ▪ This scope also assumes that the applicant provided technical reports will include sufficient information and analysis for incorporation into the EIR. ▪ Rincon will not prepare additional technical studies, with the exception of Air Quality, Greenhouse Gas, and Noise, which Rincon will conduct as part of the Initial Study and the EIR ▪ Rincon will address no more than one round of consolidated City comments on the Project Description, Initial Study, Findings of Fact, and MMRP and up to two rounds of consolidated City comments on all other deliverables.
▪ The applicant will provide project plans in PDF and digital format (in a format that can be converted to FIS) and all other information needed to complete the project description ▪ Rincon will participate in one 1-hour conference calls, plus an assumed 1-hour of preparation for the call, to support consultation if requested during the AB 52 process. No in-person consultation meetings will take place
▪ Rincon will be responsible for public noticing and payment of filing fees, with the exception of posting notices and documents to the City website
▪ The scoping hearing will be noticed in the NOP, and separate noticing will not be required. ▪ The NOP and NOA will not exceed four pages in length
▪ The City will provide the venue (virtual and/or physical), coordinate the logistics, and provide translation services for all public meetings and hearings ▪ No hard copies or ADA-compliant documents will be provided ▪ No substantial changes to the project design will be made between the Draft and Final EIR ▪ Up to eight comment letters, including two lengthy (over five pages) and/or substantive letters, containing comments on CEQA document will be received on the Draft EIR and can be adequately responded to in a maximum of 100 hours of professional staff time ▪ Public comments will not require substantial changes to the Draft EIR or new analysis ▪ County Clerk filing fees will not exceed $50, California Department of Fish and Wildlife CEQA filing fee will not exceed $4,250, and newspaper publication fees will not exceed $650 ▪ Parcel data for the adjacent properties will not exceed $300 ▪ Rincon’s Principal-in-Charge and Project Manager will attend a virtual 1-hour kickoff meeting ▪ Rincon’s Project Manager will attend an in-person scoping hearing ▪ Rincon’s Project Manager and one addition staff person (Principal-in-Charge, Assistant Project Manager, or technical staff) will attend up to eight virtual 1-hour meetings ▪ Rincon Project Manager will attend two in-person public hearings ▪ The City will prepare the Staff Report and Resolutions ▪ The Final EIR will be completed within 12 months.
43 City of Solvang
Wildwood Residential Project
13 Schedule
The anticipated schedule for the environmental review process is outlined below. Rincon anticipates that the Final EIR can be completed for hearings within approximately nine to ten months of notice to proceed.
▪ Kickoff Meeting - Within five working days of receipt of notice to proceed. ▪ Project Description - Rincon will submit the draft project description within two weeks of the project kickoff and receipt of all necessary project information to be provided by the applicant. ▪ Peer Review of Applicant-Provided Technical Reports. Rincon will submit a peer review memorandum within three weeks of City approval of the Project Description. ▪ Administrative Draft Initial Study - Rincon will submit the Administrative Draft Initial Study within four weeks of City approval of the applicant-prepared technical studies. ▪ NOP - Public review of the NOP and Initial Study to commence within two weeks of City approval of the Initial Study.
▪ First Administrative Draft EIR - Rincon will submit the First Administrative Draft EIR within four weeks of the close of the NOP public review period.
▪ Second Administrative Draft EIR. Rincon will submit the Second Administrative Draft EIR within three weeks of receipt of City comments on the First Administrative Draft EIR. ▪ Public Review Draft EIR. Public review of the Draft EIR to commence within three weeks of receipt of City comments on the Second Administrative Draft EIR. ▪ First Administrative Final EIR and Response to Comments: Rincon would submit the First Administrative Final EIR, including responses to public comments on the Draft EIR, to the City for review within 5 weeks of close of the public review period. ▪ Second Administrative Final EIR: Rincon would submit the Second Administrative Final EIR to the City within two weeks of receipt of City comments on the First Administrative Final EIR. ▪ Final EIR for Hearings: Rincon would submit the Final EIR to the City within two weeks of receipt of City comments on the Second Administrative Draft EIR.

The overall schedule is dependent on the number of City reviews of each deliverable and City review times, which are assumed to be one to two weeks for purposes of this proposal. The ability to meet the schedule will depend on the level of public comment, the number of public hearings needed, timely receipt of project information, and City staff’s direction on addressing unanticipated issues that may arise during the process. The schedule assumes that the applicant-prepared technical studies are adequate for use in the Initial Study and EIR and that no major revisions will be required.

Cost
As shown in Table 1 below, the estimated cost for the scope of work outlined above is $252,277. A detailed cost estimate is included as Attachment 1. All work would be invoiced on a time-and-materials basis in accordance with Rincon’s standard fee schedule, included as Attachment 2. 44 City of Solvang
Wildwood Residential Project
14 Table 1 Cost Summary
Task Labor Budget Direct Expenses Estimated Cost
Task 1 Project Initiation and Kickoff $1,239 $0 $1,239
Task 2 Peer Review $31,430 $0 $29,064
Task 3 Project Description $5,354 $0 $5,354
Task 4 Tribal Consultation Assistance $5,772 $35 $5,807 Task 5 Initial Study $17,037 $0 $17,037
Task 6 Notice of Preparation and Scoping Hearing $5,743 $2,144 $7,887 Task 7 Draft EIR $91,981 $1,895 $93,876
Task 8 Final EIR $37,343 $5,005 $42,348
Task 9 Findings of Fact and Statement of
Overriding Considerations $5,595 $0 $5,595
Task 10 Meetings and Hearings $10,794 $421 $11,215
Task 11 Project Management $30,490 $0 $30,490
Total $242,777 $9,500 $252,277
Thank you for your consideration and for this opportunity to support your project. This offer for professional services will remain in effect for a period of 60 days from the date of this proposal. If you have any questions regarding this proposal, please contact Nicole West at 805-316-1117 or [email protected].

Sincerely,
Rincon Consultants, Inc.

Nicole West
Senior Supervising Environmental Planner
Matt Maddox
Principal
Attachments
Attachment 1 Detailed Cost Estimate
Attachment 2 Standard Fee Schedule
45 RINCON CONSULTANTS, INC.
24-16347 Wildwood Residential Project
Cost Estimate

Page 1 ends

Production Specialist I 120.00 2.00 240.00
GIS/CADD Specialist II 167.00 2.00 334.00
Planner II 174.00 40.00 6,960.00
Planner III 196.00 20.00 3,920.00
Supervisor Planner I 272.00 2.00 544.00
Senior Supervisor Planner II 292.00 12.00 3,504.00
Principal 307.00 5.00 1,535.00
Task 5: Initial Study 83.00 17,037.00 0.00 17,037.00
Postage, Shipping, Delivery 34.80
Production Specialist I 120.00 2.00 240.00
Archaeologist III 196.00 16.00 3,136.00
Sr. Supervising Archaeologist II 292.00 4.00 1,168.00
Principal 307.00 4.00 1,228.00
Task 4: Tribal Consultation Assistance 26.00 5,772.00 34.80 5,806.80 Production Specialist I 120.00 1.00 120.00
GIS/CADD Specialist II 167.00 4.00 668.00
Planner II 174.00 16.00 2,784.00
Senior Supervisor Planner II 292.00 4.00 1,168.00
Principal 307.00 2.00 614.00
Task 3 Project Description 27.00 5,354.00 0.00 5,354.00 Production Specialist I 120.00 1.00 120.00
Planner II 174.00 2.00 348.00
Archaeologist III 196.00 7.00 1,372.00
Supervisor Biologist I 272.00 14.00 3,808.00
Senior Supervisor Planner II 292.00 44.00 12,848.00
Sr Supervising Environmental Scientist II 292.00 7.00 2,044.00 Sr. Supervising Archaeologist II 292.00 14.00 4,088.00
Principal 307.00 11.00 3,377.00
Director 307.00 7.00 2,149.00
Senior Principal 319.00 4.00 1,276.00
Task 2: Peer Review 111.00 31,430.00 0.00 31,430.00
Planner II 174.00 2.00 348.00
Senior Supervisor Planner II 292.00 2.00 584.00
Principal 307.00 1.00 307.00
Task 1: Project Initiation and Kick-off 5.00 1,239.00 0.00 1,239.00 24-16347 Wildwood Residential Project Rate Hours Labor Budget Direct Expenses Total Budget
Attachment 1
46 RINCON CONSULTANTS, INC.
24-16347 Wildwood Residential Project
Cost Estimate

Page 2 ends

Project Assistant 103.00 1.00 103.00
Production Specialist I 120.00 4.00 480.00
Planner II 174.00 62.00 10,788.00
Planner III 196.00 24.00 4,704.00
Supervisor Planner I 272.00 16.00 4,352.00
Senior Supervisor Planner II 292.00 41.50 12,118.00
Principal 307.00 11.50 3,530.50
Task 8: Final EIR 160.00 37,342.50 5,004.75 42,347.25
Travel - Mileage 117.25
Sound Level Field Monitoring Package 113.00
Postage, Shipping, Delivery 756.03
Photocopies - Color 155.00
Filing Fees & Newspaper Notices 754.00
Rate Escalation Allowance 0.00 0.00 3,110.00
Project Assistant 103.00 1.00 103.00
Production Specialist I 120.00 15.00 1,800.00
GIS/CADD Specialist II 167.00 12.00 2,004.00
Planner II 174.00 169.00 29,406.00
Planner III 196.00 110.00 21,560.00
Planner IV 211.00 20.00 4,220.00
Senior Planner II 255.00 4.00 1,020.00
Supervisor Planner I 272.00 24.00 6,528.00
Senior Supervisor Planner II 292.00 53.00 15,476.00
Principal 307.00 22.00 6,754.00
Task 7: Draft EIR 430.00 91,981.00 1,895.28 93,876.28
Vehicle Day Rate 90.00
Travel - Mileage 137.35
Record Search 348.00
Postage, Shipping, Delivery 651.75
Photocopies - Color 155.00
Photocopies - Black and White 7.50
Filing Fees & Newspaper Notices 754.00
Project Assistant 103.00 1.00 103.00
Production Specialist I 120.00 3.00 360.00
GIS/CADD Specialist II 167.00 5.00 835.00
Planner II 174.00 7.00 1,218.00
Senior Supervisor Planner II 292.00 10.00 2,920.00
Principal 307.00 1.00 307.00
Task 6: Notice of Preparation and Scoping Hearing 27.00 5,743.00 2,143.60 7,886.60 24-16347 Wildwood Residential Project Rate Hours Labor Budget Direct Expenses Total Budget
47 RINCON CONSULTANTS, INC.
24-16347 Wildwood Residential Project
Cost Estimate

Page 3 ends

Rate Escalation Allowance 0.00 0.00 606.00
Admin Assistant/Billing Specialist 107.00 12.00 1,284.00 Planner II 174.00 16.00 2,784.00
Senior Supervisor Planner II 292.00 80.00 23,360.00
Principal 307.00 8.00 2,456.00
Task 11: Project Management 116.00 30,490.00 0.00 30,490.00 Vehicle Day Rate 180.00
Travel - Mileage 241.20
Rate Escalation Allowance 0.00 0.00 370.00
Senior Planner II 255.00 4.00 1,020.00
Senior Supervisor Planner II 292.00 28.00 8,176.00
Principal 307.00 4.00 1,228.00
Task 10: Meetings and Hearings 36.00 10,794.00 421.20 11,215.20 Rate Escalation Allowance 0.00 0.00 189.00
Production Specialist I 120.00 1.00 120.00
Senior Supervisor Planner II 292.00 16.00 4,672.00
Principal 307.00 2.00 614.00
Task 9: Findings of Fact and Statement of
Overriding Considerations 19.00 5,595.00 0.00 5,595.00
Travel - Mileage 16.75
Filing Fees & Newspaper Notices 4,988.00
Rate Escalation Allowance 0.00 0.00 1,267.00
Project Total 1,040.00 242,777.50 9,499.63 252,277.13
24-16347 Wildwood Residential Project Rate Hours Labor Budget Direct Expenses Total Budget
Vehicle Day Rate 270.00
Travel - Mileage 512.55
Sound Level Field Monitoring Package 113.00
Record Search 348.00
Postage, Shipping, Delivery 1,442.58
Photocopies - Color 310.00
Photocopies - Black and White 7.50
Filing Fees & Newspaper Notices 6,496.00
Direct Expenses Subtotal 9,499.63
Direct Expenses Summary Amount
48 Rincon Consultants, Inc.

Effective January 1, 2024
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2024 – December 31, 2024 Senior Principal $319
Principal $307
Director $307
Senior Supervisor II $292
Supervisor I $272
Senior Professional II $255
Senior Professional I $238
Professional IV $211
Professional III $196
Professional II $174
Professional I $155
Associate III $130
Associate II $117
Associate I $109
Field Technician $94
Data Solutions Architect $196
Senior GIS Specialist $187
GIS/CADD Specialist II $167
GIS/CADD Specialist I $150
Technical Editor $147
Project Accountant $125
Billing Specialist $107
Publishing Specialist $120
Clerical $107
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.

Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.

Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
49 Rincon Consultants, Inc.

Effective January 1, 2024
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Submeter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
50 Rincon Consultants, INC

EXHIBIT B

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Consultant shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, or a City approved equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and in the aggregate.

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

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

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:

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

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement 51 Rincon Consultants, INC
or any other agreement relating to the City or its operations limits the application of such insurance coverage.

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

5. Consultant’s general liability policy shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

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

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

8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage by the carrier.

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

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

11. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. Consultant shall be responsible for paying any deductibles or self-insured retentions on its policies.

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

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 52 Rincon Consultants, INC

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

15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

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

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

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

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

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

21. Consultant agrees to be responsible for ensuring that no contract used between itself and its subconsultants reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
53 Applicant/Interested Party Campaign Contribution Disclosure Form 1644 Oak Street www.cityofsolvang.com -5575

APPLICANT/INTERESTED PARTY INFORMATION
Applicant Name:

Phone: Email (required):

Representative/Agent:

Phone: Email:

Mailing Address:

City: State: Zip:

Website:

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 no 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:
54 CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.a
Meeting Date: February 10, 2025
SUBJECT: Discussion and possible action to approve mid-year budget adjustments for fiscal year 2024/2025.

PREPARED BY: Wendy Berry, Administrative Service Director DISCUSSION: In order to maintain accuracy of the budget and update the City’s financial plan, it is important to review and revise it periodically (i.e., every six months) to ensure the budget reflects current revenues received and operating costs and trends. The purpose of this agenda item is to provide an opportunity for the City Council to review, approve, and/or make changes to staff’s recommended mid-year budget adjustments for Fiscal Year (FY) 2024/202.

The FY 2024/2025 proposed mid-year budget adjustments reflect: revenue projections and operating budgets adjustments.

The information below illustrates the net ongoing or one-time fiscal impact for each category, where negative amounts reflect additional costs or reduced revenues, and positive amounts reflect reduced costs or additional revenues.

Revenue Projections:

The following budget adjustments reflect updated revenue projections. Revenue estimates are on the conservative level to ensure financial stability and mitigate shortfalls. Staff projected the City would receive $4,753,000 in TOT revenue and through November TOT revenue collected is $3,137,638 which does not include December TOT not yet received.

Interest earned income comes from the City’s investments. The Interest income earned projected in all funds has exceeded the estimates. In General Fund alone, interest income was projected at $450,000 and as of December 31, the General Fund has received $414,232. It is important to note that the industry suggests the interest rates will drop slightly over the next 6 months.

General Fund (100) – Revenue and Expenditure Adjustments Council
• Increase in variable sheriff contract fees ($71,423)
Administration
• Increase in Interest income from investments $340,000. • Increase in TOT revenue $1,000,000.
• Increase in employee screening from continued hiring ($7,000).

Planning
• Increase in legal fees – General Plan, Zoning Code and Wildwood ($300,000).

Recreation
• Increase water and sewer fees for parks ($40,000).

Public Works – Engineering
• Increase in vehicle fuel ($2,000).
55 Public Works – Maintenance
• Increase in Supplies higher than anticipated ($5,000). • Increase in vehicle fuel ($3,000)
Public Works – Vets Hall
• Increase in utility costs from increase in rates and Senior Center usage ($7,000) • Increase water/sewer charges ($10,000)
Public Works – Parks, Parking Lots and Restrooms
• Increase in supplies due to increase in tourism ($23,000) • Increase in utility costs for increased usage ($8,000) • Increase in supplies from vandalism in bathrooms ($10,000) Measure U (207) – Revenue and Expense adjustments
Measure U
• Increase in Interest income from Investing $34,000
• Increase in electrical work for Solvang Park Julefest lighting ($150,000) Water Fund (500) – Revenue and Expenditure adjustments
Water
• Increase in Interest income from Investing $119,000.
• Increase in studies for cross connection ($96,821).
• Increase in repairs and maintenance, water leaks, flow sensor and recalibration of flow meters ($61,000). • Increase in electrical charges for pumping (100,000).

Wastewater Fund (501) – Revenue and Expenditure adjustments Sewer
• Increase in IT expenses ($5,000)
Fund Department Total
General Fund Council ($71,423)
General Fund Administration $1,173,000
General Fund Planning ($300,000)
General Fund Recreation ($40,000)
General Fund Public Works ($68,000)
Net General Fund $693,577
Fund Department Total
Net Measure U General ($116,000)
Fund Total
Net Water ($138,821)
56 Wastewater
• Increase in interest income from investments $51,000
• Increase in more OT than anticipated ($8,000)
• Increase in credit card processing fees. ($6,000)
Fund Total
Net Wastewater $32,000
Transit (502) – Revenue and Expenditure adjustments
• Increase in Interest Income $25,500
• Lease payments ($20,000)
Fund Total
Net Transit $5,500
Impact Fees (200) – Revenue adjustments
• Increase in Interest Income $29,750
Traffic Safety (201) – Revenue adjustments
• Increase in Interest Income $212.50
Gas Tax (202) – Revenue and Expenditure adjustments
• Increase in Interest Income $10,200
• Alisal Road Bridge Study ($23,323)
Fund Total
Net Gas Tax ($13,323)
Local transportation (203) – Revenue adjustments
• Increase in Interest Income $8,500
Measure A (204) – Revenue adjustments
• Increase in Interest Income $29,750
Skytt Mesa (205) – Revenue adjustments
• Increase in Interest Income $8,500
Vehicle Pool (600) – Revenue adjustments
• Increase in Interest Income $21,250
If City Council approves the listed budget adjustments, the change to the fund balances are listed below:
57 General Fund Measure U Water
100 207 500
Unrestricted Fund Balance as of 6/30/24 $ 13,229,896 $ 2,535,097 $ 8,303,826 FY 24-25 (Adopted)
+Revenues $ 10,932,272.00 $ 1,780,000.00 $ 5,994,222.00 -Expenditures $ 10,620,348.87 $ 2,700,000.00 $ 5,711,007.05 Capital Expenses $ 1,067,100.44 $ 3,710,260.61
Projected Fund Balance as of 6/30/25 $ 12,474,718.77 $ 1,615,096.92 $ 4,876,780.34 Budget Adjustments $ 693,577.00 $ (116,000.00) $ (138,821.00) Updated Fund Balance as of 6/30/25 $ 13,168,295.77 $ 1,499,096.92 $ 4,737,959.34 FUND
Wastewater Transit Gov't. Impact Fees
501 502 200
Unrestricted Fund Balance as of 6/30/24 $ 1,978,827 $ 1,727,711 $ 1,664,759 FY 24-25 (Adopted)
+Revenues $ 2,886,923.00 $ 2,238,303.00 $ 58,595.00
-Expenditures $ 2,839,778.00 $ 1,312,181.00 $ 10,000.00 Capital Expenses $ 2,029,667.90 $ 1,802,000.00
Projected Fund Balance as of 6/30/25 $ (3,695.90) $ 851,833.00 $ 1,713,354.00 Budget Adjustments $ 32,000.00 $ 5,500.00 $ 29,750.00
Updated Fund Balance as of 6/30/25 $ 28,304.10 $ 857,333.00 $ 1,743,104.00 FUND
Traffic Safety Gas Tax Local Transportation
201 202 203
Unrestricted Fund Balance as of 6/30/24 $ 5,044 $ 236,391 $ 499,577 FY 24-25 (Adopted)
+Revenues $ 5,050.00 $ 321,968.00 $ 98,663.00
-Expenditures $ 5,050.00 $ 118,122.00 $ 35,000.00
Capital Expenses $ 372,626.67
Projected Fund Balance as of 6/30/25 $ 5,044.00 $ 67,610.33 $ 563,240.00 Budget Adjustments $ 212.50 $ (13,123.20) $ 8,500.00
Updated Fund Balance as of 6/30/25 $ 5,256.50 $ 54,487.13 $ 571,740.00 FUND
58 Proposed Budget Amendments Net Change:

Net Total Budget Adjustments By Fund
Fund Total
General Fund $693,577
Measure U ($116,000)
Water ($138,821)
Wastewater $32,000
Transit $5,500
Impact Fees $29,750
Traffic safety $212.50
Gas Tax ($13,123)
Local Transportation $8,500
Measure A $29,750
Skytt Mesa $8,500
Vehicle Pool $21,250
ALTERNATIVES:

The City Council could recommend amendments to the proposed budget adjustments.

FISCAL IMPACT:

If all the proposed budget adjustments are approved, at the end of FY 24/25 the General Fund’s unassigned fund balance is projected to be $13,168,296, Measure U $1,499,097, Water $4,737,959, Wastewater $28,304, Transit $857,333, Impact Fee $1,743,104, Traffic Safety $525,650, Gas Tax $54,487, Local Transportation $571,740, Measure A $1,039,065, Skytt Mesa $509,789 and Vehicle Pool $1,399,856.

ATTACHMENTS:

A. Budget Adjustment #25-02 thru 25-14
B. Transient Occupancy Tax
Measure A Skytt Mesa Vehicle Equipment Pool
204 205 600
Unrestricted Fund Balance as of 6/30/24 $ 1,525,242 $ 507,545 $ 1,242,437 FY 24-25 (Adopted)
+Revenues $ 520,374.00 $ 228,524.00 $ 193,169.00
-Expenditures $ 123,000.00 $ 234,780.00 $ 57,000.00
Capital Expenses $ 913,300.56
Projected Fund Balance as of 6/30/25 $ 1,009,315.29 $ 501,289.00 $ 1,378,606.00 Budget Adjustments $ 29,750.00 $ 8,500.00 $ 21,250.00
Updated Fund Balance as of 6/30/25 $ 1,039,065.29 $ 509,789.00 $ 1,399,856.00 FUND
59 City of Solvang
Budget Adjustment Request
Agenda
Item MO/YR Number

8.a 2/10/25 25-02
Fund: 100 General Fund
Decrease/
Increase Account/ Project Name Fund Dept Prog. Object Description Current
Budget AMOUNT Revised Budget
Decrease Increase
Increase Tot Revenue 100 1100 120 30001 TOT Revenue 4,753,000 1,000,000 5,753,000 Increase Interest Income 100 1100 120 42001 Interest income 450,000 340,000 790,000 $ 5,203,000 $ - $ 1,340,000 $ 6,543,000
Total Revenues Increase (Decrease) $ 1,340,000
Decrease/
Increase Account/ Project Name Fund Dept Prog. Object Description Current
Budget AMOUNT Revised Budget
Decrease Increase
Increase
Law Enforcement
Contract 100 1000 130 56006 Law Enforcement Contract 1,493,503 71,423 1,564,926 Increase Employee Screening 100 1100 120 51010 Employee Screening 40 7,000 7,040 Increase Legal Fees 100 1100 120 57012 Legal Fees - South Coast Prop 250,000 160,000 410,000 Increase Legal Fees 100 1200 200 57012 Legal Fees -Zoning, Gen Plan , 54,000 300,000 354,000 Increase
Water and Sewer
Charges 100 1300 310 55002
Water and Sewer
Charges - HCA 33,000 15,000 48,000
Increase
Water and Sewer
Charges 100 1300 320 55002
Water and Sewer
Charges - Sol Park 26,000 10,000 36,000
Increase
Water and Sewer
Charges 100 1300 330 55002
Water and Sewer
Charges - Sunny Fields 25,000 15,000 40,000
$ 1,881,543 $ - $ 578,423 $ 2,459,966
Total Expense Increase (Decrease) $ 578,423
Date: 2-10-25
Date
Date: 2-10-25
Date
Revenue Adjustments
Expense Adjustments
EXPLANATION: