Agenda packet — Solvang City Council, August 10, 2026 (part 3 of 3)

AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND

CITY OF SOLVANG
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta, a municipal corporation (“GOLETA”) and City of Solvang (“SOLVANG”) dated June 23, 2025 (“Agreement,” Agreement No. 2025-072) is made on this ____ day of _________, 2026.

SECTION A. RECITALS

1. This Agreement is for the Provision of Library Management Services at the Solvang Library; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $293,400; and

3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $25,765 for continued tasks and to reclassify the Supervising Library Technician to a professional Librarian II position; and

4. The City Council approved this Amendment No. 1, on this ________ day of _______, 2026.

SECTION B. AMENDED TERMS
Now therefore GOLETA and SOLVANG agree that the Agreement be, and hereby is, amended as follows:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $25,765 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to GOLETA by SOLVANG for the services under this AGREEMENT SHALL NOT EXCEED the sum of $319,165 (herein "not-to-exceed amount").

2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

Docusign Envelope ID: 3B1766FA-D230-82B3-8091-A7DF3C15DA59 3 City of Goleta
Amendment No. 1 to Agreement No. 2025-072

Page 2 of 2 ends

In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CITY OF SOLVANG
____________________________ ______________________________ Robert Nisbet, City Manager Randy Murphy, City Manager
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Annamarie Porter, City Clerk
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
Docusign Envelope ID: 3B1766FA-D230-82B3-8091-A7DF3C15DA59 4 CITY COUNCIL STAFF REPORT
AGENDA ITEM: 8.e
MEETING DATE: August 10, 2026
SUBJECT: Approve Resolution No. 26-1333 Accepting the Alamo Pintado Road Rehabilitation Project as Complete and Authorizing the City Manager to Execute the Notice of Completion for Same
PREPARED BY: Bridget Paris, Public Works Director / City Engineer DISCUSSION:

The City of Solvang advertised the Alamo Pintado Road Rehabilitation Project for public bid on 01/16/2026. In addition to the base bid for the rehabilitation of Alamo Pintado Road, the project included four additive alternate bid schedules that were ultimately awarded as part of the construction contract. These alternates included pavement rehabilitation work along Alisal Road, within the Alisal Glen neighborhood, and in the vicinity of Solvang School.

The project was originally bid in the fall of 2025. Based on the bids received, the City Council approved a total project budget of $3,687,000.00, which included construction, construction engineering, surveying, inspection, monument preservation, and a 10 percent construction contingency. Following rebid in the spring of 2026, bids came in significantly lower than anticipated, allowing the City to award the base bid and all four additive alternates while remaining within the approved project budget.

On 03/23/2026, the City Council awarded the construction contract to CalPortland Construction in the amount of $2,912,000.00. Construction began on 04/20/2026 and was substantially completed on 07/15/2026 with an overall construction duration of approximately 60 working days.

Table 1: Project Budget
Item Amount
Base Bid (Alamo Pintado Road) $1,688,128.80
Additive Alternate No. 1 $289,488.30
Additive Alternate No. 2 $381,815.50
Additive Alternate No. 3 $344,282.10
Additive Alternate No. 4 $208,285.30
Construction Contract Subtotal $2,912,000.00
Construction Contingency (10%) $291,200.00
Monument Preservation $54,763.00
Construction Engineering, Inspection & Oversight $289,035.00 Total Anticipated Project Cost $3,546,998.00
1 The project included pavement rehabilitation along Alamo Pintado Road from the City’s northern limits to the Viborg Road intersection. Work included full-depth pavement repairs followed by a two-inch asphalt overlay from gutter to gutter. Additional improvements included reconstruction of ADA-compliant curb ramps, replacement of deteriorated cross gutters, enlargement of the catch basin at the northeast corner of Viborg Road to improve drainage capacity, and updated pavement markings and bicycle lane striping consistent with current traffic engineering standards.

Additional pavement repairs were completed along Alisal Road and various neighborhood streets throughout the City. Select roadways received localized dig-out repairs and a three-quarter-inch leveling course in preparation for the City’s upcoming slurry seal program. The dig-out repairs restored the structural integrity of deteriorated pavement areas, while the leveling course corrected surface irregularities and provided a uniform pavement surface prior to the future slurry seal application.

Some residents questioned why only isolated pavement repairs were completed in these neighborhoods.

Staff would like to clarify that these repairs were intentionally completed as part of a larger pavement management strategy. The localized dig-out repairs addressed areas where the existing pavement had deteriorated and required structural repair, while the leveling course prepared the roadway surface for the upcoming slurry seal and restriping project.

During construction, only minor contract modifications were required, including quantity adjustments and field changes such as the removal of an abandoned utility box near the Alisal Bridge. Due to the quality and completeness of the design documents, detailed project specifications, effective construction management, and thorough inspection throughout the project, change orders to the original proposed work were minimal, which allowed additional work to be completed that maximized the value of the contract and stayed within the approved contingency.

The project team utilized remaining contingency funds to address additional pavement needs, including structural pavement dig-out repairs on Fredensborg Canyon Road and Oak Street, as well as a skin patch on Chalk Hill Road. The dig-out repairs on Fredensborg Canyon Road and Oak Street addressed areas where the pavement section had deteriorated and required removal and replacement to restore structural integrity. The Chalk Hill Road skin patch was completed as a preservation measure to help maintain the roadway condition until a more comprehensive rehabilitation project, currently programmed for 2029, can be completed.

These additional improvements were made possible through efficient project management, quality construction, and effective coordination between the contractor, engineers, inspectors, and City staff, allowing the City to maximize the use of available contingency funds.

Table 2: Final Project Costs
Item Amount
Original Contract Amount $2,912,000.00
Change Order No. 1 – Field Directive #1 -$25,234.00
Change Order No. 2 – Added Dike at 1647 Oak Street $2,950.00 Change Order No. 3 – Added Digouts in Alternate 3 on Fjord Road $11,375.00
Change Order No. 4 – Field Directive #2 $117,600.00
2 Change Order No. 5 – Alisal Road Manhole Collar Replacements $1,589.95 Change Order No. 6 – Fredensborg Canyon Road Structural DigOut Repairs $49,000.00 Change Order No. 7 – Chalk Hill Road Skin Patch $49,845.00 Change Order No. 8 – Oak Street Structural Dig-Out Repairs $197,000.00 Change Order No. 9 – Various Extra Work $34,441.81
Change Order No. 10 – Extra Striping $7,349.10
Change Order No. 11 – Balancing Change Order -$236,300.43 Final Construction Contract Amount $3,121,616.43
Monument Preservation $54,763.00
Construction Engineering, Inspection & Oversight $289,035.00 Total Final Project Cost $3,465,414.43
The project was substantially completed on 07/15/2026 by CalPortland Construction. Acceptance of the project and recording of the Notice of Completion will officially conclude the construction phase, initiate the applicable warranty period, and allow for release of retention 30 days following City Council acceptance and recordation of the Notice of Completion with the Santa Barbara County Clerk-Recorder.

Staff recommends acceptance of the project and wishes to recognize the efforts of CalPortland Construction and their subcontractors, Pavement Engineering Inc for consulting engineering service and construction management, BKF Engineers for monument preservation services, and City staff for the successful completion of one of the City’s largest pavement rehabilitation projects to date.

RECOMMENDED MOTION
I move that the City Council adopt Resolution No. 26-1333 to accept the Alamo Pintado Road Rehabilitation Project as complete, authorize the City Manager to execute the Notice of Completion, and direct the City Clerk to record the Notice of Completion with the Santa Barbara County Clerk-Recorder.

ALTERNATIVES
Continue the item and direct staff to address any outstanding issues identified by the City Council prior to acceptance.

FISCAL IMPACT
The project was completed within the City Council-approved project budget of $3,687,000.00. The anticipated project cost following award was $3,546,998.00, which was approximately $140,002.00 below the approved project budget.

The final project cost is $3,465,414.43, including a final construction contract amount of $3,121,616.43, which includes approved change orders totaling $209,616.43. Funding for the 3 project was provided through the City’s adopted Capital Improvement Program utilizing Road Maintenance and Rehabilitation Account (RMRA/SB 1), Measure A, and Measure U funds.

ATTACHMENTS

1. Notice of Completion

2. Resolution No. 26-1333

3. Project Location Map

4. Project Photographs
4 Recording Requested by:

City of Solvang
When Recorded, mail to:

City of Solvang
City Clerk
1644 Oak Street
Solvang, CA 93463
No fee pursuant to Government Code 6103
No Documentary transfer Tax per R&T Code 11922
No Recording Fee per Government Code 27383

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is City of Solvang.

3. The full address of the owner is 1644 Oak Street, Solvang CA 93463.

4. The nature of the interest or estate of the owner is: in fee.

5. A work of improvement on the property hereinafter described was substantially completed July 15th, 2026. The project name is Alamo Pintado Pavement Rehabilitation Project. The work completed is described as follows:

Concrete curb ramps, concrete spandrels and cross gutter, catch basin expansion, localized digout repairs, pavement resurfacing, traffic control, placement of traffic striping, markings and markers and related work.

6. The name of the contractor for such work of improvement was CalPortland Construction, PO Box 847409, Los Angeles, CA 90084

7. The property on which said work of improvement was completed is Alamo Pintado Road, Alisal Road, Aars, Molle Way, Odby Park Way, Soro, Second Street, First Court, First Street, Fjord Drive, Glen Way, Hickory Way, Ironwood Way, Juniper Drive, Manzanita Drive, Pepperwood Way, Sandalwood Way, Elm Avenue, Fifth Street, Fourth Place, Laurel Avenue, Fredensborg Canyon Road, Chalk Hill Road, and Oak Street in the City of Solvang, County of Santa Barbara, State of California.

Dated: 07/31/2026 5
Bridget Paris, PE, Public Works Director / City Engineer, City of Solvang _______________________________________________________________________

VERIFICATION
I, the undersigned state: I am the City Manager of the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on __________________, 2026, at ________________________, California (Date of Signature) (City where signed)
___________________________________________
Randy Murphy, City Manager, City of Solvang
Accepted by the Solvang City Council on ________________________ (Date Accepted)
6 R 26-1333 Alamo Pintado Pavement Rehabilitation Project RESOLUTION NO. 26-1333

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG CALIFORNIA

ACCEPTING COMPLETION OF THE ALAMO PINTADO PAVEMENT REHABILITATION

PROJECT
PROJECT NO XXXXXX.

WHEREAS, the Alamo Pintado Pavement Rehabilitation Project (the “Project”) was initiated to address pavement rehabilitation needs on various roads throughout the City; and WHEREAS, the Project included work on concrete curb ramps, concrete spandrels and cross gutter, catch basin expansion, localized digout repairs, pavement resurfacing, traffic control, placement of traffic striping, markings and markers and related work; and WHEREAS, CalPortland Construction was the contractor for the Project; and WHEREAS, work on the Project was finished on July 15, 2026; and WHEREAS, a project for a public agency is considered complete upon the public agency’s acceptance of the project; and
WHEREAS, the City desires to accept completion of the Project and close out the project by filing a Notice of Completion and releasing the applicable retention in accordance with state law.

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

SECTION 1. That the City Council of the City of Solvang adopts as findings the recitals set forth above.

SECTION 2. That the City Council of the City of Solvang accepts the work performed by CalPortland Construction for the Alamo Pintado Pavement Rehabilitation Project (Project No.

XXXXXX) as complete.

SECTION 3. That the City Council of the City of Solvang authorizes the City Manager to execute the Notice of Completion, directs the City Clerk to file a Notice of Completion with the County Recorder’s Office within 15 days of the date of this resolution.

SECTION 4. That, provided no claims have been filed during the applicable time period, the City Council of the City of Solvang authorizes the release of retention in accordance with the contract terms and applicable law.

SECTION 5. That this resolution shall be effective upon adoption.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions. 7 R 26-1333 Alamo Pintado Pavement Rehabilitation Project PASSED, APPROVED, AND ADOPTED on this 10th day of August, 2026. ______________________________
David Brown, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 8 R 26-1333 Alamo Pintado Pavement Rehabilitation Project 9 R 26-1333 Alamo Pintado Pavement Rehabilitation Project

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 26-1333 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 10th day of August 2026, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
10 SOLVANG Pavement Engineering Inc. You can ride on our reputation Corporate Office: 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401 805.781.2265 VICINITY MAPNTS CITY OF SOLVANG ALAMO PINTADO ROAD PAVEMENT REHABILITATION PROJECT BASE BID ALAMO PINTADO ROAD BASE BID

MISSION DRIVE ALISAL ROAD

FIRST STREET

ELVERHOY WAY OAK STREET

FIFTH STREET

COPENHAGEN DRIVE
ATTERDAG ROAD ALISAL ROAD BID ALTERNATE 1 FJORD DRIVE
SOLVANG MESA ROAD FREDENSBORG CANYON ROAD CHALK HILL ROAD Pavement Engineering Inc. You can ride on our reputation Corporate Office: 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401 805.781.2265 VICINITY MAPNTS CITY OF SOLVANG ALAMO PINTADO ROAD PAVEMENT REHABILITATION PROJECT BID ALTERNATE 1 & CHANGE ORDER WORK NO. 5 ALISAL ROAD CONSTRUCTION CHANGE ORDER NO. 5 AARS BID ALTERNATE 2 ODBY BID ALTERNATE 2 SECOND STREET BID ALTERNATE 2 MOLLE WAY BID ALTERNATE 2 PARK WAY BID ALTERNATE 2 SORO BID ALTERNATE 2 MISSION DRIVE ALISAL ROAD

FIRST STREET

ELVERHOY WAY OAK STREET

FIFTH STREET

COPENHAGEN DRIVE

ATTERDAG ROAD

FJORD DRIVE
SOLVANG MESA ROAD FREDENSBORG CANYON ROAD CHALK HILL ROAD Pavement Engineering Inc. You can ride on our reputation Corporate Office: 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401 805.781.2265 VICINITY MAPNTS CITY OF SOLVANG ALAMO PINTADO ROAD PAVEMENT REHABILITATION PROJECT BID ALTERNATE 2 FJORD DRIVE BID ALTERNATE 3 SANDALWOOD WAY BID ALTERNATE 3 IRONWOOD WAY BID ALTERNATE 3 HICKORY WAY BID ALTERNATE 3 FIRST STREET BID ALTERNATE 3 FIRST COURT BID ALTERNATE 3 MANZANITA DRIVE BID ALTERNATE 3 GLEN WAY BID ALTERNATE 3 JUNIPER DRIVE BID ALTERNATE 3 FIRST STREET BID ALTERNATE 3 GLEN WAY BID ALTERNATE 3 MISSION DRIVE ALISAL ROAD FIRST STREET ELVERHOY WAY OAK STREET

FIFTH STREET

COPENHAGEN DRIVE

ATTERDAG ROAD
FJORD DRIVE PEPPERWOOD WAY BID ALTERNATE 3 SOLVANG MESA ROAD FREDENSBORG CANYON ROAD CHALK HILL ROAD Pavement Engineering Inc. You can ride on our reputation Corporate Office: 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401 805.781.2265 VICINITY MAPNTS CITY OF SOLVANG ALAMO PINTADO ROAD PAVEMENT REHABILITATION PROJECT BID ALTERNATE 3 & CHANGE ORDER WORK NO. 3 FJORD DRIVE CONSTRUCTION CHANGE ORDER NO. 7

MISSION DRIVE ALISAL ROAD

FIRST STREET

ELVERHOY WAY OAK STREET

FIFTH STREET

COPENHAGEN DRIVE

ATTERDAG ROAD

FJORD DRIVE
SOLVANG MESA ROAD FREDENSBORG CANYON ROAD CHALK HILL ROAD Pavement Engineering Inc. You can ride on our reputation Corporate Office: 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401 805.781.2265 VICINITY MAPNTS CITY OF SOLVANG ALAMO PINTADO ROAD PAVEMENT REHABILITATION PROJECT BID ALTERNATE 4 FIFTH STREET BID ALTERNATE 4 FOURTH STREET BID ALTERNATE 4 FOURTH STREET BID ALTERNATE 4 LAUREL AVENUE BID ALTERNATE 4 ELM AVENUE BID ALTERNATE 4

MISSION DRIVE ALISAL ROAD

FIRST STREET

ELVERHOY WAY OAK STREET

FIFTH STREET

COPENHAGEN DRIVE

ATTERDAG ROAD

FJORD DRIVE
SOLVANG MESA ROAD FREDENSBORG CANYON ROAD CHALK HILL ROAD Pavement Engineering Inc. You can ride on our reputation Corporate Office: 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401 805.781.2265 CHALK HILL ROAD CONSTRUCTION CHANGE ORDER NO. 7 FREDENSBORG CANYON ROAD CONSTRUCTION CHANGE ORDER NO. 6 OAK STREET CONSTRUCTION CHANGE ORDER NO. 8 VICINITY MAPNTS CITY OF SOLVANG ALAMO PINTADO ROAD PAVEMENT REHABILITATION PROJECT CONSTRUCTION CHANGE ORDER WORK ALISAL ROAD Alamo Pintado Road
Above and below is one of the Curb Ramp that was removed and replaced at the intersection of Alamo Pintado and Viborg Road.
17 Above and below is the intersection of Alamo Pintado Road and Viborg Road the middle of having the second lift placed.
18 Above and below is the intersection of Alamo Pintado Road and Viborg Road after the tra2ic striping, was completed facing north and west respectively. The work on Alamo Pintado Road involved rehabilitation, lifting man holes, and pavement markings. 19 Above and below is the intersection of Alamo Pintado Road and Viborg Road after the tra2ic stripping was completed facing south and east. The work on Alamo Pintado Road involved rehabilitation, lifting man holes, and pavement markings. 20 Above and below is the before and after of Alamo Pintado Road at the intersection of Creekside Drive facing south. The work on Alamo Pintado Road involved rehabilitation, lifting man holes, and pavement markings.
21 Above and below is the before and after of Alamo Pintado Road at the intersection of Creekside Drive facing North. The work on Alamo Pintado Road involved rehabilitation, lifting man holes, and pavement markings.
22 Alisal Road
Above and below is Alisal Road just south of Elverhoy Way. Dig out repairs, lifting of manholes, and pavement markings were done.
23 Above and below is Alisal Road, at the intersection of Juniper Drive, facing North, before and after the striping was done. Dig out repairs, lifting of manholes, and pavement markings were done.
24 Alisal Glen Neighborhood
Above and below is the drum roller compacting the second and first lift of asphalt on Juniper Drive respectively.
25 Above is the asphalt paver and CalPortland’s crew’s working the freshly placed second lift of asphalt.

Below is the same patch after the work was completed.
26 Above and below is Glen Way, taken from Juniper Drive and Fjord Drive, before and after, the leveling course was applied.
27 Above and below is Fjord Drive at the intersection Ironwood Way. Before and after the pavement markings; which just had a leveling course applied. 28 Above and below is Fjord Drive at the intersection of First Street facing west and east respectively. Dig out repairs, a leveling course, lifting of manholes, and pavement markings were done
29 Above is a dig out repair at 144 First Street.

Below is the same dig out repair having the first lift compacted. 30 Above is the same dig out repair having the second lift being worked by Cal Portland Crew’s.
31 Down Town Alleys
Above is Molle Way at the intersection of Soro. Below is Molle Way at the intersection of First Street.

Both had dig out repairs, manhole raising and pavement markings. 32 Above is Molle Way at the intersection of Alisal Road. Below is Park Way between Alisal Road and First Street.

Both had dig out repairs, manhole raising and pavement markings. 33 Above is Park Way at the between First Street and Mission Drive. Below is Odby between Elverhoy Way and Oak Street.

Both had dig out repairs, manhole raising and pavement markings. 34 Above Odby between Oak Street and Molle Way.

Both had dig out repairs, manhole raising and pavement markings. 35 Solvang School Area
Above and below is Elm Avenue at the intersection of Fourth Place. A leveling course, man hole raising and pavement markings were done.
.
36 Above and below is Elm Avenue at the intersection of Fourth Place. A leveling course, man hole raising and pavement markings were done.
37 Above is Elm Avenue at the intersection of Fourth Place. Below is Elm Avenue at the intersection of Atterdag Road. Both had a leveling course, man hole raising and pavement markings were done.
38 Above is Laurel Avenue at the intersection of Atterdag Road. Dig out repairs, man hole raising and pavement markings were done.
39 Chalk Hill Road
Above and below is Chalk Hill Road. A leveling course, lifting of manholes, and pavement markings were done.
40 Above and below is Chalk Hill Road. A leveling course, lifting of manholes, and pavement markings were done
41 Above and below is Chalk Hill Road. A leveling course, lifting of manholes, and pavement markings were done
42 Oak Street and Second Street Intersection
Above is CalPortland’s Crews in the process of laying down the second lift of asphalt.

Below is the intersection completed. This includes pavement markings, manhole lifting, and rehabilitation.
43 Oak Street
Above and below is the completed work on Oak Street at the intersection of Second Street facing west and east respectively. This includes pavement markings, and dig out repairs. 44 Above and below is the completed work on Oak Street going west of Second Street. Dig out repairs and pavement markings were done.
45 Oak Street and First Street intersection
Above and below is Oak Street at and just east of First Street respectively. Dig out repairs and pavement markings were done.
46 CITY COUNCIL STAFF REPORT
AGENDA ITEM: 8.f
MEETING DATE: August 10, 2026
SUBJECT: Consider Adoption of Resolution No. 26-1330 Approving Purchase of 478 4th Place (APN 139-173-014) and Related Appropriation of Funds PREPARED BY: Chelsea O'Sullivan, City Attorney
DISCUSSION:

The property at 478 4th Place in Solvang is the site of the former Sear Steakhouse. The building and improvements burned down in 2024 and the site has since been cleared of debris and improvements.

The property is also located adjacent to an existing parking facility, parking lot 3, and therefore presents a unique opportunity to expand the City’s downtown parking facilities.

The owner of the property, CRA Solvang RE LLC, has offered to sell the property to the City. As of the writing of this staff report the purchase price and terms are still under negotiation. If acquired, the City would use the property as a public parking lot. Certain improvements, described in Attachment C, are needed to develop the property as a parking lot. The Council may consider whether such improvements would be performed by Seller as a condition of the sale or whether the improvements would be done after acquisition. Selection of a contractor or approval for such work is not part of the decision before Council this evening.

Option 1 Key Term -- Improvements after acquisition
• Purchase Price: $625,000
• Escrow Deposit: Two $3,000 installments, credited to the purchase price • Independent Consideration: $10
Option 2 Key Terms -- Improvements as a condition of sale • Purchase Price: $725,000
• Escrow Deposit: Two $50,000 installments, credited to the purchase price • Independent Consideration: $10
• Require clearing, grading and paving the site to City specifications as a condition of closing and agreement to pay prevailing wages for such work
On June 1, 2026, the Planning Commission considered and made a determination that the acquisition of 478 4th Place for a public parking lot is consistent with the City’s General Plan. Planning Commission Resolution 26-08 is included as Attachment B.

City staff recommends the City Council adopt Resolution No. 26-1330, Attachment A, as amended to specify a purchase price and escrow deposit acceptable to Council and, if consistent with Council’s wishes, address the timing of the needed improvements. Adopting the Resolution would authorize the City Manager to execute a purchase and sale agreement in a form acceptable to the City Attorney and take other necessary actions to acquire the property at 478 4th Place. 1 Staff further recommends the City Council appropriate sufficient funds to cover the purchase price and independent consideration for the transaction. There is $100,000 of Measure U Funds that could be used for this purchase. There are $15,000 in Parking-In-Lieu funds that could be used for this purchase.

Other funds would come from the General Fund.

RECOMMENDED MOTION:

Motion 1: “I move to adopt Resolution No. 26-1330 as amended to reflect [Option 1 or Option 2].

Motion 2: “I move the Council appropriate $____________________ of Measure U Funds, ____________________ in Parking –In-Lieu funds and ______________ in General Fund monies, for a total of $______________________, for the acquisition of real property located at 478 4th Place, Solvang CA (APN 139-173-014) and authorize the City Manager and Administrative Services Director to make the appropriate budget adjustments.”
ALTERNATIVES:

Decline to authorize acquisition of 478 4th Place, Solvang CA.

FISCAL IMPACT:

The amount of the purchase price plus any independent consideration and additional monies for costs and staff time.

ATTACHMENTS:

A. Resolution No. 26-1330
B. Planning Commission Resolution 26-08 (General Plan Consistency) C. Improvement Specifications
2 R 26-1330 478 4th Pl
RESOLUTION NO. 26-1330

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA

AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT TO ACQUIRE REAL PROPERTY LOCATED AT 478 4TH PLACE, SOLVANG CA (APN 139-173- 014) AND FINDING SUCH ACQUISITION CATEGORICALLY EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the real property located at 478 4th Place, Solvang CA (APN 139-173-014) (the Property) is owned by CRA Solvang RE LLC and currently vacant; and WHEREAS, the Property is located adjacent to an existing City parking facility; and WHEREAS, the City desires to acquire the Property for development as an additional parking facility.

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

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

SECTION 2. The acquisition of the Property is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility the acquisition action will have a significant effect on the environment and/or pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land) and 15311 (Accessory Structures) because the site will be improved for use as a small parking facility adjacent to an existing City parking facility.

SECTION 3. The City Council hereby approves the purchase and sale of the real property located at 478 4th Place, Solvang CA (APN 139-173-014) for [Option 1: a purchase price together with independent consideration not to exceed $625,010 and two escrow deposits of $3,000 each credited toward the purchase price.][Option 2: a purchase price together with independent consideration not to exceed $725,010, two escrow deposits of $50,000 each credited toward the purchase price, provided the Seller, as a condition of closing and in conformance with applicable prevailing wage requirements, clears, grades and paves the site to City specifications.] SECTION 4. The City Council hereby authorizes the City Manager to execute, on behalf of the City of Solvang, a purchase and sale agreement between the City, as Buyer, and CRA Solvang RE LLC, as Seller, in a form acceptable to the City Attorney and reflecting the terms set forth in Section 3, and to take all necessary and appropriate actions to acquire the Property, including to sign any and all escrow documents or other associated documents and authorize payment of any escrow fees, closing costs and other transaction related expenses necessary to complete the transaction.

SECTION 4. This Resolution is effective immediately upon adoption. 3 R 26-1330 478 4th Pl
SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 10th day of August, 2026 _________________________________
David Brown, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 4 R 26-1330 478 4th Pl
5 R 26-1330 478 4th Pl

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 26-1330 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 10th day of August, 2026, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Annamarie Porter, City Clerk
6 R 26-1330 478 4th Pl
7 R 26-1330 478 4th Pl
Exhibit “A”
Purchase and Sale Agreement between the City, as buyer, and CRA Solvang RE LLC, as Seller to acquire 478 4th Place, Solvang California
8 Docusign Envelope ID: 5826O019 - 4E29 - 85F8 - 833F - 9044O7168508 RESOLUTION NO. 26- 08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOLVANG, CALIFORNIA, DETERMINING THE PROPOSED ACQUISITION OF PROPERTY LOCATED AT 478 4TH PLACE TO

BE IN CONFORMANCE WITH THE CITY OF SOLVANG' S GENERAL PLAN AND DETERMINING THAT THE ACTION DOES NOT CONSTITUTE A " PROJECT" UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the Planning Commission of the City of Solvang conducted a public meeting in the City Council Chambers, 1644 Oak Street, Solvang, California, on June 1, 2026, for the purpose of considering General Plan conformity related to the proposed acquisition of property located at 478 4th Place; and
WHEREAS, the City of Solvang, as a local agency that has an adopted General Plan, must submit the proposed acquisition to its Planning Commission for a General Plan conformity determination, as required in association with the acquisition of real property under California Government Code Section 65402; and
WHEREAS, notices of said public meeting were made at the time and in the manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing.

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

SECTION 1. Findings. Based upon all the evidence, the Planning Commission makes the following findings:

1. The proposed acquisition of the property located at 478 4th Place is consistent with the General Plan Land Use Element, including Goals LU- 1 and LU- 4and Policies LU- 1.4, LU- 1.5, and LU- 4.1, because the acquisition would facilitate public parking serving surrounding commercial, entertainment, and visitor -serving uses within the Village Core and support the Village Area as the City' s principal tourist attraction and center for tourist - related activity.

2. The proposed acquisition of the property located at 478 4th Place is consistent with the General Plan Economic Development Element, including Goal ED -1 and Policy ED -1. 6, because the addition of public parking within the Village Area would improve access to downtown businesses and visitor destinations, support economic activity, and enhance the visitor -serving environment within the Village Center.

3. The proposed acquisition of the property located at 478 4th Place is consistent with the General Plan Mobility Element, including Goals MOB -1, MOB -3, and MOB -5 and Policies MOB - 1.8, MOB - 3.1, and MOB - 3., because the acquisition would provide the City with an opportunity to address parking demand within the Village Area, improve visitor and resident access and circulation within the downtown area, and potentially reduce spillover parking impacts on nearby residential neighborhoods.

SECTION 2. Environmental Review. The proposed acquisition does not constitute a " project" under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378( b)( 5) because the action to determine the proposed acquisition consistent with the General Plan is an organizational or administrative activity of government that will not result in a direct or reasonably foreseeable physical change in the environment. The proposed action does not commit the City to acquisition of the property or any specific R 26- 08 General Plan Conformity
9 Docusign Envelope ID: 5826C019 - 4E29 - 85F8 - 833F - 9044C7168508 development project or physical alteration of the site. In addition, any decision to acquire the property by City Council is exempt from CEQA pursuant to CEQA Guidelines Section 15061( b)( 3), because it can be seen with certainty that there is no possibility the acquisition action will have a significant effect on the environment and pursuant to CEQA Guidelines Section 15304 ( Minor Alterations to Land) and 15311 ( Accessory Structures) because the site will be improved for use as a small parking facility adjacent to an existing City parking facility.

SECTION 3. Action. The Planning Commission does hereby find and report that the proposed acquisition
General Plan
of the
pursuant
property
to California
located at
Government
478 4th Place
Code
is in
section
conformance
65402.
with the City of Solvang' s
PASSED, APPROVED, AND ADOPTED on this 1st day of June, 2026.

Signed by:
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01@D75271602157
Jack Williams, Chair
APPROVED AS TO FORM: ATTEST:

Signed by:

C92E63702EAB494_..

Taylor Foland, City Attorney
DocuSigned by:
fir
2EG' ' E62C12196_.

Annamarie Porter, City Clerk
R 26- 08 General Plan Conformity
10 Docusign Envelope ID: 5826O019 - 4E29 - 85F8 - 833F - 9044O7168508

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss

CITY OF SOLVANG
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 26- 08 was passed and adopted by the Planning Commission of the City of Solvang at a regular meeting of said Planning Commission held on the 1st day of June 2026, and thereafter signed and approved by the Chair and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES: ADLER, WILLIAMS, ZIGGLE
NOES: NONE
ABSTAIN: NONE
ABSENT: PETERSEN, SPARKS- GILLIS
DocuSigned by:
2tAlAzumalrtt. POirtGle
2EFC6CE62C 12406...

Annamarie Porter, City Clerk
R 26- 08 General Plan Conformity
11 N

THIS DRAWING IS FOR REFERENCE USE ONLY

CITY OF SOLVANG
(APN 139-173-014)
1644 Oak Street 1 2

CITY OF SOLVANG
Solvang, California 93463
12 PARKING LOT 3 EXPANSION V2

CITY OF SOLVANG
(APN 139-173-014)
1644 Oak Street 2 2

CITY OF SOLVANG
Solvang, California 93463
·
·
·
· ” ·
·
13 CITY COUNCIL STAFF REPORT
AGENDA ITEM: 8.g
MEETING DATE: August 10, 2026
SUBJECT: Consider Adoption of Resolution No. 26-1332 Approving Purchase of 425 1st Street APN 139-192-024 and Related Appropriation of Funds PREPARED BY: Chelsea O'Sullivan, City Attorney
DISCUSSION:

The property at 425 1st Street in Solvang is the site of the former Waterwheel Building. The building and improvements burned down in [YEAR] and the site has since been cleared of debris and improvements, except for a subterranean concrete structure.

The owner of the property, Jameson Elias Holding, LTD, has offered to sell the property to the City. As of the writing of this staff report, the purchase price and terms are still under negotiation. If acquired, the City would use the property for various public purposes, including but not limited to a parking lot or a new City Hall.

City staff recommends the City Council adopt Resolution No. 26-1332, amended to specify a purchase price and escrow deposit acceptable to Council to authorize the City Manager to execute a purchase and sale agreement in a form acceptable to the City Attorney and take other necessary actions to acquire the property at 425 1st Street.

Staff further recommends the City Council appropriate sufficient funds to cover the purchase price and independent consideration for the transaction. Funds would come from the General Fund.

RECOMMENDED MOTION:

Motion 1: “I move to adopt Resolution No. 26-1332 as amended to reflect the following terms:
• Purchase Price: _____________________
• Escrow Deposit: _____________________
Motion 2: “I move the Council appropriate $____________________ from the General Fund for the acquisition of real property located at 425 1st Street, Solvang CA (APN 139-192-024) and authorize the City Manager and Administrative Services Director to make the appropriate budget adjustments.” ALTERNATIVES:

Decline to authorize acquisition of 425 1st Street, Solvang CA.

FISCAL IMPACT:

The amount of the purchase price plus any independent consideration and additional monies for costs and staff time.

ATTACHMENTS:

A. Resolution No. 26-1332 (Exhibit A - Purchase and Sale Agreement) 1 R 26-XXXX 425 1st Street
RESOLUTION NO. 26-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA

AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND SALE AGREEMENT TO ACQUIRE REAL PROPERTY LOCATED AT 425 1ST STREET, SOLVANG CA (APN XXXXXX-XXX) AND FINDING SUCH ACQUISITION CATEGORICALLY EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the real property located at 425 1st Street, Solvang CA (APN XXX-XXX-XXX) (the Property) is owned by Jameson Elias Holding, LTD; and WHEREAS, the City desires to acquire the Property for various public purposes, including but not limited to a parking lot or a new City Hall.

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

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

SECTION 3. The City Council hereby approves the purchase and sale of the real property located at 425 1st Street, Solvang CA (APN XXX-XXX-XXX) for a purchase price together with independent consideration not to exceed $____________________ and authorizes the City Manager to execute, on behalf of the City of Solvang, a purchase and sale agreement between the City, as buyer, and Jameson Elias Holding, LTD, as Seller, in a form acceptable to the City Attorney, and to take all necessary and appropriate actions to acquire the Property, including to sign any and all escrow documents or other associated documents and authorize payment of any escrow fees, closing costs and other transaction related expenses necessary to complete the transaction.

SECTION 4. This Resolution is effective immediately upon adoption.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy to be filed in the book of original resolutions.

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 26-XXXX was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 10th day of August, 2026, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Annamarie Porter, City Clerk
3 CITY COUNCIL STAFF REPORT
AGENDA ITEM: 8.h
MEETING DATE: August 10, 2026
SUBJECT: Introduce for first reading Ordinance No. 26-0396 Adding Section 9 to Chapter 3 (Street and Sidewalk Obstruction) of Title 8 (Public Ways and Property) of the Solvang Municipal Code to Regulate Busking PREPARED BY: Chelsea O'Sullivan, City Attorney
DISCUSSION:

Busking, also known as street performing, contributes to the vibrancy, character, and public enjoyment of the community. At the same time, such performances may attract crowds and, in certain circumstances, interfere with pedestrian and vehicular circulation, impede access to businesses, or affect the ability of emergency personnel to respond to incidents. Additionally, the City recognizes the importance of protecting First Amendment expressive activities while ensuring the safe and orderly use of public spaces. Accordingly, the City has determined that reasonable time, place, and manner regulations governing busking are appropriate to address public health, safety, and welfare concerns without unduly burdening protected free speech activities.

The proposed ordinance would add a new chapter to regulate busking in public areas of the City. The ordinance defines busking as artistic or expressive performances, including playing musical instruments, singing, dancing, acting, juggling, performing magic, and creating visual art, and applies to individuals or groups performing in publicly accessible areas, such as sidewalks and streets. The ordinance establishes location restrictions that prohibit busking within 10 feet of bus stops, street corners, marked crosswalks, business entrances, and outdoor dining areas, within 50 feet of another busker, and within 50 feet of permitted special events and City-sponsored events. The ordinance further prohibits busking activities that obstruct pedestrian or vehicular traffic and authorizes police or fire personnel to require the dispersal of crowds or relocation of a busker when necessary to maintain safe passage. In addition, the ordinance contains operational standards intended to address public safety, accessibility, and neighborhood impacts. The ordinance limits busking activities to the hours of 10:00 a.m. through 10:00 p.m.

Violations of the ordinance would be punishable as misdemeanors.

RECOMMENDED MOTION:

I move to introduce for first reading Ordinance No. 26-0396 adding Section 9 to Chapter 3 (Street and Sidewalk Obstruction) of Title 8 (Public ways and Property) of the Solvang Municipal Code to regulate busking.

ALTERNATIVES:

Council could decide to not introduce the ordinance or to make changes to the ordinance before introduction.

FISCAL IMPACT:

None. 1
ATTACHMENTS:

Ordinance No. 26-0396
2 26-0396 Busking Ordinance
ORDINANCE NO. 26-0396

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, ADDING SECTION 9 TO CHAPTER 3 (STREET AND SIDEWALK OBSTRUCTION) OF TITLE 8 (PUBLIC WAYS AND PROPERTY) OF THE SOLVANG MUNICIPAL CODE TO

REGULATE BUSKING
WHEREAS, the City of Solvang (“City”) recognizes that busking, also known as street performing, provides a public amenity that enhances enjoyment in, and character of, the City in a manner consistent with the overall public interest and also recognizes that buskers seek to and do draw crowds to their performances; and
WHEREAS, busking can create conflicts in the use and enjoyment of public areas by impacting the ability of pedestrians to move freely and safely on the sidewalks and through crosswalks, by blocking and impeding vehicular traffic on City streets, by impacting pedestrians' ability to enter and exit various businesses, and by impacting public safety personnel in responding to calls for service; and
WHEREAS, striking and maintaining a balance between protecting the public, surrounding businesses and property owners, and the exercise of First Amendment free speech activity can be difficult; and
WHEREAS, amending the Solvang Municipal Code to include place and manner restrictions on busking in public places within the City will help reduce the negative effects of busking on the public health, safety, and welfare, and will not unreasonably restrict the free speech rights of buskers.

NOW, THEREFORE, the City Council of the City of Solvang does hereby ordain as follows:

SECTION 1. Section 9 of Chapter 3 (Street and Sidewalk Obstruction) of Title 8 (Public Ways and Property) is hereby added to read as follows:
“§ 8-3-9 Busking.

A. Purpose.

The purpose of this chapter is to impose reasonable time, place, and manner regulations on busking in order to protect the public health, safety, and welfare of buskers, their audience, and the general public to prevent unreasonable interference with the public's use and enjoyment of public areas, allow residents' enjoyment of peace and quiet in their homes, and give businesses the ability to operate and conduct their business.

B. Definitions.

The words set out in this section shall have the following meanings:

Busking. To engage in artistic or expressive performances, including, but not limited to, playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, performing magic, or creating visual art in its entirety, or similar artistic endeavors. 3
-2-
26-0396 Busking Ordinance
Busker. An individual or group who engages in artistic or expressive performances, regardless of whether the individual or group receives tips or gratuities.

Public areas. Sidewalks, streets, roads, parks, parkways, paseos, walkways, and any other publicly accessible areas or public property within the city.

Visual art. Sculptures, drawings, or paintings, whether permanent or temporary, created on paper, cardboard, canvas, or other similar or technologically equivalent media through the use of brush, pastel, crayon, chalk, pencil, stylus, or other similar object.

C. Regulations.

1. Notwithstanding any other provision of this code, no busker shall engage in busking:
a. Within 10 feet of any bus stop;
b. Within 10 feet of any street corner or marked pedestrian crosswalk; c. Within 10 feet of the outer edge of any entrance to any business, including, but not limited to, doors, vestibules, and driveways, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises; and
d. Within 10 feet of the entry, exit, and/or outer edge of any area permitted for outdoor dining, including during the hours the business is open to the public.
e. Within fifty (50) feet) of another busker.
f. Within fifty (50) feet of a permitted special event in a public area pursuant to Chapter 9 (Special Events) of Title 8 (Public Ways and Property) of this code or a city-sponsored event in a public area.

2. A busker and the busker’s equipment may not block or obstruct the free and safe movement of pedestrians or vehicular traffic. If a crowd gathers to observe a busker such that the passage of the public through a public area is blocked or obstructed, a code enforcement officer, law enforcement officer, or fire official may disperse that portion of the crowd that is blocking or obstructing the passage of the public. If a busker cannot conduct a performance in a location without blocking or obstructing the passage of the public, a code enforcement officer, law enforcement officer, or fire official may cause the busker to leave the location or require that the busker relocate his or her equipment, but shall not prevent the busker from occupying another location that does not block the free and safe movement of pedestrians or vehicular traffic. 4 -3-
26-0396 Busking Ordinance

3. No busker shall use any knife, sword, torch, flame, axe, saw, firearm or other object that can cause serious bodily injury to any person or that can be used in any manner that can cause serious bodily injury to any person.

4. No busker shall ask or allow any observer, bystander, or audience member to engage in any activity, including, but not limited to, acrobatics, tumbling, or cycling that can cause serious bodily injury to any person.

5. No busker shall use any generator, wet cell battery with removal fill caps, or other power source that poses a fire or public safety hazard. No busker shall connect or maintain an electrical cord to an adjacent building or to a city power source.

6. No busker may litter his or her performance site or damage or mark any public area.

7. No busker shall fasten or affix any item including, but not limited to, tape, strap, chain, tie, band, or rope, to any public area.

8. No busker shall utilize or prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance.

9. No minor under the age of 16 may perform unless the minor is at all times accompanied by a responsible adult 18 years of age or older, has obtained an entertainment work permit issued by the Department of Industrial Relations of the state of California, and maintains the permit in his or her possession at the time of the performance.

10.No busker shall place any object on a sidewalk that causes less than a five foot continuous sidewalk width being kept clear for pedestrian passage or block any portion of a sidewalk that violates any local, state, and federal accessibility regulations, including the Americans with Disabilities Act.

11.No busker shall perform with more instruments, props, equipment, merchandise, or other items than the busker can reasonably transport or remove at one time.

12.No busker shall utilize a stand-alone umbrella during his or her performance.

13.No busker shall leave his or her instruments, props, equipment, merchandise, or other items unattended.

14.No busker shall perform in contravention of the allowable noise levels and amplified sound registration requirements established by section 6-2-7 of this code.

15.No busker shall block or obstruct a curb cut. 5
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26-0396 Busking Ordinance

16.No busker shall perform after 10:00 p.m. or before 10:00 a.m.

17.No busker shall use any animal, reptile, or bird as part of his or her performance.

18.No busker shall sell goods or services as part of his or her performance.

D. Violations—Penalty.

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction of any such violation such person shall be punished as provided in section 1-3-3 of this code.

SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this Ordinance.

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

SECTION 4. The City of Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this Ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.

PASSED, APPROVED, AND ADOPTED on this 14th day of September, 2026. __________________________________
David Brown, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 6 -4-
26-0396 Busking Ordinance
7 -5-
26-0396 Busking Ordinance

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 26-0396 was duly introduced at a regular meeting of the City Council held on the 10th day of August 2026, and was duly adopted at a regular meeting of said City Council held on the 14th day of September 2026, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
8 CITY COUNCIL STAFF REPORT
AGENDA ITEM: 8.i
MEETING DATE: August 10, 2026
SUBJECT: Introduce for First Reading Ordinance 26-0397 Regulating Use of Potable Water for Irrigation of Non-Functional Turf
PREPARED BY: Chelsea O'Sullivan, City Attorney
DISCUSSION: The City of Solvang operates a public water system that provides potable water to residential, commercial, institutional, and municipal customers within its service area. California continues to experience increased water-supply variability and long-term scarcity due to climate change, reduced snowpack, extended drought conditions, and growing demand for limited potable water supplies.

On October 13, 2023, the Governor signed Assembly Bill 1572 into law. AB 1572 amended the California Water Code to prohibit the use of potable water to irrigate nonfunctional turf on specified commercial, industrial, institutional, municipal, and multifamily residential properties. The law establishes phased compliance dates based on property type and requires public water systems, including the City, to incorporate the prohibition into their water-use ordinances, policies, or regulations by January 1, 2027.

The proposed Ordinance would add Section 9-3B-11 to Chapter 3 (Water Code) of Title 9 (Water and Sewer) of the Solvang Municipal Code to implement AB 1572 by prohibiting the use of potable water to irrigate nonfunctional turf on certain properties with limited exceptions. The prohibition would take effect in phases beginning January 1, 2027, based on property type, with later compliance dates for commercial, industrial, institutional, homeowners’ association, common-interest-development, and certain disadvantaged-community properties. Potable water irrigation would still be permitted on properties subject to the ordinance when necessary to maintain trees and other perennial plants or address an immediate health and safety need. Customers would be responsible for compliance, and violations would be subject to civil liability or fines established by City Council resolution within the limits authorized by state law. The Ordinance, if adopted, would establish clear and locally appropriate standards for City water customers, promote efficient use of potable water, and support the City’s longterm water-supply reliability.

RECOMMENDED MOTION:

I move to introduce, for first reading, Ordinance No. 26-0397, adding Section 9-3B-11 to Chapter 3 (Water Code) of Title 9 (Water and Sewer) of the Solvang Municipal Code regulating use of potable water for irrigation of non-functional turf.

ALTERNATIVES:

Council could choose not to adopt the ordinance. This is not recommended as failure to adopt would put us afoul of state code and could have negative repercussions.

FISCAL IMPACT:

There is no fiscal impact directly with implementing the ordinance. 1 ATTACHMENTS:

Ordinance 26-0397
2 0 26-0397 Non-Functional Turf
ORDINANCE NO. 26-0397

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG,

CALIFORNIA, ADDING ARTICLE E (NONFUNCTIONAL TURF) TO
CHAPTER 3 OF TITLE 9 (WATER CODE) OF THE SOLVANG MUNICIPAL

CODE REGARDING THE USE OF POTABLE WATER FOR THE IRRIGATION

OF NONFUNCTIONAL TURF
WHEREAS, the City of Solvang (“City”) is a public water system that provides potable water service to residential, commercial, institutional and municipal customers within its service area; and
WHEREAS, California continues to experience increasing water supply variability and long-term water scarcity due to climate change, reduced snowpack, extended drought conditions, and growing demands on limited potable water supplies; and WHEREAS, on October 13, 2023, the Governor signed Assembly Bill (AB) 1572 into law, which amended the California Water Code to prohibit the use of potable water to irrigate nonfunctional turf on specified properties, including commercial, industrial, institutional, municipal, and certain multifamily residential properties, subject to phased compliance dates based on property type;
WHEREAS, AB 1572 requires public water systems, including the City, to adopt or revise their ordinances, policies, or regulations governing water use to incorporate the statutory prohibition on the irrigation of nonfunctional turf by January 1, 2027; and WHEREAS, the City Council desires to comply with state law while providing clear, consistent, and locally appropriate standards for customers, and to support water use efficiency and long-term water supply reliability; and
WHEREAS, this Ordinance is necessary to align the City’s water use regulations with the requirements of AB 1572 and to promote the efficient and reasonable use of potable water resources.

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

SECTION 1. Section 9-3B-11 of Article B (Water Use Regulations) of Chapter 3 (Water Code) of Title 9 (Water and Sewer) of the City of Solvang Municipal Code is hereby added to read as follows:
“9-3B-11 Irrigation of nonfunctional turf.

A. Definitions. For the purposes of this section, the following terms are specially defined.

Commercial property. Any real property, or portion of real property, that is used or occupied primarily for commercial purposes, including the provision or distribution of a product or service, whether for profit or not for profit, and whether or not open to the general public,
Common area. That portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization 3 -2-
0-26-0397 Non-Functional Turf
or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property, or as otherwise defined in Water Code Section 10608.12(g).

Common interest development. A community apartment project, a condominium project, a planned development or a stock cooperative as those terms are defined by the Davis-Stirling Common Interest Development Act (Civil Code §§ 4000 et seq.) .

Community service organization or similar entity. A nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent the community common area or facilities are available to the public. “Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Internal Revenue Code Section 501(c)(3) and that provide housing or housing assistance.

Community space. An area designated by a property owner or a governmental agency to accommodate human foot traffic for civic, ceremonial, or other community events or social gatherings.

Disadvantaged community. A community with an annual median household income that is less than 80 percent of the statewide annual median household income.

Functional turf. A ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.

Homeowners’ association. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Industrial property. Any real property, or portion of real property, that is used or occupied primarily by a manufacturer or processor of materials within North American Industry Classification System (NAICS) sectors 31 to 33, inclusive; or an entity primarily engaged in research and development.

Institutional property. Any real property, or portion of real property, that is used or occupied primarily for public service purposes, including, without limitation, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions. Institutional property does not include cemeteries.

Nonfunctional turf. Any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots.

Perennial non-turf plant. A non-turf plant that lives for more than two years and regrows each season.

Potable water. Water that is suitable for human consumption. 4 -3-
0-26-0397 Non-Functional Turf
Recreational use area. An area designated by a property owner or a governmental agency to accommodate human foot traffic for recreation, including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas. This recreation may be either formal or informal.

Turf. A living ground cover surface of mowed grass.

B. Responsibility. The customer shall be responsible for compliance with the provisions of this Section.

C. Use of Potable Water for Irrigation of Nonfunctional Turf Prohibited. The use of potable water for the irrigation of nonfunctional turf is prohibited on the following properties as of the following dates, unless otherwise postponed by the State Water Resources Control Board upon a showing of good cause pursuant to Water Code Section 10608.14(c):

1. Beginning January 1, 2027, all properties owned by the Department of General Services, local governments, local or regional public agencies, and public water systems, except for those properties specified in paragraph (4).

2. Beginning January 1, 2028, all other institutional properties and all commercial and industrial properties.

3. Beginning January 1, 2029, all common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities.

4. Beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties, whichever is later, all properties owned by local governments, local public agencies, and public water systems in a disadvantaged community.

D. Exception. Notwithstanding subdivision (C), potable water may be used for irrigation of nonfunctional turf to the extent necessary to ensure the health of trees and other perennial nonturf plants, or to the extent necessary to address an immediate health and safety need.

E. Violations. Violations of this section shall be subject to civil liability and/or a fine set forth in a schedule established by resolution of the City Council and shall not exceed the amounts authorized by Water Code Section 1846.

SECTION 2. This Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15307 and 15308 because the Ordinance is an action taken by the City as required and authorized by Assembly Bill 1572 to assure the conservation and protection of potable water and the environment by limiting the use of potable water to irrigate certain areas of nonfunctional turf within the City. In addition, this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. 5
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0-26-0397 Non-Functional Turf
SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this Ordinance.

SECTION 4. This Ordinance shall become effective 30 days after its adoption.

SECTION 5. The City of Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this Ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.

PASSED, APPROVED, AND ADOPTED on this 14th day of September, 2026. __________________________________
David Brown, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 6 -4-
0-26-0397 Non-Functional Turf
7 -5-
0-26-0397 Non-Functional Turf

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 26-0397 was duly introduced at a regular meeting of the City Council held on the 10th day of August 2026, and was duly adopted at a regular meeting of said City Council held on the 14th day of September 2026, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
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Solvang City CouncilAugust 10, 2026

Solvang City Council
August 10, 2026